Regular Meeting. 4 Present ROLL CALL: Commissioners: Babcock, Belluomini, Edwards, Martin, Sprague 1 Ab/Ma

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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, November 14, :00 p.m. 4 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 Be/Ba APPROVAL OF MINUTES: October 24, UNANIMOUSLY APPROVED. PUBLIC HEARINGS: CONTINUED CASES: Ba/Be Res. # Res. # ZONE CHANGE CASE #4, MAP #118; CONDITIONAL USE PERMIT #1, MAP #118 - (a) A change in zone classification from A-1 (Limited Agriculture) to A (Exclusive Agriculture) or a more restrictive district; (b) Modification of Conditional Use Permit 1, Map 118 (approved June 8, 1972; Resolution 88-72) which allowed for an oily waste disposal facility (Section H); to allow for the expansion of an existing nonhazardous oil production and/or oily waste disposal facility in an A (Exclusive Agriculture) District - Approximately one mile south of the unincorporated community of McKittrick, 30 miles west of the City of Bakersfield - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND TO THE BOARD OF SUPERVISORS TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM APPROVING ZONE CHANGE AS REQUESTED; APPROVE MODIFICATION OF CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Environmental Impact Report (MMMP) - (SD #4) - Liquid Waste Management, Inc. by AECOM (PP12237) (Continued from September 26, 2013; October 24, 2013) TOM FRANZ, WITH THE ASSOCTATION OF IRRITATED RESIDENTS, STATED CONCERN WITH THE ENVIRONMENTAL IMPACT REPORT PROVIDED FOR THIS PROJECT AND FELT IT WAS NOT ADEQUATE AND SHOULD BE SENT BACK TO STAFF, AND ASKED FOR A DENIAL. STAFF STATED THE ENVIRONMENTAL IMPACT REPORT HAD PREVIOUSLY BEEN APPROVED FOR AN EXISTING LANDFILL AND THAT THE MODIFICATION MET CEQA GUIDELINES. A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY

2 COMMISSIONER BELLUOMINI RECOMMENDING THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM; APPROVE ZONE CHANGE AS REQUESTED; APPROVE MODIFICATION OF CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. THE MOTION CARRIED. Res. # Res. # Res. # Ba/Ed Res. # Res. # CA-2. ZONE CHANGE CASE #5, MAP #52-2; PRECISE DEVELOPMENT PLAN #2, MAP #52-2; AGRICULTURAL PRESERVE #5 - EXCLUSION - (a) A change in zone classification from A (Exclusive Agriculture) to R-2 PD (Medium-density Residential - Precise Development Combining) or a more restrictive district; (b) A Precise Development Plan for a 60-unit (10 duplex and 10 quadruplex) multifamily housing complex (Section A) in a R-2 PD (Medium-density Residential - Precise Development Combining) District; (c) Exclusion of approximately 12 acres from the boundaries of an Agricultural Preserve - Approximately 1/4 mile south of Highway 46 on the east side of Lamberson Avenue, Lost Hills area - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO APPROVE ZONE CHANGE AS REQUESTED; APPROVE PRECISE DEVELOPMENT IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS; APPROVE EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Section (SD #4) - Swanson Engineering, Inc. (PP14126) (Continued from October 10, 2013) HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS TO APPROVE ZONE CHANGE AS REQUESTED; APPROVE PRECISE DEVELOPMENT IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS; APPROVE EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. 