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

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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, April 14, :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 and Community Development 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/Ba APPROVAL OF MINUTES: March 24, UNANIMOUSLY APPROVED. PUBLIC HEARINGS: CONTINUED CASES: Res. # CONDITIONAL USE PERMIT #3, MAP # To allow (a) an animal shelter for a maximum of 350 cats, five dogs, and eight hooved animals (Section L) and (b) a cargo container as an accessory structure (Section L) in an E (2 1/2) RS FPS (Estate - 2 1/2 acres - Residential Suburban Combining - Floodplain Secondary Combining) District S. Gateway Boulevard, east side of Gateway Boulevard, south of Dolphin Street, Ridgecrest - STAFF RECOMMENDATION: APPROVE ANIMAL SHELTER AND ASSOCIATED CARGO CONTAINER FOR A TEMPORARY TWO-YEAR PERIOD OF TIME AND A MAXIMUM OF 30 ANIMAL SHELTER CATS 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) - D & S Loving Animal Rescue by Dawn Watchus (PP11252) HEARING OPENED. STAFF PRESENTATION GIVEN BY SCOTT F. DENNEY, AICP, PLANNING OPERATIONS DIVISION CHIEF. BRUCE WAGMAN, THE APPLICANT'S REPRESENTATIVE, SUBMITTED LETTERS THAT WERE RECEIVED AND FILED. MR. WAGMAN STATED THE RESCUE'S ULTIMATE GOAL WOULD BE TO FIND HOMES FOR THE CATS AND EVENTUALLY CLOSE DOWN, HOWEVER, DUE TO MAJOR DAMAGES AT THEIR CURRENT LOCATION THEY WERE FORCED TO RELOCATE TO THIS NEW SITE THUS REQUIRING A CONDITIONAL USE PERMIT. MR. WAGMAN STATED THE RESCUE HAD BEEN INSPECTED ON

2 NUMEROUS OCCASSIONS BY THE RIDGECREST ANIMAL CONTORL WITH NO COMPLAINTS ON RECORD. ALSO, THAT THE RESCUE WAS MAINTAINED IN CLEAN PRESTINE CONDITIONS, WITH VETERINARY RECORDS OF ALL THE ANIMALS ON SITE, FULL-TIME STAFF OF VOLUNTEERS, AND 24-HOUR VETERINARY SERVICE AVAILABLE. MR. WAGMAN STATED THAT PRIOR TO THE PURCHASE OF THE NEW PROPERTY SITE THE APPLICANT HAD CONSULTED WITH THE COUNTY ABOUT THEIR PLANS FOR THE RESCUE AND WERE TOLD THERE SHOULD BE NO PROBLEMS; AND YET THE RECOMMENDATION IS TO DENY THE REQUEST. MR. WAGMAN ASKED THE COMMISSION TO PLEASE KEEP IN MIND THE RESCUE'S MAIN COMMITMENT IS TO THE CATS AND THEY WERE WILLING TO ACTIVELY WORK WITH THE NEIGHBORS TO REDUCE PROBLEMS OF CONCERNS, AND ASKED THE COMMISSION TO APPROVE THE ORIGINAL PROPOSAL. RONALD ROSS, A LOCAL RESIDENT, STATED CONCERNS WITH THE ENFORCEMENT OF CONDITIONS OF APPROVAL AND THE NEGATIVE EFFECT OF A BUSINESS IN A RESIDENTIAL AREA. DANIEL CARRENO, A LOCAL RESIDENT, STATED OPPOSITION TO HAVING A BUSINESS IN A RESIDENTIAL AREA. PETER LESNIAK, A LOCAL RESIDENT, STATED OPPOSITION TO HAVING 350 CATS NEXT DOOR AND SUPPORTED STAFF'S RECOMMENDATION. BOB MILLSOD, A LOCAL RESIDENT, STATED HE VOLUNTEERED AT THE RESCUE AND PREPARED AND CLEANED KENNELS DAILY AND ASKED THE COMMISSION TO APPROVE THE PROJECT AS REQUESTED. GAIL PAULL, A LOCAL RESIDENT AND VOLUNTEER, STATED SHE WAS PRESENT WHEN ANIMAL CONTROL VISITED THE RESCUE AND THERE WAS ONLY THE SMELL OF CLEANING SOLUTION AND PET RECORDS WERE KEEP UP TO DATE ON SITE. FRANCOISE MORIARTY, A LOCAL RESIDENT, STATED SHE VOLUNTEERED AT THE RESCUE AND IT WAS ALWAYS KEPT CLEAN AND THE COUNTY NEEDED MORE SHELTERS LIKE THIS ONE WHO TRULY CARED ABOUT SAVING THEIR ANIMALS AND DOING AN IMPROTANT WORK IN THE COMMUNITY, AND ASKED FOR APPROVAL OF THE PROJECT AS REQUESTED. JUDY COTE, A LOCAL RESIDENT, STATED SHE VOLUNTEERED AT THE RESCUE AND CLEANS, LAUNDRIES, AS WELL AS PLAY WITH THE CATS AND FELT THE COMMISSION SHOULD APPROVE THE PROJECT AS REQUESTED. KATHY CLARK, A LOCAL RESIDENT, STATED SHE VOLUNTEERED AT THE RESCUE AND NEVER NOTICED ANY ODOR AND ASKED FOR APPROVAL OF THE REQUEST. DEBBY COBBY, A LOCAL RESIDENT AND VOLUNTEER, STATED THEY MAINTAINED A CLEAN AND HEALTHY ENVIRONMENT AND LOVED ALL THE CATS, AND ASKED THAT THE COMMISSION APPROVE THE PROJECT AS REQUESTED. JASON KING, A LOCAL RESIDENT, STATED HE VOLUNTEERED AT THE RESCUE AND IT HAD HELPED CHANGE HIS LIFE BY GIVING HIM DIRECTION AND PURPOSE AND FELT THE PROJECT SHOULD BE APPROVED AS REQUESTED. DEBBY PALL, A LOCAL RESIDENT, STATED SHE VOLUNTEERED AT THE RESCUE AND HAD PURCHASED THE NEW PROJECT SITE FOR THE RELOCATION OF THE RESCUE WITH THE INTENTIONS THAT THE PROPERTY WOULD BE OCCUPIED AND KEPT CLEAN AND MAINTAINED, AND HAD CONFIDENCE IN THE APPLICANT TO COMPLY. DAWN WATCHUS, THE APPLICANT, STATED ADULT CATS ARE NOT EASILY ADOPTED AND WOULD BE WILLING TO WORK WITH OTHER RESCUES TO GET THEM ALL ADOPTED, HOWEVER, IF THE FACILITY WERE TO BE SHUT DOWN THAT WOULD MEAN EUTHANASIA Summary of Proceedings (PC) - April 14, 2011 Page 2

