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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. --- - - - - -- 000-- - - - - -- Page 1 of 2 o� ®A�F9� -cti F- r ro ORIGINAL 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 Page 2 of 2 > m v QRONAI 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 > m `' Page 1 of 5 o ORIGINAL Mitigation Measures 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. Page 2 of 5 o`` gAKF9� F- m r � O ORIGINAL. Mitigation Measures GPA /ZC 14 -0444 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 0�0 PKF9`� -c� Project applicant of a subdivision or site plan review, following the survey >- m r_ a v Page 3 of 5 ORIGINAL. Mitigation Measures GPA /ZC 14 -0444 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" > M r o v Page 4 of 5 ofiiGINAL. Mitigation Measures GPA /ZC 14 -0444 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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