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HomeMy WebLinkAboutJune 15, 2006 PLANNING COMMISSION MINUTES 0 ` Meeting — June 15, 2006 - 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Lomas, Blockley, McGinnis, Spencer, Tkac, Tragish Absent: Commissioner Johnson. Advisory Members: Robert Sherfy, James D. Movius, Marian Shaw, Janice Horcasitas Staff: Marc Gauthier, Dana Cornelius 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS: None. 4. CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.1a Approval of minutes for Planning Commission meeting of May 18, 2006. 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 05-1377 (Dunmore Communities) 4.2b Approval of Zone change 05-1377 (Dunmore Communities) 4.2c Approval of General Plan Amendment 05-1479 (McIntosh &Associates) 4.2d Approval of Zone Change 05-1479 (McIntosh &Associates) 4.2e Approval of General Plan Amendment 05-1783 (McIntosh &Associates) 4.2f Approval of Zone Change 05-1783 (McIntosh &Associates) 4.2g Approval of General Plan Amendment 05-1917 (Marino &Associates) 4.2h Approval of Zone Change 05-1917 (Marino &Associates) 4.2i Approval of General Plan Amendment 05-1918 (Marino &Associates) 4.2j Approval of Zone Change 05-1918 (Marino &Associates) 4.2k Approval of General Plan Amendment 05-1932 (SmithTech/USA) 4.21 Approval of Zone Change 05-1932 (SmithTech/USA) Planning Commission — June 15, 2006 Page 2 4.2m Approval of General Plan Amendment 05-1947 (Banducci Land, LLC) 4.2n Approval of Zone Change 05-1947 (Banducci Land, LLC) Roger McIntosh requested removal of item number 4.2c, d, a and f so that he may address these items. Ana Dezember requested removal of 4.2m and/or 4.2n regarding the Banducci Land, LLC, which is actually Gosford Road and McCutchin Road. The public hearing items for consent calendar was closed, except for items 4.2c, 4.2d, 4.2e, 4.2f, 4.2m and 4.2n. Motion made by Commissioner McGinnis moved, seconded by Commissioner Blockley to approve the public hearing consent calendar with the exception of removing items 4.2c, 4.2d, 4.2e, 4.2f, 4.2m and 4.2n from the consent calendar. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, McGinnis, Spencer, Tragish, Lomas. ABSENT: Commissioners: Johnson, Tkac. 5. PUBLIC HEARINGS—GENERAL PLAN AMENDMENTS/Land Use Element Amendment/Zone Change 5.1a Certification of Final Environmental Impact Report (FEIR) for GPA/ZC 05-0519 (McIntosh & Associates) 5.1 b General Plan Amendment 05-0519 (McIntosh &Associates) 5.1c Zone Change 05-0519 (McIntosh &Associates) The public hearing is opened. Staff report given. Bruce Grow with RBF Consulting gave a presentation. No one spoke in opposition to Staff's recommendation. Mike Ryder with JM and Santa Barbara Capital stated that the map presented is the same as the community development project, but from an applicant position it is what is going on from the ground. He pointed out that the green area is land that is already committed and basically not available for further subdivision, and pretty much everything north of Taft Highway is already committed. Mr. Ryder pointed out that the project is uniquely shaped, but that it is not abnormal for the area south of Taft Highway which is heavily parcelized. He stated that they have tried to contact everybody in this section. He stated that the Romero and Banducci families are really the only two families out there. He stated that both of these properties along with the smaller 10-acre seem logical, and this area is developing and delivering homes over the next one to two year period, and that Centex's property will probably delivery homes over the next three years. He stated that their homes will probably be delivering homes in a two year horizon out to four or five years after that. Therefore, he feels that it is in line and makes sense. He further pointed out that there is a lot of planning energy moving south with the sphere and the sport's facility and a regional sewer system being planned along with the beltway. He stated that they tried to get more than the 460 acres, and felt that more was better from the standpoint of master planning. Roger McIntosh presented a sphere of influence map to show that this is not a leap frog development. He further pointed out that there is a major sport's facility planned between Ashe and Gosford which will bring a lot of people to the area, and require services to be extended to that area, as well as to all of the other development that is occurring. He also showed the cumulative projects as of June 12th. Mr. McIntosh pointed out that the piece that is a Centex parcel was recently approved as a subdivision map within the last month, and gives this project a substantial amount of frontage. The Centex project is currently going through the annexation process and so there is much more adjacency along that property than just the little appendage that sticks up to Taft Highway. Mr. McIntosh pointed out that with respect to the traffic analysis, the darker blue area is the area that was study in their traffic impact study, and was studied for local impacts, which include those that are impacted by this project within about a five or six Planning Commission — June 15, 2006 Page 3 mile radius. He stated that that area covers 51 square miles, and goes all the way up to Stockdale Highway. Commissioner Lomas stated that it has been suggested that a short break be taken to get the overhead working. Mr. McIntosh pointed out that the sphere of influence is now all the way to Bear Mountain Boulevard which is about 3.5 miles south of the project, and pointed out the other projects that have already been submitted (Horton piece, Borba Dairy, Flying 7, McAllister Ranch, West Ming all the other smaller projects) that start going into to sphere of influence which is south of Taft Highway. Mr. McIntosh showed the area that was studied for the traffic study, pointing out the darker blue area which was studied for local impacts, which covers about 51 sq. miles. He stated that these local impacts are impacts of facilities that are not on the regional impact fee program, pointing out that those projects that are on the original impact fee program were also studied as part of the Kern Cog model, which covers the entire metropolitan area, which covers about 307 sq. miles. He stated that both of those studies were broken down into mitigation measures and improvements were identified that were needed to those facilities to keep them either at a level of service C, or to not degrade them any less than the level of service that they are today, which is the policy of the General Plan. He went on to state that they then went on to identify the cost or percent share of this project towards those improvements and that calculation is made and the fee is paid to the Public Works Department at the time of building permit, and the Public Works goes out and builds the facilities as they are needed. Mr. McIntosh stated that there was some discussion about ag land conversion, pointing out that the ag land is all around Bakersfield and the Central Valley, but there is not much ag land in the NE part of Bakersfield, nor to the west of town because most of this area is water recharge. He said that about the only way to grow within the sphere of influence is to grow into Ag land because it is unavoidable, and is an impact that hasn't been identified as significant. Mr. McIntosh further pointed out a 400 acre area that is currently being studied to provide for sewer service, which is about 1 mile south of Taft Highway. He pointed out that each property owner will pay their fair share and they are anticipating a lift station at the treatment plant which will cost in the neighborhood of 8 million dollars, and then about 2 million dollars for the trunk line itself. He said that this would constitute a logical extension of facilities to get out to this property and beyond. He stated that every conversation they've had with the property owners has indicated that they are interested in participating in it. Mr. McIntosh pointed out that the reason this is an odd shaped parcel is because there are some canals that run through a piece of property, and the unfortunately the ownerships are separated from one side of the canal to the other. He stated that they tried to get