Loading...
HomeMy WebLinkAboutRES NO 069-19RESOLUTION NO. 06 9- 19 RESOLUTION UPHOLDING THE DECISION OF THE PLANNING COMMISSION APPROVING VESTING TENTATIVE TRACT MAP 7335 (PHASED) LOCATED GENERALLY SOUTH OF PENSINGER ROAD AND EAST OF SOUTH ALLEN ROAD AND DENYING THE APPEAL BY THE SIERRA CLUB WHEREAS, in accordance with the procedure set forth in the provisions of Title 16 of the Municipal Code of the City of Bakersfield, Sierra Club, filed an appeal of the Planning Commission's approval of Vesting Tentative Tract Map 7335 located on the south side of Pensinger Road and east of South Allen Road, as shown on the attached (Exhibit "B"); and WHEREAS, Sierra Club, the appellant, filed a written appeal with the City Clerk on March 14, 2019: and WHEREAS, the City Council, through the City Clerk, set the time and place of the hearing as Wednesday, May 22, 2019, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said City Council on said appeal, and notice of the public hearing was given in the manner provided in Title Sixteen of the Bakersfield Municipal Code; and WHEREAS, testimony was heard during the public hearing of the City Council; and WHEREAS, McIntosh & Associates, representing Enconto Gardens, LLC, filed an application requesting approval of Vesting Tentative Tract Map File No. 7335 (Phased) on that certain property in the City of Bakersfield as shown on the attached (Exhibit "C"); and WHEREAS, the proposed Vesting Tentative Tract Map 7335 (Phased) consists of 117 residential lots, 1 landscape lot, 1 sump lot, 1 drill site lot, and 1 park site lot on approximately 40 acres for single family residential development, zoned R-1 (One Family Dwelling) as shown on attached Exhibit "B"; and WHEREAS, said map included a request for modification to allow alternate lot and street design; and WHEREAS, the Secretary of the Planning Commission, did set Thursday, December 6, 2018, 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 previously adopted Negative Declaration and the Project, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and WHEREAS, the December 6, 2018 hearing was continued to January 3, 2019 to allow time for the applicant to complete the on-site posting; and o``eAKt9N Page 1 of 4 m J OR;G; AL WHEREAS, on January 3, 2019, the Planning Commission, with the concurrence of the applicant's second request, continued the public hearing to the regularly scheduled Planning Commission meeting of February 21, 2019; and WHEREAS, on February 21, 2019, the Planning Commission, continued the public hearing to the regularly scheduled Planning Commission meeting of March 7, 2019; and WHEREAS, the application was deemed complete on September 28,2018; and WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and WHEREAS, an initial study was conducted and it was determined that the Project would not have a significant effect on the environment and a Mitigated Negative Declarations were prepared and approved by the City Council on December 14, 2005 and March 14, 2007, in conjunction with Project Nos. GPA/ZC 05-0943 and GPA/ZC 06- 0925, respectively, in accordance with California Environmental Quality Act (CEQA); and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Planning Commission's deliberation, and action. WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, 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, environmental review, and special studies (if any), and evidence received both in writing and by verbal testimony at the above referenced public hearing support the findings contained in this resolution; and WHEREAS, the Council has considered and hereby make the following finding: 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, 10 days prior to the hearing. 2. Staff determined that the proposed activity is a project and initial studies were prepared for the original projects (Project Nos. GPA/ZC 05-0943 and GPA/ZC 06- 0925) of the subject property and a Mitigated Negative Declarations were adopted on December 14, 2005 and March 14, 2007, respectively by the City Council for the original project, and duly noticed for public review. 3. Said Mitigated Negative Declarations for the Project is the appropriate environmental document to accompany approval of the Project. In accordance with State CEQA Guidelines Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken, and no new environmental impacts have been identified. The Project By: Laquez\S:\TRACTSV335\IAppeal\CC Appeal Hearing\7335Reso Appeal to CC.docx aFgAKFgN Page 2 of 4 r m U oRN�fVQL will not significantly impact the physical environment because mitigation measures relating to GPA/ZC 05-0943 and GPA/ZC 06-0925 have been incorporated into the Project. 4. Urban services are available for the proposed development. The Project is within an area to be served by all necessary utilities and waste disposal systems. Improvements proposed as part of the Project will deliver utilities to the individual lots or parcels to be created. 5. The application, together with the provisions for its design and improvement, is consistent with the Metropolitan Bakersfield General Plan. (Subdivision Map Act Section 66473.5) The proposed density and intensity of development are consistent with the LR Low Density Residential) land use classification on the property. Proposed road improvements are consistent with the Circulation Element. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the General Plan. 6. Mineral right owners' signatures may be waived on the final map pursuant to Bakersfield Municipal Code Section 16.20.060 A.3. The applicant has provided evidence with the Project application that it is appropriate to waive mineral right owners' signatures because in accordance with BMC Section 16.20.060 A.3, if the party's right of surface entry has not been expressly waived by recorded document prior to recordation of any final map, a drill site reserved for mineral access has been provided and notice of such as required in Section 16.20.060 A.3 has been made to each mineral owner and lessee of record. 7. In accordance with BMC 16.28.170 H, Windermere Street functions as a major street as shown on the Project; therefore, the abutting double frontage lots are reasonable due to controlling factors as traffic, safety, appearance, and setback, and are approved with construction of a 6 -foot high masonry wall separating the residential lot and the major street. 8. The request for modifications are consistent with sound engineering practices or subdivision design features. 9. The conditions of approval are necessary for orderly development and to provide for the public health, welfare, and safety. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The above recitals and findings incorporated herein, are true and correct. 2. The decision of the Planning Commission is upheld, subject to mitigation measures and conditions of approval shown in attached Exhibit A. 3. The appeal is denied. 4. Vesting Tentative Tract Map 7335 is hereby approved, subject to the mitigation measures and conditions of approval shown in attached Exhibit A. ------000----- By: TJaquez \ 5ATRACT5\7335\I Appeal\CC Appeal Hearing\7335_Reso_ Appeal to CC.docx gAKF Page 3 of 4 0 9� r m OHId.NAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on May 22, 2019, by the following vote: ✓ ✓ ✓ ✓ COUNCILMEMBER. Q\YQ,YQ �Linl1A)ZS Sm,ii> ;s�llryq p isCr NOEa COUNCILMEMBER: BBTAIN: COUNCILMEMBER: F-(c2mnn COUNCILMEMBER: y.�tsY aW jbmjk,f0 JUL E D KIS, CMC - CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROV MAY 2 2 2019 _ A— KARE GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney Exhibits: (Attached) A. Conditions of Approval B. Location Map with Zoning C. Tentative Map D. Correspondence D-1 Sierra Club comments received on February 21, 2019 D-2 Memorandum from Staff dated February 21, 2019 D-3 Letter to Appeal from the Sierra Club dated March 14, 2019 D-4 Correspondence dated April 17, 2019 By: TJaquez \ S:\TRACT5V335V Appeal\CC Appeal Hearing\7335 Reso Appeal to CC.docx Page 4 of 4 aF9AKF J im ORL;,NAI EXHIBIT "A" VESTING TENTATIVE TRACT MAP 7335 (PHASED) CONDITIONS OF APPROVAL NOTE to Subdivider/Applicant: B is important that you review and comply with requirements and deadlines listed in the "FOR YOUR INFORMATION" packet thatis provided separately. This packet contains existing ordinance requirements, policies, and departmental operating procedures as they may apply to this subdivision. PUBLIC WORKS 1. In a letter dated June 29, 2018, the applicant requested deviations from the following ordinance and policy requirements: 1.1 SDM reference Block Lengths (Sec. 16.28.160.A) - Request Burnham Street and Piano Drive to exceed 1000 feet in length. Recommendation: APPROVE lengths of streets as there are intervening intersections. 2. Approval of this tentative map does not indicate approval of grading, drainage lines and appurtenant facilities shown, or any variations from ordinance, standard, and policy requirements which have neither been requested nor specifically approved. 3. The development shall comply with all applicable conditions of the GPA/ZC's 03-1373, 05-0943, and 06-0925. Pay local mitigation fees (Contact Traffic Engineering for detail costs and create major bridge and thoroughfare districts as stated in referenced GPA/ZC's. 4. Prior to grading plan review submit the following for review and approval: 4.1 A drainage study for the entire subdivision. 4.2 A sewer study to include providing service to the entire subdivision and showing what surrounding areas may be served by the main line extensions. Submit verification to the City Engineer of the existing sewer system's capacity to accept the flows to be generated from the development into Windermere Street and Buena Vista Road. Additional sewer lines or alternate mitigation measures, such as payment of sewer capacity mitigation fees equal to $350 per equivalent dwelling unit, may be required. 4.3 The subdivision is located within the McAllister Ranch PSA and is subject to said PSA fees. 4.4 If the tract is discharging storm water to a canal, a channel, or the Kern River: In order to meet the requirements of the City of Bakersfield's NPDES permit and to prevent the introduction of sediments from construction or from storm events to the waters of the US, all storm water systems that ultimately convey drainage to the river or a canal shall install City approved BMP's. 5. The following conditions must be reflected in the design of the improvement plans: 5.1 Final plan check fees shall be submitted with the first plan check submission. 5.2 Per Resolution 035-13 the area within the Tract shall implement and comply with the "complete streets" policy. Complete streets will require pedestrian and bicycle access to the Tract from existing sidewalks and bike lanes. If there is a gap less than'/, mile then construction of asphalt sidewalks and bike lanes to the tract will be required. gAKF9 Prepared by TJaquez/s:\TRACTSV335\1PC Doc5V335_Exh A.docx O N > M r m U OR3AgL Exhibit "A" VTTM 7335 (Phased) Page 2 of 19 5.3 The subdivider shall either construct the equivalent full width landscaped median island in Allen Road for the site's frontage or pay $100 per linear feet (their proportionate share of the cost for the future construction of the median as determined by City Engineer in accordance with Section 5.3.1.1.b of the Subdivsion and Engineering Design Manual). Median islands shall be designed by the first tract to be approved on a side. The medians may be constructed by the first tract on a side, or the median island fees shall be. The total cost may be apportioned between the phases and paid prior to recordation of each phase if he elects to pay his share of the costs for the future construction. Left turn median restrictors shall be constructed by the first tract in. 5.4 Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. Install conduit and pull ropes in future traffic signal locations. 5.5 In addition to other paving requirements, on and off site road improvements may be required from any collector or arterial street to provide left turn channelization into each street (or access point) within the subdivision (or development), where warranted and as directed by the City Engineer. Said channelization shall be developed to provide necessary transitions and deceleration lanes to meet the current CalTrons standards for the design speed of the roadway in question. 5.6 Off-site pavement and striping construction will be required to transition from the proposed/ultimate on-site improvements to the existing conditions at the time construction commences. Transitions must be designed in accordance with City Standards and/or the Caltrans Highway Design Manual. If existing conditions change during the period of time between street improvement plan approval and construction commencement, the street improvement plans must be revised and approved by the City Engineer. 5.7 Right turn deceleration lanes are required on arterials at local streets. 5.8 The phasing map as submitted may be unbalanced with respect to the required improvements along the tract frontages. Therefore, in order to promote orderly development, each phase shall be responsible for an equal dollar amount of frontage improvement. Prior to recordation of each final map for any phase that does not construct its share of the improvements, the difference between the cost of the frontage improvements constructed and the phase share shall be placed into an escrow account. The money deposited in this account would be for the use of the developer of any future phase responsible for more than its share of improvements. The final per lot share will be based upon an approved engineer's estimate. In lieu of the use of an escrow account, the developer may choose to construct with each phase its proportionate share of the frontage improvements, with approval of the City Engineer. 5.9 The following conditions are based upon the premise that filing of Final Maps will occur in the order shown on the map with Phase 1 first, then Phase 2, then Phase 3, etc. If recordation does not occur in that normal progression, then, prior to recordation of each final map, the City Engineer shall determine the extent of improvements to be done with that particular phase. 5.9.1. The following shall occur with Phase 1: 5.9.1.1. Construct Windermere Street for the full extent of the street lying within the tract's boundary. gAKF9 Prepared by TJaquez/ 5:\TRACTS\7335\1 PC Docs\7335 Enh A.docx 01�N � T � m U OR;G,ryAL Exhibit "A" VTM 7335 )Phased) Page 3 of 19 5.9.2. The following shall occur with Phase 2: 5.9.2.1. Construct Allen Road for the full extent of the street lying within the tract's boundary. If the number of phases or the boundaries of the phases are changed, the developer must submit to the City Engineer an exhibit showing the number and configuration of the proposed phases. The City Engineer will review the exhibit and determine the order and extent of improvements to be constructed with each new phase. The improvement plans may require revision to conform to the new conditions. 5.10 The subdivider is responsible for verifying that existing streets within the boundary of the tract are constructed to city standards and he will reconstruct streets within the boundary if not to standard. 5.11 Where streets do not have curb and gutter, construct a minimum section of 36 feet wide consisting of 2-12' lanes, 2-4' paved shoulders and 2 additional feet per side of either AC or other dust proof surface. 5.12 The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 24, 1997. 5.13 In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, Best Management Practices for complying with the requirements of the Clean Water Act are required. 5.14 All lots with sumps and water well facilities will have wall and/or slatted chain link fence and landscaping to the appropriate street standards, at the building setback with landscaping as approved by the Public Works and Parks Directors. 5.15 Install blue markers in the street at the fire hydrants per the Fire Department requirements. 6. The following must be reflected in the final map design: 6.1 A waiver of direct access shall be required for all lots abutting any arterials and collectors. Prior to recording the first final map: 7.1 The City Council must have taken final action for inclusion of this tract within the Consolidated Maintenance District. 7.2 The developer is required to construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation Impact Fee on Allen Road. The developer shall receive credit against his traffic impact fees for constructing this project. The developer must submit an appraisal, to be approved by the City Engineer, verifying the cost of the right-of-way to be acquired. This credit is not available until the improvement has been constructed by the developer and accepted for maintenance by the City. Any building permit issued prior to this acceptance shall pay the full impact fee. 7.3 If it becomes necessary to obtain any off site right of way and if the subdivider is unable to obtain the required right of way, then he shall pay to the City the up- front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. �gAK, Prepared by TJcquez/ S:\TRACTS\7335V PC Docs\7335_Exh A.docx r r m J ORuAAL Exhibit "A" VTTM 7335 (Phased) Page 4 of 19 7.4 Pay local mitigation fees. 8. Prior to recording each final map: 8.1 The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map which will prohibit occupancy of any lot until all improvements have been completed by the subdivider and accepted by the City. 8.2 The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map containing information with respect to the addition of this subdivision to the consolidated maintenance district. Said covenant shall also contain information pertaining to the maximum anticipated annual cost per single family dwelling for the maintenance of landscaping associated with this tract. Said covenant shall be provided to each new property owner through escrow proceedings. If the parcel is already within a consolidated maintenance district the owner shall update the maintenance district documents, including a Proposition 218 Ballot and Covenant, which shall be signed and notarized. 