HomeMy WebLinkAboutRES NO 225-05
RESOLUTION NO. '2 2 5 - 0 5
RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO.
04-0057, AN AMENDMENT TO THE LAND USE AND
CIRCULATION ELEMENTS OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, LOCATED AT THE
SOUTHWEST CORNER OF PANAMA LANE AND GOSFORD
ROAD. (WARD 5 and 6).
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on TUESDAY. JULY 5.
2005 and THURSDAY, JULY 7, 2005 on General Plan Amendment No. 04-0057 of the proposed
amendment to the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan,
notice of the time and place of hearing having been given at least twenty (20) calendar days before said
hearing by publication in The Bakersfie/d Californian, a local newspaper of general circulation; and
WHEREAS, a notice of hearing was sent to property owners within 300 feet surrounding the
project site pursuant to the Government Code; and
WHEREAS, QUAD KNOPF, INC., for Panama Gosford Partners, LLC, made application for a
general plan amendment for property located at the southwest corner of Panama Lane and Gosford
Road, as shown in attached Exhibit "A," to allow development of approximately 300 acres, more
specifically stated as follows:
General Plan Amendment No. 04-0057:
A request to amend the Land Use Element of the Metropolitan Bakersfield
General Plan from R-IA (Resource-Intensive Agriculture) and SI (Service
Industrial) to MC (Major Commercial) on 57.28 acres, GC (General
Commercial) on 10 acres, LI (Light Industrial) on 19.98 acres, LR on 147.55
acres, LMR (Low Medium Density Residential) on 28.81 acres, and HMR
(High Medium Density Residential) on 36.02 acres.
A request to amend the Circulation Element of the Metropolitan Bakersfield
General Plan consisting of changes to the Circulation map to change the
designation of Progress Road between Panama Lane to McCutchen Road
from a Collector roadway to a local street; and
WHEREAS, for the above-described project, an Initial Study was conducted and it was
determined that the proposed project could 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 applicant for the property owner has indicated the purpose of the request is to
develop urban uses within the City of Bakersfield; and
WHEREAS, the project site lies within a path of development with approved urban development
projects in progress; and
WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan
Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors when consid~~$1
projects that propose to convert designated agricultural land to non-agricultural uses; and a ~
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WHEREAS, the Planning Commission has evaluated the ten (1 0) factors provided under Policy
No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan Bakersfield General Plan
and finds the following:
1) Soil Qualitv
Finding - "Approval and implementation of the land use change will result in a loss of
approximately 300 total acres of soil capability Class I irrigated agricultural land, and this loss is
considered insignificant."
"It is assumed that future development in the City would continue to include "prime" agricultural
soils that exist on the Valley floor. Page 11-4 of the Metropolitan Bakersfield General Plan states:
".... development of urban Bakersfield will be focused in ten new mixed use activity centers, in
the southwest (location of the subject property), northwest, and northeast.. .the southwest center
is warranted due to its growth potential and its related impacts, impact on prime agricultural
lands, and potential to impact the Kem River corridor."
2) Availability of irriqation water
Finding - "The project site is located in the Kern County Water Agency District. Groundwater is
in the unconfined aquifer at approximately 160 feet below the surface. Agricultural irrigation
water is currently available through two on-site agricultural water wells. In 1999-2000, the site
received irrigation water from the Kern Delta Water District, but ceased in 2001. There is
adequate water supply to maintain crops common to the southwest Bakersfield area. It is not
unique for farmland in southwest Bakersfield to have an adequate supply of irrigation water."
Therefore, the conversion subject property to urbanization is appropriate for the area, and has
an insignificant impact on the availability of water for other uses.
3) Proximitv to non-aqricultural uses
Finding - The property is already in close proximity to non-agricultural uses, which have
encroached upon the site. An existing residential area occurs northeast of the project site. A
future residential arAa is currently being graded to the northwest of the project site. To the direct
north is undeveloped land designated by the Metropolitan Bakersfield General Plan as Service
Industrial. The area at the northwest corner of the project site is currently an industrial use. A
wastewater treatment facility is located to the southeast of the project site. Directly to the south,
a concrete company occupies approximately 40 percent of the frontage of the site.
Approximately 25 percent of the abutting properties are designated as uses other than
agricultural. Therefore, the level of significance of any impacts is considered minimal due to
existing restrictions and limitations placed on adjacent agricultural uses because of the existing
nearby residential and industrial developments.
With respect to cumulative growth-inducing impacts, the Farmland Conversion Study for the
project identifies the potential conversion of approximately 300 acres of farmland. It is not
anticipated that this proposed subject property will significantly impact additional lands to convert
to urban uses as those adjacent properties to the east.
The subject property is significantly and unavoidably affected by the close proximity of urbanized
areas. Farming practices are restricted as to the manner of application and type of chemicals,
pesticides, and herbicides that can be utilized in the vicinity of these urbanized areas. The
subject property, as well as others in the area, are the next logical step for urbanization in t~K$.
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area due to existing and pending development surrounding the property and the significant
future impacts to the crop production.
4) Proximitv to intensive parcelization
Finding - Substantial residential and commercial development exists beyond the north and
northeast corner of the project site. A future residential development is currently being graded
beyond the northwest corner of the project site.
5) Effect on properties subiect to 'Williamson Act" land use contracts
Finding - "A secondary impact occurs from urban encroachment to adjacent lands remaining in
agricultural production. Conflicts arise from the infringement of the new residential users, which
include people and domesticated animals, into the area. Development of this project could
impact nearby growers, however, the level of significance of any impact is considered minimal
due to existing restrictions and limitations placed on the grower, along with the proximity of
existing and future residential developments nearby. The conversion of this property from
agricultural use to residential use will not create cumulative or growth-inducing impacts to other
nearby farmlands as evidenced by the current land use designations of those properties as
indicated on the Bakersfield Metropolitan General Plan. Although the agricultural lands nearby
are currently producing agricultural crops, urban land use designation provides the evidence that
urbanization is already planned for the general area.
6) Abilitv to be provided with urban services (sewer, water, roads, etc.)
Finding - The subject property is adjacent to existing residential development within the City
limits, a water "will serve" letter has been provided for development of the project site.
Therefore, the conversion of the project site to urbanization is appropriate for the area.
7) Abilitv to affect the application of aaricultural chemicals on nearbv aaricultural properties
Finding - "A secondary impact occurs from urban encroachment to adjacent lands remaining in
agricultural production. Conflicts arise from the infringement of the new residential users, which
include people and animals, into the area. Development of this project could impact nearby
growers, however the level of significance of any impact is considered minimal due to existing
restrictions and limitations placed on the grower.
"In an attempt to reduce complaints and unwarranted investigations undertaken by the Kern
County Department of Agriculture, the following disclosure is suggested to be provided as part of
the transfer of properties:
"If your real property is adjacent to property used for agricultural operations, you may
be subject to inr.onveniences or discomforts arising from such operations on any 24-
hour basis. Said discomforts may include, but shall not be limited to equipment noise,
odors from manure and other chemicals, and dust or smoke. It has been determined
that in Kern County the use of real property for agricultural operations is a high priority
and a favored use to the County of Kern and will not be considered a nuisance for
those inconveniences or discomforts arising from agricultural operations if such
operations are consistent with accepted customs, standards, and laws."
8) Abilitv to create a precedent-settina situation that leads to the premature conversion of prir¡;JiI\K¿:--»
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Finding - "The subject property is already in close proximity to non-agricultural uses, which
have encroached upon the site. Therefore, the level of significance of any impacts is considered
minimal due to existing restrictions and limitations placed on the growers because of the existing
nearby residential developments.
With respect to cumulative growth-inducing impacts, the farmland conversion report identifies
the potential conversion of approximately 300 acres of farmland. It is not anticipated that this
proposed subject property will significantly impact additional lands to convert to urban uses as
those adjacent propertie5 to the north and northwest."
9) Demonstrated proiect need
Finding - "The General Plan concludes that conversion of prime agricultural lands to urban
uses will result in a reduction of the regional agricultural economy and is considered to be a
significant adverse impact. A statement of overriding considerations for this impact is
recommended for adoption by the City project approvals. The General Plan currently designates
the subject property as R-IA (Resource-Intensive Agricultural). As defined by the California
Land Conservation Act, this project would convert 300 gross acres of Prime Farmland. The
proposed amendment to the General Plan would convert the intended use of the subject
property from agriculture to urban and develop residential uses."
The proposal is a logical expansion of residential development in the southerly portion of the
City of Bakersfield. The project site is adjacent to existing and future residential uses. The
Bakersfield Metropolitan General Plan encourages the orderly outward expansion of new urban
development that maintains continuity of existing development and allows incremental
expansion of infrastructure and public services. The proposal complies with the General Plan's
criteria.
10) Necessitv of buffers such as lower densities, setbacks, etc.
Finding - If residentiai developments do not include buffer zones in their design, adjacent to
agricultural fields, growers must sometimes allocate a portion of their land to the creation of a
buffer zone. As an example, growers might be required to refrain from spraying or harvesting
the outside rows of their crops. In those cases, buffer zones represent a loss to the farmer of
both crop production and income. However, with commercial development, a buffer zone may
include a parking lot or landscape area. Farmers can utilize their entire site for crop production if
the adjacent development is commercial or industrial in nature as these types of uses are not
considered to be sensitive receptors.
Boundaries and buffer zones are also required for organic farms. Boundaries of land for
certified organic farms must be clearly marked by permanent physical objects (i.e., roads,
fences, streams, etc.). Buffer zones are sometimes needed to protect certified crops from
contamination. Given the widespread use of toxic pollutants, preventative measures to stop the
contaminating of crops from sources beyond the grower's control may not always be possible.
Buffer zones can consist of a road, canal, walls. easements, setbacks, etc.
The future residential development of this subject property is not proposing the creation of a
buffer zone as the proposed development is intended to be similar to the adjacent subdivision
on the north and east. The agricultural lands to the west and south will be physically separated
by the construction of a 90' wide collector road, landscaping adjacent to the roads, along with a
solid wall or builder fence helps to create a buffer from the agricultural activities. '< >õAK"-9
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WHEREAS, the requested cancellation covers approximately 300 acres in the east half of
Section 29, Township 30 South, Range 27 East, Mount Diablo Meridian, in the unincorporated area of
the County of Kern, State of California, and
WHEREAS, the project site contains approximately 300 acres; and
WHEREAS, adjacent urban development projects as well as local government agency efforts
have extended or will extend supporting utilities and infrastructure adjacent to the property; and
WHEREAS, the cancellation is for land on which a notice of nonrenewal has been served
pursuant to Section 51245 of the Government Code; said notice was recorded on October 13, 2000, as
Document No. 0200128435 in the Office of the Kern County Recorder; and
WHEREAS, the cancellation is not likely to result in the removal of adjacent contracted lands
from agricultural use, since there is no evidence in the record to suggest that this project will be
precedent setting, and no comments were received to indicate there might be other lands removed; and
WHEREAS, there is no proximate noncontracted land which is both available and suitable for the
use to which it is proposed or that development of the contracted land would provide more contiguous
patterns of urban development than development of proximate noncontracted lands. The project is
located between approved urban projects and will result in a more contiguous pattern of urban
development than other, noncontracted lands farther from existing urbanized lands; and
WHEREAS, pursuant to Section 51283 of the Government Code, the Kern County Assessor has
determined the full market value of the land with respect to which the cancellation is requested, as
though it was free of the contractual restriction, and has certified to this Planning Commission that the
and that the most recently announced Kern County assessment cancellation fee is $1,605,769.00 for
the 300 acres, and has certified that there are no additional deferred taxes under Government Code
Section 51283; and
WHEREAS, that the Zone Change No. 04-0057 for the property, is conditioned upon the
payment of the fee calculated by the Kern County Assessor noted above, prior to any further
urbanization of the property; and
WHEREAS, the Planning Commission conducted a hearing on July 7, 2005, and did make
several findings and recommended approval of General Plan Amendment No. 04-Q057; and
WHEREAS, George B. Martin representing Golden Empire Concrete and Structure Cast
industrial companies, did appeal the decision of the Planning Commission to this Council; and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution NO.1 00-Q5, adopted on July 7, 2005:
1. The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports 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; and
2. All required notices have been given; and
3.
The provisions of CEQA have been followed; and
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4. Based on the initial study and comments received, staff has determined that the
proposed project could have a significant effect on the environment. An Environmental
Impact Report was prepared for the project in accordance with CEOA; and
5. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan; and
6. The amendment to change the Land Use designation Plan to MC (Major Commercial) on
57.28 acres, GC (General Commercial) on 10 acres, LI (Light Industrial) on 19.98 acres,
LR (Low Density Residential) on 147.55 acres, LMR (Low Medium Density Residential)
on 28.81 acres, and HMR (High Medium Density Residential) on 36.02 acres is
consistent with the Metropolitan Bakersfield General Plan; and
7. The amendment to change the Circulation Element of the General Plan to eliminate
Progress Road as a Collector segment.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows:
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. Based on the absence of evidence in the record as required by Section 21082.2 of the
State of California Public Resources Code (CEOA) 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 State 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.
4. That General Plan Amendment No. 04-0057 to the Land Use Element is hereby
approved to MC (Major Commercial) on 57.28 acres, GC (General Commercial) on 10
acres, LI (Light Industrial) on 19.98 acres, LR (Low Density Residential) on 147.55
acres, LMR (Low Medium Density Residential) on 28.81 acres, and HMR (High Medium
Density Residential) on 36.02 acres as requested by the applicant and as recommended
by the Planning Commission and shown on the attached map in Exhibit "A", subject to
the mitigation monitoring plan adopted in the Final Environmental Impact Report as
shown in Exhibit "F" and conditions of approval for the project as shown in Exhibit "C".
That General Plan Amendment No. 04-0057 to the Circulation Element is hereby
approved to change the Circulation Element to eliminate Progress Road as a Collector
segment requested by the applicant and as recommended by the Planning Commission
and shown on the attached map in Exhibit "B".
5. The appeal by George B. Martin representing Golden Empire Concrete and Structure
Cast industrial companies is hereby denied.
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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 agricultural resources, noise, and transportation/traffic
are appropriate and incorporated into the project.
8. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on 'S~Þ 2 S,nn¡:¡
by the following vote:
,/ ,/ v ,/ V' ,/ V
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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ABSTAIN:
ABSENT:
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PAMELAA,McCARTHY,
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By 1?4;ut JJt. -J/w¡¡
Attached:
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
Land Use Element Amendment Map
Circulation Element Amendment Map
Mitigation / Conditions of Approval
Statement of Facts and Findings
Statement of Overriding Considerations
Mitigation Monitoring Plan
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EXHIBIT A
land Use Element Amendment Map
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EXHIBIT B
Circulation Element Amendment Map
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GENERAL PLAN AMENDMENT 04-0057
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Amendment 04-0057
Circulation Amendment to
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EXHIBIT C
Mitigation I Conditions of Approval
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EXHIBIT "C"
MITIGATION / CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENTIZONE CHANGE 04-0057
1. WILLIAMSON ACT CONTRACT CANCELLATION
1a. Prior to any further urbanization of the project site, the payment of the
cancellation fee calculated by the Kern County Assessor's Office shall be paid to
Kern County, the calculated fee is $1,605,769.00 for the project site. The
documentation stating that the fee was paid shall be submitted to the Planning
Department. (Condition).
2. PUBLIC HEALTH AND SAFETY
Short-Term (Construction) Impacts
Stained Soils
2a. Soil characterization and sampling of the stained soil within the Project site shall
be conducted as needed to determine the presence or absence of hazardous
materials prior to grading activities. If concentrations of materials are detected
above regulatory cleanup levels during demolition or construction activities, the
following mitigation measure shall include:
· Excavation and disposal at a permitted, off-site facility;
· On-site treatment; or
· Other measures as appropriate.
Prior to issuance of building permits, all oil-contaminated soils shall be
remediated to the satisfaction of the Local Unified Program Agency (the Office of
Environmental Services of the Bakersfield City Fire Department) in conjunction
with the State Regional Water Quality Control Board and/or the California
Department of Toxic Substances Control.
Water Wells
2b.
The agricultural water wells shall be properly removed and abandoned pursuant
to the latest procedures required by the local agency with closure responsibilities
for the wells. Any associated equipment (i.e., generators and pumping materials)
shall be removed off-site and properly disposed of at a permitted landfill. A visual
inspection of the areas beneath the removed materials (if present) shall be
performed.
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Exhibit "C"
Mitigation/Conditions of Approval
GPAlZC 04-0057
Waste Oil and Oil Filters
2c. The waste oil, oil filters, and buckets shall be removed off-site and properly
disposed of at an approved landfill facility. Then the areas beneath and around
the removed materials shall be visually inspected. Any stained soils observed
underneath the materials shall be sampled and analyzed. If analysis detects
concentrations of materials above regulatory cleanup levels, the mitigation
measure shall include:
· Excavation and disposal at a permitted, off-site facility;
· On-site treatment; or
· Other measures as appropriate.
Abovearound Storaae Tanks
2d. Any aboveground storage tanks (ATS) on site shall be removed and properly
disposed of at an approved landfill facility then the areas beneath and around the
removed ASTs shall be visually inspected. Any stained soils observed
underneath the ASTs shall be sampled. If concentrations of materials are
detected above regulatory cleanup levels during sampling activities, the
mitigation measure shall include:
· Excavation and disposal at a permitted, off-site facility;
· On-site treatment; or
· Other measures as appropriate.
Transformers
2e. Any removal or relocation of transformers shall be conducted under the purview
of the local utility purveyor to identify proper handling procedures regarding
potential polychlorinated biphenyls (PCBs).
Agricultural Uses
2f.
Prior to issuance of any grading permit, the Project applicant shall perform soil
tests to determine concentrations of pesticide and fungicide residues that may be
present within the Project site. Should contamination levels be in excess of
acceptable Federal, State, and/or County levels, the Project Applicant shall
identify and implement remedial action, (subject to approval by the City of
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Exhibit "C"
Mitigation/Conditions of Approval
GPA/ZC 04-0057
Bakersfield and responsible regulatory agencies), to reduce contaminants to
acceptable levels.
Asbestos-Containing Materials
2g. Prior to demolition activities, an asbestos survey shall be required to determine
the presence or absence of asbestos-containing materials. The results of the
survey shall be submitted to the City of Bakersfield. If asbestos-containing
materials are found, abatement of asbestos shall be required before any
demolition activity that would disturb asbestos-containing materials or create an
airborne asbestos hazard is permitted. Asbestos removal shall be performed by
a State-certified asbestos containment contractor in accordance with San
Joaquin Valley Air Pollution Control District (SJV APCD) Rule 8021, which
requires:
· A survey of the facility prior to issuance of a permit by SJV APCD;
· Notification of the SJVAPCD prior to construction activity;
· Removal of asbestos in accordance with prescribed procedures;
· Placement of collected asbestos in leak-tight containers or wrapping; and
· Proper disposal of the asbestos.
Lead-Based Paints
2h. Prior to demolition activities, a survey shall be conducted to determine the
presence or absence of lead-based paint. The results of the survey shall be
submitted to the City of Bakersfield. If lead-based paint is found, abatement shall
be required before any demolition activities occur that would create a lead dust or
fume hazard. Lead-based paint removal shall be performed in accordance with
California Code of Regulation Title 8, Section 1532.1, which specifies exposure
limits, exposure monitoring, and respiratory protection, and mandates good
working practices by workers exposed to lead. The contractor performing lead-
based paint removal shall provide evidence of certified training for lead-related
construction work.
