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HomeMy WebLinkAbout11/16/05 CC MINUTES SPECIAL 169 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 16,2005 SPECIAL MEETING Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting 5:15 and 6:30 p.m. ACTION TAKEN SPECIAL MEETING - 5:15 p.m. 1. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Maggard, Councilrnernbers Carson, Benham, Couch, Hanson, Sullivan, Scrivner None. 2. PUBLIC STATEMENTS a. Will Winn spoke regarding the cost of growth and development. 3. CONSENT CALENDAR HEARINGS a. General Plan Amendment/Zone Change 05-0412; South Enterprise Zone has applied for a general plan arnendment and zone change on 22.6 acres located at the northwest corner of Pacheco Road and Cottonwood Road 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from HI (Heavy Industrial) to LMR (Low Medium Density Residential) on 17.1 acres and from P (Public Facilities) to LMR on 5.5 acres. RES 255-05 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-17 from M-3 (Heavy Industrial) to R-2 (Limited Multiple Family Dwelling) zone on 22.6 acres. FR 170 Bakersfield, California, November 16, 2005 - Page 2 3. CONSENT CALENDAR HEARINGS ACTION TAKEN b. General Plan Amendment/Zone Change 05-0414; Alfredo Hernandez has applied for a general plan amendment and zone change on 40 acres located on the east side of Cottonwood Road, between East White Lane and Brook Street. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LI (Light Industrial) to LMR (Low Medium Density Residential) on 9 acres and from HI (Heavy Industrial) to LMR on 31 acres. RES 256-05 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-16 from M-1 (Light Manufacturing) to R-2 (Limited Multiple Family Dwelling Zone) on 9 acres and from M-3 (Heavy Industrial) to R-2 on 31 acres. FR c. General Plan Amendment/Zone Change 05- 0417;Marino/ Associates, representing Magdaleno Duenas Barajas and Luisa Duenas, property owners, has applied for a general plan amendment and zone change on 40 acres located on the north side of future East White Lane, 1,320 feet east of Cottonwood Road. 1. Resolution approving the Negative Declaration and adopting the general plan arnendment changing the land use designation from LI (Light Industrial) to LR (Low Density Residential) on 2 acres, frorn HI (Heavy Industrial) to LR on 33 acres, and from P (Public Facilities) to LR on 5 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-16 from M-1 (Light Manufacturing) to R-1 (One Family Dwelling Zone) on 2 acres and frorn M-3 (Heavy Industrial) to R-1 on 38 acres. FR RES 257-05 2. Bakersfield, California, Novernber 16, 2005 - Page 3 171 3. CONSENT CALENDAR HEARINGS continued ACTION TAKEN d. General Plan Amendment/Zone Change 05-0942; Mcintosh and Associates, representing Lester D. Baroncini, Trustee of the Irene Baroncini Trust, property owner, has applied for a general plan amendment on 80 acres, located at the northeast corner of McCutchen Road and Buena Vista Road. REMOVED FOR SEPARATE CONSIDERA TION 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on 80 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-30 from A (Agriculture) to R-1 (One Family Dwelling) zone on 80 acres. e. General Plan Amendment/Zone Change 04-0420; SmithTech/USA Inc., representing Elizabeth H. Pinnell, property owner, has applied for a general plan amendment on one acre, located north of Snow Road, generally east of Calloway Drive. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on one acre. RES 258-05 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 134-05 from A (Agriculture) to R-1 (One Family Dwelling) zone on one acre. FR 172 3. Bakersfield, California, Novernber 16, 2005 - Page 4 CONSENT CALENDAR HEARINGS continued ACTION TAKEN f. REMOVED FOR SEPARATE CONSIDERA TION General Plan Arnendment/Zone Change 05-0476; The Lusich Cornpany, Inc., representing LENNAR, MacLeu, LLC and David P. Antongiovanni Family Trust, property owners, has applied for a general plan amendment, zone change, and cancellation of a Williamson Act land use contract on 76 acres located on the west side of Old River Road, north side of Berkshire Road (future), and east side of Mountain Vista Drive (future), approximately 1,400 feet south of Panama Lane. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 76 acres. 2. First Reading of Ordinance approving the Negative Declaration and arnending Title 17 of the Municipal Code and Zoning Map No. 123-30 from County A (Agriculture) to R-1 (One Family Dwelling Zone) on 76 acres. 