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, September 10, :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 Fl/Pe APPROVAL OF MINUTES: August 27, UNANIMOUSLY APPROVED. PUBLIC HEARINGS: CONTINUED CASES: Ba/Fl 3 Ayes 2 Noes/ Res. # Res. # Res. # Res. # Res. # Res. # ZONE CHANGE CASE #12, MAP #137-10; PRECISE DEVELOPMENT PLAN #3, MAP # (a) A change in zone classification from C-1 (Neighborhood Commercial) to M-1 PD (Light Industrial - Precise Development Combining) or a more restrictive district for a 21,825-square-foot lot; (b) A Modification of a Precise Development Plan (Resolution ; approved December 9, 1991), which allowed a contractor's warehouse/office with outdoor storage to add a 21,825-square-foot outdoor storage area in a M-1 PD (Light Industrial - Precise Development Combining) District - Approximately 130 feet north of the northwest corner of Highway 33 and Baker Avenue in Derby Acres - STAFF RECOMMENDATION: CONTINUE TO SEPTEMBER 24, CEQA Guideline: Section 15061(b)(3) - (SD #4) - Tom and Evelyn Fowler by Engel and Company (Continued from 7/23/09) THIS CASE WAS CONTINUED TO SEPTEMBER 24, GENERAL PLAN AMENDMENT #1, MAP #218 and 218R; GENERAL PLAN AMENDMENT #7, MAP #219; GENERAL PLAN AMENDMENT #1, MAP #235 and 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 and 218R; ZONE CHANGE CASE #12, MAP #219; ZONE CHANGE CASE #2, MAP #235 and 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 - Excl; 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 -

2 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: RECOMMEND TO THE BOARD OF SUPERVISORS TO CERTIFY ENVIRONMENTAL IMPACT REPORT, ADOPT REVISED MITIGATION MEASURE MONITORING PROGRAM AND FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS; APPROVE THE RESCISSION OF THE NATCHA MESA, VISTA PEAK 1, VISTA PEAK 2 AND CASTAC, 4.3 (SPECIFIC PLAN REQUIRED) AREAS, APPROVE THE RESCISSION OF PORTIONS OF THE BEAR TRAP, OSO CANYON, AND LEBEC 4.3(SPECIFIC PLAN REQUIRED ) AREAS, APPROVE AMENDMENTS TO KERN COUNTY GENERAL PLAN APPENDIX C MATRICES AS RECOMMENDED BY STAFF, APPROVE GENERAL PLAN AMENDMENT TO 4.1 (ACCEPTED COUNTY PLAN - TEJON MOUNTAIN VILLAGE SPECIFIC PLAN AND COMMUNITY PLAN); APPROVE CIRCULATION AMENDMENT AS REQUESTED; ADOPT THE TEJON MOUNTAIN VILLAGE SPECIFIC PLAN AND COMMUNITY PLAN AS RECOMMENDED BY STAFF WITH THE PARCELS SUBJECT TO WILLIAMSON ACT CONTRACTS NONRENEWAL NOTICES NOT TO BECOME EFFECTIVE UNTIL THE CONTRACTS TERMINATE; APPROVE AMENDMENT TO ZONE MAPS AS REQUESTED AND APPROVE THE CREATION OF ZONE MAP 256; APPROVE THE ZONE CHANGE TO THE SP DISTRICT AS REQUESTED WITH THE PARCELS SUBJECT TO WILLIAMSON ACT CONTRACT NONRENEWAL NOTICES NOT TO BECOME EFFECTIVE UNTIL THE CONTRACTS TERMINATE; APPROVE EXCLUSION FROM AGRICULTURAL PRESERVES 4 AND 19, AS REQUESTED WITH THE PARCELS SUBJECT TO WILLIAMSON ACT CONTRACT NONRENEWAL NOTICES NOT TO BECOME EFFECTIVE UNTIL THE CONTRACTS TERMINATE; APPROVE SPECIAL PLAN 1, MAP 256 WITH CHANGES AS RECOMMENDED BY STAFF AND SUBJECT TO CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2 and 4) - Tejon Mountain Village, LLC (PP06201) (Continued from 8/13/09) JOSEPH DREW, THE APPLICANT, STATED THE PROPOSAL WOULD BE A QUALITY DEVELOPMENT THAT PROVIDED JOBS, INFRASTRUCTURE, AND REMAIN ENVIRONMENTALLY SENSITIVE TO THE SURROUNDING AREA, AS WELL AS MET ALL THE CEQA REQUIREMENTS. ROBERTA MARSHALL, THE APPLICANT, SUBMITTED A DOCUMENTS THAT WERE RECEIVED AND FILED. MS. MARSHALL THANKED STAFF FOR ALL THEIR HARD WORK IN THE PREPARATION OF THE ENVIRONMENTAL Summary of Proceedings (PC) - September 10, 2009 Page 2