Valley Fever
21. Refer to AIR QUALITY, NO.6 regarding fugitive dust mitigation measures.
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Exhibit "C"
Mitigation/Conditions of Approval
GPA/ZC 04-0057
2j. Pursuant to SJVAPCD Regulation VIII-Fugitive PM1Q Prohibitions, 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.
3. AESTHETICS/LIGHT AND GLARE
Short-Term (Construction) Aesthetic Impacts
3a. 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 and material, when feasible. Staging locations shall be
indicated on final plans and grading plans are subject to review and approval of
the City Planning Department. Additionally, all construction activities would be
required to be consistent with the Municipal Code requirements and conditions of
approval
Long-Term Aesthetic Impacts
3b. Design review shall be required of all new development through the architectural
and site review process prior to the issuance of a development permit. The
review should determine whether the proposed development is consistent with
current development ordinances. This shall be subject to review and approval of
the Planning Department.
3c. All mechanical and electrical equipment to be installed on the structure or on the
ground shall be adequately screened from public view. The screening shall be
considered as an element of the overall design and must blend with the
architectural design of the building and/or landscaping, as appropriate.
Construction plans for the buildings shall indicate any fixtures or equipment to be
located on the roof of the respective structure, equipment types, and design of
the screening material. The method of screening shall be reviewed by and
subject to approval of the City Planning Department.
Light and Glare Impacts
3d. To ensure that the project's exterior lighting does not spill over onto the adjacent
uses, all exterior light fixtures, including street lighting, shall be shielded or
directed away from adjoining uses, pursuant to all applicable lighting standards A.
and all requirements of the City Municipal and Zoning codes. J \'> Kl't-,
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Exhibit "C"
Mitigation/Conditions of Approval
GPAlZC 04-0057
4. TRAFFIC AND CIRCULATION
Short-Term (Construction) Impacts
4a. Prior to grading permit issuance, 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. Adequate access to and
from adjacent residential areas shall be provided at all times. 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.
4b. 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.
Project Trip Generation
4c. Refer to Mitigation Measures 4d. and 4e., below.
Cumulative Traffic (2024 Conditions)
4d. 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.
4e. For impacted intersections subject to fair-share improvements (refer to Tables
5,5-11 and 5.5-13 in the Environmental Impact Report for Gosford-Panama
Project), the Project Applicant shall participate in the improvements required on a
pro-rata fair-share basis, as indicated in Table 5.5-16 in the Environmental
Impact Report for Gosford-Panama Project, (Future Intersection Improvements
and Local Mitigation).
5. NOISE
Short-Term (Construction) Impacts
Page 5 of 32
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GPAlZC 04-0057
5a. 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.
5b. 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.
5c. 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.
5d. The Project plans and specifications prior to approval by the City Planning
Department, 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
5e. A wall shall be constructed along the rear yards of residences adjacent to
Progress Road, Gosford Road, Panama Lane, and McCutchen Road. As a
condition of approval, a final acoustical analysis shall be conducted to the
satisfaction of the City Planning Department to confirm the required location and
height of sound walls when a site plan with sufficient detail is available (i.e., site
grading, pad heights, lot design, and setbacks).
Stationary Source Impacts
5f. Prior to building permit issuance, a site plan shall be submitted to the City
Planning Department, that illustrates that stationary noise sources, (including
loading dock facilities, rooftop equipment and trash compactors) have been
placed as far as practicable from residential uses. \f:¡!\K(:",
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Exhibit "C"
Mitigation/Conditions of Approval
GPA/ZC 04-0057
5g. Directional speakers shall be shielded and/or oriented away from off-site
residences to the satisfaction of the City Planning Department.
Existing Industrial Impacts (Off-Site)
5h. 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 the acoustical barrier to attenuate noise
levels from the Vulcan Asphalt Batch Plant has the required height and
placement.
51. 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 the acoustical barrier to attenuate noise
levels from the Golden Empire Concrete Plant has the required height and
placement.
5j. Centralized heating/ventilation/air conditioning units (HVAC) shall be installed in
second-floor bedrooms that have a direct line-of-sight to off-site industrial
activities. The HV AC units should be designed to supply two air changes per
hour for each habitable room, with a minimum of 15 cubic feet per minute of
outside air per occupant. The fresh air inlet duct shall be of sound-attenuating
construction and shall consist of ten feet of straight or curved duct plus one sharp
gO-degree bend. Additionally, these affected units shall include double-paned or
Sound Transmission Class (STC) rated windows.
5k. Single-story homes shall be located along perimeter walls between residential
and nonresidential uses. As a condition of approval, a final acoustical analysis
must be conducted to the satisfaction of the City Planning Department to confirm
whether additional sound attenuation is necessary.
6. AIR QUALITY
Short-Term (Construction) Emissions
6a. 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,
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Exhibit "C"
Mitigation/Conditions of Approval
GPAlZC 04-0057
· Shut down equipment when not in use for extended periods of time, to
reduce exhaust emissions associated with idling engines.
· Encourage ride-sharing and use of transit transportation for construction
employees commuting to the Project site.
· Use electric equipment for construction whenever possible in lieu of fossil
fuel-fired equipment.
· Curtail construction during periods of high ambient pollutant
concentrations; this may include ceasing construction activity during the
peak hour of vehicular traffic on adjacent roadways.
6b. 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 PM1Q Prohibition. The following mitigation measures, in
addition to those required under Regulation VIII of the SJVAPCD, shall be
implemented to reduce fugitive dust emissions:
· Prior to issuance of a grading permit, the Applicant shall prepare and
submit a dust control plan, which consistent with SJVAPCD Regulation
VIII, must be reviewed and approved by the SJVAPCD before beginning
grading activities. The dust control measures selected shall be
incorporated as a note on each grading plan. A six-foot high dust fence
shall surround the construction site during primary grading activities.
· Dust in all disturbed areas, including storage piles, that are not being
actively utilized for construction purposes shall be effectively stabilized by
applying water; using a chemical stabilizer or suppressant; covering with a
tarpaulin or other suitable cover; or establishing a vegetative ground
cover.
· 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.
· Fugitive dust emissions during all land clearing, grubbing, scraping,
excavation, land leveling, grading, cut-and-fill, and demolition activities
shall be effectively controlled by applying water or by presoaking.
· When materials are transported off-site, all material shall be covered or
effectively wetted to limit visible dust emissions, and at least six inches of
freeboard space from the top of the container shall be maintained. ~f;./(f:
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Exhibit "C"
Mitigation/Conditions of Approval
GPA/ZC 04·0057
· All operations shall limit or expeditiously remove the accumulation of mud
or dirt from adjacent public streets at the end of each workday. (The use
of dry rotary brushes is expressly prohibited, except where preceded or
accompanied by sufficient wetting to limit the visible dust emissions. Use
of blower devices is expressly forbidden).
· After adding materials to, or removing materials from, the surface of
outdoor storage piles, fugitive dust from said piles shall be effectively
stabilized by applying sufficient water or chemical stabilizer or
suppressant.
· Within urban areas, trackout shall be immediately removed whenever it
extends 50 or more feet from the site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
· Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and
restrict the use of cutback, slow-cure, and emulsified asphalt paving
materials.
· Cease grading activities during periods of high winds (greater than 20
miles per hour (mph) over a one-hour period).
· Limit the speed of construction-related vehicles to 15 mph on all unpaved
areas at the construction site.
· Implement, carryout, and trackout mitigation measures, such as gravel
pads, in accordance with the requirements of the SJVAPCD Regulation
VIII.
Long-Term (Operational) Impacts
6c. 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.
Page 9 of 32
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Exhibit "C"
Mitigation/Conditions of Approval
GPA/ZC 04-0057
· Throughout the Project, incorporate sidewalks, with adequate safety
signage and appropriate lighting. Connect sidewalks to any open space
or recreational areas and to nearby transit loading areas and/or shelters.
· The Project applicant shall incorporate the following in building plans:
· Bicycle racks shall be provided in the proposed commercial areas.
Location and number shall be shown on the Final Development Plans.
· Install electrical outlets and/or natural gas lines in backyards or patios to
encourage the use of electric landscaping equipment and natural gas
barbecues. No building permit can be issued without compliance with this
mitigation measure.
· At intersections and on street segments where traffic generated by the
proposed developments may impact the surrounding local roadway
system, improve streets and install traffic signals.
· The proposed project shall comply with Title 24 of the California Code of
Regulations established by the Energy Commission regarding energy
conservation standards. The project applicant shall incorporate the
following in building plans, subject to the review and approval of the City:
- solar or 10w-NOx emission water heaters shall be used;
- central water heating systems shall be used;
- double-paned glass shall be used in all exterior windows;
- energy-efficient low-sodium parking lot lights shall be used; and
- install energy-efficient and automated air conditioners.
6d. To achieve the emissions reductions as described above, mitigation programs
such as, but not limited to the following, shall be considered by the subdivider:
Public Works Improvement Projects:
Project or projects approved by the City Public Works Department that will result
in the reduction of emissions as described above. The improvements for said
project must be completed and accepted by the Public Works Department prior
to recordation of individual development phases. The project(s) selected shall be
one(s) not otherwise funded or constructed with this proposed project. The
subdivider is responsible for all costs to determine the emission reductions
associated with proposed Public Works project(s). Documentation for public
works improvement project(s) demonstrating mitigation compliance shall be ~MI:'
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Page 10 of 32
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Exhibit "C"
Mitigation/Conditions of Approval
GPA/ZC 04-0057
submitted to the Planning Director prior to recordation of individual development
phases. The types of public works improvement project(s) used for the reduction
in emissions may include but are not limited to the following types:
· Construction of a new warranted signal.
· Modification of an existing signalized intersection to add additional left
turn storage or dedicated right turn capability.
Other Proiects:
These are non-public works projects selected by the subdivider that shall result in
the reduction of emissions as described above. The subdivider is responsible for
all costs to determine the emission reductions associated with the proposed
project(s). Proof of mitigation compliance shall be submitted to the Planning
Director prior to recordation of individual development phases. Proof of
compliance may include documentation of the number, type and year of cars
crushed; location and type of engine modified, photo documentation and
quantification of emission reduction by the San Joaquin Valley Air Pollution
Control District or an air quality consultant. The types of project(s) used for the
reduction in emissions may include but are not limited to the following types:
· Car crushing of older model cars.
· Modification to stationary diesel engines, such as those under
agricultural use.
· Modification of fleet vehicles and/or other mobile sources.
SJVAPCD Mitiaation Fund:
Should the SJVAPCD implement an air quality mitigation program, the
subdivider, could elect to participate as set forth below.
· Mitigation fees ("funds") are based on current market price coupled
with available alternative emission reduction opportunities within the
City as follows:
Current Est. Trade Price
Estimated Retrofit Cost
Mitigation fee price
Required ROG offset mitigation'
= $20,000 per ton
= $19,000 perton
= $20,000 per ton
= 40.16 tons
Page 11 of 32
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Mitigation/Conditions of Approval
GPA/ZC 04-0057
(see Table 5.7-17 and 5.7-18)
Requires NOx offset mitigation*
(see Table 5.7-17 and 5.7-18)
- Total Retrofit
= 40.72 tons
= 80.88 tons
* Required emissions reduction to reduce project air impacts below
significance thresholds (10 tons per year).
. A total mitigation fee of $647,040 will be paid by the current property
owner or its assigns.
- 80.88 TONS ($20,000/ton) X (40%*) = $647,040
* Estimated percentage of air emissions attributable to new, out of air
basin sources relocating to the San Joaquin Valley Air Basin.
. The SJVAPCD may use the funds immediately or retain them to apply
to future replacement, retrofit opportunities, purchase of open space
land or other appropriate air quality mitigation measures within the
Metropolitan Bakersfield Sphere of Influence. Proof of payment shall
be provided to the Planning Director prior to the recordation of each
phase.
Cumulative Impacts
6e. Refer to (Mitigation Measures) Condition Nos. 6c. and 6d., above.
7. BIOLOGICAL RESOURCES
Short-Term (Construction) Impacts
7a. Construction vehicle speed limits shall not exceed 20 mph and shall be posted
throughout the site for the duration of construction activities.
7b. 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.
7c.
Excavations shall be provided with escape ramps or otherwise be covered to
prevent entrapment, or the site could otherwise be protected during construction
Page 12 of 32
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GPA/ZC 04-0057
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.
7d. Provide open culverts during construction to reduce vehicular mortality at fox
crossing roads.
Special-Status Wildlife
7e. As required by the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP)
take avoidance measures for San Joaquin kit fox dens, follow all agency
guidelines regarding kit fox tracking and excavation to prevent entrapment of
animals in potential dens.
7f. Prior to construction, conduct preconstruction surveys for known dens, bat roosts
within the water tower, building attics, and nest sites and implement appropriate
and/or necessary take avoidance measures for the San Joaquin kit fox and
protected bird species in accordance with the MBHCP and the Migratory Bird
Treaty Act.
7g. Conduct preconstruction surveys prior to disking and/or ground disturbance
activities to ensure that no California ground squirrel burrows are present and to
prevent potential entrapment of burrowing owls. Survey the buildings and water
tower to ensure that no raptors are nesting at the time of demolition. If nests are
encountered, use agency-approved buffer zones and avoid nests until the young
have fledged.
7h. If any previously unidentified protected species that is not addressed in the
MBHCP is found to be present, avoid the species and have it evaluated by a
qualified biologist. Notify the U.S. Fish and Wildlife Service (USFWS) and the
California Department of Fish and Game (CDFG) any previously unreported
protected species. Any take of protected wildlife shall be reported immediately to
the CDFG and USFWS.
Long-Term Impacts
71. 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 AESTHETICS/LIGHT AND GLARE, No.
3 regarding light spillover and glare mitigation measures.
Page 13 of 32
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7j. All food, garbage, and plastic shall be disposed of in closed containers and
regularly removed from the site to minimize attracting ranging kit fox or other
animals to the site where they may be harmed.
8. CULTURAL RESOURCES
Archaeological Resources
8a. 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, at the owners/developers expense, 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.
8b. If human remains are discovered as a result of the Project during any earth
removal or disturbance activities, all activity shall cease immediately, 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.
9. PUBLIC SERVICES AND UTILITIES
Fire Protection
9a. Future developrnent projects shall be reviewed by the City of Bakersfield and/or
County of Kern Fire Departments. Specific Department requirements for access,
fire flow, hydrants, or other fire and life safety requirernents shall be addressed at
the subsequent property entitlement phase.
9b. Residential projects shall meet fire-flow requirements in accordance with relevant
City building codes, City fire codes, and the requirements of the Kern County Fire
Department
9c. Traffic signal pre-emption devices shall be installed on all new traffic signals and
a signal pre-emption transmitter shall be provided by the applicant for the City of
Bakersfield Fire Department and Kern County Fire Department.
Page 14 of 32
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9d. Because of the potential increase in construction activity and population and the
resulting increase is medical aid calls, an automated external defibrillator (AED)
shall be provided by the applicant to the City of Bakersfield and Kern County Fire
Department.
ge. Refer to TRAFFIC AND CIRCULATION, No. 4 for short-term construction
mitigation measures.
Police Protection
9f. Refer to TRAFFIC AND CIRCULATION, No. 4 for short-term construction
mitigation measures.
Schools
9g. Prior to issuance of a building permit for any residence within the Project area,
the applicant shall pay fees to the Lakeside School District in the amount of
$91.90 per residential unit and $51.69 per parcel of undeveloped property.
Additionally, there are developer school impact fees levied at $2.24 per square
foot of residential construction and $0.36 per square foot of commercial and
industrial development within the boundaries of the District; the current fees the
Project Applicant shall pay to the Kern County High School District are 35% of
the statutory $2.24 per square foot for single-family detached housing.
Parks and Recreation
9h. 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, or the developer must pay in-lieu
fees of $1,275 per residential unit.
Water Resources
9i. 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
Page 15 of 32
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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.
Solid Waste
9j. 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.
10. CITY ATTORNEY CONDITION
10a. 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.
11. PUBLIC WORKS CONDITIONS
Page 16 of 32
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GPA/ZC 04-0057
11 a. Prior to approval of any development plan, improvement plan, or application for a
lot line adjustment, the following shall occur:
· Developer shall provide fully executed dedication for Gosford Road and
McCutchen Road and Panama Lane to arterial standards and Berkshire
Road to collector standards for the full frontage of the area within the GPA
request. Dedications shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City
Engineer. Submit a current title report with the dedication documents.
· Developer shall submit a conceptual drainage study to be reviewed and
approved by the City Engineer. No more than 3 sumps 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. The study shall be
approved and any required retention site and necessary easements
dedicated to the City. The developer shall form a Planned Drainage Area
or provide some other mechanism as approved by the City Engineer to
ensure the construction of the drainage facilities and the payment of the
pro-rata share of the facilities by all of the affected property.
· Sewer service must be provided to the GPA/ZC area. Submit verification
to the City Engineer of the existing sewer system's capability to accept the
additional flows to be generated through development under the new land
use and zoning.
· Developer shall pay median fees for all arterial roads within the
boundaries of the GPA/ZC area. The payment of these fees may be
phased to match the construction phasing of the project.
11 b. The entire area covered by this 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 Consolidate 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.
11 c. The Berkshire Road crossing of the Stine Canal needs to be constructed to serve
this area. Developer shall aid in the formation of a Major Road and Thoroughfare
District for the construction of the crossing.
11d. Traffic - Local Mitigation: The developer shall pay the proportionate share of the
local mitigation measures as indicated in Table 5.5-16 of the DEIR (copy on file
Page 17 of 32
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at City) (SEE next page showing Table5.5-16), percent shares shall be based
upon the Caltrans methodology, percentage in parenthesis (%).
Prior to development or recordation of any subdivision the project engineer shall
prepare, and have approved by the City Engineer, an estimate and fee schedule
for these local mitigation items, where not already accounted for by adjacent
development projects.
11 e. Traffic - Regional Transportation Impact Fee: The developer shall pay the
standard residential, commercial and industrial fees as adopted at time of
development. For any retail use exceeding the 100,000 SF fixed fee rate limit,
the fee shall be computed by special study in compliance with City policy.
Page 18 of 32
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Exhibit "C"
Mitigation/Conditions of Approval
GPA/ZC 04-0057
TABLE 5.5-16
Future Intersection Improvements & Local Mitigation
Local Mitigation Project %
Intersection Total Improvements (Improvements Share or Local
Required by 2024 not covered by Mitigation
RTIF)
Gosford Road & Ming Avenue 1 WBR, -- - 1.86%
1 NBR (6.33%)
Ashe & White Lane 1 EBL, 1 EBL,
1 WBL, 1 WBL, 2.5%
1 NBL, 1 NBL, (10.35%)
1 SBL 1 SBL
Gosford Road & White Lane Revise sional timino - -- - --
Gosford Road & District Boulevard 1 NBL 1 NBL 12.84%
1 SBL 1 SBL (31.06%)
Old River Road & Pacheco Road Install Signal Install Signal
1 EBL, 1 EBL, 21.78%
1 WBL, 1 WBL, (22.81%)
1 NBL, 1 NBL,
1 SBL 1 SBL
Buena Vista Road & Harris Road Install Signal 1 EBL,
1 EBL, 1 WBL 8.31%
1 WBL, (12.33%)
2 NBL,
1 NBT,
2 SBL,
1 SNT
Old River Road & Harris Road Install Signal 1 EBL, 22.09%
1 EBL, 1 WBL (22.27%)
1 WBL,
1 NBL,
1 SBL
2
The methodology for calculating the percent shares shown in Table 5.5-16 and
5.5-17 are discussed in Appendix 15.4, Traffic Study.
