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HomeMy WebLinkAboutJuly 7, 2005 PLANNING COMMISSION OF THE CITY OF BAKERSFIELD MINUTES OF JUNE 16, 2005 - 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Ellison, Lomas, Blockley, Gay, Spencer, Tkac, Tragish Absent: None Advisory Members: Robert Sherfy, James D. Movius, Marian Shaw, Jack Leonard Staff: Marc Gauthier, Pam Townsend 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS: None. Commissioners Tkac and Tragish stated that they have listened to the tape from Monday's pre-meeting. 4. CONSENT CALENDAR: 4.1 Non-Public Hearing Items - None 4.2 Public Hearing Items 4.2a) Approve continuance until July 21, 2005 of Vesting Tentative Parcel Map 11263 (Porter-Robertson) (Ward 6) 4.2b&c) Approval of General Plan Amendment/Zone Change No. 04-1764 (SmithTech/USA, Inc.) (Ward 5) 4.2d&e) Approval of General Plan Amendment/Zone Change No. 04-1766 (SmithTech/USA, Inc.) (Ward 4) 4.2f) Approval of General Plan Amendment No. 04-2005 (City of Bakersfield) (Ward 1) 4.2g,h&i) Approval of General Plan Amendment/Zone Change No. 05-0338 — Williamson Act Cancellation (Marino Associates) (Ward 4) 4.2j) Approval of General Plan Amendment No. 05-0403 (Cal-Kern Development, LLC) (Ward 3) Minutes, PC, June 16, 2005 Page 2 4.2k&I) Approval of General Plan Amendment/Zone Change No. 05-0535 (The Keith Companies) (Ward 3) Commissioner Ellison recused himself from Consent Agenda Item 4.20). Commissioner Tkac recused himself from Consent Agenda Item 4.2(h) and 4.2(i). The public hearing is opened. Gordon Nipp requested 4.2(g), 4.2(h), 4.2(i), 4.20) be removed from the Consent Agenda. Patty Kusak, requested 4.2(k) be removed from the Consent Agenda. Staff recommended that with the request for removal of 4.2(k), that 4.2(I) a companion item, should be removed as well. Commissioner Tragish requested removal of 4.2(a) from the Consent Agenda. The public hearing is closed. Commissioner Tragish moved, seconded by Commissioner Spencer, to approve the public hearing items under Consent Calendar 4.2(b), 4.2(c), 4.2(d), 4.2(e), 4.2(f). Motion carried by group vote. Staff requested a roll call vote because there are some GPA's. Motion carried by the following roll call vote. AYES: Commissioners Blockley, Gay, Lomas, Spencer, Tkac, Tragish, Ellison NOES: None. ABSENT: None 5. PUBLIC HEARING —Vesting Tentative Parcel Map 11263 (Porter-Robertson) (Ward 6) Public hearing opened. Staff report given. Randy Berquist with Porter Robertson indicated that they have made every effort they can with Crimson and have satisfied the configuration of the parcel. He indicated that he believes that some of the issues may have to do with monetary compensation and things that are beyond the scope of the Planning Commission. Mr. Berquist indicated his recommendation is for approval. The public hearing is closed. Commissioner Tragish inquired about Crimson's previous concerns for safety, and then two days before this hearing other issues are raised that may not be bona fide issues. Commissioner Tragish inquired of Staff if the canal boundaries are adequately described for the purposes of approving the vesting tentative parcel, to which Staff responded in the affirmative. Commissioner Tragish further inquired of Staff if they feel the frontage road for the property has been appropriately identified at this point to approve a vesting tentative parcel to which Staff responded they believe they have adequate access. Staff further indicated that the easement is not a problem as the easement is shown, and Staff would not allow it to record unless the easement was there between the end of the cul-de-sac and the well site. Staff further indicated that they feel this has been adequately described to approve the vesting tentative parcel map. Commissioner Tragish inquired if they have to be involved with surface waivers at this hearing, to which Staff responded it has to be considered, and that if the drill site is granted at that location they are waiving the signatures on the final map, or any further involvement with Minutes, PC, June 16, 2005 Page 3 the mineral right owner. Staff confirmed that the concern regarding surface waivers is not sufficient to stop the PC from voting on the vesting tentative parcel map. Staff indicated that they believe the PC can vote on the map tonight with the well site provision in it. Commissioner Tragish stated that he would move that a continuance not be granted. Commissioner Ellison stated that his concern was adequate frontage access. Staff indicated that the intent was to make sure that there was adequate lot width in order for a developer not to make an extremely narrow rectangular lot. Staff stated this particular parcel appears to meet the intent of that in providing a reasonably proportionate drill site with adequate access on the cul- de-sac. Commissioner Ellison stated that he would agree to not continue this item. Commissioner Blockley stated he was prepared to leave it on the Consent Agenda, but understands Commissioner Tragish's concerns. Commissioner Gay stated that he will support Commissioner Tragish's motion. Commissioner Tragish moved, seconded by Commissioner Gay, to approve and adopt the Negative Declaration and to approve Vesting Tentative Parcel Map 11263 with findings and conditions set forth in the attached Resolution Exhibit "A", and also include the drawing that was prepared by Porter Robertson attached to the June 10, 2005 letter, which is attached to the June 13, 2005 memo from Mr. Jim Movius. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, Gay, Lomas, Spencer, Tkac, Tragish, Ellison NOES: None ABSENT: None 6. PUBLIC HEARINGS — GENERAL PLAN AMENDMENTS / Land Use Element Amendments / Zone Changes / Circulation Element Amendments / Williamson Act Land Use Cancellation, Specific Plan Line Adoption: 6.1a&b) General Plan Amendment/Zone Change 04-1342 (Project Design Consultants) (Ward 3) Staff report given. Public hearing opened. Renee Nelson, Clean Water and Air Matter, stated that she was asked by the petitioners if she would submit and read the petition for the record tonight. She indicated there were 149 names. She read the petition into the record. Ms. Nelson also stated there are some major problems with the Negative Declaration for this project. She indicated that CEQA does not allow disconnection of the land use process from the environmental process, which must be considered at the same time. She indicated that it is not enough to defer mitigation or other studies to a later date, and indicated they need to be in the record so that they can be reviewed now and commented on. She indicated that they cannot decide if the mitigation is adequate if they don't know what it needs to be because they don't know what the project it. She indicated that they have to look at the project as a whole and know what tenants will be there so mitigation can be addressed. Minutes, PC, June 16, 2005 Page 4 Ms. Nelson stated that there is substantial evidence in the record that requires an EIR. She requested that this project have a limit on the hours of operation from 6 a.m. to 11 p.m. Gordon Nipp, Sierra Club, quoted from the Negative Declaration, "There is no scenic vista that will be impacted by this project." He requested that any design for this project be done inn an aesthetically pleasing manner because it will be seen from just about every area of Bakersfield and will be a landmark. He stated that the Negative Declaration minimizes the effect of lighting issues. Mr. Nipp also talked about air quality. He suggested that it come back to the public for input. He discussed the deficiencies such as: 1) cumulative air quality impact restricting the study to a one mile radius, 2) leaving out the Eagle Meadows project and discussion of cumulative impacts, 3) omitting the City in the Hills project discussion of cumulative impacts, and other projects in the northeast. He indicated that the cumulative impacts of all these projects to air quality is significant and ought to be addressed. He indicated that there are a number of effective mitigation measures where the cumulative impact to air quality is reduced to zero. He indicated that it is more realistic that the build out will be in five years, and not 15, and he does not believe they would build '/2 a Wal-Mart type project, or take 10 years to build 221 multi-family units. Mr. Nipp talked about biological resources being insufficiently addressed. He concluded by stating that they feel a full fledged EIR should be done for this project. Arthur Unger asked that his comments be included in the three agenda items that Dr. Nipp had specific comments on. He would like the buildings to be more energy efficient. He added that as fossil fuel prices rise, even less dense areas may prefer transit, but here they never seem to take that into consideration. Commissioner Ellison indicated that Mr. Unger's comments will be applied to all three agenda items that Dr. Nipp referenced. Ms. Nelson indicated she has never seen any kind of a BIOTA report. She indicated that the courts have asked them to look at urban decay as a result of growth and what is being done with the infrastructure. Richard Curtis, 1401 19th Street, indicated that the 40+ acre size and complexity of this project warrants an entire EIR. Dave Dmohowski, Project Design Consultants, representing the property owner Stockdale Investments, Inc., referred to Section 65860 of the California Planning and Zoning Law, requiring that City ordinances be consistent with the General Plan. Mr. Dmohowski indicated that the application presented is really a request to make the zoning consistent with an already adopted General Plan land use designation, which currently designates the subject property for a combination of high-medium density residential (HMR), and general commercial (GC) as required by state law. Mr. Dmohowski further stated that section 65862 states that it is the intent of the California legislature that local government should amend zoning as close in timing as possible to its adoption of the General Plan, which the City should have done years ago to be consistent with the intent of the legislature, and the applicant should not be penalized today because it didn't happen. Mr. Dmohowski pointed out that in looking at the representation of the General Plan designation that City staff has displayed, he was forced to pay $20 for an official copy of the City of Bakersfield General Plan Land Use Map, and it is interesting that the official map that you buy at the Planning Department shows roughly 80 acres of HMR and General Commercial