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Home My WebLink AboutRES NO 156-14RESOLUTION NO 156- ' 4 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION FOR ZONE CHANGE LOCATED SOUTH OF OLIVE DRIVE AND EAST OF THE BURLINGTON NORTHERN SANTA FE RAIL LINE. (ZC NO. 13-0362). WHEREAS, Western Properties for Grimmway Enterprise, et al, filed an application with the City of Bakersfield Community Development Department requesting to change the zone districts on property generally located south of Olive Drive and east of the Burlington Northern Santa Fe Rail Line, as shown in Exhibit B (Projects), and as follows: • Parcel 1: 2.87 acres from R -1 (One - Family Dwelling) zone to C -2 (Regional Commercial) zone; • Parcel 2:2.20 acres from R -1 zone to R -2 (Umited Multiple - family Dwelling) zone; • Parcel 3:12.61 acres from R -1 zone to R -2 zone; • Parcel 4:15.21 acres R -2 zone to R -1 zone; and WHEREAS, on July 17, 2014, the Planning Commission recommended adoption of a Negative Declaration with mitigation measures for the Projects: and WHEREAS, the Clerk of the City Council set Wednesday, September 10, 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, 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. 28-14 are hereby adopted. 2. The Negative Declaration for the Projects is hereby adopted subject to the mitigation measures as shown 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 o11��AKF9`s'c� F- r v � ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council IEP Tr 20fty of Bakersfield at a regular meeting held on , by the following vote: I�3► -r1tll: Y MAXWELL, WEIR, HANSON, SULLIVAN, JOHNSON A� lwy'�el ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 10 2014 HARVEY L HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Aft ey By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By: elisheva \ S: \ZoneChange \yr 2013\ 13. 0362 \CC\ 130362 CC RES ENV.docx Page 2 of 2 AK,6�9� s m � r v o ORIGINAL, EXHIBIT A INITIAL STUDY/NEGATIVE DECLARATION MITIGATION MEASURES FOR ZONE CHANGE 13-0362 AIR QUALITY 1. PMio Reduction Measures As the project would be completed in compliance with SJVAPCID Regulation Vill, dust control measures would be taken to ensure compliance specifically during grading and construction phases. The required Regulation VII measures are as follows: • Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the site or approaches 20% opacity. • 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. • Reduce speed on unpaved roads to less than 15 miles per hour. • 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. • 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. • Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. • When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. • 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). • Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer /suppressants. • Remove visible track-out from the site at the end of each workday. • 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). 2. Measures to Reduce Equipment Exhaust The GAMAQI guidance document lists the following measures as approved and recommended for construction activities. These measures are recommended: • Maintain all construction equipment as recommended by manufacturer manuals. • Shut down equipment when not in use for extended periods, • Construction equipment shall operate no longer than eight (8) cumulative hours per day. • Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. • Curtail use of high-emitting construction equipment during periods of high or excessive ambient pollutant concentrations. By elishave IS'VoneChangetyr 2013113-0362M&M mitigafion.docx K, 9 ls�' oRiGINAL, Exhibit 'A" ZC 13-0362 Page 2 of 5 • All construction vehicles shall be equipped with proper emissions control equipment and kept in good and proper running order to substantially reduce NOx emissions. • On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. • On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. • 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, • 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). 3. Other Measures to Reduce Air Quality Impacts 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: • 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 Vill 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: • Rapid cure cutback asphalt: • Medium cure cutback asphalt; • 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). • The developer shall comply with applicable provisions of SJVAPCD Rule 9510 (Indirect Source Review). H101 I , 4. Preconstruction surveys shall be conducted no more than 30 days prior to the initial ground disturbance to detect special status wildlife species that may occupy the site. Any detection of special status wildlife species will require the reporting, monitoring, avoidance and exclusion protocols of the Metropolitan Bakersfield Habitat Conservation Plan. P, K4�9 ORIGINAL Exhibit "A" ZC13-0362 Page 3 of 5 5. During the project construction, all pipe and culverts should be inspected prior to moving or welding to prevent injury or entrapment of wildlife, Pipes which cannot be inspected (due to bends, etc.) should be copped, or otherwise covered. If any special-status wildlife is found entrapped in a pipe section, the pipe should be avoided and the animal(s) left to leave of its own accord, except as otherwise authorized by CDFW and USFWS. 