HomeMy WebLinkAbout04/17/97 AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
Thursday, April 17, 1997
5:30 p.m.
STEPHEN BOYLE
MATHEW BRADY
MICHAEL DHANENS
MARTHA KEMPER
ROBERT ORTIZ
WADE TAVORN
JEFFREY TKAC
ALTERNATE:
BETSY TEETER
NOTE: Agendas may be amended up to 72 hours prior to the Planning Commission meeting.
final agenda may be obtained from the Planning Department 72 hours prior to the meeting.
A
Election of Chairperson and Vice Chairperson.
Presentation of Service Plaques to Commissioner Hersh and Commissioner Delgado.
BUB_LIC STATEMEblTS
ANY PERSON WHOSE 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.
~I_OZLC_E_OF RIGHT TO APPEAL
Planning Commission decisions on Zone Changes, Parcel Maps and Tentative
Subdivision maps are subject to appeal by any person aggrieved. No permit shall be
issued for any use involved in an application until after the final acceptance date of
appeal.
Agenda, PC, 4/17/97
Page 2
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
93301. A $330 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 $330 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are withdrawn prior to the City Council hearing, it will not be conducted and the decision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withdrawn, the action of the Planning Commission shall become final.
_CONSENT' AGENDA ITFMS- (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.
AP_PRoVAL Of MINLL~ES
Approval of minutes of the regular meetings held February 6, February 20, March 6,
March 17, 1997.
l?~..~i.sed~?~~ll and Landscape Concept Pla _rLf~r~ (Fi e # 97-
0170)
A proposed revised comprehensive wall and landscape concept plan for the Seven
Oaks development generally located south of Stockdale Highway to White Lane, west of
Old River Road to Buena Vista Road. The proposal is to reduce landscape widths and
plant material along undeveloped portions of some streets and a change in the type and
number of neighborhood identification signage. (Categorically exempt)
Staff recommendation: Approve With Conditions.
Group Vote
Agenda, PC, 4/17/97
Page 3
8. PUBLIC HEARING - TENTATIVE TRACT
TENTATIVE TRACT 5529 (PHASED)
Located on the northeast corner of Berkshire and Akers Road. Consisting of 110 lots for
single family residential development on property zoned A-20A (Agriculture-20 acre
minimum lot size). (Negative Declaration on file)
STAFF RECOMMENDATION: Approve with conditions.
Group vote
9. P UBLIGJ:LEA B I~E_CJ:IANGE
FILE P96-0978 -- Time set to consider rezoning from a C-1 (Neighborhood Commercial)
zone on 2.27 +/- acres and an R-2 (Limited Multiple Family Dwelling) zone on .98 +/-
acre to a PCD (Planned Commercial Development) zone on a total of 3.25 +/- acres for
development of a 2,758 square foot fast food restaurant on the easterly portion of the
project site. The project is generally located north of Panama Lane, on both sides of
Fortune Street. The applicant is requesting a reduction of 35 parking spaces required
for the overall project site. (Negative Declaration on file)
STAFF RECOMMENDATION: Continue to May 15, 1997.
Roll call vote
10.
DISCJJSSION AND POSSIBLE ACTION REGARDING "RIGHT TO FARI~E_AI~ID
"FA B, ~~o, ESEBA/AZ_I_Q bl~ ~CE S.
11. COMMUNICATIONS
A) Written
B) _Verbal
12. COMMISSION COMMENTS
A. Committees
13.
14.
DISCUSSION AND ACTION REGARDING POSSIBLE CANC_ELLATIOI'{OJ~ZHE}:~E~
~-~TANLEY GRADY, Secretary ~-- .
Planning Director
1997
MINUTES OF THE REGULAR MEETING
OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Held Thursday, April 17, 1997, 5:30 p.m., City Council Chamber, City Hall, 1501
Truxtun Avenue, Bakersfield, California.