9. Prior to Notice of Completion: 9.1 The storm drain system, including the sump, shall be inspected and any debris removed. 10. Unless otherwise directed by the City Engineer, during the engineering design of construction plans, the flowline-to-flowline width of local streets shall be as follows: 10.1 36 feet: For all the streets ending in Cul -De -Sacs. 10.2 40 feet: All local street segments not mentioned in 12.1 Prior to recordation of each final map, subdivider shall record a covenant affecting each lot prohibiting the pumping and taking of groundwater from the property for any use off the property; provided, however, such pumping and taking may be carried out by the authorized urban water purveyor which provides water service to the subdivided land, or by a county -wide governmental entity with water banking powers, and such pumping is part of an adopted water banking program that will not have a significant adverse impact on the groundwater levels or diminish the quality of water underlying the subdivision. Orderly development and as required by BMC Section 16.40.101.B. 12. The City's normal fire protection service flows are 2500 gallons per minute (g.p.m.). In certain areas and in certain zoning, fire flow requirements (as determined by the City and/or County Fire Department) are in excess of the 2500 g.p.m. limit. Fire flow requirement in excess of 2500 g.p.m. shall require developer fees of $0.50/g.p.m./acre in excess of 2500 g.p.m. or equivalent facilities. Prior to recordation of each phase, subdivider shall submit to the Public Works Dept. verification that fees have been paid. 1�gAKF9 Prepared by TJoquez/ S:\TRACTS\7335\1 PC Docs\7335_Exh A.docx T r m J U OR;uftvAL Exhibit "A" VTTM 7335 (Phased) Page 5 of 19 13. Prior to recordation of each final map, subdivider shall submit a water will serve letter and confirmation from the City of Bakersfield Water Resources Department that water fees have been paid to the Water Resources' satisfaction. The water will serve letter will not be issued until water availability, inspection, and meter fees have been paid in full. 14. Prior to recordation of final map for Phase 3 of the development, the owner shall enter into a purchase agreement with the City of Bakersfield for a domestic water facility site to be located on Lot(s) 28 & 29 of Phase 3 for Tract 7335 (or any other lot acceptable to City Water Resources Department). Developer will deed finished lot to City within 30 days of recordation of final map for Phase 3. The water facility site of(s) shall be finished, graded and compacted, and shall include full utility service connection points for each lot, including but not limited to a 480 volt, 3 phase PG&E electrical service, a 12 -inch minimum storm drain connection, and a 12 -inch minimum potable water main from the property line to the nearest 12 -inch or larger existing City Water main. Developer shall also provide adequate room for a future standard commercial drive approach and a 6 -foot high minimum split face block wall at rear and sides of property. Finished well site shall meet City Water operational service requirements and shall adhere to City planning and building department requirements. 15. Any drainage basins required for the development need to be included with plans in detail to be reviewed for compliance to City of Bakersfield standards and specification by Water Resources staff. FIRE SAFETY DIVISION 16. Pipeline Easements. 16.1 Concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show the easements on the final map with a notation that structures including accessory buildings and swimming pools, are prohibited within the easements and record a corresponding covenant. 16.2 Prior to or concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show on the final map that no habitable portion of a structure may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover, and record a corresponding covenant. 16.3 No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48 inches or more of cover. If a pipeline meets this criteria, the 40 -foot setback line shall be shown in the final map and a corresponding covenant shall be recorded prior to or concurrently with recordation of any phase that is affected. 16.4 No habitable portion of a structure may be built within thirty (30) feet of a crude oil pipeline operating at twenty percent (20%) or greater of its design strength. 1�gAKF9 Prepared by Laquez/ S:\TRACTS\7335\1 PC Docs\7335_Exh A.docx r r m OBf3,NAL Exhibit "A" VTTM 7335 (Phased) Page 6 of 19 16.5 Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements, subdivider shall record a covenant disclosing the location of the pipelines on all lots of this subdivision within 250 feet of the pipelines. Public health, safety and welfare. RECREATION AND PARKS 17. Prior to recordation of each final map, the subdivider shall dedicate land with free and clear title to the City of Bakersfield based on a park land dedication requirement of 2.5 acres per 1,000 population in accordance with Chapter 15.80 of the Bakersfield Municipal Code. If the number of dwelling units increases or decreases upon recordation of a final map(s), the park land requirement will change accordingly. Prior to recordation of a final map, the subdividershall enter into an agreement with the City to implement and satisfy this condition. • Subdivider shall dedicate 0.93 acres; • In addition to the dedication of land, the subdivider shall dedicate 4.7 acres of additional land within the boundaries of the tract for the park. BMC Chapter 15.80 requires the Planning Commission to determine if a subdivider is to dedicate park land, pay an in -lieu fee, reserve park land or a combination of these in order to satisfy the City's park land ordinance. Staff is recommending this condition in accordance with BMC Chapter 15.80. 18. Subdivider shall be responsible for improving streets adjacent to the park site to City standards. Orderly development. 19. Prior to recordation of each final map, the subdivider shall construct a 6 -foot masonry wall along the park boundary adjacent to residential lots as shown on the tentative tract. Wall to be measured from the highest adjacent grade. CITY ATTORNEY 20. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant' herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ("City' herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. o1` 9AKP,9N Prepared by TJoquez/ 5:\TRACTS\7335\I PC Docs\7335_Exh A.docx ,n r m O OgiwNAL Exhibit "A" VTTM 7335 (Phased) Page 7 of 19 This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. PLANNING 21. This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and applicable resolutions, policies and standards in effect at the time the application for the subdivision map was deemed complete per Government Code Section 66474.2. 22. The subdivision shall be recorded in no more than 4 phases. Phases shall be identified numerically and not alphabetically. Orderly development. 23. The following modifications are approved: 23.1 Double frontage lots for: Phase 1, Lots 7-9 and Lots 16-18 23.2 Block length in excess of 1000 feet for Burnham Street and Piano Drive 23.3 Reduce required 140' rear lot depth for lots adjacent to Agricultural zone, subject to BZA approval of a modification to reduce the structure setback from an Agricultural zone. Note: All other City standards apply. Orderly development. 24. Mineral Rights: Prior to recordation of the first final map, the following shall apply: a. Subdivider shall provide the minimum 2 -acre drill site drill site reservation as shown on the tentative subdivision map. The drill site shall be either recorded with the first final map or prior to or currently with a final map, subdivider shall: i. Record a covenant encumbering the drill site as such; ii. Record a covenant of all lots of this subdivision within 500 feet of the drill site disclosing the drill site location and possible activities; iii. Construct a six-foot high masonry wall with gate access around the drill site as shown on the tentative tract. However, upon approval by the Planning Director, wall construction may be defer until adjacent residential lots are recorded. Wall height shall be measured to the highest adjacent grade. iv. Have covenants reviewed approved by the City Attorney and Planning Director prior to recording. Required to verify compliance with BMC Section 16.20.060 A. and orderly development. BAKF9 Prepared by TJaquez/ S:\TRACTS\7335\ I PC Docs\7335_Exh A. docx O N� r m U r OR,3.NAL Exhibit "A" VTTM 7335 (Phased) Page 8 of 19 25. In the event a previously undocumented well is uncovered or discovered on the project site, the subdivider is responsible to contact the Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR). The subdivider is responsible for any remedial operations on the well required by DOGGR. Subdivider shall also be subject to provisions of BMC Section 15.66.080 (B.) Police power based on public health, welfare and safety. 26. Prior to or concurrently with recordation of any phase within 50D feet of the drill site, subdivider shall record a covenant disclosing the location of the drill site (Lot "C") on all lots of this subdivision within 500 feet of them. Police power based on public health, welfare and safety. 27. Prior to recordation of the final map that contains an abandoned well, the subdivider shall provide written confirmation to the Planning Director that the abandoned well plug been leak tested by an independent, third party, qualified leak testing company and that it shows no sign of leakage. If there is evidence of leakage (Well: "Frazier" 26- 24), re -abandonment of the well shall be required to current regulations and to the satisfaction of DOGGR, confirmation of which the subdivider shall provide to the Planning Director. Police power based on public health, welfare and safety. 28. Prior to or concurrently with recordation of any final map containing abandoned oil well, subdivider shall provide a covenant disclosing the location of abandoned oil wells and the 10 -foot non -buildable radii shall be recorded. The covenant shall be submitted to the City Attorney and Planning Director for review and approval prior to recordation of the final map. Police power based on public health, welfare and safety. Biological Impact Mitigation Measures 29. Prior to ground disturbance, the developer shall have a qualified biologist survey the location for species covered under the Metropolitan Bakersfield Habitat Conservation Plan incidental take permit for urban development Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, & Bakersfield cactus) and comply with the mitigation measures of the permit. Survey protocol shall be that recommended by the California Department of Fish and Wildlife. Developer shall be subject to additional mitigation measures recommended by the qualified biologist. A copy of the survey shall be provided to the Community Development Department and wildlife agencies no more than 30 days prior to ground disturbance. The current MBHCP urban development incidental take permit expires on September 1, 2019. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the September expiration date. 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 expiration date will be gAKF9 Prepared by TJaquez/ S:\TRACTS\7335\1 PC Docs\7335_Exh A.docx T r m OH;,1NAL Exhibit "A" VTTM 7335 (Phased) Page 9 of 19 eligible to pay fees under the current MBHCP incidental take permit. 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 incidental take permit. Urban development permits issued after the 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 measure. 30. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take, possess, 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 Game 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. a. To avoid impacts to burrowing owl, prior to ground disturbance, a focused survey shall be submitted to California Department of Fish and Wildlife (CDFW) by the Project applicant of a subdivision or site plan review, following the survey methodology developed by the California Burrowing Owl Consortium (CBOC, 1993). A copy of the survey shall also be submitted to the City of Bakersfield, Planning Division. b. If the survey results 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 the of the Project commencing and that the surveys be conducted 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 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, the CDFW shall be notified and recommended protocols for mitigation shall be followed and a copy submitted to City of Bakersfield, Planning Division. c. If any ground disturbing activities will occur during the burrowing owl nesting season (approximately February 1 through August 31), and potential burrowing owl burrows are present within the Project footprint, implementation of avoidance measures are warranted. In the event that burrowing owls are found, the applicant must follow CDFW protocol for mitigation and comply with the provisions of the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-711). If the Project applicant proposes to evict 0AKF9N Prepared by TJaquez/ S:\TRACTS\7335\1 PC Docs\7335_Exh A.docx 81 u OBiu,tvAl Exhibit "A" VTTM 7335 (Phased) Page 10 of 19 burrowing owls that may be present, the CDFW recommends passive relocation during the non -breeding season. Mitigation measure. Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-0943 Air Quality 31. To ensure that Project emissions are minimized, the following measures have either been applied to the Project through the URBEMIS Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules. The applicant/developer of the Project site shall submit documentation to the Planning Department prior to Issuance of any building permit that they will/have met the following mitigation measures: A. 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: • All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. • All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. • All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. • With the demolition of buildings up to six stories in height, all exterior surfaces of the building shall be wetted during demolition. • When materials are transported off-site, all material shall be covered, and effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. • All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit to visible dust emissions). (Use of blower devices is expressly forbidden). • Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. �gAKF9 Prepared by TJaquez/S:\TRACTS\7335\IPC Docs\7335_Fxh A.docx O N � T r n J OA;.;,fvAL Exhibit "A" VTTM 7335 (Phased) Page 11 of 19 • With urban area, track out shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. • Any construction site with 150 or more vehicle trips per day shall prevent carryout and track -out. • Cease grading activities during periods of high winds where entrainment of dust will exceed the SJVAPCD 20% opacity requirement. Enhanced and Additional Control Measures for Construction Emissions of PM -10 • Limit traffic speeds on unpaved road to 15 mph; and • Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent. • Track out will be prevent by one of the following: • A Grizzly with rails, pipes, or grates to dislodge debris off of exiting vehicles, • A layer of washed gravel at one inch or larger in diameter, three inches deep, • Extension of paved road at least 100 feet from publicly maintained road, or • Installation of a wheel washer; • Install wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds exceed 20 mph (regardless of wind speed, an owner/operator must comply with Regulation Vill's 20 percent opacity limitation); and • Limit area subject to excavation, grading, and other construction activity at any one time. B. Construction Equipment Mitigation Measures: • Limit idling to no more than 20 minutes at a time. • All construction equipment shall be maintained to manufacturers' specifications. • Where possible electric equipment shall be used in lieu of diesel or gas powered equipment. • Encourage employees at the construction sites to carpool to and from work as well as during established lunch hours. C. Design Features Mitigation Measures These mitigation measures are based upon those available in the URBEMIS 2002 emissions modeling program. These measures provide emission reductions for the proposed Project's long term emissions (reductions once the Project has been completed): • The developer will provide: • Adequate street lighting. • Sidewalks and/or pedestrian paths and pedestrian signs and signalization where appropriate. • Pedestrian safety designs/infrastructures shall be provided at crossings. • Transit shelters and/or benches, turnouts, signs, and displays shall be provided as needed. 