several of the property owners to participate in this planning process, but they either were not interested or wanted to wait and come in later. He stated that depending on what happens tonight, they may come in tomorrow. Mr. McIntosh stated that they did receive the June 12th memo and they are in agreement with it. He further indicated that with respect to the west and south beltway, the model that was used by Kern Cog that they had to use to analyze the traffic impacts is the 20/30 model which is a projection of what facilities will be there in the year 20/30. He stated that the system will work without the south beltway being constructed. He stated that the west beltway if being constructed as part of the trip money. The public hearing is closed. Commissioner McGinnis inquired of Mr. McIntosh about the apparent east to west line, and if it would be the southern beltway. Mr. McIntosh stated that it is the southern beltway alignment as it was adopted by the County, but since then the City has moved it about a mile south, and now the county is looking at adopting that as well, however the south beltway does not go through this property. Commissioner Spencer inquired of Staff as to the role of the sphere of influence, as he did not think it was to encourage urban growth "per se", but to protect urban development. Staff responded that a sphere of influence is an area around a city where the city has agreed and has the ability to provide Planning Commission — June 15, 2006 Page 4 urban services, and documents have been provided to LAFCO that show they have the ability to provide services such as water, sewer, etc. Commissioner Spencer shared his observation that when the sphere of influence was moved westerly and southerly there has been sudden growth in those areas, and he questions when they stop going southerly. He further inquired about the southern beltway effecting this property. Staff responded that with regard to the sphere of influence does not provide for protection of urbanization, and that because the County has also acknowledged that the southern area would urbanize, that it would have occurred regardless of the sphere of influence extension. Staff further responded that they believe Mr. McIntosh is correct in that the south beltway has been moved to south and does not affect the property. Commissioner Lomas inquired about the lack of funding of the south beltway. Mr. McIntosh responded that there is funding available through the Thomason Program, and that there is also money that has been identified in the Regional Transportation Impact Fee Program for a portion of that. He stated that he does not know if it covers all of the funding with the prices going up he does not know. With regard to the south beltway, there is no funding that he knows of, however there may be some money in the Thomas Program to do some environmental analysis, but not certainly to build the south beltway. He further pointed out that the south beltway is not included in the 20/30 model, which was run as if there was no south beltway, and the results show if the rest of the system will work and what the share of those improvements are to make that system work. Commissioner Lomas pointed out that the documents state that "According to the Traffic Engineer, the proposed project's traffic analysis also took into consideration the future Westside parkway, west beltway and the south beltway alignments." Mr. McIntosh responded that they use the Kern Cog model for analysis, and if the south beltway is not in the Kern Cog model then they don't have the information that shows that there will be any traffic on that facility, and what it will show is that all the traffic that is in this area will go on arterials, collectors and other streets that will be built. He pointed out that the only thing that was in the model that they used was the west beltway, there Kern River Expressway, 99 and other facilities, but the south beltway is not in the model, and therefore, not in their analysis. Commissioner Lomas inquired whether the Thomas funds cover CEQA requirements. Staff responded that with an adequate time frame it does, and the city has a time frame for the improvements on those roadways. Staff commented that the response may need to be reworded. Break Taken. Bruce Grove with RBF presented revised language with regard to the funding of the south beltway. "As indicated on page 14-71, the west beltway is currently being reserved; however, no funding has been set aside for design or construction." This is inaccurate based upon the comments from Mr. McIntosh. It is being funded as part of the Thomas Program, and, in fact, right-of-way has been reserved for the project, and the project will be moving forward into final construction documents this summer, and that phase of the project will be initiated. Mr. Grove stated that with respect to the south beltway alignment and it being considered in the model, it is not being considered in the model, and it's currently in the unfounded circulation improvements, and therefore if it pleases the Commission and the City Attorney, the revised language shall read as follows: 1) page 14-71, first paragraph, first sentence, remove "and south beltway." 2) second paragraph, last sentence, "unfounded" should be removed and replaced with "unfounded." 3) page 14-71, last paragraph, last sentence; "the south beltway" should be stricken. With respect to the west beltway, it should also read: "The right-of-way for the west beltway is currently being reserved and funding has been set aside for design and construction." So it should read, "However, funding has been set aside for design and construction." So the word "no" on the third line there should be stricken, and the word "or" on the fourth line of the first paragraph between "design or construction" should be changed to "and." Commissioner Blockley moved, seconded by Commissioner Spencer, to adopt a Resolution making CEQA findings per sections 15091 and 159093 of State CEQA Guidelines approving mitigation measures and mitigation monitoring and reporting, and recommending certification of the final EIR for GPA/Zone Change 05-0519, to City Council, with the incorporation of the memo from the Planning Department from Mr. Movius dated June 12, 2006, and with the corrections previously indicated by Mr. Grove. Motion carried by the following roll call vote: Planning Commission — June 15, 2006 Page 5 AYES: Commissioners: Blockley, McGinnis, Spencer, Tragish, Lomas NOES: None ABSENT: Commissioners: Johnson, Tkac Commissioner Blockley moved, seconded by Commissioner McGinnis, to adopt a Resolution approving the requested General Plan Amendment to change the land use designations from R-IA to LR (low density residential) on 457.06 acres, and from RR (rural residential) to LR on 9.78 acres, incorporating the memo from the Planning Department from Mr. Movius dated June 12, 2006, and with the corrections previously indicated by Mr. Grove. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, McGinnis, Spencer, Tragish, Lomas NOES: None ABSENT: Commissioners: Johnson, Tkac Commissioner Blockley moved, seconded by Commissioner McGinnis, to adopt a Resolution approving the requested Zone Change from A (agriculture zone) to R-1 (one family dwelling zone) on 275.25 acres from A to R-1-PUD (one family dwelling zones/planned unit development zone) on 181.81 acres, and from R-S-20A (residential suburban) to R-1 on 9.78 acres, incorporating the memo from the Planning Department from Mr. Movius dated June 12, 2006, and with the corrections previously indicated by Mr. Grove. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, McGinnis, Spencer, Tragish, Lomas NOES: None ABSENT: Commissioners: Johnson, Tkac 5.2a General Plan Amendment 05-1377 (Dunmore Communities) Heard on consent calendar. 5.2b Zone change 05-1377 (Dunmore Communities) Heard on consent calendar. 