Loading...
HomeMy WebLinkAbout05/20/93Since Chairperson Powers and Vice-chairperson Messner were both absent, motion was- made bY Commissioner Andrew, seconded by Commissioner Rosenlieb to appoint Commissioner Marino chairperson pro-rem. Motion carried. MINUTES OF THE REGULAR MEETING- OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, May 201 1993, 5:30 p.m., City Council Chamber, City Hall, '1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: JIM MARINO, Acting-Chairperson JEFF ANDREW DOUG DELGADO KENNETH HERSH KATE ROSENLIEB BILL SLOCUMB, Alternate Absent: DARREN POWERS, Chairperson STEVE MESSNER, Vice Chairperson ADVISORy MEMBERS:' Present: LAURA MARINO, Assistant City Attorney FRED KLOEPPER, Assistant Public Works Director DENNIS FIDLER, Building Director STAFF: PUBLIC STATE~ /IENTS Present: JACK HARDISTY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary No one made any public statements at this t/me. Chairman read the notice of right to appeal as set ~forth on the agenda. Minutes, ..PC, 5/20/93 Page 2 3. CONSENT AGENDA ITEMS 1. Minutes of the regular meetings held April 1, and April 15, 1993. 2. ~ Agenda Item #6. - Final Development Plans - P.U.D. 5446. Agenda Item #7 - One-year extension of temporary structure - 3800 California Avenue. Agenda Item # 10 - General Plan consistency finding - 1111 COlumbus Street. - Public portion of hearings was opened; no one spoke in opposition. Motion was made. by Commissioner Slocumb, seconded by Commissioner Andrew to follow staff recommended motions and approve consent agenda items. Motion carried. -- COMPREHENSIVE SIGN PLAN 2-93 Staffxeport was given. Letter was submitted asking for continuance on this item to the May 20, 1993 meeting: Staff recommended continuance to the July 1, ~993 meeting because of heavy scheduling on fu_ture meetings. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Slocumb to continue this item to the regular meeting of July 1, 1993. Motion carried. ¸6. FINAL DEVELOPMENT PLANS - P.U.D. 5446 This item was-approved as consent agenda item. ONE YEAR EXTENSION OF TEMPORARY STRUCTURE - (3-WAY CHEVROLET) This item was appr6ved as consent agenda item. MinUtes, PC, 5/20/93 Page 3 8.1 PUBLIC HEARING - TENTATIVE PARCEL MAP 9939 Commissioner Andrew abstained due to a conflict of interest in that he was involved in the sale of subject property. Staff report was_ -given. Public portion of the-hearing was opened; no one spoke in opposition or in favor. Harold Robertson represented the applicant stating their agreement with the staff report with the exception of Public Works condition #'s 6, 7 and 19 which he submitted revisions to. _Mr. Kloepper stated the wording as proposed by Mr. Robertson was acceptable. Public.portion of the hearing was closed. Responding.to a question by Commissioner Rosenlieb, Mr. Kloepper said the proposed change to condition #19 would only apply to Condition #19.1. ~Commissioner Rosenlieb stated her displeasure at not requiring any improvements on Panama Lane for this project. Ms. Marino said that by ordinance they are not required of this subdivision. Mr. K10epper said the city is in the process of working with the county and other interested parties to revise the transportation impact fee program. This section is one in which the full cost of the north half of.the arterial would be included in the transportation impact fee and could be built using the funds from it. Responding to qtiesti0ns by Commissioner Hersh, Mr. Robertson said the lot sizes range-from 7,000 to 10,000 square feet. Responding to a question by Commissioner Rosenlieb, Mr. Hardisty said he would look into the adjacent agriculturally zoned property between the canal and Panama Lane. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh to approve 'and adopt .the Negative Declaration, to make all findings set forth in the staff report, and to. approve Proposed Tentative Parcel Map 9939 subject to the conditions outlined in the Exhibit "A" attached to the staff report, with the following amendments: Public Works, Page 1, the number of the first condition shall be #1 and the balance of the conditions numbered accordingly. Minutes, PC, 5/20/93 ' ~ " Condition #6 shall b~ amended to read as follows: Page 4 Subdivider shall dedicate easements for drainage lines and facilities in accordance with the comprehensive drainage study and as directed by the City Engineer. Condition #7 shall .be amended to read as fOllows: Easements for municipal sewer service shall be provided for each. parcel in the subdivision, said