1�gAKF9 Prepared by TJaquez/S:\TRACTS\7335\IPC Docs\7335_Exh A.docx O T r m OR;3,NAL Exhibit "A" VTTM 7335 fPhosed) Page 12 of 19 Cultural Resources: 32. If cultural resources are encountered during construction, a qualified archaeologist shall be retained by the developer to evaluate the significance of the resources and to formulate a mitigation program if necessary. The archaeologist shall coordinate with the City of Bakersfield Planning Department. 33. If human remains ore 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 Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Hazards and Hazardous Materials 34. With the submittal of tentative subdivision map applications for areas containing oilfield equipment and facilities and/or soils discolored by oil or fuel (as identified in the Phase I Environmental Site Assessment (ESA) prepared for the project site, McIntosh & Associates, July 2005), the applicant shall submit Phase II ESA's. The Phase II ESA's shall contain soils sampling results verifying the presence or absence of hazardous materials to the satisfaction of the City of Bakersfield Fire Department (Prevention Services Division). In the event hazardous materials are present, a Remediation Plan shall be submitted together with the tentative subdivision map application to the satisfaction of the City of Bakersfield Fire Department (Prevention Services Division). Transportation/Traffic 35. Prior to the issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. 36. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in the project traffic study (TPG Consulting Incorporated, June 2005). An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of the first building permit. The following proportionate share contributions shall be paid prior to the issuance of the first building permit: a. Old River Road & Stockdale Highway: Restripe and widen to provide 3 left turn lanes, 4 through lanes and 1 right turn lane on the west bound approach. The project share shall be 2.21% of the cost of the above improvements. b. Ming Avenue & Buena Vista Road: Restripe and widen to provide 21eft turn lanes, 4 through lanes, and 1 right turn lane on the east bound approach; 2left turn lanes, eAKF9 Prepared by TJaquez/S:\TRACTS\7335\IPC Docs\7335 Exh A.docx m r m ORiGAAL Exhibit "A" VTTM 7335 (Phased) Page 13 of 19 4 through lanes, and 1 right turn lane on the west bound approach; 2 left turn lanes, 4 through lanes, and 1 right turn lane on the north bound approach; 2left turn lanes, 4 through lanes, and 1 right turn lane on the south bound approach. The project share shall be 2.63% of the cost of the above improvements. c. Buena Vista Road & Chamber Boulevard: Install traffic signal. The project share shall be 8.1 % of the cost of this improvement. Note: These mitigation measures go beyond current standards. Alternate forms of mitigation may be considered when needed at the 2025 study horizon. The above fees would contribute toward that future mitigation. Public Works: 37. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: 37.1. Provide fully executed dedication for Allen Road to Arterial standards and Pensinger Road and Windermere Street to Collector standards, for the full frontages of the area within the GPA/ZC area. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. 37.2. A comprehensive drainage study is to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA/ZC area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. The City will allow no more than one publicly -maintained sump per 80 acres. Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site. 37.3. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. 38. Payment of median fees for the arterial frontage of the property within the GPA/ZC area will be required upon development. These fees may be paid prior to recordation of any map or approval of improvement plans. 39. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the o�gAKF'N Prepared by TJaquez/S:\TRACTS\7335\7 PC Docs\7335_Exh A.docx r m OR;3,NAL Exhibit "A" VTTM 7335 (Phased) Page 14 of 19 site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 40. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of the GPA/ZC area. 41. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8 -foot graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up -front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. 42. The Developer will be responsible for their proportionate share of the cost of the Buena Vista Canal crossings at Panama Lane and Windermere Street. 43. The Panama Lane, Pensinger Road and Windermere Street crossings of the Buena Vista Canal need widening. Developer shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings. Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06.0925 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality Mitigation Measures: 44. Upon submittal of tentative tract or site plan for approval, the applicant/developer of the project site shall submit documentation to the Planning Department that they will/have met the following air quality mitigation measures: • Water all unpaved or haul road surfaces as needed. • Limit speed on all unpaved roads to 15 mph. • Water any exposed ground surfaces as needed. • Stabilize all disturbed areas including inactive storage piles on an as needed basis. • Maintain at least a 6 inch freeboard space during transport of materials and/or cover and wet to limit dust emissions. • Remove mud or dirt accumulations on public roadways immediately when track out exceeds 50 or more feet as well as at the end of the work day. • Cease grading activities during periods of high winds where entrainment of dust will exceed the SJVAPCD 20% opacity requirement. Construction Equipment Mitigation Measures �gAKF9 Prepared by TJaquez/ S:\TRACTS\7335\I PC Docs\7335_Exh A.docx TO T r m J OR�G:trAL Exhibit "A" VTTM 7335 (Phased) Page 15 of 19 • Limit idling to no more than 20 minutes at a time. • All construction equipment shall be maintained to manufacturers' specification. • Where possible electric equipment shall be used in lieu of diesel or gas powered equipment. Encourage employees at the construction sites to carpool to and from work as well as during established lunch hours. Mitigation for potentially significant air quality impacts. Cultural Impact Mitiaation Measures 45. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. Mitigation for potentially significant cultural resource impacts. 46. If human remains were 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 Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation for potentially significant cultural resource impacts. Traffic Impact Mitigation Measures: 47. Prior to the issuance of any building permit within the GPA/ZC area, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to as adopted at time of development. Mitigation for potentially significant traffic and circulation impacts. 48. Prior to issuance of the first building permit within the GPA/ZC area, the developer shall pay the proportionate share contributions for the intersection and roadway improvements not covered by the RTIF as identified in Tables 7 and 8 of the project traffic study (TPG Consulting, January 2005) and in the following tables: oFeAKe9s Prepared by TJaquez/S:\TRACTS\7335\IPC Docs\7335_Exh A.docx T r m ONGAAL Exhibit "A" VTTM 7335 (Phased) Page 16 of 19 FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION Mitigation for potentially significant traffic and circulation impacts ADDITIONAL CONDITIONS OF APPROVAL: Public Works: 49. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. Provide fully executed dedication for Windermere Street to collector standards and Allen Road to arterial standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. For orderly development. 11gAKF9 Prepared by TJaquez/5:\TRACTS\7335\1 PC Docs\7335_Exh A.docx T r m ORIG7vAL Exhibit "A" VTTM 7335 (Phased) Page 17 of 19 b. This GPA/ZC area is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres: therefore, this GPA/ZC area must be included within the drainage area of adjoining property. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. The drainage area to be covered in the comprehensive drainage study will be larger than the GPA/ZC area - the City is willing to aid the developer in the formation of a Planned Drainage Area to provide a mechanism for the reimbursement of oversizing costs to the developer. For orderly development. c. Submit a comprehensive sewer study to be reviewed and approved by the City Engineer. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. This area is within the McAllister Ranch Planned Sewer Area; any sewer improvements for the PSA are eligible for reimbursement from future connection fees within the PSA. For orderly development. d. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. For orderly development. 50. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application fora lot line adjustment forany portion of this GPA area. For orderly development. 51. Construct full improvements for the north side of Panama Lane along the frontage of the 40 acre parcel to the east of the GPA/ZC area (APN52417014). If the adjacent Tract 6706 constructs these improvements first, this condition will be considered as met. If prior to recordation of the first map, a new GPA/ZC is approved related to this previously approved GPA/ZC #06-0925 condition as stated above, this condition shall abide by the requirements of the newly approved GPA/ZC. For orderly development. 52. Payment of median fees for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. For orderly development. 53. The tract design shall accommodate the access provided by the design of approved Tentative Tract 6578 to the north. For orderly development. 54. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the upfront costs for gAKF9 Prepared by TJaquez/ S:\TRACTS\7335\1 PC Docs\7335_Exh A.docx OkNS r m OR G;NAL Exhibit "A" VTTM 7335 (Phased) Page 18 of 19 eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. For orderly development. 55. Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Tables 7 and 8 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares from the study as follows: For orderly development. 55.1. Stockdale Hwy & Old River Rd, Add 1 SBL, 3.71%share 55.2. Panama Ln & Buena Vista Rd, Add 1 WBL, 0.55% share 55.3. Panama Ln, Allen Rd to Windermere St, add 2lanes, 0.36% share 55.4. Panama Ln, Windermere St to Buena Vista Rd, add 2 lanes, 0.59% share Notes: NB - northbound,SB - south bound, WB -west bound, EB - eastbound, L- Left turn lane, T - Through lane, R - Right turn lane Conditions of Approval Zoning Modification No. 18-0276 56. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY'S sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. 57. This zoning modification allows dwellings with a 25 -foot rear yard setback where a minimum 50 feet is required when adjoining property zoned agricultural (I 7.08.150.A) on 17 residential lots in the R-1 (One -Family Dwelling Zone) district generally located at 6001 Windermere Street (Vesting Tentative Tract Map No. 7335) as depicted on attached Exhibits B and C. 1<gAKF9 Prepared by TJaquez/ S:\TRACTS\7335\1 PC Docs\7335_&h A.docx p r m OB.;.NAL Exhibit "A" VTTM 7335 (Phased) Page 19 of 19 58. The developer shall construct a 6 -foot fall masonry wall along the southern boundary of Vesting Tentative Tract No. 7335, where adjacent to property zoned A (Agriculture). 59. The developer shall record or caused to be recorded on the affected properties, a covenant disclosing the existence or potential for livestock on adjacent land zoned A (Agriculture). �gAKg9 Prepared by TJaquez/ 5:\TRACTS\7335V PC Docs\7335_Fxh A.dacx p N� n J J oa�a,rvAf -------------- a...,,V. ........................... UA or w \ § �! � m° Ln ■ - nM&Or \ _ .�x0 /�% ° | a/ \ \ z § § , ,� if H;, . . \ § w! 4: » �� it., w«`4: & g,I z®9 � w4a » w! \/ \� § § , ,� if H;, . . \ § �� it., & g,I EXHIBIT D o``8AKF9� r m v LORv�tvA ECEIVE FEB 2 1 2019 CITY OF BAKERSFI'tLD PLANNING DEPARPVENT y 'A �VEAH CHAPTER P.O. Box 3357 Bakersfield, CA 93385 February 21, 2019 VIA ELECTRONIC MAIL Tony Jaquez Community Development Department City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 Re: Tentative Tract 7335 Dear Mr. Jaquez: The Sierra Club has reviewed available documents about the City's Mitigated Negative Declaration (MND) for Tentative Tract 7335, a project on 40.73 acres generally south of Pensinger Road and east of South Allen Road consisting of 117 single-family residential units, 1 landscape lot, 1 sump lot, 1 drill site lot, and i park site lot. The City's analysis of this project relies on two much earlier negative declarations (NDs), one from 2005 for General Plan Amendment/Zone Change No.05-0943 (05- 0943) and the other from 2006 for General Plan Amendment/Zone Change No.06-0925 (06-0925). We have a number of comments: • The Sierra Club has an existing agreement with the developer of the 05-0943 property, one small sliver of the Tract 7335 project. The agreement requires the developer to pay a $1500 per house "cumulative air quality impact fee" (to the Rose Foundation) which at this point may perhaps be offset by SJVAPCD Rule 9510. In addition, as mitigation for farmland conversion, the agreement requires the developer of the 05-0943 property to pay a $2000 per acre "agricultural mitigation fee" (to Sequoia Riverlands Trust) with certain offsets. As best we can tell at this point, this property has been partially built out by Centex via Tract 6578. However, obligations for the remainder still stand. In particular, the remaining balance of the "agricultural mitigation fee" is $64,088 to be paid when new development of the 05-0943 property begins, according to Centex. • The Sierra Club agreement only requires the developer to offer solar photovoltaics as an option. Title 24 will require solar PV on new residences o�gAKE9N r T r m J OR;3;NAL starting next year, and the City should require it on all new houses in this project to help ensure enforcement. • The City's exclusive reliance on the Negative Declarations is unreasonable because it does not consider climate change. As such, the City should prepare a supplemental or subsequent EIR or ND to adequately analyze the Project's impact on climate change. • The City should also reconsider the Project's impact on biological resources in light of both new development patterns and climate change. • The City's exclusive reliance on the Negative Declarations is unreasonable because it does not consider the air pollution impact of PM 2.5, a pollutant whose health impact has recently been documented as severe (see, for example, • The two NDs that make up the project MND are thirteen and fourteen years old and are substantially dated. Many new laws and regulations have been mandated and implemented since these NDs were approved. For example, there is no mention of the Valley Air District's Rule 9510, the Indirect Source Review rule. Will this project be subject to Rule 9510? How will this project impact AB 32, SB 32, SB 350, SB 375, and other major newer regulations? The Metropolitan Bakersfield Habitat Conservation Plan is out of date. Will this project be subject to the old MBHCP and will this outdated plan be sufficient to reduce impacts appropriately? How will this project address affordable housing requirements of state law, for example in SB 35, AB 72, and others? Title 24 has been repeatedly updated since then, updates that are not reflected in this project's MND. These two old negative declarations are grossly insufficient as an informational document. • The Sierra Club submitted pre -approval comments on both the old NDs used as MND for this project. The 05-0943 submission is dated September 15, 2005, and the 06-0925 submission is dated February 6, 2007. Given that no new mitigation measures beyond those in the old NDs have been proposed and that the MND contains no new information, our old submitted letters seem at least as relevant as the two old NDs that make up the current MND. We resubmit both of these letters for consideration for this TT 7335 project. • The City must prepare a supplemental or subsequent EIR for this project. Specific additional comments follow. GREENHOUSE GAS EMISSIONS Global warming is a serious issue, perhaps the most serious issue that we as a species will ever have to face. Dr. James Hansen, Director of the NASA Goddard Institute for Space Studies writes, "The stakes, for all life on the planet, surpass those of any previous crisis. The greatest danger is continued ignorance and denial, which could make tragic consequences unavoidable." Many scientists say that the world is reaching tipping points beyond which global temperature increases will be irreversible (see o``gAKF9N r ' m v o ORIu;IvAL http://www.reuters.com/article/2012/03/26/climate-thresholds- id USL6E8EQ4GA20120326?feedTvoe=RSS&feedName=evervthina&virtualBrandChan net=11563). In its newest report at http://www.ipcc.ch/rel)ort/srl5/, the Intergovernmental Panel on Climate Change (IPCC) offered its starkest warning yet about the challenges facing humanity. Not only does the IPCC show that climate change is real and that its impacts are happening faster than anticipated, but it says that governments need to work