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HomeMy WebLinkAboutRES NO 177-2024RESOLUTION NO. RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT 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), -filed an application with. the City of Bakersfield Development Services Department 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, shown in attached Exhibit "B", (the "Project"); and WHEREAS, on Thursday, October 3, 2024, the Planning Commission recommended adoption of a Mitigated Negative Declaration for the Project; and WHEREAS, the Clerk of the City Council set Wednesday, November 20, 2024 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place before the City Council to consider the proposed Negative Declaration; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Negative _Declaration and the Planning Commission's deliberation, and action. 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. 35-24 are hereby adopted. 3. The Mitigated Negative Declaration for the Project is hereby adopted subject to the mitigation measures in Exhibit "A" for the Project located on the map as shown in Exhibit B, both of which are incorporated herein. --------- 000 -------- Page 1 of 2 1 HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on NOV 2 0 2024 by the following vote: V ✓ I- v ✓ - �AYES� COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, -ERE i , GRAY, KAUR NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER �ABSE COUNCILMEMBER J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: NOV 2 0 2024 By KAREN GOIH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By:/� 3 "C VIRIDIANA GAill.ARDO-KING Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By: _\ ®AK$: Page 2. of 2 a I- M 'ORIGINAL Cr EXHIBIT A MITIGATION MEASURES ZONE CHANGE NO. 22-0025 Air Quality Impact Mitigation Measures: 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 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 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 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. Traffic Impact Mitigation Measures: 6. Prior to the issuance of building permits, the project applicant shall participate in the By VM/S:115 Zone Change101_Active12022122-0025 (75 E. White & 2572 S. Union)101_Hearing & Noticing DocumentslDraftlPClExhA y Mitigation 75 E. White Ln.docx e30RBGRNP.! 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.