combined. He indicated that looking at the map, it appears that those designations on the large map (24X36 version) shows that the HMR is roughly the northeast quarter of the Minutes, PC, June 16, 2005 Page 5 northwest quarter of Section 26, and the general commercial appears to be roughly the northeast quarter of the northeast quarter of Section 26. Mr. Dmohowski pointed out that you should be able to rely on the City's official general plan map, but believes their request is consistent with the intent of state law that the City needs to bring it's zoning into conformity with the General Plan at the earliest possible time. He indicated that they are in agreement with the findings, conditions and mitigation measures recommended by Staff. Mr. Dmohowski commented that there is a tendency to use CEQA not to protect the physical environment, but to advance a variety of economic interests at the expense of the property owner or the applicant. He spoke specifically to the letter of Mr. Harriman written on behalf of an adjoining property owner who apparently feels economically threatened or at a competitive disadvantage because of the pending approval of this project. He stated that he thinks this is an inappropriate use of the CEQA process. Mr. Dmohowski indicated that the applicant, Mr. Craig Carver, is in discussions with Ms. Nelson, the Sierra Club, and they've had preliminary discussions with Mr. Harris about ways in which this project can be designed to respond to the specific concerns they raise. Mr. Dmohowski stated that their recommendation is to pass the Commissions' recommendation to the City Council as quickly as possible, and they will continue to work with the potential opponents of the project for a satisfactorily resolution of the issues raised. Mary Jane Wilson, WZI, stated that there is a new URBEMIS program out and it's been out for a very short time. Ms. Wilson indicated that most of the factors that are in the new URBEMIS program are the same factors that were in the previous version. She indicated that this air study was done in December 2004, and therefore the new URBEMIS program could not be used on this analysis because it was not available. She indicated that the build out date is given to the expert consultant by the developer, and WZI does not change any of those kinds of design features. She indicated that they request this information from the applicant, and the applicant tells them what their best estimate is. Ms. Wilson indicated that on the 27,000 sq. ft. that was to estimate the construction over a 10 year period for the commercial, and 1/10 of 270,000 is 27,000, which was used as the estimate for the specific time period. She indicated that there are numerous things in the letter from Mr. Nipp, such as the temperature, and actually the temperature regimen that they use is 85 degrees, whereas the average temperature if done for Kern County specifically and for the valley portion of Kern County would be about 77 degrees, which would be even lower, and therefore the analysis is conservative. Roger McIntosh, McIntosh & Associates, representing Craig Carver, stated they prepared a traffic analysis in accordance with City standards and procedures. He indicated that they identified mitigation measures both at opening day, and at regional basis using the KernCog models that they are required to use. He stated that they identified mitigation at two signals to be installed; one at the project entrance on Morning Drive and one on Highland Knolls at the entrance to the multi-family. Mr. McIntosh stated that in addition, they identified impact fees which are designed to pay for the regional impact improvements, as well as the local improvements, and those are all identified in the report. Dave Dmohowski concluded that the applicant, Mr. Carver, as a show of good faith, is wiling to discuss with the opponents of the project some threshold of significance, whether it be 100,000 sq. ft. or something larger, which would automatically trigger a full EIR for future retail development, especially where it's kind of a more sensitive from a political point of view, a larger retailer to include a significant portion of non-taxable sales. Mr. Dmohowski further pointed out that Morning Drive in the future will assume a much more prominent role in regional circulation, and the Sierra Club has commented consistently on the need for our infrastructure to keep face with development, and that there is even some Minutes, PC, June 16, 2005 Page 6 discussion of possibly designating that segment of Morning Drive from 58 up to 178 as an extension of Highway 184, which acknowledges its importance in regional circulation in that area. Public hearing closed. Commissioner Ellison reiterated that some of the opposition against this project include: 1) Urban decay and 2) the need for an EIR. He reiterated that some comments in favor of the project included an offer of concession on the size of the proposed retail. Commissioner Tragish commented that 270, 000 sq.ft. is a lot of space and that there are a lot of ramifications to building that much commercial space in one location. He stated that there are a lot of factors and impacts that he would like to know about, that may not have been addressed in the information he has. He referred to the comment that the application should be passed because it's going to be a planned commercial development and there will be an opportunity to look at the property when it comes in. Commissioner Tragish stated that he does not agree with this because later on the PC is restricted on what they can impose. He further indicated that he does not know if he has enough information with regard to what other commercial projects are going on in the city. He stated that the East Hills Mall center does not appear to be a booming commercial success, and there is an enormous amount of commercial development around that center. He stated he does not know what impact this will all have. Commissioner Tragish further stated that he does not believe the tentative tract map and tentative parcel map have to be heard in conjunction with a GPA in order for the GPA to be approved. Commissioner Tragish inquired if when applicants come in for approval of commercial property this large if they usually come in with an EIR, to which Staff responded that some have, and some have not. Staff indicated that they do not see this large of a commercial center very often. Staff stated that based on the written comments received, the testimony this evening, and their inability to respond to these in writing, and the lessons learned during the Wal-Mart court case, Staff is not recommending approving the Negative Declaration for this project. Staff indicated that there are enough issues that need to be reviewed and discussed to provide additional information to the PC and respond in writing. Commissioner Tragish stated that with a C-2 zoning it is pretty wide open as to what can go in. He further indicated the height can be two-stories. He stated that, in his opinion, with the proposed residential around the proposed project, it would have impacts. Commissioner Tragish inquired of Ms. Wilson about the square footage and the build out projection, and if a project such as this with a 5 year build out would have a substantial impact on the numbers, to which Ms. Wilson responded in the affirmative. She stated that construction emissions are treated differently than the operational emissions, and stated that she would have to run the operational emissions to see if it would be above 10 tons. Ms. Wilson stated that it is not that the project would have existed for a longer period of time, but is because the fleet mix changes year by year as new cars and trucks are purchased their emission standards are lower, and so the total overall mix changes every year, and so when you look at the final build out year, and the intermediate year, then you can see that there are differences because the fleet mix does change and the air emissions (such as space heaters, etc., are pretty much the same), and that it is the overall vehicle fleet mix, and that fleet mix change occurs whether to the facility regardless of when it is finished it continues to change throughout its whole life. Commissioner Tragish stated the bottom line is if it gets built within 5 years, rather than 10 years, will it have an impact on the numbers provided in the air quality report. Ms. Wilson stated that her staff has recalculated, and it would be okay in five years as it would still be under the 10 tons. Minutes, PC, June 16, 2005 Page 7 Commissioner Tragish inquired of Mr. McIntosh about the traffic analysis and asked if the project was built in five years versus 10 years if it would have an effect on the traffic analysis, to which Mr. McIntosh responded that they identified two levels of mitigation. One being opening day mitigation, and the second a regional impact based on the 2020 Kern Cog model. He indicated that the Kern Cog model at 2020 takes into account build out of the model and the computer runs that are based on traffic today, plus a growth factor, the regional impact fees were identified at approximately 1.3 million dollars for this project, and in addition, they assumed opening day was in the next year or so. Therefore, they identified open day mitigation as needing two signals, one at the entrance to the project on Morning Drive, and the second one at the entrance to the multi-family. Commissioner Blockley inquired if Mr. McIntosh is assuming a one year build out, and assuming a five or 10 year build out if that is proper. Staff responded that it means that if Mr. McIntosh was doing that and they expected the commercial shopping center and all those 221 residences to be build in one year, then he would be tremendously conservative (over estimating) in his estimates of traffic impacts sooner. Therefore, as far as timing as when things need to be installed, the mitigation could be coming on line sooner than needed. Staff stated that it is not necessarily a problem as it overstates the issue of traffic impacts. Commissioner Gay stated that in responding to Ms. Nelson's request to define all the uses of the center, that the C-2 zoning defines what uses would be allowed, and it is not for the PC to worry about if they want two or three bakeries or a market, etc. He stated that the overall concept of the project has some of the best possibilities. He stated that it has no one to the west for a quarter of a mile, no one to the south, and no one to the east of them right now, and the people to the north are