Regular Meeting. Thursday, December 11, :00 p.m. 5 Present ROLL CALL: Commissioners: Pitts, Babcock, Sprague, Strong, Zimmerman

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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 Regular Meeting Thursday, December 11, :00 p.m. COMMISSION CONVENED 5 Present ROLL CALL: Commissioners: Pitts, Babcock, Sprague, Strong, Zimmerman Both present Advisory Members: Divelbiss, Chief Deputy County Counsel James, Director, Planning Department NOTE: Ba, Pi, Sp, St, and Zi are abbreviations for Commissioners Babcock, Pitts, Sprague, Strong, and Zimmerman, respectively. For example, Ba/Pi denotes Commissioner Babcock made the motion and Commissioner Pitts seconded it. The abbreviation "Ab" means absent, and "Abd" abstained. *CONSENT AGENDA: Items Approved by Roll Call Vote on One Motion Ba/St APPROVAL OF MINUTES: November13, UNANIMOUSLY APPROVED. PUBLIC HEARINGS: CONTINUED CASE: 4 Ayes 1 No/St Res. # Res. # Res. # GENERAL PLAN AMENDMENT #18, MAP #142; ZONE CHANGE CASE #60, MAP #142; AGRICULTURAL PRESERVE #10 - EXCLUSION (a) Amend the Metropolitan Bakersfield General Plan from Map Code(s) R-IA (Intensive Agriculture) to Map Code(s) RR (Rural Residential - Minimum 2.5 Gross Acres/Unit) or a more restrictive map code designation; (b) 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; (c) Exclusion of approximately 20 acres (gross) from the boundaries of an Agricultural Preserve 6942 and 7040 Cobb Road, Bakersfield STAFF RECOMMENDATION: ADVISE BOARD OF SUPERVISORS TO DISAPPROVE CEQA Guideline: Negative Declaration (SD #2) Needham et al., by Delmarter and Deifel (PP04205) (Continued from 11/13/03). HEARING OPENED; WAYNE DEIFEL OF DELMARTER AND DEIFEL WAS PRESENT AND STATED HE DID NOT AGREE WITH THE STAFF RECOMMENDATION. HE STATED THE PROPERTY WAS NOT ZONED FOR AGRICULTURE, AND THREE HOUSES AND WELLS WERE ALREADY ON THE PROPERTY WHEN THE APPLICANT BOUGHT IT. MR. DEIFEL STATED THE APPLICANT HAS HAD NO LUCK WITH AGRICULTURAL OPERATIONS ON THE PROPERTY BECAUSE THE SOIL QUALITY WAS POOR AND IRRIGATION WATER PRICES WERE NOT FEASIBLE. HE STATED THE PROPOSAL WAS

2 NOT OPPOSED BY THE NEIGHBORS AND THAT IT WAS NOT DIFFERENT FROM SIMILAR PROPOSALS IN THE AREA. HE ALSO STATED THE APPLICANT'S PROPOSAL WAS NOT PREMATURE AND THAT THE ZONING IN THE SURROUNDING AREA HAS CHANGED, HOWEVER, IT HAS BEEN VERY SLOW WITH ONLY FIVE REQUESTS TO CHANGE ZONING FROM AGRICULTURE IN THE PAST NINE YEARS. HE STATED THE APPLICANT WANTED TO ENJOY THE INVESTMENT OF THE PROPERTY. THE APPLICANTS, DON SHUFORD AND CARMEN NEEDHAM, STATED THEY DISAGREED WITH THE STAFF RECOMMENDATION. MR. SHUFORD STATED HE WAS UNABLE TO PROFIT FROM FARMING ON THE SITE, THE NEIGHBORS HAD NO OBJECTIONS TO THE PROPOSAL, AND HOUSES WERE ALREADY BEING BUILT ON PROPERTY AROUND THE SITE. MR. DEIFEL STATED PROPERTY ZONED RR EXISTED 1/4 MILE SOUTH OF THE SITE AND WAS APPROVED WITH THE SAME TYPE OF USE AND ZONING AS THE PROPOSAL. THE APPLICANT PRESENTED THREE LETTERS OF APPROVAL FROM NEIGHBORING PROPERTY OWNERS AND A MAP WHICH WERE RECEIVED AND FILED. PUBLIC TESTIMONY WAS CLOSED. MS. PITTS STATED THE SITE WAS SURROUNDED BY PROPERTY ZONED FOR AGRICULTURE, THEREFORE, THE SITE WAS CONSIDERED AG AS WELL, AND THE PROPOSAL WAS PREMATURE. COMMISSIONER BABCOCK MADE A MOTION TO SUPPORT THE STAFF RECOMMENDATION AND RECOMMEND TO THE BOARD