towards a complete phase out of fossil fuel emissions. While previous estimates say human activity — primarily the burning of fossil fuels - is responsible for more than half of all warming, the latest report shows we are actually responsible for all warming since 1951. The IPCC makes it clear that emissions need to go to zero if the world is to keep global warming below the internationally agreed limit of 2DegC. For the best chance of avoiding severe levels of warming, governments will need to peak emissions, rapidly phase fossil fuels down to zero and transition to 100 percent renewable energy. A recent article (htti)://www.atmos-chem-r)hvs-discuss.net/l5/20059/2015/acpd-l5- 20059-2015.htmll concludes that even a 2° C global warming will be "highly dangerous." Pope Francis recently said that climate change has brought our world to'the limits of suicide". These references confirm a significant increase in the severity of the critical environmental problem, the impact of human activity on climate change, in this case unmitigated GHG emissions associated with the project. CEQA requires significance determination to be made by comparing the project's impact to existing conditions, conditions that, in the case of global climate change, do not allow the atmosphere to absorb additional greenhouse gasses without risking catastrophic long-term consequences. Even small GHG emissions should be considered cumulatively significant. The California Supreme Court has written, 'the Legislature declared its intention that all public agencies responsible for regulating activities affecting the environment give prime consideration to preventing environmental damage when carrying out their duties." California courts have ruled, "the greater the existing environmental problems are, the lower the threshold should be for treating a project's contribution to cumulative impacts as significant." In the California Global Warming Solutions Act of 2006, the State has declared, "Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California." This legislation requires statewide greenhouse gas (GHG) emissions to be reduced to 1990 levels by 2020. The emission reduction targets set forth in AB 32 mark only a first and interim step toward avoiding dangerous climate change. Greenhouse gas (GHG) emission reduction targets extend beyond 2020 and are much larger than the 2020 target; Executive Order B-30-15 targets a GHG reduction of 40% below 1990 levels by 20303 o``gAKF9N r m J C OR13;lvA1. codified in SB 32. Executive Order S-3-05 sets an 80% reduction of GHG from 1990 levels in 2050 as a goal. In order to achieve GHG emission reduction goals beyond 2020, the City should require feasible mitigation measures that would reduce GHG emissions beyond the AB 32 goals. SB 32 requires that statewide greenhouse gas emissions be reduced to 40% below the 1990 level by 2030. The MND is deficient in not having addressed this requirement. SB 350 sets 2030 greenhouse gas emissions reduction targets. • Double the energy efficiency of existing building • 50% of utility power from renewable energy The MND is deficient in that it does not address SB 350. What specific project requirements will ensure that this project will be consistent with the CARIB 10% per capita GHG 2035 reduction target? The MND is deficient in that it does not contain quantitative data necessary for impact assessment. How many annual tons of GHG, both direct and indirect, will be associated with this project? How many vehicle trips and how much VMT (vehicle miles traveled) will be associated with this project? Upon what assumptions are these numbers based? The City must present an analysis of the project's individual and cumulative GHG emission impact. The State CEQA Guidelines state, "15355(b) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time." As best we can tell from the available documentation, there has been no attempt to quantify the cumulative impact and that there is thus no data upon which to base a conclusion of insignificance. There are many closely related past, present, and reasonably foreseeable probable future projects (for example, there are seven additional housing and commercial projects listed on the February 21, 2019, Planning Commission agenda, in addition to adjacent tracts 7334 and 6578, and many others), and the cumulative impact of all these projects on climate change must be quantified and addressed. The MND is deficient in not having considered the cumulative impact of a list of area projects on climate change. Before project approval, the public and decision -makers must be made aware of specific mitigation measures. Given the seriousness of the global warming issue, the City should be addressing the issue with specific feasible GHG mitigation measures. There are a number of potential feasible GHG mitigation measures, measures that often address criteria pollutant emissions as well, including: • A requirement that the developer contribute a GHG fee to an appropriate entity (perhaps the San Joaquin Valley Air Pollution Control District or the Rose Foundation) to be used to fund projects that would reduce GHG emissions elsewhere. This could be built in to a criteria pollutant VERA as the Air District has suggested in the past. • In order to encourage the use of non-polluting electric vehicles (EVs), the City should require all new housing to include Level 2 EV charging facilities. While this may be a new Title 24 requirement, including it as a project mitigation measure would help ensure enforcement. • Green building measures. Residences should earn at least a GreenPoint Rated Gold label on the Build It Green "Green Points Checklist' rating scale (see the website www.builditgreen.org). Measures might include passive solar design and requiring that buildings be at least 25% more energy efficient than Title 24 standards current when permits are pulled. • Design features to reduce Vehicle Miles Traveled (VMT). Such features might include adjacent bus stops and/or other public transportation and should include bicycle -friendly features. The project should commit to increased pedestrian and bicycle connectivity. Environmental documents should determine the amount of such transit -oriented building that would make public transportation economically feasible, and it should determine GHG reductions associated with such transit - oriented development. • A requirement that new structures contain solar photovoltaics (PV) and solar water heating. Title 24 will require solar PV on new residences starting next year, and the City should require it on all new houses in this project to help ensure enforcement. Every kilowatt of solar PV power offsets about a ton per year of global warming gasses that would have otherwise been produced by a fossil fuel -fired power plant (according to Environment California Research and Policy Center in a publication entitled The Economics of Solar Homes in California). • A transfer fee requirement that would be applied at each sale of a building or business in the future. Transfer fee monies could go to SJVAPCD or some other appropriate entity to fund projects that would offset GHG emissions. • A requirement for partial funding of an area energy efficiency program creating equivalent reductions in carbon emissions. • A requirement that the project partially subsidize public transportation in order to reduce area VMT. • A condition that parking lots be covered and that parking lot roofs contain solar PV. • A requirement that the developer retrofit solar PV on existing area buildings. Retrofitting existing area buildings with solar PV would effectively offset emissions associated with this project in much the same way as the SJVAPCD uses ISR funds to fund offsite projects to offset criteria pollutants associated with development projects. o`` gAKFS� T ' m J U OR13;hA1 • A requirement that the developer contribute funding for area solar PV incentives. Most solar PV incentive programs use funding rebates to encourage PV construction. The environmental documents should evaluate these mitigation measures. FARMLAND LOSS World population has increased from 6.6 billion people in 2006 when the ND was written to 7.7 billion people now in 2019. Given the increased need for food production, the City should reconsider the Project's impact on farmland loss. The Negative Declaration for 06-0925 admits that the project is to be built on prime farmland, specifically on Kimberlina fine sandy loam with two water wells on site. Nevertheless the ND manages to conclude that the effect of converting this prime agricultural land to residential use is "less than significant." While the City's argument is creative, the project will clearly convert prime agricultural land to urban use. The 40 acres involved here would probably be of little concern if this were the only project in the area, but the cumulative effect of the many area projects' agricultural land conversion is considerable. The California Department of Conservation in its February 7, 2005, letter on GPA/ZC 04-0057 states, 'When viewed microscopically, the conversion represented by this project in isolation appears small; yet combined with the rapid pace of conversion in the County, we find the impact to be cumulatively considerable." A full EIR should thoroughly discuss this cumulative effect. The City argues that because the project converts less than 100 acres of prime farmland, it is less than significant in terms of agricultural impact. The City has used this reasoning for many other projects; e.g., GPA/ZC 05-0942, GPA/ZC 05-0943, GPA/ZC 05-0476, GPA/ZC 05-0743, and others, all less than 100 acres in size. In our opinion, the project -specific and the cumulative impact on farmland loss of this and these many other smaller projects is considerable and significant. This is also the opinion of the California Department of Conservation in their November 16, 2005, letter on the above projects (GPA/ZC 05-0942, etc.) and in their June 3, 2005 letter on GPS/ZC 05-0338. Among other things, they state, "The Department is not aware of a 100 -acre threshold of significance for agricultural impacts, either by Department authority or within CEQA statute or regulation. If the City has such a threshold, it should explain its derivation, rationale, supporting evidence and authorization by the City Council or administration. Otherwise, the City's apparent use of an unsupported threshold of significance is contrary to CEQA guidelines." We incorporate the above- mentioned Department of Conservation letters by reference. The Metropolitan Bakersfield General Plan states that it is policy to "protect areas designated for agricultural use ... from the encroachment of residential and commercial subdivision development activities." There are a number of Possible agricultural land conversion mitigation measures that should be explored for this project. The California Department of Conservation has stated,'The Department encourages the use of On:G;NAL agricultural conservation easements on land of at least equal quality and size as partial compensation for the direct loss of agricultural land." The feasibility of this sort of mitigation is well established since a number of projects elsewhere in California have used agricultural conservation easements as partial mitigation for the conversion of prime agricultural land to housing. A number of projects in California (including several in Kern County) have agreed to fund agricultural conservation easements and /or to establish a local agricultural land conservancy as partial mitigation for such conversion (e.g., Old River Ranch in SW Bakersfield, Lent Ranch in Elk Grove). We recommend a per acre agricultural land conversion fee program, and we would suggest contacting the Sequoia Riverlands Trust as a possible holding agency for such easements. We suggest as well that the City explore the potential for requiring that a farmland preservation fee be paid by the seller or buyer to an appropriate entity (California Department of Conservation, a land trust, etc.) whenever a residence on this property is sold in the future. This transfer fee would serve as ongoing funding for farmland preservation projects and would serve as partial mitigation for loss of the prime agricultural land on this property. AIR QUALITY The southern San Joaquin Valley fights it out every year with Los Angeles for having the worst air pollution in the nation. See the American Lung Association report at htto://www.lu no.orci/our-initiatives/healthy-air/sota/city-rankings/most-polluted- cities.html. Since our extreme air pollution affects the health of many residents, the ND must thoroughly address the issue. The California Supreme Court has written, "the Legislature declared its intention that all public agencies responsible for regulating activities affecting the environment give prime consideration to preventing environmental damage when carrying out their duties." California courts have ruled, 'the greater the existing environmental problems are, the lower the threshold should be for treating a project's contribution to cumulative impacts as significant." The adverse impact of our terrible air quality on human health is well documented. For example, there are 13,296 asthma attacks per year in Kern County that can be attributed to PM10 at current levels (Environmental Working Group, 2001). In spite of the additional air pollution generated by this and other projects in the area, the ND for this project erroneously concludes that the project "would not adversely impact human beings, either directly or indirectly". Other than some standard grading and construction measures, we find no mitigation measures that deal with construction emissions or with area source and operational emissions or the cumulative effects of this project. It should be noted that the General Plan Update EIR, sometimes used to justify the above assertion, contains no discussion of specific health effects of air pollution and no references to the medical literature. Since our air is already some of the dirtiest in the nation and since we have recently gone from "severe" to an "extreme" ozone nonattainment rating, we suggest that the City acknowledge the public health risk of increased development and devise strategies to lower the risk. o�eAKF'd' r m u v OflIG;FAL We note that the nearby Old River Ranch project proposes development of 1853 acres into urban use (7000+ dwelling units). Most of these 7000+ houses were not considered in the cumulative impact study. Cumulative impacts to air quality must be acknowledged and quantified. Even with the minimized input for the study, cumulative impacts were acknowledged to be fifteen and eighteen times the SJVAPCD significance thresholds for NOx and ROG, respectively. It is Air District policy that if project specific emissions are significant, then cumulative emissions are significant. While this implication is indisputable, it should be clear that this implication is not logically equivalent to the inverse implication; i.e., project specific emissions may be under the significance threshold, yet cumulative emissions may still be significant. To argue as the MND does that since a project -specific impact is individually minor, then the cumulative impact is therefore insignificant contradicts the very meaning of cumulative impacts and turns the concept on its head by claiming that an impact may not cause a significant cumulative air quality impact unless the project's direct impact is also significant. For that matter, the SJVAPCD GAMAQI document on page 66 specifically states, 'This does not imply that if the project is below all such significance thresholds, it cannot be cumulatively significant." California courts interpreting CEQA, including our own Fifth District, have squarely rejected this approach. See, e.g., Kings County Farm Bureau v. City of Hanford, 221 Cal.App.3d 692, 720-721 (1990) (rejecting the argument that "Whenever an agency determines impacts specific to a particular project are not significant, corresponding cumulative impacts cannot be considered significant because the'incremental effects' of the individual project cannot be 'considerable,' and finding that this claim "avoids analyzing the severity of the problem and allows the approval of projects which, when taken in isolation, appear insignificant, but when viewed together, appear startling"). According to CEQA: A lead agency must find that a project may have a significant effect on the environment and must therefore require an EIR if the project's potential environmental impacts, although individually limited, are cumulatively considerable. Pub Res C § 21083(b); 14 Cal Code Regs § 15065(c). 'Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effect of past projects, other current projects, and probable future projects. Pub Res C § 21083(b); 14 Cal Code Regs § 15065(c). The MND violates CEQA by assuming cumulative air quality insignificance from project - specific insignificance. Air pollution associated with the project should be completely mitigated, perhaps by funding air pollution reduction projects sufficient to completely offset the air pollution associated with this project. While this project will likely be subject to the SJVAPCD ISR rule, we note that ISR will not completely offset the air pollution associated with this project. ISR mitigates only 50% of NOx and PM10 emissions and does not mitigate ROG emissions