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, October 24, 2013-7:00 p.m. 4 Present ROLL CALL: Commissioners: Babcock, Belluomini, Edwards, Martin, Sprague Present Absent Advisory Members: Hall, 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 APPROVAL OF MINUTES: October 10, 2013. UNANIMOUSLY APPROVED. PUBLIC HEARINGS: CONTINUED CASES: 1. 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 19.12.030.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: CONTINUE TO NOVEMBER 14, 2013 - Environmental Review: Environmental Impact Report (MMMP) - (SD #4) - Liquid Waste Management, Inc. by AECOM (PP12237) THIS CASE WAS CONTINUED TO NOVEMBER 14, 2013. NEW CASES: Res. #101-13 CA-2. ZONE CHANGE CASE #2, MAP #153 - A change in zone classification from A-1 (Limited Agriculture) to A (Exclusive Agriculture) or a more restrictive district - Approximately one mile south of the town of Cantil, northeast of the California City area - 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 - Environmental Review: Section 15183 - (SD #2) - Kern County Planning and Community Development
Department (PP13319) HEARING OPENED; 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 RESOLUTION. 3. SPECIFIC PLAN AMENDMENT #3, MAP #233; ZONE CHANGE CASE #16, MAP #233; CONDITIONAL USE PERMIT #9, MAP #233 - (a) Amend the Land Use Element of the Willow Springs Specific Plan from 5.6/2.8 (Residential - Minimum 2.5 Gross Acres/Unit - Military Flight Operations) to 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) on approximately 317 acres and from E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) to A FPS (Exclusive Agriculture - Floodplain Secondary Combining) on approximately seven acre of the northeast corner or more restrictive districts; (c) a Conditional Use Permit to allow for the construction and operation of solar energy generating facility and a temporary concrete batch plant (Section 19.12.030.G) on a site designated as A (Exclusive Agriculture) and A FPS (Exclusive Agriculture - Floodplain Secondary Combining) - Northwest corner of 170th Street, West and Avenue A, Willow Springs area - STAFF RECOMMENDATION: CONTINUED TO DECEMBER 12, 2013 - Environmental Review: Environmental Impact Report (MMMP) - (SD #2) - Kingbird Solar Project by King Bird Solar, LLC (PP12257) THIS CASE WAS CONTINUED TO DECEMBER 12, 2013. 4. GENERAL PLAN AMENDMENT #2, MAP #215; ZONE CHANGE CASE #11, MAP #215; CONDITIONAL USE PERMIT #6, MAP #215; CONDITIONAL USE PERMIT #7, MAP #215 - (a) Amend the Circulation Element of the Kern County General Plan to remove section and midsection line road reservations within Sections 27, 28, 33, and 34 of T10N, R14W, SBB&M, including: (1) north-south section line between Section 27 and Section 28, (2) north-south midsection line within Section 27, (3) western half of the east-west section line between Section 27 and Section 34, (4) southern half of the north-south midsection line within Section 28, (5) east-west section line between Section 28 and Section 33, (6) north half of the northsouth midsection line, and the east half of the east-west midsection line within Section 33, (7) north-south section line between Section 33 and Section 34, (8) all midsection lines within Section 34; (b) A change in zone classification from PL RS FPS (Platted Lands - Residential Suburban Combining - Floodplain Secondary Combining) to A FPS (Exclusive Agriculture - Floodplain Secondary Combining) or a more restrictive district on 95 acres within Map 215; (c) A modification of Conditional Use Permit 6, Map 215 to modify the location of temporary concrete batch plant in conjunction with the solar element of the approved Catalina Renewable Energy Project (Section 19.12.030.G) in an A FPS (Exclusive Agriculture - Floodplain Secondary Combining) District; (d) A modification of Conditional Use Permit 7, Map 215 to modify the location of up to 40 megawatts (MW) of solar development in conjunction with the solar element of the approved Catalina Renewable Energy Project (Section 19.12.030.G) in an A FPS (Exclusive Agriculture - Floodplain Secondary Combining) District - Approximately three miles west of the intersection of Backus Road and Tehachapi-Willow Springs Road in the Willow Springs area of eastern Kern County - STAFF RECOMMENDATION: CONTINUE TO JANUARY 23, 2014 - Environmental Review: Addendum Environmental Impact Report (MMMP) - (SD #2) - Catalina Solar 2, LLC and BAR 13, LLC by EDF Renewables (PP13274) THIS CASE WAS CONTINUED TO JANUARY 23, 2014. CA-5. CONDITIONAL USE PERMIT #9, MAP #28 - A modification of Conditional Use Summary of Proceedings (PC) - October 24, 2013 Page 2
