Regular Meeting. 4 Present ROLL CALL: Commissioners: Babcock, Belluomini, Flores, Perez, Sprague 1 Ab/Sp

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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, November 13, :00 p.m. 4 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 APPROVAL OF MINUTES: October 23, UNANIMOUSLY APPROVED. PUBLIC HEARINGS: CONTINUED CASES: 1. ZONE CHANGE CASE #169, MAP #101; PRECISE DEVELOPMENT PLAN #17, MAP #101 - (a) A change in zone classification from A-1 (Limited Agriculture) to C- 1 PD (Neighborhood Commercial - Precise Development Combining) or a more restrictive district; (b) A Precise Development Plan for a 39,000-square-foot neighborhood-oriented shopping area in a C-1 PD (Neighborhood Commercial - Precise Development Combining) District - Northeast corner of Stockdale Highway and Nord Avenue, Western Rosedale - STAFF RECOMMENDATION: REFER BACK TO STAFF - CEQA Guideline: Negative Declaration (MMMP) - (SD #4) - Carla Andreatta by Carr and Associates (PP08219) (Continued from 7/24/08; 8/28/08) THIS CASE WAS REFERRED BACK TO STAFF. 2. CONDITIONAL USE PERMIT #1, MAP #138 - To consider enforcement proceedings for this conditional use permit (State Mine ID No ; Resolution ; approved September 23, 1982) due to noncompliance for this permit (Section ) which allowed a surface mining and reclamation plan in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975 (Section G) in an 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: CONTINUE TO JANUARY 22, CEQA Guideline: Section (SD #4) - Kern County Planning Department (Gilliam and Sons, Inc.) (Continued from 2/28/08; 3/27/08; 6/12/08; 8/14/08; 9/25/08) THIS CASE WAS CONTINUED TO JANUARY 22, GENERAL PLAN AMENDMENT #8, MAP #140; ZONE CHANGE CASE #14, MAP #140; AGRICULTURAL PRESERVE #10 - EXCLUSION- (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.3 (Extensive Agriculture) to Map Code(s) 6.3 (Highway Commercial) or a more restrictive map code designation; (b) A change in zone classi-

2 fication from A (Exclusive Agriculture) to M-1 PD (Light Industrial - Precise Development Combining) or a more restrictive district; (c) Exclusion of approximately 29 acres from the boundaries of an Agricultural Preserve - South side of Highway 119, approximately one mile west of Enos Lane, Bakersfield area - STAFF RECOMMENDATION: ADVISE THE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO ADOPT NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; DENY THE GENERAL PLAN AMENDMENT; DENY THE ZONE CHANGE; DENY EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Negative Declaration (MMMP) - (SD #4) - Kenneth Kerr by David Rickels Consulting (PP08230) (Continued from 8/28/08; 10/9/08) THIS CASE WAS REFERRED BACK TO STAFF. Fl/Be 4. GENERAL PLAN AMENDMENT #5, MAP #71-14; ZONE CHANGE CASE #19, MAP #71-14; CONDITIONAL USE PERMIT #5, MAP # (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 5.7 (Residential - Minimum 5 Gross Acres/Unit) to Map Code(s) 5.6 (Residential - Minimum 2.5 Gross Acres/Unit) or a more restrictive map code designation; (b) A change in zone classification from E (5) (Estate - 5 acres) to A-1 (Limited Agriculture) or a more restrictive district; (c) A Conditional Use Permit to allow for the establishment of a retail nursery (Section A.1) in an A-1 (Limited Agriculture) District - Lumill