Loading...
HomeMy WebLinkAboutDec 15, 2005 PLANNING COMMISSION MINUTES 1- 1, 0' ` Regular Meeting - December 15, 2005 — 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Lomas, Tragish, Blockley, Johnson, McGinnis, Spencer, Tkac Absent: None Advisory Members: Robert Sherfy, James D. Movius, Marian Shaw, Phil Burns Staff: Marc Gauthier, Jennie Eng, Pam Townsend 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS: Mark Garza stated that he would like to speak on 4.2e and 4.2f. 4. CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.1a Approval of minutes for Planning Commission meeting of October 20, 2005. Motion made by Commissioner Spencer, seconded by Commissioner Blockley, to approve the non-public hearing portion of the Consent Calendar. Motion carried by group vote. 4.2 Public Hearing Items 4.2a Approval of General Plan Amendment 05-0931 (SmithTech USA Inc.) located north of Snow Road, south of Etchart Road, generally west of Coffee Road. (Negative Declaration on file) (Agenda Item 6.5a) To change the land use designations from SR (Suburban Residential) to LR (Low Density Residential) on 80 acres. (Ward 4 upon annexation) 4.2b Approval of Zone Change 05-0931 (SmithTech USA Inc.) located north of Snow Road, south of Etchart Road, generally west of Coffee Road. (Negative Declaration on file) (Agenda Item 6.5b) To change the zone from A (Agriculture)to R-1 (One Family Dwelling) zone on 80 acres. (Ward 4 upon annexation) 4.2c Approval of General Plan Amendment 05-0933 (SmithTech/USA, Inc.) located north of McCutchen Road and east of Gosford Road. (Negative Declaration on file) (Agenda Item 6.6a) To change the land use designation from R-IA (Resource Intensive Agriculture) to LI (Light Industrial) on 6.64 acres and from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 52.56 acres. (Ward 6) Planning Commission — Thursday, December 15, 2005 Page 2 4.2d Approval of Zone Change 05-0933 ( SmithTech/USA, Inc.) located north of McCutchen Road and east of Gosford Road. (Negative Declaration on file) (Agenda Item 6.6b) To change the zone from A (Agriculture) to R-1 (One Family Dwelling) on approximately 52.56 acres and M-1 (Light Industrial) on 6.64 acres. (Ward 6) 4.2e Approval of General Plan Amendment 05-0936 (SmithTech/USA, Inc.) located at the southeast corner of Etchart Road (future) and Jewetta Avenue (future). (Negative Declaration on file) (Agenda Item 6.7a) To change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 19.3 acres. (Ward 4 upon annexation) 4.2f Approval of Zone Change 05-0936 (SmithTech/USA, Inc.) located at the southeast corner of Etchart Road (future) and Jewetta Avenue (future). (Negative Declaration on file) (Agenda Item 6.7b) To change the zone from A (Agriculture)to R-1 (One Family Dwelling) on 19.3 acres. (Ward 4 upon annexation) 4.2g Approval of General Plan Amendment 05-0937(SmithTech/USA, Inc.) located on the east side of Jewetta Avenue (future), approximately 660 feet south of Etchart Drive (future). (Negative Declaration on file) (Agenda Item 6.8a) To change the land use designations from SR (Suburban Residential) and R-IA (Resource- Intensive Agriculture)to LR (Low Density Residential) on 18.67 acres. (Ward 4 upon annexation) 4.2h Approval of Zone Change 05-0937 (SmithTech/USA, Inc.) located on the east side of Jewetta Avenue (future), approximately 660 feet south of Etchart Drive (future). (Negative Declaration on file) (Agenda Item 6.8b) To change the zone from A (Agriculture) to R-1 (One Family Dwelling) on 18.67 acres. (Ward 4 upon annexation) 4.2i Approval of General Plan Amendment 05-0938 (SmithTech/USA, Inc.) located north of Taft Highway,west of Gosford Road. (Negative Declaration on file) (Agenda Item 6.9a) To change the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 80 acres and to change the Circulation Map to eliminate Progress Road as a Collector Segment north of Taft Highway. (Ward 6 upon annexation) 4.2j Approval of Zone Change 05-0938 (SmithTech/USA, Inc.) located north of Taft Highway, west of Gosford Road. (Negative Declaration on file)Agenda Item 6.9b) To change the zone from A (Agriculture) to R-1 (One Family Dwelling) on approximately 80 acres. (Ward 6 upon annexation) 4.2k Approval of General Plan Amendment 05-1437 (Porter-Robertson) located on the north side of Kern Canyon Road (State Highway 184), approximately 2,000 feet southwest of the intersection of Kern Canyon Road and State Highway 178. (Negative Declaration on file) (Agenda Item 6.11a) To change the land use designations from MUC (Mixed Use Commercial) to LR (Low Density Residential) on 7.89 acres and from HMR (High Medium Density Residential) to LR (Low Density Residential) on 0.29 acres. (Ward 3) Planning Commission — Thursday, December 15, 2005 Page 3 4.21 Approval of Zone Change 05-1437 (Porter- Robertson) located on the north side of Kern Canyon Road (State Highway 184), approximately 2,000 feet southwest of the intersection of Kern Canyon Road and State Highway 178. (Negative Declaration on file) (Agenda Item 6.11 b) To change the zone from R-S-2.5A (Residential Suburban 2.5-acre minimum lot size) to R-1 (One Family Dwelling) on 40.24 acres. (Ward 3) ADDTIONS TO AGENDA 4.2m General Plan Amendment 05-0945 (SmithTech/USA, Inc.) located on the east side of Ashe Road, approximately 660 feet south of McCutchen Road. (Negative Declaration on file) (Agenda Item 6.10a) To change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 40 acres. (Ward 6 upon annexation) Request for continuance to March cycle. 4.2n Zone Change 05-0945 (SmithTech/USA, Inc.) located on the east side of Ashe Road, approximately 660 feet south of McCutchen Road. (Negative Declaration on file) To change the zone from A (Agriculture) to R-1 (One Family Dwelling) on 40 acres. (Ward 6 upon annexation) Request for continuance to March cycle. The public hearing is opened. It was noted that Mr. Garza would like 4.2e and 4.2f removed from Consent Calendar. The public hearing is closed. Commissioner Tkac stated that he listened to the pre-meeting and will be participating in this evening's meeting. Commissioner Tkac moved, seconded by Commissioner Johnson, to approve all the Consent Agenda Items with the exception of 4.2e and 4.2f. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None 5. PUBLIC HEARINGS — ENVIRONMENTAL IMPACT REPORT / GENERAL PLAN AMENDMENT / Land Use and Circulation Element Amendment/Zone Change/Tentative Parcel Map: 5.1a Certification Of Final Environmental Impact Report (FEIR) for GPA/ZC 05-1063 (Sky 19 Development) (S and J Alfalfa) (Final EIR) (Ward 3) 5.1 b General Plan Amendment 05-1063 (S and J Alfalfa) located between State Route 178 and College Avenue, and between Morning Drive and Vineland Road. (FEIR) To amend the Circulation Element to eliminate a collection street and to re-align a separate collector street. (Ward 3) Planning Commission — Thursday, December 15, 2005 Page 4 5.1c Zone Change 05-1063 (S and J Alfalfa) located between State Route 178 and College Avenue, and between Morning Drive and Vineland Road. (FEIR) To change the zone district from R-1 (One Family Dwelling) to R-1 PUD (One Family Dwelling - Planned Unit Development). (Ward 3) 5.1 d Tentative Parcel Map 11322 (S and J Alfalfa) located between State Route 178 and College Avenue, and between Morning Drive and Vineland Road. (FEIR) To create 22 parcels on the 574 acre portion of the site for the purpose of single family residential development. The public hearing is opened. Staff report given. Mike Houlihan with Michael Bradman Associates went over a description of the environmental