
…of Nancy Shebesta, AIA, Architect and Principal of Sustainable Architecture, LLC in Lake Isabella, California. In what can be best described as bureaucratic poetry, the following is a portion of the official transcript of the Kern County Planning Commission meeting of January 26th, 2006.
Res. #14-06
CONDITIONAL USE PERMIT #3, MAP #64-18 – To allow the operation of a yoga institute
(Section 19.16.030.K.2) in an E (1/2) RS MH (Estate – 1/2 acre – Residential Suburban Combining – Mobilehome Combining) District – 145 Moore Avenue, Bodfish – STAFF RECOMMENDATION: APPROVE WITH CONDITIONS – CEQA Guideline: Negative Declaration (MMMP) – (SD #1) – Nancy Ivey by Nancy Shebesta (PP05221)HEARING OPENED; NANCY IVEY INFORMED THE COMMISSION SHE TAUGHT YOGA CLASSES AT CAL STATE/BAKERSFIELD AND CERRO COSO COMMUNITY COLLEGE. SHE FELT THE PROPOSED FACILITY WOULD BE A GIFT OF GOOD HEALTH TO THE VALLEY. SHE EXPLAINED SHE HAD A HOME OCCUPATION PERMIT AND HAD NOT HAD ANY COMPLAINTS. SHE ALSO EXPLAINED THAT WHEN EDUCATIONAL FUNDING WAS LOW, THERE WAS A STRONG POSSIBILITY THAT HER CLASSES WOULD BE DROPPED. COMMISSIONER BELLUOMINI ASKED FOR CLARIFICATION ON CONDITION 4. IDA BLYLEVEN SPOKE IN OPPOSITION STATING IT MADE HER NERVOUS HAVING STRANGERS WALKING AROUND. SHE WAS CONCERNED ABOUT TRAFFIC AND THAT MOORE AVENUE SHOULD BE WIDENED TO 20 FEET. MARJORY McCLUSKEY WANTED TO LIVE IN A PEACEFUL RURAL COMMUNITY. SHE WAS CONCERNED ABOUT NARROW ROADS AND TRAFFIC. SHE FELT A BUSINESS WAS NOT COMPATIBLE. SHE HAD BEEN CONCERNED ABOUT WATER CONTAMINATION, BUT FOUND OUT THAT WOULD NOT BE AN ISSUE IF THE FACILITY WAS ALLOWED. WALT MUELLER SAID HE HAD PURCHASED HIS PROPERTY IN 1954 AND WAS OPPOSED TO THE PROJECT. HE STATED THE ROAD HAD BEEN PUT IN BY HIM AND MAINTAINED BY HIM. HE STATED HE HAD EXPENDED A LARGE AMOUNT OF MONEY DEVELOPING HIS PROPERTY. HE ALSO SAID HE HAD NOT BEEN NOTIFIED OF THE PROJECT. MR. ELLIS LATER STATED MR. MUELLER WAS ON THE NOTIFICATION LIST AND SENT A HEARING NOTICE. MR. MUELLER FURTHER STATED THE PEOPLE IN SUPPORT OF THE PROJECT DID NOT LIVE CLOSE BY. HE WAS CONCERNED ABOUT THE NARROW ROAD AND TRAFFIC. HE ASSERTED THAT IT WOULD BE DIFFICULT FOR EMERGENCY VEHICLES TO RESPOND. JAMES MILLER SAID A COMMERCIAL PROJECT WAS NOT A GOOD IDEA FOR THE AREA. SAFETY AND TRAFFIC WERE ISSUES OF CONCERN. HE SAID IT WAS A GRAVEL ROAD, AND IF THERE WAS A FIRE, LIVES WOULD BE IN DANGER. HE SAID THERE WAS NOT A FIRE HYDRANT OR WATER AVAILABLE TO PUT OUT A FIRE. HE WAS CONCERNED ABOUT COMPLIANCE WITH CONDITIONS AND MONITORING THOSE CONDITIONS. THE COMMISSION HAD QUESTIONS REGARDING LEGAL ACCESS TO THE PROPERTY. THERE WAS DISCUSSION REGARDING RESERVATION OF RIGHT-OF-WAY AND BEING USED BY PERMISSION. DEBRA CHASE SPOKE IN SUPPORT STATING THE APPLICANT PROVIDED A VALUABLE SERVICE. SHE SAID SAFETY WAS AN ISSUE IN THE ENTIRE AREA AND THAT EVERYONE SPEAKING WAS FROM THE KERN VALLEY AREA. SHE ALSO STATED THEY WERE AWARE OF THE IMPORTANCE OF PROTECTING THE ENVIRONMENT. GARY FISHER, THE APPLICANT’S FATHER, SPOKE IN SUPPORT AND FELT THE PROJECT WOULD HAVE A POSITIVE IMPACT ON THE COMMUNITY. HE SAID HE HAD WATER TANKS FOR FIRE SUPPRESSION. HE ALSO SAID HE HELPS MAINTAIN THE ROAD. MICHAEL CALLEGY SAID DEVELOPMENT HAS GROWN IN THE AREA AND CONTENDED THE INSTITUTE HAS LESS OF AN IMPACT THAN THE ONGOING DEVELOPMENT. HE STATED THE FIRE TRUCKS COULD GET INTO THE AREA. THE COMMISSION ASKED IF MOORE AVENUE PROVIDED LEGAL ACCESS. MR. ELLIS SAID ENGINEERING AND SURVEY SERVICES