CITY OF WASCO
PLANNING COMMISSION MEETING
FEBRUARY 11, 2008– 7:00 P.M.
746 8th Street, Wasco, California
CALL TO ORDER by Chairperson Santillan at 7:04 pm
FLAG SALUTE and INVOCATION led by Chairperson Santillan
ROLL CALL
Present: Chairperson Santillan; Commissioners Drescher; Forrest; German; Hutson
Absent: Commissioners; Arredondo; Elholm
Staff: Eva Plaza City Attorney, Interim Planning Director Jake Raper, Senior Planner Dennis McNamara; Secretary Stacie Lopez
5. AWARDS AND PRESENTATIONS
Chairperson Santillan thanked Vetrice Mitchell for her 8 years of service on the Planning Commission.
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. NONE
7. AGENDA ADDITIONS/DELETIONS
Director Raper asked that item number 13 be pulled from the agenda and placed after item number 8, in order for Commissioners to confer with Legal Counsel on possible litigation.
Item 13 moved after Item 8
8. CONSENT CALENDAR
a) Approval of Minutes January 14, 2008
b) Approve the Reading of all Resolutions by Title only
Commissioner Hutson made a motion to approve the minutes from the January 14, 2008 meeting and to read all resolutions by title only. Seconded by Commissioner German. All in favor. Motion carried.
13. CLOSED SESSION
Confer with Counsel regarding:
Potential Litigation pursuant to
Government Code Section 54956.9
Commissioner Santillan moved to adjourn to closed session at 7:08 pm. All in favor
Commissioners Santillan, Drescher, Forrest, German and Hutson returned from closed session.
Commissioner Santillan reopened the regular meeting at 7:17 p.m.
City Attorney Eva Plaza reported that no action was taken in closed session.
9. PUBLIC HEARINGS – POLICY ITEMS
b) Zone Change 08-02 – An amendment to the City of Wasco Zoning Map assigning a P-D (Precise Development) Overlay Zone to the Base Zone of R-R (Rural Residential) (PD-CR 0802) to Assessor’s Parcel Number’s 487-010-53 and 487-010-54
Chairperson Santillan opened the public hearing at 7:18 p.m.
Senior Planner McNamara gave staff report on Zone Change 08-02 which would amend the City of Wasco Zoning Map from a Precise Development (P-D) Overlay Zone to a Base Zone of Rural Residential (PD-RR 0802) on Assessor’s Parcel Numbers 487-010-53 and 487-010-54. Staff recommended approval.
After a brief discussion by Commissioners Chairperson Santillan closed the public hearing at 7:21 p.m.
Commissioner German made a motion to recommend approval for Zone Change 08-02. Seconded by Commissioner Hutson. Motion carried with the following vote:
AYES: Commissioners: Drescher, Forrest, German, Hutson, Santillan
NOES: None
ABSENT: Commissioners: Arredondo, Elholm
Secretary Lopez read the resolution by title – Resolution 08-09 – A Resolution of the City of Wasco Planning Commission recommending the City Council approve Zone Change 08-03 by amending the City of Wasco Zoning Map Zone Designation from R-R to PD-RR 0803 (Precise Development – Rural Residential 0801) For Assessor’s Parcel Number 487-010-583 and 487-010-54 as shown in Exhibit A.
a) Precise Development 07-09. A Precise Development Plan to allow the construction of a subdivision with lots sizes (16,000 sq. ft on average) that are less than those allowed by the Base Zone District of R-R (Rural Residential) that requires a minimum lot size of 20,000 square feet). Accept and approve the Addendum to the Mitigated Negative Declaration that was previously approved for Tentative Tract 7096.
Senior Planner McNamara asked that item 9b be heard before 9a.
Chairperson Santillan opened the public hearing at 7:23 p.m.
Senior Planner McNamara gave staff report on Precise Development Plan 07-09 to allow the construction of a subdivision with lot sizes (16,000 square feet on average) that are less than those allowed by the Base Zone District of R-R (Rural Residential) that requires a minimum lot size of 20,000 square feet and to accept and approve the Addendum to the Mitigated Negative Declaration that was previously approved for Tentative Tract 7096.
No discussion by Commissioners.
Chairperson Santillan closed the public hearing at 7:23 p.m.
