HomeMy WebLinkAboutRES NO 109-17RESOLUTION NO. 1 0 9 - 17
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DENYING THE
APPEAL AND ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR AN AMENDMENT TO TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE
DISTRICT LOCATED BETWEEN STATE ROUTE 178 AND MALL VIEW
ROAD, APPROXIMATELY ONE -THIRD MILE WEST OF OSWELL
STREET. (ZC NO.17. 0047).
WHEREAS, McIntosh & Associates representing City Lights, LLC and MarkChris
Investments, LLC (property owners), filed an application with the City of Bakersfield
Community Development Department to change the zone district from a PCD
(Planned Commercial Development) to a C -2 (Regional Commercial) zone on
36.41 acres located between State Route 178 and Mall View Road, approximately one -
third mile west of Oswell Street, as shown on attached Exhibit "B ", (the "Project"); and
WHEREAS, on June 15, 2017, the Planning Commission recommended adoption
of a Negative Declaration with mitigation measures for the Project; and
WHEREAS, on June 23, 2017, Andrew Grundman, representing Protect CEQA, filed
an appeal regarding the Planning Commission's recommendation to adopt a
Mitigated Negative Declaration, with the City Clerk in accordance with Bakersfield
Municipal Code Section 17.64.090; and
WHEREAS, the Clerk of the City Council set Wednesday, July 19, 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 appeal of
the proposed Mitigated Negative Declaration and a 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, Mitigated Negative Declaration, supporting
documents, 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 appeal is denied.
3. The Planning Commission's findings as contained in its Resolution No. 18 -17 are
hereby adopted.
4. 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.
Page 1 of 2 g��xFe
�ORIPIM;ai_
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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
JUL 19 2012 , by the following vote:
^u ✓ ✓ ✓ ✓ ✓ ✓
� COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMViI{ FREEMAN, SULLIVAN, PARLIER
NOES
NOES: COUNCILMEMBER'. N �
ABSTAIN: COUNCILMEMBER:
BSE COUNCILMEMBER:
CHRISTCPHIIR GERRY,
ACTING CITY CLERK and Ex Officio Clerk of
The Council of the City of Bakersfield
APPROVED JUL 19 2012
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attor y
By:
ANDREW HEGIUN
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
By:leng \ Sr \ZoneChonge \yr 2017 \I7-0D47 (East Hills Mall) \CC \ZC 17-0047 CC RES ENV.docx
Page 2 of 2
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ORIGINAL
EXHIBIT A
ZONE CHANGE 17 -0047
MITIGATION MEASURES
1. Project development shall be limited to a maximum 358,295 square feet of building
area based on the project descriptions contained in the Air Quality Study and Traffic
Analysis Letter.
Air Quality Impact Mitigation Measures
2. Comply with SJVAPCD Regulation VIII (dust control measures):
• Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the
site or approaches 20% opacity.
• 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
• Reduce speed on unpaved roads to less than 15 miles per hour.
• Instill and maintain a track out control device that meets the specifications of SIVAPCD 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.
• 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.
• Control fugitive dust emissions during land clearing, grubbing scraping, excavation, leveling,
grading, or cut and fill operations with application of water or by presoaking.
• When transporting materials oftsite, maintain a freeboard limit of at least 6 inches and cover
or effectively wet to limit visible dust emissions.
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).
• Stabilize the surface of storage piles following the addition or removal of materials using wa ter
or chemical stabilizer /suppressants.
• Remove visible track -out from the site at the end of each workday.
• 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).
3. GAMAQI guidance document list the following measures for construction activities:
• Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the
site or approaches 20% opacity.
• Water all unpaved haul roads a minimum of three- times /day m whenever visible dust from
such roads is capable of drifting from the site or approaches 20% opacity.
• Reduce speed on unpaved roads to less than 15 miles per hour.
• Install and maintain a track out control device that meets the specifications of SIVAPCD 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.
• 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.
• Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling,
grading, or cut and fill operations with application of water or by presoaking.
• When transporting materials oftsite, maintain a freeboard limit of at least 6 inches and cover
or effectively wet to limit visible dust emissions.
• 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).
�c
onialNAL
Exhibit A
ZC 17 -0047
Mitigation Measures
Page 2
• Stabilize the surface of storage piles followingthe addition or removal of materials using water
or chemical stabilizer /suppressants.
• Remove visible track out from the site at the end of each workday.
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).
4. GAMAQI guidance document lists the following measures as approved and recommended
for construction activities.
Maintain all construction equipment as recommended by manufacturer manuals.
• Shut down equipment when not in use for extended periods.
• Construction equipment shall operate no longer than eight (8) cumulative hours per day.
Use electric equipment for construction whenever possible in lieu of diesel or gasoline
• powered equipment.
Curtail use of high - emitting construction equipment during periods of high or excessive
• amhientpollutant concentrations.
All construction vehicles shall be equipped with proper emissions control equipment and kept
• in good and proper running order to substantially reduce NO„ emissions.
On -Road and Off -Road diesel equipment shall use diesel particulate filters if permitted under
• manufacturer's guidelines.
On -Road and Off -Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if
permitted under manufacturer's guidelines.
