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Home My WebLink AboutRES NO 058-2023Q RESOLUTION NO. 0 5 8- 2 Q 2 3 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 AND PLANNED DEVELOPMENT REVIEW, LOCATED AT THE SOUTHWEST CORNER OF BERKSHIRE ROAD AND ASHE ROAD (GPA/ZC NO. 22-0125; PDR NO. 22-0403). WHEREAS, Cornerstone Engineering on behalf of Timothy and Marilyn Family Trust is proposing a General Plan Amendment (GPA) and Zone Change (ZC) on 19.96 gross acres located at the southwest corner of Berkshire Road and Ashe Road. The request includes: (1) an amendment of the Land Use Element of the Metropolitan Bakersfield General Plan land use designation from HMR (High Medium Density Residential) to HR (High Density Residential); (2) a change in zone classification from R-2 (Limited Multiple - Family Dwelling) zone to R-3/PUD (Multiple -Family Dwelling/Planned Unit Development); and (3) approve Planned Development Review 22-0403 (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 March 6 to April 4, 2023, in accordance with Cl and WHEREAS, the Planning Commission held a public hearing on April 20, 2023 and with one person wishing to speak in support, approved Resolution No. 28-23, which recommended that the City Council adopt a Mitigated Negative Declaration for the Project; and WHEREAS, the Clerk of the City Council set Wednesday, May 10, 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. Page 1 of 3 o``OAKePs ti m 90RIGINAI o 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. Page 2 of 3 �eA'xF9s m r 0 `�priIG1NF.` V 0 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 24th day of May 2023, by the following vote: MAY 2 4 2023 AYE NOES: ABSTAIN ABSENT. ✓ ✓ ✓ ✓ ✓ ✓ COUNCILMEMBER. ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR COUNCILMEMBER'. JIIJILIE DRIMAKI CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: MAY 2 4 2023 y By KAREN GOH Mayor APROVED AS TO FORM VIRGINIA GENNARO, City Attorney LBy: ' IT VIRIDIANA G LARDO-KING J Deputy City Attorney Exhibit: A Mitigation Measures B Location Map F OAKF Page 3 of 3 ° r � m 0 OR!@INt, � V V EXHIBIT "A" MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 22-0125 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' Indirect Source Rule (Rule 9510) Biological Resources Impact Mitigation Measures: 2. Prior to ground disturbance, the project proponent shall comply with federal and state laws protecting species of plants, fish, and wildlife that are listed or proposed for listing as endangered or threatened, as well as their designated critical habitat. If the presence of an endangered or threatened species on private land that overlaps with development that impose certain duties, such as avoiding unauthorized fake and requiring consultation with the United States Fish & Wildlife Service (USFWS) and/or California Department of Fish & Wildlife (CDFW) agency. If unauthorized take occurs, property owners and developers shall fake the necessary steps to ensure compliance with federal and state laws. 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. o OPKE,�S T o `�pRIGINAI. Q H Exhibit A GPA No. 22-0125 Page 2 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 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. Traffic Impact Mitigation Measures: S. Prior to the issuance of building permits, the project applicant shall participate in the Regional Transportation Impact Fee (RTIF) program by paying the adopted fees in place for the land use type at time of development. 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