Commissioner Hutson made a motion to recommend approval for Precise Development plan 07-09. Seconded by Commissioner Drescher. Motion carried with the following vote:
AYES: Commissioners: Drescher, Forrest, German, Hutson, Santillan
NOES: None
ABSENT: Commissioners: Arredondo, Elholm
Secretary Lopez read the resolution by title – Resolution 08-08 – A Resolution of the Planning Commission of the City of Wasco recommending conditionally approving Precise Development Plan 07-09 as illustrated in various exhibits and as conditioned in Exhibit A for Tentative Tract 7096 located at the southeast corner of Annin Avenue and McCombs Road, Assessor’s Parcel Numbers 487-010-53 and 487-10-54 and Addendum to the Mitigated Negative Declaration prepared for the Tentative Tract 7096.
c) Tentative Tract Extension 6671- The application of A and G Land Investments for a one (1) year extension to Tentative Tract 6671, a twenty (20) lot subdivision located at the southeast corner of Central Avenue and Poso Drive (APN # 490-010-04)
Chairperson Santillan opened the public hearing at 7:30 p.m.
Senior Planner McNamara asked the Commission to continue the public hearing until the March 10, 2008 regularly scheduled meeting.
There were no objections by Commissioners.
Chairperson Santillan continued the public hearing at 7:31 p.m.
d) Final Environmental Impact Report (FEIR) For the Rose City Industrial
Park Project - Certification of EIR, adoption of State of Overriding Considerations and Findings of Fact, and implementation of the a Mitigation Monitoring Program for the area generally located south of Hwy 46, west of Root Avenue planned extension, north of Kimberlina Road, and east of BNSF Rail lines.
Chairperson Santillan opened the public hearing at 7:31 p.m.
Jake Raper gave staff report on the Certification of the EIR, adoption of Statement of Overriding Considerations and Findings of Fact, and implementation of a Mitigation Monitoring Program for the area generally located south of Hwy 46, west of Root Avenue planned extension, north of Kimberlina Road, and east of BNSF Rail lines he explained that the process for the EIR started in June 2006. Jake introduced Eric Von Berg and Tiffany Wright. A copy of the City of Wasco Rose City Industrial Park power point presentation was distributed to the Planning Commission shown as Attachment A. Eric Von Berg gave a power point presentation on the EIR studies that were done on the annexation of area, roads, rail spurs, and air quality and water usage. Director Raper introduced new
correspondence to the Planning Commission shown as Attachment B as follows; letter from Gordon Knipp, Sierra Club pages 2 through 7, letter from Mr. Tom Frantz, citizen of Shafter pages 8 through 17, letter from Jake Sweeney, City of Shafter page 18. Eric VonBerg with URS presented the Planning Commission with new ERRATA sheets for the Final Environmental Impact Report shown as Attachment C. The sections are as follows; Attachment C Section 1 Errata to FEIR; Attachment C Section 2 Errata to Response to Comments; Attachment C Section 3 Fair Share Cost Estimate and Allocation Implementation; Attachment C Section 4 Updated Mitigation Monitoring Program; Attachment C Section 5 Errata to Findings of Fact.
Questions were asked by the Commissioners regarding hazardous materials, off site monitoring, train units per week, tax differences on re-zoned farm land and water tables. Eric Von Berg explained the monitoring system, verified the number of train units per week and explained the water tables. Director Raper pointed out that the County Tax Assessor figures how property is taxed and we did not have that information.
Chairperson Santillan called for a break in the meeting at 8:32 p.m. Meeting was reopened by Chairperson Santillan at 8:47 p.m.
Randy Treece – Caltrans – Submitted letter dated February 11, 2008 to the Planning Commission, Attachment D, and spoke in favor of the EIR and commented on the future right-of-way for Highways 43 and 46.
Gordon Knipp – Kern Keweah Chapter Sierra Club – presented the Commission with a letter from the Attorney for the Sierra Club dated February 11, 2008, Attachment E. Secretary Lopez acknowledged receipt of letter and supplied copies of letter to Commissioners. Gordon Knipp spoke in opposition of the Certification of the EIR as submitted, the points of comment were; farmland mitigation; air pollution; global warming; water supplies, effects on ground water. Mr. Knipp urged conditions be put on the EIR if approved.
Edward Settle – Rose City Renewables office address 5330 Office Center Court, Bakersfield – addressed question by Commissioners on train units per week, he also thanked staff for their work and support of project. Mr. Settle gave his background; his main point of comment was providing local jobs. He also answered questions by Commissioners on the different items that could be used for production of ethanol.
