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

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1 SUMMARY OF PROCEEDINGS KERN COUNTY PLANNING COMMISSION Chambers of the Board of Supervisors Kern County Administrative Center 1115 Truxtun Avenue Bakersfield, California COMMISSION CONVENED Regular Meeting Thursday, October 28, :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 14, UNANIMOUSLY APPROVED. PUBLIC HEARINGS: William Nelson, a local citizen, stated concern with the development of solar farms in Kern County being driven by the County's tax base and felt bigger was not always better. CONTINUED CASES: Res. # Res. # Res. # CONDITIONAL USE PERMIT #27, MAP #196; CONDITIONAL USE PERMIT #41, MAP #213; CONDITIONAL USE PERMIT #22, MAP #214 - Modification of three conditional use permits to amend conditions of approval associated with an existing surface mining and reclamation plan to clarify conditions related to the Surface Mining and Reclamation Act of 1975 (SMARA) and State Mining and Geology Board regulations as authorized by these permits (Conditional Use Permit 27, Map 196, Resolution 51-10, approved April 8, 2010; Conditional Use Permit 41, Map 213, Resolution 52-10, approved April 8, 2010; and Conditional Use Permit 22, Map 214, Resolution 53-10, approved April 8, 2010) which allowed a surface mining operation and reclamation plan on private and federally administered lands, in accordance with SMARA (Section ), in the A-1 (Limited Agriculture) and E (2 1/2) RS (Estate - 2 1/2 acres - Residential Suburban Combining) Districts - Approximately two miles west of State Route 14, generally south of Silver Queen Road, and five miles south of Mojave, south-eastern Kern County - APPROVE THE MODIFICATION OF THE CONDITIONAL USE PERMITS SUBJECT TO THE ORIGINAL CONDITIONS OF APPROVAL WITH THE AMENDMENT OF CONDITIONS (1), (49), (57), (68), (75), (77), (78), (79), (80), (103), AND (107) AND THE ADDITION OF CONDITIONS (112), (113), AND (114); ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS - CEQA Guideline: Statutorily Exempt, Section (SD #2) - Golden Queen Mining Company, Inc. (PP08210) ARCHIE MOORE, A LOCAL RESIDENT, STATED CONCERN THAT THE APPLICANT HAD NOT PURCHASED HIS PROPERTY AS THEY HAD THE SURROUNDING PROPERTIES AND WAS OPPOSED TO THE PROJECT AND ASKED FOR A DENIAL.

2 A MOTION WAS MADE BY COMMISSIONER SPRAGUE AND A SECOND BY COMMISSIONERR PEREZ APPROVED THE MODIFICATION OF THE CONDITIONAL USE PERMITS SUBJECT TO THE ORIGINAL CONDITIONS OF APPROVAL WITH THE AMENDMENT OF CONDITIONS (1), (49), (57), (68), (75), (77), (78), (79), (80), (103), AND (107) AND THE ADDITION OF CONDITIONS (112), (113), AND (114); ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTIONS. THE MOTION CARRIED. Pe/Ma Res. # ZONE CHANGE CASE #14, MAP #122 - A change in zone classification from M-3 (Heavy Industrial) to M-3 PD (Heavy Industrial - Precise Development Combining) or a more restrictive district Stockdale Highway, intersection of Stockdale Highway and Superior Road, western Rosedale - 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 RESOLU- TION - CEQA Guideline: Section 15061(b)(3) - (SD #4) - Kern County Planning and Community Development Department (PP11207) SCOTT F. DENNEY, AICP, PLANNING OPERATIONS DIVISION CHIEF GAVE A STAFF PRESENTATION. JESS KARR, THE PROPERTY OWNER, STATED HIS