Street, south of East Far Vista Avenue, Ridgecrest area - STAFF RECOMMENDATION: ADVISE THE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO DENY THE GENERAL PLAN AMENDMENT AS REQUESTED; DENY THE ZONE CHANGE AS REQUESTED; DENY THE CONDITIONAL USE PERMIT AS REQUESTED; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Section (SD #1) - Gene and Kari Hunter (PP09204) (Continued from 10/9/08) HEARING OPENED. KARI HUNTER, THE APPLICANT, SUBMITTED A LETTER THAT WAS RECEIVED AND FILED. MRS. HUNTER STATED "BELLA ROSA NURSERY" WAS ESTABLISHED FIVE YEARS AGO AS A HOBBY-LIKE PROJECT THAT TURNED INTO A BUSINESS WITH THE FOCUS ON NATIVE DESERT PLANTS, ORGANIC AND ENVIRONMENTALLY FRIENDLY PEST CONTROL, AND WATER TOLERANT LANDSCAPING FOR THE AREA CUSTOMERS. MRS. HUNTER STATED THEY HAD IMPROVED AND GRADED THE ROAD THAT WAS ONCE AN OLD MOTORCYCLE/HORSE ROAD THAT WAS PUBLIC ACCESS, THEY DID NOT HAVE EMPLOYEES, IT IS A WORKFORCE OF ONE/HERSELF, AND THEY WERE WILLING TO DO WHATEVER IT TOOK TO GET THE PROJECT APPROVED. SHE FELT THE NEIGHBORS WERE NOT AGAINST THE NURSERY JUST THE PROGRESS OF THEIR TOWN. PUBLIC TESTIMONY WAS TAKEN FROM THE RIDGECREST TELECONFERENCE SITE, AS WELL AS FROM THE BOARD CHAMBERS. JOHN MANION, A LOCAL RESIDENT, STATED CONCERNS WITH THE PAVEMENT ON MONTE VISTA STREET AND SUMMITT STREET BEING NOT SUITABLE FOR TRAFFIC OF LARGE TRUCKS, DUST, THE AREA WAS ZONED RESIDENTIAL AND A BUSINESS WOULD IMPACT THE VALUE OF HIS PROPERTY, SPOIL THE VIEW, AND DISRUPT THE PEACE AND QUIET OF THE NEIGHBORHOOD. WARREN MAXWELL, WITH THE KERN COUNTY ROADS DEPARTMENT, POINTED OUT THE COUNTY- MAINTAINED ROADS VERSUS THE PUBLIC ACCESS ROADS ON THE PROJECT MAP FOR CLARIFICATION. MIKE MUMFORD, A LOCAL RESIDENT, STATED CONCERNS WITH HAVING A BUSINESS IN A RESIDENTIAL AREA CREATING SPOT ZONING, TRAFFIC, DUST, AND THE NUMBER OF WORKERS ON THE PROPERTY. LUCINDA SUE CROSBY, A LOCAL RESIDENT, STATED THE NURSERY Summary of Proceedings (PC) - November 13, 2008 Page 2

3 PROMOTED SUBTROPICAL AND NATIVE PLANTS THAT CONSERVED WATER AND WOULD BENEFIT THE COMMUNITY AND SHE WAS IN FAVOR OF THE PROJECT. MORGAN RAMIREZ, A LOCAL RESIDENT, THE APPLICANT OPERATES A ENVIRONMENTALLY FRIENDLY BUSINESS AND THE COMMUNITY NEEDS MORE SMALL BUSINESSES LIKE THEM. ROGER PECK, A LOCAL RESIDENT, STATED THE REGION IS UNDER DROUGHT AND THE PROJECT MAKES AVAILABLE PLANTS THAT ARE SUITED TO THE AREA AND THE CITY NEEDS TO SUPPORT THIS PROJECT. BONNIE MCCARTHY, A LOCAL RESIDENT AND FRIEND, STATED THE APPLICANT HAD PURCHASED THE PROPERTY UNDER THE PRETENSE THAT IT WAS ZONED CORRECTLY AND MS. HUNTER WAS WILLING TO WORK WITH THE COUNTY AND NEIGHBORS TO CORRECT THE MATTER AND FELT THE COMMUNITY SHOULD SUPPORT THE PROJECT. DEANNE KUPPINS, A LOCAL RESIDENT, STATED THERE WAS NO SPOT ZONING AND THAT THERE WAS PROPERTY IN THE SURROUNDING AREA THAT HAD HORSES AND FELT THE PROJECT WOULD BE GOOD FOR THE COMMUNITY. SUZANNE FORD, A LOCAL RESIDENT, STATED SHE HAD LIVED IN THE AREA FOR FOUR YEARS AND THERE HAD ALWAYS BEEN PROBLEMS WITH THE ROADS DUE TO EROSION CAUSED BY WEATHER AND NOT JUST TRAFFIC, AND THE APPLICANTS WERE GOOD BUSINIESS OWNERS WITH INTEGRITY. DARREL SILVERGERG, A LOCAL RESIDENT AND CUSTOMER, STATED HE HAS WORKED WITH THE APPLICANT AND FELT THEY HAD INTEGRITY. MIKE HODGSON, LOCAL RESIDENT, STATED HE FELT A NURSERY WAS AN ASSET TO THE