5.3a General Plan Amendment 05-1479 (McIntosh &Associates) 5.3b Zone Change 05-1479 (McIntosh &Associates) Public hearing is opened. Staff report given. No one spoke in opposition to Staff's recommendation. Lloyd Norton stated he is a member of the church which is immediately east of the subject parcel, and indicated they are in support of the GPA and zone change. He stated that they were concerned that they have the ability to access the property through street connections, which would eventually lead to sewer and water. He stated that they are in support of being annexed. He stated that they would like the street access on the easterly side of the subject property be approved by the Planning Commission at the tentative map stage so that input can be made as to how the street connection, sewer and water will access his property to the east of this subject property. Roger McIntosh with McIntosh &Associates, representing Centex Homes, stated they would like to work with Mr. Norton regarding his concerns. Planning Commission — June 15, 2006 Page 6 (The record was reflected to show that Mr. Tkac has arrived.) Mr. McIntosh further commented that they are in agreement with Staff's memo in that they will work with the church to provide access and utilities, but they would like to add language that the access points be determined at the time of tentative map. He stated that the applicant does not want all the church members to be going through the neighborhood, and are concerned with Taft Highway being a State Highway and limited access. Mr. McIntosh stated that with regard to the gap parcel and frontage improvements along the gap, their project comes down and has a little bit of frontage (about 100`) and about 200' that the developer does not own. He stated that they do not want to be required to do full improvements in front of the property which is not the applicant's. He suggested language from "construct full improvements"to read "construct one additional lane." The public hearing is closed. Commissioner Lomas inquired why the language "at the points are determined at tentative map" needs to be added, as there does not need to be any other choices. Staff responded that it does not need to be added because that is when it would be determined. She further inquired about the improvements in front of the small parcel and Mr. McIntosh's comments about improvements to Taft Highway. Staff responded that Taft Highway is designated as an expressway; however she is not aware of anything from CalTrans that indicates that they have plans to construct it as an expressway at any time in the foreseeable future. Commissioner Lomas pointed out that this Commission has tried to look ahead and attempt to keep the improvement contiguous. She stated that she still feels the full improvement is needed. Commissioner Tkac stated that he will not participate in this particular agenda item since he did not hear it all. Commissioner Blockley stated that he does not see a reason not to have full improvements on Taft Highway. Commissioner Blockley moved, seconded by Commissioner McGinnis, to adopt a Resolution making findings approving the Negative Declaration and approving the General Plan Amendment to change the land use designation from RR to LR on 8.92 acres as shown on Exhibit A-2 attached, and recommend the same to City Council, and incorporating the memo dated June 12, 2006 from Marian Shaw. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, McGinnis, Spencer, Tragish, Lomas NOES: None ABSENT: Commissioners: Johnson, Tkac Commissioner Blockley moved, seconded by Commissioner McGinnis, to adopt a Resolution making findings approving the Negative Declaration and approving the zone change from A to R-1 on 8.92 acres as shown on Exhibit A-2 attached, and recommend the same to City Council, and incorporating the memo dated June 12, 2006 from Public Works. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, McGinnis, Spencer, Tragish, Lomas NOES: None ABSENT: Commissioners: Johnson, Tkac Planning Commission — June 15, 2006 Page 7 5.4a General Plan Amendment 05-1783 (McIntosh &Associates) 5.4b Zone Change 05-1783 (McIntosh &Associates) The public hearing is opened. Staff report given. No one spoke in opposition to Staff's recommendation. Roger McIntosh with McIntosh & Associates, representing Fairfax Holdings, stated that this application has the same condition that was placed on it at the pre-meeting. He stated that this is quite different then the previous application, in that the frontage improvements that are being requested are quite significant and substantial. He stated that he doesn't call this a gap project, but a cesium project. He stated the distance from a point to Fairfax Rd. is about 1320 feet, and the distance along the so-call "gap" area is about 1,000 feet, and this 1,000 feet is not owned by the current developer. He pointed out that the improvements to the 1,000 feet would cost approximately $250,000, which is like taking $250,000 from one property owner and giving it to another property owner. He surmised that once this area starts developing, and there is a high school that is planned and under construction to the west of Fairfax Rd, the whole area will start developing and the parcels will become very valuable, and anybody that wants to develop the parcels can come in and put the frontage improvements in. Mr. McIntosh stated that they have no problem with paying their fair share of the canal crossing on the east end of Redbank, but they are adamantly opposed to having to put in 1,000 feet of off-site improvements to benefit someone else. The public hearing is closed. Commissioner McGinnis stated that he is sympathetic to Mr. McIntosh. He inquired of Staff if there is anything they can do in a situation like this. Commissioner Lomas inquired if the referenced three or four parcels would be required to make full improvements just going to the Building Department. Staff responded that there are at least three parcels and if they were in the City and wanted to come in now and get permit for a single family residence, the city ordinance would require that they bring all off-sites up to standards with the issuance of a building permit. Commissioner McGinnis inquired where this leaves the applicant's situation, and if the applicant could receive some sort of tax credit because of the improvements they are being required to make on someone else's property. Staff stated that they are already required to participate in formation of a major bridge and thoroughfare district, which is a way to reimburse them for the full improvements upon development of parcels that benefit from that and that could include the curb, gutter and sidewalk. Staff indicated that another alternative is the Redbank Rd. is on the transportation impact fee list, and there's one lane in each direction that would be added to this roadway, and the requirement could be scaled back to the requirement of an additional lane only that would be an impact fee credit item. Commissioner McGinnis inquired of Mr. McIntosh how those presented alternatives sounded to him. Mr. McIntosh responded that Redbank Rd. is a collector and therefore he does not believe that it is on the RTIF list, and that if it were then there could be a credit given back. Mr. McIntosh stated that because of the major bridge and thoroughfare district the canal crossing can be funded within that district He stated that they are willing to put in the frontage improvements at the east end, and at the west end all the way back to Fairfax Rd. Commissioner Lomas inquired about the existing residence to the east on Redbank, and she would like to take care of that parcel, and take care of the improvements in front of the existing developed parcel, and the rest will come with the forthcoming development. Staff responded that it would work with them. Commissioner Blockley stated that he is sympathetic to the applicant's desire to minimize their cost of improvements, however the property is subject to an annexation into the City, and the frontage property is still in the County and there has been no talk of it being annexed, and therefore he is not sure that even if it were to develop that it would come in under the City. He pointed out that the property across Redbank St is probably going to stay County. He commented that since there is a bulk of the area, in terms of acreage, between Fairfax and the east boundary of this subject property and the north south boundary, the street improvements are more or less proportional to what's being developed. He stated that he feels like even though the benefit may accrue to the people with the