OPPOSITION TO THE PROPOSAL AND ASKED FOR A DENIAL. STAFF STATED IMPLEMENATTION OF THE PD DISTRICT TO M-3 ZONING WAS A MEANS TO BRING PARCELS INTO CONFORMITY AND PROTECT ENVIRONMENT SURROUNDING PROPERTIES AND PROPERTY OWNERS. COMMISSIONER SPRAGUE ASKED THE APPLICANT HOW LONG THE CLEANUP OF THE SITE WOULD TAKE AND WHEN PENALITIES WOULD BE PAID. MR. KARR STATED THAT THE CLEANUP AND THE PAYING PENALITIES WOULD TAKE APPROXIMATELY ONE YEAR TO COMPLETE. COMMISSIONER BABCOCK STATED HIS AGREEMENT WITH STAFF'S RECOMMENDATION. COMMISSIONER MARTIN DISAGREED WITH THE COUNTY'S POLICY TO IMPLEMENT THE PD DISTRICT ON HEAVY INDUSTRIAL PARCELS, BUT FELT THIS WAS THE BEST MEANS OF ENFORCEMENT FOR THIS PROJECT AND INCLINED TO AGREE WITH STAFF, HOWEVER, HE DID NOT WANT TO SEE THE IMPLEMENTATION OF THE PD DISTRICT AS A MEANS TO REPLAN THE ENTIRE COUNTY. A MOTION WAS MADE BY COMMISSIONER PEREZ AND A SECOND BY COMMISSIONER MARTIN RECOMMENDING THE BOARD OF SUPERVISORS APPROVE ZONE CHANGE AS REQUESTED AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. THE MOTION CARRIED. 3 Ayes 1 Abd/Ma Res. # SPECIFIC PLAN AMENDMENT #138, MAP #500 - (a) Adoption of the Greater Tehachapi Area Specific and Community Plan text, land use and circulation map; (b) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from various Map Code(s) to Map Code 4.1 (Accepted County Plan Areas) and adoption of underlying land use Map Code(s) identified within the proposed Specific Plan; (c) Amend the Circulation Element of the Kern County General Plan and adoption of the underlying Circulation Map within the proposed Specific Plan; (d) Rescind the following Map Code 4.1 (Accepted County Plan Areas) as identified in Appendix A of the Kern County General Plan, Bear Valley Springs, Golden Hills, Keene Rural Community, Monolith, Mendiburu Springs, North Cummings Valley, Old Town Stallion Springs Phase II, Stallion Springs Tract 4286, and Tamaron; (e) Rescind the following Map Code 4.3 (Specific Plan Required) areas as identified in Appendix C of the Kern County General Plan, Alpine Forest, Cummings Ranch, Cummings Peak, Mackenzie, and Stallion Springs Phase III. - Tehachapi - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO Summary of Proceedings (PC) - October 28, 2010 Page 2

3 CERTIFY ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM; ADOPT THE GREATER TEHACHAPI AREA SPECIFIC AND COMMUNITY PLAN TEXT, LAND USE AND CIRCULATION MAP AS REQUESTED; AMEND THE LAND USE, OPEN SPACE AND CONSERVATION ELEMENT OF THE KERN COUNTY GENERAL PLAN FROM VARIOUS MAP CODE(S) TO MAP CODE 4.1 (ACCEPTED COUNTY PLAN AREAS) AND ADOPTION OF UNDERLYING LAND USE MAP CODE(S) IDENTIFIED WITHIN THE PROPOSED SPECIFIC PLAN; AMEND THE CIRCULATION ELEMENT OF THE KERN COUNTY GENERAL PLAN AND ADOPTION OF THE UNDERLYING CIRCULATION MAP WITHIN THE PROPOSED SPECIFIC PLAN; RESCIND THE FOLLOWING MAP CODE 4.1 (ACCEPTED COUNTY PLAN AREAS) AS IDENTIFIED IN APPENDIX A OF THE KERN COUNTY GENERAL PLAN: BEAR VALLEY SPRINGS, GOLDEN HILLS, KEENE RURAL COMMUNITY, MONOLITH, MENDIBURU SPRINGS, NORTH CUMMINGS VALLEY, OLD TOWN STALLION SPRINGS PHASE II, STALLION SPRINGS TRACT 4286, AND TAMARON; RESCIND THE FOLLOWING MAP CODE 4.3 (SPECIFIC PLAN REQUIRED) AREAS AS IDENTIFIED IN APPENDIX C OF THE KERN COUNTY GENERAL PLAN: ALPINE FOREST, CUMMINGS RANCH, CUMMINGS PEAK, MACKENZIE, AND STALLION