Regular Meeting. Thursday, December 8, :00 p.m. 5 Present ROLL CALL: Commissioners: Babcock, Belluomini, Martin, Sprague, Perez

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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, December 8, :00 p.m. 5 Present ROLL CALL: Commissioners: Babcock, Belluomini, Martin, Sprague, Perez Both Present Advisory Members: Divelbiss, Chief Deputy County Counsel Oviatt, Director, Planning and Community Development Department NOTE: Ba, Be, Ma, Pe, and Sp are abbreviations for Commissioners Babcock, Belluomini, Martin, 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 Sp/Ba APPROVAL OF MINUTES: November 10, UNANIMOUSLY APPROVED. PUBLIC HEARINGS: WILLIAM NELSON, A LOCAL RESIDENT, SOLAR PHOTOVOLTAIC REALLY NEEDED AND ALSO, THANKED THE COMMISSION FOR SUPPORTING THE LOCAL COMMUNITY BY DENYING THE RE TEHACHAPI SOLAR PROJECT PROPOSED IN THE CUMMINGS VALLEY AREA. NEW CASES: Res. # Res. # CA-1. CA-2. LEGAL NONCONFORMING USE #1, MAP #230 - A request to allow the addition of 22 recreational vehicle spaces to an existing mobilehome park (Section ) in an A-1 (Limited Agriculture) District th Street West, Rosamond - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section (SD #2) - Antelope Valley Mobile Estates by Donald E. Ward HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; APPROVED IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. ZONE CHANGE CASE #35, MAP # A change in zone classification from R-2 (Medium-density Residential) to R-1 (Low-density Residential) or a more restrictive district - Southeast corner of 15th Street West and Edwards Avenue, Rosamond - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO APPROVE ZONE CHANGE AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section 15061(b)(3) - (SD #2) - JB Consulting Services HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE

2 BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS APPROVE ZONE CHANGE AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. Ma/Ba 3. ZONE CHANGE CASE #15, MAP #233; CONDITIONAL USE PERMIT #28, MAP #232; CONDITIONAL USE PERMIT #8, MAP #233 - (a) A change in zone classification from E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) and E (5) RS (Estate - 5 acres - Residential Suburban Combining) to A (Exclusive Agriculture) or a more restrictive district and from E (2 1/2) RS FPS (Estate - 2 1/2 acres - Residential Suburban Combining - Floodplain Secondary Combining) and E (5) RS FPS (Estate - 5 acres - Residential Suburban Combining - Floodplain Secondary Combining) to A FPS (Exclusive Agriculture - Floodplain Secondary Combining) or a more restrictive district; (b) and (c) Modification of Conditional Use Permits to allow for adjustment of project site boundaries for these permits (Resolution ; approved August 2, 2011) which allowed for the construction of a 650 megawatt solar photovoltaic (PV) power generation facility (Section G) in an A (Exclusive Agriculture) District - Generally located north of Avenue A, south of Holiday Avenue, east of 185th Street West, west of 150th Street West, approximately nine miles west of