HomeMy WebLinkAboutRES NO 67-97RESOLUTION NO. 6 ? ' 9 ?
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD DECLARING IT HAS RECEIVED,
REVIEWED, EVALUATED AND CONSIDERED THE
INFORMATION CONTAINED IN THE DRAFT AND FINAL
EIR FOR THE SOUTH OF BRIMHALL ROAD PROJECT;
MAKING FINDINGS AND CERTIFYING THAT THE FINAL
EIR HAS BEEN COMPLETED IN COMPLIANCE WITH
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THE
STATE EIR GUIDELINES AND CITY OF BAKERSFIELD
CEQA IMPLEMENTATION PROCEDURES (1992). (RE:
THE SOUTH OF BRIMHALL ROAD PROJECT, GPA/ZC
NO. P96-0521, GPA/ZC NO. P96-0287, AND GPAIZC NO.
P96-0286.
WHEREAS, the Planning Commission of the City of Bakersfield in
accordance with the provisions of Section 65353 of the Government Code, held a
public hearing on MONDAY, MARCH 17, 1997 and THURSDAY, MARCH 20, 1997, on
the proposed amendment to the Land Use Element, Circulation Element and the Kern
River Plan Element of the Metropolitan Bakersfield 2010 General Plan and related Zone
Changes, notice of the time and place of hearing having been given at least forty five
(45) calendar days before said hearing by publication in the Bakersfield Californian. a
local newspaper of general circulation; and
WHEREAS, such Environmental Impact Report is for Concurrent GPA/ZC
P96-0521, Concurrent GPA/ZC P96-0286, and Concurrent GPA/ZC P96-0287 as
follows:
General Plan Amendment No. P96-0521
Castle and Cooke California Inc., has applied to amend the Land Use Element
of the Metropolitan Bakersfield 2010 General Plan consisting of a change as
follows: General Plan Amendment to LR on 30.73 acres, located south of
Brimhall Road to the city adopted alignment of the Kern River Freeway/Rio
Bravo Canal, between Allen Road and Calloway Drive; and
Amendment of the Circulation Element of the Metropolitan Bakersfield 2010
General Plan to delete Old Farm Road as a collector, located % mile east of
Allen Road, between Brimhall Road and Stockdale Highway; and the deletion of
the collector which runs parallel along the north side of the city-adopted
alignment of the Kern River Freeway between Allen Road and Verdugo Lane;
and
Zone Chanqe No. P96-0521:
Zone Change to R-1 (one family dwelling) zone on 415.86 acres and R-1 CH (one
family dwelling) zone on 7.57 acres, located south of Brimhall Road to the city
adopted alignment of the Kern River Freeway, between Allen Road and Calloway
Drive; and
General Plan Amendment No. P96-0286
Castle and Cooke California Inc. has applied to amend the Land Use Element
of the Metropolitan Bakersfield 2010 General Plan consisting of a change as
follows: General Plan Amendment to LR on 79.43 acres and to OS-P on 8.47
acres within the 87.9 acre project site located south of Stockdale Highway to the
Cross Valley Canal, east of Allen Road. Removal of approximately 87.9 acres of
land from the Kern River Plan Element, located south of Stockdale Highway to
the Cross Valley Canal, east of Allen Road; and
Zone Change No. P96-0286:
Zone Chan§e to R-1 (One Family Dwelling) zone on 79.43 acres and to OS
(Open Space) zone on 8.47 acres located south of Stockdale Highway to the
Cross Valley Canal, east of Allen Road; and
General Plan Amendment No. P96-0287
Castle and Cooke California Inc., has applied to amend the Land Use Element
of the Metropolitan Bakersfield 2010 General Plan consisting of a change as
follows: General Plan Amendment to HMR on 22.46 acres, GC on 23.48 acres,
OS-P (Parks) on 1.43 acre and LR on 198.63 acres, located north of Stockdale
Highway to the Rio Bravo Canal/Kern River Freeway alignment, east of Allen
Road; and
Zone Chan{je No. P96-0287:
Zone Change to R-1 (One Family Dwelling) zone on 198.63 acres, to R-2
(Multiple Family Dwelling) zone on 22.46 acres, to C-2 (Regional Commercial)
on 23.46 acres and to OS (Open Space) on 1.43 acre located north of Stockdale
Highway to the Rio Bravo Canal/Kern River Freeway alignment; and
WHEREAS, for the above-described projects, an Initial Study was
conducted and it was determined that the proposed project would have a significant
effect on the environment and an Environmental Impact Report was prepared in
accordance with CEQA; and
WHEREAS, in order to provide greater public participation, all those
property owners within 300 feet and all those who requested notification at the Planning
Commission public hearing to receive comments on the DEIR on January 16, 1997,
were noticed individually of the availability of the Draft Environmental Impact Report
(DEIR), and this public hearing; and
WHEREAS, the environmental record prepared in conjunction with the
project includes the following:
1. The Draft and Final Environmental Impact Report;
2. All staff reports, memoranda, maps, letters, minutes of meetings,
and other documents prepared by the consultants relating to the project;
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3. All testimony, documents, and evidence presented by the City and
consultants working with the city relating to the project;
4. The proceeding before the Planning Commission relating to the
project and DEIR, including testimony and documenting evidence introduced at the
public hearings; and
5. Matters of common knowledge to the City Council which it
considers including but not limited to, the following:
The City of Bakersfield Metropolitan Bakersfield 2010
General Plan;
City of Bakersfield Zoning Ordinance;
City of Bakersfield Municipal Code; and
Other formally adopted policies and ordinances of the city.