3 DOCUMENTS AND STAFF REPORT. MS. MARSHALL GAVE A BRIEF PRESENTATION OF THE PROPOSED TEJON PROJECT. JOSPEH DREW, THE APPLICANT, ADDRESSED THE COMMISSION'S QUESTION REGARDING THE PROJECT'S WATER SUPPLY. DOUG PETERS, A LOCAL RESIDENT, STATED CONCERNS WITH CASTAC LAKE, FUTURE WATER SHORTAGE AND WATER QUALITY. ERIC ANDERSON, A LOCAL RESIDENT, STATED CONCERNS FOR THE PRESERVATION OF DARK SKY, THE PROJECT EFFECT ON SPRAWL, TRAFFIC, AND THE CONDORS. LIINDA MACKAY, WITH THE TRICOUNTY WATCHDOGS, STATED CONCERN WITH THE PROJECT'S EFFECT ON AIR QUALITY. DEE DOMINGAS, A LOCAL RESIDENT, STATED CONCERNS WITH THE PRESERVATION OF TRIBAL AREAS AND THE CONDORS AND THE PROJECT EFFECT ON THEIR HABITAT. MARY ANN LOCKHART, A LOCAL RESIDENT, STATED CONCERN WITH THE DEVELOPMENT PROPOSED IN A SEISMAC AREA AND ASKED THAT THE PROJECT BE DENIED. KEN FRY, A LOCAL CITIZEN, STATED CONCERN THAT CORPORATE AMERICA WOULD TAKE MORE LANDS THAT ARE PREDOMINATELY POPULATED BY NATIVE AMERICANS, AS WELL AS ENDANGER THE CONDORS AND OTHER SENSITIVE SPECIES HABITATS. JAN DE LEEUW, WITH THE TRICOUNTY WATCHDOGS, STATED CONCERN WITH INCREASED TRAFFIC AND THE EFFECT IT WOULD HAVE ON AIR QUALITY BY PRODUCING POLLUTION/SMOG AND CONTRIBUTE TO GLOBAL WARMING. TOM CRANS, A LOCAL RESIDENT, STATED CONCERN WITH THE PROJECT LOCATION BEING IN A SEISMAC AREA. KATHY KING, WITH THE PINE MOUNTAIN CLUB, STATED CONCERN WITH THE CONDORS AND THE CONSERVATION OF THEIR HABITAT AND FELT THE PROJECT REQUIRED MORE MITIGATION MEASURES. DENNIS FOX, A LOCAL RESIDENT, SUBMITTED A LETTER THAT WAS RECEIVED AND FILED. MR. FOX STATED CONCERN FOR THE SAVING OF THE LAND AND THE DIRECT DESTRUCTION OF HABITATS FOR ENDANGERED SPECIES. ADAMS KEATS, ATTORNY WITH THE CENTER FOR BIOLOGICAL DIVERSITY, STATED CONCERNS WITH THE CONDORS AND THEIR HABITAT CONSERVATION, THE EFFECT THE PROJECT WOULD HAVE ON WATER, TRAFFIC, AND AIR QUALITY, AND ASKED FOR DENIAL. ADAMS LAZARAS, WITH THE VENTURA COAST KEEPERS, STATED CONCERNS WITH WATER QUANTITY, CULTURAL RESOURCES, CASTAC LAKE, AND ASKED THAT THE PROJECT BE DENIED. PEGGY SPENCER, A LOCAL CITIZEN, STATED CONCERNS WITH THE PROJECT EFFECT ON AIR QUALITY, HEALTH-RELATED ISSUES, AND TRAFFIC AND ASKED FOR DENIAL OF THE PROJECT. LEE ZIMMERMAN, A LOCAL CITIZEN, STATED CONCERNS WITH THE PROJECT EFFECT ON HEALTH ISSUES, HABITAT CONSERVATION AND PROTECTION OF THE SPECIES, DAMAGE TO THE ENVIRONMENTAL, TRAFFIC IMPACTS, AND ASKED FOR DENIAL. JIM BALDWIN, DIRECTOR OF THE BOARD OF TRADES, STATED TEJON HAD DIVERSITIED FROM AGRICULTURE AND OIL PROPERTIES TO THE DEVELOPMENT OF RESIDENTIAL AND COMMERCIAL PROPERTIES AND FELT THE PROJECT WOULD BRING IN TOURISIM, INCREASE THE ECONOMY, AND PRESERVE