setting. No one spoke in opposition or in favor of Staff's recommendation. The public hearing is closed. Commissioner Tragish commented that he has reviewed the pre-meeting. He stated his concerns about addressing the secondary effects of all of this development being put into the City. Commissioner Tragish inquired if CEQA requires that the EIR take into consideration the secondary impacts to the rest of the City that this particular project will have as to traffic issues. Eon Faricks with Rutgers and Schuler, responded that as far as CEQA he is not sure, but with respect to the traffic study they are required to study to a level of a certain amount of trips and intersections or roadways, and once they get beyond a certain amount of trips where the number falls off as you get further away from the project, the impacts to other roadways and intersections are minimal and those are not studied. Mr. Faricks stated that with respect to the technical study they are not required to study any potential impacts of secondary effects. Commissioner Tragish inquired if various sections of the City are engaged in gridlock at various times during the day, and this project is going to put more homes/traffic in those gridlock area, if it is looked at as a whole. Mr. Faricks responded that they look at it as far as the project impacts at a certain level, and if those levels drop off they don't look at those other facilities. Commissioner Tragish inquired what "level" they are taking it to. Mr. Faricks stated that with respect to this project KernCOG will run a model with their facility placed in, and the model sends their trips out, and the trip numbers drop off after a certain point. He stated that if there are only 10 trips to Truxtun Avenue from their project, they will not study Truxtun Avenue because there is not sufficient impact to warrant further study. Commissioner Tragish inquired how current the statistical information is that they rely on to make these studies. Mr. Faricks indicated that KernCOG runs their model with all known projects and it is pretty current. Commissioner McGinnis addressed 3.7 regarding paleontological issues, and inquired to what degree excavation would be if fossils were to be found. Staff responded that they do not have grading plans; however the cultural resources professional would be on site while excavation occurs so that if there is any type of fossils they would stop and look at what they have. Mr. Houlihan stated that they could preserve the resource by leaving it in the ground. He indicated that preservation is a mitigation measure under CEQA. Commissioner Tragish inquired if the Planning Commission has the discretion to require a traffic analysis in conjunction with the EIR to evaluate traffic impacts city-wide or a greater area then what has been evaluated. Staff responded that unless there is some specific evidence, they do not believe you can ask the applicant to go beyond the accepted methodology when it was determined that it was insignificant beyond the parameters of the study. Commissioner Tragish commented that they don't have professionals personally who can come in to provide the evidence, but is based on their own personal experience. Commissioner Tkac stated that he feels it is his job as a planner to plan for the community, and that it is his concern to have the foresight to plan appropriately for anticipated future traffic issues. Commissioner Planning Commission — Thursday, December 15, 2005 Page 5 Tkac stated he would like to hear the other commissioners' comments, and is not satisfied with the applicant's response to this issue. Commissioner Tkac further stated that he would like to know how much money comes from a traffic impact fee and how much is coming from Congressman Bill Thomas' bill to get this problem fixed, and how much money they are going to have. Staff responded that they don't have immediate numbers, and that this issue is more of a global issue than this project, and is not fair to put this global issue on this project. Staff pointed out that it would be more appropriate for discussion under Commissioner Comments. Staff further stated that with regard to the whole issue of planning that the northeast has been labeled as a centers area, and the applicant that is building this project is the same one that is working on City in the Hills project. The people could walk to the centers through the trails. Staff further indicated that there is a 15-acre commercial site immediately west of this project at the northwest corner. Staff commented that there will be commercial facilities and trails throughout this area and some real nice amenities within this project, as well as a very large park area connected to the ball diamonds '/ mile to the east. Staff stated that one reason there is some congestion in Bakersfield is because people are willing to drive across town to go to a shopping center. Staff stated that at a General Plan update would be an appropriate tool to look at the entire circulation element and re-evaluate regarding levels of service, road standards, etc. Commissioner Tkac reiterated that he wants to plan this area responsibly. Staff pointed out that with regard to this specific area about two to three months ago Ted Wright presented an extensive overview of traffic improvements in the northeast that will greatly improve traffic in the northeast. Commissioner Lomas reiterated her views of the Planning Commission and what they are concerned with. She inquired of Staff what City standards are in regards to Shark Tooth Hill and if there is a mechanism that can be in place that if there is a significant find that the appropriate experts could decide what the best use is of that resource. Staff responded that while Shark Tooth Hill is not within the limits, they could add onto the conditions of approval to indicate that if a significant find is made an alternative approach to simply covering up shall be investigated. Commissioner Lomas inquired who the appropriate expert would be, to which Staff responded it would be the paleontologist required in the conditions that would be on site to determine if it is a significant enough find to put that type of condition on. Commissioner McGinnis indicated that he would be in agreement with this. Commissioner Blockley moved, seconded by Commissioner Spencer, to adopt a Resolution Exhibit "A" making CEQA findings, sections 15091 and 15093 of the State CEQA Guidelines, approving mitigation measures, statement of overriding consideration, and mitigation monitoring program and recommending certification of the final EIR for the Sky 19 Development Project Number 05-1063 to the City Council, adding the condition that if a significant palentological resource is found, the paleontologist shall investigate alternative methods to protect the resource other than covering it in place. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Lomas NOES: None ABSTAINED: Commissioner Tragish Commissioner Blockley moved, seconded by Commissioner Spencer, to adopt a Resolution Exhibit "A" making CEQA findings, sections 15091 and 15093 of the State CEQA Guidelines, approving mitigation measures, statement of overriding consideration, and mitigation monitoring program and recommending certification of the final EIR for the Sky 19 Development Project Number 05-1063 for the purposes of land division, and adding the condition that if a significant palentological resource is found, the paleontologist shall investigate alternative methods to protect the resource other than covering it in place, and recommend the same to City Council. Planning Commission — Thursday, December 15, 2005 Page 6 Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Lomas NOES: None ABSTAINED: Commissioner Tragish Commissioner Blockley moved, seconded by Commissioner Spencer, to adopt a Resolution Exhibit "B" making findings, and approving the requested General Plan Amendment to change the circulation element to eliminate a north south collector street along the mid section line of section 19 and realign a separate collector, Highland Knolls Drive, between Morning Drive and Vineland Avenue, as shown on the circulation plan, adding the condition that if a significant palentological resource is found, the paleontologist shall investigate alternative methods to protect the resource other than covering it in place, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None Commissioner Blockley moved, seconded by Commissioner Spencer, to approve a Resolution Exhibit "B" making findings, and approving a Zone Change 05-1063 from an R-1 (Single Family Dwelling) zone to an R-1/PUD (Single Family Planned Unit Development) zone on 574 acres, adding the condition that if a significant palentological resource is found, the paleontologist shall investigate alternative methods to protect the resource other than covering it in place, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Lomas NOES: None ABSTAINED: Commissioner Tragish Commissioner Blockley moved, seconded by Commissioner Spencer, to adopt a Resolution Exhibit "C" making findings, and approving vesting tentative parcel map 11322 with conditions of approval / mitigation measures, a statement of overriding consideration, and monitoring program as set forth in the attached Resolution, adding the condition that if a significant palentological resource is found, the paleontologist shall investigate alternative methods to protect the resource other than covering it in place, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Lomas NOES: None ABSTAINED: Commissioner Tragish Commissioner Tragish stated that his abstention is due to his disagreement and lack of adequate information regarding the traffic impacts of this project as it pertains to other areas of the City. Planning Commission — Thursday, December 15, 2005 Page 7 5.2a Certification of Final Environmental Impact Report (FEIR) for GPA/ZC 04-1746 (McIntosh & Associates) (Final EIR) (Ward 6 upon annexation) 5.2b General Plan Amendment 04-1746 (McIntosh & Associates) located north and south of Taft Highway (Highway 119), east of Stine Road and west of Ashe Road. (EIR on file) To change the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 80.07 acres, RR (Rural Residential) to LR (Low Density Residential) on 36.5 acres, and RR (Rural Residential) to LMR (Low Medium Density Residential) on 70.3 acres. (Ward 6 upon annexation) 5.2c Zone Change 04-1746 (Mclntosch & Associates) located north and south of Taft Highway (Highway 119), east of Stine Road and west of Ashe Road. (EIR on file) To change the zone districts from A (Agriculture) to R-1 (One Family Dwelling) on 116.63 acres, A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on 13.44 acres, and R-S-20A (Residential Suburban-20 acre minimum) to R-2 (Limited Multiple Family Dwelling) on 56.59 acres. (Ward 6 upon annexation) The public hearing is opened. Staff report given. Commissioner Tkac stated that he will recuse himself from this due to a potential conflict of interest. Mike Houlihan stated that Kara Palm will provide the presentation on the environmental issues. Gordon Nipp, representing the Sierra Club, spoke about the agricultural conversion issue. He entered into the record a letter from the State of California Department of Conservation, Division of Land Resource Protection dated November 16, 2005 regarding four GPAs approved one month prior (Zone Change 05-0942, 05-0943, 05-0476 and 05-0743). Mr. Nipp also referred to a Merced conversion. He stated that he has provided suggested mitigation for agricultural conversion. He then went on to talk about his concerns with air quality. He inquired if the air district is willing to enter into any agreement with developers. Mr. Nipp stated that the draft EIR does not require solar photovoltaic panels on residences. He further commented on traffic concerns. He indicated that their suggestions are: 1) measures that would address and solve the problem should be studied and implemented; and 2) if the public is expected to accept this degregation of traffic then the general plan circulation element should be updated to reflect these lower expectations. Roger McIntosh, with McIntosh & Associates, stated that the R-2 designation is intended to provide for higher density lots and that they are all single family homes, but because the City ordinances do not allow for smaller lots, they have to go a multi-family zone (R-2) which does allow for smaller lots less than 6,000 sq. feet. He stated that in any event there will be no more than 874 dwelling units on the project. Mr. McIntosh stated that there was an air quality study prepared by Insight Sciences. He pointed out that the Air District just adopted an indirect source rule for all new development that will require a fee to be paid for every new single family, multi-family, commercial, industrial project in the City of Bakersfield, or the entire air district that will mitigation ROG and PM10 to zero. Mr. McIntosh stated that this EIR allows for a program such as that to take the place of an agreement with the district for this developer to enter into and mitigate their impacts to zero. Mr. McIntosh confirmed that their traffic study did analyze both regional impacts, as well as local impacts, and is consistent with CEQA, and no update to the general plan circulation element is needed. Mr. McIntosh pointed out that rural residential is not an agricultural designation. He further stated that they are in agreement with providing access to the landlocked parcel adjacent to the site. The public hearing is closed. Staff indicated they would like to address the agricultural memo received. Break is taken. Commissioner Tragish inquired of Mr. McIntosh about the traffic study. Mr. McIntosh clarified that the traffic study was prepared by their office and they use the methodology mandated by the City, which requires a traffic model which is used by every traffic engineer. He clarified that it is a regional model put out by KernCOG. Commissioner Tragish further inquired about Mr. McIntosh's comments with regard to Planning Commission — Thursday, December 15, 2005 Page 8 the dictates of the General Plan and the applicant not getting a project approved if it brings the existing level of service below C, and if it is below C, it can't make it worse then what it already is. Mr. McIntosh clarified by stating that the General Plan Policy recommends a level of service C, and if however, the level of service is already below C then the policy is that you cannot degrade that facility less then the level of service that is in effect currently. He pointed out that impacts can still be identified as having a significant impact, and would have to follow proper mitigation to be approved. He further pointed out that in this project there were no significant impacts after mitigation. Commissioner Tragish further inquired about Mr. McIntosh's reference to regional and local models. Mr. McIntosh responded that the regional impact uses the KernCOG model which has all of the traffic in the general plan area, and is projected to be a reasonable build out by the