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Home My WebLink AboutRES NO 015-19RESOLUTION NO. 0 15- 19 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE LAND USE MAP, LOCATED AT THE SOUTHEAST CORNER OF THE PANAMA LANE/RELIANCE DRIVE INTERSECTION (GPA NO. 18-0349). WHEREAS, McIntosh & Associates, representing Panama Lane 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) on 24.33 acres located at the southeast corner of the Panama Lane/Reliance Drive intersection (the "Project"); and WHEREAS, On April 11. 2018, the City Council, based on the recommendation of the Planning Commission, adopted the Mitigated Negative Declaration (MND) for General Plan Amendment/Zone Change (GPA/ZC) No. 17-0363 and unanimously approved the Project, and the City filed a Notice of Determination for the Project with the County Clerk on April 12, 2018 for GPA/ZC No. 17-0363; and WHEREAS, subsequent to processing GPA/ZC No. 17-0363, the applicant determined that the approved General Plan designation of LMR on 24.33 acres located on the southeast corner of the Panama Lane/Reliance Drive intersection obtained through the previous GPA/ZC process does not provide the necessary dwelling unit density anticipated for the development of the Project site. Therefore, the applicant is now requesting this GPA No. 18-0349, which changes the land use designation at the site from LMR to HMR on the same 24.33 -acre site with a cap of 89 duplexes (178 dwelling units); and WHEREAS, the previous MND for GPA/ZC No. 17-0363 analyzed the environmental impacts of developing a maximum of 243 dwelling units and therefore, GPA No. 18- 0349 would not result in environmental effects greater than what was already analyzed in the MND for GPA/ZC No. 17-0363; WHEREAS, the applicant has provided a Reaffirmation Memorandum (see attached) where it is reaffirmed "that the analyses, conclusions, [and] proposed mitigation measures... for the previous GPA/ZC [No.] 17-0363 are still valid for the current application GPA No. 18-0349;" and WHEREAS, the Planning Commission recommended adoption of an Addendum to the Mitigated Negative Declaration for the Project; and WHEREAS, the Clerk of the City Council set Wednesday, January 23, 2019 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 Addendum to the Mitigated Negative Declaration as required by Government Code Section 65355, and notice of the public hearing was given in the Page 1 of 3 o�eAKF9-� > m r_ 0OSIGINAL 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, Addendum to the 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. 111-18 are hereby adopted. 3. The Addendum to 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. --------000------ HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on JAN 13 2019 , by the following vote: ✓ ✓ ✓ V-✓ V,AV COUNCILMEMBER'. RIVIERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER: fV�n2 AIN'. COUNCILMEMBER'. O�- ABSEN - COUNCILMEMBER: eaAla^ APPROVED JAN 2 3 2019 Aw KAREN GOH MAYOR of the City of Bakersfield JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 2 of 3 gAKF M JORIGINAII, APPROVED as to form: VIRGINIA GENNARO City Attorney By: v RICHARD IGER Deputy City Attorney Exhibits: A Mitigation Measures for GPA/ZC No. 17-0363 B Location Map Page 3 of 3 o�OAKk; . ri r uORIGINAI EXHIBIT A Mitigation Measures for Mitigated Negative Declaration General Plan Amendment/Zone Change No. 17-0363 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 in finding the presence of burrowing owl nests, prior to grading (including staging, clearing, and grubbing), additional 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 applicant/developer 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 AK conducted by a qualified cultural resources specialist. 0�0 FS% 17 � n, J O ORIGINAL GPA/ZC 17-0363 Exhibit A Mitigation Measures Page 2 b. 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. Greenhouse Gas Emissions Impact Mitigation Measures: 8. Prior to grading plan approval, the applicant/developer shall submit documentation to the Planning Division that they will/have met the Assembly Bill 32 goal of a 29% reduction in greenhouse gas emissions from the 2002-2004 business -as -usual period by 2020. Traffic Impact Mitigation Measures: 9. 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. 10. Prior to the issuance of building permits, the applicant/developer shall provide proof to the Planning Division of payment of Local Mitigation fees. 11. 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. o��PKF9sn >- m r O uORIGINAL w HIM HINLOI as LL gg g E [ W W 2 c F� 8£3 ig7 bCei J g sewT Y €.�5 R7 W K t101Yp3XI1X0) p s tlO11YA0) ,}, r AtlM tl31YXYdfv AYM 3.110.X. 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