3. Resolution approving the Negative Declaration and approving the cancellation of a Williamson Act land use contract on 76 acres. g. General Plan Arnendment/Zone Change 05-0743; Marino Associates, representing Del Ray Development LLC, property owner, has applied for a general plan amendment on 86.37 acres, located north of Taft Highway, generally east of Buena Vista Road. 1. Resolution approving the Negative Declaration, adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 86.37 acres. REMOVED FOR SEPARATE CONSIDERA TION 2. First Reading of Ordinance approving the Negative Declaration and arnending Title 17 of the Municipal Code and Zoning Map No. 123-31 from A (Agriculture) to R-1 (One Farnily Dwelling) zone on 86.37 acres. 173 Bakersfield, California, November 16, 2005 - Page 5 ACTION TAKEN 3. CONSENT CALENDAR HEARINGS continued RES 259-05 h. General Plan Amendment 05-0976; City of Bakersfield has proposed an arnendrnent to the Circulation Elernent of the Metropolitan Bakersfield General Plan and a Specific Plan Line for Panorama Drive from Morning Drive to Vineland Road. i. General Plan Amendment/Zone Change 04-1765; Smith Tech/USA Inc., representing Thomas Mitchell Ashe, property owner, has applied for a general plan arnendrnent on approximately 43 acres, located south of McCutchen Road, east of Ashe Road. 1. Resolution approving the Negative Declaration, adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to GC (General Commercial) on 28 acres and LI (Light I ndustrial) on 15 acres. RES 260-05 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 126-05 from A (Agriculture) to C-1/ PCD (Neighborhood Commercial/Planned Commercial Development) on 28 acres and M-1 (Light Manufacturing) on 15 acres. FR j. General Plan Amendment/Zone Change No. 04- 1012; Global Investment & Development, LLC, c/o Aaron Rivani, has proposed a general plan amendment with a concurrent zone change for property located north and south of McCutchen Road, east and west of Progress Road. 1. Resolution making findings approving and certifying Final Environmental Impact Report (EIR) for GPAlZC No. 04- 1012/ Annexation No. 468 (McCutchen 110). Resolution approving a general plan element amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 110 acres and circulation element arnendment to eliminate the collector designation of Progress Road south of McCutchen Road. RES 261-05 2. RES 262-05 174 Bakersfield, California, November 16, 2005 - Page 6 3. CONSENT CALENDAR HEARINGS continued Item 3.j. continued ACTION TAKEN 3. First Reading of Ordinance amending Title 17 of the Municipal Code and changing Zoning Map Nos. 123-29 and 123-32 from A (Agriculture) to R-1 (One Family Dwelling) on 110 acres. FR Assistant City Clerk Gafford announced correspondence was received from the Department of Conservation offering comments and recommendations with respect to impacts on agricultural land and resources pertaining to items 3.d., 3.1. and 3.g.; correction on item 3.e. changing Calloway Dr. to east of Verdugo Ln. and correspondence received from staff concerning item 3.j. Gordon Nipp requested items 3.d., 3.f. and 3.g. be removed. Hearings opened at 5:24 p.m. No one spoke. Hearings closed at 5:25 p.m. Motion by Vice-Mayor Maggard to approve Consent Calendar Hearings 3.a. through 3. j. with the removal of items 3.d., 3.f. and 3.g. for separate consideration. APPROVED 4. HEARINGS a. General Plan Amendment/Zone Change 05-0943; Mcintosh & Associates for Centex Homes, Inc., representing the Frazier Trust et ai, property owners, has applied for a general plan amendment and zone change on 80 acres located at the southeast corner of South Allen Road (future) and Pensinger Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 80 acres. RES 263-05 175 Bakersfield, California, November 16, 2005 - Page 7 ACTION TAKEN 4. HEARINGS continued Item 4.a. continued 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 122-24 from A-20A (Agricultural 20- Acre Minimum Lot Size) to R-1 (One Family Dwelling) on 80 acres. FR Assistant City Clerk Gafford announced correspondence was received from the Departrnent of Conservation offering comments and recommendations with respect to impacts on agricultural land and resources. Development Services Director Grady made staff comments. Hearing opened at 5:29 p.rn. Gordon Nipp, Babak Naficy, Esq., and Arthur Unger, on behalf of the Sierra Club, and Larkin Ray spoke in opposition to the staff recommendation. Darcy Larman with Mcintosh and Associates spoke in favor of the staff recommendation. Motion by Councilmember Hanson to close the hearing at 5:49 p.m. APPROVED Motion by Councilmember Hanson to adopt the Resolution approving the Negative