Regular Meeting. 5 Present ROLL CALL: Commissioners: Babcock, Belluomini, Flores, Perez, Sprague

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1 SUMMARY OF PROCEEDINGS KERN COUNTY PLANNING COMMISSION Chambers of the Board of Supervisors Kern County Administrative Center 1115 Truxtun Avenue Bakersfield, California COMMISSION CONVENED Regular Meeting Thursday, August 13, :00 p.m. 5 Present ROLL CALL: Commissioners: Babcock, Belluomini, Flores, Perez, Sprague Both Present Advisory Members: Divelbiss, Chief Deputy County Counsel James, Director, Planning Department NOTE: Ba, Be, Fl, Pe, and Sp are abbreviations for Commissioners Babcock, Belluomini, Flores, Perez, and Sprague, respectively. For example, Ba/Be denotes Commissioner Babcock made the motion and Commissioner Belluomini seconded it. The abbreviation "Ab" means absent and "Abd" abstained. CA-CONSENT AGENDA: Items Approved by Roll Call Vote on One Motion Ba/Pe APPROVAL OF MINUTES: July 23, UNANIMOUSLY APPROVED. PUBLIC HEARINGS: CONTINUED CASES: Ba/Fl Res. # CA-1. ZONE CHANGE CASE #5, MAP #131; - A change in zone classification from A (Exclusive Agriculture) to A WE (Exclusive Agriculture - Wind Energy) or a more restrictive district - Approximately 15 miles west of Highway 14, on Jawbone Canyon Road, Mojave area - STAFF RECOMMENDATION: ADVISE THE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE THE ADDENDUM TO THE FINAL CERTIFIED EIR, CERTIFIED AND PREPARED BY LEAD AGENCY, CITY OF LOS ANGELES; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE ZONE CHANGE 13, MAP 150 AS REQUESTED; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION, APPROVE AMENDED AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN SUBJECT TO APPROVAL BY COUNTY COUNSEL; ALL OF THESE APPROVALS NOT TO BECOME EFFECTIVE UNLESS PRIOR TO A DATE SELECTED BY THE BOARD OF SUPERVISORS, THE FOLLOWING EVENT SHALL OCCUR: LOS ANGELES DEPARTMENT OF WATER AND POWER SIGNS AND SUBMITS TO THE DIRECTOR THE AMENDED AGREEMENT TO COMPLY WITH THE REQUIREMENTS OF THE KERN COUNTY ZONING ORDINANCE APPLICABLE TO THE A WE (EXCLUSIVE AGRICULTURE - WIND ENERGY) CLASSIFICATION, AND THE CEQA MITIGATIONS AND OTHER CONDITIONS AS MAY BE IMPOSED BY THE APPROVALS OF ZONE CHANGE CASE 4, MAP 131, ZONE CHANGE CASE 12, MAP 150, ZONE CHANGE CASE 3, MAP 151, CONDITIONAL USE PERMIT 1, MAP 131, ZONE CHANGE CASE 5, MAP 131, ZONE CHANGE CASE 13, MAP 150, AND CONDITIONAL USE PERMIT 4, MAP 150, REGARDLESS OF ANY EXEMPTION, INCLUDING THEIR STATUS PURSUANT TO GOVERNMENT CODE SECTION CEQA Guideline: Addendum to Final Certified Environmental Impact Report (MMMP) - (SD #2) - Los Angeles Department of Water and Power (PP09278)

2 (Continued from 7/23/09) HEARING OPENED. DAVID LAUGHING HORSE ROBINSON, CHAIRMAN OF THE KAWAISSU TRIBE, STATED OPPOSITION TO CONSTRUCTION ON THE PROJECT SITE ALSO CONCERN WITH THE LACK OF NOTIFICATION BY THE COUNTY ON THIS PROJECT. MR. ROBINSON ASKED FOR A CONTINUANCE TO ALLOW THEM AN OPPORTUNITY TO EXAMINE THE PROPOSAL. CHUCK HOLLOWAY, THE APPLICANT, STATED THERE WAS NO CONSTRUCTION BEING DONE, HOWEVER, THERE WAS ROAD GRADING IN PROGRESS. MR. HOLLOWAY ALSO STATED MR. ROBINSON HAD BEEN GIVEN A TOUR OF THE PROJECT SITE AND WAS UNAWARE OF ANY PROBLEMS. KATHRINE DEVRIES, A CONCERNED CITIZEN, STATED THIS PROJECT WAS ON TRIBAL TERRITORY AND FELT THAT LACK OF NOTIFICATION BY THE