OPEN SPACES AND ASKED FOR APPROVAL OF THE PROJECT. NICK CORTEZ, WITH THE CHAMBER OF COMMERCE, STATED SUPPORT FOR THE GROWTH AND DEVELOPMENT PROPOSED THAT WOULD PROVIDED LOCAL JOBS AND HELP STIMULATE OUR ECONOMY AND ASKED FOR APPROVAL. BARBARA HUGHES, A LOCAL RESIDENT, STATED SHE WAS IN SUPPORT OF THE PROJECT. KAREN JARVIS, A LOCAL RESIDENT, STATED WAS IN FAVOR OF THE DEVELOPMENT PROPOSAL AND ASKED FOR APPROVAL. RICHARD WELLES, A LOCAL RESIDENT/BUSINESS OWNER, STATED THE PROJECT WOULD PROVIDE HIGH QUALITY DEVELOPMENT AND BE GOOD FOR Summary of Proceedings (PC) - September 10, 2009 Page 3

4 THE NEIGHBORHOOD AND ASKED FOR APPROVAL. STACEY HAVNER, WITH THE MOUNTAIN CHAMBER OF COMMERCE, STATED THE PROJECT THAT WOULD ADD CHARM AND STIMULATE THE ECONOMY AND ASKED FOR SUPPORT. NINA UMANDAP, A LOCAL RESIDENT, THANKED TEJON FOR THE PROJECT PROPOSAL AND ASKED FOR APPROVAL. DAVE TURNER, A LOCAL BUSINESS OWNER, STATED THE PROJECT WOULD PROVIDE LOCAL JOBS AND BE GOOD FOR THE COMMUNITY AND ASKED FOR APPROVAL. CANDIS HUSKEY, A LOCAL RESIDENT, STATED THE PROJECT WOULD BE A BENEFIT TO THE COMMUNITY AND THE ECONOMY AND ASKED FOR APPROVAL. DAVE WADE, A LOCAL RESIDENT, STATED GROWTH IN THAT AREA WAS INEVITABLE AND FELT THE PROJECT WAS A WELL PLANNED DEVELOPMENT AND WAS IN FAVOR OF THE PROJECT. MARY MATIENZO, A LOCAL CITIZEN, STATED THAT THE PROJECT WOULD BE GOOD FOR THE ECONOMY AND WAS IN SUPPORT. DAVE BALDWIN, A LOCAL RESIDENT AND FARMER, FELT THE APPLICANT WERE GOOD STEWARDS OF THE LAND AND ASKED FOR SUPPORT OF THE PROJECT. RICHARD SHEFFIELD, A LOCAL BUSINESS OWNER, STATED TEJON USED WATER-WISE CONSERVATION LANDSCAPING AND FELT THIS PROJECT WOULD BE GOOD FOR THE COMMUNITY AND ASKED FOR APPROVAL. BOB ANDERSON, A LOCAL RESIDENT, STATED THIS DEVELOPMENT WOULD BE GREAT FOR THE COMMUNITY, AS WELL AS BENEFIT PROPERTY VALUES AND ASKED FOR APPROVAL OF THE PROJECT. MARK CUMMINGHAM, A LOCAL RESIDENT, STATED CONCERNS WITH THE DARK SKY, ROADWAY LIGHTING STANDARDS, AND LIGHTING IN CUL-DE-SAC, GOLF COURSES, ETC. ROBERTA MARSHALL, THE APPLICANT, THANKED STAFF, THE CITIZENS THAT SPOKE IN OPPOSITION AND IN FAVOR TONIGHT, AND ASKED THE COMMISSIONERS' FOR THEIR SUPPORT OF THE PROJECT. STAFF AMENDED MITIGATION MEASURE TO INCORPORATE LIGHTING STANDARDS AND DARK SKY REQUIREMENTS AS MENTIONED ABOVE. THE COMMISSION THANKED STAFF FOR THE COMPREHENSIVE ENVIRONMENTAL DOCUMENTS PROVIDED FOR THE PROJECT AND EACH IN TURN STATED THEIR SUPPORT OR DISAPPROVAL OF THE PROJECT. A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER FLORES TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF, WITH COMMISSIONER BELLUOMINI AND COMMISSIONER PEREZ VOTING TO DENY. WITH THE FINAL VOTE OF THREE AYES (BABCOCK, FLORES, AND SPRAGUE) AND TWO NOS (BELLUOMINI AND PEREZ) THE PLANNING COMMISSION RECOMMENDED THE BOARD OF SUPERVISORS CERTIFY ENVIRONMENTAL IMPACT REPORT, ADOPT REVISED MITIGATION MEASURE MONITORING PROGRAM AND REVISED FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS; APPROVE THE RESCISSION OF THE NATCHA MESA, VISTA PEAK 1, VISTA PEAK 2 AND CASTAC, 4.3 (SPECIFIC PLAN REQUIRED) AREAS, APPROVE THE RESCISSION OF PORTIONS