HomeMy WebLinkAboutRES NO 019-17RESOLUTION NO. 0 19- 17
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 NORTHEAST CORNER
OF OLD FARM ROAD AND NORIEGA ROAD. (GPA /ZC NO. 16-
0264).
WHEREAS, McIntosh & Associates, for Kern Land Partners, -I-C, 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 GC (General Commercial) to LMR (Low Medium Density Residential) on 4.81
acres and to change the zone district from C -1 (Neighborhood Commercial) and R -1
(One Family Dwelling) to PUD (Planned Unit Development) on 17.78 acres located at
the northeast corner of Old Farm Road and Noriego 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, January 25, 2017 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. 60 -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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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
JAN 2 5 1017 , by the following vote:
y j' COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: -
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PAMELA McCARTHY, MMC
Interim City Clerk
APPROVED JAN 2 5 2017
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorn
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
BY: "DL "S: \GPAS \GPA I s120M I6 0264 PUD \Res Ord \CC Resol Neg Dec 16 0264.docx
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EXHIBIT A
Mitigation Measures from Negative Declaration
General Plan Amendment /Zone Change No. 16 -0264
Planned Unit Development No. 16 -0265
Air Quality Impact 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 Mitigation Measures:
2. Prior to ground disturbance, the developer shall have a California Department of Fish &
Wildlife (CDFW) 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.
Mitigation for Biological Resource Impacts.
The burrowing owl is a migratory bird species protected by international treaty under the
Migratory Bird Treaty Act (META) 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).. - K
Disturbance that causes nest abandonment and /or loss of reproductive effort (e.g., killirtb 9sm
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GPA /ZC No. 16 -0264
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 CDFW approved 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
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 mare 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 permittNK6'9
issued offer the expiration date may be subject to a new or revised Habitat Conservatiiio` n sT
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GPA /ZC No. 16 -0264
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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.
CuHural Impact MftlaaTfon Measures:
5. 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 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.
6. The project shall continuously comply with the following throughout the life of the project:
a. 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.
b. 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.
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