A G E N D A KERN COUNTY PLANNING COMMISSION Chambers of the Board of Supervisors Kern County Administrative Center 1115 Truxtun Avenue, Bakersfield, California REGULAR MEETING MAY 22, 2014-7:00 p.m. All agenda item supporting documentation is available for public review in the office of the Kern County Planning and Community Development Department, 2700 "M" Street, Suite 100, Bakersfield, CA 93301 during regular business hours, 8:00 a.m. 5:00 p.m., Monday through Friday, following the posting of the agenda. Any supporting documentation that relates to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location. PLEASE REMEMBER TO TURN OFF ALL CELL PHONES, PAGERS, OR ELECTRONIC DEVICES DURING COMMISSION MEETINGS. A. ROLL CALL: Mr. Babcock, Chair, Mr. Edwards, Vice-Chair, Mr. Louie, Vacant Mr. Sprague Advisory Members: Mr. Hall, Deputy County Counsel Ms. Oviatt, Director, Planning and Community Development Department B. COMMISSION MEMBER ANNOUNCEMENT OR REPORTS: On their own initiative, Commission members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff, or take action to have staff place a matter of business on a future agenda (Government Code Section 54954.2(a)). C. APPROVAL OF MINUTES: May 8, 2014 D. CASES WITHDRAWN OR REQUESTS FOR CONTINUANCE: NONE
E. CONSENT ITEMS: Public Hearings CONSENT AGENDA (CA): These are items scheduled before the Planning Commission which are being recommended for approval by the staff and the applicant has been informed of any special conditions and has no objection. The hearing on these items may be expedited if no member of the Commission or audience wishes to comment or ask questions on the case. NEW CASES #2. Isis Solar Project by Isis Solar, LLC (SunEdison) #3. Rosalio Morales #4. KS Industries, L.P. by Colombo Construction Company, Inc. #6. Mahavir Gill by Maximus III Company (ND & MMMP) NOTICE OF RIGHT TO APPEAL: For projects where Planning Commission action is final, actions are subject to appeal to the Board of Supervisors by any interested person and no development proposed by any application may be authorized until after the final date of appeal. An appeal may be filed with the Kern County Planning and Community Development Department, 2700 "M" Street, Suite 100, Bakersfield, with filing fee of $540 on forms available at the Planning and Community Development Department. The filing must be made within 14 days of and including the date of hearing. For Tract Maps, an appeal must be filed within 10 days from the date of decision of the Planning Commission. Any such appeal must be accompanied by an appeal fee of $540. If no appeal is received, the action of the Planning Commission is final. There is no right of appeal for projects for which the Planning Commission s action is advisory to action required by the Kern County Board of Supervisors. F. PUBLIC PRESENTATIONS: This portion of the meeting is reserved for persons desiring to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to two minutes. Please state your name and address for the record before making your presentation. G. PUBLIC HEARINGS: NEW CASES: 1. CONDITIONAL USE PERMIT #20, MAP #237 - To consider enforcement proceedings for a revoked surface mining permit (Section 19.100.080 and Section 19.100.090) as adopted by Resolution 135-03; approved August 28, 2003 (Conditional Use Permit 20, Map 237) for reasons of noncompliance in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975 (State Mine ID 91-15-0081) in an E (5) RS (Estate - 5 acres - Residential Suburban Combining) District - North side of Frazier Mountain Park Road, approximately one mile east of Frazier Park - STAFF RECOMMENDATION: (1) MAKE A DETERMINATION THAT THE MINE OPERATOR HAS ABANDONED ITS SURFACE MINING OPERATION WITHOUT COMPLETING RECLAMATION; (2) RECOMMEND TO THE BOARD OF SUPERVISORS PROCEEDINGS TO RECOVER ON ANY SECURITY; (3) RECOMMEND THE May 22, 2014 Page 2
BOARD OF SUPERVISORS THAT THE COUNTY CONDUCT WORK TO ACCOMPLISH THE RECLAMATION PLAN, TO PERFORM ANY CONDITIONS IN DEFAULT, OR OTHERWISE CURE ANY DEFAULT; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Section 15308 - (SD #4) - Kern County Planning and Community Development Department (original applicant Frazier Park Sand and Gravel) (PP13014) CA-2. GENERAL PLAN AMENDMENT #1, MAP #3; CONDITIONAL USE PERMIT #7, MAP #3 - (a) Amend the Circulation Element of the Kern County General Plan to remove section and midsection line road reservations within Sections 27 and 35, T25S, R19E, MDB&M; (b) A Conditional Use Permit to allow the construction and operation of a 20 megawatt (MW) solar photovoltaic power generating facility (Section 19.12.030.G) in an A (Exclusive Agriculture) District - Twisselman Road, 2.5 miles east of State Route 33, approximately 11 miles northwest of the town of Lost Hills - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND BOARD OF SUPERVISORS CERTIFY ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM APPROVING GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS; APPROVE THE MEMORANDUM OF UNDERSTANDING/ AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Environmental Impact Report (MMMP) - (SD #4) - Isis Solar Project by Isis Solar, LLC (SunEdison) (PP14105) CA-3. GENERAL PLAN AMENDMENT #6, MAP #99; ZONE VARIANCE #28, MAP #99 - (a) Amend the Circulation Element of the Kern County General Plan to redesignate a portion of Buerkle Road from an arterial alignment to a local street for that portion between