CITY OF WASCO
PLANNING COMMISSION MEETING
September 10, 2007– 7:00 P.M.
746 8th Street, Wasco, California
CALL TO ORDER by Vice Chairman Santillan at 7:02 p.m.
FLAG SALUTE and INVOCATION led by Vice Chairman Santillan
ROLL CALL
Present: Commissioners Arredondo; Drescher; Forrest; German; Santillan
Absent: Commissioners Brown and Mitchell
Staff: Planning Director Raper; Senior Planner McNamara; Secretary Lopez
5. AWARDS AND PRESENTATIONS
6. HEARING FROM PUBLIC ON ITEMS NOT ON AGENDA – this portion of the meeting is reserved for persons desiring to address the commission on any matter not on this agenda and over which the commission has jurisdiction. Speakers are limited to two (2) minutes.
7. AGENDA ADDITIONS/DELETIONS
Senior Planner McNamara replaced Item K with correction.
8. CONSENT CALENDAR
a) Approval of Minutes August 13, 2007
b) Approve the Reading of all Resolutions by Title only
Commissioner Drescher moved to approve the Consent Calendar as submitted. Seconded by Commissioner German. All in favor, motion carried.
9. PUBLIC HEARINGS – POLICY ITEMS
a) Tentative Tract Extension 6600 and Resolution- A request for an extension of (1) year for Tentative Tract 6600. Location: The southeast corner of N. Palm Avenue and Gromer Avenue; APN: 487-330-01; CEQA Determination: Categorically Exempt; Applicant: Kemp Land Company
Vice Chairperson Santillan opened the public hearing at 7:06 PM.
Senior Planner McNamara reported on the applicants request for a (1) year extension, the Planning Commission of the City of Wasco approved Tentative Tract 6600 on August 22, 2005. Per the State of California Subdivision Map Act, Section 66452, the initial life of a tentative map is two (2) years. Prior to the end of this two (2) year life, the applicant may request an extension for the map. The local governing bodies (Planning Commission), upon the completion of the public hearing either approve or deny the applicant’s request.
Should the Planning Commission approve the request for a one (1) year extension said approval shall be subject to all the conditions previously imposed upon the map and all previously adopted mitigation measures shall remain in effect.
Brief discussion as to applicant’s knowledge of time extension and conditions of approval, Senior Planner McNamara stated that the applicant was aware of the time extension of (1) year and that no new conditions would be added to the original conditions.
Vice Chairperson Santillan closed the public hearing at 7:10 pm.
Commissioner Forrest made a motion to approve Tentative Tract Extension 6600, Resolution No. 07-31. Seconded by Commissioner Drescher. Motion carried and title read with the following vote:
AYES; Commissioners: Arredondo, Drescher, Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-31 – A Resolution of the Planning Commission of the City of Wasco in the application of Kemp Land Company for Tentative Tract 6600 Extension.
b) General Plan Amendment 07-04 and Resolution - Review truck routes and possible amend or expand truck routes as may be necessary and may include but not limited to the following streets: Western to the west; McCombs to the north; Root Ave to the west between Hwy 46 and Kimberlina Ave. and Kimberlina Ave.; Applicant: City of Wasco.
Vice Chairperson Santillan opened the public hearing at 7:12 PM.
Senior Planner McNamara asked to move this item to the next meeting.
Vice Chairperson Santillan closed the public hearing at 7:13 PM.
Item moved with no objection.
c) General Plan Amendment 07- 05 and Resolution - Amend the Circulation Element of the General Plan correcting Policy 13, page 5-4 relating to Level of Service of road systems – Applicant City of Wasco
Vice Chairperson Santillan opened the public hearing at 7:13 PM.
Planning Director Raper reported on the recommendation of amending the Circulation Element of the General Plan correcting Policy 13, page 5-4 relating to Level of Service of road systems. On July 3, 2007, the City Council adopted Resolution No. 2007-2437 initiating various General Plan Amendments. As a result of this Resolution staff is proposing to amend certain items of the Circulation Element of the General Plan.
The correction to page 5-4 of the Circulation Element is needed to reflect the changes that were adopted in September 2002 contained in the final EIR. The text to be changed is as follows:
13. A level of service of “C” is established for the City, except in the Central Business District and 7th Street corridor from Palm to State Highway 43 where a level of service of “D” is acceptable due to established land uses.
The City has adopted Level-of-Service (LOS) “C” as the LOS threshold standard for traffic operations on City Facilities in general. IN special cases where improvements to roadways are deemed infeasible by the City, LOS D may be used as an acceptable standard upon approval of the City’s Traffic Engineer and City Council. – Established in September 2002 General Plan Update Final EIR.
Brief discussion by Commissioners regarding revenue changes and the different road system levels. Director Raper stated this would not cause any change in revenue and explained the differences of the Level of Service for road systems.
Vice Chairperson Santillan closed the public hearing at 7:16 PM.
Commissioner German made a motion to approve General Plan Amendment 07-05, Resolution No. 07-45. Seconded by Commissioner Forrest. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo, Drescher, Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-45-A Resolution of the Planning Commission of the City of Wasco amending the Circulation Element of the General Plan correcting Policy 13, page 5-4 relating to Level of Service of road systems.
d) General Plan Amendment 07-06 and Resolution - Amend the General Plan text and amend Land Use Map and Circulation Map by removing Filburn Avenue east of the railroad tracks and reclassifying Poso Drive from an Arterial to a Collector, Jackson Avenue from a Local Street to a Collector and Root Avenue from a Local Street to an Arterial; Applicant: City of Wasco.
