HomeMy WebLinkAboutRES NO 010-15RESOLUTION NO. 0 10 1 5
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 THE
NORTHWEST CORNER OF STOCKDALE HIGHWAY AND HEATH
ROAD. (GPA /ZC NO. 14- 0329).
WHEREAS, Rosedale Land & Development, Inc. /Brian Batey, representing
Gregory & Catherine Hillier, 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 RR (Rural Residential) to GC (General
Commercial) and to change the zone district from County A -1 (Limited Agriculture) to
City C -2 (Regional Commercial) on 11.30 acres located at the northwest corner of
Stockdale Highway and Heath 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, January 21, 2015 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:
1. The Planning Commission's findings as contained in its Resolution No. 60 -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.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on
JAN 2 12015 , by the following vote:
AY
COUNCILMEMBER: RIVERA, MAXWELL, WEIR HANSON, SULLIVAN, PARLIER
S:
COUNCILMEMBER:
AI '
COUNCILMEMBER: M%*V -'
ABSENT:
COUNCILMEMBER: NQ
APPROVED
JAN 2 12015
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorn y
By:
AND WW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
By: DL \ S: \GPAs \GPA lst 2015\ 1 4-0329\Res Ord \RES ENV CC Resol 14- 0329.docx
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Exhibit A
Mitigation Measures from Negative Declaration
General Plan Amendment /Zone Change No. 14 -0239
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 GHG impacts.
2. As the project will be completed in compliance with SJVAPCD Regulation VIII, dust
control measures will be taken to ensure compliance specifically during grading and
construction phases. The mitigation measures to be taken are as follows:
a. Water previously exposed surfaces (soil) whenever visible dust is capable of drifting
from the site or approaches 20% opacity.
b. 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.
c. Reduce speed on unpaved roads to less than 15 miles per hour.
d. 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.
e. 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.
f. Control fugitive dust emissions during land clearing, grubbing, scraping,
excavation, leveling, grading, or cut and fill operations with application of water or
by presoaking.
g. When transporting materials offsite, maintain a freeboard limit of at least 6 inches
and cover or effectively wet to limit visible dust emissions.
h. 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).
i. Stabilize the surface of storage piles following the addition or removal of materials
using water or chemical stabilizer /suppressants.
j. Remove visible track -out from the site at the end of each workday.
k. 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).
Mitigation for Air Quality and GHG impacts.
3. The GAMAQI guidance document lists the following measures as approved and
recommended for construction activities:
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EXHIBIT A
Mitigation Measures
GPA /ZC No. 14 -0329
a. Maintain all construction equipment as recommended by manufacturer manuals.
b. Shut down equipment when not in use for extended periods.
c. Construction equipment shall operate no longer than eight (8) cumulative hours
per day.
d. Use electric equipment for construction whenever possible in lieu of diesel or
gasoline powered equipment.
e. Curtail use of high- emitting construction equipment during periods of high or
excessive ambient pollutant concentrations.
f. All construction vehicles shall be equipped with proper emissions control
equipment and kept in good and proper running order to substantially reduce
NOX emissions.
g. On -Road and Off -Road diesel equipment shall use diesel particulate filters if
permitted under manufacturer's guidelines.
h. On -Road and Off -Road diesel equipment shall use cooled exhaust gas
recirculation (EGR) if permitted under manufacturer's guidelines.
i. All construction workers shall be encouraged to shuttle (car -pool) to retail
establishments or to remain on -site during lunch breaks.
j. All construction activities within the project area shall be discontinued during the
first stage smog alerts.
k. Construction and grading activities shall not be allowed during first stage Os alerts.
First stage Os alerts are declared when the Os level exceeds 0.20 ppm (1 -hour
average).
Mitigation for Air Quality and GHG impacts.
4. 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:
a. 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 AQAP, SJVAPCD
Rules, Traffic Control Measures, Regulation VIII 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:
i. Rapid cure cutback asphalt;
ii. Medium cure cutback asphalt;
iii. 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).
iv. The developer shall comply with applicable provisions of SJVAPCD Rule 9510
(Indirect Source Review).