Page 19 of 32
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Exhibit "C"
Mitigation/Conditions of Approval
GPAlZC 04-0057
Local Mitigation Project %
Intersection Total Improvements (Improvements Share or Local
Required by 2024 not covered by Mitigation
RTIF)
Progress Road & Harris Road Install Signal 1 EBL, 1 WBL, Install Signal - 1 15.68%
1 NBL, 1 SBL EBL, 1 WBL, 1 (15.68%)
NBL, 1 SBL
Ashe Road & Harris Road Install Signai Install Signal 3.38%
16.24%\
Allen Road and Panama Lane Install Signal - 1 EBL, 1 WBL, 1 1 EBL, 1 NBL 4.26%
NBL, 1 SBL 14.26%\
Bartow Road & Panama Lane Install Signal - 1 EBL, 1 WBL, 1 1 NBL, 1 SBL 7.26%
NBL, 1 SBL (7.26%\
Buena Vista Road & Panama Lane Install Signal- 1 EBL, 1 EBT, 1
WBL, 1 NBL, 1 NBT, 1 SBL, 1 SBT - -- -- -
Mt. Vista Road & Panama Lane Install Signal- 1 EBL, 1 EBT, 1 1 NBL, 1 SBL 13.78%
WBL, 1 NBL, 1 SBL 113.78%\
Old River Road & Panama Lane Install Signal 1 EBL, 1 EBT, 1
WBL, 1 WBT, 1 NBL, 1 NBT, 1 - -- ---
SBL, 1 SBT
Progress Road & Panama Lane Install Signal - 1 EBL, 1 EBT, 1 Install Signal - 32.12%
WBL, 1 WBT, 1 NBL, 1 SBL 1 NBL, 1 SBL 138.26%\
Commercial North Entrance & Install Signal- 1 EBT, 1 WBT Install Signal
Panama Lane _2
Gosford Road & Panama Lane Install Signal - 2 EBL, 1 EBT, 1
EBR, 2 WBL, 1 WBT, 2 NBL, 1 -- - - --
NBT, 1 NBR, 1 SBL, 1 SBT
Reliance Drive & Panama Lane Install Signal - 1 EBL, 1 WBL, 1 1 NBL, 1 SBL 13.65%
NBL, 1 SBL 121.84%\
Ashe Road & Panama Lane Install Signal- 1 EBL, 1 EBT, 1 1 SBL, 1 SBT 7.34%
EBR, 1 WBL, 1 WBT, 2 NBL, 1 (10.49%)
NBT, 1 SBL, 1 SBT
Golden Gate Drive & Panama Lane Install Sional -- - -- -
Wible Road & Panama Lane 1 WBL, 1 WBR3, 2 NBL, 1 NBT, 1 1 WBL, 1 WBR3, 1.93%
SBL, 1 SBT 2 SBT (5.5%)
Gosford Road & Commercial East Install Signal - 1 EBL, 1 EBT, 1 Install Signal - 1
Entrance EBR, 1 WBL, 1 WBT, 2 NBL, 1 NBL _2
NBT, 1 SBL, 1 SBT
Old River & Berkshire Road Install Signal- 1 EBL, 1 WBL, 1 1 EBL, 1 WBL 7.45%
NBL, 1 SBL 17.45%\
Progress Road & Berkshire Road Install Slgnal- 1 EBL, 1 WBL, 1 Install Signal- 1 28%
NBL, 1 SBL EBL, 1 WBL, 1 (28%)
NBL, 1 SBL
Gosford Road & Berkshire Road Install Signal - 1 EBL, 1 WBL, 1 1 EBL, 1 WBL 45.65%
NBL, 1 SBL, 1 SBT (45.65%\
Buena Vista Road & McCutchen Install Signal - 1 EBL, 1 WBL, 1 1 EBL 7.5%
Road NBL, 1 NBT, 1 SBL 18.67%\
Page 20 of 32
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ORIGINAL
Exhibit "C"
Mitigation/Conditions of Approval
GPAlZC 04-0057
Local Mitigation Project %
Intersection Total Improvements (Improvements not Share or Local
Reouired bv 2024 covered bv RTIF) Mitiaation
Mt. Vista Drive & McCutchen Install Signal- 1 EBL, 1 WBL, Install Signal - 1 EBL, 15.17%
Road 1 NBL, 1 SBL 1 WBL, 1 NBL, 1 SBL 115.32%\
Old River Road & McCutchen Install Signal - 1 EBL, 1 WBL, 1 NBL, 1
Road SBL - -- - --
Progress Road & McCutchen Install Signal- 1 EBL, 1 WBL, 1 NBL, 1 1 NBL, 1 SBL 35.56%
Road SBL 125.76%)
Gosford Road & McCutchen Install Signal-1 EBL, 1 EBT, IWBL, 1
Road WBT, 1 WBR, 2 NBL, 1 NBT,2 SBL, 1 -- - - --
SBT
Ashe Road & McCutchen Road Install Signal- 1 EBL, 1 WBL, 1 NBL, 1
SBL -- - - --
Golden Gate Road & Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 1 NBL, 1 SBL 34%
McCutchen Road SBL 134%)
Stine Road & Hosking Avenue Install Signal - 1 EBL, 1 WBL, 1 NBL, 1
SBL -- - - --
Akers Road & HoskinaAvenue Install STcJnal - -- - --
Wible Road & Hosking Avenue Install Signal - 1 EBT, 1 EBT, 1 WBL, 1
WBT, 1 NBL, 1 SBL - -- -- -
SR 99 SB & Hoskina Avenue Install Sional- 1 EBT, 1 WBT -- - -- -
SR 99 NB & Hoskinn Avenue Install Sinnal - -- -- -
Old River Road & McKee Road Install Signal- 1 EBL, 1 WBL, 1 NBL, 1 1 EBL, 1 WBL 8.08%
SBL 18.08%)
Progress Road & McKee Road Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 Install Signal- 1 EBL, 1 11.12%
SBL WBL, 1 NBL, 1 SBL 111.12%)
Gosford Road & McKee Road Install Signal - 1 EBR, 1 NBL 1 EBR 19.64%
119.64%)
Old River Road (North) & Taft Install Signal - 1 EBL, 1 EBT, 1 EBR, 1 1 1
Hiahwav5 WBT, 1 WBR 5.07%
Old River Road (South) & Taft 1 NBT, 1 NBR, 1 SBL, 1 SBT4, 1 SBR4 NBT, NBR (11.35%)
Hiahwav5
Progress Road & Taft Highway Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 Install Signal- 1 NBL, 1 1~·84~: )
SBL SBL 6.84%
Gosford Road & Taft Highway Install Signal- 1 EBT, 1 WBT, 1 NBL, 1 1 EBL, 1 WBL 10.97%
SBL 124.45%)
Gosford Road & Curnow Road Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 1 EBL 10.8%
NBT, 1 SBL 110.8%)
Notes:
1 Striping only.
2 The project will install the signal and language the time of buildout.
3 Utilize current right turn for additional WBT.
4 New lanes are to be on realignment north leg of intersection 5 Currently offset. Realign north intersection to meet south intersection
(%) Caltrans Percent Share.
S NB: North bound; 88: South bound; EB: East bound; WB: West bound; L: Left turn lane; R: Right turn lane.
Source: Traffic StudY, Ruettaers & Schuler Civil Ennineers, November 2004.
Page 21 of 32
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ORIGINAL
Exhibit "C"
Mitigation/Conditions of Approval
GPA/ZC 04-0057
12. PLANNING COMMISSION CONDITIONS
12a. Prior to issuance of the first single family residential building permit, the
developer shall demonstrate to the satisfaction of the Planning Director that
photovoltaic systems will be offered to all single-family homebuyers as an
optional feature.
12b. Prior to recordation of final maps, the Public Works Department shall verify that
all associated improvement plans specify that all street lights are to be zero cutoff
fixtures.
12c. Upon recordation of the first subdivision map, the applicant shall construct to the
City of Bakersfield standards as approved by the Public Works Director, curb,
gutter and street at the commercial corner of Panama Lane and Gosford Roads.
Upon the recordation of the 200th residential lot, the applicant shall construct to
City of Bakersfield standards as approved by the Public Works Director, curb,
gutter and streets at the commercial corner of McCutchen Road and Gosford
Road.
12d. In an attempt to reduce complaints and unwarranted investigations undertaken
by any public agency, the following disclosure shall be recorded as part of any
transfer of properties within the project site.
Your real property is adjacent or in the vicinity of property used for
agricultural operations and/or industrial operations, you may be subject to
inconveniences or discomforts arising from and associated with such
operations on any 24-hour basis. Said discomforts may include, but shall
not be limited to equipment noise, odors from manure, fertilizer, and other
chemicals, dust and/or smoke.
12e. All commercial zoning on the site shall be C-2 with a PCD (Planned Commercial
Development) overlay.
12f. If Progress Road is eliminated, the applicant shall complete Panama Lane, curb,
gutter and street from the project boundary west to the railroad tracks.
Added Conditions for Vulcan Materials Company:
13. The developer shall promptly grant to Vulcan Materials Company fee title to a 30-
foot wide strip of land along a portion of the northern boundary of the proposed
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Page 22 of 32 f- m
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ORIGINAL
Exhibit "C"
Mitigation/Conditions of Approval
GPAlZC 04-0057
light industrial zone, including along 150 feet of Vulcan's property, as shown on
Figure 1 attached hereto. The strip will be used as a private roadway for
industrial access for trucks and other vehicles between Progress Road and
Vulcan's plant property. If approval of a lot line adjustment, parcel map waiver,
or other permit is necessary to effectuate this grant, Developer shall promptly
process the lot line adjustment, parcel map waiver, or other permit and grant
Vulcan fee title to the 30-foot wide strip immediately upon approval thereof by the
City. Prior to the recording of the deed for the strip, Vulcan shall have a
temporary easement to use the strip for this same roadway use. Developer
acknowledges that Vulcan retains the current access points from Panama Lane
to its facilities.
14. The developer shall install, as and when warranted, a traffic signal at the
intersection of Progress Road and Panama Lane, which traffic signal is
specifically identified as a required Local Mitigation in Table 5.5-16 of the Final
EIR for the Project. The traffic signal shall be consistent with City of Bakersfield
standards as approved by the Public Works Director. The traffic signal shall
have, if approved by City, a protected left turn phase for traffic turning onto
southbound Progress Road from westbound Panama Lane and a protected left
turn phase for traffic turning onto westbound Panama Lane from northbound
Progress Road. Whether or not such protected left turn phases are approved or
provided, City will permit left turns onto southbound Progress Road from
westbound Panama Lane, and City will permit left turns onto westbound Panama
Lane from northbound Progress Road. The requirement to install this traffic
signal does not eliminate the requirement to install or construct any other
improvements at or near this intersection called for by the Bakersfield General
Plan or other applicable City requirements, the Project EIR, and/or any other
conditions of approval for the Project.
15. Prior to issuance of any certificate of occupancy within the area proposed to be
designated as LI and zoned M-1, Developer shall construct a masonry wall, not
less than six feet high, on the Project site immediately adjacent to the southern
perimeter of Vulcan's property (including the 30-foot strip to be granted to Vulcan
pursuant to Condition 13 above). Developer, and all future owners of
property(ies) where such wall has been installed, shall be responsible for
maintaining such wall in good condition and repair.
16. Prior to issuance of any certificate of occupancy within the area proposed to be
designated as HMR and zoned R-2 and/or the area proposed to be designated
as MC and zoned C-2, Developer shall construct a masonry wall, not less than
six feet high, on the Project site along the southern boundaries of the area
proposed to be designated as MC and zoned C-2, all as shown on Figure 1
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Page 23 of 32
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Exhibit "C"
Mitigation/Conditions of Approval
GPAlZC 04-0057
attached hereto. The bottom of the wall shall be at grade level of the adjacent
residences. Developer, and all future owners of the property(ies) where such
wall has been installed, shall be responsible for maintaining such wall in good
condition and repair.
17. Prior to issuance of any certificate of occupancy within the area proposed to be
designated as LMR zoned R-2 (MH overlay) and/or the area proposed to be
designated as MC and zoned C-2, Developer shall construct a masonry wall, not
less than six feet high, on the Project site along the western boundary of the area
proposed to be designated as MC and zoned C-2, all as shown on Figure 1
attached hereto. The bottom of the wall shall be at grade level of the adjacent
structures. Developer, and all future owners of property(ies) where such wall has
been installed, shall be responsible for maintaining such wall in good condition
and repair.
18. Prior to issuance of any certificate of occupancy within the area proposed to be
designated as LMR and zoned R-2 (MH overlay) and/or the area proposed to be
designated as LI and zoned M-1, Developer shall construct either a 7-foot high
masonry wall atop a 3-foot high earthen berm or a 10-foot high masonry wall on
the Project site along the southern boundary of the area proposed to be
designated as LI and zoned M-1, as shown on Figure 1 attached hereto. The
bottom of the 3-foot high berm or the 10-foot high wall shall be at grade level of
the adjacent residences. Developer, and all future owners of property(ies) where
such wall has been installed, shall be responsible for maintaining such wall in
good condition and repair.
19. Prior to issuance of any certificate of occupancy within the area proposed to be
designated as MC and zoned C-2, the developer shall install a row of trees
adjacent to the masonry wall required by Conditions 16 and 17 above, as shown
on Figure 1 attached hereto. At the time of construction of the masonry wall
required by Condition 18 above, Developer shall install a row of trees adjacent to
such wall as shown on Figure 1 attached hereto. All such trees shall be planted
and maintained in accordance with City site development, zoning and/or PCD
standards, shall be spaced not more than 20 feet apart, and shall be of a size
sufficient to exceed the height of the adjacent wall at full growth.
Page 24 of 32
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Page 25 of 32
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Exhibit "C"
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20. The developer shall construct a masonry wall, which shall be at least 6 feet high
in all locations, on the Project site along the perimeter of the proposed residential
area, except in such locations as higher walls are required by these conditions of
approval. The wall may be constructed in sections, provided that each section
shall be constructed prior to issuance of any certificate of occupancy for any
residential unit within the development phase that includes such section of wall.
Developer, and all future owners of property(ies) where such wall has been
installed, shall be responsible for maintaining such wall in good condition and
repair.
21. All residences constructed in the area proposed to be designated as LMR and
zoned R-2 (MH overlay) shall be limited at all times to one story. This area of
limitation is further illustrated in Figure 1 attached hereto.
22. The westernmost buildings in the proposed commercial center in the Project
adjacent to the eastern boundary of Vulcan's property (a) shall be set back at
least 60 feet from the eastern boundary of Vulcan's property, (b) shall be at least
30 feet in height, and (c) shall be designed and constructed so that walls facing
Vulcan's property do not include any storefronts, all as shown on Figure 2
attached hereto.
23. Noise levels in residences within the Project site shall be further mitigated
through the use of noise-reducing components adequate to reduce noise from
nearby heavy industrial sites and operations, including but not limited to dual-
paned windows and air conditioning.
24. The developer shall include the following disclosure provision in any grant deed
to any grantee of any property within the Project site:
Grantee hereunder acknowledges and agrees that the
subject property is located in the vicinity of active industrial
uses and operations, including the production of concrete,
asphalt and other construction materials. Grantee also
acknowledges that such operations are associated with
potentially objectionable elements, including dust, noise,
vibration, bright lights, unattractive visual appearance, hours
of operation, and heavy truck traffic on Gosford Road,
Panama Lane, McCutchen Road and other roads in the
area. Grantee hereby covenants to include this same
paragraph in any subsequent deed by Grantee of all or any
portion of the subject property.
Page 26 of 32
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Mitigation/Conditions of Approval
GPAlZC 04-0057
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Mitigation/Conditions of Approval
GPNZC 04-0057
25. Conditions 13-24 above (a) shall be in addition to, and not in lieu of or
substitution for, any other condition of approval or mitigation measure; (b) shall
govern over any conflicting provision of any other condition of approval or
mitigation measure; and (c) shall not be amended, modified or waived without at
least one duly noticed public hearing by the City Council, and notice of such
hearing shall include prior mailed notice to all owners or operators of all adjacent
industrial properties. Nothing in Conditions 13-24 above or any other condition of
approval or mitigation measure shall be deemed to confer any jurisdiction of the
City over any such industrial properties prior to any annexation thereof.
Added Conditions for Golden Empire Concrete:
26. Promptly upon annexation of the Project site into the City, subject to approval by
City and County, to the extent such approval is required, Developer shall cause a
three-way stop sign to be installed at the intersection of Gosford Road and
McCutchen Road.
27. Upon recordation of the final map containing the 200th residential lot in the
Project, Developer shall install a traffic signal at the intersection of Gosford Road
and McCutchen Road. Developer acknowledges that Golden Empire Concrete
retains the current access points from McCutchen Road and Gosford Road to its
facility.
28. The median design along McCutchen Road, in the vicinity of the Gosford Road
intersection, shall accommodate existing industrial and future commercial center
development according to City standards, in consultation with the owners of the
adjacent industrial properties and other adjacent property owners.
29. The commercial area in the southeast corner of the Project site proposed to be
designated as GC and zoned as C-2/PCD shall be modified so that the area is
772.50 feet wide (east to west) and 515 feet in length (north to south), as shown
on Figure 6 attached hereto, and more particularly described in Exhibit "A"
attached hereto.
30. Developer shall install a stormwater collection sump in the southeast corner of
the area proposed to be designated as LR and zoned as R-1 located west of the
commercial area referenced in Condition 29, as shown on Figure 5 attached
hereto.
Page 28 of 32
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Mitigation/Conditions of Approval
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31. Prior to issuance of any certificate of occupancy of any residence within 800 feet
of the centerline of McCutchen Road, Developer shall install landscaping within an
additional setback strip at least 10 feet wide adjacent to the northern side of the
ultimate McCutchen Road right-of-way, as shown on Figure 5 attached hereto.
Developer shall further install appropriate irrigation systems for all such
landscaping. Developer, and all future owners of property(ies) where such
landscaping and irrigation systems have been installed, shall be responsible for
maintaining such landscaping and irrigation systems in good condition and repair.
32. Prior to issuance of any certificate of occupancy of any residence within 800 feet
of the centerline of McCutchen Road, Developer shall construct either a 7-foot
high masonry wall atop a 3-foot high earthen berm or a 10-foot high masonry wall
on the Project site along the northern and western boundary of the commercial
center referenced in Condition 29, and on the northern portion of the 10-foot
setback provided pursuant to Condition 31, all as shown on Figure 5 attached
hereto. The bottom of the 3-foot high berm or the bottom of the 10-foot high wall
shall be at grade level of the adjacent residences. The Developer, and all future
owners of property(ies) where such wall and/or berm has been installed, shall be
responsible for maintaining such wall and/or berm in good condition and repair.
33. Except as otherwise provided in Conditions 31 and 32 above, Developer shall
construct a masonry wall, which shall be at least 6 feet high in all locations, on
the Project site along ihe perimeter of the proposed residential area. The wall
may be constructed in sections, provided that each section shall be constructed
prior to issuance of any certificate of occupancy for any residential unit within the
phase that includes such section of wall. Developer, and all future owners of
property(ies) where such wall has been installed, shall be responsible for
maintaining such wall in good condition and repair.
34. All residences constructed in the area marked "single story homes" on Figure 5
attached hereto shall be limited at all times to one story.
