HomeMy WebLinkAbout01/02/96MINUTES OF THE REGULAR MEETING
OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Held Monday, January 2, 1996, 5:30 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
MICHAEL DHANENS Alternate
Absent:
DOUG DELGADO, Vice-Chairperson
ADVISORY MEMBERS: ' Present:
LAURA MARINO, Assistant City
Attorney
JACK LaROCHELLE, Engineer IV
DENNIS FIDLER, Building Director
STAFF: Present:
STANLEY GRADY, Planning Director
JIM MOVIUS, Principal Planner
MARC GAUTHIER, Principal Planner
JIM EGGERT, Principal Planner
MIKE LEE, 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
None
4. APPROVAL OF MINUTES
Commissioner Brady requested that reference to Jaco Oil be researched as to the
correct spelling and reference to the correct oil company.
Minutes, PC, 1/2/96 Page 2
5. MARKETPLACE ENVIRONMENTAL IMPACT REPORT -- TIME SET FOR
PUBLIC HEARING TO RECEIVE COMMENTS ON THE DRAFT EIR
7.1
(Continued from the regular meeting of December 21, 1995)
Mr. Gauthier gave an update on information transmitted to the Commission.
Responding to question by Commissioner Hersh, Mr. Gauthier stated the only
agency to comment on this EIR thusfar has been the Air Pollution Control
District. Mr. Hersh commented on the verbatim transcript of December 21st,
stating that there were many errors. Mr. Grady said this would be checked into.
PUBLIC HEARING - REVISED TENTATIVE TRACT 5679
(PHASED/VESTING) (DeWalt Corp.)
Chairman Andrew abstained from participating on this item because he sold
property to the applicant within the last year.
Motion was made by Commissioner Ortiz, seconded by Commissioner Brady to
appoint Commissioner Hersh to chair this hearing. Motion carried.
Staff report recommending approval was given. The applicant requested this item
be placed on the consent calendar.
This hearing was continued to Thursday's meeting.
PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5418
7.2
Staff report recommending approval was given.
Responding to question by Commissioner Dhanens, Mr. Grady said the school
sites shown on the map would have to be resubdivided at a later date. A request
was made on the original tract for phasing, however the resubdivision of a school
site at a later date would not be affected by this extension of time.
This item was continued to Thursday's meeting.
PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5456
Staff report recommending approval was given.
This item was continued to Thursday's meeting.
Minutes, PC, 1/2/96 Page 3
7.3 PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5661
o
10.
11.
Staff report i~ecommending approval was given.
This item was continued to Thursday's meeting.
PUBLIC HEARING - ZONE CHANGE P95-0113
Staff report recommending approval was given.
This item was continued to Thursday's meeting.
GENERAL PLAN CONSISTENCY FINDING (Government Code Section
65402)
This item was continued to Thursday's meeting.
COMMUNICATIONS
A) Written
None
B) Verbal
None
Mr. Grady stated there were requests for the following items to be placed on the
consent agenda: Tentative Tract 5679 (Revised), Extensions of time for Tentative
Tracts 5418 and 5456. Commissioner Hersh stated his preference that these items
not be placed on the consent calendar.
COMMISSION COMMENTS
Commissioner Hersh cited a major EIR and project proposal coming up in
March, asking if the commission could be given a status report at the earliest date
since this is a major project covering a large amount of acreage. Mr. Grady said
this could be accomplished.
Responding to question by Chairman Andrew, Mr. Hernandez said comments
made by the Commission concerning the EIR should be limited to the scope of
the EIR. Any comments outside the EIR review would be inappropriate. The
same guidelines apply to the Commission as apply to the public with regard to
comments being limited to the adequacy of the DEIR.
Minutes, PC, 1/2/96 Page 4
Commissioner Hersh said the commission was told in a session with the City
Attorney that the Commission could not separate the process by which the city
was operating, the lawsuit and the Marketplace. He stated he has received
various opinions on this issue, however he stated he would operate under what he
was told by the City Attorney. Mr. Hernandez said it was his understanding that
the site plan review process and discussion of that process is not an appropriate
item for discussion with regard to the Draft EIR. This has been the consistent
opinion given to the commission. Mr. Hernandez reminded Commissioner Hersh
that what was discussed in closed session is not appropriate for discussion outside
that closed session. He suggested Commissioner Hersh speak to the City
Attorney about this issue.
Chairman Andrew felt the discussion needs to be limited to the Draft EIR. If the
commission would like to discuss something else it would need to be handled
under commission comments. Commissioner Hersh felt there has been no quality
control with respect to the handling of this EIR. Chairman Andrew felt this
would need to be discussed with city staff.
A. Committees
12. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF
13.
THE NEXT PRE-MEETING.
ADJOURNMENT
There being no further business to come before the Commission, meeting was
adjourned at 12:55 p.m.
Laurie Davis
Recording Secretary