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HomeMy WebLinkAbout04/16/1997 BAKERSFIELD Kevin McDermott, Chair Randy Rowles Patricia M. Smith Staff: Gail E. Waiters AGENDA SPECIAL MEETING URBAN DEVELOPMENT COMMITTEE Wednesday, April 16, 1997 12:15 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF MARCH 12, 1997 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. COMPREHENSIVE SIGN PLAN ORDINANCE - Hardisty B. KERN RIVER FREEWAY UPDATE - Rojas C. MAJOR TRANSPORTATION INVESTMENT STRATEGY (MTIS) UPDATE - Rojas D. PROPOSED MEETING SCHEDULE -Waiters 6. NEW BUSINESS A. POLICY REGARDING REQUESTS FOR CONTINUANCE - Skousen 7. ADJOURNMENT GEW:jp FILE DRAFT BAKERSFIELD Kevin McDermott, Chair ~stan Tandy, City Manager Randy Rowles afl: ' Gall E. Waiters Patricia M. Smith AGENDA SUMMARY REPORT SPECIAL MEETING URBAN DEVELOPMENT COMMITTEE Wednesday, March 12, 1997 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 12:33 p.m. Present: Councilmembers Kevin McDermott, Chair; and Patricia Smith Absent: Councilmember Randy Rowles 2. APPROVAL OF FEBRUARY 19, 1997 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS Renee Nelson commented that she thought both ordinances [Site Plan Review, Comprehensive Sign] are good first attempts, but need further review. She indicated that she would speak to these issues at the March 12 City Council meeting. 5. DEFERRED BUSINESS A. SPHERE OF INFLUENCE UPDATE Staff passed out a map showing the proposed sphere of influence (SOl) study areas and presented information on preparing documentation for expanding the SOl DRAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Wednesday, March 12, 1997 Page -2- boundary. Included in the proposal will be the west, south and east areas and the three County-approved specific plan areas, Western Rosedale (includes Rosedale Ranch), Pacificana and McAIlister Ranch. When city staff met with LAFCO staff, they discussed including agriculture and resource petroleum designated land into the SOl. LAFCO believes that the appropriate time to annex or include agricultural land in our SOl is when development is imminent, unless it is part of a comprehensive revision of the General Plan. Staff does not intend to propose any changes to land use designations at this time. Expanding the SOl does not mean that development or annexation is imminent, but it does signal that we are moving ahead with the planning process. LAFCO suggested that it may be beneficial to have a joint urban planning process between the city and county. The General Plan amendment proposing the expansion of the SOl boundary will go to the Planning Commission for their June 19, 1997 meeting. B. PROPOSED MEETING SCHEDULE Councilmember Rowles was not present at the meeting. The Chair set April 16, 1997 as the next meeting date. This item will be rescheduled when the full Committee is present to vote on the meetings dates for the 1997 calendar year. 6. NEW BUSINESS A. KERN RIVER FREEWAY Staff indicated that CalTrans is committed to allocating resources to complete the Mohawk Street to Stockdale Highway segment of the Kern River Freeway project. The total project is approximately $200 million. The segment identified as Mohawk Street to Stockdale Highway is approximately $50 million. Funds will be available in the year 2001-2002. Staff notes a three-year construction window for the project, with completion of the segment around the year 2008. 7. ADJOURNMENT Adjourned at 1'15 p.m. GEW:jp MEMORANDUM April 9, 1997 TO: URBAN DEVELOPMENT COMMITTEE KEVIN McDERMOTT, CHAIR RANDY ROWLES PATRIClA SMITH FROM: LAURA C. MARINO, Assistant City Attorney SUBJECT: COMPREHENSIVE SIGN PLAN ORDINANCE AMENDMENT The current comprehensive sign plan ordinance is a voluntary (unless imposed as a condition of development) program which permits the developers or business owners within a shopping/business center to request special consideration of an integrated plan for signage for the center. It permits exceptions from the standard sign regulations if the plan is in conformity with the purpose of the sign ordinances and the general welfare. The proposed ordinance maintains all of these attributes and remains voluntary. The proposed change is to the noticing provisions for the public hearing before the Planning Commission. The notices for the hearing pursuant to the current ordinance are sent only to the "applicant, their authorized agent, property owners and operators of the businesses affected." In the proposed ordinance, notice would additionally be sent to all property owners within 300 feet of the shopping/business center site. LCM\bsb S:~PLAN~JVlEMOS\COMPSGN.MMO THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGE MEMORANDUM April 11, 1997 TO: URBAN DEVELOPMENT COMMITTEE KEVIN McDERMOTT -- CHAIR RANDY ROWLES PATRIClA SMITH FROM: LAURA C. MARINO, Assistant City Attorney SUBJECT: CONTINUANCE POLICY On April 9, 1997, the City Council referred the subject of continuances and the need for a policy to address them to the Urban Development Committee. Since that time, we have prepared three versions of the continuance policy resolution. The first, which is the most restrictive, permits continuances only for one of the listed reasons. The second permits one continuance for good cause, and further continuances only for one of the listed reasons. The third permits a continuance for "good cause," as determined by the hearing body. Under all three policies, the party requesting the application 'must place the reason therefor on the record. Those opposing the continuance must be permitted to speak in opposition to the granting of the continuance. Last, the hearing body must open the public hearing and permit anyone wishing to testify at that time' to do so. On April 11, 1997 