35. In the event Golden Empire Concrete elects to install any sound muffling on or
around any equipment or facilities on its plant site, Developer shall promptly
reimburse Golden Empire Concrete for up to $20,000 of the costs incurred
therefor.
36. Noise levels in residences within the Project site shall be further mitigated
through the use of noise-reducing components adequate to reduce noise from
nearby heavy industrial sites and operations, including but not limited to dual-
paned windows and air conditioning. ,
Page 31 of 32
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Mitigation/Conditions of Approval
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37. The developer shall include the following disclosure provision in any grant deed
to any grantee of any property within the Project site:
Grantee hereunder acknowledges and agrees that the
subject property is located in the vicinity of active industrial
uses and operations, including the production of concrete,
asphalt and other construction materials. Grantee also
acknowledges that such operations are associated with
potentially objectionable elements, including dust, noise,
vibration, bright lights, unattractive visual appearance, hours
of operation, and heavy truck traffic on Gosford Road,
Panama Lane, McCutchen Road and other roads in the
area. Grantee hereby covenants to include this same
paragraph in any subsequent deed by Grantee of all or any
portion of the subject property.
38. Conditions 26-37 above (a) shall be in addition to, and not in lieu of or
substitution for, any other condition of approval or mitigation measure; (b) shall
govern over any conflicting provision of any other condition of approval or
mitigation measure; and (c) shall not be amended, modified or waived without at
least one duly noticed public hearing by the City Council, and notice of such
hearing shall include prior mailed notice to all owners or operators of all adjacent
industrial properties. Nothing in Conditions 26-37 above or any other condition of
approval or mitigation measure shall be deemed to confer any jurisdiction of the
City over any such industrial properties prior to any annexation thereof.
MO:djl
S:\GPA 2nd 2005\04-0057 Panama-Gosford EIR\Env Doc\Exh C .doc
Page 32 of 32
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ORIGINAL
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EXHIBIT D
Statement of Facts and Findings
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EXHIBIT "D"
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 determined to be less than significant,
based on review of available information 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. Changes 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 environmental impact
report. "
The Final EIR for the Gosford/Panama 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 CEQA Guidelines. The Summary of Mitigation Measures is ~ <ò!\Ké:'1
based in part on the requirements contained in Section 21081.6 of the Public Resources Code a ~
(see Exhibit B). A Mitigation Monitoring Program will be adopted as part of the Resolution. ~ {!l
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II. PROJECT DESCRIPTION
The proposed Project involves actions necessary for a General Plan Amendment (GPA) No. 04-
0057, zone change, and annexation of approximately 300 acres within unincorporated Kern
County (County) into the corporate limits of the City of Bakersfield (City). The proposed Project
is situated within the current Sphere of Influence (SOl) boundary identified in the Metropolitan
Bakersfield General Plan (General Plan).
The annexation, GPA, and zone change would permit development of residential areas
(including mobile home sites) a regional retail and neighborhood retail sites, and related
industrial service uses. The residential development would comprise approximately 1,350
single- and multiple-residential units. The retail services would be approximately 65,000 square
feet of neighborhood retail and 588,000 square feet of regional retail. Approximately 20 acres of
the Project site would comprise light industrial uses and other supporting services. A 55-acre
commercial development is proposed for the northeastern corner at the Gosford Road and
Panama Lane intersection and is planned for regional retail services that include adequate
parking and access.
Portions of the Stine Canal and Branch Two Canal owned and operated by the Kern Delta
Water District would be covered and relocated as part of future on-site improvements. The
proposed concept calls for the canals to be combined into a single pipeline from approximately
300 feet south of Panama Lane to approximately 1,980 feet south of Panama Lane, parallel to
the western side of Gosford Road. The on-site portion of the Stine Canal, at 1,980 feet south of
Panama Lane, would be reconstructed as either an unlined channel or a pipe and would run
due west to a connection with the existing Branch Two Canal. The Branch Two Canal would
continue south in a pipeline adjacent to the western side of Gosford Road to a point
approximately 3,800 feet south of Panama Lane, where it would turn east and connect to an
existing crossing of Gosford Road. The abandoned portions of the Stine Canal and Branch Two
Canal would be filled. The Project would also include the construction of water facilities,
including a minimum of two water wells and appurtenant facilities to be owned and operated by
the City.
An amendment to the General Plan's Circulation Element is also proposed as part of the
Project. The amendment would reciassify Progress Road between Panama Lane and
McCutchen Road from a collector roadway to a local street. The City's local street classification
allows for an ultimate 36 to 44-foot cross-section and 60-foot wide right-of-way, with two travel
lanes. For this Project, the analysis assumes that the full right-of-way (ROW) width of 60 feet
would be annexed to accommodate the improvement of Panama Lane, Gosford Road, and
McCutchen Road adjacent to the Project site, to City of Bakersfield arterial standards.
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 information contained in both the Draft and Final EIRs prepared for the
Gosford/Panama 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 considere,d the information contained in the Draft and Final EIRs prepared
for the Gosford/Panama Annexation Project and public records. finds that ilK
changes or alterations to the Project will avoid or substantially lessen potentially çj< ~ f1<J'
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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 Gosford/Panama Annexation Project and the public record, finds that
there are specific economic, social, or other considerations which make the
mitigation measures for Agriculture and 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 Agriculture and Aesthetics, Light, and
Glare may occur with future development in conjunction with implementation of
the Gosford/Panama Annexation Project. This finding requires that the Lead
Agency issue a "Statement of Overriding Considerations" under Section 15093
and 15126(b) of the State CEQA 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 Agency 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 CEQA 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 30-day period commencing on September 27,
2004, and concluding on October 26, 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
21, 2004 at the City of Bakersfield City Hall Council Chambers 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 December 17, 2004
and concluded on January 31, 2005, the City of Bakersfield held a noticed public
hearing on Janua;y 6, 2005 regarding the Draft EIR. The public was afforded the
opportunity to orally comment on the Draft EIR at the public hearing, and the
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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 10 days prior to the Final EIR's certification.
V. FINDINGS REGARDING IMPACTS DETERMINED TO BE INSIGNIFICANT IN THE
INITIAL STUDYINOTICE OF PREPARATION
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 this scope to create such impacts or
the absence of project characteristics producing effects of this type. The effects determined not
to be significant are not included in primary analysis sections of the Draft EIR.
AESTHETICS. Would the proposal:
Have a substantial adverse effect on a scenic vista?
As with all of Metropolitan Bakersfield, the proposed Project site is relatively level, with
no significant topographic relief or features. The area to the north and southeast of the
proposed Project is developed with no visual access to scenic areas. Furthermore,
industrial uses exist to the northwest and southeast. 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.
Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
The proposed Project site is occupied by agricultural fields. No scenic resources,
including trees, rock outcroppings, and historic buildings, are located on or near the
proposed Project. Therefore, impacts in this regard would be less than significant.
Substantially degrade the existing visual character or quality of the site and its
surroundings?
The existing residential uses to the northeast would experience view alterations. Current
views would be changed by the potential raising of perimeter walls, landscaping, and/or
street lights. Construction on-site would alter the visual character of the existing site.
However, the proposed Project would not substantially degrade the existing visual
character or quality of the site or its surroundings. An asphalt batch plant and cement
company are located at the northwestern corner of Panama Lane and Gosford Road. A
concrete and cement plant is also located to the south, along McCutchen Road. Impacts
in this regard would be less than significant.
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Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
Light and glare are currently generated from vehicular uses along Panama Lane and
Gosford Road. The proposed Project would include typical street lighting, construction
lighting (if necessary), and increased light and glare from motor vehicles within the
Project area. Compliance with City of Bakersfield standard design practices would
minimize light and glare impacts. No significant impacts are anticipated.
AIR QUALITY. Where available, the significance criteria established by the
applicable air quality management or air pollution control district may be relied
upon to make the following determinations. Would the project:
Create objectionable odors affecting a substantial number of people?
Construction activities associated with the Project may generate detectable odors from
the engine exhaust emissions of heavy-duty equipment. Odors associated with diesel
and gasoline fumes are transitory and would not create objectionable odors affecting a
substantial number of people. The impacts of these odors would be short-term, would
cease upon Project completion, and are not anticipated to be significant.
BIOLOGICAL RESOURCES. Would the project:
Have a substantial adverse effect on federally protected wetlands as defined by Section
404 of the Clean Water Act (including, but not limited to, marsh, vernal 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?
No locally designated natural communities as referenced in the Metropolitan Bakersfield
General Plan's Conservation Element have been identified for the Project site.
Additionally, the Project site would comply with the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP). Impacts are anticipated to be less than significant.
CULTURAL RESOURCES. Would the project:
Disturb any human remains, including those interred outside of formal cemeteries?
There are no known formal cemeteries in the Project vicinity. A cultural resources
assessment will be prepared to determine whether any human remains are interred
outside of formal cemeteries.
GEOLOGY AND SOILS. Would the project:
Result in substantial soil erosion or the loss of topsoil?
Most of the soil on the Project site is classified as Kimberlina fine sandy loam soil on 0 to 'òAKf
2 percent slopes. The Kimberlina soil is deep, well drained, alluvial fans derived from ~ 1",
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granite and sedimentary rock. The vegetation areas not cultivated are mainly annual
grasses, native and non-native forbs, and shrubs.
Clearing and grading for construction may expose soils to short-term wind and water
erosion. Implementation of erosion control measures as required by the City and
adherence to all requirements set forth in the National Pollutant Discharge Elimination
System (NPDES) permit for construction activities would ensure that any such impacts
are less than significant.
HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials?
The proposed Project involves actions necessary to annex approximately 300 acres into
the City of Bakersfield, including a GPA and ZC, which do 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 one-quarter mile of an existing or proposed school?
No existing or proposed schools are located within one-quarter mile of the proposed
Project site.
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
significant hazard to the public or the environment?
No Impact.
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 site is not located within 2 miles of a public airport or public use
airport. Therefore, a safety hazard is not expected as a result of the proposed Project.
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 physically interfere with an adopted emergency response
plan or emergency evacuation plan?
The proposed Project development would ultimately result in regional and neighborhood
commercial centers and 1,350 dwelling units. A Traffic Management Plan (TMP) would
be implemented to ensure than construction does not interfere with any emergency
response or evacuation plans. The TMP and, if necessary, other traffic control M
measures, are described in Section 5.5 of this EIR. v'ò lò1>o
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Expose people or structures to a significant risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent to urbanized areas or where residences are
intermixed with wildlands?
The proposed Project site is located in an agricultural setting with less than significant
potential for wildland fires. Much of the existing vegetation would be removed with
implementation of the proposed Project thus reducing potential impacts in this regard.
HYDROLOGY AND WATER QUALITY, Would the project:
Substantially alter the existing drainage pattern of the site or area, including 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?
The anticipated development of the Project site would add impervious surfaces to the
site and increase the amount of stormwater exiting the site. The development would
include the construction of on-site sumps to reduce peak flows and the expansion of all
storm drain facilities that would be required to serve the site. Less than significant
impacts on drainage facilities are expected to occur.
Substantially alter the existing drainage pattern of the site or area, including 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?
Refer to response, above.
Create or contribute runoff water which would exceed the capacity of existing or planned
storm water drainage systems or provide substantial additional sources of polluted
runoff?
Construction of proposed development may result in minor changes in the amount of
runoff due to the impermeable surface area of the Project. Surface runoff velocities,
volumes, and peak flow rates would increase as well. The anticipated development
would not have the capacity to create or contribute runoff water that would exceed the
capacity of planned stormwater drainage systems. Less than significant impacts are
anticipated in this regard.
Otherwise substantially degrade water quality?
Discharge from the proposed Project through stormwater facilities would consist of non-
point sources. Stormwater quality is generally affected by the length of time since the
last rainfall, intensity of rainfall, urban uses of the area, and the quantity of transported
sediment. Typical urban water quality pollutants usually result from motor vehicle
operations, oil and grease residues, and careless material storage and handling. Most
pollutant loads are usually washed away during the first flush of the storm occurring after
the dry-season period. Less than significant impacts are anticipated in this regard.
Place housing within a 100-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
The proposed Project site is outside the 100-year flood hazard area as mapped on ~ ~Mf--9
Federal Flood Hazard Boundary or Flood Insurance Rate Map. No impacts ar'è ~
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anticipated in this regard.
Place within a 100-year flood hazard area structures which would impede or redirect
flood flows?
Refer to response, above.
Expose people or structures to a significant 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 miles northeast of Bakersfield, has a
capacity of 570,000 acre-feet of water. If an earthquake were to occur in the vicinity, it
could result in a break in the dam. This could, under certain conditions, cause the entire
lake storage to be released, which would flood 60 square miles of the Metropolitan
Bakersfield area.
As a result of the possible dangers associated with Isabella Dam, on May 1, 1985, the
City of Bakersfield entered the Regular Phase of the National Flood Insurance Program
(NFIP) as administered by the Federal Emergency Management Agency (FEMA).
Compliance with the NFIP and FEMA would result in less than significant impacts.
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 PLAN~ING. Would the project:
Physically divide an established community?
The proposed Project would not divide the physical arrangement of a community. The
surrounding vicinity consists mostly of vacant land or agricultural land. The nearest
community is residential development located to the northeast of the Project site.
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 Bakersfield 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-important mineral resource recovery site
delineated on a local general plan, specific plan or other land 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
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expose people residing or working in the project area to excessive noise levels?
The proposed Project site is not located within an airport land use plan or within two
miles of a public airport or public use airport. Therefore, Project implementation would
not expose people residing or working in the Project area to excessive noise levels.
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?
The proposed Project site is not located within the vicinity of a private airstrip. Therefore
Project implementation would not expose people residing or working in the Project area
to excessive noise levels.
POPULATION AND HOUSING. Would the project:
Displace substantial numbers of existing housing, necessitating the construction of
replacement housing elsewhere?
The proposed Project would not involve the displacement of housing. Currently, the site
is used for agriculture. The proposed Project would result in future development of
housing and residential units. No impacts in this regard would occur.
Displace substantial numbers of people, necessitating the construction of replacement
housing elsewhere?
Refer to response, above.
PUBLIC 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 could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or
other performance objectives for any of the public services:
Fire protection?
The increase of homes and commercial uses in the Project area may be expected to
place increased demands upon fire services. Section 5-10 of this EIR reviews
emergency services and recommends any mitigation, as determined necessary, to
further reduce potential impacts on fire services.
Police protection?
The City of Bakersfield Police Department provides law enforcement and public safety
services for the entire City. As with fire services, the potential increase of homes in the
area may be expected to place increased demands upon police services. The EIR will
review police services and will recommend applicable mitigation measures.
Schools?
Development of the proposed Project would directly impact school facilities in the Project {(¡I<¡¡¡;:-
area. The proposed Project would be required to contribute to impacted school districts ~ "1æ
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certain development impact fees in accordance with Section 65995 of the Government
Code for the proposed residential uses. Following compliance with existing regulation,
no significant impacts on schools are anticipated from Project development. The EIR
reviews impacts on school facilities in Section 5-10.
Parks?
Future development of the Project site will create a demand for new parks and
recreational facilities. Residential projects within the City of Bakersfield are required to
provide 2.5 acres of new parks for every 1,000 projected additional persons according to
the Metropolitan Bakersfield 2010 General Plan. At the discretion of the City, the
Applicant would be required to dedicate land, pay applicable fees in accordance with the
parks standard, or provide a combination of parkland dedication and payment of fees.
The EIR reviews impacts and requirements for fees andlor parks and recreation
dedication for the future development.
Other public facilities?
Because of 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
RECREATION.
Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would
occur or be accelerated?
Refer to Response under "Public Services" above.
Does the project include recreational facilities or require the construction or expansion of
recreational facilities which might have an adverse physical effect on the environment?
Refer to Response under "Public Services", above.
TRANSPORTATION/TRAFFIC. 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 substantial safety risks?
The proposed Project would not affect air traffic patterns and would not result in safety
risks to air traffic.
Result in inadequate emergency access?
The Project would be subject to design review by the fire and police departments to
ensure that adequate emergency access is provided. The City's standard review
procedures prior to issuance of grading permits would reduce impacts to a less than
significant level.
Result in inadequate parking capacity?
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Proposed development must meet City parking standards. No significant parking
impacts specific to this Project have been identified.
Conflict with adopted policies, plans, or programs supporting alternative transportation
(e.g., bus turnouts, bicycle racks)?
The proposed Project would not conflict with adopted policies, plans, or programs
supporting alternative transportation.
UTILITIES AND SERVICE SYSTEMS. Would the project:
Be served by a 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 PI.ANNING
Land Use Compatibility On-site
5.1-1 Implementation of the proposed Project would result in the phased elimination of
agricultural operations as planned land uses are developed, thus resulting in
potential land use conflicts between urban uses and ongoing agricultural
activities. As discussed in Section 5.2, AGRICUL TURE, compliance with local,
State and Federal policies and standards would reduce impacts to less than
significant levels.
Facts Supportina Findina
The phasing of the Project construction allows agricultural activities to continue on-site.
In order for agricultural operations to continue while phases of the Project site are
gradually developed, adequate buffers and setbacks need to be established. Pursuant to
Section 17.08.150 (A) of the Bakersfield Municipal Code, residential structures shall be
set back a minimum of 50 feet from all agricultural zones. As described in Section 5.2,
AGRICULTURE, adherence to the Bakersfield Municipal Code would reduce 'ò~I(",
compatibility impacts on less than significant levels with the development of physical cJ '1<1'
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Relevant Planning Policies
Consistencv with General Plan Policies
5.1-3 The proposed Project would require an amendment to the Metropolitan
Bakersfield General Plan and a concurrent change to the City of Bakersfield
Municipal Code zoning designation. This would result in a change of
approximately 300 acres into residential, commercial, and light industrial uses.
The Project has been reviewed for consistency with goals and policies as set
forth in the Metropolitan Bakersfield General Plan. Analysis has concluded that
impacts are less than significant and no mitigation is required.
Facts Supportina Findina
Overall, Project implementation would not conflict with the land use plan, goals, and
strategies of the Metropolitan Bakersfield General Plan. Page 11-2 of the General Plan
states that new development on the periphery of urban Bakersfield is to be focused in
five new mixed-use activity centers located in the southwest, northwest, and northeast. It
is expected that the southwestern center would include a mix of professional office and
retail uses with moderate-density residential, and would filter outwards to lower
suburban-type densities. The General Plan identifies a new mixed-use center north of
the Project area. The General Plan states that actual land use designations for the
southwestern center and the areas around it are to be determined through a more
detailed land use and environmental analysis. An in-depth analysis of the southwestern
center is warranted because of its growth potential and its related impacts, including
impacts on prime agricultural lands. This Program EIR meets the intent of this General
Plan recommendation for the southwestern area.
The analysis contained in Appendix 15.9 concludes that there are no significant
consistency impacts of the proposed Project associated with the Metropolitan
Bakersfield General Plan goals and policies. It should be noted that the Project's
consistency with the SJVAPCD AQAP is addressed in Section 5.7, AIR QUALITY, and
farmland conversion impacts are addressed in Section 5.2, AGRICULTURE.
Consistencv with LAFCo Policies
5.1-4 Implementation of the proposed Project would require annexation of the total
Project site into the City of Bakersfield (300 acres) thus requiring a project
consistency analysis regarding policies enforced by the Kern County Local
Agency Formation Commission. 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 Supportina Findinas
In that the proposed Project seeks to annex the site from the County of Kern and modify
the Metropolitan Bakersfield General Plan through an amendment to the Metropolitan
Bakersfield General Plan land use designation, Circulation Element, and Municipal
zoning designation, particular focus is given to the goals and policies of the Kern County
LAFCo (refer to Appendix 15.9, GOALS AND POLICY ANALYSIS). The analysis
contained in Appendix 15.9 concludes that there are no significant consistency impacts
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of the proposed Project associated with relevant Kern County LAFCo goals and policies.