Mitigation for Air Quality and GHG impacts.
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EXHIBIT A
Mitigation Measures
GPA /ZC No. 14 -0329
5. The following mitigation measure is recommended to further reduce the potential for
Greenhouse Gas emissions from the project. These measures will be required to ensure
that the proposed project emissions are reduced to extent feasible and as required
under state regulation:
a. The project shall comply with the requirements of state and /or federal legislation
and /or regulation to reduce or eliminate production of Greenhouse Gasses.
Mitigation for GHG impacts.
Biological Impact Mitigation Measures:
6. Prior to ground disturbance, the developer shall have a qualified biologist survey the
location for species covered under the Metropolitan Bakersfield Habitat Conservation
Plan incidental take permit for urban development (Tipton kangaroo rat, San Joaquin kit
fox, San Joaquin antelope squirrel, & Bakersfield cactus) and comply with the mitigation
measures of the permit. Survey protocol shall be that recommended by the California
Department of Fish and Wildlife. Developer shall be subject to additional mitigation
measures recommended by the qualified biologist. A copy of the survey shall be
provided to the Community Development Department and wildlife agencies no more
than 30 days 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.
Mitigation for Biological Resource impacts.
7. 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 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 efforts (e.g., killing or
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EXHIBIT A
Mitigation Measures
GPA /ZC No. 14 -0329
abandonment of eggs or young) may be considered "taking" and is potentially
punishable by fines and /or imprisonment.
a. To avoid impacts to burrowing owl, prior to ground disturbance, 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). A copy of the survey shall also be submitted to the City of Bakersfield,
Planning Division.
b. If the survey results indicate the presence of burrowing owl nests, then prior to
grading; including staging, clearing, and grubbing, another clearance survey for
active nests shall be conducted by a qualified wildlife biologist no more than 30
days prior to the start 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 shall mean 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.
c. 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 will be 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.
Mitigation for Biological Resource impacts.
Recommended Mitigation Measures contained in the Biological Survey for the Project Site:
8. With implementation of the measures below, special- status species populations within
the project vicinity are not expected to be adversely affected by the project:
a. A preconstruction survey shall be conducted no more than 14 days prior to initial
ground disturbance to detect special- status wildlife species that may occupy the
site. Avoidance buffers shall be consistent with United States Fish and Wildlife
Service (USFWS) and CDFW standards for individual species as recommended
below.
b. If ground disturbing activities are planned during the nesting season for migratory
birds that may nest on or near the site (generally February 1 through August 31),
nesting bird surveys shall be done no more than 1 week prior to the
commencement of ground disturbance for project activities. If nesting birds are
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EXHIBIT A
Mitigation Measures
GPA /ZC No. 14 -0329
present, no new construction or ground disturbance will occur within an
appropriate avoidance area for that species until young have fledged.
Appropriate avoidance measures shall be determined by a qualified biologist. In
general, minimum avoidance zones for active nests shall be implemented as
follows: 1) ground or low -shrub nesting non - raptors - 300 feet; 2) burrowing owl -
600 feet (see Recommendation #4 for additional measures regarding burrowing
owl); 3) Sensitive raptors (e.g., prairie falcon, golden eagle) - 0.5 miles; 3) other
raptors - 500 feet.
c. If any San Joaquin kit fox dens (potential, known, or suspected natal /pupping) are
observed during any subsequent clearance surveys, including the 14 -day, pre -
activity survey, the recommendations contained in USFWS Standardized
Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or
During Ground Disturbance (USFWS 2011 b) shall be implemented. If any known kit
fox dens for which the recommended avoidance of 100 feet cannot be
maintained, or suspected natal /pupping dens are discovered, CDFW and USFWS
shall be contacted for further guidance.
d. If burrows that show evidence of occupation by burrowing owls are discovered
during any subsequent clearance surveys, including the 14 -day, pre- activity
survey, the procedures for monitoring a potential owl burrow contained in the
CDFW Staff report on burrowing owl mitigation (CDFG 2012) shall be implemented.
