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, January 23, 2014-7:00 p.m. 5 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 COMMISSION MEMBER ANNOUNCEMENT OR REPORTS: COMMISSIONER BABCOCK ADDRESSED PROCEDURES FOR FUTURE HEARING PROTOCAL. PUBLIC PRESENTATIONS: JAMES BANN, A LOCAL RESIDENT, DONATED $1 FOR A LITE BULB FOR THE FLAG OUTSIDE OF THE MOJAVE VETERANS HALL. GLENN HARSHMAN, A LOCAL RESIDENT, ASKED FOR A SAND PROGRAM. WILLIAM NELSON, SUBMITTED A LETTER THAT WAS RECEIVED AND FILED. MR. NELSON STATED CONCERNS WITH GROUNDWATER ISSUES IN EASTERN KERN COUNTY. PENNY MELKO, A LOCAL RESIDENT, VOICED DISAPPROVAL OF A TIMED MEETING. Sp/Ma APPROVAL OF MINUTES: January 9, 2014. UNANIMOUSLY APPROVED. PUBLIC HEARINGS: CONTINUED CASES: Sp/Ed 1. ZONE CHANGE CASE #54, MAP #196; CONDITIONAL USE PERMIT #36, MAP #196; ZONE VARIANCE #8, MAP #196 - (a) A change in zone classification from A-1 FPS (Limited Agriculture - Floodplain Secondary Combining) to A FPS (Exclusive Agriculture - Floodplain Secondary Combining) or a more restrictive district; (b) A Conditional Use Permit to allow the construction of a 119-foot-tall lattice wireless communication facility, 12 antennas and associated devices, and an associated equipment shelter (Section 19.12.030.F) in an A FPS (Exclusive Agriculture - Floodplain Secondary Combining) District; (c) A Zone Variance to allow exclusion of the requirement to submit a landscape plan for a new wireless facility that is located within a 1/4 mile of a residential zoned area (Section 19.91.030.A.9) in an A FPS (Exclusive Agriculture - Floodplain Secondary Combining) District - Intersection of Arroyo Avenue and Koch Street, Mojave area - STAFF RECOMMENDATION: REFER
BACK TO STAFF - Environmental Review: Section 15061(b)(3) - (SD #2) - AT&T by Vance Pomeroy (PP14114) (Continued from October 10, 2013; December 12, 2013) THIS CASE WAS REFERRED BACK TO STAFF. Sp/Ed Be/Sp Res. #5-14 Res. #6-14 Res. #7-14 2. 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) northsouth 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 north-south 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 FEBRUARY 13, 2014 - Environmental Review: Addendum Environmental Impact Report (MMMP) - (SD #2) - Catalina Solar 2, LLC and BAR 13, LLC by EDF Renewables (PP13274) (Continued from October 24, 2013) THIS CASE WAS CONTINUED TO FEBRUARY 13, 2014. 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: ADVISE PLANNING COMMISSION RECOMMEND THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM APPROVING SPECIFIC PLAN AMENDMENT AS REQUESTED; APPROVE ZONE CHANGE 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 #2) - Kingbird Solar Project by King Summary of Proceedings (PC) - January 23, 2014 Page 2
Bird Solar, LLC (PP12257) (Continued from October 24, 2013; December 12, 2013) STAFF PRESENTATION GIVEN BY JACQUELYN R. KITCHEN, SUPERVISING PLANNER. JACK PIGOTT, THE APPLICANT'S REPRESENTATIVE, SUBMITTED A LETTER THAT WAS RECEIVED AND FILED. MR. PIGOTT GAVE A POWERPOINT AND ASKED FOR AN APPROVAL. JOHN BLECHER, AN ATTORNEY REPRESENTING MS. CHAPMAN, SUBMITTED A POWERPOINT THAT WAS RECEIVED AND FILED. MR. BELCHER GAVE A PRESENTATION AND STATED CONCERNS WITH THE LOSS OF PRIME FARMLAND AND FELT THE ENVIRONMENTAL IMPACT REPORT (EIR) WAS INADEQUATE TO SUPPORT THE PROPOSAL. PENNY MELKO, A LOCAL RESIDENT, CONCERNED WITH THE LOSS OF PRIME FARMLAND, DUST, AND THE PROJECT EFFECT ON WILDLIFE HABITAT, AND ASKED FOR A DENIAL. WILLIAM NELSON, A LOCAL RESIDENT, STATED CONCERNS WITH LOSS