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Home My WebLink AboutRES NO 060-13RESOLUTION NO. 060 -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 AT THE NORTHEAST CORNER OF NORIEGA ROAD AND RUDD AVENUE. (GPA /ZC NO. 13- 0006). WHEREAS, McIntosh & Associates for Black Ops Real Estate III, 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 R -IA (Resource - Intensive Agriculture) to LR (Low Density Residential) and to change the zone district from County A (Exclusive Agriculture) to establish pre- zoning to R -1 (One Family Dwelling) on 40 acres located at the northeast corner of Noriega Road and Rudd Avenue (the "Project "); and WHEREAS, the City Council adopts a Negative Declaration for 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 consider the 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 RESOLVED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 13 -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. --- - - - - -- 000-- - - - - -- Page 1 of 2 ,NKFy o 'rte 0 ORIG L. HEREBY CERTIFY that the foregoing Resolution was passe and adopted by the Council of the City of Bakersfield at a regular meeting held on am 15 1013 by the following vote: YE D COUNCILMEMBER NOES: COUNCILMEMBER, ABSTAIN: COUNCILMEMBER, ABSENT: COUNCILMEMBER KAY 151013 APPROVED MAXWELL, WEIR, HANSON, SULLIVAN, JOHNSON 4t, (- k 14 "& j ROBERTA GAFFORD C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Atto y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By: DL \ S: \GPAs \GPA 1 st 2013\ 1 3-0006\ResOrd\RES ENV CC Res.doc Page 2 of 2 F �AKF a 9� � m ORIGINA,t Exhibit A Mitigation Measures �0AKF9 F- r v o ORIGINAL EXHIBIT A MITIGATION MEASURES GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 13 -0006 Air Quality and Green House Gas Mitigation Measures 1. 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 required by the San Joaquin Valley Air Pollution Control District. Mitigation for air quality and green house gas impacts. Agricultural Impact Mitigation Measures 2. Prior to issuance of a grading or building permit for urban development, or support facilities as contemplated in the Project, whichever occurs last, the applicant shall mitigate the loss of net acreage of agricultural lands, on a one -to -one basis, by selection one or more of the items described below. Net acreage is to be calculated based on the exclusion of existing roads, proposed beltways, freeways, and arterial roads. The applicant shall submit written verification of the applicant's compliance with this mitigation measure to the Planning Director's satisfaction. Compliance with this condition may be phased as the project is developed. The net acreage of agricultural land to be mitigated shall be equal to the amount of land being developed as each phase is developed. a. Funding and /or purchase of agricultural conservation easements. Such easements shall be accepted or purchased and monitored and enforced by a land trust or another appropriate entity. Funds may be used for easement purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. b. Contribution of agricultural land or equivalent funding to an organization that provides for the preservation of farmland in California. Funds may be used for purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. c. Purchase of credits from an established agricultural farmland mitigation bank approved by applicable governmental authority. Mitigation for agricultural impacts. 3. During the life of the Project, if the City of Bakersfield or other responsible agency adopts an agricultural land mitigation program that provides equal or more effective mitigation than measures listed above, the applicant may choose to participate in that alternative program to mitigate loss of agricultural land impacts. Prior to participation in the alternate program, the applicant shall obtain written approval from the City of Bakersfield agreeing to the participation, and the applicant shall submit written verification of compliance with the alternate program at the same time described above in the first paragraph. o�`0AKF9s m v o ORIGINAL Exhibit A Mitigation Measures GPA /ZC 13 -0006 Page 2 Agricultural land used for mitigation shall be of at least equal agricultural classification as the land being converted or be capable of being developed as such; that is, mitigation land shall be classified or developed as Prime Farmland, Farmland of Statewide Importance, etc., (as established by the California Department of Conservation in the Farmland Mapping and Monitoring Program), the mitigation acreage being at least equivalent in classification to the converted land, or being capable of producing the same or equivalent crops as the land being converted. Completion of the selected mitigation measure, or with the Planning Director's approval, a combination of the selected mitigation measures can be on qualifying agricultural land within the San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno, Madera, Kings, Tulare, Kern), or outside the San Joaquin Valley with written evidence that the same or equivalent crops can be produced on the mitigation land. Mitigation for agricultural impacts. 4. If adjacent properties are utilized for agricultural proposes and /or have not receive entitlements for development at the time of development on the subject property, then a covenant shall be recorded on all residential lots disclosing their proximity to agricultural uses and any associated effect on their property. Such proof shall be submitted to the Planning Director prior to recordation of final subdivision maps within the GPA area. Mitigation for agricultural impacts. Biological Impact Mitigation Measures 5. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (META) of 1918 U. S. C. 703-711). The MBTA makes it unlawful to take, posses, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs or products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5 and 3800 of the California Department of Fish and Wildlife Code prohibit the take, possession, or destruction of birds, their nests or eggs. To avoid violation of the take provisions of these laws generally requires that project - related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1 - August 15, annually). Disturbance that causes nest abandonment and /or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and /or imprisonment. Mitigation for biological impacts. 6. 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 Wildlife. 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. o``gAKF9� r U O ORIGINAL Exhibit A Mitigation Measures GPA /ZC 13 -0006 Page 3 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 Fish and Wildlife Department. Mitigation for biological impacts. Mitigation to Reduce Impacts to Kit Foxes and Other Animals during construction activities: 7. A preconstruction clearance survey shall be conducted not more than 30 days prior to ground disturbance to search for sensitive species or fox dens. This survey shall be conducted in accordance with accepted USFWS and CDFW protocols. Any sensitive species or occupied den or burrow subsequently identified shall be reported in accordance with agency requirements. Mitigation to reduce biological impacts during construction activities. 8. All employees, contractors, or other persons involved in the construction of the project shall attend a "tailgate" session informing them of the biological resource protection measures that will be implemented for the project. The orientation shall be conducted by a qualified biologist and shall include information regarding the of the protected species, reasons for special status, a summary of applicable environmental law, and measures intended to reduce impacts. Mitigation to reduce biological impacts during construction activities. 9. To minimize temporary disturbances, all project - related vehicle traffic shall be restricted to established roads, construction areas, and other designated areas. These areas shall also be included in preconstruction surveys and, to the extent possible, shall be established in locations disturbed by previous activities to prevent further impacts. Mitigation to reduce biological impacts during construction activities. 10. Project - related vehicles shall observe a 20 -mph speed limit in all project areas during construction, except on county roads and State and Federal highways; this is particularly important at night when kit foxes are most active. To the extent possible, night -time construction shall be minimized. Off -road traffic outside of designated project areas shall be prohibited. Mitigation to reduce biological impacts during construction activities. 11. Excavations shall either be constructed with escape ramps or covered to prevent entrapment of kit foxes or other animals. All trenches or steep - walled excavations greater than two feet deep shall include escape ramps to allow wildlife to escape. Each excavation shall contain at least one ramp, with trenches containing at least one ramp every 'A mite. Slope of ramps shall be no steeper than 1:1. 1-1gAKF9 Mitigation for biological impacts. ° s� ►- m U � ORIGINAL. Exhibit A Mitigation Measures GPA /ZC 13 -0006 Page 4 12. All pipes, culverts, or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. If a kit fox is discovered inside a pipe, a qualified biologist shall be consulted for further action notification. If necessary, and under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity, until the fox has escaped. Mitigation for biological impacts. 13. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or other animals. Mitigation to reduce biological impacts during construction activities. 14. No firearms shall be allowed on the project site. Mitigation to reduce impacts during construction activities. 15. To prevent harassment, mortality of kit foxes or destruction of dens by dogs or cats, no pets shall be permitted on the project site. Mitigation to reduce biological impacts during construction activities. 16. Use of rodenticides and herbicides in project areas shall 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 shall observe label and other restrictions mandated by the U. S. Environmental Protect 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 shall be used because of proven lower risk to kit fox. Mitigation for biological impacts. Cultural Impact Mitigation Measures: 18. 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 the California Health and Safety Code and Section 5097.98 of the California Public Resource Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation for cultural impacts. 19. 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 personne 'b4AK ,9 shall be informed of procedures relating to the discovery of archaeological remail-2 sm during grading activities and cautioned to avoid archaeological finds with equipment v o ORIGINAL Exhibit A Mitigation Measures GPA /ZC 13 -0006 Page 5 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 impacts. Traffic Impacts: 20. The development is required to pay into the adopted Phase IV Regional Traffic Impact Fee fixed rate program. For traffic impacts. DI:S: \GPAs \GPA 1st 2013\ 1 3-0006\Admin SR \Exhibit A_nd.doc O��AKF�cP a � t= m U ORIGINAL. Exhibit B Land Use Map eAK%19 o m U r- O ORIGINAL i M T Z 5W G Z W Z Q J J Q rr W Z W CD w F- U m r ORIGINAL