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Home My WebLink AboutRes. No. 81-23 (GPA-ZC 23-0012)RESOLUTION NO. 81-23 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE LAND USE MAP AND ZONE CHANGE, GENERALLY LOCATED ON THE SOUTHSIDE OF WILSON ROAD BETWEEN EDMONTON STREET AND ACTIS STREET (GPA/ZC NO. 23-0012). WHEREAS, Wiley D. Hughes Surveying, Inc. (applicant), representing Rami Fahil (property owner), is requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from GC (General Commercial) and LR (Low Density Residential) to HMR (High Medium Residential) and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1 (Single Family Dwelling Zone)· to R-3 (Multiple-Family Dwelling Zone) on approximately 5.65 acres generally located on the southside of Wilson Road between Edmonton Street and Actis 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 Secretary of the Planning Commission set Thursday, November 2, 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 Notice of Exemptions 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: I. All required public notices have been given. The MND was circulated for public review between September I, 2023, and October 2, 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, l O days prior to the hearing. Page I of 2 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: 1. 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 2nd of November 2023, on a motion by Commissioner Neal and seconded by Commissioner Kaur, by the following vote. AYES: NOES: Bashirtash, Bittle, Kaur, Neal None ABSENT: Cater, Koman Exhibits (attached): Exhibit A: Mitigation Measures Exhibit B: Location Map APPROVED ary Bashirtash, CHAIR of Bakersfield Planning Commission Page 2 of 2 EXHIBIT "A" MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 23-0012 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 951 OJ. 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 biologist11) 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. ln 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. 4. The reconnaissance-level survey performed by Soar Environmental Consulting Biological Resource Assessment 2023 requires mitigation measures for the Western Mastiff Bat roost detected in trees as follows: • Prioritize limbs without roost features such as crevices and cavities to be trimmed first to encourage bats to vacate roost features. • Create noise and vibration disturbance on the tree such as concussive hitting with equipment and/or chainsaw cutting for at !east two minutes before working areas with roost features. • Where feasible, carefully cut successive sections above the cavity to open it, waiting up to ten minutes in between each cut, and inspect to assess if cavity is empty or allow any bats inside to crawl or fly out. • Where feasible, leave large limbs with roost features on the ground overnight to allow remaining bats to vacate. For Western Mastiff Bat roost detected in building: • Avoid activities during maternity roosting between April and August. Cultural Resources Impact Mitigation Measures: 5.. 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. 6. 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. 7. 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.S(c) shall guide Native American consultation. Paleontological Resources Mitigation Measures: 8. 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 paleonto!ogical resource specialist can evaluate the find and make recommendations. Jf 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. 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