HomeMy WebLinkAboutRES NO 014-2023RESOLUTION NO. 014-2023
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 9407 SOUTH H
STREET (GPA/ZC NO.22-0T22).
WHEREAS, Amerco Real Estate Company is proposing a General Plan Amendment
(GPA) and Zone Change (ZC) on 11.23 acres located at 9407 South H Street. The request
includes: (1) an amendment of the Land Use Element of the Metropolitan Bakersfield
General Plan land use designation from SR (Suburban Residential) to GC (General
Commercial) or a more restrictive designation; and (2) a change in zone classification
from A (Agriculture) to C-2/PCD (Regional Commercial/ Planned Commercial
Development) or a more restrictive district; 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 June 1410 July 14, 2022, in accordance with CEQA; and
WHEREAS, the Planning Commission held a public hearing on December 1, 2022
and with no one wishing to speak in support or opposition, approved Resolution No. 118-
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, February 8, 2023 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:
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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.
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I 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 8th day of February
2023, by the following vote: FEB 0 8 2023
VE
N S:
ABSTAIN.
ABSENT:
J ✓ ✓ ✓ J ur
COUNCLLMEMBER. Arias Gonzales Weir SmIID. Freeman. Gmray. Kaur
GOUNpLMEMBER:
:KKKRKI�T.Iq�rA-1q:A
FEB 0 8 2023
Gnsrl o !!
KAREN GOH
MAYOR of the City of Bakersfield
VIRGINIA GENNARO
City Attorney
By:
VIRIDIANA GALL RDO-KING
Deputy City Attorney
Exhibit: A Mitigation Measures
B Location Map
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
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EXIHIBIT "A"
MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 22-0122
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:
Prior to ground disturbance, the applicant/developer shall have a California
Department of Fish and Wildlife (CDFW) approved wildlife biologist f"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:
a. 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
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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 7050.5jcj 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.
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