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HomeMy WebLinkAbout08/02/01 AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall ThursdaY, August 2, 2001 5:30 p.m. 1 ~ ROLL 'CALL NOTE: STEPHEN BOYLE, Chairman RON SPRAGUE, Vice-Chairman MA THEW BRADY DA VID GA Y ~ TOM MCGINNIS JEFFREY TKAC MURRAY TRAGISH Agendas may be amended up to 72 hours prior to the Planning Commission meeting. A final agenda may be obtained from the Planning Department 72 hours prior to the meeting. PUBLIC STATEMENTS ANY PERSONWHOSE NAME APPEARS ON THE AGENDA OR WISHES TO SPEAK REGARDING A PUBLIC HEARING NEED NOT FILL OUT A SPEAKER'S CARD. ALL OTHERS WISHING TO SPEAK BEFORE THE COMMISSION MAY FILL OUT A SPEAKER'S CARD AND PRESENT IT TO THE SECRETARY PRIOR TO COMMENCEMENT OF THE MEETING. NOTICE OF RIGHT TO APPEAL Planning-Commission decisions on Zone Changes, Parcel Maps and Tentative Subdivision maps are subject to appeal by any interested person adversely affected by the decision of the Commission. No permit shall be issued for any use involved in an application until after the final acceptance date of appeal. The appeal shal include the appellant's interest in or relationship to the subject property, the decision or action appealed and shal. I state specific facts and reasons why the appellant believes the decision or action of the Commission should not be upheld. Such appeal must be filed in writing within 10 days from date of hearing, addressed to the City Council, cio Office of the City Clerk, 1501 Truxtun Avenue, Bakersfield, CA 9330'1. A $334 non- refundable filing fee must be included with filing of the initial appeal for those appeals filed by the applicant or any person outside the notice area. All appeals filed on land divisions will require a $334 non-refundable filing fee. If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within .the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final. A~enda, PC, Thursday - Au~lust 2, 2001 Page 2 3. · CONSENT AGENDA ITEMS - (marked by asterisk ) These items will be acted on as a group without individual staff presentations if no member of the Planning Commission or audience wishes to comment or ask questions on a case. The items are recommended for approval by staff. The applicant has been informed of any special conditions and has signed an agreement' to conditions of approval and requested to be placed on the consent agenda. If anyone wishes to discuss or testify on any of the consent items the item(s) will be taken off consent and will be considered in the order on the agenda. If not, the public hearing will be opened and-the items acted on as a group. 3.1) 3.2) Agenda Item 4) - ApProve June 7, 2001 Planning Commission minutes. Agenda Item 5) - Extension of Time for Tentative Tract 5696 (Coker EIIsworth, Inc) APPROVAL OF MINUTES. Approval of minutes of the regular meeting held June 7, 2001. (Ward 3) PUBLIC HEARING - EXTENSION OF TIME for Tentative Tract Map 5696 (2"d Submittal) (COker EIIsworth, Inc.) Containing 17 lots on 7.19 acres, zOned R-1 (One. Family Dwelling); located 600 feet east of Fairfax Road at Highland Knolls Drive. (Negative Declaration on file) RECOMMENDATION: APPROVE - Group Vote. ' 5.1 DISCUSSION ON CHANGE OF STATUS OF THE KERN RIVER FREEWAY AND ITS' AFFECT ON ENVIRONMENTAL DOCUMENTS. 6.' PUBLIC HEARINGS - VESTING TENTATIVE TRACTS 6.1) Vesting Tentative Tract 6045 (Mclntosh & Associates) A proposed subdivision containing 32 lots for single family residential purposes, and 1 lot for a well site on 13.47 acres, zoned R-1 (One Family Dwelling); a request to allow for private streets; and waiver of mineral rights signatures pursuant to BMC 16.20.060 B.1.; generally located % mile west of Buena Vista Road north of White Lane (extended), on the northwest corner of Chamber Blvd. extended) and future Windermere Street. (Negative Declarat~0n on file) Agenda~ PC, Thursday - August 2, 2001 Page 3 (Ward 4)\ (Ward 4) 6.2) (Continuedfrom April 19, May 3 & 17, June 7 & 28 and July 19, 200'1) RECOMMENDATION: APPROVE Group vote Vesting Tentative Tract 6046 (Mclntosh & Associates) A propOsed subdiviSion Containing 48 lots on 20.83 acres for single family residential purposeS, zone R-1 (One Family Dwelling); a request to allow maximum block length to exceed 1,000 feet, a reverse corner lot; and waiver of mineral rights signatures pursuant to BMC 16.20.060 B.1 .; generally located % mile west of Buena Vista Road, north of White Lane (extended), on the southwest corner of Chamber Blvd. (extended) and future Windermere Street. (Negative Declaration on file) (Continued from April 19, May 3 & 17, June 7 & 28 and July 19, 2001) RECOMMENDATION: APPROVE ' GrouP vote 6.3) Vesting Tentative Tract Map 6056 (Porter-Robertson) A proposed phased tentative subdivision containing 327 lots on 100 acres for purposes of single f~amily development, zoned R-1 (One Family Dwelling) includ!ng a request for alternate lot and street design and request to waive mineral rights signatures pursuant to BMC 16.20.060 BI. (Negative Declaration on file) (Ward 4) RECOMMENDATION: APPROVE Group vote PUBLIC HEARING - ZoneChange No. P01-0539 - Grocery Store/Fuel Islands (Hopper Properties, L.P.) A request to change the zoning from C-2 (Regional Commercial) to PCD (Planned Commercial Development) zone on 4.3 acres to allow a 53,910 square foot grocery store and fuel islands and a request for a modification of the parking requirement to permit a reduction in the number of standard parking spaces from 180 spaces to 161 spaces and to allOw 46 compact parking spaces: The total *numbe~ of parking spaces provided will be 201 spaces where 180 spaces are required '. by ordinance; located at-110.1 Union Avenue (southwest corner of Union.Avenue and California Avenue)._ (Negative Declaration on file) (Ward 1) RECOMMENDATION: APPROVE Roll Call Vote Agenda; PC, Thursday - August 2, 2001 Page 4 COMMUNICATIONS A) Written B) Verbal o COMMISSION COMMENTS A) Committees 10. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING. 11. July 30, 2001 ADJOURNMENT Council chambers, City Hall, 1501 Truxtun Avenue ROLL CALL Present: Commissioners Boyle, Brady, Gay, McGinnis, Sprague, Tkac, T~agish Absent: ' None AdVisory Members: Ginny Gennaro, James D. Movius, Steve Walker, Jack Leonard Staff: Jennie Eng, Patti Hock PUBLIC STATEMENTS: None CONSENT CALENDAR: Commissioner Tkac indicatedthat- he reviewed Monday's tape. Commissioner Sprague conflicted out of item 3.2 (Agenda Item 5). 3.1) Agenda Item 4) - Approve June 7, 2001 Planning Commission minutes; 3.2) Agenda Item 5) - Extension of Time for Tentative Tract 5696 (Coker EIIsworth, Inc) Motion-made by Commi§sioner Brady, Seconded by Commissioner McGinnis, to.approve Consent Agenda Items.. Motion carried. CommisSionerSprague stated there is a request for a continuance on Agenda Item 7 and he made a motion to move that item up.to be heard prior to 5.1 on the Agenda. Seconded by CommissionerTkac. Motion carried. See Consent Agenda See Consent Agenda PUBLIC HEARING - Zone Chan.qe No. P01-0539 - Grocery Store/Fuel Islands (Hopper Properties, L.P.) ~ Staff advised that there has been a request for a continuance·to the September 6, 2001 Planning Commi'ssioner hearing to worl~ out issues with neighbors. Public portion 0f the hearing was opened for those in favor of a continuance. No one spoke either in favor or opposition. Public portion of the hea~ing was closed. Minutes, pC, Au~lust 2;-200I Page2 Commissioner Sprague made a motion, seconded by Commissioner Tkac, to.continue this item to the September 6, 2001 meeti9g. Motion Carried: A motion was. made by Commissioner Tkac, seconded by Commissioner Sprague, to advance to Agenda Item 6.3~ Motion carried. PUBLIC HEARINGS-- VESTING TENTATIVE TRACTS . . -6.3) Vesting Tentative Tract Map 6056 (Porter-Robertson) (Ward 4) Staff stated that there is a Memorandum from the Public Works Department dated July' 27th that they would like included in the motion if approved. Public portion of the Hearing was opened. No one spoke in opposition. Harold Robertson, with Porter-Robertson Engineering & Surveying, stated they have reviewed the staff report and concur with the conditions of approval, with the exception that they need a clarification of Planning Department Condition 25. This condition refers primarily to improvements to the multi-purpose trail construction only within the limits of a phase, as it is constructed. Public portion of the hearing was closed. Staff stated that the clarification is appropriate. "Prior to recordation of each final map". 