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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; 2 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 ........ 4 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 5 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 CHANGE;