year 2020, 2030, etc. He indicated that this model is based on actual traffic counts, and projected growth rates in all the areas of the region. He stated that when they use this model and plug in the numbers a project in SW Bakersfield is probably not going to affect a project in NE Bakersfield, however, the traffic in the model will not go that far away from the project. Mr. McIntosh stated that the regional model uses the new project traffic to analyze the impacts on a regional base and they have to calculate what that is on all facilities in the region. He stated that the local impacts are impacts on facilities that aren't necessarily covered in the regional model, such as collectors or intersections that may be a local street, or a collector that isn't necessarily included in the regional model. He stated that they then have to go out and do traffic counts, and the traffic counts are done within a year of when it comes to hearing so they are fairly current. Based on that obtained information, local impacts are made. Mr. McIntosh confirmed that the regional analysis takes into consideration the entire city, as well as parts of the County. Commissioner Tragish inquired if Staff perceives that the traffic in various parts of the City is getting worse. Mr. McIntosh stated that there are facilities that are being impacted by growth and there could be a long debate as to what is causing that. He indicated that the miles traveled are actually increasing faster than the population. He further pointed out that the birth rate over the death rate accounts for about 50% of the population increase. He further pointed out that there will be an impact from the inherent growth rate, as well as new development. He stated the model has a 2.8% growth rate increase built in. Mr. McIntosh also stated that with regard to Congressman Thomas' bill, there is about $726 million that is earmarked to come to Kern County, and a little over $600 million of that will come to the metropolitan Bakersfield, and that there will be local matched funds that will need to be raised, which is a good introduction to a 'h cent increase in sales tax. Commissioner Tragish further inquired about the '/ mile prohibition of building any residential (Condition 24). Mr. McIntosh responded that there is no policy, guideline or ordinance identified in any document, and the '/ mile buffer is a recommended distance that was out of study done in the early 90's that Public Works would like to see. He further stated that their odor nuisance study showed that there is not a significant impact from the waste water treatment plant, and they request that the "buffer zone" condition be removed. Commissioner Tragish inquired of Staff about Mr. McIntosh's responses pertaining to the '/ mile prohibition against residential build out around the sewer treatment plant and there being no guidelines, etc. Staff responded that the '/ mile has been established by Public Works through studies done in 1990 and empirical studies since then. Staff pointed out that as the area outside of which the odor is not as effective towards the sensitive receptors, Public Works does not want to remove Condition number 24. Staff indicated that everyone that was within this area was told about the '/ issue. Commissioner Tragish stated that something still is not fitting and does not explain why traffic is incrementally worse then they should really be. He stated that he looks forward to further information and a General Plan update. Commissioner Spencer inquired of Staff about the buffer zone, and that odors can go further than '/ mile. He further concurred with Commissioner Tragish's issue with regard to traffic. Commissioner Spencer stated that the zoning on these properties is pretty intense and there is a discrepancy as to the density being in compliance with the housing element. He stated that he can support portions of the project being zoned R-1 with the condition that they adhere to the '/ mile buffer on the north side of Taft Highway. He further recommended that the R-2 zoning have a PUD on the south side. Planning Commission — Thursday, December 15, 2005 Page 9 Commissioner Lomas inquired of Staff if Staff's report and existing documentation cover Mr. Nipp's comments. Staff responded that the existing environmental document and Staff's response to comments adequately address Mr. Nipp's concerns. Commissioner Lomas stated that she was confused about the discrepancy between the 79 acres and 120 acres being farmed. Staff responded that it is acceptable to do it this way because the other designations were already designated for urban uses. Commissioner Lomas further inquired about the '/ mile buffer and if the applicant was aware of this, although it is not an ordinance. Staff responded that this is a General Plan Amendment and there are no requirements that there be any rules in place at the time which allows you on a General Plan Amendment attached conditions that were not existing policies. She inquired if Staff is working towards making this an ordinance, because it is good policy. Staff responded that the Department has started discussing this issue. Commissioner Lomas inquired what the applicant could do with the clip of property. Staff responded that it could be made part of a very large lot. — END OF TAPE --- Mr. McIntosh stated that it affects about 20 lots, which is about 5 acres. Commissioner Lomas inquired about these 5 acres. Staff responded that they may combine a road with a sump, and some deep lots, and stated that it is not something the Planning Commission has to solve for the applicant. Staff indicated that Mr. McIntosh could easily design something to accommodate the applicant. Commissioner Lomas inquired when they can expect their next General Plan update. Staff responded that a comprehensive General Plan update is anticipated to begin mid next year, and will take two to three years. Commissioner Lomas inquired of Mr. McIntosh about the solar panels. Mr. McIntosh stated that they are not in agreement to solar panels as the applicant has agreed to mitigate his impacts to zero. Commissioner Johnson stated his concern with regard to infringing upon the ability of the applicant to utilize their property in an effective manner has been addressed. He stated that he feels Condition 24 should stand as it is. He pointed out that the NOx and ROG levels were referenced in the findings of fact. Commissioner McGinnis stated that he supports Staff's position on the '/ mile buffer. He stated that he shares Commissioner Tragish's concerns with regard to traffic studies. He stated that with the exception of item number 4 he would support Staff's recommendation. Commissioner Lomas requested clarification from Mr. Spencer about his belief that the R-2 zone is not appropriate on the south side because of existing neighboring land uses. Commissioner Spencer responded that the south side is a very large parcel, and it would have an influence, predominantly on the west, east and the south side of that land area. Whereas, the property proposed for R-2 zoning on the north side could be sufficiently buffered even though they still have the same zone classifications to the east and west. He stated that it is so incompatible on the south side at this time that it is really premature at this time to be rezoned R-2. He commented that perhaps a land use designation might be appropriate at this time. He stated that he cannot visualize it being an R-2 without a PUD. Commissioner Lomas inquired if Commissioner Spencer's concern was multi-family or small