'Applicant stated that that would satisfy their concern. Commissioner Brady~made a motion, seconded by Commissioner McGinnis, to approve and adopt the Negative Declaration and approve Vesting-Tentative Tract Ma p 6056 with findings and conditions set forth in the attached Resolution Exhibit "A" with the modification to Planning Department Condition 25 by replacing the fifth word which is "a" with the word-"each" and adopting the.July 27, 2001 memorandum from'Marion Shaw to the Planning Commission. Motion carried. PUBLIC HEARINGS -.VESTING TENTATIVE TRACTS 6.1) 6.2) Vesting Tentative Tract 6045 (Mclntosh & Associates)-and Vesting Tentative Tr, act 6046 (Mclntosh & Associates) (Ward 4)\ Staff stated they have nothing further to add. Public' portion of the hearing was opened for those in opposition to staff's recommendation. Jeff Smith, Vice President and Director of Operations for Stream Energy stated that both of these projects will undoubtedly change how they do their operations. They feel they should, have the right as granted by the Hancock Lease to develop their minerals, and was discussed in his April 17, 2001 letter. Minutes, PC, AuguSt 2, 2001 Page3 Jim Marino, of Marino Associates, state~l that he will be talking about the booklet of information provided with the addition of an attachment to Mr. Smith's APril 17th letter and would like the Commission to think about all of the impacts. Bob JOyce, attorney, staied that the previous continuances were to prOvide applicant and Stream Energy the opportunity to come to terms to avoid the necessity of having this matter come to an open hearing, but unfortunately that did not happen. The primary and' most significant point ',of disagreement is that Stream Energy is wiling to waive and give up the balance of service rights within the 30 acres which are left of what was approximately 50 years ago an oil field known as the Canfield Oilfield, which encompasses in excess of 1300 acres. 'Over the years the surface rights as to that 1300 acres of valuable productive mineral reserves has been_shrunk down to30 acres. These two maps essentially eliminate it. So through the course of the negotiations over the last two months they have attempted to arrive at an agreement which would .carve out of the two maps two areas which would protect and preserve and in fact create an environment for the future enhancement and exploration and maximization of the mineral reserves that are in place and those efforts failed. You can't say yes when all of the questions have not been answered. Thequestion is: "Applicant, what have YOu done? What do you intend to do?-What can we do to protect this vital resource in these times of energy shortages?-' If approved Stream Energy is done and there will be no more drilling. The Canfield Oilfield 1300 acres will become zero. He requested the drilling district that they need so that there are no questions about what Stream Energy's rights are, and more significantly the applicant won't have any questions about what their rights are, and most importantly no homeowner who buys into either applicant tract will have any question as to what they are buying into. Public portion of the hearing opened for those in favor of staff's recommendation. Roger~Mclntosh, with~Mclntosh & Associates representing Castle & Cooke, Inc., stated that they are not asking for a continuance. He pointed out issues that have not been disputed. In ~1998 when Castle & Cooke applied for-a General Plan Amendment and zone change there was a section that discussed oilfields, etc., which did discuss the current wells existing at that time (wells 38 and 38X), and that the project applidant shall be required to provide setbacks from idle and producing oil wells in accordance with the City of Bakersfield Municipal Code. Applicant has no problem with this. Mitigation measures were adopted specifically as they applied for oilfields, and the following mitigation measure applies to the Buena Vista Project site only. Pursuant to the Division of Oil and Gas and Geothermal Resources, active wells and associated equipment within the project area shall be enclosed by an 8' block wall with barbed wire on the inside of the 7': level, appropriate gates shall be installed and climbable landscaping around the perimeter of the facility shall be avoided. The inside building facility shall be constructed so that potential spillage will be confined to the enclosure~ These are the responsibility of the project applicant and has never been disputed. December 18, 1997 Stream Energysubmitted a letterregarding their concerns and zoning relative to the producing wells, and the ability to operate and drill by right to be maintained over the existing leases. The applicant never disputed this. The issue of separate surface and mineral rights and the access protected to the maximum extent possible has never been disputed. This was responded-to and certified in the environmental document. In the Appendices of the Final EIR the recommendations were made: "Prior to recordation of a parcel subdivision map all oil wells shall be located either by consulting the Division of Oil and Gas or by metal detector." :There are a number of abandoned wells and every time a final map is recorded they go out and locate Minutes, PC, August 2, 2001 Page4 those Wells and make sure that'they comply with the.DOG records. "Prior to grading' all current and former drilling sumps shall be located and inventoried by inspection." The .applicant has no problem with this. "All abandoned wells under and near structures" ---- ' regarding setbacks to. future homes - the applicant complies with these provisions. "Manual wells must be uncovered." "If the property will be developed with residential uses, all wells'must be 10'" This all applies to the abandoned wells. "Access to idle and p~oducing wells should be maintained as required by DOG". · Applicant has no problem with this: By reference to the Fina EIR certified on'April 22, 1998 by the City Council, the Minutes of that meeting show that'Mr. Smith made statements in Opposition to staff's recommendation. Because of Mr. Smith's concern of his ability to continue to operate in that 30 acre lease area, and in the south half of section 12, he and Mr. Smith went outside and agreed to meet. They agreed to meet as soon as possible prior to the second reading of the R-l.zonechange. The purpose of that meeting was to try to resolve the issues and the differences to make sure that Stream's interests were ~)rotected, and Castle & Cooke~s interests were protected.. They met on April 28, 1998. ' On May 8,. 1998 Mr. Mclntosh wrote a letter to Stream reiterating their meeting of April 28, 1998 wherein it ~vas discussed that Stream Energy would provide Castle & Cooke within five Working days the-location of the first well to be drilled in the south half of section 12. They knew that they had a program to drill four wells as Stream indicated that they had a permit from DOG to drill up to four wells. This well was the first of four that was permitted and that it was intended to be drilled prior to the end of 1999. Stream was to notify the Agricultural lessee ofidrilling activities and to pay for any loss of crop damage. Castle & Cooke agreed to endeavor to provide Stream with the name and address of the agricultural tenant. It was further reiterated that Stream required approximately 1 ¼ acre drill sites with the ultimate well locations -to take up about ',4 acre and Stream would extend gathering lines to the site as needed. Castle & Cooke was to move forward with the entitlement of the:south half of section 12 in Obtaining second reading of R-1 zone' change. Stream was to.pursue an amendment to the annexation and/or drilling ordinance which grandfathered in the Canfield Ranch and will further endeavor to include the south half of section 12 in that grandfathering to expire at the end of 1999. This action was to" be pursued separately by Stream and was not to be opposed by Castle & Cooke. The action for grandfathedng was to be separate from the action of obtaining entitlements to R-1 zone.for the surface development. At that time Chapter 15.66 of the Municipal Code identified three classes of wells. ClasS three_was known as a well site and production operation within an area zoned for general manufactUring-or located within the state approved boundaries of the following stated designated oil fields regardless of the zone district or distance from dwellings or public assembly uses as defined in this chapter. At the time that the EIR was certified this was the language in Title i5. A portion of the Canfield Ranch oil field encompassing the west three-quarters of section 13 and 24: no well site and/or production operation proposed after December 31, 11999 shall automatically be considered Class three, but shall be evaluated with respect