Post by michele5611 on Mar 17, 2011 20:49:08 GMT -5
www.tehachapinews.com/content/pit-bull-rescue-plan-rejected/33796
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Television cameras filmed a future episode of Pit Bulls & Parolees on March 10, as Kern County planning commissioners voted unanimously to deny reality TV star Tia Torres’ application for a conditional use permit for the operation of a pit bull rescue shelter in Old West Ranch.
Torres’ plans to move Villalobos Rescue Center from its Agua Dulce location to the Tehachapi area now remain uncertain.
“The decision of Kern County not to approve our permits was a real blow but we have options,” said a statement issued by Torres on March 12, via Facebook. “Right now our ‘higher powers to be’ are gathering to decide what direction to go in. These are not decisions that we can make quickly. There are too many lives at stake.”
Before the vote, Torres told commissioners, “If I had been told what would happen, I would not have bought the property.”
Torres’ daughter, Mariah Harmony Kaye, 19, and Huntington Beach real estate agent Veronica “Roni” Raczkowski, are the legal owners of the property located on Showshoe Lane. Neither of the legal owners spoke at the public hearing.
Torres said she had done her homework ahead of time, and was told by planning department staff that she “would not have a problem way up there.”
“That’s what made me push forward to buy the property,” she said.
All about ‘land use’
Throughout Thursday’s public hearing, planning commissioners and staff emphasized that it’s not about people or anyone’s character, nor is it about a particular breed of dogs; it’s about land use laws and regulations.
Commissioners said they could not approve the proposal without a full environmental impact report (EIR) based upon the 1,296-page recommendation of the planning department staff deeming the proposal “detrimental to health, safety and welfare of the public or property and residents in the vicinity.” Commissioners said many of the concerns raised by planning staff, law enforcement, county fire department and private citizens are currently “unmitigable.”
Planning staff etimated an EIR would cost the applicant somewhere between $80,000-$100,000. Torres has 14 days from the March 10 public hearing to file an appeal, at a cost of $450.
Prior to voting, Commissioner Brandon Martin expressed concern that the county could be setting itself up for expensive legal action from the state. Brandon said if the commission approved the proposal without an EIR and any compulsory mitigation, the decision could be challenged based on the California Environmental Quality Act (CEQA) as a matter of state land use law.
“If this were approved, would you agree to indemnify Kern County?” Martin asked Torres adding, “The cost of litigation could cost more than an EIR.”
“I have no idea how to answer,” Torres said, indicating she did not know what that expense might be.
“I hope you will find the funding to complete the EIR,” Commission Chair Pete Bellemuoni said following the vote.
High praise
Each of the commissioners offered generous praise for Torres’ animal rescue work and for her successful rehabilitation of parolees.
In her “day job” as a public defender, Commissioner Leticia Perez said she rarely encounters such positive programs for the rehabilitation of parolees.
Perez found the testimony of one supporter particularly “extraordinary,” in that he credited Torres for teaching him the positive life skills that enable him to stay out of prison. He told commissioners he had been out for exactly one year, to the day.
“I commend you,” Perez told Torres. “Your work is so positive; I’ve never seen anything like it. I wish there were a way to make this project work.”
Opposition and support
More than 2,000 letters of support addressed to the planning commission were received — along with more than 30 letters of opposition.
During the public hearing, nine Old West Ranch residents and property owners and one resident of nearby Mountain Meadows expressed opposition to the shelter location citing increased traffic, noise and risk of wildfire among their primary concerns.
Although she was unable to attend the meeting due to health reasons, Merle Carnes, President of the Old West Ranch Property Owners Association offered praise for the planning department’s thorough study of Torres’ proposal.
“As they always do, the Kern County Planning Department really put their time and effort into doing the right thing. They follow the county plan,” Carnes said in a phone interview with the Tehachapi News. “This is a land use issue. There was no favoritism.”
In February, Carnes wrote a letter to Old West Ranch property owners urging them to oppose Torres’ CUP application. Offended by the contents of the letter, Torres posted it on Facebook, which allegedly incited death threats against Carnes. Villalobos supporters have also alleged online threats against pit bulls and their owners.
“I wish the applicant well in her future endeavors,” Carnes said.
