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Home My WebLink AboutRES NO 134-13RESOLUTION NO. 1 3 4 - 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 ALONG THE NORTH SIDE OF TAFT HIGHWAY APPROXIMATELY 900 FEET WEST OF WIBLE ROAD. (GPA /ZC NO. 13- 0125). WHEREAS, Smith Tech USA for Wible Investors II, 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 OC (Office Commercial) to HR (High Density Residential) and to change the zone district from C -O (Professional and Administrative Office) to R -3 (Multiple Family Dwelling) on 5.89 acres located along the north side of Taft Highway approximately 900 feet west of Wible Road (the "Project "); and WHEREAS, the Planning Commission recommended adoption of a Negative Declaration with mitigation measuresfor the Project; and WHEREAS, the Clerk of the City Council set Wednesday, October 16, 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 consider the 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, 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 RESOLVED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 34 -13 are hereby adopted 2. The Negative Declaration for the Project is hereby adopted subject to the mitigation measures in Exhibit A for the Project located on the map as shown in Exhibit B, both of which are incorporated herein -------- -000-- - - - - -- Page 1 of 2 �gAKF9 o sT > R, H O J ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on OCT 16 2013 by the following vote: R ES� COUNCI LMEMBER RIVERA, MAXWELL, WEIR, HAIJSON, SUL IL VAN, JOHNSON NOE COUNCILMEMBER 1-98STAFN7' COUNCILMEMBER� NT: COUNCILMEMBER '?"" 1'9� ROBERTA GAFFORD, CM CITY CLERK and Ex Offici Jerk of the Council of the City of Bakersfield APPROVED OCT 16 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City rney By: 0 ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By: CG \ S: \GPAs \GPA 4th 2013\ 1 3-0125\Reso Ord\RES ENV CC Resolution 150125.doc Page 2 of 2 0�0AKF�.c� s � r U 4 ORIGINAL Exhibit A Mitigation Measures �OPKF,9s > m v ° ORIGINAL. Exhibit A Mitigation Measures from Negative Declaration General Plan Amendment /Zone Change No. 13 -0125 Biological Impact Mitigation Measures: 1. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (META) 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. 2. 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: 3. 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. s U O Page 1 of 2 ORDINAL EXHIBIT A Mitigation Measures GPA /ZC No. 13 -0125 4. 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 human remains are identified on the site at any time, work shall stop at the location of the find 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. 5. 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. MITIGATION MEASURES FROM GENERAL PLAN AMENDMENT /ZONE CHANGE 10 -0488 Air Quality and Green House Gas Mitigation Measures: 6. 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. CG: S: \GPAs \GPA 4th 2013 \13 - 0125 \Mitigation Measures.doc oI0AKF9,� s � m v o ORIGINAL Page 2of2 Exhibit B Location Map s > m v o ORIGINAL N T 1 M T Z 5W L Z W Z ^J L.1.. J Q W Z W CD w M r m r t7 ORIGINAL