COMMUNITY AND WOULD ADD TO PROPERTY VALUE, ALSO WHEN THE TREES MATURED WOULD MAKE THE AREA MORE BEAUTIFUL. REESE MURAL, LOCAL RESIDENT AND BUSINESS OWNER, STATED THE PROJECT WOULD BE GOOD FOR THE COMMUNITY AND ASKED THAT IT BE APPROVED. TIMOTHY WINGO, A LOCAL RESIDENT, STATED THE APPLICANT PROVIDED NATIVE PLANTS AND HAD A ENVIRONMENTAL-FRIENDLY WAY OF PEST CONTROL AND VALUED THE WORK THEY WERE DOING. PAT NALLEY, LOCAL RESIDENT, STATED HE LIVED ABOVE THE PROJECT SITE AND THAT IT WAS MAINTAINED VERY WELL AND FELT THE DUST WAS CAUSED BY MOTORCYCLES. JERRY SHULTZ, A LOCAL RESIDENT, STATED THE APPLICANT AND COUNTY SHOULD BE WILLING TO COMPROMISE SO THE PROJECT COULD MOVE FORWARD AND FELT IT WAS GOOD FOR THE AREA. JOANNE RINDT, A LOCAL RESIDENT, STATED THE LETTER SHE SENT IN WAS IN SUPPORT OF THE PROJECT. MARJORIE SHULTZ, A LOCAL RESIDENT, STATED SHE HAD THE APPLICANT INSTALL THEIR LANDSCAPING AND HER WATER BILL WAS HALF WHAT IT USE TO BE AND THE PROJECT WOULD BE GOOD FOR THE AREA. ASHLEY PARKINSON, LOCAL RESIDENT AND FRIEND, STATED THE APPLICANT LANDSCAPED THEIR YARD WITH DROUGHT-TOLERANT PLANTS WHICH SAVED GALLONS OF WATER EACH YEAR AND THAT WAS GOOD FOR THE COMMUNITY, TOO. DAVID HOWARD, A LOCAL RESIDENT, STATED THE COMMUNITY NEEDED THE NURSERY AND ASKED THAT THE PROJECT BE APPROVED. MARY SILVERBERG, A LOCAL RESIDENT, STATED SHE HAD KNOWN THE APPLICANT FOR 14 YEARS AND FELT SOMETHING NEEDED TO BE WORKED OUT SO THE PROJECT COULD GO THROUGH AND ASKED IT BE APPROVED. STAFF STATED THAT THE KERN COUNTY ZONING ORDINANCE WAS BEING UPDATED WITH A RECOMMENDED CHANGE TO THE E (ESTATE) DISTRICT THAT WOULD ALLOW A WHOLESALE NURSERY WITH A CONDITIONAL USE PERMIT. A WHOLESALE NURSERY IS DEFINED AS FOLLOWS: " WHERE THE MAJORITY OF PLANTS ARE GROWN ON SITE AND SOLD IN BULK FOR THE PURPOSE OF RETAIL RESALE OR THE Summary of Proceedings (PC) - November 13, 2008 Page 3

4 PURCHASE BY LANDSCAPE CONTRACTORS OR COMMERCIAL LANDSCAPING INSTALLERS." COMMISSIONER FLORES MADE A MOTION AND IT WAS SECONDED BY COMMISSIONER BELLUOMINI TO HAVE THE CASE CONTINUED TO ALLOW STAFF AND THE APPLICANT TIME TO WORK TOGETHER ON A SOLUTION FOR THE PROJECT. THE CASE WAS CONTINUED TO DECEMBER 11, THE MOTION CARRIED. 5. CANCELLATION # Cancellation of a 127-acre parcel of a Land Use Contract within Agricultural Preserve 10 - South side of Taft Highway, west of Old River Road, Bakersfield - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND TO THE BOARD OF SUPERVISORS TO DENY THE REQUESTED CANCELLATION OF THE WILLIAMSON ACT LAND USE CONTRACTS AND ADOPT THE FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #4) - The Montecito Companies Bakersfield-Taft, LLC by the Law Firm of Kronick, Moskovitz, Tiedemann, and Girard (PP08262) (Continued from 6/26/08; 7/24/08; 9/11/08; 10/9/08; 10/23/08) HEARING OPENED. KRISTIN HAGAN, THE APPLICANT'S REPRESENTATIVE, STATED THEY WOULD LIKE THE CASE TO BE HEARD BY A COMPLETE PANEL OF COMMISSIONERS AND WITH COMMISSIONER SPRAGUE ABSENT ASKED THAT THE CASE BE CONTINUED. STAFF STATED THE CASE HAD ALREADY BEEN CONTINUED SIX TIMES AND THAT IT COULD BE HEARD WITH THE PRESENT PANEL OF COMMISSIONERS OR THE CASE WOULD HAVE TO BE REFERRED BACK. MS. HAGEN, THE APPLICANT'S REPRESENTATIVE, ASKED THAT THE CASE BE REFERRED BACK TO STAFF. NEW CASES: A MOTION WAS MADE BY COMMISSIONER BELLUOMINI AND A SECOND BY