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 10, 2011-7:00 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 APPROVAL OF MINUTES: October 13, 2011 and October 27, 2011. UNANIMOUSLY APPROVED. PUBLIC HEARINGS: CONTINUED CASES: Res. #153-11 Res. #154-11 Res. #155-11 1. SPECIFIC PLAN AMENDMENT #1, MAP #231-3; ZONE CHANGE CASE #1, MAP #231-3; CONDITIONAL USE PERMIT #3, MAP #231-3 - (a) Amend the Willow Springs Specific Plan from Map Code(s) 5.4/4.4 (Residential - Maximum 4 Units/Net Acre - Comprehensive Planning Area) to Map Code(s) 8.5 (Resource Management) or a more restrictive map code designation; (b) A change in zone classification from E (5) RS (Estate - 5 acres - Residential Suburban Combining) to A (Exclusive Agriculture) or a more restrictive district and E (5) RS FPS (Estate - 5 acres - Residential Suburban Combining - Floodplain Secondary Combining) to A FPS (Exclusive Agriculture - Floodplain Secondary Combining) or a more restrictive district; (c) A Conditional Use Permit to allow for the construction and operation of a 20 megawatt (MW) photovoltaic solar energy generation facility (Section 19.12.030.G) on approximately 160 acres in an A (Exclusive Agriculture) District - 65th Street West, between Dawn Road and Favorito Avenue, northeast of Rosamond; being a portion of Section 3, T9N, R13W, SBB&M; unincorporated area of Kern County - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THAT THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE SPECIFIC PLAN AMENDMENT AS REQUESTED; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE MEMORANDUM OF UNDERSTANDING/AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Environmental Impact Report
Res. #156-11 Res. #157-11 Res. #158-11 (MMMP) - (SD #2) - RE Rosamond One by RE Rosamond One, LLC (PP10266) 2. SPECIFIC PLAN AMENDMENT #2, MAP #231-3; ZONE CHANGE CASE #2, MAP #231-3; CONDITIONAL USE PERMIT #4, MAP #231-3 - (a) Amend the Willow Springs Specific Plan from Map Code(s) 5.4/4.4 (Residential - Maximum 4 Units/Net Acre - Comprehensive Planning Area) to Map Code(s) 8.5 (Resource Management) or a more restrictive map code designation; (b) A change in zone classification from E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) to A (Exclusive Agriculture) or a more restrictive district; (c) A Conditional Use Permit to allow for the construction and operation of a 20 megawatt (MW) photovoltaic solar energy generation facility (Section 19.12.030.G) on approximately 160 acres in an A (Exclusive Agriculture) District - 65th Street West, between Dawn Road and Favorito Avenue, northeast of Rosamond; being a portion of Section 3, T9N, R13W, SBB&M; unincorporated area of Kern County - STAFF RECOM- MENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THAT THE BOARD OF SUPERVISORS ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE SPECIFIC PLAN AMENDMENT AS REQUESTED; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE MEMORANDUM OF UNDERSTANDING/AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2) - RE Rosamond Two by RE Rosamond Two, LLC (PP10266) PROJECTS 1 AND 2 WERE HEARD IN TANDUM. STAFF PRESENTATION GIVEN BY CRAIG M. MURPHY, ADVANCED PLANNING DIVISION CHIEF. SETH ISRAEL, THE APPLICANT, THANKED STAFF AND GAVE A BRIEF POWERPOINT PRESENTATION AND ASKED FOR AN APPROVAL. WILLIAM NELSON, A LOCAL RESIDENT, STATED THESE PROJECTS WERE TAX BASED WITH NO JOBS, AND HAD CONCERNS WITH THE LOSS OF VACANT LANDS WITH FRAGILE HABITAT, AND ASKED HOW APPROVAL OF THESE PROJECTS WOULD SERVE THE LOCAL RESIDENTS. MR. NELSON ASKED THAT A MORITORIAM BE PLACED ON FUTURE PROJECTS AND THAT THE COMMISSION DENY THE PROPOSAL. TOM ROSQUIN, A LOCAL RESIDENT, STATED CONCERNS WITH THE LOSS OF PEACE AND QUITE, THEIR VIEWSHED, DUST, AND THE PROPOSED PROJECT'S EFFECT ON PROPERTY VALUES. FORREST SCHERMERHORN, A LOCAL RESIDENT, STATED CONCERNS WITH THE LOSS OF THEIR VIEWSHED, PEACE AND QUITE, THE LOSS OF A VERY OLD JOSHUA TREE, THE PROPOSED PROJECT'S EFFECT ON PROPERTY VALUES, AND ASKED FOR A