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Home My WebLink AboutORD NO 4271 ORDINANCE NO. 'I! 7 1 AN ORDINANCE AMENDING SECTION 17.06.020 (ZONING MAP 104-23) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R·1 (ONE FAMILY DWELLING) ON 137.19 ACRES AND R·1-HD (ONE FAMILY DWELLING - HILLSIDE DEVELOPMENT) ON 465.83 ACRES AND R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 6.51 ACRES AND R-2 -HD (LIMITED MULTIPLE FAMILY DWELLING - HILLSIDE DEVELOPMENT) ON 10.51 ACRES GENERALLY BOUNDED BY THE RIO BRAVO COUNTRY CLUB PROPERTY ON THE NORTH, WITH COMANCHE DRIVE LOCATED TO THE WEST, AND BRECKENRIDGE ROAD TO THE SOUTH (ZONE CHANGE NO. 04-0853). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to prezone certain properties in the unincorporated County of Kern generally bounded by the Rio Bravo Country Club property on the north, with Comanche Drive located to the west, and Breckenridge Road to the south; and WHEREAS, by Resolution No. 98-05 on July 7,2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 04-0853 as delineated on attached Zoning Map 104-23 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact regarding the environmental impacts of the proposal and changes in zoning of the subject property from A (Agriculture) to R-1 (One Family Dwelling) on 137.19 acres and R-1-HD (One Family Dwelling - Hillside Development) on 465.83 acres and R-2 (Limited Multiple Family Dwelling) on 6.51 acres and R-2 -HD (Limited Multiple Family Dwelling - Hillside Development) on 10.51 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and, therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 98-05, adopted on July 7, 2005: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the !< ,¢MS''9 environment. An Environmental Impact Report was prepared and sent to Q ~ >- ¡;; 1 I;; ,.... " ORIGINAlc:. responsible agencies and property owners within 300 feet of the project site. An Environmental Impact Report was prepared for this project in accordance with CEQA. 4. Attached Exhibit "D" containing the "Statement of Facts and Findings" are appropriate and incorporated into the project. 5. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related to significant unavoidable impacts to aesthetics is appropriate and adopted for the project. 6. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. 7. The public necessity, general welfare and good zoning practice justify the recommended change of zone from A (Agriculture) to R-1 (One Family Dwelling) and R-1-HD (One Family Dwelling - Hillside Development) on 600-acres and R-2 (Limited Multiple Family Dwelling) and R-2 -HD (Limited Multiple Family Dwelling - Hillside Development) on 17-acres generally bounded by the Rio Bravo Country Club property on the north, with Comanche Drive located to the west, and Breckenridge Road to the south. 8. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 04-0853. 9. That Zone Change No. 04-0853, as outlined above, is hereby recommended for approval with "Conditions of Approval/ Mitigation Measures" shown on Exhibit "C" and "Mitigation Monitoring and Reporting Checklist" shown on Exhibit "F" subject to prior approval of General Plan Amendment No. 04-0853. 10. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. 2 ~ '9M~09 o ~ >- - I-' m _ r-- " <:> ORIGINAL as follows: SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. The above recitals and findings 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, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 3. The proposed project is consistent with surrounding uses. 4. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in ~;aid City, the boundaries of which property is shown on Zoning Map 104-23 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 5. Such zone change is hereby made subject to the "Conditions of Approval/Mitigation Measures" for the project as shown in Exhibit "C" and "Mitigation Monitoring and Reporting Checklist" adopted in the Final Environmental Impact Report as shown in Exhibit "F", subject to approval of GPA No. 04-0853. 6. Attached Exhibit "D" containing the "Statement of Facts and Findings" are appropriate and incorporated into the project. 7. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related to significant unavoidable impacts to aesthetics is appropriate and adopted for the project. 8. Based on the absense of evidence in the record as required by Section 21082.2 of the State of California Public Hesources Code (CEQA) for the purposes of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore must be granted a "de minimus" exemption in accordance with Section 711 of the Stafe Resources Code. Additionally the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the lead agency's decision to prepare an Environmental Impact Report. 9. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A." 3 ~ ~A/(S'~ o <!;. >- - I- m - ,... "ORIGINAl?' SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------000--------- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ~p 7 :>nne¡ by the following vote: v v' - v v ~ NOES: ABSTAIN: ABSENT: v COUNCILMEMBER COUCH. CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER 6· PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle Council of the City of Bakersfield APPROVED SEP 7 2005 HARV L. L Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: /~ m-J/ft EXHIBIT A Zoning Map 104-23 B Zone Change Legal Descriptions C Mitigation / Conditions of Approval D Statement of Facts and Findings E Statement of Overriding Considerations F Mitigation Monitoring and Reporting Checklist LP, S:\Current Planning EIRsIRio Bravo #3\staff reptslCCIPC zC.doc 4 ~ '9A./(~~ Q EXHIBIT A ZONE MAP ~ '9AK~-9 a i!;, >- - I- m - ,.. " ORIGINAC' r0w No> IN rr ';t o 90.... ~<:(o> ...~'" :.:.t-' w " ~C) ...Z °Z~ >-Ou EN~ ~ . II it; ~ -~ i I~.. ~w'i 5~~i ~ I ~..~ :'iJ. :j: "'I:' " .....I " 1 <i , t- ~ ! ~ -¡ - ~g 9t ~ 9- !; i 0 nn~~ I :tE;=it;...¡~ !i ~ ~t.r~o5"~' · ~.. ~ [ ~ ~ ~.i Ô 'f ... hL~u.;&õn.lh ~~" ~ _tl;~e&!(~¡"'í~"':'" ~~~ r .." Ji-~¡rh!I¡¡~H< .~,i, ~ fj -·!.i~ ..-; 'I¥I- v',:ti --~ ,. .. ti. "'.",,. .r~.-~~. ¡~~ _o7I..~i" !C.r~f!t'=J:..¡....~~ ... 04 t: ..... ~... t... "'" I..... we Æ ~ '! ':I ~ ~ .. is i: '"'2 . ' ~ '", a ~ "I :I ~ I Z ~ ~ i:;::a!i. ~! At fJI.': ,;:!.11 ¥ Q tr u: a i ~ ~ ~!Í ~...~::>I!!:........:!'...tI:..c.........!I a P'. I!"~ ~~ Cl- -¡ii i'i~ï~~1 i I ~ ~3 W:S'¡" ~ I.. II' It' :.=:..:: 1= ~ ~.., :. u;:¡ ...:;. *.. l:l ~:: : 2 ...... - ... *' -... ...... .,...... .. .. H xi ¡ ." ~ . If!¡;;3 i"", KW§;!...:! .i;nf-!¿. 6~'§$t!!~:: i"·BS.;ì~.~ ':~f'g8"E'" ~...,o..1 ",¥.;¡;...~õ_i . 'O.~, d 0__"<>__ ~ <L ~~ ~~~~~~~~~s~..~...ð§6~:~~~~~ ZONE CHANGE 04-0853 Q: o f- <{ ,~"OI"" HS o :Ii' ~ Q: o >- <{ ~I·""'''' -s -.--.- - !. ..,~ ""- ,~.. I!I"~ .... ~~It If :~; h~& ;~ ~~! :.~ !t.- .-" £&it' &:5" . ." ~, d;~ I~ . .' ~.' !~J' I~· =d ~I'! I::;,J .f- .",. t~. ~ .rJ; ¡·..l "g.!" f;,,~ ~ ..;;;. ~ :-.ti< - ~Ii!' .. !~! ,¡~ W~~lïJ·' ,!~ ¡ dlii ,. , .. ~. &-<' -ì' ¡-.i ,- ·-1 ~3! ¡I, ,"," § I ; ¡ qr ; ~ } ,; I Z()tING MAP I04'2~ ~¡\/(ç1> o .. ... f- ñi - ,... o ORIGINAf EXHIBIT B LEGAL DESCRIPTION Ý. 'òM~1' o ~ >- - ¡..- m _ f"- a (;) ORIGINAL ~-.._-------.----.---"---'--~---"~------.- LEGAL DESCRIPTION R-1 HD All that portion of Section 23, Township 29 South, Range 29 East, M.D.M. in the County of Kern, State of California, more particularly described as follows: Beginning at the Southeast corner of Parcel 8 of Parcel Map No. 9784 filed in Book 50 of Parcel Maps at Pages 150 through 153 in the Kern County Recorder's Office, said point lies on the East line of said Section 23, a distance of 180.00 feet from the Northeast corner of said Section 23; Thence 1) S 00°00'32" E along the East line of said Section 23, a distance of 5118,78 feet more or less to the southeast corner of said Section 23; Thence 2) S 89°39'19" W, along the South line of said Section 23, a distance of 5300,33 feet more or less to the Southwest comer of said section; Thence 3) N 00"25'46" E, along the West line of said Section 23, a distance of 3147.69 feet; Thence 4) S 71 °30'33" E, 253.44 feet; Thence 5) S 60°39'07" E, 405.11 feet; Thence 6) S 65°46'51" E, 160.36 feet; Thence 7) N 81 ·01 '51" E, 162.26 feet; Thence 8) N 58°30'21" E, 240.09 feet; Thence 9) N 43°07'23" E, 373.91 feet; Thence 10) N 46°23'22" W, 129.21 feet to the North line of the South half of the South half of the Northwest Quarter of said Section 23; Thence 11) N 89°36'00" E along said North line, a distance of 1371.94 feet to the West line of the Northeast Quarter of said Section 23; Thence 12) N 00°12'36" E along said West line a distance of 661.86 feet to the North line of the South half of the Northeast Quarter of said Section 23' Thence 13) N 89°35'20" E along last said North line a distance of 1317.51 feet to the West line of the Northeast Quarter of the Northeast Quarter of sard Section 23: Thence 14) N 00"06'02" E along last said West line, 1144.20 feet to a point on a line 180,00 feet southerly of and parallel to the North line of said Section 23; Thence 15) N 89°34'00" E along said parallel line a distance of 1315.32 feet to the POint of Beginning. Contains 46583 acres more or less '< 'òf>..K~?> o ~ >- - \- rn - ,... " <::> ORIGINAL R-2 HD All that portion of the Northwest Quarter of Section 23, Township 29 South, Range 29 East, MD.M., in the County of Kern, State of California, more particularly described as follows: Commencing at the Northwest corner of said Section 23, thence S 00°25'46" W along the West line of said Section, a distance of 1984.12 feet to the North line of the South half of the South half of the Northwest Quarter of said Section 23, said point being the True Point of Beginning; Thence 1) Thence 2) Thence 3) Thence 4) Thence 5) Thence 6) Thence 7) Thence 8) Thence 9) N 89°36'00" E, 1265.59 feet; S 46°23'22" E, 129.21 feet; S 43°07'23" W, 37391 feet; S 58°30'21" W, 240.09 feet; S 81°01'51" W, 162.26 feet; N 65°46'51" W, 160.36 feet; N 60°39'07" W, 405.11 feet; N 71°30'33" W, 253.44 feet to a point on the West line of said Section 23; N 00°25'46" E along said West line, a distance of 159.21 feet to the True Point of Beginning. Contains 10.51 acres more or less R,1 All that portion of the North half of Section 23, Township 29 South, Range 29 East, M.D.M. in the County of Kern, State of California; more particularly described as follows Beginnin9 at a point on the West line of said Section 23, from which the Northwest corner of said Section bears N 00°25'46" E, 180.00 feet; Thence 1) Thence 2) Thence 3) Thence 4) N 89°34'00" E along a line 180.00 feet Southerly of and parallel to the North line of said Section 23, a distance of 3945.97 feet to the West line of the Northeast Quarter of the Northeast Quarter of said Section 23; S 00°06'02" W along said West line, 1144.20 feet to the North line of the South half of the Northeast Quarter of said Section 23; S 89°35'20" W along last said North line. a distance of 131751 feet to the West line of the Northeast Quarter of said Section 23; S 00"12'36" W along last said West line, a distance of 611.86 feet to the North line of the South half of the South half of the Northwest Quarter of said Section 23; X 'ò (>..K~?> o <!:, >- - >- m _ r- () C) ORIGINAL Thence 5) Thence 6) Thence 7) Thence 8) S 89'36'00" W along last said North line, a distance of 1371.94 feet; N 46'23'22" W, 430.10 feet; S 83'36'38" W, 958.62 feet to the West line of said Section 23; N 00°25'46" E along last said West line, a distance of 1605.30 feet to the Point of Beginning. Contains 137,19 acres more or less R,2 All that portion of the Northwest Quarter of Section 23, Township 29 South, Range 29 East, MD.M., in the County of Kern, State of California, more particularly described as follows: Commencing at the Northwest corner of said Section 23, thence S 00'25'46" W along the West line of said Section, a distance of 1785.30 feet to the True Point of Beginning: Thence 1) Thence 2) Thence 3) Thence 4) N 83'36'38" E, 958.62 feet; S 46'23'22" E, 430.10 feet to the North line of the Soutfí half of the South half of the Northwest Quarter of said Section 23; S 89'36'00" W along said North line, a distance of 1265.59 feet to a point on said West line of Section 23; N 00'25'46" E along said West line, a distance of 19882 feet to the True Point of Beginning. Contains 651 acres more or less '\ I 5<. 'ò/>.K~~ o '!:, >- - I- m - ,... '-' <:::r ORIGINAL EXHIBIT C CONDITIONS OF APPROVAUMITIGATION MEASURES ZONE CHANGE #04-0853 DISCRETIONARY CONDITIONS: CITY ATTORNEY 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. PUBLIC WORKS The City is willing to enter into reimbursement agreements for the Public Works Department Conditions of Approval identified in Conditions No.3 and 12 below sUbject to approval of appropriate City staff and, if necessary, City Council. Reimbursement shall be predicated on subsequent development of the area benefited. 2. Prior to recordation of any subdivision or development of any portion of the project area, the developer shall construct a local street connection from Miramonte Drive (future) to the required terminus of Vernazza Street or Via Genoa at the southerly boundary of the Rio Bravo Golf Course (street connection which was reclassified from a collector street to a local street with this project). 3. Prior to recordation of any phase or development of any site within the project area, the developer shall complete construction of a street connection from existing Miramonte Drive to Chase Avenue, and between Miramonte Drive and Comanche Road along the Chase Avenue alignment. Street connections shall consist of thirty-two feet of paving plus graded shoulders. The developer shall stripe the Class 3 bike lane on the 32 foot wide street. This requirement to construct this street connection shall supersede miti~ation measures allowing for construction of this street connection prior to development of the 200 residential unit. Developer may request the formation of a Major Road and Thoroughfare District for the construction of Miramonte Drive and Comanche Road for reimbursement of costs in excess of their proportionate share. ~ 'òM~1' o ~ >- - I- m _ r-- () (:) ORIGINAL Rio Bravo #3IZC 04-0853 Page 2 of 17 Road construction required by conditions two and three above may be deferred until recordation of the first final map for residential development (or phase thereof) if the applicant provides the City with assurances in the form of a recorded agreement or other mechanism approved by the City that the streets will be constructed and available for use prior to recordation of the first final tract map for residential development. 4. Prior to recordation of the phase containing the 200th lot, the developer shall provide secondary emergency access to Breckenridge Road to the satisfaction of the Fire and Public Works Departments. 5. Prior to recordation of any phase, where the combined aggregate of recorded phases will contain 30% of the residential units (390 units) or 30% of the developable land, the developer shall construct street connections to Breckenridge Road. Street connections shall consist of thirty-two feet of paving plus graded shoulders. 6. Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: 6.1. Provide fully executed dedication for the future collectors and arterials if necessary, for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. 6.2.Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump per 80 acres may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPAlZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. 6.3. Sewer service must be provided to the GPAlZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. 7. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. Submit specific plan lines for all collectors and shall be approved by the City Engineer. 8. Access to the project area is provided from Miramonte Drive, Comanche Drive and Breckenridge Road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up- front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. A major bridge and thoroughfare district may be formed to assist in the costs of construction of the streets. 9. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. LP /S:ICuffent Planning EIRs\Rio Bravo #3lstaff reptslEXH 1a .doc August 19, 2005 x '(>AK"-2 o % >- - I- m - ,... '-' C:J ORIGINAL Rio Bravo #3/ZC 04-0853 Page 3 of 17 10. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Tables 8 and 9 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares based PM peak trips from study as follows: Local Mitigation STREET/INTERSECTION MITIGATION % SHARE Alfred Harrell Hwyand Future Install Signal 12.15% SR 178 EB Alfred Harrell Hwyand Future Install Signal 14.71% SR 178 WB Masterson St and Future SR 178 Install Signal 19.13% EB Alfred Harrel Hwv and Hwv 178 Add north bound left turn lane 28.4% Miramonte Dr and Hwy 178 Install Signal, add north and 33.25% south bound left turn lanes Comanche Dr and Chase Ave Install Signal, add left turn lanes 40.76% all directions Miramonte Dr and Chase Ave Install Signal, add east bound left turn lane and south bound right 100% turn lane Comanche Dr and Breckenridge Add left turn lanes all directions 38.56% Rd Mornina Dr and SR 184 Add east bound left turn lane 12.77% Comanche Dr and SR 58 wb Install signal, add north bound 56.69% left turn lane Comanche Dr and SR 58, EB Install signal, add east bound right turn lane and south bound 31.58% left turn lane SR 184, Brundage Ln to Edison Add 2 lanes 3.08% Hwv 11 . The traffic study shows approximately 45% of the project traffic utilizing the future collector connection of Chase Ave to Comanche Dr. and approximately 25% of the project traffic utilizing the future collector that connects south to Breckinridge Rd. Timing of these connections shall be made based upon an approved phasing plan and constructed to a minimum paved width of 32 feet plus graded shoulders, additional paving at the major streets shall be included for left and right turn channelization. Connections at Comanche Dr. and at Breckenridge Rd. shall include widening those respective streets to provide left and right turn channelization. 12. Comanche Dr. between Hwy 178 and Edison Hwy. is a 55MPH street designated as a Class 3 bikeway on the 2010 General Plan. It is presently a popular bike route with little or no paved shoulders. The study shows project traffic will more than double the existing traffic between Hwy 178 and Edison Hwy. With construction of the segment of Chase Ave. between Comanche Drive and Miramonte Drive, add 4 foot paved shoulders on Comanche Road from Chase Ave. north to Hwy 178, where none exists. With construction of the segment of Chase Avenue from Miramonte Drive to Breckenridge Rd, add 4 foot paved shoulders on Comanche Road from Chase Ave to Edison Hwy. This requirement is consistent with the Chapter 1000, "Bikeways" of the adopted Highway Design Manual. "- 'òÞ-Kf:-9 LP /S:ICurrent Planning EIRs\Rio Bravo #JIstaff reptslEXH 1a .doc :: 'S August 19, 2005 ¡-- I!' l:> (;) ORIGINAL Rio Bravo #3/ZC 04,0853 Page 4 of 17 13. Reoional TransDortation ImDact Fee Pay the residential fees established by special study, as adopted at time of development. Said study shall be submitted and approved prior to recordation of any map or approval of any site plan. PLANNING 14. Prior to submittal of the first subdivision map or development plan, the developer shall submit an application for a Specific Plan Amendment for alignments of Chase Avenue and Miramonte Drive as proposed. RECREATION AND PARKS DEPARTMENT 15. Prior to submittal of the first subdivision map or development plan, the developer shall submit an application to annex the project area into the Specific Parks and Trails Plan for Northeast Bakersfield. 16. Prior to recordation of a subdivision map or prior to development of a multi-family project, the developer shall dedicate and/or reserve 6 acres of park land in the area of Miramonte Drive and Chase Avenue and shall dedicate 3 acres of park land in the northeast area of the project (near the California Water Service tank). These two parks shall be connected by trails as specified in the North East Bakersfield Parks and Trails Plan. MITIGATION MEASURES: GEOLOGY AND SEISMIC HAZARDS 17. On-site grading shall occur in conformance with established City engineering guidelines and shall be balanced on-site. Grading and slope contouring shall adhere to provisions as set forth in the Bakersfield Municipal Code regarding hillside development (Chapter 17.66 HD, Hillside Development Combining Zone). Compliance with this measure is subject to review and approval by the City Engineer. 18. Prior to issuance of grading permits for each development, a site specific soils report shall be completed to the satisfaction of the City Engineer, that further characterizes and analyzes on-site soil conditions, and identifies appropriate measures to be implemented to control erosion and dust. The results of the study shall be used as the basis to complete the required Storm Water Pollution Prevention Plan (SWPPP), which includes erosion control measures in order to comply with the National Pollution Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act. Temporary, construction-related, and permanent erosion control measures may include but not be limited to the use of sandbags, hydroseeding, landscaping, and/or soil stabilizers. 19. The overall shape, height and grade of any cut and fill slope contour shall be developed in concert with the existing natural contours and scale of the natural terrain, as prescribed in Chapter 17.66 of the Bakersfield Municipal Code. The graded form shall reflect the natural, rounded terrain, wherever possible. The grading plan shall also reflect a contouring and landscaping program intended to control erosion. Compliance with this measure is subject to review and approval by the City Engineer. LP IS:ICurrent Planning EIRsIRio Bravo #3lstaff reptslEXH 1a .doç August 19, 2005 " 'Q~Ké'1 o <!;, >- - I- m _ l- t.:> (:) ORIGINAL Rio Bravo #3/ZC 04-0853 Page 5 of 17 20. Prior to approval of tract maps, a subsurface investigation that includes exploratory trenching shall be conducted to analyze existing and potential fault hazards associated within the two Alquist Priolo Fault Zone boundaries identified to the north and south as indicated in the Geological Hazards Investigation. The subsurface investigation(s) within the Aliquist Priolo Fault Zones shall be performed to provide the adequate level of information to adequately establish appropriate setbacks and siting of future structures. Future development shall not occur in these areas until further investigations conclude otherwise to the satisfaction of the City Planning Director. 21. Engineering design for all future structures shall be based on the probability that the Project area will be subjected to strong ground motion during the lifetime of development. Future project development plans shall be subject to the Bakersfield Municipal Code (including Chapter 17.66 Hillside Development) and shall include standards that address seismic design parameters. Seismic ground shaking shall be incorporated into design and construction in accordance with the UBC requirements and site specific design. 22. No mitigation measures are recommended beyond the goals, policies, and implementation measures as identified in the Metropolitan Bakersfield General Plan. 23. To ensure stability, created slopes shall be keyed, benched and compacted to the satisfaction of the City Building Director. Specific slope stability calculations, analysis and design of slopes shall be conducted during future geotechnical studies on a project-by-project basis and submitted to the City Building Director for approval prior to issuance of grading permits. HYDROLOGY AND WATER QUALITY 24. Prior to the approval of final project plans and specifications, the City Engineer, or his designee, shall confirm that recommended design elements have been incorporated so that the Project site will be adequately protected from the 100-year storm, will not adversely impact downstream properties, and is designed in conformance with applicable City and County requirements. Drainage system design requirements for the future developments and all future roadways shall include, but not limited to: a) Future on-site roadways shall be designed to accommodate adequate flow capacity. b) Appropriate minimum storm drain pipe size diameter as specified by the City Engineer. c) Storm drain flow velocity limitations as specified by the City Engineer. Adherence to the City of Bakersfield Subdivision Ordinance and Breckenridge Planned Drainage Area Plan is achieved with the payment of fees used for the purposes of defraying the costs of constructing planned drainage facilities and sewers. Projects within the Breckenridge Planned Drainage Area are subject to a fee per acre for the Project site. Adherence to hillside development codes and regulations shall also be required for future development. Proof of payment shall be provided to the Planning Director prior to the recordation of Final Tract maps. Prior to approval of individual development projects, the Director of Public Works or his/her designee, shall confirm that the plans stipulate that prior to issuance of any grading permits, the project applicant shall be responsible for filing a Notice of Intent (NOI) and for filing the appropriate fees pursuant to the NPDES program. The Project contactors shall incorporate stormwater pollution control measures into a SWPPP. BMPs shall be implemented to the maximum extent possible. Evidence that proper clearances have been obtained through the SWRCB, including coverage under the NPDES statewide General Stormwater Permit for Construction Activities, must be demonstrated. A Standard Urban Storm Water Mitigation Plan (SUSMP) shall be required as required in the NPDES permit for the area of the Project site draining to the Kern River. M x ~ ~'9 C'J ~ >- - 1;: f:!! () () ORIGINAL 25. 26. 27. LP /S:ICuffent Planning EIRsIRio Bravo #JIstaff reptslEXH 1a .doc August 19, 2005 '__".. __·~_H·_~ . H._._·· __.__._....___._'~___..__~._...___.___.___,.._..~,...,,~'~~',." ~._.~...____~~.._,~____, Rio Bravo #3/ZC 04-0853 Page 6 of 17 28. Future projects shall exercise special care during the construction phase to prevent any off-site impacts. Erosion control measures and temporary desiltation/detention basins shall be in place, as approved by the Director of Public Works. The basins and erosion control measures shall be shown and specified on the grading plans and shall be constructed to the satisfaction of the Director of Public Works prior to the start of any other grading operations. PUBLIC HEALTH AND SAFETY 29. Soil within the Project site is reported to contain elevated concentrations of hazardous materials above regulatory cleanup levels. Prior to issuance of grading permits, all lead and potential barium contaminated soil locations identified in the Phase I ESA and Phase II Limited Soils Investigation shall be remediated below hazardous levels established by Title 22 of the California Code of Regulations and to the satisfaction of the City Fire Prevention Services. General remediation measures may include, but not be limited to the following: a) Excavation and disposal at a permitted, off-site facility; b) On-site treatment; or c) Other procedures deemed appropriate by the identified agency with closure responsibilities. 30. All areas with bare soil exposed as a result of Project earthwork activities shall be landscaped at the earliest time possible or stabilized by watering when winds exceed 20 miles per hour (mph) in order to reduce the potential inhalation of spores causing Valley Fever. 31. Prior to the recordation of any final map affected, the Project contractor shall coordinate with the Division of Oil, Gas, and Geothermic Resources to verify that the existing abandoned wells meet current closure requirements. Should abandonment or reabandonment be required, appropriate closure activities shall be completed under consultation with the Division of Oil, Gas, and Geothermal Resources. Verification of adequate abandonment or reabandonment shall be provided to the Planning Director prior to the recordation of any final map affected. AESTHETICS, LIGHT, AND GLARE 32. Temporary construction equipment staging areas shall be located within the Project site through the duration of construction. Appropriate screening (e.g., temporary opaque fencing [six feet in height]) will be used to buffer views of construction equipment material, when feasible. All construction activities shall also be consistent with the Bakersfield Municipal Code requirements and conditions of approval. Staging locations shall be indicated on final grading plans. 33. Future on-site development shall be completed in compliance with the goals and policies of the Metropolitan Bakersfield General Plan, Chapter 17.66, Hillside Development Combining Zone of the Bakersfield Municipal Code, and the goals and policies of the Metropolitan Bakersfield General Plan. Grading for future development phases shall be designed in accordance with acceptable grading criteria as defined in Chapter 17.66, Hillside Development Combining Zone of the Bakersfield Municipal Code. Grading plans shall consider the following: 1) manufactured cut and fill slopes exceeding ten feet in height which are exposed to any public view shall be landform graded so that their ultimate appearance will resemble a natural slope and 2) slopes along streets and highways, slopes adjacent to parks, schools, open spaces, and other public facilities shall be engineered to retain as much natural slope as possible. Compliance with this measure is sUbject to grading plan review and approval by the City Engineer prior to issuance of grading permits. Maximum grade of streets, public or private, and other access easements shall be determined All. accordance with a Policy on Geometric Design of Highways and Streets, American ASSOCiati~¡¡'ßft-9 C) <!:, >- - LP /S:ICurrent Planning EtRsIRio Bravo #3lstaff reptslEXH la .doc I;:: ~ August 19, 2005 0 <:> ORIGINAL 34. 35. Rio Bravo #3/ZC 04,0853 Page 7 of 17 State Highway and Transportation Officials (AASHTO) 1990, for design of maximum grades for arterials, collectors, and local streets. 36. Lighting for all future on-site development proposals shall be designed in accordance with the goals and policies of the Metropolitan Bakersfield General Plan. This measure is subject to the requirements of the Bakersfield Municipal Code. 37. Exterior lighting shall be implemented pursuant to standards and specifications contained in Bakersfield Municipal Code Section 13.12.030 (B), Subdivision Design Manual, and other applicable standard manuals referenced under Section 13.12.030 (B) which include minimization measures for outside lighting to utilize low pressure sodium lighting and/or the provision for lighting to be shielded and filtered according to wattage and lamp type. 38. With submittal of a grading plan, a Traffic Management Plan (TMP) shall be submitted for review and approval to the City of Bakersfield Public Works Department. Such plan shall consist of prior notices, adequate sign posting, and detours (including for pedestrians and bicyclists). The TMP shall specify implementation timing of each plan element (prior notices, sign-posting, detours, etc.) as determined appropriate by the City Engineer. The TMP shall be reviewed and approved by the City Police and Fire Departments so that construction does not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts. 39. Proper detours and warning signs shall be established to ensure public safety. This includes the use of proper lighting (where appropriate); fencing and shielding; proper storage of equipment and construction supplies; and covering loose piles of soil, silt, clay, sand debris, or other earthen material. 40. Prior to issuance of building permits, the Project Applicant shall comply with the City's Regional Transportation Impact Fee Program (RTIF) in accordance with the standard residential, commercial, and industrial per- lot rate. 41. For impacted intersections subject to fair-share improvements (refer to EIR Tables 5.6-11 and 5.6-13 on the following pages), the Project Applicant shall participate in the improvements required on a pro-rata fair-share basis, as indicated in EIR Table 5.6-16, (Future Intersection Improvements and Local Mitigation). LP /S:ICuffent Planning EIRs\Rio Bravo #3lstaff reptslEXH la .doc August 19, 2005 ~ 'òþ.,/((:'~ Q ~ >- - .... m - ,... () ORIGINAE> Rio Bravo #3/ZC 04-0853 Page 8 of 17 TABLE 5.6-11 AM Peak Hour Intersection LOS· Future 2024 No Project 2024 Plus Significant Intersection Movement Project Impact? 1.1 Unsignalized Ifred Harrell Hwy & WB C C No Future SR 178 EB 0 E Yes Masterson St & WB B B No Future SR 178 EB B B No Morning Dr & 5B - - - SR 178 ineland Rd & WB A A No Future SR 178 EB A A No Masterson St & NB F F No ~R 178 5B F F No Miramonte Dr & NB F F No SR 178 5B B C No Rancheria Rd & 5B B B No SR 178 Morning Dr - SR 184 & EB F F No Breckenridge Rd WB F F No Morning Dr- SR 184 & WB C C No SR58 EB F F No Comanche Dr & .--- WB . A B No SR58 EB A B No 1.2 Signalized Oswell St & SR 178 WB C C No EB B B No Fairfax Rd & SR 178 - - Alfred Harrell Hwy & SR 178 - C D Yes Morning Dr - SR 184 & - C C Edison Hwy No Morning Dr- 5R 184 & - C C No Brundage Ln Source: Traffic StudY. Dreoared bv Ruettaers & Schuler, December 2004. Future Without Proiect AM Traffic Siqnal Warrant Based on Caltrans Traffic Manual, peak-hour signal warrants were evaluated for each of the intersections in the study area based on future without Project AM peak-hour intersection volumes (refer to Table 5.6-12, AM PEAK HOUR TRAFFIC SIGNAL WARRANTS - FUTURE). As indicated in Table 5.6-12, the following study intersections satisfied the warrant analysis, based on the future without Project AM peak-hour volumes: · Alfred Harrell Hwy at Future SR 178; · Masterson St at Future SR 178; · Masterson St at SR 178; · Miramonte Dr at SR178; · Morning Dr - SR 184 at Breckenridge Road; and · Morning Dr - SR 184 at SR 58. LP /S:ICurrent Planning EIRsIRio Bravo #3lstaft reptslEXH la .doc August 19, 2005 i< ~AKê'9 () ~ >- - >-- m - ,... " t> ORIGINAL . "_."