Regular Meeting. 5 Present ROLL CALL: Commissioners: Babcock, Belluomini, Edwards, Martin, 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, April 12, :00 p.m. 5 Present ROLL CALL: Commissioners: Babcock, Belluomini, Edwards, Martin, Sprague Both Present Advisory Members: Bjorn, Chief Deputy County Counsel Oviatt, Director, Planning and Community Development Department NOTE: Ba, Be, Ed, Ma, and Sp are abbreviations for Commissioners Babcock, Belluomini, Edwards, Martin, 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/Sp APPROVAL OF MINUTES: March 22, UNANIMOUSLY APPROVED. PUBLIC HEARINGS: CONTINUED CASES: Ba/Be Res. # CONDITIONAL USE PERMIT #66, MAP #142 - To allow a 120-foot-tall monopine wireless telecommunications facility with associated equipment shelter (Section F) in an A (Exclusive Agriculture) District Taft Highway, Bakersfield - STAFF RECOMMENDATION: APPROVE CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION NOT TO BECOME EFFECTIVE UNTIL AND UNLESS PRIOR TO THE END OF THE WORK DAY ON MAY 2, 2012, THE PROPERTY OWNER(S) SIGNS AND FILES WITH THE KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AN INDEMNITY AGREEMENT APPROVED BY COUNTY COUNSEL - CEQA Guideline: Section (SD #2) - AT&T by Tricia Knight (PP12240) (Continued from 1/12/12, 1/26/12, 2/23/12) STAFF PRESENTATION GIVEN BY SCOTT F. DENNEY, AICP, PLANNING OPERATIONS DIVISION CHIEF. TRICIA KNIGHT, THE APPLICANT'S REPRESENTATIVE, THANKED STAFF AND THE COMMISSION FOR THEIR TIME AND STATED THEY AGREED WITH STAFF'S RECOMMENDATIONS. THERE BEING NO ONE WISHING TO BE

2 NEW CASES: HEARD IN OPPOSITION, HEARING CLOSED. COMMISSIONERS BABCOCK AND SPRAGUE BOTH VOICED CONCERNS WITH THE PROPOSED TOWER HEIGHT AND ASKED IF IT COULD BE SHORTER. COMMISSIONER EDWARDS VOICED CONCERN WITH AESTHETICS AND ASKED IF A CROSS CONFIGURATION COULD BE FEASIBLE. TRICIA KNIGHT, THE APPLICANT'S REPRESENTATIVE, GAVE A BRIEF PHOTO OVERVIEW OF THE SERVICE COVERAGE AREAS BASED ON VARIOUS TOWER HEIGHTS, AND ALSO EXPLAINED THAT MODERN ANTENNI ARRAY WOULD MAKE THE CROSS STRUCTURE TOO LARGE TO BE AESTHETICALLY FEASIBLE. COMMISSIONER BELLUOMINI COMMENTED THAT WITH THE AIRSTRIP NOLONGER BEING AN ISSUE HE COULD SUPPORT THE PROPOSAL. THE OTHER COMMISSIONERS VOICED THEIR SUPPORT AFTER SEEING THE PHOTO COVERAGE. A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER BELLUOMINI APPROVING THE CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION NOT TO BECOME EFFECTIVE UNTIL AND UNLESS PRIOR TO THE END OF THE WORK DAY ON MAY 2, 2012, THE PROPERTY OWNER(S) SIGNS AND FILES WITH THE KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AN INDEMNITY AGREEMENT APPROVED BY COUNTY COUNSEL. THE MOTION CARRIED. Res. #23-12 CA-2. ZONE CHANGE CASE #10, MAP #215 - A change in zone classification from PL RS FPS (Platted Lands - Residential Suburban Combining - Floodplain Secondary Combining) to A FP (Exclusive Agriculture - Floodplain Combining) on 23 acres within Section 25 of T10N, R14W, SBB&M - The project is located two miles west of the intersection of Backus Road and Tehachapi-Willow Springs Road in eastern Kern County - STAFF RECOMMENDATION: RECOMMEND THE BOARD OF SUPERVISORS ADOPT THE SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE ZONE CHANGE AS REQUESTED; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS; AND APPROVE THE MEMORANDUM OF UNDERSTANDING/AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN - CEQA Guideline: Previously certified Environmental Impact Report (MMMP) - (SD #2) - enxco Development Corporation (PP11250) HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RESOLUTION ADOPTED RECOMMENDING BOARD OF SUPERVISORS ADOPT THE SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE ZONE CHANGE AS REQUESTED; Summary of Proceedings (PC) - April 12, 2012 Page 2