All construction workers shall be encouraged to shuttle (car -pool) to retail establishments or
to remain on -site during lunch breaks.
All construction activities within the Project area shall be discontinued during the first stage
smog alerts.
Construction and grading activities shall not be allowed during first stage Oa alerts. First stage
0, alerts are declared when the 03 level exceeds 0.20 ppm (1 -hour average).
5. Reduction of long term emissions.
• The Project design shall comply with applicable standards set forth in Title 24 of the Uniform
Building Code to minimize total consumption of energy.
• 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.
• 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.
• TheappIicantshalI mmp)ywith the provisions of SJVAPCD Rule 4641 during theconstruction
and pavement of all roads and parking areas within the Project area- Specifically, the applicant
shall not allow the use of
Rapid cut e cutback asphalt;
Medium cure cutback asphalt;
Slow cure cutback asphalt (as specified In SJVAPCD Rule 4641, Section 5.13); or
Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4).
The developer shat I comply with appl icahIv provisions of SJ VAPCD Rule 9510 (Indirect
Source Review).
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Exhibit A
ZC 17 -0047
Mitigation Measures
Page 3
Measures applied in CcPEMod to the Proposed Project:
Improve Distance to Public Transit;
The Project would have a bus stop on site, promoting the use of public transportation
to the project rather than private vehicle.
Improve Pedestrian Network (Project site and connecting off - site);
Providing a pedestrian access network to link areas of the Project site encourages
people to walk instead of drive, resulting In a reduction in VMT. The Project would
provide a pedestrian access network that internally links all uses and connects to all
existing or planned external streets and pedestrian facilities contiguous with the
Project site (CAPCOA 2010).
3% Electric Lawnmower;
When electric landscape equipment is used in place of a conventional gas - powered
equipment, direct GHG emissions from natural gas combustion are replaced with
indirect GHG emissions associated with the electricity used to power the equipment
(CAPCOA 2010). The S)VAPCD accepts the statewide average of 3 percent electric
landscape equipment as a standard mitigation measure. This measure is likely
conservative as it does not include local incentives through the air district such as the
lawn mower exchange program, electric mower rebates etc.
3% Electric Leaf blower;
When electric landscape equipment is used in place of a conventional gas- powered
equipment, direct GHG emissions from natural gas combustion are replaced with
indirect GHG emissions associated with the electricity used to power the equipment
(CAPCOA 2010). The SfVAPCD -accepts the statewide average of 3 percent electric
landscape equipment as a standard mitigation measure.
3 %. Electric Chainsaw;
When electric landscape equipment is used in place of a conventional gas- powered
equipment, direct GHG emissions from natural gas combustion are replaced with
indirect GHG emissions associated with the electricity used to power the equipment
(CAPCOA 2010). The SIVAPCD accepts the statewide average of 3 percent electric
landscape equipment as a standard mitigation measure.
Biological Impact Mitigation Measures
7. Pay Development Impact Fees Pursuant to the Metropolitan Bakersfield Habitat
Conservation Plan. The project is subject to the provisions of the Metropolitan Bakersfield
Habitat Conservation Plan.
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 fake 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.
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ORIGINAL
Exhibit A
ZC 17 -0047
Mitigation Measures
Page 4
8. Within 30 days of initial ground disturbance conduct Preconstruction Clearance Survey by a
qualified biologist. A biological clearance survey is required for San Joaquin kit fox and
burrowing owl. The survey shall be completed according to the requirements of the
Metropolitan Bakersfield Habitat Conservation Plan and Incidental Take Permit. All surveys
must be delivered to the U.S. Fish and Wildlife Service, the California Department of Fish and
Wildlife, and the City of Bakersfield.
If the survey results find a covered species on the project site, a written Notice of Grading is
required at least 5 business days prior to any ground disturbance activities (excluding
weekends and holidays). The Notice of Grading shall only be submitted after all required
minimization measures, according to the Incidental Take Permit, are implemented.
9. San Joaquin Kit Fox Avoidance and Den Excavation. If known, active, or natal San Joaquin
kit fox dens are identified during the survey, minimization measures identified in the Incidental
Take Permit for den avoidance must be demonstrated (Metropolitan Bakersfield Habitat
Conservation Plan Incidental Take Permit Condition of Approval 7.5). If dens cannot be
avoided, appropriate monitoring and den excavation as described in Metropolitan
Bakersfield Habitat Conservation Plan Incidental Take Permit.
10. Burrowing Owl Focused Survey and Avoidance and Passive Relocation. A focused survey
following the protocol described in the California Department of Fish and Wildlife Staff Report
on Burrowing Owl Mitigation (CDFG 2012) will be conducted prior to the start of construction.
