Loading...
HomeMy WebLinkAboutRes. No. 11-24 (ZC No. 23-0287)RESOLUTION NO. 11-24 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR A ZONE CHANGE LOCATED NEAR THE NORTHWEST OF PANAMA LANE AND OLD RIVER ROAD. (ZC NO. 23-0287). WHEREAS, McIntosh and Associates for Old River Properties, LLC, filed an application with the City of Bakersfield Development Services Department requesting an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1 (One-Family Dwelling) to R-2/PUD (Limited Multiple-Family Dwelling/Planned Unit Development) on 20.56 acres located near the northwest of Panama Lane and Old River Road, as shown on attached Exhibit "B", (the "Project"); and WHEREAS, an initial study was conducted and it was determined that the Project would not have a significant effect on the environment; therefore, a Negative Declaration with mitigation measures was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the Secretary of the Planning Commission set Thursday, April 4, 2024, 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, 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 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 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, initial study, and special studies, 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, at least 20 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 and an initial study Page 1 of 2 was completed. A Mitigated Negative Declaration was prepared and properly noticed for public review (SCH No. 2024010882). 3. A Mitigated Negative Declaration for the Project is the appropriate environmental document to accompany its approval. In accordance with CEQA, staff prepared an initial study and indicated that because mitigation measures relating to those impacts identified in the initial study have been incorporated into the Project, 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 Thursday, April 4, 2024, on a motion by Commissioner Koman and seconded by Commissioner Kaur, by the following vote. AYES: Cater, Bittle, Kaur, Koman, Neal, Strickland ABSENT: Bashirtash Exhibits {attached}: Exhibit A: Mitigation Measures Exhibit B: Location Map APPROVED lt-te=- oa'ni~ICater, VICE-CHAIR City of Bakersfield Planning Commission By: CC\S:\ 1 S_Zone Change \01 ..,Active\2023\23-60000287_6201 Old River Rd\0 1 _Hearing & Noticing Documents\Draft\PC RES ENV _6201 Old River.docx Page 2 of 2 EXHIBIT A MITIGATION MEASURES ZONE CHANGE NO. 23-0287 Biological Resources Impact Mitigation Measures: 1. Prior to of ground disturbance and/or construction activities, applicant/developer shall consult with and follow all California Department of Fish and Wildlife and United States Fish and Wildlife Service requirements related to listed plant and animal species protected under the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA). 2. Applicant/developer shall have a qualified professional conduct and prepare a biological resource pre-activity survey no more than 30 days prior to the beginning of ground disturbance and/or construction activities; biological resource monitoring during each initial phase of ground disturbance; compliance reporting provided to the required oversight agencies for all biological resource field surveys, monitoring, and additional tasks as warranted for the detection of listed, or otherwise special-status species, likely to be impacted by any project related activity. 2.1 If known or natal dens are detected during the survey, protective measures enumerated in the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011) shall 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. 2.2 The project is within the historic range of Tipton kangaroo rat. The project was not included in the southwest focus area for the species in the previous habitat conservation plan. The most recent habitat suitability modeling (Cypher 2020) does not include the project in any of the four tiers enumerated for suitability. Trapping would be required to confirm small mammal species occupying the project. 2.3 If ground-disturbing activities are planned during the nesting season for migratory birds that may nest on or near the site (generally February l through August 31 ), nesting bird surveys are recommended prior to the commencement of ground disturbance for project activities. If nesting birds are present, no new construction or ground disturbance should occur within an appropriate avoidance area for that species until young have fledged, unless otherwise approved and monitored by a qualified onsite biologist. Appropriate avoidance should be determined by a qualified biologist. In general, minimum avoidance zones for active nests should be implemented as follows: l) 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 may be warranted. 3) other raptors -500 feet ( 152 meters). By CC/S:\15_Zone Change\01_Active\2023\23-60000287_6201 Old River Rd/01_Hearging & Noticing Documents/Drafts/PC\MM_6201 Old River Exhibit "A" Mitigation Measures Zone Change 23-0287 Page 2 of 2 Tribal and Cultural Resources Impact Mitigation Measures: 3. During construction, if archaeological resources are encountered during the course of construction, a qualified archaeologist should be consulted for further evaluation. 4. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. and Public Resources Code Sections 5097.94, 5097.98 and 5097.99. Traffic/Circulation Impact Mitigation Measures 5. Prior to issuance of building permits, the applicant/developer shall pay the Regional Transportation Impact Fee Program. zc 23-0287 EXHIBIT B CITY OF BAKERSFIELD R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 METROPOLITAN IYAY R-1 R-1 R-1 R-1 = "" ~ > '"' ~ 0 C-2 C-2 C-2 C-2 C-2 C-2 PANAMA LN R-1 R-1 METROPOLITAN WAY R-1 R-2 R-2 R-1 EMPIRE STAIE DR C-2/P.C.D. C-2/P.C.D. R-1 0 LEGEND (ZONE DISTRICTS) R-1 One family Dwelling 6,000 sq.ft. min lot size R.J.4.5 One family Dwelling 4,5DO sq.ft. min lot size EEstate I 0,000 sq.ft. min lat size R-1 Residential Suburban 24,000 sq.ft./dwelling unit R-S-{ ) Residential Suburban I, 2.5, 5 or 10 min lat size R-2 limited Multiple family Dwelling 4,500 sq.ft. min lot size (single family) 6,000 sq.fl. min lat size (multifamily) 2,500 sq.fl. lot area/dwelling unit R-3 Multiple family Dwelling 6,000 sq.fl. min lat size 1,250 sq.fl. lat area/dwelling unit R-4 High Density Multiple family Dwelling 6,000 sq.ft. min lot size 600 sq.ft. lat area/dwelling unit R-H Residential Holding 20 ocre min lot size A Agriculture 6,000 sq.fl. min lot size A-20A Agriculture 20 ocre min lot size PUD Planned Unit Development Tl Travel Trailer Park MH Mobilehome C-0 Professional and Administrative Office C-1 Neighborhood Commercial C-2 Regional Commercial C-( Commercial Center (-8 Central Business PCD Planned Commercial Development M-1 lightMonufocturing M-2 General Manufacturing M-3 Heavy lndustriol PAutomabileParking RE Recreation Ch Church Overlay 01 Open lpoce HOSP Hospital Overlay AD Architectural Design Overloy fP-P floodplain Primary FP-S Floodplain Secondary AA Airport Approach DI Drilling Island PE Petroleum Extraction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM-West Ming Specific Plan 0 BAKERSFIELD t Feet 150 4/5/2024 300