Rosamond - STAFF RECOMMENDATION: CONTINUE TO JANUARY 26, CEQA Guideline: Addendum to Environmental Impact Report (MMMP) - (SD #2) - Antelope Valley Solar by Renewable Resources Group Holding Company (PP10242) THIS CASE WAS CONTINUED TO JANUARY 26, CONDITIONAL USE PERMIT #14, MAP # To allow a public performing arts auditorium and museum (Section I) in an A-1 (Limited Agriculture) District Red Apple Way, north side of Red Apple Way, south of Century Oaks Avenue, Golden Hills - STAFF RECOMMENDATION: DISAPPROVE - CEQA Guideline: Negative Declaration (MMMP) - (SD #2) - Tehachapi Performing Arts Foundation by Leslie VoVilla (PP11277) STAFF PRESENTATION GIVEN BY SCOTT F. DENNEY, AICP, PLANNING OPERATIONS DIVISION CHIEF. LESLIE VOVILLA, THE APPLICANT'S REPRESENTATIVE, SUBMITTED A DOCUMENT THAT WAS RECEIVED AND FILED. MS. VOVILLA STATED THE PROPOSED REDESIGNED FACILITY WOULD PROVIDE A VENUE FOR LOCAL SCHOOLS AND HELP RAISE CHILDRENS' LEVEL OF EDUCATION; ALSO PROVIDE A CENTER FOR THE ARTS AND CULTURE, A MUSIC HALL, AND A MUSEUM, AS WELL AS, PROVIDE A POSITIVE ADDITION TO THE COMMUNITY AND ASKED FOR THE COMMISSIONS SUPPORT. WILL NELSON, A LOCAL RESIDENT, STATED HE CONCURRED WITH STAFF'S RECOMMENDATION AND ASKED FOR A DENIAL. MARILYN, A LOCAL RESIDENT, STATED THE PROPOSED REDESIGNED PROJECT HAD ADEQUATELY ADDRESSED CONCERNS REGARDING THE ROADS, PARKING, NOISE AND WAS IN SUPPORT OF THE PROJECT. MATT VOVILLA, WITH THE TEHACHAPI PERFORMING ARTS, STATED THE PROJECT HAD BEEN REDESIGNED AND IMPROVED TO ADDRESS THE ROAD INGRESS/EGRESS, THE WATER AND SEWER, AND FELT THE LOCATION WAS GOOD FOR THE PROJECT AND ASKED FOR AN APPROVAL. MIKE HOLMES, WITH PINNACLE ENGINEERING, STATED THE PROPOSED PROJECT HAD BEEN REDESIGNED WITH A WATER EFFICIENT LANDSCAPING SYSTEM AND ASKED FOR AN APPROVAL. PIERRE HARTMAN, A LOCAL RESIDENT, STATED HIS SUPPORT OF THE PROPOSED PROJECT AND FELT IT WOULD BE A BENEFIT TO THE WHOLE COMMUNITY. MYRA FLETCHER, A BOARD MEMBER WITH THE TEHACHAPI PERFORMING ARTS, STATED THE PROPOSED PROJECT Summary of Proceedings (PC) - December 8, 2011 Page 2

3 WOULD GENERATE FUNDS AND PROVIDE JOBS TO THE COMMUNITY AND ASKED FOR AN APPROVAL. GAIL PITCHER, A LOCAL RESIDENT, STATED THE PROPOSED PROJECT WOULD INCREASE PROPERTY VALUES, AS WELL AS, CONTRIBUTE TO THE COMMUNITY AND ASKED FOR AN APPROVAL. SHARON ELLSWORTH, WITH THE CALIFORNIA OLD TIMERS FIDDLERS ASSOCIATION, STATED THEIR SUPPORT OF THE PROJECT. BRANDON GUTHRIE, A LOCAL RESIDENT, STATED THE PROJECT WOULD ENRICH THE COMMUNITY AND PROVIDE JOBS, AND ASKED FOR AN APPROVAL. DOCTOR DOUG JOCENSON, A LOCAL RESIDENT, STATED HIS SUPPORT OF THE PROJECT. MARY GLIDE, A BORAD DIRECTOR WITH THE TEHACHAPI PERFORMING ARTS, STATED THE PROJECT WOULD BENEFIT THE COMMUNITY AND HELP TRAIN YOUNG PEOPLE, AND ASKED FOR AN APPROVAL. ALEXUS MELTON, A LOCAL REALTOR, STATED HER SUPPORT OF THE PROJECT. LESLIE VOVILLA, THE APPLICANT'S REPRESENTATIVE, STATED THE CONCERNS HAD BEEN ADDRESSED IN THE REDESIGN OF THE PROJECT AND AGAIN ASKED FOR AN APPROVAL. WARREN MAXWELL, WITH THE KERN COUNTY ROADS DEPARTMENT, STATED THE REDESIGNING OF THE ROAD INGRESS/EGRESS WOULD FACILITATE