COUNTY WAS UNLAWFUL AND WAS OPPOSED TO THE PROJECT. STAFF ADDRESSED THE NOTIFICATION ISSUE AND THE COMMISSION REITERATED THAT THIS WAS ONLY A RECOMMENDATION AND THAT THE BOARD WOULD HAVE FINAL JURISDICTION. A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER FLORES RECOMMENDING THE BOARD OF SUPERVISORS APPROVE THE ADDENDUM TO THE FINAL CERTIFIED EIR, CERTIFIED AND PREPARED BY LEAD AGENCY, CITY OF LOS ANGELES; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE ZONE CHANGE 13, MAP 150 AS REQUESTED; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE ATTACHED DRAFT RESOLUTION, APPROVE AMENDED AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN SUBJECT TO APPROVAL BY COUNTY COUNSEL; ALL OF THESE APPROVALS NOT TO BECOME EFFECTIVE UNLESS PRIOR TO A DATE SELECTED BY THE BOARD OF SUPERVISORS, THE FOLLOWING EVENT SHALL OCCUR: LOS ANGELES DEPARTMENT OF WATER AND POWER SIGNS AND SUBMITS TO THE DIRECTOR THE AMENDED AGREEMENT TO COMPLY WITH THE REQUIREMENTS OF THE KERN COUNTY ZONING ORDINANCE APPLICABLE TO THE A WE (EXCLUSIVE AGRICULTURE - WIND ENERGY) CLASSIFICATION, AND THE CEQA MITIGATIONS AND OTHER CONDITIONS AS MAY BE IMPOSED BY THE APPROVALS OF ZONE CHANGE CASE 4, MAP 131, ZONE CHANGE CASE 12, MAP 150, ZONE CHANGE CASE 3, MAP 151, CONDITIONAL USE PERMIT 1, MAP 131, ZONE CHANGE CASE 5, MAP 131, ZONE CHANGE CASE 13, MAP 150, AND CONDITIONAL USE PERMIT 4, MAP 150, REGARDLESS OF ANY EXEMPTION, INCLUDING THEIR STATUS PURSUANT TO GOVERNMENT CODE SECTION THE MOTION CARRIED. NEW CASES: 2. ZONE CHANGE CASE #5, MAP #216; ZONE CHANGE CASE #12, MAP #233 - (a) A change in zone classifications from A WE (Exclusive Agriculture - Wind Energy) to A (Exclusive Agriculture) for approximately 47.5 acres; A WE FP (Exclusive Agriculture - Wind Energy - Floodplain Combining) to A FP (Exclusive Agriculture - Floodplain Combining) for approximately five acres or more restrictive districts; (b) A change in zone classification from A WE (Exclusive Agriculture - Wind Energy) to A (Exclusive Agriculture) for approximately five acres or a more restrictive district - Approximately 15 miles west of Rosamond - STAFF RECOM- MENDATION: CONTINUE TO SEPTEMBER 24, CEQA Guideline: Section and Section 15061(b)(3) - (SD #2) - enxco Development Corporation (PP09272) HEARING OPENED. THIS CASE WAS CONTINUED TO SEPTEMBER 24, GENERAL PLAN AMENDMENT #1, MAP #218 & 218R; GENERAL PLAN AMENDMENT #7, MAP #219; GENERAL PLAN AMENDMENT #1, MAP #235 & Summary of Proceedings (PC) - August 13, 2009 Page 2

3 236; GENERAL PLAN AMENDMENT #10, MAP #237; GENERAL PLAN AMENDMENT #2, MAP #237-26; GENERAL PLAN AMENDMENT #6, Map ; GENERAL PLAN AMENDMENT #9, MAP #254 ZONE CHANGE CASE #1, MAP #218 & 218R; ZONE CHANGE CASE #12, MAP #219; ZONE CHANGE CASE #2, MAP #235 & 236; ZONE CHANGE CASE #43, MAP #237; ZONE CHANGE CASE #7, MAP #237-26; ZONE CHANGE CASE #22, MAP #237-34; ZONE CHANGE CASE #7, MAP #254; SP #1, MAP #256; AGRICULTURAL PRESERVE #4 - EXCLUSION; AGRICULTURAL PRESERVE #19 - EXCLUSION - (a) Adoption of the Tejon Mountain Village Specific and Community Plan; (b) Amend the Land Use, Open Space, and Conservation Element of the Kern County General Plan from Map Code(s) 3.3 (Other Facilities), 4.3 (Specific Plan Required), 6.3 (Highway Commercial), 8.3 (Extensive Agriculture), 8.4 (Mineral and Petroleum), and 8.5 (Resource Management) to Map Code(s) 