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HomeMy WebLinkAbout12/18/95MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Monday, December 18, 1995, 12:15 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: JEFF ANDREW, Chairperson STEPHEN BOYLE MATHEW BRADY KENNETH HERSH ROBERT ORTIZ WADE TAVORN Absent: DOUG DELGADO MICHAEL DHANENS Alternate ADVISORY MEMBERS: Present: JUDY SKOUSEN, City Attorney JACK LaROCHELLE, Engineer IV DENNIS FIDLER, Building Director STAFF: Present: STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner JENNIE ENG, Associate Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC STATEMENTS Mark Ashley presented a speaker's card and requested the commission restrict the meeting of December 21st to hearing the Marketplace issue only. If this is not possible he asked that the agenda be changed so that general plan amendments follow the discussion concerning the Marketplace. He requested this because of the number of people expected to be present and the size of the issue. He asked for clarification of the December 21st meeting, December 30th time frame and January 4th meeting concerning how they relate to one another. Ms. Skousen said these issues could be discussed at the December 21st hearing. Minutes, PC, 12/18/95 Page 2 Jill Kleiss spoke after submitting a speaker's card stating they had just received word that they had won the lawsuit concerning the Marketplace matter. Regarding placement of the Marketplace issue on the agenda as the last item, she felt this was not an oversight. She felt the EIR had been pushed through at an accelerated rate creating a shortened public review time. She stated the commission has the power to schedule the Marketplace first on the agenda. Randy Wheeler submitted a speaker's card and stated he had an application on the agenda in front of the Marketplace, and it had been scheduled early in September. There are other residents in the city planning to attend to speak to this issue. He asked that the agenda remain the same as it is at the present time. Responding to question by Commissioner Hersh, Mr. Grady said the general plan issues are minor and one item has been withdrawn. The item which would take the most time would be the Marketplace EIR. Chairman read the notice of right to appeal as set forth on the agenda. 3. CONSENT AGENDA ITEMS 4a. None PUBLIC HEARING - ZONE CHANGE #P95-0050'& TENTATIVE TRACT 5673 (PHASED) Mr. Grady stated a letter had been received from the school district which would require mitigation should the commission deny one of the three projects concerning subject area. If they are approved the condition would not be placed on this item. He asked that Agenda Item #5.3 be taken first at the December 21st meeting because if it is not approved a condition would need to be placed on approval of Agenda Item #5.2. Staff report recommending approval was given. Responding to questions by Commissioner Hersh, Mr. Grady said nothing would be lost for the city with this proposed change. He clarified the PUD contained smaller lots, this would be a standard lot subdivision in an R-1 zone. The PUD had private recreational amenities, however this subdivision would not. If the applicant were to construct homes on small lots within the R-2 zone it would fall within the current subdivision ordinance. Minutes, PC, 12/18/95 Page 3 Mr. Grady responded to questions by Commissioner Brady, saying the' ordinance went into effect December 8, 1995. There is a portion of R-2 property within the Silvercreek development at Panama and Ashe Road zoned R-3. The proposed changes would be from R-1 to R-2 at Panama and Ashe Road. This item was continued to Thursday's meeting. & b. PUBLIC HEARING - GPA 3-95, SEGMENT V & ZONE CHANGE #5669 5.2a. &b. Staff report recommending approval was given. Mr. Gauthier asked that the following wording be added to the motion for the general plan amendment: "subject to conditions on Exhibit "A." These items were continue to Thursday's meeting. PUBLIC HEARING - GPA 3-95, SEGMENT VI & ZONE CHANGE #5672 Staff report recommending approval was given. Mr. Gauthier said he would need to add a condition outlined in a memo of December 14, 1995, requiring archaeological studies. Commissioner Boyle asked if there were an advantage or disadvantage to the city of having all R-2 property in one location. Mr. Grady said it would depend on whether this property is developed as R-2 small lot single family subdivision. He said this size piece does not appear to staff as an over concentration. Mr. Gauthier asked that the motion be taken from the December 14, 1995 memo. ReSponding to questions by Commissioner Hersh, Mr. Grady explained the small lot ordinance requires an element of public benefit rather than an open space amenity. In the existing ordinance an applicant can request credit because of the amount of parks in a particular area. Responding to questiOn by Commissioner Brady, Mr. LaRochelle said there is no scheduled buildout of Ashe between Harris and Panama; it is expected to be done with development. There is an update of the transportation impact fee ordinance which contains Ashe Road in it, therefore if it becomes part of a plan the city may accelerate its construction as part of the impact fee program. This item was continued to Thursday's meeting. Minutes, PC, 12/18/95 5.3a. &b. 5.5 5.6 