Roger Mclntosh, representing the BIA, met with City Attorney Judy K. Skousen and myself. Mr. Mclntosh was concerned that the continuance policy was too restrictive and did not cover many good reasons for continuance. Mr. Mclntosh has stated that he prefers the third option. LCM\bsb S:~PLAN~vlEMOS\CONTIN.MEM RESOLUTION NO. A POLICY RESOLUTION ADDRESSING THE GRANTING OF CONTINUANCES BY THE PLANNING COMMISSION, BOARD OF ZONING ADJUSTMENT AND CITY COUNCIL. WHEREAS, applicants appearing before the Planning Commission, Board of Zoning Adjustment and City Council occasionally request continuances; and WHEREAS, continuances, when granted, often create hardships for those members of the public who wish to testify in the public hearing concerning the proposed project; and WHEREAS, it is a policy and goal of the City to streamline all governmental processes and to efficiently process development applications; and WHEREAS, continuances granted without good cause only serve to slow the process and create unwarranted inefficiencies; and WHEREAS, it is not appropriate for requested continuances to be granted without good cause. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: Requests for continuances of public hearings on development projects before the Planning Commission, Board of Zoning Adjustment or the City Council may be granted only in the following circumstances: 1. Death or illness of a party whose presence is necessary; 2. Acts of God which preclude the attendance of a party whose presence is necessary; 3. Mutual agreement between all of the interested parties; 4. Where a continuance is legally necessary; 5. At the request of staff. Such continuances may be granted only after those opposing the continuance are permitted to state their opposition, those asking for the continuance have stated a reason for requesting the continuance, and after the opening of the public hearing and the taking of testimony from all those wishing to testify at that time. ......... o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ,, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K, SKOUSEN CITY ATTORNEY By: LAURA C. MARINO Assistant City Attorney LCM/bsb S:\COUNCIL~RES\CONTINU 1 .RES --April 11, 1997 -2- RESOLUTION NO. A POLICY RESOLUTION ADDRESSING THE GRANTING OF CONTINUANCES BY THE PLANNING COMMISSION, BOARD OF ZONING ADJUSTMENT AND CITY COUNCIL. WHEREAS, applicants appearing before the Planning Commission, Board of Zoning Adjustment and City Council occasionally request continuances; and WHEREAS, continuances, when granted, often create hardships for those members of the public who wish to testify in the public hearing concerning the proposed project; and WHEREAS, it is a policy and goal of the City to streamline all governmental processes and to efficiently process development applications; and WHEREAS, continuances granted without good cause only serve to slow the process and create unwarranted inefficiencies; and WHEREAS, it is not appropriate for requested continuances to be granted without good cause; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: Requests for continuances of public hearings on development projects before the Planning Commission, Board of Zoning Adjustment or the City Council may be granted once, so long as those opposing the continuance are permitted to state their opposition, and those asking for the continuance have stated a reason for requesting the continuance. No continuances may be granted without the opening of the public hearing and the taking of testimony from all those wishing to testify at that time. Additional continuances may not be granted except in the following circumstances: 1. Death or illness of a party whose presence is necessary; 2. Acts of God which preclude the attendance of a party whose presence is necessary; 3. Mutual agreement between all of the interested parties; 4. Where a continuance is legally necessary; 5. At the request of staff. o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: " CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY By: LAURA C. MARINO Assistant City Attorney LCM/bsb S:~COUNCIL~RES\CONTINU2.RES ---April 11, 1997 -2- RESOLUTION NO. A POLICY RESOLUTION ADDRESSING THE GRANTING OF CONTINUANCES BY THE PLANNING COMMISSION, BOARD OF ZONING ADJUSTMENT AND CITY COUNCIL. WHEREAS, applicants appearing before the Planning Commission, Board of Zoning Adjustment and City Council occasionally request continuances; and WHEREAS, continuances, when granted, often create hardships for those members of the public who wish to testify in the public hearing concerning the proposed project; and WHEREAS, it is a policy and goal of the City to streamline all governmental processes and to efficiently process development applications; and WHEREAS, continuances granted without good cause only serve to slow the process and create unwarranted inefficiencies; and WHEREAS, it is not appropriate for requested continuances to be granted without good cause; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: Requests for continuances of public hearings on development projects before the Planning Commission, Board of Zoning Adjustment or the City Council may be granted only upon a showing of good cause. Those opposing the continuance shall be permitted to state their opposition, and those asking for the continuance must state a reason for requesting the continuance. No continuances may be granted without the opening of the public hearing and the taking of testimony from all those wishing to testify at that time. .o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: " CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY By: LAURA C. MARINO Assistant City Attorney LCM/bsb S:\COUNCIL~RES\CONTINU3.RES · .--April 11, 1997 -2-