lots. Commissioner Spencer responded that his concern is that it will be used for a full-blown apartment complex. Commissioner Tragish inquired of Staff about Taft Highway's designation, to which Staff responded that it is designated as an expressway with either 4 or 6 lanes. Staff responded that they do foresee commercial at the major arterials at Taft Highway, and that there may be some along the sides of Taft Highway where the collector streets come in at the mid section points. Commissioner Lomas inquired what Staff's recommendation is on accomplishing smaller 5000 sq. ft. lots as projected by the applicant. Staff responded this could be accomplished through a condition that limits it to single family development. Planning Commission — Thursday, December 15, 2005 Page 10 Commissioner McGinnis stated that there should be opportunities for people who cannot afford to buy a home to utilize multi-family. Therefore, he stated that he would support R-2 zoning on both sides of Taft Highway. Commissioner Spencer inquired of Staff if there can be a modification to the condition and the plan to limit development of R-2 to single family residential lots only on the south side of Taft Highway. Staff responded in the affirmative. Commissioner Spencer requested a condition to reflect that the R-2 portion south of Taft Highway shall be developed with single family dwellings. Commissioner Lomas inquired of Mr. McIntosh as to his opinion on adding the proposed condition. Mr. McIntosh responded that they would agree. Commissioner Blockley suggested that this be left as flexible as possible. He stated that otherwise he supports the condition. Commissioner Johnson moved, seconded by Commissioner Blockley, to adopt Resolution, Exhibit "A", making CEQA findings approving mitigation measures, and mitigation monitoring and reporting program, and recommending certification of the Final EIR of GP Zone Change 04-1746, including memo dated December 13, 2005 from Jim Movius, Planning Director, and memo dated December 15, 2005 from Jim Movius, Planning Director, and including condition 25 limiting the R-2 to single family dwellings, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Lomas NOES: None ABSTAINED: Tragish Commissioner Johnson moved, seconded by Commissioner Blockley, to adopt Resolution, Exhibit "A", approving the requested General Plan Amendment to change the land use designations from RIA to LR on 80.07 acres, from RR to LR on 36.5 acres, and from RR to LMR on 70.3 acres, including memo dated December 13, 2005 from Jim Movius, Planning Director, and memo dated December 15, 2005 from Jim Movius, Planning Director, and including condition 25 limiting the R-2 to single family dwellings, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Lomas NOES: None ABSTAINED: Tragish Commissioner Johnson moved, seconded by Commissioner Blockley, to adopt Resolution, and approving the requested zone change from agriculture to one family dwelling on 116.63 acres, from agriculture to R2 (Limited Multifamily Dwelling) on 13.44 acres, and from R-S-20A (Residential Suburban- 20 acre minimum) to R-2 (Limited Multiple Family Dwelling) on 56.59 acres including memo dated December 13, 2005 from Jim Movius, Planning Director, and memo dated December 15, 2005 from Jim Movius, Planning Director, including Exhibit "A", and including condition 25 limiting the R-2 to single family dwellings, and recommend the same to City Council. Planning Commission — Thursday, December 15, 2005 Page 11 Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Lomas NOES: None ABSTAINED: Tragish Commissioner Tragish stated that his comments regarding traffic impacts are the same as the previous agenda item. He stated that his view of this is that he still does not think that the EIR adequately treats it. 6. PUBLIC HEARINGS —GENERAL PLAN AMENDMENTS / Land Use Element Amendments/Zone Changes/ Circulation Element Amendments/Williamson Act Land Use Cancellation, Specific Plan Line Adoption: 6.1 General Plan Amendment 05-1199 (Marino and Associates) located on the north side of Panama Lane, between South "H" Street and Monitor Street (1300 to 1404 Panama Lane). (Negative Declaration on file) (Continued from December 1, 2005) To amend the Land Use Element of the Metropolitan Bakersfield General Plan by changing the land use map designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 2 'h acres. (Ward 7) The public hearing is opened. Staff report given. No one spoke in opposition to Staff's recommendation. Jim Moreno, representing Patrick Padilla, stated they are in favor of Staff's recommendation; however they are not in favor of the conditions. Mr. Moreno indicated that the applicant and the neighbors met and they recommended that the four conditions on the memo be added to the project. Larry Barrios, representing the Homeowner's Association, stated they believe the conditions are reasonable, and recommended that the Planning Commission approve all of the conditions. The public hearing is closed. Commissioner Tragish moved, seconded by Commissioner Spencer, to adopt a Resolution making findings and approving the Negative Declaration, approving a General Plan Amendment to change the Land Use Designation from LR (Low Density Residential) to HMR (Medium Density Residential) on 2.5 acres as shown on Exhibit A-2, attached to the draft Resolution, and incorporating the memorandum from Mr. Movius dated December 14, 2005, which includes the conditions that will be part of the motion, and additional incorporating the memorandum from Mr. Movius of December 6, 2005, and the memorandum from Marion Shaw dated November 28, 2005, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None 6.2a General Plan Amendment 05-0425 (Marino and Associates) located generally south of Taft Highway, east and west of Wible Road. (Negative Declaration on file) To change the land use designations from LMR (Low Medium Density Residential) and ER (Estate Residential) to UER (Urban Estate Residential) and LR (Low Density Residential) on 50.45 acres. (Ward 7 upon annexation) 6.2b Zone Change 05-0425 (Marino and Associates) located generally south of Taft Highway, east and west of Wible Road. (Negative Declaration on file) Planning Commission — Thursday, December 15, 2005 Page 12 To change the zone districts from A (Agriculture), E-1A (Estate -1 acre) and E (Estate) to RS (Residential Suburban), R-1 (One Family Dwelling), and C-2 (Regional Commercial) zones on 54.42 acres. (Ward 7 upon annexation) 6.2c Williamson Act Cancellation 05-0425 (Marino and Associates) located generally south of Taft Highway, east and west of Wible Road. (Negative Declaration on file) Tentative cancellation of a Williamson Act Contract on 22.5 acres. (Ward 7 upon annexation) The public hearing is opened. Staff report given. No one spoke in opposition to Staff's recommendation. Mike Rider stated that they own the property to the east, and they have been working with the families in the Wine Gardens and the Sandrinis who own the parcel next to Wible. The public hearing is closed. Commissioner Tragish inquired if the zoning sought by this applicant for this property limits it to 210 units, or if there needs to be a condition limiting it to 210 units. Staff responded that from a practical standpoint it is limited to that number of units, and they do not believe that a restriction/condition should be added. Staff indicated that a condition would not address any impact, because it is going to be very close to 210, or below. Commissioner Tragish moved, seconded by Commissioner Johnson, to adopt a