1. ROLL CALL
COMMISSIONERS:
Present:
MATHEW BRADY, Chairperson
JEFFREY TKAC, Vice-Chairperson
STEPHEN BOYLE
MICHAEL DHANENS
MARTI KEMPER
*ROBERT ORTIZ
WADE TAVORN
BETSY TEETER, Alternate
ADVISORY MEMBERS:
Present:
LAURA MARINO, Assistant City Attorney
JACK LAROCHELLE, Civil Engineer
DENNIS FIDLER, Building Director
STAFF:
Present: STANLEY GRADY, Planning
Director
JENNIE ENG, Associate Planner
ISABEL WILLIAMS, Recording
Secretary
ELECTIONS OF OFFICERS
· Commissioner Ortiz made the motion to nominate Commissioner Boyle for Chairperson.
Commissioner Dhanens made the motion to nominate Commissioner Brady for
Chairperson.
It was unanimously decided that voting be done by written ballot and the recording
secretary would tally and read the ballots out loud.
Recording Secretary Williams read the ballots; Commissioner Brady for Commissioner
Brady, Commissioner Ortiz for Commissioner Boyle, Commissioner Dhanens for
Commissioner Brady, Commissioner Tkac for Commissioner Brady, Commissioner
Tavorn for Commissioner Boyle, Commissioner Kemper for Commissioner Brady,
Commissioner Boyle for Commissioner Boyle. Commissioner Brady was voted the new
Chairperson.
Minutes, PC, 4/17/97
Page 2
o
ELECTION OF OFFICERS (continued)
A five-minute recess was taken to give Commissioner Brady time to be seated as
Chairperson.
Election of Vice ChairPerson.
Motion was made by Commissioner Kemper to nominate Commissioner Tkac;
Commissioner Ortiz nominate Commissioner Boyle. Commissioner Boyle declined and
nominated Commissioner Ortiz, Commissioner Ortiz declined. Commissioner Ortiz
nominated Commissioner Dhanens.
There being no further nominations, motion to close nominations was made by
Commissioner Dhanens, seconded by Commissioner Ortiz, motion carried.
Recording Secretary Williams tallied and read the ballots; Commissioner Boyle for
Commissioner Tkac, Commissioner Tkac for Commissioner Tkac, Commissioner Tavom
for Commissioner Tkac, Commissioner Brady for Commissioner Tkac, Commissioner
Dhanens for Commissioner Dhanens, Commissioner Ortiz for Commissioner Dhanens,
Commissioner Kemper for Commissioner Tkac. Commissioner Tkac was voted the new
Vice Chairperson.
A five-minute recess was taken.
*Commissioner Ortiz excused himself from the rest of the meeting because of another
commitment.
PRESENTATIONS
Planning Director Grady presented Commissioner Hersh with his service plaque. Ex-
commissioner Hersh made fairwell comments.
Planning Director Grady presented Commissioner Delgado with his service plaque. Ex-
commissioner Delgado also made fairwell comments.
PUBLIC STATEMENTS/NOTICE OF RIGHT TO APPEAL
Mr. Robert Frapwell representing the Kem County Superintendent of Schools requested
that his request for approval of a General Plan Consistency Finding for three proposed
school sites be heard by the Commission in that this 'item arose after the agenda was
posted.
Minutes, PC, 4/17/97
Page 3
¸5.
PUBLIC STATEMENTS/NOTICE OF RIGHT TO APPEAl, (continued)
Motion was made by Commissioner Boyle to make a finding that there is a need for
immediate action and that the need to take action came to the attention of the city
subsequent to the agenda being posted and placing the item on the agenda as set forth in
the memorandum dated April 17, 1997. Motion was seconded by Commissioner Dhanens,
and carried by the following roll call vote:
AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Tkac,
Brady
CONSENT AGENDA ITEMS
There were no consent items.
APPROVAL OF MINUTES
Commissioner Dhanens made the motion to approve the minutes of February 6, February
20, March 6 and March 17, 1997, with a change to the March 6, 1997 minutes; page 7,
paragraph 2 regarding a comment he made and read the following into the record,
"Commissioner Dhanens said he supported public review projects and would not be
opposed to greater Planning Commission involvement in the Site Plan Review process if
that is what the City Council decided." Motion was seconded by Commissioner Boyle to
approve the minutes for February 6, February 20, March 6 as amended and March 17, 1997
minutes. Motion passed.