John Martin – 1316 J Street, Wasco – Voiced his concerns on the vacation of Wasco Avenue due to use by the citizens of Wasco.
Maribel Nzegwu – 1302 Jefferson Street, Delano - Center for Race, Poverty and the Environment – Presented the Commission with a letter from the attorney for the Center for Race, Poverty and the Environment dated February 11, 2008, Attachment F. Secretary Lopez acknowledged receipt of letter and supplied copies to the Commissioners. Maribel Nzegwu spoke in opposition of the Certification of the EIR, the points of comment were; non-conformance with CEQA guidelines; green house emissions; water quality; water impact.
Daniella Siminovich – Center for Race, Poverty and the Environment – 1302 Jefferson Street, Delano – Spoke in opposition of the Certification of the EIR, the main points of comment were; efficiency of corn based ethanol; health issues; pollution; food price increases; types of jobs available believed to be specialized training; impact of residents of labor camp.
Tom Frantz – 3100 Orange Street, Shafter – Spoke in opposition to the Certification of the EIR. Mr. Frantz informed the Commission that a letter was submitted to Planning Department prior to the meeting and asked if they had received this, Director Raper stated that a packet had been given to the Commissioners of all correspondence received. Mr. Frantz’ main points of comment were; concern of proximity to new schools; proximity to residential areas; reasons for ethanol plants to come to Wasco; odor issues. Mr. Frantz asked for the EIR to be restudied.
Lou Bozarth – 16202 Wasco Avenue – Spoke in opposition to the EIR and explained to the Commission a “brown field”, Mrs. Bozarth’s main points of comment were; addressing “brown fields”; earth supplies; global supply effects; farming around rail spurs; emissions from explosions.
John Albertson – P.O. Box 119, Wasco – Spoke in opposition to the Certification of the EIR. Mr. Albertson’s main points of comment were; the affects to the community of Wasco; smog, traffic impact; possible train derailment; amount of jobs; drainage patterns; proximity to proposed new high school.
Walt Desatoff with Malofy Farms – 15850 Wasco Avenue, Wasco – Spoke in opposition to the Certification of the EIR. Mr. Desatoff’s main points of comment were; proximity and access to their property; taking of prime agricultural land; preliminary railroad spurs cutting into property; harmful emissions; daily water usage; lowering of water tables; purchasing of water from SWID; types of chemicals used; air quality; questioning report by Munifinancial.
Marilee Malofy-Desatoff – 15850 Wasco Avenue, Wasco – Mrs. Malofy’s main comments were; the human element; education; health care; recreation.
Brian Pellens – Rose City Renewables – 5330 Office Center Court, Bakersfield – Brian Pellens thanked the City Staff and URS for their work on the EIR. Mr. Pellens explained the need of ethanol plants for good rail service, highway access and land zoned Heavy Industrial. Mr. Pellens pointed out that he also lives in Bakersfield. Mr. Pellens main points of comment in favor of the EIR were; energy efficiency of ethanol; cost effectiveness; cheaper to produce than foreign oil.
Lucinda Herron – 16202 Wasco Avenue – Addressed question to Commission if there were any other properties available for project.
Chairperson Santillan closed the public hearing at 10:33p.m.
Comments from the Commissioners were on the weight of the decisions being made and understanding the feelings of all involved. It was also asked by Commissioners if this would go to City Council, staff explained that an approval tonight would be a recommendation for the City Council to hear the Certification.
Commissioner German made a motion to recommend approval for the Certification of EIR, adoption of State of Overriding Considerations and Findings of Fact, and implementation of the a Mitigation Monitoring Program for the area generally located south of Hwy 46, west of Root Avenue planned extension, north of Kimberlina Road, and east of BNSF Rail lines. Seconded by Commissioner Hutson. Motion carried with the following vote:
AYES: Commissioners: German, Hutson, Santillan
NOES: Commissioners: Dresher, Forrest
ABSENT: Commissioners: Arredondo, Elholm
Chairperson Santillan called a break at 10:40 p.m. Chairperson Santillan reopened the meeting at 10:56 p.m.
