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Home My WebLink AboutRES NO 031-16RESOLUTION NO. ()31— 16 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO TITTLE 17 OF THE BAKERSFIELD MUNICIPAL CODE LOCATED AT THE NORTHWEST CORNER OF CASTRO LAND AND KINGSLEY LANE. (GPA /ZC NO. 15 -0251. WHEREAS, McIntosh & Associates for Frank & Donna Delfino, 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 LMR (Low Medium Density Residential) and to change the zone district from R -S (Residential Suburban) to R -2 (Limited Multiple Family Dwelling) on 4.96 acres located at the northwest corner of Castro Lane and Kingsley Lane (the "Project'); and WHEREAS, an initial study was conducted and it was determined that the Project would not have a significant effect on the environment; therefore, a Negative Declaration with mitigation measures was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission conducted a public hearing on December 3, 2015 and voted to deny the Project and recommend the some to City Council; and WHEREAS, McIntosh & Associates, the applicant, filed an appeal with the City Clerk on December 7, 2015 to the Planning Commission recommendation; and WHEREAS, the Clerk of the City Council set Wednesday, January 20, 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 and continued the item to the February 10, 2016 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, the applicant submitted a letter on January 20, 2016, withdrawing the general plan amendment request to LMR (Low Medium Density Residential) and revising the Zone change application to request a change to R -1 -4.5 (One Family Dwelling -4,500 sq. ft. minimum lot size) instead of the R -2; 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. teAkF9 Page 1 of 3 o sT I U O ORIGINAL 2. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 30 days prior to the hearing. 3. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal is a. project under CEQA and an initial study was completed. A Negative Declaration was prepared and properly noticed for public review. 4. A Negative Declaration for the Project is the appropriate environmental document to accompany its approval. In accordance with CEQA, staff prepared an initial study and indicated that because mitigation measures relating to those impacts identified in the initial study have been incorporated into the Project, the Project will not significantly impact the physical environment. 5. 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 -- o eNK, 9q Page 2 of 3 rMr- U O ORIGINAL, I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council GLEB 1 U 101 ' of Bakersfield at a regular meeting held on FF U 16 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ AD COUNCIIMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARUER NOES: COUNCIUMEMBER: ABSTAIN: COUNCIIMEMBER: ABSENT: COUNCILMEMBER: r4VA ROBERTA GAFFORD, Cl - CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 10 1016 iAy HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attzl�" By: ANDREW HEGLBN Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By: DL\S: \GPAS \GPA 1st 2016 \15-0251 \Res Ord \CC app v \CC ENV RES 15-0251 approve.docx Page 3 of 3 FBAKFq o mr Z5 p ORIGINAL Exhibit A Mitigation Measures from Negative Declaration General Plan Amendment /Zone Change No. 15 -0251 Air Quality and Green House Gas Mitigation Measures I. The proposed project will have air pollutant and greenhouse gas emissions associated with the construction and use of the project site. 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. Bloloalcal Imoacts MIBaaHon 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. 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 fake 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. 3. 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, a 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. os`OpKf9.� s r ORIGINAL Mitigation Measures GPA /ZC 15 -0521 Page 2 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. Mitigation Measures for Biological Impact from the Biological Reconnaissance Survey: 4. 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 required no more than 1 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 the 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 - 600 feet (183 meters; see Recommendation #8 for additional measures regarding burrowing owl); Sensitive raptors (e.g., prairie falcon, golden eagle)- 0.5 miles (0.8 kilometers); 3) 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) should be implemented. Mitigation for Biological Resource Impacts. Cultural Impact Mitigation Measures 5. If human remains are discovered during grading or construction activities, work shall cease 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 0 0AK, 9q T U O ORIGINAL Mitigation Measures GPA /ZC 15 -0521 Page 3 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. 6. 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, the individual(s) 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 of the site. Mitigation for Cultural Resource Impacts. 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