OF SUPERVISORS TO DISAPPROVE THE PROJECT. THE MOTION CARRIED. NEW CASES: Ba/Zi Res. # Res. # Res. # Res. # Res. # Res. # Res. # Res. # Res. # Res. # Res. # Res. # Res. # GENERAL PLAN AMENDMENT #1, MAP #191; GENERAL PLAN AMENDMENT #1, MAP #191-18; GENERAL PLAN AMENDMENT #4, MAP #191-30; GENERAL PLAN AMENDMENT #4, MAP #192; GENERAL PLAN AMENDMENT #2, MAP #192-26; ZONE CHANGE CASE #5, MAP #192; CONDITIONAL USE PERMIT #5, MAP #191; CONDITIONAL USE PERMIT #4, MAP #191-18; CONDITIONAL USE PERMIT #4, MAP #191-19; CONDITIONAL USE PERMIT #3, MAP #191-29; CONDITIONAL USE PERMIT #3, MAP #191-30; CONDITIONAL USE PERMIT #14, MAP #192; CONDITIONAL USE PERMIT #1, MAP # (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 1.1 (State and Federal Land), 4.1 (Accepted County Plan Areas), and 8.4 (Mineral and Petroleum) to Map Code(s) 8.3 (Extensive Agriculture), 8.4 (Mineral and Petroleum), 8.5 (Resource Management), and 7.3 (Heavy Industrial) or more restrictive map code designations; amend the Circulation Element of the Kern County General Plan to eliminate future road reservations on section and midsection lines within the property as major highway and secondary highway alignments; and rescind the Jay Hubbard Specific Plan; (b) A change in zone classification from A-1 (Limited Agriculture) to M-3 (Heavy Industrial) or a more restrictive district; (c) Conditional Use Permits to allow the expansion of an existing surface mining operation and development of a reclamation plan in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975 (Sections G; H; G; and E) in A-1 (Limited Agriculture), E (20) (Estate - 20 acres), M-3 (Heavy Industrial), A-1 MH (Limited Summary of Proceedings (PC) - December 11, 2003 Page 2

3 Agriculture - Mobilehome Combining), and R-1 (Low-density Residential) Districts Approximately two miles northwest of Boron, eastern Kern County STAFF RECOMMENDATION: ADVISE BOARD OF SUPERVISORS TO APPROVE CEQA Guideline: Environmental Impact Report (MMMP) (SD #2) U.S. Borax, Inc. (PP03220). HEARING OPENED. MARY JANE WILSON, PRESIDENT OF WZI, INC., STATED BORAX WAS IN COMPLIANCE WITH THE EXISTING CONDITIONAL USE PERMITS AND THE ENVIRONMENTAL IMPACT REPORT (EIR). SHE STATED THERE WERE NO KNOWN OFF-SITE CONTAMINATIONS AT THIS TIME, THAT BORAX WAS UNDER A CLEAN UP AND ABATEMENT ORDER AS REFERENCED IN THE EIR, AND THE MINE IS EVERGROWING AND THAT DESIGNS HAVE COMPENSATED FOR THE GROWTH AND DISCHARGE. GREG WAGNER, BORAX'S ENVIRONMENTAL MANAGER, ASKED THAT THE REQUEST BE APPROVED AND LISTED SEVERAL ECONOMIC AND ENVIRONMENTAL ASPECTS. ROBERT MILLER FROM THE HEALTHY LUNGS ASSOCIATION VOICED CONCERNS REGARDING GROWTH OF OVERBURDEN PILES AND EXISTING DUST ISSUES. PHOTOGRAPHS OF HAUL TRUCKS AND OVERBURDEN PILES WERE RECEIVED AND FILED. ROBERT DOVE, A LOCAL RESIDENT, STATED HE FELT BORAX WAS NOT BEING A GOOD NEIGHBOR OR MINING RESPONSIBLY. LISA PETRI STATED HER HUSBAND WORKED AT THE BORAX PLANT AND THAT IT WAS NOT HER INTENTION TO SHUT DOWN THE MINE. SHE STATED THAT BORAX HAS MADE A POSITIVE IMPACT ON THE COMMUNITY, HOWEVER, ISSUES NEEDED TO BE ADDRESSED REGARDING AIR QUALITY AND CONTINUING COMMUNICATION BETWEEN BORAX AND THE COMMUNITY. NANCY LAMARO, BORAX COMMUNITY AFFAIRS, STATED BORAX HAS IMPLEMENTED SEVERAL PROGRAMS FOR THE BENEFIT AND EDUCATION OF THE COMMUNITY, AS WELL AS THE DEVELOPMENT OF A COALITION OF PROBLEM