HomeMy WebLinkAboutRES NO 056-13RESOLUTION NO.
056-13
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
NEGATIVE DECLARATION FOR AN AMENDMENT TO THE LAND USE
MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL
PLAN AND ZONE CHANGE LOCATED ON THE NORTHEAST CORNER OF
STOCKDALE HIGHWAY AND COFFEE ROAD. (GPA /ZC NO. 12-0469).
WHEREAS, Quad Knopf, Inc. for GC Investments, filed an application with the City of
Bakersfield Community Development Department requesting an amendment to the land
use map designation of the Metropolitan Bakersfield General Plan from HR (High Density
Residential) to OC (Office Commercial) and to change the zone district from R -3 (Multiple
Family Dwelling) and R -2 (Limited Multiple Family Dwelling) to C -O (Professional and
Administrative Office) on 14.76 acres located on the northeast corner of Stockdale Highway
and Coffee Road (the "Project "); and
WHEREAS, the City Council adopts a Negative Declarationfor the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, May 15, 2013 at 5:15 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 City Council to considerthe proposed Negative
Declaration as required by Government Code Section 65355, and notice of the public
hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; 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 RESOLVEDby the Bakersfield City Council as follows:
1. The Planning Commission's findings as contained in its Resolution No. 07 -13 are
hereby adopted.
2. The 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
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ORIGINAL,
HEREBY CERTIFY that the foregoing Resolution was passe on 5qdopted by the
Council of the City of Bakersfield at a regular meeting held on AA1l LLUU��ff
by the following vote:
AYE
COUNCILMEMBER
S:
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
MAY 15 2013
APPROVED
HARVEY L-HALL
MAYOR of the City of Bakersfiel
APPROVED as to form:
VIRGINIA GENNARO
City Att ney
By: — —
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
A�" '4�" -
ROBERTA GAFFORD, CM Cy fl
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
By: CG \ S: \GPAs \GPA 1 st 2013\ 1 2-0469\Reso Ord\RES ENV CC Resolution 120469.doc
Page 2 of 2
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ORIGINAL
Exhibit A
Mitigation Measures
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ORIGINAL
Exhibit A
MITIGATION MEASURES FROM NEGATIVE DECLARATION
General Plan Amendment /Zone Change No. 12 -0469
Air Quality and Green House Gas Mitigation Measures
1. The proposed project will have air pollutant and greenhouse gas emissions associated
with the construction and use of the project site. Prior to grading plan approval, the
applicant /developer of the project site shall submit documentation to the Planning
Department that they will /have met all air quality control measures and rules required by
the San Joaquin Valley Air Pollution Control District.
Mitigation for Air Quality and GHG impacts.
2. To ensure that project emissions are minimized, the applicant will implement and comply
with a number of mitigation measures. The following measures either have been applied
to the project through the CalEEMOD model and will be incorporated into the project by
design or will be implemented in conjunction with SJVAPCD rules:
Planned PM 10 Mitigation Measures
As the project will be completed in compliance with SJVAPCD Regulation VIII, dust
control measures will be taken to ensure compliance specifically during grading and
construction phases. The mitigation measures to be taken are as follows:
a. Water previously exposed surfaces (soil) whenever visible dust is capable of drifting
from the site or approaches 20% opacity.
b. Water all unpaved haul roads a minimum of three - times /day or whenever visible dust
from such roads is capable of drifting from the site or approaches 20% opacity.
c. Reduce speed on unpaved roads to less than 15 miles per hour.
d. Install and maintain a track out control device that meets the specifications of
SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20
vehicle trips per day by vehicles with three or more axles.
e. Stabilize all disturbed areas, including storage piles, which are not being actively
utilized for production purposes using water, chemical stabilizers or by covering with a
tarp or other suitable cover.
f. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation,
leveling, grading, or cut and fill operations with application of water or by presoaking.
g. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and
cover or effectively wet to limit visible dust emissions.
h. Limit and remove the accumulation of mud and /or dirt from adjacent public
roadways at the end of each workday. (Use of dry rotary brushes is prohibited except
when preceded or accompanied by sufficient wetting to limit visible dust emissions
and use of blowers is expressly forbidden).
i. Stabilize the surface of storage piles following the addition or removal of materials
using water or chemical stabilizer /suppressants.
j. Remove visible track -out from the site at the end of each workday.
k. Cease grading or other activities that cause excessive (greater than 20% opacity) dust
formation during periods of high winds (greater than 20 mph over a one -hour period).
