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