6.1 Page 4 PUBLIC HEARING - GPA 3-95, SEGMENT VII & ZONE CHANGE #5673 Staff report recommending approval was given. Responding to question by Commissioner Hersh, Mr. Grady said the applicant has indicated their intent to build 249 units. This item was continued to Thursday's meeting. PUBLIC HEARING - GPA 3-95, SEGMENT VIII & ZONE CHANGE #5671 PUBLIC HEARING - GPA 3-95, SEGMENT X Responding to question by Chairman Andrew, Mr. Grady stated a letter had been received requesting Segment VIII and associated rezoning #5671 and Segment X be withdrawn. PUBLIC HEARING - GPA 3-95, SEGMENT XII: Staff report recommending approval was given. This item was continued to Thursday's meeting. GENERAL PLAN CONSISTENCY FINDING - TRACT 5220 - CONVERSION OF PUBLIC STREETS TO PRIVATE STREETS FOR KENDALL WAY AND 6.2 WEYBRIDGE DRIVE Staff report recommending approval was given. This item was continued to Thursday's meeting. GENERAL PLAN CONSISTENCY FINDING - VACATION OF ROAD RIGHT-OF-WAY FOR JEWETT AVENUE, SOUTH OF THE SOUTHERN PACIFIC RAILROAD Staff report recommending approval was given. This item was continued to Thursday's meeting. Minutes, PC, 12/18/95 Page 5 7. MARKETPLACE ENVIRONMENTAL IMPACT REPORT -- TIME SET FOR PUBLIC HEARING TO RECEIVE COMMENTS ON THE DRAFT EIR Mr. Gauthier stated the consultant would give a 10-15 minute presentation then public comments would be taken on the draft EIR. Flexibility is available to the commission concerning holding a second meeting on this issue. It is not required legally. He asked that crowd control be maintained. He stated a recommended action will be available in memo form. He asked that any changes to mitigation made by the Commission be tied to an environmental impact. Responding to question by Chairman Andrew, Mr. Grady stated the reason staff feels this item should not be moved forward is because there is not any other item on the agenda which will create any additional time constraints. The general plan amendments have not in the past been postponed to another date in order to reserve an agenda for one lengthy item. Discussion continued with regard to proceedings for the meeting on December 21, 1995. Commissioner Hersh felt if the 21st is the only date in which the commission will review the EIR all comments should be in at that time. Ms. Skousen said a meeting has been scheduled for January 4, 1996. In the event all comments are not received by the 21st of December, they will be available for the meeting of the 4th because the comment period ends on December 30, 1995. Mr. Grady clarified additional public comments can be taken by the commission on January 4, 1996, however this is not recommended. Responding to question by Chairman Andrew, Commissioner BoYle said he would not want to limit testimony to 3 minutes, but would be in favor of some type of limitation. This could be determined at the hearing when the commission is aware of how many people are present to speak. Commissioner Hersh said he would like to play the time limit issue by ear because of the situation of this being heard around the holidays and the fact this is this commission's first time in hearing this type of issue. Commissioner Brady said he would not be in favor of any time constraints or categorizing them and determining how long people may speak. He was also not in favor of moving the Marketplace EIR issue ahead of general plan amendment requests on the agenda. He felt commissioners need to declare all letters and correspondence received asking staff how they should approach this. Ms. Skousen felt the commission may want to categorize the letters and declare them by issue. Commissioner Brady said he tried to avoid taking in information through correspondence .because he felt it would be extraneous to testimony taken at the 21st meeting. Ms. Skousen said if letters were not read, they need not be declared because they have not been received as ex parte communication. Minutes} PC, 12/18/95 Page 6 Commissioner Tavorn stated his comments had been expressed by both Commissioners Brady and Hersh. He was concerned about all of the communication received and the method for declaring it. Chairman Andrew agreed that the other agenda items would not take a great deal of time and therefore, did not feel the Marketplace EIR issue needed to be moved ahead. Responding to question by Commissioner Boyle, Ms. Skousen advised the Commission not to make comments regarding this issue until the City Attorney's Office indicates that the litigation is complete. Copies of the court order will be provided to the Commission. 8. COMMUNICATIONS A) Written None 10. B) Verbal None COMMISSION COMMENTS Commissioner Hersh felt it would be in the Commission's benefit that the City Attorney 'give an update regarding the Riverlakes Ranch project which was previously heard concerning impact fees and the application which was withdrawn. Ms. Skousen stated this could be scheduled for a meeting in late January. She stated she would give a complete history and update on the process. A. Committees Chairman Andrew asked Commissioners Hersh and Boyle to scheduled the following Wednesday for a Sign Committee meeting. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING. Minutes, PC, 12/18/95 Page 7 11. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 1:27 p.m. Laurie Davis Recording Secretary Planning Director