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HomeMy WebLinkAboutRES NO 132-16RESOLUTION NO. 132— 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 ALONG THE NORTH SIDE OF BERNARD STREET, 900 FEET WEST OF OSWELL STREET. (GPA/ZC NO. 16. 0093). WHEREAS, Audrey Mills representing Oxygen 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 HMR (High Medium Density Residential) to GC (General Commercial) on 5.59 acres and to change the zone district from R -2 (Limited Multiple Family Dwelling) to PCD (Planned Commercial Development) zone district on 5.59 acres located along the north side of Bernard Street. 900 feet west of Oswell Street (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 Hal, 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: I. The Planning Commission's findings as contained in its Resolution No. 24 -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. —000— o °ePKe9sT Page 1 of 2 m v � ORJ(41NAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of JUL 2 01City of Bakersfield at a regular meeting held on by the following vote: APPROVED JUL 10 2016 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Aft y By: ANDREW HEGLUN Deputy City Attorney Exhibits: A Mitigation Measures B Location Map S: \GPAs \GPA 3rd 2016 \16-0093 \Reso 6 Ord\CC Env Res 164W3.d= Page 2 of 2 of 6AKFyN T m U O ORIGINAL L ArE ' COUNCRMEMBER: RIVERA, MA %WELL, WEIR, HANSON, SULLIVAN, PARUER E5: COUNCILMEMBER: PAJ ABSTAI COUNCBMEMBER:_�s1BS.L 1C EM: COUNCIIMEMBER: ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 10 2016 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Aft y By: ANDREW HEGLUN Deputy City Attorney Exhibits: A Mitigation Measures B Location Map S: \GPAs \GPA 3rd 2016 \16-0093 \Reso 6 Ord\CC Env Res 164W3.d= Page 2 of 2 of 6AKFyN T m U O ORIGINAL Exhibit A Mitigation Measures o`` gAKF9N T m U p ORIGINAL Exhibit A Mitigation Measures General Plan Amendment/Zone Change No. 16 -0093 Air Quality Impact M18aallon 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. Bfoloaical Impact MiOaation Measures 2. Prior to ground disturbance, the developer shall have a California Department of Fish & Wildlffe jCDFW) approved qualified wildlife biologist ('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 applicant will retain a qualified biologist to conduct pre-disturbance nesting bird surveys. Within 7 days of ground - disturbing activities associated with construction or grading that would occur during the nesting /breeding season of native bird species potentially nesting on the site (typically February through August in the Project region, or as determined by a qualified biologist), the applicant shall have a single pre-construction survey conducted by a qualified biologist to determine if active nests of bird species protected by the o gAKF'P m v o ORIGINAL Exhibit A Mitigation Measures GPA /2C 16-0093 Migratory Bird Treaty Act and /or the California Fish and Game Code are present in the disturbance zone or within 300 feet (500 feet for raptors( of the disturbance zone. If nesting birds are found to be present, surveys will continue on a weekly basis until those within the disturbance zone or buffer area are finished nesting. If active nests are found, clearing and construction within 300 feet of the nest (500 feet for raptors) shall be postponed or halted, at the discretion of the biologist in consultation with the California Department of Fish and Wildlife (CDFW), until the nest is vacated and juveniles have fledged, as determined by the biologist, and there is no evidence of a second attempt at nesting. Umits of construction to avoid an active nest shall be established in the field with flagging, fencing, or other appropriate barriers, and construction personnel shall be instructed on the sensitivity of nest areas. The biologist shall serve as a construction monitor during those periods when construction activities will occur near active nest areas to ensure that no inadvertent impacts to these nests occur. 4. 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. If any ground disturbing activities will occur during the burrowing owl nesting season (approximately February I 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. 5. The applicant ail have a qualified biologist conduct pre - disturbance surveys for the kit fox. These pre - disturbance surveys will be conducted no less than 14 days and no more than 30 days prior to any construction - related activities. The primary objective is to identify kit fox habitat features (potential dens and oF$AKF9s T Page 2 of 5 v o ORIGINAL Exhibit A Mitigation Measures GPA /ZC 16-0093 refuges) on the project site and within a 200 -foot buffer zone and to evaluate them sufficiently to ascertain if a kit fox is using them. If an active kit fox den is detected within the area of work or the 200 -foot buffer zone, the CDFG and USFWS will be contacted immediately to determine the best course of action. If no Idt fox activity is detected, the project work will continue as planned and a brief written report will be submitted to the CDFG and USFWS within 5 days after completion of the surveys. While kit foxes are not expected to access the site during development, the applicant will, as a precautionary measure, follow the Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance developed by the USFWS (2011). The measures that follow have been taken from USFWS (2011) and