Regular Meeting. Thursday, July 26, :00 p.m. 5 Present ROLL CALL: Commissioners: Babcock, Belluomini, Pitts, Sprague, Wayne

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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, July 26, :00 p.m. 5 Present ROLL CALL: Commissioners: Babcock, Belluomini, Pitts, Sprague, Wayne Both Present Advisory Members: Divelbiss, Chief Deputy County Counsel James, Director, Planning Department NOTE: Ba, Be, Pi, Sp, and Wa are abbreviations for Commissioners Babcock, Belluomini, Pitts, Sprague, and Wayne, respectively. For example, Ba/Pi denotes Commissioner Babcock made the motion and Commissioner Pitts seconded it. The abbreviation "Ab" means absent and "Abd" abstained. CA-CONSENT AGENDA: Items Approved by Roll Call Vote on One Motion Ba/Wa APPROVAL OF MINUTES: July 12, UNANIMOUSLY APPROVED. PUBLIC PRESENTATIONS: CAROL BENDER READ INTO THE RECORD A LETTER, WHICH WAS RECEIVED AND FILED, IN WHICH IT ADDRESSED ISSUES OF TRAFFIC, ROAD IMPROVEMENT, PEDESTRIAN ACCESS, BIKE PATHS, AND SCHOOLS FOR THE ROSEDALE AREA. IT STATED THE PLANNING COMMISSION HAD A DUTY TO STOP ZONE CHANGES, TO CLOSELY EXAMINE CONDITIONAL USE PERMITS, AND SPECIFIC PLANS UNTIL THE PROPER INFRASTRUCTURE WAS IN PLACE. PUBLIC HEARINGS: CONTINUED CASES: Pi/Ba 4 Ayes 1 Abd/Ba 1. CONDITIONAL USE PERMIT #18, MAP # To allow a concrete batch plant for a time period not to exceed five years (Section C.2) in an M-1 (Light Industrial) District - East side of South Street, north of Schout Road, Tehachapi - STAFF RECOMMENDATION: APPROVE WITH CONDITIONS - CEQA Guideline: Section 15061(b)(3) - (SD #2) - Tehachapi Valley Ready Mix by John Metzler (Continued from 7/12/07) HEARING OPENED; STAFF RECOMMENDED AN ENVIRONMENTAL DOCUMENT BE PREPARED TO ADDRESS PUBLIC COMMENTS. THE APPLICANT STATED CONCERNS REGARDING THE SECOND POSTPONEMENT OF HIS HEARING AND FINDING OUT ABOUT IT AT THE LAST MINUTE. HE DOES NOT HAVE THE LUXUARY OF WAITING A COUPLE OF MONTHS. HE MORTAGED HIS HOME FOR MONIES TO TAKE ON THIS PROJECT AND IT'S COSTING HIM TENS OF THOUSANDS IN EXPENSES EVERY MONTH. HE HAS COMPLIED WITH ALL THE COUNTY'S DEMANDS AND IS HEADS ABOVE THE COMPETITION. HIS PLANT IS A

2 MORE UP TO DATE FACILITY THAN THE TRADITIONAL BATCH PLANTS IN THE AREA. HE IS BRING SOMETHING NEW AND DIFFERENT TO THE COMMUNITY AND TRYING TO DO SOMETHING GOOD. THE COUNTY HAS HAD FIVE MONTHS, HOW LONG IS ENOUGH TIME TO DECIDE ON A PROJECT. THE PUBLIC COMMENTS RAISED ARE ONE INDIVIDUAL'S VENDETA AGAINST THIS PROJECT AND BY DELAYING IT GIVES THEM OPPORTUNITY TO PRESENT MORE OPPOSITION. THERE WAS A MOTION BY COMMISSIONER PITTS AND SECONDED BY COMMISSION BABCOCK TO REFER THIS CASE BACK TO STAFF. THE MOTION CARRIED. Modification of Conditional Use Permit: Sp/Pi Res. # CONDITIONAL USE PERMIT #9, MAP # A Modification of a Conditional Use Permit (Section ) to allow commercial coach buildings in lieu of conventionally built structures for this permit (Approved January 11, 2007; Resolution 10-07) which