Mitigation for Air Quality and GHG impacts.
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Page 1 of 7 ORIGINAL
EXHIBIT A
Mitigation Measures
GPA /ZC No. 12 -0469
3. Measures to Reduce Equipment Exhaust
The GAMAQI guidance document lists the following measures as approved and
recommended for construction activities. These measures should be required to ensure
that the proposed project emissions are not exceeded:
a. Maintain all construction equipment as recommended by manufacturer manuals.
b. Shut down equipment when not in use for extended periods.
c. Construction equipment shall operate no longer than eight (8) cumulative hours per
day.
d. Use electric equipment for construction whenever possible in lieu of diesel or gasoline
powered equipment.
e. Curtail use of high- emitting construction equipment during periods of high or excessive
ambient pollutant concentrations.
f. All construction vehicles shall be equipped with proper emissions control equipment
and kept in good and proper running order to substantially reduce NOx emissions.
g. On -Road and Off -Road diesel equipment shall use diesel particulate filters if permitted
under manufacturer's guidelines.
h. On -Road and Off -Road diesel equipment shall use cooled exhaust gas recirculation
(EGR) if permitted under manufacturer's guidelines.
i. All construction workers shall be encouraged to shuttle (car -pool) to retail
establishments or to remain on -site during lunch breaks.
j. All construction activities within the project area shall be discontinued during the first
stage smog alerts.
k. Construction and grading activities shall not be allowed during first stage ozone alerts.
First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1 -hour
average).
Mitigation for Air Quality and GHG impacts.
4. The following mitigation measures are recommended to further reduce the potential for
long -term emissions from the project. These measures will be required to ensure that the
proposed project emissions are not exceeded:
a. The project design shall comply with applicable standards set forth in Title 24 of the
Uniform Building Code to minimize total consumption of energy.
b. Applicants shall be required to comply with applicable mitigation measures in the Air
Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and
Indirect Source Rules for the SJVAPCD.
c. The developer shall comply with the provisions of SJVAPCD Rule 4601 - Architectural
Coatings, during the construction of all buildings and facilities. Application of
architectural coatings shall be completed in a manner that poses the least emissions
impacts whenever such application is deemed proficient.
d. The applicant shall comply with the provisions of SJVAPCD Rule 4641 during the
construction and pavement of all roads and parking areas within the project area.
Specifically, the applicant shall not allow the use of:
i. Rapid cure cutback asphalt;
ii. Medium cure cutback asphalt; gAKF
iii. Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3);
Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4).
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Page 2 of 7 ORIGINAL
EXHIBIT A
Mitigation Measures
GPA /ZC No. 12 -0469
iv. The developer shall comply with applicable provisions of SJVAPCD Rule 9510 (ISR).
Mitigation for Air Quality and GHG impacts.
Biological Impact Mitigation Measures
5. Pre - construction surveys shall be performed on the project site in areas where there is a
potential for nesting raptors and nesting migratory birds to occur if construction occurs
during the breeding season (loosely defined as February 15 to August 15). These include
all areas of the project site that contain or are within 500 feet of power poles or trees that
are suitable for the establishment of raptor nests. These areas should also include the non-
native annual grassland habitat, which potentially provides breeding habitat for ground -
nesting birds such northern harriers, horned larks, and other migratory ground- nesting
birds. The pre- construction survey shall be performed within 14 days of construction to
identify active nests and mark those nests for avoidance. During the nesting period,
raptor nests shall be avoided by 500 feet and all other migratory bird nests should be
avoided by 250 feet.
Mitigation for Biological Resource Impacts.
6. Because the San Joaquin kit fox occurs on the site, the USFWS Standardized
Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground
Disturbance shall be followed. The measures that are listed below have been excerpted
from those guidelines and will protect the San Joaquin kit fox from direct mortality and
from destruction of active dens and natal or pupping dens. The Lead Agency or
Designee shall determine the applicability of the following measures depending on
specific construction activities and shall implement such measures when required.
a. Pre - construction surveys shall be conducted no fewer than 14 days and no more than
30 days prior to the beginning of ground disturbance and /or construction activities, or
any project activity likely to impact the San Joaquin kit fox or American badger.