REVISED COMPREHENSIVE wALL AND LANDSCAPE CONCEPT PLAN FOR
SEVEN OAKS (FILE #97-0170)
Commissioner Teeter declared a conflict of interest.
Staff report was given.
Applicant's representative, Roger Mclntosh of Martin-Mclntosh was present and addressed
two of the following items that staff recommended denial of, specifically the reduction in
the landscape width from 10 feet behind sidewalk to 4 ½ feet on the south side of
Stockdale Highway and also the request for the free-standing monument signs at the
various entrances. He stated to Commission what is trying to be accomplished along
Stockdale Highway. There is a canal on the south side of Stockdale Highway which they
want to dress up and because of the canal and because of the ownership being under the
same ownership as the property on the north side of Stockdale Highway which is
commercial office, it needs to be treated with wall and landscaping. The standard being 10
Minutes, PC, 4/17/97
Page 4
7. REVISED COMPREHENSIVE WALL AND LANDSCAPE CONCEPT PLAN FOR
SEVEN OAKS (FILE #96-0170) (continued)
feet and the request is for a reduction to 4 ½ feet. He then showed some slides of
Stockdale Highway, the canal, and Old River Road intersection illustrating the difference
between 10 feet and 4 ½ feet. He also showed some examples of landscape designhe felt
was good, and maintenance and treatment with narrow landscape strips along Brimhall
Road, Grand Lakes Avenue, Chamber Boulevard. He also showed some examples of
design and maintenance he felt was poor.
Mr. Mclntosh then addressed the issue of the freestanding monuments at the entries and
showed some examples of corner monuments. He indicated they would like to propose
those freestanding monuments which is a little more costly but looks a lot better at the
entrances.
Mr. Mclntosh referred to the staff reports identification of one of the entrances off of 0Id
River Road as local entrances. He clarified that they were required to build those entrances
on Howell, Camino Media, Ridge Oak and White Lake as collector streets and there are no
houses that front on these collectors but are required to put a wall treatment with
landscaping along those entrances. He requested that they be allowed to put the free
standing monument signs on all the local entrances because the feeling is that it enhances
the neighborhood.
Carolyn Vaughn, Sales and Marking Director for ProBuilt Homes spoke in favor of the
revised comprehensive wall and landscape concept plan for the Seven Oaks development.
Matt Towery with Kyle Carter Homes spoke in favor of the requests.
In response, Planning Director Grady indicated that Howell, Camino Media and Ridge
Oak are not'collectors. The collectors were eliminated in a previous approval by the
Planning Commission. What was requested from them was that the entrances be expanded
so that there would be adequate capacity for entering and exiting. He further commented
that if the Commission felt that Mr. Mclntosh made a compelling argument for treating that
local street as a collector to arterial relationship then what he is requesting can be
approved. Staff's recommendation is that it is not and that the Commission's past
approvals have been for arterial to collectors or arterials to arterials. With respect to the
reduction in landscape width, the city is aware of Proposition 218 and its impact on
assessment districts and does not feel that there is any compelling reason at this point to
reduce the landscape strips.
Commission Comments;
Minutes, PC, 4/17/97
Page 5
REVISED COMPREHENSIVE WALL AND LANDSCAPE CONCEPT PLAN FOR
SEVEN OAKS (FlLE #97-0170 (continued)
Commissioner Tkac asked whose responsibility it is for the maintenance of the landscape
medians.
In response, Mr. Mclntosh indicated that all landscape strips and medians on arterials are
the responsibility of the maintenance district. The homeowner's that live within that
district pay an assessment per year which goes to the city to pay for the maintenance of
those..The developer is responsible up to a year and then gets turned over to the
maintenance forces by the city.
Commissioner BoYle made reference t° Exhibit B, condition 19, and asked if there is a
concern by staff regarding the obligation to create maintenance districts in the future under
proposition 218.
Assistant City Attorney Marino replied there have been concerns, however there has been
no'recommendation of the Council that any changes be made to the policies concerning
maintenance districts at this time.
Commissioner Boyle asked if this would be an existing or a separate maintenance district
for this area.
Attorney Marino replied that it would be an existing one.