4.1 (Accepted County Plan Areas), upon approval of the Tejon Mountain Village Specific and Community Plan, the following Map Code(s) are to be established: 5.3 (Residential - Maximum 10 Units/Net Acre) on approximately 75 acres, 5.4 (Residential - Maximum 4 Units/Net Acre) on approximately 2,607 acres, 5.45 (Residential - Maximum 2 Units/Net Acre) on approximately 43 acres, 5.5 (Residential - Maximum 1 Unit/Net Acre) on approximately 4,450 acres, 5.6 (Residential Minimum 2.5 Gross Acres/Unit) on approximately 400 acres, 5.7 (Residential - Minimum 5 Gross Acres/Unit) on approximately 731 acres, 8.5 (Resource Management) on approximately 15,133 acres, 3.3 (Other Facilities) on approximately 11 acres, 5.1/6.3/3.1/3.3 (Residential - Maximum 29 Units/Net Acre - Highway Commercial - Public or Private Recreation Areas - Other Facilities) on approximately 281 acres, and 5.3/6.2/3.1 (Residential - Maximum 10 Units/Net Acre - General Commercial - Public or Private Recreation Areas) on approximately 2,686 acres or more restrictive map code designations; (c) Rescind the following Map Code 4.3 (Specific Plan Required) areas as identified in Appendix C of the Kern County General Plan, Natcha Mesa, Vista Peak 1, Vista Peak 2, Castaic, and Lebec; (d) Amend the boundaries and exclude from the project site the following Map Code 4.3 (Specific Plan Required) areas as identified in Appendix C of the Kern County General Plan, Bear Trap and Oso Canyon; (e) Amend the Circulation Element of the Kern County General Plan to delete all identified collector segments on the project site and replace with new collector alignment; (f) A change in zone classification from A (Exclusive Agriculture), A GH (Exclusive Agriculture - Geologic Hazard Combining), CH (Highway Commercial), CH D (Highway Commercial - Architectural Design Combining), E (20) RS (Estate - 20 acres - Residential Suburban Combining), OS (Open Space), and RF (Recreation-Forestry) to SP (Special Planning) or a more restrictive district; (g) Amend the boundaries of the following Kern County Zone Maps: 218, 218R, 219, 235, 236, 237, , , 254 to exclude the project site and adopt a new Zone Map 256 for the project site; (h) Adoption of the proposed Tejon Mountain Village Special Plan No. 1, Map 256; (i) Exclusion of 451 acres from the boundaries of Agricultural Preserve No. 4 and exclusion of 17,416 acres from the boundaries of Agricultural Preserve No. 19; (j) Development Agreement No. 1, Map Eastside of Interstate 5, approximately 40 miles south of Bakersfield in the unincorporated area of Kern County, California - STAFF RECOMMENDATION: CONTINUE TO SEPTEMBER 10, CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2 and 4) - Tejon Mountain Village, LLC (PP06201) HEARING OPENED. DAVID LAUGHING HORSE ROBINSON, CHAIRMAN OF THE KAWAIISU TRIBE, SUBMITTED DOCUMENTS THAT WERE RECEIVED AND FILED. THIS CASE WAS CONTINUED TO SEPTEMBER 10, SPECIFIC PLAN AMENDMENT #136, MAP #500; SPECIFIC PLAN AMENDMENT #8, MAP #254; ZONE CHANGE CASE #6, MAP #254; SP #1, MAP #254 - (Project 1) A Kern County Planning Department initiated change to policies in the Frazier Park/Lebec Specific Plan to conform to the adopted Kern County General Plan. (Project 2) An applicant initiated request for amendments to the Summary of Proceedings (PC) - August 13, 2009 Page 3