WITH TRAFFIC FLOW AND HAD NO FURTHER CONCERNS WITH THE PROJECT AS PRESENTED. COMMISSIONER BABCOCK FELT THIS WAS A GOOD PROJECT, BUT WAS PREMATURE. COMMISSIONER MARTIN HAD CONCERNS WITH NOT MAKING THE FINDINGS FOR THE WATER/SEWER ISSUE AND FELT THE PROJECT SHOULD WAIT FOR FUTURE INFRASTRUCTURE. COMMISSIONERS SPRAGUE AND BELLUOMINI CONCURRED WITH THEIR FELLOW COMMISSIONERS. STAFF STATED THEY HAD NOT BEEN MADE AWARE OF ANY REDESIGNS BY THE APPLICANT FOR THE PROPOSED PROJECT AND FELT THE NEGATIVE DECLARATION WAS INADEQUATE AS PRESENTED AND; THEREFORE, RECOMMENDED THE OPTION OF DISAPPROVAL OR REFER BACK TO STAFF FOR AN UPDATED NEGATIVE DECLARATION. MATT VOVILLA, WITH THE TEHACHAPI PERFORMING ARTS, STATED THEIR MAIN CONCERN WAS THE ADDITIONAL COST FOR THE DELAY. LESLIE VOVILLA, THE APPLICANT'S REPRESENTATIVE, AGREED WITH STAFF'S RECOMMENDATION, HOWEVER, HOPED FUTURE INFRASTRUCTURE WOULD BE FURTHER ALONG BY THE TIME THE PROJECT CAME BACK TO THE HEARING BODY. A MOTION WAS MADE BY COMMISSIONER MARTIN AND A SECOND BY COMMISSIONER BABCOCK TO REFER THIS CASE BACK TO STAFF. THE MOTION CARRIED. Res. # Res. # Res. # CONDITIONAL USE PERMIT #5, MAP #7; CONDITIONAL USE PERMIT #7, MAP #53; CONDITIONAL USE PERMIT #16, MAP #139; CONDITIONAL USE PERMIT #5, MAP #162 - Site 1: A Conditional Use Permit to allow for the construction and operation of a 20 MW solar electrical generating facility (298,800 solar panels) on 176 acres (Section G) in an A FP (Exclusive Agriculture - Floodplain Combining) District; Site 2: A Conditional Use Permit to allow for the construction and operation of a 15 MW solar generating facility (224,100 solar panels) on 158 acres (Section G) in an A (Exclusive Agriculture) District; Site 3: A Conditional Use Permit to allow for the construction and operation of a 7 MW solar electrical generating facility (104,580 panels) on 67 acres (Section G) in an A (Exclusive Agriculture) District; Site 4: A Conditional Use Permit to allow for the construction and operation of a 6 MW solar electrical generating facility (89,640 solar panels) on 40 acres (Section G) in an A (Exclusive Agriculture) District - Site 1 (Smyrna Solar) is located in the Summary of Proceedings (PC) - December 8, 2011 Page 3

4 northwest portion of Kern County, on the south side of Pond Road, north side of Peterson Road, east side of Bell Road, west of McFarland; Site 2 (Goose Lake Solar) is located in the northwest portion of Kern County at the northeast corner of Carmel Road and Corcoran Road, west of Wasco; Site 3 (Elk Hills Solar) is located in the western portion of Kern County on Highway 119 and Dustin Acres Road, northeast of Taft; Site 4 (San Bernard Solar) is located in the south-central portion of Kern County on the north side of David Road and to the east of Edison Road, southwest of Arvin - STAFF RECOMMENDATION: CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE CONDITIONAL USE PERMIT 5, MAP 7 (SITE 1), AS REVISED BY THE PROJECT APPLICANT; APPROVE CONDITIONAL USE PERMIT 7, MAP 53 (SITE 2), AS REQUESTED; APPROVE CONDITIONAL USE PERMIT 16, MAP 139 (SITE 3), AS REQUESTED; ALL SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2 and 4) - Valley Solar project by enxco Development Corporation (PP10236) STAFF PRESENTATION GIVEN BY JAYMIE L. BRAUER, PLANNER 3. JOSH LAZARUS, THE APPLICANT, THANKED STAFF FOR ALL THEIR HARD WORK BRINGING THE PROJECT FORWARD FOR THE COMMISSION TO CONSIDER. MR. LAZARUS GAVE A BRIEF POWERPOINT AND ASKED THE COMMISSION FOR THEIR SUPPORT. FRED SHAW, A LOCAL RESIDENT, STATED CONCERNS WITH THE PERIMETER FENCING AESTHICS, MAINLY WITH THE HEIGHT AND BEING TOPPED WITH BARBBED WIRE; THE LACK OF NOTIFICATION OF SURROUNDING PROPERTIES; AND ASKED FOR A DENIAL. WILL NELSON, A CONCERNED CITIZEN, STATED CONCERN WITH ALLOWING A COMMERCIAL USAGE IN A RURAL AREA AND ASKED FOR A DENIAL. JOHN SPALDING, WITH THE BUILDING TRADE COMMISSION, STATED THE PROPOSED PROJECT WOULD PROVIDE NEEDED JOBS, AND ASKED FOR AN APPROVAL. DAVE TEASDALE, WITH CLEAN AIR TRAINING CENTER, STATED THE PROJECT WOULD PROVIDE CLEAN ENERGY, AS WELL AS, NEEDED JOBS AND ASKED FOR AN APPROVAL. RON JAMES, A DISTRICT REPRESENTATIVE FOR OPERATORS, STATED THE COUNTY NEEDED WORK AND THIS PROPOSED PROJECT WOULD HELP FILL THAT NEED BY PROVIDING JOBS. JOSH LAZARUS, THE APPLICANT, STATED THE HEIGHT OF BARBBED WIRE PERIMETER FENCING WAS NEEDED AS A SAFETY FACTOR TO PROTECT THE PUBLIC, AS WELL AS THE PROPERTY. COMMISSIONER SPRAGUE FELT A COMPROMISE COULD BE REACHED REGARDING THE FENCING HEIGHT ALONG WITH THE BARBBED WIRE, AND SUPPORTED STAFF'S RECOMMENDATION. COMMISSIONER BABCOCK FELT THE APPLICANT HAD A REASONABLE CAUSE FOR CONCERN FOR SAFETY OF THE PROPERTY AND THE PUBLIC BY HAVING A PERIMETER FENCE, AND SUPPORTED STAFF'S RECOMMENDATION. COMMISSIONER PEREZ FELT THE PROPOSED PROJECT WOULD BE GOOD FOR THE COMMUNITY AND THE FENCING ISSUE COULD BE WORKED OUT. COMMISSIONER MARTIN CONCURRED WITH COMMISSIONER BABCOCK. COMMISSIONER BELLUOMINI APPLAUDED THE APPLICANT'S RECOGNITION FOR PROPER AGRICULTURAL LAND CONVERSION; HOWEVER, CONCURRED WITH THE APPLICANT, SAYING THERE WAS NO WAY TO SECURE A VIEWSHED AND, THEREFORE, SUPPORTED STAFF'S RECOMMENDATION. Summary of Proceedings (PC) - December 8, 2011 Page 4

5 Res. # CA-6. A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER SPRAGUE; CERTIFIED THE ENVIRONMENTAL IMPACT REPORT; ADOPTED REVISED SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTED THE REVISED MITIGATION MEASURE MONITORING PROGRAM; APPROVED CONDITIONAL USE PERMIT 5, MAP 7 (SITE 1), AS REVISED BY THE PROJECT APPLICANT; APPROVED CONDITIONAL USE PERMIT 7, MAP 53 (SITE 2), AS REQUESTED; APPROVED CONDITIONAL USE PERMIT 16, MAP 139 (SITE 3), AS REQUESTED; ALL SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. THE MOTION CARRIED. CONDITIONAL USE PERMIT #15, MAP #98 - To allow a wireless communications tower (Section F) in an A (Exclusive Agriculture) District Highway 58, Buttonwillow - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section (SD #4) - Anthem Telecom by Jerry Ambrose (PP11326) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; APPROVED IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. 