to all Class criteria in Section 15.66.030(a) in order to determine the appropriate permit class and subsequent development standards. The EIR'was certified in April 1998. Subsequent to that, in accordance with applicant's agreement with Stream, Stream initiated a change in that ordinance and it now reads: "Portion of the Canfield Ranch oil field encompassing the west three-quarters of section 13.and 24 was added the southwest qUarter of section 12, and the west half and southeast quarter of section 12 which is' known as the Canfield Ranch;. No well site and/Or production operation'proposed after December 31, 1999 shall automatically be Minutes, PC, AuguSt 2, 2001 Page 5 'considei'ed Class'three, but will be evaluated with respect to all class criteria in Section _!5.66.030(a)." This is' consistent with the applicant's agreement with Stream. Stream changed the Municipal.Code Title 15 to allow for drilling up to December 31, 1999. That was the agreement and the applicant knew that they were not going to be in the 30 acre area for some time, and they felt that it was an appropriate time to allow Stream to move forWard with their drilling program with'the four permits they had from DOG. As far as the' CEQA requirements, the project has been extensively studied, Title 15 was incorporated in the Final EIR as a mitigation measure. The mitigation measures apply to -the development standards which talks about what needs to bedone for. a Class one or - Classthr~ee well. In a' Class one well you have to put fencing of a solid masonry wall ~which is a minimum of 6' high, but. not to exceed 8' height. The mitigation measure requires 8'. Landscaping shall be required along all street frontages.' Castle & Cooke is putting the,landscaping in. Off site ~mprovements: where ad.iacent properties are similarly improved,'within 180 days of commencement of commercial production, or one year from the completion of drilling of any well, off-site improvements, including street paving, curb, gutters, and sidewalks will be put in. Castle & Cooke is putting these items in. Vehicle Routes: vehicles associated with drilling and/or production and in excess of th'ree tons shall be restricted to those public roads specified by the City Public Works Director. The'applicant has not problem with that. The applicant can provide access to the well sites in accordance with this provision. However, applicant can.not change or affect the following items in Title 15:' 1) work hours; they are committed to drill 24 hours a day.. Applicant has no control as they are not the operator; 2) the noise decibel level which are pa~rt of Ti{le 15 which was all part of the EIR; 3) noise measurements gives the City the ability to make measurements; 4) all parts of derrick above the floor; have to be fat a certain elevation, be fire resistive, sound proof material; enclosed with fire resistive soundproof;material. Applicant has no.control over this. 5) Pipelines: pipe nes utilized for all petroleum related·operations shall be buried a minimum of three feet below grade. Applicant has already agreed to take the pipelines out there and relocated them to a grade th'at is appropriate for the development standards. The applicant does net think that it is appropriate to just grant a DI zone-in a residential area~ Even if-it were.a DI zone they would still have to comply with this section of Title 15.66.030 where the wells shall automatically be considered Class three, but shall be _, evaluated with-respect to all Class criteria in 15.66.030(a). This section specifies that if you are inan area zoned for residential development it is a Class orie well. You have to. get a Conditional Use Permit. Or, if it is located less than 500 feet from a dwelling, .. except'for those used by a caretaker or night security on the same parcel, you have to get a Conditional Use Permit. There is no way around Stream and the requirement by Title 15 WhiCh Stream amended and agreed to in 1998 that they have to get a Conditional Use Permit in order to continue to drill within that 30 acre area. Whenever there is a house that is within 500 feet they have to get a CUP. To date, he is not aware.that a CUP has been applied for, or even attempted. Back in 1998 Castle & Cooke was told that there were four well_s permitted. And that the drilling program would start as soon as possible. They drilled one well which was completed in October of 1998, and since then no other wells have been attempted. Tract 6045 is the northerly area north of Chamber Boulevard. Tract 6046 is the area south of Chamber' Boulevard. Regarding the June 20th letter memorializing the agreement between' applicant and Stream it identifiedfive points. 1) Castle & Cooke would reserve by license agreement ' two well/drilksite locations as shown on Exhibit "A" and "B" as located'within tracts 6045 Minutes, PC, August 2,200i -Page 6 · -and 6046. It'should be noted that these maps are set for hearing by the City of Bakersfield Plann!ng Commission meeting on June 28, 2001. 2) Castle & Cooke would ' ' "develop'its Ibts which lieimmediately adjacent to these two well sites in accordance with ..applicable City of Bakersfield ordinances. He references Title 15 which is the applicable ordinance thatallows~Stream to operate within this area. 3) Stream will Quit Claim to Castle & Cooke Stream's rights of surface access down to a depth Of 500' on the remaining portions of'section 12. 4) Stream Energy would allow the relocation of its existing production lines to be within public rightsof way, or alignmentsof'an acceptable easement to allow for the development of Castle & Cooke's property. This is important because Castle *&'Cooke agreed to pay for the relocation of those pipe iines so there is no requirement on Stream to do that. 5) Castle & Cooke would permit Stream to conduct a Seismic su~ey on I~nds owned by Castle & Cooke within Section 12 at the time the survey, is conducted, and such survey would be commenced after a formal written agreement h~s been entered into, but no later than December 31 2001, and would be completed wi{hin 30 days thereafter. There also was some language about repairing physical damageto the property. Mi;. Smith, Ed LeLouis of Stream Energy signed the June 22"d letter, and attached to that' are the Same Exhibits with the two acre well site in 6045 in Exhibit "A", and the three acre well site in 6046 in Exhibit "B". Applicant believed that they had'an agreement and have been working through all of these issue over the past four or five years. Applicant thought it come to final resolution with Stream. After the letter was signed on June~22, Stream came back with a formal agreement, which added the requirement for these areas to be designated and zoned as DI-drilling islands. Applicant refers to the DI zone. Section 17.46.020 - Permitted Uses - of the DI zone refers back to Title 15 (15.66:040) which.is the development standards of Title 15. Even Title 17 refers to Title 15 when it Comes to development standards. A CUP is still required even if they were to drill in that area and it was zoned.DI.' Castle & Cooke agrees to support that CUP. The Department of Oil and Gas records ran today indicates that one well is producing 215 barrels per month, and the other is producing 108 barrels .per month, and the last one is producing 190 barrels per month (as of May of this year). This yields 17 barrels, a day. He'questions where-the other 33 barrels of oil are. Applicant is consistent with Title 15, and Stream should be as well. Regarding language in the paragraph of the letter, "It appears to be a deliberate attempt by Castle & Cooke; proposed agreement stalled at least in part because Castle & Cooke would not support an iearly application to change the zoning of the well site parcels to the . DI classification. Without DI zoning, additional drilling would require CUP, and permits issued under 15.66 ahd additional environmental rewew. We think it is very likely that Stream could not obtain all the necessary permits and that this would have the effect of curtailing development of petroleum in the northern portion of the Canfield Oil Ranch. We fear that even production of the existing wells would be jeopardized." Applicant is not trying to take away aqyone's rights to continue to produce, or. to continue to drill. The maps d° not take away any of those rights. Applicant has always said that they have a right-under Stream's lease and that it is not a mineral right holder with tights to surface entry, and that it is a leasehold, and is equivalent to somebody renting a house, and the owner coming in and wanting to subdivide his property and all of a sudden the tenant cornes in and says"wait a minute