~.. ._._.......__.,_,_._ '",,_," ._~....._".. __ '__,___'____'_U_ "~__~~_~_"_~" Rio Bravo #3IZC 04-0853 Page 9 of 17 TABLE 5.6-13 PM Peak Hour Intersection LOS - Future 2024 No 2024 Plus Significant Intersection Movement Project Project Impact? 1.3 Unsignalized Ifred Harrell Hwy & Future SR 178 WB B B No EB B B No Masterson St & Future SR 178 WB B B No EB B C No Moming Dr & SR 178 SB - - - "ineland Rd & Future SR 178 WB A A No EB A A No Masterson St (Edison Rd) 3 & SR 178 NB F F No SB F F No Mirarnonte Dr & SR 178 NB F F No SB 0 F Yes Rancheria Rd & SR 178 SB B B No Edison Rd & Chase Av Overall B B No Intersection "ornanche Dr & Chase Av EB C F Yes WB - F No Mirarnonte Dr & Chase Av Overall - B No Intersection "ornanche Dr & Breckenridge Rd Overall B E Yes Intersection :::hase Av & Breckenridge Rd Overall - B No Intersection Morning Dr - SR 184 & Breckenridge Rd EB F F No WB F F No \'ineland Rd & Breckenridge Rd NB B B No SB B B No Edison Rd & Breckenridge Rd NB B B No ---- SB B B No Morning Dr - SR 184 & SR 58 WB C C No EB F F No :::ornanche Dr & Edison Hwy Overall A B No Intersection Comanche Dr & SR 58 WB B B No EB B C No ~ignalized Oswell St & SR 178 WB B B No EB C C No Fairfax Rd & SR 178 - - Ifred Harrell Hwy & SR 178 - 0 0 No Morning Dr - SR 184 & Edison Hwy - C C No Morning Dr - SR 184 & Brundage Ln , C C No ource: Traffic Study, prepared by Ruettgers & Schuler. December 2004. LP /S:\Curren/ Planning EIRsIRio Bravo #JIs/aff rep/slEXH la .doc August 19, 2005 ~ ~A/(~-? a ~ >- - .... m - ,.. " O/¡IGINAê' Rio Bravo #3/ZC 04-0853 Page 10 of 17 Future Without Proiect PM Traffic Sianal Warrant Based on the Caltrans Traffic Manual, peak-hour signal warrants were evaluated for each of the intersections in the study area based on future without Project PM peak-hour intersection volumes (refer to Table 5.6-14, PM PEAK HOUR TRAFFIC SIGNAL WARRANTS - FUTURE). As indicated in Table 5.6-14, the following intersections satisfy the signal warrant analysis, based on future without Project PM peak-hour volumes: · Alfred Harrell Hwy at Future SR 178 eastbound · Masterson Street at Future SR 178 eastbound · Masterson Street at SR 178 · Miramonte Drive at SR 178 · Comanche Drive at Breckenridge Road · Morning Drive - SR 184 at Breckenridge Road · Morning Drive - SR 184 at SR 58 westbound · Morning Drive - SR 184 at SR 58 eastbound TABLE 5.6-16 Future Intersection Improvements oca itlgatlon ----- local Mitigation Project % Share Intersection Total Improvements (Improvements not for local Required by 2024 covered bv RTIFI Mitiaatlon f.1fred Harrell Hwy & Future SR Install Signal Install Signal 12.15% 178 EB (12.15%) Masterson St & Future SR 178 Install Signal Install Signal 14.71% ~B (14.71 %) Masterson St & Future SR 178 Install Signal- 1 NBT, Install Signal 19.13% EB 1 SBT (19.13%) Masterson St & SR 178 Install Signal - 1 EBT, - - 1 WBT, 1 WB R, 1 NBl, 1 NBT,2 SBl, 1 SBT f.lfred Harrell Hwy & SR 178 1 NBl, 1 SBL 1 NBL 21.24% (28.4%) Miramonte Dr & SR 178 Install Signal - 1 EBl , Install Signal - 1 NBl 22.53% 1 NBl (striping only), (striping only), 1 SBl (33.25 %) 1 SBl pomanche Dr & Chase Av Install Signal - 1 EBl, Install Signal - 1 EBl, 36.1% 1 WBL, 1 NBl, 1 SBL 1 WBl, 1 NBL, 1 SBl (40.76%) Miramonte Dr & Chase Av Install Signal - 1 EBl, Install Signal - 1 EBl, 100% 1 SBR 1 SBR (100%) pomanche Dr & Breckenridge Install Signal - 1 EBl, Install Signal - 1 EBl, 32.9% Rd 1 WBL, 1 NBl, 1 SBl 1 WBl, 1 NBl, 1 SBl (38.56%) Morning Dr - SR 184 & Install Signal - 1 EBl, 1 EBl 5.6% ~reckenridge Rd 1 WBL, 1 NBl, 1 SBl (12.77%) Morning Dr - SR 184 & SR 58 Install Signal - - WB Morning Dr - SR 184 & SR 58 Install Signal - - EB ",omanche Dr & SR 58 WB Install Signal - 1 NBl Install Signal - 1 NBL 33.33% (56.69 %) ",omanche Dr & SR 58 EB I\nstall Signal - 1 EBR, I\nstall Signal - 1 EBR, 17.08% 1 SBL 1 SBl (31.58%) ~ource: Traffic Study, prepared by Ruettgers & Schuler. December 2004. %) = Caltrans Percent Share NB = Northbound 5B = Southbound WB = Westbound EB = Eastbound L = Left-Turn Lane T = Through Lane R = Right-Tum Lane , &L 1M" LP IS:ICUlTent Planning EIRs\Rio Bravo #3lstaf( reptslEXH 1a .doc August 19, 2005 ~ 'òþ.,/(~~ () - ." - I- m - ,... <.) ORIGINAf' Rio Bravo #3/ZC 04-0853 Page 11 of 17 NOISE 42. Prior to issuance of grading permits, the contractor shall provide evidence acceptable to the City Planning Department that (1) all construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained mufflers; (2) construction activities shall be limited to the designated daytime hours as specified by the City of Bakersfield (currently 6 AM to 9 PM on weekdays and 8 AM and 9 PM on weekends). No construction is allowed on Federal holidays. These restrictions apply to all trucks, vehicles, and equipment that are making or involved with material deliveries, loading or transfer of materials, equipment service, and maintenance of any devices for or within the Project construction site. 43. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from noise-sensitive receptors, to the satisfaction of the Building Official. 44. Prior to approval of the Project plans and specifications by the City Planning Department, the construction contractor shall incorporate feasible muffling features into all construction vehicles and equipment and into construction methods, and shall maintain all construction vehicles and equipment in efficient operating condition. 45. The Project plans and specifications prior to approval by the City Planning and Building Departments, shall stipulate that stockpiling and construction vehicle staging areas shall be located as far away as practical from noise-sensitive receptors during construction activities. 46. Prior to residential development, an acoustical noise analysis shall be prepared to ensure that exterior and interior noise levels are met. Residential buildings or structures shall prepare an acoustical analysis showing that the building has been designed to limit intruding noise to the level prescribed (interior of 45 dBA CNEL and exterior 65 dBA CNEL). To the extent feasible, the following site-planning techniques shall be implemented: a) Increasing the distance between the noise source and the receiver. b) Using non-noise sensitive structures such as garages to shield noise-sensitive areas. c) Orienting buildings to shield outdoor spaces from a noise source. d) Incorporating architectural design strategies, which reduce the exposure of noise- sensitive spaces to stationary noise sources (i.e., placing bedrooms or balconies on the side of the house facing away from noise sources). These design strategies shall be implemented based on recommendations of an acoustical analysis for individual developments, as required by the City to comply with City noise standards. e) Incorporating noise barriers, walls, or other sound attenuation techniques, based on recommendations of acoustical analysis for individual developments, as required by the City to comply with City noise standards. f) Modifying elements of building construction (i.e., walls, roof, ceiling, windows, and other penetrations), as necessary to provide sound attenuation. This may include sealing windows, installing thicker or double-glazed windows, locating doors on the opposite side of a building from the noise source, or installing solid-core doors equipped with appropriate acoustical gaskets. g) Prior to issuance of building permits, the Project applicant shall submit written verification to the City Planning Department stating that standard manufacture operational specifications comply with the NLPS Limit of 50 dBA or better on all exterior electrical and mechanical equipment (i.e., ventilation and our conditioning units and pool equipment). ~ 'òM~1' o ~ LP /S:ICurrent Planning EIRsIRio Bravo #3lstaff reptslEXH 1a .doc >- _ August 19, 2005 '::: J!! o D ORIGINAL Rio Bravo #3/ZC 04-0853 Page 12 of 17 AIR QUALITY SHORT-TERM (CONSTRUCTION) EMISSIONS 47. To minimize engine exhaust emissions during Project construction, the Applicant shall implement the following measures: a) Properly and routinely maintain all construction equipment, as recommended by manufacturer's manuals, to control exhaust emissions. b) Shut down equipment when not in use for extended periods of time, to reduce exhaust emissions associated with idling engines. c) Encourage ride-sharing and use of transit transportation for construction employees commuting to the Project site. d) Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. e) Curtail construction during periods of high ambient pollutant concentrations. f) Construction equipment shall operate no longer than eight cumulative hours per day. g) All construction vehicles shall be equipped with proper emission control equipment and kept in good and proper running order to reduce NOx emissions. h) On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under manufacturer's guidelines. i) On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. j) On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. k) Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic and available to reduce NOx emissions. I) All construction activities within the project area shall be discontinued during the first stage smog alerts. m) Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average ). 48. Construction of the Project requires the implementation of control measures set forth under Regulation VIII of the San Joaquin Valley Air Pollution Control District (SJAPCD) Fugitive PM10 Prohibition. The following mitigation measures, in addition to those required under Regulation VIII of the SJVAPCD, shall be implemented to reduce fugitive dust emissions: a) Water previously disturbed exposed surfaces (soil) a minimum of three-times/day or whenever visible dust is capable of drifting from the site or approaches 20% opacity. b) Water all haul roads (unpaved) a minimum of three-times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20% opacity. c) All access roads and parking areas shall be covered with asphalt-concrete paving or water sprayed regularly. LP /S:ICuffent Planning EIRsIRio Bravo #3lstaft reptslEXH 1a .doc August 19, 2005 x 'òA/(~~ o ¡p "- -n I- - - "' o ,.... OR/GINA? ..,.._,,-_.,~,.'..'."-'---~-~-"----._-~--._--~.'_.'~"-'-._. Rio Bravo #3/ZC 04-0853 Page 13 of 17 d) Dust from all on-site and off-site unpaved access roads shall be effectively stabilized by applying water or using a chemical stabilizer or suppressant. e) Reduce speed on unpaved roads to less than 15 miles per hour. f) Install and maintain a trackout control device that meets the specifications of SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicle with three or more axles g) Stabilize all disturbed areas, including storage piles, which are not being actively utilized for construction purposes using water, chemical stabilizers or by covering with a tarp, other suitable cover or vegetative ground cover. h) Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. i) When transporting materials off site, maintain a freeboard limit of at least six inches and cover or effectively wet to limit visible dust emissions. j) Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden). k) Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. I) Remove visible track-out from the site at the end of each workday. m) Cease grading activities during periods of high winds (greater than 20 mph over a one- hour period). n) Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials. 0) Grading should be conducted in phases. p) Project site shall not be cleared of existing vegetation cover until required by construction. q) The project developer shall revegetate graded areas as soon as it is feasible after construction is completed. 49. Prior to issuance of any building permits, Contractors and/or the Developer shall submit a written statement to the City of Bakersfield Planning Department stating that they shall maintain records documenting compliance with all mitigation measures as required and shall make such records available to the SJVAPCD upon request. 50. Prior to the issuance of any building permits, Contractors and/or the Developer shall submit a written statement that they will allow an authorized representative of the SJVAPCD to review construction equipment activity and mitigation measure records for the purpose of assuring compliance with the applicable requirements of these mitigation measures and all tract development requirements. LP /S:ICuffent Planning E/Rs\Rio Bravo #3lstaff reptslEXH 1a .doc August 19, 2005 « 'òAK¿;?> () ~ >- - >- m _ r-- Q b ORIGINAL Rio Bravo #3/ZC 04-0853 Page 14 of 17 51. To reduce emissions from mobile sources, incorporate transportation control measures and design features into the Project. The below-listed control measures provide a strategy to reduce vehicle trips, vehicle use, vehicle-miles traveled, vehicle engine idling, and traffic congestion for the purpose of reducing motor vehicle emissions and are therefore required in order to achieve the necessary emission reduction. 52. To achieve the emissions reductions as described above, mitigation programs such as, but not limited to the following, shall be considered by the subdivider: a) The project design shall comply with standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. b) The developer shall position as many home sites as possible with a north/south exposure. c) The developer shall ensure that all residential units are designed in compliance with SJVAPCD Rule 4901 regarding wood burning fireplaces and wood burning heaters. d) Applicants shall be required to comply with applicable mitigation measures in the Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJVUAPCD. e) The developer shall petition the Golden Empire Transit District (GET) to conduct a service study to determine if the project site warrants being annexed into the GET operational system. f) Specific bus turnouts and shelters shall be located at appropriate locations to serve residential sites within the Project area in consultation with the Golden Empire Transit District. The bus turnouts and shelters shall be planned by developers in the Project area and local transportation coordinating entities to encourage the efficient and practical use of public transit entities servicing the Project area. 53. Should the SJVAPCD implement an air quality mitigation program, the subdivider, could elect to participate as set forth below: 53.1 The Developer may provide emissions offsets through participation in a voluntary emission reduction program (VERP) through the San Joaquin Valley APCD. The VERP will require the developer to enter into a binding agreement with the SJVAPCD that will require the SJVAPCD to: a) Review the air emission impact assessment protocol and quantification of emission estimates attributable to the project. b) Acceptance of the estimated monetary value of the emission reductions to equal the emissions from the project. c) Locate and implement the emissions reductions. d) Certify that the emission reductions have been made to the lead agency and the developer in the form of a certificate. LP /S:ICurrent Planning EIRsIRio Bravo #JIstaff reptslEXH la .doc August 19, 2005 ~ 'òA/(~1' o tJI :>- .." >- ¡:¡¡ - r- " ORIGINAf' Rio Bravo #3/ZC 04-0853 Page 15 of 17 e) During the life of the project, if the City of Bakersfield adopts an emissions mitigation program that provides equal or more effective mitigation than measures listed in this analysis, the developer may choose to participate in the City's program to mitigate air quality impacts. f) The purchase of Banked Emission Reduction Credits (ERCs) will fully offset the project. ERCs, which have been approved by the SJVAPCD. are retained in the emission inventory for the air basin. Purchase and surrender of ERCs removes them from this inventory, thus fully offsetting the incremental increase to the emissions inventory from this project. Therefore, the emissions inventory contained in the SIP and used for the AQAP will not increase as a result of this project and the AQAP remains valid. g) Should ERCs not be available or deemed cost effective, the developer may provide offsets through other means acceptable to the City Planning Department and approved by the SJVAPCD. h) Fees paid to the SJVAPCD through an approved indirect source emissions fee program may be utilized to provide applicable offsets for the proposed Project. BIOLOGICAL RESOURCES 54. Construction vehicle speed limits shall not exceed 15 mph and shall be posted throughout the site for the duration of construction activities. Open road culverts shall be provided during construction to prevent vehicular mortality of fox crossing roads. 55. During construction, all pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If not capped or otherwise covered, the openings shall be inspected twice daily in the morning and evening and prior to burial or closure to ensure no kit foxes or other wildlife become entrapped or buried in pipes. 56. Excavations shall be provided with escape ramps or otherwise be covered to prevent entrapment, or the site shall otherwise be protected during construction through deployment of a wildlife exclusion fence, which would eliminate the possibility of ranging animals from being harmed during construction. Open excavations shall be checked twice daily, in the morning and evening, to preclude loss of wildlife from entrapment. 57. Prior to commencement of construction activities, preconstruction clearance surveys shall be conducted by a qualified biologist within 60 days of initial ground disturbance in accordance with the provisions of the MBHCP. Any identified kit fox dens shall be monitored, excavated, and backfilled in accordance with the MBHCP, the CDFG, and the USFWS. Survey windows for the San Joaquin kit fox can occur at anytime throughout the year. 58. Preconstruction clearance surveys shall be conducted on no more than 50-foot intervals during the immediately preceding blunt-nosed leopard lizard survey window, which is occurs in two seasons: 1) between April 15th and July 15th; and 2) extending between August 1 st and September 15th. Surveys shall occur accordingly to the USFWS recommendations for survey days for both survey seasons. 59. The Project Applicant shall conduct pre-construction surveys prior to ground disturbance to ensure that no burrowing owls are present on-site and to ensure avoidance of direct take or accidental entrapment of burrowing owls. If nests are encountered, use agency-approved buffer zones and avoid nests until the young have fledged. Additionally, the following measures, t~~Rt: x 1<1' LP /S:ICurrent Planning EIRsIRio Bravo #3lstaff reptslEXH 1a .doc ;: ~ August 19, 2005 I:;: f!! Q (;) ORIGINAL Rio Bravo #3/ZC 04-0853 Page 16 of 17 from the Staff Report on Burrowing Owl Mitigation (CDFG 1995) should be followed in order to minimize impacts, preserve habitat, and reduce potential impacts to burrowing owls to a level of less than significant: a) Occupied burrows shall not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist approved by the CDFG verifies through noninvasive methods that either: (1) the birds have not begun egg-laying and incubation; or (2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival. b) If owls must be moved away from the disturbance area, passive relocation techniques as described in the Staff Report on Burrowing Owl Mitigation should be used rather than trapping. At least one or more weeks will be necessary to accomplish this and allow the owls to acclimate to alternative burrows. 60. The presence of any previously unidentified protected species, which are not addressed in the MBHCP shall be avoided and evaluated by a qualified biologist. The USFWS and CDFG shall be notified of previously unreported protected species. Any take of protected wildlife shall be reported immediately to the CDFG and USFWS. 61. Lighting shall be shaded or shielded and directed down and away from adjacent agricultural areas to minimize increased predation of species that may be using the adjacent agricultural fields. Refer to Section 5.5, AESTHETICS, LIGHT AND GLARE, regarding light spill over and glare mitigation measures. CULTURAL RESOURCES 62. If archaeological resources are discovered during excavation and grading activities on-site, the contractor shall stop all work and the City shall retain a qualified archaeologist to evaluate the significance of the finding and appropriate course of action. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed and the treatment of discovered Native American remains shall comply with State codes and regulations of the Native American Heritage Commission. 63. If human remains are discovered as a result of the Project during any earth removal or disturbance activities, all activity shall cease immediately and the Kern County Coroner's Office must be notified immediately under state law and a qualified archaeologist and Native American monitor shall be contacted. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. 64. A qualified paleontologist shall be retained to examine earthwork spoils generated during construction activities. If paleontological resources are discovered the contractor shall stop all work and the paleontologist shall evaluate the significance of the finding and the appropriate course of action. PUBLIC SERVICES AND UTILITIES 65. Future development projects shall be reviewed by the City of Bakersfield Fire Department. Specific Department requirements for access, fire flow, hydrants, or other fire and life safety requirements shall be addressed at the subsequent property entitlement phase. 66. Residential projects shall meet fire-flow requirements in accordance with relevant City building code and City fire codes. LP /S:ICurren/ Planning EIRsIRio Bravo #JIs/aft rep/slEXH la .doc August 19, 2005 x '/>Alíi'?> o ~ >- - >- m - r-- o ~ ORIGINAL .... ...~~..,.. ._. ...---..~-."--..-..--~._~~._._- Rio Bravo #3/ZC 04-0853 Page 17 of 17 67. Prior to recordation of the 200'h residential unit the Project applicant shall construct a secondary access connection along the Chase Avenue alignment, from Miramonte to Comanche Drive, to the satisfaction of the Fire and Public Works Departments. 68. Within the Project site, a minimum of two net acre site for development of a fire station shall be dedicated to the City. This fire station shall be in the vicinity of the Chase Avenue/Miramonte Drive intersection. Final site location and timing will be determined by the Fire Department. 69. Several project safety components are fundamental in the development of any new project. These include, but are not limited to: a) The prevention of visual hindrances in regards to public gathering locations. b) Planning considerations and elimination of traffic hazards at the Project's conceptual level. c) Preventing the manufacturing of unintentional isolation locations for individuals while engaged in recreational and/or conveyance in or around the Project site. 70. Pursuant to Government Code Sections 65995, 65996, and 65997, mitigation of the proposed Project's impacts on public school facilities will be limited to the collection of statutory fees authorized under Education Code Section 17620 and Government Code Sections 65995, 65995.6, and 65995.7 at the time that building permits are issued. Currently these fees are set a $2.24 per square foot, an amount subject to adjustment every two years. However, if either or both districts adopt the alternative fees authorized by Government Code Sections 65995.6 and/or 6995.7, fees required for this project may be significantly higher than the current amount. 71. In accordance with an ordinance of the City of Bakersfield, land must be dedicated for park uses by the developer of new residential subdivision projects at a standard of 2 acres per 1,000 persons (Specific Parks and Trails Plan for Northeast Bakersfield), and the developer must pay development fees. Location and timing of park facilities to be determined by the City of Bakersfield. 72. Prior to filing a final tract or parcel map, the developer/owner shall record a covenant for each lot in the subdivision that prohibits the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. Additionally, the developer/owner shall pay City fees for inspection of installation of water facilities and City Water Availability Fees. Payment of fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of each phase of the Project, based on the percentage of the gross acreage contained in the particular phase to be accepted and recorded, as compared with the total gross acreage within the entire Project. All water main, service connections, and fire hydrants shall be installed by the developer and dedicated to the City. Plans and specifications for such water mains and appurtenances shall be prepared by and/or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. 73. All construction debris and construction-related debris shall be separated into recyclable and non- recyclable items to the greatest extent possible. All recyclable debris shall be transported to appropriate recycling facilities so as to reduce waste disposed of at County landfills. To the maximum extent possible, recyclable materials and materials consistent with the waste-reducing goals of the City shall be used for all aspects of construction. LP /S:ICuffent Planning E/RsIRio Bravo #JIstaft reptslEXH la .doc August 19, 2005 ~ "9A/(~'9 a <!;, :>- - I- m - ,... C,)OR/GINAlC:> « <ö/IK£,-s> Q <!;, >- - >- m - ,.... û C:> ORIGINAL EXHIBIT D STATEMENT OF FACTS AND FINDINGS ~ 'ôÀKf~ Q ~ >- - \- m - ,.. a c> ORIGINAL --.---.-.-.- ,.,..--- .._.__.._--~~.~...-._-_. ~ 'ðAKç'~ C> ~ :>- - I- m - f"- a c> ORIGINAL _._----"~"_.,-_.._--',.._,.._' FINAL FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS FOR THE RIO BRAVO ANNEXATION NO. 467 PROJECT EIR GPAlZC NO. 04-0853 SCH # 200M>91048 Lead Agency: CITY OF BAKERSFIELD 1715 Chester Avenue Bakersfoeld, California 93301 Contact: Ms. Louise Palmer (661) 326-3733 Consultant: RBF CONSULTING 14725 Alton Parkway Irvine. CalifornIa 92618 June 200,) IN 10,103781 X 'òM~~ a ~ >- - >- m _ r-- <.) C:> ORIGINAL TABLE OF CONTENTS EXHIBIT A - STATEMENT OF FACTS AND FINDINGS............................................................ 1 I. Introductioo .................................................................. ......................................1 II. Project Description........... .................._.........__............. ..............__u ..................2 III, Findings with Respect to Significant Effects ................. ........... ................2 IV Findings with Respect to the Environmental Review Process. ......... ....3 V, Findings Regarding Impacts Detennined to be Insignificant in the Initial Study/Notice of Preparation.......................... ............... .......... ...4 VI, Findings Regarding Effects Detennined to be Insignificant Or less Than SignificanL...................................................................... ..........11 VII. Findings Regarding Effects Detennined To Be Mitigated To less Than Significant levels .......................................................... .............22 VIII. Findings Regarding Infeasibility of Mitigation Measures For Significant Impacts ............. ........................................... ........... ...............64 IX, Finding Regarding Alternatives ....--.......................--..........---..- ......".........66 EXHIBIT B - STATEMENT OF OVERRIDING CONSIDERATIONS.... ,.. .,...... 70 X ~M~?> () ~ >- - f- m _ r- " C:> ORIGINAL Rio BnlYO Anneutlon No. ~7 Project GPAlZC No. 04-41853 EXHIBIT A STATEMENT OF FACTS AND FINDINGS I. INTRODUCTION The following statement of facts and findings have been prepared in accordance with the California Environmental Quality Act (CEQA) and Public Resources Code Section 21081. CEQA Guidelines Section 15091 provides 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: The following potential significant impacts of the proposed Project have been separated into three categories: (1) Those potential impacts that have been detennined to be less than significant, based on review of available infonnation in the Project record, and in consideration of existing standard development review requirements and existing codes and regulations; (2) Those potential impacts that could be mitigated to a level that is considered less than significant with the implementation of the recommended mitigation measures; and (3) Those potential impacts that could not be reduced to a less than significant level with the implementation of the existing policies and standards and the recommended mitigation measures. For potentially significant impacts (categories (2) and (3) above), the City of Bakersfield ("City") has made one of the following three findings for each potentially significant impact and provides facts in support of each finding in accordance with CEQA Guidelines Section 15091: a. Cha~ or alterations have been required in, or incorporated into, the Project which mitigate or avoid the signifICant effects on the environment. b. Those changes or alterations required in the Project to mitigate or avoid significant environmental effects are within the responsibility and jurisdiction of another public agency and have been, or can and should be. adopted by that other agency. c. Specific economic. social, or other considerations make infeasible the mitigation measures or Project alternatives identified in the final enwonmentaJ impact report. " The Final EIR for the Rio Bravo Annexation Identifies certain significant enVIronmental effects which may occur as a result of the Project. Therefore, findings are set forth herein pursuant to Section 15091 of the CEaA Guidelines. The Summary of Mitigation Measures is based in part on the requirements (¡QI1tained in Sedion 21081.6 of the Public Resources Code (see Exhibit 8). A Mitigation Monitoring Program will be adopted as part of the Resolution IN 1G-103781 1 ~ ~Mê?, a <f' June 2005:>- ~ >- '" _ r- o <:> ORIGINAL Rio Bnovo Ann<>xation No. 467 Project GPNZC No.. ~853 II. PROJECT OESCRlPT10N The proposed Project involves actions necessary for a General Plan Amendment (GPA) No. 04- 0853, zone change, and annexatioo of approximately 617 acres within unincorporated Kern County (County) into the corporate limits of the City of Bakersfield (City). The proposed Project is situated within the cunent Sphere of Influence (SOl) boundary identified in the Metropofttan Bakersfield General Plan (General Plan). The annexation, GPA. and zone change would permit development of 1,300 single-family residential units. The Project area is proposed to be developed in several phases, however, unit layout for individual phases are unknown at this time. The future development and future infrastructure improvements induding pipelines, wells, and other utility improvements will be subject to separate environmental review pursuant to the requirements of CEQA An amendment to the General Plan's Circulation Element is also proposed as part of the Project. The amendment would result in the elimination of one unnamed collector street segment extending from Chase Avenue within the Project site and the reclassification of a separate unnamed collector street extending from Miramonte Drive connecting to the Rio Bravo Country aub to a local street designation Although not a part of this proposed annexation Project, secondary collector streets, are planned. These planned secondary collector streets indude Chase Avenue which will accommodate future fire and emergency access to the annexation area and will run southerly through the Project site ultimately connecting Comanche Drive with Breckenridge Road. A segment from Chase Avenue connecting to Miramonte Drive, and a segment of roadway connecting to the Rio Bravo Country Club are also planned. III. FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS The City of Bakersfield, as Lead Agency and decision-maker for the Project, has reviewed and considered the infonnation contained in both the Draft and Rnal EIRs prepared for the Rio Bravo Annexation Project and the public record. The Lead Agency makes the following finding pursuant to CEQA and the CEQA Guidelines: 1. The City of Bakersfield, as Lead Agency and decision-makers, having reviewed and considered the information contained in the Draft and Final EIRs prepared for the Rio Bravo Annexation Project and public records, finds that changes or alteratioos to the Project will avoid or substantially lessen potentially significant environmental impacts. These changes or alterations are related to the implementation of the mitigation measures detailed in this document. 2, The City of Bakersfield, as Lead Agency and decision-makers, having reviewed and considered the information contained in the Draft and Final EIRs prepared for the Rio Bravo Annexation Project and the public record, finds that there are specific economic, social. or other considerations which make the mitigation measures for Aesthetics. light. and Glare In the Draft and Final EIR's infeasible. 3 The City of Bakersfield. as Lead Agency and decision, makers, finds that significant and unmitigable impacts on Aesthetics, Light, and Glare may occur with future development ,n conjunction with implementation of the Rio Bravo Annexation Project. This finding requires that the Lead Agency issue a 'Statement of Overriding Considerations- under Section 15093 and 15126(b) of ~ 'ò!IK~?