The URL can be used to link to this page

Home My WebLink AboutRES NO 153-14RESOLUTION NO. 153- 14 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION FOR AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED ON THE EAST SIDE OF CITY HILLS DRIVE BETWEEN GARDEN PARK DRIVE AND KUMA WAY. (ZC NO. 14- 0132). WHEREAS, the City of Bakersfield filed an application with the City of Bakersfield Community Development Department to change the zone district from a PUD (Planned Unit Development) to R -1 /PUD (One Family Dwelling / Planned Unit Development) zone on 11.32- acres, as 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, August 13, 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. 35 -14 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-- - - - - -- O� 0 AKF9� s Page 1 of 2 J � ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on AN 13 2014 —,by the following vote: (__Z� NOES: ABSENT: COUNCILMEMBERRIVERA, MAXWELL, WEIR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER AGC 13 2014 HARVEY L. HALL / MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City ney By: ANDREW HEGLUN Deputy City Attorney Exhibits: A Mitigation Measures B Location Map HANSON, SULLIVAN, JOHNSON ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield By: jeng / S: \ZoneChange \yr 2014\ 1 4-0132\CC\CC Res Neg Dec.docx Page 2 of 2 o�OAK��k, s v c� ORIGINAL. EXHIBIT "A" ZONE CHANGE 14 -0132 AND VTM 7266 MITIGATION MEASURES Biological Resources 1. The current Metropolitan Bakersfield Habitat Conservation Plan (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 Fish and Game Department. 2. Prior to ground disturbance, the subdivider shall have a qualified consultant survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommended by the State Department of Fish and Game. Subdivider shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. 3. Prior to ground disturbance, the subdivider shall have a qualified consultant survey the location for burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that recommend by the State Department of Fish and Game. Subdivider shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. 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 Game 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. �gAK4 Jeng/ S: \ZoneChange \yr2014 \14- 0132 \CC \Ex A Neg Dec Mit Meas.docx o i''� 7/23/2014 U Ca ORIGINAL Exhibit "A" ZC 14 -0132 /VTM 7266 Page 2 Cultural Resources 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. Jeng/ S: \ZoneChange \yr 2014\ 14- 0132 \CC \Ex A Neg Dec Mit Meas.docx of AKF9� 7/23/2014 f- m U p ORIGINAL m m x W N M O W CD Z Q U W Z O N ca CD CD N ti U Q F- W Q Z W F- W O O N r 000 a rn O H Cl U-j v c O O �