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HomeMy WebLinkAboutRES NO 058-2022RESOLUTION NO. O 5 8— 2 0 2 2 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 7100 SOUTH H STREET (GPA/ZC NO. 21-0322). WHEREAS, James Marino is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan: (a) from LR (Low Density Residential) and LMR (Low Medium Density Residential) to GC (General Commercial); and (b) from LR (Low Density Residential) to LMR (Low Medium Density Residential); and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the zone classification: (a) from R-1 (One Family Dwelling) and R-1/PUD (One Family Dwelling/Planned Unit Development) to C-2/PCD (Regional Commercial/Planned Commercial Development); and (b) from R-1 (One Family Dwelling) and R-1/PUD (One Family Dwelling/Planned Unit Development) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 25.83 acres located at 7100 South H Street (the "Project"); and WHEREAS, the Planning Commission held a public hearing on March 10, 2022 and with no one wishing to speak in support or opposition, approved Resolution No. 28-22, which recommended that the City Council adopt a Mitigated Negative Declaration for the Project; and WHEREAS, the Clerk of the City Council set Wednesday, April 20, 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. 28-22 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 > m OORIGINAL� 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 20th day of April 2022, by the following vote: � ✓ ✓ I.- � ✓ L iT COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH,fA6EMRlf GRAY, PARLIER NOES: COUNCILMEMBER: COUNCILMEMBER: ABSENT: COUNCILMEMBER: 60 man u',- Lm a JU E DRIMAKIS, tMAC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 0 2022 KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By VIRIDIANA G LLARDO.KING 11T Deputy City Attorney Exhibit: A Mitigation Measures B Location Map Page 2 of 2 O� 0 A KF9`f'-c� > (Ti E- r OORIGNO EXHIBIT "A" MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO.21-0322 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. Cultural Resources Impact Mitigation Measures: 4. Prior to construction and as needed throughout the construction period, a cultural awareness/resources 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. Documentation of pre -construction training shall be submitted to the Planning Department within 5 days of training completion. 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. 6. 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 �KF9 m F- r `ORIGINAL Exhibit A GPA No. 21-00322 Page 2 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: 7. Prior to or concurrently with the issuance of building permits, the project applicant shall provide proof to the Planning Division of the project's participation in the Regional Transportation Impact Fee Program as well as payment of the adopted fees in place for the land use type at the time of development. ��PKFgs o -e > m o OORIGINAL IdL_-J♦ L R-� rM� ADELAIOE AYE=,al=—� L ADELAIOE AVE �,N_�1EREMY_ST a R_1 LEGEND G PA/ZC 21-0322 CARCA'MITSCHFR;CT R R 3 f " " 1N I I MC(LEAAYWAY =•3 R-1 l H� l�( F] (ZONE DISTRICTS) �T�-yT R-1 Ils.,t- --. 1 l EXHIBIT lIBIT B DELWOOD AVE y ,� LINNELL WA =�WILLIAM f HALiFY AVE - �3I 3, m R-1 One Family Dwelling s = R-1 _, R_2 pR S r MH _ R_1 R-1 R-1 R-1 la'. 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