3. CONDITIONAL USE PERMIT #127, MAP #101; ZONE VARIANCE #70, MAP #101 - (a) A Conditional Use Permit to allow a church with a faith-based community center (Section J) and a school (kindergarten through eighth) (Section K.1) in an E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) District; (b) A Zone Variance to allow the construction of a 49-foot, 5-inch-tall church dome and a 52-foot, 4-inch-tall decorative church steeple, where the maximum permitted building height is 35 feet (Section ), in an E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) District - Northeast corner of Stockdale Highway and Driver Road, Bakersfield - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Section (SD #2) - Islamic Center of Bakersfield by Frank Tripichio (PP12007) (Continued from October 24, 2013) STAFF PRESENTATION GIVEN BY SCOTT F. DENNEY, AICP, PLANNING OPERATIONS DIVISION CHIEF. FRANK TRIPICHIO, THE APPLICANT'S REPRESENTATIVE, STATED THEY AGREED WITH STAFF'S RECOMMENDATIONS AND FELT THEY WOULD SERVE THE COMMUNITY AND ADD GROWTH TO BAKERSFIELD, AND ASKED FOR AN APPROVAL TO UNITE THE COMMUNITY. STEVE FLEISHAUER, A LOCAL RESIDENT, STATED CONCERN THE PROPOSED FACILITY WOULD CONFLICIT WITH THE SURROUNDING AGRICULTURAL USES AND ASKED FOR A DENIAL. JOSH HOUSE, A LOCAL RESIDENT, STATED CONCERNS WITH INCREASED TRAFFIC, SAFETY FOR CHILDERN AND ANIMALS, AND THE PROJECT'S EFFECT ON PROPERTY VALULES, Summary of Proceedings (PC) -November 14, 2013 Page 2

3 AND ASKED FOR A DENIAL. SCOTT FRITH, A LOCAL RESIDENT, STATED CONCERNS WITH INCREASED TRAFFIC AND DUST, AND THE SECURITY OF LOCAL RESIDENTS, AND ASKED FOR A DENIAL. MR. FRITH SUGGESTED A SEVEN-FOOT-HIGH BLOCK WALL, AS WELL AS THE WIDENING OF DRIVER ROAD TO NORD ROAD. MIKE HART, A LOCAL RESIDENT, STATED CONERNS WITH INCREASED TRAFFIC AND DUST, AND WIDTH OF DRIVER ROAD AND THE SAFETY FOR RESIDENTS, AND ASKED FOR A DENIAL. MARTIN URNER, A LOCAL RESIDENT, STATED CONCERNS WITH WATER AVAILABILITY, THE BUILDING HEIGHT, THE EFFECT ON THE SURROUNDING NEIGHBORHOOD, AND THE LOSS OF VIEWSHED, AND ASKED THE COMMISSION TO DENY. SHAKIL PATEL, THE APPLICANT'S ARCHITECT, THANKED STAFF AND STATED THE DESIGN MET WITH THE HEIGHT AND NOISE REQUIREMENTS, THEY WOULD PAY TRANSPORTATION IMPACT FEES FOR ROAD IMPROVEMENTS, HOWEVER, THE BLOCK WALL COULD NOT BE PLACED WITHIN THE UTILITY EASEMENT, AND ASKED FOR AN APPROVAL. MOHAMMAD GORIA, A LOCAL RESIDENT, STATED THE COMMUNITY HAD GROWN AND NEEDED THIS FACILITY AND FELT THIS WOULD BE GOOD FOR THE COMMUNITY, AND ASKED FOR AN APPROVAL. REEMA HAMMAD, A LOCAL RESIDENT/CIVIL ENGINEER, STATED THE WATER WELL WAS OWNED BY THE PROPERTY OWNER AND FELT THE PROJECT WOULD ADD TO THE GROWING COMMUNITY, AND ASKED FOR AN APPROVAL. FRANK TRIPICHIO, THE APPLICANT'S REPRESENTATIVE, STATED THEY HAD MET WITH LOCAL RESIDENTS AND FELT THEY HAD ADDRESSED CONCERNS RAISED ADDITIONALLY THE RECOMMENDED CONDITIONS OF APPROVAL WOULD PROVIDE THE NECESSARY ASSURANCES FOR THE DEVELOPMENT, AND REITERATED THE PROJECT WOULD BE GOOD FOR THE COMMUNITY AND ALLOW THEM GROWTH. THEREFORE, HE ASKED FOR THE COMMISSION'S SUPPORT. SCOTT FRITH, A LOCAL RESIDENT, ADDRESSED THE BLOCK WALL PLACEMENT ON THE NORTH SIDE. SHAKIL PATEL, THE APPLICANT'S ARCHTECT, STATED THEY WOULD WORK WITH STAFF AND THE UTILITY COMPANY AND AGREED THE BLOCK WALL PLACEMENT SHOULD BE OUTSIDE THE UTILITIES' EASEMENT. SCOTT FRITH, A LOCAL RESIDENT, CONCURRED. WARREN MAXWELL, WITH THE KERN COUNTY ROADS DEPARTMENT, STATED THERE HAD BEEN A TRAFFIC STUDY AND MET THE REQUIREMENTS, THE WATER DISTRICT EASEMENT WAS NOT FOR USAGE BY RESIDENTS AS A DRIVEWAY, ALSO THE APPLICANT WOULD PAY THEIR PORTION OF TRANSPORTATION IMPACT FEES, AND REITERATED THAT DRIVER ROAD WAS NOT A COUNTY-MAINTAINED ROAD. STAFF RECOMMENDED REVISION TO THE FOLLOWING CONDITIONS TO READ AS FOLLOWS: "(4)(L) SUBMIT A LETTER TO THE KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT FROM PACIFIC GAS AND ELECTRIC INDICATING THEIR REVIEW AND APPROVAL OF THE PROPOSED PARKING FACILITY AND ANY MASONRY WALL LOCATED WITHIN THE 50-FOOT-WIDE PIPELINE EASEMENT THAT TRAVERSES THE PROJECT SITE. (6)(H) WHEN ADJACENT TO PROPERTY ZONED FOR SINGLE-FAMILY RESIDENTIAL PURPOSES, A SIX- (6-) FOOT-HIGH SOLID MASONRY WALL) SHALL BE CONSTRUCTED BETWEEN THE PROPOSED DEVELOPMENT AND THE ADJACENT PROPERTY OUTSIDE OF THE BUCKAROO WATER SYSTEM EASEMENT. THE WALL HEIGHT SHALL BE REDUCED TO FOUR (4) FEET WITHIN THE REQUIRED FRONT-YARD SETBACK AREA. (6)(I) ALL WALLS AND FENCES SHALL BE APPROVED BY THE DIRECTOR OF THE KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT PRIOR TO INSTALLATION. THAT PORTION OF ANY MASONRY WALL WITHIN THE 50-FOOT-WIDE UTILITY EASEMENT SHALL ALSO BE Summary of Proceedings (PC) -November 14, 2013 Page 3

