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HomeMy WebLinkAbout07/12/93MINUTES OF THE SPECIAL MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Monday, July 12, 1993, 12 Noon, City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: DARREN POWERS, Chairperson STEVE MESSNER, Vice Chairperson JEFF ANDREW DOUG DELGADO KENNETH HERSH JIM MARINO KATE ROSENLIEB BILL SLOCUMB, Alternate ADVISORY MEMBERS: Present: LARRY LUNARDINI, City Attorney LAURA MARINO, Assistant City Attorney STAFF: -Present: JACK HARDISTY, Planning Director MIKE LEE, Associate Planner ISABEL WILLIAMS, Recording Secretary Planning Director Hardisty pointed out that the Agenda was amended and includes correspondence from the Community Development Department and direction to staff on setback and landscaping from Commissioner Hersh. Chairperson Powers stated that the purpose of this meeting is to give sta~ff the opportunity to explain cancellation of Planning Commission's pre-meeting of July 12, 1993, and staff's presentation of items appearing on the Agenda for the July 15, 1993 regularly scheduled Planning Commission meeting. He then asked that Staff give the presentations first. Chairperson Powers read a memo dated July 9, 1993 from Assistant City Attorney, Laura Marino regarding Monday Public Hearings. 2. PUBLIC STATEMENTS. No public statements were made at this meeting. Minutes, PL/C, 7/12/93 Page 2 _5) COMPREHENSIVE SIGN PLAN 2-93 (Local Neon for Homebase) Staff report was given. This item was referred to the Sign Committee, scheduled to meet on July 13, 1993.~ A committee report will be available for the July 15, 1993 meeting. 6.1) TENTATIVE TRACT 5596 (Telstar Engineering, Inc.) Staff report was given. Applicant has concurred with the staff report and this item is on the consent calendar. Commissioner Rosenlieb referred to page 2 of the staff report regarding the water storage facilities and asked that staff describe the type of water storage facilities and what that lot is going to look like; will there need to be any requirements for wall and landscaping. 6.2) TENTATIVE TRACT 5658 (Sequoia Engineering) Staff report was given. Applicant has concurred with the staff report and this item is on the consent calendar. Commissioner Rosenlieb asked staff to reply at the Thursday night meeting when the median island is intended to go in on Hageman. 6.3) VESTING TENTATIVE.TRACT 5670 (Porter-Robertson Engineering for St. Clair Development) Staff report was given. 6:4) TENTATIVE TRACT 5680 (Martin~Mclntosh) Staff report was given. Staff recommended that this item be heard after Item 7.1 because of the proposed prezoning (#5459) to R-1. If that is changed to R-l, requirements, for additional setbacks on the tentative tract may be affected. Minutes,' PL/c, 7/12/93 Page 3 6.5) TENTATIVE TRACT 5684 (Telstar Engineering) Staff report was given.- Applicant has requested this be a consent item. Commissioner Rosenlieb ~asked for information regarding curb, gutter and sidewalk. · She further stated she did not see this going on the consent calendar because of the number of questions that she has. She also asked for a reply on the advisability of Pullingl Pera Court cul-de-sac back and changing the configuration of the lots so there would be a rear yard to rear yard configuration. She also asked for staff's input on the east side of Pepita Way if there will be pavement only or if there will be any improvements besides paving, and the same with the extension Of BirChaven Avenue and the extension of Palm both over to Jewetta, what that includes. She also asked more information as a future street to the east of corteza Avenue. Commissioner Hersh~ stated he wOuld like this item taken off the consent calendar. Alternate Commissioner Slocumb stated that the staff rePort is a little bit inadequate with relationship to the surface/mineral rights situation and what exposure the city might have if this were to be granted without a well site down the road. Staff Planner, Mike Lee infOrmed Commission that a copy of the geologist report is available. 6) Commissioner Rosenlieb asked if Public Works Condition #5 is a new condition and if this will be placed on all subsequent tracts. TENTATIVE TRACT 5688 (Vesting) TENTATIVE TRACT 5702 (Phased) (Porter-Robertson) (Porter-Robertson) Staff report was given: There is consideration requiring adequate site for mineral rights reservation that. is an issue. Commissioner Rosenlieb stated Condition #11, page 7 needs clarification regarding a covenant which identifies adjoining property as being zoned for industrial uses. Minutes, PL/C, 7/12/93 7) 7.1) 7.2) TENTATIVE TRACT 5696 (Alta Engineering Hughes Surveying) Staff report was given~ Applicant has requested this be placed on the consent calendar. Commissioner Rosenlieb asked staff to identify if the proposal would be considered c°nsistent with how tracts are handled in this vicinity with regard to powerlines. Commissioner Rosenlieb requested this be pulled from the consent calendar. She then referred to Condition # 14, page 2, and asked why that condition even exists. PREZONING #5459 (City of Bakersfield) Staff report was given. Chairperson POwers asked staff to have an answer regarding the option of R-2 zoning and if this could be scheduled for the next general plan cycle. PREZONING #5479 (City of Bakersfield) Staff report was given. Chairperson Powers asked for a list of property owners within the annexation. Planning Director Hardisty replied that would be available Thursday night. Chairman Powers asked. that a copy of Tract No. 5733 also be available on Thursday night. ~ Commissioner Rosenlieb asked that a copy of the General Plan map accompany the staff report. She then asked about the open space configurations. Page 4 Minutes, pL/c, 7/.12/93 Page 5 o DISCUSSION FROM STAFF EXPLAINING CANCELLATION OF PLANNING COMMISSION'S MEETING OF JULY 12, 1993. City Attorney'Lunardini commented that interchanging of words, "public hearing", "public meeting" has'led t'o a confusing situation. He then