Mr. Mclntosh commented that the lighting that is out there today is and will be in the
same maintenance district that takes care of landscaping. The maintenance district has
already identified the cost to take care of those monuments and landscaping and lighting as
they exist today, and would continue to use that same vehicle for maintenance of lights.
Commissioner Boyle referred to the comment on the issue on the decrease in the planter
area along Stockdale Highway, and commented he would not be in favor of that because
Stockdale Highway is going to be the entrance to the city from Interstate 5.
Commissioner Tavorn asked Attorney Marino regarding the maintenance district and the
possibility of someone challenging Proposition 218 and who would then pick up the
maintenance district.
Attorney Marino replied that she does not know and is not involved in the maintenance
districts and the fees, the city would have to pick up the fee.
Minutes, PC, 4/17/97
Page 6
7. REVISED COMPREHENSIVE WALL AND LANDSCAPE CONCEPT PLAN FOR
SEVEN OAKS (FILE/397-0170) (continued)
Commissioner Tavom asked Planning Director Grady about the monument signs, and if
another developer should come in at a later date and states that exceptions were made on
the southwest side of town and would like the same opportunities on the northwest or east
side of town, would the city be obliged to display their integrity some kind of way?
Planning Director Grady replied that the city would evaluate what he presented and if the
situation was exactly the same as this, the same recommendation would be made, and the
applicant would be requesting that the Commission allow for the planter ID sign and the
Commission would still be placed with the same decision but you would not be compelled
to make the exact same decision on a future project simply because you made it on this
project.
Commissioner Brady asked if the two roads, Howell Drive and Ridge Oak Drive were
wider than a normal local road.
Planning Director Grady replied that the portion that enters into the subdivision is wider
for approximately 100 feet then it turns back into a local street. ~
Commissioner Brady asked how wide Howell Drive is at the location where the sign would
go in.
City Engineer, Jack LaRochelle replied that the right-of-way width is 90 feet and the curb-
to-curb width is 52 feet. When asked about the width of Ridge Oak Drive, Mr. LaRochelle
replied that it has not been constructed ye_t, so it is variable.
Commissioner Brady asked about the width of a typical collector.
Engineer LaRochelle replied that the right-of-way is 90 feet and the curb-to-curb distance
is 68 feet.
· Mr. Mclntosh stated they originally submitted those two entrances, Howell and Camino
Media as local street entrances. Staff came back and required them to be local collectors.
The two entrances to the south, White Oak and Ridge Oak have not been submitted for
review but would suspect because of the traffic that could be generated out of those areas
will probably be faced with the same requirement.
Commissioner Brady asked if there was any safety factor involved.
· Planning Director Grady replied no, other than clear sight distance.
Minutes, PC, 4/17/97
Page 7
7. REVISED COMPREHENSIVE WALL AND LANDSCAPE CONCEPT PLAN FOR
SEVEN OAKS (FILE #97-0170) (continued)
Commissioner Brady stated that he would like to see freestanding planters, and asked if
there would need to be an additional finding in the staff report.
Planning Director Grady replied there is no special finding to be made you are simply
identifying the deviations that you want to make to the wall and landscape plan.
Commissioner Brady commented that he is unclear as to why the need to diminish the
landscape width along Stockdale Highway.
Mr. Mclntosh replied cost of construction and on-going maintenance.
Commissioner Brady asked what the difference is in maintenance costs for this area as
proposed by staff and proposed by the applicant for the landscape strip.
Ken Trone with City Parks replied that the difference is going to be the types of plant
material that can be utilized within those different strips, a 4 ~/6 - 5 foot wide strip is
probably going to eliminate the possibility to use turf.
Commissioner Tkac asked Mr. McIntosh if the purpose for the proposed downsizing of the
landscape strip is to increase the size of the actual subdivision in those areas.
Mr. Mclntosh replied there is no opportunity to increase or add to density into land area
because of the canal fence and the only purpose in reducing it is cost.
Commissioner Tavorn stated that he is concerned with a pressure point that may be
developing regarding schools in the areas and the traffic.
