HomeMy WebLinkAboutRES NO 107-13RESOLUTION NO 107- 13
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
NEGATIVE DECLARATION FOR AN AMENDMENT TO THE LAND USE
MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL
PLAN AND ZONE CHANGE LOCATED AT THE SOUTHEASTCORNER OF
SEVENTH STANDARD ROAD AND CALLOWAY DRIVE (GPA /ZC NO. 13-
0136).
WHEREAS, McIntosh & Associatesfor Kern Land Partners, LLC, filed an application with
the City of Bakersfield Community Development Department requesting an amendment to
the land use map designation of the Metropolitan Bakersfield General Plan from SR
(Suburban Residential) and ER (Estate Residential) to LR (Low Density Residential) and to
change the zone district from A (Agriculture) to R -1 (One Family Dwelling) on 77 acres
located at the southeast corner of Seventh Standard Road and Calloway Drive (the
"Project "); and
WHEREAS, the Planning Commission recommended adoption of a Negative
Declaration for the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, July 17, 2013 at 5:15 p.m. in
the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time
and place for a public hearing before the City Council to considerthe proposed Negative
Declaration as required by Government Code Section 65355, and notice of the public
hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, the public hearing was continued to the City Council meeting set
Wednesday, August 14, 2013 at 5:15 p.m. in the Council Chambers of City Had and
WHEREAS, during the hearing, the City Council considered all facts, testimony, and
evidence concerning the staff report, Negative Declaration and the Planning Commission's
deliberation, and action.
NOW, THEREFORE, BE IT RESOLVEDby the Bakersfield City Council as follows:
1. The Planning Commission's findings as contained in its Resolution No. 24 -13 are
hereby adopted.
2. The Negative Declaration for the Project is hereby adopted subject to the
mitigation measures in Exhibit Afor the Project located on the map as shown in
Exhibit B, both of which are incorporated herein
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HEREBY CERTIFY that the foregoing Resolution was passed d adopted by the
Council of the City of Bakersfield at a regular meeting held on 14 1013 ,
by the following vote:
APES
A
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COUNCILM EMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
COUNCILMEMBER pcZe
COUNCILMEMBER IVA ,
COUNCILMEMBER 14CN-1;o l__ -_
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
AW 14 2013 do Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City At r ey
By:
AN EW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
By: CG \ S: \GPAs \GPA 3rd 2013\13- 0136 \ResOrd \RES ENV CC Resolution example.doc
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Exhibit A
Mitigation Measures
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Exhibit A
Mitigation Measures from Negative Declaration
General Plan Amendment /Zone Change No. 13 -0136
Air Quality and Green House Gas Mitigation Measures:
1. Prior to grading plan approval, the applicant /developer of the project site shall submit
documentation to the Planning Department that they will /have met all air quality
control measures required by the San Joaquin Valley Air Pollution Control District.
Mitigation for Air Quality and GHG impacts.
2. As the project will be completed in compliance with SJVAPCD Regulation VIII, dust
control measures will be done to ensure compliance specifically during grading and
construction phases. The mitigation measures to be done are as follows:
• Water previously exposed surfaces (soil) whenever visible dust is capable of drifting
from the site or approaches 20% opacity.
• Water all unpaved haul roads a minimum of three - times /day or whenever visible
dust from such roads is capable of drifting from the site or approaches 20%
opacity.
• Reduce speed on unpaved roads to less than 15 miles per hour.
• Install and maintain a track out control device that meets the specifications of
SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20
vehicle trips per day by vehicles with three or more axles.
• Stabilize all disturbed areas, including storage piles, which are not being actively
utilized for production purposes using water, chemical stabilizers or by covering
with a tarp or other suitable cover.
• Control fugitive dust emissions during land clearing, grubbing, scraping,
excavation, leveling, grading, or cut and fill operations with application of water or
by presoaking.
• When transporting materials offsite, maintain a freeboard limit of at least 6 inches
and cover or effectively wet to limit visible dust emissions.
• Limit and remove the accumulation of mud and /or dirt from adjacent public
roadways at the end of each workday. (Use of dry rotary brushes is prohibited
except when preceded or accompanied by sufficient wetting to limit visible
dust emissions and use of blowers is expressly forbidden).
• Stabilize the surface of storage piles following the addition or removal of materials
using water or chemical stabilizer /suppressants.
• Remove visible track -out from the site at the end of each workday.
• Cease grading or other activities that cause excessive (greater than 20% opacity)
dust formation during periods of high winds (greater than 20 mph over a one -hour
period).
Mitigation for Air Quality and GHG impacts.
3. The GAMAQI guidance document lists the following measures as approved and
recommended for construction activities. These measures are required:
• Maintain all construction equipment as recommended by manufacturer manuals.
• Shut down equipment when not in use for extended periods.
• Construction equipment shall operate no longer than eight (8) cumulative hours
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EXHIBIT A
Mitigation Measures
GPA /ZC No. 13 -0136
Use electric equipment for construction whenever possible in lieu of diesel or
gasoline powered equipment.