WHEREAS, the Draft Environmental Impact Report was subject to a forty
five day review period in accordance with Section 15087 of the California Code of
Regulations; and
WHEREAS, the public hearing on the DEIR was held during the latter half
of the public review period as is required by the City of Bakersfield CEQA
Implementation Procedures (1992); and
WHEREAS, the notice of preparation was sent to all agencies having any
involvement in this project per Section 15086 of the California Code of Regulations; and
WHEREAS, notice of the public hearing was given to all commenting
agencies as is required by the City of Bakersfield CEQA Implementation Procedures
(1992) and State law; and
WHEREAS, Castle and Cooke California Inc. entered into an agreement
with the City to implement all mitigation measures identified in the environmental
analysis contained with the EIR.
WHEREAS, the Findings of Fact is support of Findings for Significant
Environmental Effects of the South of Brimhall Road Project is attached in Exhibit "A";
and
WHEREAS, the Statement of Overriding Considerations for the South of
Brimhall Road Project is attached in Exhibit "B"; and
NOW THEREFORE, BE IT RESOLVED and found by the City Council of
the City of Bakersfield as follows:
1. The above recitals and findings, together with the Statement of
Facts/Statement of Overriding Considerations attached hereto as Exhibit "B" and
incorporated herein by reference, are true and correct and constitute the Findings of the
City Council in this matter.
2. The report of the Planning Commission, including maps and all
reports and papers relevant thereto, has been transmitted by the Secretary of Planning
Commission to the City Council.
3. That Castle and Cooke California Inc. by prior written agreement
agreed to comply all adopted mitigation measures contained within the EIR.
4. Potentially Significant Impacts that have been mitigated. Exhibit
"C" describes those impacts identified by the EIR as significant. As to each of said
impacts, the City Council hereby finds that mitigation incorporated into the project avoid
impacts or mitigate impacts to less than significant level. Each of the impacts and the
facts substantiating this finding are as set forth in Exhibit "A".
5. Significant and Unavoidable Impacts. Certain environmental
impacts are considered unavoidable and cannot feasibly be mitigated to a less-than
significant level. Moreover, the project alternatives analyzed in the Final EIR would not
feasibly mitigate the impacts. These impacts are discussed in Exhibit "D".
Notwithstanding disclosure of these impacts and their partial mitigation, the City Council
elects to approve the project due to overriding considerations as set forth in the
"Statement of Overriding Considerations" attached as Exhibit "B".
6. File the Notice of Determination. Upon approval and adoption of
the project, the Planning Department is hereby directed to file a Notice of Determination
with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of
the Public Resources Code and the State CEQA Guideline adopted pursuant thereto.
7. Mitigation Monitoring Plan Exhibit "E" describes the Mitigation
Monitoring Plan, the City Council elects to approve this plan as implementation of the
mitigation measures for the South of Brimhall Road Project EIR.
......... 000 ........
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
MAY 3' 1997 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT,--~I~S, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER .____
Council of the City of Bakersfield
APPROVED MAY ? 1997
BOB PRICE ~/
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
MO:pjt
April 23, 1997
res\reir-cc
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EXHIBIT "A"
FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE SOUTH OF BRIMHALL ROAD PROJECT
INTRODUCTION
The California Environmental Quality Act (CEQA) Public Resources Code Section 21081, and
the CEQA Guidelines Section 15091 provide that:
"No public agency shall approve or carry out a project for which an environmental
impact report has been certified which identifies one or more significant effects on
the environment that would occur if the project is approved or carried out unless the
public agency makes one or more of the following findings:
a. Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant effects on the environment.
Those changes or alterations are within the responsibility and jurisdiction of
another public agency and have been, or can and should be, adopted by that
other agency.
Specific economic, social, or other considerations make infeasible the
mitigation measures or project alternatives identified in the final environmental
impact report."
Because the South of Brimhall Road Environmental Impact Report (EIR) identified significant
effects that may occur as a result of the project, and in accordance with the provisions of CEQA
and CEQA Guidelines, the City of Bakersfield hereby adopts these findings as part of the
approval of the South of Brimhall Road project and related applications.
The City of Bakersfield has prepared an EIR for the project in accordance with CEQA and
CEQA Guidelines requirements. The EIR was subject to review and approval by the City of
Bakersfield City Council. At a public hearing held on Wednesday, May 7, 1997, the EIR was
certified as adequate in accordance with CEQA procedures.
After adopting this Statement of Findings of Fact, the City of Bakersfield City Council approves
the South of Brimhall Road project. All subsequent tract maps, grading permits, mitigation
implementation, and regulatory agreements and permits will be reviewed based on the
documentation in the EIR.
MITIGATED ADVERSE IMPACTS
The potential significant adverse impacts that would be mitigated are listed below. The
Bakersfield City Council finds that these potential adverse impacts would be mitigated to a level
that is considered less than significant after implementation of the project design features and
required mitigation measures.
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 2
BIOLOGICAL RESOURCES
Signifiicant Impact
Sensitive species observed or expected onsite that would be impacted by habitat loss include:
San Joaquin kit fox, Tipton kangaroo rat, San Joaquin antelope squirrel, and blunt-nosed
leopard lizard. Direct take of these special-status species may result from grading of the
approximately 84-acre parcel south of Stockdale Highway, and/or from vehicular collisions.
Findina
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
Prior to the issuance of a grading permit, the project applicant shall pay a
development fee in accordance with the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP).