If burrowing owls are identified on the project site, occupied burrows shall not be disturbed
during the nesting season (February I through August 31 for owls and other raptors). The non -
disturbance buffer shall include a minimum 250 -foot buffer zone around any occupied
burrow unless a qualified biologist approved by the California Department of Fish and
Wildlife verifies through non - invasive methods that either (1) burrowing owls have not begun
egg laying and incubation, or (2) juveniles from the occupied burrows are foraging
independently and are capable of independent survival. The sizes of individual buffers may
be modified through coordination with the California Department of Fish and Wildlife based
on site- specific conditions and existing disturbance levels. During the non - nesting season or if
the qualified biologist determines either (1) or (2) above, the project applicant will
coordinate with the California Department of Fish and Wildlife to construct artificial burrows
and passively relocate the owl(s). Passive relocation is defined as encouraging owls to move
from occupied burrows to alternate natural or artificial burrows that are beyond 50 meters
(approximately 160 feet) from the impact zone and that are within or contiguous to a
minimum of 6.5 acres of foraging habitat for each pair of relocated owls (California
Burrowing Owl Consortium 1993). Regarding passive relocation, the Burrowing Owl Survey
Protocol and Mitigation Guidelines (California Burrowing Owl Consortium 1993) state that:
"Owls should be excluded from burrows in the Immediate impact zone and within a
50 m (approx. 160 feet) buffer zone by installing one -way doors in burrow entrances.
One -way doors should be left in place 48 hours to insure owls have left the burrow
before excavation. One alternate natural or artificial burrow should be provided for
each burrow that will be excavated in the project impact zone. The project area
should be monitored daily for one week to confirm owl use of alternate burrows
before excavating burrows in the immediate impact zone. Whenever possible,
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ORIGINAL
Exhibit A
ZC 17 -0047
Mitigation Measures
Page 5
burrows should be excavated using hand tools and refilled to prevent reoccupation.
Sections of flexible plastic pipe or burlap bags should be inserted into the funnels."
Protect Nesting Birds. If construction activities are scheduled to begin between February 15
and September 15, a nesting bird survey will be conducted no more than 5 days prior to the
start of any initial activity. If construction is postponed, additional surveys may be required.
For any nests that are identified, avoidance buffers will be established to avoid any
disturbances that may affect the nesting birds or cause nest failure. The buffer will be
determined based on a qualified biologist's determination. If the recommended buffer is less
than 500 feet for raptors and less than 250 feet for passerine birds, then a biological monitor
will be present whenever construction occurs within 500 feet of a raptor nest or 250 feet of a
passerine nest, unless otherwise determined unnecessary by a qualified biologist. If the
biologist detects distress or a risk of nest failure resulting from the construction activity, the
biologist may half construction and adjust the buffer as necessary.
12. Conduct "Tailgate" Environmental Education for All Construction Personnel. Prior to initial
groundbreaking, a tailgate session shall be conducted by a qualified biologist to educate
construction personnel on relevant federal, state, and local laws related to potentially
occurring special - status species at the site. The tailgate session shall Include training on
identification of species that may be found on the project site, the status of those species,
and any legal protection afforded to those species. Measures that are being implemented
to protect those species will also be explained. Personnel will be advised to report any
special - status species or burrows promptly. A fact sheet conveying this information will be
prepared for display or for distribution to anyone who may enter the project site. Proof of
training shall be submitted to the City of Bakersfield Planning Department within five days of
the training.
13. Other Best Management Practices. The project shall continuously comply with the best
management practices items listed below during all construction activities and operations of
the project:
a) All trash, including food items, will be disposed of in securely closed or covered
containers daily.
b) A project speed limit will be maintained at 20 miles per hour during daylight hours and
10 miles per hour for any driving on site before sunrise or after sunset.
c) All exposed pipes, culverts, and other similar structures with a diameter 4 inches or
greater shall be properly capped in order to prevent entry by San Joaquin kit fox or
other species. Any of these materials or structures that are left overnight and are not
capped shall be inspected prior to being moved, buried, or closed in order to ensure
that San Joaquin kit fox or other species are not present within the structure. If a
covered species is found within one of these structures, the animal will be allowed to
safely escape that section prior to moving or utilizing that segment.
d) Cover or Inspect All Trenches or Other Potential Entrapments. All open holes, sumps,
and trenches shall be inspected at the beginning, in the middle, and at the end of
each day for trapped covered species as required by Metropolitan Bakersfield Habitat
Conservation Plan Incidental Take Permit Condition of Approval 7.15. All trenches,
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ORIa INAL
Exhibit A
ZC 17 -0047
Mitigation Measures
Page b
sumps, and other excavations with side walls that have greater than 1:1 slope (45
degrees) and are between 2 and 8 feet deep will be covered when workers or
equipment are not actively working in the excavation, including overnight, or shall
have an escape ramp constructed of earth or a non -slip material with less than 1:1
slope. All excavations with side walls greater than 1:10 slope and deeper than 8 feet
shall be covered when workers or equipment are not actively working in the exaction
and at the end of each day. All excavations that are covered long term shall be
inspected at the beginning of each working day to ensure inadvertent entrapment
has not occurred. If a covered species is found to be trapped, work is to cease in the
vicinity and notification will be made immediately to the California Department of Fish
and Wildlife. The animal will be allowed to escape unimpeded, or a qualified biologist
will capture and relocate the animal in accordance with California Department of Fish
and Wildlife direction.
Cultural Resources Mitigation Measures
14 If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the
archeologist.
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ORIa INAL
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ORIGINAL