Mr. Mclntosh replied that the issue was studied at the request of the school district, and
indicated that they reconfigured the area, they looked at the amount of traffic that would be
coming in off of Old River Road at Howell and at Camino Media and found that the traffic
could be handled with the system of local streets.
Commissioner Dhanens commented that the proposed monument signs at Howell and
Ridge Oak Drive seem to make as much sense as the secondary monument signs on any
other gtreets because of the way the street is designed and would be less inclined to think
that the other ones at the future PUD locations make as much sense and without having any
additional information about how those are going to be lotted or how much traffic could be
coming in and out of there, it could turn out less that they will serve less of a population in
Seven Oaks as the ones proposed on Old River Road and would not have a problem in
Minutes, PC,' 4/17/97
Page 8
7. REVISED COMPREHENSIVE WALL AND LANDSCAPE CONCEPT PLAN FOR
SEVEN OAKS (FILE//97-0170) (continued)
supporting Commissioner Brady's comment that they should be approved. The is'sue with
respect to the street landscaping on the south side of Stockdale Highway, due to the nature
that it is an extraordinary important artery into the city, and the city standard has been 10
feet, it would be really difficult to substantiate narrowing it down, and would not be
inclined to grant a reduction there but doesn't see a Problem with the secondary
monumentation on Ridge Oak.
Commissioner Boyle asked that if the Commission approves monument signs at Howell
and Ridge Oak Drive would that not decrease the existing curb-to-curb width of those
intersections.
Jack LaRochelle replied that was correct.
Commissioner Boyle commented that it was suggested that City Council change at least
the comprehensive sign plan requirements to include notice to people within 300 feet, and
if and when that change is adopted would that effect landscape and wall signs?
Planning Director Grady replied that it would not, it would just be comprehensive signs.
Mr. Mclntosh clarified that what they are asking for is freestanding monument signs at a
number of different locations not just the ones on Old River Road which would give
flexibility to put them in if they should become collectors.
Commissioner Boyle stated that he has a problem with what Mr. Mclntosh is suggesting
because the existing streets are not collector or collector status, they just happen to have a
wider opening than normal residential streets.
Mr.' Mclntosh commented there is no standard for a wider opening, the standard is a
modified collector.
City Engineer LaRochelle clarified that the idea of a collector as a functioning collector
would be more in line with what Mr. Mclntosh is trying to get at. A collector standard is a
collector standard, it is a 90 foot right-of-way 58-foot curb-to-curb, streets however
function as collectors either in capacity or width and perhaps make that a condition.
Motion was made by Commissioner Boyle to approve the proposed revised wall and
landscape concept plans for the Seven Oaks Development, with all findings and conditions
outlined in Resolution (Exhibit "D") with the changes to that resolution on Exhibit "B",
item 17, Howell Drive be changed to Camino Media and modification to items 16 and 17
Minutes, PC, 4/17/97
Page 9
REVISED COMPREHENSIVE WALL AND LANDSCAPE CONCEPT PLAN FOR
SEVEN OAKS (FILE #97-0170) (continued)
to add the four freestanding planter signs at Howell and Ridge Oak and to allow for
additional planter signs at functioning collectors as deemed by the City Engineer. Motion
seconded by Commissioner Tavorn.
Planning Director Grady commented that on the PUD site, if there are multiple accent
points does the Commission care that there are multiple entrances treated as collectors or
should there be a limit.
Mr. MclntoSh stated that if it is a PUD, they then will be requesting specific design criteria
in that PUD plan and can be addressed at that time.
Motion carried.
PUBLIC HEARING- TENTATIVE TRACT 5529 (PHASED)
Staff report was given.
City Engineer LaRochelle referred to page 1 of Exhibit "B", Amherst Street should be
Amherst Forest Street and delete "d" under number 3.
Public hearing was opened.
Maurice Etchechury represented the developer. He also indicated for the record that the
Engineer listed Cuesta Engineering has been sold and the applicant should be Maurice
Etchechury.
Public hearing was closed.
Commissioner comments;
Commissioner Tavorn asked if the school district would be responsible for finishing
Berkshire Road.
City Engineer LaRochelle replied yes.
