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
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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.
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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.
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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.
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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
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--April 11, 1997
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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
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---April 11, 1997
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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
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· .--April 11, 1997
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