Speakers in support of Torres included one Old West Ranch resident, two other Tehachapi residents, and a former Old West Ranch resident who was displaced by last summer’s devastating West Fire. Supporting testimony also encompassed more than 20 additional speakers, including three New York residents who were allowed to speak early in the hearing so they could catch a plane. Most speakers were from Kern County
larger view larger view
Television cameras filmed a future episode of Pit Bulls & Parolees on March 10, as Kern County planning commissioners voted unanimously to deny reality TV star Tia Torres’ application for a conditional use permit for the operation of a pit bull rescue shelter in Old West Ranch.
Torres’ plans to move Villalobos Rescue Center from its Agua Dulce location to the Tehachapi area now remain uncertain.
“The decision of Kern County not to approve our permits was a real blow but we have options,” said a statement issued by Torres on March 12, via Facebook. “Right now our ‘higher powers to be’ are gathering to decide what direction to go in. These are not decisions that we can make quickly. There are too many lives at stake.”
Before the vote, Torres told commissioners, “If I had been told what would happen, I would not have bought the property.”
Torres’ daughter, Mariah Harmony Kaye, 19, and Huntington Beach real estate agent Veronica “Roni” Raczkowski, are the legal owners of the property located on Showshoe Lane. Neither of the legal owners spoke at the public hearing.
Torres said she had done her homework ahead of time, and was told by planning department staff that she “would not have a problem way up there.”
“That’s what made me push forward to buy the property,” she said.
All about ‘land use’
Throughout Thursday’s public hearing, planning commissioners and staff emphasized that it’s not about people or anyone’s character, nor is it about a particular breed of dogs; it’s about land use laws and regulations.
Commissioners said they could not approve the proposal without a full environmental impact report (EIR) based upon the 1,296-page recommendation of the planning department staff deeming the proposal “detrimental to health, safety and welfare of the public or property and residents in the vicinity.” Commissioners said many of the concerns raised by planning staff, law enforcement, county fire department and private citizens are currently “unmitigable.”
Planning staff etimated an EIR would cost the applicant somewhere between $80,000-$100,000. Torres has 14 days from the March 10 public hearing to file an appeal, at a cost of $450.
Prior to voting, Commissioner Brandon Martin expressed concern that the county could be setting itself up for expensive legal action from the state. Brandon said if the commission approved the proposal without an EIR and any compulsory mitigation, the decision could be challenged based on the California Environmental Quality Act (CEQA) as a matter of state land use law.
“If this were approved, would you agree to indemnify Kern County?” Martin asked Torres adding, “The cost of litigation could cost more than an EIR.”
“I have no idea how to answer,” Torres said, indicating she did not know what that expense might be.
“I hope you will find the funding to complete the EIR,” Commission Chair Pete Bellemuoni said following the vote.
High praise
Each of the commissioners offered generous praise for Torres’ animal rescue work and for her successful rehabilitation of parolees.
In her “day job” as a public defender, Commissioner Leticia Perez said she rarely encounters such positive programs for the rehabilitation of parolees.
Perez found the testimony of one supporter particularly “extraordinary,” in that he credited Torres for teaching him the positive life skills that enable him to stay out of prison. He told commissioners he had been out for exactly one year, to the day.
“I commend you,” Perez told Torres. “Your work is so positive; I’ve never seen anything like it. I wish there were a way to make this project work.”
Opposition and support
More than 2,000 letters of support addressed to the planning commission were received — along with more than 30 letters of opposition.
During the public hearing, nine Old West Ranch residents and property owners and one resident of nearby Mountain Meadows expressed opposition to the shelter location citing increased traffic, noise and risk of wildfire among their primary concerns.
Although she was unable to attend the meeting due to health reasons, Merle Carnes, President of the Old West Ranch Property Owners Association offered praise for the planning department’s thorough study of Torres’ proposal.
“As they always do, the Kern County Planning Department really put their time and effort into doing the right thing. They follow the county plan,” Carnes said in a phone interview with the Tehachapi News. “This is a land use issue. There was no favoritism.”
In February, Carnes wrote a letter to Old West Ranch property owners urging them to oppose Torres’ CUP application. Offended by the contents of the letter, Torres posted it on Facebook, which allegedly incited death threats against Carnes. Villalobos supporters have also alleged online threats against pit bulls and their owners.
“I wish the applicant well in her future endeavors,” Carnes said.
Speakers in support of Torres included one Old West Ranch resident, two other Tehachapi residents, and a former Old West Ranch resident who was displaced by last summer’s devastating West Fire. Supporting testimony also encompassed more than 20 additional speakers, including three New York residents who were allowed to speak early in the hearing so they could catch a plane. Most speakers were from Kern County
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