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Home My WebLink AboutRES NO 021-14RESOLUTION NO. ,O 2 1 14 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 SOUTH OF SEVENTH STANDARD ROAD, BETWEEN THE FUTURE ALLEN ROAD AND FUTURE JEWETTA AVENUE. (GPA /ZC NO. 13- 0323). WHEREAS, McIntosh & Associates for Urban Land Advisors, 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 LMR (Low Medium Density Residential) and SR (Suburban Residential) to LR (Low Density Residential) and to change the zone district from A (Agriculture) and E (Estate) to R -1 (One Family Dwelling) on 130.30 acres located south of Seventh Standard Road, between the future Allen Road and future Jewetta Avenue (the "Project "); and WHEREAS, the Planning Commission recommended 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 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. 60 -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 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 FEB 12 2014 , by the following vote: AYE N ES: ABSTAIN ABSENT: COUNCILMEMBERRIVERA, MAXWELL, W R, SMITH, HA ON, SULLIVAN, JO NSON COUNCILMEMBERR biMck- COUNCILMEMBER yaine COUNCILMEMBER %JIlk%di A444 -Z� - ROBERTA GAFFORD, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 12 2014 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Att n y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By: CG \ S: \GPAs \GPA lst 2014 \13 - 0323 \Reso - Ord \RES ENV CC Resolution 13- 0323.docx Page 2 of 2 r.K fl ~1' ti L Exhibit A Mitigation Measures Exhibit A Mitigation Measures from Negative Declaration General Plan Amendment /Zone Change No. 13 -0323 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. Page 1 of 4 EXHIBIT A Mitigation Measures GPA /ZC No. 13 -0323 g. On -Road and Off -Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. h. 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. i. 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. 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: L 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 (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. �, r Page 2 of 4 EXHIBIT A Mitigation Measures GPA /ZC No. 13 -0323 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. 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' Page 3 of 4 EXHIBIT A Mitigation Measures GPA /ZC No. 13 -0323 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 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: Future Intersection Improvements and local Mitigation Notes: NB = Northbound WB = Westbound T = Through Lane SB = Southbound L = Left -Turn Lane EB = Eastbound R = Right -Turn Lane *RTIF - Regional Transportation Impact Fee Future Roadway Improvements and Local Mitigation Total Improvements Local Mitigation Project % Share Total Intersection Required by 2035 improvements not covered by for Local covered by RTIF or For Local RTIF or Adjacent Development) Mitigation Mitigation Zerker Rd & 1 EBL, 1 EBT, 1 WBL, Development) 1 Seventh Standard Rd 1 WBT, 1 SBL, 1 SBT 1 SBL, 1 SBT 1.13% Add 2 Lanes Old Farm Rd & 5.66% Calloway Dr: Snow - Norris Add 2 Lanes Add 2 Lanes Seventh Standard Rd Install Signal Install Signal 4.59% 8.90% Allen Rd & Olive Dr Add Median Median Stripe 16 1 1 SBR 1 SBR P.21 % Notes: NB = Northbound WB = Westbound T = Through Lane SB = Southbound L = Left -Turn Lane EB = Eastbound R = Right -Turn Lane *RTIF - Regional Transportation Impact Fee Future Roadway Improvements and Local Mitigation Mitigation for Traffic impacts. CG: S: \GPAs \GPA 1st 2014\ 1 3-0323\Mitigation Measures.doc Page 4 of 4 Local Mitigation Roadway Total Improvements not Project Share Improvements covered by RTIF or For Local Required by Adjacent Mitigation 035 Development) 7th Standard Rd: Golden State H - Quinn Rd Add 3 Lanes Add 1 Lane 1.46% Allen Rd: Snow Rd - Olive Dr Add 2 Lanes Add 2 Lanes 5.66% Calloway Dr: Snow - Norris Add 2 Lanes Add 2 Lanes 7.97% Snow Rd: Allen Rd - Calloway Dr Add 2 Lanes, Add 1 Lane, 8.90% Add Median Median Stripe Mitigation for Traffic impacts. CG: S: \GPAs \GPA 1st 2014\ 1 3-0323\Mitigation Measures.doc Page 4 of 4 Exhibit B Location Map M N M O M T Z W Z W Z Q CL J Q W Z W C)