Vice Chairperson Santillan opened the public hearing at 7:20 PM.
Senior Planner McNamara reported the City of Wasco is currently processing an
Environmental Impact Report for the Rose City Industrial Park. To accommodate
future improvements and facilitate new businesses, certain roads located east of the
Burlington Northern Santa Fe Railroad needs to be either removed from the City’s
General Plan Land Use Map added or re-classified.
The roads that are affected and the reasons for the removal or re-classification are as follows and can be seen on Exhibit A:
Filburn Avenue – Proposed removal, east of the Burlington Northern Santa Fe Railroad. This road is being removed because Wasco Avenue is proposed to be abandoned for a future rail spur. This spur will prohibit any continuation of Filburn Avenue east from Hwy 43. Additionally as can be seen by the proposed rail plan for the Rose City Industrial Park (Exhibit B) possible ancillary rail spurs will bisect the FIlburn Avenue alignment.
Root Avenue – Currently Root Avenue, between Hwy 46 and Kimberlina Avenue has not been designated as a road by the City of Wasco or Kern County. However, per Figure II-H of the Rose City Industrial Park EIR (Exhibit C), Root Avenue will be built to arterial status and provide access to park from Hwy 46 and Kimberlina Avenue. Therefore this General Plan Amendment proposes to add Root Avenue as an arterial to the City’s circulation network and include it on the City’s General Plan Land Use Map.
Poso Drive – Re-classification from arterial to collector. Poso Drive along with Jackson Avenue will serve as the primary east-west streets in the industrial park. However as stated in the Rose City Industrial Park EIR, the primary access to the park will be from Root Avenue and not Hwy 43. By re-classifying Poso Drive, this will serve to limit trucks using Hwy 43 as the primary entrance to the industrial park.
Jackson Avenue – Re-classification from a local street to a collector street. Jackson Avenue, along with Poso Drive will serve as the primary east-west streets in the industrial park. By re-classifying Jackson Ave to a collector the right of way will increase from fifty eight (58) feet to one hundred and four (104) feet which in turn will provide an increase in the travel lanes from thirty six (36) feet to sixty four (64) feet. This increase will provide ample space for the projected traffic flow.
Prospect Avenue – Proposed removal, east of the Burlington Northern Santa Fe Railroad. This road is currently unimproved and the only access to this road is from Wasco Avenue which is proposed to be abandoned for a future rail spur.
The proposed amendments to the City’s circulation system can be seen in Exhibit D.
For example TEXT when struck through is deleted and when TEXT IS ADDED it is underlined. All deleted text and new text are in red.
Commissioner Santillan inquired about railroad tracks shown on the plan in the Exhibit how would we remove these? Senior Planner McNamara explained that the railroad tracks shown on the map actually do not exist; these were added for future development. More discussion was had about the changing of the exiting road name and if the decisions being made were going to make decisions on the project that was not approved yet. Senior Planner McNamara stated this was being done to clean up our existing Land Use Map.
Walt Desatoff-15850 Wasco Avenue, Wasco, CA asked about the difference between Arterial and Collectors, he also asked about the possibility of J Street being changed to Highway 43. He also questioned the rail spur system and asked if it was approved or not. Senior Planner McNamara explained the differences of Arterial and Collectors. Director Raper explained the J Street as Highway 43 was an alternative and that we are identifying different options, he also stated the rail spur is still in the proposal stage and that there were different items that needed to be addressed.
Lou Bozarth-16202 Wasco Avenue, Wasco, CA stated her concern of not being notified regarding the project and the information she has seen looks as if it goes through her front yard. Mrs. Bozarth stated her disappointment in the way this issue has been handled. Commissioner Santillan apologized on behalf of the Commission, Director Raper apologized for the lack of notification and since being new to this project was under the impression that all the parties involved had been notified and would be willing to meet personally with her regarding the project. Mrs. Bozarth also asked if the BNSF Railroad was contacted about the project and if they were in favor of it. Director Raper stated the representatives for the railroad had been contacted and they are in support,
however the proper applications have not been filed at this time. Commissioner Santillan stated that the project is still in the planning stage and that nothing is final at this time.
Commissioner Drescher asked about the purchasing of affected properties by the City, Director Raper stated that no one would be forced to move from their property and the City has no intention of purchasing property. Anyone who would sell would deal individually with the private sector.
Vice Chairperson Santillan closed the public hearing at 7:37 PM.
Commissioner German made the motion to approve General Plan Amendment 07-06, Resolution No. 07-46, with a modification to include the Planning Department staff contact all property owners involved and keep them informed of the project and report back to the Commissioners. Seconded by Commissioner Forrest. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo, Drescher, Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-46-A resolution of the Planning Commission of the City of Wasco amending the circulation network of the City of Wasco’s General Plan Use Map.
e) General Plan Amendment 07-07 and Resolution - A General Plan Amendment amending the Circulation Element of the General Plan by adding a Section 5.5 Highway 46 Design Concepts and Highway 46 right of way. Applicant: City of Wasco.
Vice Chairperson Santillan opened the public hearing at 7:42 PM.
Director Raper reported on July 3, 2007, the City Council adopted Resolution No. 2007-2437 initiating various General Plan Amendments. As a result of this Resolution staff is proposing to amend certain items of the Circulation Element of the General Plan.
