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, January 22, :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, Green, 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 Be/Fl APPROVAL OF MINUTES: January 8, UNANIMOUSLY APPROVED. PUBLIC HEARINGS: CONTINUED CASE: Ba/Be 1. 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: REFER BACK TO STAFF - 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; 11/13/08) HEARING OPENED. THIS CASE WAS REFERRED BACK TO STAFF. NEW CASES: Res. #1-09 CA-2. ZONE CHANGE CASE #15, MAP # A change in zone classification from E (10) RS (Estate - 10 acres - Residential Suburban Combining) [E (1) FPS (Estate - 1 acre - Floodplain Secondary Combining) in suspense] to E (1) RS FPS (Estate - 1 acre - Residential Suburban Combining - Floodplain Secondary Combining) or a more restrictive district - Northeast corner of Gateway Boulevard and Saratoga Avenue, Ridgecrest - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE ZONE CHANGE WITH ADDITION OF THE FPS (FLOODPLAIN SECONDARY COMBINING) DISTRICT, TO BECOME EFFECTIVE UPON THE RECORDATION OF A FINAL TRACT MAP; AND ADOPT THE

2 SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section 15061(b)(3) - (SD #1) - PVC Plumbing and Mechanical by Cornerstone Engineering, Inc. HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS APPROVE ZONE CHANGE WITH ADDITION OF THE FPS (FLOODPLAIN SECONDARY COMBINING) DISTRICT, TO BECOME EFFECTIVE UPON THE RECORDATION OF A FINAL TRACT MAP; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE Ba/Fl Res. #2-09 Res. # ZONE CHANGE CASE #16, MAP #47-30; CONDITIONAL USE PERMIT #14, MAP # (a) A change in zone classification from A-1 MH H (Limited Agriculture - Mobilehome Combining - Airport Approach Height Combining) to M-2 PD H (Medium Industrial - Precise Development Combining - Airport Approach Height Combining) or a more restrictive district; (b) A Conditional Use Permit to allow construction and operation of a chemical blending and manufacturing facility (Section D.1) in a M-2 PD H (Medium Industrial - Precise Development Combining - Airport Approach Height Combining) District - Southeast corner of Inyokern Road (Highway 178) and Black Mountain Boulevard, south of the Inyokern Airport, Inyokern - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS ADOPT NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLU- TIONS - CEQA Guideline: Negative Declaration (MMMP) - (SD #1) - Bill and Beth Sumners (PP09206) HEARING OPENED. KAREN NORTHCUTT, THE APPLICANT'S REPRESENTATIVE, STATED THEY AGREED WITH STAFF'S RECOMMENDATION AND ASKED FOR APPROVAL OF THE APPLICATION. A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER FLORES RECOMMENDED THE BOARD OF SUPERVISORS ADOPT THE NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. Ba/Fl Res. # CONDITIONAL USE PERMIT #46, MAP #165 - To allow the retention and operation of an equestrian establishment (Section D), an animal shelter (Section K), and an agricultural supply service (Section C.2) in an A (Exclusive Agriculture) District Cummings Valley Road, southwest corner of Cummings Valley Road and Brite Street, Tehachapi - STAFF RECOM- MENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section 15061(b)(3) - (SD #2) - Randall Kreps and Wendy Pace HEARING OPENED. RANDALL KREPS, THE APPLICANT AND OWNER, STATED THE REQUEST WAS FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR THE RETENTION AND OPERATION OF AN EQUESTRIAN RESCUE TO PROVIDE A SAFE AND HEALTHY ENVIRONMENT FOR NEGLECTED, ABUSED, OR ABANDONED HORSES. MR. KREPS STATED THEY HAD CLOSED DOWN THE FEED STORE LAST YEAR AND HAD NO INTENTION OF REOPENING IT IN THE FUTURE AND WOULD BE TERMINATING THE HORSE BOARDING ACTIVITIES. HE STATED THEY WATERED THE HORSE ENCLOSURE Summary of Proceedings (PC) - January 22, 2009 Page 2