COMMISSIONER FLORES TO REFER THE CASE BACK TO STAFF. THE MOTION CARRIED. Sp/Gr Res. # Res. # Res. # CONDITIONAL USE PERMIT #33, MAP #230 - To allow for a medium-volume transfer station, less than 100 tons per day, and a medical waste processing facility (Section H) in a M-3 (Heavy Industrial) District Sierra Highway, east of Patterson Road, south of Rosamond - STAFF RECOMMENDATION: REFER BACK TO STAFF - CEQA Guideline: Negative Declaration (MMMP) - (SD #2) - United Recycling Technology, Inc. by Aram Sarkissian (PP08232) THIS CASE WAS REFERRED BACK TO STAFF. 7. TRACT # Tentative Tract 6457; proposing to divide a acre parcel of record into 11 parcels ranging in size from 2.01 acres to 3.10 acres for residential use; two limited design variations - Northwest corner of Hamilton Road and Tehachapi- Willow Springs Road, Rosamond area - STAFF RECOMMENDATION: REFER BACK TO STAFF - CEQA Guideline: Section (SD #2) - Zhining Zhang and Huifang Yin by A.V. Design Group THIS CASE WAS REFERRED BACK TO STAFF. CA-8. ZONE CHANGE CASE #19, MAP #238-36; PRECISE DEVELOPMENT PLAN #8, MAP #238-36; ZONE VARIANCE #81, MAP # (a) A change in zone classification from CO (Commercial Office) and R-2 PD (Medium-density Residential - Precise Development Combining) to C-1 PD (Neighborhood Commercial - Precise Development Combining) or a more restrictive district; (b) A Precise Development Plan to construct a 2,933-square-foot restaurant in a C-1 PD (Neighborhood Commercial - Precise Development Combining) District; (c) A Zone Variance to allow for a Summary of Proceedings (PC) - November 13, 2008 Page 4

5 parking reduction to 19 spaces, where 29 spaces is required (Section D.10) in a C-1 PD (Neighborhood Commercial - Precise Development Combining) District Mount Pinos Way, northwest corner of Mount Pinos Way and Laguna Trail, Frazier Park - STAFF RECOMMENDATION: ADVISE THE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO APPROVE THE ZONE CHANGE TO INCLUDE THE GH (GEOLOGIC HAZARD COMBINING) DISTRICT; APPROVE THE PRECISE DEVELOPMENT PLAN SUBJECT TO CONDITIONS; APPROVE THE ZONE VARIANCE SUBJECT TO CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Section (SD #4) - Watson Brothers Construction, Inc. by Michael Watson HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS TO APPROVE THE ZONE CHANGE TO INCLUDE THE GH (GEOLOGIC HAZARD COMBINING) DISTRICT; APPROVE THE PRECISE DEVELOPMENT PLAN SUBJECT TO CONDITIONS; APPROVE THE ZONE VARIANCE SUBJECT TO CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. Fl/Be Fl/Be Res. # Res. # CA-9. CONDITIONAL USE PERMIT #27, MAP # To allow a liquid petroleum gas tank exceeding 2,000 gallons (Section D.2) in a M-2 PD (Medium Industrial - Precise Development Combining) District - North side of Landfill Road, Lebec - 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 RESOLU- TION - CEQA Guideline: Negative Declaration (MMMP) - (SD #4) - Titan Propane, LLC (PP08239) THIS CASE WAS CONTINUED TO DECEMBER 11, SPECIFIC PLAN AMENDMENT #8, MAP #237-34; ZONE CHANGE CASE #25, MAP # (a) Amend the Land Use Element of the Frazier Park/Lebec Specific Plan from Map Code(s) 7.2/2.1 (Service Industrial - Seismic Hazard) to Map Code(s) 5.5/2.1 (Residential - Maximum 1 Unit/Net Acre - Seismic Hazard) or a more restrictive map code designation; (b) A change in zone classification from M-2 PD (Medium