> IN 10-103781 2 June ~ <!h I- m _ T- O C:J ORIGINAL Rio Bravo Annexation No. ~1 project GP/rJZC No. 04-0853 the State CEOA Guidelines if the Lead Agency wishes to proceed with approval of the Project. IV. FINDINGS WITH RESPECT TO THE ENVIRONMENTAL REVIEW PROCESS The City of Bakersfield, acting as Lead A/¡ef'rcy for the environmental review of the Project, makes the following findings with regard to the environmental review process undertaken to analyze the potential environmental impacts of the Project: 1. In accordance with Section 10563(a) of the CEOA Guidelines, as amended, the City of Bakersfield undertook the preparation of an Initial Study. The Initial Study determined that a number of environmental issue areas may be impacted by the construction and implementation of the Project. As a result, the Initial Study determined that the Draft EIR should address the Project's significant impacts. 2. Pursuant to the provisions of Section 15082 of the State CEQA Guidelines, as amended, the City of Bakersfield, as Lead Agency, circulated a Notice of Preparation (NOP) to public agencies, special districts, and members of the public requesting such notice for a 3O-œy period commencing on September 14, 2004, and conduding on October 14, 2004. 3. During the circulation period for the Notice of Preparation, the City of Bakersfield, as Lead Agency, advertised and conducted a public scoping meeting on October 7, 2004 at the City of Bakersfield Development Services Building in the City of Bakersfield. 4. A Draft EIR was prepared which analyzed project,related impacts related to the following environmental issue areas: agriculture, public health and safety, aesthetics/light and glare, traffic and circulation, noise, air quality, biological resources, cultural resources, and public services and utilities. Growth-inducing impacts, project alternatives and cumulative effects were also analyzed in the Draft EIR. 5. During the Draft EIR's public review period, which began on April 12, 2004 and conduded on May 30, 2004, the City of Bakersfield held a noticed public hearing on May 5, 2005 regarding the Draft EIR The public was afforded the opportunity to orally comment on the Draft EIR at the public hearing, and the testimony was considered by the decision-makers. Upon the close of the public review period. the Lead Agency proceeded to evaluate and prepare responses to all written comments received from both citizens and the public agency during the public review period. 6. The aforementioned comments and responses and other information consistent with the requirements of Section 15132 of the State CEQA Guidelines, as amended, comprise the Final EIR. Following completion of the Responses to Comments document, the Lead Agency's responses to the comments received from the public agencies were transmitted to those public agencies for consideration at least 1 0 days prior to the Final EIR's certification. IN 10-103181 3 'òAK~ June 200~ '9<1' '" >- - >- m - ,.... () C> ORIGINAL Rio Sf'IIVO Annexation No. ~7 Project GPAlZC No. 04-G853 V. FINDINGS REGARDING IMPACTS DETERMINED TO BE INSIGNIACANT IN THE INITIAL STUDYINOllCE OF PREPARAllON The City of Bakersfield conducted an Initial Study in September 2004. to determine significant effects of the project In the course of this evaluation. certain impacts of the project were found to be less than signifICant due to the inability of a project of Itùs scope to aeate such impacts or the absence of project characteristics producing effects of this type. The effects (etennined not to be significant are not induded in primary analysis sections of the Draft EIR. AESTHEllCS. Would the proposal: Have a substantial adverse effect on a scenic vista? The proposed Project site topography consists of relatively level to steep terrain. Elevation on the Project site ranges from 925 feet above mean sea level (msl) to 1,203 feet above msl. The site is not designated as a scenic vista or located along a designated scenic highway, as defined by the Metropolitan Bakersfield General Plan. Therefore, Project implementation would not have a substantial adverse effect on a scenic vista. AGRICULTURE RESOURCES. Would the project: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and MonitDring Program of the California Resources Agency, to non-agricultural use? The majority of the Project site soils are considered "non-prime" for agricultural purposes by the Metropolitan Bakersfield General Plan Update EIR. The annexation itself would not result in the loss of agricultural land. Currently, the site is vacant and no agricultural use is present on-site. No impacts would occur in this regard. Conflict with existing zoning for agricultural use, or a Williamson Act contract? Refer to response above. Involve other changes in the existing environment which, due to their location or nature, could resuft in conversion of Farmland, to non-agricultural use? The proposed Project would result in a GPA from R-EA to LR and LMR and zone change from A to R-1 and R,2 No agricultural practices have historically occurred on, site, nor do any agriculturally related activities exist today. The proposed annexation. GPA and zone change would not promote the conversion of existing farmland to non, agricultural uses. Refer to responses above. AIR QUALITY. Would the project: Create objectionable odors affeding a substantial number of people? Construction activities associated with future development of the Project site may generate detectable odors from heavy-<Juty equipment exhaust. Odors associated with diesel and gasoline fumes are transitory in nature and would not create objectionable odors affectirig a substantial number of people. The impacts from these odors would be JN 1G-103781 4 'ò/I.K~ June 200s6< ~ú' >- ~ >- m _ r-- o C:1 ORIGINAL "'IV Uf......V I-'iIlICl.....VV'. 'HJ. -.vI rIOJ6t.:1. GPAlZC No. ~853 short-term. would cease upon construction comptetion and are not anticipated to be significant. BIOLOGICAL RESOURCES. Would the project: Have a substantial adverse effect on federally protected wetlands as defmed by Section 404 of the Clean Water Act (including, but nfX limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No federally protected wetlands occur on-site. Therefore, impacts are less than significant. Conflict with any local policies or ordinances protecting biological resources. such as a tree preservation policy or ordinance? The Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) is the regional conservation plan that addresses the effect of urban growth on Federally and State protected plant and animal species wiIhin the Metropolitan Bakersfield General Plan area. The MBHCP is a joint program of the City of Bakersfield and Kern County that was undertaken to assist urban development applicants in complying with State and Federal endangered species laws. The MBHCP utirtzes avoidance measures and a mitigation fee paid by applicants for grading or building pennits to fund the purchase and maintenance of habitat land to compensate for the effects of urban development on endangered species habitat. If a Project is developed on land within the Metropolitan Bakersfield area, one-time MBHCP habitat mitigation fee payment of $1,240 per gross acre is required. This Project must comply with the provisions of the MBHCP. GEOLOGY AND SOILS. Would the project: Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewen¡ are not available for the disposal of waste water? The Metropolitan Bakersfield General Plan indicates that the Rio Bravo area of the City is developed using on-site septic tanks. Some of the developed Rio Bravo area is sewered to community-level septic systems. Refer to response 4.6 (a)(1), in the Initial Study. The proposed development is required to connect to sewers. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Create a significant hazard to the public or the environment through the routine transport, use, or disposal 01 hazardous materials? The proposed Project would also involve the development of residential uses which typically involve limIted amounts of hazardous materials that would be used, stored, or transported in the vICInIty of the Project area. Use of these materials would be subject to local, State and Federal regulations. Future development of the Project site does not have the capacity to create a significant hazard to the public or the environment through the routine transport, use, or dIsposal of hazardous materials. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances. Or waste within onfHluarter mile of an eXisting or proposed school? IN 10-103781 5 '9AK~ June 2005 ¿< ?>u> >-- ~ >- m - r- o ORIGINAE> _________~.__~._"__..__.._..____._,......, .~,,_..__---.-'-."T"·.___"_"___,.._____·_··_______~'____ Rio Bnovo Annexation No. ~7 Project GP/IIZC No. 04-0853 The proposed Project involves the annexation of land into the City of Bakersfield. Future development of the Project site would not result in hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a signifiœnt hazard to the public or the environment? A Phase I Environmental Site Assessment (ESA) will be prepared for the proposed Project. The Project site is vacant excepl for a water tank. therefore. the presence of lead,based paints (LBPs) and asbestos containing materials (ACMs) is considered unlikely. The Project site is not anticipated to result in the creation of health hazards with compliance with pertinent health and safety regulations. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The proposed Project is not located within the vicinity of any airport. Due to the scope and nature of the proposed Project, an annexation into the City for future residential development, would not result in a safety hazard for people residing or working in the Project area. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Refer to Response above. Impair implementation of or physiœ/ly interfere with an adopted emergency response plan or emergency evacuafion plan? A Traffic Management Plan (TMP) would be implemented to ensure that future construction on the Project site does not interfere with any emergency response or evacuation plans. The TMP and, if necessary. other traffic control measures, will be described in the EIR. HYDROLOGY AND WATER QUAUTY. Would the project: Violate any water quality standards or waste discharge requirements? Implementation of the proposed Project could result in short-term and long-term impacts to surface water quality. Short-term surface water quality impacts may occur from water erosion of soils during construction, with Iong,term impacts on surface water quality occurring primarily from the addition of project related automobile trips which generate urban type pollutants (i.e. oil. tire particles, ete) However, surface water quality is not expected to be significantly affected because the proposed Project would be required to implement best management practices (BMPs) to comply with the National pollutant Discharge Elimination System (NPDES) storm water quality requirements Development of the site would involve the construction of impervious surfaces. which would lead to a decrease in ground absorption on-site and a increase in the quantity of JN 111-103781 8 June 2005 X 'òAK"-9 () <!;, ;.. - I- m - f- a () ORIGINAL Rio a.-vo Annedtlon No. 467 Project GPNZC No. CM-œ53 surface water. As noted above, urban type pollutants would be introduced into the surface waters as a result of the increase in impervious surfaces throughout the Project site. However, runoff would be conveyed to nearby sumps which would detain the runoff and allow it to now off-site at reduced levels. A second function of the sumps would be the trapping of I.I'ban type pollutants, thus reducing potential water quality impacts to down stream drainages. Drainage facilities would be provided on-site as a part of the Project design and would be subject to review and approval by the City of Bakersfield. In addition, as noted above, the proposed Project would be required to implement BMPs to comply with the NPDES stonnwater quality requirements. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Construction activities associated with development of the proposed Project. which are short-term, are not expected to affect the quantity or quality of the groundwater. The Project would be served by the northwest Bakersfield water treatment plant which uses water from the Kern River. An analysis regarding water consumption will be induded in the EIR. In addition, cuts and excavation into aquifers on the Project site are not anticipated. Substantially alter the existing drainage pattern of the site or area, induding through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on, or off,site? Implementation of future development on the Project site may result in minor changes in the amount of runoff due to an increase in the amount of impenneable surface area at the Project site. Development on-site would be subject to City codes and requirements for erosion control. Due to several factors, including the characteristics of the on-site soils, the rolling topography, the implementation of erosion control measures pursuant to City codes, and the construction of drainage facilities (i.e. curb and gutter, retention basins), the proposed Project would not result in significant erosion or displacement of soils off-site. Substantially alter the existing drainage pattern of the site or area, induding through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? The rate and volume of on,site surface runoff would increase due to the implementation of the proposed Project which would introduce impervious surfaces on the Project site. The proposed Project would include the expansion of all stonn drain facilities that would be required to serve the ProJect. No significant impact on drainage facilities is expected to occur. Drainage facilities and flood protection would be provided on,site as a part of the Project design and would be subject to review and approval by the City of Bakersfield Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provIde substantial additional sources of polluted runoff? IN 10-103781 7 !< 'òAKê-9 o % June 2005>- ¡¡; I;::: ,.... v C> ORIGINAL RIo BnIVo Annexation No. 467 Project GPAJZC No. ~853 Refer to response above. Otherwise substantially degrade water quality? Refer to response above. Place housing within a tOO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Rood Insurance Rate Map or other flood hazard delineation map? The elevation of the site ranges from 925 feet above msl to 1,203 feet above msl. The Project site is not located within a 1 oo'year flood hazard area. Place within a 1oo-year flood hazard area structures which would impede or redirect flood flows? Refer to response above. Expose people or structures to a signiflC8nt risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Isabella Dam. which is located approximately forty (40) miles northeast of Bakersfield, has a capacity to hold 570,000 acre-feet of water. If an earthquake were to occur in the vicinity, it could potentially result in a break in the dam. This could. under certain worst case conditions, cause the entire lake storage to be released, which would result in flooding of 60 square miles of the Metropolitan Bakersfield area. As a result of the possible dangers associated with Isabella Dam, the City of Bakersfield entered the Regular Phase of the National Flood Insurance Program (NFIP) as administered by the Federal Emergençy Management Agency (FEMA) on May 1, 1985. The existing Flood Evacuation Plan for the City of Bakersfield provides for the protection of life and property through evacuation of areas that would be inundated. However, due to the proposed Projects elevation on-site. the area is not anticipated to be flooded in a dam failure event. Inundation by seiche. tsunami, or mudflow? There are no large bodies of open water located on or adjacent to the proposed Project site which may result in seiche or tsunami hazards. Hazards involving tsunamis. seiche, or mudflows are not expected to affect the development. LAND USE AND PLANNING. Would the project: Physically divide an eslablished community? The proposed Project would not divide the ptlysical arrangement of a community. The ProJecl site is surrounding by vacant land. except for the Rio Bravo Country Club tocated Immc(jlately north of the Project site, JN 10-103781 8 'òAK(;: June 2005 J 1'<1' :>- ~ >- m - r- o OAIGINAE> ..' ".,_, '_"_"__' _·~~_·c_'__·· .._____~_..__."'.~..,.,..___..~____..~"_..,.,.__.___.__'_ KIO tiravo AAnexauoo NO. oWl Project GPAlZC No. ~853 Conflic1 with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specifIC plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The proposed Project would result in an amendment to the Land Use Element and a change in zoning in order to insure consistency with the proposed GPA The annexation would result in the Metropolitan Bakersfield General Plan designation change from R-EA to LR and LMR. Concurrent zoning would be from A zone to R-1 zone on 600-acres and R-2 zone on 17-acres. If applicable. a Circulation Element Amendment to modify the circulation map of the General Plan may be required. The EIR will address the required discretionary actions, approvals. and amendments to City policy criteria to determine the level of significance of impacts and required mitigation as detennined necessary. MINERAL RESOURCES. Would the project: Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? As indicated in the Metropolitan Bakersfæld General Plan, there are no mineral resources that would be of value located within the proposed Project site. No impacts are anticipated in this regard. Result in the loss of availability of a locally-impcxtant mineral resource recovery site delineated on a local general plan, specifIC plan or other fand use plan? Refer to response above. NOISE. Would the project result in: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The proposed Project site is not located near any airport. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Refer to response above. POPULATION AND HOUSING. Woutd the project: Induce substantial populal,on growlll in an area, either directly (lor example. by proposing new homes and businesses) or indirectly (for example. through extension of roads or other infrastructure I ? IN 10-103781 11 June 2006 ~ 'Qf>..K~'9 o ~ >- - \- m _ r-- tJ (:) ORIGINAL Rio Br.avo Anrntxatioo No. 461 P.-oject GPAlZC No. ~853 Approximately 1,300 units are anticipated to be constructed within the project area at buiklout. Although the proposed Project is not anticipated to result in any significant growth inducing impacts, the EIR will indude a review of direct and indirect growth inducing impacts pursuant to CEQA Section 15126 (g). The review will discuss ways in which the proposal could foster economic. housing or population growth in the surrounding area. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? The proposed Project would not involve the displacement of housing. The Project site would ultimately result in future housing. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Refer to Response above. PUBUC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which GOuld cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Other public facilities? Due to the size and scope of the proposed significantly affect other governmental agencies. anticipated in this regard. Project, implementation would not Less than significant impacts are TRANSPORTATIONfTRAFFIC. Would the project: Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantiat safety risks? The proposed Project would not affect air traffic patterns and would not result in safety risks to air traffic. Result in inadequate parking capacity? Proposed development must meet City parking standards. Conflict with adopted policies, plans, or programs supporting alternative transportation (eg,. bus turnouts, bicycle racks)? The proposed Project would not conflict with adopted policies, plans, or programs SUpporting alternative transportation IN 10-103781 10 ~1IK€ June 2005 d- 1>~ >- - >- rn _ r- V C:J ORIGINAL Rio Bravo Annexation No. 461 Project GPÞiZC No. 04-0853 UTlUTlES AND SERVICE SYSTEMS. Would the pl'oject: Be served by 8 landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Existing solid waste collection services for residential uses are provided within the City of Bakersfield by the City Sanitation Division. All solid waste generated in the City is disposed of in County operated landfills. Future development anticipated in the Project site is not expected to significantly affect existing facilities. Comply with federal, state, and local statutes and regulations related to solid waste? Refer to response above. VI. FINDINGS REGARDING EFFECTS DETERMINED TO BE INSIGNIFICANT OR LESS THAN SIGNIFICANT The City of Bakersfield finds that based on substantial evidence appearing in the Final EIR, Technical Appendices and in the administrative record, that the proposed Project would have insignificant or less than significant impacts in the following areas. LAND USE AND RELEVANT PLANNING Land Use Compatibility On-site 5.1-2 tmplementation of the proposed Project would result in the phased elimination of open space as land uses are developed, thus resulting in potential land use conflicts between urban uses and open space. This is considered a less than significant impact because the proposed Project would be compatible with existing residential uses to the north and would provide for an orderly outward expansion of new ·urban" development on-site. Facts SuppertillQ Findinq The 617-acre Project site is currently undeveloped except for a water tank owned and maintained by the CWSC. The entire Project site is located within an area designated by the Metropolitan Bakersfield General Plan as R-EA and zoned A Although the entire site is designated and zoned for agricultural uses, no agricultural activities occur within or immediately adjacent to the project site boundaries. Therefore, no compatibility impacts for Mure on-site residential uses related to agricultural uses would occur. Future development of on,site uses will also include two non-residential uses, a park site with an adjacent fire station. These uses are antidpated to be located on Chase Avenue in the northwest quadrant of the site. Although the ultimate size. location, and orientation of these uses are undefined at this time. the proposed park site and fire station will be developed according to applicable Metropolitan Bakerslìeld General Plan guidelines, existing ordinances. and development standards. Final siting will be subject to approval by the City to ensure that Iong-tenn on,site land use compatibility impacts between residential and park uses are minimized to the fullest extent possible. As such. the development review process, combined with adherence to applicable General Plan and Bakersf'reld Mumcipal Code requirements would reduce potential compatibility impacts to less than significant levels. IN 10-103781 11 June 2005 X 'òMê?,<J' o '" >- - >- rn _ 1"- o C:J ORIGINAL Rio Bravo Annexation No. 467 Project GPAlZC No. ~853 Relevant Planning Policies Consistencv with General Plan Policies 5.1-2 The proposed Project would require an amendment to the Metropolitan Bakersfield General Plan and a concurrent change to the Bakersfletd Municipal Code zoning designation for the site that would allow the conversion of the 617- acre undeveloped Project site to residential uses. The Project has been reviewed for consistency with goals and policies as set forth in the Metropolitan Bakersfield General Plan and the analysis has concluded that impacts are less than significant and no mitigation is required. Facts SUDDOrtinQ Findinq The Project site is located within the City's SOl, however it is situated immediately outside the current City corporate limits within unincorporated Kern County. The Kern County LAFCo must consider how proposals for boundary changes in Bakersfield conform to the City's General Pian. Therefore. properties proposed for annexation into the City must be pre-zoned in order to indicate the intended zoning for the site and establish consistency with applicable zoning and General Plan provisions. Future on-site development will accommodate a park site and an adjacent fire station to serve local residents. The patk site and fire station sizes will be sited. dedicated. and constructed based on the Bakersfield Municipal Code. In addition. individual development proposals will also require City review and approval to ensure adequate pedestrian facilities are provided to encourage safe pedestrian movement throughout the Project area. The analysis contained above and in Appendix 15.9, GOALS AND POLICIES ANALYSIS, condudes that there are no significant consistency impacts from the proposed Project. It should be noted that the Project's consistency with the SJVAPCO AQAP is addressed in Section 5.8 AIR QUALITY. Overall, Project implementation would not conflict with the land use plan, goals, and strategies of the Metropolitan Bakersfield General Plan. Less than significant impacts are anticipated in this regard. Consistency with LAFCo Policies 5.1-5 Implementation of the proposed Project would require annexation of the entire Project site into the City; thus requiring a project consistency analysis against policies enforced by the Kern County LAFCo. This is considered a less than significant impact because the proposed Project would be considered consistent with applicable Kern County LAFCo policies and guidelines. Facts SUDDOrtinQ Findinqs In that the CIty seeks to annex the proposed site from the County of Kem and modify the Metropolitan Bakersfield General Plan through an amendment to the Land Use Element, Circulation Element, and zoning designation, particular focus is 9iven to the goals and policies of the Kern County LAFCo (refer to Appendix 15.9, GOALS AND POLICY ANALYSIS). It is noted that LAFCo goals and/or policies not included in the assessment were omitted due to their having either a negligible or no relationship to the proposed Project or surrounding area. Pursuant to Section 1.2 of the Kern County LAFCo IN 10-103781 12 June 2005 'QMf1' ~ ~ >- - \- m - ,... " C> ORIGINAL Rio &-avo An....xatlon No. <487 Project GPAlZC No. 04-0853 Procedures, Standards, and Policies for the Evaluation of Proposals, the City shall submit a plan for providing services within the annexation area and demonstrate that services can be provided within a timely and fll1800ally feasible manner. The analysis contained in Appendix 15.9, GOALS AND POLICY ANALYSIS, concludes that there are no significant consistency impads from the proposed Project associated with relevant Kem County LAFCo goals and policies. No additional mitigation would be required. Consistency with the Cirwlation Element 5.1-6 A Circulation Element Amendment to the Metropolitan Bakersfield General Plan will resuft in the elimination of one collector street segment extending from Chase Avenue within the Project site and the reclassification of a separate collector street extending from Miramonte Drive connecting to the Rio Bravo Countly Club to a local street designation. This is considered a less than significant impact because the proposed roadway reclassification is required to achieve City design standards and applicable Circulation Element goals and policies. Facts Supportinq FtndillQ Future developments on the Project site plan for roadway extensions on Miramonte Drive and Chase Avenue. The proposed circulation amendments indude the elimination of a collector street segment, and the functional dassification change of a second roadway to a local street designation consistent with the City design standards. The City would be responsible for all improvements, maintenance and services to the roadways upon completion. As all City goals and policies would be achieved with the proposed Project Circulation Element Amendment, no additional mitigation measures would be required (refer to Section 5.6, TRAFFIC AND CIRCULATION), Cumulative Impacts 5.1-8 The proposed Project, combined with other future development, may increase the intensity of land uses in the area. Analysis has concluded that impacts are anticipated to be less than significant and no mitigation is required. Projects will be evaluated in accordance with the MeÚ'OpoIitan Bakersfield General Plan and on a project-by-project basis. Facts Supporting Finding The anticipated Project impacts in conjunction with cumulat[ve development in the site vicinity would increase urbanization and result in the loss of open space in the local vicinity. Potential land use impacts are, site,specific, and require evaluation on a case, by-case basis. This [s true with regard to land use compatibility impacts that are generally a function of the relationship between the interactive effects between a specific development site and Its immediate environment. In that development within the northeast planning area is anticipated to occur in accordance with the Metropolitan Bakersfield General Plan and attendant zoning classifications, potential cumulative effects upon land use and planning are not anticipated to be sIgnificant. JN 111-103781 13 June 2005 'òM~~ r1 % >- ffi \-- f'" Q C> ORIGINAL ,-.'-"-.----.--..., .~--_.._--_._".__...,---_.,~- RIo Bnovo Annexation No. ~ Project GPAJZC No. 04-0853 GEOLOGY AND SOILS Liquefaction 5.2-4 Based on avaMable data, the potential for liquefaction is not anticipated due to the lack of near-surlaœ groundwater. Less than significant impacts are anticipated. Facts SUPDOr1inQ FindinQ Generally, when liquefaction occurs as a result of earthquakes, the conditions of cohesionless surface material accompanied with relatively shallow water tables underlying the area were the factor. In such cases, ground vibration increases the pore pressure resulting in water moving upward whereby turning the sand or silt into a quicksand like condition. The surface characteristics indude the development of sand boils, surface cracks, ground settlement, and differential compaction. The groundwater depth at the Project site is at least 200 feet bgs. Furthermore, the Geological Hazards Investigation indicates, shallow groundwater less than 25 feet bgs is not known to occur beneath the site or in the immediate vicinity. The lack of near- surface groundwater beneath the site make impacts related to liquefaction unlikely. Therefore, no significant impacts are anticipated. Dam Inundation 5.2-6 Due to the elevation and location of the Project site, inundation of the Project site due to a catastrophic release at Isabella Dam is not considered to be significant Less than significant impacts are anticipated. Facts SupportinQ FindinQ If an earthquake were to occur in the vicinity of Lake Isabella, the potential exists for a failure of Isabella Dam. Such a failure could cause the entire lake storage to be released, which would result in the flooding of 60 SQuare miles of Bakersfield. The Metropolitan Bakersfield General Plan indicates the chances of the dam failing entirely, with the lake at capacity, was judged as one day in 10,000 years. Due to the elevation and location of the Project site, impacts related to dam inundation are not anticipated to be significant. HYDROLOGY AND WATER QUALITY Groundwater 5.3,2 The proposed Project would not result in adverse impacts to the amount of available groundwater available or degrade groundwater quality Less than significant impacts are antiCipated Facts SUPPOr1lnQ FindinQ Based on the Water Supply Assessment prepared by Gal Water, the proposed project is induded within the plans to accommodate future growth in the City of Bakersfield. Gal Water condudes the supply of water to be more than adequate to meet the projected demands associated with the proposed Project. The Project would not alter the direction IN 10-103781 14 June 2005 ~ 'ò F\Kf,~ () <!;, >- - >- m - ,... ù () ORIGINAL Rio Bravo Annexation No. 4ð7 Project GPAlZC No. O~ -G853 of groundwater flow, nor result in the need to withdraw, change the rate of groundwater flow, or affect its supply. Refer to Section 5.11. PUBLIC SERVICES AND UTILmES, for additional detaHs. Water Quality 5.3-3 Implementation of grading, excavation and construction activities associated with future developments could result in an increase in urban pollutant discharge resulting in impacts to water quality. Impacts would be reduced to less than significant levels with the incorporation of NPDES requirements. Facts SupportiOQ Findinq With the future urban development of the site, the proposed Project would result in an increase in urban pollutant discharge, especially during short-term construction phases. The discharge of materials other than storm water from a particular site is prohibited. With urban development projects, the pollutants of concern include silt and sediment, oil and grease, floatable trash, nutrients (including fertilizers), heavy metals, pathogens (such as coliform bacteria) and other substances. Referred to as "controlled pollutants·, discharge of these substances into waters of the United States, are prohibited. Future proposed developments that involve grading and construction would contribute to an increase in pollution discharge. Individual development projects would be required to mitigate short-term construction impacts pursuant to the NPDES criteria and standards on a project-by-project basis. The purpose of the NPDES permit is to ensure the Project area will eliminate or reduce construction related sediments and pollutants during storm water runoff. Construction sediment erosion can be adequately controlled through the application of standard construction BMPs. The goal of BMPs is to capture and treat "first flush" storm water run-off generated by surrounding and on-site watersheds. Water quality management BMPs for grading and construction scenarios may include the use of sand bags and straw bales for run-off diversion and velocity reduction. mulch topping. hydro-seeding and siltation fencing to prevent soil loss and measures to minimize vehicular leaking and spilling. Implementation and compliance with the NPDES requirements would reduce construction-related impacts to water quality to a less than significant level. PUBLIC HEALTH AND SAFETY Long-Term Maintenance and Operation 5.4-5 Project implementation would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Less than significant impact. Facts SupDOrtinq Findinq The Kern County and Incorporated Cities Hazardous Waste Management Plan (HWMP) lists goals and policies regarding the transport of hazardous wastes. The HWMP recognizes that the transportation of hazardous waste on roads poses a short-term threat to public health; of prime concern is the safety of the transportation system fcir hazardous waste, especially extremely hazardous waste, in and throughout Kem County. The HWMP seeks to establish State and Federally JH 10-103781 15 JUIMI 2005 X ~Mf?, a <!;, ).. - I- m _ r- Q C> ORIGINAL RJo Bnlvo Annexation No. 467 Project GPAlZC No. ~853 maintained roads as candidate Commercial Hazardous Waste Shipping Routes in and through the County (except those to collect locally generated hazardous wastes). Given the location of the proposed Project within a newly developing residential area surrounded by open space, Project implementation would not promote the transport of hazardous materials within the Project area. Delivery trucks often times haul "household· chemicals commonly found in grocery stores and/or commercial uses. Although no roadways within the vicinity of the Project site are specifically identified as Truck Routes within the Circulation Element of the Metropolitan Bakersfield General Plan. the potential exists for the incidental transport of materialsJchemicals along surrounding roadways that meet the definition of ·hazardous". While the risk of exposure to hazardous materials cannot be fully eliminated. measures can be implemented to maintain risks to acceptable levels. As described above, there are several Federal, State, and local regulatory agencies that oversee hazardous materials transportation. Oversight by the appropriate agencies and compliance with applicable regulations are considered adequate to offset the negative effects related to the incidental transport of hazardous materials within the Project area. 5.