at all. The City should determine mitigation measures for the remaining 50% of NOx and PMI 0 emissions and for all the ROG emissions. o``gAKF9N T > r7 u o OR;:,.fvAl Several developers (including the West Ming project and the Old River Ranch project in the City) have agreed to participate in an Emissions Reduction Program through the SJVAPCD. In order to address the cumulative impact of these projects, developers promise to completely offset the emissions associated with their project via a VERA. Many other feasible mitigation measures exist that would help address both criteria pollutants and greenhouse gas emissions. See the list above in the GHG section of this letter for examples of feasible mitigation measures that the ND is deficient in not having explored. BIOLOGICAL RESOURCES As best we can tell, there was no biological study for this property. This property may have been habitat for several endangered species, perhaps San Joaquin kit fox or blunt -nosed leopard lizards (BNLL). Loss of habitat is a major reason for species decline, and BNLL is not covered by the Metropolitan Bakersfield HCP. The City must require the developer to preserve an equal amount of good BNLL habitat elsewhere, perhaps through the Center for Natural Lands Management. While many species may have been driven out of the project site by urbanization and agricultural use, some of the native plant species could be reintroduced by replanting them in project open space areas. Landscaping should consist of drought -tolerant and/or native plants. According to the publication Conservation Strategies for San Joaquin Kit Foxes in Urban Environments by Brian Cypher, Christine Van Horn Job, and Scott Phillips at httr):Hesri).csustan.edu/publications/pdf/cypher etal 2012 urban kitfox conservation e srp.pdf,'To the extent practical and possible, urban planners could design new developments in a manner that facilitates use by kit foxes." This project should be designed with urban kit fox conservation measures in mind, perhaps including artificial kit fox dens and movement corridors as suggested in the above document. The Metropolitan Bakersfield Habitat Conservation Plan is out of date and expires in six months. Will this project be subject to the old MBHCP and will this outdated plan be sufficient to reduce impacts appropriately? LIGHT POLLUTION Lighting for the project should be fully shielded so that no lighting escapes upward and little escapes horizontally to cause glare. The International Dark Sky Association (www.darksky.org) has guidelines that should be included as conditions of development. Some of them include the following: • Exterior lighting originating on a property should be limited to a maximum of 0.5 foot candles at a distance of 25 feet beyond the property lines. • All lights should be full cutoff fixtures; i.e., there should be no light emitted above the horizontal and not much light (generally < 4%) at angles greater than 750 above the vertical. • Streetlights should be flat -lens, full cutoff fixtures installed in a level position and rated "Dark Sky Friendly" by the International Dark Sky Association. Energy efficient sodium lamps should be used. They should be mounted at a height of 30 feet or at the lowest height allowed by applicable codes. • Advertising signs should be illuminated from above and should be off between 11 p.m. and sunrise unless the business is open to the public at that time. Light pollution leads to air pollution. The atmosphere is lit up at night, which allows photoreactive ozone formation 24 hours a day and never a time for the pollution to clear out. See httD://www. skvandte I escor)e. co m/astronomv-n ews/n is ht -Iia hts-worsen-sm oa/ Light pollution has many adverse effects --wasting energy, increasing greenhouse emissions, disrupting biological processes, aesthetic damage including disappearance of the night sky, and increasing air pollution. The MND is deficient in not having addressed the effects of light pollution on these issues. Please place the Sierra Club on the distribution list for the Tract 7335 project to receive any noticing of meetings, hearings, availability of documents, and to receive the environmental documents. We prefer email communications and electronic formatting of documents. Thank you for your consideration and for the opportunity to comment. Sincerely, Gordon L. Nipp, Ph.D. Vice -Chair anlDDna bak.rLCOm 661-872-2432 10 o`�gAKF9N T � m J ORIGINAL September 15, 2005 Planning Commission City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 Re: GPA/ZC 05-0943 Dear Commissioners The Sierra Club has a number of comments and questions about the proposed GPA/ZC 05-0943. We think that a full-fledged EIR should be done for this project. In the details below, we give substantial evidence that the Negative Declaration, even with the added studies, does not adequately address the many issues associated with this project. Since the blunt -nosed leopard lizard (BNLL) is a "fully protected' species under California law, no take permit can be granted under the Metropolitan Bakersfield Habitat Conservation Plan (HCP). There has been no BNLL study for this project. Given this lack of study, we think that it is likely that this project may significantly impact this species by harming or killing individual lizards or otherwise by limiting its range. Possible mitigation could involve leaving the part of the property as open space dedicated to the BNLL or by contributing to ongoing efforts to purchase habitat to be preserved for the BNLL. The adverse impact of our terrible air quality on human health is well documented. For example, there are 13,296 asthma attacks per year in Kern County that can be attributed to PM 10 at current levels (Environmental Working Group, 2001). Given the additional air pollution generated by this and other projects in the area, the ND for this project erroneously concludes that the project "would not adversely impact human beings, either directly or indirectly". Other than some standard grading and construction measures, we find no mitigation measures that deal construction emissions or with area source and operational emissions or the cumulative effects of this project. It should be noted that the General Plan Update EIR, sometimes used to justify the above assertion, contains no discussion of specific health effects of air pollution and no references to the medical literature. Since our air is already some of the dirtiest in the nation and since we have recently gone from "severe" to an "extreme" ozone nonattainment rating, we suggest that the City acknowledge the public health risk of increased development and devise strategies to lower the risk. o``0AKF9N T r m J U ORIGINAL The developer should be required to plant trees to at least a 40% canopy. Arguments supporting this requirement are obvious, including visual and air quality enhancement. Streetlights and signs should be designed to minimize light pollution. The lights at the City ball diamonds next to Mesa Marin light up the area for miles around, preclude seeing the stars for anyone within miles, and give us an example of how not to proceed. Nearby tracts 6363, 6290, 6169, and others in the City have agreed to use shielded lighting so as to keep our skies relatively dark. Sustainable developments should include mixed uses. There should be opportunities forjobs close to home. Infill, especially in the downtown area, should be encouraged. So as to efficiently increase density and decrease sprawl, there should be affordable housing, cluster housing, condominiums, and apartments. Each development should be required to adhere to these and other "smart growth" concepts. Is any low cost housing proposed for this project? In the interest of affordability, we think there should be. Will the project be pedestrian friendly? Will sidewalks be required on both sides of the street? Will there be pedestrian openings in walls so that residents can easily walk to many locations? Will there be trails and access from this project to trails along the Kem River? Will there be commercial developments close enough so that residents can walk or bicycle to them? Are there parks close to the project? Will the new parks required as a result of this project be funded from the new, higher parks fee? There has been no biological study done for the project. Nevertheless, the Negative Declaration asserts that there are no cumulatively considerable impacts. We assert that there are large potential cumulative impacts to agricultural land conversion, air quality, biological resources, public services, and to traffic congestion that have not been adequately addressed. Evidence for these assertions follows. Agricultural Land Conversion The Negative Declaration (ND) admits that the project is proposed to be built on prime farmland, and the project is surrounded by lands being currently farmed, much of which is designated R -IA (Resource Intensive Agriculture). Nevertheless the ND manages to conclude that the effect of converting this prime agricultural land to residential use is "less than significant." While the City's argument is creative, the project will clearly convert prime agricultural land to urban use. The 80 acres involved here would probably be of little concern if this were the only project in the area, but the cumulative effect of the many area projects' agricultural land conversion is considerable and has not been examined in this Negative Declaration. The California Department of Conservation in its February 7, 2005, letter on the nearby GPA/ZC 04-0057 states, "When viewed microscopically, the conversion represented by this project in isolation appears small; yet combined with the rapid pace of conversion in the County, we find the impact to be cumulatively considerable." A full EIR should discuss this cumulative effect. o`teAKF9N ? m r m J ORI3,hAL The Metropolitan Bakersfield General Plan states that it is policy to "protect areas designated for agricultural use ... from the encroachment of residential and commercial subdivision development activities" There are a number of possible agricultural land conversion mitigation measures that should be explored for this moiect. The California Department of Conservation has stated, "The Department encourages the use of agricultural conservation easements on land of at least equal quality and size as partial compensation for the direct loss of agricultural land." The feasibility of this sort of mitigation is well established since a number of projects elsewhere in California have used agricultural conservation easements as partial mitigation for the conversion of prime agricultural land to housing. We include a portion of a court-ordered EIR addendum for a project in the City of Elk Grove with a discussion of agricultural conservation easement requirements and their costs in other parts of California. In addition, the Department of Conservation has available a listing of 37 'conservation tools' that have been used to conserve or mitigate project impacts on agricultural land. We include this listing. Local ordinance requires additional setback and lot area to buffer between agricultural and residential uses. We see no such setbacks on the maps. What specifically does the ordinance require? Will a buffer be required? We suggest that the buffer be required of the new development rather than of the existing adjacent farmland. Air Quality Impacts The City violated CEQA by using a list of projects to estimate cumulative air quality impacts. The "list" method was over -ruled in CBE v. California Resource Agency, 103 Ca1.App. 4" 98, 122 (2002), pursuant to which a lead agency may not limit its analysis of cumulative impact to a list of projects that are likely to be implemented in the project's vicinity. The City was required to access the project's potential cumulative impact based on all categories of documents listed in CEQA Guidelines section 15130(b)(1)(B)2. Regarding the cumulative impacts of this and other potential projects in the area, we note that the ND for this project states, "The Air Quality Analysis concludes cumulative impacts to be less than significant since there are no individual significant adverse air quality related effects". They seem to be saying that if project specific impacts do not meet the significance threshold, then there is no cumulative impact. This contradicts the very meaning of cumulative impacts. The State CEQA Guidelines state, "15355(b) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time." We note that the nearby Old River Ranch project proposes development of 1853 acres into urban use (7000+ dwelling units). These 7000+ houses were not considered in the cumulative impact study. The ND for the nearby GPA/ZC 05-0942 lists an additional 6432 housing units proposed to be built in the vicinity, most of which were also not considered. Cumulative impacts to air quality must be acknowledged and quantified. Even with the minimum input for the study, cumulative impacts were acknowledged to be five times the SJVAPCD significance thresholds for NOx and ROG. The ND is deficient in its discussion of cumulative air quality impacts. To get some idea of the extent of this cumulative impact, we refer to a DEIR done for a project in Northeast QkgAKic9N T � m J J OR;u.tvAL Bakersfield. Since growth in SW Bakersfield is occurring at approximately the same rate as in NE Bakersfield, results of the computations should be similar. Specifically, we compute ROG and NOx emissions from the residential projects listed in Appendix I of the Tract 6352 DEIR. We assume that all these projects adopt mitigation measures that would reduce project emissions to 10 tons/year each of ROG and NOx so as not to exceed the SJVAPCD significance threshold. Using the results of the Air Study in the Tract 6352 DEB2, each house in this project will be responsible for emitting approximately .025 tons/year of each of ROG and NOx through area source and operational emissions. A similar project of 400 houses would thus emit 10 tons/year of each of ROG and NOx. We assume that projects of less than 400 houses would not be subject to such mitigation measures since they would not exceed the SJVAPCD significance threshold. In those projects larger than 400 houses, mitigation would only apply to houses in excess of 400; hence these larger projects would still emit 10 tons/year each of NOx and ROG. Then there would still be 7252 houses listed in Appendix I that would not be accounted for through these mitigation measures. These unmitigated 7252 houses would emit approximately 180 tons/year of each of ROG and NOx. In our opinion, this long-term conservative estimate of 180 tons/year of each of ROG and NOx emissions is a significant cumulative impact applicable to SW Bakersfield. (There are at least twice as many housing units in the pipeline for SW Bakersfield; the numbers should at least be doubled.) This impact should be mitigated, can be mitigated, and is not. Effective mitigation measures are available. One possibility is for the developers to pay an air quality mitigation fee that would be used to fund air pollution reduction projects that would offset the pollution associated with these developments. We note that the Metropolitan Bakersfield General Plan Update EIR suggests such a fee as potential mitigation. The SJVAPCD has also suggested adoption of an Air Quality Mitigation Fee (GAMAQI, pages 57 and 58) as potential mitigation for air quality impacts. In addition, a number of developers (e.g., Tracts 6137, 6191, 6234, 6148, 6149, and 6351) in the City of Bakersfield in private settlements have agreed to a $1200 per house Air Quality Mitigation Fee to be used to fund pollution reduction projects. Given appropriate planning and appropriate nexus, the proposed fee could very well he feasible and could very well meet the statutory requirements for a mitigation measure in the same way that the Transportation Impact Fee meets such requirements. A second possible mitigation measure would incorporate as a condition of development a requirement that the developer directly fund pollution reduction projects that would completely offset the pollution associated with the projects (so as to mitigate cumulative impacts). There are a number of other possible mitigation measures. For example, the SJVAPCD, in its letter for this project, lists a number of site design measures (photovoltaic cells, bikeways, passive solar design, bus turnouts, energy efficiency, catalyst equipped diesel construction equipment, Tier II engines, Air Quality Mitigation Agreements, etc.) that would reduce air quality impacts and which should be explored in an FIR and required as conditions of development for this project. "Smart growth" policies such as planning for walkable communities, mixed use, and transit-oriented development should also be explored. In addition, several developers have recently agreed to participate in an Emissions Reduction Program through the SJVAPCD. Through this program, developers promise to completely offset the emissions associated with their project. If the details reflect this promise, if the developers carry through, and if citizens are given adequate opportunity for input, we will see this program as real progress in helping to clean our air. Post-Regulation VIII construction-related emissions have not been added into the total project emissions. The developer's consultant will argue that