No additional mitigation would be required.
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 for providing services within
the annexation area and demonstrate that services can be provided within a timely and
financially feasible manner. The effects of the proposed Project upon the City of
Bakersfield public services are described in Section 5.10, PUBLIC SERVICES AND
UTILITIES.
Consistencv with the Circulation Element
5.1-5 Implementation of the proposed Project would include an amendment to the
City's Circulation Element to eliminate Progress Road between Panama Lane
and McCutchen Road as a collector roadway. This is considered a less than
significant impact because the proposed Project includes mitigation measures to
ensure that the roadway achieves the City's Circulation Element goals and
policies for an arterial roadway.
Facts Supportinq Findinq
Progress Road borders the western edge of the proposed Project and, upon Project
implementation, annexation of the entire width of the road adjacent to the site will occur.
Progress Road has already been eliminated as a collector roadway north of Panama
Lane, in the midst of substantial commercial, industrial and residential development, so
its reservation as a collector roadway south of Panama Lane would not provide for
meaningful connectivity to the north of the project. Ingress and egress off of Panama
Lane to Progress Road would also be better served by the elimination of Progress Road
as a collector roadway. Only right turns into Progress Road off of Panama Lane and
right turns onto Panama Lane from Progress Road would be provided for with a local
roadway.
The elimination of Progress Road as a collector roadway and its reclassification to a
local street would not necessarily mean its entire elimination of use as a full 2-lane
roadway in the future. The Circulation Element does not designate local streets and
reserve their rights-of-way for future expansion. The project applicant is entirely willing
to accept as a condition of approval to provide the full 2-lane roadway ROW required for
a local street in order to provide for adequate circulation in the future. This would serve
to mitigate future traffic impacts along Progress Road for existing and future users. The
City would be responsible for all improvements, maintenance, and service to this street.
All City goals and policies would be achieved with Project implementation. No additional
mitigation measures would be required (refer to Section 5.5, TRAFFIC AND
CIRCULATION).
Consistency with Regional Plans
5.1-6 Implementation of the proposed Project will be consistent with area-wide
environmental plans. Analysis has concluded that less than significant impacts
would occur in this regard.
Facts Supportinq Findinqs
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The proposed Project was reviewed and determined to be consistent with the following
regional plans: Metropolitan Bakersfield Habitat Conservation Plan, Air Quality
Attainment Plan, Bikeways Plan, Emergency Response Plan, Regional Transportation
Plan, County of Kern Solid Waste Management Plan, and the County of Kern Hazardous
Waste Management Plan.
Air Quality Attainment Plan
As the Project proposes to amend the Metropolitan Bakersfield General Plan land use
designation to allow industrial, commercial, and residential uses as opposed to
agricultural uses (the current land use designation and zoning designation), the AQAP
anticipated growth of the population and economy within the Basin. The AQAP predicted
the workforce in Kern County to increase along with a 2.2 percent population increase to
the year 2030. Thus the proposed Project can be viewed as a continued growth element
anticipated by the AQAP (refer to Section 5.7, AIR QUALITY, for further discussion).
Bikeways Plan
The proposed Project would not affect the City's Bikeways 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 5.5, TRAFFIC AND CIRCULATION, for
further information.
Solid Waste Management Plan
Solid waste disposal shall be in accordance with the County's Solid Waste Management
Plan. Refer to Section 5.10. 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 on endangered species within the Metropolitan Bakersfield 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 5.8, 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 cleaning. 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 policies in the Hazardous Waste Management
Plan (refer to Section 5.3, PUBLIC HEALTH AND SAFETY).
Cumulative Impacts
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5.1-7 The proposed Project, combined with other future development, may increase
the intensity of land uses in the area. Significance: 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 Metropolitan Bakersfield
General Plan and on a project-by-project basis.
Facts Supportinq Findinqs
The anticipated Project impacts in conjunction with cumulative development in the site
vicinity would increase urbanization and result in the loss of open space and agricultural
lands in the local vicinity (refer to Section 5.2, AGRICULTURE, for a discussion on
cumulative agricultural loss). Potential land use impacts are site-specific, and require
evaluation on a case-by-case basis. This is true with regard to land use compatibility
impacts, which are generally a function of the relationship between the interactive effects
of a specific development site and those of its immediate environment. In that
development within the southwestern 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.
AGRICULTURE
5.2-3 As phases of the proposed Project are developed, future residents may be
impacted by adjacent farming activities, which may include noise associated with
harvesting, blowing dust and pesticide applications. Compliance with local, State,
and Federal policies and standards, as discussed below, would reduce impacts
to less than significant levels.
Facts Supportinq Findinq
Development phasing, which accommodates the market demands as well as the existing
crop cultivation and harvest scheduling, would allow the continued use of prime
agricultural land on the Project site until buildout of the Project site occurs. However,
conflicts may arise from the infringement of the new residential uses adjacent to ongoing
agricultural activities. Such impacts can extend up to one-half mile. thereby affecting off-
site farming operations. Existing restrictions and limitations placed on the grower, such
as noise attenuation standards, air pollution control measures, and pesticide/fertilizer
application practices, would minimize the level of significance of impacts. Similarly, the
construction of residential subdivision is also regulated by local and State development
standards, which include buffer and setbacks from adjacent agricultural operations
pursuant to adopted policies set forth by the City of Bakersfield. (Section 17.08.150 (a)
of the Bakersfield Municipal Code requires that residential structures be set back a
minimum of 50 feet from agricultural zones.) Other standards include traffic, noise, and
air quality mitigation to lessen the impact on the existing land uses (for further discussion
refer to Sections 5.5, TRAFFIC AND CIRCULATION, 5.6, NOISE, and 5.7 AIR
QUALITY).
PUBLIC HEALTH AND SAFETY
Short·term Construction
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hazard to the public through foreseeable upset accidental conditions. Less
than significant impact.
Facts Supportinq Findinq
Project construction activities are not anticipated to result in a significant release of
hazardous materials into the environment. However, during Project construction, there is
a possibility of accidental release of hazardous substances, such as spilling petroleum-
based fuels used for construction equipment. The level of risk associated with the
accidental release of hazardous substances is not considered significant because of the
small volume and low concentration of hazardous materials utilized during the
construction phases. The project contractor would be required to use standard
construction controls and safety procedures that would avoid and minimize the potential
for accidental release of such substances into the environment. Standard construction
practices would be observed such that any materials released would be appropriately
contained and remediated as required by local, State, and Federal law.
Hazardous Materials UserslFacilities
5.3-5 A potential rupture of the PG&E underground gas transmission pipelines (in the
southwestern and northern portions of the Project area) could adversely affect
the public health in the residential areas, once they are developed. Compliance
with State and applicable local regulations pertaining to setbacks would reduce
potential impacts to less than significant levels.
Facts Supportinq Findinq
The PG&E pipelines are under high pressure and 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-of-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 located over pipelines. Compliance with State and applicable local regulations would
reduce potential impacts on health and safety related to this pipeline to less than
significant levels.
Long-Term Maintenance and Operation
5.3-8 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 Supportinq FindinQ
The Kern County and Incorporated Cities Hazardous Waste Management Plan (HWMP) 'òr>-K~1
lists goals and policies regarding the transport of hazardous wastes. The HWMR3< 'S
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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 for
hazardous waste, especially extremely hazardous waste, in and throughout Kern
County. The HWMP seeks to establish State and Federally 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 withifl a newly developing residential area surrounded by agricultural,
institutional, and open space uses, Project implementation would not promote the
transport of hazardous materials within the Project area.
5.3-9 Project implementation would not create a significant hazard to the public or the
environment through the long-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 Supportinq Findinq
Because of the scope and nature of the proposed Project, the level of risk associated
with long-term use of hazardous materials on the Project site is considered a less than
significant impact. On-site use of hazardous materials may include cleaning solvents,
fertilizers, pesticides, and other materials used in the regular maintenance of residential
and commercial structures. With proper use and disposal, these chemicals are not
expected to result in hazardous or unhealthful conditions for nearby residents or
maintenance workers. A less than significant impact would occur in this regard after
compliance with State and applicable local regulations.
AESTHETICSILlGHT AND GLARE
Long-Term Aesthetic Impacts
5.4-2 Project implementation would permanently alter views of and across the Project
site. Analysis has concluded that impacts are less than significant.
Facts Supportinq Findinq
Project implementation would permanently alter the nature and appearance of the
Project site from active farmland to mixed-use commercial and residential development.
On-site structures and parking areas would be visible from surrounding uses. This
alteration of appearance is permanent and would continue through the life of the Project.
Views of the agricultural fields that comprise the Project site, are currently available to
motorists and pedestrians along Panama Lane and Gosford Road and to residents
northeast of the Project site. Views of these areas are currently unobstructed, so, the
change in visual character from open space to developed conditions with amenities
would be a distinct visual alteration of the Project site.
The Project proposes development adjacent to an existing residential community
(northeast of the Project site). Because the proposed Project's use is primarily
residential and the proposed densities are similar to those of the existing developments
located northeast of the Project site, significant impacts regarding the overall visual
quality and sensitivity of the Project area would be minimized. The proposed uses would ~1\Kt':
be similar in character and density as surrounding off-site uses and can be considered r!i 'Ýú>
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NOISE
Cumulative Impacts
5.6-6 With cumulative projects, the proposed Project would increase the ambient noise
levels in the Project vicinity. Analysis has concluded that cumulative noise
impacts would be less than significant.
Facts Supportinq Findinq
Short-term (construction) noise is a localized activity and would only affect land uses that
are immediately adjacent to the Project Area. Contractors at the job sites would be
required to adhere to the City's Noise Ordinance requirements. Thus, the cumulative
construction noise impacts would be less than significant.
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.
Facts Supporting Finding
Vulcan Materials Comp2ny and Ridgeline Oil & Asphalt are located adjacent to the
northwest of the Project site; Structure Cast and Golden Empire Concrete are located to the
southeast of the Project site; and Bakersfield City Wastewater Plant #3 is located at the
southwestern corner of McCutchen Road and Ashe Road, less than a mi Ie southeast of the
proposed Project. Odorous compounds may be emitted from the nearby industrial facilities
and sewage treatment plant. Based on the results of Table 5.7-13, odor concentrations
from the nearby sewage plant will not exceed the SJVAPCD thresholds resulting in a
less than significant impact.
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
A Level 1 screening analysis of the visibility impacts was conducted using the default
VISCREEN settings (refer to Table 5.7-19, LEVEL 1 VISIBILITY SCREENING
RESULTS). In accordance with EPA VISCREEN guidance, primary N02 was assumed
to be zero, while PM,o emissions from diesel combustion sources were assumed to be
particulate. The emission rates used in the VISCREEN model are based on the total
operational emissions from the Project (i.e. area source emissions). The mobile source
operational emissions will not occur on-site and therefore cannot contribute to a visible
plume originating from the site. Since the on-site sources will be spread out and will not
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contribute to a single plume, like the one being considered in the model, the analysis is
considered conservative.
Air Quality Conformity Analysis
5.7-5 The Project would be consistent with the Air Quality Attainment Plan (AQAP)
criteria. Less than significant impact.
Facts Supportina Findina
The AQAP recognized growth of the population and economy within the Basin. The plan
predicted the workforce in Kern County to increase along with a 2.2 percent population
increase annually from 2002 to 2030 (i.e. 62% total increase uncompounded for 28
years). The conformity analysis shows that the Project and its development and
employment can be viewed as growth within the plan. Thus, the Project can be viewed
as a continued growth element that was anticipated by the plan. Therefore, when
considered with all projects currently in the Kern County General Plan of and the
Metropolitan Bakersfield General Plan, the proposed Project is considered less than
significant.
BIOLOGICAL RESOURCES
Special Status Plants
5.8-2 Project construction would permanently impact a total of approximately 300-
acres, however due to the existing agricultural use of the site, 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 Supportina Findina
The Biota Report concludes no suitable habitat exists on the site for special listed plant
species. The intense and frequent sequential cultivation and maintenance of the
agricultural land are not typical habitat for regional protected plant species and plant
species of concern. No plant species of concern were identified on site or any expected
to occur on the Project site due to the existing uses.
CULTURAL RESOURCES
Cumulative Impacts
5.9-2 Cumulative development may adversely affect cultural resources. Resources are
evaluated and mitigated on a project-by-project basis. Less than significant.
Facts Supportina Findina
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
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.
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PUBLIC SERVICES AND UTILITIES
Sewer Services
5.10-6 Implementation of the proposed Project would not result in the increase in
demand or expansion of sewer services. Less than significant impact.
Facts Supportinq Findinq
The proposed Project would not result in any demands for sewer services. There is an
existing 42" sewer trunk line which runs north-south along the eastern boundary of the
Project site and would serve the Project site. The applicant is required to pay fees for
residential structures and commercial/industrial structures. Less than significant impacts
are anticipated in this regard.
Electrical Services
5.10-8 Implementation of the proposed Project would require temporary use of electricity
during construction and long-term electric consumption. Electricity use would not
result in excessive power consumption that would result in significant impacts on
existing facilities. Less than significant impacts are anticipated in this regard.
Facts Supportinq Findinq
The Project site is currently being served from the Stockdale Substation, which is
located at the southeastern corner of White Lane and Wilson Road. Electricity
distribution facilities are present along Panama Lane, Gosford Road, and McCutchen
Road. PG&E maintains a 70 kilovolt (Kv) transmission line which runs north to south
halfway west of Gosford Road and east of Progress Road.
According to PG&E, the Project site is anticipated to have an approximate load of 20Mw.
Additionally, PG&E indicated that the existing facilities do not have the capacity to supply
the proposed Project at build-out. Therefore, without upgrades to existing facilities,
implementation of the proposed Project may result in excessive demands in electrical
services. Therefore, the construction of additional facilities and/or upgrades would be
necessary.
PG&E has plans to increase the capacity for the existing distribution line along Panama
Lane in the summer of 2005. The distribution line along Gosford Road will be increased
as development occurs south of Panama Lane. PG&E also has a substation planned in
the vicinity of McCutchen Road and the 70Kv line. This new substation is projected to
be built as southwestern Bakersfield develops.
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. The Project contractor shall coordinate
with PG&E staff prior to construction for potential issues that may occur. Less than
significant impacts are anticipated in this regard.
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5.10-9 Implementation of the proposed Project would not result in increased demand for
natural gas services. Less than significant impacts are anticipated in this regard.
Facts Supportinq Findinq
Due to the growth in the southwestern portion of Bakersfield, PG&E has identified gas
distribution upgrades ne(;essary to serve anticipated development demand including the
Project site. Due to the development of the property to the west of the Project site,
PG&E is currently designing an upgrade of the existing 34-inch gas line which traverses
the Project site from northwest to southeast. This upgrade will include the replacement
of about 660 feet within the Project site and is scheduled for the summer of 2005.
Additionally, PG&E indicated that the proposed annexation would result in a population
increase which would require the replacement of the remainder of the gas line within the
Project site. The Project contractor shall coordinate with PG&E staff early 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. Compliance with State and
applicable local regulations would reduce potential impacts health and safety related to
this pipeline to less than significant levels.
VII. FINDINGS REGARDING EFFECTS DETERMINED TO BE MITIGATED TO LESS
THAN SIGNFICANT LEVELS
The City of Bakersfield, having reviewed and considered the information contained in the Final
EIR, Technical Appendices and the administrative record. finds. pursuant to California Public
Resources Code 21081 (a)(1) and CEQA Guidelines 15091 (a)(1), that changes or alterations
have been required in, or incorporated 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, Aesthetics/Light and 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 Final EIR.
LAND USE AND RELEVANT PLANNING
Land Use Compatibility Off-site
5.1-2 Implementation of the proposed Project may result in land use compatibility
impacts on surrounding uses. Impacts are reduced to less than significant levels
with implementation of required mitigation for noise, traffic, and air quality; refer
to appropriate sections of this E/R.
Facts Supportinq Findinq
Although the proposed Project would ultimately replace approximately 300 acres of
active agricultural land with developed uses, the proposed land use concept is
considered compatible in density and character with the existing residential and
industrial areas to the north and south. Compatibility impacts would be mitigated with
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applicable design standards pursuant to requirements set forth by the City of
Bakersfield. Therefore, off-site land use impacts on neighboring residential areas are
less than significant, because of their consistency of uses with the surrounding area, and
with implementation of the recommended mitigation measures identified throughout this
EIR document.
Mitigation Measures 5.1-2a and 5.1-2b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.1-2a Refer to mitigation measures in Sections 5.4, AESTHETICS, LIGHT AND
GLARE; Section 5.5, TRAFFIC AND CIRCULATION; Section 5.6, NOISE; and
Section 5.7, AIR QUALITY.
5.1-2b Sellers shall provide to buyers an area map disclosing existing uses on all nearby
parcels as part c.f the sales contract process. Buyers shall also be provided
copies of any and all conditional use permits issued for adjoining properties, or
other land use entitlements, or site development standards for M-3 Heavy
Industrial District-zoned property as provided for in the County Zoning Ordinance.
Buyers are to sign for these disclosures indicating they have read the disclosures
and received a copy of same. The disclosures shall describe the presence of
existing industrial uses and their associated activities, including hours of
operation as well as all mitigation requirements and conditions of approval
imposed on industrial users by the existing conditional use permits, or other land
use entitlements, or County Zoning Ordinance.
PUBLIC HEALTH AND SAFETY
Short-Term Construction
5.3-1 Project 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 with the proposed Project. Mitigation that reduces the presence of
hazardous materials or wastes would reduce this impact to a less than significant
level.
Facts Supportinq Findinq
Based on the site inspection, areas of environmental concern with respect to hazardous
materials and wastes were identified that would compromise Project construction or
acquisition of construction easements. Implementation of mitigation measures would
reduce these impacts to less than significant.
Mitigation Measures 5.3-1a and 5.3-2 of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
Stained Soils
5.3-1a Soil characterization and sampling of the stained soil within the Project site shall
be conducted as needed to determine the presence or absence of hazardous materials
prior to grading activities. If concentrations of materials are detected above regulatory <t. 'Q~Kf1
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cleanup levels during demolition or construction activities, the following mitigation
measure shall include:
· Excavation and disposal at a permitted, off-site facility;
· On-site treatment; or
· Other measures as appropriate.
Prior to issuance of building permits, all oil-contaminated soils shall be remediated to the
satisfaction of the Local Unified Program Agency (the Office of Environmental Services
of the Bakersfield City Fire Department) in conjunction with the State Regional Water
Quality Control Board and/or the California Department of Toxic Substances Control.
Water Wells
5.3-1b The agricultural water wells shall be properly removed and abandoned pursuant
to the latest procedures required by the local agency with closure responsibilities
for the wells. Any associated equipment (i.e., generators and pumping materials)
shall be removed off-site and properly disposed of at a permitted landfill. A visual
inspection of the areas beneath the removed materials (if present) shall be
performed.
Waste Oil and Oil Filters
5.3-1 c The waste oil, oil filters, and buckets shall be removed off-site and properly
disposed of at an approved landfill facility. Then the areas beneath and around
the removed materials shall be visually inspected. Any stained soils observed
underneath the materials shall be sampled and analyzed. If analysis detects
concentrations of materials above regulatory cleanup levels, the mitigation
measure shall include:
· Excavation and disposal at a permitted, off-site facility;
· On-site treatment; or
· Other measures as appropriate.