allowed a church (Section I) in an E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) District Wible Road, Bakersfield - STAFF RECOMMENDATION: APPROVE WITH CONDITIONS - CEQA Guideline: Negative Declaration (MMMP) - (SD #2) - EWAI, Inc. by Steve Kim (Continued from 6/28/07) HEARING OPENED; STEVE KIM, THE REPRESENTATIVE FOR THE APPLICANT, STATED THE TEMPORARY LOCATION WAS IDEAL. THEY HAVE DEALT WITH THE EXIT AND NOISE ISSUES AND AS SOON AS SEWER COMES AVAILABLE, THEY WILL HOOK UP TO IT. THEY HAVE NO PLANS FOR USING THE TEMPORARY COACHES FOR SCHOOL NOW OR IN THE FUTURE. NEW CASES: THERE WAS A MOTION BY COMMISSIONER SPRAGUE AND A SECOND BY COMMISSIONER PITTS TO APPROVE THE APPLICATION. THE MOTION CARRIED. Enforcement Proceedings: 3. CONDITIONAL USE PERMIT #1, MAP #115 - To consider enforcement proceedings for this Conditional Use Permit (Resolution ; approved June 24, Sully-Miller Contracting Company - State Mine ID ) due to noncompliance for this permit (Section ), which allowed a surface mining and reclamation plan, with associated batch plant, in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975 (Section G) in an NR (20) (Natural Resource - 20 acres) District - South of Garlock Road, north of the Southern Pacific Railroad and west of Goler Road, northwest of Randsburg - STAFF RECOMMENDATION: REFER BACK TO STAFF - CEQA Guideline: Section (SD #1) - Kern County Planning Department (Sully-Miller Contracting Company) HEARING OPENED, THIS CASE WAS REFERRED BACK TO STAFF. Summary of Proceedings (PC) - July 26, 2007 Page 2

3 Sp/Pi Res. # ZONE CHANGE CASE #14, MAP # A change in zone classification from E (10) RS (Estate - 10 acres - Residential Suburban Combining) to E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) or a more restrictive district - Northeast corner of Gateway Boulevard and Dolphin Avenue, Ridgecrest area - STAFF RECOMMENDATION: RECOMMEND BOARD OF SUPERVISORS TO APPROVE - CEQA Guideline: Section (SD #1) - TRG Development Group by Cornerstone Engineering, Inc. HEARING OPENED; GERALD WITTEN, THE REPRESENTATIVE FOR THE APPLICANT, STATED THEIR APPRECIATION FOR STAFF'S HARD WORK ON THIS PROJECT. THERE WERE QUESTIONS REGARDING TRAFFIC, WATER, NOT CHANGING THE DESIGNATION FOR GATEWAY BOULEVARD, AND THESE ISSUES WILL BE ADDRESSED AT THE TRACT MAP STAGE OF THE PROJECT. THEY AGREED WITH THE TEN-ACRE ZONING FITTING THE EXISTING AREA. THERE WAS A MOTION BY COMMISSIONER SPRAGUE AND A SECOND BY COMMISSIONER PITTS TO APPROVE THE APPLICATION. THE MOTION CARRIED. 5. CONDITIONAL USE PERMIT #19, MAP # To allow an 81-unit apartment complex (Section A) in a C-2 PD (General Commercial - Precise Development Combining) District - Northwest corner of Rosamond Boulevard and United Street, Rosamond - STAFF RECOMMENDATION: CONTINUE TO AUGUST 23, CEQA Guideline: Section (SD #2) - Lynx Realty and Management HEARING OPENED, THIS CASE WAS CONTINUED TO AUGUST 23, Res. # CA-6. CONDITIONAL USE PERMIT #10, MAP #27 - To allow installation of a cellular