Loading...
HomeMy WebLinkAbout09/01/94MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, September 1, 1994, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: STEVE MESSNER, Chairperson JEFF ANDREW, Vice Chairperson STEPHEN BOYLE MATHEW BRADY KENNETH HERSH JIM MARINO DARREN POWERS, Alternate 'Absent: DOUG DELGADO ADVISORY MEMBERS: Present: LAURA MARINO, Assistant City Attorney JACK LaROCHELLE, Engineer IV DENNIS FIDLER, Building Director STAFF: Present: JACK HARDISTY, Planning Director JIM MOVIUS, Principal Planner JENNIE ENG, Associate Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC STATEMENTS No one made any public statements at this time. Chairman read the notice of right to appeal as set forth on the agenda. 3. CONSENT AGENDA ITEMS Agenda Item #7.1 - General Plan Consistency Finding - proposed vacation of 26th Street and adjacent alley in Block 115, between "H" and Eye Streets. Commissioner Powers stated he was not present at the Monday pre-meeting, however had listened to a copy of the tape. Minutes, PC, 9/1/94 Page 2 Commissioner Brady abstained because of conflict of interest on consent agenda item stating his firm represents the applicant. Commissioner Andrew stated he had missed the Monday pre-meeting, however had listened to the tape. He stated he had a conflict on consent agenda item, because he had sold the property across the street in the recent past. Commissioner Hersh noted for the record that he was absent from the pre- meeting, however had listened to the tape. Motion was made by Commissioner Marino, seconded by Commissioner Powers to approve consent agenda. Motion carried. Commissioners Brady and Andrew abstained because of conflicts of interest. REVISED COMPREHENSIVE SIGN PLAN 5-94 (MEMORIAL HOSPITAL - 420 - 34TH STREET) Commissioner Andrew abstained because he markets property next to subject property. Staff report was given. Rod Tillery represented the applicant. He stated concurrence with conditions. Motion Was made by Commissioner Hersh, seconded by Commissioner Powers to make findings set forth in staff report and approve the request for Revised Comprehensive Sign Plan 5-94, subject to conditions of approval in Exhibit "A." Motion carried. Commissioners Brady and Andrew were absent because of conflicts. 5. REVISED LANDSCAPE CONCEPT PLANS FOR HARRIS ROAD AND RELIANCE ROAD WITHIN THE SILVER CREEK DEVELOPMENT (Martin-Mclntosh) Commissioner Brady stated this property is within the assessment district in which this property is located, however the affect on his assessment would be minimum and he would not declare a conflict of interest. Ms. Marino stated her concurrence with this opinion. Staff report was given. Minutes, PC, 9/1/94 Page 3 Responding to question by Chairman Messner, Mr. Trone requested that a Condition #13 be added to read as follows: "The maintenance for the landscaping along Reliance Drive, adjacent to the R-2 zoned property shall be maintained by the maintenance district. If the R-2 property is developed as anything other than single family residences, said landscaping shall be removed from the maintenance district and maintenance responsibilities shall revert back to the property owner." Greg Polubinsky, Martin-McIntosh represented the applicant. He said approved plans exist for the streetscape in Silver Creek, however they would like to upgrade the appearance of it so that it is consistent with the new entrance off Ashe Road. He stated agreement with existing and new conditions. Responding to question by Chairman Messner concerning revised Condition #2 regarding the city's acceptance of maintenance responsibilities, Mr. Polubinsky stated agreement. Responding to question by Commissioner Hersh, Mr. Polubinsky stated size of trees would be between 24 to 60 inch box. Motion was made by Commissioner Marino, seconded by Commissioner Hersh to make findings in staff report and approve revised landscape plans for Harris Road and Reliance Drive in the Silver Creek development, subject to the conditions of approval in Exhibit "A," with the inclusion of August 29, and August 30, 1994 memos from Parks Department, and addition of condition #13 to read as follows: Maintenance for landscape along Reliance Drive adjacent to the R-2 zoned property shall be maintained by the maintenance district. If the R-2 property is developed as anything other than single family residences said landscaping shall be removed from the maintenance district and maintenance responsibilities shall revert back to the property owners of the R-2 property. .MOtion carried. 6.1 PUBLIC HEARINGS - ZONE CHANGE 5583 Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Greg Polubinsky, Martin-McIntosh represented the applicant. He stated agreement with conditions of approval. Minutes, PC, 9/1/94 Page 4 Public portion of the hearing was closed. Motion was made by Commissioner Hersh, seconded by Commissioner Andrew to adopt resolution making findings as set forth in staff report and approve the Negative Declaration, and approve Zone Change No. 5583, and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Andrew, Boyle, Brady, Hersh, Marino, Powers, Messner NOES: None ABSENT: Commissioner Delgado 6.2) PUBLIC HEARING - ZONE CHANGE 5584 Commissioners Brady and Boyle abstained due to conflicts of interest. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Randell Bowle, Architect, represented the applicant. He stated agreement with conditions of approval. Public portion of the hearing was closed. Motion was made by Commissioner Powers, seconded by Commissioner Marino to adopt resolution making findings as set forth in staff report approving the Negative Declaration and approving Zone Change No. 5584, subject to the conditions of approval listed in Exhibit "A," and recommend same to City Council. Responding to question by Commissioner Marino, Mr. Bowle said the entire Parcel is under one common ownership and ground leases will address the common access. Motion carried by the following roll Call vote: .AYES: Commissioners Andrew, Hersh, Marino, Powers, Messner NOES: None ABSENT: Commissioners Boyle, Brady Minutes, PC, 9/1/94 Page 5 7. GENERAL PLAN CONSISTENCY FINDING - PROPOSED VACATION OF 26TH STREET AND ADJACENT ALLEY IN BLOCK 115, BETWEEN "H" STREET AND EYE STREET. o Approved as consent agenda item. PRESENTATION BY ATTORNEY'S OFFICE REGARDING BROWN ACT Ms. Marino explained the focus of the Brown Act being to provide public access to meetings of legislative bodies and the definition of such. She explained that the commission must not ever discuss specific items that may be before the Commission in instances in which they may be gathered such as seminars, etc. Brown Act requires all meetings to be open to the public. Members of the public may not be required to register or provide further information in order to attend a meeting. Every legislative body must adopt a time and place for holding regular meetings and at least 72 hours prior to a regular meeting an agenda must be posted giving a brief description of items to be discussed or transacted. No other discussion may be taken with the exception of 3 circumstances. She gave these circumstances, which she said are narrowly defined and unlikely to happen. She said mailed notice of regular meetings are not required except to those persons who file written requests and pay the cost for service. Every agenda must provide an opportunity for members of the public to address the body on any item of interest to the public within subject matter jurisdiction of the body. Reasonable regulations may be adopted to limit total time for testimony on subject and/or for each speaker. She outlined the definition and procedure for special meetings. Any written material distributed to all or majority of legislative body is considered public record and must be available without delay. If distributed during a public meeting by Commissioner or staff they must be made available for public inspection at the meeting. If submitted by a member of the public, they must be made available for public inspection immediately after the meeting. She said any member attending a meeting in which the Brown Act is violated with wrongful intent to deprive .the public of information which they are entitled is guilty of a misdemeanor. Action may be brought by the district attorney or any interested person. She gave information concerning deadlines for this action. Meetings must be held in a place which is accessible to the disabled. She gave definition reasoning and examples for closed session hearings. Responding to a question by Commissioner Hersh, Ms. Marino said unless an interested party is taking a poll to find out how each commissioner will vote it is not inappropriate for a person to make separate presentations to more than a quorum as long as there is not a quorum present at one time. If it is a public hearing item, testimony should be properly given in the public hearing so that everyone has a chance to listen and respond. Minutes, PC, 9/1/94 Page 6 Responding to questions by Commissioner Andrew, Ms. Marino said in the case such as committee meetings when those attending are speaking it is appropriate to require them to state their names. If they are just wishing to attend it cannot be asked of them to state their names. Responding to question by Commissioner Boyle regarding a quorum of the Commission attending social events, Ms. Marino said this is appropriate if no _ commission business is discussed and nothing is presented during the event which may come before the Commission at a future hearing. Ms. Marino responded to a question by Chairman Messner concerning possible recommendations about conducting business by reminding commissioners that those declaring conflicts of interest need to leave their chairs. 9. COMMUNICATIONS A) Written None 10. B) Verbal None COMMISSION COMMENTS A. Committees Commissioner Hersh said a committee meeting was held on August 29th at Kern City Town Hall. Those present from the neighborhood were not well informed about the need for the meeting. This information was conveyed to them by the city attorney. It was also discussed that possibly the C.C.&R.'s needed to cleaned up and that they needed to decide amongst themselves what they wanted to accomplish. The committee could then be invited back. Mr. Hersh said it would be helpful if the committee members could also receive a call regarding the committee dates possibly the day before the meeting. Commissioner Andrew gave a summary of the previous sign committee. He recommended other members of the committee obtain the tape of this meeting. He said there was a lot of input from the industry. Minutes, PC, 9/1/94 Page 7 11. Mr. Hardisty responded to question by Chairman Messner, saying the Kern River Freeway .Alignment would be coming back before the commission in the future. Mr. Hardisty felt it would be appropriate to invite CalTrans to give a presentation to the Commission when things have settled down. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 6:32' p.m. Laurie Davis Recording Secretary Planning Direct/