Prior to the issuance of a grading permit on the 84-acre parcel south of
Stockdale Highway, the project proponent shall comply with all appropriate
terms and conditions of the MBHCP. The MBHCP requires certain take-
avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding
tracking and excavation shall be followed to prevent entrapment of kit foxes in
dens. Specific measures during the construction phase of the project shall be
implemented and include the following:
A preconstruction survey shall be conducted prior to site grading to
search for active kit fox dens.
All pipes, culverts or similar structures with a diameter of four inches or
greater shall be kept capped to prevent entry of kit foxes. If they are not
capped or otherwise covered, they will be inspected prior to burial or
closure to ensure no kit foxes, or other protected species, become
entrapped.
Excavations shall either be constructed with escape ramps or covered to
prevent entrapment.
Prior to grading within the approximately 84-acre parcel south of
Stockdale Highway, the proposed 100-foot-wide buffer zone of open
space shall be fenced off and posted during construction to prevent
damage to vegetation, burrows and nests from heavy equipment and.,
construction vehicles.
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 3
All food, garbage and plastic shall be disposed of in closed containers
and regularly removed from the site to minimize attracting kit foxes or
other animals.
Significant Impact
Implementation of the proposed project may also potentially disturb active raptor nests, which
are legally protected.
Findino
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
Prior to the issuance of a grading permit for the approximately 84-acre parcel
south of Stockdale Highway, the project applicant shall comply with the
following raptor nest mitigation:
If grading is proposed in the approximately 84-acre parcel south of
Stockdale Highway during the raptor nesting season (February-
September), a focused survey for raptor nests shall be conducted prior
to grading activities by a qualified raptor biologist in order to identify
active nests in areas potentially impacted by project implementation.
If construction is proposed to take place in the approximately 84-acre
parcel south of Stockdale Highway during the breeding season, no
construction activity shall take place within 500 feet of an active nest until
the young have fledged (as determined by a qualified raptor biologist).
Trees containing nests that must be removed as a result of project
implementation shall be removed during the non-breeding season
(October-January).
TRAFFIC AND CIRCULATION
Significant Impact
The proposed project would result in project and cumulative impacts on the operation of 22
intersections and 49 roadway segments in the study area. Each of these intersections and
roadway segments would operate at LOS D or worse in the year 2020 cumulative buildout with
the proposed project.
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 4
Findina
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant impacts on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
To reduce the project's contribution to the significant cumulative traffic impacts
on intersections and roadway segments in the year 2020, the following
mitigation is required:
Prior to the issuance of building permits, the project applicant shall
comply with the Metropolitan Bakersfield Transportation Impact Fee
Program.
The above fees shall be used to provide improvements to improve
intersections and roadway segments to an acceptable level of service
(LOS C). The following improvements are anticipated based on the fee
program.
1. Fully expand and signalize the 22 intersections listed in Table 5.3-2
of the EIR per City of Bakersfield Standard Detail "T-4".
2. Widen the 49 roadway segments in Table 5.3-3 of the EIR to the lane
configuration shown on Table 7 in Appendix D.
The proposed project includes nine site entrances resulting in eight new
intersections and one improved intersection. These intersection
improvements are not included in the Metropolitan Bakersfield
Transportation Impact Fee Program. Therefore, the project applicant will
construct the following eight new intersections and one improved
intersection. Two of the intersections (Entrance #1/Stockdale Highway
and Entrance #3/Allen Road) will require traffic signals.
· Entrance #1/Stockdale Highway
· Entrance#2/Allen Road
· Entrance#3/Allen Road
· Entrance ~4/Allen Road
· Entrance #5/Brimhall Road
· Entrance #6/Brimhall Road
· Entrance #7/Brimhall Road
· Entrance#8/Calloway Drive
· Existing Depetro Drive Entrance
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 5
NOISE
Significant ImDact
Proposed commercial land uses would be located adjacent and near proposed residential land
uses which would be exposed to varying amounts of commercial noise impacts from such
sources as air conditioning units, trash compactors, fans, compressors, and truck deliveries.
Findin_o
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
Prior to the issuance of a building permit for the proposed commercial uses, the
project applicant shall demonstrate that project commercial noise source
impacts on nearby residences are below those indicated in the City's hourly
noise level performance standards. To demonstrate commercial noise source
impacts are below the City's standards, the project applicant may need to
include project design features such as setbacks, barriers, building
location/orientation, acoustical design of buildings, etc.
Significant Impact
Development of the proposed land uses would result in a daily traffic volume increase of
approximately 39,480 tdps. In the year 2020, traffic noise levels with the project will exceed the
85 dB CNEL standard at residential locations along Stockdale Highway, Allen Road, and
Calloway Drive.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
To reduce significant traffic noise impacts at proposed project residential locations adjacent to
Stockdale Highway, Allen Road, and Calloway Drive, the project applicant shall implement the
following: ~.~ ,~,
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 6
The project applicant shall incorporate sound barriers along Stockdale
Highway, Allen Road, and Calloway Drive to reduce exterior traffic noise levels
at the proposed residences below 65 dB CNEL. Since lot design and grading
plans are not yet available, the exact height and location of barriers cannot be
accurately determined at this time. However, barriers between 6 and 8 feet
high may be required to reduce noise levels to acceptable levels.
CULTURAL RESOURCES
Significant Impact
Even though the project site contains no known archaeological or historical resources, the
absence of subsurface resources cannot be assumed. The project site is located near the
historic Kern River Slough System, an area known to have supported large numbers of the
Yokut population. Areas within close proximity to the slough system are considered to be
archaeologically and historically sensitive for cultural remains. Construction activities occurring
in this area could potentially impact unknown cultural resources.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
If cultural resources are unearthed dudng construction activities, all work shall
be halted in the area of the find. A qualified archaeologist shall be called in to
evaluate the findings and recommend any necessary mitigation measures.