separated by a large freeway. Therefore implementing new development in an area like this does not have closed growth to it that would have an impact. He stated that apartment complex would be their own people and will know the commercial is going in there first, and from these points he stated he does not have a problem with the project. Commissioner Gay stated that Mr. Nipp's comments about the aesthetics are good points. He pointed out that the PC cannot control what retailers go into the development, but that with that large of sq. ft. a big box could go in there. He stated that he does not support a vanity signal. Commissioner Lomas stated that she would like to defer her questions and comments to the continuance. She requested that when this is brought back to the PC that they have an opportunity to go through the discussion again and answer any questions, to which Staff confirmed in the affirmative. She further inquired if the public hearing would be opened or closed, to which Staff stated that they would recommend that it be renoticed for a new public hearing. She further requested a better understanding of the new version of the URBEMIS model, and how long Staff will accept the old version. Staff responded that they are looking at the new version right now, and the projects presented tonight are GPA and they will be coming through the subdivision maps and they all have conditions that provide for when resubmitted they have to run the new model. Mr. Sherfy, legal counsel, stated Staff has received a number of comments that they have not been able to respond to, as well as some of the comments presented this evening. Mr. Sherfy indicated that Staff believes there are three options at this time: 1) deny the project or vote down the GPA and zone change; 2) allow staff time to review the comments and prepare responses, study the issues and come back with whether or not a negative declaration or an EIR may be required and continue this matter until the next general plan cycle (which is Staff's recommendation; and 3) approve the project and direct Staff to respond to all of the comments. Staff does not recommend option number 3 simply because if it is determined that an EIR is needed, they essentially have gotten nowhere as they will have to come back to the PC again. Minutes, PC, June 16, 2005 Page 8 Motion made by Commissioner Tragish, seconded by Commissioner Blockley, to continue Agenda Item 6.1(a) and 6.1(b) to the next general plan cycle so that staff can review the comments, study the issues raised and respond to the same, and so Staff can determine if a new Negative Declaration needs to be issued or recommend an EIR, directing Staff to renotice this item. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Gay, Lomas, Spencer, Tkac, Tragish, Ellison NOES: None. ABSENT: None Dinner break taken The Planning Commission requested that Items 6.3a&b be heard prior to Items 6.2 a&b and 6.4 so that these two items could be heard at one time. 6.3a&b) General Plan Amendment/Zone Change No. 04-1704 (Kern Delta Land Development Corp.) (Ward 7) Staff report given. Public hearing opened. John Hughes, resident of Rose Marie subdivision directly west of the proposed amended changes. He stated their neighborhood watch group believes that an amendment to the GP to allow expansion of an apartment construction in their immediate neighborhood will lead to high density population, higher turn over of temporary residence in the neighborhood, and hence a diminishing pride in ownership. He stated their concern is the fact that the newest complex is less than 3800 ft. north of them, close to the intersection of Panama and Wible. He stated that as of today, a police report printed for that one specific apartment on 3400 Laurelton Avenue showed that during the last 18 months 43 calls, which included such things as public intoxication, auto theft, forced entry, battery, prowlers, loiters, shots fired, suspicious subject stop, and multiple counts of those. He stated they are concerned that apartment complexes, although with best intentions in the initial development, can deteriorate into these examples quickly. He stated that the homeowners consulted the GP and entrusted that future development would closely adhere to the planned zoning. He stated they were looking for a quiet residential neighborhood with a stable population of homeowners that take pride in home ownership. He stated that adding additional and unnecessary apartment units adjacent to their dream homes, and increasing the traffic that cuts through their neighborhoods will aggravate many homeowners that take great pride in homeownership. Mr. Hughes stated that this morning a petition was turned in to the PC with about 270 names on it, indicating the rejection of 270 apartment building on the subject property. The petitioners requested rejection density and zone changes on the above property for apartment construction. Mr. Hughes further stated that in addition they have been able to collect over 45 additional signatures to the same petition, which he submitted to the clerk. Mr. Hughes stated that most have lived in apartments at some point and apartments do serve a valuable place in the community, especially as homes become more expensive, and the value of property is determined by location. He indicated that this location for these apartments is not a good match for the community. Mr. Hughes again requested that the PC vote no on this zone change. Mr. Hughes requested those in attendance in opposition to this project to stand. Todd Funk stated that the lost sales on his home when he tried to sell it is a direct result of the crime-ridden apartments which existed in that area. Mr. Funk begged the PC to do what is right Minutes, PC, June 16, 2005 Page 9 for this subject area. He stated that he is providing some requests if the PC does vote for this project. He concluded by stating that apartments just do not fit in this area and asked that the PC deny this application. Michael Davidson, 3407 Trovis Avenue, stated that the apartment complex on Loylton has been sold at least six times in the last eight years, and with each passing sale, there has been more deterioration. He stated that while he understands everybody needs a place, he does not believe that these apartments are worth the lives of the residences that are already there. He stated that he does not see how traffic access is any better with apartments than residential, because with apartments there is more traffic on a daily basis. Mr. Davidson stated that his neighborhood experiences enough crime already and they do not want to see more. Joe Jimenez, representing the homeowners in Stone Creek, stated that as a member of the L.A. Police Department, he has experience in dealing with apartment buildings, and is aware of the increased crime with apartment buildings. He stated that his community is opposed to this project and asked the PC to not change the zoning. John Ortiz stated that he lives just northeast of the proposed apartments, and he found out about this proposed change two days ago. He stated that he has not spoken to one person who is not opposed to this change. Ed Munoz, resident of Stone Creek, stated he agrees with all of the previous comments. He raised concerns about the over population of the area already. He stated that Wible Road is two lanes (one in each direction), and the road is a mess. He stated the area is starting to develop commercially and Wible is going to become a main thoroughfare. He stated that to allow this project to go through would be a mistake not only for the homeowners, but for the city. Frank Mucedo stated he lives in the Rose Marie area. He expressed his concern and objection to this project. He stated he just became aware of this project last night. He requested a denial of this zone change. Kelly Begland, 3315 Cathedral Rose Avenue, stated that she does not appreciate that the zoning is being changed at this time. She indicated that she would like an updated map, as it does not show all of the housing where the map indicates dirt. She indicated that traffic is going to be an issue. She also indicated that in front of the fireman's home there is a bus stop where children are picked up from school and dropped off, and there already is a traffic problem in that area without adding more units. Matt Kedzierski, stated that his son's fourth grade science project, consisted of sitting at the corner of Wible and Berkshire to monitor the traffic at that intersection to see how many people actually came to a stop. He stated that blatantly running stop signs was 10 to 15 of the population, and that less than half of the people stopped at that intersection. He stated that with the increase in traffic this is going to become more of an issue. He stated that there is concern for the high school students who walk single file across Wible. Traffic there is a major concern. Mike Parmley, 3504 Buckeneer Rose Avenue, stated that in looking at some of the documents provided by staff, there were numbers which referenced this type of complex in their area versus city-wide, and he inquired if there are some numbers that they could look at to see if there are also other areas that also don't have their fair share of apartments, and why would there be some disparity between them and other parts of the city. Mr. Parmley further inquired into this zone change that would allow for four times the number of apartments that were originally allowed in the GP. He questioned that if Staff is off that far in the GP then perhaps they are off that much in this project, and deserves taking a closer look. He stated that the map makes the project area look larger than it really is in reality. He indicated that he has a hard time Minutes, PC, June 16, 2005 Page 10 envisioning 40 tri-plexes, four-plexes, duplexes on this size of property. Mr. Parmely urged the PC to vote against this project. Douglas Leong, Medallion Rose Avenue, stated that all of the qualitative reasons that have been put forth far outweighs the lame excuse about accessibility as put forth by the Planning Department. He asked the PC to take the side of the financial interests of the communities of the various neighborhoods as a whole versus the financial interest of Kern Delta Land Development Corporation. Mike Lee, representing the applicant, stated that he just recently read the conditions of approval, and they are in agreement with them. This includes improving Wible Road and so a lot of the traffic issues raised will not necessarily go away, but this project will help considerably to alleviate a