OF PRIME AGRICULTURAL LANDS, LOSS OF WILDLIFE HABITAT, GREENHOUSE GAS EMISSIONS NOT OFF SET, AND FELT THE PROPOSAL WAS INCONSISTENT WITH THE A (EXCLUSIVE AGRICULTURE) ZONING, AND OPPOSED THE PROJECT. MICHAEL LOZEAU, SUBMITTED A LETTER THAT WAS RECEIVED AND FILED. MR. LOZEAU, WITH LOZEAU DRURY, LLP; STATED CONCERNS WITH THE EIR NOT BEING ADEQUATE FOR THE PROJECT AND THAT THE EIR SHOULD BE RECIRCULATED, ALSO THE LOSS OF PRIME AGRICULTURAL LAND, AND THE EFFECT ON AVIAN MORTALITY, AND ASKED FOR A DENIAL. GEORGE LANE, THE PROPERTY OWNER, SUPPORTED THE PROJECT'S PROPOSED USE OF THE LAND SINCE THEY HAD BEEN UNABLE TO FARM DUE TO ADJUDICATION AND THE LOSS OF WATER, AND ASKED FOR SUPPORT. DAVID DALLAS, A LOCAL RESIDENT, STATED SUPPORT OF THE PROJECT THAT PROVIDED JOBS AND ECONOMY TO THE COUNTY AND ASKED FOR AN APPROVAL. RICHARD CHAPMAN, WITH THE KERN ECONOMIC DEVELOPMENT, SUPPORTED THE PROJECT THAT PROVIDED JOBS AND INCREASED ECONOMIC REVENUE FOR KERN COUNTY, AND ASKED THE COMMISSION TO SUPPORT THE PROJECT. DAVE OSBORNE, WITH A LOCAL UNION, STATED SUPPORT OF THE PROJECT THAT PROVIDED JOBS AND CAREER OPPORTUNITY, AND ASKED FOR AN APPROVAL. MR. DOUGLAS, A LOCAL RESIDENT, STATED SUPPORT OF THE PROJECT. DALE TEASDALE, A LOCAL RESIDENT, STATED SUPPORT OF THE PROJECT THAT WAS A BENEFIT TO THE COUNTY BY PROVIDING JOBS AND ECONOMY, AND ASKED FOR AN APPROVAL. JACK PIGOTT, THE APPLICANT'S REPRESENTATIVE, THANKED STAFF AND THE COMMISSION AND STATED THE EIR HAD MET ALL THE MITIGATION AND ASKED FOR SUPPORT. JOHN BELCHER, A LOCAL RESIDENT, STATED CONCERNS WITH THE LOSS OF PRIME FARMLAND AND FELT THAT COULD NOT BE MITIGATED; AND, AGAIN ASKED FOR A DENIAL. COMMISSIONER BELLUOMINI VOICED SUPPORT OF RENEWABLE GREEN ENERGY AND WITH THE WATER SHORTAGE MAKING IT DIFFICULT TO FARM THE PROPOSAL WAS A GOOD USE OF THE LAND AND COULD SUPPORT THE PROJECT. COMMISSIONER SPRAGUE THANKED STAFF AND ALL PRESENT AND FELT THIS WAS A GOOD PROJECT AND COULD SUPPORT. COMMISSIONERS EDWARDS AND MARTIN CONCURRED. A MOTION WAS MADE BY COMMISSIONER BELLUOMINI AND SECOND BY COMMISSIONER SPRAGUE RECOMMENDING THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF Summary of Proceedings (PC) - January 23, 2014 Page 3
OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM APPROVING SPECIFIC PLAN AMENDMENT AS REQUESTED; APPROVE ZONE CHANGE 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 RESOLUTIONS. THE MOTION CARRIED. Be/Sp Res. #8-14 Res. #9-14 Res. #10-14 Res. #11-14 4. ZONE CHANGE CASE #52, MAP #196; ZONE CHANGE CASE #10, MAP #196-17; CONDITIONAL USE PERMIT #55, MAP #196; CONDITIONAL USE PERMIT #12, MAP #196-17 - (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 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 196-17; (c) A Conditional Use Permit to allow construction and operation of a solar electrical generating facility (Section 19.12.030.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 19.12.030.G) in an A (Exclusive Agriculture) and A FPS (Exclusive Agriculture - Floodplain Secondary Combining) Districts in Zone Map 196-17 - Southwest of the unincorporated community of Mojave - STAFF RECOMMENDATION: ADVISE THE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM APPROVING THE ZONE CHANGES AS REQUESTED; APPROVE CONDITIONAL USE PERMITS SUBJECT TO CONDITIONS; APPROVE THE MEMORANDUMS 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 #2) - RE Yakima Solar Project/RE Yakima, LLC and RE Clearwater Solar Project/RE Clearwater, LLC by Recurrent Energy (PP13266) (Continued from November 14, 