Exclusion zones shall be placed in accordance with USFWS Recommendations using
the followina-
Potential Den
50 foot radius
Known Den
100 foot radius
Natal /Pupping Den (Occupied
and Unoccupied)
Contact U.S. Fish and Wildlife Service
for guidance
Atypical Den
50 foot radius
If dens must be removed, they must be appropriately monitored and excavated by a
trained wildlife biologist. Replacement dens will be required. Destruction of natal dens
and other "known" kit fox dens must not occur until authorized by USFWS.
b. Project - related vehicles should observe a daytime speed limit of 20 -mph throughout
the site in all project sites, except on county roads and State and Federal highways;
this is particularly important at night when kit foxes are most active. Night -time
construction should be minimized to the extent possible. However if it does occur, then
the speed limit should be reduced to 10 -mph. Off -road traffic outside of designated
project sites should be prohibited.
c. To prevent inadvertent entrapment of kit foxes or other animals during the
construction phase of a project, all excavated, steep - walled holes or trenches mod OAK -9
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Page 3 of 7 ORIGINAL,
EXHIBIT A
Mitigation Measures
GPA /ZC No. 12 -0469
than 2 -feet deep should be covered at the close of each working day by plywood or
similar materials. If the trenches cannot be closed, one or more escape ramps
constructed of earthen -fill or wooden planks shall be installed. Before such holes or
trenches are filled, they should be thoroughly inspected for trapped animals. If at any
time a trapped or injured kit fox is discovered, the Service and the California
Department of Fish and Wildlife (CDFW) shall be contacted as noted below.
d. Kit foxes are attracted to den -like structures such as pipes and may enter stored pipes
and become trapped or injured. All construction pipes, culverts, or similar structures
with a diameter of 4- inches or greater that are stored at a construction site for one or
more overnight periods should be thoroughly inspected for kit foxes before the pipe is
subsequently buried, capped, or otherwise used or moved in any way. If a kit fox is
discovered inside a pipe, that section of pipe should not be moved until the Service
has been consulted. If necessary, and under the direct supervision of the biologist, the
pipe may be moved only once to remove it from the path of construction activity,
until the fox has escaped.
e. All food - related trash items such as wrappers, cans, bottles, and food scraps should be
disposed of in securely closed containers and removed at least once a week from a
construction or project site.
f. No firearms shall be allowed on the project site.
g. No pets, such as dogs or cats, should be permitted on the project site to prevent
harassment, mortality of kit foxes, or destruction of dens.
h. Use of rodenticides and herbicides in project sites should be restricted. This is necessary
to prevent primary or secondary poisoning of kit foxes and the depletion of prey
populations on which they depend. All uses of such compounds should observe label
and other restrictions mandated by the U.S. Environmental Protection Agency,
California Department of Food and Agriculture, and other State and Federal
legislation, as well as additional project - related restrictions deemed necessary by the
Service. If rodent control must be conducted, zinc phosphide should be used because
of a proven lower risk to kit fox.
i. A representative shall be appointed by the project proponent who will be the contact
source for any employee or contractor who might inadvertently kill or injure a kit fox or
who finds a dead, injured or entrapped kit fox. The representative will be identified
during the employee education program and their name and telephone number shall
be provided to the Service.
j. An employee education program should be conducted for any project that has
anticipated impacts to kit fox or other endangered species. The program should
consist of a brief presentation by persons knowledgeable in kit fox biology and
legislative protection to explain endangered species concerns to contractors, their
employees, and military and /or agency personnel involved in the project. The
program should include the following: A description of the San Joaquin kit fox and its
habitat needs; a report of the occurrence of kit fox in the project site; an explanation
of the status of the species and its protection under the Endangered Species Act; and
a list of measures being taken to reduce impacts to the species during project
construction and implementation. A fact sheet conveying this information should q%AKF�
prepared for distribution to the previously referenced people and anyone else wRo
may enter the project site. o
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Page 4 of 7
EXHIBIT A
Mitigation Measures
GPA /ZC No. 12 -0469
k. Upon completion of the project, all areas subject to temporary ground disturbances,
including storage and staging areas, temporary roads, pipeline corridors, etc. should
be re- contoured if necessary, and revegetated to promote restoration of the area to
pre - project conditions. An area subject to "temporary" disturbance means any area
that is disturbed during the project, but after project completion will not be subject to
further disturbance and has the potential to be revegetated. Appropriate methods
and plant species used to revegetate such areas should be determined on a site
specific basis in consultation with the Service, California Department of Fish and
Wildlife (CDFW), and revegetation experts.