~ Project implementation would not aeate a significant hazard to the public or the environment through the long-term use of hazardous substances for the purpose of long-term maintenance. Less than significant impact. Compliance with State and applicable local regulations would reduce potential impacts to less than significant levels. Facts Supportinq Findinq The proposed annexation, General Plan Amendment (GPA), and zone change does not involve construction activities within the Project site at this time. Future on-site uses include 1,300 residential units. a park site, and fire station. Therefore, in the future. the on-site storage and use of hazardous materials may indude fire suppression substances, fuel. cleaning solvents, fertilizers, pesticides, and other materials used in the regular maintenance of residential structures. With proper use and disposal. these chemicals are not expected to result in hazardous or unhealthful conditions for nearby residents or maintenance workers. However, this future development would be subject to environmental and design review on a site-specific, project by project basis. Additionally, future development would be required to comply with all applicable local. State. and Federal regulations and policies regarding hazardous materials. NOISE Off-Site Mobile Source Impacts 57-2 Prolect Implementation would generate additional vehicular travel on the surrounding roadway network, thereby resulting in permanent noise level increases. Analysis has concluded that long-/erm noise impacts would be less than significant for the analyzed adjacent roadway segments in the Year 2024/raffic scenario. Analysis has concluded /ha/long-term vehicular, related noise would nol exceed the City's threshold of significance and would result in a less than significant impact. IN 10-103781 18 ,<'òM~-9 June 2005 0 ~ >- - '::: ~ (.) () ORIGINAL RIo Bnlvo Annexation No. 467 Project GPAlZC No. ~853 Facts SuDDOrtiOQ FindiOQ Future deve10pment within the area would result in additional traffic on adjacent roadways, thereby increasing vehicutar noise in the vicinity of existing and proposed land uses. As discussed in Section 5.6 (Trafflc and Circufation), traffIC volumes were analyzed under Existing (Year 2(03) and Future (Year 2024) traffic scenarios. The "2003 Without Project" and "2003 With Project" conditions were compared to analyze interim conditions, while the "2024 Without Project" and "2024 With Project" were compared for long-term conditions. As previously discussed, an increase of five dBA or 9reater i" noise levels occurring from project-related activities would be significant when the "No Project" noise level is below 60 dBA CNEL. An increase of three dBA or greater in noise levels occurring from project-related activities would be significant when the "No Project" noise level is between 60 to 65 dBA CNEL. Finally, an increase of one dBA or greater would be significant if the "No Project" noise level is above 65 dBA CNEL. Table 5.7-9 also compares the "2024 With Project" scenario to the "2024 Without Project" scenario. As indicated in Table 5.7-9, the highest noise level increase would occur along Breckenridge Road; a 5.4 dBA increase east of Comanche Drive. Based on the significance criteria in Table 5.7-3, Project-related traffIC would result in a significant change in ambient noise levels along Breckenridge Road under 2024 conditions. However, noise levels would remain along the roadways would be below the 65 dBA CNEL.A..dn City noise standards. In addition, the proposed Project would be more than 1.000 feet away from the Breckenridge Road. Thus. as the change in ambient noise levels would not affect the Project site and remain below the City's noise limit, a less than significant impact would result. Cumulative Impacts 5.7-5 Implementation of the Project, combined with cumulative projects, would increase the ambient noise levels in the site vicinity. Analysis has concluded that cumulative traffic noise impacts are less than significant. Facts SupportiOQ Findinc¡ Noise by definition is a localized phenomenon. and drastically reduces as distance from the source increases. Consequently, only projects and growth due to occur in the general area of the Project site would contribute to cumulative noise impacts. Table 5.7-9 lists the cumulative traffic noise levels along roadway segments in the Project vicinity under Year 2024 (General Plan buildout) for the "No Project" and -Plus Project" conditions. The "Plus Project" traffic noise levels would increase by a maximum of 11.5 dBA along Breckenridge Road for Year 2003 and 5.4 dBA for Year 2024, east of Comanche Dnve. However, noise impacts would still be considered less than significant since noise levels would be below the 65 dBA CNEULdn noise standard of the City Thus. it is conduded that cumulative mobile source noise impacts along these roadway segments are less than significant. Long-term (stationary) noise would be subject to requirements of the Bakersfield Municipal Code. Therefore, indivIdual projects would be required to comply with the City's noise level standard of 65 dBA for residential uses and include mitigation measures if this standard is exceeded. As such, it is not anticipated that 8 significant cumulative increase in permanent ambient noise levels would occur and the impact IN 111-103781 17 June 2005 ~ 'òAKff: ;: ~ to ~ Q OAIGINAL<::1 Rio Bnlvo Annexation No. 467 Project GPAlZC No. 04-0853 would be less than signifICant. Consequently, the project contribution to cumulative stationary noise impacts is not considered cumulatively considerable. AIR QUALITY Odors 5.7-2 Long-term odor impacts would not occur as a result of Project implementation. Analysis has concluded that impacts would be less than signifICant. Fads Supporting Finding The proposed Project involves the annexation of approximately 617-acres that will allow for future residential uses, which are generally not considered odor generators. Odor is strongest at its source and dissipates with increasing distance. TIle offensiveness and degree of odor is ultimately dependent on the sensitivity of the receptors exposed to the odor. According to the SJVAPCO's Guide for Assessing and Mitigating Air Quality Impacts. facilities located one mile or less from a sensitive receptor may create a signifICant odor impact. TIle SJVAPCD's guidance indicates that a detailed analysis would indude evaluating whether complaints have been filed with the SJVAPCO for similar existing operations. According to SJVAPCD records search between July 2001 and November 2Ö04, there were no odor or nuisance complaints received or investigated. Complaints on file had been issued to these operations relative to pemnitting questions that were resolved. Based on standard operating regulations imposed on the operators of the wells by the Division of Oil, Gas, and Geothemnal Resources (DOGGR) and SJVAPCD, the operating wells and associated equipment are not expected to be a significant source of objectionable odors that would likely impact potential sensitive receptors located within the Project area. Visibility Impacts 5.7-4 Long-term visibility impacts would not occur as a result of Project implementation. Analysis has concluded that impacts would be less than significant. Facts SUPDOrtinQ FindinQ The analysis of the potential for effects to visibility is within the guidelines of the "Levell" analysis given in the USEPA publication entitled Workbook for Estimating Visibility Impaimnent (EPA 450/480-031). The calculations used to evaluate the potential for adverse effects uses data on the emissions of PM1Q. NO,. SO" and the distance between the source and the area evaluated for visibility Impaimnent. Data concerning meteorological conditions and atmospheric dispersion are incorporated into the equations. The calculation of ·contrast parameters" are used to evaluate the potential for adverse effects with the emissions of PM1Q. NO" SO, and the distance between the source and the area evaluated for visibility Impairment. The absolute values of all three of the contrast parameters for both the mid point (five, year) and build out (ten-year). are less than 0.1, therefore, a visibility impact at the Class I areas is not expected to have a signifICant effect. IN 10-103781 18 June 2005 ~ 'òMf-9 () <!:. :>- - .... '" _ r- tJ <::> ORIGINAL H.io Bravo AnnexaUon No. ~7 Project GPAlZC No. ~53 Air Quality Conformity Analysis 5.8-5 With the implementation of proposed mitigation measures, long-term emissions would be offset by Project buildout. Significance: Less than significant impact. Facts Suppertioo Rodioo Assuming 460 households in year 2005 and 1,990 households in year 2030, then growth from 2005 to 2030 would be 1,530 households, approximately 190 more households than proposed by the Project. However, this rate of growth would accelerate the buildout of the T AZ and could potentially result in basin emission increases that are in excess of those forecast by the AQAP or SIP. Therefore, implementation of the proposed Project may not be consistent with the growth assumptions of the AQAP. The proposed mitigation measures below, would offset long-term ROO and NOx emissions associated with accelerated growth posed by the Project. Assuming these long-term emissions are offset by Project buildout. the Project should be considered to be consistent with the adopted growth forecast and in conformance with the AQAP. BIOLOGICAL RESOURCES Special Status Plants 5.9-2 Project construction would permanently impact a total of approximately 617 acres, however since the original native habitat of the site has been changed by ranching, off·mad vehicle use and illegal dumping, no special status plants were identified or would be expected to occur on the site. Less than significant impacts are anticipated in this regard. Facts Supportioo FindinQ The Biota Report concludes that no wetlands, or riparian habitats exist on the Project site and that the on-site vegetation is greatly disturbed and has regrown with native and non-native species. Thus, no evidence of any sensitive plants was found on the Project site. Because no evidence of any Federal and State Threatened or Endangered plant species were identified on the Project site. development of this Project is not expected to result in any adverse impacts to any Threatened or Endangered species. As previously stated, the Biota Report did not identify any loss to wetland or riparian habitats as a result of the proposed Project. Furthermore, the proposed Project would not result in significant impacts to riparian or wetlands habitat. CULTURAL RESOURCES Cumulative Impacts 5,10,3 Cumulative development may adversely affect cultural resources Resources are evaluated and mitigated on a project-by,project basIs. Less than slgnrficant. Facts SUDDortinQ FindinQ Potential impacts would be site specific and an evaluation of potential impacts would be conducted on a project-by-project basis. Each incremental development would be IN 10-103781 18 June 2005 « 'òM~?> o ~ >- - J:: ~ C> C:> ORIGINAL --.. ---.. ..,.- ,.-.,.-. .._----_..__._."-_..,~."<._...,---_..,_..> Rio &avo Annexation No. 467 Project GPNZC No. 04-0853 required to comply with all applicable State, Federal and City regulations concerning preservation. salvage, or handling of cultural resources. In consideration of these regulations, potential cumulative impacts upon cultural resources would not be considered significant. PUBLIC SERVICES AND UTILITIES Sewer Services 5.11-6 Implementation of the proposed Project would not result in the increase in demand or expansion of sewer services. Less than significant impact. Facts Supportil1Q Findinq According to the City of Bakersfield Public Works Wastewater Division, 1,300 square foot dwelling units have the capacity to produce approximately 350,000 gallons of wastewater per day. The Wastewater Division indicated that this would create a significant demand on the collection and treatment facilities within the Project area. The City is currenUy preparing a Sewer Master Plan for the northeast area. The Master Plan will address the future wastewater infrastructure needs as development occurs within the northeast area. The Project site will be induded in this Master Plan. Upon construction, the Project site will be serviced by Wastewater Treatment Plant Number 2. Plant 2 has an excess capacity of 8.5 mgd. Since the Project site has the capacity to produce approximately 350,000 gallons of wastewater per day, Plant 2 has more than adequate capacity to service the Project site. The City of Bakersfield Public Works Sewer Services Department has four types of sewer fees, collection fees, trunk line fees, user fees. and commercial and industrial user surcharges. The user fees are annual fees paid on the property takes. The user surcharges are billed and are annual fees paid on the property taxes. The user surcharges are billed and are due and payable monthly. The user surcharges are based upon a formula of total Biochemcial Oxygen Demand, Total Suspended Solids concentration, and flow, The connection fees are based upon a "cost to recover'" for plant expansion, while the trunk line fees are similariy based upon a "cost to recover'" for the construction of the trunk line serving the Project area. The sewer connection fee for single-family residential homes is currenUy $2.500 per unit, but will increase significantly to pay for Mure plant expansion. The current user fee for single-family residential units is $120 per unit, and will soon increase to $125 per unit. The sewer rates are calculated and adopted by the City Council annually. Less than significant impacts are anticipated in this regard, Electrical Services 5.11-8 Implementation of the proposed Project would require temporary use of etectricity during construction and long-term etectric consumption. Electricity use would not result in excessive power consumption that would result in significant impacts on exis1mg facilities Less than significant impacts are anticipated in this regard. Facts Supportil1Q Finding The Project site is currently being served from the Magunden Substation, which is located at the west end of Mills Street, north of Highway 58 and west of Morning Drive. IN 10-103781 20 June 2005 '< ~M~?> o <!:, >- - \- IT1 _ r- " C:> ORIGINAL _nn__.__.---. .__ .____.......___..- "__'_~_'_"__"._"__ Rio B.."., AnneutJon No. 467 Project GPAlZC No. CH-G853 Electricity distribution facilities are currenUy present within the Project site. This facility is a 12 Kv distribution line maintained by PG&E. Acoording to PG&E. the Project site is anticipated to have an approximate load of 20Mw. PG&E indicated that the existing facilities do not have the capacity to supply the proposed Project at buikl-out. Thef'ef0l8. without upgrades to existing facilities, implementation of the proposed Project may result in excessive demands in electrical services. lñerefore, the construction of additional facilities and/or upgrades would be necessary. According to PG&E. impacts can be minimized if main lines adjacent to roadways are brought to ultimate widths with the initiatioo of the proposed Project. Additionally, mainline distribution tie lines will be required throughout the Project site. During construction, the Project would require temporary electrical power supply for certain equipment and lighting. The proposed Project would also require electricity for street lighting along the roadway. The connections would be constructed in accordance with the requirements of the City of Bakersfield. lñe Project contrador shall coordinate with PG&E staff prior to construction for potential issues that may occur. Less than significant impacts are anticipated in this regard. Natural Gas 5.11-9 Implementation of the proposed Project would not result in increased demand for natural gas services. Less than signfficant impacts are anticipated in this regard. Facts SupportinQ FindinQs According to PG&E, no natural gas facilities are present within the boundaries of the Project site. The dosest gas line is located along Highway 178, north of the Project site. PG&E indicated the existing gas facilities can be extended to furnish gas services to the proposed Project. On average, 0.04 million cubic feet per hour (MCFH) is consumed per household. PG&E indicated that this eight-inch diameter pipeline has the capacity to supply 9aS to the proposed 1,300 lots. Currently. mitigation measures were not identified, however PG&E identified that a Mure back fee applied to the development may be required. The Project contrador shall coordinate with PG&E staff eany in the planning stages to ensure that any necessary upgrades to on-site gas distribution facilities are implemented in such a manner as not to disrupt services off-site and be of adequate capacity to serve ultimate site development. The PG&E pipelines are under high pressure and like others, have the potential to rupture, resulting in uncontrolled releases of natural gas, A pipeline rupture could result in environment contamination and human health effects in the residential areas, once they are developed, For safety reasons, State regulations prohibit the construction of any structures directly over the pipeline and a right-<Jf-way (ROW) is usually established, The width of the ROW is negotiated between the property owner and the pipeline operator and usually ranges between 20 to 50 feet. Shared ROWs may span 60 to 70 feet. Types of shrubs may be restricted; specifically. structures and large trees cannot be over pipelines, Compliance with State and applicable local regulations would reduce future potential impacts health and safety related to pIpelines to less than significant levels. IN 10-1031111 21 June 2005 ~ <òAKç'1' o ~ >- - .... m - r- o ~ ORIGINAL Rio Bnovo Annexation No. 467 Project , GPAlZC No. ~853 VII. FINDINGS REGARDING EFFECTS DETERMINED TO BE MITIGATED TO LESS THAN SIGNACANT LEVELS The City of Bakersfield, having reviewed and considered the infonnation contained in the Final EIR. Technical Appendioes and the administrative record, finds, pursuant 10 California Public Resources Code 21081 (a)(1) and CEOA Guidefines 15091 (a)(1). that changes or a"erations have been required in, or incofporated into, the proposed project which would mitigate, avoid, or substantially lessen to below a level of significance the following potentially significant environmental effects identified in the Final EIR in the following categories: Land Use, Public Health and Safety, AestheticslLight a'1d Glare, Traffic and Circulation, Noise, Air Quality, Biological Resources, Cultural Resources. and Public Services and Utilities. The potentially significant adverse environmental impacts that can be mitigated are listed below. The City of Bakersfield finds that these potentially significant adverse impacts can be mitigated to a level that is considered less than significant after implementation of mitigation measures identified of the Rnal EIR LAND USE AND RELEVANT PlANNING Short-Term Construction 5.1-1 Construction of the proposed Project in future phases may temporarily result in increased amounts of local airborne and particulate matter, as well as an increase in traffic rongestion, noise levels, adverse visual impacts and related effects, thereby causing short-term construction-related impacts to surrounding uses. Construction-related impacts are temporary and would cease upon project completion. This is considered a less than significant impact with implementation of mitigation measures provided in the appropnate sections of this document. Facts SupportinQ Findinq Project construction-related activities would primarily affect adjacent residential uses to the north. Dust generation due to typical construction and grading activities can be anticipated to temporarily increase local airborne and particulate matter. However, construction-related dust is more of a nuisance than a serious health threat, and would be offset through standard construction practices. Construction equipment and staging areas may be unsightly for adjacent residents and motorists, although vehide staging and materials stockpiling will be removed as far as practicable from adjacent residences. Construction activities will also temporarily increase noise due to on,site construction activities. However, these impacts would be short-tenn in nature and are not expected to continue after build-out of the proposed Project. In addition. prior to construction, the Project applicant or contractor will be required to submit a construction Traffic Management Plan (TMP), which will include restrictions on the hours and routes for construction traffic, as well as construction traffic safety measures. Short,term impacts are further reduced through proper implementation of mitigation measures and construction requirements identified throughout the EIR Mitigation Measure 5,1-1 of the Final EIR reduces impacts below a level of significance. The measure is as follows: IN 10-103781 22 June 2005 x <õAKê'." () if' >- .." I- iñ - ,.... o ORIGINAf' Rio Bnlvo Annexation No. 467 Project GPAlZC No. ~853 5.1-1 Refer to mitigation measures in Sections 5.5. AESTHETICS, LIGHT AND GLARE, Section 5.6, TRAFFIC AND CIRCULATION. Section 5.7, NOISE, and Section 5.8, AIR QUALITY. Land Use Compatibility On-site 5.1-2 tmplementation of the proposed Project would result in the phased elimination of open space as land uses are developed, thus resulting in potential land use conflicts between urban uses and open space. Development of the Project site in accordance with the design and policy standards as set forth by the City of Bakersfield and County of Kern would reduce impacts to a less than significant level. Facts SUDDOrtinq Findinq The 617 acre Project site is currently undeveloped except for a water tank owned and maintained by the CWSC. The entire Project site is located within an area designated by the Metropolitan Bakersfield General Plan as R-EA and zoned A Although the entire site is designated and zoned for agricultural uses, no agricultural activities occur within or immediately adjacent to the Project site boundañes. Therefore, no compatibility impacts for Mure on-site residential uses related to agñcu«ural uses would occur. As discussed in Section 3.0, PROJECT DESCRIPTION, future development of on-site uses will also include two non-residential uses, a park site with an adjacent fire station. These uses are anticipated to be located on Chase Avenue in the northwest quadrant of the site. Although the ultimate size, location, and orientation of these uses are undefined at this time, the proposed park site and fire station will be developed according to applicable Metropolitan Bakersfield General Plan guidelines. existing ordinances, and development standards. Final siting will be subject to approval by the City to ensure that Iong-tenn on,site land use compatibility impacts between residential and park uses are minimized to the fullest extent possible. As such, the development review process, combined with adherence to applicable General Plan and Bakersfield Municipal Code requirements would reduce potential compatibility impacts to less than sIgnificant levels. Mitigation Measure 5.1-2 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.1-2 Proposed Project development shall be in accordance with the design and policy standards as set forth by Ihe City of Bakersfield and County of Kern. land Use Compatibility Off·site 5 1,3 Implementation of the proposed Project may result in land use compatibilily impacts to surroundmg uses, Impacts are reduced to less than significant levels with implementation of requrred mitigation for noise, traffic and air qualtly (refer to appropriate sections of this EIR). IN 111-103781 23 June 2005 x 'òAKê'1' () ~ :>- - ~ "' - ,.... .:> ORIGINAE> ._. ...^--...,. -- . .--- ...---..----.,,--. ,.-..,--.---., "_._-_._._-----,-_.~-_."-,, · ..'" ..... ....... ...........................,.. .......,..", rIUjO<.""l. GPNl.C No. 04-0853 Facts Suooortina Findina The Project includes a Land Use Element Amendment to modify the land use designation of the Metropolitan Bakersfield General Plan. The proposal is to change the current land use designation from R-EA to LR and LMR. The proposed Project would permanently alter the site from its current condition. This conversion would have long-term land use impacts that would include increased local traffic, as well as increases in noise, and air pollutants. The impacts associated with these issues are discussed in detail in the respective sections of this EIR document: Section 5.6, TRAFFIC AND CIRCUU\TION, Section 5.7, NOISE, and Section 5.8, AIR QUALITY. Concerns associated with viewshed and noise impacts for nearby residents are addressed in Section 5.5, AESTHETICS, LIGHT AND GLARE and Section 5 7 NOISE . , As the Project site is currently undeveloped, the existing residential areas to the north have the benefit of being located adjacent to undeveloped open space. Although the proposed Project would alter current conditions on the site, the development would be compatible in density and character with existing residential uses to the north. Compatibility impacts would be mitigated with applicable design standards pursuant to requirements set forth by the City of Bakersfield. Therefore, off-site land use impacts to neighboring residential areas are considered less than significant, due to the consistency of uses with the surrounding area, and with implementation of the recommended mitigation measures identified throughout this EIR document. Mitigation Measure 5.1-3 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.1-3 Refer to mitigation measures in Sections 5.5. AESTHETICS, LIGHT AND GU\RE, Section 5.6, TRAFFIC AND CIRCUU\TION, Section 5.7, NOISE, and Section 5.8, AIR QUALITY. Consistency with LAFCo Policies 5.1-4 Implementation of the proposed Project would require annexation of the entire Project site into the City; thus requiring a project consistency analysis against policies enforced by the Kern County LAFCo. This is considered a less than significant impact because the proposed Project would be considered consistent with applicable Kern County LAFCo policies and guidelines. Facts SUPDOrtinq Findinq The entire 617,acre site lies within the existing Cily's SOl boundary as depicted in the General Plan. The proposed Project indudes the expansion of the City's corporate limits to include the proposed Project site. In that the City seeks to annex the proposed site from the County of Kem and modify the Metropolitan Bakersfield General Plan through an amendment to the Land Use Element, Circulation Element, and zoning designation, particular focus is given to the goals and policies of the Kem County LAFCo (refer to Appendix 15.9, GOALS AND POLICY ANALYSIS). It is noted that LAFCo goals andlor poticies not included in the assessment were omitted due to their having either a negligible or no relationship to the proposed IN 10-103781 204 June 2005 '< 'ò/>..K~'9 a ~ >- - >- m - ,.. Q a ORIGINAL KIO tinavo Annexation NO. <401 ~ect GPAlZC No. ~853 Project or surrounding area. Pursuant to Section 1.2 of the Kern County LAFCo Procedures, Standards, and Policies for the Evaluation of Proposals, the City shall submit a plan lor providing services within the annexation area and demonstrate that services can be provided within a timely and financially feasible manner. The effects 01 the proposed Project upon the City's public sefViœs are described in Section 5.11, PUBLIC SERVICES AND UTILITIES. The analysis conlained in Appendix 15.9, GOALS AND POLICY ANALYSIS, condudes that there are no significant consistency impacts from the proposed Project associated with relevant Kern County LAFCo goals and policies. No additional mitigation would be required Mitigation Measure 5.1-5 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.1-5 Refer to mitigation measures described in Section 5.11, PUBLIC SERVICES AND UTILITIES. Consistency with Regional Plans 5.1,7 Implementation of the proposed Project may be inconsistent with area wide environmental plans. Less than significant impact with implementation of mitigation measures. As discussed in Section 5.8, AIR QUALITY. the Project has been determined to be consistent with the San Joaquin Valley Unified APeD Air Quality Attainment Plan. Facts Supportinq Findinq The proposed Project was reviewed to deterrnine consistency with the following plans: Metropolitan Bakersfteld Habitat Conservation Plan, Air Quality Attainment Plan, Bikeways Plan, Emergency Response Plan, Regional Transportation Plan, County Solid Waste Management Plan, and the County Hazardous Waste Management Plan. Air Quality Attainment Plan As the Project proposes to amend the Metropolitan Bakersfield General Plan Land Use designation to allow residential uses as opposed to agricultural uses (the current General Plan Land Use designation and Zoning designation), the AOPi' anticipated growth of the population and economy within the Basin. The adopted growth forecast for the Project site is within the Transportation Analysis Zone (TAl) 384. Kern COG has detennined that TAl 384 is not at capacity under their projections, even in the year 2030. Assurning 460 households in year 2005 and 1,990 households in year 2030, then growth from 2005 to 2030 would be 1,530 households, approximately 190 more households than proposed by Project. However, this rate of growth would accelerate the buildout of the TAl and could potentially result in basin emission increases that are in excess of those forecast by the AOAP or State Implementation Plan (SIP). Therefore, Implementation of the proposed Project may not be consistent wIth the growth assumptions of the AQAP. The proposed mitigation measures would offset long,term Reactive Organic Gas (ROG) and Nitrogen Oxides (NOx) emissions associated with accelerated growth posed by the Project. Assuming these Iong-tenn emissions are offset by Project buildout, with implementation of mitigation measures, the Project should be considered to be consistent with the adopted growth forecast and in conformance IN 10-103781 25 June 2005 '<. ~M$'1' () ~ ).. - \- m _ r- o () ORIGINAL KO tiravo AnnexaUon No. 4ti1 t'roject Gf'AlZC No. 04-0853 with the AQAP (refer to discussion and mitigation measures in Section 5.8, AIR QUALITY, for further discussion). Bikeways Plan The proposed Project would not affect the Citýs Bikeway's Plan. Bike lanes would be implemented as appropriate along roadways when full improvements are completed. Regional Transportation Plan The Project would involve the implementation of roadway improvements. such as the installation of traffic signals and the widening of roadway segments andlor intersections on a fair-share basis. These improvements are not inconsistent with the policies or planned Projects of the RTP (refer to Section 5.6, TRAFFIC AND CIRCULATION, for further information). Solid Waste Management Plan Solid waste disposal shall be in accordance with the County's Solid Waste Management Pian. Refer to Section 5.11. PUBLIC SERVICES AND UTILITIES. Metropolitan Habitat Conversation Plan The Project site is located within the permitted area of the MBHCP. The MBHCP addresses mitigation and compensation for the loss of endangered species habitat and impacts to endangered species within the Bakersfield Planning Area. The development of the site would require the payment of mitigation fees for the preservation of natural habitat areas in the area (refer to Section 5.9. BIOLOGICAL RESOURCES). Hazardous Waste Management Plan The proposed Project would not handle or dispose of hazardous wastes on-site other than common household chemicals used for deaning. The Project site is not located in an area that has been designated as a candidate site or facility for hazardous materials disposal, and thus, is not subject to the poticies in the Hazardous Waste Management Plan (refer to Section 5.4, PUBLIC HEALTH AND SAFETY). Mitigation Measure 5.1-7 of the Rnal EIR reduces impacts below a level of significance. The measure is as follows: Refer to mitigation measures in Sections 5.5. AESTHETICS, LIGHT AND GLARE, Section 5.6, TRAFFIC AND CIRCULATION, Section 5.7, NOISE, Section 5.8, AIR QUALITY. Section 5.9, BIOLOGICAL RESOURCES. and Section 5.11, PUBLIC SERVICES AND UTILITIES. GEOLOGIC AND SEISMIC HAZARDS Soil Erosion 5.2-1 Future development of the proposed Project site could result in substantial soil erosion. Implementation of and compliance with the Bakersfield Municipal Code IN 10-103781 26 June 2005 ~ 'òMf~ c <!;, >- - ~ g ORIGINAl ."