2013) STAFF PRESENTATION GIVEN BY JACQUELYN R. KITCHEN, SUPERVISING PLANNER. SETH ISRAEL, THE APPLICANT'S REPRESENTATIVE, GAVE A POWERPOINT, AND ASKED FOR AN APPROVAL. DOUGLAS CLIPPERTON, WITH THE MOJAVE CHAMBER OF COMMERCE, STATED CONCERNS WITH THE PROPOSED LOCATION, THE USE, THE FLOOD ZONE, AND OPPOSED THE COMMERCIAL USE IN A RESIDENTIAL AREA, AND ASKED FOR A DENIAL. ERIC PALIMA, A LOCAL RESIDENT, STATED CONCERN WITH A COMMERCIAL USE IN A RESIDENTAL AREA, AND FELT THE PROPOSAL NEEDED A DIFFERENT LOCATION, AND ASKED FOR A DENIAL. BILL PURDY, A LOCAL RESIDENT, STATED CONCERNS WITH HEALTH, INCREASED DUST, AND VALLEY FEVER, AND ASKED FOR A DENIAL. JAMES RUSSELL, A LOCAL RESIDENT, SUPPORTED THE PROJECT THAT WOULD PROVIDE JOBS AND INCREASE THE ECONOMY, AND ASKED FOR AN APPROVAL. JAMES BANN, A LOCAL RESIDENT, STATED THE COUNTY NEEDED TO CLEAN UP MOJAVE AND WAS CONCERNED WITH THE DUST/SAND. JOHN BELCHER, AN ATTORNEY FOR MS. CHAPMAN, SUBMITTED A POWERPOINT THAT Summary of Proceedings (PC) - January 23, 2014 Page 4
WAS RECEIVED AND FILED. MR. BELCHER GAVE A PRESENTATION AND STATED CONCERNS WITH THE LOSS OF AGRICULTURAL LAND AND THE PROJECT'S EFFECT ON AVIAN MORTALITY, AND ASKED FOR A DENIAL. WILLIAM NELSON, A LOCAL RESIDENT, CONCURRED WITH MR. BELCHER AND STATED CONCERN WITH THE COUNTY'S CAPITILIZATION OF PROJECTS. BRIAN HOLT, A LOCAL UNION, SUPPORTED THE PROPOSAL THAT PROVIDED JOBS AND INCAREASE THE ECONOMY AND ASKED FOR AN APPROVAL. JAMES KARCH, A LOCAL RESIDENT, STATED SUPPORT OF THE PROJECT AND ASKED FOR AN APPROVAL. BRIAN MATTHEWS, A LOCAL UNION, SUPPORTED THE PROJECT AND FELT THE RENEWABLE ENERGY WOULD BENEFIT THE COMMUNITY, AND ASKED FOR AN APPROVAL. RICHARD CHAPMAN, WITH KERN ECONOMIC DEVELOPMENT, STATED SUPPORT OF THE PROJECT THAT PROVIDED JOBS AND INCREASED ECONOMIC GROWTH FOR KERN COUNTY, AND ASKED FOR THE COMMISSIONS SUPPORT. MIKE ROSE, A LOCAL UNION, STATED SUPPORT OF THE PROJECT AND ASKED FOR AN APPROVAL. LEE PULSIPHER, A LOCAL RESIDENT, SUBMITTED A LETTER THAT WAS RECEIVED AND FILED. MR. PULSIHER STATED CONCERNS WITH THE PLANNED TRANSMISSION LINE PLACEMENT AND FELT THE PROPOSED ROUTE ALONG HOLT STREET WOULD RESULT IN NEGATIVE IMPACT, AND ASKED FOR A DENIAL. JIM ELROD, WITH LOCAL UNION 428, SUBMITTED LETTERS THAT WERE RECEIVED AND FILED. MR. ELROD STATED SUPPORT OF THE PROJECT. SETH ISRAEL, THE APPLICANT'S REPRESENTATIVE, ASKED FOR THE COMMISSIONS SUPPORT. MIKE ROSE, WITH LOCAL UNION, AGAIN SUPPORTED AND ASKED THE COMMISSION TO APPROVE THE PROJECT. COMMISSION BABCOCK VOICED CONCERN THE PROPOSAL WOULD KILL THE HOUSING MARKET IN MOJAVE AND COULD NOT SUPPORT THE PROJECT. A MOTION WAS MADE BY COMMISSIONER BELLUOMINI AND SECOND BY COMMISSIONER SPRAGUE RECOMMENDING THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM APPROVING THE ZONE CHANGES AS REQUESTED; APPROVE CONDITIONAL USE PERMITS SUBJECT TO CONDITIONS; APPROVE THE MEMORANDUMS OF UNDERSTANDING/ AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. THE MOTION CARRIED. Sp/Ma 3 Ayes 2 Noes/Ba/Be Res. #12-14 thru Res. #28-14 5. 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 #12-2 - (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 Summary of Proceedings (PC) - January 23, 2014 Page 5