3 OF OVER 350 CATS AND THAT IS SOMETHING NOBODY WANTS TO SEE HAPPEN. MS. WATCHUS, ALSO STATED THAT WITH THIS CONDITIONAL USE PERMIT THE RESCUE WOULD HAVE THE TIME TO GET BACK ON ITS FEET AND CONTINUE TO MEET THEIR GOAL OF PLACING THE CATS IN PERMENANT HOMES AND ELIMINATING THE OPERATION COMPLETELY. BRUCE WAGMAN, THE APPLICANT'S REPRESENTATIVE, STATED THEIR APPRECIATION OF THE COMMISSION AND THAT THE RESCUE PROVIDED A VALUABLE SERVICE TO THE RIDGECREST COMMUNITY AND ASKED THAT THEY RECONSIDER THE ORIGINAL PROPOSAL FOR APPROVAL AND ALLOW THEM TO CONTINUE OPERATING AND TO BE SOMETHING KERN COUNTY COULD BE PROUD OF. MR. WAGMAN CONCLUDED BY THANKING THE COMMISSION AGAIN. KIM MULLINS, WITH THE KERN COUNTY PUBLIC HEALTH SERVICES DEPARTMENT/ANIMAL CONTROL DIVISION, STATED THEY HAD VISITED ON ONE OCCASION AND FOUND THE FACILITY CLEAN AND ALL ANIMALS WELL CARED FOR, HOWEVER, THE CITY OF RIDGECREST HAD JURISDICTION OVER THE CURRENT LOCATION AND HAD CONDUCTED SEVERAL SITE VISITS; FURTHERMORE KERN COUNTY ANIMAL CONTROL SITE VISITS WOULD DEPEND ON THE APPROVED CONDITIONS OF APPROVAL. COMMISSIONER BABCOCK COMMENDED THE RESCUE FOR PROVIDING A GOOD SERVICE, HOWEVER, FELT IT WOULD BE DIFFICULT TO CONTROL THE NUMBER OF CATS TAKEN IN AND AGREED WITH STAFF'S RECOMMENDATION. COMMISSIONER MARTIN COMMENDED THE APPLICANT ON PROVIDING A NEEDFUL SERVICE, HOWEVER, FELT A RESCUE IN RESIDENTIAL LOCATION WAS INCOMPATIBLE AND AGREED WITH STAFF'S RECOMMENDATION. COMMISSIONERS SPRAGUE AND BELLUOMINI BOTH AGREED WITH STAFF'S RECOMMENDATION, AS WELL. NEW CASES: A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER SPRAGUE TO APPROVE ANIMAL SHELTER AND ASSOCIATED CARGO CONTAINER FOR A TEMPORARY TWO-YEAR PERIOD OF TIME AND A MAXIMUM OF 30 ANIMAL SHELTER CATS IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. THE MOTION CARRIED. Res. #44-11 Res. #45-11 Res. #46-11 Res. # ZONE CHANGE CASE #5, MAP #42; ZONE CHANGE CASE #8, MAP #42-21; ZONE CHANGE CASE #14, MAP #42-22; AGRICULTURAL PRESERVE #15 - INCLUSION - (a) A change in zone classification from A-1 MH (Limited Agriculture - Mobilehome Combining) to A FPS (Exclusive Agriculture - Floodplain Secondary Combining), A-1 MH FPS (Limited Agriculture - Mobilehome Combining - Floodplain Secondary Combining), and FPP (Floodplain Primary) or more restrictive districts; (b) A change in zone classification from A-1 MH (Limited Agriculture - Mobilehome Combining) to A FPS (Exclusive Agriculture - Floodplain Secondary Combining), and A-1 MH FPS (Limited Agriculture - Mobilehome Combining - Floodplain Secondary Combining) or more restrictive districts; (c) A change in zone classification from A (Exclusive Agriculture) to A FPS (Exclusive Agriculture - Floodplain Secondary Combining) and A-1 MH FPS (Limited Agriculture - Mobilehome Combining - Floodplain Secondary Combining) or more restrictive districts; (d) Inclusion of approximately acres within the boundaries of an Agricultural Summary of Proceedings (PC) - April 14, 2011 Page 3

