HomeMy WebLinkAboutRES NO 128-2021RESOLUTION NO. 12 8 m 2 021
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 AT
2323 CHESTER LANE (GPA/ZC NO. 20-0397).
WHEREAS, Paul Dhanens Architect, representing John and Christine Romanini
(property owner), submitted an application with the City of Bakersfield requesting an
amendment to the land use map designation of the Metropolitan Bakersfield General
Plan from GC (General Commercial) to HR (High Density Residential) on 0.64 acres and
an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District
from R-2 (Limited Multiple -Family Dwelling) and R-3 (Multiple -Family Dwelling) to R-4
(High Density Multiple -Family Dwelling) at 2323 Chester Lane (the "Project"); 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, July 14, 2021 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
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, 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. 24-21 are
hereby adopted.
3. The 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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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on the 14th day of July 2021,
by the following vote:
ARAYESCOUNCILMEMBER: ARI GONZALES, WEIR SMI FREEMAN, GRAY, PARLIE
S
COUNCILMEMBER: NUVNa-
ABSTAIN: COUNCILMEMBER: C1/ -C.
ABS NT COUNCILMEMBER:
40
J LIE DRIMAKIS, CMC _
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED JUL-14 2021
VA- 4- 4
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attompy
By:
VIRIDIANA G,"RDO
Deputy City Attorney
Exhibit: A Mitigation Measures
B Location Map
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MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 20-0397
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 (e.g., Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, and
Bakersfield cactus). Species to be surveyed shall include ones covered under the Metropolitan
Bakersfield Habitat Conservation Plan incidental take permit for urban development as well as
for any species covered under other applicable laws (such as the Migratory Bird Treaty Act). The
applicant/developer shall and comply with the mitigation measures of the permit. Survey
protocol shall be those 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. 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.
5. 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.
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Exhibit A
GPA No. 19-0397
Page 2
Traffic Impact Mitigation Measures:
6. 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 (RTIF) program.
7. Prior to the issuance of building permits, the applicant/developer shall provide proof to the
Planning Division of payment of Local Mitigation fees.
8. 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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