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 NOVEMBER 12, 2015-7:00 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. Sprague, Mr. Louie, Mr. Babcock, Ms. Garcia, Ms. Poole 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 C. APPROVAL OF MINUTES: October 22, 2015 D. CASES WITHDRAWN OR REQUESTS FOR CONTINUANCE: #1. CUP #12, Map #115-36 - Donna Gallagher and Gary Gearhart by Common Sense Consulting - Refer back to Staff #3. SPA #15, Map #232; ZCC #32, Map #232; CUP #26, Map #232 - Willow Springs Solar Project by Willow Springs Solar, LLC (First Solar) - Continue to December 10, 2015 #6. CUP #134, Map #101 - David and Melody Carr by Brumfield and Hagan, LLP (PP16122) - Continued to December 10, 2015 #8. TR #7297; ZV #73, Map #101 - Landeron, LLC by Delmarter and Associates - Continue to December 10, 2015
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. Charles Wilson #4. Doud Land Company by Bruce Anderson (ND - MMMP) #5. David Aezah MODIFICATION OF CONDITIONAL USE PERMIT #9. Cristina Athwal (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 #12, MAP #115-36 - To allow the retention of a cargo container as an accessory structure (Section 19.18.030.I) in a R-1 MH (Low-density Residential - Mobilehome Combining) District - 27285 Santa Fe Avenue, Johannesburg - STAFF RECOMMENDATION: REFER BACK TO STAFF - Environmental Review: Section 15303 - (SD #1) - Donna Gallagher and Gary Gearhart by Common Sense Consulting (PP15188) November 12, 2015 Page 2
CA-2. ZONE CHANGE CASE #4, MAP #192-35 - A change in zone classification from C-2 (General Commercial) to E (1/4) (Estate - 1/4 acre) or a more restrictive district - 12200 Monte Vista Street, Boron - 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 15182 - (SD #2) - Charles Wilson (PP16118) 3. SPECIFIC PLAN AMENDMENT #15, MAP #232; ZONE CHANGE CASE #32, MAP #232; CONDITIONAL USE PERMIT #26, MAP #232 - (a) Amend the Land Use, Open Space and Conservation Element of the Willow Springs Specific Plan from Map Code(s) 5.3/4.4/2.8 (Residential - Maximum 10 Units/Net Acre - Comprehensive Planning Area - Military Flight Operations - 65 decibels), 5.3/4.4/2.85 (Residential - Maximum 10 Units/Net Acre - Comprehensive Planning Area - Noise/Military Flight Operations - 60 decibels), 5.5/4.4/2.8 (Residential - Maximum 1 Unit/Net Acre - Comprehensive Planning Area - Military Flight Operations - 65 decibels), and 6.2/4.4 (General Commercial - Comprehensive Planning Area) to Map Code(s 5.3/2.8 (Residential - Maximum 10 Units/Net Acre - Military Flight Operations - 65 decibels), 5.3/2.85 (Residential - Maximum 10 Units/Net Acre - Noise - Mobile Source - 60 decibels), 5.5/2.8 (Residential - Maximum 1 Unit/Net Acre - Military Flight Operations - 65 decibels) and 6.2 (General Commercial) or more restrictive map code designations; (b) A change in zone classification from C-2 PD FPS (General Commercial - Precise Development Combining - Floodplain Secondary Combining), A FPS (Exclusive Agriculture - Floodplain Secondary Combining) [R-1 PD FPS (Low-density Residential - Precise Development Combining - Floodplain Secondary Combining) in suspense], E (1) RS FPS (Estate - 1 acre - Residential Suburban Combining - Floodplain Secondary Combining) [R-1 PD FPS in suspense], E (2 1/2) RS FPS (Estate - 2 1/2 acres - Residential Suburban Combining - Floodplain Secondary Combining) [R-1 PD FPS in suspense], and SP (Special Planning) to A FPS (Exclusive Agriculture - Floodplain Secondary Combining) or a more restrictive district; (c) A Conditional Use Permit to allow for the construction and operation of a 150 megawatts (MW) solar energy generating facility (Section 19.12.030.G) in an A FPS (Exclusive Agriculture - Floodplain Secondary Combining) District - North of Avenue A, south of Holiday Avenue, between 100th Street West and 120th Street West, approximately eight (8) miles west of the unincorporated community of Rosamond in eastern Kern County - STAFF RECOMMENDATION: CONTINUE TO DECEMBER 10, 2015 - Environmental Review: Environmental Impact Report (MMMP) - (SD #2) - Willow Springs Solar Project by Willow Springs Solar, LLC (First Solar) (PP10232) CA-4. GENERAL PLAN AMENDMENT #9, MAP #140; ZONE CHANGE CASE #17, MAP #140; PRECISE DEVELOPMENT PLAN #11, MAP #140; AGRICULTURAL PRESERVE #10 - EXCLUSION- (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.3 (Extensive Agriculture) to Map Code(s) 7.1 (Light Industrial) or a more restrictive map code designation; (b) A change in zone classification from A (Exclusive Agriculture) to M-1 PD (Light Industrial - Precise Development Combining) or a more restrictive district; (c) A Precise Development Plan for five (5) office/warehouse buildings (Section 19.36.020.D.1 and Section 19.36.020.E.2) in a M-1 PD (Light Industrial - Precise Development Combining) District; (d) Exclusion of approximately 20.03 acres from the boundaries of an Agricultural Preserve - 10121 and 10131 South Enos Lane, south of the intersection at South Enos Lane (State Route 43) and Taft Highway (State Route 119), southwest of Bakersfield - STAFF November 12, 2015 Page 3
RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS TO ADOPT MITIGATED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; APPROVE GENERAL PLAN AMENDMENT AS REQUESTED; APPROVE ZONE CHANGE AS REQUESTED; APPROVE PRECISE DEVELOPMENT PLAN, SUBJECT TO RECOMMENDED CONDITIONS; APPROVE EXCLUSION AS REQUESTED; ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Mitigated Negative Declaration (MMMP) - (SD #4) - Doud Land Company by Bruce Anderson (PP15197) CA-5. ZONE CHANGE CASE #48, MAP #102-12; PRECISE DEVELOPMENT PLAN #23, MAP #102-12; ZONE VARIANCE #95, MAP #102-12 - (a) A change in zone classification from R-1 (Low-density Residential) to C-1 PD (Neighborhood Commercial - Precise Development Combining) or a more restrictive district; (b) A Precise Development Plan for a convenience market (Section 19.30.020.C.3) in a C-1 PD (Neighborhood Commercial - Precise Development Combining) District; (c) A Zone Variance to allow six (6) on-site parking spaces, where twelve (12) spaces are required (Section 19.82.020.D.4) in a C-1 PD (Neighborhood Commercial - Precise Development Combining) District - 1303 Oildale Drive, Bakersfield - STAFF RECOMMENDATION: ADVISE PLANNING COMMISSION TO RECOMMEND THE BOARD OF SUPERVISORS APPROVE ZONE CHANGE AS REQUESTED; APPROVE PRECISE DEVELOPMENT PLAN SUBJECT TO CONDITIONS; APPROVE ZONE VARIANCE SUBJECT TO CONDITIONS; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTIONS - Environmental Review: Section 15183; Sections 15303 and 15311 - (SD #3) - David Aezah (PP15131) 6. CONDITIONAL USE PERMIT #134, MAP #101 - To allow an athletic and fitness training facility (Sections 19.08.030 through 19.08.085 - Alternative to Determination of Similar Use) in an E (2 1/2) RS PE (Estate - 2 1/2 acres - Residential Suburban Combining - Petroleum Extraction Combining) District - 18217 Tiata Avenue, Bakersfield - STAFF RECOMMENDATION: CONTINUE TO DECEMBER 10, 2015 - Environmental Review: Sections 15301 and 15303 - (SD #4) - David and Melody Carr by Brumfield and Hagan, LLP (PP16122) 7. TRACT #7289 - Vesting Tentative Tract Map 7289; proposing to divide a 14.54-acre site into 34 lots ranging in size from 10,891 square feet (net) to 22,970 square feet (net) for single-family residential use and a 30,088-square-foot (net) sump lot; two limited design variations - Northwest corner of Hageman Road and Santa Fe Way in the Western Rosedale area - STAFF RECOMMENDATION: APPROVE VESTING TENTATIVE TRACT MAP NO. 7289, SUBJECT TO CONDITIONS; APPROVE PETITIONS 2751 AND 2752 (LIMITED DESIGN VARIATIONS); ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Sections 15182 and 15183 - (SD #4) - Kern Land Partners, LLC by McIntosh and Associates 8. TRACT #7297; ZONE VARIANCE #73, MAP #101 - (a) Vesting Tentative Tract Map 7297; proposing to divide a 15-acre site into 12 lots ranging in size from 1.00 acres (net) to 1.03 acres (net) for single-family residential use, a 5,968-square-foot (net) sump lot and a 28,722-square-foot (net) sump lot; a development variation to the Land Division Ordinance to allow deletion of sidewalks on a local street; (b) A Zone Variance to allow a 5,968-square-foot (net) lot and a 28,722-square-foot (net) lot, where one (1) acre (net) is November 12, 2015 Page 4
required (Section 19.16.050) in an E (1) RS PE (Estate - 1 acre - Residential Suburban Combining - Petroleum Extraction Combining) District; (c) Request for Waiver of Signatures of Mineral Rights Owners in accordance with Section 18.15.030.K of the Kern County Land Division Ordinance - West side of Wegis Avenue, approximately a 1/4 mile north of Palm Avenue in the Western Rosedale area - STAFF RECOMMENDATION: CONTINUE TO DECEMBER 10, 2015 - Environmental Review: Section 15183 - (SD #4) - Landeron, LLC by Delmarter and Associates REQUEST FOR MODIFICATION OF CONDITIONAL USE PERMIT: CA-9. 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) for a temporary two-year period; modified (March 13, 2014; Resolution 55-14), which subsequently provided an additional six-month period of operation and operational clarity; modified (November 13, 2014; Resolution 171-14), which subsequently modified conditions of approval for an additional one-year period of operation; requesting to amend conditions to allow an additional one-year period of operation in an A (Exclusive Agriculture) District - 10402 Compagnoni Street, Bakersfield - STAFF RECOMMENDATION: ADOPT MITIGATION MEASURE MONITORING PROGRAM; APPROVE MODIFICATION OF THE CONDITIONAL USE PERMIT, SUBJECT TO ORIGINAL CONDITIONS OF APPROVAL, WITH AMENDMENT TO CONDITIONS (7) AND (9) AS RECOMMENDED BY STAFF; AND ADOPT THE SUGGESTED FINDINGS AS SET FORTH IN THE DRAFT RESOLUTION - Environmental Review: Mitigated Negative Declaration (MMMP) - (SD #2) - Cristina Athwal (PP11232) 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 December 10, 2015 November 12, 2015 Page 5
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. dr November 12, 2015 Page 6