The adding of a Section 5.5 Highway 46 Design Concepts and Highway 46 right of way as reflected in Exhibit A establishes design concepts and a vision for Highway 46 based on a study completed in May 2006 entitled “City of Wasco Economic Development Opportunities Plan – Highway 46 Corridor”. In addition, the U.S. Department of Transportation Federal Highway Administration and the State of California Department of Transportation completed on October 2006 the Wasco 4-Lane Project and adopted a Mitigated Negative Declaration and Finding of No Significant Impact for the Highway 46 Corridor. In this report three segments of the corridor were designated for study. This study has identified right of ways needed for the functioning of Highway 46 and for Segment 1, Alternative 1
between Magnolia Avenue and Scofield Avenue, transitioning to a rural expressway west of Schofield Avenue was selected, for Segment 2, Alternative 9b was selected, and for Segment 3, Alternative 11a was selected.
An excerpt of the study is attached as Exhibit B. This exhibit highlights the conclusion of the report relating to the selected alternatives and illustrates the study area to be between Jumper Avenue Alignment (west of the Wasco Prison site) and Highway 43 just east of the railroad tracks.
The addition of Section 5.5 Highway 46 Design Concepts and Highway 46 Right of Way will reflect and implement the results of the two studies and references the two studies as an Appendix to the Circulation Element of the General Plan.
A brief discussion as to the alternate pictures given and if there are any applicants that would be affected, also the effects to the businesses currently located on the south side of Highway 46. Director Raper explained the pictures given as different options that could be considered and that there are a few applicants to the area. Director Raper stated he would be able to provide an overview of the project to show how much property would be given for the widening.
Vice Chairperson Santillan closed the public hearing at 7:54 PM.
Commissioner German made the motion to approve General Plan Amendment 07-07, Resolution 07-48 amending the Circulation Element of the General Plan by adding a Section 5.5 Highway 46 Design Concepts and Highway 46 right of way. Seconded by Commissioner Arredondo. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo; Drescher; Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-07-A Resolution of the Planning Commission of the City of Wasco amending the Circulation Element of the General Plan by adding a Section 5.5 Highway 46 Design Concepts and Highway 46 right of way.
f) General Plan Amendment 07-08 and Resolution - Amend Figure 5-2 by deleting Local Cul-De-Sac of 54’-0” Right of Way and establishing a 58’-0” Local Cul-De-Sac of 58’-0” Right of Way. (See Amendment to Street Sections Plate R1; Applicant: City of Wasco
Vice Chairperson Santillan opened the public hearing at 7:55 PM.
Senior Planner McNamara reported that on July 3, 2007, the City Council adopted Resolution No. 2007-2437, initiating various General Plan Amendments. As a result of this Resolution staff is proposing to amend certain items of the Circulation Element of the General Plan. These items are Figure 5-2 (Street Standards) and Policy 31.
In 2002 the City of Wasco conducted a comprehensive update of the General Plan and as a result of this update existing street standards were modified and new standards were added. One of these new standards was the Local Cul de Sac which allowed for a right-of-way of fifty four (54) feet which only left a travel lane of thirty two (32) feet (Exhibit A). This standard was to be applied to any new cul de sac that was constructed after 2002. After several of these cul de sacs were constructed it was determined by the Public Works Department that this reduced travel lane proved a hazard to City garbage trucks and any vehicles parked on the street.
As a result of this hazard the Public Works Department has requested that the Local Cul de Sac right-of way be fifty eight (58) feet which provides for a thirty six (36) foot travel lane. This fifty eight (58) foot right-of-way is the same that is found on all new local streets which have not created a hazard to City garbage trucks.
By deleting this right-of-way of fifty four (54) feet staff determined that Policy 31 needed to be amended so as not create conflicting right-of-way requirements. Policy 31 reads as follows:
Local Streets:
31a – 54-foot local streets may be used in cul-de-sacs or on local streets that will have traffic that does not exceed 750 ADT.
Staff is proposing to delete Policy 31a form the General Plan.
The text deletions are crossed out. For example TEXT when struck through is deleted and when TEXT IS ADDED it is underlined. All deleted text and new text are in red.
Commissioners asked about the effects on tracts already approved with the existing widths and the long range effects on future developments and would the extra 4’ make a difference. Director Raper reported that these changes will not affect current tracts and these changes are on new cul de sacs only.
Vice Chairperson Santillan closed the public hearing 8:02 PM.
Commissioner Santillan made the motion to approve General Plan Amendment 07-08, Resolution 07-49. Seconded by Commissioner Drescher. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo, Drescher, Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-49 amending the Circulation Element of the General Plan and more specifically to delete the Cul de Sac right-of-way of 5 feet and replace with a right-of-way of fifty eight feet and amend Policy 31.
g) Zoning Ordinance Text Amendment 07-03 and Resolution- Proposed Zoning Ordinance Text Amendment to Title 17 Zoning, Chapter 17.54 Precise Development (P-D) Combining District/Permit Review Guidelines AND Chapter 17.75 Permit Procedures to insure internal consistency of the process and to establish the ability to deviate from development standards, establish minor modifications to approved development plans, establish planning concept of density transfer, and establish of two tier review by first establishing a Precise Development
Combining Zone District and by the establishment of a Precise Development Plan Applicant: City of Wasco
Vice Chairperson Santillan opened the public hearing at 8:04 PM.
