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Home My WebLink AboutRes. No. 35-24 (ZC No. 22-0025)RESOLUTION NO. 35-24 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR ZONE CHANGE LOCATED AT 75 EAST WHITE LANE & 2572 SOUTH UNION AVENUE (ZC NO. 22-0025). WHEREAS, Swanson Engineering, Inc. (applicant) on behalf of FBT, Inc. (property owner), is requesting an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from M-3 (Heavy Manufacturing) to M-2 (General Manufacturing) on approximately 69-acres located at 75 East White Lane & 2572 South Union Avenue, 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, 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 1 7 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, 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. Page 1 of 2 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: l. 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 iAs ...> r\i\,; Adam Strickland, VICE-CHAIR City of Bakersfield Planning Commission By: VM/S:\ 15_Zone Change\01 _Active\2022\22-0025 (75 E. White & 2572 S. Union) \01 _Hearing & Noticing Documents\Draft\PC\PC RES ENV.Docx Page 2 of 2 EXHIBIT A MITIGATION MEASURES ZONE CHANGE NO. 22-0025 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. 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 and/or construction activities, the applicant/developer shall consult with the 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). Geology and Soils, Cultural Resources, and Tribal Resources Impacts Mitigation Measures: 3. 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. 4. During construction, if paleontological or cultural resources are encOl,mtered 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 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. 5. 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 America.n 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.S(c) shall guide Native American consultation. Traffic Impact Mitigation Measures: 6. Prior to the issuance of building permits, the project applicant shall participate in the By VM/S:\15_Zone Change\01_Active\2022\22-0025 (75 E. White & 2572 S. Union)\01_Hearing & Noticing Documents\Draft\PC\ExhA Mitigation_75 E. White Ln.docx Exhibit "A" Mitigation Measures Zone Change No. 22-0025 Page 2 of 2 Regional Transportation Impact Fee {RTIF) program by paying the adopted fees in place for the land use type at the time of development. R-1 ZONE CHANGE 22-0025 CITY OF BAKERSFIELD (,) i 0=0 c::::'-~----1 M-1 ~ i"" . r:::~~---·· M-1 -··-··-··~ r•-■--■--■-- I M-1 z 0 z :::, ■--■-;~~ ■--■-l! ~iR-31 R-1 I 0::::. . i CJOlJN-TiYi r·-··-··-··-··-·· • CITY i M-3 e~--:EHE.fQ C-2 M-1 R-1 R-1 M-f M-3 R-S z 0\1 ~I 0 <( ::E R-S-2.SA M-1 ;~. "1~ •• ~. •,.. 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R-1 :'£· R-1 ~; R-1 111 a: I R-S 111 R-S 'a:i' LEGEND (ZONE DISTRICTS) R-1 One Family Dwelling 6,000 sq.fl. min lot size R-1-4.5 One family Dwelling 4,500 sq.ft. min lot size E Estote t 0,000 sq.ft. min lot size R-S Residential Suburban 14,000 sq.lt./dwelling unit R-S{ ) Residential Suburban t, 1.5, 5 or 10 min lot size R-2 Limited Multiple family Dwelling 4,500 sq.fl. 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.It. min lot size 1,150 sq.fl. lot area/dwelling unit R-4 High Density Multiple family Dwelling 6,000 sq.fl. min lot size 600 sq.ft. lot area/dwelling unit R-H Residential Holding 20 oue min lot size A Agriculture 6,000 sq.It. min lot size A-10A Agriculture 20 ocre min lot size PUD Planned Unit Development TT Travel Trailer Pork MH Mobilehome (-0 Professional ond Administrative Office C-1 tleighborhood Commercial C-1 Regional Commercial (.( (ommeuiol (enter (-8 Central Business PCD Planned Commercial Development M-t Light Manufacturing M-2 General Monufocturing M-3 Heavy Industrial P Automobile Parking RE Recreation Ch Church Overlay OS Open lpoce HOIP Hospital Overlay AO Architectural Design Overlay fp.p Floodplain Primary FP-1 floodplain lerondory AA Airport Approach DI Drilling Island PE Petroleum Extraction Combining S( Senior (ilizen Overlay HD Hillside Development Combining WM· West Ming Specific Pion ~ BAKERSFIELD t Feet 0 500 1,000 HAP PACKAGES