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HomeMy WebLinkAboutRes. No. 84-23 (SPR 21-0173)RESOLUTION NO. 84-23 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR A TRUCK REPAIR/OVERHAUL SHOP AND TRUCK STORAGE YARD ON APPROXIMATELY 9 ACRES IN A M-2 (GENERAL MANUFACTURING) ZONE DISTRICT, LOCATED ON THE EAST SIDE OF QUANTICO AVENUE BETWEEN TEXAS STREET AND EAST BRUNDAGE LANE (SPR 21-0173). WHEREAS, Sienna Construction (applicant) is requesting the adoption of a Mitigated Negative Declaration (MND) for a Site Plan Review to develop a truck repair/overhaul shop and truck storage yard on approximately 9 acres in a M-2 (General Manufacturing) zone district, located on the east side of Quantico Avenue between Texas Street and East Brundage Lane (the "Project"); and WHEREAS, it was determined that the Project would not have a significant effect on the environment with the incorporation of mitigation and standard conditions of approval; 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 City Council Chambers, City Hall South. 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 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's CEQA Implementation Procedures have been duly followed by City staff and the Planning Commission: and WHEREAS, at the public hearing no testimony was received either in support or opposition of the Project; and WHEREAS, the City of Bakersfield Development Services Department (1715 Chester A venue, 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. 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. 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. A Mitigated Negative Declaration was prepared and properly noticed for public review. 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 adopted by the Planning Commission. 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. 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 2°d of November 2023, on a motion by Commissioner Neal and seconded by Commissioner Kaur, by the following vote. AYES: NOES: ABSENT: Exhibits: Bashirtash, Bittle, Kaur, Neal None Cdter, Koman APPROVED A. B. Mitigation Measures Location Map RY BASHIRTASH, CHAIR f Bakersfield Planning Commission EE I S:\Ol __ Plonn!ng Commission\ 1 Resolutions\11-2-23\MND_SPR 21-0173\MND_SPR 21-0173_Resolulion.docx EXHIBIT "A" MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION FOR SITE PLAN REVIEW NO. 21-0173 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. 2. Prior to grading plan approval, the applicant/developer shall submit proof to the Planning Division that they hove complied with the San Joaquin Valley Air Pollution Control District's Indirect Source Rule (Rule 9510). Biological Resources Impact Mitigation Measures: 3. Prior to ground disturbance and/or construction activities, the applicant/developer shall consult with and follow all California Department of Fish and Wildlife and United States Fish and Wildlife Service requirements related to the listed plant and animal species protected under the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA). Applicant/developer shall have a qualified professional conduct and prepare a biological resource clearance survey no less than 14 days and no more than 30 days prior to the beginning of ground disturbance and/or construction activities for the detection of listed, or otherwise special-status species, likely to be impacted by any project related activity. a. If known or natal dens are detected during the survey, protective measures enumerated in the USFWS Standardized Recommendations for Protection of Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011) shot! be initiated. If the identified dens are unavoidable, pursuant to the guidelines, the CDFW and USFWS shall be contacted for additional guidance and take authorization. b. If Bakersfield cactus is identified during the survey, the CDFW shall be contacted for guidance concerning the feasibil!ty of translocation. c. The survey or separate su1Vey shall include a focus on the burrowing owl. The survey shall follow the methodology developed by the California Burrowing Owl Consortium (CBOC 1993). 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 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. 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 findings and make recommendations. Jf the specialist 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 shall be submitted to the California Historical Resources Information System's Southern San Joaquin Valley Information Center at California State University Bakersfield. SPR 21-0173 Page I 2of2 6. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to Ca!ifornfa 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© shall guide Native American consultation. Traffic Impact Mitigation Measures: 7. 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. SPR 21-0173 r OMARKCT CD Zoning rn APN 142-230-13 <::. Industrial Zone Designations ~ g- CASO 0-? 1<" 11-1 light Manufac1uring CITY OF BAKERSFIELD I ~ ALLOWAY A'Jr. § LN M-2 General " I QQ;--llanufacluring ~ Cl: DORRANCE S, o" 0 ~I--Residential Zone Designations :1:Jw <( 1 Gj -' ~ (/)~ _, g-R-2 limited Multiple w Q ~ ::J R-2 R-2 '(' (r C Family Dwelling Zane . I :c 0 iif 12' 0 _, r ~ ~ unit/1,500 sq. fl. ::J VISTA MESA DR s I-N (/) 0 Cl. 2 u _, <( w ::;: 0 w (/) M-1 M-1 VALPARISO WAY ~ I '---.. .. . I TEXAS ST CHARLIE AVE M.2 M -2 w I I ~ BERGQUIST AVE 0 I M-2 M-2 (.) M-2 M-2 M-2 j:: M-2 j z ~ ::::, 0 I M-2 M-2 M-2 I M-2 M-2 M-2 M-2 M-2 II Exhibit "B" ::Bftrmrl~r<,j I 0 BAKERSFIELD t M-2 I Feet M-2 M-2 M-2 M-2 M-2 0 200 400 9/13/2023