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Home My WebLink AboutRES NO 106-19RESOLUTION NO. 10 6— 19 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT70THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN AND ZONE CHANGE, GENERALLY LOCATED ON THE NORTHWEST CORNER OF THE COTTONWOOD ROAD/EAST PLANZ ROAD INTERSECTION (GPA/ZC NO. 18-0366). WHEREAS, Gilmar Construction, Inc. for All Alnajar, 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 GC (General Commercial) on 0.66 acres and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-2 (Limited Multiple Family Dwelling) to C-2 Regional Commercial) on 0.66 acres, located generally on the northwest corner of the Cottonwood Road/East Planz Road intersection (the "Project"); and WHEREAS, the applicant and/or property owner has indicated the purpose of the Project is for the development of a one-story gas station with convenience store and quick service restaurant on the entirely of APN 170-200-15, which is a total of 1.05 gross acres in size and includes the 0.66 acres proposed in this GPA/ZC request; 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, July 17, 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. 58-19 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 o�$P K, 9q > m ORIGINAL --------000-------- 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 JUL 17 2019 , by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ AY COUNCILMEMBER: RIVERA, GONULES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES COUNCILMEMBER: A0.1c ABSTAIN: COUNCILMEMBER: SCM, ABSENT: COUNCILMEMBER: ✓\C'll¢. APPROVED JUL 17 2019 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney // By: n RICHARD IGER Deputy City Attorney Exhibits: A Mitigation Measures B Location Map U4 L144231A lomi JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 2 of 2 O�gAKF9N r m U ORIGNAL MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 18.0366 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. Cultural Resources Impact Mitigation Measures: 4. 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. 5. 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. 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 thheeAKF9u, T r m J OBIG NAL Exhibit A GPA No. 18-0366 Page 2 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 Mitigation Measures: 7. Prior to the issuance of building permits, the applicant/developer shall provide quantitative proof to the Planning Division of the use of design measures and/or compliance with standards to reduce the project's operational GHG emissions by 29% below 2005 business - as -usual emissions. Regulation and policy that would result in the reduction of GHG emissions in new residential and commercial developments include, but are not limited to, Title 24 efficiency standards, Title 20 appliance energy efficiency standards, 2005 building energy efficiency standards, and SJVAPCD air quality guidelines and rules 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 as well as payment of Local Mitigation towards 4.93% of the cost of a signal at the Cottonwood Road/Watts Drive intersection. 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. S:\Advance Planning\07_GPAs\01 Active\2019\Q3\18-0366\Res_Ord\02_CC\1st Reading\EX H I BIT_Mifigafion.docx