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Home My WebLink AboutRES NO 195-14RESOLUTION NO. 195- 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 NORTH OF HIGHLAND KNOLLS DRIVE, EAST OF FAIRFAX ROAD, (GPA /ZC NO. 14- 0222). WHEREAS, Ken Koss for Ken Koss and Tony Evans, 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 LR (Low Density Residential) to HR (High Density Residential) and to change the zone district from R -1 (One Family Dwelling) to R -3 /PUD (Multiple Family Dwelling /Planned Unit Development) on 7.28 acres located generally north of Highland Knolls Drive, east of Fairfax Road (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, October 22, 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: The Planning Commission's findings as contained in its Resolution No. 50 -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-- - - - - -- Page 1 of 2 13"1 `9, A K, 9q T > m v o 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 NOV 0 5 2014 , by the following vote: AYE COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, SULLIVAN, JOHNSON RUES: COUNCILMEMBER l,%1dt4L ABSTAIN: COUNCILMEMBER SE COUNCILMEMBER 4411-" �� ROBERTA GAFFORD, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 0 5 2014 HARVEY L. HALL MAYOR of the City of Bakersfiel APPROVED as to form: VIRGINIA GENNARO City Atto ney By: e" ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By: CG \ S: \GPAs \GPA 4th 2014 \14 - 0222 \Reso - Ord \RES ENV CC 14- 0222.docx gAKF Page 2 of 2 0`` 9sT v p ORIGINAL Exhibit A Mitigation Measures from Negative Declaration General Plan Amendment /Zone Change No. 14 -0222 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 Division that they will /have met all air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District. Biological Impact Mitigation Measures 2. Prior to the start of construction, a pre- construction clearance survey for burrowing owls, American badger, and San Joaquin kit fox shall be conducted by a qualified biologist within 5 days prior to ground disturbance activities. The survey should include the entire project site plus at least 100 foot buffer. The results of the survey should be summarized in a report that includes the methods, timing results and personnel involved, and photos should be included if appropriate. If any of these species are detected, the following additional measures are recommended: a. Burrowing Owl A no- disturbance buffer should be established around occupied burrows under the guidance of a qualified biologist with knowledge of the biology of the species. The buffer size should range from 150 feet to 650 feet depending on the time of year and level of construction activity. The qualified biologist should monitor the occupied burrow to ensure the no- disturbance buffer is maintained and observed, and to determine when the burrow is no longer occupied and the no- disturbance buffer can be removed. In the event that burrowing owls are present and resulting in delays to construction, burring owls can be evicted from burrows after development of an exclusion plan approved by the CDFW. b. American Badger If a suitable burrow is located, the qualified biologist should determine if it is occupied by a badger through non - invasive means such as a trail camera or tracking medium. Unoccupied burrows should be collapsed by hand with a shovel to prevent badgers from using them. If an occupied burrow is located on -site, and it is determined to potentially be a natal burrow, a 100 -foot protective buffer should be established around the burrow until a qualified biologist determines that the burrow is no longer occupied. If it is a non -natal occupied burrow, the qualified biologist may discourage use by badgers by partially blocking burrow entrances with sticks, debris and soil. Once the burrow is no longer occupied, the burrow may be collapsed by hand. c. San Joaquin kit fox If an occupied San Joaquin kit fox den is detected during the survey effort, and the den is not a natal den (i.e., currently being used to rear pups), the den may be slowly excavated under the direction of a qualified biologist holding a valid scientific collecting permit to encourage the San Joaquin kit fox to leave the den and relocate on its own. If the den is a natal den, a no- disturbance buffer should be established under the guidance of a qualified biologist and in consultation with the CDFW. The no- disturbance buffer should be maintained until the qualified biologist has determined that the natal den is no longer occupied by kit foxes. Page 1 of 4 > m F- r V � ORIGINAL EXHIBIT A Mitigation Measures GPA /ZC No. 14 -0222 3. In addition, the following construction BMPs shall be implemented to minimize impacts to the San Joaquin kit fox: a. All project related vehicles shall observe a 20 mile - per -hour speed limit in all project areas. b. Where practical, construction activities shall be confined to daylight hours. c. All excavated, steep - walled holes or trenches more than two feet deep should be covered at the close of each work day or should be provided with an