Director Raper reported on July 3, 2007, the City Council adopted Resolution No. 2007- Initiating various Zoning Ordinance Text Amendments to update, modify, expand, and to insure internal consistency to existing ordinances within the City of Wasco Municipal Code.
Proposed Zoning Ordinance Text Amendment to Title 17 Zoning, Chapter 17.54 Precise Development (P-D) Combining District/Permit Review Guidelines AND Chapter 17.75 Permit Procedures are to insure internal consistency of the process is established and discussion is expanded in the text. Staff also identified text that will establish the ability to deviate from development standards, to establish minor modifications to approved development plans, to establish a process and introduce the planning concept of density transfer, and finally to clarify that a two tier review is required by first establishing a Precise Development Combining Zone District and the second is by the establishment of a Precise Development Plans that are reviewed and approved by the Planning Director,
Planning Commission and the City Council.
The text deletions are crossed out. For example TEXT when struck through is deleted and when TEXT IS ADDED it is underlined. All deleted text and new text are in red.
Brief discussion on right of way widths.
Vice Chairperson Santillan closed the public hearing at 8:10 PM.
Commissioner German made the motion to approve Zoning Ordinance Text Amendment 07-03, Resolution No. 07-32. Seconded by Commissioner Forrest. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo, Drescher, Forrest, German, Sanitillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-32-A Resolution of the Planning Commission of the City of Wasco amending Title 17, Zoning by amending Chapters 17.54 Precise Development (P-D) Combining District and Chapter 17.75 Permit Procedures as reflected in Exhibit A.
h) Zoning Ordinance Text Amendment 07-04 and Resolution- Proposed Zoning Ordinance Text Amendment to Title 17 Zoning, Chapter 17.79 Property Maintenance AND Table 17.1 Permitted and Conditional Uses in Nonresidential Zones AND Table 17-3 Permitted and Conditionally Permitted Uses in Residential Zones. Establishing criteria for the placement of cargo containers in Commercial Zone Districts and in Public Facility Zoned District and in residential districts where such uses are public, quasi-public or utility or high density apartment complexes - Applicant: City of Wasco.
Vice Chairperson Santillan opened the public hearing at 8:13 PM.
Senior Planner McNamara reported on July 3, 2007, the City Council adopted Resolution No. 2007-2437, initiating various Zoning Ordinance Text Amendments to update, modify, expand, and to insure internal consistency to existing ordinances within the City of Wasco Municipal Code.
The proposed amendments to Title 17 Zoning, Chapter 17.79 Property Maintenance AND Table 17.1 Permitted and Conditional Uses in Nonresidential Zones AND Table 17-3 Permitted and Conditionally Permitted Uses in Residential Zones are to allow for the placement of cargo containers in certain areas of the City of Wasco.
Pursuant to Section 17.70 Definitions of the City of Wasco Zoning Ordinance a cargo container is a large metal box typically for the shipment of containerized goods. Currently the only areas in the City that cargo containers are allowed to be stored are in the Service Commercial (C-S) zone (Conditional Use Permit required) and the Light Industrial (I-L) and Heavy Industrial (I-H) zones. Furthermore, the storage of cargo containers implies an area to temporarily store cargo containers for future use and not the permanent placement of one cargo container utilized for personal storage. Additionally, per Section 17.79.03(N) it is unlawful to keep store or maintain cargo containers in any residential zone or residentially developed property.
The issue of cargo containers was raised when Code Enforcement Officers of the City of Wasco cited a business for having a cargo container in the C-D (Central Business District) zone. As a result of this citation staff conducted a review of the 1980, 1987 and 2002 City of Wasco Zoning Ordinances. As a result of this review staff was able to determine the following:
1980 Zoning Ordinance:
This version of the Zoning Ordinance did not address the issue of the allowable uses and locations of cargo containers.
1987 Zoning Ordinance:
In this version of the Zoning Ordinance the term “cargo container” was found in four sections:
Section 17.21 Light Industrial (M-1) Zone:
Section 17.21.02(C): Industrial Uses
17.21.02(C) (2) (c): Cargo Containers
Section 17.22 Medium Industrial (M-2) Zone:
Section 17.21.02(D): Industrial Uses
17.21.02(D) (2) (c): Cargo Containers
Section 17.21 Heavy Industrial (M-3) Zone:
Section 17.21.02(B): Industrial Uses
17.21.02(B) (2) (c): Cargo Containers
Section 17.70 Definitions:
Cargo container: A large metal box typically used for the shipment of containerized goods. Not allowed to be stored and/or used in any Residential or Commercial Zone.
2002 Zoning Ordinance:
This version of the Zoning Ordinance discusses “cargo containers” in the following sections:
Section 17.70 Definitions:
Cargo container: A large metal box typically used for the shipment of containerized goods.
Table 17-1 Permitted and Conditional Uses in Non Residential Zones:
Cargo container storage is conditionally allowed in the C-S (Service Commercial) Zone and allowed by right in Light Industrial and Heavy Industrial zones.
The proposed amendment to Table 17-1 would not affect the Service Commercial, Light Industrial or Heavy Industrial zones but it would affect the following zones: C-D (Central Business District), C-N (Neighborhood Commercial), C-H (Highway Commercial), C-R (Community Retail), P-O (Professional Office), and P-F (Public Facilities).