4 NEW CASES: APPROVED BY PACIFIC GAS AND ELECTRIC." COMMISSIONER BELLUOMINI FELT THE APPLICANT WOULD PAY FOR CHANGES, AND AGREED WITH THE REQUIRED BLOCK WALL FOR SAFETY PURPOSES AND COULD SUPPORT. COMMISSIONER EDWARDS VOICED SUPPORT AND FELT THE PROPOSAL WOULD BE GOOD FOR THE COMMUNITY. COMMISSIONER BABCOCK THANKED THE APPLICANT AND STAFF AND CONCURRED WITH HIS FELLOW COMMISSION. A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER EDWARDS APPROVING IN ACCORDANCE WITH THE RECOMMENDED REVISED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. THE MOTION CARRIED. Ba/Be Ba/Be 4. GENERAL PLAN AMENDMENT #2, MAP #114; GENERAL PLAN AMENDMENT #3, MAP #133; GENERAL PLAN AMENDMENT #2, MAP #134; GENERAL PLAN AMENDMENT #2, MAP #135; GENERAL PLAN AMENDMENT #3, MAP #152; ZONE CHANGE CASE #3, MAP #114; ZONE CHANGE CASE #13, MAP #133; ZONE CHANGE CASE #9, MAP #152; CONDITIONAL USE PERMIT #1, MAP #114; CONDITIONAL USE PERMIT #2, MAP #114; CONDITIONAL USE PERMIT #13, MAP #133; CONDITIONAL USE PERMIT #14, MAP #133; CONDITIONAL USE PERMIT #4, MAP #134; CONDITIONAL USE PERMIT #1, MAP #135; CONDITIONAL USE PERMIT #12, MAP #152; CONDITIONAL USE PERMIT #13, MAP #152; CANCELLATION # (a) Amend the Circulation Element of the Kern County General Plan to eliminate future road reservations along various section and midsection lines within Sections 27, 28, 31, 32, and 33 of T29S, R39E; Sections 13, 23, 27, 28, 33, and 34 of T30S, R37E; Section 18 of T30S, R38E; Section 5 of T30S, R39E; and Section 11 of T31S, R37E, MDB&M; (b) A change in zone classification from A-1 MH (Limited Agriculture - Mobilehome Combining) to A (Exclusive Agriculture) or a more restrictive district within Map 114; (c) A change in zone classification from E (20) RS (Estate - 20 acres - Residential Suburban Combining) to A (Exclusive Agriculture) on 21 acres, and from A-1 (Limited Agriculture) to A (Exclusive Agriculture) on 662 acres or more restrictive districts within Map 133; (d) A change in zone classification from A-1 (Limited Agriculture) to A (Exclusive Agriculture) on 23 acres or a more restrictive district within Map 152; (e) Conditional Use Permits to allow the construction and operation of solar electrical generating facilities (Section G) in an A (Exclusive Agriculture) District within Maps 114, 133, 134, 135, and 152; (f) Conditional Use Permits to allow for the construction and operation of temporary concrete batch plans (Section G) in an A (Exclusive Agriculture) District within Maps 114 and 152; (g) Cancellation of a 3,318-acre portion of a Williamson Act Land Use Contract - Southeast of Mojave, northwest of California City, bounded by State Route 14 and Redrock-Randsburg Road in the Fremont Valley area - STAFF RECOMMENDATION: CONTINUE TO DECEMBER 12, Environmental Review: Environmental Impact Report (MMMP) - (SD #1 and #2) - Fremont Valley Preservation Water Bank and Solar Project by AquaHelio Resources, LLC by McIntosh and Associates (PP12288) THIS CASE WAS CONTINUED TO DECEMBER 12, ZONE CHANGE CASE #52, MAP #196; ZONE CHANGE CASE #10, MAP #196-17; CONDITIONAL USE PERMIT #55, MAP #196; CONDITIONAL USE PERMIT #12, MAP # (a) A change in zone classification from C-2 PD (General Commercial - Precise Development Combining), MP FPS (Mobilehome Park - Floodplain Secondary Combining), and M-2 PD (Medium Industrial - Precise Development Combining) to A (Exclusive Agriculture) and A FPS (Exclusive Agriculture - Floodplain Secondary Combining)or more restrictive districts on Summary of Proceedings (PC) -November 14, 2013 Page 4