Res. #102-13 Res. #103-13 CA-6. Permit 9, Map 28 to adjust boundaries of the previously approved disposal area; with no increase in total disposal capacity at an existing Class III Nonhazardous Industrial Waste Landfill (Section 19.12.030.H) in an A (Exclusive Agriculture) District - West side of Holloway Road, approximately two miles north of State Route 46, Lost Hills area in western Kern County - STAFF RECOMMENDATION: ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM APPROVING CONDITIONAL USE PERMIT IN ACCORDANCE WITH ORIGINAL CONDITIONS AND THE RECOMMENDED REVISIONS TO CONDITIONS (7)(A) AND (7)(C); AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Addendum Environmental Impact Report (MMMP) - (SD #4) - H.M. Holloway, Inc. by Kenneth F. Hersh (PP14104) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; ADOPTED SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTED MITIGATION MEASURE MONITORING PROGRAM APPROVING CONDITIONAL USE PERMIT IN ACCORDANCE WITH ORIGINAL CONDITIONS AND THE RECOMMENDED REVISIONS TO CONDITIONS (7)(A) AND (7)(C); AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. CONDITIONAL USE PERMIT #9, MAP #83 - A Conditional Use Permit to allow an 80-foot-tall wireless telecommunications facility with associated equipment shelter (Section 19.12.030.F) in an A (Exclusive Agriculture) District - West side of Round Mountain Road, aproximatley 0.75 west of the Round Mountain Road and Easmont Road intersection, 3.5 miles north of Bakersfield - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED REVISED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Section 15303 - (SD #1) - MacPherson Oil Company, Inc. by Complete Wireless Consulting (PP14127) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; APPROVED IN ACCORDANCE WITH THE RECOMMENDED REVISED CONDITIONS AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. Res. #104-13 7. CONDITIONAL USE PERMIT #5, MAP #104-16 - A Conditional Use Permit to allow a commercial wedding facility (Section 19.08.085) in an E (2 1/2) (Estate - 2 1/2 acres) District - Southwest corner of View Street and Cliff Avenue, Bakersfield - STAFF RECOMMENDATION: APPROVE FOR A TEMPORARY TWO- (2-) YEAR PERIOD OF TIME, AS RECOMMENDED BY STAFF, IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Section 15303 - (SD #1) - Jerry and Linda Maxwell (PP14124) STAFF PRESENTATION GIVEN BY SCOTT F. DENNEY, AICP, PLANNING OPERATIONS DIVISION CHIEF. JERRY MAXWELL, THE APPLICANT, STATED THEY AGREED WITH STAFF'S RECOMMENDATION AND ASKED FOR AN APPROVAL. JESSE FAULKENBERRY, A LOCAL RESIDENT, STATED CONCERNS WITH THE INCREASED NOISE, THE HEALTH ISSUES OF HIS MOTHER-IN-LAW, THE ALL DAY/ALL WEEKEND SETTING UP AND CLEANING UP FOR EVENTS, THE ALCOHOL CONSUMPTION AND THE POTENTIAL FOR PROFANITY AND VIOLANCE, THE LACK OF ENFORCEMENT; THE PROJECT'S EFFECT ON PROPERTY VALUES, EXCESSIVE TRAFFIC, AND FELT THE PROJECT WOULD BE Summary of Proceedings (PC) - October 24, 2013 Page 3
MATERIALLY DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE, OF THEIR FAMILY AND THE COMMUNITY, AND ASKED FOR A DENIAL. LISA FAULKENBERRY, A LOCAL RESIDENT, STATED CONCERNS WITH THE LOSS OF THEIR PEACE AND QUIET, THE SERIOUS HEALTH OF HER MOTHER, THE INCREASED NOISE, THE INCREASED TRAFFIC, AND FELT THE PROPOSED COMMERCIAL USE WOULD BE AN UNREASONABLE REQUEST FOR THE SINGLE-FAMILY RESIDENTIAL AREA, AND ASKED FOR A DENIAL. JOHNATHAN RANGER, A LOCAL DJ, STATED THE APPLICANT WAS VERY CAREFUL TO MONITOR THE VENUE'S SOUND LEVELS AND CONTRIBUTED TO THE ECONOMY BY PROVIDING JOBS, AND ASKED FOR AN APPROVAL. JEAN SCHAMBLAN, A LOCAL RESIDENT, STATED THE PROPOSAL WOULD BE AN ASSEST TO THE COMMUNITY AND SUPPORTED THE PROJECT. DONNY CAMPBELL, A LOCAL SECURITY GUARD, STATED THE APPLICANTS WERE VERY CONSCIENCOUS