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HomeMy WebLinkAboutRES NO 061-16RESOLUTION NO. 06 1— 1 6 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 STATE ROUTE 178, GENERALLY WEST OF MORNING DRIVE (GPA /ZC NO. 15- 0507). WHEREAS, Dirk Poeschel for Rio Bravo Medical Campus, 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) and HMR (High Medium Density Residential) to GC (General Commercial) and to change the zone district from R -1 (One Family Dwelling) and R -2 (Limited Multiple Family Dwelling) to C -2 (Regional Commercial) on 10.8 acres located on the south side of State Route 178, generally west of Morning Drive (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, April 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 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 above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 11 -16 are hereby adopted. 3. 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 - - -- �gAKF9 Page 1 of 2 o ss � m U O ORIGINAL 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 2 0 1016 , by the following vote: APPROVED APR 2 0 2016 Harold Hanson Vice -Mayor APPROVED as to form: VIRGINIA GENNARO City Atto y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures B Location Map BV: DL \S: \GPAs \GPA 2nd 2016 \15 -0507 \Res Ord \cc Neg Dec Res 15 -0507.docx of gAHF9N Page 2 of 2 T M U p ORIGINAL ✓ ✓ ✓ ✓ VE' COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, PARLIER NOES: COUNCILMEMBER: r4 UN_ A9N: COUNCILMEMBER: N ABS NTNT' COUNCILMEMBER: V M fn.{ (IJU-414 (l. R BERTA GAFFORD, CIVIC �1N CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 0 2016 Harold Hanson Vice -Mayor APPROVED as to form: VIRGINIA GENNARO City Atto y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures B Location Map BV: DL \S: \GPAs \GPA 2nd 2016 \15 -0507 \Res Ord \cc Neg Dec Res 15 -0507.docx of gAHF9N Page 2 of 2 T M U p ORIGINAL Exhibit A Mitigation Measures from Negative Declaration General Plan Amendment /Zone Change No. 15 -0507 Air Quality and Green House Gas MRioation 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. SJVAPCD Reauired PM o Reduction Measures 2. 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 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 Eaulpment Exhaust 3. 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. c. Construction equipment shall operate no longer than eight (8) cumulative hours p�AKF,9 day. o Nr m U p ORIGINAL Exhibit A Mitigation Measures GPA /ZC 15 -0507 Page 2 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 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. 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. Miffaation to reduce Greenhouse Gas: 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 an�AK4 additional information required by the Planning Director: o T m U p ORIGINAL Exhibit A Mitigation Measures GPA /ZC 15 -0507 Page 3 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 quality study for this project. c. Identification of the measures that the project will implement to reduce operational CO2e emissions by 29 percent over BALI 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 SJVAPCD. 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 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 Air Quality and GHG impacts. Bfoloalcal Impact Mitfaaffon 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. , V Kp9 Mitigation for Biological Resource impacts. ° `r-^ m U p ORIGINAL Exhibit A Mitigation Measures GPA /ZC 15 -0507 Page 4 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 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 biologist 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 Stjt�pKFq, Department of Fish and Wildlife. Developer shall be subject to the mitigation measures m recommended by the biologist. A copy of the survey and results shall be provided to,31he o ORIGINAL Exhibit A Mitigation Measures GPA /ZC 15 -0507 Page 5 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. 9. Prior to ground disturbance, the developer shall have a qualified biologist survey the project location for blunt nose leopard lizard. Survey protocol shall be recommended by the California Department of Fish and Wildlife. If present, avoidance and monitoring plan for blunt -nosed leopard lizard may need to be prepared and implemented, typically in close coordination with CDFW and USFWS. 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 prior to ground disturbance. Mitigation for Biological Resource impacts. Mitigation Measures contained in the Biological Assessment, M. H. Woffe & Associates. November 2015. 