DENIAL. TERRY WARSAW, WITH THE SIERRA CLUB, STATED CONCERN WITH THE ABANDONMENT OF THE PROJECT SITES AND THE COST TO RECLAIM. BARBARA HARSHE, A LOCAL RESIDENT, SUBMITTED A LETTER THAT WAS RECEIVED AND FILED. MS. HARSHE STATED OPPOSITION TO THE PROPOSAL'S LOCATION AND CONCERN WITH THE ROADS, AND ASKED FOR A DENIAL. TOM SELAHEY, A LOCAL RESIDENT, STATED CONCERN WITH THE PROPOSED PROJECTS' EFFECT ON PROPERTY VALUES AND ASKED FOR A DENIAL. RUSSELL JOHNSON, WITH COMMON SENSE CONSULTING, STATED IN FAVOR OF THE CONSTRUCTION JOBS GENERATED BY THE PROPOSED PROJECT AND THE TAX BENEFITS TO KERN COUNTY. KARA PAULK, WITH CSI CONTRACTORS, STATED THE PROPOSED PROJECTS WOULD PROVIDE NEEDED JOBS IN THIS DOWNTURNED ECONOMY AND SUPPORTED AN APPROVAL. GREG LANSING, A LOCAL RESIDENT, THANKED THE STAFF FOR PROVIDING A COMPREHENSIVE DOCUMENT AND STATED THE PROPOSAL WOULD Summary of Proceedings (PC) - November 10, 2011 Page 2
PROVIDED NEEDED JOBS TO THE COUNTY. CATHY HOUSER, A LOCAL RESIDENT, STATED THE PROPOSED PROJECTS WOULD SAVE THE UNITED STATES' DEPENDENCY ON FOREIGN OILS AND ASKED FOR AN APPROVAL. SETH ISRAEL, THE APPLICANT, STATED DECOMMISSIONING OF THE SITES WOULD BE ADDRESSED PRIOR TO ANY PERMITS BEING ISSUED; THE OLD JOSHUA TREE MENTIONED WOULD BE SAVED BY THE RECONFIGURING OF THE ROAD EASEMENT, AND AGAIN ASKED FOR AN APPROVAL. COMMISSIONER BABCOCK THANKED STAFF AND ALL THOSE WHO ATTENDED AND ASKED THAT THE ROADS BE RESTORED AFTER COMPLETION OF CONSTRUCTION AND SUPPORTED STAFF'S RECOMMENDATION. COMMISSIONER SPRAGUE ASKED ABOUT DUST SUPPRESSION AND SUPPORTED STAFF'S RECOMMENDATION. COMMISSIONER PEREZ FELT GOOD THAT THE OLD JOSHUA TREE WOULD BE SAVED AND THAT THE APPLICANT WOULD BE A GOOD NEIGHBOR AND SUPPORTED THE PROJECT. COMMISSIONER BELLUOMINI FELT THE PROPOSED PROJECT WOULD BE A GOOD USE OF THE LAND AND CONCURRED WITH THE FELLOW COMMISSIONERS AND SUPPORTED THE PROJECT. MOTION FOR PROJECT 1 WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER SPRAGUE RECOMMENDING THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT REVISED SECTION 15091 FINDINGS AND REVISED SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE REVISED MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE SPECIFIC PLAN AMENDMENT AS REQUESTED; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE MEMORANDUM OF UNDERSTANDING/AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. THE MOTION CARRIED. MOTION FOR PROJECT 2 WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER SPRAGUE RECOMMENDING THE BOARD OF SUPERVISORS ADOPT REVISED SECTION 15091 FINDINGS AND REVISED SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE REVISED MITIGATION MEASURE MONITORING PROGRAM; APPROVE SPECIFIC PLAN AMENDMENT AS REQUESTED; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE MEMORANDUM OF UNDERSTANDING/AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. THE MOTION CARRIED. Ba/Pe 3 Ayes 1 No/Sp Res. #159-11 3. CONDITIONAL USE PERMIT #75, MAP #164 - To allow for the construction and operation of a 20 megawatt (MW) photovoltaic solar energy generation facility (Section 19.12.030.G) on approximately 158 acres in an A (Exclusive Agriculture) District - Southwest of Highline Road and Bailey Road, Tehachapi area; being a portion of Section 36, T32S, R31E, MDB&M; unincorporated area of Kern County - STAFF RECOMMENDATION: CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE MEMORANDUM OF UNDERSTANDING/ AGREEMENT AND AUTHORIZE Summary of Proceedings (PC) - November 10, 2011 Page 3