lot of those concerns. Mr. Lee stated that it is in the best interest to have development in there so that you can get the roads to go through, and their project will do this. Mr. Lee stated that the proposed project has 37 units, however nine of those units are not a part of the zone change, and are in the northern portion so the zone change portion would only consist of 28 units that are being proposed in the zone change area. Mr. Lee indicated that when he first looked at this project with the current zoning they were a couple of units over LMR, which is up to 10 units, and that to get the additional three units they will need a GPA and that is why they are in front of the PC today. Mr. Lee stated that he is not representing rapist, drug addicts, killers. He stated that the traffic will not go through their neighborhood because there is only access on Wible Road. He stated that single-family residences put on Wible Road might have to back out onto a major roadway, which would be dangerous. He stated with apartments they will not be backing out as there will be a two-way drive aisle. Mr. Lee gave the unit size and approximate value per unit cost is about $150,000. He stated that they are not building the apartments on Loyalton. Mr. Lee further pointed out that there is not much else you can do with this property. Mr. Lee stated that he has a letter from an adjacent property owner who is in support of the project. He further indicated that he does not know what Mr. Kedzierski's science project has to do with the current project. Mr. Lee stated that condos are not necessarily a good neighbor because what they are proposing is several individual properties with a tri-plex or four-plex on it, managed by a professional person who is going to have pride and ownership of those units. He stated that when you have a condo situation there is possibly first time ownership and they get in real cheap and either sell real cheap or move out and turn it into a rental. He further commented that you have 30 or 40 landlords who are off someplace and they don't care what happens at the condo as the condo association takes care of the maintenance. Mr. Lee suggested that those in opposition are comparing this project to some of the worst apartment complexes in town, and that they are not all that way, and that this project is not that way. Mr. Lee stated that in response to the issue raised about financial interests, the PC needs to look at what is there currently, and ask if that is what they want for the city. Mr. Lee indicated that by denying this project this is what they are going to get, and he does not believe that it is good for the city's image. Mr. Lee stated that he wishes that there was something more that he could do to assure the opposition that they are not ruining their neighborhood. Mr. Lee further stated the City ordinance requires buffering from R2 and R1 properties, and one of those buffers is a masonry wall, and he believes that it is rather moot because the project to the east already has a masonry wall, except where the drainage basin is there is a chain link fence. Mr. Lee stated that some of Mr. Funk's concerns are legitimate, and some of them are not because of the design that is there with a single story construction. He stated that the city ordinances are in place to protect the different uses, and feels it is appropriate. Public hearing is closed. Commissioner Tragish stated that the comments about housing values, etc. is redundant. Commissioner Tragish stated that he does not believe you can classify people Minutes, PC, June 16, 2005 Page 11 who live in apartments as hoodlums, however, he does believe that if you have a crime problem in an area with single-family residences, that there is going to be a crime problem with adjacent apartments, and therefore he has a problem with this argument. Commissioner Tragish stated that his concern is with the five driveways out of this project, and that if they were single-family residences you might have nine driveways. He stated that it is also possible that if it is a single- family residence area it could be designed in such a way that it would only have one or maybe two accesses. Commissioner Tragish also expressed concern with the fact that it is an arterial and is an area that is rapidly being built up, and having that many drive ways coming out onto Wible appears to be somewhat dangerous. He indicated that he doesn't recall anything in the Staff report that supports it otherwise. Commissioner Tragish stated that since it is a high concentration of units (40-50), which he thinks is a bit much for that parcel, it might not be the best location. In response to housing values in the area be depreciated, Commissioner Tragish stated that he does not know if he agrees with this argument. In response to the suggestion of condos, Commissioner Tragish stated that it might be a valid argument. Commissioner Tragish stated that he is not sure what else can be built here, and he is not sure what the best use of the property is. He commented that a PUD might be needed in this situation. Commissioner Tragish stated that a lot of his concerns have to do with the traffic and the configuration of the project. He indicated that because you can't do much with the project he sees the only options as being rejecting it or putting a PUD on it, which may restrict the types of units that are put in, etc. He indicated that there are new ordinances in place that require a certain adherence to elevations and driveways, and landscaping which this project will probably be subject to. He stated that if the PC decides to approve this that they make sure that the developer/applicant be responsible for doing the curb and street widening all the way to the north. He indicated that he does not think tonight is the night to talk about lighting as it would be discussed when it goes through site review or through the PUD. Commissioner Tkac requested clarification as to the needed zone change due to the additional three units referenced by Mr. Lee. Staff responded that with the current zoning and the portion zoned R-2 and a portion zoned R-2, they can probably 21 units on this piece of property. Staff indicated that under the current General Plan designation if it was all zoned consistent with the GP, (where the R-1 portion was R-2) they could build 28 units. As the applicant appears to be proposing 37 dwelling units, technically if the zone was changed they could put up to almost 50 units on there. Staff stated the PC may want to consider putting a unit cap as a condition of approval. Staff indicated that they definitely need the GP to get up into the densities that they are looking for. Commissioner Tkac inquired of those 21 or 28 that could currently be built, what specifically the applicant could built. Staff responded that of the 21 units, 13 could be in the form of four-plexes or tri-plexes, but could not go over 10 unites per acre, and they could be multiple story. With respect to the current R-1, the applicant could build 13 single-family homes, which could be multi-story, but with individual lot lay out. Commissioner Tkac stated that it could be disastrous to do whatever he wants to do with it, paying no mind to the rest of the community. He further inquired that if the PC changes nothing tonight and leaves it as is, and/or rejects it, how tall a fence would be required under current ordinances. Staff responded that with the way it exists now that for the R-2 portion which nobody abuts, he would have to build a 6' fence in this area because it is adjacent to R-1 zoning. In the other area where there is already a block wall, the R-1 zoning itself does not require any fencing, so if the block wall wasn't there, you could end up with a wood fence or something. Commissioner Tkac inquired about development as it begins to come down into an area, such as Rosedale where there is city/county/city/county, and the widening and narrowing of streets, if it would start to come around and potentially be a 6 lane wide road. Staff responded that you can see where the road improvements appear in front of the fire union facility, however, they would have to take the entire frontage in one project (even if they development one lot at a time) and improve it at that initial time. Minutes, PC, June 16, 2005 Page 12 Commissioner Tkac further inquired about a PUD, and if they have any jurisdiction over that this evening, to which Staff responded that the PC has full discretion whether or not to approve the GP and the zoning,just the GP with the condition for PUD for the zoning portion. Commissioner Gay responded to some of the opposition's complaints about crime and traffic when they apparently have some issue with their own people not stopping at stop signs. He stated that the issue is increasing the density in the neighborhood. Commissioner Gay stated that in looking at this issue he inquired if they just put single-family homes on Wible Road how many homes there would be, and Staff had responded that there would be about 10 lots. He stated that he believes this would be a benefit to improve Wible Road. He stated that if he was making the decision he would require single story units, ground mount air conditioners, landscape set backs against the neighbors, and no more than five driveways and not 10. Commissioner Gay stated they may even need to reduce the density. He inquired what zoning would be required for condos, to which Staff responded that you need R-2 zoning and need at least a GP density that's there now of LMR depending on the size of the units, or you might have to go with an HMR. Commissioner Gay reiterated that to have condos you would basically need the same type of zoning as is currently being proposed. He stated that with regard to a PUD he would support this as it gives the PC and the community more control and notification of what would be going in. Commissioner Gay inquired of Staff if through the PUD development the PC could require CC&R's where they had to have a comprehensive management group. Staff responded in the affirmative. Commissioner Gay stated that he would support a modification of this to go to a PUD that gives the city and community more control. Commissioner Blockley stated that he believes this project is similar in size to a project along Dove Creek/Allen Road with four-plexes, and the neighbors in the Palms vehemently opposed the project and was a tract map stage project. Staff responded that there was a project probably similar in density, but they had a little bit deeper land to work with such as they could double stack