HomeMy WebLinkAboutRES NO 020-14RESOLUTION NO. 0 2 O a# 14
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
NEGATIVE DECLARATION FOR A ZONE CHANGE LOCATED ALONG
THE SOUTH SIDE OF SEVENTH STANDARD ROAD BETWEEN THE
FUTURE ALLEN ROAD AND SHANE STREET. (ZC NO. 13- 0324).
WHEREAS, McIntosh & Associates for Urban Land Advisors, LLC, filed an
application with the City of Bakersfield Community Development Department to
change the zone district from A (Agriculture) to R -2 (Limited Multiple Family Dwelling) on
the 21.33 acres and C -2 (Regional Commercial) on 10.45 acres located along the south
side of Seventh Standard Road between the future Allen Road and Shane Street,
shown in attached Exhibit "B ", (the "Project "); and
WHEREAS, the Planning Commission recommends adoption of a Negative
Declaration with mitigation measures for the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, February 12, 2014 at 5:15
p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California,
as the time and place before the City Council to consider the proposed Negative
Declaration; 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. 66 -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.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on
AYE
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ABSTAIN:
ABSENT:
FLEB 12 2014 , by the following vote:
✓ ✓ „// W” We COUNCILMEMBERRIVERA, MAXWELL, WEIR, SMITH, HANSON
COUNCILMEMBER plot
COUNCILMEMBER "C)m
COUNCILMEMBER ..It*no
APPROVED FEB 12 2014
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
Cit)
ANDREW HEGLUND
Deputy City Attorn
Exhibits: A Mitigation Measures
B Location Map
SUCLIVAN, JOHNSON
46.1� ��
ROBERTA GAFFORD, CAW
CITY CLERK and Ex Offic o Clerk of the
Council of the City of Bakersfield
By: CG \ S: \ZoneChange \yr 2013 \13 - 0324 \Reso - Ord \CC RES ENV 13- 0324.docx
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Exhibit A
Mitigation Measures
Exhibit A
Mitigation Measures from Negative Declaration
Zone Change No. 13 -0324
Air Quality Impact Mitigation Measures:
1. As the project will be completed in compliance with SJVAPCD Regulation VIII, dust control
measures will be taken to ensure compliance specifically during grading and construction
phases. The mitigation measures to be taken are as follows:
a. Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from
the site or approaches 20% opacity.
b. 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.
c. Reduce speed on unpaved roads to less than 15 miles per hour.
d. 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.
e. 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.
f. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation,
leveling, grading, or cut and fill operations with application of water or by presoaking.
g. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and
cover or effectively wet to limit visible dust emissions.
h. 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).
i. Stabilize the surface of storage piles following the addition or removal of materials using
water or chemical stabilizer /suppressants.
j. Remove visible track -out from the site at the end of each workday.
k. 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.
2. The GAMAQI guidance document lists the following measures as approved and
recommended for construction activities:
a. Maintain all construction equipment as recommended by manufacturer manuals. Shut
down equipment when not in use for extended periods.
b. Construction equipment shall operate no longer than eight (8) cumulative hours per
day.
c. Use electric equipment for construction whenever possible in lieu of diesel or gasoline
powered equipment.
d. Curtail use of high- emitting construction equipment during periods of high or excessive
ambient pollutant concentrations.
e. All construction vehicles shall be equipped with proper emissions control equipment
and kept in good and proper running order to substantially reduce NOx emissions.
f. On -Road and Off -Road diesel equipment shall use diesel particulate filters if permitted
under manufacturer's guidelines.
g. On -Road and Off -Road diesel equipment shall use cooled exhaust gas recirculation
(EGR) if permitted under manufacturer's guidelines.
k-
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EXHIBIT A
Mitigation Measures
ZC No. 13 -0324
h. All construction workers shall be encouraged to
establishments or to remain on -site during lunch breaks.
i. All construction activities within the project area shall
shuttle (car -pool) to retail
be discontinued during the first
stage smog alerts.
j. 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.
3. The following 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:
a. The project design shall comply with applicable standards set forth in Title 24 of the
Uniform Building Code to minimize total consumption of energy.
b. 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.
c. 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.
d. 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:
i. Rapid cure cutback asphalt;
ii. Medium cure cutback asphalt;
iii. 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).
iv. The developer shall comply with applicable provisions of SJVAPCD Rule 9510
(Indirect Source Review).
