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Home My WebLink AboutRES NO 121-2022RESOLUTION NO. 12 1- 2 0 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 SOUTH SIDE OF PLANZ ROAD, APPROXIMATELY 1,000 FEET WEST OF SOUTH H STREET. (ZC NO. 21- 0138). WHEREAS, Swanson Engineering, representing Shri Durga Temple, Inc. (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-S (Residential Suburban) to R-2 CH (Limited Multiple Family Dwelling / Church Combining) on 2.83 acres located on the south side of Planz Road, approximately 1,000 feet west of South H Street, as shown on attached Exhibit "B", (the "Project"); and WHEREAS, on June 2, 2022, the Planning Commission recommended adoption of a Mitigated Negative Declaration for the Project; and WHEREAS, the Clerk of the City Council set Wednesday, July 13, 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; 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. 57-22 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. --------- 0 0 0-------- Page 1 of 2 >- r ` 0Ft101NAu I 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 AUG 17 2022 by the following vote: ,/ ✓ ✓ 1--' ,/ AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, R4EE*hW, GRAY, PARLIER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER:-YPuY�Q(� J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: AUG 17 2022 By/4441 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY 7 By: , ��- VIRIDIANA G LA DO -KING Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By: jeng\ S:\Zone Change\01_Active\2021\21-0138\Res & Ord\CC\21-0138 ZC CC RES ENV.docx Page 2 of 2 ��►cFgs o �= vORIGINAL EXHIBIT A MITIGATION MEASURES ZONE CHANGE NO. 21-0138 Biological Resources Impact Mitigation Measures: 1. 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. 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 (USFWS) and the California Department of Fish and Wildlife (CDFW). 2. 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. ,NK,t,� ok Jeng/S:IZone Change101_Active12021121-01381Res & OrdICC121-0138 ZC ExhA Mitigation. docx �- p `ORIGINAL Exhibit "A" Zone Change 21-0138 Mitigation Measures Page 2 of 2 Cultural Resources Impact Mitigation Measures: 3. 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. 4. 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. R-i ZC 21-0138 CITY OF BAKERSFIELD ems. 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R-i 3 ^�-MEREDITH OR *= R-i ---- -PLANNI)- 1------ OS PLANZ PARK" .l a> , E'D / R-1 f oQ Boa R-i m •EMERYAVE- a z R-i LEGEND (ZONE DISTRICTS) R-1 One Family Dwelling 6,000 sci t. min lot size R-14.5 One Family Dwelling 4,500 sq.ft. min lot size E Estate 10,000 sq.ft. min lot size R-S Residential Suburban 24,000 sq.ft./dwelling unit R-S4 ) Residential Suburban 1, 2.5, 5 or 10 min lot size R-2 Limited Multiple Family Dwelling 4,500 sq.ft. min lot size (single family) 6,000 sq.ft. min lot size (multifamily) 2,500 sq.ft. lot area/dwelling unit R-3 Multiple Family Dwelling 6,000 sq.ft. min lot size 1,250 scift lot area/dwelling unit R4 High Density Multiple Family Dwelling 6,000 still. min lot size Egg sq.ft. lot area/dwelling unit R-H Residential Holding 20 acre min lot size A Agriculture 6,000 sq.ft. min lot size A-20A Agriculture 20 acre min lot size PUB Planned Unit Development TT Travel Trailer Park MH Mobilehome C-0 Professional and Administrative Office C-I Neighborhood Commercial C-2 Regional Commercial C-C Commercial Center C-B Central Business P(D Planned Commercial Development M-1 Light Manufacturing M-2 General Manufacturing M-3 Heavy Industrial P Automobile Parking RE Recreation Ch Church Overlay OS Open Space HOSP Hospital Overlay AD Architectural Design Overlay FP-P Floodplain Primary FP-S Roodplain Secondary AA Airport Approach DI Drilling Island PE Petroleum Extraction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM- West Ming Specific Plan • BAKERSFIELD t Feet 0 150 300 2022_04_I0zc