4 Frazier Park/Lebec Specific Plan for development of a master planned community called Frazier Park Estates. The proposed master planned community includes Option single-family residential lots sizes ranging from 6,500 square feet to over one acre (43,560 square feet); or Option single-family residential lots, with both options including a 41-unit multifamily complex; 104,475 square feet of commercial space that includes a proposed grocery store, restaurant, retail building, offices, and maintenance yard for a new community service district; 7.5-acre sports field; 348-acre nature preserve and multipurpose trails; related roads; recreational and drainage infrastructure; and wastewater and water facilities all on approximately acres in Kern County, with some facilities proposed on adjacent 323 acres in Los Angeles County. Discretionary actions requested by the applicant to amend the Frazier Park/Lebec Specific Plan include the following land use designations: Amend the Frazier Park/Lebec Specific Plan Map Codes from 8.5/2.1 (Resource Management - Seismic Hazard) to 5.3/2.1 (Residential - Maximum 10 Units/Net Acre - Seismic Hazard) on 6.21 acres; 8.5 (Resource Management) to 5.5 (Residential - Maximum 1 Unit/Net Acre) on acres; and 8.5/2.1 (Resource Management - Seismic Hazard) to 5.5/2.1 (Residential - Maximum 1 Unit/Net Acre - Seismic Hazard) on acres and 6.2/2.1 (General Commercial - Seismic Hazard) on acres. Amendment of the Circulation Element of the Frazier Park/Lebec Specific Plan to designate Specific Plan Lines for new interior major and secondary road alignments; and adoption of a Specific Plan Line for Frazier Mountain Park Road that realigns it. A change in zone classification from A (Exclusive Agriculture) to SP (Special Planning) or a more restrictive district. Adoption by ordinance of a detailed plan for site development and zoning (Special Plan 1, Map 254) - Southwest corner of Peace Valley Road and Frazier Mountain Park Road, west of Interstate 5, Frazier Park - STAFF RECOMMENDATION: CONTINUE TO AUGUST 27, CEQA Guideline: Environmental Impact Report (MMMP) - (SD #4) - Fallingstar Homes by Cornerstone Engineering, Inc. (PP04221) HEARING OPENED. THIS CASE WAS CONTINUED TO AUGUST 27, Ba/Pe Res. # Res. # CA-5. GENERAL PLAN AMENDMENT #1, MAP #195; ZONE CHANGE CASE #1, MAP #195 - (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 1.1 (State and Federal Land) to Map Code(s) 8.5 (Resource Management) or a more restrictive map code designation; (b) A change in zone classification from E (20) (Estate - 20 acres) to A (Exclusive Agriculture) or a more restrictive district - Approximately four miles north of Highway 58 and two miles east of the Highway 58 bypass, 1/2 mile north of the 20th Avenue and Arroyo Avenue intersection, California City area - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO APPROVE GENERAL PLAN AMENDMENT AND ZONE CHANGE, AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Section (SD #2) - Strata Equity Group, Inc. (PP10201) HEARING OPENED. ERIC FLODINE, THE APPLICANT, STATED THE PROPOSAL WAS A CORRECTION OF THE GENERAL PLAN DESIGNATION TO BRING THE AREA INTO COMPLIANCE WITH THE SURROUNDING LAND USES. DAVID LAUGHING HORSE ROBINSON, CHAIRMAN OF THE KAWAIISU TRIBE, STATE THAT HE HAD MISUNDERSTOOD THE PROPOSAL AND, THEREFORE, HAD NO COMMENT. A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER PEREZ RECOMMENDING THE BOARD OF SUPERVISORS APPROVE GENERAL PLAN AMENDMENT AND ZONE CHANGE, AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. Summary of Proceedings (PC) - August 13, 2009 Page 4