Aboveoround Storaoe Tanks
5.3-1d The aboveground storage tanks (ATSs) shall be removed and properly disposed
of at an approved landfill facility then the areas beneath and around the removed
ASTs shall be visually inspected. Any stained soils observed underneath the
ASTs shall be sampled. If concentrations of materials are detected above
regulatory cleanup levels during sampling activities, the mitigation measure shall
include:
· Excavation and disposal at a permitted, off-site facility;
· On-site treatment; or
· Other measures as appropriate.
Transformers
5.3-1e Any removal or relocation of transformers shall be conducted under the purview
of the local utility purveyor to identify proper handling procedures regarding
potential polychlorinated biphenyls (PCBs).
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Agricultural Use of PropertylAdjacent Properties
5.3-3 Because of the historic use of the site for agricultural purposes, there is a
potential for pesticide residues (including DOT) to be present in the shallow soil
within the Project site. A potentially significant health hazard may occur that can
be reduced to a less than significant level with implementation of mitigation
measures.
Facts Supportinq Findinq
Potential health impacts associated with individuals being exposed to pesticide residues,
if at all, may occur primarily during grading and construction of the proposed Project site.
The potential threat to public health can be reduced to less than significant levels by
conducting soil-sampling activities prior to the site development to determine areas that
have high levels of pesticide residues. Should the presence of pesticide residues be
identified, on-site contamination can be successfully remediated prior to Project site
development using available technologies. Implementation of the recommended
mitigation measure would reduce potential impacts in this regard to a less than
significant level.
Mitigation Measures 5.3-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-3 Prior to issuance of any grading permit, the Project applicant shall perform soil
tests to determine concentrations of pesticide and fungicide residues that may be
present within the Project site. Should contamination levels be in excess of
acceptable Federal, State, andlor County levels, the Project Applicant shall
identify and implement remedial action, (subject to approval by the City of
Bakersfield and responsible regulatory agencies), to reduce contaminants to
acceptable levels.
Asbestos Containing Materials
5.3·6 Some of the building located on-site could contain asbestos. Implementation of
mitigation measures would reduce impacts to a less than significant level.
Facts Supportinq Findinq
Given the age of some of the buildings on the Project site. it is likely that some of them
could contain asbestos. Prior to demolition activities, an asbestos survey would be
required. If asbestos-containing materials are found, abatement of asbestos is required
before any demolition activities that would disturb asbestos-containing material or create
airborne asbestos hazard. Asbestos removal would be performed in accordance with
San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8021 in order to
restrict potential impacts to a less than significant level.
Mitigation Measures 5.3-6 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-6
Prior to demolition activities, an asbestos survey shall be required to determine
the presence or absence of asbestos-containing materials. The results of the
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survey shall be submitted to the City of Bakersfield. If asbestos-containing
materials are found, abatement of asbestos shall be required before any
demolition activity that would disturb asbestos-containing materials or create an
airborne asbestos hazard is permitted. Asbestos removal shall be performed by
a State-certified asbestos containment contractor in accordance with San
Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8021, which
requires:
· A survey of the facility prior to issuance of a permit by SJVAPCD;
· Notification of the SJVAPCD prior to construction activity;
· Removal of asbestos in accordance with prescribed procedures;
· Placement of collected asbestos in leak-tight containers or wrapping; and
· Proper disposal of the asbestos.
Lead-Based Paint
5.3-7 The buildings located on-site that were built prior to 1978 could contain lead-
based paint, resulting in potential health hazards to building occupants.
Implementation of mitigation measures would reduce these impacts to a less
than significant level.
Facts Supportinq Findinq
Lead-based paint would likely be found in several existing buildings constructed prior to
1978. Before demolition activities, a lead-based paint survey would be required. If lead-
based paint is found, mitigation measures would be required before any demolition
activities that would create lead dust or fume hazard, in order to limit impacts to a less
than significant level. Lead-based paint removal would be performed in accordance with
California Code of Regulation Title 8, Section 1532.1, which provides for exposure limits,
exposure monitoring, and respiratory protection, and mandates good working practices
by workers exposed to lead.
Mitigation Measures 5.3-6 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-7 Prior to demolition activities, a survey shall be conducted to determine the
presence or absence of lead-based paint. The results of the survey shall be
submitted to the City of Bakersfield. If lead-based paint is found, abatement shall
be required before any demolition activities occur that would create a lead dust or
fume hazard. Lead-based paint removal shall be performed in accordance with
California Code of Regulation Title 8, Section 1532.1, which specifies exposure
limits, exposure monitoring, and respiratory protection, and mandates good
working practices by workers exposed to lead. The contractor performing lead-
based paint removal shall provide evidence of certified training for lead-related
construction work.
Valley Fever
5.3-10 Grading within the boundary of the Project may lead to the release of fugitive
dust and spores causing Valley Fever. Mitigation that reduces fugitive
emissions would reduce impacts to a less than significant level.
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Facts Supportinq Findinq
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. 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 5.7, AIR
QUALITY). The long-term covering of portions of the Project alignment with landscaping
material and/or with impervious roadway surfaces would reduce the long-term potential
release of Valley Fever spores to a less than significant level.
Mitigation Measures 5.3-10a and 5.2-10b of the Final EIR reduces impacts below a level
of significance. The measures are as follows:
5.3-10a Refer to Section 5.7, AIR QUALITY, regarding fugitive dust mitigation measures.
5.3-10b Pursuant to SJVAPCD Regulation VIII-Fugitive PM10 Prohibitions, 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.
Cumulative Impacts
5.3-11 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 level.
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.
AESTHETICS/LIGHT AND GLARE
Short-Term (Construction) Aesthetic Impacts
5.4-1 Grading and construction of individual phases would temporarily alter the visual
appearance of the Project area. Impacts are considered to be short-term would
cease upon completion of construction activities; and would be reduced to less
than significant levels with implementation of the recommended mitigation
measure.
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 'òMf.
metal storage containers in conjunction with construction activities would be subject to é; 1<1'
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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-term and would cease upon Project completion. With the
implementation of the recommended mitigation pertaining to location of screening area
and with compliance with Municipal Code requirements, short-term impacts would be
reduced 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 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 and material, when feasible. Staging locations shall be
indicated on final plans and grading plans are subject to review and approval of
the City Planning Department. Additionally, all construction activities would be
required to be consistent with the Municipal Code requirements and conditions of
approval.
Light and Glare Impacts
5.4-3 The Project would generate additional light and glare beyond existing conditions
from street lighting and vehicular traffic. Compliance with City codes and
recommended mitigation would reduce potential impacts to less than significant
levels.
Facts Supportina Findina
Light sources from the on-site residential and commercial developments may have a on
the surrounding areas. Additionally, on-site light sources may create light spillover and
glare impacts on surrounding land uses in the absence of mitigation. Street light
illumination from the residential areas would be comparable to that in the existing
residential development northeast of the proposed Project site. The lighting within the
proposed Project site would be in compliance with City standards. Title 17.58.060 of the
Bakersfield Municipal Code indicates that lighting of parking lots be designed and
reflected away from future on-site and existing adjacent residential properties and
streets. City building officials may also require the use of light shields to prevent
unwanted light on future on-site and existing adjacent residential properties.
Mitigation Measure 5.4-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.4-3 Refer to Mitigation Measure 5.1-2b.
TRAFFIC AND CIRCULATION
Short-term Construction Impacts
5.5-1
Project-related construction 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 'òþ.,K~
would cease upon Project completion. Implementation of recommended c:J 1c.r
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mitigation measures would reduce impacts to less than significant levels.
Facts Supportinq Findinq
Anticipated construction-related 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 closures,
provisions to maintain access to adjacent residential properties at all times, prior notices,
adequate sign-postings, detours, provisions for pedestrian, bicycle transportation, and
permitted hours of construction activity. Proper detours and warning signs would be
established along the Project perimeter to ensure public safety. The TMP shall be
devised so that construction would not interfere with emergency response or evacuation
plans. With implementation of the TMP and recommended mitigation, less than
significant impacts are anticipated in this regard.
Mitigation Measures 5.5-1a and 5.5-1b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.5-1a Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be
submitted for re"¡ew 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. Adequate access to and
from adjacent residential areas shall be provided at all times. 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.
5.5-1 b 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.
Project Trip Generation
5.5-2 Project implementation 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 Findino
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 5.5-2a of the Final EIR reduces impacts below a level of significance. <ç,M
The measure is as follows: ð (1c.r
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5.5-2a Refer to Mitigation Measures 5.5-3a and 5.3b, below.
Cumulative Traffic (2024 Conditions)
5.5-3 Implementation of the proposed Project, combined with cumulative project
development, may cause a significant increase in traffic when compared to the
traffic capacity of rhe street system and may exceed an established LOS
standard. Less Than Significant With Mitigation.
Facts Supportina Findina
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 Measure 5.5-3a and 5.5-3b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.5-3a 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 fee rate.
5.5-3b For impacted intersections subject to fair-share improvements (refer to Tables
5.5-11 and 5.5-13), the Project Applicant shall participate in the improvements
required on a pro-rata fair-share basis, as indicated in Table 5.5-16, (Future
Intersection Improvements and Local Mitigation).
NOISE
Short-Term (Construction) Impacts
5.6-1 Grading and construction within the Project area would result in temporary noise
impacts on nearby noise sensitive receptors. Analysis has concluded that
temporary construction noise would result in a less than significant impact with
incorporation of mitigation measures.
Facts Supportina Findina
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. Interior
noise levels at existing dwelling units closest to the project area with direct line-of-sight
to on-site construction activity (i.e., those that would be exposed to intermittent
maximum noise levels of 90 dBA Lmax) would potentially reach 65 dBA Lmax, with windows
closed and up to 78 dBA Lmax, with windows open, at such times when the equipment is
at the property line. As indicated above, these noise levels will drop off at a rate of six
decibels per each doubling of distance (e.g., 100 feet, 200 feet, and 400 feet). Existing
residences farther away from the project and those blocked by other existing structures
would experience lower construction noise levels emanating from the project area. Per
the Bakersfield Municipal Code, construction would be limited to the hours of 6:00 AM to
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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 stockpilinglstaging of
construction vehicles) would serve to reduce the noise levels to sensitive receptors and
thus would result in a less than significant impact.
Mitigation Measures 5.6-1a through 5.6-1d of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.6-1 a 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 eqlJipment 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.
5.6-1 b 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.
5.6-1c 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.
5.6-1d The Project plans and specifications prior to approval by the City Planning
Department, shall stipulate that stockpiling and construction vehicle staging
areas shall be located as far away as practical from noise-sensitive receptors
during construction activities.
Off-Site Mobile Source Impacts
5.6-2 Project implementation would generate additional vehicular travel on the
surrounding roadway network, thereby resulting in permanent noise level
increases. Analysis has concluded that long-term noise impacts would be less
than significant for the analyzed adjacent roadway segments in the Year 2024
traffic scenario. Analysis has concluded that long-term vehicular- related noise
would not exceed the City's threshold of significance and would result in a less
than significant impact. The resultant increase in the ambient noise environment
is also considered less than significant with mitigation.
In accordance with the Traffic Study for a General Plan Amendment and Zone Change
at the Southwest Corner of Panama Lane and Gosford Road, prepared by Ruettgers
and Schuler, mobile source noise impacts on the surrounding street network were
modeled for "2024 No Project" and "2024 Plus Project". These two scenarios were
modeled to demonstrate the Project's net acoustical increase over future ambient (no
project) conditions. As previously discussed, the City's noise standards states that noise
impacts are considered significant when an increase of +3 dBA occurs in an area where
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noise levels are less than 65 dBA CNEL or if an increase of +1.5 dBA occurs in an area
where noise levels are greater than 65 dBA CNEL.
Since the "2024 No ProJect" noise level would be below 65 dBA CNEL, a noise level
increase of less than 3 dBA (i.e., 2 dBA) is considered a less than significant impact on
noise levels along this local roadway. Since the projected noise level increases along the
roadway segments analyzed would not exceed established thresholds, a less than
significant impact on existing off-site receptors would occur as a result of Project
implementation.
On-Site Mobile Source Impacts
5.6-3 Project implementation would generate additional vehicular travel on the roadway
network, 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 Environmental Noise Assessment, prepared by BBA (refer to
Appendix 15.6), the Year 2024 65 dBA CNEL contour would extend approximately 46 to
139 feet from the surrounding roadway centerlines. Some residential locations would be
exposed to traffic noise levels in excess of 65 dBA CNEL. The provision of a noise
barrier may be required to adhere to City of Bakersfield noise standards (refer to Figure
5.6-2, APPROXIMATE SOUNDWALL LOCATIONS FOR REDUCING NOISE FROM
VEHICULAR ACTIVITY). 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 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 Measures 5.6-3a of the Final EIR reduces impacts below a level of
significance. The measure is as follows:
5.6-3a A wall shall be constructed along the rear yards of residences adjacent to
Progress Road, Gosford Road, Panama Lane, and McCutchen Road. As a
condition of approval, a final acoustical analysis shall be conducted to the
satisfaction of the City Planning Department to confirm the required location and
height of sound walls when a site plan with sufficient detail is available (i.e., site
grading, pad heights, lot design, and setbacks).
Stationary Source Impacts
5.6-4
Implementation of the proposed Project would result in the generation of on-site
noise associated with future residential units as well as commercial and industrial
activities that include loading/unloading activities, mechanical equipment and
activities occurring in parking lots. Analysis has concluded that impacts would be
less than significant with the implementation of recommended mitigation
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measures.
Facts Supportinq Findinq
Noise typically associated with operation activities of commercial uses would be generated
by the followi ng sources:
· Trucks traveling on the site, to and from loading docks;
· Mechanical equipment (air conditioners, trash compactors, emergency
generators, etc.); and
· Typical parking lot activities (i.e., parking lot traffic).
Residential Areas
Future development of residential lots would create stationary noise typical of any new
residential development. Noise that is typical of residential areas includes such things
as children playing, pet noise, amplified music, car repair, pool/spa 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.
Mechanical Equipment
Mechanical equipment, such as heating, ventilation and air conditioning (HVAC) units
would be included as part of future residential units. Compliance with the Metropolitan
Bakersfield General Plan and Bakersfield Municipal Code would minimize noise impacts.
Noise levels from mechanical equipment would be further reduced with implementation
of mitigation requiring the orientation of equipment away from any sensitive receptors,
proper selection of equipment, and installation of equipment with proper acoustical
shielding. Implementation of the recommended mitigation measures and compliance
with the City of Bakersfield provisions would reduce impact to a less than significant
level.
Slow-Moving Trucks (Deliveries)
It is anticipated that truck deliveries would occur at the proposed commercial uses. The
maximum noise levels of slow-moving heavy and small trucks range between 73 and 70
dBA, respectively, at 50 feet. Thus, the Noise Ordinance standard of 55 dBA Lso would
be exceeded at residential uses located adjacent to the proposed commercial areas.
However, delivery truck traffic is not of sufficient volume to exceed community noise
standards that are based on a time averaged scale, such as the CNEL scale. In
addition, the Noise Ordinance requires that truck deliveries for commercial or industrial
land use types be limited to the hours of 7:00 AM to 10:00 PM (Section 9.22.030).
Therefore, compliance with the City's Noise Ordinance would reduce impacts from truck
deliveries to a less-than-significant level.
Loading Docks
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Noise sources at loading docks may include maneuvering and idling trucks, truck
refrigeration units, fork lifts, banging and clanging of equipment (i.e., hand carts and roll-
up doors), noise from public address systems and voices of truck drivers and
employees. The maximum noise level associated with loading docks is typically 73 dBA
at 75 feet. The Project area includes commercial uses that may require use of loading
docks. The Noise Ordinance requires that truck deliveries for commercial or industrial
land use types adjacent to residential properties be limited to the hours of 7:00 AM to
10:00 PM (Section 9.22.030). Therefore, compliance with the City's Noise Ordinance
and implementation of the development standards for the Project area would reduce
impacts from truck deliveries to a less than significant level.
Landscape Maintenance
Future development of the proposed uses within the Project area would introduce new
landscaping areas requiring periodic maintenance. Noise generated by gas lawnmowers
is estimated to be approximately 70 dBA at a distance of 5 feet from the source.
Therefore, at 50 feet, noise from a gas lawn mower would be 49 dBA and would meet
City noise standards even if - although unlikely - the lawnmower were operated near
the same sensitive receptor for a full hour. For each doubling of distance from a point
noise source (i.e. lawnmower), the sound level will decrease by 6 dBA. As the operation
of maintenance activities would only occur during daytime hours for brief periods of time,
a less than significant impact would result.
Mitigation Measures 5.6-4a and 5.6-4b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.6-4a Prior to building permit issuance, a site plan shall be submitted to the City
Planning Department, that illustrates that stationary noise sources, (including
loading dock facilities, rooftop equipment and trash compactors) have been
placed as far as practicable from residential uses.
5.6-4b Directional speakers shall be shielded andlor oriented away from off-site
residences to the satisfaction of the City Planning Department.
Existing Industrial Impacts (Off-Site)
5.6-5 The current noise sources within the Project area are primarily from existing
operation of industrial plants located adjacent to the proposed Project area.
Analysis has concluded that Impacts would be less than significant with the
implementation of recommended mitigation measures.
Facts SupportinQ Finding
As indicated above under Existing Conditions, the existing noise within the Project area
can be attributed to the industrial uses located north and south of the Project area. The
BBA report states that the Lso contour would extend 1,750 feet from the Vulcan Asphalt
and Batch Plant while the Lso contour from the Golden Empire Concrete Plant would
extend 1,400 feet into the proposed Project area. Residential development located in the
northern and southern portions of the Project area would be exposed to noise resulting
from both plants. There are several means to reduce noise levels such as the use of
soundwalls, upgraded window treatments and the implementation of centralized HVAC
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Mitigation Measures 5.6-5a through 5.6-5e of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.6-5a As a condition of approval, when a site plan with sufficient detail is available, a
final acoustical flnalysis shall be conducted to the satisfaction of the City
Planning Department to confirm that the acoustical barrier to attenuate noise
levels from the Vulcan Asphalt Batch Plant has the required height and
placement.
5.6-5b 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 the acoustical barrier to attenuate noise
levels from the Golden Empire Concrete Plant has the required height and
placement.
5.6-5c Centralized heating/ventilation/air conditioning units (HVAC) shall be installed in
second-floor bedrooms that have a direct line-of-sight to off-site industrial
activities. The HVAC units should be designed to supply two air changes per
hour for each habitable room, with a minimum of 15 cubic feet per minute of
outside air per occupant. The fresh air inlet duct shall be of sound-attenuating
construction and shall consist of ten feet of straight or curved duct plus one sharp
gO-degree bend. Additionally, these affected units shall include double-paned or
Sound Transmission Class (STC) rated windows.
5.6-5d Single-story homes shall be located along perimeter walls between residential
and nonresidential lIses. As a condition of approval, a final acoustical analysis
must be conduct~d to the satisfaction of the City Planning Department to confirm
whether additional sound attenuation is necessary.
5.6-5e Refer to Mitigation Measure 5.1-2b.
AIR QUALITY
Short-term (Construction) Emissions
5.7-1 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 less than significant level.