frontage on that piece of property, the distribution of it area wise is fairly equitable, and therefore is inclined to support Staff's recommendation. Commissioner Tragish stated that he support Staff's recommendation as evidenced by the June 12, 2006 memo from Marian Shaw regarding the improvement of the entire frontage along Redbank Rd. He stated Planning Commission — June 15, 2006 Page 8 that this is still primarily an agricultural area, and secondly the comments by Commissioner Blockley are on point, as we are not on an upwardly moving real estate market. He further stated that he sees these kinds of projects come through and thinks that it has to be factored in that where there are gaps in the property line bordering a collector, arterial, or local that the developer is going to have to be responsible to maintain the integrity of that street. Commissioner Lomas inquired if the parcels were brought in under County jurisdiction if improvements would be required. Staff responded that the County does not have similar regulations. Commissioner Blockley moved, seconded by Commissioner Spencer, to adopt a Resolution making findings approving the Negative Declaration and approving the General Plan Amendment to change the land use designation from RR (rural residential) to SR (suburban residential) and ER (estate residential) to LR (low density residential) on 89.5 acres as shown on Exhibit A-2 attached, and recommend the same to City Council, incorporating the June 12, 2006 memo from Marian Shaw, and the conditions attached thereto. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None ABSENT: Commissioners: Johnson Commissioner Blockley moved, seconded by Commissioner Spencer to adopt a Resolution making findings approving the Negative Declaration and approving the Zone Change from R-S-1A (residential suburban 1 acre minimum)to R-1 (one family dwelling) on 4.65 acres and RS-2.5 A (residential suburban on 2.5 acre minimum to R-1 on 13.12 acres, and County A-1 (limited agriculture) to R-1 on 67.66 acres, and County NR-5 (natural resources-five acres) to R-1 on five acres as shown on Exhibit A-2 attached, and recommend the same to City Council, incorporating the June 12, 2006 memo from Marian Shaw, and the conditions attached thereto. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None ABSENT: Commissioners: Johnson 5.5a General Plan Amendment 05-1887 (Marino &Associates) 5.5b Zone Change 05-1887 (Marino &Associates) The public hearing is opened. Staff report given. Teri Bjorn with the Kronick Moskovitz firm, representing Mel Heinemann who owns the 20 acres on the south portion of this property, with an option on the north 20 acres currently owned by the Haddad's. She stated that their disagreement is not based primarily on legal issues, but rather on policy and planning issues that they believe can persuasively be argued in favor of the proposed 40 acre project. Ms. Bjorn gave a presentation of the project. She pointed out that the only real issue is the appropriate set back distance from the City's waste water treatment plant, #2, which is located to the northeast of the project. She stated that City Staff is steadfastly sticking to a policy of '/ mile set back distance relying on several factors, which include: 1) the Metropolitan Bakersfield General Plan Goal #3, which, "to accommodate new development which is compatible with and compliments existing land uses." 2) Staff's reliance on recommendation from a waste water treatment odor expert, and they have not seen a copy of any oral or written report. 3) Staff is relying on the planning precedent surrounding strict application of a '/ mile setback around its treatment plant#3 in the southwest. She stated that just as important as the setback distance itself is where the setback is measured from. She stated that the first policy that they saw from Public Works measure the setback from the tanks, which is the odor source. She stated that it is their understanding that the current policy Planning Commission — June 15, 2006 Page 9 from Public Works is now measuring the setback from the outside boundary of the area identified for potential expansion of the plant to the south in the direction of their project. She pointed out that strict application of this setback policy, and measurement from the potential expansion project boundary, will devastate this 40 acre project as proposed. She demonstrated where the setback will cut into the 40 acre project, and how it will significantly impact an alternative proposed project that's been set forth for the south 20 acres only. She further commented that probably more importantly, imposition of this line will negatively impact the ability to develop the north 20 acres with anything other than heavy industrial uses, which are not needed, wanted, or appropriate for this area. She stated that they are requesting that the Planning Commission consider certain alternatives, Metropolitan Bakersfield General Plan Goals, their own odor expert testimony and written report, and some alternatives for a set back distance and where it is measured from, including looking at what is done in other communities, and including asking Staff to study alternative areas for expansion of its plant, perhaps to the north or east, away from existing and planned housing. She stated they also request that the Planning Commission recognize that there are unique and different planning issues to be considered for the languishing southeast area as compared to the still hotbed of development in the southwest. She pointed out that all of these considerations can support approval of the project which is needed in this area, and whose residence will not be unreasonably suffering from the adverse consequences of the nearby plant. Ms. Bjorn presented some alternative General Plan policies which they believe throws the balance in favor of project approval. 1) With respect to goal number 3, she requested that they look at goal number 1, and "accommodate new development which captures the economic demands generated by the market place. 2) Accommodate new development which provides a full mix of uses to support its population. 3) Under policy — land use, policy number 88, encourage the recycling of dilapidated and economical depressed residential neighborhoods. 4) Parks, goal, #1, provide parks and recreation facilities to meet the planning area's diverse needs. This is clearly an under park area. 5) #2 goal, supply neighborhood parks at a minimum of 2.5 acres per 1000 persons throughout the planned area. She stated that the fact that this project will provide needed and required affordable housing, and a park in a severely under park area, speaks for itself. She commented that it is also important to note that this project will eliminate unnecessary and unwanted industrial uses in an area in favor of much more needed affordable housing. She pointed out that Staff's report indicates that industrial use has had limited success in this area. Ms. Bjorn stated that their odor expert, WZI, will show that a '/ mile setback does not necessarily make a difference to protect the residences from odor, and the City from liability. (Tape 2) They requested that the Planning Commission look carefully at the 40-acre parcel versus the 20-acre project. She stated that you can get a 40-acre project with 290 units and a 6.5 acre park a cohesive well- planned development. Or, you can get 20 acres with 175 units and no park, and heavy industrial uses immediately adjacent on the north 20 acres, and what could be put on that 20 acres would be much more incompatible than odors from the treatment plant. She further commented on the strictly enforced '/ set back around the treatment plant in the southwest. She pointed out that just outside that line, which doesn't really protect anyone from odors, there are numerous residential developments that have been approved, and are pending approval, including projects on the agenda tonight. She stated that there is a difference between development in the southwest around the City's treatment plant number 2, and development in the southeast kitty-corner from a plant at issue tonight. She said developers in the southwest are still lining up to buy and develop even if properties are close to odor sources like