Proof of compliance with any recommendations resulting from such evaluation,
if required, shall be submitted to the Southern San Joaquin Valley
Archaeological Information Center (AIC) at California State University,
Bakersfield, and to the City of Bakersfield Development Services Department.
PUBLIC HEALTH AND SAFETY
Significant Impact
Agricultural uses on and adjacent to the project site could potentially create human health
effects, particularly during the application of pesticides.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant effects on the environment.
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 7
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
· Residential uses shall observe a 50-foot setback from all agricultural zones.
Significant Impact
Development of the proposed project could result in the construction of structures over
abandoned oil wells.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
Prior to recordation of tract maps, all abandoned oil wells shall be identified,
tested for leakage, and, if necessary, re-abandoned in accordance with
Department of Oil and Gas procedures to avoid gas migration impacts.
Significant Impact
Idle and producing oil wells on the project site could result in a potentially significant public
health and safety impact due to the potential to cause injury when individuals get too close to
the equipment and its moving parts.
F nd ng
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
Prior to recordation of tract maps, all idle and producing oil wells on the project
site shall be enclosed by block walls to reduce the potential for accidents, as
required by local ordinance.
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 8
Pdor to recordation of tract maps, the project applicant shall provide setbacks
from idle and producing oil wells in accordance with the City's municipal code.
The setbacks shall be a minimum of 100 feet for residences and a minimum of
300 feet for assembly, education, and institutional occupancies.
Significant Impact
Due to the site's potential to have oil field sumps, there is a potential for contaminated soil to
exist on the project site
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
Prior to issuance of building permits, all oil-contaminated soil shall be
remediated to the satisfaction of the Local Unified Program Agency (The Office
of Environmental Services-Bakersfield City Fire Department) in conjunction with
the State Regional Water Quality Control Board and/or California Department
of Toxic Substances Control.
Significant Impact
Given that the phasing for the proposed project is not known and generally the proposed project
is expected to be constructed over a 10- to 20-year period, and given that the proposed project
includes residences that could be closer to the Rosedale Burn Dump than the proposed high
school site, migration of metals from the burn dump could occur prior to construction of
residential uses adjacent to the burn dump.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
Prior to the recordation of tract maps, the project applicant shall demonstrate
that soil on the proposed residential uses located adjacent to the Rosedale., -~--~, ~ .,..
Burn Dump is below state Total Threshold Limit Concentrations for metals
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 9
set forth in Title 22 of the California Code of Regulations. If the soil is found to
be above these concentrations, remediation (e.g., removal, extraction, bio-
remediation) shall be conducted by the project applicant for the contaminated
soils.
WATER QUALITY
Significant Impact
Construction and operation of future potential drainage sumps on the project site may affect
water quality in the Cross Valley Canal.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
Prior to the recordation of tract maps, the location of drainage sumps will be
identified. To reduce the potential for water quality impacts on the water supply
in the Cross Valley Canal, drainage sumps will be required to be located a
minimum of 300 feet from the Cross Valley Canal.
SCHOOLS
Significant Impact
The proposed project would result in a direct impact on school facilities in the project area. The
project would affect the Kern High School District and the Rosedale Union School District.
Findina
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified
in the final EIR and incorporated into the project.
To reduce potential significant affects on the Kern High School District, the
project applicant, prior to the issuance of a building permit within the project
area, will be required to pay the Kern High School District $1.42 per square foot
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 10
of assessable space (as defined in Section 65995 of the Government Code) for
each residence for the purpose of providing facilities. This amount will increase
in even numbered years according to the adjustment for inflation determined
by the State Allocation Board for Class B construction at its January meeting,
which increase will be effective as of the date of that meeting. The project
applicant will also be required to provided developer impact fees for commercial
uses. These fees will be in accordance with the Kern High School District fees
as defined in Section 65995 of the Government Code.
To reduce potential significant affects on the Rosedale Union School District,
the project applicant will be required to contribute developer impact fees for the
southern portion of the project site (areas south of the proposed alignment of
the Kern River Freeway) in accordance with Community Facilities District 92-1,
or annex the southern portion of the project site into Community Facilities
District 92-1.
PARKS/RECREATION
Significant Impact
Development of the proposed project is expected to result in a residential population of 9,633
people and result in a demand for new parks and recreational facilities. The project site is
located within the North Bakersfield Recreation and Park District which has established a
standard of providing 2.5 acres of new parks per 1,000 population. Based on the park standard,
the proposed project will create a demand for approximately 24.08 acres of parks. The project
includes approximately 9.9 acres of open space that can be utilized for park facilities.
Therefore, the proposed project would result in a potential significant impact on park and
recreational facilities.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessen to a level that is less than
significant by virtue of project design features and the following mitigation measure as identified
in the final EIR and incorporated into the project.
The project applicant will be required to dedicate approximately 24.08 acres of
land, pay a fee in accordance with the park standard, or a combination of
parkland dedication and payment of a fee.
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 11
SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS
The potential significant adverse impacts associated with the implementation of the South of
Brimhall Road project are listed below. The Bakersfield City Council finds that these potential
significant adverse impacts would be reduced with the implementation of the project-related
design features and recommended mitigation measures; however, the impacts cannot be
reduced to a level less than significant. The Bakersfield City Council is adopting a Statement
of Overriding Consideration per Section 15093 of the CEQA Guidelines.