AND GOOD NEIGHBORS AND ASKED FOR AN APPROVAL OF THE PROJECT. DAVID LUNA, A LOCAL GROOM, STATED THE MAXWELLS PROVIDED THE VENUE FOR THEIR WEDDING AND THEY WERE VERY PROFESSIONAL, AND ASKED FOR AN APPROVAL. MARIA STOWERS, A LOCAL BRIDE, STATED THE MAXWELLS PROVIDED THE VENUE FOR THEIR WEDDING AND THEY WERE VERY CONSIDERATE AND ACCOMMODATING, AND ASKED FOR AN APPROVAL. JERRY MAXWELL, THE APPLICANT, ANSWERED QUESTIONS AND AGAIN ASKED FOR AN APPROVAL. COMMISSIONER BELLUOMINI VOICED CONCERN WITH A COMMERCIAL VENUE IN A RESIDENTIAL NEIGHBORHOOD AND COULD NOT SUPPORT THE PROJECT. COMMISSIONER MARTIN THANKED STAFF AND DEFERRED TO HIS FELLOW COMMISSIONER AND FELT WITHOUT SUFFICIENT SETBACK FROM THE NEIGHBORING RESIDENT HE COULD NOT SUPPORT THE PROJECT. COMMISSIONER EDWARDS VOICED CONCERNS WITH THE PROXIMITY TO THE RESIDENCE, THE NOISE, AND WITH RESPECT TO THE NEIGHBORS STATED CONCERNS COULD NOT SUPPORT THE PROJECT AS DESIGNED. COMMISSIONER BABCOCK VOICED CONCERN WITH MEETING THE FINDINGS FOR THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORS AND COULD NOT SUPPORT THE PROJECT AS DESIGNED, HOWEVER, IF THE CASE WAS REFERRED BACK TO STAFF WOULD THE APPLICANT BE AGREEMENT. JERRY MAXWELL, THE APPLICANT, STATED THEY WOULD NOT BE WILLING TO MAKE CHANGES TO THEIR FACILITY AND ASKED THE COMMISSION TO MAKE A DECISION. STAFF RECOMMENDED REVISIONS TO FINDINGS (3), (8), AND (9), WITH THE DELETION OF (10) TO READ AS FOLLOWS: "(3) THE EFFECT UPON THE ENVIRONMENT OF SUCH PROJECT AND THE ACTIVITIES AND IMPROVE- MENTS WHICH MAY BE CARRIED OUT THEREUNDER WILL BE SUBSTAN- TIAL AND WILL INTERFERE WITH MAINTENANCE OF A HIGH-QUALITY ENVIRONMENT NOW OR IN THE FUTURE, BASED UPON THE PROPOSED SCOPE OF THE PROJECT WITH RESPECT TO THE EXTENT AND LOCATION OF EXISTING DEVELOPMENT IN THE IMMEDIATE PROJECT VICINITY. (8) THE PROPOSED USE WILL BE MATERIALLY DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC OR TO PROPERTY AND RESIDENTS IN THE VICINITY, BASED UPON THE PROPOSED SCOPE OF THE PROJECT WITH RESPECT TO THE EXTENT AND LOCATION OF EXISTING DEVELOPMENT IN THE IMMEDIATE PROJECT VICINITY. (9) APPROVAL OF THIS REQUEST IS INCONSISTENT WITH PAST COMMISSION ACTION FOR SIMILAR REQUESTS IN THE COUNTY." Summary of Proceedings (PC) - October 24, 2013 Page 4
A MOTION WAS MADE BY COMMISSIONER BELLUOMINI AND A SECOND BY COMMISSIONER MARTIN TO DISAPPROVE. THE MOTION CARRIED. 8. CONDITIONAL USE PERMIT #127, MAP #101 - A Conditional Use Permit to allow a church with a faith-based community center (Section 19.16.030.J) and a school (kindergarten through eighth) (Section 19.16.030.K.1) 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: CONTINUE TO NOVEMBER 14, 2013 - Environmental Review: Section 15183 - (SD #2) - Islamic Center of Bakersfield by Frank Tripichio (PP13271) THIS CASE WAS CONTINUED TO NOVEMBER 14, 2013. Res. #105-13 Res. #106-13 CA-9. ZONE CHANGE CASE #76, MAP #124; CONDITIONAL USE PERMIT #67, MAP #124 - (a) A change in zone classification from A (Exclusive Agriculture) to NR (20) (Natural Resource - 20 acres) or a more restrictive district; (b) A Conditional Use Permit to allow the retention of a painting and sandblasting business (Section 19.46.030.D.1) in a NR (20) (Natural Resource - 20 acres) District - 4852 South Sterling Road, west of the intersection of South Fairfax Road and Hermosa Road, southeast Bakersfield area - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM APPROVING ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT SUBJECT TO RECOMMENDED REVISED CONDITIONS; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Negative Declaration (MMMP) - (SD #5) - Mark Ayler by Patrick and Henderson, Inc. (PP13218) HEARING OPENED; THERE BEING NO ONE WISHING TO BE HEARD IN OPPOSITION, HEARING CLOSED; RECOMMENDED THE BOARD OF SUPERVISORS ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM APPROVING ZONE CHANGE AS REQUESTED; APPROVE CONDITIONAL USE PERMIT SUBJECT TO RECOMMENDED REVISED CONDITIONS; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. MEETING ADJOURNED AT 9:21 p.m. Respectfully submitted, Attest: LORELEI H. OVIATT, Secretary KERN COUNTY PLANNING COMMISSION RON SPRAGUE, Chairman sc Summary of Proceedings (PC) - October 24, 2013 Page 5