e. During construction of the project, all pipe and culverts shall be inspected prior to
moving or welding to prevent injury or entrapment of wildlife. Pipe that cannot be
inspected (due to bends, etc.) should be capped, or otherwise covered at the
end of each day to prevent entrapment of wildlife. If any special- status wildlife is
found entrapped in a pipe section, the pipe shall be avoided and the animal(s)
left to leave of its own accord, except as otherwise authorized by CDFW and
USFWS.
f. All steep - walled trenches or excavations shall include escape ramps. At least one
escape ramp shall be provided in any on -site trench or excavation at no more
than a 2:1 slope. Such trenches or excavations shall be inspected for wildlife
immediately prior to backfilling.
g. A 20 mile - per -hour speed limit shall be implemented on any non - public roads
during construction, operation, and maintenance activities. Extra caution shall be
taken at night because San Joaquin kit fox are primarily nocturnal.
h. Prior to conducting work on site, all employees and contractors shall be trained to
be aware of listed species that may be present, and how to avoid impacts to
them.
i. Firearms and pets shall be prohibited from the project site.
j. All food - related trash such as wrappers, cans, bottles, and food scraps shall be
disposed of in closed containers and regularly removed from the project site. No
deliberate feeding of wildlife shall be allowed.
k. Any take (harm, harassment, injury, killing, etc., or any attempt to engage in these
activities) shall be reported promptly to the designated federal and /or state
agency, as appropriate.
Mitigation for Biological Resource impacts.
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EXHIBIT A
Mitigation Measures
GPA /ZC No. 14 -0329
Cultural Impact Mitigation Measures:
9. 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 Resource impacts.
10. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation.
Mitigation for Cultural Resource impacts.
11. If human remains are discovered during grading or construction activities, work shall
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
that 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 Resource impacts.
12. Prior to ground- disturbance activities associated with this project, personnel associates
with grading 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 dates) 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 Resource impacts.
Traffic Impact Mitigation Measures:
13. Intersection improvements needed by the year 2035 to maintain or improve the
operational level of service of the street system in the vicinity of the project are shown in
Table 6:
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EXHIBIT A
Mitigation Measures
GPA /ZC No. 14 -0329
Table 6
Future Intersection Improvements and Local
Mitiaation
#
Intersection
Total Improvements Required
Local Mitigation
(Improvements not
Project % Share
by 2035
covered by RTIF or
for Local
adjacent development)
Mitigation
Renfro Rd &
Install Signal - 2 EBL, 1 EBT, 1 EBR,
3
Brimhall Rd
2 WBL, 1 WBT, 1 WBR, 2 NBL, 1 NBT,
2 SBL, 1 SBT, 1 SBR
4
Jenkins Rd &
Install Signal - 1 EBT, 1 EBR, 1 WBT,
Brimhall Rd
1 WBR, 1 SBR
-
5
Allen Rd &
Restripe EBR to Shared EBT /EBR,
Restripe EBR to Shared
Brimhall Rd
1 WBT, 1 SBT
EBT /EBR, 1 WBT1, 1 SBT
1.51%
Install Signal - 2 EBL l , 1 EBT 1, 1 EBR,
1
Wegis &
2 WBL, 1 WBTI, 1 WBRI,I SBLI,
Stockdale le Hwy
Install Signal
5.91%
1 SBT1, 1 SBRI
Heath Rd &
Install Signal - 2 EBL, 1 EBT, 2 WBL,
12
Stockdale Hwy
1 WBT, 2 NBL, 1 NBT, 1 NBR, 2 SBL,
-
-
1 SBT, 1 SBR
15
Allen Rd &
Stockdale Hwy
1 EBR
1 EBR
4.46%
Notes: NB = Northbound, SB = Southbound, WB= Westbound, EB = Eastbound
L = Left -Turn Lane, T = Through Lane, R= Right -Turn Lane
Striping Only
Mitigation for Traffic impacts.
DL:S: \GPAs \GPA 1st 2015 \14 - 0329 \Mitigation Measures.doc
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