This information was provided to the City Council on July 3, 2007 at which time Council directed staff to prepare alternatives to allow for businesses to use a cargo container as ancillary storage units. During this research it was determined that there are certain uses that are in residential zones but are not residential in nature. These uses are public, quasi-public, institutional or high density apartment complexes. Therefore staff is also proposing to amend Table 17-3 to allow for the use of cargo containers as ancillary storage containers in residentially zoned areas that are use for Staff is making this recommendation based on the following:
· Public, quasi-public, institutional or high density apartment complexes usually have supplies, inventory and equipment which cannot be stored outside.
· These uses are usually on larger lots therefore there is ample room on the lot to place the cargo container without creating an unsightly nuisance to adjacent residential properties.
Based on the City Council’s directive staff has proposed the following criteria for approval:
1. Any cargo container would require a Conditional Use Permit prior to the placement of the cargo container.
2. No cargo container can be visible from the primary street frontage of the lot.
3. If the parcel containing the cargo container is located at the intersection of two (2) streets (alleys excluded), than the cargo container shall be screened from view in a manner approved by the Planning Director.
4. The cargo container shall be painted the same color or complimentary color of the structure so as to lessen the visibility to the eye as approved by the Planning Commission or Planning Department.
5. Failure to comply with these conditions shall result in the Conditional Use Permit being revoked by the Planning Commission.
The text deletions are crossed out. For example TEXT when struck through is deleted and when TEXT IS ADDED it is underlined. All deleted text and new text are in red.
Discussion by the Commissioners regarding the concern of a large amount of these containers ending up around the City and if there were some containers that would be affected. Senior Planner McNamara stated the owner of Wasco Valle Florist had approached the City Council and asked that they be allowed. Senior Planner McNamara stated that these are only allowed in commercial and high-density residential (apartments), Commissioner Santillan stated that there is a need for these in some areas due to lack of space and that the containers would be seen on a case by case basis and can be controlled by Conditional Use Permits. Senior Planner McNamara pointed out that Item 5 of the Conditional Use Permits stated that a permit can be revoked.
Vice Chairperson Santillan closed the public hearing at 8:27 PM.
Commissioner German made the motion to approve Zoning Ordinance Text Amendment 07-04, Resolution 07-33. Seconded by Commissioner Drescher. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo, Drescher, Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-33-A Resolution of the Planning Commission of the City of Wasco amending Title 17 Zoning, Chapter 17.79 Property Maintenance and Table 17.1 Permitted and Conditional Uses in Nonresidential Zones and Table 17-3 Permitted and Conditionally Permitted Uses in Residential Zones.
i) Zoning Ordinance Text Amendment 07-06 and Resolution- Proposed Zoning Ordinance Text Amendment to Title 17 Zoning, Adding Chapter 17.64 Williamson Act Regulations to establish rules for the administration of Williamson Act Contracted lands annexed to the City of Wasco and for lands under Williamson Act Contract within the City of Wasco’s Sphere of Influence - Applicant: City of Wasco.
Vice Chairperson Santillan opened the public hearing at 8:29 PM
Director Raper On July 3, 2007, the City Council adopted Resolution No. 2007- , Initiating various Zoning Ordinance Text Amendments to update, modify, expand, and to insure internal consistency to existing ordinances within the City of Wasco Municipal Code and its General Plan.
Proposed Zoning Ordinance Text Amendment to Title 17 Zoning, by adding Chapter 17.64 Williamson Act Regulations will establish City procedures for the administration of Williamson Act Contracts on lands annexed to the City of Wasco. The regulation establish the annual reporting to the State of California Department of Conservation and establishes the City’s intent of not entering into or creating new Williamson Act Contracts within it Sphere of Influence or within its City Limits.
Chapter 17.64 is a proposed new chapter to the City of Wasco Municipal Code, Title 17 Zoning.
Commissioner German asked if property currently under Williamson Act contract would be able to renew when the property is annexed, Director Raper stated that the contracts would still be valid. Commissioner Drescher asked if the contract was renewed automatically, Director Raper stated that the contracts are renewed automatically unless the owners ask for them not to be.
Walt Desatoff-15850 Wasco Avenue, Wasco, CA was not clear on the wording and was confused as to whether the City was trying to dissolve Ag land. Director Raper stated the City encourages cancellation under non-renewal or immediate cancellation, normally this doesn’t happen unless a development is trying to come in immediately, also the wording states they shall encourage not mandate. Disclosure states that the contracts exist as long as they are allowed to exist.
Vice Chairperson closed the public hearing at 8:49 PM.
Commissioner Forrest made the motion to approve Zoning Ordinance Text Amendment 07-06, Resolution 07-35. Seconded by Commissioner German. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo, Drescher, Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-35-A Resolution of the Planning Commission of the City of Wasco amending Title 17, Zoning by adding Chapter 17.64 Williamson Act Regulations as reflected in Exhibit A.
j) Zoning Ordinance Text Amendment 07-07 and Resolution- Proposed Zoning Ordinance Text Amendment to Title 17 Zoning, Adding Chapter 17.66 Right to Farm Ordinance Applicant: City of Wasco.
Vice Chairperson Santillan opened the public hearing at 8:50 PM.
Director Raper reported on July 3, 2007, the City Council adopted Resolution No. 2007- Initiating various Zoning Ordinance Text Amendments to update, modify, expand, and to insure internal consistency to existing ordinances within the City of Wasco Municipal Code and its General Plan.
