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Home My WebLink AboutRES NO 012-15RESOLUTION NO. 012— 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 A ZONE CHANGE LOCATED ALONG THE SOUTH SIDE OF COLLEGE AVENUE, APPROXIMATELY 200 FEET EAST OF VALENCIA DRIVE. (GPA /ZC NO. 14- 0338). WHEREAS, JB Consulting Services, LLC, representing 13 Bakersfield, LLC, 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 HMR (High Medium 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 13.15 acre, located along the south side of College Avenue, approximately 200 feet east of Valencia Drive (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. 63 -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 -- - - - - -- pP, K, Page 1 of 2 9s�, F= r U Q 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 JAN 1 1 2015 by the following vote: YES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED JAN 2 1 2015 ✓ ✓ ✓ ✓ ✓ ✓ ✓ RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Att y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By: DL \S: \GPAs \GPA 1st 2015 \14 - 0338 \Res Ord \CC Env Res 14- 0338.docx Page 2 of 2 P, K, 9q ~" r U O ORIGINAL. Exhibit A Mitigation Measures from Negative Declaration General Plan Amendment /Zone Change No. 14 -0338 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 required by the San Joaquin Valley Air Pollution Control District. Mitigation for Air Quality and GHG impacts. Biological Impact Mitigation Measures: 2. 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. KI 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. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (META) 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. o�0AKF9� ORIGINAL Page 1 of 5 Mitigation Measures GPA /ZC 14 -0338 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 the presence of burrowing owl nests, prior to grading; including staging, clearing, and grubbing, surveys for active nests shall be conducted by a qualified wildlife biologist no more than 30 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. 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 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. Mitigation for Biological Resource impacts. 4. Prior to ground disturbance, the developer shall have a qualified biologist survey the project location for blunt nose leopard lizard. Survey protocol shall be recommended by the California Department of Fish and Wildlife. If present, avoidance and monitoring plan for blunt -nosed leopard lizard may need to be prepared and implemented, typically in close coordination with CDFW and USFWS. 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 prior to ground disturbance. Mitigation for Biological Resource impacts. General Avoidance and Minimization Measures contained in the Biological Resources Evaluation: 5. Avoidance and minimization measures that may be implemented to avoid and /or minimize potential project related impacts to biological resources include, but are not limited to: a. Project construction activities shall be limited to daylight hours. b. All food - related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in securely closed containers. c. Firearms shall be prohibited from the Project site during construction. d. Pets shall not be permitted on the Project site during construction. e. Prior to the initiation of ground disturbing activities, a qualified biologist shall conduct a species- specific awareness training session with all personnel that will be working on the Project site. The training session shall consist of a briek0AKF9 o > rn V O Page 2 of 5 ORIGINAL Mitigation Measures GPA /ZC 14 -0338 presentation by persons knowledgeable in kit fox biology and legislative protection to explain endangered species concerns to personnel involved in the Project. The training session shall include the following: a description of the species that could potentially be found on the Project site and their habitat needs; an explanation of the status of the species and their protection under the Endangered Species Act(s); and a list of measures being taken to reduce impacts to the species during project construction and implementation. A fact sheet conveying this information shall be prepared for distribution to the previously referenced people and anyone else who may enter the Project site. f. A pre- construction survey shall be conducted 14 to 30 days prior to ground breaking to ensure that no special- status species have moved onto the Project site and could be subject to Project - related impacts. g. Project - related vehicles shall observe a daytime speed limit of 20 mph throughout the Project site, except on county and city roads and State and Federal highways; this is particularly important at night when nocturnal species such as kit foxes are most active. Night -time construction shall be minimized to the greatest extent possible. However, if night work does occur, the speed limit shall be reduced to 10 mph. Off -road traffic within the Project site outside of designated Project roads shall be prohibited. h. All equipment staged at the Project site shall be checked every morning to ensure no special- status species have taken refuge in the equipment over night. i. To prevent inadvertent entrapment of special- status species or other animals during construction of the Project, all excavated, steep - walled holes or trenches more than 2 -feet deep shall be covered at the close of each working day by plywood or similar materials. If trenches cannot be closed, one or more escape ramps constructed of earthen -fill or wooden planks shall be installed. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals. If at any time a trapped or injured animal is discovered, a qualified biologist shall be called to assess the need to contact the USFWS and CDFW. j. Some special- status species, such as kit fox and burrowing owls, are attracted to den -like structures such as pipes and may enter stored pipes becoming trapped or injured. All pipes, culverts, or similar structures with a diameter of 4 inches or greater that are stored at the Project site for one or more overnight periods shall be thoroughly inspected for special- status species before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a special- status species is discovered inside a pipe, that section of pipe shall not be moved until the USFWS and CDFW has been consulted. k. The USFWS and CDFW shall immediately be notified if a dead, injured, or entrapped San Joaquin kit fox is found. Work in the immediate area shall be temporarily halted until further notice from USFWS and CDFW. Any entrapped San Joaquin kit fox shall be permitted to escape. I. If burrowing owls become present on the construction sites (or within 250 feet of the construction site) during the breeding season (April 15 through July 15), and appear to be engaged in nesting behavior, a fenced ESA buffer shall be installed according to standard recommendations (CDFG 1995) between the nest site or active burrow and any earth - moving activity or other potential disturbance. This buffer may be removed once it is determined by a qualified biologist that the young have fledged and are no longer dependent on the nest or burrow for survival. Typically, the young fledge by August 31St. Actual fledging dates may be earlier or later, and shall be determined by a qualified biologist. Buffer distances OAKF may be reduced on a case -by -case basis and with the guidance of a qualified 9,p y' m ~ r v Q Page 3 of 5 ORIGINAL Mitigation Measures GPA /ZC 14 -0338 biologist and prior approval by the CDFW. The standard buffer distances shall only be reduced to a size that retains "no disturbance" to burrowing owls. Mitigation for Biological Resource impacts. Species- Specific Protocol -Level contained in the Biological Resources Evaluation: 6. In order to avoid and /or minimize project related impacts to San Joaquin kit fox and burrowing owl, protocol -level surveys are recommended and will likely be required for agency approvals. Nesting bird surveys are also recommended and expected to be required shall construction- related activities be planned during the nesting bird season (typically February 15 - September 15). a. Shall active bird nests be observed, avoidance measures may be required to ensure that nest abandonment does not occur. Avoidance buffers are required by CDFW and USFWS up to 500 feet for raptor nests and up to 250 feet for other bird nests in order to avoid "take" (i.e., disturbance causing nest abandonment, or death). Because the Project footprint and surrounding areas are within a heavily impacted, residential area, nesting birds are likely to be highly acclimated to disturbance activities. The construction activities that are proposed are relatively low- impact and are unlikely to result in nest abandonment. Consultation with CDFW and USFWS may result in the ability to reduce buffers to avoid project delays. If buffers are reduced, nest monitoring may be required if construction occurs in close proximity to the nest. Mitigation for Biological Resource impacts. Cultural Impact Mitigation Measures: 7. 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. 8. During construction activities on the site, if archaeological resources are discovered, a qualified archaeologist shall be consulted and further evaluated. Mitigation for Cultural Resource impacts. 9. If human remains are discovered during grading or construction activities, work would 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 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. Mitigation for Cultural Resource impacts. 10. 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 ident�f�AKFq � m v Page 4 of 5 ORIGINAL Mitigation Measures GPA /ZC 14 -0338 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 or other 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 Community Development Department - Planning Division that they have met this requirement prior to commencement of ground- disturbance activities. This documentation shall 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. Shall 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. 11. If paleontological resources are encountered during construction, work will cease in the area of the find and a qualified paleontologist shall be retained by the developer to evaluate the significance of the resources and formulate a mitigation program if necessary. The paleontologist shall coordinate with the City of Bakersfield Planning Department. Mitigation for Cultural Resource impacts. 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