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Home My WebLink AboutRES NO 119-2020RESOLUTION NO. o "2 0 ,2 0 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 EAST OF OLD RIVER ROAD BETWEEN PANAMA LANE AND EMPIRE STATE DRIVE (GPA/ZC NO. 19-0184). WHEREAS, McIntosh & Associates for David Combs c/o Nicholson Combs, 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) on 16.89 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 R-2 (Limited Multiple Family Dwelling) on 16.89 gross acres, located east of Old River Road between Panama Lane and Empire State Drive (the "Project"); and WHEREAS, the Planning Commission held a public hearing on March 5, 2020, and approved Resolutions No. 14-20 and 15-20, which denied the Project; and WHEREAS, the Clerk of the City Council set Wednesday, July 15, 2020 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 an appeal to the Planning Commission decision of March 5, 2020, and continued the hearing to August 12, 2020; and WHEREAS, the -City Council on August 12, 2020 upheld the appeal; and WHEREAS, the City Council has adopted a Mitigated Negative Declaration with mitigation measures for the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including 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 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-------- Page 1 of 2 T r - v c� OR;G:NAL r� I 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 AUG 12 2020, by the following vote: ..--I se4/ KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Atto ey By• VIRIDIAN ALLARDO-KING Deputy City Attorney Exhibits A: Mitigation Measures Exhibit B: Location Map S:\Advance Planning\07_GPAs\01_Active\2020\Q3\19-0184\ReS_Ord\02_CC\1st Reading\CC ENV Resolution.docx Page 2 of 2 ✓ J J J ✓ ✓ AYE COUNCILMEMBER: RIV RA, ONZALES, WEIR, SMITH, FREEMAN, SULLIVANma.R- ice —IqOES: COUNCILMEMBER: N� W ABSTAIN: COUNCILMEMBER: W /n7� COUNCILMEMBER: 1 c ' JU DRIMAKIS, CMC ClfgCLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 12 2020 ..--I se4/ KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Atto ey By• VIRIDIAN ALLARDO-KING Deputy City Attorney Exhibits A: Mitigation Measures Exhibit B: Location Map S:\Advance Planning\07_GPAs\01_Active\2020\Q3\19-0184\ReS_Ord\02_CC\1st Reading\CC ENV Resolution.docx Page 2 of 2 MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 19-0184 Air Quality Impact Mitigation Measures: 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. T rn r - O SJR GAAL Exhibit A GPA No. 18-0184 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 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 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 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\O1_Active\2020\Q2\18-0184\Res_Ord\01_PC\EXHIBIT_Mitigation.docx � bAK,6, r F r - c7 p 0-?iGAAL GPA/ZC 19-0184 CITY OF BAKERSFIELD I HARRIS RDX 1 51RRETTAI AK PL 44 r L s P1216d r ' A 9� $� p. flr'! ' r MURFREESBORO;DR1� w �DAVIS,BRIDGPAVEE�t tr. BLOUNTSVILLE,DRNCM 177, b FORT SANDERS AVE, y UTURE a �•I � �-: -'�' –. —–1�-�4` aki.q +T3:.ITa}Jrinis.� e-r�l�j'L--' 3STATENIISLANDDR= 11 - GPA/ZC 19-184 LONG;ISCAND;DRr ; Arl •�., , 1]CARNEGIEHALULNa,,,i+o.«p e� c »A i e Yed.rr;i - OADWAAVE o P1.2251 ! i r ROCKEFELLERER ST �.4- I ' k 1' LUCY OM ' I 4 I I • +Kia ;1 �.+`�, .. �. 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