easements shall be recorded prior to recordation of the parcel map. Condition #.19.1 shall be amended to read as follows: The subdiVider shall provide public access rights-of-way from Harris Road and Stine Road to each parcel in the subdivision; 8.2 Motion carried'. Commissioner Andrew was absent due to a conflict of interest. PUBLIC-HEARING - TENTATIVE PARCEL MAP 9899 Staff report was giVen. Public Portion .of the hearing was opened; no one spoke in favor or opposition. o Motion was made by Commissioner Rosenlieb, seconded by Commissioner AndreW to direct staff to re-advertise the hearing for Tentative Parcel Map.9899 for- concurrent, consideration with Zone Change #5452. Motion carried. PUBLIC HEARING - TENTATIVE TRACT 5652 Commissioner Andrew abstained due to a conflict of interest in that he was involved in the property sale. Staff report wasgiven. Harold Robertson represented the applicant. He stated.their concurrence with staff recommendation. Public portion of the hearing was closed. Responding to a question by Commissioner Rosenlieb, Mr. Robertson stated his .concurrence with the memo from Public Works dated May 17, 1993. Minutes, PC, 5/20/93 Commissioner Hersh stated he liked the variation of lot size within this subdivision. Page 5 Motion was made by-CommisSioner Rosenlieb, seconded by Commissioner Slocumb to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve Proposed Tentative Tract 5652 subject to the Conditions'outlined in the Exhibit "A" with the addition of the Public Works memo dated May 17, 1993. Motion carried. Commissioner Andrew was absent due to a conflict of interest. 10. GENERAL PLAN cONsISTENCY FINDING - 1111 COLUMBUS STREET 11. This item was approved as consent agenda item. DISCUSSION AND RECOMMENDATION TO INITIATE A ZONING ORDINANCE AMENDMENT TO INCREASE REAR YARDS ADJACENT 12. TO COLLECTOR AND ARTERIAL STREETS Commissioner Andrew gave committee report on this issue. Commissioner Rosenlieb said she hoped another meeting could be scheduled on this issue prior to the June 3, 1993 meeting so that it could be brought back at that meeting. She Was concerned that if this was not heard at the June 3, 1993 meeting it would have to be pushed up until July. Responding to a question by Commissioner Slocumb, Commissioner Rosenlieb said the committee was not looking at distinguishing a differential between a rear .yard Setback between arterial and collector. Commissioner Slocumb stated he' would be in favor of a larger buffer abutting arterials than collectors because of noise. COMMUNICATIONS A) Written Mr. Hardisty cited a letter submitted to the Commission from the County regard{ngright-of-way improvements for the Walter Stiern Jr. High School. Minutes, PC, 5/20/93 .1 Page 6 DISCUSSION REGARDING MEMO OF MAY 4, 1993, FROM ASSISTANT CITY ATTORNEY MARINO Commissioner Hersh had questions regarding contact by the public or'applicants prior to hearings. He stated he is in favor of meeting with those concerned because it allows for more depth of understanding and gives the ability for better-decision making. However .he felt a clarification is needed. Ms. Marino Clarified the rule being that decisions on quasi-judicial proceedings (anything requiring a public hearing) must be based on evidence presented at the hearing. Even though information obtained before the hearing may give more information on which to base a decision it does not allow for equal opportunity for response to information from the other side. Those people wishing to present information should be told to present it at the hearing. Responding to questions by Commissioner Hersh, Ms. Marino said information obtained by looking at the project site, which may influence the decision should be shared at the hearing. Commissioner Rosenlieb said when she became a Commissioner it was commonplace to meet with applicants at their request, however it was rare that the information was shared'at the commission meeting. She stated she has had a policy of not meeting with the applicant until she first has a staff report. She felt that applicants wishing to meet with commissioners are not presenting new information but trying to lobby the commissioners. Commissioner Delgado stated not having contact with the industry he felt it would be beneficial for him to get as much information as possible. Commissioner Slocumb said he has been approached and given opinions regarding projects without soliciting it or agreeing to receive it.' Ms. Marino said she did not feel that exclusion of information outside the hearing can