the units on either side, where the current project is more of a thin strip. Staff indicated he is not sure how much this project compares to the other. Commissioner Blockley indicated that the length along their respective arterials are about the same, and in this other case, the applicant had proposed a single street going into the development and one leaving the development through the Palms, and the argument was made at that point that because it was an arterial there shouldn't be more than that single access drive that was proposed. On this project, the applicant provides something like six access points along the arterial, which seems wildly different than previous recommendations such as in the other project. Staff responded that it is a different site and has a different shape and layout to it. Staff does not believe the illustrations presented by the developer do not seem to lend itself to the same type of lot layout that Dovewood had. Staff advised the applicant from the beginning that if they are going to have any driveway access onto Wible Rd. they are going to have to reduce the number of approaches, and part of their mitigation was to do share drive approaches to reduce the number down to five access openings. Staff would prefer none along that particular stretch of Wible Road, but they do not know how it can be developed with that since it does not connect to the neighborhood to the east. Commissioner Blockley reiterated that what staff desires is no driveway, what is allowed varies by circumstance, and that circumstance has very little to do with the arterial. Staff commented that the project on Allen Road was about five times the size of this project. The Allen Road project had actually proposed a public street going into a R-2 zone that had four-plexes in it. Commissioner Blockley stated that he is going to try to stay out of the single family versus apartment argument. He indicated that the things that he has seen for this project look vastly different than the surrounding neighborhoods, and that is troublesome to him. He indicated that the number of units is significantly higher than what is actually built in the neighborhood, and Minutes, PC, June 16, 2005 Page 13 there is significant community opposition. He further indicated that he believes that are numerous options for this piece of property, contrary to what everyone says. He thinks that the density could be higher and he is sympathetic to the city developing at higher densities. Commissioner Blockley stated that he would be willing to support the change in zone without changing the underlying land use designation. Hence, he would not support HMR, but the R-2 he will. Commissioner Lomas stated that Councilman Scribner is present. She clarified that they have to follow the GPA guidelines. She stated that it is difficult to put a multi-family site in an existing neighborhood, but it can be done successfully. She stated it has been done successfully when the applicant went to the neighborhood and had meetings, and listened to their concerns so they could be addressed before it even came before the PC. She stated that it would be in the neighborhood's best interest to have this parcel developed because it's missing a road and has traffic problems. She encouraged the parties to talk and try to work out a good compromise for this project. Commissioner Lomas indicated that this parcel is odd shaped and they have to come up with something that is useable for the applicant. She stated she does not feel that houses makes the most sense, and that probably condos or apartments makes the most sense. Commissioner Lomas inquired of Staff if this project was looked at as a condo unit what number of units could be placed there, not taking in single story into consideration. Staff responded that there could be probably about 21 units. Staff indicated that with condos he figured probably 6 to 7 units per acre, and with almost three acres it would be between 6 and 7 units per acre, which means that with 21 units with only eight single family because the density on that would be lower, but there were 13 multiple family because the density on that portion would be higher. By happenstance it ends up at about the same number. Commissioner Lomas indicated that she thinks you can probably put more condos than 21 in. She pointed out that it is viable in another use such as condos. She commented that if it was a nice condo project, she does not believe the community would be objectionable to multi-story units, which would allow the applicant to put more units on the project. Commissioner Lomas commented as to the multi-family map. She stated that she does not believe in exclusion of apartments, but there needs to be a need a and benefit. She indicated that in this case there already are apartments in the neighborhood so if individuals wanted their children to go to the school in that area there is an avenue for them to do that, and therefore does not fill the need portion for her. She stated that she believes the voice of the neighborhood should shape neighborhoods and not profit. She stated that she believes five access points to this project area is a detriment. She reiterated that she does not see need or benefit at this point, and she would support a continuance to allow the applicant to meet with the neighborhood, or she would support full denial. Commissioner Ellison inquired about Commissioner Blockley's option of having an R-2 with PUD without the GPA change. Staff responded that it could be an option. Commissioner Ellison concurs with Commissioner Lomas' theory of need and benefit, and cited Chapter 2 Land Use Element Policy No. 6. He commented that they are trying to find the best compromise and solution for this land. He suggested that the Commission focus in on a solution to the problem. Commissioner Tragish inquired if the applicant could go out and build single-family residences if the GPA and zone is denied. Staff responded that if he wants to build one unit and it's on one parcel on the R-1 portion he can build one unit per parcel without the PC's involvement. Staff indicated that if the applicant wants to create more lots than he has now, the applicant would have to come back to the PC for the subdivision. The applicant could not build 10 houses on Minutes, PC, June 16, 2005 Page 14 the one parcel. In order to divide the property the applicant would have to come back before the PC. If evidence was provided into the record that a block wall was necessary to protect the health, safety and welfare of the community or for orderly development the PC could include that in tonight's motion. The PC would not have discretion on a map to require only single story residences due to the welfare of adjoining neighbors, to which staff responded that they would not have this discretion. Commissioner Tragish stated that he thinks there are other options. Commissioner Tragish inquired of Mr. Lee if he has had any conversations with any neighbors as to their concerns. Mr. Lee responded not until this evening when the Public Hearing started. Commissioner Tragish inquired of Mr. Lee that if there was a two-week continuance if he would work towards their concerns and seeing if the project can be reconfigured so a compromise can be made. Staff indicated that they could probably do a two week continuance, but in order to get this back to the PC Staff would need an answer from the applicant by a week from Monday in order to put the package together. Mr. Lee stated that he believes it would be advantageous to work with the community because if they see the project in more detail it will alleviate a lot of their concerns. Mr. Lee stated that the difficulty will be satisfying over 200 people, and they would entertain that option. Commissioner Tragish inquired of Mr. Hughes if someone could meet with Mr. Lee. Mr. Hughes stated that if they had someone from each of the different neighborhoods they could meet with Mr. Lee. Commissioner Blockley inquired about Amber Canyon Place which ends in a cul-de-sac and appears to come close to, but not abut the property that is on the applicant, and if it is possible to extend it like is shown on a lot of subdivisions where that little strip has been reserved, and extend the cul-de-sac in and end it in a cul-de-sac with no access to Wible. Staff responded that it would be possible and there is an easement across that property where you could extend the cul-de-sac into the piece of property. Staff pointed out that as LMR and the developer within a reasonable amount of time is entitled to some zoning that would get him to that density, and if the PC does not intend to eventually approve apartments on the property the PC needs to have staff initiate a GPA to get this back to R-1. Staff indicated that the residences probably would not want the road extended if there is going to be apartments in there. Commissioner Blockley stated that he sees this project as sort of disruptive to the neighborhood in general because it has a different character, feel and appearance then the rest of the surrounding neighborhood. He stated that one way of mitigating this, while achieving the higher densities which the City wants in a variety of dwelling locations which is required by state law, is small lot subdivisions. He inquired if a small lot division is possible in an R-1. Staff responded no because that would need either a R-2 zone or PUD. Commissioner Blockley stated that the applicant is asking for HMR, which increases the density, which increases the requirement for parking, which reduces the amount of landscaping, which is the primary contributory to this looks really different then what I am living in. Commissioner Blockley stated this is the basis for his objection. He stated that he is looking to reduce the density below HMR, which is why he indicated he would support the R-2 change and not support the HMR change. He stated that he believes the Amber Canyon Place option would preserve Wible Road as a road with a block wall on it. Commissioner Ellison stated that he concurs with Commissioner Blockley and believes that the R-2 PUD without the GP change is the way to go with single story, and ground mounted AC's, because it appears to be the best option for this property. Commissioner Gay inquired if there was approval for an R-2 PUD what would happen to the GPA at that point. Staff responded they would be denying the GPA and leave it as LMR, and the Minutes, PC, June 16, 2005 Page 15 R-2 PUD would only apply to the southern part of the project, which is the part that abuts the residential and would