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Home My WebLink AboutRES NO 068-2022RESOLUTION NO. 06 8- 2 ® 2 2 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED ON THE SOUTHWEST CORNER OF FAIRVIEW ROAD AND SOUTH UNION AVENUE. (ZC NO. 21-0196). WHEREAS, McIntosh and Associates for Ralph M. Palla Survivors Trust (property owner), filed an application with the City of Bakersfield Development Services Department requesting an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1 (One -Family Dwelling) to C-2 (Regional Commercial) on 11 -acres and from R-1 (One -Family Dwelling) to M-1 (Light Manufacturing) on 11 -acres located at the southwest corner of Fairview Road and South Union Avenue, as shown on attached Exhibit "B", (the "Project"); and WHEREAS, the Planning Commission held a public hearing on April 7, 2022, and approved Resolution No. 37-22, which recommended adoption of a Mitigated Negative Declaration for the Project; and WHEREAS, the Clerk of the City Council set Wednesday, May 18, 2022, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place before the City Council to consider the proposed Negative Declaration for the Project; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, 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. 37-22 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 -------- Page00 -------- Page 1 of 2 F- m OORICINAL� HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on May 18, 2022 by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: MAY 1 81011 By IW40M �-Z/ KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY City Attor�ey By: f I IDIANA 6ALLARDO-KING Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By: jeng \ S:\Zone Change\01_Active\2021\21-0196\Ord - Res\CC\21-0196 ZC CC RES ENV.docx Page 2 of 2 EXHIBIT A MITIGATION MEASURES ZONE CHANGE No. 21-0196 Air Quality Impact Mitigation Measures: 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 (SJVAPCD) Regulation VIII, dust control measures, that ensure compliance during grading and construction phases. (See page 7-1 of Air Quality Impact Analysis Fairview -S Union Zoning Change, Bakersfield, CA by Trinity Consultants, Nov. 2021) 2. The applicant/developer shall submit documentation to the Planning Division that they will/have comply with recommended measures to reduce Equipment Exhaust as determined by GAMAQI guidance document. (See pages 7-1 and 7-2 of Air Quality Impact Analysis Fairview -S Union Zoning Change, Bakersfield, CA by Trinity Consultants, Nov. 202 1) 3. The applicant/developer shall submit documentation to the Planning Division that they will/have comply with the measures to reduce project air quality impacts including the following See page 7-2 of Air Quality Impact Analysis Fairview -S Union Zoning Change, Bakersfield, CA by Trinity Consultants, Nov. 202 1) a. Title 24 of the Uniform Building Code to minimize total energy consumption. b. San Joaquin Valley Air Pollution Control District's "Air Quality Attainment Plan" (ADAP), SJVAPCD Rules, Traffic Control Measure, Regulation VIII and, Indirect Source Rule (Rule 9510). Biological Resources Impact Mitigation Measures: 4. 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. Habitat Conservation fees shall be required for this project and will be calculated based on the fee in effect at the time we issue an urban development permit (includes grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan ("MBHCP"). Upon payment of the fee, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management off, A, N s >- r `ORIGINAL Exhibit "A" Mitigation Measures Zone Change 21-0196 Page 2 of 3 Agreement Section 3.1.4). This fee is currently $2,145 per gross acres, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurs. Forms and instructions are available at the Planning Division or on the city's web site at https://bakersfieldcify.us/aov/depts/community development/habitat.htm The current MBHCP expires on June 1, 