I. In the case of trapped animals, escape ramps or structures should be installed
immediately to allow the animal(s) to escape, or the Service should be contacted for
guidance.
m. Any contractor, employee, or military or agency personnel who are responsible for
inadvertently killing or injuring a San Joaquin kit fox shall immediately report the
incident to their representative. This representative shall contact the CDFW
immediately in the case of a dead, injured or entrapped kit fox. The CDFW contact for
immediate assistance is State Dispatch at (916)445 -0045.
n. The Sacramento Fish and Wildlife Office and CDFW shall be notified in writing within
three working days of the accidental death or injury to a San Joaquin kit fox during
project related activities. Notification must include the date, time, and location of the
incident or of the finding of a dead or injured animal and any other pertinent
information.
o. New sightings of kit fox shall be reported to the California Natural Diversity Database
(CNDDB). A copy of the reporting form and a topographic map clearly marked with
the location of where the kit fox was observed should also be provided to the Service
at the address below. Any project - related information required by the Service or
questions concerning the above conditions or their implementation may be directed
in writing to the U.S. Fish and Wildlife Service at: Endangered Species Division, 2800
Cottage Way, Suite W2605, Sacramento, California 95825 -1846 (916) 414 -6620 or (916)
414 -6600
Mitigation for Biological Resource Impacts.
7. Standard measures for the protection of burrowing owls provided in the Burrowing Owl
Consortium's April 1995 Burrowing Owl Survey Protocol and Mitigation Guidelines and the
CDFW's March 7, 2012 Staff Report on Burrowing Owl Mitigation shall be implemented.
Active burrows will be avoided by 250 feet, compensation will be provided for the
displacement of burrowing owls, and habitat acquisition and the creation of artificial
dens for any burrowing owls removed from construction areas will be provided.
a. Pre - construction surveys for burrowing owls shall be conducted. Pre - construction
surveys of construction areas and a 500 foot buffer shall be conducted no more than
30 days prior to ground disturbing activities. If more than 30 days lapse between the
time of the preconstruction survey and the start of ground- disturbing activities, another
preconstruction survey must be completed.
b. If burrowing owls are present on the construction site (or within 500 feet of the
construction site) during the breeding season (April 15 through July 15), and appearNKF
be engaged in nesting behavior, a fenced 500 foot buffer shall be installed betty ,#en 9JT
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ORIGINAL
EXHIBIT A
Mitigation Measures
GPA /ZC No. 12 -0469
the nest site or active burrow and any earthmoving activity or other disturbance. This
500 foot buffer could be moved once it is determined by a qualified biologist that the
young have fledged. Typically, the young fledge by August 31st. This date may be
earlier than August 31st, or later, and would have to be determined by a qualified
biologist.
c. If burrowing owls are present in the non - breeding season and must be passively
relocated from the project site, passive relocation shall not commence until October
1 st and must be completed by February 1 st. Passive relocation may only be
conducted by a qualified biologist or ornithologist and with approval by CDFW. After
passive relocation, the area where owls occurred and its immediate vicinity (500 feet)
will be monitored by a qualified biologist daily for one week and once per week for an
additional two weeks to document that owls are not reoccupying the site.
d. Compensation for the loss of burrowing owl habitat shall be based upon the number
of owls or pairs of owls located on the construction area during pre- construction
surveys following the CDFW's March 7, 2012 Staff Report on Burrowing Owl Mitigation.
The areas identified as land retirement areas and enhancement areas shall be used
as compensation for the loss of habitat and for relocation of burrowing owls.
Mitigation for Biological Resource Impacts.