Resolution making findings, approving a Negative Declaration, and approving a General Plan Amendment to change the Land Use Designation from ER (Estate Residential) to LR (Low Density Residential) on 11.36 acres, and from LMR (Low-Medium Density Residential) to LR (Low Density Residential) on 20.48 acres, and from LMR (Low-Medium Density Residential) to UER (Urban Estate Residential) on 18.7 acres as shown on Exhibit A-2, attached to the draft Resolution, subject to the conditions listed in Exhibit A, and including the December 8, 2005 memorandum from Mr. Movius, and the November 9, 2005 memorandum from Marian Shaw, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None Commissioner Tragish moved, seconded by Commissioner Johnson, to adopt a Resolution making findings, approving a Negative Declaration, and approving the cancellation of the Williamson Act Contract on 22.5 acres as shown on Exhibit 2, attached to the draft Resolution, subject to the conditions listed in Exhibit A-1, and including the December 8, 2005 memorandum from Mr. Movius, and the November 9, 2005 memorandum from Marian Shaw, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None Commissioner Tragish moved, seconded by Commissioner Johnson, to adopt a Resolution making findings, approving a Negative Declaration, and approving the zone change from E (Estate) to R1 (One Family Dwelling) on 11.36 acres, from E-1A (Estate 1 DU acre) to R1 (One Family Dwelling) on 20.48 acres, from A (Agriculture) to RS (Residential Suburban) on 18.7 acres, and from A (Agriculture) to C2 (Regional Commercial) on 3.88 acres as shown on Exhibit A-2, attached to the draft Resolution, subject to the conditions listed in Exhibit A-1, and including the December 8, 2005 memorandum from Mr. Movius, and the November 9, 2005 memorandum from Marian Shaw, and recommend the same to City Council. Planning Commission — Thursday, December 15, 2005 Page 13 Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None 6.3a General Plan Amendment 05-0426 (Monarch Affiliates) located west of Stine Road and south of Taft Highway, east of the Farmers Canal. (Negative Declaration on file) To change the land use designations from RR (Rural Residential) to LR (Low Density Residential). (Ward 6 upon annexation) 6.3b Zone Change 05-0426 (Monarch Affiliates) located west of Stine Road and south of Taft Highway, east of the Farmers Canal. (Negative Declaration on file) To change the zone from R-S-20A (Residential Suburban -Twenty Acres Minimum) to R-1 (One Family Dwelling) on approximately 31.2 acres. (Ward 6 upon annexation) The public hearing is opened. Staff report given. No one spoke in opposition or in favor of Staff's recommendation. The public hearing is closed. Commissioner Blockley moved, seconded by Commissioner McGinnis, to adopt a Resolution making findings, approving a Negative Declaration, and approving a General Plan Amendment to change the Land Use Designation from RR (Rural Residential) to LR (Low Density Residential) on 31.2 acres as shown on 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, Johnson, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None Commissioner Blockley moved, seconded by Commissioner McGinnis, to adopt a Resolution making findings, approving a Negative Declaration, and approving a zone change from R-S-20 (Residential Suburban, 20 acre minimum) to R1 (Single Family Residential) on 31.2 acres, as shown on 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, Johnson, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None 6.4a General Plan Amendment 05-0844 (Pacific Engineering) located at the southeast corner of 7th Standard Road and the Allen Road alignment (future). (Negative Declaration on file) To change the land use designations from R-MP (Resource-Mineral and Petroleum) and SR (Suburban Residential) to SI (Service Industrial), LI (Light Industrial), and SR (Suburban Residential) on 139.89 acres and to change the Circulation Map to establish a specific plan line for the eastern portion of the Etchart Road. (Ward 4 upon annexation) 6.4b Zone Change 05-0844 (Pacific Engineering) located at the southeast corner of 7th Standard Road and the Allen Road alignment(future). (Negative Declaration on file) Planning Commission — Thursday, December 15, 2005 Page 14 To change the zone from A (Agriculture) to M-1 (Light Manufacturing), M-2 (General Manufacturing), and E/PE (Estate One-Family Dwelling/Petroleum Extraction Combining District) on 139.89 acres. (Ward 4 upon annexation) The public hearing is opened. Staff report given. No one spoke in opposition to Staff's recommendation. Maurice Etchechury addressed the following issues: Sewer service: This will be provided by North of the River Sanitary District and not the City. Oilfield issues: He asked the Planning Commission to consider the number of active wells that are actually present. He indicated that the area that predominately has the active wells is being proposed to be developed to M-2 which is a compatible zoning. He indicated that the area to the north is being proposed for suburban residential development and takes into account all of the wells and how they will factor into lot lines and conform to all of the conditions of development approval that has been outlined in the memo from the Fire Department. He pointed out that the two grayed out areas are actually the only two active oil wells within the proposed residential development. He indicated that the green cross- hatched area on the proposed M-2 area is a 16 acre parcel that is being proposed to be restricted to only oil field operations. He indicated that this area will be fenced and left the way it presently is so the mineral producer can utilize the property. Mr. Etchechury indicated that responses received from various letters from SJVAPCD and Kern County Roads Department have been submitted. Mr. Etchechury explained their suggestion of adjusting the curve of Zerker Road and tie it into what will become a three-way stop sign at Snow Road, eliminating high speed traffic. At this point, Zerker Road would be a cul-de-sac and Allen Road would be extended to Snow Road and tie in with the Seventh Standard alignment. He indicated that the County is in agreement at this point. Tank farm /water well /water storage tank in relation to the project: He stated that the approval of this project will give him an opportunity to work with the mineral owner to get rid of these particular facilities. Mr. Etchechury indicated that he has proposed to the mineral owner to swap a water well or a connection to Cal Water for the water tank that is very prominently visible from Seventh Standard Road. He indicated that the tank farm appears to be quite large when looked at from an aerial photo, but it is actually five tanks, three of which are out of service, and one which is used to collect crude oil from wells. He indicated the fifth tank is used as an over pour if they forget to turn off a manual switch to move the oil from that tank down to their main storage facility down in the proposed M-2 area. Mr. Etchechury indicated that after speaking with people from the field, there is no reason why pipe lines couldn't be connected to the main storage area to eliminate the tank farm. Chuck Soderstrom, TJ Cross Engineers, stated they have worked on projects such as this in Orange and Los Angeles Counties. He presented similar location situations as this project. He stated that this type of development can be done, and it is not at all unusual. He pointed out that these projects are developed in a way to greatly