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HomeMy WebLinkAbout09/05/96MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held September 5, 1996 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. COMMISSIONERS: Present: KENNETH HERSH, Chairperson DOUG DELGADO, Vice-Chairperson STEPHEN BOYLE ROBERT ORTIZ WADE TAVORN MICHAEL DHANENS Absent: JEFFREY TKAC MATHEW BRADY ADVISORY MEMBERS: Present: JACK LEONARD, Assistant Building Director STAFF: Present: STANLEY GRADY, Planning Director LAURIE DAVIS, Recording Secretary 2. P U BLI_C_~EN];S David Goh submitted a speaker's card, however stated he would like to make a statement at the time of presentation on the riverwalk project. No public statements were made at this time. Chairman read the notice of right to appeal as set forth on the agenda. 3. CO--GErMS None 4. PJ:~ ~1_O NJ3~_DAYJDJ~IILAZZQ_~D3 &/~T~:)~ ~ ~ ~V£ I::~/YALE PRQJEC~ David Milazzo gave a presentation on his proposal for a downtown riverwalk project. A copy of the proposed plan is on file. Judge John Stuebbe gave a presentation on the economics of this proposal. David Goh, Senior Pastor, Bakersfield Community Church, stated his support for the project. Minutes, PC, 9/5/96 Page 2 Dennis Fox spoke regarding this proposal. He was concerned about the water usage as it relates to the northern portion of the State and their need to ration. Commissioner Hersh asked if there are variations in width of the canal. Mr. Milazzo said 30 feet is the average. It probably varies between 25 and 40 feet in some areas. Regarding water usage, he stated water which would be used comes from this area and some of the water would be percolated back into the downtown water table. Commissioner Hersh asked how Mr. Milazzo felt about the proposals for the Amtrak station and Stadium in the downtown area. Mr. Milazzo said he was encouraged about the idea that the high speed rail could follow the 99 corridor which would be a phenomenal benefit to the downtown area. He felt there was plenty of room in the downtown area for the baseball stadium to be located and felt it would fit very neatly into the logic of this proposed urban entertainment center. Commissioner Delgado stated his enthusiasm for this project. Commissioner Boyle asked if there were any estimate as to the cost of the proposed Centennial Park. He said it would be about $6 Million with the Centennial Plaza component being about $2 Million; the majority of this being spent on acquisition of the property. Chairman Hersh thanked Mr. Milazzo and Judge Stuebbe for their presentations. B~:)J_F_ O~ I~G_C~)MM I S SLO~ LO~~ A P P_~O_~ A LO_ E CALI.F_O.RJ~AJ~:~LVJ~_O~MEI~T~.~ZtJALLTY ACT DOCUMF_N~S Mr. Grady gave an overview and slide presentation with respect to this issue. A copy of this outline is available on file. Commissioner Hersh asked for a copy of the summary of this presentation. Commissioner Boyle asked if the commission disagrees with the finding of a negative declaration what course should be taken. Mr. Grady said the negative declaration would not be approved and the commission would direct staff to prepare an EIR. Commissioner Boyle asked if the commission could request a mitigated negative declaration be prepared. Mr. Grady explained that all negative declarations which contain conditions are considered mitigated. Commissioner Tavorn asked for a definition of "significant impacts." Mr. Grady explained significant has to stand the test of reasonableness with respect to whether the information presented is believable, accurate'and whether they have provided substantial evidence that their concern is true; is an environmental concern and is not a social or economic concern. Minutes, PC, 9/5/96 Page 3 In response to discussion concerning significant impacts, Ms. Marino explained significant impacts are those that-exceed an adopted threshold. Concerning substantial evidence she clarified the evidence must support a finding that there is a significant impact. Commissioner Hersh stated his concerns regarding the last EIR on the Marketplace project which was prepared saying he did not feel it was a final document because he felt facts were not defined as questions were asked. He was also concerned that Commissioners questions were not answered. Commissioner Hersh felt an EIR could be required by the Commission for such things as ascertaining prior to hearing an item that a wall will be provided. Ms. Marino clarified that legally in order to require an EIR substantial evidence must be placed on the record of an impact which is not mitigated. It cannot be required prior to receiving this information. Discussion continued regarding this issue. Mr. Hardisty clarified that a danger exists in an EIR becoming the focus of the Commission's attention. It is only designed to inform the Commission of problems which exist with a project concerning the environment. It does not remove the Commission's responsibility to judge the project in the context of the general plan policies and ordinance requirements. He explained the difference between a negative declaration and EIR in terms of significant impacts and the mitigation of them. Ms. Marino explained that what the commission needs to look at in requiring an EIR are impacts of a project on the environment. Environmental decisions need to be made rather than policy decisions. Commissioner Hersh said he would like to have all agency comments before reviewing EIR's. He was also concerned about changes being made to the EIR document after it has been endorsed by the Commission. Mr. Grady explained that once the Commission has determined the document to be completed it is then passed onto the City Council to approve the final EIR or respond to additional information. It can be changed during the time the Commission has found it to be adequate and the City Council finals it. DISCUSSION AND POSSIBLE ACTION REGARDING THE USE QF_U_TJ_LI_T_Y_ EASEMEL'LT S Mr. Grady stated this was added to the agenda at the request of Commissioner Boyle. He stated no information was available on this subject. P.G.&E. indicated they do not want to do much in the easements. Commissioner Boyle felt perhaps this is something the commission needs to take a look at in terms of what would best suit this city. He suggested perhaps it be sent to committee to look at possibilities. '~ ;'~' "Mi~nutes, PC, 9/5/96 10. page 4 commissioner Tavorn stated he had attended a forum on this subject at a previous conference in which he collected information. He stated he would provide this information to staff to be distributed to the entire commission. Chairman Hersh felt a committee could be formed at the next meeting. C O MM_UNICA'EIC)NS_ A) Written None B) Y~_rbal None COMMI_S$_BNCDMME NIS A. Commissioner Tavorn stated the Ordinance Review Committee would meet on September 17th to discuss the Hillside Ordinance issue. Concerning the Subdivision Committee Commissioner Boyle stated a road trip had been taken in the recent past in order to view triplex and fourplex developments. He stated the next meeting would be held on September 10th. Commissioner Hersh asked about the progress of proposed site plan review ordinance amendment. Ms. Marino said review of the site plan review ordinance is still being considered at staff level. There may be some future discussion with the Urban Development Committee of the City Council at their next meeting. DISC_USSIO~N.D ACTION REGA~ POSSIBLE_CANC_ELLATLO_N~)F THEN.E;~I; P_B~ZING. Mr. Grady stated this will be the general plan cycle and recommended the meeting not be canceled. No action was taken to cancel the next pre-meeting. AQJDUENIVIEN~ There being no further discussion before the Commission, meeting was adjourned at 7:43 p.m. Laurie Davis Recording Secretary