HomeMy WebLinkAboutRES NO 130-16RESOLUTION NO. 1'3 0 -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 EAST SIDE OF SOUTH
UNION AVENUE AND SOUTH OF THE ARVIN - EDISON CANAL.
(GPA /ZC NO. 16- 0039).
WHEREAS, Bob Swanson, Swanson Engineering, Inc., for Norman L. 011ivier &
Dennis R. 011ivier, 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 ER (Estate Residential) to LR (Low
Density Residential) and to change the zone district from E -1 A (Estate- 1 acre minimum
lot size) to R -1 (One Family Dwelling) on 21.66 acres located on the east side of South
Union Avenue and south of the Arvin - Edison Canal (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, July 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. 20 -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.
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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
JUI 7 0 71116 , by the following vote:
AYES: COUNCILMEMBER: RIVERA, MAXWELL WEIR, HANSON, SULLIVAN, PARLIER
COUNCI LMEMBER: �.101�L
COUNCILMEMBER:
BSENi' COUNCILMEMBER: YN�
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUL 2 O 2016
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attor ey (/ /�
By: �'`c
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
By: DL\ S: \GPAs \GPA 3rd 2016 \16 -0039 \Reso Ord \CC Res Neg Dec 16 0039.docx
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ORIGINAL
EXHIBIT A
Mitigation Measures from Negative Declaration
General Plan Amendment /Zone Change No. 16 -0039
Air Quality Mitigation 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 impacts.
Biological Impact Mitlaaflon 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.
Mitigation for Biological Resource impacts.
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 at active nesting territories be reduced or
eliminated during critical phases of the nesting cycle (March 1 - August 15, annuallyjkF
Disturbance that causes nest abandonment and /or loss of reproductive effort (e.g., Piing 9T
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ORIGINAL
GPA /ZC No. 16 -0039
Mitigation Measures
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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.
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 MBHCPotew, 99
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GPA /ZC No. 16 -0039
Mitigation Measures
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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 Mitiaation Measures:
5. 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.
6. 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.
7. 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 a
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 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.
Mitigation for Cultural Resource impacts. oeeAKFam
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ORIGINAL
GPA /ZC No. 16 -0039
Mitigation Measures
Page 4
Traffic Impact Mitigation Measure:
8. The developer is required to pay into the adopted Regional Traffic Impact Fee program at
time of any issuance of building permits for the project site.
Mitigation for Traffic Impacts.
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