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Home My WebLink AboutRES NO 181-2022RESOLUTION NO. 18 1 ®2 02 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 NORTH OF FAIRVIEW ROAD BETWEEN MONITOR STREET AND SOUTH UNION AVENUE (GPA/ZC NO.22-0104). WHEREAS, Swanson Engineering is requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan designation from LR (Low Density Residential) to GC (General Commercial) and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 19.35 acres located north of Fairview Road between Monitor Street and S Union Avenue (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 August 26 to September 26, 2022, in accordance with CEQA; and WHEREAS, the Planning Commission held a public hearing on October 6, 2022 and with no one wishing to speak in support or opposition, approved Resolution No. 99- 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, November 2, 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. Page 1 of 3 o�gAKF9 s� � r 90RIGINALb 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: 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. --------- 000------ — Page 2 of 3 �gAKF�� o s-r in r OORIGNO HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on thq NOV 1.6 202 f November 2022, by the following vote: ✓ ✓ I,- ✓ ✓ ✓ AYES: COUNCILMEMBER: Arias, Gonzales, Weir, Smith, Freeman, Gray, Parlier NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: NOV 1 6 2022-, �: 44jAn I/ KAREN GOH MAYOR of the City of Bakersfield VIRGINIA 9ENNARO City Attorneey i VIRIDIANA GALLARDO Deputy City Attorney Exhibit: A Mitigation Measures B Location Map JU[IE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 3 of 3 } rn � r— 'ORIGINALb EXHIBIT "A" MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO.22-0104 Air Quality Impact Mitigation Measures: 1. Prior to grading plan approval, the applicant/developer shall submit documentation to the Planning Division that they are compliant with 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 SJVAPCD'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 any species identified as candidate, sensitive, or special status by local, CDFW, or USFWS regulations (i.e., Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, and Bakersfield cactus). If the Metropolitan Bakersfield Habitat Conservation Plan incidental take permit for urban development is active, the applicant/developer shall 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 and/or avoidance measures recommended by the qualified biologist to avoid any identified species on site. 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. Cultural Resources Impact Mitigation Measures: 4. Prior to construction and as needed throughout the construction period, a construction worker cultural awareness training program shall be provided to all new construction o��AK�a`s� > rn OORIGINO 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 paleontological 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 paleontological resource specialist can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant paleontological resource, additional investigations may be required. These additional studies may include fossil salvage. Ground disturbance in the vicinity of the discovery site (within 50 feet) shall not resume until the resource -appropriate measures are implemented or the materials are determined to be less than significant. s 'ORIGINAL� GPA/ZC 22-0104 CITY OF BAKERSFIELD r' _ i GPA ZC w i i s a� er 22-0104+6 I �i!�oi a o I s '� • irsa�IaAa,L�ul -GARDEN DR'" ' 7 FEE adtraarlsi _it Ms. ,ifs "PRICE'l ST�� NIL 9 I- �RVIEWRD�G e FAIRVIE W�RD E, Will mcd l n. JUMBUCK,LNUlm aN +f"Led1�'!-l�u�V7 I _ rw 9.e:i' 00MERANG DR y"e'E L�{1Ly��?9�C�edI7,�L9}r..QI1.'J''� (BI�t*- . 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