Declaration, approve the proposed General Plan Amendment and give first reading to the Ordinance. APPROVED b. General Plan Amendment/Zone Change 03-1528; PB Ventures LLC, property owner, has applied for a general plan amendment and zone change on 1,833 acres and cancellation of a Williamson Act land use contract on 316.5 acres within the project area generally bounded by Panama Lane to the north, Old River Road to the east, South Allen Road (unimproved) to the west, and Taft Highway (State Route 119) to the south. A nurnber of outparcels under separate ownership within the above- described boundary are not part of the proposal. Annexation of the project area into the City is proposed. 17f> Bakersfield, California, November 16, 2005 - Page 8 4. HEARINGS continued ACTION TAKEN Item 4.b. continued RES 264-05 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPA/ZC No. 03- 1528/Annexation No. 498, known as the Old River Ranch Project. 2. Resolution adopting the general plan RES 265-04 amendment changing the land use designation from R-1 A (Resource - Intensive Agriculture) to LR (Low Density Residential) on 1310.08 acres, to HMR (High-Mediurn Density Residential) on 86.31 acres, to GC (General Commercial) on 86.36 acres; and from R-MP (Resource-Mineral and Petroleum) to LR on 320.22 acres, to HMR on 23.22 acres, and to GC on 6.77 acres. 3. First Reading of Ordinance amending Title FR 17 of the Municipal Code by prezoning the project area to R-1/PUD (One Family Dwelling/Planned Unit Development) on 1,630.34 acres, to R-2/PUD (Limited Multiple-Family Dwelling/Planned Unit Developrnent) on 109.53 acres, to C-1 (Neighborhood Commercial) on 9.66 acres, to C-2 (Regional Commercial) on 22.09 acres, and to C-2/PCD (Regional Commercial/Planned Commercial Development) on 61.38 acres; and approving a Development Agreement. 4. Resolution approving cancellation of RES 266-05 Williamson Act land use contract on 316.5 acres. Assistant City Clerk Gafford announced correspondence was received from Babak Naficy regarding this item. Staff comments by Development Services Director Grady. Additionally City Manager Tandy made comments pertaining to items 4.b. and 4.c. Hearing opened at hearing opened at 6:05 p.m. Bakersfield, California, November 16, 2005 - Page 9 177 4. HEARINGS continued Item 4.b. continued ACTION TAKEN Babak Naficy, Esq., on behalf of the Sierra Club spoke in opposition to the staff recomrnendation and subrnitted written material. Additionally Gordon Nipp and Arthur Unger, on behalf of the Sierra Club, spoke in opposition to the staff recommendation. Dave Dmohowski, Project Design Consultants, spoke and rnade a presentation in support of the staff recornmendation. Additionally Mike and Greg Petrini, applicants for the Old River Ranch Project, and Don Putnarn, RBF Consultants, spoke in favor of the staff recornmendation. Gordon Nipp, on behalf of the Sierra Club, spoke in rebuttal opposition to the staff recommendation. Dave Drnohowski, Project Design Consultants, introduced Kenneth Blye from the law firm of Cox, Castle and Nicholson, who spoke in rebuttal support of the staff recomrnendation. For the record Development Services Director Grady identified the three pieces of correspondence submitted by Mr. Naficy as the letter identifying concerns regarding agricu/tura/land conversion, air quality and traffic. Mr. Grady additionally stated staff believes the E/R adequately responds to the agricultural land air quality concerns, that Mr. Schuler would respond to the trip generation issue and staff has reviewed the court case and because it is not a published opinion City Attorney believes it is not applicable to this particular case. Mr. Grady also provided information regarding the State's policy with respect to agricultural/and conversion: 178 Bakersfield, California, November 16, 2005 - Page 10 4. HEARINGS continued Item 4.b. continued ACTION TAKEN "One of the stated purposes, especially in relationship to formation Sphere of Influence Boundaries, which is ultimately intended for the development within those boundaries, is to encourage orderly growth and development which are essential to the social, fiscal and economic well being of the State." It also states in there that "the policy should be affected by logical formation and modification of boundaries of local agencies with a preference granted to accommodating additional growth." There were some references made to the action that we are taking tonight as creating the momentum that is far from the truth. We are experiencing a growth in the population of around fourteen thousand people a