OF THE BEAR TRAP, OSO CANYON, AND LEBEC 4.3(SPECIFIC PLAN REQUIRED ) AREAS, APPROVE AMENDMENTS TO KERN COUNTY GENERAL PLAN APPENDIX C MATRICES AS RECOMMENDED BY STAFF, APPROVE GENERAL PLAN AMENDMENT TO 4.1 (ACCEPTED COUNTY PLAN - TEJON MOUNTAIN VILLAGE SPECIFIC PLAN AND COMMUNITY PLAN); APPROVE CIRCULATION AMENDMENT AS REQUESTED; ADOPT THE TEJON MOUNTAIN VILLAGE SPECIFIC PLAN AND COMMUNITY PLAN AS RECOMMENDED BY STAFF WITH THE Summary of Proceedings (PC) - September 10, 2009 Page 4

5 PARCELS SUBJECT TO WILLIAMSON ACT CONTRACTS NONRENEWAL NOTICES NOT TO BECOME EFFECTIVE UNTIL THE CONTRACTS TERMINATE; APPROVE AMENDMENT TO ZONE MAPS AS REQUESTED AND APPROVE THE CREATION OF ZONE MAP 256; APPROVE THE ZONE CHANGE TO THE SP DISTRICT AS REQUESTED WITH THE PARCELS SUBJECT TO WILLIAMSON ACT CONTRACT NONRENEWAL NOTICES NOT TO BECOME EFFECTIVE UNTIL THE CONTRACTS TERMINATE; APPROVE EXCLUSION FROM AGRICULTURAL PRESERVES 4 AND 19, AS REQUESTED WITH THE PARCELS SUBJECT TO WILLIAMSON ACT CONTRACT NONRENEWAL NOTICES NOT TO BECOME EFFECTIVE UNTIL THE CONTRACTS TERMINATE; APPROVE SPECIAL PLAN 1, MAP 256 WITH CHANGES AS RECOMMENDED BY STAFF AND SUBJECT TO CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE ATTACHED REVISED RESOLUTIONS. 4 Ayes 1 No/Ba Res. # Res. # Res. # Res. # 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) 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 24, CEQA Guideline: Section 15061(b)(3) - (SD #5) - Storex, LLC (PP09266) (Continued from 8/13/09) THIS CASE WAS CONTINUED TO SEPTEMBER 24, CA-4. GENERAL PLAN AMENDMENT #7, MAP #140; ZONE CHANGE CASE #13, MAP #140; PRECISE DEVELOPMENT PLAN #8, 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) 7.1 (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; (c) A Precise Development Plan for five contractor storage yards in an M-1 PD (Light Industrial - Precise Development Combining) District; and (d) Exclusion of approximately 18 acres from the boundaries of an Agricultural Preserve - Southeast corner of Taft Highway (State Route 119) and Enos Lane (State Route 43), three miles southwest of Bakersfield - STAFF RECOMMENDATION: ADOPT THE NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE THE PRECISE DEVELOPMENT PLAN SUBJECT TO CONDITIONS; AND APPROVE THE EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Negative Declaration (MMMP) - (SD #4) - Schackman, Conrad and Scott, LLC by Bruce Anderson (PP07258) (Continued from 8/27/09) HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; COMMISSIONER BABCOCK ASKED FOR THIS CONSENT ITEM TO BE VOTED ON SEPARATELY STATING HIS OPPOSITION DUE TO THE LACK Summary of Proceedings (PC) - September 10, 2009 Page 5