2023. To ensure take of covered species does not occur after the expiration date, fees must be paid no later than January 1, 2023 and all covered activities must be completed by the MBHCP expiration date of June 1, 2023. As determined by the City, only projects ready to be issued an urban development permit, grading plan approval, or building permit will be eligible to pay fees under the current MBHCP. Early payment or pre -payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2023 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish & Wildlife Service and the California Department of Fish and Wildlife ("CDFW"). 5. 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. By jeng / S:IZone Change101_Active12021121-019610rd - ResIPC1EXHIBIT A Mitigation.docx s� ` 0RIGINALb Exhibit "A" Mitigation Measures Zone Change 21-0196 Page 3 of 3 Cultural Resources Impact Mitigation Measures: 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 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 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. By jeng / S. Urine Change101 Activel202ll21-019610rd - ResWC1EXHIBIT A Mitigation. docx O� S� �- rr h r- 0RGNALr- ZC 21-0196 ., �1 J ¢ MH ¢`_ , .oy z t. LEGEND EXHIBIT l�Yy BB 1p� MH �_2 d (ZONE DISTRICTS) 6�f11B�� D H 5 Q QMH z MHe m LOS NINOS MH _ - _ - " " - R-1 One Family Dwelling BRYANT ST 6,000 sq.ft. min lot size CITY OF BAKERSFIELD 1 R-14.5 One Family Dwelling 4,500 sq.ft. min lot sire R-1 R-1 M-2 1 E Estate i 10,000 sq.ft. min lot size M-2 GARDEN DR_! R-5 Residential Suburban _NE ILL24,000 sq.ft dwelling unit 3' R-54 ) Residential Suburban AVE I Raffaello Palle m 1, 2.5, 5 or 10 min lot size. R-1 Elementary School �, 4, `�' R-2 Limited Multiple Family Dwelling • Q; PRICEdT 4,500 sq.ft. min lot size (single family) R-2 R-1 R-1 10, 6,000 sq.ft. min lot size (multifamily) 2,500 sq.ft. lot orea/dwelling unit M-1 �' �' R-3 Multiple Family Dwelling M-2 "' - 6,000 sq.ft. min lot size JIMS ST SPERRY ST 1,250 sq.ft. lot arealdwelling unit ST 1 R4 High Density Multiple Family Dwelling KERN L'►1V CO i N7Y 6,000 sq.ft. min lot size 600 sq.ft. lot area/dwelling unit -FAIRVIEW RD R -H Residential Holding E FAIRVIEWRD; 20 acre min lot size A Agriculture R-1 R-1 a 6,000 sq.ft. min lot size A -20A Agriculture JUMBDCK LNFROM: R-1 hirview 20 acre min lot sire -vT BOBCHFIELD AVE; REXLANO z TO: C-2 ElementaryPUD Planned Unit Development R-1 c A°r I ACRES PARK School TF Travel Trailer Park R-1 �� R-1 - ;� MH Mobilehome BOOMERANG -DR gE MARlp tt:_" 'S C-0 Professional and Administrative Office ."A (T m (4 Neighborhood Commercial R-1 MALIBAR AVE. - C-2 Regional Commercial r 3 C -C Commercial Center RUSSELL AVE �� AUSSIE AVE 9 C -B Central Business QOoa R-1 3: �. s PCD Planned Commercial Development FROM: R-1 J. R-1 s - m - t�� M-1 Light Manufacturing -2 General Manufacturing R-1 t e K^INGSCROSS AVE= - �j TO: M- M `^ o M•3 Heavy Industrial TUSCANY P Automobile Parking 4UCKLEY A* RE Recreation R-1 R-1 3 s FUTURE R_7r Ch Church Overlay SPARK SITE W OS Open pace ADELAIDE AVE- ^ ADELAIDE AVE= OS ti MARGE AYE • L z o R-1 ' • R-1 HOSP Hospital Overlay P e a �1 AO Architectural Design Overlay y ar. aLOS R-1 R-1 N = C CHAPULTEPEC AVE- - is FP -P Floodplain Primary � ••�••�•• FP -S Floodplain Secondary C-21P.C.D. R-1 � AA Airport Approach DELWDOD a z R. _ R-1 = R-1 DI Grilling Island LINNELUWAY o 3 AVE - PE Petroleum Extraction Combining SALAZARAVE SC Senior Citizen Overlay Ilkg R-1 s R-1 R-1 R-1 R-1 HD Hillside Development Combining oJALPAN o R-1 R-1 WM- West Ming Specific Plan MABLE N m RADICCHIO AVE•-= • AVE AVE R-1 a R_1 <, _ _ - =[ORREGIDORA AVE T, a e a n a a R_1 R-2 R_1 a R-1 R_1 a a BAKERSFIELD EUBANKS•AVE ,, °LITTLEJOHNAVE7• TESSWAY =; a C•2 SABUGO CT ^ n CANDIA-AVE- R-1 Y c C-2 R-1.. tF t _ n-„PANAMALN a E PANAMA LN, ,, ,_, ..., _ C_y C-1 s R-1 3 R-1 Y Feet R-1 0 r a•• n-MIRAFLORESAVE • m iC o 0 o R-1 R-1 m R-1 C_2 l y 0 a " R-1 600R-1 R-1 R- 0 300 2012_02_08zc rr�-,s�5v