HomeMy WebLinkAboutRES NO 048-15RESOLUTION NO. 0 418- 15
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE
LAND USE MAP DESIGNATION OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN AND ZONE CHANGE LOCATED AT
THE NORTHWEST CORNER OF SOUTH FAIRFAX ROAD AND EAST
WILSON ROAD. (GPA /ZC NO. 14- 0444).
WHEREAS, McIntosh & Associates representing Fairfax Holdings, LLP, 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 -2
(Limited Multiple Family Dwelling) on 17.37 acres located at the northwest corner of
South Fairfax Road and East Wilson Road (the "Project "); and
WHEREAS, a Mitigated Negative Declaration with mitigation measures was
prepared for the Project; and
WHEREAS, the Planning Commission conducted a public hearing on March 5,
2015 on the Project and recommended denial of the Project; and
WHEREAS, the applicant McIntosh & Associates appealed the recommendation
of Planning Commission; and
WHEREAS, the Clerk of the City Council set Wednesday, May 6, 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
Mitigated 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, Mitigated Negative Declaration and the
Planning Commission's deliberation, and action.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The City Council's findings as contained in this Resolution are hereby
adopted.
2. The Mitigated 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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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council f the City of Bakersfield at a regular meeting held on
0Y 0 6 2015 , by the following vote:
YES'
NOES:
ABSTAIN
ABSENT:
✓ ✓ ✓ U. - ✓ ✓ V-
COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER
COUNCILMEMBER: NOY\SL
COUNCILMEMBER: _�IeQ_
COUNCILMEMBER: " jV4-1
MAY 0 6 2015
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
MAYOR of the City
APPROVED as to form:
VIRGINIA GENNARO
City At r ey
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
By: DLS: \GPAs \GPA 2nd 2015 \14 - 0444 \Res Ord \New folder \CC ENV Approve— 14- 0444.docx
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Exhibit A
Mitigation Measures from Negative Declaration
General Plan Amendment /Zone Change No. 14 -0444
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 Division 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.
Required PM,o Reduction Measures
2. As the project would be completed in compliance with SJVAPCD Regulation VIII, dust
control measures would be taken to ensure compliance specifically during grading and
construction phases. The required Regulation VII measures 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.
Measures to Reduce Equipment Exhaust
3. In addition, the GAMAQI guidance document lists the following measures as approved
and recommended for construction activities. These measures are required:
a. Maintain all construction equipment as recommended by manufacturer manuals.
b. Shut down equipment when not in use for extended periods. o� ONK4.9`f'n
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GPA/ZC 14 -0444
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 NO.
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 03 alerts.
First stage 03 alerts are declared when the 03 level exceeds 0.20 ppm (1 -hour
average.)
Mitigation for Air Quality and GHG impacts.
Other Measures to Reduce Project 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.
b. 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.
c. 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.
d. 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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Mitigation Measures to Reduce Greenhouse Gas Emissions
5. The following mitigation measures are 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 (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.
M
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
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Project applicant of a subdivision or site plan review, following the survey
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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.
Cultural Impact Mitigation Measures
8. 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
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.
9. 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 resources.
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, th
individual(s) that conducted the training, a description of the training, and a list of nam§s��KF9lp"
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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.
Mitigation for Cultural Resource impacts.
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