4 Preserve - North side of Highway 178 at Vista Grande Drive, South Lake Isabella area - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO APPROVE: (A) ZONE CHANGE TO FPP (FLOODPLAIN PRIMARY) AS PROPOSED; (B) APPROVAL OF THE MORE RESTRICTIVE A FPS (EXCLUSIVE AGRICUL- TURE - FLOODPLAIN SECONDARY COMBINING) DISTRICT OVER THE REMAINING BALANCE OF THE SITE, AS RECOMMENDED BY STAFF; (C) INCLUSION OF APPROXIMATELY 180 ACRES INTO THE BOUNDARIES OF AGRICULTURAL PRESERVE 15; AND (D) ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Section 15061(b)(3) - (SD #1) - David Prince by E & R Surveying (PP11263) HEARING OPENED. STAFF PRESENTATION GIVEN BY SCOTT F. DENNEY, AICP, PLANNING OPERATIONS DIVISION CHIEF. DAVID PRINCE, THE APPLICANT, STATED THE PROPERTY HAD ALWAYS BEEN IN AGRICULTURAL USE AND AGREED WITH STAFF'S RECOMMENDATION. ERIC SERTIC, THE APPLICANT'S REPRESENTATIVE, AGREED WITH STAFF'S RECOMMENDATION, AS WELL. A MOTION WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER SPRAGUE RECOMMENDING THE BOARD OF SUPERVISORS APPROVE: (A) ZONE CHANGE TO FPP (FLOODPLAIN PRI- MARY) AS PROPOSED; (B) APPROVAL OF THE MORE RESTRICTIVE A FPS (EXCLUSIVE AGRICULTURE - FLOODPLAIN SECONDARY COMBINING) DISTRICT OVER THE REMAINING BALANCE OF THE SITE, AS RECOMMENDED BY STAFF; (C) INCLUSION OF APPROXIMATELY 180 ACRES INTO THE BOUNDARIES OF AGRICULTURAL PRESERVE 15; AND (D) ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. THE MOTION CARRIED. Res. #48-11 CA-3. ZONE CHANGE CASE #26, MAP # A change in zone classification from E (2 1/2) RS MH (Estate - 2 1/2 acres - Residential Suburban Combining - Mobilehome Combining) to E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) or a more restrictive district - North side of Neely Avenue, approximately 1/4 mile east of Backes Lane, Tehachapi - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO APPROVE ZONE CHANGE AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section 15061(b)(3) - (SD #2) - Jon Paschke by Robert G. Hogue, L.S. (PP11266) 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 AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. 4. CONDITIONAL USE PERMIT #17, MAP # To allow a kennel facility with a maximum of 40 dogs (Section K) in an A-1 (Limited Agriculture) District Kernita Road, Bakersfield - STAFF RECOMMENDATION: CONTINUE TO APRIL 28, CEQA Guideline: Section (SD #5) - Jeff and Donna Thompson (PP11268) THIS CASE WAS CONTINUED TO APRIL 28, Summary of Proceedings (PC) - April 14, 2011 Page 4

5 Res. #49-11 CA-5. CONDITIONAL USE PERMIT #47, MAP #81 - To allow the construction of a twomegawatt solar facility on approximately 14 acres (Section G) in an A (Exclusive Agriculture) District Industrial Farm Road, Bakersfield - 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) - Kern County General Services Department (PP11265) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. MEETING ADJOURNED AT 9:03 p.m. Respectfully submitted, LORELEI H. OVIATT, Secretary KERN COUNTY PLANNING COMMISSION Attest: PETE BELLUOMINI, Chairman sc Summary of Proceedings (PC) - April 14, 2011 Page 5