Regular Meeting. Thursday, May 13, :00 p.m. COMMISSION CONVENED

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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, May 13, :00 p.m. 4 Present ROLL CALL: Commissioners: Babcock, Belluomini, Martin, Sprague, Perez Both Present Advisory Members: Divelbiss, Chief Deputy County Counsel Oviatt, Director, Planning Department NOTE: Ba, Be, Ma, Pe, and Sp are abbreviations for Commissioners Babcock, Belluomini, Martin, 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 Sp/Be APPROVAL OF MINUTES: April 22, 2010, UNANIMOUSLY APPROVED. PUBLIC PRESENTATION: RESOLUTION HONORING JIM ELLIS - Presentation of a Resolution to Jim Ellis acknowledging his accomplishments for past services with the Kern County Planning Department. PUBLIC HEARINGS: CONTINUED CASES: Sp/Be Res. # CONDITIONAL USE PERMIT #3, MAP #97 - To consider revocation proceedings for this Conditional Use Permit (Resolution ; approved December 11, 1989) due to noncompliance with required conditions of approval for this permit which allowed a large volume solid waste transfer station in an NR (20) (Natural Resource - 20 acres) District Highway 33, McKittrick - STAFF RECOMMENDATION: APPROVE REVOCATION OF THE CONDITIONAL USE PERMIT AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section (SD #4) - Kern County Planning Department (Original applicant - EnviroCycle, Inc.) (Continued from 4/8/10) HEARING OPENED. THE APPLICANT WAS NOT IN ATTENDANCE. MATT CONSTANTINE, WITH THE KERN COUNTY PUBLIC HEALTH DEPARTMENT, ANSWERED CONCERNS REGARDING DUST, SOIL, HEALTH RISKS, GROUNDWATER, AND THE MINE OPERATOR'S RESPONSIBILITIES. A MOTION WAS MADE BY COMMISSIONER SPRAGUE AND A SECOND BY COMMISSIONER BELLUOMINI APPROVING REVOCATION OF THE CONDITIONAL USE PERMIT AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION. THE MOTION CARRIED.

2 2. CONDITIONAL USE PERMIT #4, MAP #119 - To consider enforcement proceedings for this conditional use permit (Conditional Use Permit 4, Map 119; Resolution ; approved November 14, 2002) due to noncompliance with its associated conditions of approval (Section and 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 A H (Exclusive Agriculture - Airport Approach Height Combining) District - Approximately one mile west of Elk Hills Road, one mile south of the California Aqueduct, Buttonwillow area - STAFF RECOMMENDATION: CONTINUE TO AUGUST 12, CEQA Guideline: Section (SD #4) - Kern County Planning Department (Syndex, LLC) (Continued from 1/28/10; 2/11/10; 4/22/10) MIKE SILBERSTEIN, THE APPLICANT, SUBMITTED DOCUMENTS THAT WERE RECEIVED AND FILED. MR. SILBERSTEIN STATED THEY WERE WAITING ON A DECISSION FROM THE COURT BEFORE THEY COULD ACQUIRE THE NECESSARY ASSURANCE BOND, AS WELL AS PAY THE DEPARTMENT OF CONSERVATION/OFFICE OF MINE RECLAMATION FEES AND ASKED FOR ADDITIONAL TIME TO COMPLY. NEW CASES: A MOTION WAS MADE BY COMMISSIONER BELLUOMINI AND A SECOND BY COMMISSIONER SPRAGUE TO CONTINUE THE CASE TO AUGUST 12, THE MOTION CARRIED. Sp/Ma 3. CONDITIONAL USE PERMIT #2, MAP # To allow a dog kennel (Section L) in an E (2 1/2) RS MH (Estate - 2 1/2 acres - Residential Suburban Combining - Mobilehome Combining) District th Street West, south of Patterson Road, Rosamond - STAFF RECOMMENDATION: DISAPPROVE - CEQA Guideline: Section 15061(b)(3) - (SD #2) - Duain Preitz by Alan E. Klein HEARING OPENED. ALAN KLEIN, THE APPLICANT'S REPRESENTATIVE, SUBMITTED A LETTER THAT WAS RECEIVED AND FILED. MR. KLEIN STATED THE APPLICANT SAVED DOGS AND CATS, WAS NOT A NUISANCE TO SURROUNDING NEIGHBORS, AND ASKED