Mitigation for Air Quality and GHG impacts.
Biological Impact Mitigation Measures:
4. 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.
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EXHIBIT A
Mitigation Measures
ZC No. 13 -0324
a. Burrowing Owl: To avoid impacts to burrowing owl, a focused survey shall be submitted
to California Department of Fish and Wildlife (CDFW) by the Project applicant of a
subdivision or site plan review, following the survey methodology developed by the
California Burrowing Owl Consortium (CBOC, 1993). An additional pre- construction survey
shall be submitted to CDFW per the MBHCP guidelines. A copy of these surveys shall also
be submitted to the City of Bakersfield, Planning Division. If any ground disturbing
activities will occur during the burrowing owl nesting season (approximately February 1
through August 31), and potential burrowing owl burrows are present within the Project
footprint, implementation of avoidance measures are warranted. In the event that
burrowing owls are found, the applicant must follow CDFW protocol for mitigation and
comply with the provisions of the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 -711). If
the Project applicant proposes to evict burrowing owls that may be present, the CDFW
recommends passive relocation during the non - breeding season.
b. Nesting Birds: Prior to grading; including staging, clearing, and grubbing, surveys for
active nests shall be conducted by a qualified wildlife biologist no more than 10 days prior
to the start of the of the Project commencing and that the surveys be conducted in a
sufficient area around the work site to identify any nests that are present and to
determine their status. A sufficient area means any nest within an area that could
potentially be affected by the Project. In addition to direct impacts, such as nest
destruction, nests might be affected by noise, vibration, odors, and movement of workers
or equipment. If the Project applicant identifies active nests, the CDFW shall be notified
and recommended protocols for mitigation shall be followed and a copy submitted to
City of Bakersfield, Planning Division.
Mitigation for Biological Resource impacts.
5. 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.
Page 3 of 5
EXHIBIT A
Mitigation Measures
ZC No. 13 -0324
Cultural Impact Mitigation Measures:
6. 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.
7. If human remains are discovered during grading or construction activities, work would cease
in the area of the find 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.
8. 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 date(s) 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 Impact Mitigation Measures:
9. Intersection and roadway improvements which were identified as necessary to maintain or
improve the operational level of service of the street system in the vicinity of the project are
shown in Tables below:
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EXHIBIT A
Mitigation Measures
ZC No. 13 -0324
Future Intersection Improvements and Local Mitlautien
Notes:
NB = Northbound
SB = Southbound L = Left -Turn Lane
WB = Westbound T = Through Lane
EB = Eastbound R = Right -Turn Lane
*RTIF - Regional Transportation Impact Fee
Future Roadway Improvements and Local Mitigation
Total Improvements
Local Mitigation (Improvements
Intersection
Required by 2035
not covered by RTIF* or
Project % Share for
Required by 2035
Adjacent Development)
Local Mitigation
erker Rd &
1 EBT, 1 WBL, 1 WBT, 1
Adjacent Development)
Local Mitigation
Seventh Standard Rd
NBL, 1 NBT, 1 SBL, 2 SBT2
SBT
1.98%
Allen Rd & Snow Rd
Install Signal - 2 EBL, 1
2 NBL, 1 NBL, 1 SBL, 1 SBR
EBR, 1 WBL, 1 WBR, 2
NBL, 2 SBL, 1 SBR
5.96%
Jewetta Ave & Olive Dr
1 EBT, 1 WBT, 1 NBT, 1
1 WBT
BT
6.52%
Notes:
NB = Northbound
SB = Southbound L = Left -Turn Lane
WB = Westbound T = Through Lane
EB = Eastbound R = Right -Turn Lane
*RTIF - Regional Transportation Impact Fee
Future Roadway Improvements and Local Mitigation
Mitigation for Traffic impacts.
CG: S: \ZoneChange \yr 2013\ 13- 0324 \Mitigation Measures.doc
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Local Mitigation
Roadway
Total Improvements
Improvements not
Project Share
Required by 2035
covered by RTIF or
for
Adjacent Development)
Local Mitigation
Snow Rd: Allen Rd - Calloway Dr
Add 2 Lanes
1A dd 1 Lane
1.95%
Mitigation for Traffic impacts.
CG: S: \ZoneChange \yr 2013\ 13- 0324 \Mitigation Measures.doc
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Page 5 of 5
Exhibit B
Location Map
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