MITIGATED
NEGATIVE
DECLARATION
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EXHIBIT “A”
MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT 21-0424/WILLAMSON ACT CANCELLATION 25-0001
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, the applicant/developer shall consult and comply with the California Department of Fish and Wildlife (CDFW) 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)
3. Prior to ground disturbance, a focused survey for burrowing owl shall be submitted to the 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 1 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 biological resource evaluation performed by Pruett Biological Resource Consulting 2024 requires mitigation measures for the Western Mastiff Bat roost detected in trees as follows:
a. A biological resource pre -activity survey conducted by a qualified biologist no more 30 -days before the start of construction activities.
b. Biological resource monitoring during each initial phase of ground disturbance. c. Compliance reporting provided to the required oversight agencies for all biological resource field surveys, monitoring, and additional tasks as warranted. d. A Worker Environmental Awareness Program outlining special- status species that may access, use or otherwise transverse the project area will be implemented, e. If known or natal SJKF dens are identified at any time during construction, protocols enumerated in the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox
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Prior to or During Ground Disturbance (2011) should be implemented, and the appropriate agencies contacted for guidance.
f. Vertical sided trenching deeper than 2 -feet will include escape ramps at no more than a 1:1 ratio every 100 feet.
g. Vertical sided holes that are not capable of being ramped should be covered or otherwise secured to the greatest extent practicable.
h. Pipes, conduit and similar material 3 inches or greater should be capped to prevent wildlife from becoming inadvertently trapped in the piping.
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.
Traffic Impact Mitigation Measures:
9. All residential dwellings shall be Electric vehicle (EV) capable by installing a dedicated circuit within the service panel and provide a receptacle or blank cover labeled as “EV READY.” Applicant will also construct on-site pedestrian and bicycle infrastructure along McCutchen Road extending to the west tract boundary, ensuring no gaps in the infrastructure. This will facilitate future off -site improvements, constructed by others, that will provide access to Buena Vista Elementary School and the existing C lass
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II Bike Lane along Buena Vista Road. Furthermore, the project will also include construction of off -site pedestrian and bicycle infrastructure along McCutchen Road to the east. This will close the existing gap between the project, Independence High School, the Career and Technical Education Center, and the existing Class II Bike Lane along Old River Road.
10. Prior to or concurrently with the issuance of building permits, the project applicant shall provide proof to the Planning Division of the project’s participation in the Regional Transportation Impact Fee Program as well as payment of the adopted fees in place for the land use type at the time of development.
Agricultural Mitigation Measures:
11. Prior to the recordation of the final map, the applicant/property owner shall remit the required Williamson Act cancellation fee to the California Department of Conservation. Documentation confirming payment of the cancellation fee, calculated as 12.5 percent of the land’s fair market value as determined by the Kern County Assessor , shall be submitted to the Planning Division. No grading, construction, or ground disturbance shall occur until confirmation of fee payment has been received by the Planning Division.