minimize the impacts, aesthetically, noise, ambient lighting, odors, etc. and have been successful with very few complaints from residents. Harold Sugden, professional geologist, State of California, and a registered environmental assessor, marked the "idle well program," which means they have been shut in for more than a year. He pointed out that number 23A well produces anywhere between 800 and 900 barrels of oil a month, which is not an insignificant number. He stated that it stopped producing gas in 2002. He further stated that well 34B does produce some gas; 3-4 MCF per month. He further indicated that this is not a large amount, and it is downwind from the residential area. He stated that he agrees that an oilfield is a very dangerous place to be; however, the oilfield facility can be removed as has been done in other areas. The public hearing is closed. Commissioner Tkac stated he would like to inquire more about the oil issues. Specifically, he inquired of Staff if there are any active gas tanks on this actual piece of property. Mr. Etchechury responded that as far as gas storage tanks, he is unaware of any gas storage tanks on the property. Mr. Etchechury indicated that if there is gas extracted from the wells, it is plumbed to engines. Mr. Etchechury further indicated that some of the water is injected into the ground. Planning Commission — Thursday, December 15, 2005 Page 15 Commissioner Tkac further inquired if there area any high pressure gas lines. Mr. Etchechury responded that there are none that they are aware of. Commissioner Tkac stated that wells do co-exist with population. He inquired if around the active wells there are gas turbine engines, or if most of them are electric. Mr. Etchechury stated he did not do a survey of which wells are electric powered and which are gas powered, but that it is probably an equal split. Commissioner Tkac stated that his concern would be noise, but believes there would be setbacks. Mr. Etchechury stated that the preferred treatment of an oil well in a residential area would be to convert it to an electric motor, however, there are noise guidelines for residential development that before it can take place you have to mitigate any stationary noise source to a certain level which may be 60 db. Commissioner Tkac inquired about the plan for ingress and egress for machinery going in to work on any of the wells. Mr. Etchechury stated that, with regard to the work over rigs, Mr. Sugden appeared to be impressed that every well had street access from both sides so that it would almost be like a drive-thru. He further indicated that the circle around the oil dot has a radius of 100'. Commissioner Tkac inquired about the added odor to the natural gas. Mr. Etchechury responded that the odor is added by the gas company for delivery for domestic purposes. Commissioner Tkac further inquired about the type of crude that is being removed for this site, to which Mr. Etchechury stated that he has been told it is on the light side of the dividing line between heavy and light crude. Harold Sugden stated that a well that is producing both gas and oil at the same time (in this case 24 gravity crude and several cubic feet of gas a day) can be ignited. Commissioner Tkac stated that he doesn't see the oil issues as a significant problem, because of the buffers provided, and the Fire Department signing off on this. Commissioner Johnson inquired of Mr. Sugden about a road going over an abandoned well, and if there have been any known situations where roadways cave in or create a cavity as a result of an abandoned well. Mr. Sugden stated that he has never seen a cavity involved with an abandoned well. He indicated that he has seen developers change the pattern of housing in order to put the abandoned wells in the center of the road, because the DOG has stringent rules concerning accessibility to those types of wells. He pointed out that you cannot have a road within 75' of an active well, and stated that with an abandoned well you cannot build anything within 10'. He concluded that most developers will just put a road over the abandoned well, which makes them accessible. Commissioner Lomas stated that she would like a clearer understanding of what wells are going to be where. Mr. Etchechury pointed out that there is a setting of five tanks, of which one is actually being used. He pointed at the 16 acres has three tanks that accumulates water for injection, and then below there are a number of other tanks that accumulate oil for shipment out of the field by truck. He pointed out an oil well that was drilled and abandoned back to 1000' and the casing was re-perforated so they could extract water and not oil. Mr. Movius pointed out that the fourth paragraph on page two of the Staff report says, "The southern portion of the project site is used for oil production and storage. Some oil production and storage facilities, including the tank farm, exist on the northern portion of the project site." Commissioner Lomas requested clarification regarding how traffic will move in this light industrial area connected to the SI, as Allen Road appears to be the only main access. Mr. Walker stated that this is an open area, and they have plenty of room to design standards for truck access. Mr. Etchechury responded that the light industrial area is 300 feet deep, but it is actually a large parcel, and the combination of the SI and LI north of the tank farm facility is actually 29 acres. Mr. Etchechury confirmed that you can turn a truck around in 300 feet, and pointed out that between the purple SI piece shown currently, along the boundary between the eastern boundary of that line there is a 60' public access easement provided along that line. Commissioner Lomas further inquired about the build out from the southwest corner touching the Allen Road alignment to Snow Road. Ms. Shaw responded that the area between Snow Road and this applicant was a previous application, and that previous application is required to build Allen Road along the purple frontage. Commissioner Lomas stated her concern of sequence. Mr. Etchechury stated they Planning Commission — Thursday, December 15, 2005 Page 16 would entertain a condition that says that Allen Road has to be built, and are willing to commit to doing that before any other discretionary development would be done. Five minute break taken. Commissioner Tragish moved, seconded by Commissioner Blockley, to adopt a Resolution making findings, approving the Negative Declaration and approving a General Plan Amendment to change the Land Use Designation from R-MP and SR to SI, LI and SR on approximately 140 acres as shown on Exhibit A-2 and to establish a specific plan line for the eastern portion of the Etchart Road segment traversing the project area shown on Exhibit A-3, which is attached to the draft Resolution, and incorporating the December 6, 2005 memorandum from James Movius, with the additional condition: "With the first development within the GPA/ZC request, Allen Road must be constructed from the project area to Snow Road, minimum improvements to be determined by the City Engineer" and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None Commissioner Tragish moved, seconded by Commissioner Blockley, to adopt a Resolution making findings, approving the Negative Declaration and approving a zone change from County NR (5) PD/City A to M-1, M-2 and E/PE on approximately 140 acres as shown on Exhibit A-2 attached to the draft Resolution, and incorporating the December 6, 2005 memorandum from James Movius, with the additional condition: "With the first development within the GPA/ZC request, Allen Road must be constructed from the project area to Snow Road, minimum improvements to be determined by the City Engineer" and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None 6.5a General Plan Amendment 05-0931 (SmithTech USA Inc.) located north of Snow Road, south of Etchart Road, generally west of Coffee Road. (Negative Declaration on file) To change the land use designations from SR (Suburban Residential) to LR (Low Density Residential) on 80 acres. (Ward 4 upon annexation) 6.5b Zone Change 05-0931 (SmithTech USA Inc.) located north of Snow Road, south of Etchart Road, generally west of Coffee Road. (Negative Declaration on file) To change the zone from A (Agriculture)to R-1 (One Family Dwelling) zone on 80 acres. (Ward 4 upon annexation) Heard on Consent Calendar. 