CUDDY VALLEY, CA (Saturday, Nov. 08, 2014 at 11 p.m.)—The Kern County Planning Commission has cancelled the hearing about the Piñon Pines Estates Mutual Water Company’s request for a conditional use permit (CUP). That hearing had been set for Thursday, Nov. 13 at 7 p.m. in Bakersfield.
The planning staff, according to a document acquired by The Mountain Enterprise, “has determined that the proposed request does not require discretionary approval.” They decided that the approval already exists, based in 1993 county rezoning for the Piñon Pines Estates Mutual Water Company as a ‘large water system.’ “As a result,” planning staff wrote, “since 1993 any changes or alterations to an existing large water system have been processed as a permitted use.” That means this will not be an opportunity for the private well holders in Cuddy Valley to ask the commission to require a water study before allowing a new 500 foot well. Here is the statement:
- A. CASES WITHDRAWN OR REQUESTS FOR CONTINUANCE:
#3. CUP #22, Map #238 – Pinon Pine Estates Mutual Water Company by Quad Knopf, Inc. – Terminated by Staff
Planning Commission
STAFF REPORT
Date: November 13, 2014
FILE: CUP #22, Map #238 S.D.: #4 – Couch
TITLE: Conditional Use Permit Case No. 22, Map No. 238
PROPOSAL: A Conditional Use Permit to allow a water treatment plant (Section 19.16.030.J) in an E (1) (Estate – 1 acre) and E (20) (Estate – 20 acres) District
APPLICANT: Pinon Pine Estates Mutual Water Company by Quad Knopf, Inc. (PP15111) PROJECT SIZE: 6.88 acres
LOCATION: 9104 Whispering Pines Road, south of Cuddy Valley Road, Frazier Park
GENERAL PLAN DESIGNATION: Site 1: Agricultural Reserve and Permanent Open Space (Cuddy Valley Specific Plan); Site 2: Medium Density Residential (Cuddy Valley Specific Plan)
SURROUNDING LAND USE/ZONING: Site 1: North — Undeveloped land/E (20); East — Undeveloped land/R-1 (Low-density Residential); South — Single-family residences/E (1/4) (Estate – 1/4 acre) and E (1/2) (Estate – 1/2 acre); West — Single-family residences/E (1) RS (Estate – 1 acre – Residential Suburban Combining); Site 2: North — Single-family residences/E (1/4); East — Single-family residences/E (1) RS; South — Undeveloped land/A (Exclusive Agriculture); West — Single-family residences/E (1) RS
PROJECT ANALYSIS: This case was originally scheduled to be considered by your Commission on tonight’s agenda. However, subsequent to setting this case for consideration, Staff has determined that the proposed request does not require discretionary approval. Specifically, the applicant, Pinon Pine Estates Mutual Water Company was requesting approval of a conditional use permit to allow a water treatment plant in the E (1) (Estate – 1 acre) and E (20) (Estate – 20 acres) Districts. As proposed, the project includes: (a) a water treatment plant for the Pinon Pines community’s municipal water supply; (b) a new groundwater production well to supplement the current water supply; and (c) a replacement water storage tank.
Staff notes that the Pinon Pines Estates Mutual Water Company has been in operation since 1963 and serves 250 lots, of which 230 lots have connection contracts. Zoning in this portion of the County was established in June of 1970. Based upon the number of “connections” served, the private water company is considered a “Large Water System”. Section 19.04.888 (Definitions) of the Zoning Ordinance defines a large water system as a domestic water well and ancillary equipment providing water to more than ten (10) dwelling units or regularly serving twenty-five (25) or more people daily for at least sixty (60) days, such as a water system serving a business, factory, or other permitted use.
Conditional Use Permits 4, Map 238 and 6, Map 238 were approved in 1977 and 1981, respectively by your Commission’s predecessor, the Board of Zoning Adjustment. These approvals authorized the addition of two domestic water wells to serve the existing water system within Tract Map No. 3348 (CUP 4, Map 238), and the drilling of a replacement well for the existing community water system (CUP 6, Map 238). In August of 1993 the Board of Supervisors amended the Zoning Ordinance to allow large water systems in the Estate (E) District, as well as several other zone districts, as a permitted use where approval of a CUP was previously required. With that amendment to the Zoning Ordinance to codify the referenced use, the previously approved CUPs were no longer necessary or valid. As a result, since 1993 any changes or alterations to an existing large water system have been processed as a permitted use so long as the changes or alterations adhere to the definition specified in Section 19.04.888.
Your Commission is reminded that the Zoning Ordinance is formatted in such a manner as to identify permitted and conditional permitted uses within the various zone districts. These uses are called “Principal uses” with regards to adminstering land usage. Section 19.04.585 of the Zoning Ordinance defines “Principal use” as the primary or predominant use of any lot. In this case, advertisement for consideration of a CUP to allow a water treatment plant at an existing large water system is not appropriate as the water treatment plant is not a principal use. This conclusion is based upon: (1) the proposed plant will be located on a parcel already developed with a large water system; and (2) without the large water system there is no need for the water treatment plant; consequently, the water treatment plant is an ancillary or incidental and accessory use to the water system.
Based on the foregoing, there is no action for your Commission to consider and the request, has therefore, been terminated by Staff.
CEQA ACTION: Environmental Review: Mitigated Negative Declaration DEPARTMENT RECOMMENDATION: Terminated by Staff
SFD:PT:jvc Attachments
This is part of the November 7, 2014 online edition of The Mountain Enterprise.
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