Facts Supportina Findina
Short-term impacts from the Project will result in fugitive particulate matter emissions
during construction. Grading, excavation, trenching, filling, and other construction
activities will result in increased dust emissions. SJVAPCD Regulation VIII specifies
control measures for outdoor sources of fugitive particulate matter emissions. Rule 8011
contains administrative requirements, Rule 8021 applies to construction activities and
Rule 8071 applies to vehicle and equipment parking, fueling, and service areas. The
SJVAPCD does not requil'e a permit for these activities, but does impose control
measures such as the application of water or a chemical dust suppressant.
Fugitive dust and equipment emissions associated with grading and construction is
expected to be short-term and would cease following Project completion. Based on the
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analysis, construction impacts can be mitigated to less than significant levels with the
implementation of control measures provided by the SJVAPCD.
Mitigation measures 5.7-1a and 5.7-1b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.7-1a 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
exhaust emissions associated with idling engines.
· Encourage ride-sharing and use of transit transportation for construction
employees commuting to the Project site.
· Use electric equipment for construction whenever possible in lieu of fossil
fuel-fired equipment.
· Curtail construction during periods of high ambient pollutant concentrations;
this may include ceasing construction activity during the peak hour of
vehicular traffic on adjacent roadways.
5.7-1b 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 PM1Q Prohibition. The following mitigation measures, in
addition to those required under Regulation VIII of the SJVAPCD, shall be
implemented to reduce fugitive dust emissions:
· Prior to issuance of a grading permit, the Applicant shall prepare and submit
a dust control plan, which consistent with SJVAPCD Regulation VIII, must be
reviewed and approved by the SJVAPCD before beginning grading activities.
The dust control measures selected shall be incorporated as a note on each
grading plan. A six-foot high dust fence shall surround the construction site
during primary grading activities.
· Dust in all disturbed areas, including storage piles, that are not being actively
utilized for construction purposes shall be effectively stabilized by applying
water; using a chemical stabilizer or suppressant; covering with a tarpaulin or
other suitable cover; or establishing a vegetative ground cover.
· 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.
· Fugitive dust emissions during all land clearing, grubbing, scraping, excavation,
land leveling, grading, cut-and-fill, and demolition activities shall be effectively
controlled by applying water or by presoaking.
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· When materials are transported off-site, all material shall be covered or
effectively wetted to limit visible dust emissions, and at least six inches of
freeboard space from the top of the container shall be maintained.
· All operations shall limit or expeditiously remove the accumulation of mud or
dirt from adjacent public streets at the end of each workday. (The use of dry
rotary brushes is expressly prohibited, except where preceded or accompanied
by sufficient wetting to limit the visible dust emissions. Use of blower devices is
expressly forbidden).
· After adding materials to, or removing materials from, the surface of outdoor
storage piles, fugitive dust from said piles shall be effectively stabilized by
applying sufficient water or chemical stabilizer or suppressant.
· Within urban areas, trackout shall be immediately removed whenever it extends
50 or more feet from the site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
· Asphalt-concrete paving shall comply with 5JV APCD Rule 4641 and restrict the
use of cutback, slow-cure, and emulsified asphalt paving materials.
· Cease grading activities during periods of high winds (greater than 20 miles per
hour (mph) over a one-hour period).
· Limit the speed of construction-related vehicles to 15 mph on all unpaved areas
at the construction site.
· Implement, carryout, and trackout mitigation measures, such as gravel pads,
in accordance with the requirements of the SJVAPCD Regulation VIII.
Long-Term (Operational) Impacts
5.7-3 The Project would result in an overall increase in the local and regional pollutant
load due to direct impacts from vehicle emissions and indirect impacts from
electricity and natural gas consumption. With implementation of recommended
mitigation, combined mobile and area source emissions would not exceed
SJVAPCD thresholds for NOx and ROG. A less than significant impact with
incorporation of mitigation measures.
Facts Supportina Findina
As a result or normal 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, landscape maintenance equipment and consumer products.
Mobile emissions would be generated by the motor vehicles traveling to and from the
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significance. The measures are as follows:
5.7-3a 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.
· Throughout the Project, incorporate sidewalks, with adequate safety signage
and appropriate lighting. Connect sidewalks to any open space or
recreational areas and to nearby transit loading areas and/or shelters.
· Provide pedestrian and bicycle facilities, including street trees to shade the
walkways and/or Bikeways, and adequate bicycle parking.
· Select deciduous trees and locate them on southern and/or western
exposures to shade structures in summer and allow sun in winter.
· Install electrical outlets and/or natural gas lines in backyards or patios to
encourage the use of electric landscaping equipment and natural gas
barbecues. No building permit can be issued without compliance with this
mitigation measure.
· At intersections and on street segments where traffic generated by the
proposed developments may impact the surrounding local roadway system,
improve streets and install traffic signals.
5.7-3b To achieve the emissions reductions as described above, mitigation programs
such as, but not limited to the following, shall be considered by the subdivider:
Public Works Improvement Proiects:
Project or projects approved by the City Public Works Department that will result in the
reduction of emissions as described above. The improvements for said project must be
completed and accepted by the Public Works Department prior to recordation of
individual development phases. The project(s) selected shall be one(s) not otherwise
funded or constructed with this proposed project. The subdivider is responsible for all
costs to determine the emission reductions associated with proposed Public Works
project(s). Documentation for public works improvement project(s) demonstrating
mitigation compliance shall be submitted to the Planning Director prior to recordation of
individual development phases. The types of public works improvement project(s) used
for the reduction in emissions may include but are not limited to the following types:
.
Construction of a new warranted signal.
Modification of an existing signalized intersection to add additional left turn storage or
dedicated right turn capability.
.
Other Projects:
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These are non-public works projects selected by the subdivider that shall result in the
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reduction of emissions as described above. The subdivider is responsible for all costs to
determine the emission reductions associated with the proposed project(s). Proof of
mitigation compliance shall be submitted to the Planning Director prior to recordation of
individual development phases. Proof of compliance may include documentation of the
number, type and year of cars crushed; location and type of engine modified, photo
documentation and quantification of emission reduction by the San Joaquin Valley Air
Pollution Control District or an air quality consultant. The types of project(s) used for the
reduction in emissions may include but are not limited to the following types:
· Car crushing of older model cars.
· Modification to stationary diesel engines, such as those under agricultural use.
· Modification of fleet vehicles andlor other mobile sources.
SJVAPCD Mitiaation Fund:
Air quality mitigation fees, at the amount to be determined by the SJVAPCD and the
subdivider, are due to the SJVAPCD Fund account at the time of the final map
recordation for each project phase. Proof of payment and SJVAPCD mitigation
certificates shall be provided to the planning director prior to recordation of each phase.
During the life of the Project, if the City of Bakersfield adopts an emissions mitigation
program that provides equal or more effective mitigation than the measures listed above,
the developer may choose to participate in the City's program to mitigate air quality
impacts.
Cumulative Impacts
5.7-6 Impacts on regional air quality resulting from the proposed Project and
cumulative projects may impact existing regional air quality levels on a
cumulative basis. Analysis has concluded that less than significant cumulative
impacts would occur with incorporation of mitigation measures.
Facts Supportina Findina
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
the Kern COG adopted regional growth 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 NOxand RaG. The Kern 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 TACs, NOx, ROG, CO and PM10 and provides a detailed
description of the Project's overall cumulative impact on air quality.
Based on the emission estimates provided above, the proposed project represents
approximately 28.66% of the RaG emissions and 31.04% of NOx emissions within the
project's one-mile radius, after mitigation. From a regional standpoint, the San Joaquin
Air Basin has annual emissions of ROG and NOx of 144,796 tons and 184,289 tons,
respectively, from all sources. The project therefore represents 0.007% RaG emissions
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and less than 0.005% of NO, emissions in the Air Basin. The Kern County portion of the
San Joaquin Air Basin has annual emissions of ROG and NO, of 36,026 tons and
62,233 tons, respectively, from all sources. The Project represents 0.028% of ROG
emissions and 0.016% of NO, emissions in the Kern County portion and is considered
less than significant.
Mitigation measure 5.7-6 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.7-6 Refer to Mitigation Measure 5.7 -3a and 5.7 -3b.
BIOLOGICAL RESOURCES
Short-Term (Construction) Impacts
5.8-1 Construction of the proposed Project would result in temporary impacts on
biological resources in the Project area. Project adherence to all applicable
construction mitigation measures outlined throughout this EIR, would reduce
impacts to less than significant levels.
Facts Supportinq Findinq
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 or agricultural. Implementation of standard
dust suppression measures identified in Section 5.7, AIR QUALITY, would serve to
reduce construction-related dust generation. Therefore, the indirect effect of impaired
respiration by existing plant species on the Project site is considered less than
significant.
The Biota Report dated February 13, 2004, indicates that 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
resident animals are already acclimated to the high noise levels associated with nearby
traffic, railroad operations, adjacent development, and industrial uses. Industrial uses
adjacent to the Project site have permits that allow operations to occur twenty-four hours
a day, seven days a week. 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 5.8-1a through 5.8-1e of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.8-1a Refer to the mitigation measures provided in Section 5.7, AIR QUALITY.
5.8-1b Construction vehicle speed limits shall not exceed 20 mph and shall be posted
throughout the site for the duration of construction activities.
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four inches or greater shall be kept capped to prevent entry of kit fox. If not ;:: fi!
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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.
5.8-1d Excavations shall be provided with escape ramps or otherwise be covered to
prevent entrapment, or the site could 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.
5.8-1 e Place culverts th"lt are open on both ends under roads during construction to
reduce vehicular mortality of the San Joaquin Kit Fox at fox crossings.
Special Status Wildlife
5.8-3 Due to the existing on-site and surrounding land uses, potential impacts on
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 are
anticipated in this regard with compliance with the MBHCP and incorporation of
mitigation measures.
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 from the Project region, however, no signs of the species was identified on the
site. Several areas potentially suitable for den sites were investigated in the surveys,
including pieces of irrigation pipe sections lying on the ground. However, no signs of
occupancy were noted. No San Joaquin kit fox species are known to be in the
immediate vicinity of the proposed Project site. The long-billed curlew, a bird species of
concern, is known to forage in alfalfa fields near the City when migrating through the
region in the spring and fall. Although the species was not observed during the survey
period, they have the potential to occur on the Project site during the species migration
period. No other species of concern were observed or expected to inhabit the Project
site including, the Federal and State endangered blunt-nosed leopard lizard, Federal
species of concern and State threatened San Joaquin antelope squirrel, Federal and
State endangered Tipton kangaroo rat or other listed or candidate species is located on
this intensively farmed parcel.
Compliance with the MBHCP is intended to conserve entire communities and
ecosystems. Although not known to occur in the immediate vicinity of the proposed
Project site, impacts on habitat for special status species, including San Joaquin kit fox,
will 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.
Therefore, less than significant impacts are anticipated. I;,AKf
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level of significance. The measures are as follows:
5.8-3a As required by the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP)
take avoidance measures for San Joaquin kit fox dens, follow all agency
guidelines regarding kit fox tracking and excavation to prevent entrapment of
animals in potential dens.
5.8-3b Prior to construction, conduct preconstruction surveys for known dens, bat roosts
within the water tower, building attics, and nest sites and implement appropriate
and/or necessary take avoidance measures for the San Joaquin kit fox and
protected bird species in accordance with the MBHCP and the Migratory Bird
Treaty Act.
5.8-3c Conduct preconstruction surveys before disking or ground disturbance to ensure
that no California ground squirrel burrows are present and to prevent potential
entrapment of burrowing owls. Survey the buildings and water tower to ensure
that no raptors are nesting at the time of demolition. If nests are encountered,
use agency-approved buffer zones and avoid nests until the young have fledged.
5.8-3d If any previously unidentified protected species that is not addressed in the
MBHCP is found to be present, avoid the species and have it evaluated by a
qualified biologist. Notify the U.S. Fish and Wildlife Service (USFWS) and the
California Department of Fish and Game (CDFG) any previously unreported
protected species. Any take of protected wildlife shall be reported immediately to
the CDFG and USFWS.
Long-Term Impacts
5.8-4 The proposed Project would result in permanent long-term impacts on biological
resources compared to existing conditions. Analysis has concluded that no
significant changes in composition or distribution of vegetation or wildlife would
occur. Mitigation measures are recommended at the end of this section to
ensure long-term impacts are less than significant impacts.
Facts Supportinq Findinq
Wildlife Movement
Due to the existing use of the site as an agricultural field, the proposed Project does not
serve as a regional wildlife movement corridor. The consistent and frequent cultivation
and maintenance activities associated with an active farmland are not ideal conditions
for a wildlife movement corridor. Furthermore, the industrial uses to the northwest and
south, and the residential neighborhoods to the north detract from the overall likeliness
of wildlife movement in the area.
Commercial and residential uses may increase the amount of traffic locally and the
potential for vehicular mortality of threatened, endangered and other protected species,
including migratory birds. Implementation of recommended mitigation measures would
serve to reduce the significance of vehicular mortality rates.
Noise
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The completed Project would result in increased traffic volumes and noise levels that
would presumably increase over present levels as the traffic and occupancy increases.
However, noise levels are already relatively high on the Project site, with industrial uses
northwest and south of the site, traffic on adjacent roads and rail operations on the
Union Pacific/Sunset Rc:ilroad along the west perimeter of the site. Therefore, the
permanent noise increase resulting from the proposed Project would be considered less
than significant in regards to wildlife.
Night Lighting
Night lighting would increase due to car headlights and project related parking and night
lighting during and after completion of the proposed Project. Lighting associated with car
headlights would not be present throughout the night and most of the light would not
stray onto adjacent properties. Additionally, the night lighting proposed for the project is
designed to reduce stray light into adjacent areas. Resident animals are already
acclimated to existing lighting associated with the adjacent development, roadways, and
industrial uses in the region. Refer to Section 5.4, AESTHETICS/LIGHT AND GLARE,
for measures to reduce light spill over. Therefore, Project-related night lighting would be
considered less than significant.
Food Waste and Garbage
Extensive litter frequently accumulates around residential and/or commercial
developments. The San Joaquin kit fox and other animals also may eat plastic sandwich
bags or other non-food garbage items that may cause their death. Solid waste debris
and litter may also accumulate and become a fire hazard. Both waste and fire can have
adverse effects on wildlile habitats. In additional solid wastes may attract coyotes from
the adjacent agricultural areas -that could impact the urban San Joaquin kit fox. The
provision to include covered litter barrels at appropriate location would serve to reduce
this impact to less than significant levels.
Mitigation Measures 5.8-4a and 5.8-4b of the Final EIR reduces impacts below a level of
significance. The measures are as follows:
5.8-4a 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 5.4 AESTHETICS/LIGHT AND
GLARE, regarding light spillover and glare mitigation measures.
5.8-4b All food, garbage, and plastic shall be disposed of in closed containers and
regularly removed from the site to minimize attracting ranging kit fox or other
animals to the site where they may be harmed
Cumulative Impacts
5.8-5 The proposed Project would result in the cumulative loss of open
space/agricultural resources within the City. Cumulative projects are mitigated on
a project-by-project basis and in accordance with applicable loca/, State, and
Federal requirements including the MBHCP.
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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 southwestern portion of Bakersfield would have the potential to
adversely affect area biological resources. Regional loss of native areas is a significant
issue. The Bakersfield area is subject to the provisions of the MBHCP, thus cumulative
impacts have been addressed and considered mitigable to less than significant levels.
CULTURAL RESOURCES
Archaeological Resources
5.9-1 Implementation of the proposed Project may cause a significant 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 Supportinq Findinq
No potentially significant cultural resources were identified on-site or adjacent to the
proposed Project. Similarly, no resources were identified in the proposed Project during
previous studies that involved the Project area. Four historic resources were located as
a result of the pedestrian survey, and include a historic trash scatter, two-story house
and associated out buildings, the Stine Canal, and the Sunset Railroad. The trash
scatter does not constitute a significant resource and has been mitigated through
recordation and collection by a qualified archaeologist. Additionally, neither the
McCutchen house nor the Stine Canal are included in, nor appear eligible, for inclusion
in the National Register of Historic Places (NRHP) (under the National Environmental
Policy Act [NEPAl or the California Register of Historic Resources (CRHR) (under
CEQA). The portion of the Sunset Railroad adjacent to the Project site remains in use
and will not be impacted by the proposed Project. Since the historic resources identified
within the Project site are not of significant importance, the Project will not adversely
affect any known cultural resources that are included in or appear to be eligible for
inclusion in the NHRP or the CRHR.
As indicated above, the Project site is included in an area that was historically inhabited
and important to peoplE) during the prehistoric era. It is possible that erosional or
depositional processes, along with the use of the Project site for agricultural uses 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-disturbing activities for the Project may involve grading for construction and the
excavation of the Stine Canal for relocation. Implementation of the proposed Project
therefore has the potential to disturb or destroy undocumented archaeological or
historical resources. Measures such as proper monitoring of 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.
Mitigation Measures 5.9-1a and 5.9-1b of the Final EIR reduces impacts below a level of
significance. The measures are as follows:
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5.9-1 a If archaeological resources are discovered during excavation and grading
activities on-site, the contractor shall stop all work and the Applicant 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.
5.9-1b If human remains are discovered as a result of the Project during any earth
removal or disturbance activities, all activity shall cease immediately, 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.
PUBLIC SERVICES AND UTILITIES
Fire Protection
5.10-1 Implementation of the proposed Project will not result in the need for additional
fire facilities or personnel. Potentially significant impact. Compliance with fire
safety standards and requirements and implementation of mitigation measures
would reduce potential impacts to less than significant levels.
Facts Supportina Findina
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
population. The Kern County Fire Department operates a ratio of 1.05 fire personnel per
1,000 population. 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 14, is proposed
to be constructed within the next five years. According to the Kern County Fire
Department, the proposed Project would result in a significant increase of traffic in the
site vicinity, which would create delays in emergency response. Additionally, the County
Fire Department indicated that the increase in construction and population would
increase the number of medical aid calls. Therefore, the conditions for approval of future
development on-site may include an increase in Fire Department personnel and
additional emergency equipment in order to maintain an acceptable level of service.
The proposed Project has the potential of having short-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 potential delays to emergency response times.
This temporary impact would not be considered significant, however, mitigation
measures pertaining to coordination during construction are provided to reduce impacts
to less than significant levels (refer to Section 5.5, TRAFFIC AND CIRCULATION).
Additionally, compliance with fire safety standards and requirements such as sprinkler
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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 Fire Prevention Association Standards.
Mitigation Measures 5.9-1a and 5.9-1b of the Final EIR reduces impacts below a level of
significance. The measures are as follows:
5.10-1a Future development projects shall be reviewed by the City and County of
Bakersfield Fire Departments. Specific Department requirements for access,
fire flow, hydrants, or other fire and life safety requirements shall be addressed
at the subsequent property entitlement phase.
5.10-1 b Residential projects shall meet fire-flow requirements in accordance with
relevant City building codes, City fire codes, and the requirements of the Kern
County Fire Department
5.10-1c Traffic signal pre-emption devices shall be installed on all new traffic signals
and a signal pre-emption transmitter shall be provided by the applicant for Kern
County Fire Department Engine 53 from Station 53.
5.10-1 d Because of the potential increase in construction activity and population and the
resulting increase is medical aid calls, an automated external defibrillator (AED)
shall be provided by the applicant to Kern County Fire Department Station 53
of the Kern County Fire Department.
5.10-1e Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term construction
mitigation measures.
Police Protection
5.10-2 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 implementation of mitigation measures.
