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HomeMy WebLinkAboutRES NO 025-14RESOLUTION NO. 025- 1 4 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 ON THE SOUTH SIDE OF REINA ROAD, BETWEEN SANTA FE WAY AND RENFRO ROAD (GPA /ZC NO. 13- 0292). WHEREAS, Pinnacle Civil Engineering, Inc. for Crystal Farms, 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 R -IA (Resource- Intensive Agriculture) to LMR (Low Medium Density Residential) and to change the zone district from A (Agriculture) to R -2 (Limited Multiple Family Dwelling) on 41.40 acres located on the south side of Reina Road, between Santa Fe Way and Renfro 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, 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 RESOLVEDby the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 57 -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 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on F B 17 2014 by the following vote: NOES: T SENT: COUNCILMEMBER RIVA, MWELL, WEIR ER fCX COUNCILMEMBERN0h2 COUNCILMEMBER_GMtVk COUNCILMEMBER NCB., APPROVED FEB 11 1014 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Atto ney By: AND EW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures B Location Map HANSON, SUVLLIV AN, JOHNSON Lg"5-�� ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Urk of the Council of the City of Bakersfield By: DL\ S: \GPAs \GPA lst 2014\13- 0292 \Res Ord\RES ENV CC Resolution la0292.doc Page 2 of 2 Exhibit A Mitigation Measures Exhibit A Mitigation Measures from Negative Declaration General Plan Amendment /Zone Change No. 13 -0292 Air Quality and Green House Gas Mitigation Measures 1. The proposed project will have air pollutant and greenhouse gas emissions associated with the construction and use of the project site. 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 and rules required by the San Joaquin Valley Air Pollution Control District. Mitigation for Air Quality and Greenhouse Gas impacts. Agricultural Impacts Mitigation Measures 2. Prior to issuance of a grading or building permit for urban development, or support facilities as contemplated in the Project, whichever occurs last, the applicant shall mitigate the loss of net acreage of agricultural lands, on a one -to -one basis, by of selection one or more of the items described below. Net acreage is to be calculated based on the exclusion of existing roads, proposed beltways, freeways, and arterial roads. The applicant shall submit written verification of the applicant's compliance with this mitigation measure to the Planning Director's satisfaction. Compliance with this condition may be phased as the project is developed. The net acreage of agricultural land to be mitigated shall be equal to the amount of land being developed as each phase is developed. a. Funding and /or purchase of agricultural conservation easements. Such easements shall be accepted or purchased and monitored and enforced by a land trust or another appropriate entity. Funds may be used for easement purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. b. Contribution of agricultural land or equivalent funding to an organization that provides for the preservation of farmland in California. Funds may be used for purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. c. Purchase of credits from an established agricultural farmland mitigation bank approved by applicable governmental authority. Mitigation for Agricultural impacts. 3. During the life of the Project, if the City of Bakersfield or other responsible agency adopts an agricultural land mitigation program that provides equal or more effective mitigation than measures listed above, the applicant may choose to participate in that alternative program to mitigate loss of agricultural land impacts. Prior to participation in the alternate program, the applicant shall obtain written approval from the City of Bakersfield agreeing to the participation, and the applicant shall submit written verification of compliance with the alternate program at the same time described above in the first paragraph. Agricultural land used for mitigation shall be of at least equal agricultural classification as the land being converted or be capable of being developed as such; that is, mitigation land shall be classified or developed as Prime Farmland, Farmland of Statewide Importance, etc., (as established by the California Department of Conservation in the Farmland Mapping and Monitoring Program), the mitigation acreage being at ast` zJ Page 1 of 4 EXHIBIT A Mitigation Measures GPA /ZC No. 13 -0292 equivalent in classification to the converted land, or being capable of producing the some or equivalent crops as the land being converted. Completion of the selected mitigation measure, or with the Planning Director's approval, a combination of the selected mitigation measures, can be on qualifying agricultural land within the San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno, Madera, Kings, Tulare, Kern), or outside the San Joaquin Valley with written evidence that the same or equivalent crop scan be produced on the mitigation land. Mitigation for Agricultural impacts. 4. If adjacent properties are utilized for agricultural proposes and /or have not receive entitlements for development at the time of development on the subject property, then a covenant shall be recorded on all residential lots disclosing their proximity to agricultural uses and any associated effect on their property. Such proof shall be submitted to the Planning Director prior to recordation of final subdivision maps within the GPA area. Mitigation for Agricultural impacts. Bioloaical 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 (16 U.S.C. 703-711). The MBTA makes it unlawful to take, possess, 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 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 shall be provided to the Community Development Department - Planning Division 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 - Wfh , Page 2 of 4' CC `' EXHIBIT A Mitigation Measures GPA /ZC No. 13 -0292 requests of the U.S. Fish and Wildlife Agency and the California Department of Fish and Wildlife Department. Mitigation for Biological 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 impacts. 8. 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 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 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 impacts. Noise Impact Mitigation Measures 10. At the time of subdivision map submittal or Site Plan Review approval, an acoustical analysis shall be provided to address the following mitigation for noise impacts. a. If two story homes are proposed for the first row of lots along the BNSF /HST corridor, additional noise mitigation features may be required, including use of stucco exterior finish and installation of sound -rated windows. An acoustical analysis shall be perforMed J Q Page 3of4 EXHIBIT A Mitigation Measures GPA /ZC No. 13 -0292 to document compliance with the City's 45 dB CNEL interior noise level standard, if such homes are proposed. b. Air conditioning or mechanical ventilation shall be installed in all homes so that it will be possible for windows and doors to remain closed for sound insulation purposes. c. A noise barrier shall be required along the western frontage of the project site to reduce combined noise exposure from BNSF Railway operations; High Speed Train (HST) operations and Santa Fe Way traffic to 65 dB CNEL or below at the closest single - family rear yard or multi - family recreational /open space area. The specific design of the noise barrier cannot be completed until the final project lot design and grading plans have been completed. The noise barrier (approximately 3-11 feet high, relative to the top of the BNSF rails) may consist of a sound wall, earthen berm or a combination of wall and berm. The barrier shall be continuous without gaps or openings. Mitigation for Noise impacts. Planning 11. Prior to or concurrently with recordation of all phases within the project site, a covenant shall be recorded on all residential lots disclosing their proximity to the airstrip and aircraft overflights. Mitigation for public health and safety. Traffic Impact Mitigation Measure 12. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. Mitigation for Traffic impacts. S: \GPAs \GPA 1st 2014 \13 - 0292 \Admin SR \Mitigation Measures.doc Page 4 of 4 r„ t; Exhibit B Location Map C\j 0') C\l C) I C*e) Z W Z W Z W Z W C) tl i Nam Ha GOOMN3M (� z I . LLJ 0 CD CM co 0) O 92 j C 0 O