HomeMy WebLinkAboutRES NO 133-15RESOLUTION NO. 13 3-15
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 AT THE SOUTHEAST CORNER
OF PANAMA LAND AND GOSFORD ROAD. (GPA /ZC NO. 15-
0252).
WHEREAS, McIntosh & Associates for Panama Lane Properties, 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 GC (General Commercial)
and to change the zone district from R -1 (One Family Dwelling) to C -2 (Regional
Commercial) on 9.62 acres located at the southeast corner of Panama Lane (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, October 14, 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. 33-15 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 of0CT 1 l ZO�City of Bakersfield at a regular meeting held on
by the following vote:
COUNCILMEMBER:
✓ ✓ ✓ � �
RI RA, MAX &111
EIR, SMITH, HANSON, SULCIVAN, PARIIER
NOES: COUNCILMEMBER:
NON
ABSTAIN: COUNCIIMEMBER:
KIM
ABSENT: COUNCBMEMBER:
N
OBERTA eAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED OCT 14 2015
HARVEY L HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
ANDREW HEGLUN
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
By: DL \S: \GPAs \GPA 3xh 2015 \15-0252 \Res Ofd \CC Env Res 15-0252.doa
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Exhibit A
Mitigation Measures from Negative Declaration
General Plan Amendment /Zone Change No. 15.0252
Air Quality Impact 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.
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 Arc Quality and GHG impacts.
3. The GAMAQI guidance document lists the following measures as approved and required
for construction activities:
a. Maintain all construction equipment as recommended by manufacturer manuals.
Shut down equipment when not in use for extended periods.
b. Shut down equipment when not in use for extended periods.
c. Construction equipment shall operate no longer than eight (8) cumulative hours per
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GPA /ZC 15-0252
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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 ozone
alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm
(1 -hour average).
Mitigation for Air Qualify and GHG impacts.
4. The following measures are required to further reduce the potential for long -term emissions
from the project. These measures are required as a matter of regulatory compliance:
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. The applicant shall be required to comply with applicable mitigation measures in the
Air Quality Attainment Plan, District 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;
it. 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.
5. 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.
Sloloalcal Impact MIHaallon 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 PIMKFq
incidental take permit for urban development (Tipton kangaroo rat, San Joaquin kit fo �m
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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 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.
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�Ni@KFq
Project applicant identifies active nests, the CDFW shall be notified and ° mT
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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. 703711). 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.
8. 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 (MBHCP). 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 and results shall be provided to
the Community Development Department- Planning Division and Wildlife agencies no
more than 30 days prior to ground disturbance.
The current MBHCP expires in 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 under the current MBHCP. 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.
Mitigation Measures for Biological Impact from the Biological Reconnaissance Survey.
9. The following measures are intended to additionally reduce the potential for direct take of
listed wildlife species that may be present in the vicinity of the proposed project and shall
be implemented as precautions to reduce the likelihood of significant impacts to special -
status species in the event that any foraging activities occur in the vicinity of the project
site.
a. If ground disturbing activities are planned during the potential nesting season for
migratory birds that may nest on or near the site (generally February 1 through
August 31), nesting bird surveys are recommended no more than one week prior to
the commencement of ground disturbance for project activities. If nesting birds are
present, no new construction or ground disturbance should occur within an
appropriate avoidance area for that species until young have fledged. Appropriate
avoidance shall be determined by a qualified biologist. In general, minimum
avoidance zones for active nests should be implemented as follows: 1) ground or I_QW,FgN
shrub nesting non - raptors-300 feet (91 meters); 2) burrowing owl -600 feet �83 T
meters), see Recommendation #c) for additional measures regarding burrowing3aw1; o
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GPA /ZC 15-0252
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3) sensitive raptors (e.g. Prairie falcon, golden eagle) -0.5 (0.8 kilometers); 4) other
raptors -500 feet (153 meters).
b. If burrows that show evidence of occupation by burrowing owl are discovered during
subsequent surveys, including the 30-day pre - activity survey, the procedures for
monitoring a potential owl burrow contained in the CDFQ Staff Report on Burrowing
Owl Mitigation (CDFG 2012) shall be implemented.
Mitigation for Biological Resource Impacts.
Cullural Impact MNlaation Measures:
10. If cultural resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation. 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 further commencement of
ground- disturbance activities and construction.
Mitigation for Cultural Resource Impacts.
11. If human remains are discovered during grading or construction activities, all 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 5097.94, 5097.98 and 5097.99
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 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 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 date(s) of
training activities, the individuals) 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 and segment improvements which were identified in the Traffic Study and ip,
Addendum One as necessary to maintain acceptable Levels of Service are listed in Table 9s
6 and Tables 8 and in Table A.1 (from Addendum One). These tables list the total
improvements required by the year 2035. The project's share of the costs for improvements NAL
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GPA /ZC 15-0252
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to mitigate their impacts to the transportation facilities included within the Regional
Transportation Impact Fee Program (RTIF) shall be paid by the project through its
contribution to the fee program. Required future improvements to local facilities not
included in the regional fee program shall be paid for by the project proponent based on
the pro -rate share of project related traffic identified in the Traffic Study for this project.
Both the 'local' and 'regional' fees will be paid at time of issuance of the various related
building permits for the project.
Mitigation for Traffic Impacts.
14. The developer shall pay into the adopted Regional Traffic Impact Fee fixed rate program
at time of issuance of any building permit for the project site.
Mitigation for Traffic Impacts.
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