6 NEW CASES: OF INFRASTRUCTURE TO THE SURROUNDING AREA AND FELT THE PROJECT WAS PREMATURE. A MOTION WAS MADE BY COMMISSIONER BELLUOMINI AND A SECOND BY COMMISSIONER PEREZ, WITH COMMISSIONER BABCOCK VOTING AGAINST STAFF'S RECOMMENDATION, RECOMMENDING THE BOARD OF SUPERVISORS ADOPT THE NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE THE PRECISE DEVELOPMENT PLAN SUBJECT TO CONDITIONS; AND APPROVE THE EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. Be/Fl Res. # CA-5. ZONE CHANGE CASE #115, MAP #230 - A change in zone classification from A-1 (Limited Agriculture) to CH (Highway Commercial) or a more restrictive district - Northwest corner of Avenue A and State Highway 14, Rosamond - STAFF RECOM- MENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO ADOPT NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE ZONE CHANGE WITH THE ADDITION OF THE H (AIRPORT APPROACH HEIGHT COMBINING) DISTRICT, PD (PRECISE DEVELOPMENT COM- BINING) DISTRICT, AND FPS (FLOODPLAIN SECONDARY COMBINING) DISTRICT, AS RECOMMENDED BY STAFF; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Negative Declaration - (SD #2) - Regal Development, LLC by Providence Residential Development Group, LLC (PP09208) 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 ADOPT NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE ZONE CHANGE WITH THE ADDITION OF THE PD (PRECISE DEVELOPMENT COMBINING) DISTRICT, H (AIRPORT APPROACH HEIGHT COMBINING) DISTRICT, AND FPS (FLOODPLAIN SECONDARY COMBINING) DISTRICT, AS RECOMMENDED BY STAFF; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. 6. CONDITIONAL USE PERMIT #62, MAP #142 - A Conditional Use Permit to allow an equestrian facility (Section C) in an A-1 MH (Limited Agriculture - Mobilehome Combining) District - East of Gosford Road, north of Shafter Road, southwest Bakersfield - STAFF RECOMMENDATION: CONTINUE TO SEPTEMBER 24, CEQA Guideline: Section 15061(b)(3) - (SD #2) - Orvel and Sherrie Watkins THIS CASE WAS CONTINUED TO SEPTEMBER 24, Be/Fl Res. # CA-7. CONDITIONAL USE PERMIT #42, MAP #143 - To allow a contract harvesting operation (Section (2)) in an A (Exclusive Agriculture) District Adobe Road, west of Arvin - 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) - Crown Harvesting by Delmarter and Deifel 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. Summary of Proceedings (PC) - September 10, 2009 Page 6

7 8. CONDITIONAL USE PERMIT #120, MAP #101 - A Conditional Use Permit to allow the development of a 9.79-acre park to include children's play area, water play area (cooling station), basketball facility with lights, two tennis courts with lights, offstreet parking, group picnic shelter, restrooms, family picnic pads, turf volleyball courts, and two turf play areas with small backstops (Section D) in an A (Exclusive Agriculture) [E (1/4) (Estate - 1/4 acre) in suspense] District. No sports field lighting is proposed for the turf play and field areas. Security lights will be placed throughout the park, generally following proposed walking paths. - Between Opus One Drive and Chateau Montelena Drive, east of Heath Road, Bakersfield - STAFF RECOMMENDATION: CONTINUE TO SEPTEMBER 24, CEQA Guideline: Negative Declaration (prepared by North of the River Recreation and Park District) (MMMP) - (SD #4) - North of the River Recreation and Park District THIS CASE WAS CONTINUED TO SEPTEMBER 24, MEETING ADJOURNED AT 10:25 p.m. Respectfully submitted, TED JAMES, Secretary KERN COUNTY PLANNING COMMISSION Attest: RON SPRAGUE, Chairman sc Summary of Proceedings (PC) - September 10, 2009 Page 7