construction emissions are temporary and should therefore be ignored. We would counter that construction is ongoing and o``8AKF9N � m u L OR;3,tvA unceasing with approximately 4000 or more houses per year being built in the Metropolitan Bakersfield area, that post -Regulation VIII construction emissions are very real and very significant contributors to our severe air pollution problem, and that we should be facing up to them rather than habitually ignoring them. Environmental impacts must be mitigated when feasible measures are available; just because effective mitigations used elsewhere are not specified or discussed in the GAMAQI doesn't mean the lead agency can ignore them, and cost alone is not sufficient to deny full, substantive evaluation of available mitigations. Onroad and offroad emission control aftertreatments are available for NOx and PMIO reductions to reduce impacts of construction diesels and of diesels that will work at or travel to/from the development once it is completed. There should be a comprehensive listing and review of mitigations that are not "facially infeasible", and the discussion should not be limited to mitigations that are directly or implicitly conditioned within the GAMAQI. The Sacramento air basin has essentially the same development -related vehicle fleets and vehicle operation parameters as those in Bakersfield. A scraper used to grade the development studied here is essentially the same type, horsepower, vintage, and emission level as used to grade a project in Sacramento, and grading practices in valley soils are similar from north to south. Sacramento's requirement for 20% NOx reduction and 45% PMIO reduction, based on a fleet average emission level for each type of construction equipment is feasible and reasonable based on 3 years of experience there. Bakersfield should adopt a similar requirement. With respect to construction related PMIO emissions, GAMAQI states, -PM- 10 may have cumulative local impacts, if for example, several unrelated grading or earth moving projects are underway simultaneously at nearby sites." (p. 53). Given that a large number of area projects are currently in the pipeline, it is likely that some of them will be built simultaneously. Cumulative impact studies of construction related emissions of PMIO should he included. Clearly, cumulative air quality impacts are significant, and an EIR should be prepared for this project. A number of dairies are proposed for the area new this project or are already in operation within several miles of this project. What effect will these dairies have on future residents' air quality? The Metropolitan Bakersfield General Plan Update EIR did not sufficiently address the cumulative impacts to air qualityfrom projects in this area. This EIR contains little specific information and no quantitative analysis of the impacts to Southwest Bakersfield. There are several references in the General Plan Update EIR to potential mitigation measures that as of this date have not been implemented. Please note our comments on this issue that were presented earlier to the Planning Commission and which are already in the record of Tract 6137. Biological Resources The fact that the property lies within the MBHCP area does not relieve the City of the need to assess the impact of the project on biological resources. No such study has been done. Pursuant to CEQA, the lead agency, in this case the City, may not limit its analysis of the project's potential impact on species that are listed pursuant to the federal and state law; the City has a separate and ongoing responsibility under CEQA also to consider the project's potential impacts on species which, although o,�OpKF � s OR;G,NAL not listed as threatened or endangered, may nevertheless require additional protection by virtue of being rare or otherwise in danger of extinction in the region (CEQA Guideline 15380). The burrowing owl fits this description. The ND's analysis of the project's potential impact on wildlife movement corridors is non-existent. The ND's contention that the project will have no significant impact on wildlife movement corridors is based on the fact that the project lies within the boundaries of the MBHCP but not within the Kern River corridor. It is clear that the authors have not conducted any independent investigation of the project site to determine whether the site is used for movement of native species. As such, their contention is not supported by substantial evidence. Traffic Impact Study While the traffic generated by this proposed project would probably be easily absorbed into existing streets if this were the only project in the area, we are aware of thousands of new residences proposed for the immediate vicinity. We note that the adjacent Old River Ranch project proposes development of 1853 acres into urban use (7000+ dwelling units) and the ND for the nearby GPA/ZC 05-0942 lists an additional 6432 housing units proposed to be built in the vicinity. The cumulative impact of this growth could be severe. The Negative Declaration contains no discussion of these traffic -related issues. Given the existing traffic congestion in the Southwest, we suggest that the cumulative impact of this project on traffic could easily be considerable. Will the transportation impact fee that will be imposed on this project generate enough funding to mitigate the approximately 2400 vehicle trips per day by the 253 new residences? What evidence is there that the fee is large enough to cover the cost of improvements necessary to deal with the cumulative impact to traffic? Clearly, collecting the Traffic Impact Fee will not, in and of itself, alleviate the existing and future traffic congestion in the Southwest. How will the projects funded with the fees from this development mitigate the additional traffic congestion potential associated with the project? How will the projects funded with the fees from this development alleviate the existing traffic congestion in the Southwest? Improved public transportation could help solve our air quality and traffic congestion problems. Will there be regular bus service to the project? Are bus pullouts designed into the project? Will there be a park and ride facility? Are new highways being designed to allow for future light rail? We think that the project should incorporate all these design features. The DPEIR for the adjacent Old River Ranch project predicts that a number of intersections and roadway segments will operate below LOS C in 2030 even with full expansion per current standards. On page 150 of the Traffic Study for the Rosedale Ranch project, it is determined that ten intersections and five roadways in Northwest Bakersfield will operate below LOS C in 2030 even with full improvements. This is in conflict with the Metropolitan Bakersfield General Plan (MBGP), and it threatens to significantly degrade the quality of life in our community. In our opinion, this is not acceptable. Either (1) measures that would address and solve the problem should be studied and implemented, or, if the public is expected to accept this degradation, (2) the General Plan Circulation Element should be updated to reflect these lowered expectations. It is vital that the public be aware, involved, and accepting of this major impact of development. An EIR should make recommendations toward this goal. OR;,' NAl Public Services and Utilities The ND omits consideration of requiring solar photovoltaic panels on the residences to generate electricity from the abundant Bakersfield sunlight. In addition to air quality and other societal benefits, solar photovoltaic panels on the residences could generate enough electricity to help mitigate the stated need to build upgraded electrical facilities. New houses should be situated and designed to accommodate photovoltaic panels (and designed to maximize energy efficiency). The NO should discuss global climate change resulting from CO2 emissions. The use of solar photovoltaic panels can offset CO2 emissions from electrical power plants. Many other projects in Bakersfield have agreed to at least offer photovoltaics to the buyer as an option (e.g., Tracts 6137, 6234, 6197, 6252, several Castle & Cook projects). The San Joaquin Valley Air Pollution Control District (SJVAPCD) in its letter on other projects has recommended installation of photovoltaic cells. An EIR should discuss this possibility. The NO contains no analysis of the fiscal impact of the project on our community. The DEIR for the Rosedale Ranch project computes that the cost to schools of that project will be $3.73 per square foot of single-family residential development, and we suspect that a similar number holds for this project. The developer is only required to pay $2.24 per square foot of such development. How will the additional $1.49 be financed? The fiscal impact of the project on schools and other public necessities could have a significant bearing on public and decision -maker judgments and should be included in an EIR. The fiscal analysis for an EIR should incorporate analysis of the statistics relating to workdays lost and deaths per year due to air pollution. Although the Urban Water Management Plan is currently being updated, we note that the existing plan may not cover the project area. Given the other projects in the area (many of them very large), what will be the cumulative impact of all this growth on water supply? Without an Urban Water Management Plan, we feel that this cumulative impact is not being addressed. In its letter of May 19, 2005, on the Rosedale Ranch project, the Kern County Waste Management District listed this project as one of a number of large projects that contribute to the cumulative impact of growth on the Shafter Wasco Sanitary Landfill. They state that the Rosedale Ranch project "should be rated as cumulatively significant for solid waste impacts' Clearly, the cumulative impact of this project on waste management is also significant. An EIR should explore this issue and should list methods of mitigating this impact. The ND does not discuss the impact of requiring one or more on-site residential recycling facilities within the project. Such a requirement would help reduce the waste stream from this large project. This impact should be discussed in an EIR. If the project is approved, the City should explain it's reasoning in a project -specific Statement of Overriding Considerations. Although CEQA allows lead agencies to "tier" to other environmental documents where appropriate, it also requires lead agencies to make a statement of overriding consideration specifically tied to the project whenever a project will have significant unavoidable impacts. Communities for Better Environment v California Resource Aaencv ("CBE") 103 Cal. App. 4'^ 98, 124 (2002). This requirement is explicitly stated in PRC §21081, which mandates that whenever a lead agency approves a project with significant environmental impacts that are o�eAKF9u' T m u ORiG,tvAL unavoidable or immitigable, it must find that "specific overriding economic, legal, social, technological or other benefits of the project outweigh ... the effect ... "Id., at subsection (b), cited in CBE, supra (emphasis in original). Conclusions: The Negative Declaration for GPA/ZC 05-0943asserts that there are "no impacts that would be defined as individually limited but cumulatively considerable." In the past, planners have asserted that the General Plan Update EIR contains all the information that you as decision -makers and that the public as residents need to know. Given the information above about this project and the large projects in the vicinity either approved or in the approval process, clearly cumulative impacts to farmland loss, air quality, biological resources, public services and utilities, and traffic are significant. The General Plan Update EIR is sadly lacking in quantifying cumulative air quality impacts and in drawing conclusions from what little data it contains. It is a vital concern that these cumulative impacts will further deerade the community's abysmal air quality, already some of the worst in the nation and out of compliance with federal and state laws. Additionally, the cumulative effects of new We ask that you require that a full EIR he done for this project. Sincerely, Gordon L. Nipp okgAKF9� T r J J OF63AAL February 6, 2007 City Council City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 Re: GPA/ZC 06-0925 Dear Council Members The Siena Club has a number of comments and questions about the proposed GPA/ZC 06-0925. We think that a full-fledged EIR should be done for this project. In the details below, we give substantial evidence that the Negative Declaration (ND), even with the added studies, does not adequately address the many issues associated with this project. Agricultural Land Conversion The Negative Declaration (ND) admits that the project is to be built on prime farmland, specifically on 60 acres of Kimberlina fine sandy loam with two water wells on site. Nevertheless the ND manages to conclude that the effect of converting this prime agricultural land to residential use is "less than significant." While the City's argument is creative, the project will clearly convert prime agricultural land to urban use. The 60 acres involved here would probably be of little concern if this were the only project in the area, but the cumulative effect of the many area projects' agricultural land conversion is considerable. The California Department of Conservation in its February 7, 2005, letter on GPA/ZC 04-0057 states, "When viewed microscopically, the conversion represented by this project in isolation appears small; yet combined with the rapid pace of conversion in the County, we find the impact to be cumulatively considerable." A full EIR should thoroughly discuss this cumulative effect. The City argues that because the project converts less than 100 acres of prime farmland, it is less than significant in terms of agricultural impact. The City has used this reasoning for many other projects; e.g., GPA/ZC 05-0942, GPA/ZC 05-0943, GPA/ZC 05-0476, GPA/ZC 05-0743, and others, all less than 100 acres in size. In our opinion, the project -specific and the cumulative impact on farmland loss of this and these many other smaller projects is considerable and significant. This is also the opinion of the California Department of Conservation in their November 16, 2005, letter on the above projects (GPA/ZC 05-0942, etc.) and in their lune 3, 2005 letter on GPS/ZC 05-0338. Among other things, they state, "The Department is not aware of a 100 -acre threshold of significance for agricultural impacts, either by Department authority or within CEQA statute or regulation. If the City has such a threshold, it should explain its derivation, rationale, supporting okgAKF9N r m J J evidence and authorization by the City Council or administration. Otherwise, the City's apparent use of an unsupported threshold of significance is contrary to CEQA guidelines." We incorporate the above-mentioned Department of Conservation letters by reference. The EIR should discuss the need for this project? Agricultural Conservation Policy No. 14 of the Metropolitan Bakersfield General Plan requires, among other things, evaluation of "demonstrated project need" when converting agricultural lands to non-agricultural use. To this end, the Negative Declaration for this project states that this project will provide "housing to accommodate the projected population growth in the MBGP area" and that this project is a `logical expansion of residential development." How do these general statements provide evidence that there is a need for this project? Substantial evidence for the need for this project should provide statistics that would answer the following questions: What is the projected population growth in the MBGP area? How much of this projection has already been met by housing constructed since the projection was made? How many other housing projects in Metropolitan Bakersfield have already been approved but have not yet been built? How many are in the pipeline? How many projected housing units are in these approved or anticipated but as yet unbuilt projects? In the past several years, the Metropolitan Bakersfield area has experienced rapid growth. Where are the new citizens coming from? Where are they working? Housing sales seem to have leveled off at this writing. Why would we expect there to be a need for the additional 218 housing units in this project? In attempting to demonstrate the need for the nearby 92-acre GPA/ZC 06-1014 project, the Negative Declaration for that project notes that the MBGP anticipates 37,000 housing units will be needed in the next 15 years. How many housing units have been approved already since the MBGP was approved? If the number of already approved units in the Metro area is close to 37000 or greater than 37000, we would suggest that there would be very little need for either GPA/ZC 06-1014 or GPA/ZC 06-0925. The same GPA/ZC 06-1014 Negative Declaration notes that 13,000 housing units are needed in the SW center area. We remark that the nearby Old River Ranch project is planning to build 7000+ units, that the Ashe Annexation project will build 2300+ units, that the West Ming project will build 7000+ units, and that there are already many other SW projects on the books. Even these numbers add up to more than 13,000. If these numbers are accurate, how can