I don't want you to subdivide this property, because I occupy the: house." It is the same thing, and actually it is specifically excluded in the Municipal Code. The !anguage further goes on to say that "we do not believe that Castle Minutes, PC, Au~lust 2, '2001 page 7 & Cooke can comply With 16.20060(b) of the Municipal-Code without Stream's waiver", and it goes on to quote that section. Stream further states!that by approving the maps they will be precludedfrom enjoying their rights.' Applicant is not precluding Stream from anything in that they are free to go out anddrill-within tha't 30 acre parcel subject to the provisions of the Title 15 Municipal Code, which requires a CUP and filed notices. The letter further states a number of conflicts with the Conservation Element of 2010 General Plan. The applicant is consistent with the 2010 General Plan, and with the General Plan which was amended by Castle & Cooke and certified by the City Council. The-impacts were identified in the EIR and the EIR was certified. ' The mitigated Negative Declaration is consistent with CEQA, which alloWs for program EIRs to be used to identify potential impacts. The potential impacts are not caused by the developer, but are caused by the oil producer. Applicant is unsure what the reference to McAIlister Ranch is and does not believe it applies in this case, in that the McAIlister Ranch was a County issue. The two well sites proposed to be set aside in 30 acres is 20 times the'amount that was required by the Board of Supervisors in the McAIlister Ranch Project. The references to TR~31 were brought up. TR:31 was a result in 1982 of a conference that was entitled Land use and Planning in urban Oil Producing Areas held February 25, 1982 in' Huntington Beach put on by the Huntington Beach Department of Development Services, Planning Di~vision, State of California, Department of Conservation, Division of Oil & Gas. In the TR-31 there is a recommendation that a municipalities adopt specific drilling and producing requirements in their title codes. The City of Bakersfield did that subsequent to this-TR-31 being recognized, which is now Title 15 of the.Municipal Code. Regarding the Quit Claim from Vintage Petroleum, it does state in the legal description, which did not exemptthe 30 acres, recognized the rights subject to the following: the oil and gas lease between Kern County Land Company, Hancock Oil, which is subsequently obtained by Strbam Energy. Applicant feels that those rights are still in place, and that Stream has the ability to exercise those rights subject to Title-15. The Quit Claim was obtained from Vintage Oil and is consistent with Title 16 of the Subdivision Code for the City of Bakersfield, and is consistent with the Subdivision Map Act. Applicant agrees that.every step of the way Stream has been involved,' and feel that now is the time to address these issues at the Tentative Map stage. They have set aside two well sites for_their use; a two acre site and a three acre site that was suggested by Stream during negOtiations. Applicant is consistent with the Municipal Code, Title 16, and applicant has obtained all of the waivers of the surface access rights of the mineral holders, and the applicant will adhere to that letter agreement between Stream and Castle & Cooke. CEQA does require issues to be resolved at the early stages, and applicant feels that they have resolved them, and addressed them in 1998. The program EIR can be used to identify subsequent actions and subsequent mitigation measures. Applicant feels that the mitigation measures adopted by reference in Title 15 are appropriate for this project and that the Negative Declaration that the City of Bakersfield has suggested is the apprOpriate vehicle. Minutes, PC~ Au~lust 2, 2001 Page~8 Requested changes to some of the conditions 'in the spirit of Cooperation with the Lessee, and theyhave to dowitha particular design feature that Will continue to allow them to - produce and to enjoy the uses on these two well sites. Applicant requests that condition number three for tract 6045 be amended as follows: "A waiver of. direct access rights - · .from all abutting lots, except for the well site shown as Lot B toChamber Boulevard will be reqi~ired." That. will allow them access off of Chamber Boulevard directly into the well site: ".Upon conversion of the well site to residential use (which will happen some day): 1) waiver of direct access to Chamber Boulevard from Lot B shall be required; 2) the. driveway and g~te to t'he well site from Chamber Boulevard shall be 'replaced with the City ' standard curb, gutter and sidewalk and masonry wall to match the existing wall; and 3) .. landscaping to match Ithe existing landscaping shall be installed. APPlicant is asking for accommOdation in that condition because they feel that it is appropriate to handle .the subsequent abandonment of those wells. In addition, applicant requests the addition of the following condition: 1) Prior to recordation of a final: map there shall be a covenant recorded on each lot within 500' of Lot B, thee well site, which shall disclose to future buyers of lots in the tract of the well site's existence. Subdividers shall submit the covenant to the Planning Director foi' review prior tO recordation of.a final map. Applicant feels that it is important and appropriate to notify everybody moving into the area that there are well sites at these locations, and there.should be no question that they know that when they move in, so that when a CUP is applied for that everyone has already had prior notification. -. Applicant also requests changes to Conditions Of Approval for. Vesting Tentative Tract ' 6046. Condition number 3: "A waiver of direct access rights shall be required from all abutting lots to Chamber Boulevard, Windemere Street, and White Lane, except for the retention baSin and the three acre well site. The applicant wants to afford Stream to get access off of White Lane instead of through the subdivision area. upon. conversion of the well site to residential use, waiver of direct access to White Lane from the well site shall be .required. 2) the driveway and gate to the well site shall be replaced with the City standard curb; gutter, sidewalk and-masonry wall to match the existing wall; 3) Landscaping to match the'existing landscaping shall be installed; and 4)'a 6' high chain link fence may be required by the City engineer to separate the residential lots.and the retention basin." In addition to that, the applicant requests that a condition be added that disclosed these well sites that'says: "Prior to recordation of a final map, there shall be a covenant recorded on every lot within 500 feet of the proposed well site to disclose to buyers of lots in .the tract to the well's existence. Subdividers shall submit the covenant to the Planning Director fore review'prior recordation of a final map." This is consistent.with Castle & Cooks' agreement with Stream Energy and is appropriate that the people who are moving, into the neighborhood are notified up front before they purchase their lots that there .are these well sites located within the subdivision. Applicant has reviewed the rest of the Staff Report, and. concur with the conditions of approval, subject to the two memos from Planning staff on 6045 and one on 6046, and ask for the Commissions' approval. Public portion of the hearing was closed. Five minute recess taken. Minutes, PC, August 2, 2001 'Page 9 Chair Boyle inquired of staff whether the Quit Claim is sufficient to meet the ordinance and if it '~s a question of fact for the Commission to discuss, 'or is it a question of law to which staff responded that the Quit Claim Deed is sufficient, and if it is a question of law it would be-a jurisdiction h~gner than this Commission. Chair Boyle commented that the issue on the Negative Declaration is part of the actual resolution that it is a question of fact that the Commission needs to determine that there is sufficient evidence On the record to support the Negative Declaration. With regard to whether the Deed is legally sufficient to meet the statute he inquires whether it is a question of fact for the Commission to discuss, or does the City Attorney need to advise the Commission that it is sufficient. Staff responded that it is the opinion of the City Attomey'.s Office that the Commission can rely on staff on the City Attorney's Office is · saying that is sufficient. Chair Boyle inquired if there is a reason why the ordinance only requireS the consent of the mineral owner and not the lessee where the lease is active, to whichstaff responded that they are not sure ,what the historical significance is as to how