Industrial - Precise Development Combining) to E (1) RS (Estate - 1 acre - Residential Suburban Combining) or a more restrictive district - North side of Hallmark Drive, 1/4 mile southwest of Landfill Road and Lebec Road, Lebec - STAFF RECOMMENDATION: CONTINUE TO DECEMBER 11, CEQA Guideline: Negative Declaration (MMMP) - (SD #4) - Doug Hallmark by Pinnacle Civil Engineering, Inc. (PP08270) THIS CASE WAS CONTINUED TO DECEMBER 11, CA-11. GENERAL PLAN AMENDMENT #1, MAP #42-22; ZONE CHANGE CASE #13, MAP # (a) Amend the Land Use Element of the Kern County General Plan from Map Code(s) 4.3 (Specific Plan Required) to Map Code(s) 5.6 (Residential - Minimum 2.5 Gross Acres/Unit) or a more restrictive map code designation; (b) A change in zone classification from A (Exclusive Agriculture) to E (2 1/2) (Estate - 2 1/2 acres) or a more restrictive district - South of Highway 178, near the intersection of Paul's Place Drive and Chapman Road, Weldon area - STAFF RECOMMENDA- TION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO ADOPT NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE GENERAL PLAN AMENDMENT FROM 4.3 (SPECIFIC PLAN REQUIRED) TO 5.6 (RESIDENTIAL - MINIMUM 2.5 GROSS ACRES/UNIT) AS REQUESTED; APPROVE THE ZONE CHANGE FROM A (EXCLUSIVE Summary of Proceedings (PC) - November 13, 2008 Page 5

6 AGRICULTURE) TO E (2 1/2) (ESTATE - 2 1/2 ACRES) AS REQUESTED; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Negative Declaration (MMMP) - (SD #1) - James T. McGeough by Nelms Surveying (PP08231) HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS ADOPT NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE GENERAL PLAN AMENDMENT FROM 4.3 (SPECIFIC PLAN REQUIRED) TO 5.6 (RESIDENTIAL - MINIMUM 2.5 GROSS ACRES/UNIT) AS REQUESTED; APPROVE THE ZONE CHANGE FROM A (EXCLUSIVE AGRICULTURE) TO E (2 1/2) (ESTATE - 2 1/2 ACRES) AS REQUESTED; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. Fl/Pe Res. # VESTING TRACT # Vesting Tentative Tract 7117; proposing to divide a 6.82-acre site into 26 lots ranging in size from 6,404 square feet (net) to 13,380 square feet (net) for condominium purposes; a development variation to the Land Division Ordinance to allow a 20-foot-wide alley, where a 30-foot-wide alley is required - East and west sides of McCray Street, between Skye Drive and Merle Haggard Drive, Oildale - STAFF RECOMMENDATION: APPROVE VESTING TENTATIVE TRACT MAP SUBJECT TO CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section (SD #1) - The Bascom Group by Pinnacle Civil Engineering, Inc. HEARING OPENED; TRENT MILLER, THE APPLICANT'S REPRESENTATIVE, STATED THEY AGREED WITH STAFF'S RECOMMENDATION. A MOTION WAS MADE BY COMMISSIONER FLORES AND A SECOND BY COMMISSIONER PEREZ TO ADOPT RESOLUTION APPROVING APPLICATION SUBJECT TO THE RECOMMENDED CONDITIONS. Res. # SPECIFIC PLAN AMENDMENT #10, MAP #101-24; ZONE CHANGE CASE #38, MAP #101-24;AGRICULTURAL PRESERVE #11 - EXCLUSION- (a) Amend the Land Use Element of the Western Rosedale Specific Plan from Map Code(s) UER (Urban Estate Residential) to Map Code(s) HMR (High Medium Density Residential - Less Than Dwelling Units/Net Acre) or a more restrictive map code designation; (b) A change in zone classification from E (1/2) RS PE (Estate - 1/2 acre - Residential Suburban Combining - Petroleum Extraction Combining) to R-2 PD (Medium-density