Curtail use of high- emitting construction equipment during periods of high or
excessive ambient pollutant concentrations.
All construction vehicles shall be equipped with proper emissions control
equipment and kept in good and proper running order to substantially reduce NOx
emissions.
• On -Road and Off -Road diesel equipment shall use diesel particulate filters if
permitted under manufacturer's guidelines.
• On -Road and Off -Road diesel equipment shall use cooled exhaust gas
recirculation (EGR) if permitted under manufacturer's guidelines.
• All construction workers shall be encouraged to shuttle car -pool) to retail
establishments or to remain on -site during lunch breaks.
• All construction activities within the project area shall be discontinued during the
first stage smog alerts.
• Construction and grading activities shall not be allowed during first stage ozone
alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20
ppm (1 -hour average).
Mitigation for Air Quality and GHG impacts.
4. The following mitigation measures are recommended to further reduce the potential
for long -term emissions from the project. These measures are required as a matter of
regulatory compliance to ensure that the proposed project emissions are not
exceeded:
• The project design shall comply with standards set forth in Title 24 of the Uniform
Building Code to minimize total consumption of energy.
• Applicants shall be required to comply with applicable mitigation measures in the
Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII
and Indirect Source Rules for the SJVAPCD.
• The developer shall comply with the provisions of SJVAPCD Rule 4601 - Architectural
Coatings, during the construction of all buildings and facilities. Application of
architectural coatings shall be completed in a manner that poses the least
emissions impacts whenever such application is deemed proficient.
• The applicant shall comply with the provisions of SJVAPCD Rule 4641 during the
construction and pavement of all roads and parking areas within the project area.
Specifically, the applicant shall not allow the use of:
• Rapid cure cutback asphalt;
• Medium cure cutback asphalt;
• Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or
Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4).
• The developer shall comply with applicable provisions of SJVAPCD Rule 9510
(Indirect Source Review).
Mitigation for Air Quality and GHG impacts.
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EXHIBIT A
Mitigation Measures
GPA /ZC No. 13 -0136
Biological Impact Mitigation Measures:
5. The burrowing owl is a migratory bird species protected by international treaty under
the Migratory Bird Treaty Act (MBTA) of 1918 U. S. C. 703-711). The MBTA makes it
unlawful to take, posses, buy, sell, purchase, or barter any migratory bird listed in 50
C.F.R. Part 10, including feathers or other parts, nests, eggs or products, except as
allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5 and 3800 of
the California Department of Fish and Wildlife Code prohibit the take, possession, or
destruction of birds, their nests or eggs. To avoid violation of the take provisions of
these laws generally requires that project - related disturbance at active nesting
territories be reduced or eliminated during critical phases of the nesting cycle (March
1 - August 15, annually). Disturbance that causes nest abandonment and /or loss of
reproductive effort (e.g., killing or abandonment of eggs or young) may be
considered "taking" and is potentially punishable by fines and /or imprisonment.
Mitigation for Biological Resource impacts.
6. Prior to ground disturbance, the developer shall have a qualified consultant survey the
location for kit fox, and comply with the provisions of the Metropolitan Bakersfield
Habitat Conservation Plan (MBHCP). Survey protocol shall be that recommended by
the State Department of Fish and Wildlife. Developer shall be subject to the mitigation
measures recommended by the consultant. A copy of the survey and results shall be
provided to the Planning Department prior to ground disturbance.
The current MBHCP expires in year 2014. Projects may be issued an urban
development permit, grading plan approval, or building permit and pay fees prior to
the 2014 expiration date under the current MBHCP. As determined by the City of
Bakersfield, only projects ready to be issued an urban development permit, grading
plan approval or building permit before the 2014 expiration date will be eligible to pay
fees under the current MBHCP. Early payment or pre - payment of MBHCP fees shall
not be allowed. The ability of the City to issue urban development permits is governed
by the terms of the MBHCP. Urban development permits issued after the 2014
expiration date may be subject to a new or revised Habitat Conservation Plan, if
approved, or be required to comply directly with requests of the U.S. Fish and Wildlife
Agency and the California Department of Fish and Wildlife.
Mitigation for Biological Resource impacts.
Cultural Impact Mitigation Measures:
7. Prior to ground disturbance activities, the applicant /developer shall retain a qualified
archaeologist to conduct a field survey to determine if cultural resources are present
on the site. The applicant /developer of the project site shall submit documentation to
the Community Development Department - Planning Division that they have met this
requirement prior to commencement of ground- disturbance activities.
Mitigation for Cultural Resource impacts.
8. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050.5 of the California Health and Safety Code. If humcoA,' 9eq
remains are identified on the site at any time, work shall stop at the location of the fiRd m
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EXHIBIT A
Mitigation Measures
GPA /ZC No. 13 -0136
and the Kern County Coroner shall be notified immediately (Section 7050.5 of the
California Health and Safety Code and Section 5097.98 of the California Public
Resource Code which details the appropriate actions necessary for addressing the
remains) and the local Native American community shall be notified immediately.