a treatment plant, or visual and noise sources like the concrete batch plant that is in this vicinity. She stated that in the southeast there are very few developers who are willing to be the catalyst for development in this area, however Mr. Heinemann is one of those developers, and he has already bought 20 acres in the southeast, and he's ready to buy another 20 acres immediately to the north. She pointed out that Mr. Heinemann is committed to remaining the developer of this property so that he can create affordable housing and a big park. Russ Thompson the civil engineer on this project gave a presentation on the history of the project, stating that they've had Phase I and Phase II environmental studies done on this site, showing that the site is clean with some very minor issue to take care of. He emphasized the need for affordable housing and the support from Councilwoman Erma Carson, City Staff, County Staff and the Housing Authority. He pointed Planning Commission — June 15, 2006 Page 10 out that in some beach communities there are some setbacks as little as 400 feet from residential housing units. He presented an aerial view of the City of Modesto treatment plant indicating set backs and showing a set back of 625 feet which area of homes have a value of $350,000 - $400,000 range. He stated that the 1/4 mile set back is an arbitrary number, and that the initial set back line (tract 6503 Tabitha House line) has been used before and used during that project, and the expansion of treatment plant #2 does not have to be expanded to the southwest towards their project, and this project is reasonable. Mr. Thompson stated that they do have an alternative depending on how the discussion goes, as they do feel that the 290 lot subdivision is reasonable, and for discussion sake they would like to enter into the record a map that is similar to 290 lots and pulls back the residential development even further to more closely align with the Tabitha House line, and reduces the number of developable lots to 250 and it ends of generating a park that is 10.15 acres instead of 6.5 acres. He stated they are here to gain some compromise. Fred Woody with WZI presented their study. Mr. Woody stated that their odor analysis concludes that the impact to the proposed project from the nearby waste water treatment plant is considered less than significant based on complaint documents. Mr. Woody explained how the study was done. He pointed out that odor nuisance is subjective, which is why the district uses a complaint based threshold. Jim Marino, the applicant for the two property owners on this project, said this whole Cottonwood corridor is in transition. He stated that in the 1980's they tried to bring in industrial businesses to provide job, but it didn't work too well. Mr. Marino pointed out that when the Tabitha House project was approved there weren't any real concern about its proximity to the treatment plant. He stated that he thinks it makes sense to get rid of the heavy industrial in this location. He pointed out that condition 11 regarding notification would also include a waiver that would be a recordable document. Raul Rodriguez with Mary Cruz Realty stated they are in favor of this project because it will achieve people the American dream. He stated that this project will bring a lot of good to this area. The public hearing is closed. Break taken. Commissioner Tkac inquired if the sewer farm is going to be there forever, or if there's anything they can do to lower the stink down. Staff responded that plant 2 will be there for awhile, indicating that there is over 6 million gallon of capacity at that plant right now that has not been committed, and it is going to take a number of years to fill it up. Staff indicated that there are no plans to expand for a while, but it will be expanded in the future. With regard to odor control, Staff responded that there are some measures that can be taken at some considerable expense Commissioner Tkac inquired if it is appropriate to look at other communities for a fair comparison. Staff responded that they can't answer that question tonight, but advised that they can't be relied on as credible evidence to determine that there's no odor with this plant, as those cities probably all have different boundaries from each other and may be different from ours. Commissioner Tkac inquired how they respond to this issue in light of some of things that have been done in the past, and inquired if precedent has been set. Staff responded that the memo from the attorney's office indicates that the Planning Commission has some flexibility, and the Planning Commission wouldn't be deviating from formal adopted City policy should the Planning Commission decide to approve something within the buffer. Staff indicated that there was not a case presented that they have deviated from the policy, and pointed out that the Tabitha House had residential over to an area that is '/ mile away from the property line and the treatment plant. Commissioner Blockley stated it appears the applicant is asking for a different set of entitlements and that in and of itself as a GPA gives them some flexibility in terms of what the Planning Commission approves. He stated that in considering that you have to take into account the nature of the changes being proposed which is going from heavy industrial to affordable housing. He stated that he cannot see supporting this type of nice enough affordable housing project at this location. Planning Commission — June 15, 2006 Page 11 Commissioner McGinnis agreed with Staff's comment that it's not necessarily right for the southeast residents to have to live within the buffer of a treatment plant, when it is not done in the southwest and other parts of the City. He does question what they are going to do with the sand pit. Commissioner McGinnis stated that there is no ordinance, resolution or formal policy adopted as far as a '/ mile within a sewer treatment plant, and the only thing mentioned in regard to this is all the policy exceptions that have been made to that unspoken policy, and he does not see that to be a reason why the Planning Commission should continue giving examples as to why there is no policy. He stated that he thinks the project is a good project, but it's too close to the sewer treatment plant, and he cannot support it. Commissioner Tragish stated that he is in favor of affordable housing, and agrees with the fact that the City has not been successful in getting industrial in the current industrial zone, although he recognizes that some projects have been converted to residential. Commissioner Tragish commented that it boils down to a health and welfare issue, and that the memo from Mr. Sherfy indicating that it is an informal policy or rule of thumb that the Planning Department has used is helpful in situations. He stated that given Mr. Sherfy's memo consistency becomes an issue. He further indicated that one of the options he sees open for the applicant is to continue this to allow him sufficient time to read the odor analysis so he can intelligently decide what has been presented. Commissioner Tragish stated that since it is just a rule of thumb that perhaps it is time to formulate a policy. He inquired if the way the '/ is measured has been changed. Staff responded that the '/ mile buffer within this current area was, according to Staff's understanding, originally presented to be from the area of the tanks. However, they realized it was to be taken from the property which does drop the line farther down into this property. Staff pointed out that over the last year it has been clarified to Staff that the intent is to take it from the property line. Commissioner Tragish stated there is some ambiguity as to how it was measured in the past. Commissioner Tragish stated that it boils down to it is a wonderful project, but he is not comfortable with the odor measurement and would like to have an opportunity to have sufficient time to read the report, or just put it up for vote up or down. Commissioner Spencer stated that he's in support of the way Jim indicated the uses that are preferred and not preferred in this area, and to take the line from the property line as the buffer zone is appropriate. He referenced Ms. Bjorn's