and why that ordinance was written. Chair Boyle inquired if the Commission could reach a conclusion that the Negative Declaration is not appropriate even if the staff has recommended that it:be approved, to which staff responded that the Commission could do that. Chair Boyle inquired of the difference between a Program EIR and a Project EIR to which staff responded that a Program EIR looks at an overall process Of development of' an area in this particular case. It covered two square miles and it went "into looking at the generalities of urbanization of this area, and the mitigation measures reflect that. A Project EIR has very Specific elements with which to base the analysis on. It gives particular numbers of~lots, actual configuration, actual construction and goes into a detailed analysis of the very specific and unique characteristics of that project. Chair Boyle inquired what the required findings would be for the Commission to make an order tb require a Project EIR to which staff responded that the Commission would have to determine that there is a significant impact that has not be adequately analYZed under the Negative Declaration. This could either send it into more study and 'eventually come back with a Negative. Declaration again, or it could be determined that it could be'an impact that could not be mitigated and then the applicant would want the protection of an EIR to. achieve a statement of overriding considerations in the end. ~ Chair Boyle disclosed~ that he met With the applicant, Stream Energy and staff earlier. today. Chair Boyleinquired that if a DI zone was granted to Stream Energy if that would exempt' them from the CU process due to the fact that there will be houses within 500 feet of any well'that theycould build on the property, to which staff responded that in this case there would be noCU process if a DI zone was granted, because the ordinance (15.66.030) that was referred to Which moves that Class three to a Class one category. CUP is required regardless if the zoning is granted. The CUP process would be required in this instance. - Chair Boyle inquired if they can rely upon the Program EIR which was'done on this project whichwas based upon a Kern River Freeway which will now not be built, to which staff responded that there will still be a facility built, as it is still part of the proposed Option 15 that was reviewed, and it also includes what would be called the Kern River Parkway Minutes, PC, August 2, 2001 Page 1!0 'or Expressway, and the facility would be very similar to what would have been 58; six lanes; Limited access, controlled access, interchanges, and simply would not be built to be a State highway'or maintained ~by the State Highway, but would be a City sponsored, City owned, City operated facility as a super arterial. The modeling that has been done -by Kern COG and done with the selection process for the Bakersfield System Study all included afacility along that as a part of the no build project. It is also a part of the 15 . Project that was determined. It is staff's recommendation that there will be no difference there. Chair Boyle ~nquired about the difference in.capacity between a freeway and an ~,... :. - expressway, to'which,staff responded that it would still be a limited access, 65 mph design, interchange as opposed to surface streets with signals. The final design would be. the same as the freeway design. Commissioner Brady stated that he was contacted by the applicant and Stream Energy to' meet with them, and he declined and advised them to provide their comments in writing. Commissioner Brady commented that the Quit Claim is subject to the oil and gas lease, and they can't quit claim what they don't have, and if they have already given it up by the lease he has to:disagree with staff on this. Commissioner Brady commented that they have an opportUnity to resolve an issue that is going to come up again in the future ' regarding the existing' oil and gas industry and the need to provide reasonable homes in the community. He believes the City has made a good start n passing the ordinances that are on the booksi By creating drilling islands so that drilling operations can go on, he feels that they can accommodate the ongoing production of oil and gas and still allow the community to develop. In this case, however, he does not feel that what Stream is asking for is not something that the Commission can g~ve. Even if the zoning was changed to a DI zone, based on his understanding, Stream would still have to get a CUP, which is what Stream is trying toavOid. Castle & Cooke has stated that they will not oppose the CUP. Commissioner Bradyinquired of Stream Energy as to the expiration of the existing permits to which Jeff Smith of Stream Energy responded that the permits were granted ir~ 1998 and are grantedlfor a year term typically and they have continued them for several ' years, and as part of this relocation issue they have applied in the last 10 days to relocate all of those wells such that any access directly below the wells would be done by directional dril.ling.' commissioner Brady expressed some concerns with the Negative Declaration and why there were no noise mitigation issues, to which staff responded that the requirement that right now they look at:the existing environment and determine if the subdivision based on the existing uses is going to exposes people to something that is hazardous or noisy. Further, future projects that would comein for use permits and have their own environmental document. For the ordinances in effect right now, under Title 15, a lot of the criteria and development standards was obtained using this EIR which was done on urban dwelling drilling in 1986. Mr. Moreno has testified that the noise from the engines is not a problem because they are quiet. He was concerned with the actual pumping unit themselves. This EIR went through all the uses of a drilling operation and analyzed their !mpacts. Commissioner Brady.inquired if that EIR analyzed re-drill to which staff responded in the affirmation, and that with regard to what' is out there right now the EIR discusses the pumping unit and states "The unit from the gear box that reduces the drive system rotation to the appropriate rotational speed for the counter balance of the pumping-unit rods. However, when properly maintained, no significant level of noise will be generated." These were the concerns mentioned by the applicant (the enginesand Pumping units .Minutes, PC,-AuguSt 2, 2001 Page 11 themselves). ' Based on that and the requirement for the wall around ~the perimeter which does significantly reduce noise staff felt that they could appropriately check the box on the Negative Deblaration that indicates that it is not going to be significant from what is out ther~e right now. Commissione~' Brady'states the mineral production will be impacted. Tl~e drilling islands are the mitigation for that and so he feel that is was inappropriate to check the box that 'there was no impact. The impacts are there but are being mitigated. He stated that he is not sure that checking the box makes it defective, but disagrees with the boxes that got Checkecl. Mr. Joyce for Stream ~Energy stated that the reason Stream is requesting that the -Commission ook at the need for a DI zoning as part of the due process is because they don't dispute that.they will have to come back at the time Stream wants t6 actually drill the well under-Title 15 fo~ a CUP. The issue for Stream is that if they had the DI zoning n place; more than- half.0f the issues involving mitigation and other things 'have been dealt with because they are.embraced within the DI ordinances themselves.. They then have the right to drill and have to comply with Title 15 in order to' drill. The way that the process is proceeding now, Stream will not have a right to drill without going through the CUP process. The applicant's proposal does not satisfy the DI ordinance. A DI ordinance requires a 305' width and requires various setback limitations which these two zone areas will not accomplish. :The reason the negotiations broke down is that in the letter of intent (the June 22"a letter was a letter in.principal and a letter of intent, that by it's content contemplated the two parties working out operating sites, and drilling sites to be formalized in a formal legal document later). When Mr. Joyce got involved and said Stream needed DI zoning that is when Castle & Cooke and Stream's negotiations broke down. Stream has the service rights to the entire 30 acres. Stream wil! give it up if they - can get the DI zoningi consistent with the Municipal Code so that Stream has the predicate to go into 15 to get a