File #: 25-468    Version: Name:
Type: Resolution Status: Passed
File created: 3/25/2025 In control: Planning and Building
On agenda: 4/15/2025 Final action: 4/15/2025
Title: Hearing to Consider Revocation or Modification of a Conditional Use Permit Granted to Kernen Construction for a Rock Aggregate Processing and Materials Storage and Handling Yard Facility
Strategic Framework: 1000 - SAFE AND HEALTHY COMMUNITIES, 9999 - Core Services / Other
Attachments: 1. Staff Report, 2. Attachment 1 - Draft Resolution, 3. Attachment 1A - Exhibit A - Revised COA, 4. Attachment 2 - December 3, 2025, Board Report, 5. Attachment 3 - CUP-00-27 COA 8.16.2001, 6. Attachment 3A - Site Plan, 7. Attachment 3B - Operations Plan, 8. Attachment 3C - PC Staff Report, 9. Attachment 4 - Kernan Intent Revoke letter 10.24.24, 10. Attachment 5 - Kernen NOV 10.11.2023, 11. Attachment 6 - Table of complaints received, 12. Attachment 7 - October 18, 2024 Inspection Report, 13. Attachment 8 - Email from Sheriff to John Ford, 14. Attachment 9 - 24-11-08 Ltr re Kernen CUP, 15. Attachment 10 - County reply to Kernen reply to NOV 11.14.2023 (003), 16. Attachment 11 - Email to applicant (add info needed) 03.26.2024 (1), 17. Attachment 12 - January 13, 2024 Drone Footage Images, 18. Attachment 13 - Submittal from Lynne Owens, 19. Attachment 14 - Submittal from Linda Miller, 20. Attachment 15 - CDFW comments, 21. Attachment 16 - CDFW Field Notes, 22. Attachment 17 - Proposed Grading Plan, 23. Attachment 18 -Kernen Construction_Buffer Enhancement Plan_Final, 24. Attachment 19 - CDFW email to John Ford, 25. Public Comment (prior to meeting), 26. Public Comment - Kernen Public Hearing
Previous Action/Referral: 24-1533, 25-144, 25-459

To: Board of Supervisors

From: Planning and Building Department

Agenda Section: Public Hearing

Vote Requirement: Majority

SUBJECT:
title
Hearing to Consider Revocation or Modification of a Conditional Use Permit Granted to Kernen Construction for a Rock Aggregate Processing and Materials Storage and Handling Yard Facility
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:

1. Open the public hearing and receive the staff report, testimony by the permit holder (also referenced herein as Applicant) and testimony from the public on any of the additionally submitted information; and
2. Close the public hearing; and
3. Adopt the resolution (Attachment 1) which does the following:
a. Finds that the permit has been exercised contrary to the terms or conditions of approval but adding new or modified conditions of approval can address this; and
b. Finds that the use for which the permit was granted is so conducted as to be a nuisance but adding new or modified conditions of approval can address this; and
c. Modifies the Conditional Use Permit to require relocation of the recently constructed stormwater protection berm and add conditions related to noise and operational hours; and
4. Direct the Clerk of the Board to provide a certified Board Order to the Planning and Building Department to be included with the notification of decision to the appropriate parties.

Body
STRATEGIC PLAN:
This action supports the following areas of your Board's Strategic Plan.

Area of Focus: Safe & Healthy Communities
Strategic Plan Category: 9999 - Core Services/Other

DISCUSSION:
Executive Summary
This is a request by the Planning and Building Department for the Board of Supervisors to modify an issued Conditional Use Permit for Kernen Construction, to require relocation of an unpermitted stormwater protection berm, and to add conditions of approval to the Conditional Use Permit to set hours of operation and noise limitations. This is a continuat...

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