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Planners OK limits on hillside development
| Thursday, Sep 7 2006 10:55 PM
Last Updated: Thursday, Sep 7 2006 10:59 PM
The city Planning Commission voted 6-0 in favor of the revised Hillside Ordinance Thursday, recommending that City Council pass the measure.
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The ordinance, as recommended by the city Planning Department, has been described by city Planning Director Jim Movius as a way to curb untrammeled and unsafe residential development in the scenic hills of northeast Bakersfield.
The commission is merely an advisory body -- council has the final say on whether the ordinance will be adopted -- but their approval, with Commissioner Tom McGinnis absent -- was a stinging rebuke to opponents of the ordinance who complained that the city was trampling property rights.
The decision
Commissioner Russell Johnson said he could sum up the ordinance in one word: "overdue."
Other commissioners, such as Commissioner Jeff Tkac, said part of their decisions were based on planning for worst-case scenarios, after seeing hillsides crumble in places like Malibu and La Conchita.
"We don't want to wait until something happens," Commissioner Murray Tragish said. "It's my job to anticipate problems."
"Natural disasters happen," Chairwoman Barbara Lomas said.
The commissioners also largely rejected the use of the word "taking," as a reference to the city taking away property from citizens.
"I think the word 'taking' is definitely excessive," Tkac said.
The meeting
The meeting itself was more than three hours long. Lomas allowed speakers to make cases for and against the ordinance before the commissioners deliberated.
Scott Howry, the attorney who represents some of the larger landowners in the hills, including General Holding, gave the longest argument against the ordinance. General Holding is a land speculation company that has resisted the proposed ordinance for months.
Howry charged that the city was overstepping its bounds. He added that it was almost as if changes were being made midstream, as his clients had already proposed homes in the areas.
"This goes way beyond what the ordinance (was designed for)," he said.
"After all this money has been spent, the city wants to come back and change the rules," Howry said.
About 10 speakers approached the podium, with the speakers generally evenly divided by supporters and opponents.
Clay Maynard, a resident of Yuba City who wants to retire in the hills of northeast Bakersfield, read a dictionary definition of "socialism" and played a recording made in 2001 of Councilman Mike Maggard appearing to encourage building in the northeast.
Maggard has been a vocal advocate of the Hillside Ordinance.
Michelle Beck, of Bakersfield Bluffs and Open Space Committee, told the commission that the ordinance was "fair and reasonable."
Aftermath
After the decision was made, Howry said, "The fight goes on ... on to the City Council."
Deputy City Attorney Robert Sherfy said the ordinance could go to the council as early as October.
The normally emotionless Movius said he was "really happy," because the planning staff had put a lot of effort into revising the ordinance and that the commissioners looked like they understood that.
Lomas even hinted, during her decision, that the ordinance wasn't finished.
"This ordinance doesn't go far enough," she said. "(But) we have to start somewhere."