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Kern Valley Sun 10-19-2011: Major Zoning Changes up for Consideration - 2011/10/19 11:49 SOURCE: http://www.kvsun.com/articles/2011/10/19/opinion/editorials/doc4e9dfa4b28e65698985611.txt
Kern Valley Sun 10-19-2011:

Major Zoning Changes up for Consideration

OPINION:
Every few years, staff at the Kern County Planning and Community Development Department seeks to improve our Zoning Ordinance (the most important ordinance affecting land use in our County).

After a long process, on Sept. 22, the Planning Commission approved a batch of revisions to the zoning ordinance. Our Board of Supervisors is scheduled to consider it at 2:00 p.m., Nov. 8 in Bakersfield.

A 10-5-2011 Letter to the Editor of the Kern Valley Sun “Betrayed by county planners” recently stated “The revision is not about dark skies, dogs or community gardens. The real agenda of the revision is to allow utility companies’ 500-foot wind turbines above Lake Isabella, Wofford Heights, Kernville and out Kelso Valley Road.” That statement is misleading at best!

Yes, the former proposed limits on the number of dogs and cats were withdrawn, but the fact is that the 2011 Kern County Zoning Ordinance Revisions are all about many other things, including a Dark Sky Outdoor Lighting Ordinance (a FIRST for Kern County), allowing community gardens as well as new water-efficient landscaping requirements for multi-family residential, commercial, and industrial uses. The proposed changes would streamline requirements for installation of small wind energy systems (not allow 500-foot-tall wind turbines). The changes would also add "Electrical power generating plant in conjunction with a biogas recovery system associated with a confined animal facility" to the list of permitted uses in the Exclusive Agriculture “A” Zoning District.

Since 2006, when several Kern Valley residents spoke to the Board of Supervisors, several drafts of a Dark Sky Outdoor Lighting Ordinance for Kern County’s unincorporated areas have been reviewed at a number of public workshops. This ordinance would not affect the incorporated cities (like Bakersfield, Delano, Ridgecrest, Taft or Tehachapi). But we’d hope those municipalities might consider protecting the County’s Dark Sky in the future.

Many wished that the ordinance would apply to existing lighting retroactively (like some other counties and cities have done), especially to most egregious examples of nuisance lighting affecting neighbors. But, in its current form, Kern County’s proposed Dark Sky Ordinance will only apply to new lighting (not to any existing lighting). Bottom line is that the proposed Dark Sky is not perfect, but is a major step forward for Kern County and a lot better than what we have now (which is nothing).

Further, the statement in that misleading letter to the editor “you, the average homeowner, will not be allowed to install enough capacity to generate back into the grid” is groundless, a misread of the sections lifting the current one acre limit for solar energy electrical generators when accessory to a permitted use in the Agriculture, Medium & Heavy Industrial, and Natural Resource zoning districts. Few average homeowners would ever put more than one acre of panels on their lots; roof-top panels aren’t affected by that proposed easing up of restrictions.

Not convinced? Just read it for yourself: Staff report to the Planning Commission http://goo.gl/6IZKZ ; last version of the proposed Proposed 2011 Kern County Zoning Ordinance Revisions http://goo.gl/XB3IA.

Check it out for yourself. Become involved. Don’t let misstatements deter you from participating. You can comment up to or at the Nov. 8 hearing itself; but if you get in your comments by 5:00 p.m., Wednesday, Oct. 19 the Planning Staff can consider your input – which might affect their report to the Board of Supervisors.

Richard Rowe
Wofford Heights


Below is a link to the full OPINION article as submitted (before editing by the KV Sun):
File Attachment:
File name: Major_Zoning_Changes_up_for_consideration_10_16_2011.pdf
File size:427731 bytes


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COMMENTS 2011 Zoning Ordinance Revisions 10-19-2011 - 2011/10/19 14:02 Attached is a 5 page PDF file reflecting my comments on the 2011 Zoning Ordinance Revisions before the Board of Supervisors on Tuesday, November 8, 2011.

Tuesday, November 8: 2pm, Bakersfield
PUBLIC HEARING: 2011 Revisions
to the Kern County Zoning Ordinance

Kern County Planning & Community Development Department.
Kern County Board of Supervisors Notice of Public Hearing http://goo.gl/Ry5Bu (2 page 129 kb PDF file). The many proposed zoning revisions include: addition of a “Dark Skies” chapter [starting pages 82-94] to regulate the installation & operation of outdoor lighting [see http://goo.gl/P1kbl for 13 page 249kb PDF file KERN COUNTY OUTDOOR LIGHTING DARK SKY ORDINANCE rev 9-22-2011]; new provisions allowing “Community Gardens;” changes to requirements for installation of small wind energy systems; amending the definition of “Kennel;” adding a definition of “Rescue/Sanctuary Animal Facility;” modifying the County’s max. height restrictions; clarifying the max. number of dogs & cats that can be kept as an accessory use in the unincorporated area of the County, Eliminating the acreage limitation for solar energy electrical generators when accessory to a permitted or conditionally permitted use & where the power generated does not exceed total on-site demand, etc. PROPOSED 2011 KERN COUNTY ZONING ORDINANCE AMENDMENTS rev 9-22-2011 http://goo.gl/XB3IA for complete 136 page 1.1 MB PDF document. Comments to the Planning Commission should be submitted as soon as possible [be sure to reference Zoning Ordinance Revisions - 2011] FAX: (661) 862-8601. planning@co.kern.ca.us. Board of Supervisors Chambers, 1st Floor Kern County Administrative Center, 1115 Truxton (at N St.), Bakersfield MAP http://goo.gl/sHOEL. INFO: Kathe Malouf, Supervising Planner (661) 862-8948 maloufka@co.kern.ca.us or Rob Dmohowski, Planner 2 (661) 862-8767 dmohowskir@co.kern.ca.us.


RICHARD ROWE'S COMMENTS 2011 Zoning Ordinance Revisions 10-19-2011
File Attachment:
File name: COMMENTS_2011_Zoning_Ordinance_Revisions_10_19_2011.pdf
File size:475713 bytes
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Zoning Ordinance of Kern (Dec 2011) - 2011/12/16 10:54 Zoning Ordinance of Kern (Dec 2011)
On Tuesday, November 8, 2011, the Kern County Board of Supervisors approved many changes to the Zoning Ordinance, including a new DARK SKIES ORDINANCE and provisions for COMMUNITY GARDENS.

Zoning Ordinance of Kern (Dec 2011)
File Attachment:
File name: Kern_County_Zoning_Ordinace__Dec_2011_.pdf
File size:5303110 bytes
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DARK SKIES ORDINANCE (Dec 2011) - 2011/12/16 10:55 On Tuesday, November 8, 2011, the Kern County Board of Supervisors approved many changes to the Zoning Ordinance, including a new DARK SKIES ORDINANCE.
File Attachment:
File name: Kern_County_Dark_Skies_Ordinance___Chapter_19_81__Dec_2011_.pdf
File size:228818 bytes


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COMMUNITY GARDEN - STANDARDS (Dec 2011) - 2011/12/16 10:58 Kern County COMMUNITY GARDEN - STANDARDS (Dec 2011) [2 page 140kb PDF file]
File Attachment:
File name: Kern_County_Zoning_Ordinace_COMMUNITY_GARDEN___STANDARDS__Dec_2011__2.pdf
File size:142708 bytes
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