FARMLAND CONVERSION
Significant Impact
Implementation of the proposed project will result in the loss of approximately 759 acres of
Class 1, Class 2 and Class 3 agricultural soils. Due to the importance of agricultural operations
to the area, the loss of prime agricultural land would be a significant unavoidable adverse
impact.
Finding
Specific economic, social, or other considerations make infeasible the mitigation measures or
project alternatives identified in the final EIR.
Facts in Support of Finding
No feasible mitigation measures are available to mitigate the conversion of farmland to urban
uses. Except for the No Project/No Development Alternative, the alternatives that were
analyzed in the EIR could not avoid the significant and unavoidable impact on farmlands. The
No Project Alternative was rejected from further consideration because it did not meet the
objectives of the proposed project.
Furthermore, the conversion of farmland to urban uses was discussed in the Bakersfield 2010
General Plan EIR. The General Plan identified areas planned for urban development, including
the project site, and stated that implementation of the General Plan will contribute to the
conversion of prime agricultural lands to urban uses, and will result in a reduction of the regional
agricultural economy. The EIR also stated that the impact from the conversion of farmlands to
urban uses is considered to be significant and unavoidable.
The unavoidable adverse impact on farmland is considered to be acceptable in light of the
Statement of Overriding Considerations provided herein as Exhibit "B."
Significant Impact
Implementation of the proposed project along with other development proposals will
cumulatively reduce the amount of prime agricultural land in the area. These reductions are
considered to be a significant unavoidable adverse impact.
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 12
Finding
Specific economic, social, or other considerations make infeasible the mitigation measures or
project alternatives identified in the final EIR.
Facts in Support of Finding
No feasible mitigation measures are available to mitigate the conversion of farmland to urban
uses. Except for the No Project/No Development Alternative, the alternatives that were
analyzed in the EIR could not avoid the significant and unavoidable impact on farmlands. The
No Project Alternative was rejected from further consideration because it did not meet the
objectives of the proposed project.
Furthermore, the conversion of farmland to urban uses was discussed in the Bakersfield 2010
General Plan EIR. The General Plan identified areas planned for urban development, including
the project site, and stated that implementation of the General Plan will contribute to the
conversion of prime agricultural lands to urban uses, and will result in a reduction of the regional
agricultural economy. The EIR also stated that the impact from the conversion of farmlands to
urban uses is considered to be significant and unavoidable.
The unavoidable adverse impact on farmland is considered to be acceptable in light of the
Statement of Overriding Considerations provided herein as Exhibit "B."
NOISE
Significant Impact
In the year 2020, the project would expose existing residential uses along Hageman Road
between Allen Road and Jewefta Avenue, and between Jewetta Avenue and Calloway Drive,
to noise levels that exceed 65 dB CNEL.
Finding
Specific economic, social, or other considerations make infeasible the mitigation measures or
project alternatives identified in the final EIR.
Facts in Support of Finding
Except for the No Project/No Development Alternative, the project alternatives analyzed in the
EIR would not avoid the significant and unavoidable adverse long-term readway noise impacts.
Soundwalls are not feasible or desirable along Hageman Road between Allen Road and Jewefta
Avenue, and between Jewetta Avenue and Calloway Drive because the existing single-family
residences currently front onto Hageman Road and access needs to be maintained. No other
feasible options are available. The No ProjectJNo Development alternative would not meet the
objectives of the proposed project.
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 13
AIR QUALITY
Significant Impact
Construction operations associated with the proposed project would result in emissions from
construction equipment, fugitive dust and asphalt paving. The specific mix of construction
equipment and the acreage that would be disturbed by this equipment is not presently known;
therefore, specific amounts of emissions cannot be quantified. Emissions of PM10 would not
be significant after strict compliance with SJVUAPCD's Regulation VIII; however, NOx emissions
associated with construction equipment could exceed the SJVUAPCD-recommended
thresholds.
Findincj
Specific economic, social, or other considerations make infeasible the mitigation measures or
project alternatives identified in the final EIR.
Facts in Support of Finding
Implementation of the following mitigation measures will serve to lessen or avoid project
impacts; however, the impacts would remain significant. Except for the No ProjectJNo
Development Alternative, the project alternatives analyzed in the EIR would not avoid the
significant and unavoidable adverse air quality impacts associated with construction activities.
These alternatives would result in the same or greater air quality impacts during construction
compared to the proposed project. The No Project/No Development alternative would not meet
the objectives of the proposed project.
The construction of the proposed project would result in the generation of fugitive dust.
Compliance with SJVUAPCD Regulation VIII would result in no significant fugitive dust
emissions. To ensure compliance, the following measure shall be implemented.
Prior to the approval of a grading plan for any residential tract, multiple family
project and/or commercial project, the project applicant shall submit a letter to
the City of Bakersfield Planning Department from the SJVUAPCD stating the
dust suppression measures that shall be completed during construction
activities to comply with SJVUAPCD Regulation VIII.
The construction of the proposed project would include asphalt paving. Compliance with
SJVUAPCD Rule 4641 would result in no significant ROG emissions. To ensure compliance,
the following measure shall be implemented.
Prior to the approval of a grading plan for any residential tract, multiple
family project and/or commercial project, the project applicant shall
submit a letter to the City of Bakersfield Planning Department from the
SJVUAPCD stating that measures that shall be completed during asphalt
paving will comply with SJVUAPCD Rule 4641.