DEPARTMENT HAD A HISTORY OF ACCEPTING IT AS ACCESS. MIKE MERK SAID THE PROJECT WAS EXACTLY THE TYPE OF SMALL SCALE BUSINESS NEEDED IN THE KERN RIVER VALLEY. HE EXPLAINED THAT PEOPLE WOULD NOT BE WONDERING AROUND. HE SPOKE OF TRAFFIC ISSUES. JENNIFER HAMMER SAID THE PROJECT WOULD BE AN ASSET TO THE VALLEY AND IT WAS A PEACEFUL AND RESPECTFUL PRACTICE. SHE SAID GRAVELED AND NARROW ROADS WERE NORMAL IN THE ENTIRE VALLEY. SHE STATED THAT EXTENSIVE FIRE PREVENTION TECHNIQUES WERE USED. ROBERT LOWE STATED TRAFFIC WOULD NOT BE AN ISSUE. CHRISTINE CORMACK WAS A NURSE AND REFERRED CHRONIC PAIN PATIENTS TO THE APPLICANT’S CLASSES. EMILY DIGGLES SAID SOME ROADS IN THE AREA ARE 16 TO 18 FEETWIDE AND FIRE TRUCKS CAN USE THEM. HEATHER BERRY SPOKE TO THE APPLICANT’S PROFESSIONALISM. SHE ASSURED THE COMMISSION ALL CONDITIONS WOULD BE UPHELD. SHE ALSO SAID FIRE SAFETY IS AN ISSUE AND CONCERN FOR EVERYONE IN THE VALLEY. BILL CHASE STATED MOST PEOPLE HAD EASEMENTS THAT WERE UTILIZED BY OTHER RESIDENTS. HE SAID EVERYONE IN THE VALLEY LIVED IN A FIRE ZONE. NANCY SHEBESTA, REPRESENTING THE APPLICANT, FELT THE APPLICANT WAS FORCED TO REDUCE THE NUMBER OF CLIENTS OR WOULD HAVE TO WIDEN THE ROAD. SHE ASKED THAT TWO CLASSES A DAY BE ALLOWED. ALAN SHOLSHOSE SPOKE TO THE INTEGRITY OF THE APPLICANT. SHE STATED THAT PEOPLE ARRIVING OR DEPARTING WERE QUIET. SUSAN STEVENSON SAID THAT PEOPLE OUTSIDE THE VALLEY WOULD ATTEND THE INSTITUTE AND IT WOULD HELP THE VALLEY’S ECONOMIC BASE. SHE SAID SHE LIVED ON A DIRT ROAD AND DID NOT HAVE A PROBLEM ACCESSING BODFISH ROAD. RHONDA STALLONE FELT ALL NEIGHBORS SHOULD SHARE IN THE COST OF THE GRAVEL REPLACEMENT, NOT JUST THE APPLICANT. KATHERINE EVANS SAID MOST CLIENTS CAR POOLED AND FELT THE COMMISSION SHOULD CONSIDER TWO CLASSES. LINDA DIAZ AND PAT DOWELDER FELT THE FACILITY WOULD BE AN ASSET TO THE COMMUNITY AND WOULD HAVE MINIMAL IMPACTS FOR THE BENEFIT THAT WOULD BE GAINED. NANCY IVEY ASKED IF TWO CLASSES, ONE IN THE MORNING AND ONE IN THE AFTERNOON, COULD BE ALLOWED WITH NO MORE THAN TEN STUDENTS PER CLASS. THERE WAS DISCUSSION ON LENGTH OF THE CLASSES. PUBLIC TESTIMONY WAS CLOSED.
THERE WAS A MOTION BY COMMISSIONER BABCOCK TO APPROVE THE PROJECT WITH AMENDMENTS TO CONDITIONS 4 AND 6 AS FOLLOWS: CONDITION 4 – “INSTRUCTION HOURS SHALL BE 8:30 A.M. TO 7:30 P.M. ON WEEKDAYS, WITH A MAXIMUM OF 12 STUDENTS ON THE PROPERTY AT ANY TIME. TWO CLASSES ARE PERMITTED DAILY, MONDAY THROUGH FRIDAY; ONE MAY BE HELD IN THE MORNING BETWEEN 8:30 A.M. AND 12:00 P.M. AND ONE CLASS MAY BE HELD BETWEEN 12:00 P.M. AND 7:30 P.M. EACH CLASS SHALL NOT EXCEED 1 1/2 HOURS IN DURATION. ANY CHANGE IN THE NUMBER OF STUDENTS OR INCREASE IN THE NUMBER OF CLASSES PER DAY ALLOWED UNDER THIS PERMIT WILL REQUIRE THE APPROVAL OF A MODIFICATION OF THIS CONDITIONAL USE PERMIT AT AN ADVERTISED PUBLIC HEARING.” AND CONDITION 6 – “APPLICANT SHALL APPLY THREE INCHES OF GRAVEL TO ON-SITE PARKING AND OFF SITE ALONG MOORE AVENUE WHERE IT CONNECTS TO THE EXISTING GRAVELED PORTION OF THE ROAD. THE GRAVEL TYPE AND WIDTH SHALL MATCH EXISTING GRAVEL ON MOORE AVENUE. AFTER ITS INITIAL APPLICATION, THE APPLICANT SHALL SUBMIT PHOTOGRAPHS AS VERIFICATION THAT THE GRAVEL SURFACING REQUIRED BY THIS CONDITION HAS BEEN APPLIED. THAT PORTION OF THE ROAD REQUIRING THE APPLICATION OF GRAVEL SHALL BE INSPECTED AND MAINTAINED ANNUALLY.”
THERE WAS A SECOND BY COMMISSIONER WAYNE. THE MOTION CARRIED.
Image of the Kern County Administrative Building via The California Digital Library