Resolution 2008-07 – A Resolution of the Planning Commission of the City of Wasco recommending to the City Council Certification of the Environmental Impact Report in accordance with State Law for the Rose City Industrial Park Project; Adoption of Mitigation Measures that are Incorporated in the Rose City Industrial Park Mitigation Monitoring and Reporting Program applicable to development projects occurring in the Rose City Industrial Park; and adopt Statement of Overriding Considerations and Findings of Facts for Associated Projects of Rose City Industrial Park consisting of approximately 1,640 acres.
e) Sphere of Influence Amendment/Annexation 07-01 – Annexation 07-01/Reorganization – Prezone Amendment 07-15 –
· Amending City of Wasco’s Sphere of Influence by adding approximately 530 acres generally located north of Kimberlina Road, west of Root Avenue planned extension, south of Jackson Ave, and east of BNSF Rail lines;
· Reorganization/Annexation of 1640 acres +/- of the Rose City Industrial Park Project area generally located south of Hwy 46, west of Root Avenue planned extension, north of Kimberlina Road, and east of BNSF Rail lines;
· Prezone Amendment No. 07-15 Amending the City of Wasco Zoning Map by Prezoning the Rose City Industrial Park Project Area as (PD-HI 0802) Planned Development-Heavy Industry changing from the Kern County Zoning Designation of Agricultural (A) affecting 1640 acres generally located south of Hwy 46, west of Root Avenue planned extension, north of Kimberlina Road, and east of BNSF Rail lines
Chairperson Santillan opened the public hearing at 10:56 p.m.
Director Raper gave staff report on the Sphere of Influence Amendment 07-01, Annexation/Reorganization 07-01, Prezone Amendment 07-15.
Chairperson Santillan closed the public hearing at 11:01 p.m.
Commissioner Hutson made a motion to recommend approval for Sphere of Influence Amendment 07-01, Annexation/Reorganization 07-01, Prezone Amendment 07-15. Seconded by Commissioner German. Motion carried with the following vote:
AYES: Commissioners: German, Hutson, Santillan
NOES: Commissioners: Dresher, Forrest
ABSENT: Commissioners: Arredondo, Elholm
Resolution 2008-04 – A Resolution of the Planning Commission of the City of Wasco recommending to the City Council approve the Rose City Industrial Park Sphere of Influence Amendment of an additional 530 acres, Assessor Parcel Number 072-120-03, 04, 06, 17 and 18, Exhibit A.
Resolution 2008-05 – A Resolution of the Planning Commission of the City of Wasco recommending to the City Council approve the Rose City Industrial Parks Reorganization – Annexation of 1640 acres, Exhibit A
Resolution 2008-06 – A Resolution of the Planning Commission of the City of Wasco recommending to the City Council approve the Rose City Industrial Park Prezone for the project area, 1640 acres, to Planned Development – Heavy Industrial (PD-HI 0802), Exhibit A.
f) General Plan Amendment No. 07-05 – Amending the City of Wasco General Plan Land Use Diagram by designating the Rose City Industrial Park Project Area as Heavy Industry (HI) changing from the Kern County Land Use Designation of Agricultural (A) and Amending the City of Wasco Circulation Element by adopting the Preliminary Rail Spur layout affecting the area generally located south of Hwy 46, west of Root Avenue planned extension, north of Kimberlina Road, and east of BNSF Rail lines.
Chairperson Santillan opened the public hearing at 11:02 p.m.
Director Raper gave staff report on General Plan Amendment 07-05 Amending the City of Wasco General Plan Land Use Diagram by designating the Rose City Industrial Park Project Area as Heavy Industry (HI) changing from the Kern County Land Use Designation of Agricultural (A) and Amending the City of Wasco Circulation Element by adopting the Preliminary Rail Spur layout affecting the area generally located south of Hwy 46, west of Root Avenue planned extension, north of Kimberlina Road, and east of BNSF Rail lines.
Craig Fulwyler – 29391 Poso Drive, Wasco – Asked Commission how changes or modifications would be made to future rail lines.
Walt Desatoff – 15850 Wasco Avenue, Wasco – Asked Commission what it would take to stop the projects and how property owners would be compensated. Mr. Desatoff stated for the record that Malfoy Farms does not anticipate giving any property for a rail line.
Chairperson Santillan closed the public hearing at 11:09 p.m.