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 14
To reduce NOx emissions, the following measures shall be completed:
The construction grading plans shall include a statement that all
construction equipment will be tuned and maintained in accordance with
the manufacturer's specifications.
The construction grading plans shall include a statement that work crews
will shut off construction equipment when not in use.
Implementation of the above measures will serve to substantially, but not completely, mitigate
the potential significant air quality impact during construction. The remaining unavoidable
adverse impact is considered to be acceptable in light of the Statement of Overriding
Considerations provided herein as Attachment A.
Significant Impact
Operational emissions associated with the proposed project would include utility emissions (i.e.,
stationary sources) and mobile sources. Natural gas consumption from stationary sources
associated with buildout of the proposed project is projected to generate approximately 0.72
tons/year of ROG, 10.55 tons/year of NOx and 0.04 tons/year of PM10. Operational emissions
from mobile sources would result in approximately 30.0 tons/year of ROG, 51.9 tons/year of
NOx, 7.0 tons/year of PM10 and 392.0 tons/year of CO. The project's generation of ROG and
NOx would exceed SJVUAPCD recommended thresholds for these emissions.
Findings
Changes or alterations have been required in, or incorporated into, the project which mitigate
or avoid significant effects on the environment.
Specific economic, social, or other considerations make infeasible the mitigation measures or
project alternatives identified in the final EIR.
Facts in Support of Findings
Implementation of the following mitigation measure will serve to lessen or avoid project impacts;
however, the impacts would remain significant. Except for the No Project/No Development
Alternative, the project alternatives analyzed in the EIR would not avoid the significant and
unavoidable adverse air quality impacts associated with long-term operational activities. These
alternatives would result in the same or greater long-term air quality impacts compared to the
proposed project. The No ProjectJNo Development alternative would not meet the objectives of
the proposed project.
Exhibit "A" - Findings of Fact
Brimhall Road EIR
Page 15
· The project applicant shall incorporate the following in building plans.
a. Solar or low-emission water heaters shall be used.
b. Central water heating systems shall be used.
c. Double-paned glass shall be used in all windows.
d. Energy efficient low-sodium parking lot lights shall be used.
e. One (1) bicycle rack shall be provided in each of the proposed
commercial areas.
Implementation of the above measures will serve to substantially, but not completely, mitigate
the potential significant long-term air quality impacts. The remaining unavoidable adverse
impacts are considered to be acceptable in light of the Statement of Overriding Considerations
provided herein as Exhibit "B."
MO:pjt
p:g0521-ea
Apd123, 1997
EXHIBIT"B"
STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act (CEQA) requires the lead agency to balance the
benefits of a proposed project against its unavoidable environmental risks in determining
whether to approve the project. The City of Bakersfield proposes to approve the South of
Brimhall Road project although unavoidable adverse farmland conversion, noise, and air quality
impacts have been identified in the EIR. Where these adverse impacts are mitigated, but not
to a level considered less than significant, the City of Bakersfield City Council finds that those
impacts are outweighed by the benefits of the South of Brimhall Road project. Further, the
alternatives which were identified in the EIR would not provide the project benefits, as
summarized below, to the same extent as the proposed project.
Therefore, the City of Bakersfield City Council, having reviewed and considered the information
contained in the EIR and the public record, adopts the following Statement of Overriding
Considerations which has been balanced against the unavoidable adverse impacts in reaching
a decision on this project.
1. To create a high quality, master planned residential community that allows for
the development of a variety of residential types and densities.
2. To provide a residential community that is compatible with existing and planned
land uses in the area.
3. To accommodate new development that is sensitive to the natural environment,
and accounts for environmental hazards.
4. To provide a local street network that contributes to the quality and safety of
residential neighborhoods.
To provide a range of housing types and supportive commercial development
in the Brimhall Road/Stockdale Highway area where infrastructure exists to
serve the project.
6. To provide for a development which is essentially an "in fill" project.
EXHIBIT "C"
Potentially Significant Impacts
that have been mitigated
2.
3.
4.
Biological Resources
Traffic and Circulation
Cultural Resources
Public Health & Safety
P:g0521-ec
EXHIBIT "D"
Significant Unavoidable Impacts
After implementation of the mitigation measures, farmland conversion, noise, and air
quality impacts associated with the proposed project would remain significant. These
significant unavoidable adverse impacts are:
Farmland Conversion. The project would result in the removal of prime
agricultural land.
Noise. The proposed project would result in a significant unavoidable off-site
mobile source noise impact associated with existing residences along Hageman
Road between Allen Road and Jewetta Avenue, and between Jewetta Avenue
and Calloway Drive.
Air Quality. The proposed project would result in significant unavoidable
adverse air quality impacts retated to construction emission of NOx and long-
term (i.e., mobile) emissions of ROG and NOx.
