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Home My WebLink AboutRes. No. 75-23 (GPA-ZC No. 22-0337 & PDR No. 23-0331)RESOLUTION NO. 75-23 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE LAND USE MAP. CIRCULATION MAP, ZONE CHANGE, AND PLANNED DEVELOPMENT REVIEW LOCATED AT THE NORTHEAST CORNER OF SOUTH ALLEN ROAD AND PENSINGER ROAD (GPA/ZC NO. 22-0337 AND PDR NO, 23-0331). WHEREAS, McIntosh & Associates is requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from LR (Low Density Residential) to HMR (High Medium Density Residential), an amendment to the circulation map of the Metropolitan Bakersfield General Plan to delete arterial street designation of Pacheco Road between South Allen Road and Buena Vista Road, and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1 (One-Family Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on approximately 80 acres located at the northeast corner of South Allen Road and Pensinger Road (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 Secretary of the Planning Commission set Thursday, October 19, 2023 at 5:30 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 Planning Commission to consider the proposed Mitigated Negative Declaration and Project as required by Government Code Section 65353, 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, the City of Bakersfield Development Services Department (1715 Chester Avenue, Bakersfield, California} is the custodian of all documents and other materials upon which the environmental determination is based; and 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: 1. All required public notices have been given. The Project was circulated for a public review comment period from August 25, 2023, to September 25, 2023. 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, 1 0 days prior to the hearing, Page 1 of 2 2. The prov1s,ons 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: l. 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. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the 19th day of October 2023, on a motion by Commissioner Koman and seconded by Commissioner Nea!, by the following vote: AYES: NOES: ABSENT: BASHIRTASH, BITTLE, KOMAN, NEAL NONE CATER, KAUR Y ~HIRTASH, CHAIR Bakersfield Planning Commission Exhibits (attached]: Exhibit A: Mitigation Measures Exhibit B: Location Map LR: Page 2 of 2 EXHIBIT "A" MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 22-0337 AND PLANNED DEVELOPMENT REVIEW 23-0331 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 qualify control measures and rules required by the San Joaquin Valley Air Pollution Control District {SJVAPCD). The documentation shall specify that the Project has complied with the SJVAPCD's Indirect Source {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 take and requiring consultation with the United States Fish & Wildlife Service {USFWS) and/or California Deportment of Fish & Wildlife {CDFW) agency. If unauthorized take occurs, properly owners and developers shall take the necessary steps to ensure compliance with federal and state laws. 3. Prior to ground-disturbing activities during the nesting season for migratory birds that may nest on or near the site {generally February 1 through August 31 ), nesting bird surveys shall be required prior to the commencement of ground disturbance for project activities. If nesting birds are present, no new construction or ground disturbance shall occur within the appropriate avoidance area for that species until young have fledged, unless otheiwise approved and monitored by a qualified onsite biologist. Appropriate avoidance shall be determined by a qualified biologist. !n general, minimum avoidance zones for active nests shall be implemented as follows: 1) ground or low-shrub nesting non-raptors-300 feet (91 meters); 2} burrowing owl -as appropriate based on nest location, existing surrounding activity, and evaluation of owl behavior. Coordination with CDFW shall be required; 3) Sensitive raptors [e.g., prairie falcon, golden eagle)-0.5 miles (0.8 kilometers); 4) otherraptors-500 feet {152 meters). Cultural Resources Impact Mitigation Measures: 4. 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 Exhibit A GPA No. 22-0337 and PDR No. 23-0331 by a qualified cultural resources specialist. Documentation of pre-construction training shall be submitted to the Planning Department within 5 days of training completlon. 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 spedalist 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 shal! 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 pa!eontological resources are encountered during construction 9r ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified pa!eontological resource specialist can evaluate the find and make recommendations. If the spedalist 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 v1c1nity of the discovery site (within 50 feet) shaJ! not resume unti! the resource-appropriate measures are implemented or the materials are determined to be less than significant. Hazards and Hazardous Materials: 8. Prior to the issuance of a grading permit, the project proponent shall conduct a Phase 11 Limited Subsurface Assessment. If soil vapors exceed the California Office of Environmental Health Hazard Assessment California Human Health Screening Levels threshold of concern for risk to human health. If the soil vapors exceed the threshold, the applicant will implement mitigation methods required by the Department of Toxic Substances Centro! and the California Environmental Protection Agency's Vapor Intrusion Mitigation Advisory. 9. The idle oil well shall be abandoned and capped prior to issuance of a grading permit. Plugged and abandoned wells will require re-abandonment based on review by the California Department of Conservation Geologic Energy Management Division {CalGEM). All abandonment activities shall be consistent with applicable Ca!GEM regulations. 2 Exhibit A GPA No. 22~0337 and PDR No. 23~0331 10. During construction, if any unknown oil, gas, or injection wells are discovered or any known or unknown wells are damaged during work at the Project site, work /activity in the area shall be stopped and Ca!GEM shall be contacted ln order to evaluate the condition of the well. Traffic Impact Mitigation Measures: 11. Prior to the issuance of building permits, the project proponent 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. 3 GPA/IC 22-0337 PDR 23-0331 EXHIBIT B CITY OF BAKERSFIELD C-C/P.C.D.-PE C·C/P.C.D.-PE C·C./P.C.D.-PE C·C/P.C.D.-PE C-C/P.C.D.-PE WM-SU ,,. R-1 ~ WM-SU WM-SU WM-SU !:::: A-20A A-20A GPA/ZC 22-0337 & PDR 23-0331 LR to HMR R-1 to R-3/P.U.D. 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