communication facility (Section F) in an A-1 (Limited Agriculture) District - East side of Highway 33, north of Highway 46 south of Twisselman Road, Lost Hills area - STAFF RECOMMENDATION: APPROVE WITH CONDITIONS - CEQA Guideline: Section (SD #4) - Verizon Wireless by Ridge Communications, Inc. HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RESOLUTION ADOPTED APPROVING APPLICATION SUBJECT TO THE RECOMMENDED CONDITIONS. Ba/Sp Res. # ZONE CHANGE CASE #35, MAP #164 - A change in zone classification from E (20) RS (Estate - 20 acres - Residential Suburban Combining) to E (10) RS (Estate - 10 acres - Residential Suburban Combining) or a more restrictive district - North and south sides of Mountain Way, approximately 600 feet west of San Juan Drive, Bear Valley Springs - STAFF RECOMMENDATION: RECOMMEND BOARD OF SUPERVISORS TO APPROVE - CEQA Guideline: Negative Declaration (MMMP) - (SD #2) - Manuel de la Cerra (PP06282) HEARING OPENED; MANUEL DE LA CERRA THANKED THE STAFF FOR THEIR HARD WORK. HE EXPLAINED THIS PROJECT IS SIMPLY TO DIVIDE FOUR PARCELS INTO EIGHT, HAVE A 100-FOOT-WIDE DRAINAGE EASEMENT, AND A 100-FOOT- WIDE BUFFER. SHARON BANK, A RESIDENT STATED CONCERNS ABOUT MORE HOUSES AFFECTING THE GROUNDWATER, SEPTIC SYSTEM, AND NONPROCESSED WASTE FLOWING INTO THE WETLANDS. SHE SAID SMARTGRO PROPOSED DEVELOPMENT ONLY IF ON A SEWER SYSTEM. Summary of Proceedings (PC) - July 26, 2007 Page 3

4 Res. # CA-8. JOHN BANKS, A RESIDENT, STATED CONCERNS ABOUT WHERE THE WATER WOULD FLOW DURING RAINY SEASON. IT RUNS ALONG THE BACK OF THE PROPERTIES AND DOWN THE ROADS, CREATING A WATER STORAGE "SURPRISE LAKE," WHERE WILL THE PROPOSED ACCESS TRAIL FOR EQUESTRIAN BE WHEN THE AREA IS UNDER WATER FIVE MONTHS OUT OF THE YEAR, THERE IS A SAFETY FACTOR HERE AS WELL. THEY SAY THERE IS NO ENVIRONMENTAL IMPACT, BUT THAT IS INCORRECT. HE IS IN FAVOR OF 20-ACRE LOTS. FLO BROCK, A RESIDENT ON CUMBERLAND ROAD, SPLIT OFF TEN ACRES FROM HER ORIGINAL 20 ACRES YEARS BEFORE THE ASSOCIATION WAS ESTABLISHED. SHE IS IN FAVOR OF BEING ALLOWED THE OPTION OF DIVIDING PARCELS. TIM CALHOUN, A BUILDER IN THE AREA, IS IN FAVOR AND FEELS IT IS CONSISTENT WITH THE BEAR VALLEY SPRINGS SPECIFIC PLAN. DAWN WRIGHT STATED THAT SOME TRAILS WERE NOT AVAILABLE, BUT THE APPLICANT HAS PROPOSED PROVIDING A PERMANENT EQUESTRIAN TRAIL MADE AVAILABLE TO THE RESIDENTS. KAREN DEVALE, A RESIDENT, IS IN FAVOR OF A PERMANENT EQUESTRIAN TRAIL, BUT STATED CONCERNS REGARDING THE WIDTH OF THE TRAIL. IT NEEDS TO BE A MINIMUM OF 20 FEET IN WIDTH TO ACCOMMODATE CARRAIGES. MANUEL DE LA CERRA THANKED THE PEOPLE WHO SPOKE. HE WILL CONSULT WITH THE VARIOUS EQUESTRIAN GROUPS IN THE AREA AND DETERMINE THE PROPER WIDTH FOR THE TRAIL. BEAR VALLEY SPRINGS SPECIFIC PLAN HAS APPROVED E (10) (ESTATE - 10 ACRES) AND E (20) (ESTATE - 20 ACRES) ZONING IN THE AREA, AND THE SURROUNDING AREA IS ZONED E (1) (ESTATE - 1 ACRE) AND IS ON A SEPTIC SYSTEM. THIS PROJECT IS CONSISTENT WITH EXISTING ZONING. THERE WAS A MOTION BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER SPRAGUE TO RECOMMEND TO THE BOARD OF SUPERVISORS TO APPROVE THE APPLICATION. THE MOTION CARRIED. GENERAL PLAN AMENDMENT #6, MAP #121 - Amend the Circulation Element of the Kern County General Plan to eliminate the section line reservation for an arterial roadway on the east side of Section 32, west side of Section 33, T30S, R25E, MDB&M Tupman Road, north side of Highway 119, east of Tupman - STAFF RECOMMENDATION: RECOMMEND BOARD OF SUPERVISORS TO APPROVE - CEQA Guideline: Section 15061(b)(3) - (SD #4) - Inergy Services Company 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 TO APPROVE THE APPLICATION. Res. # Res. # Res. # CA-9. GENERAL PLAN AMENDMENT #5, MAP #103-21; ZONE CHANGE CASE #56, MAP #103-21; CONDITIONAL USE PERMIT #92, MAP # (a) Amend the Metropolitan Bakersfield General Plan from Map Code(s) HMR (High Medium Density Residential - Less Than Dwelling Units/Net Acre) to Map Code(s) GC (General Commercial) or a more restrictive map code designation; (b) A change in zone classification from R-3 (High-density Residential) to C-2 (General Commercial) or a more restrictive district; (c) A Conditional Use Permit to allow a community or Summary of Proceedings (PC) - July 26, 2007 Page 4

5 regional correctional and similar involuntary detention facilities (Section I) in a C-2 (General Commercial) District Jessie Street, approximately 150 feet west of the Virginia Street and Jessie Street intersection, east Bakersfield - STAFF RECOMMENDATION: RECOMMEND BOARD OF SUPERVISORS TO APPROVE - CEQA Guideline: Section (SD #5) - Heathstone Adult Services, Inc. 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 TO APPROVE THE APPLICATION. Res. # ZONE CHANGE CASE #36, MAP #102-10; PRECISE DEVELOPMENT PLAN #29, MAP # (a) A change in zone classification from CH (Highway Commercial) to M-2 PD (Medium Industrial - Precise Development Combining) or a more restrictive district; (b) A Precise Development Plan for an office and warehouse in an M-2 PD (Medium Industrial - Precise Development Combining) District - East side of Golden State Highway, at the northwesterly terminus of Knudsen Drive, north of Olive Drive exit of State Highway 99, Bakersfield - STAFF RECOMMENDA- TION: RECOMMEND BOARD OF SUPERVISORS TO APPROVE - CEQA Guideline: Section 15061(b)(3) - (SD #3) - Carosella Properties, Inc. by Kern Land Design HEARING OPENED; THIS CASE WAS CONTINUED TO AUGUST 23, ZONE CHANGE CASE #40, MAP # A change in zone classification from A (Exclusive Agriculture) [M-1 PD (Light Industrial - Precise Development Combining) and E (1/2) (Estate - 1/2 acre) in suspense] to E (1/2) (Estate - 1/2 acre) or a more restrictive district Hageman Road, approximately 500 feet west of Allen Road, west Bakersfield - STAFF RECOMMENDATION: RECOMMEND BOARD OF SUPERVISORS TO APPROVE - CEQA Guideline: Section 15061(b)(3) - (SD #4) - Steve Nickell by Stantec Consulting, Inc. HEARING OPENED; CAROL BENDER, A RESIDENT OF SMOKE CREEK AVENUE, HAD