therefore probably suit the needs. Staff commented that if this proposed motion is made that condition number 4 from Planning regarding "limited to three and four plex single story structure" that this may need to be deleted so that it does not end up limiting the PC. Commissioner Gay indicated that he believes it is not up to the PC to go back and have to talk to seven neighborhoods, but is up to the applicant to come back with something else for the PC to approve and make the tough decision. Commissioner Gay stated that he would support a motion to R-2 PUD, striking condition number 4. Commissioner Ellison inquired of Commissioner Gay about his CC&R comments, to which Commissioner Gay responded that there is the discretion for this through the PUD. Commissioner Lomas stated that Commissioner Blockley's suggestion is R-2 to LMR, but with access on Amber Canyon, and her personal biggest problem from a planning standpoint, is five access points on Wible, and would not be in the community's best interest. Therefore, she indicated that if it was put before them as R-2 PUD LMR access off Amber Canyon, then there still would have to be a continuance so that this audience has the right to understand what that means. She stated that she does not feel that they are in a position to do anything tonight except continued. She indicated she would support R-2 PUD LMR access of Amber Canyon. She would prefer to see a continuance, and that the applicant provide a contact phone number that anybody in this room could ask Staff, and ask him, and have a meeting between everybody. Commissioner Ellison stated that he would not support access through Amber Canyon as he thinks it would be a detriment through the neighborhood. Commissioner Blockley stated that he suggested access to Amber Canyon Place so that whatever is built there would actually become more of the neighborhood rather than less of the neighborhood. He stated that he envisions more of a small sublot division which would be very similar to the kind of dwellings you have now. Commissioner Blockley inquired how many units could be put on that piece of property to which staff responded 21. He stated that he believes the city will be ill served by having a bunch of driveways on a six-lane arterial with concrete block walls. He indicated that he would yield to something along that line with LMR and R-2 with or without the conditions or without the PUD, etc. Commissioner Spencer stated that as this project is currently being proposed, it is inconsistent with the area, and would be inconsistent with any use that is being proposed if it was extended into an R-2 PUD range. He stated that he would support a continuance to a time certain to allow Staff to entertain comments from the neighborhood in general. Commissioner Lomas clarified that the R-2 PUD means a small lot subdivision with access on Amber Canyon, or a condo type project with limited access on Wible and not on Amber Canyon. She would like the neighbors to have a say. Commissioner Tragish moved, seconded by Commissioner Blockley, to continue agenda item 6.3(a) and 6.3(b) for two weeks to the July 7, 2005 meeting so that in the interim the applicant and the representatives of the homeowners get together and try to address each of the concerns and bring back something different. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Gay, Lomas, Spencer, Tkac, Tragish, Ellison NOES: None Minutes, PC, June 16, 2005 Page 16 ABSENT: None 10 minute break taken. 6.2a) General Plan Amendment/Zone Change No. 04-1570 (Project Design Consultants) (Ward 1) Staff report given. Public hearing opened. No one spoke in opposition to Staff's recommendation. Dave Dmohowski with Project Design Consultants, representing Lennox Homes, stated they are in agreement with the findings and conditions of approval recommended by staff in the mitigation measures. Mr. Dmohowski commented on the requirement for a 10 acre park within the confines of the R-1 district proposed, and indicated that has met the significant reduction in his buildable area for that type of development if all 10 acres were actually required for dedication on site. He stated that they appreciate the fact that the City has to pay fair market value for the parkland with an appraisal very recent to the time of acquisition, but it significantly reduces the yield to the project. He stated that there are other conditions which have the effect of reducing density, such as the requirement for super deep lots adjacent to the industrial, as well as where they adjoin the agricultural there is a requirement for a 50 foot setback. He would like to structure the 50 ft. set back so if the parcel to the east was to urbanize before this tract reached the point of construction to sort of have a way of seeking an administrative amendment to that condition without having to come back to the PC, that would be preferable. He stated that their main concern is the park requirement and that the applicant is wiling to do their fair share on site, but thinks the 10 acres should be split over the adjoining parcels as well, as it is just a matter of time before those come before the PC. Mr. Dmohowski stated they have not seen the recommendation by the Public Work's Department. He stated that the applicant would be happy to participate in any improvements, however because of the county jurisdiction they are not sure if that condition might be within the power of Lennox Homes to implement without some cooperation by both the county and the city. Mr. Dmohowski reviewed the Public Work's Department recommendation, and stated that it is acceptable, recognizing that they don't have the ability to force condemnation of the right-of-way. Public hearing is closed. Commissioner Gay inquired about the agriculture setback being waived, to which Staff responded that they have done that where development is eminent and has been with regard to the 140' to take that reduction off the 50' setback it needs to be waived by the Board of Zoning Adjustment, but you could theoretically get rid of the 140' setback. Commissioner Gay inquired what the trigger would be, to which Staff responded that if there is a zone change application it would trigger it. The PC would have to approve it at this stage. Staff indicated that he is not aware of anything happening on the southern section of land that would warrant, at this time, wanting to drop the 140' next to the agricultural land. Mr. Dmohowski indicated that they do not have any information about potential applications on the area to the east on that southern section of land. He indicated that the configuration of the agricultural parcels to the south is such that it is starting to look like a non-viable agricultural opportunity for anyone simply because of the limited size and configuration of that parcel. Commissioner Gay further commented as to the reduction of the 10 acre park, to which Staff responded that Condition Number 15 requires a minimum 10 acre park site within the boundaries of the 67 acres, and the Parks Department has been talking to adjacent property owners in that area, and it very well may be that they end up able to share that with adjacent development. However, Parks Department indicated that they still wanted that on there. Staff indicated that if this is all Lennox Homes and they are asking for one acre lots in the northern part why they are concerned about lot yield because you could make the lots up up there. Minutes, PC, June 16, 2005 Page 17 Mr. Dmohowski clarified that the property north of Berkshire is actually not under the ownership of Lennox Homes at this time, and that the property owner there had given consent to Lennox Homes to represent them as their agent, and that area is planned and would be zoned subject to the PC's approval for one acre estates. He indicated that the condition as worded, specifically refers to the southerly 67 acres, and that is where the impact on lot yield really comes in. He stated it was his understanding that the 10 acres was not considered north of Berkshire, but entirely south in the R-1 zone. Staff had no response to these comments. Commissioner Blockley stated that he spoke with Ms. Shaw about this project and the road dedications, and still is not exactly clear. Commissioner Blockley inquired that given the various widths shown on the diagram, exactly how wide would it end up. Staff responded that Berkshire Road will be 90' wide, and generally speaking when they annex adjacent to the county the roadways in the county that have not been fully developed are generally about 30' wide. Given that, they may have to do eminent domain to actually do full width improvements on the south side of Berkshire from Union Avenue to the western boundary of the southern half. Staff stated that contrary to all her expectations, the county actually did get 45' of dedication south of the center line on Berkshire Road. Therefore, they will be able to extend their annexation boundary to the 45' road right-of-way and they would have the full road right-of-way width within City jurisdiction. However, this does not include expansion at the intersection, but at least the main roadway would all be under City's jurisdiction. Commissioner Blockley confirmed that east Berkshire Road when fully developed to City standards, would resemble the width of road shown on the west side on the diagram, to which Staff responded in the affirmative. Commissioner Gay inquired about taking out the Board of Supervisors and make it the governing body's approval of eminent domain, to which Staff responded that it will not hurt anything to leave it in there. Staff indicated that if it is in the county it will be covered, and if it's not then it's just not needed. Commissioner Gay moved, seconded by Commissioner Tkac, to adopt a Resolution making findings approving the Negative Declaration and approving General Plan Amendment 04-1570 to change the land use designation from SR to ER on 33 acres and from SR to LR on 67 acres, as shown on Exhibit "A2" attached to the Draft Resolution, incorporating the memorandum of June 14, 2005 by Marion Shaw requiring the improvement of east Berkshire Road on the south side with full width improvements, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, Gay, Lomas, Spencer, Tkac, Tragish, Ellison NOES: None ABSENT: None Commissioner Gay moved, seconded by Commissioner Tkac, to adopt a Resolution making findings approving the Negative Declaration and approving Zone Change 04-1570 from A to E, one acre minimum, recommending Staff's modification to request E zone as described below on 33 