will be implemented for this project. a. Project - related vehicles will observe a 20 mph speed limit in all project areas, except on county roads and state and federal highways; this is particularly important at night when kit foxes are most active. Nighttime construction will be minimized to the extent feasible. If it does occur, then the speed limit should be reduced to 10 -mph. Off -road traffic outside of designated project areas will be prohibited. b. Kit foxes are attracted to den -Ike structures such as pipes and may enter stored pipe, becoming trapped or injured. All construction pipes, culverts, or similar structures with a diameter of 4 inches or greater that are stored at a construction site for one or more overnight periods will be thoroughly inspected by a qualified biologist for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in anyway. If a kit fox is discovered inside a pipe, that section of pipe will not be moved until the USFWS has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity, until the fox has escaped. C. To prevent inadvertent entrapment of kit foxes or other animals during the construction phase of a project, all excavated, steep - walled holes or trenches more than 2 -feet deep should be covered at the close of each working day by plywood or similar materials. If the trenches cannot be closed, one or more escape ramps constructed of earthen -fill or wooden planks shall be installed. Before such holes or trenches are filled, they should be thoroughly Inspected for trapped animals. If at any time a trapped or injured kit fox is discovered, the Service and the California Department of Fish and Game (CDFG) shall be contacted as noted under measure 13 referenced below. Page 3 of 5 o``0AK�9T a v 0 ORIGINAL Exhibit A Mitigation Measures GPA /ZC 16 -0093 d. All food - related trash items such as wrappers, cans, bottles, and food scraps will be disposed of in closed containers and removed at least once a week from a construction or project site. e. Use of rodenficides and herbicides In project areas will be restricted. This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds will observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other state and federal legislation, as well as additional project- related restrictions deemed necessary by the USFWS. If rodent control must be conducted, Anc phosphide will be used because of proven lower risk to kit fox. f. A representative will be appointed by the project proponent who will be the contact source for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a dead, injured, or entrapped individual. The representative's name and telephone number will be provided to the USFWS. g. In the case of trapped animals, escape ramps or structures will be installed immediately to allow the animals to escape, or the USFWS will be contacted for advice. h. No firearms shall be allowed on the project site. 1. No pets, such as dogs or cats, should be permitted on the project site to prevent harassment, mortality of kit foxes, or destruction of dens. j. Any contractor or employee who inadvertently kills or injures a San Joaquin kit fox will immediately report the incident to their representative. The representative will contact the CDFG immediately in the case of a dead, injured, or entrapped kit fox. The CDFG contact for immediate assistance is State Dispatch at (916) 445.0045. They will contact the local warden or biologist. k. The Sacramento Fish and Wildlife Office and CDFG will be notified in writing within 3 working days of the accidental death or injury to a San Joaquin kit fox during project related activities. Notification must include the date, time, and location of the Incident or of the finding of a dead or injured animal and any other pertinent information. The USFWS contact is the Chief of the Division of Endangered Species, 2800 Cottage Way, Suite W2605, Sacramento, CA 95825 -1846, (916) 4146620. The project is located within the MBHCP coverage area and is required to pay Habitat Conservation Plan Fees to offset Incidental take of wildlife species and the impact on species habitat. The fees are paid into a trust as described in the MBHCP for the acquisition and /or enhancement of natural lands and restorable lands for purposes of creating preserves. Currently, the fee is calculated at approximately $2,145 per gross acre. o enKF9� Page 4 of 5 = m U O aFIGINAI. Exhibit A Mitigation Measures GPA /ZC 16-0093 7. Waste and recycling receptacles that discourage foraging by wildlife species adapted to urban environments will be installed in common areas throughout the project site. Cultural Impact MlHaaflon Measures 8. If human remains are discovered during grading or construction activities, work shall cease pursuant to Section 7050.5 of the California Health and Safety Cade. 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 Pubic Resource Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. 9. 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 individuals) 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. MO \\5: \GPAs \GPA 3rd 4016 \I6-0D93\M1Vgolbn Measures 16-0093do o``ePKF9� Page 5 of 5 Fl � o ORIGINAL Exhibit B Location Map of 6PKF9m a m U p ORIGINAL z 44 j4I 5 2 5 LU 8'S $ s "j "�' '{a�ei�ilnir�ds3d , °: rw u � ra 5 g H 6 ° i 5Ni � C� .1N Y]pp111p 8 �r ui. i J V Mw uu V T� z ©IN 9 N 8 ©E 3E If H t� r CN a � 1 !i! cgs gPNF9 _ 5 o JHIGIN