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 19.12.030.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 plants (Section 19.12.030.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: 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 AMENDMENT OF THE CIRCULATION ELEMENT OF THE KERN COUNTY GENERAL PLANS AS REQUESTED; APPROVE THE ZONE CHANGES AS REQUESTED; APPROVE THE CONDITIONAL USE PERMITS AS REQUESTED SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE THE MEMORANDUM OF UNDERSTANDING/AGREEMENTS FOR BINDING SUCCESSORS TO THE PROJECT TO COUNTY REGULATIONS AND AUTHORIZE THE CHAIRMAN TO SIGN; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - 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) (Continued from November 14, 2013; December 12, 2013) STAFF PRESENTATION GIVEN BY CRAIG M. MURPHY, ADVANCED PLANNING DIVISION CHIEF. DAVID MORTON, THE APPLICANT'S REPRESENTATIVE, GAVE A POWERPOINT AND ASKED FOR AN APPROVAL. TRAVIS BEHRENS, A LOCAL RESIDENT, STATED HE WAS NOT OPPOSED TO THE PROPOSED SOLAR FACILITY BUT OPPOSED THE WATER BANKING, AND ASKED FOR THE COMMISSION TO CONCUR. GLENN HARSHMAN, A LOCAL RESIDENT, STATED CONCERNS WITH WIND AND DUST'S EFFECT TO THE SOLAR FACILITY, THE LOSS OF AGRICULTURAL LANDS, AND POTENTIAL SINK HOLES, AND ASKED FOR A DENIAL. KIM COLLINS, A LOCAL RESIDENT, STATED CONCERN WITH THE LOSS OF GROUNDWATER AND THE EFFECT ON THE WATER TABLE, AND OPPOSED THE PROPOSAL. TOM ROSS, A LOCAL RESIDENT, THANKED STAFF, HOWEVER, WAS CONCERNS WITH THE LACK OF CUSTOMERS FOR WATER AND FELT THE PROPOSED WATER BANKING SHOULD BE DENIED. JAMES BANN, A LOCAL RESIDENT, STATED CONCERN WITH LOSS OF PRIME FARMLAND, AND OPPOSED THE PROJECT. JEFF ARMSTRONG, WITH THE CALIFORNIA CITY FIRE DEPARTMENT, STATED CONCERN WITH THE PROPOSED PROJECT'S EFFECT ON THE WATER RESULTING IN THE LOSS TO THEIR DEPARMENT'S CAPACITY TO RESPONSD TO EMERGENCIES. ANDREW MALONE, LOCAL RESIDENT, STATED CONCERNS WITH THE PROPOSED WATER BANKING AND THE EFFECT ON THE GROUNDWATER BASIN DRAW DOWN, THE WATER QUALITY, AND FELT THE ENVIRONMENTAL IMPACT REPORT (EIR) WAS NOT SUFFICIENT TO MITIGATE THE PROJECT, Summary of Proceedings (PC) - January 23, 2014 Page 6
AND ASKED FOR A DENIAL. MIKE BEVINS, A LOCAL RESIDENT, STATED CONCERN WITH THE EIR NOT BEING SUFFICIENT TO ADDRESS ISSUES RAISED REGARDING WATER LOSS AND WATER QUALITY, AND ASKED FOR A DENIAL. BRUCE HASELFIELD, WITH THE KERN COUNTY WATER AGENCY, STATED CONCERNS WITH THE PROJECT'S EFFECT ON WATER BANKING AND GROUNDWATER MANAGEMENT, THE POTENTIAL JUDICATION OF THE WATER, AND ASKED FOR A DENIAL. MICHELLE CASTERLINE, THE APPLICANT'S HYDROLOGIST, ANSWERED QUESTIONS ABOUT WATER BANKING. WILLIAM NELSON, A LOCAL RESIDENT, STATED CONCERNS WITH THE TIME ALLOTED FOR SPEAKING, THE INSUFFICIENCY OF THE EIR, THE LACK OF CEQA REQUIREMENTS, THE COUNTY'S POLICY JUSTIFIED, AND ASKED FOR A DENIAL. DAWN MARTIN, A LOCAL RESIDENT, STATED CONCERNS WITH LOSS OF THE MIDSECTION LINES AND THE EFFECT ON THE EASEMENT, POTENTIAL INCREASE DUST AND AIR QUALITY, LOSS OF WATER AND WATER QUALITY, AND ASKED FOR A DENIAL. GORDON NIPP, WITH THE SIERRA CLUB, STATED CONCERNS WITH THE PROPOSED PROJECT'S EFFECT ON GROUNDWATER, THE WILDLIFE HABITAT, AND OPPOSED THE PROPOSED WATER BANKING, AND ASKED FOR DENIAL. PENNY MELKO, A LOCAL RESIDENT, STATED SHE WAS NOT OPPOSED TO THE PROPOSED SOLAR, HOWEVER, ASKED FOR A DENIAL OF THE WATER BANKING. DON ZDEBA, WITH THE INDIAN WELLS VALLEY WATER DISTRICT, STATED CONCERNS WITH THE LACK OF WATER QUALITY AND PROJECT EXTRACTION'S EFFECT ON THE WATER TABLE, AND ASKED FOR A DENIAL. MR. ROTHERFORD, A LOCAL RESIDENT, STATED CONCERN WITH THE PROJECT'S EFFECT ON THE GROUNDWATER AND OPPOSED THE PROPOSAL. DONNA THOMAS, A LOCAL RESIDENT, SUBMITTED LETTERS FOR HERSELF AND SOPHIA MERK THAT WERE RECEIVED AND FILED. MICHAEL LOZEAU, WITH LOZEAU DRURY, LLP; STATED