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Home My WebLink AboutRES NO 025-18RESOLUTION NO. O 2 5 _ 8 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED ALONG THE SOUTH SIDE OF TAFT HIGHWAY, GENERALLY EAST OF HUGHES LANE. (ZC NO. 16-0365). WHEREAS, LAV Consulting /Engineering, representing the property owner, Bakersfield 119 LLC, filed an application with the City of Bakersfield Community Development Department to change the zone district from A (Agriculture) to M-1 Light Manufacturing on 12.3 acres located along the south side of Taft Highway, generally east of Hughes Lane, shown in attached Exhibit "B", (the "Project"); and WHEREAS, on January 4, 2018, 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, February 21, 2018 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place before the City Council to consider the proposed Negative Declaration; 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. 06-18 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 O�0AKF9N T U p ORIGINAL I HEREBY �ChERTIFY that the foregoing Resolution was passed and adopted by the Council Ftb 2 ftle City of Bakersfield at a regular meeting held on , by the following vote: ✓ ✓ ✓ ✓ r AYES COUNCILMEMBER-. RIVERA, GONZALES, WHR, SMITH, FREEMAN, SULLIVAN, PARLIER N COUNCILMEMBER'. Narl_ .M ABSTAIN'. COUNCILMEMBER'. N Q_. SEN COUNCILMEMBER'. . FAQ i/ CHRISTOPHER RRY, ACTING CITY CLERK and Ex Officio Clerk of The Council of the City of Bakersfield APPROVED FEB 112018 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Atfor By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By jeng/ 5:\ZoneChonge\yr 2016\16-0365\CC\CC RES ENV ZC 16-0365.docx Page 2 of 2 oF0AKe9R+, ti m ORIGINAL EXHIBIT A MITIGATION MEASURES ZONE CHANGE 16-0365 CITY ATTORNEY In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. PLANNING Biological Impact Mitigation 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 9AKF By TJagoe :I omChangeyr2016116-036SCCIIF0365_Exh A-1 Wgadon.d= m U O^ ORIGINAL Exhibit "A" Mitigation Measures Zone Change 16-0365 Page 2 of 3 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 at 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. 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. By TJ / 5:\ZoneChonge\yr 2016\16-0365\CC\I6-0365 Exh A-1 Mitigation docx of 0AKF9N U � ORIGINAL Exhibit "A" Mitigation Measures Zone Change 16-0365 Page 3 of 3 Cultural Resources Mitigation Measures 4. 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. BAKF9 By: TJ / 5:\ZoneChange\yr 2016V 6-0365\CC\I6-0365_Exh A-1 Miiigaiion.tlocx p r U � ORIGINAL ZC 16-0365 CITY OF BAKERSFIEI Exhibit B RS A wl c -i A A N A Feel 0 250 500 ii LEGEND (ZONE DISTRICTS) t] E Isoao;oK�.svr. .�„X-RM1q t Em000 ran,gr.ia,� — RSXrvWnIIR 3uNMn �-� za000 pX/e.annq vnR 1 y q 1-2 spo,gn mr. mrq. ux, n.m r 2zoo yx xl neJenntinq unX ml xultiow femilr X+Mlinq nmJexnilnq unit TAFT ungn xumpw rimer oxxXra rwmr.Xmq.ml ♦RggmXun^ n it HXRNwXm^IX tX�n miu M,i�r.M mnl Qui 2- YIAn yV.. Gi C-ai XMgMergeeE tpmm�rliiror .j f]. ti Rpmnel temmrn M-0 GP N J P[0 %ennel tnmmxvielourl epronl �'; W LIgM NnuM1Mvnq Y un nq kmeglr lY n�lnlq i �” ... [A AU..ml.1 �..—r. —.. 45v Mnp�lpnrlry tib— ��—�� XnlgnOnrlry IPP IIeNp4nPrinRry IPS fleeegein Sewdery it up n^q ywm.rn vE Mrvwum Fntrxlvn [en0ininq MI q S[sner LXanomey A N A Feel 0 250 500