10. Although no sensitive species was identified on the proposed site, species such as the San Joaquin kit fox and burrowing owl are known to occur in the project area and could range onto or take up residence on the site. The MBHCP and ITP must be adhered to in order to prevent take of such sensitive species, and standard mitigation measures for the minimization and avoidance of take must be implemented. In addition, the following measures are required: a. All employees and sub - contractors that will be working on the site must be trained by a qualified biologist with the site- specific Environmental Compliance and Awareness Program so they are aware of all of the environmental protection requirements. b. Preconstruction surveys must be conducted by an approved MBHCP biologist within 30 days of ground and vegetation disturbance in accordance with the MBHCP. If construction has not commenced within 30 days, a second, or verification survey must be conducted. c. Drive slowly on the project site and prohibit off -site driving or operation of equipment or vehicles on the adjacent property that has not been surveyed. Inspect in, on, and under vehicles and equipment prior to moving, as sensitive species may enter, sleep under and /or dig under equipment and vehicles. d. Provide ramps in all trenches or excavations greater than two feet in depth, and cover or fence all trenches six feet or greater in depth to prevent entrapment, injury and /or loss of sensitive species. Conduct twice daily inspection of trenche ;FOAK``9s� while open and inspect them prior to backfilling to ensure sensitive species dp m U p ORIGINAL Exhibit A Mitigation Measures GPA /ZC 15 -0507 Page 6 not become entrapped. Call a qualified biologist if a sensitive species becomes entrapped. e. Cap or cover ends on all pipes and tubular goods or other similar openings of 3.5 inches in diameter or greater to prevent entrapment of sensitive species. Inspect pipes prior to welding, moving or closing to ensure no wildlife is entrapped or injured. f. Keep all plastic trash and foodstuffs in covered or closed containers to preclude attraction of sensitive species or other wildlife to the project site where they may be harmed. Use raven proof trash receptacles. g. Remove solid waste from the project site on regular basis m accordance with local regulations. h. Prohibit feeding of wildlife to prevent attracting sensitive species to the project site. No dogs, other pets or guns should be allowed on the project site. I. Avoid covering or damaging any new burrows that may appear on the construction site during the work. Establish an exclusion area around such areas and call a qualified biologist to determine the appropriate actions to be taken. j. If a sensitive species is encountered on the project site, avoid it and stop any activity that may harm it. Call a qualified biologist to evaluate what action should be taken. Under no circumstances should employees or contractors attempt to harass a sensitive species from the project site. This is strictly prohibited. k. All requirements of existing permits must be followed. Mitigation for Biological Resource impacts. Cultural Impact Mtflaaflon Measures: 11. 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. 12. 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. 13. Prior to ground- disturbance activities associated with this project, personnel associated 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 quolifie�pKp9 archaeologist. The personnel shall be informed of procedures relating to the discovery ' s,. archaeological remains during grading activities and cautioned to avoid archaeological o ORIGINAL Exhibit A Mitigation Measures GPA /ZC 15 -0507 Page 7 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 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: 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. The subject intersections and roadway segment and proposed mitigation measures as described in Table 7 and Table 8 of the traffic study are shown below. Project Percen} Table 7 (Improvement not Share Future Intersection Im rovemerds and Local MHI anon Required by 2035 # Intersection Total Improvements Local Mitigation Project% Required by 2035 (Improvements not Share for Local covered by RTIF or Mitigation adjacent Add 2 Lanes development) Highland Knolls Drive - SR 178 7 Morning Dr & Signal - - College Ave 8 Moming Or & SR NBT, NBL, SBT, SBL, WBR - - 184 / Niles St Table 8 F. a,,re R..A..n..Ironrnvemenf¢ and Inenl MHinnflon Roadway Segment Total Local Mitigation Project Percen} Improvements (Improvement not Share Required by 2035 covered by RTIF or adjacent development) Morning Drive: Add 2 Lanes Highland Knolls Drive - SR 178 Mitigation for Traffic impacts. 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