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