P:g0521-ed
EXHIBIT "E"
SOUTH OF BRIMHALL ROAD - MITIGATION MONITORING PLAN
Verificati0n 0f C0mp lance
Development ] Engineering
Services Services and
(Planning and Traffic Sanitation Fire Police
Mitigation Measure Building) Engineering Division Department Department Comments
BR-I Prior to the issuance of a grading permit, the Planning
project applicant shall pay a development fee in
accordance with the Metropolitan Bakersfield Habitat Approved by
Conservation Plan (MBHCP).
on
BR-2 Prior to the issuance of a grading permit on the 84- Planning
acre parcel south of Stockdale Highway, the project
proponent shall comply with all appropriate terms and Approved by
conditions of the MBHCP. The MBHCP requires certain
take-avoidance measures for the San Joaquin kit fox. on
MBHCP guidelines regarding tracking and excavation
shall be followed to prevent entrapment of kit foxes in
dens. Specific measures during the construction phase of
the project shall be implemented and include the
following:
a. A preconstmcfion survey shall be conducted prior to
site grading to search for active kit fox dens.
b. AIl pipes, culverts or similar structures with a diameter
of four inches or greater shall be kept capped to
prevent entry of kit foxes. If they are not capped or
otherwise covered, they will be inspected prior to
burial or closure to ensure no kit foxes, or other
protected species, become entrapped.
c. Excavations shall either be constructed with escape
ramps or covered to prevent entrapment.
d. Prior to grading within the approximately 84-acre
parcel south of Stockdale Highway, the proposed 100-
foot-wide buffer zone of open space shall be fenced
offand posted during construction to prevent damage
to vegetation, burrows and nests from heavy
equipment and construction vehicles.
e. AIl food, garbage and plastic shall be disposed of in
closed containers and regularly removed from the site
to minimize amacfing kit foxes or other animals.
; WJB/02160004.MMP I
SOUTH OF BRIMHALL ROAD - MITIGATION MONITORING PLAN (continued)
Services Services and
(pianning and sanitaiiOn Fire POlice
Mitigati0n Me,ute Engine~rihg Div~i6n
BR-3 Prior to the issuance of a grading permit for the Planning
approximately 84-acre parcel south of Stockdale
Highway, the project applicant shall comply with the Approved by
following raptor nest mitigation:
on
a. If grading is proposed in the approximately 84-acre
parcel south of Stockdale Highway during the raptor
nesting season (February-September), a focused
survey for raptor nests shall be conducted prior to
grading activities by a qualified raptor biologist in
order to identify active nests in areas potentially
impacted by project implementation.
b. If construction is proposed to take place in the
approximately 84-acre parcel south of Stockdale
Highway during the breeding season, no construction
activity shall take place within 500 feet of an active
nest until the young have fledged (as determined by a
qualified raptor biologist). Trees containing nests that
must be removed as a result of project implemenlation
shall be removed during the non-breeding season
(October-January).
TR-1 Prior to the issuance of building permits, the Engineering
project applicant shall comply with the Metropolitan
Bakersfield Transportation Impact Fee Program. Approved by
The above fees shall be used to provide improvements to on
tmprove intersections and roadway segments to an
acceptable level of service (LOS C). The following
improvements are anticipated b~sed on the fee program.
a. Fully expand ~nd signalize the 22 intersections listed
in Table 5.3-2 of the Draft EIR per City of
Bakersfield Standard Detail "T~.''.
b. Widen the 49 roadway segments in Table 53-3 to the
lane configuration shown on Table 7 in Appendix D of
the Draft ElK
~ ~ WJB/02160004.MMP 2
SOUTH OF BRIMHALL ROAD - MITIGATION MONITORING PLAN (continued)
DeVelopment Engineering
Services Services and
(planning and Traffic Sanitation Fire Police
Mitigation Measure Building) Engineering Division Department Department Comments
TR-2 The proposed project includes nine site entrances Engineering
resulting in eight new intersections and one improved
intersection These intersection improvements are not Approved by
included in the Metropolitan Bakersfield Transportation
Impact Fee Program. Therefore, the project applicant will on
construct the following eight new intersections and one
improved intersection. Two of the intersections {Entrance
#1/Stockdale Highway and Entrance #3/Allen Road) will
require traffic signals.
· Entrance #1/Stockdale Highway
· Entrance #2/Allen Road
· Entrance #3/Allen Road
· Entrance g4/Allen Road
· Entrance # 5/Brimhall Road
· Entrance #6/Brimhall Road
· Entrance g7/Brimhall Road
· Entrance #8/Calloway Drive
· Existing Depetro Drive Entrance
N-I Prior to thc issuance ora building pemfit for the Planning
proposed commercial uses, the project applicant shall
demonstrate that project commercial noise source impacts Approved by
on nearby residences are below those indicated in the
City's hourly noise level performance standards. To on
demonstrate commercial noise source impacts are below
the City's standards, the project applicant may need to
include project design features such as setbacks, barriers,
building location/orientation, acoustical design of
buildings, etc.
N-2 The project applicant shall incorporate sound barriers Engineering
along Stockdale Highway, Allen Road, and Calloway
Drive to reduce exterior traffic noise levels at the Approved by
proposed residences below 65 dB CNEL. Since lot design
and grading plans are not yet available, the exact height on
and location of barriers cannot be accurately determined
at this time. However, barriers between 6 and 8 feet high
may be required to reduce noise levels to acceptable
levels.
· ~ ~' WJB/02160004 .MM P 3
SOUTH OF BRIMHALL ROAD - MITIGATION MONITORING PLAN (continued)
verificafi0n 0f C0~pllance
DeVelOpment Engineering I
Services services and
(planning and Traffic Sanitation Fire Police
Mitigation Measure Building) Engineering Division : Department Departrnen~ comments
AQ-1 Prior to the approval of a grading plan for any Planning
residential tract, multiple family project, and commercial
project, the project applicant shall submit a letter to the Approved by
City of Bakersfield Planning Department from the
SJVUAPCD stating the dust suppression measures that on
shall be completed during construction activities to
comply with SJVUAPCD Regulation VIII.
AQ-2 Prior to the approval ora grading plan tbr any Planning
residential tract, multiple family project, and commercial
project, the project applicant shall submit a letter to the Approved by
City of Bakersfield Planning Department from the
SJVUAPCD stating that measures that shall be completed on
during asphalt paving will comply with SJVUAPCD Rule
4641.
