A G E N D A. REGULAR MEETING JUNE 13, :00 p.m.

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1 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 JUNE 13, :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 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. Sprague, Chair, Mr. Babcock, Vice-Chair, Mr. Belluomini, Mr. Edwards, Mr. Martin B. APPROVAL OF MINUTES: May 23, 2013 Advisory Members: Ms. Bjorn, Chief Deputy County Counsel Ms. Oviatt, Director, Planning and Community Development Department C. CASES WITHDRAWN OR REQUESTS FOR CONTINUANCE: #6. ZCC #21, Map #121; CUP #13, Map #121; ZV #7, Map #121 - AT&T/American Tower by SureSite Consulting Group, LLC - Continue to July 11, 2013 D. 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 #1. Fred May #2. Granite Construction Company #7. Kern County Planning and Community Development Department (PP13017)

2 E. 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. F. PUBLIC HEARINGS: NEW CASES: CA-1. ZONE CHANGE CASE #22, MAP # A change in zone classification from R-1 (Low-density Residential) to A (Exclusive Agriculture) and from CH (Highway Commercial) to A or more restrictive districts - East of Sirretta Street and south of Durrwood Street, Kernville area - STAFF RECOMMENDATION: ADVISE THE 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 - CEQA Guideline: Section 15061(b)(3) - (SD #1) - Fred May CA-2. CONDITIONAL USE PERMIT #14, MAP #81 - A modification of Conditional Use Permit 14, Map 81 (approved December 13, 1984; Resolution ) which allowed the expansion of a legally existing surface mining operation and a site reclamation plan (Section B in an A-2 (General Agricultural Zone)), to amend Condition (16) to provide operational clarity of the surface mining operation and reclamation plan (Section G) in the A (Exclusive Agriculture) District - East side of Highway 65, approximately 1/3 mile north of James Road, North Bakersfield area - STAFF RECOMMENDATION: APPROVE MODIFICATION OF THE CONDITIONAL USE PERMIT SUBJECT TO THE ORIGINAL CONDITIONS OF APPROVAL WITH THE REVISION OF CONDITION (16) AS PROPOSED BY STAFF AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section 15061(b)(3) - (SD #1) - Granite Construction Company 3. CANCELLATION #13-01, MAP #120 - Cancellation of an approximate 72-acre portion of an existing Williamson Act Land Use Contract within Agricultural Preserve 3 - West of Tupman Road, south of Adohr Road, west of Interstate 5, northwest of Tupman area - STAFF RECOMMENDATION: RECEIVE PUBLIC TESTIMONY AND CONTINUE TO JUNE 27, CEQA Guideline: Section (SD #4) - Hydrogen Energy International, LLC by Manatt, Phelps, and Phillips, LLP (PP12328) 4. CONDITIONAL USE PERMIT #6, MAP # To allow the retention of a commercial wedding facility (Section ) in an E (5) RS GH KRC (Estate - 5 acres - Residential Suburban Combining - Geologic Hazard Combining - Kern River Corridor) District and Round Mountain Road, northeast Bakersfield - STAFF RECOMMENDATION: APPROVE IN ACCORDANCE WITH THE RECOMMENDED CONDITIONS AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section (SD #1) - Meredith Carter (PP13309) June 13, 2013 Page 2