the southwest section corner of Section 20, T29S, R24E, MDB&M, and the western boundary of the Eastside Canal; (b) A Zone Variance to allow a front-yard setback of no less than four feet, where a minimum of 25 feet is required (Section 19.12.070.A) in an A (Exclusive Agriculture) District - 6010 Buerkle Road, Buttonwillow - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE ZONE VARIANCE SUBJECT TO CONDITIONS; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Section 15061(b)(3) and Section 15305 - (SD #4) - Rosalio Morales (PP14170) CA-4. CONDITIONAL USE PERMIT #10, MAP #81-35 - To allow enclosed painting and sandblasting buildings (Section 19.36.030.C.2) in a M-1 (Light Industrial) District - 5024 Airport Drive, 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 15303 - (SD #1) - KS Industries, L.P. by Colombo Construction Company, Inc. (PP14188) 5. GENERAL PLAN AMENDMENT #1, MAP #102-10; ZONE CHANGE CASE #38, MAP #102-10 - (a) Amend the Land Use Element of the Metropolitan Bakersfield General May 22, 2014 Page 3
Plan from Map Code(s) SR (Suburban Residential - Less Than or Equal to 4 Dwelling Units/Net Acre) to Map Code(s) HMR (High Medium Density Residential - Less Than or Equal to 17.42 Dwelling Units/Net Acre) or a more restrictive map code designation; (b) A change in zone classification from E (1/4) (Estate - 1/4 acre) to R-3 (High-density Residential) or a more restrictive district - 5705 Norris Road; southwest corner of Norris Road and Mohawk Street, Bakersfield - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM APPROVE GENERAL PLAN AMENDMENT; APPROVE ZONE CHANGE SUBJECT TO INCLUSION OF THE PD (PRECISE DEVELOPMENT COMBINING) DISTRICT; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Negative Declaration (MMMP) - (SD #3) - Mahavir Gill by Maximus III Company (PP14123) CA-6. GENERAL PLAN AMENDMENT #2, MAP #102-10; ZONE CHANGE CASE #39, MAP #102-10 - (a) Amend the Land Use Element of the Metropolitan Bakersfield General Plan from Map Code(s) SI (Service Industrial) to Map Code(s) HMR (High Medium Density Residential - Less Than or Equal to 17.42 Dwelling Units/Net Acre) or a more restrictive map code designation; (b) A change in zone classification from A-1 (Limited Agriculture) and E (1/4) (Estate - 1/4 acre) to R-3 (High-density Residential) or a more restrictive district - 5600 Norris Road; northeast corner of Norris Road and Mohawk Street, Bakersfield - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND BOARD OF SUPERVISORS ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE ZONE CHANGE SUBJECT TO INCLUSION OF THE PD (PRECISE DEVELOPMENT COMBINING) DISTRICT; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Negative Declaration (MMMP) - (SD #3) - Mahavir Gill by Maximus III Company (PP14123) 7. SPECIFIC PLAN AMENDMENT #80, MAP #101; ZONE CHANGE CASE #180, MAP #101;AGRICULTURAL PRESERVE #10 - EXCLUSION- (a) Amend the Land Use Element of the Western Rosedale Specific Plan from Map Code(s) R-IA (Intensive Agriculture) to Map Code(s) RR (Rural Residential - Minimum 2.5 Gross Acres/Unit) or a more restrictive map code designation; (b) A change in zone classification from A (Exclusive Agriculture) to A-1 (Limited Agriculture) or a more restrictive district; (c) Exclusion of approximately ten acres from the boundaries of an Agricultural Preserve - Northside of Brimhall Road, between Superior Road and Greeley Road, Western Rosedale area - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND BOARD OF SUPERVISORS DISAPPROVE SPECIFIC PLAN AMENDMENT; DISAPPROVE ZONE CHANGE; DISAPPROVE EXCLUSION; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Negative Declaration (MMMP) - (SD #4) - Brad and Kristie McNaughton by Cornerstone Engineering, Inc. (PP14107) May 22, 2014 Page 4
NOTICE OF RIGHT TO APPEAL: For projects where Planning Commission action is final, actions are subject to appeal to the Board of Supervisors by any interested person and no development proposed by any application may be authorized until after the final date of appeal. An appeal may be filed with the Kern County Planning and Community Development Department, 2700 "M" Street, Suite 100, Bakersfield, with filing fee of $540 on forms available at the Planning and Community Development Department. The filing must be made within 14 days of and including the date of hearing. For Tract Maps, an appeal must be filed within 10 days from the date of decision of the Planning Commission. Any such appeal must be accompanied by an appeal fee of $540. If no appeal is received, the action of the Planning Commission is final. There is no right of appeal for projects for which the Planning Commission s action is advisory to action required by the Kern County Board of Supervisors. H. ADJOURNMENT: The next Planning Commission meeting is scheduled for June 12, 2014 AMERICANS WITH DISABILITIES ACT (Government Code Section 54953.2) Disabled individuals who need special assistance to attend or participate in a meeting of the Kern County Planning Commission may request assistance at the Kern County Planning and Community Development Department, 2700 "M" Street, Suite 100, Bakersfield, California 93301, or by calling Allison Molina at (661) 862-8615. Every effort will be made to reasonably accommodate individuals with disabilities by making meeting materials available in alternative formats. Requests for assistance should be made five (5) working days in advance whenever possible. sc May 22, 2014 Page 5