be accomplished completely, however she did not feel it was appropriate to intentionally receive 'that .information. If it cannot be avoided the next best thing would be to put it on the record at the hearing. Commissioner Marino said he receives very few requests to meet with people.' Minutes, PC,- 5/20/93 Page 7 Discussion continued regarding quasi-judicial and legislative hearings and requests for information. Mr. Hardisty said a rule that is followed with the Council is that if a request is made for information, copies of it are given to all council members. Responding to questions by Commissioner HerSh, Ms. Marino said any documents received by commissioners should be submitted as evidence. He agreed with Commissioner Delgado's comments -regarding the benefit of speaking with applicants and interested persons prior to the hearing. He said in the future there will be a greater chance that he would ask for continuance on these items. Ms: Marino said this is appropriate. _Commissioner Andrew was in agreement with comments made by Commissioners Delgado and Hersh saying he would like to be able to meet with people to obtain additional information. Commissioner Rosenlieb stated she could see more continuances and longer meetings with this situation. She concurred some flexibility is lost, however felt that there have been some bad violations of due process rights at the Council level and felt this would clean some of that up. -Mr. Hardisty said when a large volume of information is received at the meeting the wise course is to take it under advisement. He said if questions arise the commission could let the staff know of concerns as iearly as possible which could help expedite response. Commissioner Rosenlieb asked if there was some way to inform the public of 'this issue perhaps with a press release. Mr. Hardisty said this is a possibility. He also said that correspondence should be addressed to the Secretary of the Planning Commission, the Planning. Director. CommisSiOner Rosenlieb stated during the previous summer she almost quit the commission because there were two general plan - items which came before the Commission in which she knew what council deals were made and what money had exchanged hands. This happened prior to a staff report and public hearing. She stated it'caused her to feel quite useless as a commissioner. It was so far out of hand that she wondered why there was a need for a commission.- Minutes, 13. C,.5/20/93 Page 8 Commissioner Slocumb asked if possibly late documents could be delivered to the Commissioners. Mr. Hardisty said the paper flow after the preTmeeting has diminished. Developers are also given additiOnal time to resolve issues within a reasonable time. He said if additional information is given to the Commission at the meeting -he felt it should be taken under advisement. B) Verbal None COMMISSION COMMENTS A. Committees 1); General Plan Cbmmissioner Rosenlieb stated she would like to have a meeting of the general plan committee before the next commission meeting to discuss staff's progress regarding the sewer -issue. ZOning Ordinance -No new information. 3)' Sign Ordinance Commissioner Hersh stated there was no new information to report, however a meeting is being planned for the near future with industry representatives regarding the recent revisions. 4) Subdivision and Public Services No new-information. 5) Trails and Ways Commissioner Marino said this committee had met with the equestrian group with another meeting scheduled for the following month. A meeting had been scheduled with Debbie Boozer regarding the possibility of a bike path through Quailwood and the tunnel. He asked that staff set this meeting. Minutes, PC, 5/20/93 Page 9 6):' Parks and Environmental Quality Act No new information. '7) Joint Council/Planning Commission "' No new information. Commissioner Rosenlieb stated she attended the last council meeting saying a complaint was made. regarding lack of supporting area maps in staff reports saying this was also a problem at the commission level. She also cited actions taken on. the general plan amendments. Mr. Hardis~ stated regarding the school issue that this is something that the Planning Commission would be briefed on regarding appropriate mitigation. 14. RespOnding to a qUestion by Commissioner Marino, Mr. Hardisty gave information about the 'Clarion Hotel press conference concerning the agreement to complete the project: ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 7:00 p.m. Laurie Davis Recording Secretary