5 262 acres within Map 196; (b) A change in zone classification from A-1 FPS (Limited Agriculture - Floodplain Secondary Combining) and M-3 PD FPS (Heavy Industrial - Precise Development Combining - Floodplain Secondary Combining) to A (Exclusive Agriculture) and A FPS (Exclusive Agriculture - Floodplain Secondary Combining) or more restrictive districts on 167 acres within Map ; (c) A Conditional Use Permit to allow construction and operation of a solar electrical generating facility (Section G) in an A (Exclusive Agriculture) and A FPS (Exclusive Agriculture - Floodplain Secondary Combining) Districts in Zone Map 196; (d) A Conditional Use Permit to allow construction and operation of a solar electrical generating facility (Section G) in an A (Exclusive Agriculture) and A FPS (Exclusive Agriculture - Floodplain Secondary Combining) Districts in Zone Map Southwest of the unincorporated community of Mojave - STAFF RECOMMENDATION: CONTINUE TO JANUARY 23, Environmental Review: Environmental Impact Report (MMMP) - (SD #2) - RE Yakima Solar Project/RE Yakima, LLC and RE Clearwater Solar Project/RE Clearwater, LLC by Recurrent Energy (PP13266) THIS CASE WAS CONTINUED TO JANUARY 23, BA/Ed 1 Abd/Be Res. # CA-6. ZONE CHANGE CASE #4, MAP # A change in zone classification from A-1 (Limited Agriculture) to A (Exclusive Agriculture) or a more restrictive district Highway 178, Weldon - STAFF RECOMMENDATION: ADVISE THE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Section 15061(b)(3) - (SD #1) - Weldon United Methodist Church by Dale Creighton 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 AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. Res. # Res. # CA-7. CA-8. ZONE CHANGE CASE #67, MAP #165 - A change in zone classification from A (Exclusive Agriculture) to E (5) RS (Estate - 5 acres - Residential Suburban Combining) or a more restrictive district - East side of the southern terminus of Descanso Street, southwest of the Golden Hills area - STAFF RECOMMENDA- TION: ADVISE THE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS ADOPT MITIGATED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE ZONE CHANGE AS REQUESTED; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Negative Declaration (MMMP) - (SD #2) - Howard Jackson and Gary Gardner by Donald E. Ward Engineering (PP09231) HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS ADOPT MITIGATED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE ZONE CHANGE AS REQUESTED; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. CONDITIONAL USE PERMIT #38, MAP #167 - To allow the burning of waste-derived fuels in conjunction with other existing fuels as part of ongoing operations at an existing cement plant (Section H) in a M-3 (Heavy Industrial) District East Tehachapi Boulevard, 1/2 mile north of State Route 58 and three miles east of the City of Tehachapi - STAFF RECOMMENDATION: CERTIFY ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE Summary of Proceedings (PC) -November 14, 2013 Page 5

6 Res. # CA-9. MONITORING PROGRAM; APPROVE CONDITIONAL USE PERMIT SUBJECT TO RECOMMENDED CONDITIONS; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Environmental Impact Report (MMMP) - (SD #2) - Lehigh Alternative Fuels Project by Lehigh Southwest Cement Company (PP12277) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; CERTIFIED ENVIRONMENTAL IMPACT REPORT; ADOPTED SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTED MITIGATION MEASURE MONITORING PROGRAM; APPROVED CONDITIONAL USE PERMIT SUBJECT TO RECOMMENDED CONDITIONS; ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. CONDITIONAL USE PERMIT #2, MAP #204 - To allow a 150-foot-tall faux windmill design wireless telecommunications facility with associated equipment shelter (Section F) in an A (Exclusive Agriculture) District - Approximately 1.3 miles west of Old River Road and Highway 166 in the Maricopa area - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Section (SD #4) - Fresno MSA L.P. dba Verizon Wireless by Complete Wireless Consulting (PP14135) 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. # Res. # Ba/Be CA-10. CONDITIONAL USE PERMIT #6, MAP #33 - To