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Home My WebLink AboutRES NO 063-16RESOLUTION NO. 0 6 3 - 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 ALONG THE EAST SIDE OF ALFRED HARRELL HIGHWAY, GENERALLY SOUTH OF OLD WALKER PASS ROAD. (GPA /ZC NO. 15- 0363). WHEREAS, Ian Ellis for Aurora Borealis Development, 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) & OS -S (Open Space - Slopes) to GC (General Commercial) on 9.975 acres and to change the zone district from R -1 -HD (One Family Dwelling - Hillside Development Combining) to C- 1- HD /PCD (Neighborhood Commercial - Hillside Development Combining /Planned Commercial Development) on 9.975 acres; and from R -1 (One Family Dwelling) to R -1 -HD (One Family Dwelling - Hillside Development Combining) on 10.86 acres located along the east side of Alfred Harrell Highway, generally south of Old Walker Pass 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, 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. 14 -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 - --- Page 1 of 2 �enkFa c r o ORIGINAL 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 1 0 2016 , by the following vote: ✓ ✓ ✓ ✓ ✓ AYES' COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, PARLIER NOES: COUNCILMEMBER: rNM ABSTAIN: COUNCILMEMBER: BSEN : COUNCILMEMBER: G \ %V t P' ROBERTA GAFFORD, CMC VV CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 0 2016 1 Harold Hanson _ Vlce -Mayor APPROVED as to form: VIRGINIA GENNARO City Att ey By 4 --p ANDREW HEGLUND Deputy City Attorne Exhibits: A Mitigation Measures B Location Map BY:DC /S: \GPAs \GPA 2nd 2016 \15 - 0363 \Res Ord \ENV CC Resol 15 -0363.docx �g PKF9m Page 2 of 2 ° F m v or ORIGINAL Exhibit A Mitigation Measures o``e AKF9s r- m V p ORIGINAL Exhibit A Mitigation Measures from Negative Declaration General Plan Amendment /Zone Change No. 15 -0363 Air Quality and Green House Gas Mltiaafion Measure: 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. Biological Impact MBiaotion 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 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. 3. 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 of 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. o``eAKF9s m U O `.'.q;GIMAL Mitigation Measures GPA /ZC 15 -0363 Page 2 a. To avoid impacts to 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. 4. 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 gAKF to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Department of Fish and Wildlife. '- U p ORIGINAL Mitigation Measures GPA /ZC 150363 Page 3 5. 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. Recommended Mitiaalton Measures contained In the Biota Report: 6. Prior to ground disturbance, the developer shall have a qualified biologist conduct a "tailgate" session for all construction personnel, relative to all environmental federal, state, and local law. The construction personnel shall be trained in sensitive species identification and avoidance techniques and be instructed to be on the lookout for sensitive species sign during earth disturbance phases of construction. Any evidence, such as dens, burrows, or potential raptor nests, observed at any time during construction shall be promptly reported to the reviewing agencies for resolution. 7. All pipes, culverts, or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. All structures not capped or otherwise covered, shall be inspected prior to burial or closure to ensure no kit fox or other protected species become entrapped. Cultural Impact MBiaation Measures: 8. 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. 9. 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. 10. 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 Taejon Indian Tribe or qualified gAK archaeologist. The personnel shall be informed of procedures relating to the o`` F9m discovery of archaeological remains during grading activities and cautioned to m U p ORIGINAL Mitigation Measures GPA /ZC 15 -0363 Page 4 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. Should cultural remains be uncovered, the on- site supervisor shall immediately notify a qualified archaeologist and the Taejon Indian Tribe. The developer shall provide the Taejon Indian Tribe information on excavation depth of the construction site. Geotechnical Mitigation Measure contained In the Preliminary Geotechnical Review: 11. Prior to construction activities, the developer shall demonstrate adherence to the earthwork and grading, site preparation, overexcavation and recompaction, shrinkage, bulking and subsidence factor, rippability and oversized material, seismic design parameters (2013 CBC), foundation recommendations, allowable bearing capacity, lateral load resistance, settlement estimates, slab -on- grade, exterior concrete, retaining walls, pavement design, temporary excavations, trench backfill, surface drainage and erosion, subsurface drainage, conosivity of onsite soils, additional geotechnical exploration and services, as specified in the Preliminary Geotechnical Review, and as approved by the City Building Director. 12. The developer shall provide storm water detention as specified in the Preliminary Drainage Study, and as approved by the City Public Works Department. Traffic Impact Mitigation Measure: 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. DCS: \GPAS \GPA 2nd 2016 \I5 -0363 \Exhibit A mi}igarion.docx o�gAK% m U p ORIGINAL Exhibit B Location Map o�`�AH�9T � m U p ORIGINAL