statements about the land use ordinance pertaining to housing, but indicated she failed to indicate public facility policies in that they are bound to protect existing facilities and the way to encourage their future expansion and with all of the development occurring in the northeast, east and south, there will need to be an expansion of the existing plant. He stated that WZI's report did not provide sufficient credibility to convince him, nor were answers to the signed petition responded to. He stated that he sees no way that he can support this document or proposal as presented. Commissioner Lomas responded to some of the points raised in the applicant's presentation. She inquired what other zonings are required in the 1/ buffer. Staff responded there could be commercial, light industrial, service industrial, or offices, and pretty much anything except residential. She commented that the southeast is developing well. She inquired of Mr. Rodriguez what the projected price is, to which Mr. Rodriguez responded that with the assistance programs they have in place, a person can get into a 1400 sq. ft house for$180,000. She further inquired about his statement that farm workers can afford to buy this type of home. Mr. Rodriguez responded that farm workers are buying $250,000 houses in the same area right now on fixed and variable rate loans. Commissioner Lomas inquired about the lines to which Staff responded that there are three, which has one that is nearest to the treatment plant showing as proposed and they did not know what that means, as that line came from the applicant. Mr. Marino put up a map to help explain the lines. Mr. Marino confirmed that the middle line is the line that he knew about from the very beginning, and that he then drew a line that he would like, and in both of those lines he drew house after discussion with staff. Commissioner Lomas pointed out that it appears the lines were drawn after discussion with staff which led one to believe that there was some room in this '/ mile. Staff responded that the applicant met with Public Works several months ago and were told that the Public Works lines, the worse case line for their development, was the one they were going to use. Mr. Marino then put up his Monday drawing. Commissioner Lomas stated that she does not have this drawing, and she inquired of Staff if it was Planning Commission — June 15, 2006 Page 12 correct that for several months the applicant has been aware that Staff was working on the outside line, to which Staff responded in the affirmative. Commissioner Lomas commented that the inner most line which is the Tabitha House line which still has properties within the setback, although not buildings it looks like yard or grounds. She inquired of Staff as to the Monday's drawing, to which Staff responded that their interpretation has been that the home cannot be located within the area, so a part of the yard could be in there. Commissioner Lomas stated the question now is what line does the Commission work with; the Tabitha House line or the Public Works line. Staff responded that it would be their opinion that it's the Public Works line. She inquired if they have to deal with M3 setback, even with the Tabitha line, to which Staff responded in the affirmative, and indicated that Staff provided some conditions for that alternative that required setbacks on the M3 portion of the property, and further indicated that one alternative that hasn't been discussed is that the developer could theoretically go back and come back with M1 on the northern portion to rezone it to M1 or something, which allows a lot of uses as well. Commissioner Lomas inquired if the setbacks would apply to the southern parcel, to which Staff responded that it would apply to the north because the plan shows a road intervening, and Staff's conditions of approval, since they are within the project boundary, would apply to the M3 portion on the north with a setback and a wall. Commissioner Lomas stated that her understanding is that the applicant only owns outright property to the south, and is in escrow with the property on the north, and inquired how that condition can be put on when the applicant doesn't own it. Staff responded that it was within his project boundary that is before the Planning Commission tonight. Commissioner Tragish stated that he does not agree with Staff to the extent that there are other uses that can be done in this buffer, because he does not believe this neighborhood lends itself to those uses mentioned. He stated that with regard to the line he sees no substantiation as to where the line should go, and he is still unclear as to Staff's reason for putting the line where it is. He stated that he cannot support this application. Motion made by Commissioner Tkac, seconded by Commissioner Blockley, to adopt a Resolution making findings denying the General Plan Amendment to change the land use designation from LI and HI to HMR on 39.29 acres as shown on Exhibit A-1 and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, McGinnis, Spencer, Tkac, Lomas NOES: None. ABSTAINED: Commissioner: Tragish ABSENT: Commissioner: Johnson Motion made by Commissioner Tkac, seconded by Commissioner Blockley, to adopt a Resolution making findings denying the Zone Change from M1 and M3 to PUD (planned unit development) on 39.29 acres as shown on Exhibit A-1 and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, McGinnis, Spencer, Tkac, Lomas NOES: None. ABSTAINED: Commissioner: Tragish ABSENT: Commissioner: Johnson Commissioner Tragish stated that he abstained from both motions because he does not believe that they've had adequate time to review the report that's been presented by the applicant and further that there's been no substantiating testimony one way or the other where the line should go. Planning Commission — June 15, 2006 Page 13 5.6a General Plan Amendment 05-1917 (Marino &Associates) Heard on consent calendar. 5.6b Zone Change 05-1917 (Marino &Associates) Heard on consent calendar. 5.7a General Plan Amendment 05-1918 (Marino &Associates) Heard on consent calendar. 5.7b Zone Change 05-1918 (Marino &Associates) Heard on consent calendar. 5.8a General Plan Amendment 05-1928 (Porter-Robertson) 5.8b Zone Change 05-1928 (Porter-Robertson) The public hearing is opened. Staff report given. Dennis McClain and family stated that they are opposed to the commercial rezoning at the corner of Snow Road and Jewetta Avenue as they feel that it is not compatible with their rural residential properties which are directly on the west boundary of this project. He stated they are upset to know that a 7-Eleven type store can go in on the corner, and it would not be smart planning next to horses with flies and dust. He stated that the zone change will make their property values go down and disrupt their rural way of life. He stated that they enjoy the piece and quiet and do not want the added noise, lighting, trash, crime and traffic that come with commercial zoning or public stores. He stated that many of the other long-term neighbors are against the zone change. He pointed out that there is another commercial zone site 'h mile down Jewetta that will have a shopping center, and therefore there is no need to have another one so close. He stated he thinks they should leave the property zoned ER and build a house or two on it. He requested denial of the zone change as this piece of land is just too small for this type of zoning. He pointed out that the map does not show the future Jewetta Avenue or the actual width for the Calloway canal which would make this land even smaller. Roland Vandevall with Porter Robertson Engineering and Surveying stated they are the applicant on this project. He stated they have reviewed the staff reports, conditions of approval and the memos dated June 15, 2006 and June 12, 2006, and are in full support of those, with the exceptions of the improvements along the off-site property that is not subject to this project. The public hearing is closed. Commissioner McGinnis inquired of Staff if it is possible with the way this project has been presented to approve the complete project being rezoned for residential purposes. Staff responded in the affirmative. Commissioner McGinnis pointed out two alternatives: 1) Rezone the entire thing for residential and let the applicant come back in after the canal has been realigned to get a five acre parcel out there, which is probably the minimum for commercial zoning. 