Residential - Precise Development Combining) or a more restrictive district; (c) Exclusion of approximately 11 acres from the boundaries of an Agricultural Preserve - North side of Meacham Drive, 300 feet east of Allen Road, Rosedale area, Northwest Bakersfield - STAFF RECOMMENDATION: CONTINUE TO DECEMBER 11, CEQA Guideline: Negative Declaration (MMMP) - (SD #4) - Allen Road Land Development by Delmarter and Deifel (PP08267) THIS CASE WAS CONTINUED TO DECEMBER 11, ZONING ORDINANCE REVISIONS Revisions to the Kern County Zoning Ordinance Proposed text amendments include, but are not necessarily limited to, the following: (1) adding a definition of adult animal; (2) modifying regulations pertaining to residential accessory buildings; (3) modifying regulations pertaining to truck parking when accessory to a residence; (4) modifying small wind energy permitting requirements; (5) adding regulations pertaining to street vendors and food peddlers; (6) adding requirements pertaining to the site and operation of beverage container recycling collections centers; (7) modifying the A-1 (Limited Agriculture) District to allow cargo containers as a permitted use; (8) adding commercial agricultural uses to the list of conditionally permitted uses in the E (Estate) District; (9) modifying Countywide maximum height restrictions (Figure ); (10) Summary of Proceedings (PC) - November 13, 2008 Page 6

7 adding provisions for supportive and transitional housing; (11) modifying development standards applying to multifamily, commercial, and industrial uses; (12) modifying off-street parking and loading requirements; and (13) modifying the permitting requirements for large family day care homes. No changes in zoning district classification affecting public or private property are proposed. A complete copy of the recommended text changes is on file at the Kern County Planning Department and copies are available upon request. - Countywide - STAFF RECOM- MENDATION: ADVISE THE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE THE SUGGESTED CHANGES TO THE TEXT OF THE KERN COUNTY ZONING ORDINANCE AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section 15061(b)(3) - (SD #All Districts) - Kern County Planning Department HEARING OPENED. STAFF RECOMMENDED A CHANGE BE ADDED TO THE UPDATED KERN COUNTY ZONING ORDINANCE TO ALLOW A WHOLESALE NURSERY IN THE E (ESTATE) DISTRICT WITH A CONDITIONAL USE PERMIT. A MOTION WAS MADE BY COMMISSIONER BELLUOMINI AND A SECOND BY COMMISSIONER FLORES TO RECOMMENDED THE BOARD OF SUPERVISORS APPROVE THE SUGGESTED CHANGES TO THE TEXT OF THE KERN COUNTY ZONING ORDINANCE AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. THE MOTION CARRIED. H. MISCELLANEOUS: 15. Appointment of Nominating Committee - Planning Commission Officers for Calendar Year 2009 COMMISSIONER BABCOCK NOMINATED COMMISSIONER FLORES AND COMMISSIONER PEREZ TO CHAIR THE NOMINATING COMMITTEE. I. COMMISSION MEMBER ANNOUNCEMENT OR REPORTS STAFF RECOGNIZED THE FOLLOWING COUNTY DEPARTMENT REPRESENTATIVES: AL ANNAN WITH ENGINEERING AND SURVEY SERVICES, WARREN MAXWELL WITH ROADS, AND DONN FERGERSON WITH WASTE MANAGEMENT. MEETING ADJOURNED AT 9:19 p.m. Respectfully submitted, TED JAMES, Secretary KERN COUNTY PLANNING COMMISSION Attest: CHRIS A. BABCOCK, Chairman sc Summary of Proceedings (PC) - November 13, 2008 Page 7