Tehachapi News

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Lorelei Oviatt, Special Projects Division Chief, with 12 years at the Kern County Planning Department, spoke to the Tehachapi Mountain Democrats at their March meeting.

Before answering questions concerning local issues, she described the process a developer or individual goes through to have property rezoned.

“People often wonder, 'What's happening behind closed doors?' Planning is actually a public process. I'm only the professional planner, not the one who makes the decisions on approving or denying a project,” said Oviatt.

Public hearings are held and the public has ample opportunity to be heard, she explained. The 2004 Kern County General Plan is in place, and all projects must be consistent with that plan. Approval of Tract Maps, Home Occupation Permits and Conditional Use Permits stop at the Planning Commission level, unless they are appealed to the Board of Supervisors.

General Plan Updates are of a broader impact, and after departmental approval, must be approved by the Board of Supervisors. After action by the Supervisors, the next level of appeal is to file a lawsuit.

The purpose of CEQA (California Environmental Quality Act) is to reveal to the public all the impacts that a project can impose on the community. This can be done with one of two methods. Oviatt makes the decision as to which method will be used, depending on the scope of the project and the anticipated consequences to the community.

A Negative Declaration can be issued to point out items that can be remedied or mitigated. Alternately, an EIR (Environmental Impact Report) is a more in-depth study that will usually cost a minimum of several hundred thousand dollars. Whether prepared by the planning department or an independent consultant chosen by the planning department, the cost will be borne by the applicant.

In an EIR, impacts on the community's roads, traffic, pollution, and other factors, such as economic impact can be considered, such as when a retailer like Walmart wants to build in a community. Will the development cause increased crime? Will smaller stores be forced out of business, causing blighted storefronts and shopping centers?

According to Oviatt, the public has ample opportunity to comment, regardless of the method chosen by the Planning Department. Either document provides both good and negative results of the project and does not make a judgment on the merits of the project itself. If the Planning Commission feels that the project has merit, yet it doesn't fully comply with all rules and regulations, the Commission has the power to issue a Statement of Overriding Consideration, allowing the project to go forward.

Concerning Tehachapi, Oviatt was very complimentary of Tehachapi's Charette process and called it “an excellent process for community input, along with choosing a good consulting firm for the Tehachapi City Plan Update.”

Concurrently, the county is developing the Greater Tehachapi Area Specific Plan and will be working with the city to produce a plan for county areas surrounding Tehachapi.

A part of this process is the long anticipated Water Condition Report to be completed by May, which will then be reviewed by local water districts before public hearings are held in June or July. Jon Hall, Tehachapi-Cummings County Water District board member (the agency responsible for setting local water rates) discussed the problem of rising water prices due to possible reduced supply from the State Water Project, as well as the dramatic increase in oil prices for fuel to pump the water over the Grapevine.

Oviatt referred to a “New World of Planning” which will be needed to provide adequate water for growth over the next twenty years. One aspect of this planning will be to “incentivize farmers to continue with agricultural use of their land.”

Asked about potential problems such as roads not sufficient to carry increased traffic, as well as other areas of concern raised by the proposed Meadows project in Cummings Valley, for up to 2,800 residential units, Oviatt stated that it is premature to say what the developer will or will not do, as no plan has been presented to County Planning yet. Therefore no discussions have been held as to what the Planning Commission will require of the developer.

Another question of local interest concerned the lawsuit regarding the Quiring-Tower development in Golden Hills, along Old Town Road. Considered under a mitigated Negative Declaration, many local individuals, as well as a group of nearby property owners, spoke at hearings held by the Planning Commission, after which the project was approved.

The decision was appealed to the Board of Supervisors, which also approved the project. Oviatt commented that under CEQA guidelines, courts can only rule on the appropriateness of an EIR or Negative Declaration, not on the merits of the decision to allow or deny the project.

An alternate court decision could be to direct the Planning Department staff to look at a particular portion of the EIR or Neg Dec and redo only that portion.

In Oviatt's opinion, the Department's decision to allow a Neg Dec on the Golden Hills project rather than an EIR will be upheld by the courts.

In response to a question involving the status of the lawsuit by Kern County against Los Angeles County over Measure “G', which was passed to stop the importation of sewage sludge into Kern County, the lawsuit is still proceeding and on behalf of the Board of Supervisors, Michael Rubio has said that Kern will continue to fight. The planning Department is currently working on a $1.9 million EIR that it hopes will make the winning difference in the lawsuit.

The public can stay informed about possible new projects in the Tehachapi area. The Tehachapi Valleys Smart Growth Coalition and the Cummings Valley Protection Association (CVPA) both disseminate information to their members about upcoming proposals. Attending hearings and writing letters in response to pending EIRs is one way to be heard. Also, the Planning Department seriously considers petitions signed by groups of affected citizens when new projects are being proposed, according to Oviatt.