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Home My WebLink AboutRES NO 010-2022r) f) RESOLUTION NO. 010- 2 0,14 r- 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 THE WEST SIDE OF RENFRO ROAD AT BRIMHALL ROAD (GPA/ZC NO. 21-0280). WHEREAS, Cornerstone Engineering, representing Lone Palm Farms (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 SR (Suburban Residential) to LR (Low Density Residential) on 14.05 acres, from SR to LMR (Low Medium Density Residential) on 13.92 acres, and from SR and GC (General Commercial) to HMR (High Medium Density) on 12.21 acres and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from E (Estate) to R-1 4.5/PUD (Small Lot One Family Dwelling/ Planned Unit Development Combining) on 14.05 acres and from E and C-1/PCD (Neighborhood Commercial/ Planned Commercial Development Combining) to R-2/PUD (Limited Multiple Family Dwelling/ Planned Unit Development Combining) on 26.13 acres located at the west side of Renfro Road at Brimhall Road (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, January 19, 2022 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. 61-21 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. --------- 000 -------- Page 1 of 2 'ORWNAL 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 the 19th day of January 2022, by the following vote: $.-' &I, (�Y �E COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, F44EE40AN, GRAY, PAnRtiER NOES: COUNCILMEMBER: �ABS: COUNCILMEMBER: ABSENT COUNCILMEMBER: fr'4, Al Ln Pfi-rliir juLIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JAN 19 2022 • APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By// ..... ..... 'VIRIDIANA GALLARDO-KING Deputy City Attorney Exhibits: A Mitigation Measures B Location Map K Page 2 of 2 V71 r �-'OF�UGNAI' EXHIBIT "A" MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 21-0280 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 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. 4. If ground -disturbing activities are planned during the nesting season for migratory birds that may nest on or near the site (generally February I through August 31), nesting bird surveys are recommended prior to the commencement of ground disturbance for project activities. If nesting birds are present, no new construction or ground disturbance should occur within an appropriate avoidance area for that species until young have fledged, unless otherwise approved and monitored by a qualified onsite biologist. Appropriate avoidance should be determined by a qualified biologist. In general, minimum avoidance zones for active nests should be implemented as follows: 1) ground or low -shrub nesting non -raptors - 300 feet (91 meters); 2) burrowing owl - 600 feet (183 meters). 3) Sensitive raptors (e.g., prairie falcon, golden eagle) - 0.5 miles (0.8 kilometers); 4) other raptors - 500 feet (152 meters). Cultural Resources Impact Mitigation Measures: 5. Prior to ground disturbance activities, a qualified, professional consultant shall conduct a new field survey to determine if any cultural resources are present. 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(, )RUNAL Exhibit A GPA No. 21-0280 Page 2 7. During construction, if buried paleontological, archaeological, 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 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 cultural 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(c) 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. 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