..... ~'Q.....~..,~~~..~.. ..-. .~. . .............~ GPAlZC No. 04-0853 and recommended mitigation meaSlXes would reduce impads to a less than signiflC8nllevel. Facts Suooortina Rodino According to the Geological Hazards Investigation, the Project area contains soils that are moderately fine textured and well drained. Grading operations associated with future development of the Project site and the resultant manufactured embankments could increase the potential for erosion and siltation both during and after the construction phase. Increases in impervious surfaces would also result in the construction of curb and gutters and stonn drain systems to collect the runoff. In order to mitigate the potential effécts of erosion on-site, temporary and pennanent erosion control measures would be required, such as the use of sandbags, hydroseeding, landscaping, and/or soil stabilizers. The Contractor will be required to submit a Stonm Water Pollution Control Plan (SWPPP), which includes erosion control measures in order to comply with the NPDES requirements of the Federal Clean Water Act (CWA). All earthwork is required to be performed in accordance with applicable City requirements as stipulated in the Bakersfield Municipal Code. Earthwork would also be perfonmed in conformance with approved grading plans and any applicable geotechnical reports prepared for futtre developments on-site. Implementation of appropriate grading measures would serve to reduce the potential impacts related to erosion to less than significant levels. Mitigation Measures 5.2-1a through 5.2-1c of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.2,1 a On,site grading shall occur in confonnance with established City engineering guidelines and shall be balanced on-site. Grading and slope contouring shall adhere to provisions as set forth in the Bakersfield Municipal Code regarding hillside development (Chapter 17.66 HD, Hillside Development Combining Zone). Compliance with this measure is subject to review and approval by the City Engineer. 5.2-1 b Prior to issuance of grading pennits for each development, a site specific soils report shall be completed to the satisfaction of the City En9ineer, that further characterizes and analyzes on-site soil conditions, and identifies appropriate measures to be implemented to control erosion and dust. The results of tine study shall be used as the basis to complete the required Stonn Water Pollution Prevention Plan (SWPPP), which indudes erosion control measures in order to comply with the National Pollution Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act. Temporary, construction-related, and pennanent erosion control measures may include but not be limited to the use of sandbags, hydroseeding, landscaping, and/or soil stabilizers 52-1c The overall shape, height and grade of any cut and fill slope contour shall be developed in concert with the existing natural contours and scale of the natural terrain, as prescribed In Chapter 17.66 of the Bakersfield MunicIpal Code. The graded fonn shall reflect the natural. rounded terrain, wherever possible. The grading plan shall also reflect a contouring and landscaping program intended to control erosion. Compliance with this measure is subject to review and approval by the City Engineer. IN 10-103781 27 June 2005 ~ 'òAK~'9 a ó' "- ~ >- m - ,... o ORIGINAC' t(Jo t:k"avo Annexation No. 467 Project GPAlZC No. Cl4-œ53 Fault Rupture 5.2-2 Future development associated with the Project site could potentJaJ/y expose people or structures to effects associated with the rupture of a known earthquake fault. Compliance with the Bakersfield Municipal Code, the Uniform Bulding Code, and recommended mitigation would reduce impacts to less than significant levels. Facts SUPpOrtinQ Findinq Several faults are located within the vicinity of the Project site. Maximum probable ground motion on the Project site would likely be the result of movement along the White Wolf, San Andreas, Gartock, or Pleito faults. A maximum probable magnitude earthquake along the White Wolf, located 13 miles southeast of the Project site or the San Andreas fault, located 39 miles south of the site, could produce intensities as high as VIII on the ModifJed-Mercalli intensity scale resulting in severe danger to life and property. Two separate Earthquake Fault Zone as defined by the Alquist-Priolo Earthquake Fault Zoning Ad transect portions of the property to the north and south. Future structures built for human occupancy. as defined by the Alquist-Priolo Earthquake Fault Zoning Act. should not be built within the Earthquake Fault Zone boundaries without additional subsurface geotechnical investigation. Implementation of recommended mitigation measures at the end of this section would serve to reduce fault rupture related impacts to less than significant levels. Mitigation Measure 5.2-2 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.2,2 Prior to approval of tract maps, a subsurface investigation that includes exploratory trenching shall be conducted to analyze existing and potential fault hazards associated within the two Alquist Priolo Fault Zone boundaries identified to the north and south as indicated in the Geological Hazards Investigation. The subsurface investigation{s) within the Aliquist Priolo Fault Zones shall be performed to provide the adequate level of infonnation to adequately establish appropriate setbacks and siting of future structures. Future development shall not occur in these areas until further investigations conclude otherwise to the satisfaction of the Oty Planning Director. Seismic Ground Shaking 5.2-3 Future development on-site would increase the number of people and structures exposed to effects associated with seismically induced ground shaking. Implementation of the recommended mitigation measures and compliance wilh the Bakersfield Municipal Code would reduce Ihis potential impact to a less than significan/level. Facts SuppOrtinq Findinq The intensity of future seismic activity at the propOsed Project site is expected to be no greater than for other sites in the vicinity. The site IS expected to experience ground shaking as a result of regional seismic activity. Due to the site's proximity to seve' al faults located in the area, ground shaking could be substantial. These impacts associated with seismically induced ground shaking are considered to be potentially IN 10-103781 28 X 'òM~-9 a <!;, June 2005 >- - >- m - ,... o I:;, ORIGINAL ..-,.~. .._._'"_....~.,-_.. .__.~-_._--~....----..---~-_._--_.- Kto ßf1IIVO AI1nexatlon NO. 4U1 ~nJjea Gi>AlZC No. 0+0853 signifICant. To ensure the safety of life and property, future development on the Project site will be designed in strict accordance with the minimum earthquake regulations of the UBC, and the Bakersf'leld Municipal Code induding Chapter 17, Hillside Development relating to grading, slope contours, and hillside development guidelines. To provide the adequate level of infonnation to propeI1y design and engineer future deYeIopment, an engineering geologist would peñonn additional design-level geotechnical studies on a project-by-project basis and submitted to the City for approval. The compfl8nce of future development with recommended mitigation measures and UBC standards would reduce potential impacts with seismic ground shaking to a less than significant level. Mitigation Measure 5.2-3 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.2-3 Engineering design for all future structures shall be based on the probability that the Project area will be subjected to strong ground motion during the lifetime of development. Future project development plans shall be subject to the Bakersf'teld Municipal Code (including Chapter 17.66 Hillside Development) and shall include standards that address seismic design parameters. Seismic ground shaking shall be incorporated into design and construction in accordance with the UBC requirements and site specifIC design. Landslides 5.2-5 Implementation of the proposed Projed: has a low potential of exposing people to seismically induced landslides. However, due to the existing terrain, adherence to mitigation measures would be required. Implementation of the recommended mitigation measures and compliance with the Bakersfield Municipal Code and the Uniform BuildIng Code would reduce this potential impact to a less than significant level. Facts SUDDOrtinq Findinq As previously mentioned, the Project site is located on level to steep terrain with rolling hills. Although no landslides have been mapped on the Project site, they have been mapped a few miles east of the property. Future development of the Project site could potentially be signifICantly impacted by tandslides resulting from strong ground motion from nearby earthquakes, erosion, or adverse conditions created during grading activities. The northeast and southeast portion of the site are not considered suitable for development due to the existing steep terrain. As such, future development of the site would require strict adherence to the UBC, and the Bakersfield Municipal Code including Chapter 17.66, Hillside Development. Specific slope stability calculations, analysis and design of slopes are required during future geotechnical studies on a project-by-pro¡ect basis. Potential impacts associated with seismIcally induced landsides would be less than signIficant fOllowing compliance with recommended mitigation measures. the Bakersfield Municipal Code, earthquake regulailons of the UBC, and standards engineering practices and design critena. MitigatIon Measures 5.2-5a and 5.2-5b of the F,nal EIR reduce impacts below a level of significance. The measures are as follows: 5.2-5a Refer to Mitigation Measure 5.2-3, above. JN 10.103781 2V June 2005 '< 'òAK~-9 C) ~ >- - >- m - ,.... tJ C::J ORIGINAL RiO Bravo Annexation No. ~7 Proj<>ct Gf'AlZC No. 04.Q853 natural flows. The amount of runoff detained would be the difference between the 100- year natural runoff and the 100 year developed runoff. Although the proposed Project site is not within the Kern River Designated FIoodway or within the FEMA ftood hazard zones, it cannot be assumed that no additional flood hazards exist within these locations. The future increase in development woutd increase surface water runoff, contributing to additional stoon water flows. Undevelopable areas have been identified in the Preliminary Drainage Report as being the northeastern and southeastern portion of the Project site. If determined necessary through additional site specific hydrological analysis. developable areas could potentially require mitigation on a project-by-project basis to accommodate the increased surface flows. Based on available infonnation. impacts are anticipated to be less than significant with the mitigation measures discussed below. The mitigation measures are recommended to confinn the adequacy of drainage facilities. Impacts of Proposed Roadways Although not currently a part of the annexation and GPA, the site includes plans for Mure construction of three secondary collector street segments to accommodate the area. These proposed secondary collector streets are Chase Avenue connecting Comanche Drive and Breckenridge Road, a segment from Chase Avenue connecting to Miramonte Drive, and a segment of roadway connecting to the Rio Bravo Country Oub. The planned street segments would alter the natural flow conditions, thereby resulting in impacts to the existing hydrologic and drainage patterns. These potential impacts would be mitigated to a less than significant level with the installation of drainage facilities along the proposed roadway to provide adequate hydraulic capacity. Drainage Right-of-Way Dedications Right-of-way dedications would be required for future private property occupied by drainage infrastructure. The nature of these the dedications would be dependent upon final designs for tracts. Mitigation Measures 5.3-1a through 5.3-1c of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.3-1a Prior to the approval of final project plans and specifications, the City Engineer, or his designee. shall confinn that recommended design elements have been incorporated so that the Project site will be adequately protected from the 100- year stonn, will not adversely impact downstream properties. and is designed in conformance with applicable City and County requirements. 5.3,1b Drainage system design requirements for the future developments and all future roadways shall include. but not limited to: · Future on,site roadways shall be designed to accommodate adequate flow capacity · Appropriate minimum stormdraln pipe size diameter as specified by the City Engineer · Stormdrain flow velocity limitations as specified by the City Engineer. 5.3-1c Adherence to the City of Bakersfield Subdivision Ordinance and Breckenridge Planned Drainage Area Plan is achieved with the payment of fees used for the JN 10-103781 31 June 2005 ~ 'òA/(~? :>.,() ~ I- - - ", '-' ,... OA/G/NAf Rio Bravo Annexation No. 4G1 Project GPAlZCNo.~53 purposes of defraying the costs of constructing planned drainage facilities and sewers. Projects within the Breckenridge Planned Drainage Area are subject to a fee per acre fOf the Project site. Adherence to hillside development codes and regulations shall also be required fOf future devetopment. Proof of payment shall be provided to the Planning DirectOf priOf to the recoroation of Final Tract maps. Water Quality 5.3-3 Implementation of grading, excavation and construction activities associated with future developments could result in an increase in urban pollutant discharge resulting in impacts to water quality. Impacts would be reduced to less than significant levels with the incorporation of NPDES requirements. Facts SupportillQ FindinQ With the future urban development of the site, the proposed Project would result in an increase in urban pollutant discharge, especially during short-term construction phases. The discharge of materials other than storm water from a particular site is prohibited. With urban devetopment projects, the pollutants of concern include silt and sediment, oil and grease, floatable trash, nutrients (including fertilizers), heavy metals, pathogens (such as coliform bacteria) and other substances. Referred to as 'controlled pollutants", discharge of these substances into waters of the United States, are prohibited. Future proposed developments that involve grading and construction would contribute to an increase in pollution discharge. IndiviOual development projects would be required to mitigate short-term construction impacts pursuant to the NPDES criteria and standards on a project-by-project basis. The purpose of the NPDES permit is to ensure the Project area will eliminate or reduce construction related sediments and pollutants during storm water runoff. Construction sediment erosion can be adequately controlled through the application of standard construction BMPs. The goal of BMPs is to capture and treat "first flush" storm water rufK)ff generated by surrounding and on-site watersheds. Water quality management BMPs for grading and construction scenarios may indude the use of sand bags and straw bales for run-off diversion and velocity reduction, mulch topping, hydro-seeding and siltation fencing to prevent soil loss and measures to minimize vehicular leaking and spilling. Implementation and compliance with the NPDES requirements would reduce construction-related impacts to water quality to a less than significant level. Mitigation Measures 5.3-3a and 5.3-3b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.3,3a Prior to approval of individual development projects, the Director of Public Works or hislher designee, shall confirm that the plans stipulate that prior to Issuance of any grading permits, the project applicant shall be responsible for filing a Notice of Intent (NOI) and for filing the appropriate fees pursuant to the NPDES program. The project contactors shall incorporate stormwater pollutIon control measures into a SWPPP. BMPs shall be implemented to the maximum extent possible. Evidence that proper clearances have been obtained through the SWRCB, induding coverage under the NPDES statewide General Stormwater Permit fOf Construction Activities. must be demonstrated. A Standard Urban Storm Water Mitigation Plan (SUSMP) shall be required as required in the NPDES permit fOf the area of the Project site draining to the Kern River. IN 10-103781 32 June 2005 ~ ~AK~"2 Q û' :>.. "f >- ¡; - ,.. o ORIGINAt' "IV Of.llVO AnOClAäUVU .'V...-v. r'OJttC1; GPAlZC No. 04-0853 5.3-3b Future projects shall exercise special care during the construction phase to prevent any off-site impacts. Erosion control measures and temporary desiltationldetention basins shall be in place, as approved by the Director of Public WOf1(s. The basins and erosion control measures shall be shown and specified on the grading plans and shall be constructed to the satisfaction of the Director of Public Works prior to the start of any other grading operations. Cumulative Impacts 5.3-4 The proposed Project, in combination with other cumulative projects, would result in increased degradation of surface water quality and flooding impacts in the area. Compliance with Federal, State, and local requirements on a project-by- project basis would reduce cumulative impacts to a less than significant level. Facts SupportinQ FindinQ Cumulative effects related to hydrology resulting from implementation of the proposed project and development in the vicinity and surrounding areas may expose more persons and property to potential water hazards. Cumulative development may also adversely affect downstream water Quality, resulting in impacts to suñace and ground water supplies. The potential cumulative impact is mitigated through required drainage studies to identify potential impacts, relationship to City and County drainage master plans, and implementation of appropriate on-site and off-site drainage improvements. Projects are also required to implement NPDES and BMP measures on a project basis to reduce potential water Quality impacts. In addition, projects may require drainage improvements in order to be in compliance with the Metropolitan Bakersfield General Plan and Bakersfield Municipal Gode standards in addition to local and regional agency requirements, as part of the discretionary review process. There are no cumulative impacts associated with the proposed Project. Mitigation Measure 5.3-4 of the Final EIR reduces impacts below a level of si9nificance. The measure is as follows: 5.3-4 A SUSMP shall be required for the proposed Project as required in the NPDES permit for the area of the Project site draining to the Kern River. PUBLIC HEALTH AND SAFETY Short-Term (Construction) Impacts 5.4-1 projecl construction activities have the potential to encounter known hazardous materials or wastes. Analysis has concluded that no evidence exists of an existing or previously remediated recognized environmental conditions in connection wilh the proposed Project Less than significant impacl with Incorporation of mitigation measures. Facts SUpportlnQ F,ndinq Several agencies have published documents that list businesses or properties that have handled hazardous materials or waste or may have experienced site contamination. The governmental sources provided by EDR reported that no aboveground or underground storage tanks have ever been located on the Project site, and no leaking underground JN 10-103781 33 June 2005 ~ 'òAKt;'?> () <JI >- ~ >-- m - r- Q c:;, ORIGINAL "'V ula"v '""Utog.....C........". ..V........, r'UJ~l GPAlZC No. ~853 storage tank sites are located within at least one4\alf mile of the proposed Project site. Interviews conducted with the KCEHSO indicated that no records of environmental problems are on file for properties affecting the Project site, nor the sulTOUnding adjoining properties. No potential for existing or previously remediated REGs were found. A review of local regulatOf)' agency records was conducted to help detennine if hazardous materials have been handled. stored, or generated on the subject site and/or the adjacent properties and businesses. No hazardous materials records were found. The Phase I ESA and Phase /I Umited Soils Investigation revealed the potential for historical drilling mud deposits associated with former oil well locations may contain elevated concentrations of barium, or oil-based drilling muds. The actual presence of elevated concentration soil deposits at the well locations were not confirmed during the course the investigations. In addition to the historical oil well facilities, the Phase /I Umited Soils Investigation identified concentrations of soluble lead in the soil of the south and central parts of the target berm in the former shooting range. Lead concentrations in these soils were reported nearty .35 and 2.6 times the STLC for lead, which is five milligrams per liter. These elevated concentrations are therefore considered hazardous according to Title 22 of the California Code of Regulations. Based on the condusions rendered in the Phase t ESA and Phase /I Umited Soils Investigation, conditions exist on-site that may potentially compromise Project construction or acquisition of construction easements. Implementation of mitigation measures identified at the end of this section would serve to reduce these potential hazardous material impacts to less than significant levels. Mitigation Measure 5.4-1 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.4-1 Soil within the Project site IS reported to contain elevated concentrations of hazardous materials above regulatory cleanup levels. Prior to recordation of a final map, all lead and potential barium contaminated soil locations identified in the Phase I ESA and Phase /I Limited Soils Investigation shall be remediated below hazardous levels established by Title 22 of the California Code of Regulations and to the satisfaction of the City Fire Prevention Services. General remediation measures may indude, but not be limited to the following: · Excavation and disposal at a permitted, off-site facility; · On-site treatment; or · Other procedures deemed appropriate by the identified agency with closure responsibilities. 5.4-2 Project construction activities do not have the potential to create a significant hazard to the public through foreseeable upset and accidental conditions. Less than significant impact with incorporation of mitigation measures Facts Suppor1inq Flnd1Q9 As indIcated in the Phase I ESA and Phase /I Limited Soils Investigation report, lead contamination is present within the historic firing range area and the potential for increased concentrations of barium eXist in areas of the historic exploratory wells. Due to the presence of lead contamination and potential barium contamination. future construction activities have the potential to result in a release of hazardous materials into JN 10-103781 3-4 June 2005 ~~M~"2 () ~ :>- - 1- m - ,... C> () ORIGINAL .'I...... UtdVU 1·"nneA4U'\.IU nv. '"tV1 rrOjðct GPNlC No. ~853 the environment and the accidental release of hazardous substances such as petroleum-based fuels used for construction equipmenl The level of risk associated with the accidental release of hazardous substances is considered significant due to the volumes and concentrations of hazardous materials present within the on-site soils and utilized during construction. The project contractor will be required to use standard construction controls and safety procedures which would avoid and minimize the potential for accidental release of such substances (petroleum based fuels) into the environment. Additionally, the contaminated soil will be required to be remediated to a level considered non-hazardous. Standard construction practices would be observed such that any materials released are appropriately contained and remediated as required by local, State, and Federal law. Implementation of mitigation measures would reduce these impacts to less than significant. Mitigation Measures 5.4-2 and 5.4-3 of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.4-2 Refer to Mitigation Measure 5.4-1, above. Facts Supoortin<l Findin<l If Valley Fever spores occur within the boundaries of the proposed Project, with the absence of mitigation. there is potential for the infection of construction workers and surrounding residents. as well as within the Project area. Any future development would be required to implement mitigation measures designed to reduce the amount of fugitive dust during grading activities would reduce the likelihood of Valley Fever to a less than significant level (refer to Section 5.8, AIR QUALITY). The long-tenn covering of portions of the Project alignment with landscaping material, andlor impervious roadway surfaces would reduce the long-term potential release of Valley Fever spores to a less than significant level. Mitigation Measures 5.4-3a and 5.4-3b of the Final ElR reduce impacts below a level of significance. The measures are as follows: 5.4-3a Refer to Section 5.8 AIR QUALITY, regarding fugitive dust mitigation measures. 5.4-3b All areas with bare soil exposed as a result of Project earthwork activities shall be landscaped at the earliest time possible or stabilized by watering when winds exceed 20 miles per hour (mph) in order to reduce the potential inhalation of spores causing Valley Fever. Oil Production Facilities 5.4,3 Several abandoned wells (five) are located within the Project site's boundary, therefore, health and safety risks are present. Less than sigmficant impact with incorporation of mitigation measures. Facts SupoortlnQ Findinq According to the Phase I ESA and Phase 1/ Limited Soils InvesltgatlOn. several previously abandoned wells are present within the Project site. Future development and grading activities on the Project site would require that the wells be exposed and the abandoned status reexamined. Public Resources Code Section 3208.1 authorizes the IN 10-103781 35 June 2005 '< 'òM~?> a <!;, >- - >- '" _ r- " ORIGINAl<:> Rio Bravo Annexation No. 467 Project GPAlZC No. ~853 State Oil and Gas Supervisor to order the reabandonment of a previously abandoned well when construction of any structure over or in the proximity of the well could result in a hazard. 1l1e Division of Oil, Gas, and Geothermal Resources must be notified to investigate the condition of the wellheads and check fOf leakage. If any abandonment or reabandonment is required, the Division of Oil, Gas, and Geothermal Resources would furnish the necessary closure specifications. Adherence to closure provisions would serve to reduce impacts to less than significant levels. Additionally, Valley Waste Disposal maintains evaporation ponds located approximately 1,000 feet to the east of the subject site. These ponds are used for oilfield waste water. The ponds are under the jurisdiction of the Central Valley Regional Water Quality Control Board (RWQCB). No specific setback standards exist with regards to oilfield waste water facilities. Additionally, the RWQCB has not received complaints regarding odors emanating from the ponds. 1l1erefore, given the distance from the Project site, the topographic features between the Project site and the waste water ponds, and the lack of setback regulations and complaints, impacts of this facility on future on-site uses are considered to be less than significant. Mitigation Measure 5.4-4 of the Rnal EIR reduces impacts below a level of significance. The measure is as follows: 5.4-4 Prior to the recordation of any final map affected, the Project contractor shall coordinate with the Division of Oil, Gas, and Geothermic Resources to veñfy that the existing abandoned wells meet current closure requirements. Should abandonment or reabandonment be required, appropriate closure activities shall be completed under consultation with the Division of Oil, Gas. and Geothermal Resources. Verification of adequate abandonment or reabandonment shall be provided to the Planning Director prior to the recordation of any final map affected . 5.4-6 Project implementation would not create a significant hazard to the public or thé environment through the tong-term use of hazardous substances for the purpose of long-term maintenance. Compliance with State and applicable local regulations would reduce potential impacts to less than significant levels. Facts SuoDOrtinQ Findinq The proposed annexation, General Plan Amendment (GPA), and zone change does not involve construction activities within the Project site at this time. Future on-site uses indude 1,300 residential units, a park site, and fire station. Therefore, in the Mure, the on-site storage and use of hazardous materials may indude fire suppression substances, fuel, cleaning solvents, fertilizers. pesticides, and other materials used in the regular maintenance of residential structures. With proper use and disposal, these chemicals are not expected to result in hazardous or unhealthful conditions for nearby residents or maintenance workers, However, this future development would be subject to enVIronmental and design review on a site-specific, project by project basis. Additionally, future development would be required to comply with all applicable local, State. and Federal regulations and poliCies regarding hazardous materials Mitigation Measure 5.4-6 of the Final EIR reduces impacts below a level of significance. The measure is as follows: JN 10-103781 36 June 2005 ~ 'òAk~1' <:) <I' :>.. -f\ .... - _ m " r- O~/GNAf "10 uravo AnnexaUOfl 1"40. "It01 rrqect GPAlZC No. M-0853 5.4-6 No mitigation measures beyond compliance with State and local regulations are required. Cumulative tmpacts 5.4-7 The proposed Project. in combination with other cumulative projects, could increase exposure to the public of hazardous substances. Compliance with Federal, State, and local requirements on a project-by-project basis would reduce cumulative impacts to a less than significant tevel. Facts Supportinq Findinq Compliance with Federal, State, and local regulations would ensure that contamination or exposure to hazardous substances is avoided or controlled to minimize the risk to the public on a case-by-case basis as the cumulative projects are constructed. Mitigation Measure 5.4-7 of the Final EIR reduces impacts below a level of significance. The meaSlKe is as follows: 5.4-7 No mitigation measures beyond those identified on a project-by-project basis are required. AESTHETICS/LlGHT AND GLARE Short-Term (Construction) Aesthetic Impacts 5.5,1 Grading and construction of individual phases would temporarily aller the visual appearance of the Project area. Impacts are considered to be short-term, woufd cease upon completion of construction activities, and would be reduced to less than significant levels with implementation of the recommended mitigation measures. Facts Supportinq Findinq Project construction activities would temporarily disrupt views across the site from surrounding areas. Graded surfaces, construction debris. construction equipment and heavy truck traffic would be visible. Soil would be stockpiled and equipment for grading activities would be staged at various locations throughout the Project site. The use of metal storage containers in conjunction with construction activities would be subject to Section 17.57.050 of the Bakersfield Municipal Code, which allows the use of metal storage containers for construction. subject to approval by the Building Director. These impacts would be short-tenn and would cease upon Project completion. With the implementation of the recommended mitigation pertaining to location of screening area and with compliance with Bakersfield Municipal Code requirements, short,term impacts would be reduced to less than significant levels. Mitigation Measure 5.5-1 of the Final EIR reduces impacts below a level of significance. The measure is as follows: .IN 10-103781 37 June 2005 ~ 'ò"-KS''9. a ~ >- - t: f!J " ORIGINAL<:> 1<10 tsnIvo AnOðXauon NO. ~I ProJ4!tCt GPAJZCNo.