2).Cover the canal of approximately 300' width, and end up with a 6.79 acres and put a decent size commercial in that area. He pointed out that the applicant meets the criteria as far as the distance between other commercial shopping area. He further stated that he cannot see rezoning 2.7 acres and making it a viable piece. He stated that he would be in favor of going with straight residential on the complete parcel, but not as it's written right now. Commissioner Blockley stated that he sees some real value in Commissioner McGinnis' suggestion, and noted that in the SW part of town there have been several cases where they've seen canals relocated to the corners of the property to simply allow more residential development of the same kind as proposed in the rest of the tract. Commissioner Lomas read the GP and the requirement for commercial designation. She stated that if the canal is relocated to the northern boundary over 2.5 acres, however if the canal is covered then they just barely get a five acre parcel. Therefore, she stated that the most logical solution to what they are dealing with currently is what Commissioner McGinnis suggested. Planning Commission — June 15, 2006 Page 14 Commissioner McGinnis moved, seconded by Commissioner Tkac, to adopt a Resolution making findings approving the Negative Declaration approving a General Plan Amendment to change the land use designation from R-1A (resource intensive agriculture) to ER (estate residential) to SR on the entire parcel, and recommend the same to City Council, incorporating Public Works memo dated June 15, 2006 and the Planning Department memo of June 14, 2006,with the exception of deleting condition 21. Commissioner Tragish asked for clarification with respect to deleting the commercial portion of the motion. Staff responded that they are including the commercial piece of property as zoned SR, so the commercial is still with the project description, but it's going to be zoned the same as everything else (the residential). Motion carried by the following roll call vote: AYES: Commissioners: Blockley, McGinnis, Spencer, Tkac, Lomas NOES: Tragish ABSENT: Commissioner: Johnson Commissioner McGinnis moved, seconded by Commissioner Tkac, to adopt a Resolution making findings approving the entire parcel of Negative Declaration approving a Zone Change A (agriculture) to E (estate) for the entire parcel of land presented, and recommend the same to City Council, incorporating Public Works memo dated June 15, 2006 and the Planning Department memo of June 14, 2006, with the exception of deleting condition 21. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, McGinnis, Spencer, Tkac, Lomas NOES: Tragish ABSENT: Commissioner: Johnson Commissioner Tragish commented that his No votes is because he agrees with the original analysis and does not see any sense in putting a canal down the middle of a residential neighborhood, and that it does lend itself to a commercial development because of the shape and because of the interference of the canal through the project. 5.9a General Plan Amendment 05-1932 (SmithTech/USA) Heard on consent calendar. 5.9b Zone Change 05-1932 (SmithTech/USA) Heard on consent calendar. 5.10a General Plan Amendment 05-1947 (Banducci Land, LLC) 5.10b Zone Change 05-1947 (Banducci Land, LLC) The public hearing is opened. Staff report given. Commissioner Lomas noted that Councilman David Couch was present to hear item number 5.8. Ana Dezember stated that they own Structure Cast which is the free cast concrete company manufacturing facility referred to. She stated that for clarification they are located on McCutchin Road, just off of Gosford. She stated that that she wanted to bring to public record a document that was sent to all of the Commissioners and City. She stated that they are not opposed to the General Plan Planning Commission — June 15, 2006 Page 15 Amendment, but their concern is more that they've been operating at this location and it is the Planning Commission's obligation to protect existing facilities and their uses, as stated by one of the Commissioners previously. She stated their company has early hours with heavy equipment and lots of major trucking in and out of their location. She stated that they did meet with the applicant in December of 2005 in a County application, but have had not contact with the applicant until they received a letter two days ago. She stated that the letter that they received was addressed to Golden Empire Concrete, who was listed as their partner. She stated that Structure Cast has no partnership or shared ownership with Golden Empire Concrete at all, and therefore the letter that was sent really has nothing to do with Structure Cast. Consequently, there is nothing to protect and mitigate some of the negative impacts that this proposed development will have on their company, Structure Cast. She stated that they want to make sure that there is compatible use and that the negative impacts are truly mitigated. Tim Kleir stated he is present as an applicant and an owner, along with his partner Brian Banducci; He gave some background on the project. He stated that they recognize the concerns of the neighbors to the north. Mr. Kleir stated that from the beginning he and Mr. Dezember spoke, and it wasn't until six days before the County Planning Meeting that he received a letter from Mr. Dezember, stating that on behalf of himself and Golden Empire they were not going to stand in the way of the project. He indicated that Mr. Dezember's conditions were the same as Mr. Ravoni and Mr. Judkins'. Mr. Kleir said the County Board of Supervisors rejected the project because they thought it was premature, and that there might be problems with the sewer treatment plant. He further indicated that he met with Golden Empire's attorney and it was explained to him that there is a symbiotic relationship. He also indicated that in his further attempts to contact Mr. Dezember, none of his phone calls were returned. He stated thereafter he went to Golden Empire's attorney, and at that point Golden Empire advised that Brent Dezember does not talk for them. Mr. Kleir stated that they cut a deal with Golden Empire that was the same as Mr. Ravoni and Mr. Judkins cut with them, and that deal has the same conditions that the city asking in their conditions. Mr. Kleir stated that he has a signed agreement with Golden Empire Mr. Kleir stated that in reference to an agreement referred to by Mrs. Dezember, what happened was they sent the agreement that was reached with Golden Empire to Mr. Dezember because Mr. Dezember has asked what was going on. Mr. Kleir stated that they have done everything that they can possibly do to be good neighbors. The public hearing is closed. Commissioner McGinnis inquired of Ms. Dezember about the correspondence relating to Golden Empire, and she confirmed that there is no relationship between the two companies. He requested an explanation of the sentence, "Golden Empire Concrete Products, Inc., doing business as Structure Cast," in Mr. Dezember's letter to the Planning Commission. Mrs. Dezember explained that that the corporate name is Golden Empire Concrete Products, Inc., and they do business as Structure Cast. She explained that they use to own Golden Empire Concrete, but they sold it, and currently have no ownership in the company. Mr. McGinnis inquired if she is aware of the conditions eluded to by Mr. Kleir with respect to Golden Empire. She stated that they just received it on the 12th and referred it to their legal counsel. She stated that in their cursory review the conditions are similar, but in the other project what they are offering and what they will do is not have any backyard frontage up to the property line, which they consider living space. She stated that their agreement is limited to single story homes with 100' set back, as well as frontage on the front door to the street and then to the property line. She stated that she did not see this issue addressed in their proposal. She stated that this is definitely one of the concerns that they would