clarified that all of the meetings are public meetings. Some' of the meetings contain public hearings. He also commented that Commission may feel that because all of the meetings are posted public meetings that is appropriate notice. There are different kinds of notices sent out depending on what the meeting is to consider. A public hearing has specific requirements to let those people who have an interest, financial or otherwise, in the property know so that they can participate. The Commission has just completed a meeting in a particular way, but it does not have to be done in that manner, there are: other options. He further informed commissioners that they must resolve in their minds which option they want to use so staffican implement that for them. i. The meeting held today was a public meeting but did not get into any public hearings. Because there was not appropriate pUblic hearing notice, free wheeling discussions could not take place, He then gave a brief history of how the Monday pre,meetings were instituted to distribute staff reports and brief the commission. However, today more complete reports are sent to the commissioners well in advance of the hearings. ;Therefore, these meetings can eitheri continue to be held or eliminated. An option would be to open the public hearings during the Monday meetings and begin to take testimony. This may be a burden on the community because .they may:feel they would have to attend if there was going to be a public hearing on thei~ topic of concern. Commission was also informed that they could call staff with questions which is perfectly appropriate. Alternate Commissioner Slocumb commented that the Monday pre-meetings are important. The staff reports are filled with detail, however there are times when some of the details are missing. He felt that the Monday meetings are~ helpful in that he is not rushed 'to make an immediate decision, and on that basis the Monday pre-meetings should be continued to be held. He then indicated his appreciation to staff for this meeting. Chairperson Powers commented that the Commission is in favor of continuing the Monday meetings. He stated that the by-laws would have to be amended so that the Monday pre-meetings can. be a noticed public meeting either to belheld in the basement conference room or Council Chamber and be recorded like the Thursday night meetings. Minutes, PL/C, 7/12/93 Page 6 Commissioner Rosenlieb indicated her appreciation to the City Attorney and staff in bringing to the Commission's attention some of the things they have been doing which perhaps could be done better. She then commented that one of the things that she does not feel comfortable with not being able to raise questions to gain a better understanding of the project description. There should be some way that those questions could be answered at the Monday pre-meeting so that she could walk into the Thursday-night meeting knowing what the project is. She also made comment regarding "The Gag Order", and gave a brief synopsis of what happened with a phone call she received. She did not see why she could not meet with the public as long as she came to the meeting and stated that, "on such and such a date, I met with so-in-so, and their concerns were based on this project, and they said thi~." This'has not been done on a consistent regular basis, and she did not understand why they could not continue to meet with people as long as they 'go on the public record. City Attorney Lunardini commented that most of the people wanting to contact the commissioners will be developers. Also in summarizing, lots of time that does not come across exactly the way that person said it. o Planning Director Hardisty informed Commission that the AdHoc Committee had requested that he draft the public notice showing how it might be amended to accommodate hearings opening on Monday. He referred them to copies which were distributed. Chairperson Powers asked City Attorney Lunardini if the AdHoc Committee could meet with him on ~nursday. Commissioner Marino commented that the Trails Committee is set to meet at that time, but could be moved to another day. City Attorney Lunardini replied that could be done. Commissioner Hersh asked if the Sign Committee was still meeting on July 13th. He further commented that the procedure regarding the Monday pre-meeting went on for a considerable amount of time and all of a sudden it is about to be rectified. He felt this should be dealt with so that the Commission can become an effective body. Commissioner Messner asked if the committee would be looking at the "gag order" on. Thursday or would there be more debate on Thursday night. Planning Director Hardisty replied that would be diScussed at Thursday night's meeting. Commissioner Mar/no asked if the new Notice of Public Hearing could be applied to the AUgust ~2nd hearing if a decision is made Thursday. Minutes, PL/c, 7/12/93 Page 7 Planning Director Hardisty replied it could be prepared and distributed Friday in time fOr the August 2nd meeting. Commissioner Marino asked about the "gag order". City Attorney Lunardini advised individual commissioners taking testimony outside of hearings is not a smart thing to do because a project may be jeOpardized. The interested person should be available at the meeting or put his or her thoughts in writing, so they can be distributed to everybody as part of the record. He further commented that the problem does not particularly come from the developers, but that the public could get in and squawk about some particular Obscure aspect of the project and it might never rise to the open level where anybody could address it. Commissioner Marino commented that his greatest concern is how the general public perceives the Commission on their first encounter with City Hall. Discussion continued regarding the pros and cons of the "gag order". 10. ADJOURNMENT There being no further bUsiness to come before the Commission, meeting was adjourned at 1:35 p.m. : Isabel Williams Recording Secretary