3 ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS; AND APPROVED THE MEMORANDUM OF UNDERSTANDING/AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. Ed/Ba Res. # CONDITIONAL USE PERMIT #17, MAP # To allow a kennel with a maximum of 15 dogs (Section J) in a RF MH (Recreation-Forestry - Mobilehome Combining) District Wofford Boulevard, Wofford Heights, CA - STAFF RECOMMENDATION: APPROVE FOR A TEMPORARY THREE- YEAR PERIOD OF TIME IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section (SD #1) - Pam and Wally Stewart (PP12269) STAFF PRESENTATION GIVEN BY SCOTT F. DENNEY, AICP, PLANNING OPERATIONS DIVISION CHIEF. PAM STEWART AND WALLY STEWART, THE APPLICANTS, THANKED STAFF AND THE COMMISSION FOR THEIR TIME. MS. STEWART GAVE A BRIEF HISTORY AND STATED THEY AGREED WITH ALL THE CONDITIONS AND ASKED FOR AN APPROVAL. THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED. A MOTION WAS MADE BY COMMISSIONER EDWARDS AND A SECOND BY COMMISSIONER BABCOCK APPROVING CONDITIONAL USE PERMIT FOR A TEMPORARY THREE-YEAR PERIOD OF TIME IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. THE MOITION CARRIED. Ba/Sp 4. CONDITIONAL USE PERMIT #14, MAP # To allow a whitewater rafting launch site (Section C) in a RF (Recreation-Forestry) District for a temporary period of one rafting season (2012) Sierra Way, Kernville, CA - STAFF RECOMMENDATION: WITHDRAWN BY APPLICANT - CEQA Guideline: Section 15061(b)(3) - (SD #1) - Eagle Rafting, Inc. (PP12273) THIS CASE WAS WITHDRAWN. Res. #25-12 CA-5. CONDITIONAL USE PERMIT #12, MAP #29 - To allow the construction of a 3-megawatt solar facility on approximately 15 acres (Section G) in an A (Exclusive Agriculture) District - Located directly east of the California Aqueduct on the north side of GP Road, two miles west of Interstate 5 in Lost Hills - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION; ALL OF THESE APPROVALS NOT TO BECOME EFFECTIVE UNLESS PRIOR TO 5:00 P.M., AUGUST 1, 2012, THE MEMORANDUM OF UNDERSTANDING/ AGREEMENT, SUBJECT TO APPROVAL BY COUNTY COUNSEL, SIGNED AND SUBMITTED TO THE DIRECTOR OF THE KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT - CEQA Guideline: Section 15061(b)(3) - (SD #4) - Cenergy Power by McIntosh and Associates (PP12266) HEARING OPENED; THERE BEING NO ONE WISHING Summary of Proceedings (PC) - April 12, 2012 Page 3

4 Res. #26-12 CA-6. 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; ALL OF THESE APPROVALS NOT TO BECOME EFFECTIVE UNLESS PRIOR TO 5:00 P.M., AUGUST 1, 2012, THE MEMORANDUM OF UNDERSTANDING/ AGREEMENT, SUBJECT TO APPROVAL BY COUNTY COUNSEL, SIGNED AND SUBMITTED TO THE DIRECTOR OF THE KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT. CONDITIONAL USE PERMIT #69, MAP # To allow a 75-foot-tall wireless communications monopine tower (Section E) in an R-2 (Medium-density Residential) District Oswell Street at the northwest corner of Oswell Street and Niles Street - 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) - AT&T by Tricia Knight (PP12270) 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. Res. #27-12 Res. #28-12 CA-7. ZONE CHANGE CASE #47, MAP #102-12; MODIFICATION #14, MAP # (a) A change in zone classification from R-1 (Low-density Residential) to R-2 (Medium-density Residential) or a more restrictive district; (b) A Zone Modification to allow a side yard setback of four feet where five feet is the minimum (Section B), in a R-2 (Medium-density Residential) District Washington Avenue, Bakersfield - STAFF RECOMMENDATION: RECOMMEND THE BOARD OF SUPERVISORS APPROVE ZONE CHANGE TO R-2 (MEDIUM- DENSITY RESIDENTIAL) DISTRICT, AS REQUESTED; APPROVE ZONE MODIFICATION IN ACCORDANCE WITH THE RECOMMENDED CONDI- TIONS; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Section and Section 15061(b)(3) - (SD #3) - Thomas Clowers (PP12271) HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RESOLUTION ADOPTED RECOMMENDING BOARD OF SUPERVISORS APPROVE ZONE CHANGE TO R-2 (MEDIUM-DENSITY RESIDENTIAL) DISTRICT, AS REQUESTED; APPROVE ZONE MODIFICATION IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. Res. #29-12 CA-8. SPECIFIC PLAN AMENDMENT #6, MAP #158 - Amendment to the Santiago Road Specific Plan Line. - Southeast side of South Lake Road, approximately 2 miles north of Copus Road - STAFF RECOMMENDATION: RECOMMEND THE BOARD OF SUPERVISORS APPROVE THE SPECIFIC PLAN AMENDMENT OF THE SANTIAGO ROAD SPECIFIC PLAN LINE AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT Summary of Proceedings (PC) - April 12, 2012 Page 4

5 RESOLUTION - CEQA Guideline: Section 15061(b)(3) - (SD #4) - SKIC Development Company by Porter and Associates, Inc. (PP12272) HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RESOLUTION ADOPTED RECOMMENDING BOARD OF SUPERVISORS APPROVE THE SPECIFIC PLAN AMENDMENT OF THE SANTIAGO ROAD SPECIFIC PLAN LINE, AS REQUESTED; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. MEETING ADJOURNED AT 7:51 p.m. Respectfully submitted, LORELEI H. OVIATT, Secretary KERN COUNTY PLANNING COMMISSION Attest: BRANDON MARTIN, Chairman sc Summary of Proceedings (PC) - April 12, 2012 Page 5