allow a 150-foot-tall monopole wireless communication facility with associated equipment shelter (Section F) in an A FP (Exclusive Agriculture - Floodplain Combining) District Whistler Road, Wasco - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Section (SD #1) - AT&T Mobility/American Tower Corporation by SureSite Consulting Group, LLC (PP14134) 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. CA-11. CONDITIONAL USE PERMIT #13, MAP #78 - To allow a 150-foot-tall monopole wireless communication facility with associated equipment shelter (Section F) in an A (Exclusive Agriculture) District Magnolia Avenue, Shafter - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Section (SD #4) - AT&T Mobility/American Tower Corporation by SureSite Consulting Group, LLC (PP14136) 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. 12. CONDITIONAL USE PERMIT #10, MAP #80 - To allow a 100-foot-tall monopole wireless telecommunications facility with associated equipment shelter (Section F) in an A H (Exclusive Agriculture - Airport Approach Height Combining) District - East side of State Highway 99, north of Road 5039 in the Summary of Proceedings (PC) -November 14, 2013 Page 6

7 Shafter area - STAFF RECOMMENDATION: CONTINUE TO DECEMBER 12, Environmental Review: Section (SD #1) - AT&T Mobility/American Tower Corporation by Sure-Site Consulting (PP14130) THIS CASE WAS CONTINUED TO DECEMBER 12, Res. # Res. # Res. # Res. # CA-13. CONDITIONAL USE PERMIT #48, MAP #81 - To allow the expansion of an existing community or regional correctional and similar involuntary detention facility (Section I), at the Lerdo Jail Facility in an A (Exclusive Agriculture) District Industrial Farm Road, approximately 2.5 miles east of State Route 99, west of State Route 65, three miles southeast of Shafter, and five miles northeast of Bakersfield - STAFF RECOMMENDATION: CERTIFY ENVIRONMENTAL IMPACT REPORT, ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM APPROVING CONDITIONAL USE PERMIT SUBJECT TO RECOMMENDED CONDITIONS; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Environmental Impact Report (MMMP) - (SD #1) - Kern County Sheriff's Office (PP13224) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; CERTIFIED ENVIRONMENTAL IMPACT REPORT, ADOPTED SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTED MITIGATION MEASURE MONITORING PROGRAM APPROVING CONDITIONAL USE PERMIT SUBJECT TO RECOMMENDED CONDITIONS; ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. CA-14. TRACT # Vesting Tentative Tract Map No proposing to divide a acre site into 68 residential lots ranging in size from 11,712 square feet (net) to 24,197 square feet (net) and a 42,186-square-foot (net) sump lot; three limited design variations - Southeast corner of Snow Road and Quail Creek Road in the northwest Bakersfield area - STAFF RECOMMENDATION: ADOPT REVISED MITIGATION MEASURE MONITORING PROGRAM; APPROVE VESTING TENTATIVE TRACT MAP, WITH THE ASSOCIATED LIMITED DESIGN VARIATIONS, IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS OF APPROVAL AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Negative Declaration (MMMP) - (SD #1) - Norris Road, LLC by McIntosh and Associates HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; ADOPTED REVISED MITIGATION MEASURE MONITORING PROGRAM; APPROVED VESTING TENTATIVE TRACT MAP, WITH THE ASSOCIATED LIMITED DESIGN VARIATIONS, IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS OF APPROVAL AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. 15. CONDITIONAL USE PERMIT #19, MAP #102-1; ZONE VARIANCE #19, MAP # (a) A Conditional Use Permit to allow a 85-foot-tall monopine wireless communications facility with associated equipment shelter (Section F) in a C-2 PD (General Commercial - Precise Development Combining) District; (b) A Zone Variance to allow the elimination of the requirement to submit a landscape plan for a new facility that is located within a 1/4 mile of residentially and commercially zoned areas (Section A.9) in a C-2 PD (General Commercial - Precise Development Combining) District - Northeast corner of West China Grade Loop and Airport Drive, Bakersfield - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Section and Section 15061(b)(3) - Summary of Proceedings (PC) -November 14, 2013 Page 7