7. CANCELLATION #11-10 MAP #98 - Cancellation of an approximate acre portion of a Farmland Security Zone Contract within Agricultural Preserve 9 - South of Highway 58, between Buttonwillow Drive and Mirasol Avenue, Buttonwillow - STAFF RECOMMENDATION: CONTINUE TO JANUARY 12, CEQA Guideline: Section 15061(b)(3) - (SD #4) - Donald and Donna Toretta by Delmarter and Associates (PP12233) THIS CASE WAS CONTINUED TO JANUARY 12, Res. # Res. #190-1 CA-8. CA-9. CONDITIONAL USE PERMIT #66, MAP #124 - To allow an 80-foot-tall monopine communications tower (Section G) in an E (20) RS (Estate - 20 acres - Residential Suburban Combining) District Cottonwood Road, Bakersfield - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section (SD #5) - AT&T by Tricia Knight (PP12236) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; APPROVED IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. CONDITIONAL USE PERMIT #13, MAP #104 - To allow a landscape contractor's yard (Section D) in an A-1 (Limited Agriculture) District Vineland Road, Bakersfield - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section (SD #3) - Rodulfo Zuniga by Susan R. Marvin (PP11309) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; APPROVED IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. Summary of Proceedings (PC) - December 8, 2011 Page 5

6 REQUEST FOR MODIFICATION OF CONDITIONAL USE PERMIT: All Ayes Pe/Ba All Ayes 10. CONDITIONAL USE PERMIT #15, MAP #165-25; ZONE VARIANCE #5, MAP # (a) A Modification of a Conditional Use Permit to allow installation of four commercial coaches as accessory structures for use as offices, meeting halls, and classrooms (Section L) for this permit (Resolution 12-98; approved February 12, 1998) which allowed development of a church (Section J) in an E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) District; (b) A Zone Variance to allow 25 parking spaces where 87 spaces are required (Section G.8), in an E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) District Backes Lane, Tehachapi - STAFF RECOMMENDATION: REFER BACK TO STAFF - CEQA Guideline: Negative Declaration (MMMP) - (SD #2) - Central Valley United Methodist Church (PP12224) THIS CASE WAS REFERRED BACK TO STAFF. 11. Presentation of a Resolution to Bruce Divelbiss for his services as Deputy County Counsel to the Planning Commission - RECOMMENDATION: APPROVE RESOLUTION, AUTHORIZE CHARIMAN TO SIGN G. REPORT OF NOMINATING COMMITTEE: Report of nominating committee for Planning Commission Officers for Calendar Year THE SLATE OF OFFICERS NOMINATED FOR THE ENSUING YEAR WAS PRESENTED AS FOLLOWS: CHAIRMAN VICE CHAIRMAN BRANDON MARTIN RON SPRAGUE THE COMMISSION CAST A BALLOT WITH FIVE IN FAVOR AND ZERO AGAINST FOR THE SLATE, AS PRESENTED. MEETING ADJOURNED AT 9:49 p.m. Respectfully submitted, LORELEI H. OVIATT, Secretary KERN COUNTY PLANNING COMMISSION Attest: BRANDON MARTIN, Chairman sc Summary of Proceedings (PC) - December 8, 2011 Page 6

Regular Meeting. 5 Present ROLL CALL: Commissioners: Babcock, Belluomini, Edwards, Martin, Sprague

Regular Meeting. 5 Present ROLL CALL: Commissioners: Babcock, Belluomini, Edwards, Martin, Sprague 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