Mitigation for Cultural Resource impacts.
9. Prior to ground- disturbance activities associated with this project, personnel associates
with the grading effort shall be informed of the importance of the potential cultural
and archaeological resources (i.e. archaeological sites, artifacts, features, burials,
human remains, etc.) that may be encountered during site preparation activities, how
to identify those resources in the field, and of the regulatory protections afforded to
those resources. This training shall be conducted by representatives from the Tejon
Indian Tribe. The personnel shall be informed of procedures relating to the discovery
of archaeological remains during grading activities and cautioned to avoid
archaeological finds with equipment and not collect artifacts. The
applicant /developer of the project site shall submit documentation to the Community
Development Department - Planning Division that they have met this requirement
prior to commencement of ground- disturbance activities. This documentation should
include information on the dates) of training activities, the individual(s) that
conducted the training, a description of the training, and a list of names of those who
were trained. Should cultural remains be uncovered, the on -site supervisor shall
immediately notify a qualified archaeologist and the Tejon Indian Tribe. The
developer shall provide the Tejon Indian Tribe information on excavation depth of the
construction site.
Mitigation for Cultural Resource impacts.
Traffic and Transportation Mitigation Measures:
10. The City of Bakersfield has three performance criteria for determining whether project
traffic has a significant impact, and therefore, requires mitigation. First, mitigation
would be required when the addition of project traffic causes the level of service of
an intersection or roadway to drop below LOS C. Second, if an intersection or
roadway segment operates below LOS C in the base year prior to the addition of
project traffic, and the added traffic lowers the level of service below its pre - project
status. Third, mitigation is required if project traffic creates additional control or
average delay per vehicle of more than 5 seconds to the existing or projected
congestion at an intersection operating at a LOS D, E or F.
Intersection and roadway improvements required to maintain or improve the
operational level of service by 2035 are shown in the tables below, respectively. These
tables also identify which improvements are not covered by the Regional
Transportation Impact Fee (RTIF) program and the project's percent share for the cost
of all non -RTIF (local mitigation) improvements.
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EXHIBIT A
Mitigation Measures
GPA /ZC No. 13 -0136
Future Intersection Improvements and Local Mitigation
Future Roadway Improvements and Local Mitigation
Roadway
Total Improvements
Required by 2035
Local Mitigation
(Improvements not
covered by RTIF)
Local Mitigation
Project
#
Intersection
Total Improvements
(Improvements
Share for
- --
- --
Required by 2035
not covered by
Local
- --
7th Standard: Calloway Dr - Coffee Rd
Add 2 lanes
RTIF )
Mitigation
1
Verdugo Ln &
Install Signal
Install Signal
1.24%
Add 1 lane
7th Standard Rd
- --
2
Calloway Dr &
1 EBL, 1 EBT, 1 WBL, 1 WBT, 1 WBR, 2 NBT,
2 SBT
1.03%
7th Standard Rd
1 SBL, 2 SBT
3
Quail Creek Rd &
Install Signal, 1 EBT, 1 WBT
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7th Standard Rd
4
Coffee Rd &
1 EBT, 1 EBR, 1 WBL, 1 WBT, 1 NBL,
1 SBL
3.3%
7th Standard Rd
2 NBR, 1SBL
5
Golden State Hwy
1 EBT, 1 WBT, 1 WBR, 1SBL
1 WBR, 1 SBL
2.12%
& 7th Standard Rd
6
Saco Rd &
1 EBT, 1 WBT
- --
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7th Standard Rd
Calloway Dr
Install Signal - 2 NBL, 1 NBT, 1 NBR,
7
& Etchart Rd
2 SBL, 1 SBT
Calloway Dr
Install Signal - 1 EBL, 1 WBL, 1 WBT, 1 WBR,
10
& Snow Rd
2 SBL, 1 SBT, 1 SBR
Notes: NB = Northbound R = Right -Turn Lane
EB = Eastbound L = Left -Turn Lane
SB = Southbound T = Through Lane
WB = Westbound
Future Roadway Improvements and Local Mitigation
Roadway
Total Improvements
Required by 2035
Local Mitigation
(Improvements not
covered by RTIF)
Project Share
for Local
Mitigation
Calloway: 7th Standard Rd - Snow Rd
Add 2 lanes
- --
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Coffee Rd: 7th Standard Rd - Snow Rd
Add 2 lanes
- --
- --
7th Standard: E/O Santa Fe Way
Add 2 lanes
- --
- --
7th Standard: Calloway Dr - Coffee Rd
Add 2 lanes
- --
- --
7th Standard: Verdugo Ln - Calloway Dr
Add 2 lanes
- --
- --
Snow Rd: Jewetta Ave - Calloway Dr
Add 1 lane
- --
- --
Mitigation for Traffic impacts.
CG: S: \GPAs \GPA 3rd 2013 \13 - 0136 \Mitigation Measures.doc
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Exhibit B
Location Map
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