HomeMy WebLinkAboutRES NO 105-18RESOLUTION NO. 105— 18
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 AT
THE NORTHEAST CORNER OF PANAMA LANE AND SOUTH ALLEN
ROAD. (GPA/ZC NO. 18-0032).
WHEREAS, McIntosh & Associates for Encanto Gardens, 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 LR (Low Density Residential to LMR (Low Medium Density Residential) and to
change the zone district from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family
Dwelling) on 17.43 (net) acres located at the northeast corner of Panama Lane and
South Allen 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. 44-18 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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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
1UL 18 2018
81018 , by the following vote:
APPROVED JUL 1 81018
.44-1
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: �'-'�
RICHARD ICER
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
�AA� A, �T�mw�A-� k
CHRISTOPHER GERRY
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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AYES:
COUNCILMEMBER:
RIVERA, GONZALES. WEIR,
SMITH, FREEMAN, SULLIVAN,
PARLIER
NOES:
COUNCILMEMBER:
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ABSTAIN:
COUNCILMEMBER:
IJ
ABSENT:
COUNCILMEMBER:
APPROVED JUL 1 81018
.44-1
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: �'-'�
RICHARD ICER
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
�AA� A, �T�mw�A-� k
CHRISTOPHER GERRY
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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EXHIBIT A
Mitigation Measures for Mitigated Negative Declaration
General Plan Amendment/Zone Change No. 18-0032
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 s
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GPA/ZC NO. 18-0032
MITIAGTION MEASURES
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construction workers within one week of employment at the project site. The training
shall be prepared and conducted by a qualified cultural resources specialist.
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.
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