HomeMy WebLinkAboutRES NO 035-18RESOLUTION NO. 0 3 5 - I @
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 8801 SOUTH 'H' STREET, ALSO BEING THE
NORTHWEST CORNER OF MCKEE ROAD AND SOUTH 'H' STREET (ZC
NO. 17-0161).
WHEREAS, John Wilson LLC, representing the property owner, Greenfield
Assembly of God Liberty Christian Center, filed an application with the City of
Bakersfield Community Development Department to change the zone district from R-1
(One -Family Dwelling) to R -1 -Ch (One -Family Dwelling Church) on approximately 9.7
acres located at 8801 South 'H' Street, as shown in attached Exhibit "B", (the "Project");
and
WHEREAS, on February 15, 2018, the Planning Commission recommended
adoption of a Mitigated Negative Declaration for the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, March 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 Mitigated
Negative Declaration; and
WHEREAS, during the hearing, the City Council considered all facts, testimony,
and evidence concerning the staff report, Mitigated 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. 10-18 are
hereby adopted.
3. The Mitigated 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 o�0N)ke,
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council ofthe City of Bakersfield at a regular meeting held on
MAR 2 1 2018 by the following vote:
AYES'. COUNCILMEMBER_ GONZALES, WEIR, SMITH, FREEMAN, 30CC10AN, EARLIER
NOES: COUNCILMEMBER 'VIIIV'�
ABSTAIN: COUNCILMEMBER.
ABSENT'. COUNCILMEMBER: ) r
1 "
CHRISTOPHU GERRY,
ACTING CITY CLERK and Ex Officio Clerk of
The Council of the City of Bakersfield
APPROVED
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGE
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
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EXHIBIT A
MITIGATION MEASURES
ZONE CHANGE 17-0161
Biological Impact Mitigation Measures:
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.
2. 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 META 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
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EXHIBIT A
Zone Change 17-0161
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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 ov✓I 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.
3. 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 more than
30 days prior to ground disturbance.
Cultural Resources Mitigation Measures:
4. 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
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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.
5. 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.
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.
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