HomeMy WebLinkAboutRES NO 152-2022RESOLUTION NO. 15 2 022
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
SOUTH OF HOSKING AVENUE AND WEST OF SOUTH H STREET
(GPA/ZC NO.21-0179).
WHEREAS, Anthony Olivieri is requesting: (1) an amendment to the land use map
designation of the Metropolitan Bakersfield General Plan from LR (Low Density
Residential) to GC (General Commercial); and (2) an amendment to Title 17 of the
Bakersfield Municipal Code to change the zone classification from R-1 (One Family
Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on
21.4 acres located south of Hosking Avenue and west of South H Street (the "Project");
and
WHEREAS, it was determined that the Project would not have a significant effect
on the environment; therefore, a Mitigated Negative Declaration was prepared in
accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the Initial Study/Mitigated Negative Declaration was circulated for a
public review period from April 25 to May 25, 2022 in accordance with CEQA; and
WHEREAS, the Planning Commission held a public hearing on July 21, 2022 and
with no one wishing to speak in support or opposition, approved Resolution No. 70-22,
which recommended that the City Council adopt a Mitigated Negative Declaration for
the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, September 21, 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, the laws and regulations relating to the preparation and adoption of
Mitigated Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and
the City of Bakersfield CEQA Implementation Procedures have been duly followed by
City staff and the Planning Commission; 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.
WHEREAS, the facts presented in the staff report and evidence received both in
writing and by verbal testimony at the above referenced public hearing support the
following findings:
Page 1 of 3
ORIGINAL
All required public notices have been given. Hearing notices regarding
the Project were mailed to property owners within 300 feet of the Project
area and published in the Bakersfield Californian, a local newspaper of
general circulation, 10 days prior to the hearing.
2. The provisions of CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures have been followed. Staff
determined that the proposal is a project under CEQA.
3. A Mitigated Negative Declaration for the Project is the appropriate
environmental document to accompany its approval as the Project will
not significantly impact the physical environment.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as
follows:
The above recitals, incorporated herein, are true and correct.
2. The Mitigated Negative Declaration is hereby recommended for adoption
by the City Council.
3. The project is subject to mitigation measures found in Exhibit A for the
Project located on the map as shown in Exhibit B, both of which are
incorporated herein.
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 21 st day of
September 2022, by the following vote:
SEP 2 12022
COUNCILMEMBER: Ar pGonzales, Weir, Smith, T— , , Gray, Parlier
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: ARIAS , FRFEMAA)
n
JUL►IE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
Page 2 of 3 s�
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UORIGINAL
SEP 212022
KAREN GOH
MAYOR of the City of Bakersfield
VIRGINIA GENNARO
City Attorne
By: - 0 `/
VIRIDIANA GAL ARDO-KING
Deputy City Attorney
Exhibit: A Mitigation Measures
B Location Map
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ORIGINAL
EXHIBIT "A"
MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT/ZONE CHANGE NO.21-0179
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. The documentation shall specify that the
Project has complied with the San Joaquin Valley Air Pollution Control District's Indirect Source
Rule (Rule 9510).
Biological Resources Impact Mitigation Measures:
2. 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.
3. 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 identify 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.
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ORIGINALC*''
Exhibit A
GPA No. 21-0179
Page 2
Cultural Resources Impact Mitigation Measures:
4. Prior to construction and as needed throughout the construction period, a 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.
5. During construction, if 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.
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.
Paleontological Resources Mitigation Measures:
7. During construction, if buried paleontological 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.
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.
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ORIGINAL"
GPA/ZC 21-01 7�% =I R'2 R-i LEGEND
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z JOPLIN[ (ZONE DISTRICTS)
EXHIBIT „ B" R 3. R i 3 R-1 R-1 One Family Dwelling
BERRYESSA C 6,000 sq.ft. min lot size
CITY OF BAKERSFIELD C-2/P.C.D. C-2/P.C.D. R-1 SIERRASUIMITAVE — R-i R-1-0.5One Family Dwelling
_ 4,500 sq.ft. min lot size
C R-a R-a TA05 WA Y= E Estate10,000 sq.ft. min lot size
R-S Residential Suburban
3 = PARK CITY AVE • - R-o- 24,000 sq.ft./dwelling unit
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5dorn10 min lotsizeQ
GRANITE o C-2/P.C.D. R 1 Horizon R-2 Limited Multiple Family Dwelling
POINTF PARK �Q� R.1 BADGER PASSAVE R 1 Elementary 4,500 sq.ft. min lot size (single family)
C-2 R"1 School 6,000 sq.ft. min lot size (multifamily)
ELITE CT- 2,500 sq.ft. lot area/dwelling unit
C-2 n R-a. R-3 Multiple Family Dwelling
-, Ra R-> 6,000 sq.ft. min lot size
-GRAND KIRKWOOD AVE 1,250 sq.ft. lot area/dwelling unit
HAVEN LN VALDES CT - - R-4 High Density Multiple Family Dwelling
R-> R_1 6,000 sq.ft. min lot size
HOSKING AVE — 600 sq.ft.lot area/dwelling unit
HOSKING AVE' R-H Residential Holding
R-i — 20 acre min lot size
R-i A Agriculture
LUCERNE DR - 6,000 sq.ft. min lot size
C-2/P.C.D. ^ VALLARTA•VIEW AVE
C-2/P.C.D. R-i I- • R_1 A-20AAgriculture
C-2/P.C.D. Ra R-i R_1 20 acre min lot size
-MCGWIRE (T • .' _ PUT Planned Unit Development
ENGELBERG DR - TT Travel Troller Pork
N MARMARA AVE MHMobilehome
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R-> R->. R-i M-3 Heavy Industrial
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R-x — _ •• •• •, OS Open Space
R-a HOSP Hospital Overlay
TRENTINO AVE a SALVATORE AVE M `� • ! KERN COUNTY AD Architectural Design Overlay
W R-i-CH ; FP-P Floodplain Primary
R-y o FP-S Floodplain Secondary
s A - AA Airport Approach
c� MONIOUE AVE- DI Drilling Island
R-> s BRAZIL•AVE PE Petroleum Extraction Combining
SC Senior Citizen Overlay
R->' HUDSON DR HD Hillside Development Combining
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