Proposed Zoning Ordinance Text Amendment to Title 17 Zoning, by adding Chapter 17.66 Right to Farm ordinance will establish notification and disclosure requirements where urban development extends into areas that have agricultural activities. The ordinance also discloses that the City of Wasco is supportive of agricultural activities and recognizes the importance of the agricultural operations to the City.
Chapter 17.66 is a proposed new chapter to the City of Wasco Municipal Code, Title 17 Zoning.
Discussion on the need for this ordinance due to the EIR, if this was an effort to head off any problems; Director Raper stated the need for this ordinance especially with an Ag based area.
Walt Desatoff-18580 Wasco Avenue, Wasco, CA was concerned when urbanization adjoins Ag properties would this hinder the use of chemicals on the Ag property. Director Raper stated as long as the Federal and State guidelines were followed as far as the use of chemicals it would be business as usual.
Vice Chairperson closed the public hearing at 8:53 PM.
Commissioner German made the motion to approve Zoning Ordinance Text Amendment 07-07, Resolution 07-36. Seconded by Commissioner Drescher. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo, Drescher, Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-36-A Resolution of the Planning Commission of the City of Wasco amending Title 17, Zoning by adding Chapter 17.66 Right to Farm as reflected in Exhibit A.
k) Zoning Ordinance Text Amendment 07 – 08 and Resolution – Establish ordinance to regulate oil production and extraction operations within the City of Wasco by adding Chapter 17.70 Oil Production - Applicant City of Wasco
Vice Chairperson Santillan opened the public hearing at 8:53 PM.
Senior Planner McNamara reported on July 3, 2007, the City Council adopted Resolution No. 2007-2437, initiating various Zoning Ordinance Text Amendments to update, modify, expand, and to insure internal consistency to existing ordinances within the City of Wasco Municipal Code and its General Plan.
Proposed Zoning Ordinance Text Amendment to Title 17 Zoning, by adding Chapter 17.67 Oil and Gas Production as reflected in Exhibit A will provide regulatory control over any future oil production operation proposed within the community.
Chapter 17.67 is a proposed new chapter to the City of Wasco Municipal Code, Title 17 Zoning.
Brief discussion by Commissioners.
Vice Chairperson closed the public hearing at 9:01 PM.
Commissioner Santillan made the motion to approve Zoning Ordinance Text Amendment 07-08, Resolution 07-37. Seconded by Commissioner Forrest. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo, Drescher, Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-37-A Resolution of the Planning Commission of the City of Wasco amending Title 17, Zoning by adding Chapter 17.67 Oil Production as reflected in Exhibit A.
l) Zoning Ordinance Text Amendment 07-09 and Resolution – Establish Ordinance to regulate Mining and Quarrying within the City of Wasco and within the City of Wasco’s Sphere of Influence; Applicant: City of Wasco.
Vice Chairperson Santillan opened the public hearing at 9:02 PM.
Director Raper reported on July 3, 2007, the City Council adopted Resolution No. 2007-2437, initiating various Zoning Ordinance Text Amendments to update, modify, expand, and to insure internal consistency to existing ordinances within the City of Wasco Municipal Code and its General Plan.
Proposed Zoning Ordinance Text Amendment to Title 17 Zoning, by adding Chapter 17.67 Oil and Gas Production as reflected in Exhibit A will provide regulatory control over any future oil production operation proposed within the community.
Chapter 17.67 is a proposed new chapter to the City of Wasco Municipal Code, Title 17 Zoning.
Vice Chairperson closed the public hearing at 9:06 PM.
Commissioner Arredondo made the motion to approve Zoning Ordinance Text Amendment 07-09, Resolution 07-38. Seconded by Commissioner German. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo, Drescher, Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-38-A Resolution of the Planning Commission of the City of Wasco amending Title 17, Zoning by adding Chapter 17.6 Mineral Extraction as reflected in Exhibit A.
m) Zoning Ordinance Text Amendment 07-10 and Resolution – ZOTA 07-10. Proposed Zoning Ordinance Text Amendment to Title 17 Zoning, Amendment to Chapter 17.75 Permit Procedures providing for the appeal of the Planning Director’s action and Planning Commission action by City Council without payment of fee Applicant City of Wasco.
Vice Chairperson Santillan opened the public hearing at 9:07 PM.
Director Raper reported On July 3, 2007, the City Council adopted Resolution No. 2007- Initiating various Zoning Ordinance Text Amendments to update, modify, expand, and to insure internal consistency to existing ordinances within the City of Wasco Municipal Code and its General Plan.
Proposed Zoning Ordinance Text Amendment to Title 17 Zoning, by amending Chapter 17.75 Permit Procedures establishes a process for the appeal of the Planning Director’s action and Planning Commission action without payment of an appeal fee.
Brief discussion regarding past fees and procedures and the need for this amendment, Director Raper and Senior Planner McNamara answered these items.
Vice Chairperson closed the public hearing at 9:16 PM.
Commissioner Forrest made the motion to approve Zoning Ordinance Text Amendment 07-10, Resolution 07-39. Seconded by Commissioner Santillan. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo, Drescher, Forrest, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
ABSTAIN: Commissioner: German
Resolution 07-39-A Resolution of the Planning Commission of the City of Wasco amending Title 17, Zoning by amending Sections 17.75.02 B-1 and17.75.03 4-6 authorizing appeal by two council members without payment of fee a reflected in Exhibit A.
n) Zoning Ordinance Text Amendment 07-11 an Resolution - Amend Section 17.51.05 (DD4) Highway 46 Corridor Design District by incorporating the May 2006 City of Wasco Economic Development Opportunities Plan Highway 46 Corridor and Wasco 4-Lane Project Report dated October 2006 - Applicant: City of Wasco
Vice Chairperson Santillan opened the public hearing at 9:18 PM.