Ba/Pe 3 Ayes 1 No/Sp Res. #160-11 THE BOARD OF SUPERVISORS CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2) - RE Tehachapi Solar by RE Tehachapi Solar, LLC (PP10266) 4. CONDITIONAL USE PERMIT #76, MAP #164 - To allow for the construction and operation of a 20 megawatt (MW) photovoltaic solar energy generation facility (Section 19.12.030.G) on approximately 157 acres in an A (Exclusive Agriculture) District - West of Baumbach Avenue and Bailey Road, Tehachapi area; being a portion of Section 25, T32S, R31E, MDB&M; unincorporated area of Kern County - STAFF RECOMMENDATION: ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE THE BOARD OF SUPERVISORS CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2) - RE Tehachapi Solar 2 by RE Tehachapi Solar 2, LLC (PP10266) PROJECTS 3 AND 4 WERE HEARD IN TANDUM. STAFF PRESENTATION GIVEN BY CRAIG M. MURPHY, ADVANCED PLANNING DIVISION CHIEF. SETH ISRAEL, THE APPLICANT, GAVE A BRIEF POWERPOINT PRESENTATION AND ASKED FOR AN APPROVAL. JOAN HUGGANS, WITH THE CUMMINGS VALLEY PROTECTION ASSOCIATION, STATED CONCERNS WITH THE LOSS OF AGRICULTURAL LAND, AS WELL AS THE LOSS OF ORGANIC PRODUCE PROVIDED TO THE COMMUNITY, AND ASKED FOR A DENIAL. WILLIAM KELLY, A LOCAL RESIDENT, STATED CONCERN WITH THE LOSS OF WATER RIGHTS AND OPPOSED THE PROPOSAL. NANCY THOMPSON, A LOCAL RESIDENT, STATED CONCERNS WITH THE LOSS OF VIEWSHED, AGRICULTURAL LAND CONVERSION, AND OPPOSED THE PROJECT. WILLIAM NELSON, A LOCAL RESIDENT, STATED HE CONCURRED WITH THE CUMMINGS VALLEY PROTECTION ASSOCIATION AND OPPOSED THE CONVERSION OF PRIME AGRICULTURAL LAND, THE LOSS OF WATER RIGHTS, AND FELT THE ZONING FLAWED BY ALLOWING AN INDUSTRIAL USE ON AGRICULTURAL LAND, AND ASKED THAT THE PROPOSAL BE WITHDRAWN OR DENIED. CHUCK BOLES, WITH THE CUMMINGS VALLEY PROTECTION ASSOCIATION, STATED CONCERN WITH THE TYPE OF SOLAR ARRAY STANDS AND THE EFFECT ON THE GROUNDWATER SHED. STEVEN SMITH, A LOCAL RESIDENT, STATED CONCERNS WITH THE LOSS OF VIEWSHED, THE EFFECT THE PROPOSED PROJECT WOULD HAVE ON PROPERTY VALUES, AND WAS OPPOSED TO THE PROJECT LCOATION. CHUCK MACULLAH, A LOCAL RESIDENT, STATED CONCERNS WITH THE LOSS OF AGRICULTURAL LANDS, WATER RIGHTS, AND OPPOSED THE PROJECT. JANICE ARMSTRONG, A LOCAL RESIDENT, STATED HER OPPOSITION TO THE PROPOSAL AND FELT THE APPLICANT WOULD NOT HIRE FROM THE COUNTY'S JOB POOL. TERRY WARSAW, WITH THE SIERRA CLUB, STATED CONCERNS WITH THE LOSS OF PRIME AGRICULTURAL LANDS AND THE LACK OF PERMANENT JOBS PROVIDED BY THE PROPOSED PROJECT IF APPROVED, AS WELL AS THE VISUAL BLIGHT ON THE SURROUNDING COUNTRYSIDE, AND ASKED FOR A DENIAL. SANDY YOUNG, WITH THE STALLION SPRINGS COMMUNITY SERVICES DISTRICT, STATED THEY PROVIDED WATER TO THE COMMUNITY AND FELT THE PROPOSAL WOULD BE A BETTER USE OF LAND VERSUS FARMING WHICH WOULD REQUIRE MORE WATER, AND SUPPORTED THE PROJECT. TOD NAPIER, WITH STALLION SPRINGS COMMUNITY SERVICES DISTRICT, STATED CONCERN WITH THE LACK Summary of Proceedings (PC) - November 10, 2011 Page 4
OF WATER AVAILABLE FOR AGRICULTURAL USES AND FELT THE PROPOSED PROJECT WAS A GOOD USE OF THE LAND, AND SUPPORTED AN APPROVAL. DICK CONSTAND, THE PROPERTY OWNER, STATED THE WATER SITUATION WAS UNRELIABLE, AS WELL AS SO EXPENSIVE THAT HE COULD NOT AFFORD TO CONTINUE FARMING NOR WAS HE ABLE TO SECURE OTHER FARMING ENTITIES TO LEASE THE SITE, AND FELT THE PROPOSED PROJECT WAS A GOOD USE OF THE LAND. GREG LANSING, A LOCAL RESIDENT, STATED HIS SUPPORT OF GREEN ENERGY AND ASKED FOR AN APPROVAL. RUSSELL JOHNSON, WITH COMMON SENSE CONSULTING, STATED IN FAVOR OF THE CONSTRUCTION JOBS GENERATED BY THE PROPOSED PROJECT AND THE TAX BENEFITS TO KERN COUNTY'S ECONOMY. KARA PAULK, WITH CSI CONTRACTORS, STATED THE PROPOSED PROJECTS WOULD PROVIDE NEEDED JOBS IN THIS DOWNTURNED ECONOMY AND SUPPORTED AN APPROVAL. CATHY HOUSER, A LOCAL RESIDENT, STATED THE PROPOSED PROJECTS WOULD SAVE THE UNITED STATES' DEPENDENCY ON FOREIGN OILS AND ASKED FOR AN APPROVAL. SETH ISRAEL, THE APPLICANT, STATED THEY WOULD HIRE LOCALLY FOR CONSTRUCTION JOBS AND WOULD BRING LOCAL TAX BENEFITS TO KERN COUNTY. JOHN MARTIN, WATERMASTER WITH THE WATER BOARD, GAVE A BRIEF ESTIMATE OF FUTURE WATER NEEDS AND WHEN ASKED IF HE WAS IN FAVOR OR OPPOSED TO THE PROPOSAL, CHOSE TO REMAIN NEUTRAL. COMMISSIONER BELLUOMINI HAD CONCERNS WITH THE LACK OF PERMANENT JOBS BEING PROPOSED, THE LACK OF TAXES GENERATED BY ANY PROPERTY IMPROVEMENTS, AND THE CONVERSION OF PRIME AGRICULTURAL LANDS, AND COULD NOT SUPPORT THE PROJECT. COMMISSIONER BABCOCK THANKED STAFF AND WAS NOT OPPOSED TO