SPRINGS PHASE III; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Environmental Impact Report - (SD #2) - Kern County Planning and Community Development (PP07003) COMMISSIONER MARTIN RECUSSED HIMSELF FROM THE PROCEEDINGS. CRAIG M. MURPHY, ADVANCED PLANNING DIVISION CHIEF GAVE A STAFF PRESENTATION. CAROLYN MCINTRYE, A LOCAL RESIDENT IN THE FAIRVIEW RANCH AREA, SUBMITTED A PETITION THAT WAS RECEIVED AND FILED. MS. MCINTRYE STATED CONCERN WITH CUMMINGS VALLEY ROAD BEING MADE A COLLECTOR ROAD AND ASKED THAT IT REMAIN AS IS. VICKY HOFFMAN, A LOCAL RESIDENT IN THE FAIRVIEW RANCH AREA, SUBMITTED A DOCUMENT THAT WAS RECEIVED AND FILED. MS. HOFFMAN GAVE A PRESENTATION ADDRESSING CONCERNS REGARDING THE CHANGE TO CUMMINGS VALLEY ROAD. MAUREEN KELLY, WITH THE FAIRVIEW RANCH HOMEOWNER'S ASSOCIATION, SUBMITTED A DOCUMENT THAT WAS RECEIVED AND FILED. MS. KELLY STATED THEIR OPPOSITION TO THE PROPOSED CHANGE OF CUMMINGS VALLEY ROAD. CHUCK NIELSEN, A LOCAL RESIDENT IN THE FAIRVIEW RANCH AREA, SUBMITTED A DOCUMENT THAT WAS RECEIVED AND FILED. MR. NIELSEN STATED CONCERNS WITH THE LACK OF NOTIFICATION TO THE WATER COMPANY, AS WELL AS CURRENT ENTITLEMENTS, ROAD DESIGNS BEING APPROPRIATED, AND RESTRICTIONS OF ROAD USES IN THE AREA. DOUG HOFFMAN, A LOCAL RESIDENT IN THE FAIRVIEW RANCH AREA, SUBMITTED A DOCUMENT THAT WAS RECEIVED AND FILED. MR. HOFFMAN HAD CONCERNS WITH THE ROAD CIRCULATION ISSUE, POTENTIAL BUILDOUT, AND THE NEED FOR CHANGE OF AN EXISTING ROAD SYSTEMS. ELIZABETH FONTAINE, WITH FRIENDS OF THE OAKS, SUBMITTED A LETTER THAT WAS RECEIVED AND FILED. MS. FONTAINE STATED THEIR SUPPORT OF THE SPECIFIC PLAN AND THANKED STAFF FOR PROTECTING TEHACHAPI'S RESOURCES WITH THE OAK ORDINANCE, DARK SKY ORDINANCE, AND ASKED THAT THEIR EXCELLENT AIR QUALITY BE MAINTAINED, AND FELT THE COMMISSION SHOULD SEIZE THE OPPORTUNITY TO APPROVE THE PROPOSAL. TERRY WARSAW, M.D., WITH SMART GROWTH, SUBMITTED A LETTER THAT WAS RECEIVED AND FILED. DR. WARSAW Summary of Proceedings (PC) - October 28, 2010 Page 3

4 STATED CONCERNS WITH THE LACK OF COMMUNITY INVOLVEMENT AND THE OPPORTUNITY TO STUDY THE PLAN, AND RECOMMEDED THE PLAN BE RECIRCULATED IN THE BEST INTEREST OF THE COMMUNITY. FRED PORTER, JR., WITH PORTER AND ASSOCIATES REPRESENTING THE GOLDEN HILLS SANITATION COMPANY, ASKED FOR A MITIGATION MEASURE TO ADDRESS DRY SEWER INSTEAD OF SEPTIC AND FELT THE PLAN NEEDED TO BE RECIRCULATED. PENNY MELKO, A LOCAL RESIDENT IN THE SAND CANYON AREA, STATED CONCERNS WITH THE LOSS OF NIGHT SKIES, THE PROPOSED HIGH SPEED RAIL SYSTEM, TURBINE NOISE, AND AIR POLLUTION AND ITS EFFECT ON OUR CLIMATE. GEORGETTE THEOTIG, WITH THE SIERRA CLUB/KERN KAWEAH CHAPTER, SUBMITTED A LETTER THAT WAS RECEIVED AND FILED WITH NO COMMENT. WILLIAM NELSON, A LOCAL RESIDENT, STATED THIS PROCESS HAD BEEN RUSHED AND WAS A POLITCALLY DRIVEN INTENSE SPECIFIC PLAN AND HAD CONCERNS ON HOW DEVELOPMENT AND INFRASTRUCTURE SHOULD BE BUILDOUT, WHAT LIMITATIONS WOULD BE PLACED ON GROWTH IN OPEN SPACE AND AGRICULTURAL LANDS, HOW ADEQUATE WERE THE MITIGATION MEASURES, THE AVAILABILITY OF WATER, AND FELT THIS POLICY DISREGARDED THE UNIQUENESS OF THE COMMUNITY, AND ASKED THAT IT BE DENIED. WARREN MAXWELL, WITH THE KERN COUNTY ROADS DEPARTMENT, ADDRESSED THE CONCERNS WITH CUMMINGS VALLEY ROAD AND THE PROPOSED ROAD CIRCULATION ELEMENT. COMMISSIONER BABCOCK ASKED THAT A SECOND SURVEY