FOR A CONTINUANCE TO ALLOW HIMSELF TO BE PRESENT AT THE NEXT SITE VISIT. GUY SHAW, WITH THE KERN COUNTY ANIMAL CONTROL DEPARTMENT, STATED THE APPLICANT HAD BEEN SITED FOR VIOLATIONS ON SEVERAL OCASSIONS FOR NOT MEETING THE MINIMUM REQUIREMENTS BY LAW THAT ANY RESPONSIBLE ANIMAL OWNER WOULD HAVE TO MEET: CLEAN WATER, SHADE, COVERED ENCLOSURES, AND PROPER FENCING TO KEEP ANIMALS IN AND SAFE. MR. SHAW STATED ANIMAL CONTROL'S RESPONSIBILITY WAS TO ASSURE THE ANIMALS HEALTH AND CARE WERE MET AND THE APPLICANT COMPLIED. DUAIN PREITZ, THE APPLICANT, STATED THAT THIS WAS A PERSONAL INVESTMENT AND NOT A BUSINESS AND THAT HE WOULD COMPLY WITH ANIMAL CONTROL. ALAN KLEIN, THE APPLICANT'S REPRESENTATIVE, STATED HE WOULD BE PRESENT AT THE NEXT SITE VISIT AND MAKE SURE THAT HIS CLIENT WOULD COMPLY WITH ALL THE REQUIREMENTS NECESSARY TO MEET COMPLIANCE. THE COMMISSION RECOMMENDED A CONTINUANCE OF 90 DAYS TO ALLOW THE APPLICANT TIME TO COMPLETE THE Summary of Proceedings (PC) - May 13, 2010 Page 2

3 ABOVE-MENTIONED CONDITIONS FOR COMPLIANCE. A MOTION WAS MADE BY COMMISSIONER SPRAGUE AND A SECOND BY COMMISSIONER MARTIN TO CONTINUE THIS CASE TO AUGUST 26, THE MOTION CARRIED. Res. # GENERAL PLAN AMENDMENT #2, MAP #138; CONDITIONAL USE PERMIT #1, MAP #138 - (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.4 (Mineral and Petroleum) to Map Code(s) (Solid Waste Disposal Facility Buffer) or a more restrictive map code designation on 61.7 acres for a landfill buffer; Amend the Circulation Element to eliminate road reservations for the east/west and north/south midsection lines and the easterly section line of Section 25, T31S, R23E, MDB&M; Amend Appendix "E" Map, Taft Sanitary Landfill; (b) A Modification of Conditional Use Permit 1, Map 138 (Resolution ; approved January 20, 1972) to allow for expanded capacity and extend the lifetime of the existing Taft Sanitary Landfill operation (Section H) in an A (Exclusive Agriculture) District - Taft Sanitary Landfill, Elk Hills Road, southwest of intersection with Valley West Road, Taft area - STAFF RECOMMENDATION: CONTINUE TO MAY 27, CEQA Guideline: Environmental Impact Report (MMMP) - (SD #4) - Kern County Waste Management (PP09247) THIS CASE WAS CONTINUED TO MAY 27, CA-5. ZONE CHANGE CASE #17, MAP #139 - A change in zone classification from A-1 (Limited Agriculture) to NR (40) (Natural Resource - 40 acres) or a more restrictive district for a acre portion of an area that has been identified as a "Corrective Action" needed site by the Department of Toxic Substances Control - Approximately 3 miles north of Highway 119, adjacent to the east side of Elk Hills Road, seven miles northeast of Taft - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE ZONE CHANGE AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section (SD #4) - Occidental of Elk Hills, Inc. by McIntosh and Associates (PP10268) 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 AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION. 6. ZONE CHANGE CASE #2, MAP #34-19; PRECISE DEVELOPMENT PLAN #1, MAP # (a) A change in zone classification from A (Exclusive Agriculture) to M-2 PD (Medium Industrial - Precise Development Combining) or a more restrictive district; (b) A Precise Development Plan for an off-site advertising sign and cargo container storage to the existing landfill in an M-2 PD (Medium Industrial - Precise Development Combining) District - Nill Avenue and State Route 99, approximately 2 miles south of McFarland - STAFF RECOMMENDATION: CONTINUE TO JUNE 10, CEQA Guideline: Negative Declaration (MMMP) - (SD #1) - John Martin by John R. Wilson, Engineer (PP10228) THIS CASE WAS CONTINED TO JUNE 10, Summary of Proceedings (PC) - May 13, 2010 Page 3

