HomeMy WebLinkAboutRES NO 176-2023RESOLUTION NO. 1 7 6— 2 0 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 NORTHEAST CORNER OF SOUTH ALLEN
ROAD AND PENSINGER ROAD (GPA/ZC NO. 22-0337; PDR NO. 23-
0331).
WHEREAS, McIntosh 8, Associates (applicant) on behalf of The Piper Trust (property
owner) is requesting a General Plan Amendment (GPA) and Zone Change (ZC) on
approximately 80 acres located at the northeast corner of South Allen Road and
Pensinger Road. The request includes: (1) 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); (2) 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); and (3)
approve Development Review 23-0331; 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 August 25 to September 25, 2023, in accordance with CEQA;
and
WHEREAS, the Planning Commission held a public hearing on October 19, 2023
with one person providing testimony in opposition to the project; and
WHEREAS, the Planning Commission approved Resolution No. 75-23, which
recommended that the City Council adopt a Mitigated Negative Declaration for the
Project; and
WHEREAS, the Clerk of the City Council set Wednesday, November 29, 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
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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:
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 City Council as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 75-23
are hereby adopted.
3. The Mitigated Negative Declaration for the Project is hereby subject to the
mitigation measures found in Exhibit A for the Project located on the map
as shown in Exhibit B, both of which are incorporated herein.
�•TITO�11
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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 29th day of
November 2023, by the following vote: NOV 2 9 2023
NOES:
ABSTAIN
ABSENT:
COUNCILMEMBER: ARIAS, GONZALES, 41R, SMITH, FREEMAN, GiAY, KAUR
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
JU IE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: NOV 2 9 2023
By '�--IACXA4A�n4l
KAR GOH
Mayor
APROVED AS TO FORM
VIRGINIA GENNARO, City Attorney
By:
VI IDIANA GA LARDO-KING
Deputy City Attorney
Exhibit: A Mitigation Measures
B Location Map
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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 quality 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 Department of Fish &
Wildlife (CDFW) agency. If unauthorized take occurs, property 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 otherwise
approved and monitored by a qualified onsite biologist. Appropriate avoidance shall be
determined by a qualified biologist. In 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) other raptors - 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
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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 completion.
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 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.
Hazards and Hazardous Materials:
8. Prior to the issuance of a grading permit, the project proponent shall conduct a Phase II
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 Control 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 (CaIGEM). All
abandonment activities shall be consistent with applicable CaIGEM regulations.
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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 CaIGEM shall be contacted in 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.
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C
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r-Q
GPA/ZC 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
WM-SU
WM-SU WM-SU WM-SU WM-SU
A-2oA A-zoA
JGPA/ZC 22-0337 & PDR 23-0331I
LR to HMR
R-1 to R-3/P.U.D.
A-2oA
A-zoA
R-1
R-i
R-a o R-i
MA(LURE OR HOLABIRD A'
q o _
7C C-C/P.C.D.-PE R-1
R-i R-a. a KOENIG z
_ R-1 _ WAY 3
o HAWKSMOORST v N R-1 GOODHUE
LEGEND
(ZONE DISTRICTS)
R-1 One Family Dwelling
6,000 sq.ft. min lot size
R-1-4.5 One Family Dwelling
4,500 sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
24,000 sq.ft./dwelling unit
R-S{ ) Residential Suburban
1, 2.5, 5 or 10 min lot size
R-2 Limited Multiple family Dwelling
4,500 sq.ft. min lot size (single family)
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.ft. min lot size
600 sq.ft. lot area/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agriculture
20 acre min lot size
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-0 Professional and Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C-C Commercial (enter
C-B Central Business
PCD Planned Commercial Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP-P Floodplain Primary
FP-S Floodplain Secondary
AA Airport Approach
Of Drilling Island
PE Petroleum Extraction Combining
SC Senior (itizen Overlay
HD Hillside Development Combining
WM- West Ming Specific Plan
0
BAKERSFIELD
I
Feet
0 300 600
10/3/2023