CUP when Stream is ready to drill. WithOut the DI they cannot meet any setback requirements under these two locations as they are presently configured. This is the problem. To that extent, the Negative Declaration' does not address the issue, because without looking into the future, and maximizing the benefits, and recogniz!ng the detriments and'attem pting to avoid the downside, they are not planning. Commissioner Bradyinquired if staff would enlighten the Commission on Staff's position that Stream would have if the Commission approved the applicant as presented versus giving Stream Energy DI zoning in each of these drill alignments and what the difference in those two decisions. Staff responded that it is impossible for the Commission to deliver DI zoning and to change the zoning on the property Castle & Cooke would have to sign the application if it is initiated other than by City staff. This site deal with an ordinance section that deals with 1999, which refers back to putting them in a Class one. So they not only would need the DI zoning in the area, they would have to remove that section of the ordinance that puts them back'in a Class ohe CUP in order to get out of the CUP. If they just got the DI zoning alone, they still have to get a CUP because the other part of the ordinance requires it. Mr; Mclntosh stated that without the DI zone they would be precluded from drilling, however, they recognize that they would have to get a CUP in accordance with Title 151 Keep in mind that this is a vesting tentative tract map. Castle &'Cooke has already locked in those rights for them to operate within Title 15, because that Title 15 was in place at the timethe City accepted the application. Castle & Cooke has given Stream the rights and locked itin with the vesting tract application. The vesting maps give them those rights subject to Title 15. Minutes, PC, AuguSt 2, 2001 . Page12 'Brady inquired if it is the applicant's Positionthat the effect of the approvai" of the application as Presented gives Stream all the rights and privileges'that they could have if they. went back and did a DI zone for those two sites, to which the applicant res in the negative. The applicant explained that at the time ofaccePtance of the application the vesting tract maps lock in Title 15 which gives' them the ability to go through Title 15 proci~dures, obtain conditional use permits which allow them to continue- to produce and drill. 'As far as configurat!on it was proposed by Stream'and accepted by Castle & Cooke. Commissioner Brady why they oppose Stream's.idea of putting DI zoning on the two .parcels to which the'applicant responded that the DI zoning does not preclude-Stream from obtaining a CUP. Applicaht believes that the CUP is the appropriate process to go through so that- e{/erybody who is within 500; of the area will have disclosure. Disclosure under a CUP goes beyond that. Everybody in the neighborhood will know that there are well sites there, and they will be notified that a CUP is being applied for. If the CUP was applied for tomorrow nobody would be notified except for Castle & Cooke, and they would suppo~ that. Commissioner Brady inquired hoTM that would be different under a DI zone to which the applicant confirmed that Stream would still have to apply for the cUP. Applicant stated that the hearing tonight is notto apply for a DI zone because it is not partof the " application. Commissioner Brady stated his understanding that Stream is asking the Commission to condition the approval of applicant's tentative tract map by zoning these two drill islands as .DI zone, to which applicant stated that would not be acceptable. Jim MOren° Stated that Commissioner Brady'.s question is directly{ relevant to the issue because it is not known what changes would have to take place if Stream were, in fact, drilling under a DI zone or under a CUP. The DI zone would shake out those ansWers needed as faras setbacks, walls, etc. There are no answers to these questions because there is not a DI zone. The Ell:{ has not been clear on these ~sSues. Commissioner Brady stated that there would be an EIR with the CUP or the DI zone. Mr. Moreno commented that the noise levels and setbacks.would, be known before the houses-are built. This information should be .available so the houses can be designed accordingly. Staff clarified that-in a general situation (not this one) the difference between the DI zone ~s simply that once a DI zone is established there is no-need to go through the CUP process. This case is unique because even if we did have the DI zone, there is a specific -reference to this section under the ordinance (15.66.030), which requires Stream to get the CUP. Commission Brady cdmmented that it appears that the issue is an ordinance change rather than a zone chaqge. It appears that the ordinance would have to be changedto g~ve Stream what they want. It appears that after December 31, 1999 even if you had a DI zone in this particular section it is subject to Title 15' and there is actually no difference. If the DI zone was granted tonigh[ there would be no effect because the CUP would still 'be uired. Mr. Mclnt0sh-clarifiedthat the DI zone has no setback requirements and defers to Title 15 and defers to the development standards of'Title 15.67040. In the development standards, ~that is where the setbacks are discussed. Minutes,*PC, August 2, 2001 Page 13 Mr~. Joyce commented that the DI at the outset is intended to address the reality of future drilling operations. _ Commissioner Brady stated that he hasn't come to a resolution in his mind. Chair Boyle-stated that his understanding of Mr. Joyce is that if somehow through the required process a DI zone was put in place that the setback requirements would be determined as part or'that DI zone process and would not be subject to being re-litigated as part of the .CUP, to which staff responded that they do not concur. It is staff's understanding that the BZA would have a certain degree of discretion and latitude at the time that the application was being made, including setbacks. Commissioner Sprague disclosed that he talked with City Staff, City Attorney's office, Stream Energy, Castle & Cooke, Mr. Moreno, the Department of Oil and Gas, BIA, and Board of Realtors. Commissioner Sprague stated that he thinks that the Commission has two situations. One is to deny by tracts, or the other to include a drilling island zone and alter the ordinance down the road. A 100' set back is a health and safety issue in a subdivision. Stream has three licenses to drill oil wells, and this Commission should not prevent them from exercising their nights to drill those wells. There is a Quit Claim Deed and it is 'subject to the lessee right's to extract the minerals. Castle & Cookehas to recognize the rights of the mineral right holders in the area. Commissioner Sprague inquired of the City Attorney if there is any way to approve both . tracts and condition them with DI zones of 305 by 305 with 50' buffers without Stream having to'get a CUP, to which staff responded in the negative. Commissioner Sprague -inquired if the Commission could change the ordinance to put the condition on, to which .staffresponded that a direct'answer was impossible. Commissione[ Sprague inquired about approving both tracts with drilling, island -provisions, with the sam e. measurements, and recommend to City Council that before they approve both tracts that they change the ordinance to read that the applicant can extract his minerals without going to a CUP application. Staff responded thatfrom a legal- _perspective they would prefer the maps be denied and allow the applicant to appeal to the -City Council for the reason that the DI zone cannot be imposed without the applicant's approval,_ CommissiOner Sprague inquired of Mr. Joyce that if the Commission conditions the approval 'of both tracts on drilling islands is Stream satisfied with that scenario and be happy.with going for the CUP under those provisions, to which Mr. Joyce responded that with a mitigation measure that there be a required DI zoning somewhere within those tracts, to accommodate Stream's needs and with the realization that Stream then follow the CUP process as to 15 for the balance of it, Stream would be satisfied. Commissioner Sprague stated it is his understanding that in a DI zone.the CUP is easier' to acquire because there are provisions within the DI zone that are more laxed then they are then the regular CUP process under the 15 ordinance to which Mr. Joyce'responded that the more Correct ,view that Stream would hold is that if Stream got a true DI zoning as required by Municipal Code Section 17 et seq, .within this area (the 