earthen or wooden escape ramp. Before such holes or trenches are filled, they shall be thoroughly inspected for San Joaquin kit fox or other animals. If a San Joaquin kit fox or other animal is found in a hole or trench, the animal shall be allowed to leave on its own without interference. d. All pipes, culverts or similar structures with a diameter of four inches or greater should be inspected for animals prior to burying, capping or moving. If a San Joaquin kit fox or other animal is found in any structure, the animal should be allowed to leave on its own without interference. The USFWS and CDFW may be consulted if the animal remains and is disrupting construction activities. e. All food - related trash shall be kept in closed containers and should be removed from the site at least once per week. f. No fire arms or pets are allowed on the project site. g. Use of rodenticides and herbicides in project areas shall be prohibited without consultation with the CDFW. h. An employment education program should be administered by a qualified biologist knowledgeable of San Joaquin kit fox biology prior to initiation of construction activities. i. A qualified biologist should be retained to periodically inspect the project site to ensure compliance with the above measures and to be available to answer questions that employees may have. j. If a sick, injured or dead San Joaquin kit fox is found on -site, all construction activities should cease and the CDFW shall be contacted immediately. The USFWS should be notified in writing within three days of the incident. 4. Protocol level blunt -nosed leopard lizard surveys shall be conducted for 12 days over the course of the 90 -day adult optimal survey period (April 15 to July 15), with a maximum of 4 survey days per week and 8 days within any 30 -day timer period. At least one survey session should be conducted for 4 consecutive days, weather permitting. In addition, 5 more survey days are required during the hatchling optimal survey period for a total of 17 survey days overall. If present, an avoidance and monitoring plan for blunt -nosed leopard lizard may need to be prepared and implemented, typically in close coordination with CDFW and USFWS staff as the plan will likely need to be approved by these agencies prior to implementation. For a project activity to be deemed as completely avoiding impacts to this species, a buffer up to 22 acres surrounding the location of a detected individual may be required as per maximum home range size. 5. To avoid take of nesting birds and raptors, vegetation removal and initial ground disturbance shall occur outside the nesting bird breeding season, which is approximately�0AKF9 February 1 through August 31. If construction must begin within the bird breeding seasorp,, M Page g ORIGINAL EXHIBIT A Mitigation Measures GPA /ZC No. 14 -0222 then no more than two weeks prior to initiation of ground disturbance and /or vegetation removal, a nesting bird and raptor preconstruction survey shall be conducted by a qualified biologist within the disturbance footprint plus a 300 -foot buffer. If the project is phased, a subsequent pre- construction nesting bird and raptor survey shall be required prior to each phase of construction within the project site. If no nests are observed no further action is required. If nests are found, their locations shall be flagged and then mapped onto an aerial photograph of the project site at a scale no less than 1 " =200' and /or recorded with the use of a GPS unit. An appropriate avoidance buffer (size of buffer depending upon the species and the proposed work activity) should be determined and demarcated by a qualified biologist. 6. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for species covered (Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, & Bakersfield cactus) under the Metropolitan Bakersfield incidental take permit, and comply with the mitigation measures of the permit as well as provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommended by the California 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 Planning Department prior to ground disturbance. The current MBHCP incidental take permit expires on September 1, 2019. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the September 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 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 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 Wildlife Department. Cultural Impact Mitigation Measures 7. If human remains are discovered during grading or construction activities, work shall 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. 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 resource��AKF9�� m Page 3 of 4 ORIGINAL EXHIBIT A Mitigation Measures GPA /ZC No. 14 -0222 This training shall be conducted by representatives from the Tejon Indian Tribe or qualified archaeologist. 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 Planning Department 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 of the site. 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