5 Fl/Ba Res. # Res. # Res. # GENERAL PLAN AMENDMENT #8, MAP #78; CONDITIONAL USE PERMIT #1, MAP #78; AGRICULTURAL PRESERVE #8 - EXCLUSION- (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.1 (Intensive Agriculture) to Map Code(s) (Solid Waste Disposal Facility Buffer) or a more restrictive map code designation; (b) A Modification of Conditional Use Permit to include buffer properties, and to increase the disposal capacity and lifespan of the Shafter-Wasco Sanitary Landfill by vertically expanding beyond the current permitted elevation in an A (Exclusive Agriculture) District; (c) Exclusion of approximately 407 acres from the boundaries of an Agricultural Preserve Scofield Avenue in the Shafter area - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM; APPROVE GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE MODIFICATION OF THE CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS; APPROVE EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #4) - Kern County Waste Management Department (PP07250) HEARING OPENED. THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION; THE HEARING CLOSED. A MOTION WAS MADE BY COMMISSIONER FLORES AND A SECOND BY COMMISSIONER BABCOCK RECOMMENDING THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM; APPROVE GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE MODIFICATION OF THE CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS; APPROVE EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. THE MOTION CARRIED. Be/Pe Res. # Res. # Res. # Res. # Res. # Res. # GENERAL PLAN AMENDMENT #5, MAP #144; ZONE CHANGE CASE #24, MAP #144; CONDITIONAL USE PERMIT #7, MAP #144; CONDITIONAL USE PERMIT #14, MAP #144; CONDITIONAL USE PERMIT #26, MAP #144; AGRICULTURAL PRESERVE #13 - EXCLUSION- (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.1 (Intensive Agriculture) and 8.3 (Extensive Agriculture) to Map Code(s) (Solid Waste Disposal Facility Buffer) or a more restrictive map code designation; and a circulation amendment for a portion of Sycamore Road, Habecker Road, and El Camino Drive; (b) A change in zone classification from A-1 (Limited Agriculture) to A (Exclusive Agriculture) or a more restrictive district; (c) Modification of Conditional Use Permit 7, Map 144 to include additional buffer properties to the landfill and to include recreational uses in the buffer areas, in an A (Exclusive Agriculture) District; (d) Rescind Conditional Use Permit 14, Map 144 for the abandoned Venvirotek facility; (e) Rescind Conditional Use Permit 26, Map 144 for a surface mine/borrow pit; (f) Exclusion of approximately acres from the boundaries of an Agricultural Preserve North Wheeler Ridge Road, approximately four miles west of the City of Arvin and four miles south of the unincorporated community of Lamont - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT; Summary of Proceedings (PC) - August 13, 2009 Page 5