3 AREAS, THE MANURE WAS HAULED OFF TWICE WEEKLY TO REDUCE FLIES, AND THEY PLAN TO AGGRESSIVELY ADDRESS THE DUST ISSUE RAISED BY THE NEIGHBORS. MR. KREPS STATED A PLACE LIKE THEIRS WAS GREATLY NEEDED IN THE AREA TO HANDLE RESCUED AND NEGLECTED HORSES AND ASKED THE COMMISSION TO PLEASE APPROVE THE APPLICATION. VIVIAN AND ELDO KLINGENBERG, LOCAL RESIDENTS, JOINTLY STATED CONCERNS WITH THE LACK OF PASTURE AREAS ON THE PREMISES, DIRT ENCLOSURES AND FUGITIVE DUST, NO WATERING OF THE PASTURES, AND THE REMOVAL OF MANURE ON A REGULAR BASIS, AND THEY ASKED WHAT THE MAXIMUM ALLOWED NUMBER OF ANIMALS PER ACRE FOR THE A (EXCLUSIVE AGRICULTURE) DISTRICT STATING THEY WERE NOT AGAINST THE HORSES, HOWEVER, THE APPLICANTS SHOULD SHOW CONSIDERATION FOR THEIR NEIGHBORS. QUINTON STEWART, A LOCAL RESIDENT, STATED HE WAS IN FAVOR OF THE APPLICATION AND HAD GOTTEN A RESCUE HORSE FROM 2ND CHANCE RANCH. HE ALSO STATED THEY DID NOT HAVE THE AVAILABLE WATER CAPACITY TO WATER THEIR 20- ACRE PARCEL REGULARLY AND FELT IT WOULD NOT BE FEASIBLE. JOAN PARKER, A FRIEND AND LOCAL RESIDENT, STATED SHE HAS BOARDED HORSES AT 2ND CHANCE RANCH THAT THE AREA NEEDED A PLACE FOR RESCUED HORSES. MS. PARKER STATED THAT TO ASK THE APPLICANTS TO PAVE THE ROADS TO CONTROL DUST WAS A WASTE OF RESOURCES THAT COULD BE BETTER SPENT ON THE CARE AND WELFARE OF THE RESCUED HORSES AND THE AREA IS ZONED AGRICULTURAL, THEREFORE, THERE WILL ALWAYS BE DUST CAUSED BY THE WIND AND TO USE PRECIOUS WATER FOR DUST CONTROL OF CORRALS DAILY WOULD BE A WASTE AND ASKED THE COMMISSION TO APPROVE THE PROJECT. OMRAT PAYCENT, A LOCAL RESIDENT, STATED SHE HAD MET WENDY KREPS AND THROUGH 2ND CHANCE RANCH MET AND LEARNED TO CARE FOR HER RESCUED HORSE, SHE HAS OBSERVED THE APPLICANTS WORKING TO REHABILITATE DAMAGED AND SCARED HORSES; PROVIDED VETERNIARY SERVICES; CLEAN PASTURES, STALLS, CLEAN WATER; AND FENCED ENCLOSURES. MS. PAYCENT STATED THE APPLICANTS PROVIDED GENTLE CARE AND A SAFE ENVIRONMENT AND FELT THE COMMUNITY NEEDED 2ND CHANCE RANCH. RANDALL AND WENDY KREPS, THE APPLICANTS, JOINTLY STATED THE PROPERTY IS ZONED A (EXCLUSIVE AGRICULTURE) WHICH ALLOWED FOR HORSES AND FELT THAT THE NEIGHBORS CHOOSE TO PURCHASE PROPERTY NEXT TO A HORSE RESCUE FACILITY AND NOW WANT TO CHANGE EVERYTHING. MR. KREPS STATED THEY HAVE GRASS COVERED ENCLOSURES, THEY RECYCLE THE MANURE, AND PROVIDE A SAFE HAVEN FOR RESCUED HORSES AND ASKED THAT THE CONDITIONS OF APPROVAL BE REALISTIC AND MANAGABLE TO PROVIDE THE RANCH A 2ND CHANCE AT CONTINUING TO SERVE THE COMMUNITY. STAFF RECOMMENDED A MODIFICATION OF TWO CONDITIONS OF APPROVAL TO READ AS FOLLOWS: "CONDITION (2)(F) THE APPLICANTS SHALL MAINTAIN THEIR DRIVEWAY AND PARKING AREA WITH ONE OF THE FOLLOWING: THREE INCHES OF DECOMPOSED GRANITE, THREE INCHES OF COMPACTED ROCK DUST, THREE INCHES OF GRAVEL, OR THREE INCHES OF A MATERIAL OF HIGHER QUALITY; AND CONDITION (3)(G) CORRAL, PADDOCKS, ENCLOSURES, AND TRAINING AREAS SHALL BE WATERED AS NEEDED TO PREVENT THE GENERATION OF FUGITIVE DUST EMISSIONS." THE COMMISSION COMMENDED THE APPLICANTS Summary of Proceedings (PC) - January 22, 2009 Page 3