CONCERNS ABOUT THE REZONING OF THIS AREA BEING NOT SMALLER THAN 1/2-ACRE LOTS. SHE WANTS THE COMMISSION TO BE CAREFUL TO RETAIN THE QUALITY OF THE EXISTING NEIGHBORHOODS BY MORE RESTRICTIVE ZONING, RETAINING LARGER SIZE LOTS, AND NOT REPEAT THE SAME MISTAKES FROM THE PAST. CURTIS TRICH, A RESIDENT, IS OPPOSSED TO AN INDUSTRIAL PARK VERSUS THE 1/2-ACRE RESIDENTIAL LOTS. HE IS CONCERNED WITH PROPERTY VALUES AND IF AN INCREASED BUFFER WOULD BE IN PLACE. FRED POWERS WAS IN FAVOR OF THE INDUSTRIAL PARK AND IMPROVEMENT FOR THE AREA. THERE WAS A MOTION BY COMMISSIONER WAYNE AND A SECOND BY COMMISSIONER PITTS TO RECOMMEND TO THE BOARD OF SUPERVISORS TO APPROVE THE APPLICATION. THE MOTION CARRIED. Ba/Wa 12. CONDITIONAL USE PERMIT #45, MAP #81 - To allow the operation of a temporary concrete batch plant for a period of no more that three years (Section G) in an A-1 (Limited Agriculture) District - Northwest corner of James Road and Oilfield Road, north Bakersfield - STAFF RECOMMENDATION: APPROVE WITH CONDITIONS - CEQA Guideline: Section 15061(b)(3) - Summary of Proceedings (PC) - July 26, 2007 Page 5

6 (SD #1) - Jed Francis, Inc. HEARING OPENED; JED FRANCIS, THE APPLICANT, STATED HE WOULD BE ABLE TO MAKE A LIVING BY MAKING CONCRETE TO COVER THE COST OF HIRING A CRUSHER TO RECYCLE THE DEBRIS ON THE PROJECT LOCATION. COMMISSIONER BABCOCK HAD CONCERNS AS TO THE QUANTITY OF NEW DEBRIS THAT A CONCRETE BATCH PLANT WILL CONTRIBUTE TO THE EXISTING DEBRIS ON SITE. HE SUGGESTED PLACINIG A MAXIMUM QUANTITY OF DEBRIS THAT COULD ACCUCULATE ON SITE AND A RECRUSHING OF DEBRIS FOR RESALE, OR SOMETHING SIMILAR. THERE WAS A MOTION BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER WAYNE TO CONTINUE THIS CASE TO AUGUST 23, THE MOTION CARRIED. MISCELLANEOUS: Extension of Time: CA-13. A one-year extension of time to record final map for Vesting Tract Southeast corner of Johnson Road and Manor Drive - Western Rosedale Specific Plan - RECOMMENDATION: APPROVE ONE-YEAR EXTENSION OF TIME TO RECORD FINAL MAP FROM AUGUST 24, 2007, TO AUGUST 24, 2008, SUBJECT TO CONDITIONS APPROVED BY THE PLANNING COMMISSION ON AUGUST 14, Section (SD #4) - Obland Investment Company by San Joaquin Engineering, Inc. HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; THE COMMISSION VOTED TO APPROVE A ONE-YEAR EXTENSION OF TIME TO RECORD FINAL MAP FROM AUGUST 24, 2007, TO AUGUST 24, 2008, SUBJECT TO CONDITIONS APPROVED BY THE PLANNING COMMISSION ON AUGUST 14, THE MOTION CARRIED. COMMISSION MEMBER ANNOUNCEMENT OR REPORTS COMMISSIONER SPRAGUE MENTIONED A DEPARTMENT OF WATER WORKSHOP AT THE CALIFORNIA WATER DEPARTMENT HEADQUARTERS ON 'H' STREEET, AUGUST 8, 2007, AT 10:00 A.M. IT WOULD RUN APPROXIMATELY TWO TO THREE HOURS. HE INVITED ALL PLANNING STAFF AND ALL THE COMMISSIONERS TO ATTEND, IF POSSIBLE. MEETING ADJOURNED AT 9:26 p.m. Respectfully submitted, Attest: TED JAMES, Secretary KERN COUNTY PLANNING COMMISSION PETER BELLUOMINI, Chairman sc Summary of Proceedings (PC) - July 26, 2007 Page 6