6 ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM; APPROVE GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE ZONE CHANGE AS REQUESTED; APPROVE MODIFICATION OF CONDITIONAL USE PERMIT 7 AS REQUESTED SUBJECT TO CONDITIONS; REVOKE CONDITIONAL USE PERMITS 14 AND 26 AS REQUESTED; APPROVE EXCLUSION AS REQUESTED; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #5) - Kern County Waste Management Department (PP07221) HEARING OPENED. DOUG LANDON, WITH KERN COUNTY WASTE MANAGEMENT DEPARTMENT, STATED THEY CONCURRED WITH STAFF'S RECOMMENDATION. THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION; THE HEARING CLOSED. A MOTION WAS MADE BY COMMISSIONER BELLUOMINI AND A SECOND BY COMMISSIONER PEREZ TO RECOMMEND THE BOARD OF SUPERVISORS TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM; APPROVE GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE ZONE CHANGE AS REQUESTED; APPROVE MODIFICATION OF CONDITIONAL USE PERMIT 7 AS REQUESTED SUBJECT TO CONDITIONS; REVOKE CONDITIONAL USE PERMITS 14 AND 26 AS REQUESTED; APPROVE EXCLUSION AS REQUESTED; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. THE MOTION CARRIED. Res. # CONDITIONAL USE PERMIT #26, MAP #79 - A Conditional Use Permit to allow outdoor storage of hazardous chemicals as the main use at an existing office/warehouse facility (Section D.2) in a M-2 PD (Medium Industrial - Precise Development Combining) District Broken Court, north of Seventh Standard Road, in Western Rosedale area - STAFF RECOMMENDATION: ADOPT NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Negative Declaration (MMMP) - (SD #1) - MultiChem Group, LLC by B & L Anderson Consulting (PP09235) HEARING OPENED. JASON BRASSUX, THE APPLICANT, STATED THEY AGREED WITH STAFF'S RECOMMENDATION AND ASKED FOR APPROVAL OF THE PROJECT. THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION; THE HEARING CLOSED. A MOTION WAS MADE BY COMMISSIONER BELLUOMINI AND A SECOND BY COMMISSIONER FLORES ADOPTING NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVED IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. THE MOTION CARRIED. 9. GENERAL PLAN AMENDMENT #5, MAP #124-31; ZONE CHANGE CASE #26, MAP #124-31; PRECISE DEVELOPMENT PLAN #9, MAP # (a) Amend the Metropolitan Bakersfield General Plan from Map Code(s) LMR (Low Medium Density Residential - Less Than or Equal to 10 Dwelling Units/Net Acre) and SI (Service Industrial) to Map Code(s) GC (General Commercial) or a more restrictive map code designation; (b) A change in zone classification from M-1 (Light Industrial) Summary of Proceedings (PC) - August 13, 2009 Page 6

7 and R-1 (Low-density Residential) to C-2 PD (General Commercial - Precise Development Combining) or a more restrictive district; (c) A Precise Development Plan to allow for a ministorage facility in a C-2 PD (General Commercial - Precise Development Combining) District - West side of South Union Avenue, approximately 1/4 mile north of Panama Road, south of Bakersfield - STAFF RECOMMENDA- TION: CONTINUE TO SEPTEMBER 10, CEQA Guideline: Section 15061(b)(3) - (SD #5) - Storex, LLC (PP09266) HEARING OPENED. THIS CASE WAS CONTINUED TO SEPTEMBER 10, Res. # Res. # Ba/Be 4 Ayes 1 No/Be Res. # Res. # Res. # CA-10. GENERAL PLAN AMENDMENT #4, MAP #142-1; ZONE CHANGE CASE #14, MAP # (a) Amend the Land Use Element of the Metropolitan Bakersfield General Plan from Map Code(s) R-IA (Intensive Agriculture) to Map Code(s) LI (Light Industrial) or a more restrictive map code designation; (b) A change in zone classification from A (Exclusive Agriculture) to M-1 PD (Light