6.6a General Plan Amendment 05-0933 (SmithTech/USA, Inc.) located north of McCutchen Road and east of Gosford Road. (Negative Declaration on file) To change the land use designation from R-IA (Resource Intensive Agriculture) to LI (Light Industrial) on 6.64 acres and from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 52.56 acres. (Ward 6) 6.6b Zone Change 05-0933 (SmithTech/USA, Inc.) located north of McCutchen Road and east of Gosford Road. (Negative Declaration on file) Planning Commission — Thursday, December 15, 2005 Page 17 To change the zone from A (Agriculture) to R-1 (One Family Dwelling) on approximately 52.56 acres and M-1 (Light Industrial) on 6.64 acres. (Ward 6) Heard on Consent Calendar. 6.7a General Plan Amendment 05-0936 (SmithTech/USA, Inc.) located at the southeast corner of Etchart Road (future) and Jewetta Avenue (future). (Negative Declaration on file) To change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 19.3 acres. (Ward 4 upon annexation) 6.7b Zone Change 05-0936 (SmithTech/USA, Inc.) located at the southeast corner of Etchart Road (future)and Jewetta Avenue (future). (Negative Declaration on file) To change the zone from A (Agriculture)to R-1 (One Family Dwelling) on 19.3 acres. (Ward 4 upon annexation) The public hearing is opened. Staff report given. Staff indicated that Mr. Garza, who pulled this item from the Consent Calendar, has horses on his property and was concerned that the requested zoning would not permit horses. Staff advised Mr. Garza that the City has standard setbacks and required lot depths for property zoned E or R-1 adjacent to R-S zoned property. Staff advised that Mr. Garza did not indicate any reason as to why he left. No one spoke in opposition to Staff's recommendations. Bob Smith, with SmithTech/USA indicated that he spoke with Mr. Garza who does have approximately 3 acres in the southeast corner, and the City standards were explained to Mr. Garza. Mr. Smith indicated that Mr. Garza was not completely satisfied that the area was being urbanized, and does not know why Mr. Garza decided to leave. Mr. Smith pointed out that they are in agreement with the conditions of approval. He further pointed out that the area south of this project is designated SR and something closer to Mr. Garza has larger lots than what this applicant is requesting. The public hearing is closed. Commissioner Lomas inquired if Mr. Smith knows where Mr. Garza's parcel is located. Mr. Smith confirmed that the subject property is adjacent to Mr. Garza's property. Commissioner McGinnis moved, seconded by Commissioner Tkac, to adopt a Resolution making findings, approving the Negative Declaration and approving a General Plan Amendment to change the Land Use Designation from R-1A to LR on 19.3 acres as shown on Exhibit A-2, attached to the draft Resolution, and incorporating the December 6, 2005 memorandum from James Movius, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None Commissioner McGinnis moved, seconded by Commissioner Tkac, to adopt a Resolution making findings, approving the Negative Declaration and approving zone changes from A to R-1 on 19.3 acres as shown on Exhibit A-2, attached to the draft Resolution, and incorporating the December 6, 2005 memorandum from James Movius, and recommend the same to City Council. Planning Commission — Thursday, December 15, 2005 Page 18 Motion carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None 6.8a General Plan Amendment 05-0937(SmithTech/USA, Inc.) located on the east side of Jewetta Avenue (future), approximately 660 feet south of Etchart Drive (future). (Negative Declaration on file) To change the land use designations from SR (Suburban Residential) and R-IA (Resource-Intensive Agriculture)to LR (Low Density Residential) on 18.67 acres. (Ward 4 upon annexation) 6.8b Zone Change 05-0937 (SmithTech/USA, Inc.) located on the east side of Jewetta Avenue (future), approximately 660 feet south of Etchart Drive (future). (Negative Declaration on file) To change the zone from A (Agriculture) to R-1 (One Family Dwelling) on 18.67 acres. (Ward 4 upon annexation) Heard on Consent Calendar. 6.9a General Plan Amendment 05-0938 (SmithTech/USA, Inc.) located north of Taft Highway, west of Gosford Road. (Negative Declaration on file) To change the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 80 acres and to change the Circulation Map to eliminate Progress Road as a Collector Segment north of Taft Highway. (Ward 6 upon annexation) 6.9b Zone Change 05-0938 (SmithTech/USA, Inc.) located north of Taft Highway,west of Gosford Road. (Negative Declaration on file) To change the zone from A (Agriculture)to R-1 (One Family Dwelling) on approximately 80 acres. (Ward 6 upon annexation) Heard on Consent Calendar. 6.10a General Plan Amendment 05-0945 (SmithTech/USA, Inc.) located on the east side of Ashe Road, approximately 660 feet south of McCutchen Road. (Negative Declaration on file) To change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 40 acres. (Ward 6 upon annexation) 6.10b Zone Change 05-0945 (SmithTech/USA, Inc.) located on the east side of Ashe Road, approximately 660 feet south of McCutchen Road. (Negative Declaration on file) To change the zone from A (Agriculture) to R-1 (One Family Dwelling) on 40 acres. (Ward 6 upon annexation) Heard on Consent Calendar. Planning Commission — Thursday, December 15, 2005 Page 19 6.11a General Plan Amendment 05-1437 (Porter-Robertson) located on the north side of Kern Canyon Road (State Highway 184), approximately 2,000 feet southwest of the intersection of Kern Canyon Road and State Highway 178. (Negative Declaration on file) To change the land use designations from MUC (Mixed Use Commercial) to LR (Low Density Residential) on 7.89 acres and from HMR (High Medium Density Residential) to LR (Low Density Residential) on 0.29 acres. (Ward 3) 6.11 b Zone Change 05-1437 (Porter- Robertson) located on the north side of Kern Canyon Road (State Highway 184), approximately 2,000 feet southwest of the intersection of Kern Canyon Road and State Highway 178. (Negative Declaration on file) To change the zone from R-S-2.5A (Residential Suburban 2.5-acre minimum lot size) to R-1 (One Family Dwelling) on 40.24 acres. (Ward 3) Heard on Consent Calendar. 7. COMMUNICATIONS: Staff indicated that at the next meeting on January 5, 2006 there will be 16 items, and on January 19, 2006 the urban decay studies and noticing issues will be discussed. 8. COMMISSION COMMENTS: Commissioner Johnson wished everyone a Merry Christmas. Good byes were given to Pam. 9. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned at 10:02 p.m. Pam Townsend, Recording Secretary JAMES D. MOVIUS, Secretary Planning Director January 24, 2006