CONCERNS WITH THE EIR BEING INSUFFICIENT TO ADDRESS DUST, AVIAN MORTAILITY, AND FELT THE EIR SHOULD BE RECIRCULATED, AND ASKED THE COMMISSION TO DENY THE PROPOSAL. DEBRA LOEWEN, A LOCAL RESIDENT, STATED CONCERN WITH THE EIR'S INADEQUANCY OF ADDRESSING MITIGATION FOR THE PROPOSED PROJECT, AND ASKED FOR A DENAIL. DANNY DELOZIER, A LOCAL RESIDENT, STATED CONCERNS WITH THE LACK OF GROUNDWATER, THE POTENTIAL FOR SINK HOLES, THE PROJECT'S EFFECT ON FUTURE WATER BY INJECTION DESTROYING THE AQUIFER, AND ASKED FOR DENIAL. MARSHALL WILKINSON, A LOCAL RESIDENT, STATED CONCERN WITH ACCESS EASEMENTS, AND COULD SUPPORT THE PROPOSED SOLAR FACILITY, BUT ASKED FOR A DENIAL OF THE PROPOSED WATER BANKING. ERIC HURTTAO, WITH THE CALIFORNIA CITY POLICE DEPARTMENT, STATED CONCERNS WITH THE LOSS OF WATER AND THE PROPOSED PROJECT'S EFFECT ON THEIR SERVICES TO THE COMMUNITY. JEFF ARMSTRONG, WITH THE CALIFORNIA CITY FIRE DEPARMENT, STATED CONCERN WITH THE EIR BEING INSUFFICIENT TO MITIGATE THE LOSS OF WATER AND ASKED FOR A DENIAL. ROGER MCINTOSH, THE APPLICANT'S REPRESENTATIVE, SUBMITTED A LETTER THAT WAS RECEIVED AND FILED. MR. MCINTOSH, STATED THEY SUBMITTED A REVISED WATER EXTRACTION PROPOSAL AND FELT THE MONITOR PROGRAM WOULD ENSURE LIMITING THE IMPACTS TO THE WATER BASIN, AND ASKED FOR AN APPROVAL. RON Summary of Proceedings (PC) - January 23, 2014 Page 7
SCHNABLE, THE APPLICANT'S GEOLOGIST, ANSWERED QUESTIONS REGARDING THE PROPOSED WATER EXTRACTION AND THE EFFECT ON THE GROUNDWATER BASIN. RICHARD CHAPMAN, WITH KERN ECONOMIC DEVELOPMENT, STATED THEY SUPPORT THE PROJECT THAT WOULD PROVIDE JOBS, CONTIBUTE TO THE ECONOMY, AND ASKED FOR AN APPROVAL. LOU PERALTA, A LOCAL RESIDENT, STATED SUPPORT OF THE PROPOSAL AND FELT FARMING WOULD ADVERSELY EFFECT THE GROUNDERWATER, AND ASKED FOR AN APPROVAL. JOHN SPALDING, WITH THE KERN BUILDING TRADES, STATED SUPPORT OF THE PROJECT AND ASKED FOR AN APPROVAL. JIM ELROD, WITH LOCAL UNION 428, STATED SUPPORT OF THE PROJECT THAT WOULD PROVIDE JOBS AND CONTRIBUTE TO THE COUNTY'S ECONOMY, AND ASKED FOR AN APPROVAL. ROGER MCINTOSH, THE APPLICANT'S REPRESENTATIVE, STATED THE PROPOSED MITIGATION MEASURES MET THE CONCERNS PRESENTED, AND ASKED FOR AN APPROVAL. PATRICK PATOSTLY, THE APPLICANT'S HYDROLOGIST, ANSWERED QUESTIONS REGARDING WATER EXTRACTION. MIKE BEVINS, A LOCAL RESIDENT, STATED HE SUPPORTED THE WATER BANKING AND THE PROPOSED SOLAR PROJECT, HOWEVER, HE FELT CONCERN WITH THE WATER EXTRACTION AND THE LONG-TERM EFFECT ON THE WATER BASIN. COMMISSIONER BABCOCK VOICED SUPPORT OF THE WATER BANKING, THE WATER STORAGE, AND THE SOLAR FACILITY, HOWEVER, COULD NOT SUPPORT THE WATER EXTRACTION. COMMISSIONER BELLUOMINI VOICED SUPPORT OF THE WATER BANKING BEING A 'BY RIGHT', BUT COULD NOT SUPPORT THE WATER EXTRACTION, AND SUPPORTED THE SOLAR. COMMISSIONER EDWARDS VOICED SUPPORT OF THE SOLAR AND WATER STORAGE, HOWEVER, NOT THE WATER EXTRACTION. COMMISSIONER MARTIN CONCURED WITH HIS FELLOW COMMISSIONERS. COMMISSIONER SPRAGUE THANKED STAFF AND THE APPLICANT, AND SUPPORTED THE PROJECT. ROGER MCINTOSH, THE APPLICANT'S REPRESENTATIVE, STATED THE APPLICANT WAS ASKING FOR AN APPROVAL OF ALL THREE PORTIONS OF THE PROPOSAL. WILLIAM NELSON, A LOCAL RESIDENT, AGAIN STATED CONCERN WITH THE RULES OF PROCEEDURES AND FELT THE EIR NEEDED TO BE RECIRCULATED. A MOTION WAS MADE BY COMMISSIONER SPRAGUE AND A SECOND BY COMMISSIONER MARTIN RECOMMENDING THE BOARD OF SUPERVISORS CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT THE REVISED SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT THE REVISED MITIGATION MEASURE MONITORING PROGRAM; APPROVE THE AMENDMENT OF THE CIRCULATION ELEMENT OF THE KERN COUNTY GENERAL PLANS AS REQUESTED; APPROVE THE ZONE CHANGES AS REQUESTED; APPROVE THE CONDITIONAL USE PERMITS AS REQUESTED SUBJECT TO THE LISTED CONDITIONS OF APPROVAL; APPROVE CANCELLATION OF THE WILLIAMSON ACT LAND USE CONTRACT; DIRECT CLERK OF THE BOARD TO ISSUE A TENTATIVE CERTIFICATE OF CANCELLATION AND ISSUE A CERTIFICATE OF CANCELLATION, SUBJECT TO PAYMENT OF PENALTY FEES AND WRITTEN VERIFICATION FROM THE KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT THAT CONFIRMS THAT THE APPLICANTS ARE IN COMPLIANCE WITH ALL OTHER CONDITIONS CONTAINED IN THE TENTATIVE CERTIFICATE OF Summary of Proceedings (PC) - January 23, 2014 Page 8
Ed/Sp Res. #30-14 CA-6. CANCELLATION; APPROVE THE MEMORANDUM OF UNDERSTANDING/ AGREEMENTS FOR BINDING SUCCESSORS TO THE PROJECT TO COUNTY REGULATIONS AND AUTHORIZE THE CHAIRMAN TO SIGN; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE ATTACHED DRAFT RESOLUTIONS. THE MOTION CARRIED. CONDITIONAL USE PERMIT #10, MAP #80 - To allow a 100-foot-tall monopole wireless telecommunications facility with associated equipment shelter (Section 19.12.030.F) in an A H (Exclusive Agriculture - Airport Approach Height Combining) District - East side of State Highway 99, north of Road 5039 in the Shafter 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 15303 - (SD #1) - AT&T Mobility/American Tower Corporation by SureSite Consulting (PP14130) (Continued from November 14, 2013; December 12, 2013) 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. NEW CASES: Ed/Sp Res. #31-14 Res. #32-14 Ed/Sp Res. #33-14 Ed/Sp CA-7. CA-8. CA-9. CONDITIONAL USE PERMIT #56, MAP #165; ZONE VARIANCE #6, MAP #165 - (a) A Conditional Use Permit to allow construction of an 89-foot-tall monopine wireless communication facility with 12 antennas and associated devices in three sectors, and an associated equipment shelter (Section 19.12.030.F), in an A (Exclusive Agriculture) District; (b) A Zone Variance to remove the landscape requirements for a new wireless facility located within 1/4 mile of a residentially zoned area (Section 19.91.030.A.9), in an A (Exclusive Agriculture) District - West of the intersection of Cummings Valley Road and Reata Street, east of the Tehachapi area - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Section 15061(b)(3) - (SD #2) - AT&T by Vance Pomeroy (PP14152) 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 RESOLU- TIONS. ZONE CHANGE CASE #3, MAP #35 - A change in zone classification from A-1 (Limited Agriculture) to A (Exclusive Agriculture) or a more restrictive district - Intersection of Highway 65 and Sherwood Avenue, McFarland 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 15061(b)(3) - (SD #1) - Bruce Kelsey by Delmarter and Associates (PP14154) 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 ZONE CHANGE AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. CONDITIONAL USE PERMIT #3, MAP #104-15 - To allow the construction of a 80-foot-tall monopine with 12 antennas in three sectors and an equipment enclosure at the base to replace Summary of Proceedings (PC) - January 23, 2014 Page 9