year; we are consuming about three square miles and growing at the rate of about twenty-five hundred people per square mile. We are looking at a need that will have to be met through the provision of land for growth of about four hundred and thirty thousand people in thirty years. So we have to take the steps necessary to provide for that growth and we see these projects that are before you tonight as being responses to the demand that is being placed on Bakersfield because it is a desirable place to live and the demand placed on us to accommodate that growth. With that I would like to ask Mr. Schuler to come up and respond to the traffic letter that we received. Thank you. For the record John Schuler, Ruettgers and Schuler Engineers Civil Engineers, responded to the trip generation issue: 179 Bakersfield, California, November 16, 2005 - Page 11 4. HEARINGS continued Item 4.b. continued ACTION TAKEN Mayor Hall, Councilmembers, my name is John Schuler with Ruettgers and Schuler Civil Engineers. Can we turn this on here? How do we turn this thing on? What I've got up there is Mr. Nipp's, the correspondence provided, by, for Mr. Nipp shows the chart out of the ITE book. And there's a couple of things that we did in, in determining the trip generation for this project. As you know most projects forty, eighty, acres we don't do a lot of projects trip generation and distributional projects that are this large. So we had to sit back and think, what is it, that we're going to use for this project, how many trips does it generate? So you can see, the project itself is off of the chart for, this goes up to three thousand homes but, so, so the actual data in the ITE rate is beyond, or the project is actually beyond that. So what we did is we looked at the KERNcog model and we said what does the model do with this project. And so, on a regional basis if you throw in all these houses, and all these, this commercial units what does the model generate and how does it spit this traffic out onto the streets system. And that was the number, we were trying to stay consistent but the KERNcog model is used for the fee program that was developed by the City, it's used by the City in developing policies on transportation and looking at new projects and what is needed and the model is used for air quality and conformance so we wanted to be consistent with that. So what we did, was we, in running the model the model generated, I think it was around sixty-seven thousand or sixty-eight thousand trips. And the other thing that we have in this project, is you have what's called internal capture. How do these trips inter-relate, you know it's a lot of trips are from the houses to the schools, from the houses to the commercial, not all those projects go out, so we didn't want to generate all the traffic and send it out the street system all going downtown. A lot of them will be local. So, so in that there's two things that we did. The, the, the, difference that Mr. Nipp talks about in terms of trip rate, there's an average number here of 9.57, that's this line here, this, this dotted line. The solid line is actually the equation which is down on the bottom and that's what we used as projects get larger they tend to generate less trips per house as an average. 180 Bakersfield, California, November 16, 2005 - Page 12 ACTION TAKEN 4. HEARINGS continued And so that was, that's where that difference comes from as far as trip generation. But that really isn't the bottom line, the bottom line of the number that we used was the KERNcog model and we went through this with the City traffic department with Steve Walker and got their concurrence in this process and that's what we went with. Does that answer the question or do you guys have any? Public Works Director Rojas rnade comrnents. Motion by Councilmember Hanson to close the hearing at 6:55 p.m., adopt the Resolution certifying the Final EIR, adopt the Resolution approving the proposed General Plan Amendment, adopt the Resolution approving proposed cancellation of Williamson Act land use contract and give first reading to the Ordinance approving proposed prezoning and Development Agreements. APPROVED Recess taken from 7:00 p.m. to 7:35 p.m. c. General Plan AmendmenVZone Change No. 04- 0671; Project Design Consultants, representing Rosedale Ranch, property owner, has proposed a general plan amendment and zone change on 1,655 acres bounded by J'h Standard Road to the north, Jenkins Road to the east, the Burlington Northern Santa Fe (BNSF) Railroad to the west and Kratzmeyer Road/Olive Drive to the south. Annexation into the City is proposed. A Developrnent Agreement is also proposed. 