~53 5.5-1 Temporal}' construction equipment staging areas shall be located within the Project site through the duration of construction. Appropriate screening (e.g., temporal}' opaque fencing (six feet in height)) will be used to buffer views of construction equipment material, when feasible. All construction activities shall also be consistent with the Bakersfield Municipal Code requirements and conditions of approval. Staging locations shall be indicated on final grading plans. Long-Term Aesthetic Impacts - Off-Site 5.5,3 Future development allowed under the proposed General Plan Amendment and zone change may alter views to Analysis has concluded that less than significant visual impacts would occur with incorporation of recommended mitigation measures the surrounding area. Facts SUDDOrtinq Rndinq The open space and hillside areas surrounding the Project site are classified as scenic resources within the Meúopolitan Bakersfield General Pian. The foothill area, which is visible through much of the City, creates a backdrop and provides visual open space within the eastem portion of the City. Development, particularly if it is dense. will result in a signifICant loss of the aesthetic value of the Project area to the community. The Metropolftan Bakersfæld General Plan states that land use intensification has the potential to alter landfoons, scenic vantage points, overall character, and potentially affect scenic resources. In addition, because of the steepness of the foothills, even development of individual single family dwellings on large lots can, along with the needed access roads, result in substantial degradation of the area's aesthetic values. Views of the foothills are currently available for motorists, pedestrians, and residents located throughout the City and within the immediate vicinity of the Project site. In the immediate Project area, views to the foothills are currently unobstructed, thus the change in visual character from open space to developed conditions would be a distinct visual alteration compared to existing conditions. As stated in the previous Impact Statement and analysis, the ultimate conversion of the 617,acre undeveloped Project site to urban uses represents a significant and unavoidable on-site aesthetic impact. Notwithstanding that conclusion, potential view impainnents to the foothills are not considered to be significant, as future site development would be guided by applicable General Plan policies and implementation actions set forth in the Land Use Element and Open Space Element. Grading techniques such as limiting the overall shape, height and grade of any cut and fill slope contour to match the existing natural contours and scale of the natural terrain, as prescribed in Chapter 17.66 of the Bakersfield Munic'paf Code would serve to minimize obstruction of off-site views. This would be enforced through subsequent environmental and design reviews conducted on a site,specific, project by project basis to ensure visual aesthetic affects are limited to the greatest extent possible. View impairment impacts are therefore considered less than significant with implementation of mitigation measures referenced at the end of this section Mitigation Measures 5.5-3a through 55·3c of the Final EIR reduce Impacts below a level of significance. The measures are as follows: IN 10-103781 38 June 2005 ~ ~AK(!"1' () ô' "- '" I- ;;¡ - ,.... () OAIGINAE" f'\10 tnavo Annexauon NO. ~i I1"Oject GPNZC No. 04-0853 5.5-2 Future on-site development shall be completed in compliance with the goals and policies of the Metropolitan Bakersfield General Plan, Chapter 17.66, Hillside Development Combining Zone of the Bakersfield Municipal Code, and the goals and policies of the Metropolitan Bakersfield General Plan. 5.5-3a Future on-site development shaH be completed in compliance with the goals and policies of the Metropolitan Bakersfield General Plan, Chapter 17.66, Hillside Development Combining Zone of the Bakersfield Municipal Code. 5.5,3b Grading for future development phases shall be designed in accordance with acceptable grading criteria as defined in Chapter 17.66, Hillside Development Combining Zone of the Bakersfield Municipal Code. Grading plans shall consider the following: 1) manufactured cut and fill slopes exceeding ten feet in height which are exposed to any pUblic view shall be landform graded so that their ultimate appearance will resemble a natural slope and 2) slopes along streets and highways, slopes adjacent to parks, schools. open spaces, and other public facilities shall be engineered to retain as much natural slope as possible. Compliance with this measure is subject to grading plan review and approval by the City Engineer prior to issuance of grading permits. 5.5-3c Maximum grade of streets, public or private, and other access easements shall be determined in accordance with a Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO) 1990, for design of maximum grades for arterials, collectors, and local streets. Light and Glare Impacts 5,5,4 The Project would generate additionallightlglare beyond existing conditions due to street lighting and project·œlated vehicular traffic. Less than significant impact with incorporation of mitigation measures. Facts SUPpOrtif1Q Findinq Implementation of the propOsed Project would convert portions of the Project area to an urban, built environment. thus resulting in the introductioo of light into the area. The introduced light would consist of lighting for residences and streets. If thiS lighting is not adequately focused or screened, it may cause spilH>lIer lighting and glare that may present a nuisance to residential uses or act as a deterrent to wildlife in sensitive habitat areas during evening hours and may present a nuisance or potential safety hazard by distracting motorists during daylight hours. Light and glare impacts can be substantially reduced through siting development in areas that utilize existing topographic features as a barrier. With the implementation of Ihe recommended mitigation measures, light sources from individual future on-site residential development would not have a significant impact on surrounding areas. Street lighting illumination would be comparable to existin9 nearby residential developments. Proper lighting techniques to direct li9ht on,site away from adjacent properties would reduce potentl3l light and glare impacts to a less than slonificant level. According to the Metropolitan Bakersfield General Plan EIR. development that would convert vacant land to urbanized uses would create additional sources of light and glare. X 'òA/(S'~ u ~ IN 10-103781 38 June 2005"- - f- IT! - ,.. "'OR'G'NA~ .....tV UO.....U """IIIOA-aU"" ~"'.~, rtqect GPNZC No. 04-œS3 The Metropolitan Bakersf'teId General Plan provides goals and policies that would serve to reduce aesthetic impacts associated with light and glare and it provides progI8mS that serve to implement the goals and policies that address light and glare in MeIropoIitan Bakersfield. Therefore, Mure development would be required to comply with the goals and policies of the General Plan as well as undergo project SpecifIC environmental and design review by the City and/or County. Implementation of the recommended mitigation measures and proper lighting techniques, compliance with the General Plan, and environmental and design review would reduce future project impacts to Iéss than significant levels. Mitigation Measures 5.5-4a and 5,5-4b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.5-4a Lighting for all future on,site development proposals shall be designed in accordance with the goals and policies of the Metropolitan Bakersfield General Plan. This measure is subject to the requirements of the Bakersfield Municipal Code. 5.~ Exterior lighting shall be implemented pursuant standards and specifications contained in Bakersfield Municipal Code Section 13.12.030 (B). SIbfivision Design Manual, and other applicable standard manuals referenced under Section 13.12.030 (B) which include minimization measures for outside lighting to utilize low pressure sodium lighting andlor the provision for lighting to be shielded and filtered according to wattage and lamp type. TRAFFIC AND CIRCULATION Short-Term (Construction) Impacts 5.6-1 Project-related construclion activities would result in temporary circulation impacts on nearby residents, pedestrians, bicyclists, and potential traffic congestion. However, these impacts are considered a temporary nuisance and would cease upon Project completion. Implementation of recommended mitigation measures would reduce impacts to less than significant levels. . Facts SUPpOrtinq Findino Anticipated construction.,elated traffic and circulation impacts would be considered a temporary nuisance that would cease upon completion of Project construction. Preparation of a detailed Traffic Management Plan (TMP) would be required prior to construction of the proposed Project. The TMP would delineate all road ctosures, provisions to maintain access to nearby residential properties at all times, adequate sign-postings, detours, provisions for pedestrian, bicycle transportation, and permitted hours of construction activity, Proper detours and warning signs will be established along the Project perimeter to ensurr public safety. The TMP shall be devised so that construction would not interfere with emergency respOnse or evacuation plans. Due to the relatively rural nature of the Project and surrounding vicinity. implementation of the TMP and recommended mitigation would result in less than significant impacts. Mitigation Measures 5.6,1a and 5.6-1b of the Final EIR reduce Impacts below a level of significance. The measures are as follows: IN 10-103781 40 ~ ßA/(~~ a cP ;>... ." June 2005 ~ m ()OÞ.IGINA? KIO Uravo Annex.atlon No. 4Cil Project GPÞnC No. 04-0853 5.6-1a With submittal of a grading plan, a Traffic Management Plan (TMP) shaH be submitted fOf' review and approval to the City of Bakersfield Public Works Department. Such plan shall consist of prior notices. adequate sign posting, and detours (including fOf' pedestrians and bicyclists). The TMP shaft specify implementation timing of each plan element (prior notices, sign-posting, detours, etc.) as determined appropriate by the City Engineer. The TMP shall be reviewed and approved by the City PoIiœ and Rre Departments so that construction does not interfere with any emergency response Of' evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts. 5.6-1b Proper detours and warning signs shall be established to ensure public safety. This includes the use of proper lighting (where appropriate); fencing and shielding; proper storage of equipment and construction supplies: and covering loose piles of soil, silt. clay, sand debris, or other earthen material. Traffic Generation 5.6-2 Projed implementation may cause a significant increase in traffic when rompared to the traffic capacity of the street system and may exceed an established LOS standard. Less Than Significant With Mitigation Facts SUPpOrtinq Rndinq The annexation and corresponding General Plan Amendment (GPA) and zone change would allow the development of up to 1,300 residential units at build out. The traffic related to the proposed Project was calculated in accordance with the following accepted procedural steps: (1) Trip Generation; (2) Trip Distribution; and (3) Traffic Assignment. Overall, to lessen Project impacts, mitigation is recommended. which requires payment of traffic impact fees and Project fair share contribution towards implementation of improvements. Mitigation Measure 5.6-2 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.6-2 Refer to Mitigation Measures 5.6-48 and 5.6-4b, below. Access 5.6-3 Future development of the site would require secondary access to provide adequate site circulatIOn and emergency access. Analysis has conduded that with incorporation of recommended mitigation measures, impacts are reduced to less than significant Facts Supportinq Findinq In accordance with the 2010 General Plan update. it was assumed for the purposes of the Traffic Study that a northeaster1y extension of Chase Avenue to Comanche Drive would be completed by the year 2024. It is anticipated IIlat this extension will be constructed in conjunction wIth adjacent development. 11 was also assumed that the segment of Chase Avenue extending easterty and southeasterly from Comanche Drive ~ 'òA/(~.... <:) ''Ø :>. -n IN 10-103781 41 June lO0!!:: iTi Q ,.... ORIGINAf KIO uravo AnneXaUOO f"40. 401 ....rOJÐct GPNZC No. 04-0853 to Breckenridge Road would be constructed fOf Mure anticipated traffic generated by the Project. From a transportation viewpoint. the proposed Project could develop up to 390 residences befOfe construction of Olase Avenue to Comanche Drive or Breckenridge Road would be required. Access on Miramonte Drive to State Route 178 would allow up to 390 residences while maintaining an acceptable level of service in both the existing and Mure conditions, provided that the proposed traffic signal is installed at the intersection of Miramonte Drive and State Route 178. However, City of Bakersfield policy requires secondary access points be provided on developments over 200 residences. Therefore, the construction of Chase Avenue to Comanche Drive or Breckenridge Road would be required prior to the recordation of the 200" residential unit on,site. As stated in Section 5.11. Public Services and Utilities, the City's Fire Department requires secondary access connection along Chase Avenue between Miramonte and Comanche Drive prior to recordation of future subdivisions on-site. Completion of Chase Avenue consistent with Mitigation Measure 5.11-1d in Section 5.11 would serve to meet adequate circulation and emergency access needs on-site. Mitigation Measure 5.6-3 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.6-3 Refer to Mitigation Measure 5.11-1 d in Section 5.11. Cumulative Traffic (2024 Conditions) 5.6-4 Implementation of the proposed Project, combined with cumulative project development, may cause a significant increase in traffic when compared to the traffic capacity of the street system and may exceed an established LOS standard. Less Than Significant With Mitigation Facts Supportinq Findinq Many agria.lltural areas within the Project vicinity are transitioning to residential and commercial land uses. Average annual growth rates of 0.2 to 18 percent were applied to existing traffic volumes to estimate Mure traffic volumes for the year 2024. The rates were developed based on a review of historical growth rates in the Project vicinity and KemCOG's TPPlUS traffic model fOf the year 2030. Overall, with adherence to the Metropolitan Bakersfield RTIF, applicable goals and policies of the Metropolitan Bakersfield General Plan, implementation of the Project's pro-rata share of the recommended improvements, and consideration of future circulation improvements on a project-by-project basis, cumulative traffic impacts would be mitigated to less than significant levels. Mitigation Measures 5.6-4a and 5.6-4b of the Fina! EIR reduce impacts below a level of significance. The measures are as follows: 5.6-4a Prior to issuance of building permits, the Project Applicant shall comply with the City's Regional Transportation Impact Fee Program (RTIF) in accordance with the standard residential, commercial. and industrial per- lot rate. IN 111-103781 42 ~ ~A/(~ June 200sQ ~ ;... ." .... - - /!' <.::> ,.... Of:!IGINALC:> _....__...._.. ."v__.,~__.____·___________________~·~_, GPAlZC No. 04-Ó853 5.6-4b For impacted intersections subject to fair-share improvements (refer to Tables 5.6-11 and 5.6-13), the Project Applicant shall participate in the improvements required on a pro-rnta fair-share basis, as indicated in Table 5.6-16, (Future Intersection Improvements and Local Mitigation). NOISE Short-Term (Construction) Impacts 5.7,1 Grading and construction within the Project area would result in temporary noise impacts on nearby noise sensitive receptors. Analysis has conctuaed that temporary construction noise woutd result in a less than significant impact with implementation of mitigation measures. Facts Suppertinq Findinq Construction activities would include demolition. grading, construction of buildings. and paving. Construction activities generally have a short and temporary duration, lasting from a few days to a period of several months. Groundborne noise and other types of constructiolHelated noise impacts would typically occur during the initial site preparation, which can create the highest levels of noise; but is also generally the shortest of all construction phases. High groundbome noise levels and other miscellaneous noise levels can be created by the operation of heavy-duty trucks. backhoes. bulldozers, excavators. front-end loaders, compactors, scrapers and other heavy-duty construction equipment. Operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Other primary sources of acoustical disturbance would be random incidents, which would last less than one minute (such as dropping large pieces of equipment or the hydraulic movement of machinery lifts). Standard residential construction in California provides a 20 dBA reduction of interior noise levels with windows closed and a 12 dBA reduction with windows open. Per the Bakersfield Municipal Code, construction would be limited to the hours of 6:00 AM to 9:00 PM on weekdays and 8:00 AM and 9:00 PM on weekends. Implementation of the mitigation (i.e., mufflingl placement of construction equipment and stockpiting/staging of construction vehicles) would serve to reduœ the noise levels to sensitive receptors and thus would result in a less than significant impact. Mitigation Measures 5.7-1a through 5.7-1d of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.7-1a Prior to issuance of grading permits. the contractor shall provide evidence acceptable to the City Planning Department that (1) all construction equipment. fixed or mobile. operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained mufflers; (2) construction activities shall be limited to the designated daytime hours as speCified by the City of Bakersfield (currently 6 AM to 9 PM on weekdays and 8 AM and 9 PM on weekends). No construction is allowed on Federal holidays. These restrictions apply to all trucks, vehicles. and equipment that are making or involved with material deliveries, loading or transfer of materials. equipment service. and maintenance of any devices for or within the Project construction site. IN 10-103781 .3 'òA/(~ June 2005 J ;s>(> ;:... "" I- ;;; - f"- " OFlIGINAC> .<10 tiravo Annexatton f"40. ~, t1'"Oie<;t GPAlZC No. 04-0853 5.7-1b During construction, stationary construction equipment shall be placed such that emitted noise is directed away from noise,sensitive receptors, to the satisfaction of the Building Official. 5.7-1c Prior to approval of the project plans and specifications by the City Planning Department. the construction contractor shall incorporate feasible muffling features into all construction vehicles and equipment and into construction methods, and shall maintain all construction vehicles and equipment in efficient operating condition. 5.7,1d The Project plans and specifications prior to approval by the City Planning and Building Departments, shall stipulate that stockpiling and construction vehicle staging areas shall be located as far away as practical from noise-sensitive receptors during construction activities. On-Site Mobile Source Impacts 5.7-3 Project implementation would generate additional vehicular travel on the roadway networlc, thereby resulting in permanent noise level increases. Analysis has concluded that with the incorporation of recommended noise attenuating design features, long-term vehicular- related noise would not exceed the City's 65 dB CNEL compatibility standard for future on-site residences. Facts Supportinq Findinq As indicated in the Acoustical Analysis, prepared by Gordon Bricken and Associates, the Year 2024 65 dBA CNEL contour would extend approximately 107 feet from the centerline along Breckenridge Road. The potential extent to which the traffic noise levels could affect the project lies along Breckenridge Road since it comes near the southeast comer of the Project site. The 65 dBA CNEL contours from the other roadways do not affect the project site. Some residential locations còuld potentially be exposed to traffic noise levels in excess of 65 dBA CNEL. Based on the conceptual nature of the site plan, the mitigation components cannot be adequately determined at this time. It is recommended that additional noise analysis be conducted prior to Tentative Tract Map approval to ensure that adequate noise mitigation is provided to meet the City of Bakersfield noise standards. The report would evaluate the interior and exterior noise impacts based upon the actual roadways, pad elevations and building design. With implementation of the recommended mitigation. which requires additional noise analysis. a less than significant impact would occur in this regard. Mitigation Measure 5,7-3 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.7,3 Prior to residential development, an acoustical noise analysis shall be prepared to ensure that exterior and interior noise levels are met. Residential buildings or structures shall prepare an acoustical analysis showing that the building has been designed to limit intruding noise to the level prescribed (interior of 45 dBA CNEL and exterior 65 dBA CNEL), To the extent feasible, the following site, planning techniques shall be implemented' IN 10-103781 44 June 2005 ~ 'PA/(~~ C) <1' '" on I- - _ m (.) r- OA/GINAf n.IU OldVO AIU\eXdUO(l RU...o1 t"'rOJeCl GPAlZC No. ~853 Increasing the distance between the noise source and the receiver. Using non-noise sensitive structures such as garages to shield noise-sensitive areas. Orienting buildings to shield outdoor spaces from a noise source. Incorporating architectural design strategies, which reduce the exposure of noise-sensitive spaces to stationary noise sources (i.e., placing bedrooms or balconies on the side of the house facing away from noise sources). These design strategies shall be implemented based on recommendations of an acoustical analysis for individual developments, as required by the City to comply with Oty noise standards Incorporating noise barriers. walls. or other sound attenuation techniques, based on recommendations of acoustical analysis for individual developments. as required by the City to comply with Oty noise standards. Modifying elements of building construction (i.e., walls, roof. ceiling, windows, and othef penetrations), as necessary to provide sound attenuation. This may include sealing windows. installing thicker or double1;¡lazed windows. locating doors on the opposite side of a building from the noise source. or installing solid- core doors equipped with appropriate acoustical gaskets. Stationary Source Impacts 5.7-4 Implementation ollhe proposed Project would result in the generation of on,site noise associated with future residential units. Analysis has concluded that impacts would be less than significant with the implementation of recommended mitigation measures. Facts Supportino Findinq Future development of residential lots would create stationary noise typical of any new residential development. Noise that is typical of residential areas indudes such things as children playing, pet noise. amplified music, car repair, pooVspa equipment. woodworking and home repair. Noise from residential stationary sources would primarily occur during the "daytime" activity hours of 7:00 AM to 10:00 PM. Furthermore, the residences would be required to comply with the noise standards set forth within the Metropolitan Bakersfield General Plan The General Plan states that exterior noise levels in residential property shall not exceed the basic noise standard of 45 dBA for interior noise and 65 dBA exterior residential property line. Thus, noise impacts from the residential uses are anticipated to be less than significant in this regard Mitigation Measures 57,4a and 57,4b of the Final EIR reduce impacts below a level of significance The measures are as follows: 5 7-4a As a condition of approval. when a site plan with sufficient detail is available. a final acoustical analysis shall be conducted to the satisfaction of the City Planning Department to confirm that electrical and mechanical equipment (i.e.. ventilation and arr conditioning units and pool equipment) IS specified in a manner that compiles with the NOise Level Performance Standard (NLPS) limit of IN 10-103781 45 June 2005 ~ 'PÄkçl' () cJ> :>- ." .... ¡;; - ,.... '-' ORIGINAC' -. . . ---~ GPAlZC No. ~853 50 dBA. The NlPS shall be applicable 00 any residential lot other than the lot in which it sited. In multifamily projects, the individual units shall be considered as individual residential uses and private areas such as patios and decks would be subject to the requirement. 5.1-4b Buyers, renters or lessees within the project whom are located within the proximity of Mesa Marin Raceway shall be notified of the raceway operations and that noise from this facitity may be audible on a periodic basis. AIR QUALITY Short-Term (Construction) Emissions 5.8,1 Temporary construction-related dust and vehicle emissions would occur during construction within the Project area. Analysis has concluded that impacts would be mitigated to a tess than significant tevel. Facts SupPOrtinQ RndinQ Short-term construction related emIssions are primarily related to the grading and construction phases of a project and are seen as temporary in nature. Compliance with SJVAPCD Rules and Regulations. the local zoning code, and additional mitigation measures will reduce PM,o fugitive dust emissions to ensure that emissions remain at a less than significant level. Actual emissions will depend on the level of activity and the type of control being used. In addition, the GAMAQI, recommends that projects with buildout periods in excess of five years to model the project's emissions at the midpoint of the duration of construction activities. As the proposed Project is expected to have a buildout of approximately ten years, an additional URBEMIS run was completed for the five-year mid,way point. The mid-way point emissions associated with the Project would be less than SJVAPCD significance threshold levels for ROG and NOx. As calculated by URBEMIS, short-term emissions with all listed equipment would result in less than significant levels. Annualized emissions are expected to remain below significance threshold levels even with overlapping phases and variations in equipment usage. Mitigation Measures 5.8-1a through 5.8-1d of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.8-1a To minimize engine exhaust emissions during Project construction. the Applicant shall implement the following measures: Properly and routinely maintain all construction equipment, as recommended by manufacturer's manuals. to control exhaust emissions. Shut down equipment when not in use for extended periods of time. to reduce pxhaust emissions associated with Idling engines. Encourage ride-sharing and use of transit transportation for construction employees commuting to the Project site. IN 10-103781 ~ « ~/IK~"9 June 2005 0 ~ >- - I;: ~ Q OAIGINAE> '''OJ ...........v #-..J...~....c...v" ,.v.~' . ......J........~ GPAlZC No. ~853 · Use electric equipment for construction whenever possible in lieu of fossil fuel,fired equipment. · Curtail construction during periods of high ambient pollutant concentrations. · Construction equipment shall operate no longer than eight cumulative hours per day. · All construction vehicles shall be equipped with proper emISSion control equipment and kept in good and proper running order to reduce NOx emissions. · On,Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under manufacture(s guidelines. · On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacture(s guidelines. · On-Road and Off-Road diesel equipment shall use cooled exhaust gas recircutation (EGR) if permitted under manufacture(s guidelines. · Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic and available to reduce NO. emissions. · All construction activities within the project area shall be discontinued during the first stage smog alerts. · Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average). 58-1b Construction of the Project requires the implementation of control measures set forth under Regulation VIII of the San Joaquin Valley Air Pollution Control District (SJAPCD) Fugitive PM,o Prohibition. The following mitigation measures, in addition to those required under Regutation VIII of the SJVAPCD, shall be implemented to reduce fugitive dust emissions: · Water previously disturbed exposed ~urtaces (soil) a minimum of three- times/day or whenever visible dust is capable of drifting from the site or approaches 20% opacity. · Water all haul roads (unpaved) a minimum of three,times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20% opaCity All access roads and par1<lng areas shall be covered with asphalt,concrele paving or waler sprayed regularly. · Dust from all on'sllc and off,site unpaved access roads shall be effectively stabilized by applYing water or using a chemIcal stabrlizer or suppressant. Reduce speed on unpaved roads to less than 15 miles per hour. IN 10-103781 47 June 2005 '< £>I\K~?> o <!;, >- - ~Q"IØINAJ.g '''~ ~.......... ..-.....,.....~..~" ..~. ~_. . .""'1'U....\ GPÞlZC No. ~53 · Install and maintain a trackout control device that meets the specifications of SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicle with three or more axles · Stabilize all disturbed areas, including storage piles, which are not being actively utilized for constructiori purposes using water, chemical stabilizers or by covering with a tarp, other suitable cover or vegetative ground cover. · Control fugitive dust emissions during land clearing, grubbing, scraping. excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. · When transporting materials offsite, maintain a freeboard limit of at least six inches and cover or effectively wet to limit visible dust emissions. · limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden). · Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. · Remove visible track-out from the site at the end of each workday. · Cease grading activities during periods of high winds (greater than 20 mph over a one,hour period). · Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials. · Grading should be conducted in phases. · Project site shall not be deared of existing vegetation cover until required by construction. · The project developer shall revegetate graded areas as soon as it is feasible after construction is completed. 5.8-1c Prior to issuance of any building permits, Contractors and/or Developer shall submit a written statement to the City of Bakersfield Planning Department stating that they shall maintain records documenting compliance with all mitigation measures as required and shall make such records available to the SJVAPCD upon request. 58,1d Prior to the issuance of any building permits, Contractors and/or Developer shall submit a written statement that they will allow an authorized representative of the SJVAPCD to review construction equipment activity and mitigation measure records for the purpose of assuring compliance with the applicable requirements of these mitigation measures and all tract development requirements. IN 10-103781 48 ~AIí(i: June 2005 0«' 1>(}' ;... -n .... - _ m Q r- OR/GINA? Gf'AlZC No. ~'8Šj Long-Term (Operational) Impacts 5.8-3 The Project would result in an overall increase in the local and regional pollutant load due to direct únpacls from vehicle emissions and indirect impacts from etectricity and natural gas consumption. With implementation of recommended mitigation, combined mobile and area source emissions would not exceed SJVAPCD thresholds for NO, and ROG. Analysis has concluded that impacts would be mitigated to a less than significant level. Facts SupportinQ FindinQ As a result or nonnal day to day activities occurring on the Project site after occupation, operational emissions would be generated by both stationary and mobile sources. Stationary source emissions would be generated by the consumption of natural gas for space and water heaters, and landscape maintenance equipment Mobile emissions would be generated by the motor vehicles traveling to and from the Project site. Mitigation Measures 5.8-3a and 5.8-3b of the Final EIR reduce impacts below a level of significance. The measures are as follows: To reduce emissions from mobile sources, incorporate transportation control measures and design features into the Project. The below,listed control measures provide a strategy to reduce vehicle trips, vehide use, vehide-miles traveled, vehide engine idling, and traffic congestion for the purpose of reducing motor vehicle emissions and are therefore required in order to achieve the necessary emission reduction. · The project desIgn shall comply with standards set forth in Tille 24 of the Uniform Building Code to minimize total consumption of energy. · The developer shall position as many home sites as possible with a northJsouth exposure. · The developer shall ensure that all residential units are designed in compliance with SJVAPCD Rule 4901 regarding wood burning fireplaces and wood burning heaters. · Applicants shall be required to comply with applicable mitigation,measures in the Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJVUAPCD, · The developer shall petition the Golden Empire Transit District (GET) to conduct a service study to determine if the project site warrants being annexed into the GET operational system · Specific bus turnouts and shelters shall be located al appropriate locations to serve residential sites wIthIn the project area In consultation with the Golden Empire Transit Distnct. The bus turnouts and shelters shall be planned by developers in the project area and local transportation coordinating entities to encourage the efficient and practical use of putJlic transit entities servicing the project area. IN 10-103781 48 June 2005 ~ 'òMl:~ o ~ >- - ~ ~ " /;) ORIGINAL f\.IV U''''''V ,.....,,'U^<IIUVH ..V......., II" IUJ0\,..