8. Prior to ground disturbance, the developer shall have a qualified consultant survey the
location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat
Conservation Plan. Survey protocol shall be that recommended by the State Department
of Fish and Game. Developer shall be subject to the mitigation measures recommended
by the consultant. A copy of the survey shall be provided to the Planning Department
prior to ground disturbance.
The current MBHCP expires in year 2014. Projects may be issued an urban development
permit, grading plan approval, or building permit and pay fees prior to the 2014
expiration date under the current MBHCP. As determined by the City of Bakersfield, only
projects ready to be issued an urban development permit, grading plan approval or
building permit) before the 2014 expiration date will be eligible to pay fees under the
current MBHCP. Early payment or pre - payment of MBHCP fees shall not be allowed. The
ability of the City to issue urban development permits is governed by the terms of the
MBHCP. Urban development permits issued after the 2014 expiration date may be subject
to a new or revised Habitat Conservation Plan, if approved, or be required to comply
directly with requests of the U.S. Fish and Wildlife Agency and the California Department
of Fish and Wildlife.
Mitigation for Biological Resource Impacts.
Cultural Impact Mitigation Measures
9. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050.5 of the California Health and Safety Code. If human
remains are identified on the site at any time, work shall stop at the location of the find
and the Kern County Coroner shall be notified immediately (Section 7050.5 of th AK
California Health and Safety Code and Section 5097.98 of the California Public Resou�� ��s
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EXHIBIT A
Mitigation Measures
GPA /ZC No. 12 -0469
Code which details the appropriate actions necessary for addressing the remains) and
the local Native American community shall be notified immediately.
Mitigation for Cultural Resource Impacts.
10. Prior to ground - disturbance activities associated with this project, personnel associates
with the grading effort shall be informed of the importance of the potential cultural and
archaeological resources (i.e. archaeological sites, artifacts, features, burials, etc.) that
may be encountered during site preparation activities, how to identify those resources in
the field, and of the regulatory protections afforded to those resources. The personnel
shall be informed of procedures relating to the discovery of archaeological remains
during grading activities and cautioned to avoid archaeological finds with equipment
and not collect artifacts. The applicant /developer of the project site shall submit
documentation to the Planning Department that they have met this requirement prior to
commencement of ground - disturbance activities. This documentation should include
information on the dates) of training activities, the individual(s) that conducted the
training, a description of the training, and a list of names of those who were trained.
Should cultural remains be uncovered, the on -site supervisor shall immediately notify a
qualified archaeologist.
Mitigation for Cultural Resource Impacts.
Traffic Impact Mitigation Measures
11. Intersection improvements which were identified in the analysis as necessary to maintain
or improve the operational level of service of the street system in the vicinity of the project
are shown in the Table below. This table lists the total improvements required by the year
2035. These improvements are paid for and constructed as part the City's regional and
local transportation fee programs. The Table also identifies which of the total 2035
improvements are not included in the RTIF program, but are instead covered by the Local
Mitigation Fee Program. The improvements listed in the Table are comprised of lane
additions, installation of proposed modifications of the intersection to improve operation
to an acceptable level. Lane additions are shown as the number of lanes required and
the direction of travel, for example, 1 EBT indicates one additional eastbound through
lane. The incremental improvements identified in the Table will reduce the impacts to less -
than- significant levels. It is recommended that the project pay the proportionate share for
the local mitigation improvements identified in the Table and participate in the RTIF
program per the applicable rates for the office park specific use.
FIAima Inforspcfinn ImnrnvPmPnfs end Lacel Mifieefion
#
Intersection
Total
Local Mitigation
Project
Improvements
(Improvements not
Share for Local
Required by 2035
covered by RTIF )
Mitigation
10
California Ave & Stockdale Hwy
1 EBR, 1 NBR
1 EBR, 1 NBR
4.15%
12
1 Gosford Rd & Ming Ave
1 WBR, 1 NBR
1 WBR, 1 NBR
5.88%
Notes:
NB = Northbound; WB = Westbound T = Through Lane
SB = Southbound L = Left -Turn Lane; EB = Eastbound R = Right -Turn Lane
Mitigation for Traffic Impacts. �gAKFq
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Page 7 of 7 ORIGINAL
Exhibit B
General Plan Amendment Map
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