4 Res. #70-10 Sp/Ma Res. #71-10 CA-7. CA-8. CONDITIONAL USE PERMIT #13, MAP # To allow the retention of a manufactured home not conforming to age and architectural requirements (Section E) in an R-1 (Low-density Residential) District Martinez Street, Shafter area - STAFF RECOMMENDATION: 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 #1) - Robert Barela 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 DRAFT RESOLUTION. CONDITIONAL USE PERMIT #24, MAP # To allow an annual fall festival with a haunted house, corn maze, and pumpkin patch (Section D) in an A (Exclusive Agriculture) District Rosedale Highway, south side of Rosedale Highway, east of Old Farm Road, western Rosedale area - STAFF RECOMMENDATION: APPROVE CONDITIONAL USE PERMIT FOR A TEMPORARY PERIOD OF FIVE YEARS, TO EXPIRE ON MAY 13, 2015, IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLU- TION - CEQA Guideline: Section (SD #4) - Night Terror Productions MIKE WILBUR, THE APPLICANT, STATED CONCERNS WITH A COUPLE OF THE CONDITIONS OF APPROVAL AND ASKED STAFF IF THEY COULD BE REVISED. STAFF RECOMMENDED CHANGES TO CONDITIONS (6)(J), (6)(N), AND (6)(O). A MOTION WAS MADE BY COMMISSIONER SPRAGUE AND A SECOND BY COMMISSIONER MARTIN APPROVED CONDITIONAL USE PERMIT FOR A TEMPORARY PERIOD OF FIVE YEARS, TO EXPIRE ON MAY 13, 2015, IN ACCORDANCE WITH THE RECOMMENDED REVISED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE ATTACHED RESOLUTION. THE MOTION CARRIED. Res. #72-10 Res. #73-10 Res. #74-10 CA-9. GENERAL PLAN AMENDMENT #5, MAP #102-30; ZONE CHANGE CASE #30, MAP #102-30; PRECISE DEVELOPMENT PLAN #20, MAP # (a) Amend the Land Use, Open Space and Conservation Element of the Metropolitan Bakersfield General Plan from Map Code(s) SR (Suburban Residential - Less Than or Equal to 4 Dwelling Units/Net Acre) to Map Code(s) OC (Office Commercial) or a more restrictive map code designation; (b) A change in zone classification from E (1/2) RS (Estate - 1/2 acre - Residential Suburban Combining) to CO PD (Commercial Office - Precise Development Combining) or a more restrictive district; (c) A Precise Development Plan for a 1,134-square-foot commercial office in a CO PD (Commercial Office - Precise Development Combining) District Calloway Drive, south of Rosedale Highway, north of Greenacres Drive, west Bakersfield - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO APPROVE GENERAL PLAN AMENDMENT AND ZONE CHANGE, AS REQUESTED; APPROVE PRECISE DEVELOPMENT PLAN IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Section (SD #3) - Garrett Rentz and Yvonne Johnson by MSW Summary of Proceedings (PC) - May 13, 2010 Page 4

5 Architectural and Engineering Services, Inc. (PP10234) 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 GENERAL PLAN AMENDMENT AND ZONE CHANGE, AS REQUESTED; APPROVE PRECISE DEVELOPMENT PLAN IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS. REQUEST FOR MODIFICATION OF CONDITIONAL USE PERMITS: Res. #75-10 Res. #76-10 CA-10. CONDITIONAL USE PERMIT #22, MAP #160 - A modification of the conditions of approval of Conditional Use Permit 22, Map 160 (Resolution 44-09; approved March 12, 2009), which authorized a private airstrip, skydiving school, and airplane maintenance and fabrication facility to be developed in an A (Exclusive Agriculture) District. The changes to be considered include, but are not limited to, the following: a reduction in the number of originally required parking