SOLVERS TO IDENTIFY AND ADDRESS COMMUNITY ISSUES AND CONCERNS. PUBLIC TESTIMONY WAS CLOSED. COMMISSIONER ZIMMERMAN STATED HE FELT BORAX HAS BEEN GOOD FOR THE COMMUNITY OF BORON, HOWEVER, DUST IS STILL A CONCERN. THERE WAS A DISCUSSION REGARDING A CHANGE IN THE FREQUENCY OF WATERING BY WATER TRUCKS ON THE OVERBURDEN PILES. MS. WILSON STATED THERE WERE LIMITATIONS ON WATER USAGE AND THAT ISSUES EXISTED REGARDING RUNOFF AND EVAPORATION RATES. SHE STATED THAT ALTERNATE DUST CONTROL MEASURES WERE CURRENTLY BEING INVESTIGATED. IT WAS DECIDED TO REVISE CONDITION (16)(B) IN THE CONDITIONAL USE PERMITS TO READ AS FOLLOWS: (16) FUGITIVE DUST (PM 10 ) EMISSIONS SHALL BE MINIMIZED DURING THE COURSE OF MINING AND RECLAMATION. HAUL ROADS SHALL BE COVERED BY WATER OR OTHER PALLIATIVE, DEPENDING ON WEATHER AND ROAD CONDITIONS, AT LEAST AN AVERAGE OF SIX TIMES PER SHIFT IN THE SUMMER MONTHS AND FOUR TIMES PER SHIFT IN THE WINTER MONTHS (OCTOBER 15 - MARCH 15), BUT IN NO EVENT SHALL THE AMOUNT OF WATER APPLIED EXCEED THE EVAPORATION RATE AS SPECIFIED BY THE REGIONAL WATER Summary of Proceedings (PC) - December 11, 2003 Page 3

4 QUALITY CONTROL BOARD. WATER OR OTHER PALLIATIVE SHALL BE APPLIED TO MATERIAL PILES OR OTHER EXPOSED SURFACES AS NECESSARY SO THAT VISIBLE EMISSIONS DO NOT EXCEED 20 PERCENT CAPACITY. THE DEVELOPMENT SHALL COMPLY WITH ANY REQUIREMENTS OF THE KERN COUNTY AIR POLLUTION CONTROL DISTRICT. ANY APPROVALS OR PERMITS ISSUED BY THAT AGENCY SHALL BE SUBMITTED TO THE KERN COUNTY PLANNING DEPARTMENT AND INCORPORATED INTO THE APPROVED SURFACE MINING AND RECLAMATION PLAN BY REFERENCE. All Ayes Res. #224*-03 Al Ayes All Ayes 3. GENERAL PLAN AMENDMENT #3, MAP #71-14; ZONE CHANGE CASE #15, MAP #71-14 (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 E (2 1/2) (Estate - 2 1/2 acres)or a more restrictive district Approximately 1/4 mile east of Richmond Street, 300 feet north of Javis Avenue, 1 1/2 miles southeast of Ridgecrest STAFF RECOMMENDATION: REFER BACK TO STAFF CEQA Guideline: Section 15061(b)(3) (SD #1) Neil and Melissa Christman by B.J. Tucker and Associates. HEARING OPENED. THIS CASE WAS REFERRED BACK TO STAFF. *4. CONDITIONAL USE PERMIT #25, MAP #214 To allow a cat kennel (Section K) in an A-1 (Limited Agriculture) District Southeast corner of Gibbs Avenue and Joshua Lane, west of Mojave STAFF RECOMMENDATION: APPROVE WITH CONDITIONS CEQA Guideline: Section 15061(b)(3) (SD #2) Diana Daunert by David Dmohowski. HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RESOLUTION ADOPTED APPROVING APPLICATION SUBJECT TO THE RECOMMENDED CONDITIONS. *5. ZONE CHANGE CASE #2, MAP # A change in zone classification from E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) to E (1/2) RS (Estate - 1/2 acre - Residential Suburban Combining) or a more restrictive district West of North Drive and South Drive, in the Tejon Lodge area, Lebec STAFF RECOMMENDATION: ADVISE BOARD OF SUPERVISORS TO APPROVE CEQA Guideline: Negative Declaration (MMMP) (SD #4) William Watts by French and Associates (PP04214). 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 NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM AND TO APPROVE THE APPLICATION. 6. GENERAL PLAN AMENDMENT #5, MAP #101-34; ZONE CHANGE CASE #22, MAP #101-34; CONDITIONAL USE PERMIT #11, MAP #101-34; ZONE VARIANCE #5, MAP # (a) Amend the Western Rosedale Specific Plan from Map Code(s) SR (Suburban Residential - Less Than or Equal to 4 Dwelling Units/Net Summary of Proceedings (PC) - December 11, 2003 Page 4