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPNZC No. 04- 0671/Annexation No. 499, known as the Rosedale Ranch Project. RES 267-05 181 . Bakersfield, California, November 16, 2005 - Page 13 ACTION TAKEN 4. HEARINGS continued Item 4.c. continued 2. Resolution approving a general plan amendment to change the land use designation from LMR (Low Medium Density Residential); LI (Light Industrial); and SI (Service Industrial) to LR (Low Density Residential); LMR (Low Medium Density Residential); HMR (High Medium Density Residential); GC (General Commercial); MUC (Mixed Use Cornmercial); and LI (Light Industrial) on 1,655 acres; and approving a general plan amendment to change the Circulation Element alignrnent of the future West Beltway through the project boundaries, and the realignment of Kratzmeyer Road/Olive Drive to the south of the site to create a new interchange with the West Beltway. First Reading of Ordinance amending Title 17 of the Municipal Code by prezoning to R-1 (One-Farnily Dwelling); R-1/PUD (One- Farnily Dwelling/Planned Unit Development); R-2 (Lirnited Multiple-Family Dwelling); R-2/PUD (Lirnited Multiple- Family Dwelling/Planned Unit Development); C-1 (Neighborhood Comrnercial); C-2 (Regional Comrnercial); C-2/PCD (Regional Commercial/Planned Commercial Developrnent); and M-1 (Light Manufacturing) on 1,655 acres; and approving a Development Agreement. RES 268-05 3. FR Assistant City Clerk Gafford announced correspondence was received from Carneros Energy, Inc. and Nossaman, Guthner, Knox and Elliott, LLP regarding this item. Development Service Director Grady provided a presentation and made comments. City Manager Tandy made additional staff comments. Hearing opened at 7:42 p.m. Babak Naficy and Gordon Nipp on, on behalf of the Sierra Club, spoke in opposition to the staff recommendation. 182 Bakersfield, California, November 16, 2005 - Page 14 4. HEARINGS continued Item 4.c. continued ACTION TAKEN Tom Fallgatter, Klein, DeNatalie and Goldner, spoke on behalf of Occidental Resources of California in opposition to the staff recomrnendation and provided rnaps and written material. Motion by Councilmember Couch to extend the time allotted each side by fifteen minutes. APPROVED Tom Gellanardo, Associate Engineer with the Division of Oil and Gas, spoke in opposition to the staff recommendation. Dave Dmohowski, Project Design Consultants, Keith Gardner, property owner, John McKenna, Forma Design, and Greg Sanders, Esq., on behalf of Rosedale Ranch spoke in favor of the staff recommendation. Additionally, Mr. Green on behalf of Grimway Farms, presented maps and spoke in favor of the project. Bob Stupp, Carnaros Energy, Dan Shemanski, Occidental Oil and Gas, Kimberly Niemeyer, Law Firm of Downey, Brand on behalf of Occidental Oil and Gas, spoke and submitted written material and Tom Fallgatter spoke in opposition rebuttal to the staff recommendation. Babak Naficy subrnitted written material to the clerk. Greg Sanders, attorney for Rosedale Ranch, spoke in rebuttal favor of the staff recomrnendation. Motion by Councilmember Couch to close the hearing and recess at 9:10 p.m. APPROVED The meeting reconvened at 9:20 p.rn. Development Services Director Grady made comments APPROVED Motion by Councilmember Couch to adopt the Resolution certifying the Final EIR, adopt the Resolution approving the proposed general plan amendment and give first reading to the Ordinance approving proposed prezoning and Development Agreement. le~3 Bakersfield, California, November 16, 2005 - Page 15 4. HEARINGS continued Item 4.d. continued ACTION TAKEN d. General Plan Amendment/Zone Change 05-0942; Mcintosh and Associates, representing Lester D. Baroncini, Trustee of the Irene Baroncini Trust, property owner, has applied for a general plan amendrnent on 80 acres, located at the northeast corner of McCutchen Road and Buena Vista Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource -Intensive Agriculture) to LR (Low Density Residential) on 80 acres. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-30 from A (Agriculture) to R-1 (One Family Dwelling) zone on 80 acres. RES 269-05 2. FR Assistant City Clerk Gafford announced correspondence was received from the Department of Conservation offering comments and recommendations with respect to impacts on agricultural land and resources. Staff comments by Development Services Director Grady. Hearing opened at 9:55 p.m. Gordon Nipp and Arthur Unger, on behalf of the Sierra Club, spoke in opposition to the staff recornrnendation. Darcy Larrnan, Mcintosh & Associates, on behalf of the applicant, spoke in support of the staff recommendation. Councilmember Hanson requested staff provide information regarding Mr. Unger's suggestion that the City charge agricultural development mitigation fees. Motion by Councilmember Couch to close the hearing at 10:05 p.m. adopt the Resolution approving the Negative Declaration, approving the general plan amendment and give first reading to the Ordinance. APPROVED AB BENHAM 184 . Bakersfield, California, November 16, 2005 - Page 16 4. HEARINGS continued ACTION TAKEN e. General Plan Amendment/Zone Change 05-0476; The Lusich Company, Inc., representing LENNAR, MacLeu, LLC and David P. Antongiovanni Farnily Trust, property owners, has applied for a general plan amendment, zone change, and cancellation of a Williamson Act land use contract on 76 acres located on the west side of Old River Road, north side of Berkshire Road (future), and east side of Mountain Vista Drive (future), approximately 1,400 feet south of Panama Lane. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 76 acres. RES 270-{}5 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-30 from County A (Agriculture) to R-1 (One Family Dwelling Zone) on 76 acres. FR 3. Resolution approving the Negative Declaration and approving the cancellation of a Williamson Act land use contract on 76 acres. RES 271-{}5 Assistant City Clerk Gafford announced correspondence was received from the Department of Conservation offering comments and recommendations with respect to impacts on agricultural land and resources. Development Services Director Grady made staff comments. Hearing opened at 10:09 p.m. Gordon Nipp and Arthur Unger, on behalf of the Sierra Club, spoke in opposition to the staff recommendation. Robert Luisch and Mary Jane Wilson on behalf of the property owners, spoke in support of the staff recommendation and submitted written correspondence. 185 Bakersfield, California, November 16, 2005 - Page 17 4. HEARINGS continued Item 4.e. continued ACTION TAKEN Gordon Nipp and Arthur Unger, on behalf of the Sierra Club, spoke in opposition rebuttal to the staff recommendation. Mary Jane Wilson and Robert Luisch spoke in rebuttal favor of the staff recommendation. Councilmernber Hanson requested staff provide information regarding construction equipment that does not meet emission standards being irnported for utilization in this area. Motion by Councilmember Hanson to close the hearing at 10:42 p.m., adopt the Resolution approving the Negative Declaration, approve the proposed general plan amendment, approve the proposed cancellation of a Williamson Act land use contract and give first reading to the Ordinance. APPROVED AB BENHAM f. General Plan AmendmenVZone Change 05-0743; Marino Associates, representing Del Ray Development LLC, property owner, has applied for a general plan amendment on 86.37 acres, located north of Taft Highway, generally east of Buena Vista Road. 1. Resolution approving the Negative Declaration, adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 86.37 acres. RES 272-05 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-31 from A (Agriculture) to R-1 (One Family Dwelling) zone on 86.37 acres. Assistant City Clerk Gafford announced correspondence was received from the Department of Conservation offering comments and recornrnendations with respect to irnpacts on agricultural land and resources. FR Staff comments by Development Services Director Grady. Hearing opened at 10:45 p.m. 186 Bakersfield, California, November 16, 2005 - Page 18 4. HEARINGS continued Item 4.f. continued ACTION TAKEN Gordon Nipp, on behalf of the Sierra Club spoke in opposition to the staff recommendation; additionally Bridget Luther Thompson, Director of the Department of Conservation, submitted written material and spoke in opposition to the staff recornrnendation. Jim Marino, on behalf of Del Ray Developrnent, property owner, spoke in support of the staff recommendation. Bridget Luther Thompson offered to answer any questions. Gordon Nipp, on behalf of the Sierra Club, spoke in rebuttal opposition to the staff recommendation. Jim Marino spoke in rebuttal favor of the staff recommendation. Vice-Mayor Maggard requested staff meet with Bridget Luther- Thompson and provide copies of the City's land use code. Motion by Councilmember Hanson to close the meeting at 11:24 p.m., adoption of the Resolution approving the Negative Declaration, approving the general plan amendment and give first reading to the Ordinance. APPROVED AB BENHAM 5. ADJOURNMENT MAY ATTEST: flssb . CITY CLERK and E the Council of the C