Industrial - Precise Development Combining) or a more restrictive district Curnow Road, west of Highway 99 and east of Compagnoni Street, south Bakersfield - STAFF RECOM- MENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO APPROVE GENERAL PLAN AMENDMENT AND ZONE CHANGE AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Section 15061(b)(3) - (SD #2) - Kevin and Karen Tritch (PP09270) HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS APPROVE GENERAL PLAN AMENDMENT AND ZONE CHANGE AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. 11. SPECIFIC PLAN AMENDMENT #66, MAP #101; ZONE CHANGE CASE #160, MAP #101;AGRICULTURAL PRESERVE #9 - EXCLUSION- (a) Amend the Western Rosedale Specific Plan from Map Code(s) R-IA (Intensive Agriculture) to Map Code(s) LMR (Low Medium Density Residential - Less Than or Equal to 10 Dwelling Units/Net Acre) or a more restrictive map code designation; (b) A change in zone classification from A (Exclusive Agriculture) to DI (Drilling Island) and R-1 (Low-density Residential) or more restrictive districts; (c) Exclusion of approximately 76 acres from the boundaries of an Agricultural Preserve - Southwest corner of Reina Road and Santa Fe Way, Rosedale area - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM; ADOPT RESOLUTIONS APPROVING SPECIFIC PLAN AMENDMENT AS REQUESTED; APPROVING ZONE CHANGE TO BECOME EFFECTIVE UPON RECORDATION OF A FINAL MAP SUBDIVISION; APPROVING EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #4) - Jensen Design and Survey (PP06266) HEARING OPENED. ROBERT TALENTS, THE APPLICANT'S REPRESENTATIVE, THANKED STAFF FOR THE GREAT JOB ON THE ENVIRONMENTAL DOCUMENTS AND THE COMMISSION FOR THEIR TIME. THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION; THE HEARING CLOSED. THE COMMISSION ASKED BARRY NIENKE, WITH THE KERN COUNTY ROADS DEPARTMENT TO CLARIFY THE ROAD ISSUES PERTAINING TO THIS PROJECT. A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER BELLUOMINI, WITH COMMISSIONER BELLUOMINI Summary of Proceedings (PC) - August 13, 2009 Page 7

8 VOTING AGAINST STAFF'S RECOMMENDATION, RECOMMENDING THE BOARD OF SUPERVISORS CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM; ADOPT RESOLUTIONS APPROVING SPECIFIC PLAN AMENDMENT AS REQUESTED; APPROVING ZONE CHANGE TO BECOME EFFECTIVE UPON RECORDATION OF A FINAL MAP SUBDIVISION; APPROVING EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. THE MOTION CARRIED. REQUEST FOR MODIFICATION OF CONDITIONAL USE PERMIT: Res. # Res. # CA-12. CONDITIONAL USE PERMIT #1, MAP #28; CONDITIONAL USE PERMIT #5, MAP #29 - (a) and (b) Modification of conditional use permits to amend and delete conditions of approval related to backfilling and grading in addition to changes in the scope of mining operations including, but not limited to surface disturbance, minerals removed, and waste retained on site as authorized by these permits (Conditional Use Permit 1, Map 28; Resolution ; approved September 23, 1982, and Conditional Use Permit 5, Map 29; Resolution ; approved September 23, 1982) which allowed the expansion of an existing surface mining and reclamation plan in accordance with Surface Mining and Reclamation Act (SMARA) of 1975 (Section G) in an A (Exclusive Agriculture) District - Approximately six miles along both sides of Holloway Road, one mile north of State Highway 46, northwest of