GREEN ENERGY, HOWEVER, WAS OPPOSED TO THE SOLAR PANELS' EFFECT ON THE VALLEY, AS WELL AS THE HEALTH AND SAFETY OF THE COMMUNITY, AND COULD NOT SUPPORT THE PROJECT. COMMISSIONER SPRAGUE VOICED THE STATE'S UNCERTIANTY OF WATER AVAILABILITY, AS WELL AS THE BENEFITS OF GREEN ENERGY PROVIDED TO THE COMMUNITY AND FELT THE PROPOSED PROJECT WOULD BE A GOOD USE OF THE LAND AND SUPPORTED STAFF'S RECOMMENDATION. COMMISSIONER PEREZ VOICED CONCERN WITH THE PREMATURE CONVERSION OF AGRICULTURAL LAND VERSUS POTENTIAL WATER SHORTAGES FOR THE COMING YEARS AND COULD NOT SUPPORT THE PROJECT. MOTION FOR PROJECT 3 WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER PEREZ, WITH COMMISSIONER SPRAGUE VOTING IN FAVOR OF STAFF'S RECOMMENDATION, TO DISAPPROVE. THE MOTION CARRIED. MOTION FOR PROJECT 4 WAS MADE BY COMMISSIONER BABCOCK AND A SECOND BY COMMISSIONER PEREZ, WITH COMMISSIONER SPRAGUE VOTING IN FAVOR OF STAFF'S RECOMMENDATION, TO DISAPPROVE. THE MOTION CARRIED. Res. #161-11 Res. #162-11 CA-5. ZONE CHANGE CASE #46, MAP #196; CONDITIONAL USE PERMIT #31, MAP #196 - (a) A change in zone classification from A-1 (Limited Agriculture) to A (Exclusive Agriculture) or a more restrictive district; (b) A Conditional Use Permit to allow for the construction and operation of a 20 megawatt (MW) photovoltaic solar energy generation facility (Section 19.12.030.G) on approximately 160 acres in an A (Exclusive Agriculture) District - Southeast of Purdy Avenue and Holt Street, south of Mojave; being a portion of Section 29, T11N, R12W, SBB&M; unincorporated area of Kern County - STAFF RECOMMENDATION: ADVISE PLANNING Summary of Proceedings (PC) - November 10, 2011 Page 5
COMMISSION TO RECOMMEND THAT THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE MEMORANDUM OF UNDERSTANDING/AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2) - RE Columbia by RE Columbia, LLC (PP10266) (Continued from 9/22/11; 10/27/11) HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT REVISED SECTION 15091 FINDINGS AND REVISED SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE REVISED MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE MEMORANDUM OF UNDERSTANDING/ AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. Res. #163-11 Res. #164-11 CA-6. ZONE CHANGE CASE #48, MAP #196; CONDITIONAL USE PERMIT #32, MAP #196 - (a) A change in zone classification from A-1 (Limited Agriculture), R-2 PD (Medium-density Residential - Precise Development Combining), and C-2 PD (General Commercial - Precise Development Combining) to A (Exclusive Agriculture) or a more restrictive district; (b) A Conditional Use Permit to allow for the construction and operation of a 20 megawatt (MW) photovoltaic solar energy generation facility (Section 19.12.030.G) on approximately 160 acres in an A (Exclusive Agriculture) District - Southeast of Purdy Avenue and Holt Street, south of Mojave; being a portion of Section 29, T11N, R12W, SBB&M; unincorporated area of Kern County - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THAT THE BOARD OF SUPERVISORS ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2) - RE Columbia Two by RE Columbia Two, LLC (PP10266) (Continued from 9/22/11; 10/27/11) 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 REVISED SECTION 15091 FINDINGS AND REVISED SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE REVISED MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. Summary of Proceedings (PC) - November 10, 2011 Page 6