5 Res. # Res. # Res. # Res. # Res. # Acre) to Map Code(s) GC (General Commercial) or a more restrictive map code designation; (b) A change in zone classification from E (1/4) (Estate - 1/4 acre) to C-2 (General Commercial) or a more restrictive district; (c) A Conditional Use Permit to allow a miniwarehouse facility with outside storage (Section C.1); (d) A Zone Variance to allow a reduction in the number of required parking spaces from 28 to ten for a miniwarehouse facility and a ten-foot-high monument sign with 80 square feet of sign area, where eight feet and 48 square feet of sign height and area, respectively, are the maximum allowed (Sections A.8 and B), in a C-2 (General Commercial) District North side of Stockdale Highway, approximately 3/8 mile west of Renfro Road, west Bakersfield STAFF RECOMMENDATION: CONTINUE TO JANUARY 22, 2004 CEQA Guideline: Negative Declaration (SD #4) Carl G. Oblinger by Marino and Associates (PP03273). HEARING OPENED. THIS CASE WAS CONTINUED TO JANUARY 22, *7. VESTING TENTATIVE TRACT #6208; ZONE MODIFICATION #25, MAP #101 (a) Vesting Tentative Tract 6208 proposing to divide a 40.2-acre site into 32 residential lots ranging in size from 37,321 square feet to 1.06 acres (46,026 square feet) for singlefamily residential development; five limited design variations; a development variation to the Development Standards to allow the deletion of vehicular access right dedication at two temporary drainage basin sites; (b) A Zone Modification to allow a 37,321- square-foot minimum lot size, where one acre (43,650 square feet) is required (Section ), in an E (1) RS (Estate - 1 acre - Residential Suburban Combining) District Southeast corner of Nord Avenue and Palm Avenue, west of Bakersfield STAFF RECOMMENDATION: APPROVE WITH CONDITIONS CEQA Guideline: Section (SD #4) Delfino Land Company, Inc. by The Lusich Company. HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RESOLUTION ADOPTED APPROVING APPLICATION SUBJECT TO THE RECOMMENDED CONDITIONS. *8. CONDITIONAL USE PERMIT #61, MAP #124-5 To allow an additional singlefamily dwelling unit (Section c.1.6) in a 6.2 (General Commercial) (Casa Loma Specific Plan) District 1030 South Union Avenue, Bakersfield STAFF RECOMMENDATION: APPROVE WITH CONDITIONS CEQA Guideline: Section (SD #5) Hafiz Alammari. HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RESOLUTION ADOPTED APPROVING APPLICATION SUBJECT TO THE RECOMMENDED CONDITIONS. *9. CONDITIONAL USE PERMIT #37, MAP #103-28; ZONE VARIANCE #36, MAP # (a) A Conditional Use Permit to allow development of a multiuse athletic field (park/playground) for a period of five years (Section B) and the use of a cargo container for storage for grounds maintenance and athletic equipment (Section K); (b) A Zone Variance to waive the requirement to provide off-street parking (Section ) in C-2 PD (General Commercial - Precise Development Combining) and C-2 PD FPS (General Commercial - Precise Development Combining - Floodplain Secondary Combining) Districts 1901 Niles Street, east Bakersfield STAFF RECOMMENDATION: APPROVE WITH CONDITIONS CEQA Guideline: Section (SD #5) Dennie Watson. HEARING OPENED; Summary of Proceedings (PC) - December 11, 2003 Page 5

