HomeMy WebLinkAboutRES NO 055-19RESOLUTION NO. 0 5 5- 19
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE
LAND USE MAP AND ZONE CHANGE, LOCATED ON THE EAST SIDE
OF UNION AVENUE ABOUT 440 FEET NORTH OF EAST BERKSHIRE
ROAD AND SOUTH OF, AND ADJACENT TO, THE ARVIN-EDISON
CANAL (GPA/ZC NO. 18-0278).
WHEREAS, Swanson Engineering, Inc. for Dr. Victor Kitt, 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 HMR (High Medium Density Residential) on 21.14 acres and
an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District
from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 21.14 acres,
located on the east side of Union Avenue about 440 feet north of east Berkshire Road
and south of, and adjacent to, the Arvin -Edison Canal the "Project"); and
WHEREAS, an initial study was conducted and it was determined that the Project
would not, with implementation of mitigation, have a significant effect on the
environment; therefore, a Mitigated Negative Declaration was prepared in
accordance with the California Environmental Quality Act (CEQA); 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, April 10, 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
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. 33-19 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 �P,K
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council *1 the City of Bakersfield at a regular meeting held on
0 2019 , by the following vote:
✓ ✓ ✓ ✓
V�E COUNCILMEMBER: RIVERA, GONZALES, WE1R, SMITH, FREEMAN, SULLIVAN, PARLIER
NOES: COUNCILMEMBER: A
ABSTAIN: COUNCILMEMBER: Atir�.
pg COUNCILMEMBER: 1 121 r
APPROVED APR 10 1019
KAREN GO
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
RICHARD I�GER
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
5 LUL Nu"
JULYE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
Page 2 of 2 �yf Ke"
0 1r
MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 18-0278
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.
Exhibit A
GPA No. 1M278
Page 2
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.
6. During construction, if buried paleontological or 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 and/or
paleontological 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 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:
B. 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 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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