Commissioner Drescher recused herself due to possible conflict of interest.
Director Raper reported on July 3, 2007, the City Council adopted Resolution No. 2007-, initiating various Zoning Ordinance Text Amendments to update, modify, expand, and to insure internal consistency to existing ordinances within the City of Wasco Municipal Code.
Proposed Zoning Ordinance Text Amendment to Title 17 Zoning, Chapter 17.51 Design Districts, Section 17.51.05 (DD4) Hwy 46 Corridor Design District will add required implementation of the May 2006 Economic Development Opportunities Plan for Hwy 46 Corridor and the Highway 46 Corridor and Wasco 4-Lane Project Report dated October 2006. New development and development with expansion shall be required to incorporate design concepts into the design and architectural treatment in accordance with the plans. The Proposed Text Amendment is as follows:
C. Incorporation of Highway 46 Corridor Plan dated May 2006 and October 2006.
The May 2006 Economic Development Opportunities Plan for Highway 46 Corridor, on file at the Planning Department, provides for the New Vision for the Highway 46 Corridor. New development and development with expansion shall incorporate design concepts into the design and architectural treatment in accordance with this plan. The Wasco 4-Lane Project for segments of Highway 46 provides for the development of right of way. (September 2007)
The text deletions are crossed out. For example TEXT when struck through is deleted and when TEXT IS ADDED it is underlined. All deleted text and new text are in red
After brief discussion Vice Chairperson Santillan closed the public hearing at 9:22 PM.
Commissioner German made the motion to approve Zoning Ordinance Text Amendment 07-11, Resolution 07-43. Seconded by Commissioner Arredondo. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo, Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
ABSTAIN: Commissioner Drescher
Resolution 07-43-A Resolution of the Planning Commission of the City of Wasco amending Title 17, Zoning by amending Chapters 17.51 Design Districts, Section 17.51-05 (DD4) Hwy 46 Corridor Design District by adding Subsection C. Design Compliance with Economic Development Opportunities Plan – Highway 46 Corridor and Highway 46 Corridor and Wasco 4-Lane Project Report dated October 2006 as reflected in Exhibit A.
o) Subdivision Ordinance Text Amendment 07-08 and Resolution – Amend the City of Wasco Subdivision Ordinance, City of Wasco Construction Standards Plate R1 by modifying Collector Right of Way Width from 90’-0” to 104-0” and by modifying Local Street Right of Way from 65’-0” o 58’-0 - Applicant: City of Wasco.
Vice Chairperson Santillan opened the public hearing at 9:23 PM.
Senior Planner McNamara reported on July 3, 2007, the City Council adopted Resolution No. 2007- Initiating various Zoning Ordinance Text Amendments to update, modify, expand, and to insure internal consistency to existing ordinances within the City of Wasco Municipal Code.
The proposed amendment to Title 16 Subdivision Ordinance, Construction Standards, Plate R-1(Street Standards) and Plate R-2 (Curb, Gutter and Sidewalk), is one such amendment. This amendment would insure that the Street Standards in the Subdivision Ordinance are consistent with the Circulation Element of the General Plan.
In 2002, the City of Wasco completed an update to the City of Wasco’s General Plan. As a part of this update new street design standards were added to the Circulation Element of the General Plan (Exhibit A). These standards modified street classifications, rights-of-way and design guidelines. These new standards were adopted as a method to slow traffic and provide a more pedestrian friendly streetscape. Upon adoption of the updated General Plan these new street standards should have replaced the existing street standards found in the City of Wasco’s Subdivision Ordinance, Plate R-1. These new standards were never included in the Subdivision Ordinance therefore creating an inconsistency between the City’s General Plan and Subdivision Ordinance.
The existing standards are shown in Exhibit B, while the new standards are shown in Exhibit C. The differences in the standards are as follows:
Arterial:
· The old standard shows a center median of eighteen (18) feet. The new standards show a sixteen (16) foot wide median.
· The existing standards show a total width of ninety (90) feet from flow line to flow line (face of curb). The new standards show a total width of seventy four (74) feet from flow line to flow line.
· The existing standards show ten (10) feet of landscaping on each side while the new standards show eighteen (18) feet per side.
· The old standard allows for three (3) different sidewalk types (Exhibit D). The new standard would only allow the Type 2 sidewalk.
Collector:
· The old standard shows a right-of-way of ninety (90) feet. The new standard shows a right-of-way of eighty six (86) to one hundred and four (104) feet.
· The old standard shows a total of seventy (70) feet from flow line to flow lie. The new standards show a width of forty six (46) to sixty four (64) feet.
Local:
· The new classification is Minor Collector/Local.
· The old standard shows a right-of-way of sixty five (65) feet. The new standard shows a right-of-way of fifty eight (58) feet.
· The old standard shows a total of forty (40) feet from flow line to flow line while the new standard shows thirty six (36) feet from flow line to flow line.
· The old standard shows a landscaped area of twelve and one half (12 ½) feet per side. The new standard shows eleven (11) feet per side.