30 acres), Stream believes that the intent of the setback would be satisfied as contemplated in Title 15 ~' because the DI will' itself embrace those. Stream would have a 90% greater comfort level with the DI zomng in place for drilling operations if they are in turn going to waive up the balance of their surface rights in the remaining 30 acres because 'Stream believes that Minutes, PC~ August 2, 2001 Page 14 gives them. legal rights by virtue of the zoning itself, which would be hard to ignore at a later stage. · Commissioner Sprague inquired if Stream would also'be requesting that the drill site be 305 by 305 with or without a buffer, to which Mr. Joyce responded that it really isn't an issue of requesting, but the intent of Title 17 cannot be met without requiring that. CommiSsioner Sprague inquired of the City Attorney if the Commission could require a drill island of the size Stated (305 by 305) with the buffer (50') if the Commission approves the two tracts, to which .Mr. Joyce suggested that the Commission couldmake that as a mitigation condition. Neither Stream nor the Commission can initiate the process, nor mpose it or force it upon Castle & Cooke,'but the CommisSion would have it within its. power to make a condition of approval of any map that the applicant recOgnize the mineral resource that'~s in issue and the need to mitigate it'to do a prope~ Negative Declaration, ·or for that matter any environmental assessment, and not to simply ignore it, and say in order to address the realization that We have a conservation element and mineral resources in place that need to be dealt with in the environmental review process, the Applicant should also apply for and provide for set aside to address that reality (i.e.,. provide as part of the:plan a DI). Commissioner Sprague statedthat he wants to protect the mineral right holder and the 'lessee so that they can extracl, and to do that the homeowner that is going to live adjacent to the sitealso has to be protected. Staff responded that it is not legally permissible to condition the map to require a DI zone. The Commission does not have the right to put the condition on the app,'oval of both .tracts, so consequently if the Commission does not like what is before them, and staff has requested that the Commission approve, the Commission can:only'approve or deny it. Staff responded that the Commission could change the construction of the existing well sites that the applicant has indicated on.their map, but in terms of putting the condition of approval as a DI zone it cannot be done. - 'Commissioner Sprague inquired of the applicant if it would accept a condition of DI zoning to which the applicant responded in the negative. . Commissioner Sprague inquired of the Fire Marshall if 100' is sufficient footage from an active well site with 5000 psi to shield or not consume the residential home that is adjacent thereto, to which he responded that the fire codes don't deal with that issue, but there might be some Federal Code of Regulations or -. DOG that deals with that. The Fire Marshall commented that if he was a resident there - that just the vibration alone would be unsettling'. Joseph Austin a Energy and mineral Resource Engineer with the Division of Oil and Gas stated-that the State Public Resources Code and the Regulation does not refer specifically to the setback. The drilling permits are designed with discretion and blowout prevention manuals. There are specific laws that recognize what a critical well is and a critical well is defined as being within 300' of a dwelling not required.for the operation of the well. Commissioner SpragUe inquired if 300' would be more sufficient to which Mr. Austin responded in the affirmative; His recollection was that the drilling islands were to include all the setbacks by definition that all the required setbacks would be there. In the EIR 'Minutes, PC, Au~lust'2, 2001 Page 15. process and on the parcel map siages, theDOG has'recommended setting aside drilling island.s where the operator could drill by rights. Commissioner SpragUe if it would be DOG's recommendation to have drill islands and 'have proper setbacks, for health, safety and welfare reasons, to which Mr. Austin responded in the affirmative, and stated that DOG would like to speak in favor of drilling islands for health and:. safety issues and access to the minerals, and conservation of the oilfields. · Commissioner SpragUe inqu!red if DOG has changed it's mind of that attitude from the 1988 ~heeting to protect the public, to which Mr. Austin responded that the TR31 publication came about because the LA basin is way ahead of us in having to deal with these local issues (development encroaching into oilfields). Mr. Austin does not believe he can make a policylstatement. Commissioner Sprague stated that his common sense belief is that there needs to.be a broader buffer zone between working oil wells of this caliber and residential homes that are going to be placed there, and that CC&R and possibly delineation on the deeds to · these lots needs to be provided to the homeowners. He believes that a drill island is the answer to the problem tonight, although the City Attorney says they can't do that. If it can't be done, then he would be in favor of just denying both tracts and letting the applicant go forward with an appeal to the City Council. The public record should read that the City Council ~should be aware that the Planning Commission would request drill islands in this particular situation, and that the ordinance should be changed to allow for drill islands in these certain situations so that the rights Of mineral holders and/or lessees to extract are not encumbered. Staff clarified that the ,Commission cannot condition the approval of the map with the drill island zone. The Commission can condition the map on a drill island as opposed to the DI zone in that the drill island is specifically mentioned in 15.66.080,-and the reasoning is based on the validlty of the Quit Claim Deed. If the Commission goes on the assumption that the Quit Claim Deed is valid, then you bypass any option to go ahead and put in the drill island. The Commission can ignore staff's opinion, and put the basis that the Quit -Claim-is not valid, then the Commission could condition the map on the drill island and make it on the suggested dimensions, and staff would also suggest that the Commission talk with Castle & Cooke and perhaps see if that is an option that they can live with instead of the drill island Zone. Commissioner Sprague stated that he does not believe that the Quit Claim is valid. He thinks that he would be in a position to approve the subdivisions with the DI zone for the lessee.because he does not believe that it is a valid Quit Claim Deed. He thinks that there was nothing to give. Staff inquired what is meant by DI zone: the DI zone, or a drilling island to which Commissioner Sprague responded that he means a drilling island zone. 'A DI zone. Staff'.soriginal comments stand that legal's position is that the DI zone cannot be mposed at this stage s~nce the maps have already vested. Commissioner Sprague inquired of lessee if a drilling island that relates to section. 17 is acceptable to which lessee responded that is what they believe they need because it addresses the setback issues. The drilling island referred to is that contemplated by 16.020.060 which is the alternative for the applicant. But then the applicant has tO give notice to the lessee, and the lessee has the right to come and say "No, this isn't going-to do it", the lessees has rights to discuss the necessity for dimensions to address H & S issues. - Minutes, PC, August 2, 2001 Page1'6 Commissioner Sprague ~nquired of staff if they can cOndition it based on a drilling island in' accordance with Section 17, to which staff responded in the negative and that it would have to'be in conjunction with Chapter 15. Commissioner Sprague commented that the Commission would have no alternative, to which staff responded that the alternative would be for Stream to concede that they have. received notice and then also again for the applicant to concede to the drill island specs that is being proposing. The alternate would be to deny the map. Commissioner Sprague stated that he believes the commission should den~/both tracts: and let the applicant ~ppeal it to the City Council, but go on record that we do need an ordinance change that protects the minera right holder and lessees' interest on properties as the Planning Commission and City Council looks at apProving subdivisions. Commissioner Sprague stated that he would be prepared to make a motion to approve both tracts with drilling items