HomeMy WebLinkAboutRES NO 053-19RESOLUTION NO.
053- 19
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENTTOTHE
LAND USE MAP DESIGNATION OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN AND ZONE CHANGE, LOCATED AT
THE NORTHEAST CORNER OF THE FAIRFAX ROAD AND COLLEGE
AVENUE INTERSECTION (GPA/ZC NO. 18-0359).
WHEREAS, Marino/Associates for ALDAR Mini Storage, fled 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 GC (General Commercial) on 11.97 gross acres and HMR
(High Medium Density Residential) to GC on an additional 11.01 gross acres, and an
amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District
from R-1 (One Family Dwelling) to combined zone C-2/PCD (Regional
Commercial/Planned Commercial Development) on 11.97 gross acres and PUD
(Planned Unit Development) to C-2/PCD on 11.01 gross acres, located at the northeast
corner of the Fairfax Road and College Avenue intersection (the "Project"); and
WHEREAS, the Planning Commission recommended adoption of a Mitigated
Negative Declaration with mitigation measures 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. 35-19 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.
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ORIGINAL
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council o the City of Bakersfield at a regular meeting held on
(Ql 0 2019 , by the following vote:
AYE COUNCILMEMBER: RIV\0NZAES, WEIR, SMT, FREEMAN. SULLIVAN, PARLI E
ES COUNCILMEMBER'
ABSTAIN: COUNCILMEMBER:
Ct 5 COUNCILMEMBER: \„fJ
APPROVED APR 10 2019
tel M�
KAREN dOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ; v 4” '�
RICHARD IGER
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
vvr�akAl
JU E DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
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O' N
F-
MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 18-0359
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.
? f\l
Exhibit A
GPA No. I8-0359
Page 2
5. Prior to ground disturbance, a protocol -level survey for blunt -nosed leopard lizard shall
be submitted to California Department of Fish and Wildlife (CDFW) and Planning
Division by the applicant/developer. The applicant/developer shall coordinate with
CDFW on next steps based on the results of the survey.
Cultural Resources Impact Mitigation Measures:
6. 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.
7. 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.
8. 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)x) shall guide Native American consultation.
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 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.
s:\Advance Planning\07_GPAs\01_Active\2019\Ql\16-0455\Res_Ord\01 PC\EXHIBIT A_Mitigation.docx