The Circulation Element of the General Plan has a fourth road classification of Local Cul-de-Sac. This classification is not reflected in the Subdivision Ordinance and staff is proposing to remove this classification from the General Plan.
Another major difference between the old standards shown on Plate R-1 and the new standards is the requirement that all new streets, regardless of classification are required to install a landscape strip and street trees. As a result of these manor/mow strips and street trees the only sidewalk that can be used is Type 2 because Types 1 and 3 have the sidewalk directly behind the curb while Type 2 doesn’t require that the side walk be located at the back of curb (Exhibit D).
The proposed amendment to Plate R-2 (Curbs, Gutter and Sidewalks) would be to add Item 8 under the General Notes Section. Item 8 would be worded as follows:
8) Sidewalk Type 2 shall be required for new subdivisions and parcel maps
The text deletions are crossed out. For example TEXT when struck through is deleted and when TEXT IS ADDED it is underlined. All deleted text and new text are in red.
After a brief discussion Vice Chairperson Santillan closed the public hearing at 9:32 PM.
Commissioner Arredondo made the motion to approve Subdivision Ordinance Text Amendment 07-08, Resolution 07-40. Seconded by Commissioner German. Motion carried and title read with the following vote:
AYES: Commissioners: Arredondo, Drescher, Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-40-A Resolution of the Planning Commission of the City of Wasco amending Title 16, Subdivision Ordinance, Construction Standards Plate R-1 (Street Standards).
p) Subdivision Ordinance Text Amendment 07-09 and Resolution - Amend the City of Wasco Subdivision Ordinance, City of Wasco Construction Standards Plate D5 by modifying type of fencing and screening to be constructed around Drainage Basins. Plate D5 shall be amended by deleting Chain Link Fencing and establish the required approval by the Planning Commission as to the type and design of screening surrounding drainage basins. All drainage basins shall be screened and such screening type and design must be approved by the Planning Commission as provided in Section 16.32.170 of the Subdivision Ordinance; Applicant: City of
Wasco
Vice Chairperson Santillan opened the public hearing at 9:34 PM.
Senior Planner McNamara reported the proposed amendment is to amend Title 16 Subdivision Ordinance, Construction Standards, Plate D-5 (Drainage Basin) (Exhibit A). The purpose of this amendment is to establish greater control by the City of Wasco Planning and Public Works Department in the method of screening drainage basins.
The current standards found on Plate D-5 (Drainage Basin) require that a six (6) foot high chain link fence with redwood slats be erected around any drainage basin. Based on the concerns of the City Council and Planning Commissioners staff is proposing to restrict the use of chain link and replace it with a masonry wall on all sides and that the required gate shall be wrought iron with a fine mesh screen in back. Additionally, said enclosure shall be approved by the Planning and Public Works Departments prior to construction. These modifications can be found on Exhibit B.
The text deletions are crossed out. For example TEXT when struck through is deleted and when TEXT IS ADDED it is underlined. All deleted text and new text are in red.
Discussion regarding safety concerns between chain link fencing compared to block wall and wrought iron keeping children out of drainage basins. Also, the aesthetics of the different fences. Director Raper stated his understanding was the Commission requested screening of the sumps which the masonry wall with wrought iron gate was intended to do. He also stated the Commission would be setting guidelines which could possibly be done on an individual basis per development. Senior Planner McNamara explained 3-tier sumps and the possibility of those in future developments. There was also discussion on the differences between controlled water and nuisance water, Senior Planner McNamara explained the differences.
Vice Chairperson Santillan closed the public hearing at 10:00 PM.
Commissioner Forrest made the motion to approve Subdivision Ordinance Text Amendment 07-09, Resolution 07-40 amendment to, Title 16 Subdivision Ordinance, Construction Standards Plate D-5 (Drainage Basin). Subject to the following modifications and/or addition to the proposal, Planning Commission shall review fencing and screening at time of map approval and have developer submit their proposed fencing and screening plan prior to map approval. Seconded by Commissioner German. Motion carried and title read with the following
vote:
AYES: Commissioners: Arredondo, Drescher, Forrest, German, Santillan
NOES: None
ABSENT: Commissioners: Brown, Mitchell
Resolution 07-41-A Resolution of the Planning Commission of the City of Wasco amending Title 16, Subdivision Ordinance, Construction Standards Plate D-5 (Drainage Basin).
10. INFORMATION ITEMS
a) Approved City Council Minutes for review
11. PLANNING DIRECTOR’S REPORTS
Director Raper reported on the 91 acre big box development proposing a movie theatre and restaurant. Senior Planner McNamara reported that he had received the KFC/A&W split company plan for review. Also, Jack in the Box has shown an interest in coming to Wasco. McNamara also reported that he would be attending the Water and Land Use workshop and would bring a report back to the Commissioners.
12. COMMISSIONERS COMMENTS
Commissioner Forrest asked about the Red Roof Inn, Senior Planner McNamara explained what issues were still being worked out on the developers end. He also asked about the auction of homes at Innovative Communities, Secretary Lopez explained the process of this as explained to her by Innovative Communities staff. Commissioner Santillan inquired as to the placement of the sign on 7th and Peters, he thought they had approved the sign at 7th and Palm, Senior Planner McNamara said he would look into this issue.
13. ADJOURNMENT
Commissioner Forrest made the motion to adjourn the meeting at 10:14 PM. Seconded by Commissioner Arredondo. All in favor, motion carried.
Jake Raper, Planning Director
Minutes Approved
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