8 (SD #1) - AT&T by Vance Pomeroy (PP14117) VANCE POMEROY, THE APPLICANT'S REPRESENTATIVE, STATED THEY AGREED WITH STAFF'S RECOMMENDATION, AND AKSED FOR AN APPROVAL. A MOTION WAS MADE BY COMMISSIONER BELLUOMINI AND A SECOND BY COMMISSIONER EDWARDS APPROVING IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. THE MOTION CARRIED. Res. # Res. # Res. # Res. # CA-16. CONDITIONAL USE PERMIT #17, MAP #125 - To allow a 120-foot-tall monopole wireless communication facility with associated equipment shelter (Section F) in an A (Exclusive Agriculture) District Mountain Valley Road, Bakersfield - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Section (SD #5) - AT&T Mobility/American Tower Corporation by SureSite Consulting Group, LLC (PP14133) 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. CA-17. CONDITIONAL USE PERMIT #33, MAP #144; ZONE VARIANCE #17, MAP #144 - (a) A Conditional Use Permit to allow a 70-foot-tall monopine wireless communications facility with associated equipment shelter (Section F), in an A (Exclusive Agriculture) District; (b) A Zone Variance to allow the elimination of the requirement to submit a landscape plan for a new facility that is located within a 1/4 mile of a residentially zoned area (Section A.9), in an A (Exclusive Agriculture) District - Southwest corner of Tejon Highway and Russell Avenue, north of Arvin - STAFF RECOMMENDATION: APPROVE CONDITIONAL USE PERMIT SUBJECT TO RECOMMENDED CONDITIONS; APPROVE ZONE VARIANCE SUBJECT TO RECOMMENDED CONDITIONS; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Section and Section 15061(b)(3) - (SD #2) - AT&T by Vance Pomeroy (PP14116) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; APPROVED CONDITIONAL USE PERMIT SUBJECT TO RECOMMENDED CONDITIONS; APPROVED ZONE VARIANCE SUBJECT TO RECOMMENDED CONDITIONS; ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. CA-18. CONDITIONAL USE PERMIT #31, MAP # To allow a church with an associated community center (Section G) in an R-1 (Low-density Residential) District Habecker Road, Lamont - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Section (SD #5) - Templo Sinai Asambleas de Dios (PP14128) 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. REQUEST FOR MODIFICATION OF CONDITIONAL USE PERMIT: CA-19. CONDITIONAL USE PERMIT #9, MAP # A Modification of Conditional Use Permit 9, Map (approved May 11, 1989; Resolution 72-89), which Summary of Proceedings (PC) -November 14, 2013 Page 8

9 Res. # allowed construction of school district administrative offices as a public facility (Section J), to expand the permitted boundary and construct an additional 6,880-square-foot office space as a public facility and associated off-street parking (Section J) in an E (5) RS (Estate - 5 acres - Residential Suburban Combining) District Old Farm Road, Bakersfield - STAFF RECOMMENDATION: APPROVE MODIFICATION OF CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Section 15301(e)(2) - (SD #4) - Rosedale Union School District by Swanson Engineering, Inc. (PP14129) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; APPROVED MODIFICATION OF CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. G. MISCELLANEOUS: Ba/Ed 20. Appointment of Nominating Committee - Planning Commission Officers for Calendar Year 2014 COMMISSIONER SPRAGUE NOMINATED HIMSELF AND MARTIN TO CHAIR THE NOMINATING COMMITTEE. H. COMMISSION MEMBER ANNOUNCEMENT OR REPORTS MEETING ADJOURNED AT 9:15 p.m. Respectfully submitted, LORELEI H. OVIATT, Secretary KERN COUNTY PLANNING COMMISSION Attest: RON SPRAGUE, Chairman sc Summary of Proceedings (PC) -November 14, 2013 Page 9