Res. #165-11 Res. #166-11 CA-7. ZONE CHANGE CASE #49, MAP #196; CONDITIONAL USE PERMIT #33, MAP #196 - (a) A change in zone classification from A-1 (Limited Agriculture), R-2 PD (Medium-density Residential - Precise Development Combining), and C-2 PD (General Commercial - Precise Development Combining) to A (Exclusive Agriculture) or a more restrictive district; (b) A Conditional Use Permit to allow for the construction and operation of a 10 megawatt (MW) photovoltaic solar energy generation facility (Section 19.12.030.G) on approximately 80 acres in an A (Exclusive Agriculture) District - Southeast of Purdy Avenue and Holt Street, south of Mojave; being a portion of Section 29, T11N, R12W, SBB&M; unincorporated area of Kern County - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THAT THE BOARD OF SUPERVISORS ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2) - RE Columbia 3 by RE Columbia 3, LLC (PP10266) (Continued from 9/22/11; 10/27/11) 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 REVISED SECTION 15091 FINDINGS AND REVISED SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE REVISED MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. Res. #167-11 CA-8. CONDITIONAL USE PERMIT #30, MAP #196 - To allow for the construction and operation of a 5 megawatt (MW) photovoltaic solar energy generation facility (Section 19.14.030.G) on approximately 46 acres in an A-1 (Limited Agriculture) District - West of State Route 14, east of Holt Street, south of Purdy Street, south of Mojave; being a portion of Section 33, T11N, R12W, SBB&M; unincorporated area of Kern County - STAFF RECOMMENDATION: CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE THE BOARD OF SUPERVISORS CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2) - RE Rio Grande by RE Rio Grande, LLC (PP10266) (Continued from 9/22/11; 10/27/11) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; CERTIFIED THE ENVIRONMENTAL IMPACT REPORT; ADOPTED REVISED SECTION 15091 FINDINGS AND REVISED SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTED THE REVISED MITIGATION MEASURE MONITORING PROGRAM; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVED THE MEMORANDUM OF UNDERSTANDING/AGREEMENT AND Summary of Proceedings (PC) - November 10, 2011 Page 7
AUTHORIZED THE BOARD OF SUPERVISORS CHAIRMAN TO SIGN; AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. Res. #168-11 Res. #169-11 Res. #170-11 Res. #171-11 CA-9. ZONE CHANGE CASE #118, MAP #230; CONDITIONAL USE PERMIT #34, MAP #230 - (a) A change in zone classification from A-1 (Limited Agriculture) to A (Exclusive Agriculture) or a more restrictive district; (b) A Conditional Use Permit to allow for the construction and operation of a 5 megawatt (MW) photovoltaic solar energy generation facility (Section 19.12.030.G) on approximately 40 acres in an A (Exclusive Agriculture) District - West of 10th Street West, south of Patterson Road, north of Avenue A, Rosamond area; being a portion of Section 33, T9N, R12W, SBB&M; unincorporated area of Kern County - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THAT THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2) - RE Great Lakes by RE Great Lakes, LLC (PP10266) (Continued from 9/22/11; 10/27/11) HEARING OPENED; THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT REVISED SECTION 15091 FINDINGS AND REVISED SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE REVISED MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE MEMORANDUM OF UNDERSTANDING/AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. CA-10. GENERAL PLAN AMENDMENT #1, MAP #151; CONDITIONAL USE PERMIT #1, MAP #151 - (a) Amend the Circulation Element of the Kern County General Plan to remove section and midsection line road reservations internal to the project site; (b) A Conditional Use Permit to allow for the construction and operation of a 74 megawatt (MW) photovoltaic solar energy generation facility (Section 19.12.030.G) on approximately 588 acres in an A (Exclusive Agriculture) District - State Route 14, generally northwest of Phillips Road, northwest of California City; being a portion of Section 25, T31S, R36E, MDB&M; unincorporated area of Kern County - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THAT THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2) - RE Barren Ridge 1 by RE Barren Ridge 1, LLC (PP10266) (Continued from 9/22/11; 10/27/11) HEARING OPENED; Summary of Proceedings (PC) - November 10, 2011 Page 8
