HomeMy WebLinkAboutRES NO 103-18RESOLUTION NO. 10 3 -1 8
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
MITIGATED 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 McCUTCHEN ROAD,
APPROXIMATELY 1,300 FEET WEST OF ASHE ROAD. (GPA/ZC
NO. 17-0354).
WHEREAS, Moran Development Company for Beech A/C Properties, LLC, filed an
application with the City of Bakersfield Development Services Department requesting an
amendment to the land use map designation of the Metropolitan Bakersfield General
Plan from LMR (Low Medium Density Residential) to HMR (High Medium Density
Residential) and a change to the zone district from R-2 (Limited Multiple Family Dwelling)
to R-2/PUD (Limited Multiple Family Dwelling/ Planned Unit Development) on 38.01 acres
located along the north side of McCutchen Road, approximately 1,300 feet west of
Ashe Road (the "Project"); and
WHEREAS, the Planning Commission recommended adoption of a Mitigated
Negative Declaration for the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, July 18, 2018 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
Mitigated 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, 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. 38-18 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.
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Onin INAL
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on
Hit 18 2018 , by the following vote:
✓
AYES: COUNCILMEMBER: RI GONZALES, EIR, S ,FREEMAN, SULLIVAN, PARLIER
NOES: COUNCILMEMBER: N I..
ABSTAIN: COUNCILMEMBER: 'N
ABSENT: COUNCILMEMBER: VON
APPROVED JUL 18 2018
404 �A 4/ -
KAREN O
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By — C�—
RICHARD IGER
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
OAA' C '�w Alt
CHRISTOPHER GERRY
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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ORIGINAL
EXHIBIT A
Mitigation Measures from Mitigated Negative Declaration
General Plan Amendment/Zone Change No. 17-0354
Air Quality Impact Mitigation Measures:
1. Prior to grading plan approval, the applicant/developer 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.
2. Prior to grading plan approval, the applicant/developer shall submit proof to the Planning Division
that they have complied with the San Joaquin Valley Air Pollution Control District's Indirect Source
Rule (Rule 9510).
Biological Resources Impact Mitigation Measures:
3. Prior to ground disturbance, the applicant/developer shall have a California Department of Fish and
Wildlife (CDFW) approved wildlife biologist ("qualified biologist") survey the location for species (i.e.,
Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, and Bakersfield cactus)
covered under the Metropolitan Bakersfield Habitat Conservation Plan incidental take permit for
urban development and comply with the mitigation measures of the permit. Survey protocol shall
be that recommended by CDFW. The applicant/developer shall be subject to additional mitigation
measures recommended by the qualified biologist. A copy of the survey shall be provided to the
Planning Division and wildlife agencies no more than 30 days prior to ground disturbance.
4. Prior to ground disturbance, a focused survey for burrowing owl shall be submitted to California
Department of Fish and Wildlife (CDFW) and Planning Division by the applicant/developer. The
survey shall follow the methodology developed by the California Burrowing Owl Consortium (CBOC
1993).
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 any ground disturbance and 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 directly and/or indirectly 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, CDFW
shall be notified and recommended protocols for mitigation shall be followed, and a copy of the
mitigation protocols shall be submitted to Planning Division.
If any ground disturbing activities occur during the burrowing owl nesting season (approximately
February 1 through August 31), and potential burrowing owl burrows are present within the project
footprint, avoidance measures shall be implemented. In the event that burrowing owls are found,
the applicant/developer shall follow CDFW protocol for mitigation and comply with the provisions of
the Migratory Bird Treaty Act.
Cultural Resources Impact Mitigation Measures:
5. Prior to construction and as needed throughout the construction period, a construction worker
cultural awareness training program shall be provided to all new construction workers within one
week of employment at the project site. The training shall be prepared and conducted by a
qualified cultural resources specialist.
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ORIGINAL
Exhibit A
GPA No. 17-0354
Page 2
6. During construction, if cultural resources are encountered during construction or ground disturbance
activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until
a qualified cultural resource specialist that meets the Secretary of the Interior's Professional
Qualification Standards can evaluate the find and make recommendations. If the specialist
determines that the discovery represents a potentially significant cultural resource, additional
investigations may be required. These additional studies may include avoidance, testing, and
excavation. All reports, correspondence, and determinations regarding the discovery shall be
submitted to the California Historical Resources Information System's Southern San Joaquin Valley
Information Center at California State University Bakersfield.
7. During construction, if human remains are discovered, further ground disturbance shall be
prohibited pursuant to California Health and Safety Code Section 7050.5. The specific protocol,
guidelines, and channels of communication outlined by the Native American Heritage Commission,
in accordance with Health and Safety Code Section 7050.5, Public Resources Code 5097.97, and
Senate Bill 447 shall be followed. In the event of the discovery of human remains, at the direction of
the county coroner, Health and Safety Code Section 7050.5(c) shall guide Native American
consultation.
Traffic Impact Mitigation Measures:
8. Prior to issuance of building permits, the applicant/developer shall provide proof to the Planning
Division of the project's participation in the Regional Transportation Impact Fee Program.
9. Prior to the issuance of building permits, the applicant/developer shall provide proof to the Planning
Division of payment of Local Mitigation fees.
10. Prior to issuance of building permits and if necessary, the applicant/developer shall obtain a street
permit or get approved a Traffic Control Plan from the City Public Works Department.
11. Prior to issuance of building permits, the applicant/developer shall submit site plans for approval to
the City Building Department that includes secondary access to the project site per the
requirements of the City Fire Department.
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