6. Prior to conducting work on the site, all employees and contractors will be trained to be aware of listed species that may be present and how to avoid impacts to them. 7. Firearms and pets shall be prohibited from the project site. & All food related trash such as wrappers, cons, bottles and food scraps shall be disposed of in closed containers and regularly removed from the project site. No deliberate feeding of the wildlife shall be allowed. CULTURAL RESOURCES 9, Although no cultural resources were found on the site, there is the possibility that unrecorded cultural resources or buried remains could be found during construction or earth disturbing activities. Should the subsurface archaeological remains be unearthed during construction activity, work in the area would stop immediately and a qualified archaeologist shall be consulted for further evaluation. Any measures by the archaeologist shall be complied with at that time. 10. 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 Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. HAZARDS AND HAZARDOUS MATERIALS 11. All building plans must show the flood zone and the flood elevation for all lots within Flood Zone A. Structures within Flood Zone A must meet California Building Code and the Bakersfield Municipal Code requirements for construction within a flood zone. NOISE MITIGATION For Zone Change Parcels I and 2: 12. Prior to recordation of Phase 1, a continuous six-foot high solid wall noise barrier shall be constructed along the northern boundary of the Vesting Tentative Tract 7217 from the tract's western boundary to Rosedale Ranch Parkway to mitigate noise from traffic along Olive Drive. The wall shall continue southward for a minimum distance of 20 feet along the west side of Rosedale Ranch Parkway, and southward for a minimum distance of 20 feet along P, K,6�9 ORIGINAL Exhibit "A*' ZC13-0362 Page 4 of 5 the western boundary of the map. All minimum required noise barrier heights are relative to the closest building pad elevations within the tract site. Noise barriers may consist of a sound wall, earthen berm or a combination of wall and berm. 13. Prior to the recordation of Phase 6 of VTM 7217, the grade crossing for the BNSF Railway at Reino Road shall be eliminated so that train horn blasts do not occur at the intersection, and houses built within the lots can meet the City's inferior noise standards required. 14. 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. For Zone Change Parcels 3 and 4: 15. Prior to the recordation of any phase, a 12-foot high solid noise barrier shall be constructed along the western side of the project area along the BNSF rail line. The barrier shall be located at a minimum distance of 70 feet from the centerline of the BNSF rail line. The barrier shall be continuous from southern point of the tract map to a minimum 700 feet south of Olive Drive centerline. All minimum required noise barrier heights are relative to the closest building pad elevations within the tract site. Noise barriers may consist of a sound wall, earthen berm or a combination of wall and berm. 16. Prior to recordation of Phase 1, continuous six-foot high solid wall noise barrier shall be constructed along the rear lot lines along the northern tier of lots in Vesting Tentative Tract 7218 to mitigate noise from traffic along Olive Drive. The wall shall continue southward for a minimum distance of 20 feet along the side of lots on the west and east end of Via Reagan Drive, and a minimum distance of 20 feet along the west and east sides of Via Cortez Way. All minimum required noise barrier heights are relative to the closest building pad elevations within the tract site. Noise barriers may consist of a sound wall, earthen berm or a combination of wall and berm. 17. If two-story homes are proposed for any lots closest to the sound barriers on the western side of the tract or along Olive Drive, outdoor activity areas such as second story decks or balconies shall not be incorporated into the building design if they face the BNSF Railway or Olive Dhve, Additionally, any two-story homes closest to the BNSF sound bonier shall have exterior stucco finish, the installation of acoustically rated windows with a minimum Sound Transmission Class (STC) rating of 30 on the sides of parallel or perpendicular to the BNSF Railway. If exterior finishes other than stucco are proposed, the proposed construction shall be reviewed by a qualified acoustical consultant to ensure compliance with the City's 45 dB CNEL interior noise standard. 18. Prior to recordation of Phase I or Phase 2, a 7-foot high solid noise barrier shall be constructed along the western side of Via De Costa Drive between Via Bella Street and Via Luna Street. 19. 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. Q3 ORIGINAL Exhibit 'A" ZC13-0362 Page 5 of 5 For Zone Change Parcel 4: 20. Prior to the recordation of Phase 4 of VTM 7219, the grade crossing for the BNSF Railway at Reina Road shall be eliminated so that train horn blasts do not occur at the intersection, and houses built within the lots can meet the City's interior noise standards required. 21. 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. By elisheva 1S.VoneChangelyr 20M 13-0,162MEOA mitigadon docx V CJ ORIGINAL, (../ z �r z 0 N N CD `o �.yr l' J Tl- W CD Z Q S 0 W Z 0 N V p B uj EXHIBIT N F- v �F9 T rn r 0 ORIGINAL