THE APPLICANT WAS IN ATTENDANCE; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT REVISED SECTION 15091 FINDINGS AND REVISED SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE REVISED MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE MEMORANDUM OF UNDERSTANDING/AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. Res. #172-11 Res. #173-11 Res. #174-11 Res. #175-11 11. ZONE CHANGE CASE #8, MAP #215; ZONE CHANGE CASE #8, MAP #216; CONDITIONAL USE PERMIT #6, MAP #215 CONDITIONAL USE PERMIT #7, MAP #215 - (a) A change in zone classification from A (Exclusive Agriculture) to A WE (Exclusive Agriculture - Wind Energy) or a more restrictive district on 2,325 acres; from A to A FP (Exclusive Agriculture - Floodplain Combining) or a more restrictive district on 36 acres; from A to A WE FP (Exclusive Agriculture - Wind Energy - Floodplain Combining) or more restrictive district on 36 acres; from A FP to A WE FP or a more restrictive district on 1,153 acres; from PL RS (Platted Lands - Residential Suburban Combining) to A or a more restrictive district on 125 acres; from PL RS to A FP or a more restrictive district on 21 acres; from PL RS to A WE or a more restrictive district on 581 acres; from PL RS to A WE FP or a more restrictive district on 1 acre; from PL RS FPS (Platted Lands - Residential Suburban Combining - Floodplain Secondary Combining) to A WE FPS (Exclusive Agriculture - Wind Energy - Floodplain Secondary Combining) or a more restrictive district on 12 acres; and PL RS FPS to A FPS (Exclusive Agriculture - Floodplain Secondary Combining) or a more restrictive district on 27 acres; all within Map 215 (b) A change in zone classification from A (Exclusive Agriculture) to A WE (Exclusive Agriculture - Wind Energy) or a more restrictive district on 16 acres within Map 216; (c) A Conditional Use Permit to allow temporary concrete batch plants (Section 19.12.030.G) in an A (Exclusive Agriculture) District; (d) A Conditional Use Permit to allow for the construction of a solar facility (Section 19.12.030.G) in an A (Exclusive Agriculture) District. All acreages are approximate. - Two miles west of the intersection of Backus Road and Tehachapi-Willow Springs Road, 10 miles northwest of the unincorporated area of Rosamond, in eastern Kern County - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO: CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT THE SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE ZONE CHANGES AS REQUESTED; APPROVE THE CONDITIONAL USE PERMITS AS REQUESTED IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS; AND APPROVE THE THE CHAIRMAN TO SIGN - CEQA Guideline: Environmental Impact Report (MMMP) - (SD #2) - Catalina Renewable Energy Project by enxco Development Corporation (PP11250) (Continued from 10/27/11) STAFF PRESENTATION GIVEN BY CRAIG M. MURPHY, ADVANCED PLANNING DIVISION CHIEF. RICK MILLER, THE APPLICANT, SUBMITTED A DOCUMENT THAT WAS RECEIVED AND FILED. MR. MILLER THANKED STAFF FOR THEIR DUE DILIGENCE IN BRING THIS PROJECT FORWARD, AND GAVE A BRIEF POWERPOINT. MR. MILLER STATED THEIR AGREEMENT WITH STAFF'S RECOMMENDATION AND ASKED FOR SUPPORT OF THE PROPOSAL. RAYMOND GENTRY, A LOCAL RESIDENT, STATED CONCERNS WITH THE Summary of Proceedings (PC) - November 10, 2011 Page 9
LOSS OF THE DESERT AMBIANCE, THE PROJECT'S EFFECT ON THE DESERT FLORA/FONA, THE IMPACT OF MANY SOLAR PANELS ON AESTHICS, AND ASKED FOR A DENIAL. DAVID DELTA, A LOCAL RESIDENT, STATED CONCERNS WITH ROAD ACCESS, THE EFFECT THE PROPOSED PROJECT WOULD HAVE ON THE HEALTH AND SAFETY OF THE COMMUNITY, AND ASKED FOR A DENIAL. DOUGLAS MCNEAL, A LOCAL RESIDENT, STATED FROM AN ECONOMIC STANDPOINT WIND WAS FREE WITH NO COST IMPACT TO THE COMMUNITY, AND THE PROPOSED PROJECT WOULD PROVIDE NEEDED JOBS, AND SUPPORTED THE PROPOSAL. JOHN SPALDING, WITH THE BUILDINGS AND TRADE COMMISSION, SUPPORTED THE PROJECT AND THEIR PROVIDING OF LOCAL, GOOD, AND NEEDED JOBS. SCOTT ELLIS, WITH KERN COMMUNITY COLLEGE DISTRICT (KCCD), SUPPORTED THE PROPOSAL, STATING WIND AND/OR SOLAR PROVIDED CONSTRUCTION JOBS THAT WERE GREATLY NEEDED