as set forth in accordance with Section 17. Mr. Movius stated that the whole reason the applicant files a vesting tentative map is to lock in the rules in effect at the time that the application has ~been deemed complete, which was done on March 2nd. The applicant Wants to play by the rules in effect at the time. Since December 1999 Stream has known that this was coming and there could have been aPplications for zone changes at that time. Now the applicant is exercising their rights,.and the Commission needs to be real careful before asking them give up those rights that are Under State law provided to them. Regarding the CEQA issue, and the only thing to be examined at this Point is the existing operations. There are wells all over the City in very close proximity to homes that are existing pumping Units. Mr. Moreno was. an applicant for a subdivision on the north side of Stockdale Highway Where there were oil wells adjacent to homes on almost the same size lot as'the homes themselves. Staff does not believe further study is needed. There have never been any' complaints..Staff totally disagrees with the statements made by the opponents that this is inconsistent with the General Plan. Staff is of the opinion that the environmental is sufficient. When the particular project comes in for a CUP on this site, or if somehow there was a drilling island application, then at that time that is the project that could impact the adjacentuses and that is looked at bnder CEQA and the studies are:done to determine the noise impact based on that unique project. That is specifically why they say you come in for a use permit on the drilling island set aside as part of the subdivision. With a'drilling island zone and there is no public hearing. Standards With the drilling island as a two-acre site, or as a drilling island zone, are very similar..One gets a public hearing and the other:doesn't. Commissioner Tragish disclosed that he has spoke with Jeff Smith, Mr. Mclntosh and Mr. DeBranch and.Mr. Moreno. He thinks that the Quit Claim Deed has some inherent ambiguities in it. There ~s some question in his mind as to the validity 0fthe Quit Claim and whether any surface rights actually passed or not. He inquired of staff if there were no surface rights as to what would happen next to which staff responded that the Code sets out several alterr~atives. If the applicant did not have the surfacewaiver then they would have to provide a drill island. Commissioner Tragish stated that he feels the same as Commissioner Sprague and he feels that.the only way to handle .this at this time would be to reject with recommendations to the City Council. Staff again recommended that the Commission deny the maps. Minutes, PC,August 2, 2001 Page i7 Commissioner Tragish inquired of Mr. Mclntosh's August 2, 2001 letter requiring the addition of the following condition and if the 500' will allow notice to be given to every lot in that tract, to which Mr. Mclntosh replied that he did not have an answer to that. ' RECESS =TAKEN Mr. ponded that the applicant would agree to a covenant'on every lot.in the tract; or 500' whichever is greater. Commissioner Tragish inquired of staff that if there are not a waiver Of'the surface rights then the applicant would have to provide a drilling island pursuant to the ordinance and that would mean it woUld precipitate an automatic, surface waiver for the entire tract, to which Staff res that if they reserved a drill island it would allow a waiver of the requirement for s~gnatures on the final map. Therefore, they wouldn't have to get a waiver, in addition to that. If the Commission found itwas satisfactory protected mineral rights then it would allowwaiver of signatures on the final map. Commissioner Tragish inquired that if the Commission was to accept.the (~rilling islands ~s proposed by Castle & Cooke in the two tracts before the Commission nOW, then the Commission would have the power to waive the surface rights requirement, to which staff res that the Commission would make a finding that satisfied that section of-the ordinance that says if~they set aside the drill size they no longer need the signatures Of the mineraldght holders. ~ Commissioner_-I'ragish. inquired of staff which takes precedence as far as the application when :there ~s a conflict between the General Plan and an ordinance, to which staff res the ordinance takes precedence. Staff further stated that Stream' has stated that they did not waive their rights of notice to the drill island ~ssue, so the Commission cannot get there tonight unless Stream said they had seen the map and the agreed that they had received notice and they waive their rights for notice under the ordinance. Commissioner Tragish inquired of staff that if the Commission were to grant the tract maps with thecondition of a_drillingisland zone which would precipitate a change in the proposed map, would Castle & Cooke have to come back with another rendition of the vesting map for approval, or does the Commission approve the new map as reconfigure.d with thedrilling island zone and it's requirements as far as depth, width and buffer, to which staff responded -that it would not be legally permissible'for the Commission to condition this map on a DI zone. Commissioner Tragish stated that the threshold question is the surface rights, and that he believes the plan hasto be rejected, and the City Council has to address this. Mr. Mclntosh stated that Castle & Cooke and Stream Energy have come to a resolution and an agreement, and Castle & Cooke would like a continuance of two weeks to formulate the plan and provide the exhibits necessary to go forward with this project. ' Jeff Smith stated that he would need a continuance of a.month due to a calendar conflict, and. Castle & Cooke.is agreeable to the One month conti nuance. CommissiOner Gay disclosed that he met with all. principals regarding this. ' Minutes, PC, AU~lUSt 2, 2001 Page 18 .Mr. Mclntosh clarified',that the applicant will Waive the Pe~'mit Streamlining Act requirements :to acton the application within six months to g~ve them that one month window of opportunity, otherwise 'the continuance would have-to be Within two weeks. Commissioner Boyle Stated he concedes the circumstances coming before the Commission again :in the future, and .would encourage the City Attorney's Office or staff to make a 'recommendation to City Couhcil that the ordinances be reconsidered, specifically that the waiver should-include'active mineral interests and should not just be the mineral right holder. Commissioner Boyle ifurther stated that they should look at coming Up With some type'of modification in the sound/noise ordinances to allow for a temporary exceeding of itfor limited period's of time for drilling periods. Staff recommended that the Chair put together a committee to discuss these items and then _use. the liaison from the Planning Commission to the City Council to discuss possible -changes to the ordinance. Commissioner Sprague stated that when they get to the committee stage that the committee should consider the s~ze, and the depth of the drilling rig and the noise that it would produce, as well as the other issues discussed. Commissioner Sprague made a motion, seconded by Commissioner McGinnis to continue this item for four weeks; to the first meeting in September. Motion carried. comm-issioner Boyle inquired if.the public portion of the hearing has to bb re-opened at the next meeting, to which staff responded that legally it should be renoticed, ~nd if that changes staff will advise. ' 5.1 DISCUSSION ON CHANGE OF STATUS OF THE KERN RIVER FREEWAY AND ITS' AFFECT ON o ENVIRONMENTAL DOCUMENTS. Not available for discussion. COMMUNiCATioNS ' Mr.-Movius stated that there ~s one memorandum from him regarding a question'by Commissioner Sprague on the-Northwest PrOmenade and access out to the west. Mr. Movius further stated that, the Commission has a memorandum from the City Attorney who is suggesting some changes to the Agenda packet and will leave and discuss at-a later date. Mr. Movius also stated that they will be putting the presentation of the freeway system on the next Agenda. COMMISSION COMMENTS Chair Boyle appointed Commissioner Brady to chair to the committee to study the ordinances related to well/drill oper~ations,, as well as Commissioners McGinnis and Gay. Minutes, PC, August 2, 2001 Page 1'9 10. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE- 11. August 22, 2001 MEETING. There will be. a pre;meeting. ADJOURNMENT There being'no further busineSs to come before the Commission the meeting was adjourned at 9:47 p.m. Pam Townsend, Recording Secretary ES D. MOVIUS, Secretary g Planning Director