HomeMy WebLinkAboutRes. No. 32-24 (GPA_ZC No. 23-0330)RESOLUTION NO. 32-24
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 NORTHWEST
CORNER OF ROSEDALE HIGHWAY AND SABLEWOOD
DRIVE (GPA/ZC NO. 23-0330).
WHEREAS, Swanson Engineering, Inc. (applicant), representing Leah Volkoff
(property owner), is requesting: (1) an amendment to the land use map designation of
the Metropolitan Bakersfield General Plan from OC (Office Commercial) to HR (High
Density Residential); and (2) an amendment to Title 17 of the Bakersfield Municipal Code
to change the Zone District from C-O/PCD (Commercial Office/ Planned Commercial
Development) to R-3 (Medium Density Multi-Unit Dwelling) on approximately 6.18 acres
generally located on the northwest corner of Rosedale Highway and Sablewood Drive.
(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, October 3, 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 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 Declaration 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 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. The MND was circulated for
public review between June 18, 2024, and July 17, 2024. 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 10 days prior to the hearing.
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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
3rd of October 2024, on a motion by Koman and seconded by Kaur, by the following
vote.
AYES:
ABSENT:
Bittle, Kaur, Koman, Neal, Strickland
Bashirtash, Cater
Exhibits (attached):
Exhibit A: Mitigation Measures
Exhibit B: Location Map
APPROVED
rOll--Adam Strickland, VICE-CHAIR
City of Bakersfield Planning Commission
Page 2 of 2
EXHIBIT "A"
MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 23-0330
Air Quality Impact Mitigation Measures:
l. 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 9510).
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
biologist") 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 l through August 31 ), and potential burrowing owl burrows are
present within the Project footprint, avoidance measures shall be implemented. In 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 least 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 7050.5(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 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.
GP A/Z C 23-0330
EXHIBIT B
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