IN KERN COUNTY. LOU VERONTUS, A LOCAL STUDENT OF KCCD, STATED THERE WAS A NEED FOR GOOD JOBS AND SUPPORTED THE PROJECT. DAVE TIMS, A LOCAL RESIDENT, STATED THE PROPOSED PROJECT WAS A GOOD USE FOR THE LAND AND WOULD PROVIDE CLEAN ENERGY. RICK MILLER, THE APPLICANT, THANKED THE COMMISSION AND STAFF AND ASKED FOR AN APPROVAL. COMMISSIONER BABCOCK VOICED HIS SUPPORT OF THE PROPOSAL. COMMISSIONER SPRAGUE FELT KERN COUNTY WAS TOPS IN THE STATE FOR PROVIDING CLEAN ENERGY AND SUPPORTED THE PROPOSAL. COMMISSIONER PEREZ CONCURRED WITH FELLOW COMMISSIONERS AND SUPPORTED THE PROJECT. A MOTION WAS MADE BY BABCOCK AND A SECOND BY COMMISSIONER SPRAGUE RECOMMENDING THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT THE SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE ZONE CHANGES AS REQUESTED; APPROVE THE CONDITIONAL USE PERMITS AS REQUESTED IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS; AND APPROVE THE THE CHAIRMAN TO SIGN. THE MOTION CARRIED. Res. #176-11 CA-12. CONDITIONAL USE PERMIT #37, MAP #167 - To allow research, development, or testing of alternative fuel burning processes at an existing cement plant (Section 19.40.030.H) for a temporary period of time in an M-3 (Heavy Industrial) District - 13573 Tehachapi Boulevard, north of Tehachapi Boulevard, Tehachapi - STAFF RECOMMENDATION: APPROVE THE RESEARCH, DEVELOPMENT, OR TESTING OF ALTERNATIVE FUEL BURNING PROCESSES AT THE EXISTING LEHIGH SOUTHWEST CEMENT PLANT FOR A TEMPORARY PERIOD OF TIME NOT TO EXCEED SEVEN DAYS, IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section 15306 and Section 15061(b)(3) - (SD #2) - Lehigh Southwest Cement Company (PP12223) (Continued from 10/27/11) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; APPROVED THE RESEARCH, DEVELOPMENT, OR TESTING OF ALTERNATIVE FUEL BURNING PROCESSES AT THE EXISTING LEHIGH SOUTHWEST CEMENT PLANT FOR A TEMPORARY PERIOD OF TIME NOT TO EXCEED SEVEN DAYS, IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. Summary of Proceedings (PC) - November 10, 2011 Page 10
REQUEST FOR MODIFICATION OF CONDITIONAL USE PERMIT: Res. #177-11 CA-13. CONDITIONAL USE PERMIT #20, MAP #183 - A Modification of a Conditional Use Permit to allow construction of an additional garage to house one fire truck and to allow the fire station to operate year round for this permit (Resolution 6-97; approved January 9, 1997) which allowed the conversion of a dwelling unit into a seasonal fire station (Section 19.16.030) in an E (1/4) RS (Estate - 1/4 acre - Residential Suburban Combining) District - 28381 Braeburn Place, Tehachapi - STAFF RECOMMENDATION: APPROVE MODIFICATION OF CONDITIONAL USE PERMIT SUBJECT TO THE ORIGINAL CONDITIONS OF APPROVAL WITH THE AMENDMENT OF FOUR CONDITIONS, DELETION OF TWO CONDITIONS, AND THE ADDITION OF SEVEN NEW CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section 15303 - (SD #2) - Stallion Springs Community Service District (Continued from 10/27/11) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; APPROVED MODIFICATION OF CONDITIONAL USE PERMIT SUBJECT TO THE ORIGINAL CONDITIONS OF APPROVAL WITH THE AMENDMENT OF FOUR CONDITIONS, DELETION OF TWO CONDITIONS, AND THE ADDITION OF SEVEN NEW CONDITIONS; AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. NEW CASES: Res. #178-11 CA-14. CONDITIONAL USE PERMIT #11, MAP #29 - To allow the construction of a 3-megawatt solar facility on approximately 11.50 acres (Section 19.12.030.G) in an A (Exclusive Agriculture) District - East side of California Aqueduct, 2 1/2 miles west of Interstate 5 and 1 3/4 miles north of GP Road, Lost Hills - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION; ALL OF THESE APPROVALS NOT TO BECOME EFFECTIVE UNLESS PRIOR TO 5:00 P.M., FEBRUARY 1, 2012, THE MEMORANDUM OF UNDERSTANDING/AGREEMENT, SUBJECT TO APPROVAL BY COUNTY COUNSEL, SIGNED AND SUBMITTED TO THE DIRECTOR OF THE KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT - CEQA Guideline: Section 15061(b)(3) - (SD #4) - Cenergy Power by McIntosh and Associates (PP12231) 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; ALL OF THESE APPROVALS NOT TO BECOME EFFECTIVE UNLESS PRIOR TO 5:00 P.M., FEBRUARY 1, 2012, THE MEMORANDUM OF UNDERSTANDING/ AGREEMENT, SUBJECT TO APPROVAL BY COUNTY COUNSEL, SIGNED AND SUBMITTED TO THE DIRECTOR OF THE KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT. 15. ZONE CHANGE CASE #40, MAP #164 - A change in zone classification from E (20) RS (Estate - 20 acres - Residential Suburban Combining) to E (10) RS (Estate - 10 acres - Residential Suburban Combining) or a more restrictive district - 23001 San Juan Drive, northwest corner of San Juan Drive and Cumberland Road, Tehachapi - STAFF RECOMMENDATION: REFER BACK TO STAFF - CEQA Guideline: Section 15061(b)(3) - (SD #2) - Jaime and Diana Osbrink by Robert G. Hogue (PP12211) THIS CASE WAS REFERRED BACK TO STAFF. Summary of Proceedings (PC) - November 10, 2011 Page 11
Res. #179-11 Res. #180-11 Res. #181-11 Res. #182-11 CA-16. GENERAL PLAN AMENDMENT #9, MAP #143-19; ZONE CHANGE CASE #15, MAP #143-19 - (a) Amend the Metropolitan Bakersfield General Plan from Map Code(s) RR (Rural Residential - Minimum 2.5 Gross Acres/Unit) to Map Code(s) LI (Light Industrial) or a more restrictive map code designation; (b) A change in zone classification from A-1 (Limited Agriculture) to M-1 PD (Light Industrial - Precise Development Combining) or a more restrictive district - West side of Costajo Road, approximately 1/2 mile north of Bear Mountain Boulevard, west side of State Highway 99, south of Bakersfield - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE ZONE CHANGE AS REQUESTED; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Negative Declaration (MMMP) - (SD #2) - Bakersfield Land Company, LLC by Delmarter and Associates (PP12209) 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 AS REQUESTED; APPROVE ZONE CHANGE AS REQUESTED; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. 17. GENERAL PLAN AMENDMENT #2, MAP #56 - Amend the Circulation Element of the Kern County General Plan to eliminate future road reservations on midsection lines within the project boundaries as collector alignments - Between McCombs Road and Jackson Avenue, east of Wasco - STAFF RECOMMENDATION: REFER BACK TO STAFF - CEQA Guideline: Negative Declaration (MMMP) - (SD #1 and 4) - Vintage Production California, LLC (PP12222) THIS CASE WAS REFERRED BACK TO STAFF. CA-18. ZONE CHANGE CASE #25, MAP #102-11; PRECISE DEVELOPMENT PLAN #12, MAP #102-11 - (a) A change in zone classification from C-2 PD (General Commercial - Precise Development Combining) to M-1 PD (Light Industrial - Precise Development Combining) or a more restrictive district; (b) A Precise Development Plan for a contractor's storage yard in an M-1 PD (Light Industrial - Precise Development Combining) District - 1624 Roberts Lane, north side of Roberts Lane, approximately 133 feet southeast of Washington Avenue, Oildale - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO APPROVE 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 15061(b)(3) for Zone Change Case; Section 15301 for Precise Development Plan - (SD #3) - Robert Beverage (PP12203) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS APPROVE ZONE CHANGE AS REQUESTED; APPROVE PRECISE DEVELOPMENT PLAN IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. MISCELLAOUNS: 19. APPOINTMENT OF NOMINATING COMMITTEE - Planning Commission Officers for Calendar Year 2012. COMMISSIONER BABCOCK NOMINATED COMMISSIONERS SPRAGUE AND PEREZ TO CHAIR THE NOMINATING COMMITTEE. Summary of Proceedings (PC) - November 10, 2011 Page 12
G. COMMISSION MEMBER ANNOUNCEMENT OR REPORTS COMMISSIONER SPRAGUE ANNOUNCED THE OCTOBER 2011, STATE PLANNING COMMISSION CONFERENCE HAD BEEN WELL ATTENDED AND WAS A GOOD LEARINING EXPERIENCE FOR ALL. MEETING ADJOURNED AT 10:40 p.m. Respectfully submitted, LORELEI H. OVIATT, Secretary KERN COUNTY PLANNING COMMISSION Attest: PETE BELLUOMINI, Chairman sc Summary of Proceedings (PC) - November 10, 2011 Page 13