AQ-3 The construction grading plans shall include a Engineering
statement that all construction equipment will be tuned
and maintained in accordance with the manufacturer's Approved by
specifications.
on
AQ-4 The construction grading plans shall include a Engineering
statement that work crews will shut off'construction
equipment when not in use. Approved by
on
AQ-5 The project applicant shall incorporate the Engineering
following in building plans.
Approved by
· Solar or Iow-emission water heaters shall be used.
· Central water heating systems shall be used. on
· Double-panned glass shall be used in all windows.
· Energy efiicient Iow-sodium parking tht lights shall be
used.
· One (1) bicycle rack shall be provided in each of the
proposed commercial areas.
~VJB/02160004.MMP 4
SOUTH OF BRIMHALL ROAD - MITIGATION MONITORING PLAN (continued)
verifieati0n Of Compliance
Development Eag!neering
Services Services and
(Planning and Traffic Sanitation Fire Police
Mitigation MeaSure Building) Engineering Division Department DePartment Comments
CR-I Ef cultural resources are unearthed during Planning
construction activities, all work shall be halted in the area
of the find. A qualified archaeologist shall be called in to Approved by
evaluate the findings and recommend any necessmy
mitigation measures. Proof of compliance with any on
recommendations resulting from such evaluation, if
required, shall be submitied to the Southern San Joaquin
Valley Archaeological Information Center (AIC) at
Calitbmia State University, Bakersfield, and to the City of
Bakersfield Development Services Department.
PHS-I Residential uses shall observe a 50-foot setback Planning
from all agricultural zones.
Approved by
on
PHS-2 Prior to recordation of tract maps, all abandoned Engineering
oil wells shall be identified, tested for leakage, and, if
necessary, re-abandoned in accordance with Department Approved by
of Oil and Gas procedures to avoid gas migration impacts.
on
PHS-3 Prior to recordation of tract maps, ail idle and Engineering
)roducing oil wells on the project site shall be enclosed
by block walls to reduce the potential for accidents. Approved by
on
PHS-4 Prior to recordation of tract maps, the project Planning
applicant shall provide setbacks from idle and producing
oil wells in accordance with the City's municipal code. Approved by
The setbacks shall be a minimum of 100 fitet tbr
residences and a minimum of 300 feet for assembly, on
education, and institutional occupancies.
PHS-5 Prior to issuance of building permits, all oil- Approved by
contaminated soil shall be remediated to the satisfaction
of the local Unified Program Agency (The Office of on
Environmental Services-Bakersfield City Fire
Department) in conjunction with the State Regional Water
Quality Control Board and/or California Department of
Toxic Substances Control.
;2 ' WJB/02160004.MMP 5
SOUTH OF BRIMHALL ROAD - MITIGATION MONITORING PLAN (continued)
verificati0n 0f Compiiance
DeVelopment Engineering
Services Services and
(Planning and TrafftC Sanitation Fire Police
Mitigation Measure Building) Engineering Division i Department DePartment Comments
PHS-6 Prior to the recordation of tract maps, the project Engineering
applicant shall demonstrate that soil on the proposed
residential uses located adjacent to the Rosedale Bum Approved by
Dump is below state Total Threshold Limit
Concentrations for metals as set forth in Title 22 of the on
California Administrative Code. If the soil is found to be
above these concentrations, remediation (e.g., removal,
extraction, bio-remediafion) shall be conducted by the
project applicant for the contaminated soils.
WQ-I Prior to the recordation of tract maps, thc location Engineering
of drainage sumps will be identified. To reduce the
)otenfial for water quality impacts on the water supply in Approved by
the Cross Valley Canal, drainage sumps will be required
to be located a minimum of 300 Peet from the Cross on
Valley Canal.
S-I To reduce potential significant affects on the Kern Planning
High School District, the project applicant prior to the
issuance of a building pemfit within the project area, will Approved by
be required to pay the Kern High School District $1.42
per square foot of assessable space (as defined in Section on
65995 of the Government Code) for each residence for the
purpose of providing facilities. This amount will increase
in even numbered years according to the adjustment for
inflation determined by the State Allocation Board for
Class B construction at its January meeting, which
increase will be effective as of the date of that meeting.
The project applicant will also be required to provided
developer impact l~:es for commercial uses. These fees
will be in accordance with the Kern High School District
fees as defined in Section 65995 of the Government Code.
S-2 To reduce potential significant affects on the Planning
Rosedale Union School District, the project applicant will
be required to contribute developer impact fees for the Approved by
southern portion of the project site (areas south of the
proposed alignment of the Kern River Freeway) in on
accordance with Communit~ Facilities District 92-1, or
annex the southern portion oPthe project site into
Community Facilities District 92-1.
';WJB/02160004.MMP
SOUTH OF BRIMHALL ROAD - MITIGATION MONITORING PLAN (continued)
Verificati0n 0f Comp!lance
DevelOpment Engineering
Services Services and
{Planning and Traffic Sanitation Fire Police
Mitigation Measure BUilding) Engineering Divis!on Department Department ~omments
P-1 The project applicant will be required to dedicate Planning
approximately 24,08 acres of land, pay a fee in
accordance with the park standard, or a combination of Approved by
parkland dedication and payment of a fee.
on
~z. WJB/02160004.MMP 7
SOUTH OF BRIMHALL RD. - EIR
LOCATION MAP
& ZONE CHANGE:
& ZONE CHANGE
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