acres, and from RS to E and to R-1 on 67 acres as shown on Exhibit "A-2" attached to the Draft Resolution, incorporating the memorandum of June 14, 2005 by Marion Shaw requiring the improvement of east Berkshire Road on the south side with full width improvements, and recommend the same to City Council. Motion carried by the following roll call vote: Minutes, PC, June 16, 2005 Page 18 AYES: Commissioners: Blockley, Gay, Lomas, Spencer, Tkac, Tragish, Ellison NOES: None ABSENT: None 6.4a&b) General Plan Amendment/Zone Change No. 04-1763 (SmithTech USA, Inc.) (Ward 1) Staff report given. Public hearing is opened. No one spoke in opposition to Staff's recommendation. Bob Smith with SmithTech USA stated they are in agreement with the conditions. Public hearing closed. Commissioner Gay requested that this be pulled from consent thinking that it was tied to the previous motion in 6.2, but was mistaken. Therefore, he is in agreement with Staff's recommendation and would support it. Commissioner Tragish moved, seconded by Commissioner Gay, to adopt a Resolution making findings approving the Negative Declaration and approving a General Plan Amendment 04-1763 to change the land use designation from SR (suburban residential) to LR (low density residential) on 17 acres as shown on Exhibit "A-2" attached to the Draft Resolution, and incorporating the memorandum from Ms. Shaw to the PC of June 14, 2005, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, Gay, Lomas, Spencer, Tkac, Tragish, Ellison NOES: None ABSENT: None Commissioner Tragish moved, seconded by Commissioner Spencer, to adopt a Resolution making findings approving the Negative Declaration and approving requested Zone Change 04- 1763 from A to R-1 zone on 17 acres as shown on Exhibit "A-2", incorporating the memorandum of June 14, 2005 by Marion Shaw, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Gay, Lomas, Spencer, Tkac, Tragish, Ellison NOES: None ABSENT: None 6.5a&b) General Plan Amendment/Zone Change No. 04-1764 (SmithTech/USA, Inc.) (Ward 5) Heard on Consent Calendar. Minutes, PC, June 16, 2005 Page 19 6.6a&b) General Plan Amendment/Zone Change No. 04-1766 (SmithTech/USA, Inc.) (Ward 4) Heard on Consent Calendar. 6.7) General Plan Amendment No. 04-2005 (City of Bakersfield) (Ward 1) Heard on Consent Calendar. 6.8a,b&c) General Plan Amendment/Zone ChangeMilliamson Act Contract No. 05- 0338 (Marino Associates) (Ward 4) Staff report given. Public hearing opened. Harry Love, representing the Sierra Club, stated a letter sent on June 9th reflects the views of the club. He indicated that the choices are: 1) Negative Declaration; 2) mitigated Negative Declaration; or 3) EIR. He stated the club would like an EIR on this project due to ag land being lost and air quality issues. J. F. Whittier, trustee for a Christian church that occupies 10 acres roughly in the middle of the diagram. He stated that this property was purchased almost a year ago, and they currently have a CUP. Jim Marino, representing King Gardner Farms, the Baptist church and the third property owner, Fabian Price who lives in New Jersey. Mr. Marino stated there are 20 acres in almonds, 10 acres that the church owns, 10 acres of vacant land, and 40 acres of almonds owned by King Gardner. Mr. Marino stated that there are actually only 60 of the 80 acres that is actively being farmed. To the west of this project is the Rosedale Ranch and a commercial site about a '/ mile to the south. Mr. Marion read a letter from the Dept. of Conservation regarding the surrounding land uses. He indicated that with the rearrangement and the focus on the Northwest Center there will be a lot of traffic going out that direction. He stated that there is not another parcel under the Williamson Act within a mile of this 60 acres, with the except of the 80 acres to the south which already has tentative approval for cancellation. He stated that the current property is in the way of the path of development. King Ranch has indicated that the progression of development is pushing them out of business. In addition, due to the growth and the proposed high school being '/ mile from the south boundary. King Ranch can no longer employ good farming practices. To off set the impacts to his loss of farm land, he has gone further out and bought 2,000 acres and is remediating the land and is going to be farming it. He stated they have looked into the conservation easement when they started the process as a viable alternative to cancellation, but the problem with that mitigation is that the easement and the agreement is permanent encumbrance on the land and it does not make sense to get into an agreement forever. Minutes, PC, June 16, 2005 Page 20 Mr. Marino stated that there is a new formula for air quality, and there is not a lot of mitigation because they could get under the threshold without it. Mr. Marino stated that they are in agreement with the conditions of approval. Public hearing is closed. Commissioner Tkac recused himself on this item. Commissioner Tragish commented as to King Gardner being pushed out of business, and stated that the price of ag land has gone up and it does not become profitable to farm it when it has a higher better value to it. He stated with regard to the farming easement being forever, it is his understanding that it may be forever, but it can be changed either with the City Council or the County. He further commented that the property with King Gardner Ranch does not come in at all one time, and comes in little bits and pieces, and in the process avoid having to do an EIR. Commissioner Tragish indicated that he would like to have a committee to look at this particular situation and see if there is an ordinance that they can fashion to submit to the City Council that where you have contiguous property such as this owned by one land owner that when they bring property in there has to be an EIR, instead of taking it one piece at a time getting around the requirements and restraints when a property is brought in over a certain amount of acres. Commissioner Tragish asked Mr. Love why he believed that they did not comply with the five requirements?. Mr. Love responded that for number 1 that the cancellation of the land has not really being served as there are other choices for housing besides this property and this contract land. Mr. Love responded that it meets number 3. He responded that number four is debatable and is a contiguous issue. With respect to number 5 he stated there is no non-contracted land which is available for its proposed use, and he believes there is other land that is not under contract that could be used for housing. Mr. Love confirmed that he believes the cancellation for the land and the notice of non-renewal has not been served. Commissioner Tragish inquired about the cancellation notice not being served, to which Staff responded that this has been a non-renewal for years, and before it is sent to the PC they make sure that they know that it has already has been in non-renew. Therefore, Staff knows that the notice of non-renewal has been made. Commissioner Tragish stated that the zoning for all the adjacent properties to the west are still zoned ag, and based on that, it will result in the removal of those lands from ag use. He stated that as to elements three and four they have been met by the applicant, and element five is debatable. He stated he does not believe that he can support the cancellation of the Williamson Act as they have not fully complied. Commissioner Blockley stated that he concurs with some of Commissioner Tragish's comments. He stated that he does not agree with the comments on the conversion of prime farm land. Commissioner Blockley referred to the Definition of Farmland Trust, which definition does not include land which happens to be used for ag which is immediately adjacent to urbanized area. If there is ag land adjacent to urbanization it is by definition unsuitable for agriculture. Commissioner Blockley stated that he will not object to it on this basis. Commissioner Lomas stated that she agrees with Commissioner Blockley in that it is contiguous growth. She inquired if the June 14th letter clarification and changes need to be included in any motion, to where Staff indicated that it would need to be due to the "where as" clause. Commissioner Gay reiterated his understanding that any building by the church would require a block wall around the R-1 zoning. He stated that with respect to loss of farm land it is very Minutes, PC, June 16, 2005 Page 21 seldom that an applicant comes in and says that they are picking up another 2,000 acres and putting it into production. Commissioner Gay stated that he will support the motion. Commissioner Lomas moved, seconded by Commissioner Gay, to adopt a Resolution making findings approving the Negative Declaration and approving General Plan Amendment 05-0338 to change the land use designation from R-A to LR on 80 acres as shown in Exhibit "A-2", and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Gay, Lomas, Spencer, Tragish, Ellison NOES: None ABSENT: None ABSTAINED: Commissioner Tkac Commissioner Lomas moved, seconded by Commissioner Gay, to adopt a Resolution making findings approving the Negative Declaration and approving Zone Change 05-0338 from A to R-1 on 70 acres, and from A to R-1-CH on 10 acres as shown in Exhibit "A-2", and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Gay, Lomas, Spencer, Tragish, Ellison NOES: None ABSENT: None ABSTAINED: Commissioner Tkac Commissioner Lomas moved, seconded by Commissioner Gay, to adopt a Resolution making findings approving the Negative Declaration and approving the cancellation of the Williamson Act Land Use Contract on 60 acres, incorporating the memo of June 14, 2005 from James D. Movius, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Gay, Lomas, Spencer, Ellison NOES: Commissioner Tragish ABSENT: None ABSTAINED: Commissioner Tkac Commissioner Tragish stated that he does not believe that this application complies with the Williamson Act, and specifically as to item number 2 of the elements as set forth in the Staff report, and possibly with element number 5 as you have to draw the line somewhere, even though all the property to the west is still all ag. Minutes, PC, June 16, 2005 Page 22 6.9) General Plan Amendment No. 05-0403 (Cal-Kern Development, LLC) (Ward 3) Commissioner Ellison recused himself from this item. Staff report given. Public hearing is opened. Gordon Nipp, representing the Sierra Club, stated that their comments are included in their letter, and issues are similar to those on other projects. Susan