Res. #34-14 Ed/Sp Res. #35-14 Res. #36-14 Ed/Sp Res. #37-14 Res. #38-14 an existing tower (Section 19.12.030.F) in an A (Exclusive Agriculture) District - East of the intersection of Canyon Street and Cliff Drive, east Bakersfield 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 15061(b)(3) - (SD #1) - AT&T by Vance Pomeroy (PP14153) 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-10. ZONE CHANGE CASE #54, MAP #100; AGRICULTURAL PRESERVE #9 - EXCLUSION- (a) A change in zone classification from A (Exclusive Agriculture) to C-2 PD (General Commercial - Precise Development Combining) or a more restrictive district; (b) Exclusion of approximately seven acres from the boundaries of an Agricultural Preserve - North side of Stockdale Highway, west of the intersection of Enos Lane (State Route 43) and Stockdale Highway in the western Rosedale area - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE ZONE CHANGE AS REQUESTED; APPROVE EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Section 15183 - (SD #4) - Angelo and Hazel Fanucchi by Patrick and Henderson, Inc. (PP14120) 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 ZONE CHANGE AS REQUESTED; APPROVE EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. CA-11. ZONE CHANGE CASE #55, MAP #100; AGRICULTURAL PRESERVE #9 - EXCLUSION- (a) A change in zone classification from A (Exclusive Agriculture) to M-2 PD (Medium Industrial - Precise Development Combining) or a more restrictive district; (b) Exclusion of approximately 82 acres from the boundaries of an Agricultural Preserve - Southwest of the intersection of Brimhall Road and Enos Lane (State Route 43) in the western Rosedale area - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE ZONE CHANGE AS REQUESTED; APPROVE EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Section 15183 - (SD #4) - Angelo and Hazel Fanucchi by Patrick and Henderson, Inc. (PP14119) 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 ZONE CHANGE AS REQUESTED; APPROVE EXCLUSION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. REQUEST FOR MODIFICATION OF CONDITIONAL USE PERMIT: Sp/Be 3 Ayes 2 Noes/Ed.Ma 12. CONDITIONAL USE PERMIT #6, MAP #142-1 - A modification of Conditional Use Permit 6, Map 142-1 (approved August 11, 2011; Resolution 106-11) which allowed the continued operation of an agricultural trucking facility (Section 19.12.030.A.2); requesting to amend conditions: (a) to allow an additional two years of operation; and (b) to provide operational clarity regarding stripping of vehicle parking stalls, type of wall construction, vegetative screening, storage of truck tires, and location of truck maintenance for the trucking facility (Section 19.12.030.A.2) in an A (Exclusive Agriculture) District - 10402 Compagnoni Summary of Proceedings (PC) - January 23, 2014 Page 10
Street, Bakersfield - STAFF RECOMMENDATION: ADOPT MITIGATION MEASURE MONITORING PROGRAM APPROVING CONDITIONAL USE PERMIT SUBJECT TO ORIGINAL CONDITIONS WITH RECOMMENDED CHANGES TO CONDITIONS (4)(C), (5)(D), (5)(F), (5)(P), AND (7); ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Negative Declaration (MMMP) - (SD #2) - Cristina Athwal by San Joaquin Engineering, Inc. STAFF PRESENTATION GIVEN BY SCOTT F. DENNEY, AICP, PLANNING OPERATIONS DIVISION CHIEF. BRETT DAWSON, THE APPLICANT'S REPRESENTATIVE, THANKED STAFF AND ASKED FOR A CONTINUANCE OF 30 DAYS TO MEET THE RECOMMENDED CONDITIONS OF APPROVAL. WILLIAM LEWIS, A LOCAL RESIDENT, STATED CONCERNS WITH THE PREVIOUS VIOLATIONS, TIRES AND OIL ON THE SITE AND THE EFFECT ON THEIR GROUNDWATER, AND ASKED THE COMMISSION TO DENY THE PROJECT. KAREN TRITCH, A LOCAL RESIDENT, STATED CONCERN WITH THE LACK OF COMPLIANCE BY THE APPLICANT AND FELT THE PROJECT NEEDED TO BE DENIED. BRETT DAWSON, THE APPLICANT'S REPRESENTATIVE, STATED THE APPLICANT WAS IN