\ GPÞn.C No. ~853 5.8,3b To achieve the emissions reductions as described above, mitigation programs such as, but not limited to the following, shall be considered by the subdivider: SJVAPCO Mitioation Fund: Should the SJVAPCO implement an air quality mitigation program, the subdivider, could elect to participate as set forth below. The Developer may provide emissions offsets through participation in a voluntary emission reduction program (VERP) through the San Joaquin Valley APCO. The VERP will require the developer to enter into a binding agreement with the SJVAPCD that will require the SJVAPCD to: Review the air emission impact assessment protocol and quantification of emission estimates attributable to the project. Acceptance of the estimated monetary value of the emission reductions to equal the emissions from the project Locate and implement the emissions reductions. Certify that the emission reductions have been made to the lead agency and the developer in the fonn ora certificate. · During the life of the project, if the City of Bakersfield adopts an emissions mitigation program that provides equal or more effective mitigation than measures listed in this analysis, the developer may choose to participate in the City's program to mitigate air quality impacts. · The purchase of Banked Emission Reduction Credits (ERCs) will fully offset the project. ERCs. which have been approved by the SJVAPCD, are retained in the emission inventory for the air basin. Purchase and surrender of ERCs removes them from this inventory, thus fully offsetting the incremental increase to the emissions inventory from this project. Therefore, the emissions inventory contained in the SIP and used for the AQAP will not increase as a result of this project and the AQAP remains valid. · Should ERCs not be available or deemed cost effective, the developer may provide offsets through other means acceptable to the City Planning Department and approved by the SJVAPCD. · Fees paid to the SJVAPCO through an approved indirect source emissions fee program may be utilized to provide applicable offsets for the proposed project. Cumulative Impacts 5.8,6 Impacts on re<¡lonal air quality resulting from the proposed Project anÔ cumulallVe projects may impact existing re<¡,onal air quality levels on .J cumulative basIs. Analysis has concluded that less than significant cumulative Impacts wI/I) rrJcorporation of mitigation measures would occur. IN 10-103781 50 June 2005 ~ 'ò1\K$~ Q % ).. - >- IT _ l"- e) <:> ORIGINAL H.to tic-avo Annexation No. -w1 P"oject GPAlZC No. 04-41153 Facts SuPOOrtina Findinq The SJVAPCD Guide for Assessing and Mitigating Air Quality Impacts defines cumulative impacts as two or more individual effects which. when considered together. are considerable or which compound or increase other environmental impacts. The document also states "any proposed project that would individually have a significant air quality impact... would also be considered to have a signifICant cumulative air quality impact". Therefore, NO, and ROG are considered cumulatively significant. The cumulative analysis is based, in part, on a quantitative analysis of projects in the vicinity of the proposed Project. and is supplemented with an analysis of data utilized by It',e Kern COG adopted regional 9rowth forecast used for the regional air quality conformity analysis required by the 1990 Federal CAAA. The nearby project analysis quantifies operational project impacts along with all identified projects in the vicinity of the proposed site for comparison with the Basin totals for NO, and ROG. The Kem COG analysis confirms whether the proposed Project. when added to existing and proposed development and compared with local and regional growth forecasts, are in line with those forecasts. The analysis then determines conformance with SIP emission budgets or baseline emissions for NO" ROG. CO and PM,o. Along with the CO -Hot Spot" analysis and TAGs. the combined analyses provide a detailed description of the Project's overall cumulative impact on air quality. The proposed Project. can be considered part of the anticipated growth within the Planning Area Limits set forth by the Metropolitan Bakersfield General Plan. The Project, along with past present and reasonably foreseeable future projects will result in cumulative short,term impacts to air quality. The proposed Project. along with other past. present and reasonably foreseeable future projects will result in cumulative long-term impacts to air quality. The proposed Project's incremental contribution to these impacts will be mitigated to a level of insignificance. Mitigation Measure 5.8-6 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.8-6 Refer to Mitigation Measure 5.8,3a and 5.8-3b. BIOLOGICAL RESOURCES Short- Tenn (Construction) Impacts 5.9-1 Construction of the proposed Project would result in temporary impacts to biological resources in the Project area. Project adherence to all applicable construction mmimization measures outlined throughout this EIR. would reduce impacts to less than significant levels. Facts Supportinq Finding Grading activities would disturb soils and result in the accumulation of dust on the surface of leaves, trees. shrubs, and herbs. The respiratory function of the plants in the area would be impaired when dust accumulation is excessive. However. most of the vegetation on the Project site is non,native. Implementation of standard dusl suppression measures identified in Section 5.9, AIR QUALITY. would serve to reduce IN 10,103781 51 June 2005 ~ ~Mê?, Q ~ >- - I- m _ r-- V Q ORIGINAL Hlo U...vo Annexation NO. 4Ul Pf'Oject GPMC No. ~3 construction-related dust generation. Therefore, the indirect effect of impaired respiration by existing plant species on the Project site is considered less than significant. Noise levels on the Project site during construction of the proposed Project would likely increase above existing noise levels then return to a lower level following the completion of the construction period. However, temporary increases in noise levels are unlikely to impact wildlife because animals in the vicinity are limited. The Project is not expected to result in wildlife displacement adjacent to the site due to increased disturbance. Therefore, Project-related construction noise impacts would be considered less than significant. Mitigation Measures 5.9,1a and 5.9,lb of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.9-1 a Refer to mitigation measures provided in Section 5.9, AIR QUALITY. 5.9-1 b Construction vehide speed limits shall not exceed 15 mph and shall be posted throughout the site for the duration of construction activities. Open road culverts shall be provided during construction to prevent vehicular mortality of fox crossing roads. Special Status Wildlife 5.9-3 Due to the existing on-site and surrounding conditions, potential impacts to special status wildlife species are not expected to occur. However due to the potential range of such species, conformance to the MBHCP would be required to reduce impacts to less than significant levels. Less than significant impacts with incorporation of mitigation measures are anticipated in this regard. Facts Supportinq Findinq During the surveys conducted for the proposed Project, no listed wildlife species or their signs were observed. The Federally and State-listed Threatened San Joaquin kit fox is known to exist within the Project region, however, no signs or evidence of the kit fox suclh as scat or prey bones were identified on the site. No other species of concern were observed or expected to inhabit the Project site including, the Federal and State Endangered blunt-f1OSed leopard lizard, tricolored blackbird, Species of Concern burrowing owt, southwestern pond turtle, Federal Threatened valley elderbeny longhorn beetle, and Federal Endangered and State Threatened San Joaquin kit fox. All sensitive species listed above were not identified as part of the MBHCP except for the San Joaquin kit fox and the blunt,nosed leopard lizard. Compliance with the MBHCP is intended to conserve entire communities and ecosystems and prevent the loss of species ,md habitats. Although not known to occur in the immediate vicinity of the proposed Project site, impacts on habitat for speCial status species, including the San Joaquin kit fox, would be mitigated through the payment of a one-time mitigation fee due and payable to the City of Bakersfield at the time grading plans are approved or building permits are issued. The mitigation fee. as previously mentioned above, is currently $1,240 per acre. although it may be Increased In the future to keep pace with inflation. The mitigation fee will apply to the acres of all vegetation types directly impacted by the proposed Project IN 10-103781 52 June 2005 ~ ~M~1' o ~ :>- - >- m - ,... Q 0 ORIGINAL «10 tUavo AnneXBUOO .....0. 4H)J t""fOJOÇ\ GPAlZC No. _53 Also, the MBHCP requires certain take avoidance measures for San Joaquin kit fox dens. Although no fox dens were observed during the site survey. some potential, favorable areas were located on the Project site. such as surface pipes. It is also possible that new dens could be excavated or potential burrows could be occupied prior to construction. Agency guidelines regarding tracking and excavation will be followed to prevent entrapment of animals in potential dens. Mitigation Measures 5.9,3a and 5.9,3f of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.9-3a During construction, all pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If not capped or otherwise covered, the openings shall be inspected twice daily in the morning and evenin9 and prior to burial or closure, to ensure no kit foxes or other wildlife become entrapped or buried in pipes. 5.9-3b Excavations shall be provided with escape ramps or otherwise be covered to prevent entrapment. or the site shall otherwise be protected during construction through deployment of a wildlife exclusion fence. which would eliminate the possibility of ranging animals from being harmed during construction. Open excavations shall be checked twice daily, in the morning and evening, to preclude loss of wildlife from entrapment. 5.9-3c Prior to commencement of construction activities. preconstruction clearance surveys shall be conducted by a qualified biologist within 60 days of initial ground disturbance in accordance with the provisions of the MBHCP. Any identified kit fox dens shall be monitored, excavated, and backfilled in accordance with the MBHCP. the CDFG, and the USFWS. Survey windows for the San Joaquin kit fox can occur at anytime throughout the year. 5.9,3d Preconstruction clearance surveys shall be conducted on no more than 50-foot intervals during the immediately preceding blunt-nosed leopard lizard survey window, which is occurs in two seasons: 1) between April 15'" and July 15"'; and 2) extending between August 1st and September 15"'. Surveys shall occur accordingly to the USFWS recommendations for survey days for both survey seasons. 5.9,3e The Project Applicant shall conduct pre-construction surveys prior to ground disturbance to ensure that no burrowing owts are present on-site and to ensure avoidance of direct take or accidental entrapment of burrowing owls. If nests are encountered, use agency-approved buffer zones and avoid nests until the young have fiedged. Additionally. the following mitigation which meets CEQA requirements, will reduce impacts to this sensitive species to less than significant· . Occupied burrows shall not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist approved by the CDFG verifies through noninvasive methods that either: (1) the birds have not begun egg-laying and Incubation: or (2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival. JN 10-103781 53 June 2005 'òM~1' ~ ~ ~ - I- m _ r- '-' ~ ORIGINAL ...~ _. _. ~ . _...""......~.. . .~. 'V' . ................, GPAlZC No. 04-0853 5.9-3f The presence of any previously unidentified protected spedes, which are not addressed in the MBHCP shall be avoided and evaluated by a qualified biologist. The USfWS and CDFGshal1 be notified of previously unreported protected species. My take of protected wildlife shall be reported immediately to the CDFG and USfWS. Long-Term Impacts 5.9-4 The proposed Project would result in permanent long-term impads to biological reSQurces compared to existing conditions. Analysis has concluded that no significant changes in composition or distribution of wildlife would occur, However, implementation 01 mittgation measures would reduce impacts to less than significant impacts Facts SuooortinQ Findinq The following impact analysis evaluates long-term implications of the proposed Project on biological resources. Future development of the 617 acre Project site would result in the loss of native and non-native vegetation associations and the wildlife habitat they provide. Both native and non-native habitats within the Project site may provide nesting, foraging, and denning opportunities for a wide variety of wildlife species. However, non-native habitats generally provide low quality wildlife habitat. The future removal of native and non-native habitats within the Project site would result in the loss of small mammals, reptiles. amphibians. and other animals of slow mobility that are present within the Project area. More mobile wildlife species now using the Project site would be forced to move into remaining areas of open space, consequently increasing competition for available resources in those areas. This situation would result in the loss of individuals within the wildlife population that cannot successfully compete. The loss of native and non-native habitats from future on-site development would not result in any substantial reductioo of general wildlife population in the region because a substantial amount of open space is available adjacent to the Project site, Therefore, these impacts are considered to be less than significant. As previously desClibed under the Existing Conditions subsection. no wildlife migration corridors or wildlife nursery sites were identified during the field reconnaissance for the Biota Report. Thus. impacts would occur in this regard. As traffic and occupancy increases with future on-site development of the Project site, the incremental increase in traffic volumes and associated noise levels on,site and surrounding areas would increase beyond present levels. However. the northern portion of the Project site and adjacent open space to the east are currently influenced by stationary and vehicular noise sources associated with the RIo Bravo Country Club as well as existing construction actiVltres occurring in the immediate area Because of the large areas of open space available to the east. south, and west, the introduction of future residential land uses on-site would result in less than Significant nOise impacts to wildlife. Night lighting would increase due to car headlights and Project-i'6lated parking and night lighting during and after completion of the proposed Project. Lighting associated with car JN 10-103781 54 June 2005 x ~/>.KS'-9. a <¡¡, ". - I- m _ T- V a ORIGINAL ........v u(a'WQ AIlneXctllOfl NO.~' .....Oject GP AlZC No. 04-0853 headlights would not be present throughout the night and most of the light would not stray onto adjacent properties since night lighting would be designed to reduoe spillover into adjacent areas. Therefore, with implementation of mitigation measures, Project- related night lighting would be considered less than significant. Mitigation Measure 5.9-4 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.9,4 Lighting shall be shaded or shielded and directed down and away from adjacent agricultural areas to minimize increased pradation of species that may be using the adjacent agricultural fields. Refer to Section 5.5, AESTHETICS, LIGHT AND GLARE, regarding light spill over and glare mitigation measures, Cumulative Impacts 5.9-5 The proposed Project would result in the cumulative loss of open space resources within the City. Cumulative projects are mitigated on a project-by- project basis and in accordance with applicable local, State, and Federal requirements induding the MBHCP. Facts SuppertillQ FindinQ The City of Bakersfield is expanding rapidly in the northwest and northeast with new residential and associated commercial development being constructed. Cumulative development within the northeastern portion of Bakersfield would have the potential to adversely affect area biological resources. Regional loss of native areas is a significant Issue. The Metropolitan Bakersfield area is subject to the provisions of the MBHCP, thus cumulative impacts have been addressed and are considered mitigable to less than significant levels. Mitigation Measure 5.9-5 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.9,5 No mitigation measures beyond compliance with the MBHCP and project specific mitigation measures are recommended. CULTURAL RESOURCES Archaeological Resources 5.10-1 Implementation 01 the proposed Project may cause a signíllcant impact to unknown archaeological or historical resources on-site. Implementation of the recommended mitigation measures would reduce impacts to unknown archaeological resources to a less than significant level. facts 0UPpOrtillQ FindinQ No potentially significant cultural resources were identified on-site Adjacent to the propOsed Project three recorded cultural resources and one reported cultural resource exists within a half-mile radius and four recorded cultural resources exist within a one, mile radius. Additionally. no previous studies that involved the Project area were conducted. IN 10-103781 55 June 2005 ~ ~MS'-9. () IJ: >- ~ >- " _ r V <::; ORIGINAL ~~_.~~~_.,_~_.~___~"DD_'____ GPNZC No. ~853 As indicated above, the Project site is induded in an area that was historically inhabited and impor1ant to people during the prehistoric era. It is possible that erosional or depositional processes have obscured cultural remains that may be present. While it is unlikely that signifICant village or habitation sites exist within the area, there is always the potential, regardless of how remote, that cultural resources may yet be unearthed during construction. Ground-{jisturbing activities for the Project may involve grading for construction and excavation. Implementation of the proposed Project therefore has the potential to disturb or destroy undocumented archaeological or historical resources. Measures such as proper monitoring ot Project grading activities and testing of any resources found as a result of Project development would reduce potential impacts to undocumented archaeological resources to less than significant levels (refer to Mitigation Measures 5.10-1a and 5.10-1b). Mitigation Measures 5.10-1 and 5,1 Ob of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.10-1 a If archaeological resources are discovered during excavation and grading activities on-site, the contractor shall stop all work and the City shall retain a qualified archaeologist to evaluate the significance of the finding and appropriate course of action. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed and the treatment of discovered Native American remains shall comply with State codes and regulations of the Native American Heritage Commission. 5.10,1 b If human remains are discovered as a result of the Project during any earth removal or disturbance activities, all activity shall cease immediately and the Kern County Coroner's Office must be notified immediately under state law and a qualified archaeologist and Native American monitor shall be contacted. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. Paleontological Resources 5.10-2 Implementation of the proposed Project may cause a significant impact to buried paleontological rerources on-site. Implementation of the recommended mitigation measures would reduce impacts to unknown paleontological rerources to a less than significant level. Facts SUDDortinq Findinq As previously discussed above. the Project vicinity is immediately underlain by Quaternary (Holocene and Pleistocene) alluvium and compact sandy loom with small concentrations of sedimentary, meta,sedimentary and granitic rocks. No vertebrate fossil localities are known to eXist within the proposed project boundaries. However, localities nearby from the same sedimentary deposits that occur in the proposed Project area have found vertebrate fossil remains. Current records at the NHMLAC do not indicate any recorded fossil localities in the project area. However. based on known vertebrate fossil occurrences in the contiguouS deposits of the Kern River Formation. excavations in the proposed Project area have a good chance of encountering IN 10-103781 56 June 2005 ~ 'òM~~ C) ~ >- - I- m _ r- " ORIGINAé' ;'.¡ ,-~,.....v ,,,,,,,,,,,.<H··'·· .-. . . ~,~~. GPNZC No. 0+0853 signifICant, and perhaps rare, fossil vertebrate remains. Ground-<listurbing activities for the Project may involve deep grading or excavation. As a precautionary measure, a qualified paleontologist would be retained to inspect the excavations and resultant spill soils fO( the presence of fossil remains. If potentially significant fossil remains are identified, appropriate paleontological measures would be implemented to salvage the materials for study at a local institution such as the Buena Vista Museum of Natural History. Implementation of the recommended mitigation measure would reduce impacts to a less than significant level. Mitigation Measure 5.10,2 of the Final EIR reduces impacts below a level of significance. The measure IS as follows: 5.10,2 A qualified paleontologist shall be retained to examine earthwork spoils generated during construction activities. If paleontological resources are discovered the contractor shall stop all work and the paleontologist shall evaluate the significance of the finding and the appropriate course of action. PUBLIC SERVICES AND UTILITIES Fire Protection 5.11-1 Implemenfation of the proposed Project will result in the need for additional fire facilities or personnel. Future development would contribute to the new development or relocation of an existing fire station to serve the Project site. Compliance with fire safety standards and requirements would reduce potential impacts to less than significant levels. Facts Supportinq Findinq Due to the potential increase in urban development beyond existing conditions, additional demand for fire services may occur with implementation of the proposed Project. The City of Bakersfield Fire Department has not established a ratio of staff to resident population; however, current fire personnel are at a ratio of 0.79 per 1,000 persons. The Kern County Fire Department operates a ratio of 1.05 fire personnel per 1,000 persons. According to the service ratios of the City Fire Department and the potential population increase on the Project site, approximately 3.2 additional fire personnel would be necessary to maintain the current service ratio. The County Fire Department would need an increase of approximately 4.23 fire personnel. The City of Bakersfield Fire Department indicated that a future fire station, Number 12, is proposed to be constructed within the next five years. Therefore, the conditions for approval of future development on-site may indude an increase in both City and County Fire Department personnel Additionally, the City Fire Department indicated that they anticipate the proposed development will contribute to a new station or relocation of an existing station As a result. the City Fire Department Indicated that they may request a land dedication (two net acre standard) or a contribution to costs for fire proteclton in the Project site area The proposed Project has the potential or having shor1·term construction'related impacts. If dUring construction there is a need to redirect traffic or block access routes or residential streets. this could result in potenltal delays to emergency response times This impact would be temporary and implementation 01 the provided mitigation measures pertainin9 to coordination during construction would reduce impacts to less JN 10-103781 57 June 2005 ~ 'òMt-2 o ~ >- - ':= ~ <.J 0 ORIGINAL KIO tiravO AIlnexatton 1'\110. ~I ....fOject GPAlZC No. 04-0853 than signifICant levels (refer to Section 5.5, TRAFFIC AND CIRCULATION). Additionally, compliance with fire safety standards and requirements such as sprinkler systems, fire alarms, emergency access and adequate fire flow at public and on-site hydrants would be required during the plan check process and would reduce impacts to less than signifICant levels. Any development on-site shall be subject to the provisions of the Uniform Fire Code and local amendments, Title 19, 22, and 27 of the california Safety Code Regulations, the Bakersfield Municipal Code, and the National Rre Prevention Association Standards. Mitigation Measures 5.11-1a through 5,11,1e of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.11-1 a Future development projects shall be reviewed by the City of Bakersfield Fire Department. Specific Department requirements for access, fire flow, hydrants, or other fire and life safety requirements shall be addressed at the subsequent property entitlement phase. . 5.11-1 b Residential projects shall meet fire-tlow requirements in accordance with relevant City building codes and City fire codes. 5.11-1 c Refer to Section 5.6, TRAFFIC AND CIRCULATION, for short-term construction mitigation measures. 5.11-1d Prior to recordation of any subdivision to allow residential development. a secondary access connection along the Chase Avenue alignment, from Miramonte to Comanche Drive shall be provided to the satisfaction of the Fire and Public Works Departments. 5.11-1 e Within the Project site, a minimum of two net acre site for development of a fire station shall be dedicated to the City. This fire station shall be in the vicinity of the Chase AvenuelMiramonte Drive intersection. Final site location and timing will be determined by the Fire Department. Police Protection 5.11-2 Implementation of the proposed Project will not result in the need for additional police facilities or personnel. Impacts are reduced to less than significant levels with compliance with City standards and recommended mitigation measures. Facts Supportinq FindiÐ.g Construction of the proposed Project would create an increased demand for police services on the Bakersfield Police Department and the Kern County Shenffs Department. At buíld-<Jut, the proposed Project may generate a population of 3.875.3 persons. The City of Bakersfield Police Department has a current staffing level 01 approximately 1.3 officers per 1.000 residents According to the City 01 Bakersfield Police Department, based on the current staff. population of Bakersfield, number of proposed residential units, and using 3.2 persons per household; the Police Department would need to be increased by at least one sergeant, five officers, and two non-sworn personnel to adequately service the development. The Bakersfield Police Department provided several mitigation measures which are safety components fundamental to any IN 10-103181 58 June 2005 ~ ~M('<2 a ~ >- - I-- rr - ,.. Q C:> ORIGINAL Hio Bravo Annexation No. 467 Project GPAlZC No. ~853 new development. These measures are included in Section 5.11.4, MITIGATION MEASURES, below. The Kern County Sheriffs Department uses a target-staffing standard of one officer per 1,000 persons (excluding offlC6f'S assigned to the Civil Division, Detentions Division. and administrative staff), however the current staffing levet is 0.83 persons per 1.000 persons. Therefore, implementation of the proposed Project would result in the need of 3.22 additional officers. The Sheriffs Department indicated that as new housing dev~lopments are completed, the number of officers required to provide adequate patrol service will increase accordingly, The addition of officers, clerical staff, and law enforcement equipment pursuant to conditions of approval as set forth by the City of Bakersfield would decrease the demand on existing police services and reduce the significance of impacts to less than significant levels. Similar to the fire protection services, the proposed Project has the potential of having short-term construction related impacts. If during construction, there is a need to redirect traffic ()( block access routes ()( residential streets, this could result in potential delays to police response times. Furtherm()(e. construction areas may require additional police monitoring throughout the duration of Project construction both during day and nighttime periods. These impacts would be temporary and implementation of the provided mitigation measures pertaining to coordination during construction would reduce impacts to less than significant levels. Mitigation Measures 5.11-2a and 5.11-2b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 511,2a Several project safety components are fundamental in the development of any new project. These include. but are not limited to: · The prevention of visual hindrances in regards to public gathering locations. · Planning considerations and elimination of traffic hazards at the Project's conceptual level. · Preventing the manufacturing of unintentional isolation locations for individuals while engaged in recreational and/or conveyance in or around the project site. 5.11,2b Refer to Section 5.6, TRAFFIC AND CIRCULATION. for short-term construction mitigation measures, Schools 5 11,3 Development 01 the Project site would generate additional students beyond existing conditions. tmpacts are reduced to less than Significant with Implementation of required mitigatIon measures. Facts SupportillQ Findinq According to the Kern County Superintendent of Schools, the proposed Project will not have any environmental impacts on school facilities, however the proposed residential IN 10-103781 511 June 2005 ~ 'òMt~ C) ~ ;:.... - ..... rn _ r-- <.) ORIGINALC;) Rio Hravo Annexation No. 401 Project GPAlZC No. 0«853 development will have a significant impact on the Bakersfield City and Kern High School District's facilities. Current student generation factors fO( the elementary schools within the Bakersfield City School District are based on a generation rate of 0.721 students per dwetling unit. TIle current student generation factors fO( the high schools within the Kern High School District are based on a ratio of 0.2293 students per single-family unit. Table 5.11-1, GENERATION OF STUDENTS, demonstrates the potential number of students generated by the proposed Project TABLE 5.11-1 Generation of Students Generation Factors Dwelling Units Total Number of Students Elemenf.atylMiddle School 1,300 937.3 O.n1 studentsIUnit High School 1,300 298.09 0.2293 studentslsinole familv 5oufœ: lelte<from the School Dis1rict FacifitvSeMoes Offlœ, dated JanuaIV 31, 2005. The development of the proposed Project would generate additional students beyond existing conditions and would require the construction of additional school facilities, including the construction of new schools to serve the increased population. Both elementary school and high school facilities would be required. No elementary schools are currently planned for construction. The Kern County Superintendent of Schools indicated that the Bakersfield City School District would need to buy land and obtain funds for new school construction Additionally, the proposed Project would be required to contribute development impacts fees to the school districts in accordance with the below,mentioned standards and policies Pursuant to Government Code Sections 65995, 65996, and 65997, mitigation of the proposed Project's impacts on public school facilities will be limited to the collection of statutory fees authorized under Education Code Section 17620 and Government Code Sections 65995, 65995.6, and 65995.7 at the time that building pennits are issued. Currently these fees are set a $2.24 per square foot, and amount subject to adjustment every two years. However, if either or both districts adopt the alternative fees authorized by Government Code Sections 65995.6 and/or 6995.7, fees required for this project may be significantly higher than the current amount. Mitigation Measure 5.11-3 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.11,3 Pursuant to Government Code Sections 65995, 65996, and 65997, mitigation of the proposed Project's impacts on public school facilities will be limited to the collection of statutory fees authorized under Education Code Section 17620 and Government Code Sections 65995. 65995.6, and 659957 at the time that Juilding pennits are issued Currently these fees are set a $2.14 per square foot. and amount subject to adjustment every two years. However. ,f either or both dlstncts adopt the alternative fees authorized by Government Code Sections 65995.6 and/or 6995.7, fees required for this project may be significantly higher than the current amount. IN 10-103781 60 June 2005 x ~Mê'~ () % >- - >- m _ f"- (.) ORIGINAE> N.IO uravo Al1neXélUOn .....0. 401 prOject GPAlZC No. ~853 Par1<s and Recreation 5.11-4 Development of the Project site woutd aeate additional demand on Parks and Recreation facilities. Anatysis has concluded that although impacts are less than signiflC8nt, the Project shatt be subject to Bakersfield Municipal Code requirements for Parks and Recreation facitities. Facts SuppertinQ Findinq According to the City of Bakersfield Recreation and Parks Department no existing city maintained parks or recreational facilities are located within Y:.