Zimmerman, representing the property owners to the north, stated that when the family applied for a GPA from R-MP to LR to permit the residential development of their property before last fall, Sunray Petroleum, the developer's affiliate, opposed their application. Ms. Zimmerman for the record stated that earlier today Larry Roland, referred to in documentation as president of Sunray Petroleum, Inc., told her that Sunray Petroleum and Cal Kern Development, LLC are, "one and the same." She stated that at the Council meeting Sunray represented that further oil production was possible, and also later prevented the family, with a reserve study allegedly supporting their position. Ms. Zimmerman stated that tonight it appears that Sunray's stated interests in this oil field have changed drastically as they appear more interested in residential development of this oilfield, rather than oil production. She stated that they have even presented an oil reserve study this evening in the documentation which states that, "The chance of encountering commercial oil on the Muir lease property is extremely low." She commented that the Afona property and this Muir lease property are on top of the same oilfield, and are adjacent. Ms. Zimmerman commented that curiously the same geologist, Thomas Ladd, wrote both the initial report to the Afona's, and the seemingly conflicting report before you today, and they are only two months apart. Ms. Zimmerman stated that their own assessment of the property by WZI indicates that Kern Bluff Oilfield is a played out marginal oilfield. Ms. Zimmerman stated that Sunray Petroleum/Cal-Kern Development has also submitted a plan for preliminary review of the city for residential housing on this property, and the plan shows no reserve for drill island, and no oil production reserve areas, and therefore would not allow for any future oil production areas. Ms. Zimmerman stated that they have tried in good faith to have Sunray properly abandon their idle wells on the Afona property according to DOGGER Guidelines. She indicated that there are over 23 wells on the adjacent Afona property, but Sunray has resisted, and even told them they wanted to drill 15 more oil wells on the property. She indicated that she has copies of this in her possession which she will share with the PC. Ms. Zimmerman indicated that historically the Muir lease before the PC now has produced much more oil than the Afona lease which Sunray opposed. Ms. Zimmerman stated that they would like to ask for a disapproval of this project, or that they condition approval such that Cal-Kern Development, LLC/Sunray Petroleum, Inc. needs to negotiate with Afona in good faith and reach agreement with them prior to development of their property so that their ability to develop does not occur before their ability to develop. She stated that this condition would remove any vestage of what might otherwise appear to be unfair business practices, and so that there is no conflict between Cal-Kern's rights to surface development, and the Afona's rights to surface development. Mark Davis, manager of Cal-Kern, clarified that Cal-Kern Development has no relationship whatsoever with Sunray Petroleum. He indicated that Cal-Kern Development bought this lease from Sunray and they still owe them money, and that is the nexus between the two companies. He indicated that Ms. Zimmerman indicated earlier out in the halls that she would drop Afona's opposition if Sunray would abandon the wells on the Afona property, and he indicated that he had no ability to speak for Sunray. Mike Philips, representing the applicant, stated that they have reviewed all of the conditions of approval, and the applicant has agreed to all of the conditions. Mr. Philips stated that the GPA application was submitted March 16th and was determined complete March 30th, and the new URBEMIS version came out in mid April and there is no way they could have redone the application using the new model, but will be done as a condition of approval in subsequent Minutes, PC, June 16, 2005 Page 23 phases of the project. Tom Ladd, professional geologist, stated that he has been in the oil business for 30 years, and consulting for 25 years. Mr. Ladd indicated that he did do the evaluations on both properties, and the Afona lease was given to him by Sunray, and their goal was different then the Muir. He stated that Afona's goal was to find the upper limit of potential oil on the lease, and that is the numbers he provided to them. He stated, in contrast, the Muir goal was to determine any remaining reserves on the property. He stated that he does not see any conflict with the two different evaluations. Mr. Ladd indicated that there were two separate contracts for the surveys and he was paid by two separate companies. He stated that they found that a large amount of oil had been produced from the Muir lease comparing it to the Afona lease. He stated that the Afona lease is structurally more favorable in the upper side than the Muir lease, and further indicated that the Muir lease had been steamed, which is an enhancement process for oil recover, which the Afona lease did not have. The public hearing is closed. Commissioner Tragish stated that it is his understanding that when it comes to a GP the PC has a lot of discretion in voting approval or disapproval. He stated that he is confused in that he does not know if there's been bad faith or not. Commissioner Tragish stated that he has a problem with this based on the comments made. He stated that he does not want to support at this time and would like to have a continuance. He indicated that he would like to see a copy of the lease from last year. Commissioner Gay inquired about Ms. Zimmerman's denial comments, and if they do not have the LR designation, to which staff responded in the affirmative. Staff responded that Ms. Zimmerman is talking about the issue of having wells where evidently the interest holder is not negotiating in good faith to abandon the wells so they can proceed with development of the property and they are now LR designation. Staff indicated that they are not comfortable with tying approval of this project to the Afona project. Staff suggested that if something is going on between these two different property owners and the inter-relationships of the mineral right owners, it should be handled outside of this room, and the evidence presented before the PC indicates that they can approve this project without encumbering them to do anything on the project to the north. Commissioner Gay commented that he does not like the allegations, but stated that they are also last second allegations. He stated that it is not their job to figure it out. Commissioner Gay inquired about the circulation element and if Panorama will continue eastbound through the commercial and through this property, to which Staff responded in the affirmative. Commissioner Tragish moved, seconded by Commissioner Gay, to adopt a Resolution making findings approving the Negative Declaration and approving General Plan Amendment 05-0403 to change the land use designation from R-MP to LR on 58 acres as shown in Exhibit "A-2" attached to the Draft Resolution, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, Gay, Lomas, Spencer, Tkac, Tragish. NOES: None. ABSENT: None ABSTAINED: Commissioner Ellison Minutes, PC, June 16, 2005 Page 24 6.10a&b) General Plan Amendment/Zone Change No. 05-0535 (The Keith Companies) (Ward 3) Staff report given. The public hearing is opened. Patty Kusak, a resident, stated her home is on Stone Canyon, and is more closely related to the southern portion of the project. She stated she mildly opposes changing the designation of the more northern property from open space park to residential. She stated they have no parks in the area. She stated that in the last 5-7 years the demographics have changed and many developments are coming in the area, and she asked that it not yet be converted until a good analysis of a possible fee is recommended for a park district. She stated that if it is converted they will not get the chance to vote on it. She further requested that she would like to see where and how other parks have come in. A.J. Whitiker, with the Keith Companies, stated that he does not know if an additional poll of the surrounding neighbors, in addition to a notice that went out for this hearing, would result in anything different than the previous decisions not to pay for the maintenance of such a facility. He stated that it is not a good location for a park. He stated that it's a very narrow site already, and a 12 acre park site in the middle of it would severely limit development of this site. He stated that they are providing a fully developed 2 acre staging area at the northwest corner of the site that will provide direct access to the city's trail system. The public hearing is closed. Commissioner Lomas stated that on Monday the PC received a full presentation. Staff gave a synopsis. Commissioner Gay stated that he would support a motion. Commissioner Lomas moved, seconded by Commissioner Tkac, to adopt a Resolution making findings approving the Negative Declaration and approving General Plan Amendment 05-0535 to change the land use designation from OS-P to LR on 11.58 acres, and from HR to LR on 12 acres as shown in Exhibit "A-2", incorporating the Public Work's memo dated June 10, 2005, and the Planning Director's memo dated June 13, 2005, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Gay, Lomas, Spencer, Tkac, Tragish, Ellison NOES: None ABSENT: None Commissioner Lomas moved, seconded by Commissioner Tkac, to adopt a Resolution making findings approving the Negative Declaration and approving Zone Change 05-0535 from R-3 to R-3- MH to R-1 on 12 acres as shown in Exhibit "A2", incorporating the Public Work's memo dated June 10, 2005, and the Planning Director's memo dated June 13, 2005, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, Gay, Lomas, Spencer, Tkac, Tragish, Ellison NOES: None ABSENT: None Minutes, PC, June 16, 2005 Page 25 7. COMMUNICATIONS: None. 8. COMMISSION COMMENTS: Commissioner Gay inquired about item number 3 (6.3(a) and (b)) and keeping the special study, to which Staff responded that they keep the technical studies and turn the binders back complete. Commissioner Lomas inquired if at the next meeting they could make sure the air conditioner stays on 10. ADJOURNMEMT: There being no further business to come before the Commission, the meeting was adjourned at 11:21 p.m. Pam Townsend, Recording Secretary JAMES D. MOVIUS, Secretary Planning Director August 9, 2005