like addressed. She further added that Golden Empire Concrete has a different frontage on their property line then they do on their's as they have a PG&E easement. Mr. McGinnis inquired if the applicant agreed to their frontage issues, if they would be in agreement with the application, to which Mrs. Dezember stated they would. Commissioner McGinnis inquired of Mr. Kleir stated that in response to Mrs. Dezember's above comments, they have not even submitted a tentative map. He pointed out that they have the same set back. He said the other agreements that have been entered into do not include an agreement as to how lots are to be turned, or how the houses are to be faced. He stated part of how they configure the houses will depend on what the neighbors do. He stated that they want to do what makes sense for the general planning mode for that area. Planning Commission — June 15, 2006 Page 16 Commissioner McGinnis pointed out that with the setbacks and a wall he doesn't know how that has a great deal of bearing on how the houses face once those requirements are completed. Mr. Kleir stated that he does not know how the houses will face, and pointed out that it would be impossible to put any trees there because there's a street that abuts the wall. He stated they would like to have trees there for aesthetics, coverage and sound barrier. Commissioner McGinnis stated that trees area a good mitigation measure in these situations. Commissioner McGinnis inquired of Staff if the conditions being applied to this applicant are any different then the previous ones. Staff responded that they are pretty much the same. Staff did point out that some of the previous ones are in different circumstances, put overall they are the same. Commissioner McGinnis inquired about the setback and any stipulations as to planning in the boundary line. Staff responded that there were no stipulations, but it could be in somebody's backyard, and would like to know about the strip of trees mentioned by Mr. Kleir. Mr. Kleir clarified that he wasn't talking just about a strip of trees, because the engineer explained to them that you don't want to create anything the city or county has to maintain, and hopefully it would be the backyard of a house rather than a strip, and that can certainly be a condition. Staff responded that they are not concerned if the trees are in the backyard, and the 100 buffer to the structure gives them plenty to do whatever type of landscape they wish to do in the rear yard. Staff further indicated that they would not be interested in anything that would have to be policed. Commissioner Tkac inquired of Mr. Kleir what they need to do to get this to come together to move both parties forward. Mr. Kleir responded that he believes Mrs. Dezember is referring to a map in the Ravoni agreement, but believes their proposal, which is a little different, is better. Mrs. Dezember responded that there is still going to be another 20' of crane exposed over the 10' wall. She stated that they have McCutchin to separate from a development. She pointed out that on other development there is no backyard living space. Commissioner Tkac stated that he is okay with the agreement between Golden Empire Concrete and Structure Cast. He stated that there are a few underlying currents that need to get taken care of, and doesn't know if a continuance would be helpful. Commissioner Blockley commented that he is intrigued by a 100 buffer as the backyard because that would be a deep backyard. He further stated that he is familiar with the operations of Structure Cast. He requested Mr. Kleir to address the visuals on the yards. Mr. Kleir explained that the yard will be 100 ft. deep with a 10' block wall covered with vines and have trees. He further explained behind the wall is a 20 ft. PG&E easement, which is 20 ft. before Structure Cast begins. He further explained that when you have a barrier in front of you, the closer to the barrier that's taller than you, the less you can see. The farther you go the more you can see above the barrier. Mr. Kleir stated that in that 100 ft. yard, the angle will provide zero visibility even without the trees because of the angle. He said if you do what's on that drawing and put houses back farther, the houses that are back farter are going to be able to see over the wall. He said that it is not going to be an unpleasant experience. He said with respect to noise he has to leave that to the experts. He also pointed out that most of the activity is located on the other end towards Mr. Ravoni's property that's already been approved. Commissioner Blockley stated that some of the other aspects of the operation have to do with the nature of the site where products are made to order, and inquired about the dust issues. Mrs. Dezember stated that their plant site is not paved. She indicated that they do large architectural structures, precast wall panels, and well as storm water, waste water treatment systems, which are all custom items, but they manufacture those continuously on a daily basis. She stated that they do have ongoing items that are coming in and out with quick turn around on a daily basis, in addition to larger type projects of wall panels. Commissioner Blockley inquired about any sandblasting operation that would produce dust, as well as noise. Mrs. Dezember stated that depending on what the custom treatment is on the wall panel, they may do sand blasting, or acid etching with high powered machinery. Commissioner Lomas inquired how the uses have been addressed in the previous projects and the hardship it might cause to the neighbors. Staff stated they don't have an answer to the acid etching referenced, and would have to see if the EIR for the property to the north addressed acid etching. Planning Commission — June 15, 2006 Page 17 Commissioner Lomas inquired if a continuance is needed to look at these issues. Staff responded that it could be continued for two weeks. Commissioner Lomas inquired about the Agenda referencing McKee rather than McCutchin and any noticing problems. Staff responded that it does not as the advertisement is correct as McKee is the southern boundary of the project area before the Planning Commission, and McCutchin is the boundary for the batch plant, but the batch plant is not the project. Commissioner Lomas stated that it was her understanding that the agreement reached was almost the same given what each site had to deal with. Now, Mrs. Dezember indicates that she did get this but three days ago. She inquired about the backyard issue on the property to the west and the city was going to maintain a row of trees. Staff responded that there was a conceptual layout that showed a street separation as a possible way to solve the 100' buffer, but there was never a discussion regarding maintenance, or that there was a requirement that a street be there. Commissioner Lomas commented that a 100' set back is big, along with the 20' setback on the other side of the wall, with a 10'wall, makes a good improvement, and does not think having the front yards face the batch plant makes any sense. She further inquired if there are adequate disclosures to the new homeowners in this subdivision to disclose the batch plant. Staff responded that condition 17 provides for a disclosure provision for everybody within the subdivision. Commissioner Lomas stated that they have already approved three subdivisions, and this current one is probably the closest in conditions to the parcel to the west. She stated that there should be consistency with the previous applicants. Commissioner Blockley moved, seconded by Commissioner Tkac, to continue this agenda item to the July 6, 2006 hearing for consideration and review of the material presented. Motion carried by the following roll call vote: AYES: Commissioners: Blockley, McGinnis, Spencer, Tkac, Tragish, Lomas NOES: None ABSENT: Commissioner: Johnson 6. COMMUNICATIONS: None. 7. COMMISSIONER COMMENTS: Commissioner McGinnis stated that with regard to road improvements if there can be some committee to resolve these issues. Ms. Shaw stated they will address this. 8. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned at 10:34 p.m. Dana Cornelius, Recording Secretary JAMES D. MOVIUS, Secretary Planning Director July 12, 2006