there still be need for GPA/ZC 06-09259 In addition, the Kern County Housing element identifies a need for 3685 housing units in the southern San Joaquin Valley. We remark that the adjacent Old River Ranch project is planning to build 7000+ units, almost twice as many as the ND says is identified in the Kern County Housing Element, and this does not even consider the many other area projects. The need for this project has not been demonstrated. The Agricultural Conversion Study for the 92-acre GPA/ZC 06-1014 states, "The project represents the conversion of 6.3% of Agricultural Lands found in the MBGP area." Assuming that these statistics are correct, the 60-acre project at hand would then convert approximately 4% of farmlands in the MBGP area. How does it follow that converting one of every twenty-five acres of farmland is not significant? There is no substantial evidence for this conclusion. The Metropolitan Bakersfield General Plan states that it is policy to "protect areas designated for agricultural use ... from the encroachment of residential and commercial subdivision development activities." There are a number of possible agricultural land conversion mitigation measures that should be explored for this project. The California Department of Conservation has stated, "The Department encourages the use of agricultural conservation easements on land of at least equal quality and size as partial compensation for the direct loss of agricultural land." The feasibility of this sort of okgAKF9� T � m J J oR;a,nnt mitigation is well established since a number of projects elsewhere in California have used agricultural conservation easements as partial mitigation for the conversion of prime agricultural land to housing. We incorporate by reference a portion of a court-ordered EIR addendum for a project in the City of Elk Grove with a discussion of agricultural conservation easement requirements and their costs in other parts of California, included in our September 15, 2005, comments on GPA/ZC 05-0476. In addition, the Department of Conservation has available a listing of 37 `conservation tools' that have been used to conserve or mitigate project impacts on agricultural land. We included this listing in our comments on GPAIZC 05-0476, and we incorporate them here by reference. We remark that Sequoia Riverlands Trust is expanding into Kern County and will soon be able to serve as a holding agency for farmland conservation easements. The California Department of Conservation has indicated willingness in the past to act as an intermediary for farmland conservation easements. A number of projects in California (including several in Kem County) have agreed to fund agricultural conservation easements and /or to establish a local agricultural land conservancy as partial mitigation for such conversion (e.g., Old River Ranch in SW Bakersfield, Lent Ranch in Elk Grove). We recommend a per acre agricultural land conversion fee program, and we would suggest contacting the Sequoia Riverlands Trust as a possible holding agency for such easements. We suggest as well that the EIR explore the potential for requiring that a farmland preservation fee be paid by the seller or buyer to an appropriate entity (California Department of Conservation, a land trust, etc.) whenever a residence on this property is sold in the future. This transfer fee would serve as ongoing funding for farmland preservation projects and would serve as partial mitigation for loss of the prime agricultural land on this property. Although CEQA allows lead agencies to "tier" to other environmental documents where appropriate, it also requires the agency to prepare a subsequent EIR when there is such "new information of substantial importance." We have presented substantial evidence that there are now feasible mitigation measures that considerably reduce the impacts of farmland conversion that were previously dismissed as infeasible. The City should prepare a project -specific EIR. Air Quality Impacts We note that the nearby Old River Ranch project proposes development of 1853 acres into urban use (7000+ dwelling units). Most of these 7000+ houses were not considered in the cumulative impact study. Cumulative impacts to air quality must be acknowledged and quantified. Even with the minimized input for the study, cumulative impacts were acknowledged to be fifteen and eighteen times the SJVAPCD significance thresholds for NOx and ROG, respectively. Air pollution associated with the project should be completely mitigated, perhaps by funding air pollution reduction projects sufficient to completely offset the air pollution associated with this project. While this project will likely be subject to the ISR rule, newly adopted by the SJVAPCD, we note that ISR will not completely offset the air pollution associated with this project. The Building Industry Association recently filed suit against the ISR rule. In the situation that the ISR mle is overturned or weakened, we would suggest that the City and the developer nevertheless commit to completely mitigating the air pollution associated with the project. In any case, ISR mitigates only 50% of NOx and PM10 emissions and does not mitigate ROG emissions at all. The EIR should determine mitigation measures for the remaining 50% of NOx and PM 10 emissions and for all the ROG emissions. We note that the Metropolitan Bakersfield General Plan Update EIR suggests a fee be used to fund air pollution reduction projects as potential mitigation. The SJVAPCD has also suggested adoption of an o�gAKF9u, T r J J Ort u.NAL Air Quality Mitigation Fee (GAMAQI, pages 57 and 58) as potential mitigation for air quality impacts. In addition, a number of developers (e.g., Tracts 6137, 6191, 6234, 6148, 6149, and 6351) in the City of Bakersfield and several in Kern County in private settlements have agreed to a $1200 per house Air Quality Mitigation Fee to be used to fund pollution reduction projects. Given appropriate planning and appropriate nexus, a fee used to fund pollution reduction projects could very well be feasible and could very well meet the statutory requirements for a mitigation measure in the same way that the Transportation Impact Fee meets such requirements. A second possible mitigation measure would incorporate as a condition of development a requirement that the developer directly fund pollution reduction projects that would completely offset the pollution associated with the projects (so as to mitigate cumulative impacts). There are a number of other possible mitigation measures. For example, the SJVAPCD, in letters on other projects (e.g., the letter of March 1, 2005, included in the City's GPA/ZC 05-0403 Negative Declaration), lists a number of onsite design measures (photovoltaic cells, bikeways, passive solar design, bus turnouts, energy efficiency, etc.) that would reduce air quality impacts and which should be explored in the EIR for this project. "Smart growth" policies such as planning for walkable communities, mixed use, and transit- oriented development should also be explored, and the concomitant pollution reduction should be quantified. In addition, several developers (including the West Ming project and the Old River Ranch project in the City) have recently agreed to participate in an Emissions Reduction Program through the SJVAPCD. Through this program, developers promise to completely offset the emissions associated with their project. If the details reflect this promise, if the developers carry through, and if citizens are given adequate opportunity for input, we will see this program as real progress in helping to clean our air. The Kern COG conformity analysis was based on the existing zoning designation data for the project site. Since this project would require a change in zoning, the underlying assumptions for the conformity analysis applicable to the project site will be changed. The current Kern COG conformity analysis for the project site will not be applicable and should not be used to underwrite the cumulative impact of this project. Environmental impacts must be mitigated when feasible measures are available; just because effective mitigations used elsewhere me not specified or discussed in the GAMAQI doesn't mean the lead agency can ignore them, and cost alone is not sufficient to deny full, substantive evaluation of available mitigations. Onroad and offroad emission control aftertreatments are available for NOx and PM 1O reductions to reduce impacts of construction diesels and of diesels that will work at or travel to/from the development once it is completed. There should be a comprehensive listing and review of mitigations that are not facially infeasible, and the discussion should not be limited to mitigations that are directly or implicitly conditioned within the GAMAQL The Sacramento air basin has essentially the same development-related vehicle fleets and vehicle operation parameters as those in Bakersfield. A scraper used to grade the development studied here is essentially the same type, horsepower, vintage, and emission level as used to grade a project in Sacramento, and grading practices in valley soils are similar from north to south. Sacramento's requirement for 20% NOx reduction and 45% PM IO reduction, based on a fleet average emission level for each type of construction equipment is feasible and reasonable based on 4 years of experience there. Bakersfield should adopt a similar requirement. With respect to construction related PM10 emissions, GAMAQI states, "PM-10 may have cumulative local impacts, if for example, several unrelated grading or earth moving projects are underway simultaneously at nearby sites." (p. 53). Given that a large number of area projects are currently in the pipeline, it is likely that some of them will be built simultaneously. Cumulative impact studies of construction related emissions of PMIO should be included. oFBANF91P m r m J J ORL;,hAL Clearly, cumulative air quality impacts are significant, and an EIR should be prepared for this project. The adverse impact of our terrible air quality on human health is well documented. For example, there are 13,296 asthma attacks per year in Kern County that can be attributed to PM10 at current levels (Environmental Working Group, 2001). In spite of the additional air pollution generated by this and other projects in the area, the ND for this project erroneously concludes that the project "would not adversely impact human beings, either directly or indirectly". Other than some standard grading and construction measures, we find no mitigation measures that deal with construction emissions or with area source and operational emissions or the cumulative effects of this project. It should be noted that the General Plan Update EIR, sometimes used to justify the above assertion, contains no discussion of specific health effects of air pollution and no references to the medical literature. Since our air is already some of the dirtiest in the nation and since we have recently gone from "severe" to an "extreme" ozone nonattainment rating, we suggest that the City acknowledge the public health risk of increased development and devise strategies to lower the risk. The Metropolitan Bakersfield General Plan Update EIR did not sufficiently address the cumulative impacts to air qualityfrom projects in this area. This EBR contains little specific information and no quantitative analysis of the impacts to Southwest Bakersfield. There are several references in the General Plan Update EIR to potential mitigation measures that as of this date have not been implemented. Light Pollution Lighting for the project itself should be fully shielded so that no lighting escapes upward and little escapes horizontally to cause glare. The International Dark Sky Association (www,darksky.ora) has guidelines that would be useful as conditions of development. Some of them include the following: All lights should be full cutoff fixtures; i.e., there should be no light emitted above the horizontal and not much light (generally <4%) at angles greater than 75° above the vertical. Streetliehts should be flat -lens, full cutoff, cobrahead fixtures installed in a level position and rated as "Dark -Sky Friendly" by the International Dark Sky Association. Energy efficient sodium lamps should be used. They should be mounted at a height of 30 feet or at the lowest height allowed by applicable codes. Exterior lighting originating on a property should be limited to a maximum of 0.5 foot candles at a distance of 25 feet beyond the property lines. Advertising signs should be illuminating from above and should be off between 11 p.m. and sunrise unless the business is open to the public at that time. Biological Resources The fact that the property lies within the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) area does not relieve the City of the need to assess the impact of the project on biological resources. No such study has been done. Pursuant to CEQA, the lead agency, in this case the City, may not limit its analysis of the project's potential impact on species that are listed pursuant to the federal and state law; the City has a separate and ongoing responsibility under CEQA also to consideroF�AKF9sm JONGAAL the project's potential impacts on species which, although not listed as threatened or endangered, may nevertheless require additional protection by virtue of being rare or otherwise in danger of extinction in the region (CEQA Guideline 15380). The burrowing owl fits this description. The ND's analysis of the project's potential impact on wildlife movement corridors is non-existent. The ND's contention that the project will have no significant impact on wildlife movement corridors is based on the fact that the project lies within the boundaries of the MBHCP but not within the Kern River corridor. It is clear that the authors have not conducted any independent investigation of the project site to determine whether the site is used for movement of native species. As such, their contention is not supported by substantial evidence. Since the blunt -nosed leopard lizard (BNLL) is a "fully protected" species under California law, no take permit can be granted under the MBHCP. There has been no BNLL study for this project. Given this lack of study, we think that it is likely that this project may significantly impact this species by harming or killing individual lizards or otherwise by limiting its range. Possible mitigation could involve leaving the part of the property as open space dedicated to the BNLL or by contributing to ongoing efforts to purchase habitat to be preserved for the BNLL. Traffic Impact Study Given the existing traffic congestion in the Southwest, we suggest that the cumulative impact of this project on traffic could easily be considerable. Will the transportation impact fee that will be imposed on this project generate enough funding to mitigate the approximately 2000 vehicle trips per day by the 218 new residences? What evidence is there that the fee is large enough to cover the cost of improvements necessary to deal with the cumulative impact to traffic? Clearly, collecting the Traffic Impact Fee will not, in and of itself, alleviate the existing and future traffic congestion in the Southwest. How will the projects funded with the fees from this development mitigate the additional traffic congestion potential associated with the project? How will the projects funded with the fees from this development alleviate the existing and anticipated traffic congestion in the Southwest? Improved public transportation could help solve our air quality and traffic congestion problems. Will there be regular bus service to the project? Are bus pullouts designed into the project? Will there be a park and ride facility? Are new highways being designed to allow for future light rail? We think that the project should incorporate all these design features. The DPEIR for the nearby Old River Ranch project predicts that a number of intersections and roadway segments will operate below LOS C in 2030 even with full expansion per current standards. On page 150 of the Traffic Study for the Rosedale Ranch project, it is determined that ten intersections and five roadways in Northwest Bakersfield will operate below LOS C in 2030 even with full improvements. This is in conflict with the Metropolitan Bakersfield General Plan (MBGP), and it threatens to significantly degrade the quality of life in our community. In our opinion, this is not acceptable. Either (1) measures that would address and solve the problem should be studied and implemented, or, if the public is expected to accept this degradation, (2) the General Plan Circulation Element should be updated to reflect these lowered expectations. It is vital that the public be aware, involved, and accepting of this major impact of development. An EIR for this project should study cumulative impacts and should make recommendations toward this goal. Public Services and Utilities o` i6AKF9N T � m J U ORGAAl The ND omits consideration of requiring solar photovoltaic panels on the residences to generate electricity from the abundant Bakersfield sunlight. In addition to air quality and other societal benefits, solar photovoltaic panels on the residences could generate enough electricity to help mitigate the possible need to build upgraded electrical facilities. New houses should be situated and designed to accommodate