Lost Hills - STAFF RECOMMENDATION: APPROVE MODIFICATION OF THE CONDITIONAL USE PERMITS SUBJECT TO THE ORIGINAL CONDITIONS OF APPROVAL, WITH THE DELETION OF CONDITIONS (11) AND (16), THE AMENDMENT OF CONDITIONS (1), (2), (3), (4), (7), (12), (13), (14), (15), (20), (31), AND (32), AND THE ADDITION OF SIX CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Section (SD #4) - H.M. Holloway, Inc. by WZI, Inc. (PP09275) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, THE HEARING CLOSED; APPROVED MODIFICATION OF THE CONDITIONAL USE PERMITS SUBJECT TO THE ORIGINAL CONDITIONS OF APPROVAL, WITH THE DELETION OF CONDITIONS (11) AND (16), THE AMENDMENT OF CONDITIONS (1), (2), (3), (4), (7), (12), (13), (14), (15), (20), (31), AND (32), AND THE ADDITION OF SIX CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. REQUEST FOR ENFORCEMENT PROCEEDINGS: Ba/Pe 13. CONDITIONAL USE PERMIT #1, MAP #138 - To consider enforcement proceedings for this conditional use permit (Conditional Use Permit 1, Map 138; Resolution ; approved September 23, 1982) due to noncompliance with its associated conditions of approval (Section and Section ) which allowed a surface mining and reclamation plan in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975 (Section G) in a NR (10) (Natural Resource - 10 acres) District - Approximately 600 feet west of Elk Hills Road, one mile north of Highway 119, north of Taft - STAFF RECOMMENDATION: (1) TAKE ENFORCEMENT ACTIONS AS RECOMMENDED BY STAFF IN THIS REPORT BY: (A) IMPOSING A MINIMUM TEN-FOOT SETBACK FROM THE NORTH, EAST, AND WEST BOUNDARIES UNTIL A FINAL REVISED APPLICATION IS APPROVED BY YOUR COMMISSION; (B) ORDERING THE MINE OPERATOR TO BACKFILL THE 70-FOOT SETBACK FROM THE MIDSECTION LINE TO ORIGINAL GRADE; (C) ORDERING THE MINE OPERATOR TO PHYSICALLY DEMARCATE ALL SETBACKS; AND (D) IMPOSING A MAXIMUM OPERATIONAL Summary of Proceedings (PC) - August 13, 2009 Page 8

9 DEPTH OF 40 FEET UNTIL A FINAL REVISED PLAN IS APPROVED BY YOUR COMMISSION; AND (2) CONTINUE FURTHER ENFORCEMENT PROCEEDINGS UNTIL OCTOBER 22, CEQA Guideline: Section (SD #4) - Kern County Planning Department (Gilliam and Sons, Inc.) HEARING OPENED. WILLIAM KUHS, THE APPLICANT'S REPRESENTATIVE, SUBMITTED LETTERS THAT WERE RECEIVED AND FILED. MR. KUHS STATED CONCERNS WITH THE CONDITIONAL USE PERMIT RESOLUTION #264-82; APPROVED ON SEPTEMBER 23, 1982 AND THE FOLLOWING CONDITIONS OF APPROVAL (8), (9), (10), (11), AND (29) AND CONTESSTED THE ENFORCEMENT-RELATED RECOMMENDATIONS OF STAFF. HE FELT THAT HIS CLIENT WAS IN FULL COMPLIANCE EXCEPT FOR THE FINANCIAL ASSURANCE WHICH WAS INCOMPLETE AT THIS TIME. THE COMMISSION STATED THEY AGREED WITH STAFF'S RECOMMENDATION AND FELT THE APPLICANT SHOULD COMPLY. STAFF RECOMMENDED A CONTINUANCE OF ONE MONTH TO ALLOW THE APPLICANT AND STAFF TIME TO MEET AND DISCUSS ISSUES RAISED AT THIS HEARING THAT COULD RESULT IN A SETTLEMENT AGREEMENT. A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER PEREZ CONTINUING THIS CASE TO SEPTEMBER 24, THE MOTION CARRIED. G. COMMISSION MEMBER ANNOUNCEMENT OR REPORTS COMMISSIONER BABCOCK STATED THAT HE WOULD BE ABSENT AT THE SEPTEMBER 10, 2009, HEARING. MEETING ADJOURNED AT 9:17 p.m. Respectfully submitted, TED JAMES, Secretary KERN COUNTY PLANNING COMMISSION Attest: RON SPRAGUE, Chairman sc Summary of Proceedings (PC) - August 13, 2009 Page 9