BE MADE TO ADDRESS THE PLAN'S CIRCULATION ELEMENT AND HE COULD SUPPORT STAFF'S RECOMMENDATION. COMMISSIONER SPRAGUE ASKED FOR A MITIGATION MEASURE TO INCLUDE THE DRY SEWER CONNECTION AND ALSO WOULD SUPPORT STAFF'S RECOMMENDATION. COMMISSIONER PEREZ THANKED STAFF AND THE COMMUNITY AND ALSO SUPPORTED STAFF'S RECOMMENTAION. STAFF READ INTO THE RECORD THE REVISED RECOMMENDATION. A MOTION WAS MADE BY COMMISSIONER SPRAGUE AND A SECOND BY COMMISSIONER PEREZ RECOMMENDING THE BOARD OF SUPERVISORS CERTIFY ENVIRONMENTAL IMPACT REPORT; ADOPT REVISED SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT REVISED MITIGATION MEASURE MONITORING PROGRAM; ADOPT THE REVISED GREATER TEHACHAPI AREA SPECIFIC AND COMMUNITY PLAN TEXT, LAND USE AND CIRCULATION MAP AS REQUESTED; AMEND THE LAND USE, OPEN SPACE AND CONSERVATION ELEMENT OF THE KERN COUNTY GENERAL PLAN FROM VARIOUS MAP CODE(S) TO MAP CODE 4.1 (ACCEPTED COUNTY PLAN AREAS) AND ADOPTION OF UNDERLYING LAND USE MAP CODE(S) IDENTIFIED WITHIN THE PROPOSED SPECIFIC PLAN; AMEND THE CIRCULATION ELEMENT OF THE KERN COUNTY GENERAL PLAN AND ADOPTION OF THE UNDERLYING CIRCULATION MAP WITHIN THE PROPOSED SPECIFIC PLAN; RESCIND THE FOLLOWING MAP CODE 4.1 (ACCEPTED COUNTY PLAN AREAS) AS IDENTIFIED IN APPENDIX A OF THE KERN COUNTY GENERAL PLAN: BEAR VALLEY SPRINGS, GOLDEN HILLS, KEENE RURAL COMMUNITY, MONOLITH, MENDIBURU SPRINGS, NORTH CUMMINGS VALLEY, OLD TOWN STALLION SPRINGS PHASE II, STALLION SPRINGS TRACT 4286, AND TAMARON; RESCIND THE FOLLOWING MAP CODE 4.3 (SPECIFIC PLAN REQUIRED) AREAS AS IDENTIFIED IN APPENDIX C OF THE KERN COUNTY GENERAL PLAN: ALPINE FOREST, CUMMINGS RANCH, CUMMINGS PEAK, MACKENZIE, AND STALLION SPRINGS PHASE III; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. THE MOTION CARRIED. Summary of Proceedings (PC) - October 28, 2010 Page 4

5 NEW CASES: Res. # CA-4. ZONE CHANGE CASE #18, MAP #157 - A change in zone classification from A-1 (Limited Agriculture) to NR (5) (Natural Resource - 5 acres) or a more restrictive district - West of Highway 33, approximately 2 1/2 miles south of Taft - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO APPROVE ZONE CHANGE AS RECOMMENDED BY STAFF AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section (SD #4) - Berry Petroleum Company by DeWalt Corporation 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 RECOMMENDED BY STAFF AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE RESOLUTION. REQUEST FOR MODIFICATION OF CONDITIONAL USE PERMIT: Ma/Pe 5. CONDITIONAL USE PERMIT #5, MAP #28 - A Modification of a Conditional Use Permit (Resolution ; approved April 24, 1995) to allow the expansion of an existing organic waste composting facility to include a waste (biosolids and biomass) to energy gasification operation (Section H) in an A (Exclusive Agriculture) District Holloway Road, six miles north of Highway 46, approximately five miles west of Interstate-5, ten miles northwest of Lost Hills - STAFF RECOMMENDATION: CONTINUE TO NOVEMBER 11, CEQA Guideline: Environmental Impact Report - (SD #4) - Liberty Energy Center by Liberty Composting, Inc (PP07211) THIS CASE WAS CONTINUED TO NOVEMBER 11, MEETING ADJOURNED AT 9:50 p.m. Respectfully submitted, LORELEI H. OVIATT, Secretary KERN COUNTY PLANNING COMMISSION Attest: LETICIA PEREZ, Chairman sc Summary of Proceedings (PC) - October 28, 2010 Page 5