photovoltaic panels (and designed to maximize energy efficiency). The ND should discuss global climate change resulting from CO2 emissions. The use of solar photovoltaic panels can offset CO2 emissions from electrical power plants. Many other projects in Bakersfield have agreed to at least offer photovoltaics to the buyer as an option (e.g., Tracts 6137, 6234, 6197, 6252, several Castle & Cook projects). The San Joaquin Valley Air Pollution Control District (SJVAPCD) in its letter on other projects has recommended installation of photovoltaic cells. An EIR should discuss this possibility. The ND contains no analysis of the fiscal impact of the project on our community. The DEIR for the Rosedale Ranch project computes that the cost to schools of that project will be $3.73 per square foot of single-family residential development, and we suspect that a similar number holds for this project. How large are the school fees for this project? The fiscal impact of the project on schools and other public necessities could have a significant bearing on public and decision -maker judgments and should be included in an EIR. The fiscal analysis for an EIR should incorporate analysis of the statistics relating to workdays lost and deaths per year due to air pollution. Has the Urban Water Management Plan for the area been updated? Does the existing plan cover the project area? Given the other projects in the area (many of them very large), what will be the cumulative impact of all this growth on water supply? In its letter of May 19, 2005, on the Rosedale Ranch project, the Kern County Waste Management District listed this project as one of a number of large projects that contribute to the cumulative impact of growth on the Shatter Wasco Sanitary Landfill. They state that the Rosedale Ranch project "should be rated as cumulatively significant for solid waste impacts" Clearly, the cumulative impact of this project on waste management is also significant. An EIR should explore this issue and should list methods of mitigating this impact. The ND does not discuss the impact of requiring one or more on-site residential recycling facilities within the project. Such a requirement would help reduce the waste stream from this large project. This impact should be discussed in an EIR. Smart Growth Sustainable developments should include mixed uses. There should be opportunities for jobs close to home. Infill, especially in the downtown area, should be encouraged. So as to efficiently increase density and decrease sprawl, there should be affordable housing, cluster housing, condominiums, and apartments. Each development should be required to adhere to these and other "smart growth" concepts. Is any low cost or higher density housing proposed for this project? In the interest of affordability, we think there should be. Will the project be pedestrian friendly? Will sidewalks he required on both sides of the street? Will there be pedestrian openings in walls so that residents can easily walk to many locations? Will there be trails and access from this project to trails along the Kern River9 o`r�AKe9m a ' J J Orai,ihAL Will there be commercial developments close enough so that residents can walk or bicycle to them? Are there parks close to the project? Will the new parks required as a result of this project be funded from the new, higher parks fee? Conclusions In our opinion, there are unmitigated significant project -specific and cumulative impacts of this project. If the project is approved with significant unmitigated or unavoidable impacts, the City should explain it's reasoning in a project -specific Statement of Overriding Considerations. Although CEQA allows lead agencies to `tier" to other environmental documents where appropriate, it also requires lead agencies to make a statement of overriding consideration specifically tied to the project whenever a project will have significant unavoidable impacts [Communities for Better Environment v California Resource Aeencv ("CBE") 103 Cal. App. 4'h 98, 124 (2002)(. This requirement is explicitly stated in PRC §21081, which mandates that whenever a lead agency approves a project with significant environmental impacts that are unavoidable or immitigable, it must find that "specific overriding economic, legal, social, technological or other benefits of the project outweigh ... the effect ... "Id., at subsection (b), cited in CBE supra (emphasis in original). The Negative Declaration for GPA/ZC 06-0925 asserts that there are "no impacts that would be defined as individually limited but cumulatively considerable." In the past, planners have asserted that the General Plan Update EBR contains all the information that you as decision -makers and that the public as residents need to know. Given the information above about this project and the large projects in the vicinity either approved or in the approval process, clearly cumulative impacts to farmland loss, air quality, biological resources, public services and utilities, and traffic are significant. The General Plan Update EIR is sadly lacking in quantifying cumulative air quality impacts and in drawing conclusions from what little data it contains. It is a vital concern that these cumulative impacts will further degrade the community's abysmal air quality, already some of the worst in the nation and out of compliance with federal and state laws. Additionally, the cumulative effects of new developments on traffic, agricultural land preservation, public services, and biological resources need to be acknowledged and addressed. We ask that you require that a full EIR be done for this project. Sincerely, Gordon L. Nipp o�eAKF9.m s � m uOR 3,NAL EXHIBIT D-2 9; • � B A K E R S F I E L D Development Services Department Jacquelyn R. Kitchen, Development Services Director MEMORANDUM DATE: February 21, 2019 TO: Chairman Cater and Planning Commission FROM: Kevin F. Coyle, AICP CEP, Planning Director K F(i SUBJECT: Agenda Item 6.a. 5-.-g.-Vesting Tentative Tract Map 7335 Response to Sierra Club Letter Dated 2/21/19 The attached letter from Gordon Nipp, representing the Sierra Club, was received by staff on February 21, 2019. The letter comments on several environmental impacts the Sierra Club is of the opinion that need further analysis. Staff provides the following responses to their comments. Comment I IC 11: The development is subject to an agreement with the Sierra Club to pay fees to the Rose Foundation for cumulative air quality and agricultural land conversion. Response 1 IR 1l: The agreement is a private agreement between the Sierra Club and the developer. The City is not party to the agreement and does not enforce compliance. The Sierra Club a gree ment requires the developer to offer solar photovoltaics IPV) as an option. Since Title 24 will require all new houses to have solar PV next year, it should be mandatory that this development be required to provide them. _U Compliance with State Regulation Title 24 is required at the time of building permit issuance, and verified through the plan check process. Reliance on the GPA/ZC Negative Declarations is unreasonable because they do not consider climate change, air quality, farm land loss, biological resources, light pollution and various legislation adopted since then. The comment letters submitted by the Sierra Club for GPA/ ZC 05-0943 and 06-0925 remain relevant to VTM 7335. Rte: Most of the comments stated in the 2/21/19 letter were addressed in 2005 and 2007. The City Council adopted findings that impacts would be less than significant incorporating mitigation measures, and Mitigated Negative Declarations were adopted. In response to impacts of air quality, greenhouse gas, and various air quality related legislation adopted since 2007, staff finds that the project does not result in a significant impact to warrant specific mitigation measures beyond those adopted for this project in 2005 and 2007. The San Joaquin Valley Air Pollution Control District (APCD) has adopted various rules and regulations since 2007 that apply to development separately from the gAKE9 KFC:ieng/5:\TRACTS\7335\MemoT7335 SC Responedocx PogeI l0 ST � m J OR13,NAL City's environmental review. These regulations evolved from project specific mitigation measures from the mid -2000's to APCD requirements now for all developments reducing air quality emissions addressing a wide range of air quality impacts. Development of VTM 7335 into 117 single-family residential lots on 40 acres must adhere to these regulations, and in doing so air quality impacts may be considered to be less than significant. The Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) and associated State and Federal permits remain in effect. Specific guidelines addressing urban kit fox are implemented through the MBHCP. Staff initiated preparation of a new Habitat Conservation Plan to eventually replace the MBHCP. Pursuant to ther MBHCP, blunt -nose leopard lizard (BNLL) do not occur with the southwest portion of Metro Bakersfield; therefore, no impact to BNLL would result. A Farmland Conversion Study was prepare in 2005 that concluded the change from agricultural land for urban land uses resulted in less than significant impacts. The study considered the conversion factors specified in the Metropolitan Bakersfield General Plan. In addition, staff considered conversion of the lands subject of GPA/ ZC 05-0943 and 06- 0925 (approximately 140 total acres) in relation to the approximatly 2.72 million acres of land in agricultural use in 2005. The finding that conversion of the 140 acres (of GPA/ ZC 05-0943 and 06-0925) to non-agricultural use was insignificant. The project shall comply with all lighting standards within City street rights-of-way. The developer may voluntarily apply "dark sky" principals through CC and Rs and BMC Section 17.71 whose purpose is to minimize light trespass, excessive glare, and sky glow caused by inappropriate or misaligned light fixtures. Properly designed lighting will provide the proper amount of illumination appropriate for the required task that will not cause unpleasant or adverse effects upon adjacent properties, and will enhance nighttime views of the sky. C4: City must prepare a supplemental or subsequent EIR for this project R4: In accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. The environmental impacts were adequately evaluated with the Mitigated Negative Declarations adopted for the land use entitlement applications for related GPA/ZC 05-00943 and 06-0925. These mitigation measures have been incorporated into the conditions of approval for VTM 7335, CONCLUSION: The comments submitted in the 2/2)/19 letter primarily repeat comments the Sierra Club stated in previous letters submitted for related GPA/ ZC 05-0943 and 06-0925. Staff's responses to the letters submitted for GPA/ ZC 05-0943 and 06-0925 were deemed adequate by the City Council, and the City Council's adoption of the Mitigated Negative Declarations. With the supplemental information provided above, staff recommends the Planning Commission make the finding pursuant to CEQA Section 15162 that no further enviromentol documentation is required and approve VTM 7335 as recommended. aegpKF9 mT > m City of Bakersfield • 1715 Chester Avenue •Bakersfield, California • 93301 o L oB;a,rrn EXHIBIT D-3 KERN-K-NWEAH C'IL-kPTFR P.O. Box 3357 Bakersfield, CA 93385 March 14, 2019 City Council c/o Office of the City Clerk 1600 Truxtun Avenue Bakersfield, CA 93301 Dear Council Members We are hereby appealing the decision of the Bakersfield Planning Commission on March 7, 2019, to approve Vesting Tentative Tract Map 7335 and the Mitigated Negative Declaration for the project. The Sierra Club is an international environmental organization with approximately 3.5 million members and supporters and approximately 1,600 members in the local chapter. We have submitted letters and oral comments on this project. We have an interest in any decision that might adversely affect the environment. In our opinion there are a number of harmful effects of this decision. The Mitigated Negative Declaration asserts that the cumulative impacts are less than significant. Given this project and the many projects in the vicinity either approved or in the approval process, it is clear that cumulative impacts to climate change, air quality, agricultural land conversion, and traffic are significant, We are particularly concerned that these cumulative impacts will further degrade the community's abysmal air quality, already some of the worst in the nation and out of compliance with federal and state laws. We are also concemed that the cumulatively increased traffic generated by this project and the others in the area will cause even more unacceptable congestion on the streets in the region. We suggest as well that the detrimental health effects of our dirty air have been well recognized in medical literature but have not been sufficiently addressed either in the environmental documents pertaining to this project or in any previous documents. We think that it is in the interest of public health for decision -makers at the local level to acknowledge and address the health crisis associated with the existing air pollution and with the increased air pollution from this and other projects. The City Development Services Department asserts that it is sufficient to refer to Negative Declarations dating from 2005 and 2006 in addressing cumulative impacts. We will present evidence that these documents are outdated and inadequate in their discussion of these cumulative impacts, both legally and, more importantly, as a means of informing local residents of the cumulative implications of this project. These documents contain no analysis and no mitigation whatsoever for the critical issue of climate change and greenhouse gasses o1<gAKe9N y , V J oa;a,nu associated with this project, maybe the defining issue for our species — something we should be addressing if we care at all about not leaving an overheated planet for next generations. This project will convert 40 acres of agricultural land to residential use. There are a number of possible agricultural land conversion mitigation measures that should be explored for this project. The California Department of Conservation has stated, 'The Department encourages the use of agricultural conservation easements on land of at least equal quality and size as partial compensation for the direct loss of agricultural land." The feasibility of this sort of mitigation is well established since a number of projects elsewhere in California have used agricultural conservation easements as partial mitigation for the conversion of prime agricultural land to housing. The Negative Declarations for this project are outdated and grossly insufficient as an informational document. They contain little specific information, and most of what they contain is applicable to any project anywhere. We have listed above, and in our February 21, 2019, letter on the project, a number of issues and questions that have not been addressed. Many of these omissions limit our ability to understand the issue and to comment on it. We suggest that full public disclosure is missing at this point, neglecting something that is not only in the spirit of CEQA, but which is also a requirement of CEQA. We ask the City Council to refer the project back to the planners to write a full EIR that would address these and other relevant issues. It is for these and other concerns in our written comments on this project and for others that may arise in the meantime that we appeal to the Council. Please place the Sierra Club on the distribution list for the Tract 7335 project to receive any noticing of meetings, hearings, availability of documents. We prefer electronic formatting of documents and email communications to the address below. Sincerely, Gordon L. Nipp, Ph.D. Vice -Chair 661-872-2432 o gAKF9N T v C ORIGINAL EXHIBIT D-4 If this were the only project being proposed, its impacts would be small. But thousands of new residences are in the pipeline. The City refuses to address the cumulative impacts of new development. • Cumulative impacts to climate change. Pope Francis recently said that climate change has brought our world to °the limits of suicide'. How can we in good conscience do nothing, as in this project? • Cumulative impacts to air pollution. One out of every six kids has asthma. If we care at all about the health of our community, we should be addressing the cumulative impact of these projects on air pollution. • Farmland loss. How many thousands of total acres have been lost with no mitigation? The City does a disservice to our community by refusing to address these cumulative impacts.. The two NDs that make up the project MND are thirteen and fourteen years old and are way out of date — no consideration at all of climate change, maybe the defining issue for our species. Climate -related risks to health, livelihoods, food security, water supply, sea level rise, ocean acidification, species loss and extinction, economic growth, extreme weather, and much else are projected to increase, perhaps catastrophically. We should be addressing climate change if we care at all about not leaving an overheated planet for young folks and for next generations. Send this back to the planners; have them address climate change and other cumulative impacts. CITY OF SAKEFISAELD PLANNRr G DEPARTMENT o�0AKF9N > T r m JORIO:NAf