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Home My WebLink AboutRES NO 210-14RESOLUTION NO. 2 10 - 1 4 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION FOR ZONE CHANGE LOCATED AT THE SOUTHEAST CORNER OF PANAMA LANE AND RELIANCE DRIVE. (ZC NO. 14- 0267). WHEREAS, McIntosh & Associates for Panama Lane Properties, LLC filed an application with the City of Bakersfield Community Development Department requesting to change the zone district on property generally located on the southeast corner of Panama Lane and Reliance Drive, as shown in Exhibit "B" (Project); and WHEREAS, on October 16, 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, December 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. 56 -14 are hereby adopted. 2. The Negative Declaration for the Project 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. 0 o�0AKF9J' Page 1 of 2 v a 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 DEC 10 2014 , by the following vote: PES N ABSTAIN: BSENT APPROVED ✓ ✓ ✓ ✓ COUNCI LMEM BER RIVERA, MAXWELL, WEIR, SMITH, COUNCILMEMBER Nb(%Q- COUNCILMEMBER lr COUNCILMEMBER DEC 10 2014 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Att ey By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures B Location Map SULLIVAN, Qppr%i -eV 4" 4/� - ROBERTA GAFFORD, COO CITY CLERK and Ex Of cio Clerk of the Council of the City of Bakersfield By: KS \ S: \ZoneChange \yr 2014 \14 - 0267 \CC \CC RES ENV.docx Page 2 of 2 o``gAK49q F. m r v o ORIGINAL EXHIBIT A MITIGATION MEASURES FOR ZONE CHANGE 14 -0267 Air Quality and Green House Gas Mitigation Measures 1. 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 associated with the construction and use of the project site. 2. The project area is limited to a maximum lot yield of 151 single - family residential lots consistent with the Low Density land use designation of the General Plan, upon future subdivision. Biological Impact Mitigation Measures 3. 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. To avoid impacts to burrowing owl, a focused survey shall be submitted to California Department of Fish and Wildlife (CDFW) by the Project applicant of a subdivision or site plan review, following the survey methodology developed by the California Burrowing Owl Consortium (CBOC, 1993). An additional pre- construction survey shall be submitted to CDFW per the MBHCP guidelines. A copy of these surveys shall also be submitted to the City of Bakersfield, Planning Division. If any ground disturbing activities will occur during the burrowing owl nesting season (approximately February 1 through August 31), and potential burrowing owl burrows are present within the Project footprint, implementation of avoidance measures are warranted. In the event that burrowing owls are found, the applicant must follow CDFW protocol for mitigation and comply with the provisions of the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-711). If the Project applicant proposes to evict burrowing owls that may be present, the CDFW recommends passive relocation during the non - breeding season. 0k0PK�9d1 > m f-- r v ° By KS / S: VoneChangelyr2014114- 02671ExhA mitigation. docx ORIGINAL Exhibit "A" ZC 13 -0362 Page 2 of 2 4. Prior to grading; including staging, clearing, and grubbing, surveys for active nests shall be conducted by a qualified wildlife biologist no more than 10 days prior to the start of the of the Project commencing and that the surveys be conducted in a sufficient area around the work site to identify any nests that are present and to determine their status. A sufficient area means any nest within an area that could potentially be affected by the Project. In addition to direct impacts, such as nest destruction, nests might be affected by noise, vibration, odors, and movement of workers or equipment. If the Project applicant identifies active nests, the CDFW shall be notified and recommended protocols for mitigation shall be followed and a copy submitted to City of Bakersfield, Planning Division. 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. 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 Planning Department prior to ground disturbance. The current MBHCP urban development 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. 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 incidental take permit. 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 incidental take permit. 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 Department of Fish and Wildlife. Cultural Imoact Miticiation Measures 6. 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. 7. 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. ePKF9 By KS /S:IZoneChangelyr 2014114- 02671ExhA mitigation.docx >-. m F- r v � ORIGINAL W U U� o � a A� O a 3HOZ o3soaoda � ;1„ _M - EXHIBIT B .a. rwnma 'QpIAY]MYt 11u11 Ym a tYNY NYpt x a11YYOl'a Yids o law+ Ylw Yvmw loot ` A W W oil Y Y 3 LL F W y F n�i� ' � ° .Ed �S�ii��l5e��l�ti I I I 0 S m A YI yOy��b � Z<a U r- 3 d m i � z a i N s LL -1L 'Od X65 'NB 'YI'd 6L41/ ON dVYI 130NVd '0'0'd / Z -0 ONINOZ �11- I a s<s 11 fn x d Yus MI1. 11Y IY I I I , I , I I I 1 1 1 I I I N a I A I I'll p Zta z I I li ! m N y.�7 1 j I I I 1✓.T!/ I 1 I _ 3AN10 I , 3]NY173Y � I + I Y��1 I I 1 I LL -1L 'Od X65 'NB 'YI'd 6L41/ ON dVYI 130NVd '0'0'd / Z -0 ONINOZ �11- Lq v �QQ ca o 63 15 �I� W N fn x d Yus MI1. 11Y IY IL N WW n n N N n vow (YtF1t IaYYI ry �r1 a N RIO; St3Yaa1N Lq v �QQ ca o 63 15 �I� W co w pap fn x d U < Z s W O cc o m O 10 ad N IL N war�ii'Inl Ya'il� l -N ONINOZ 1 -H ONINOZ NW 2 N N� N O F 1 -I! 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