6 COMMISSIONER SPRAGUE STATED HE FELT THERE WERE PARKING ISSUES AND THAT A BLOCK WALL WAS NEEDED TO PROTECT THE RESIDENTS ON MONTEREY STREET. MR. ELLIS VOICED CONCERN WITH THE FIVE-YEAR PERIOD AND POINTED OUT THAT STAFF WAS RECOMMENDING A TWO-YEAR USE BE APPROVED TO ALLOW TIME FOR ANTICIPATED PROBLEMS TO MATERIALIZE. MR. WATSON STATED HE UNDERSTOOD THE CONCERN FOR THE PROTECTION FOR THE NEIGHBORS, HOWEVER, A BLOCK WALL WAS EXPENSIVE. HE STATED THE PROJECT RELIED ON COMMUNITY DONATIONS ONLY, THAT HE WANTED TO COMPLY, AND THE ATHLETIC FIELD WAS FOR THE NEIGHBORING COMMUNITY. MR. WILSON STATED THE SURROUNDING BUSINESSES HAD VERBALLY GIVEN HIM PERMISSION TO USE THEIR PARKING AREAS. HE ALSO STATED THAT ALL ACTIVITIES WERE TO BE SUPERVISED BY ADULTS, AN IRRIGATION SYSTEM HAS BEEN INSTALLED, AND SOD WILL BE PLACED IN ONE MONTH WHICH WILL REDUCE DUST ISSUES. COMMISSIONER STRONG ASKED WHAT PLANS DID THE APPLICANT HAVE AFTER THE TWO-YEAR PERMIT PERIOD. MR. WATSON STATED HE WANTED TO PURCHASE NEIGHBORING PROPERTY, EXTEND THE PERMIT, DEVELOP A YOUTH CENTER, AND THE CURRENT OPERATING HOURS WILL BE LIMITED TO DAYLIGHT HOURS ONLY. PUBLIC TESTIMONY WAS CLOSED. COMMISSIONER BABCOCK MADE A MOTION TO APPROVE THE PROJECT WITH THE MODIFICATION OF CONDITION (4) AND THE ADDITION OF A NEW CONDITION AS CONDITION (7) AND THE CURRENT CONDITION (7) TO BE RENUMBERED AS CONDITION (8) TO READ AS FOLLOWS: (4) THIS CONDITIONAL USE PERMIT AUTHORIZES USE OF THE PROJECT SITE AS A ATHLETIC FIELD FOR AN INITIAL PERIOD OF TWO YEARS AND SHALL EXPIRE ON DECEMBER 25, 2005, UNLESS PRIOR TO THAT DATE, A MASONRY WALL HAS BEEN CONSTRUCTED ALONG THE ENTIRE SOUTHERN SITE BOUNDARY TO MATCH THE EXISTING BLOCK WALL ALONG THE SOUTHERLY PROPERTY LINE OF THE PARCEL TO THE IMMEDIATE WEST OF THE SITE, IN WHICH CASE AN ADDITIONAL TWO YEARS ARE AUTHORIZED, IN WHICH CASE THIS PERMIT SHALL EXPIRE ON DECEMBER 25, ANY REQUEST TO EXTEND THESE EXPIRATION DATES SHALL BE CONSIDERED AS AN AMENDMENT TO THIS CONDITION AT A REGULAR PUBLIC HEARING. (7) NO ON-SITE LIGHTING SHALL BE PERMITTED. REQUEST FOR MODIFICATION OF CONDITIONAL USE PERMIT: All Ayes 10. CONDITIONAL USE PERMIT #12, MAP # A Modification of a Conditional Use Permit for an expansion to an existing private school (Section K) for this permit (Resolution ; approved December 14, 1989) which allowed the construction of a church with a school (Section J) in an E (5) RS (Estate - 5 acres - Residential Suburban Combining) District Schout Road, Tehachapi STAFF RECOMMENDATION: REFER BACK TO STAFF CEQA Guideline: Summary of Proceedings (PC) - December 11, 2003 Page 6

7 Negative Declaration (SD #2) Country Oaks Baptist Church by Glenn Hartzell (PP04211). HEARING OPENED. THIS CASE WAS REFERRED BACK TO STAFF. H. COMMISSION MEMBER ANNOUNCEMENT OR REPORTS:. On their own initiative, Commission members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff, or take action to have staff place a matter of business on a future agenda (Government Code Section (a)). A NOMINATING COMMITTEE SELECTED COMMISSIONER BABCOCK AS THE NEW CHAIRMAN AND COMMISSIONER SPRAGUE AS THE NEW VICE CHAIRMAN. A MOTION WAS MADE AND CARRIED. MEETING ADJOURNED AT 9:31 p.m. Respectfully submitted, TED JAMES, Secretary KERN COUNTY PLANNING COMMISSION Attest: KAY L. PITTS, Chair pd Summary of Proceedings (PC) - December 11, 2003 Page 7