Commissioner German made a motion to recommend approval for General Plan Amendment 07-05 Amending the City of Wasco General Plan Land Use Diagram by designating the Rose City Industrial Park Project Area as Heavy Industry (HI) changing from the Kern County Land Use Designation of Agricultural (A) and Amending the City of Wasco Circulation Element by adopting the Preliminary Rail Spur layout affecting the area generally located south of Hwy 46, west of Root Avenue planned extension, north of Kimberlina Road, and east of BNSF Rail lines. Seconded by Commissioner Hutson. Motion carried with the following vote:
AYES: Commissioners: German, Hutson, Santillan
NOES: Commissioners: Dresher, Forrest
ABSENT: Commissioners: Arredondo, Elholm
Resolution 2008-03 – A Resolution of the Planning Commission of the City of Wasco recommending to the City Council approve General Plan Amendment No. 07-05 – Amending the City of Wasco Industrial Park Project Area as Heavy Industry (HI) changing from the Kern County Land Use Designation of Agricultural (A) and Amend Circulation Element by establishing Rail Line Preliminary Routing within the Rose City Industrial Park Project.
g) Non-Summary Vacation of Wasco Avenue - The proposed Non-Summary Vacation of a portion of Wasco Avenue is generally located south of Poso Drive, and north of Kimberlina Road and is immediately west of the Burlington Northern Santa Fe Railway. - Continue Off Calendar.
Chairperson Santillan opened the public hearing at 11:10 p.m.
Director Raper asked that the Planning Commission continue the hearing off calendar.
After brief discussion the Commission decided unanimously to continue the public hearing off calendar.
Chairperson Santillan continued the public hearing at 11:15 p.m.
h) Rose City Renewables – Precise Development Plan (PD 07-04)
and Conditional Use Permit (07-02), Rose City Renewables, LLC – APN 072-11-05 and 072-11-06. Establishment of an Ethanol Production Facility with the capability of producing a maximum of 63 million gallons of denatured ethanol per year. Operation is proposed to 7 days a week 24 hours per day. The site is located north of Jackson
Avenue and west of Root Avenue planned extension. Applicant – Brian Pellens
Chairperson Santillan opened the public hearing at 11:15 p.m.
Director Raper gave staff report on Rose City Renewables – Precise Development Plan 07-04 and Conditional Use Permit 07-02, Rose City Renewables, LLC the establishment of an Ethanol Production Facility with the capability of producing a maximum of 63 million gallons of denatured ethanol per year. Operation is proposed to 7 days a week 24 hours per day. The site is located north of Jackson Avenue and west of Root Avenue planned extension.
Questions by Commissioners were on the amount of ethanol produced and if those amounts could be modified also how soon would the plant be to capacity. Staff explained how modifications may be made.
Edward Settle – Rose City Renewables 5330 Office Center Court, Bakersfield – Explained the projected construction time frame and the capacity time frame.
Craig Fulwyler – 29391 Poso Drive, Wasco – Asked how he could obtain a copy of the staff report for this P-D plan. Staff explained that he could call Secretary Lopez and request a copy of the document.
Chairperson Santillan closed the public hearing at 11:19 p.m.
Commissioner German made a motion to recommend approval for Precise Development Plan 07-04 and Conditional Use Permit 07-02 the establishment of an Ethanol Production Facility with the capability of producing a maximum of 63 million gallons of denatured ethanol per year. Operation is proposed to 7 days a week 24 hours per day. The site is located north of Jackson Avenue and west of Root Avenue planned extension. Seconded by Commissioner Hutson. Motion carried with the following vote:
AYES: Commissioners: German, Hutson, Santillan
NOES: Commissioners: Dresher, Forrest
ABSENT: Commissioners: Arredondo, Elholm
Resolution 2008-11 – A Resolution of the Planning Commission of the City of Wasco recommending to the City Council Conditionally Approve the Rose City Renewables LLC Ethanol Plant Precise Development Plan and Conditional Use Permit subject to Exhibit A Condition of Approval, Exhibit B – Mitigation Measures, Exhibit C – Project Description, and Exhibit D – Statement of Overriding Considerations and Findings of Facts.
10. INFORMATION ITEMS
a) Approved City Council Minutes for review – Secretary Lopez stated the City Council Minutes were not available at this time.
11. PLANNING DIRECTOR’S REPORTS - None
12. COMMISSIONERS COMMENTS
Commissioner Hutson stated that the Commission had tough decisions to make and he saluted the Commissioners that voted no.
Commissioner Forrest agreed with Commissioner Hutson on the decisions being difficult.
Chairperson Santillan feels for the people opposed to the project but understands the need for growth; he also commended the City Staff for all of the hard work, especially Secretary Lopez for putting the large agendas together.
14. ADJOURNMENT
Commissioner German made a motion to adjourn the meeting. Seconded by Commissioner Drescher. All in favor. Motion carried. Meeting adjourned at 11:28 p.m.
Jake Raper, Planning Director
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