COMPLIANCE EXCEPT FOR THE BLOCK WALL AND THEY NEEDED TIME TO MEET THAT REQUIREMENT. WILLIAM LEWIS, A LOCAL RESIDENT, AGAIN STATED THE PROJECT REQUIRED A BLOCK WALL AND FELT THE APPLICANT SHOULD COMPLY. STAFF EXPLAINED THE ORIGINAL REASONING BEHIND THE CONDITION FOR THE BLOCK WALL AND STATED THAT SINCE THE APPLICANT NOW OWNED THE PARCEL THAT WAS TO BE BUFFERED BY THE REQUIRED BLOCK WALL A PORTION OF THE BLOCK WALL MAY NOT BE REQUIRED SINCE IT WOULD NOT SERVE THE PURPOSE FOR WHICH IT WAS INTENDED. COMMISSIONER SPRAGUE AGREED THE PROJECT REQUIRED A FULL BLOCK WALL, HOWEVER, WOULD SUPPORT A CONTINUANCE. COMMISSIONERS EDWARDS AND BELLUOMINI CONCURRED WITH HIS FELLOW COMMISSIONER. A MOTION WAS MADE BY COMMISSIONER SPRAGUE AND A SECOND BY COMMISSIONER BELLUOMINI TO CONTINUE THIS CASE TO MARCH 13, 2014. THE MOTION CARRIED. Be/Sp Res. #39-14 13. CONDITIONAL USE PERMIT #26, MAP #102-9 - A modification of Conditional Use Permit 26, Map 102-9 (approved September 24, 1987; Resolution 190-87; modification approved September 11, 1997; modification approved February 12, 1998), which allowed the expansion of a church facility (Section 19.16.030.J); which allowed the expansion of churchrelated school facilities (Section 19.16.030.K); and, which allowed a change in the fence height along the western property boundary (Section 19.16.030); requesting to expand the permitted boundary line, remove 2,000 square feet of classroom area, allow installation of two accessory shade structures, as well as allow the retention of existing parking lot, school-related buildings, and three cargo containers (Sections 19.16.030.J, 19.16.030.K, and 19.08.180.F) in the E (1/2) RS (Estate - 1/2 acre - Residential Suburban Combining) and E (1/4) RS (Estate - 1/4 acre - Residential Suburban Combining) Districts - 6201 Fruitvale Avenue, Bakersfield - STAFF RECOMMENDATION: APPROVE MODIFICATION OF CONDITIONAL USE PERMIT SUBJECT TO ORIGINAL CONDITIONS OF APPROVAL WITH AMENDMENT TO CONDITIONS (4) THROUGH (7), (9) THROUGH (19), (21) THROUGH (23), AND THE ADDITION OF 23 NEW CONDITION; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Negative Declaration (MMMP) - (SD #3) - Olive Knolls Church of the Nazarene by Patrick and Henderson, Inc. (PP13331) STAFF PRESENTATION GIVEN BY SCOTT F. DENNEY, AICP, PLANNING Summary of Proceedings (PC) - January 23, 2014 Page 11
OPERATIONS DIVISION CHIEF. BRUCE ANDERSON, THE APPLICANT'S REPRESENTATIVE, THANKED STAFF AND THE COMMISSION AND AGREED WITH STAFF'S RECOMMENDATION. LORI MALLARD, A LOCAL RESIDENT, STATED CONCERN WITH THE NOISE AND SUGGESTED A BLOCK WALL BE INSTALLED, ALSO ASKED ABOUT THE ACCESS EASEMENT. BRUCE ANDERSON, THE APPLICANT'S REPRESENTATIVE, STATED THEY WOULD WORK WITH THE NEIGHBORS ABOUT THE FENCING AND REGARDING THE EASEMENT THE APPLICANT WOULD CONTINUE TO ALLOW NEIGHBORS ACCESS AND THEY WOULD COMPLY WITH THE RECOMMENDED CONDITIONS OF APPROVAL, AND ASKED FOR THE COMMISSIONS APPROVAL. A MOTION WAS MADE BY COMMISSIONER BELLUOMINI AND A SECOND BY COMMISSIONER SPRAGUE APPROVING MODIFICATION OF CONDITIONAL USE PERMIT SUBJECT TO ORIGINAL CONDITIONS OF APPROVAL WITH AMENDMENT TO CONDITIONS (4) THROUGH (7), (9) THROUGH (19), (21) THROUGH (23), AND THE ADDITION OF 23 NEW CONDITION; AND ADOPTED THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. THE MOTION CARRIED. MEETING ADJOURNED AT 2:32 a.m. Respectfully submitted, LORELEI H. OVIATT, Secretary KERN COUNTY PLANNING COMMISSION Attest: CHRIS BABCOCK, Chairman sc Summary of Proceedings (PC) - January 23, 2014 Page 12