Motion was made by Commissioner Dhanens to approve proposed Tentative Tract 5529,
with the findings and conditions outlined in the resolution (Exhibit "D") with change to
Condition 2 that Amherst Street be changed to Amherst Forest Street, and "D" under
condition 3 be deleted. Motion was seconded by Commissioner Boyle, and passed.
Minutes, PC, 4/17/97
. Page 10
9a.
PUBLIC HEARING - ZONE CHANGE
Planning Director Grady stated that at the request of the applicant this item will be
continued.
Public hearing was 'opened.
Motion was made by Commissioner Boyle to continue this hearing to the May 12 and/or
May 15, 1997 meeting. Motion was seconded by Commissioner Dhanens, and passed.
GENERAL PLAN CONSISTENCY FINDING FOR KERN COUNTY
SUPERINTENDENT OF SCHOOLS
Commissioner Dhanens declared a cOnflict of interest in that he is currently working for a
client that may have interest in one of the subject properties.
Planning Director Grady gave a brief staff report.
Chairman Brady asked Mr. Frapwell, representative for Kern County Superintendent of
Schools to come forward.
Mr. Frapwell gave a brief overview of the proposed project.
City Engineer La_Rochelle stated that it appears that both sites 1 & 2 encompass "M" Street
and alleys as well as 23rd for site 2 as well as an alley, and asked if there was a desire to
have those streets abandoned and utilize those streets as part of the site.
Mr. Frapwell replied yes, on the 20th & 21st Street site and was informed they would need
a formal closing of the street but would leave it open for all the utilities to continue on
through there and any site planning or placement of buildings would be around that right-
of-way.
City Engineer LaRochelle stated he was comfortable with the street abandonments.
Commissioner Boyle made a finding pursuant to Government Code Section 65402 that the
proposed use of the three parcels in questions as school sites is consistent with the
Metropolitan Bakersfield 2010 General Plan. Motion was seconded by Commissioner
Tkac. Motion passed.
A 5-MINUTE BREAK WAS TAKEN
Minutes, PC, 4/17/97
Page 11
10.
DISCUSSION AND POSSIBLE ACTION REGARDING "RIGHT TO FARM" AND
"FARMLAND PRESERVATION" ORDINANCES
Commissioner Brady suggested discussion by the Commission and then the person who
submitted a speaker's card.
Commissioner Tavorn asked that the audience be heard before any comments by the
Commission.
Ms. Terri Stoller with the Kern County Farm Bureau as a director and also farm nursery
style in the Edison area stated that the Kern County Farm Bureau is interested what the
City has in mind. She further stated that it is not economically sound practice to build
houses on the best farm land especially when there are alternatives. She also stated that
this County is the only AG county in this valley that does not have a right to farm
ordinance and would love to see Bakersfield take the lead.
Commissioner Teeter commented that the ag issue is critical and the ag land use issue is a
critical one and is something that needs to be planned accordingly for and felt strongly that
the issue needs to be addressed and whether or not a committee is formed to study the
issue but it is in order to put together some manner of dealing with that particular issue.
Commissioner Tavom commented that in teaching social science he has noted that in
Central America they built on their farm land and one of the reasons they had major
downfalls is because they hit a point where they had food famine, they could not feed their
people because they built in places that had least resistance and they ran out of food. He
also commented that if there is a committee formed they need to communicate with the
county because unless the county gets involved with this, the city will be building all the
way to Buena Vista Lake.
Commissioner Tkac concurred with Commissioner Teeter in that research is needed, and
this is an economic issue as well.
Commissioner Boyle commented that a right to farm ordinance can take a number of
different directions. There are a wide number of issues that could be addressed in the right
to farm ordinance, it is not simply a matter of drawing a line in the sand and saying you
can't develop your property. He urged the Commission to approve the formation of a
committee to at least begin the process.
Commissioner Teeter commented that if there is any way that the Commission can work in
coalition with the county that would be terrific and if not should be the fore runners to
perhaps establish direction.
Minutes, PC, 4/17/97
Page 12
10. DISCUSSION AND POSSIBLE ACTION REGARDING "RIGHT TO FARM" AND
11.