spaces, allowing gravel and chip seal to be used for parking lot and driveway surfacing instead of A/C paving; and, the deletion of requirements to provide paved surfacing to the airstrip and the removal of existing obstructions from the ultimate Copus Road right-of-way. This modification is also being sought to allow this approved project to be phased Copus Road, 1.5 miles west of Interstate 5, south of Bakersfield - STAFF RECOMMENDATION: ADOPT NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE MODIFICATION OF CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE ORIGINAL CONDITIONS WITH MODIFICATION OF ORIGINAL CONDITIONS (2)(H), (2)(G), (4)(D), (4)(E), (4)(F), AND (6) AND APPROVAL OF THE RESTRUCTURING PHASING AS PROPOSED; AND ADOPT THE FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Negative Declaration (MMMP) - (SD #4) - Skydive San Joaquin Valley HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVED MODIFICATION OF CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE ORIGINAL CONDITIONS WITH MODIFICATION OF ORIGINAL CONDITIONS (2)(H), (2)(G), (4)(D), (4)(E), (4)(F), AND (6) AND APPROVED THE RESTRUCTURING PHASING AS PROPOSED; AND ADOPTED THE FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION. CA-11. CONDITIONAL USE PERMIT #61, MAP #101 - A Modification of Conditional Use Permit 61, Map 101 (Resolution 75-05; approved March 24, 2005) which authorized an equestrian facility and caretaker's unit (Section ) in an A-1 (Limited Agriculture) District, to allow revisions in the adopted conditions of approval to include, but not be limited to, the deletion of the deadline of June 1, Johnson Road, western Rosedale area of Bakersfield - STAFF RECOMMENDA- TION: APPROVE AMENDMENT OF CONDITIONS (8), (9), AND (14) AS RECOMMENDED BY STAFF, SUBJECT TO THE ORIGINAL CONDITIONS OF APPROVAL; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section (SD #4) - MARE Riding Center by Deborah Durkan (PP10269) HEARING Summary of Proceedings (PC) - May 13, 2010 Page 5

6 OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; APPROVED AMENDMENT OF CONDITIONS (8), (9), AND (14) AS RECOMMENDED BY STAFF, SUBJECT TO THE ORIGINAL CONDITIONS OF APPROVAL; AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION. REQUEST FOR ENFORCEMENT PROCEEDINGS: 12. CONDITIONAL USE PERMIT #1, MAP #113 - A review of this Conditional Use Permit (Resolution 18-89; approved February 9, 1989) which allowed a surface mining and reclamation plan in the A-1 MH (Limited Agriculture - Mobilehome Combining) District, to consider revocation and various enforcement actions pursuant to Section and Section of the Kern County Ordinance Code for failure of the mine operator (Langley-Pacific Resources, LLC) to commence reclamation activities as ordered by the Kern County Planning Director pursuant to Section of the Kern County Ordinance Code - Approximately 8 miles north of the intersection of State Route 14 and Redrock-Randsburg Road, in the El Paso Mountains, west of Garlock - STAFF RECOMMENDATION: CONTINUE TO AUGUST 12, CEQA Guideline: Section (SD #1) - Kern County Planning Department (Mine operator - Langley-Pacific Resources, LLC) THIS CASE WAS CONTINUED TO JULY 8, G. COMMISSION MEMBER ANNOUNCEMENT OR REPORTS COMMISSIONER SPRAGUE AND COMMISSIONER PEREZ ANNOUNCED THAT THE STATE PLANNING COMMISSION CONFERENCE WAS SUCCESSFUL AND INFORMATIVE. MEETING ADJOURNED AT 9:19 p.m. Respectfully submitted, LORELEI H. OVIATT, Secretary KERN COUNTY PLANNING COMMISSION Attest: LETICIA PEREZ, Chairman sc Summary of Proceedings (PC) - May 13, 2010 Page 6