-mile of the Project site. The applicant shall be required to either dedicate land, or pay in lieu fees pursuant to Bakersfield Municipal Code 15.80. Additionally, the applicant shall be required to pay a park improvement fee of $1,275 per dwelling unit. According to the Department of Recreation and Parks, it is likely that dedication of land for a neighborhood park will be recommended for the subject site. A final decision to dedicate land or pay ¡n-lieu fees will be made by the Bakersfield Planning Commission with approval of the tentative tract map. The proposed Project shall be required to be annexed into the Specific Parks and Trails Plan for Northeast Bakersfield to guide park and trail provision and development. Mitigation Measure 5.11-4 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.11,4 In accordance with an ordinance of the City of Bakersfield, land must be dedicated for park uses by the developer of new residential subdivision projects at a standard of 2.5 acres per 1,000 persons, and the developer must pay park development fees. Location and timing of park facilities to be determined by the City of Bakersfield. Water Resources 5.11-5 Implementation of the proposed Project would not require the expansion of existing water distribution or supply facilities within the project area. tncorporation of mitigation measures would reduce impacts to less than significant. Facts SupportinQ Findinq The Water Suppty Assessment Report for Development Project in Section 23, T29S, R29S ;n Northeast Bakersfield, California conduded that the proposed Project would result In the demand of approximately 943,910 9allons per day or 655 gpm. The following Table, 5.11,2 PROJECTED URBAN WATER DEMAND. illustrates the anticipated water use Within the Project site upon buildout. The domestic water demand is calculated based upon an average daily use of 205 gallons per capita per day (gpcd). an avelage of 3.5 persons per single family residential unit. and a total of 1,300 units, For the proposed parkJopen space area is based on an area of five acres. a usage of 2.5 ftIyr. and a total of 235,851 gallons per acre,foot. Cal Water's per capita water usage In the Bakersfield District is 352 gallons/person/day for the year 2002. However, for the purposes of Water Supply Assessment for the proposed Project. it was assumed that water conservation measures will be incorporated into the residential units, therefore the average per capita consumption rate will be closer IN 10-103781 61 June 2005 X 'òM~1' c ~ :>- - >- m - f- a C ORIGINAL .,,'" ......u.'" '""'..................".. ..". -."'. . .....Ju.....~ GPNZC No. ~853 to the City of Bakersfield's demand, which in 2002 was 205 gallons per day. Similar to the residential usage rates, the parkJopen space demand estimate utilized 1.70 gallons per day rather than the 1.84 gallons/day typical of Gal Water's Bakersfield District, assuming the usages will be metered and conservation measures will be incorporated into the design of the project. In its Water Supply Assessment, Gal Water estimated tlnat water service to residents in the inilially completed residential phase will occur in June 2006. Complete buildout is estimated to take place over 10 years. For the purposes of the Water Supply Assessment, it is assumed that the entire development will be completed and occupied in June 2016. Gal Water projects an average daily demand of 70.7 million gallons/day for 2006. Gal Water's estimated average daily demand for 2016 is 80.8 million gallons/day, so the estimated increase in demand for the 1O-year period is 10.1 million gallons/day. If the proposed development were fully occupied by June 2016, it would represent approximately 9.8 percent of the projected increase in forecasted water demand over the next 10 years leaving 90.2 percent for other projected and general growth witlnin the Bakersfield District. Gal Water schedules preparation of plans, designs, and construction of new surface water treatment plants, wells, and related distribution and storage facilities so as to increase supply capacity ahead of projected demand growth. This planning process provides the means to maintain excess supply capacity to accommodate more rapid growth than anticipated and dry weather periods tlnat might result in temporary declines in the groundwater table level and surface water sources. Typically the goal for supply capacity in Bakersfield is to accommodate the maximum day demand (1.84 times the average) with additional capacity reserve to cover the loss of the single largest source supplYing water. Gal Water will provide tine Applicant with a will serve letter indicating its intention to provide water services to future residents of the Project site. The infrastructure required for a complete water system will include transmission lines, a distribution system, and meters and meter reading system. Cal Water will be responsible for compliance with state and city standards with respect to pipe sizes, fire flows, equipment, materials. valves. appurtenances, and interties with Gal Water's Bakersfield system. Cal Water's Bakersfield District supported by its engineering, water quality, and customer's service staff in San Jose, will be responsible for providing ongoing operations and maintenance services for tine constructed water facilities. The Water Supply Assessment concluded that for a 20 year future planning period, the Bakersfield District has more than adequate water supplies to meet the project demands associated with the proposed Project 10 addition to those of its existing customers and other anticipated future uses under normal, single dry year, and multiple dry year conditions. Therefore, a less than srgnificant impact would occur in this regard with implementation of mitigation measures Mitigation Measure 5.11-5 of the Final EIR reduces impacts below a level of Significance The measure IS as follows: 5.11-5 Prior to filing a finallracl or parcel map, the developer/owner shall record a covenant for each lot in tine subdivision that prohibits the export of groundwater from the subdivision except by tine water purveyor tlnat is serving the JN 10-103781 62 June 2005 ~ 'òÞ.K~'9 C> <!;. >- - t- m _ r- c> C> ORIGINAL ,-"v ..~,..~..... ..--....''''''.,,~n ..-- .-- - - -~ - -- GPAlZC No. 04-()853 subdivision. Additionally, the developerlowner shall pay fees for inspection of installation of water facilities and Water Availability Fees. Payment of fees shall be made to California Water Service on a pro-rata basis prior to final acceptance and req:xdation of each phase of the Project. based on the percentage of the' gross acreage contained in the particular phase to be accepted and recorded, as compared with the local gross aCfeage within the entire Project. All water main, service connections, and fire hydrants shall be installed by the developer and dedicated to the California Water Service. Plans and specifications for such water mains and appurtenances shall be prepared by and/or approval of plans for installation shall be by the California Water Service. All improvements must be installed or bonded for prior to the Califomia Water Service issuing a letter guaranteeing a water supply. Solid Waste/Landfills 5.11,7 Implementation of the proposed Project would not result in increased demand for solid waste services. Short-term construction impacts resulting from construction debris would increase solid waste on a temporary duration. With implementation of applicable recycling programs, impacts would be reduced to less than significant levels. Facts SupportillQ Findinq Implementation of the proposed Project would not result in the increased demand for solid waste services. The Project will generate construction debris on a short-term temporary basis during construction The Project also proposes a limited amount of deconstruction to accommodate the proposed improvements and the anticipated deconstruction materials and raw construction debris are not anticipated to be significant. The County charges up to $36 per ton fee at landfills for disposal of construction waste. Recycling of construction debris would reduce potential waste to landfills in the County and contribute to the recycling goals set forth by the City of Bakersfield and AB 939. Upon completion of the annexation, the Project site will be automatically included in the Bakersfield Universal Collection Area. Project implementation would not adversely impact existing landfill capacities. Mitigation Measure 5.11-7 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.11,7 All construction debris and construction-related debris shall be separated into recyclable and non-recyclable items to the greatest extent possible. All recyclable debris shall be transported to appropriate recycling facilities so as to reduce waste disposed of at County landfills. To the maximum extent possible, recyclable materials and materials consistent with the waste,reducing goals of the City shall be used for all aspects of construction. VIII. FINDING REGARDING INFEASIBILITY OF MITIGATION MEASURES FOR SIGNIFICANT IMPACTS The City of Bakersfield, having reviewed and considered the information contained In the Final EIR. appendices to the Final EIR and the administrative record, finds. pu~uant to Public Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3) that (i), that specific economic. legal, social, technological, or other considerations, make infeasible the mitigation IN 10-103781 63 June 20056< ~Mf-9~ >- - >- m _ r- <.J C::> ORIGINAL RIO t3ravo Annexation No. 46/ Projeçt GP Þ!ZC No. 04-0853 measures identified in the Final EIR and, therefore. the Project will cause significant unavoidable impacts in the category of Aesthetics, Light and Glare. AESTHETICS, LIGHT, AND GLARE Long- T enn Aesthetic Impacts On,Slte 5.2-2 Project implementation would permanenlly alter views of and across the Project site. The permanent alteration of the site would result In a significant and unavoidable long,term aesthetic impact. Facts SUPDOrtinq Findinq The visual analysis of any project must consider the actual visual quality of the area, which, in the Project area, is defined by the open space value and the area's rural characteristic. Another factor is visual sensitivity, which is defined by the public views of the Project. the number of viewers and the duration of the view. Therefore, a project located 00 a site that has both high visual quality and high visual sensitivity would have the most significant visual impact. According to the Metropolitan Bakersfield General Plan, the Project site is located in an area of scenic resources due to the scenic view sheds, vantage points. and scenic views from surrounding highways. The Project site consists of hilly terrain with topographic relief features, including foothills and bluffs. The area to the north and east of the proposed Project site is developed recreational and residential, and industrial uses, respectively. These uses have visual access to the surrounding scenic areas. The future potential development of the Project site would permanenlly alter the topography and nature of the project area. Grading would be required to provide a circulation system and buildable areas would alter the current landforms. These potential future alterations are permanent and would continue throughout the life of any future projects. Several policies have been set forth in the Bakersfield Municipal Code, Chapter 17, Hillside Development that provide guidelines to development to be sensitive to the topography of the hillside areas of Bakersfield. The purpose of Chapter 17 is to define and implement goals and policies of the Metropolitan Bakersfield General Plan as they relate to the preservation and maintenance of hillsides as a scenic resource and to protect the general public from the threat of wildfires. The regulations apply to all projects related to grading. building permits, parcel maps, tentative tract maps, conditional use permits. zone changes, and general plan amendments. Section 17.66.030 indicates that the maximum grade of streets, public or private, and other access easements shall be determined in accordance with a Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportalion Officials 1'190. for design of maximum grades for artenals, collectors, and local streets. Section 1766,040 requires that any cut or fill slopes exceeding ten feet in height which are exposed to public views shall be landform graded. This creates an ultimate appearance th.Jt will resemble the natural slope, Additionally, Section 17.66.180 requires that all grading be contoured to conform to the natural stopes to the greatest degree possible IN 10-103781 64 June 2005 ~ ~MS'?> o ~ > - I- IT - ,... .., ORIGINALO Rio Bravo Annflxation No. -467 Project GPAlZC No. ~853 It is important to note that no site development is proposed at this time. However, it is anticipated that the annexation will ultimately result in the development of 1,300 residential units. Future on-site residential developments would be required to undergo environmental and design review on a site-specffic, project basis to ensure compliance with code requirements in areas of topographical retief and to ensure visual compatibility and enhancement with the surrounding environment. Applicable requirements include the Hillside Management Ordinance that regulates development in areas of excessive slopes and applicable goals and policies of the Metropolitan Bakersfield General Plan. On-site grading would be necessary tor primary access roads into the Project area, remedial grading, and construction ot residential uses. The landform alteration impacts resulting from on-site grading for roads and residences are considered significant even with the imposition of mitigation measures and adherence to the implementing policies and actions in the Hillside Management Ordinance. Cumulative Impacts 5.5-5 Project development, together with cumulative projects, may result in greater urbanization and the loss of views in undeveloped areas of the northeast portion of the City of Bakersfield. Analysis has concluded that cumulative development within northeast Bakersfield constitutes a significant and unavoidable aesthetic impact. Facts SupportiflQ Findinq Construction of currently approved and pending projects in the Project vicinity would pennanently alter the nature and appearance of the area through loss of hillsides and open space areas. As development occurs throughout the Project area, residents and visitors in the area would notice the visual effects of urbanization. The significance of these visuallaesthetic changes is difficult to determine since aesthetic value is subjectively detennined and potential impacts are site specific. Security and street lighting would introduce light and glare potential to the area. Impacts are typically mitigated separately for each project. Cumulative impacts can be mitigated to less than significant levels with the use of building materials that are consistent with the general character of the area, landscaping design. and proper lighting techniques to direct light on-site and away from adjacent properties. Page 4.2-14 of too Metropolitan Bakersfield General Plan EIR states that development in accordance with the General Plan would convert existing open space to urban uses, resulting in the incremental loss of open space within Bakersfield. This conversion was considered an unavoidable adverse impact. for which a statement of overriding considerations was adopted. The R-EA (Resource-Extensive Agriculture) designation in effect at the time the General Plan EIR was certified The Project proposes an amendment to Ihe General Plan to allow development of urban uses on the site. As such, the Project. together with cumulative development in northeastem Bakersfield. would exceed the General Plan EIR assumptions and conclusions and would contribute additional impacts not previously anticipated in the General Plan EIR. This exceedance constitutes a significant and unavoidable cumulative impact related to aesthetics. IN 10-103781 65 June 2005 '¢þ.K~.f ð- ~ :>- ñi >;; r-- <.J C) ORIGINAL ti.lü Ofd"'('; ,....(.(I~""""V" ,.v. ....v. I.VJU.....t GPÞRC No. 04-0853 IX. FINDING REGARDING AI. TERNA TIVES The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to Public Resources Code 21081 (aX3) and CEQA Guidelines 15091 (aX3) that (i) the Final EIR considers a reasonable range of project alternatives and mitigation measures and (ii) specific economic, location and/or other considerations make infeasible the alternatives as follows: No Project Alternative The No Project Alternative undertakes no residential, commercial, or industrial improvements within the Project site. This Alternative serves as the baseline against which to evaluate the effects of the proposed Project and other project Alternatives. The No Project Alternative would produce no immediate environmental impacts; consequently, no mitigation would be required. The No Project Alternative would not result in any of the environmental impacts associated with the construction and development of the proposed Project. This Alternative would al/Oid potential impacts resulting from alteration of the Project site's physical characteristics and construction of residential, commercial, and industrial structures and impervious surfaces. Maintaining the Project site in its existing condition would also eliminate potential impacts to agriculture, public health and safety, aesthetics, traffic and circulation, noise, air quality, biological resources, any unknown cultural resources, and public services and utilities. Implementation of the No Project Alternative would avoid the environmental impacts identified for the proposed Project. however. this Alternative would not preclude the potential for development of the Project site at some future date. The development of this site and the surrounding areas has been envisioned in local and regional planning documents. Given the level of existing and planned development in southwest Bakersfield, it may be anticipated that the development of the Project site would be proposed for construction at a future date. The No Project Alternative was rejected as not being environmentally superior to the proposed Project. The No Project Alternative does not meet the Project objectives. This Alternative would also be inconsistent with the General Plans for the City of Bakersfield and County of Kern. "No Project/Existing General Plan and Zoning Designations" Alternative The -No ProjecUExisting General Plan and Zoning Designations" Alternative ass urnes that the proposed annexation, GPA and zone change would not be implemented and the existing on,site land use designation would remain. Although this alternative would allow for the development of approximately 29 single,family dwelling units (maximum 1.0 dwelling unit per 20 acres) (approximately 28.66 acres are deemed undevelopable due to topographic constraints), pursuant to §15126(d)(4} of the State CEOA Guidelines, this alternative scenano is focused on the eXisting conditions, as well as what would be "reasonably" expected to occur in the foreseeable future if the Project were not approved. based on current plans and consistent with available infrastructure. This Alternative, when compared to the proposed Project, would not require a General Plan Amendment or zone change. This Alternative would be consistent with land uses IN 10-103781 66 « 'òM~'9 June 2005;: c; I- m - ,.... '"' ORIGINAE> ~~"-~.~--~.~-~-_.- Rio Bravo Annexation No. 467 Project GPAJZC No. ~853 identified in the General Plan and Zoning Ordinance. and would not modify the existing City corporate boundaries. Implementation of this Alternative would substantially reduce the number of dwelling units; therefore, the development intensity and subsequent land use impacts would be less when compared to the proposed Project. Although implementation of the "No ProjectlExisting General Plan and Zoning Designations" Alternative would be consistent with the existing General Plan designation for the Project site and would result in a decrease in impacts related to all environmental issue areas, the significant reduction in residential units would only partially meet the stated Project objectives, Therefore. this alternative has been rejected from further consideration, "Estate/Residential Densities" Alternative Under the "EstatelResidential Densities" Alternative, the Project site would be developed to the maximum intensity allowed under the General Plan Estate/Residential land use designation (maximum 1.0 dwelling unit per net acre). Approximately 28.66 acres are deemed undevelopable due to topographic constraints. Development in accordance with this land use designation would result in the construction of 588 single-family dwelling units. The "Estate/Residential Densities" Alternative would decrease impacts, except on geologic and seismic hazards; public health and safety; aesthetics, light, and glare; and cultural resources. However, because of the significant reduction in residential units, the "Estate/Residential Densities" Alternative would only partially meet the Project objectives Thus. this Alternative was rejected. "Alternative Site" Alternative To respond to the criteria for lessening the effects in comparison to those of the Project. three nearby sites have been identified. The sites would be consistent with the Project objectives and with the Metropolitan Bakersfield General Plan goals and policies for efficient and orderly development As shown on Figure 7-1 ALTERNATIVE PROJECT SITE LOCATIONS, these sites are . Alternative Site Location 1: Section 21, located west of the proposed Project site and Comanche Drive, near the SR-178/SR-184 junction. Alternative Site Location 2: Section 29. located southwest of the proposed Project, south of SR,184. Alternalive S#e Location 3' Section 19, located west of the proposed Project site. south of SR,178 and north of SR,184. Based on the above criteria. there are no contiguous parcels within the site VICinity of equal or 9reater size suitable for the proposed Project The three alternative sites do not offer tile topographical variations present on the proposed Project Site 1 has si9nific;Jntly lowers elevations compared with the proposed Project location and does not provIde the rolling hills and terrains uniquely characterized by the proposed Project site Additionally the OS land use designation indicates a floodplain and Resource Management Area and the R-MP designation indicates areas that contain producing, or potentially productive petroleum fields and mineral deposits areas. IN 10·103781 67 June 2005 'ò MS'?, ð- ~ >- - r m - ,.... Q c::, ORIGINAL "''-' LHð"V ,.....,..~.^<>"'-',, "V. ........, I IVJ~H..-l GPÞilC No. 04-0853 Site 2 does not offer favorable topographical variations present on the proposed Project. Additionally, two extensive drainages dissect this alternative site from the north and combine into á single drainage towards the southern portion of the site. Residential developr:nent of the magnitude proposed by the Project would not be feasible within or near the OS designation. This alternative site also indudes land use designation P which indicates publidy owned facilities such as government buildings, hospitals, public utilities, cemeteries, sewage treatment plants, and waste disposal sites. Site 3 is lower in elevation than the Project site and does not provide similar development patterns consistent with those intended by the proposed Project site. The entire southern portion of this alternative site consists of numerous small drainages that slope gradually towards the south. Furthermore, a small knoll is located to the north central portion of the site, unevenly distributing the balance of developable land. Environmentally Superior Alternative The purpose of the Alternatives evaluation is to develop Project Alternatives that reduce or eliminate significant impacts. CEQA Section 15126(d)(2) indicates that, if the "No Project/No Development" Alternative is the "Environmentally Superior" Alternative, then the EIR shall also identify an Environmentally Superior Alternative among the other Alternatives in this case. The -No Project/No Development" Altemative (Existing Conditions) is the environmentally superior Alternative, as it would not result in environmental impacts associated with construction. However, the "No Project/No Development" Alternative would not satisfy the Project's objectives. The "No Project/Existing General Plan and Zoning Designations" Alternative would allow buildout of the Project area under the existing general plan and zoning designations Although this alternative results in reduced environmental impacts while allowing partial development of the site, this alternative does not entirely fulfill the Project's stated objectives and is therefore rejected as an environmentally superior alternative. The "Alternative Site" Alternative would create impacts similar to those of the proposed Project. Although most of the City's objectives would be achieved, the three Alternative sites lack the topographic and elevation needed to fulfill the intent and purpose of the proposed Project and, in some cases, the existing land use designations do not reflect a favorable site for residential development of the magnitude proposed by the Project. The -Estate/Residential Densitý Alternative would have similar adverse impacts on public health and safety; aesthetics, light and glare; and cultural resources. However. this Alternative would have lesser impacts on land use, geology and soils, hydrology and water quality, traffic and circulation, noise, air quality, biological resources, and public services and utilities would be reduced, while meeting the proposed Project's objectives to some degree Based on the reasons stated above. the proposed Project IS the environmentally superior Alternative because no other Alternative feasibly achIeves the oblectives of the Project and avoids the potentially significant impacts of the Project. IN 10-103781 68 June 2005 '< ~MS'1' a <J;, >- - ... m - ,.... " c:, ORIGINAL "n.. u'''''\fv ,,,,,..............,"''' ..~- 'v, . 'VJ'--'--' GPAlZC No. 0~653 STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to Section 15093 of the CEQA Guidelines, decision-makers are required to balance the benefits of a project against its unavoidable environmental risks in determining whether to approve a project. In the event the benefits of a project outweigh the unavoidable adverse effects, the adverse environmental effects may be considered ·acceptable". The CEQA Guidelines require thal when a public agency allows for the occurrence of significant effects which are identified in the Final EIR but are not at least substantially miti9ated, the agency shall state in writing the specific reasons the action was supported. Any statement of overriding considerations should be included in the record of project approval and should be mentioned in the Notice of Determination, To the extent the significant effects of the project are not avoided or substantially lessened to a level of insignificance, the City of Bakersfield, having reviewed and considered the information contained in the Final Environmental Impact Report for the project, and having reviewed and considered the information contained in the public record, and having balanced the benefits of the project against the unavoidable effects which remain, finds that such unmitigated effects to be acceptable in consideration of the following overriding considerations discussion. The City finds that all feasible mitigation measures have been imposed to lessen project impacts to less than significant, and furthermore, that alternatives to the project are infeasible because they have greater environmental impacts, do not provide the benefits of the project. or are otherwise socially or economically infeasible as fully described in the project findings. The environmental analysis undertaken for the Rio Bravo Annexation Project indicated the Project would result in contributions to aesthetic (Iong,term and cumulative) impacts that would represent a significant adverse environmental effect on a project basis. The City of Bakersfield, as Lead Agency and decision-maker for the Project, has reviewed and considered the Information contained in both the Draft and Final EIRs prepared for Rio Bravo Annexation Project and the public record. The project benefits include the following, Accommodate anticipated housing demand within the City of Bakersfield's SOl through the orderty expansion of its boundaries. Create a variety of housing opportunities in an area of varied terrain, views and open space. Provide a residential community that is compatible with existin9 and planned land uses in the area. Provide a local street network that contributes to the quality and safety of residential neighbomoods The Lead Agency makes the following finding. pursuant to Section 15093 of the CEQA Guidelines. willl regard to the Statement of Overriding Considerations for Il1e Rio Bravo Annexation P,oject Call1ornla Administrative Code. II(/e 14. Section 15093(a) states: "II [IIC LJenelds 01 a proposed project outweigh the urravoldable adverse environmentat effecl:;, the adverse environmentat effects may be corrs,dered ·acceptable'.· Based on the a/),JVe discusston and on the evidence presented, tlJe City 01 Bakersfield therefore linds thai the bene Ids 01 the proposed project outweigh tile adverse aesthetic, light, and glare (Iong,term and cumulatIVe) impacts associated wrth RIO Bravo Annexation Project. wInch cannot be eliminated or reduced to a level Ie ss than signifICant, JN 10-103761 69 J 'òM~?> Ó' - m _ r- tJ C> ORIGINAL EXHIBIT E STATEMENT OF OVERRIDING CONSIDERATIONS ~ ~þ.K$'~ () % >- - I- m _ r- c.) <::> ORIGINAL GPAlZC No. ()4..Q8~3 EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to Section 15093 of the CEQA Guidelines, decision-makers are required to balance the benefrts of a project against its unavoidable environmental risks in determining whether to approve a project. In the event the benefits of a project outweigh the unavoidable adverse effects, the adverse environmental effects may be considered "acceptable". The CEQA Guidelines require that, when a public agency allows for the occurrence of significant effects which are identified in the Rnal EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons the action was supported. Any statement of overriding considerations should be induded in the record of project approval and should be mentioned in the Notice of Determination. To the extent the significant effects of the project are not avoided or substantially lessened to a level of insignificance, the City of Bakersfield, having reviewed and considered the information contained in the Rnal Environmental Impact Report for the project, and having reviewed and considered the information contained in the public record, and having balanced the benefrts of the project against the unavoidable effects which remain, finds that such unmitigated effects to be acceptable in consideration of the following overriding considerations discussion. The City finds that all feasible mitigation measures have been imposed to lessen project impacts to less than significant, and furthermore. that alternatives to the project are infeasible because they have greater environmental impacts, do not provide the benefits of the project, or are otherwise socially or economically infeasible as fully described in the project findings. The environmental analysis undertaken for the Rio Bravo Annexation Project indicated the Project would result in contributions to aesthetic (long-term and cumulative) impacts that would represent a significant adverse environmental effect on a project basis. The City of Bakersfield, as Lead Agency and decision-maker for the Project, has reviewed and considered the information contained in both the Draft and Final EIRs prepared for Rio Bravo Annexation Project and the public record. The project benefits include the following: Accommodate anticipated housing demand within the City of Bakersfield's SOl through the orderty expansion of ItS boundaries. Create a variety of housing opportunities in an area of varied terrain, views and open space. Provide a residential community that is compatible with existing and planned land uses in the area. Provide a local street networ1< that contributes to the quality and safety of residential neighbonhoods, The Lead Agency makes the following findl11g. pursuant to Section 15093 of the CEQA GUidelines. with regard to the Statement of Overriding Considerations for the Rio Bravo Annexation Project: Ca/domia AdmInistrative Code, Title 14. Section 15093(a) states "/1 the benefits of a proposed project outweigh the unavoidable adverse environmental effects. the adverse envtronmenral effects may be consIdered 'acceptable' - Based on the above discussion and on the evidence prcsented, the City of Bakersfield therefore finds that the beneftls of the proposed project outweIgh the adverse IN 10-103781 70 June 2005 ~ ~MS'~ a % >- - >- m - ,... " ORIGINAL() _.~--_..- ,-_._-_._-,-----~---'_.- EXHIBIT F MITIGATION MONITORING AND REPORTING CHECKLIST !( ~MS'-9 a ~ >- - >-- m - l"- e.:> t:> ORIGINAL GI 0 M c II) l- .!!! CX) U) c.. 0 ::::¡ E . ~ ::.::: 0 0 0 (.,) O~ w Õ J: c NO (.,) 0 <0.. 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McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 8th day of Septernber ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4271 , passed by the Bakersfield City Council at a meeting held on the yth day of September. 2005 and entitled: AN ORDINANCE AMENDING SECTION 17.06.020 (ZONING MAP 104-23) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)TO R-1 (ONE FAMILY DWELLING) ON 137.19 ACRES AND R-1-HD (ONE FAMILY DWELLING - HILLSIDE DEVELOPMENT) ON 465.83 ACRES AND R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 6.51 ACRES AND R-2-HD (LIMITED MULTIPLE FAMILY DWELLING - HILLSIDE DEVELOPMENT) ON 10.51 ACRES GENERALLY BOUNDED BY THE RIO BRAVO COUNTRY CLUB PROPERTY ON THE NORTH, WITH COMANCHE DRIVE LOCATED TO THE WEST, AND BRECKENRIDGE ROAD TO THE SOUTH (ZONE CHANGE NO. 04-0853). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By:~l~ ~~<' DEP Y C Clerk " S:\DOCUMENTlFOR MSIAOP .ORD. wpd