HomeMy WebLinkAboutRES NO 058-16RESOLUTION NO. l 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 AT THE SOUTHWEST CORNER
OF PANAMA LANE AND OLD RIVER ROAD. (GPA /ZC NO. 1S-
0385).
WHEREAS, McIntosh & Associates representing Old River & Panama, 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 11.88 acres located at the southwest corner of Panama Lane and Old
River 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, May 4, 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. 06 -16 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 of the City of Bakersfield at a regular meeting held on
APR 10 1016 , by the following vote:
✓ ✓ ✓ ✓ ,/ W/
Y®' COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, PARUER
NOES: COUNCILMEMBER: nrtMl.
ABSTAIN: COUNCILMEMBER: 002nd.
BSE COUNCILMEMBER:_ SI1%NwQ^
i &L, �-
OBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED APR 10 2016
Harold Hanson
Vice -Mayor
APPROVED as to form:
VIRGINIA GENNARO
City Attorn
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
S: \GPAs \GPA 2nd 2016 \15 -0385 \Res Ord \CC Env Doc 15- 0385.docx
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Exhibit A
Mitigation Measures
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ORIGINAL.
Exhibit A
Mitigation Measures from Negative Declaration
General Plan Amendment /Zone Change No. 15 -0385
Air Quality and Green House Gas MBlaation 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 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 b 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.
h. 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 Qualify 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 diese6�PKF9s
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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.
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 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.
4. The following measures 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 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:
1. 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.
Mifiaation Measures to Reduce Greenhouse Gas Emissions
5. Prior to recordation of each residential subdivision or prior to approval of each Site Plan
Review for commercial /industrial uses within the project site, the project proponent shall
submit to the Planning Director a focused Greenhouse Gas [GHG) Emissions Report,
prepared by a qualified consultant. The report shall include the following and any
additional information required by the Planning Director: FQ NKFq
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a. An explanation that the project will comply with all current state and local applicable
GHG emission control and reduction regulations, as they are adopted or amended
over time.
b. A signed statement by the project applicant that the project will construct and
operate the project in accordance with factors /mitigation measures utilized in the
calculation of CO2e (GHG) emissions and reductions as shown in the air qualify study
for this project.
c. Identification of the measures that the project will implement to reduce operational
CO2e emissions by 29 percent over BAU; which would be the project's proportionate
share of tons per the above - referenced Air Study. Reduction of 29 percent over BAU
CO2e (GHG) emissions is the current threshold adopted by SJVACPD. These measures
may include, but are not limited to: implementation of specific Best Performance
Standards for GHG reduction, acquisition of offset credits, inclusion in an Emission
Reduction Agreement approved by the San Joaquin Valley Air Pollution Control
District ( SJVAPCD), or other approved GHG reduction strategies.
d. A copy of the ISR application submitted to the SJVAPCD listing the mitigation
measures utilized to reduce the GHG emissions for the project.
Any mitigation program reduction of GHG adopted by the SJVAPCD or the City of
Bakersfield that can be implemented for the specific project site may be utilized as a
replacement for the requirements of this mitigation measure, if it provides equal or more
effective mitigation than this mitigation measure.
Mitigation for GHG impacts.
Bioloaical 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, 8, 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 ang6AK,,q
Wildlife.
Mitigation for Biological Resource impacts. F
ORIGINAL
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GPA /ZC 15 -0385
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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 'faking" 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 Wilq_,*KFq
s
agencies no more Than 30 days prior to ground disturbance. ° m
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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.
Cultural Impact Mfliaation 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 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.
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 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 trained0AKF
Should cultural remains be uncovered, the on -site supervisor shall immediately notif�a 9
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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:
12. Intersection and roadway segment improvements which were identified in the Traffic
Study as necessary to maintain acceptable Levels of Service are listed in Tables 6 and 7
(shown below). 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 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.
Table 6
Future Intersection Improvements and Local Mitigation
Notes: NB = Northbound
L = Left Turn Lane
SB = Southbound
Local Mitigation
project %
R = Right -Turn Lane
ER = Eastbound
Total Improvements
(Improvements not
Share for
#
Intersection
Required by 2035
covered by RTIF or
Local
adjacent
Mitigation
development)
4
Buena Vista RD &
Signal, 1SBT, 1 SBR
-
-
Harris Rd
5
Mountain Vista Dr &
Signal
Signal
9.03%
Harris Rd
8
Mountain Vista Dr &
Signal
-
-
Panama Ln
9
Old River Rd &
1 EST, I EBR, 1 WBT, 1 WBR,
Panama Ln
I EBT, 1 EBR, 1 SBT, 1 SBR
10
Gosford Rd &
1 EBT, 1 EBR, 1 WBT, 1 NBT,
-
_
Panama Ln
1 NBR, I NBL
12
Old River Rd &
Signal
-
-
Berkshire Rd
13
Gosford Rd &
Signal
-
-
Berkshire Rd
14
Buena Vista Rd &
Signal
-
-
McCutchen Rd
16
Gosford Rd &
Signal
-
-
McCutchen Rd
Notes: NB = Northbound
L = Left Turn Lane
SB = Southbound
T = Through Lane
WB = Westbound
R = Right -Turn Lane
ER = Eastbound
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Table 7
Future Roadway Improvements and Local Mitigation
'Lane addition only extends north 1,300 feet from Panama Lane; stripe remainder.
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.
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Local Mitigation
Total
(Improvements not
Project
Roadway Segment
Improvements
covered
Percent
Required by 2035
by RTIF or adjacent
Share
development)
Panama Ln:
Add 2 Lanes
-
-
Buena Vista Rd- Old River Rd
Panama Ln:
Add 2 Lanes
-
-
Old River Rd - Gosford Rd
Buena Vista Rd:
Add 2 Lanes
-
-
Panama Ln - Harris Rd
Buena Vista Rd:
Add 2 Lanes
-
-
Harris Rd - Campus Park Dr
Old River Rd:
Add 2 Lanes
-
-
McCutchen Rd- Panama Ln
Old River Rd:
Add 4 Lanes'
Add 2 Lanes
10.799
Panama Ln - Harris Rd
'Lane addition only extends north 1,300 feet from Panama Lane; stripe remainder.
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.
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Exhibit B
Location Map
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