"FARMLAND PRESERVATION" ORDINANCES (continued)
Chairman Brady commented that he has expressed opposition to what was presented
because this is another instance where we are attempting to rob Peter to pay Paul to
accomplish a note worthy goal. He agreed there are issues out there and sees it as a county
issue since most of the ag land is in the county.
Commissioner Teeter commented that one of the issues that needs to be addressed as a
committee is the need to create as an issue that some kind of foresight and direction be
addressed.
Commissioner Dhanens asked how the dialogue between the city and the county be begun.
Planning Director Grady replied that direction from the Board of Supervisors needs to be
made to the county. The inter-governmental relations committee would be the way to
begin.
Commissioner Dhanens recognized MS. Stoller.
Ms. Stoller commented there has been a big change in the Board of Supervisors and this
may be a good time to address this again.
Commissioner Dhanens commented that there are other planning philosophies, ideas and
avenues out there that encourage compact development and discourages urban sprawl that
may or may not be looked at in conjunction with just the farmland issue.
Motion was made by Commissioner Boyle to form a committee to study ag land
preservation and once the committee is formed that in due time they meet with the Urban
Development committee to discuss in general concept some of the areas they would like to
at least investigate to conduct hearings on to come up with some proposals that can be
studied by Commission and the City Council. Motion was seconded by Commissioner
Tkac. MotiOn carried. '
COMMUNICATIONS
Planning Director Grady commented that written communication regarding ex-parte
communication is in Commission's packet. Also, the two committee members dealing with
power line issues, there is a memo indicating the date of their next meeting.
Also, the Chairman needs to appoint someone to take Commissioner Hersh's place on the
utilities committee as well as the committee on fourplexes.
Minutes, PC, 4/17/97
Page 13
12.
COMMISSION COMMENTS
Chairman Brady asked to be provided with a list of the current committees that are active
and the members on those committees so that he can address the issue of appointing
members and spreading out the work. He also asked that an item be placed on the next
agenda dealing with Planning Commission policy concerning continuances at Planning
Commission level, that they be disfavored. In order to have a continuance that there be a
finding of good cause for continuance, that the continuance is to address a specific item,
and that the continuance be to the next available meeting.
Chairman Brady appointed the following commissioners as members to the Ag Land
Preservation Committee: Commissioners Tkac, Kemper and himself as chair, and
requested that prior to the scheduling of the first meeting that staffput together a
presentation concerning present ag land within the City of Bakersfield and secondly ag
land within the Sphere of Influence, and ag land within the 2010 General Plan area, and
present the Commission with a get acquainted type presentation before moving forward
and attempt to contact the Urban Development Committee from the City Council.
Chairman Brady thanked the Commission for his election and hope to serve to the best of
his ability throughout the year, and looking for ~/good year of service by all.
Planning Director Grady'asked Chairman Brady if he wanted the committee to convene
'before or after the staff presentation or is the presentation just to the committee members.
In reply, Chairman Brady said only to the committee members.
Commissioner Dhanens stated that he had the opportunity to attend an APA convention in
San Diego and attendedg some Planning Commission workshops, and briefly reported that
as one of the sessions he attended was, "You Be The Judge, and How To Make Fair
Decisions", and through discussions and questions from other Planning Commissioners in
other jurisdictions was happy to report that the City of Bakersfield does an excellent job on
how the staff reports, public hearings are put together, how the notification process works,
and the work of the City Attorney's office.
Commissioner Tavorn stated for the record his concern with the committee that was just
set up. He was concerned that the Chairperson and Co-Chair are on a committee that was
brought up by another Planning Commissioner who appeared to have a lot of data on that
issue and should have been or at least considered for the committee.
Commissioner Dhanens gave a brief report on the hill side ordinance.
Minutes, PC, 4/17/97
Page 14
13. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
14.
NEXT PRE-MEETING
Planning Director Grady informed Commission there is one item for the next meeting.
Motion was made by Commissioner Dhanens to cancel the next regularly scheduled pre-
meeting of April 28, 1997. Motion was seconded by ComI'nissioner Boyle. Motion
passed.
ADJOURNMENT
There being no further business to come before the Commission meeting was adjourned at
8:25 p.m.
Isabel Williams
Recording Secretary
Planning Director ~~