4 Res. #5-09 CA-5. FOR THEIR NOBLE AND WORTHY ENDEAVORS OF PROVIDING CARE AND REFUGE FOR ABUSED AND ABANDONED HORSES, AS WELL AS HAVING A POSITIVE IMPACT ON THE YOUNG PEOPLE LIVING IN THEIR COMMUNITY AND ASKED THAT THEY CONTINUE TO BE GOOD STEWARDS AND NEIGHBORS. ELDON KLINGENBERG, A LOCAL RESIDENT, REITERATED HIS CONCERNS REGARDING THE DUST AND ROAD SURFACING. A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER FLORES APPROVED IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE ZONE CHANGE CASE #68, MAP #165 - A change in zone classification from E (2 1/2) (Estate - 2 1/2 acres) to E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) or a more restrictive district Fallen Leaf Drive, Golden Hills area - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO APPROVE ZONE CHANGE AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section 15061(b)(3) - (SD #2) - Julie and Colin Glenn by Robert G. Hogue, L.S. HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS APPROVE ZONE CHANGE AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE Res. #6-09 Res. #7-09 Be/Pe Res. #8-09 CA-6. ZONE CHANGE CASE #19, MAP #64-6; ZONE CHANGE CASE #20, MAP # (a) A change in zone classification from R-1 (Low-density Residential) to E (1/4) (Estate - 1/4 acre) or a more restrictive district; (b) A change in zone classification from R-1 MH (Low-density Residential - Mobilehome Combining) to E (1/4) (Estate - 1/4 acre) or a more restrictive district - West side of Violet Street, between Alta Sierra Avenue and Webb Avenue, Lake Isabella - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE ZONE CHANGES AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Section 15061(b)(3) - (SD #1) - Gerald and Dawn Lee by GPS Services HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS APPROVE ZONE CHANGES AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. 7. CONDITIONAL USE PERMIT #14, MAP # To allow construction of a single-family dwelling (Section A) in a C-2 (General Commercial) District Lake Isabella Boulevard, Bodfish - 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 #1) - Albert Landry HEARING OPENED. ALBERT LANDRY, THE APPLICANT, STATED HE AGREED WITH THE CONDITIONS AND STAFF'S RECOMMENDATION. A MOTION WAS MADE BY COMMISSIONER BELLUOMINI AND A SECOND BY COMMISSIONER PEREZ APPROVED IN ACCORDANCE WITH THE Summary of Proceedings (PC) - January 22, 2009 Page 4

5 Res. #9-09 Res. #10-09 Res. #11-09 CA-8. CA-9. RECOMMENDED CONDITIONS AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE CONDITIONAL USE PERMIT #7, MAP #98-13; ZONE VARIANCE #2, MAP # (a) A Conditional Use Permit to allow construction of a community recreational facility (Section C); (b) A Zone Variance to allow for reduction in required parking spaces (Section G.8), in an E (20) (Estate - 20 acres) District - Northeast corner of Meadows Street and Milo Avenue, Buttonwillow - STAFF RECOMMENDATION: APPROVE CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS; APPROVE ZONE VARIANCE SUBJECT TO CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section (SD #4) - Kern County Parks and Recreation District by Klassen Corporation HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; APPROVED CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS; APPROVE ZONE VARIANCE SUBJECT TO CONDITIONS; AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE ZONE CHANGE CASE #67, MAP #142 - A change in zone classification from E (10) RS (Estate - 10 acres - Residential Suburban Combining) to A (Exclusive Agriculture) or a more restrictive district Cobb Road, between Eberle Road and Ashe Road, South Bakersfield - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO APPROVE ZONE CHANGE AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section 15061(b)(3) - (SD #2) - Carmen Needham Tyack HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS APPROVE ZONE CHANGE AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE MEETING ADJOURNED AT 7:48 p.m. Respectfully submitted, TED JAMES, Secretary KERN COUNTY PLANNING COMMISSION Attest: RON SPRAGUE, Chairman sc Summary of Proceedings (PC) - January 22, 2009 Page 5