3 5. SPECIFIC PLAN AMENDMENT #18, MAP #232; SPECIFIC PLAN AMENDMENT #19, MAP #232 ZONE CHANGE CASE #36, MAP #232; CONDITIONAL USE PERMIT #27, MAP #232 - (a) Amend the Land Use Element of the Willow Springs Specific Plan from Map Code(s) 5.3/4.4 (Residential - Maximum 10 Units/Net Acre - Comprehensive Planning Area), 5.3/4.4/2.6 (Residential - Maximum 10 Units/Net Acre - Comprehensive Planning Area - Erosion Hazard), 5.6/2.6 (Residential - Minimum 2.5 Gross Acres/Unit - Erosion Hazard), 5.6/2.8 (Residential - Minimum 2.5 Gross Acres/Unit - Military Flight Operations), 5.6/2.85 (Residential - Minimum 2.5 Gross Acres/Unit - Noise - Mobile Source), 6.2 (General Commercial), and 6.2/2.6 (General Commercial - Erosion Hazard), to Map Code(s) 8.1 (Intensive Agriculture), 8.1/4.4 (Intensive Agriculture - Comprehensive Planning Area), 8.1/4.4/2.6 (Intensive Agriculture - Comprehensive Planning Area - Erosion Hazard), 8.1/2.6 (Intensive Agriculture - Erosion Hazard), 8.1/2.8 (Intensive Agriculture - Military Flight Operations), and 8.1/2.85 (Intensive Agriculture - Noise/Military Flight Operations) or more restrictive map code designations; (b) Amend the Circulation Element of the Willow Springs Specific Plan to remove section and midsection line road reservations within Section 28, 29, 32, and 33 of T9N, R14W, SBB&M; (c) A change in zone classification from E (2 1/2) RS FPS (Estate - 2 1/2 acres - Residential Suburban Combining - Floodplain Secondary Combining) 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; (d) A modification of Conditional Use Permit 27, Map 232 (approved November 9, 2010; Resolution ) to modify the conditional use permit boundaries and the location of an approved Substation, gen-tie power line, operations and maintenance building, and septic system, and to add up to 100 megawatts (MW) of solar development (Section G) in conjunction with the approved Rosamond Solar project, and to modify Condition (6) to extend the expiration date of the Conditional Use Permit 27, Map 232 (Extension of Time approved on February 7, 2013; expiration November 9, 2013) in the A (Exclusive Agriculture) District - East side of 150th Street, West; approximately 1/2 mile south of Rosamond Boulevard and 1/2 mile north of Avenue A in the Rosamond area, in eastern Kern County - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS ADOPT SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT MITIGATION MEASURE MONITORING PROGRAM; APPROVING THE SPECIFIC PLAN AMENDMENT AS REQUESTED; AMEND THE CIRCULATION ELEMENT AND THE LAND USE ELEMENT OF THE WILLOW SPRINGS SPECIFIC PLAN AS REQUESTED; APPROVE THE ZONE CHANGE AS REQUESTED; APPROVE MODIFICATION OF THE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO CONDITIONS OF APPROVAL; APPROVE THE MEMORANDUM OF UNDERSTANDING/AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - CEQA Guideline: Addendum Environmental Impact Report (MMMP) - (SD #2) - SGS Antelope Valley Development, LLC by R.L. Abbott and Associates (PP13292) 6. ZONE CHANGE CASE #21, MAP #121; CONDITIONAL USE PERMIT #13, MAP #121; ZONE VARIANCE #7, MAP #121 - (a) A change in zone classification from A-1 (Limited Agriculture) to CH PD (Highway Commercial - Precise Development Combining) or a more restrictive district; (b) A Conditional Use Permit to allow the installation of a 135-foot-tall lattice wireless communications facility and associated June 13, 2013 Page 3

4 equipment shelter (Section E) in a CH PD (Highway Commercial - Precise Development Combining) District; (c) A Zone Variance to allow the installation of a 135- foot-tall wireless communication facility, where the maximum permitted height is 80 feet (Section C) in a CH PD (Highway Commercial - Precise Development Combining) District - South side of Kelton Way, between Stockdale Highway and Interstate 5, west of Rosedale area - STAFF RECOMMENDATION: CONTINUE TO JULY 11, CEQA Guideline: Section 15061(b)(3) - (SD #4) - AT&T/American Tower, LLC by SureSite Consulting Group, LLC (PP13283) CA-7. GENERAL PLAN AMENDMENT #150, MAP #500 - Amend the text of Appendix F (Other Waste Facilities - Nonhazardous/Nondisposal Guidelines) of the Kern County General Plan regarding transformation and alternative fuels activities - Countywide - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE THE AMENDING TEXT OF APPENDIX F OF THE KERN COUNTY GENERAL PLAN AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - CEQA Guideline: Section 15061(b)(3) and Section (SD #All Districts) - Kern County Planning and Community Development Department (PP13017) G. 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 (a)). H. ADJOURNMENT: The next Planning Commission meeting is scheduled for June 27, 2013 NOTICE OF RIGHT TO APPEAL: For projects where Planning Commission action is final, actions are subject to appeal 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. June 13, 2013 Page 4

5 AMERICANS WITH DISABILITIES ACT (Government Code Section ) 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) 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 June 13, 2013 Page 5