HomeMy WebLinkAboutRES NO 011-16RESOLUTION NO. 0 1 1 ' 16
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 ON THE SOUTH SIDE OF
PANAMA LANE, GENERALLY BETWEEN STATE ROUTE 99 AND WIBLE
ROAD. (GPA /ZC NO. 15- 0392).
WHEREAS, McIntosh & Associates for Marshall E. Helm Corporation, 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 13 acres located on the south side of Panama Lane, generally
between State Route 99 and Wible 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, February 10, 2016 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. 55-15 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.
-- -000 --
Page 1 of 2
0
,t,,GINAL
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 0 2016 , by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ ✓
AYE ' COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARUER
NOES: COUNCILMEMBER: NOILL
ABSTAIN: COUNCILMEMBER: NOPII.
ABSENT: COUNCILMEMBER: NONLI
APPROVED
JAN 2 0 16
A6�
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 Attar ey
By:
ANDREW HEGLUN
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
By: DL \ S: \GPAs \GPA Is12D16 \150392 \Res Ord \CC Eny Doc 150392.4=
Page 2 of 2
ORIGINAL
Exhibit A
Mitigation Measures from Negative Declaration
General Plan Amendment /Zone Change No. 15 -0392
Air Quality and Green House Gas Mltiaation Measures
I. 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 2D% 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).
L 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. In addition, the GAMAQI guidance document lists the following measures as approved and
recommended for construction activities. These measures are recommended:
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.
['P�!GI`J4L
Mitigation Measures
GPA /ZC 15-0392
Page 2
In. 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 Oa alerts. First stage Oa
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 will 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. Applicants shall be required to comply with applicable mitigation measures in the AQAP,
SJVAPCD Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules far 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.
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.
Bloloaical Impact Mitiaation 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. Ea r! yy
i91G!'JAL
Mitigation Measures
GPA /ZC 15-0392
Page 3
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 (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 fisted 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,
a 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 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.
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 issuedt
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-
Mitigation Measures
GPA /ZC 15-0392
Page 4
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
shall 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 low shrub
nesting non - raptors-300 feet (91 meters); 2) burrowing owl -(see Recommendation #2 for
additional measures regarding burrowing owl); 3) sensitive raptors (e.g. Prairie falcon, golden
eagle) -0.5 (0.8 kilometers); 4) other raptors-500 feet (152 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 CDFW Staff Report on Burrowing Owl Mitigation (CDFG
2012) shall be implemented.
Mitigation for Biological Resource impacts.
Cultural Impact MBlaaflon Measures:
9. 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.
10. If human remains are discovered during grading or construction acfivities, 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.
11. 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 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.
Mitigation Measures
GPA /ZC 15-0392
Page 5
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 Mifiaafion Measures:
12. Intersection improvements which were identified in the Traffic Study as necessary to maintain
acceptable Levels of Service are listed in Table 6 (see Exhibit 1). The project's share of the costs for
improvements 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 prorate 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.
13. 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.
DCS: \GPAs \GPA 1st2o16 \IS-0392\Mifigafion Meawres 15 -0392.docx
r'
^m
<� n
ORIGINAL
rA W
s
5
x 0 L"
A R D 6
> �
NN n
MBLE RD I
'> zoumrx sr
Fs T]i p£
�. �
a nr
i Z �
NN ( $ p
A
SWINNSIM YP n p aS '1 "� p
o p
_ g 9
> z
OMM
m
o� �8 z