Facts Supportinq Findinq
Construction of the proposed Project would create an increased demand for police
services on the Bakersfield Police Department. At build-out, the proposed Project may
generate a population of 4,024.35 persons. The City of Bakersfield Police Department
has a current staffing level of approximately 1.3 officers per 1,000 residents. This
population increase would translate into an optimal increase of 5.2 sworn officers to
serve the site at Project build-out. This population increase would not generate a need
for additional non-sworn officers, clerical personnel, and administrative personnel, as
that ratio is one clerical and one administrative person for every six sworn officers.
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 or block access routes or residential streets, this could result in potential
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delays to police response times. Furthermore, construction areas may require additional
police monitoring throughout the duration of Project construction both during day and
nighttime periods. These temporary impacts would not be considered significant,
however, mitigation measures pertaining to coordination during construction are
provided to reduce impacts to less than significant levels (refer to Section 5.5, TRAFFIC
AND CIRCULATION).
Mitigation Measures 5.9-2 of the Final EIR reduces impacts below a level of significance.
The measures are as follows:
mitigation measures.
Schools
5.10-3 Development of the Project site would generate additional students beyond
existing conditions. Potentially significant impact. Impacts are reduced to less
than significant with implementation of required mitigation measures.
Facts Supportina Findina
The Lakeside School District is currently at capacity for students, there is no available
classroom space at either of the two schools in the District. Student generation factors
within the Lakeside School District are based on a generation rate of 0.50 students per
dwelling unit. Table 5.10-2, GENERATION OF STUDENTS, demonstrates the potential
number of students generated by the proposed Project.
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The applicant shall be required to either dedicate land, or pay in lieu fees pursuant to
Bakersfield Municipal Code 15.80 which requires developers of new residential uses to
provide 2.5 acres of land per population projections of 1,000 persons, based on fair
market value. The proposed Project is anticipated to increase the population within
Metropolitan Bakersfield by 4,024 people. Therefore, based upon the dedicated land
ratio, approximately ten acres for a park shall be dedicated for a park. The minimum
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TABLE 5.10-2
Generation of Students
Generation Factors Dwelling Units Total Number of
Students
Elementary/Middle School 1,350 675
0.5 students/Unit
High School 1,350 310
0.2293 students/unit
Source: Letters from the Lakeside School District, dated September 29, 2004 and the Kern High
School District, dated October 12, 2004.
The development of the proposed Project would generate additional students beyond
existing conditions and would require the construction of additional school facilities to
serve the increased population. Additionally, the proposed Project would be required to
contribute development impacts fees to the school districts in accordance with the
above-mentioned standards and policies.
Mitigation Measures 5.10-3 of the Final EIR reduces impacts below a level of significance.
The measures are as follows:
5.10-3 Prior to issuance of a building permit for any residence within the Project area,
the applicant shall pay fees to the Lakeside School District in the amount of
$91.90 per residential unit and $51.69 per parcel of undeveloped property.
Additionally, there are developer school impact fees levied at $2.24 per square
foot of residential construction and $0.36 per square foot of commercial and
industrial development within the boundaries of the District; the current fees the
Project Applicant shall pay to the Kern County High School District are 35% of
the statutory $2.24 per square foot for single-family detached housing.
Parks and Recreation
5.10-3 Development of the Project site would create additional demand on Parks and
Recreation facilities. Analysis has concluded that a/though impacts are less than
significant, the Project shall be subject to Bakersfie/d Municipal Code
requirements for Parks and Recreation facilities.
Facts Supportinq 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.
Additionally, the city indicated that no proposed facilities are planned for future
development and no impacts associated with the proposed Project are anticipated.
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community parks pursuant to Bakersfield Municipal Code 15.80 is upwards of 20 acres.
The applicant is also required to pay a park development fee of $1,275 per each new
residential unit. The fee shall be paid before any grading or other land disturbance
occurs on the site, or before any building permits are issued. The proposed Project shall
be required to be annexed into a maintenance assessment district for the maintenance
of all street, median, and sump frontage landscaping as well as for the maintenance of
parks.
Mitigation Measure 5.10-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-4 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, or the developer must pay in-lieu
fees of $1 ,275 per residential unit.
Water Resources
5.10-5 Implementation of the proposed Project would not require the expansion of
existing water distribution or supply facilities within the project area. Less than
significant impact with incorporation of mitigation measures.
Facts SUPDortina Findina
The Project site is currently adjacent to the domestic water service area of the City of
Bakersfield. Upon annexation into the City, City water services would be supplied to the
Project site. Consultation with the City of Bakersfield Water Resources Superintendent
has determined that the Project can be adequately served with water without adverse
impacts on the domestic water supply, system and facilities. The City of Bakersfield and
the Draft Water Supply Assessment have indicated that the amount of domestic water
available for the proposed Project is sufficient, including water for fire protection service.
The net change in groundwater usage from the existing agricultural conditions to the
proposed residential, commercial, and industrial conditions is negligible. The additional
supply gained by the City from the entitlement of the Stine Canal flow will add water to
the City's water supply. Thus, there will be an insignificant change in overall basin or
subbasin groundwater balance. The water supply would have to conform with all Federal
(United States Environmental Protection Agency), State (California Department of Health
Services), and the local agency (Kern County Health Department) water quality
standards. Therefore, less than significant impacts on water services would occur.
Mitigation Measure 5.10-5 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-5 Prior to filing a final tract or parcel map, the developerlowner 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 ~K
contained in the particular phase to be accepted and recorded, as compared with ,:)<~' ('1<1'
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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.
Solid Waste/Landfills
5.10-7 /mplementation 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 Supportino Findino
Implementation of the proposed Project would not result in a significant 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. Project implementation would therefore not adversely impact
existing landfill capacities.
Mitigation Measure 5.10-7 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-7 All construction debris and construction-related debris shall be separated into
recyclable and nonrecyclable 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 sha!1 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, pursuant 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
measures identified in the Final EIR and, therefore, the Project will cause significant
unavoidable impacts in the category of Agriculture and Aesthetics, Light and Glare.
AGRICULTURE
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Loss of Agricultural Land
5.2-1 Development of the proposed Project would convert prime farmland to non-
agricultural uses. The irreversible commitment of prime agricultural land to
nonagricultural uses is considered a significant and unavoidable project impact.
Facts Supportinq Findinq
The Metropolitan Bakersfield General Plan EIR indicates that forecast growth within the
City is anticipated to result in the direct removal of a substantial amount of prime
agricultural land from production. This direct conversion of farmland to nonagricultural
uses is anticipated to result in secondary impacts upon agricultural operations (e.g.,
restrictions and limitations such as noise attenuation standards, air pollution control
measures, and pesticide and fertilizer application practices) located at the proposed
urban-agricultural land use interface. Additionally, according to the Metropolitan
Bakersfield General Plan EIR, the Project site is located on land designated as prime
farmland and the conversion of prime agricultural land urban uses would be considered
a significant and unavoidable impact because the proposed conversion would represent
a substantial irretrievable commitment of a limited agricultural resource.
As mentioned above, the Metropolitan Bakersfield General Plan identifies goals and
policies that are intended to provide for the planned management, conservation, and
wise utilization of agricultural land within the Planning area. While these goals and
policies can reduce significance of the impact of converting prime farmland to
nonagricultural uses, without a viable implementation program or other regulatory
mechanism in place, the impact on prime farmlands continues to be significant and
unavoidable.
Conversion of Land Under Williamson Act Contract
5.2-2 Implementation of the proposed Project will require the cancellation of existing
Williamson Act contracts covering the entire Project site. Analysis has concluded
that the Project meets the test for cancellation of the Williamson Act contracts
prior to their expiration in 2010. The proposed Project has been determined
suitable for the conversion as proposed; however, the cancellation remains a
significant and unavoidable impact.
Facts SUDDortinq Findinq
The entire Project site is currently under a Williamson Act contract. A notice of
non renewal of the Williamson Act was recorded for the site in 2001. Cancellation of a
Williamson Act contract requires nine years to fully take effect. If the Williamson Act is
cancelled by the landowner, as in the case of the proposed Project, the Act starts a nine
year process in which the assessed valuation increases each year according to a
specified formula until it is assessed at full market value. A landowner who does not
want to wait the nine years may choose to pay a cancellation fee equal to 12.5 percent
of the land's total fair market value.
According to Williamson Act law, the City is required to make specific findings prior to
cancellation of a Williamson Act contract. Government Code Section 51282 permits a
city to tentatively approve cancellation of a contract if the cancellation is consistent with
the purposes of the Williamson Act chapter or is in the public interest. The findings that
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the City of Bakersfield is required to make, and the findings determined for the proposed
Project, are the following:
Consistencv Findinas
(1) The cancellation is for land on which a notice of nonrenewal has been served
pursuant to Section 51245.
A notice of nonrenewal was filed for the affected parcels with the Kern County Clerk in
2001.
(2) The cancellation is not likely to remove adjacent lands from agricultural use.
Currently, the adjacent land to the east, west, and south is in agricultural use, with the
exception of a parcel to the south containing Golden Empire Concrete and Structure
Cast. There is an adjacent agricultural preserve beyond the southwestern corner of the
site, and several agricultural preserves to the west and south (nonadjacent). As
previously mentioned, the site and all immediately surrounding land is within the City's
SOl boundaries.
The forecast growth in the Metropolitan Bakersfield area is anticipated to occur at the
urban fringes of the City. Development pressure in the southwestern quadrant of the City
has increased substantially; however, the cancellation of the site's Williamson Act
contracts is not anticipated to contribute to this pressure. Rather, the development
pressure is linked to population growth, economic development, and other needs of a
growing community. The growth management policies contained in the Metropolitan
Bakersfield General Plan are designed to guide and direct growth to its most appropriate
location, keeping growth near existing development. Growth in the City's southwestern
quadrant has followed a contiguous development pattern westward from SR-99,
following market demands and economic trends of the region. The Project site is
adjacent to existing and ;>roposed urban development to the north, northeast, and east.
As such, the requested cancellation is considered a result of natural growth conditions
and is not anticipated to contribute to new development pressures on adjacent
agricultural lands.
(3) The cancellation is for an alternative use that is consistent with the applicable
provisions of the city or county general plan.
The Project site is situated within the SOl boundary of the Metropolitan Bakersfield
General Plan. The cancellation of the Williamson Act contracts is proposed in
conjunction with a zone change and General Plan Amendment (GPA) for future
development of the Project site. This EIR acknowledges the Amendment and zone
change and provides the environmental review necessary for the prezoning by the City.
Therefore, the cancellation and subsequent land use amendments and rezoning would
be consistent with applicable Metropolitan Bakersfield General Plan provisions.
(4) The cancellation will not result in discontiguous patterns of urban development.
The Project site is situated directly adjacent to urban development at the northeastern
corner. New residential and commercial developments are proposed to the north with
construction activities already underway immediately north of the Project site.
Additionally, a portion of the adjacent land to the east is designated for future residential
uses. The General Plan provides policies that promote compact growth, avoid allowing ~,"K~1'
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development to leap-frog over parcels of land, and promote concentric growth.
Therefore, it is not anticipated that the proposed Project would result in discontiguous
development patterns.
(5) There is no proximate noncontracted land that is both available and suitable for
the use proposed for the contracted land, or development of the contracted land
would provide more contiguous patterns of urban development than development
of proximate noncontracted land.
Alternative sites were considered, based on the following criteria:
· Land use to the proposed site.
· Land must not be under Williamson Act contract.
· Land must be available for residential and commercial development.
· Land must be suitable for residential and commercial development.
· Site must be over 200 acres, but preferably larger to provide the range of
uses designated for the property.
· An alternative site must be within the current boundary line; parcels
outside the line would not be suitable because development there would
violate the Metropolitan Bakersfield General Plan and prematurely
convert agricultural land.
· An alternative site must be in the southwestern quadrant of the city;
parcels in other quadrants would not be proximate to the site.
Residential and commercial development has occurred in areas adjacent to the Project
site. Further, based on the above stated criteria for alternative sites, there are no
contiguous parcels within the site vicinity of equal or greater size suitable for the
proposed Project. Several parcels adjacent to existing residential and commercial
development to the north and northwest of the Project site currently possess tentative or
recorded use permits. Development of the Project site would follow the natural
progression of development in the site vicinity. No leap-frogging would occur as a result
of development. Develorment of the noncontracted portion of the site would lead to a
less contiguous portion of development, because the parcels under Williamson Act are
adjacent to Panama Road.
Public Interest Findinas
Alternatively, the City is able to make the public interest findings as follows:
(1) The other public concerns substantially outweigh the objectives of this chapter.
Based upon the Legislative findings in Section 51220 of the Williamson Act, the
objectives of the Act can be described as follows:
.
Preservation of the maximum amount of the limited supply of agricultural land;
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· Provision for agricultural work force;
· Discouragement of the premature and unnecessary conversion of agricultural land to
urban uses; and
· Preservation of agricultura' land for its open space value.
Recognizing that Bakersfield is the county seat of one of the most productive agricultural
counties in the nation, there is no argument that the public as a whole has an interest in
the maintenance and preservation of agricultural land. Bakersfield's economy is and will
continue to be tied to agriculture. The question then is whether there are other concerns
regarding the cancellation request that substantially outweigh the concern over
protection of agricultural land. As previously mentioned above, the Metropolitan
Bakersfield General Plan seeks to protect agricultural land; however, the General Plan
recognizes that the City will continue to grow at a strong pace. To balance these two
interests of preservation of agriculture and land and economic development, the General
Plan contains objectives and policies that support a growth pattern that is efficient and
orderly. These policies, when implemented through the careful placement of urban
boundaries, provide land inside the boundary for growth while protecting land outside the
boundary from premature conversion to urban uses.
(2) That there is no proximate non-contracted land which is both available and
suitable for the use to which it is proposed the contracted land be put, or, that
development of the contracted land would provide more contiguous patterns of
urban development than development of proximate non-contracted land.
Refer to the fifth consistency finding analyzed above.
(3) Ability to be provided with Urban Services (sewer, water, roads, etc.).
The Project site is directly adjacent to existing and future residential developments.
Sewer lines are located along Gosford Road and McCutchen Road and electrical lines
surround the site. Currently, domestic water is not yet available; however, adequate
service can be provided to the site as a result of its adjacent location to current
residential developments.
(4) Ability to affect the application of Agricultural Chemicals on Nearby Agricultural
Properties.
Kern County farmers are required to obtain site-specific permits from the Kern County
Agricultural Commissioner for the purchase and use of many agricultural chemicals. The
Agricultural Commissioner evaluates the proposed chemical application to determine
whether it is near sensitive areas such as residential areas or schools. State law
requires the Agricultural Commissioner to ensure that chemical applicators take
precautions to protect people and the environment. Based on this evaluation, the
Agricultural Commissioner may deny the application or require specific use practices to
mitigate any potential hazards. Such practices include method of application, time of
day, consideration of weather conditions, and use of buffer zones. When such permit
conditions are in place, they have the force of regulation and are strictly enforceable.
The Kern County Agricultural Commissioner prohibits the aerial application of restricted
chemicals within a quarter mile of any residential area or active schools.
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The proposed Project will not have any measurable affect on the application of
agricultural chemicals as the existing and planned developments have already placed
these restrictions on agricultural lands in this portion of southwest Bakersfield.
Therefore, conversion of the farmland to mixed use is appropriate for the Project site and
area.
(5) Ability to create a precedent-setting situation that leads to the premature
conversion of prime agricultural lands.
The Project site is bounded on the north by Panama Lane (an arterial street), and
Gosford Road (an arterial street), on the east. Residential subdivisions exist, or are
planned, for lands directly to the north and northeast. Each of these factors provides a
buffer that would prevent the Project from prematurely converting agricultural land.
Therefore, conversion of the farmland to mixed use is appropriate for the Project site and
area.
(6) Demonstrated Need.
Residential growth patterns have been approved throughout the Bakersfield Metropolitan
Planning area, including the rural southwestern area. The proposed Project is in
response to the surge of residential development in the Project vicinity. Therefore.
conversion of the farmland to mixed use is appropriate for the Project site and area.
(7) Necessity of buffers such as lower densities, setbacks, etc.
As mentioned above. the Project site is adjacent to arterial roadways to the north and
east. Currently, there are no single-family residential areas directly abutting the Project
site. However, the proposal includes a mix of land uses that are considered compatible
with planned and existing uses in the Project area.
The analysis and findings provided above conclude that the conversion of the Project
site to nonagricultural use would be a significant environmental effect based on the
Department of Conservation's LESA conversion model (refer to Impact Discussion 5.2-1,
above). The Project, however, is consistent with the General Plan, and meets the test for
cancellation of the Williamson Act contracts prior to their expiration in 2010. The
proposed Project therefore is suitable for the conversion as proposed.
Cumulative Impacts
5.2-4 Development of the proposed Project, as well as the buildout in accordance with
the City's General Plan, would result in the cumulative loss of farmland.
Implementation of the proposed Project would result in significant and
unavoidable cumulative impacts on agricultural resources.
Facts Supportinq Findinq
According to the Metropolitan Bakersfield General Plan EIR, the conversion of
agricultural land to other uses due to development in and around Bakersfield is
considered a significant and unavoidable cumulative impact. The forecast growth in
Metropolitan Bakersfield is anticipated to occur at the urban fringes of the City and will
result in the direct removal of a substantial amount of prime agricultural land from
production. Although the Metropolitan Bakersfield General Plan has various Land Use
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policies that direct development to encourage site compatibility with surrounding uses,
the cumulative loss of prime agricultural land results in a significant and unavoidable
impact.
The Metropolitan Bakersfield General Plan EIR also acknowledges that some of the
Williamson Act contracted lands within the Metropolitan Bakersfield Planning area will be
lost to future development. The Agricultural Conversion Study concluded that the
proposed Project would not result in pressures to develop neighboring Williamson Act
lands and is considered appropriate for the conversion as proposed. Given the site's
location within the City's SOl (which is considered the ultimate urban boundary for
buildout of the City), the proposed Project would not result in greater impacts on
Williamson Act lands than previously identified in the Metropolitan Bakersfield General
Plan EIR. Notwithstanding this conclusion, Project implementation when combined with
the potential loss of other contracted lands within the Planning area, over time, remains
a significant and unavoidable impact.
AESTHETICS, LIGHT, AND GLARE
Cumulative Impacts
5.4-4 Project development, together with cumulative projects, may result in greater
urbanization and the loss of views in undeveloped areas of the southwestern
portion of the City of Bakersfield. Unavoidable Significant Impact. The
Metropolitan Bakersfield General Plan EIR identified an unavoidable adverse
aesthetic impacts, with buildout of the General Plan.
Facts Supportinq Findinq
Construction of currently approved and pending projects in the Project vicinity would
permanently alter the nature and appearance of the area through loss of agricultural 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 visual and aesthetic changes is difficult to determine, because aesthetic value is
subjective 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
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.
Pages 5.3 and 5.4 of the Metropolitan Bakersfield General Plan EIR state 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 agricultural land use designation contained
on the Project site was in effect at the time the General Plan EIR was certified. The
Project proposes amendment to the General Plan to allow development of urban uses
on the site. As such, the Project, together with cumulative development in western
Bakersfield, would exceed the 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, light,
and glare.
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IX. FINDING REGARDING ALTERNATIVES
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 (a)(3) and CEQA Guidelines 15091 (a)(3) 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 avoid 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, noi5e, 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.
"Development in Accordance with Existing General Plan Designation" Alternative
The "Development in Accordance with Existing General Plan Designation" Alternative
allows the Project site to be developed to the maximum intensity allowed under the
existing 2020 General Plan land use designation. Implementation of this Alternative
would consist of development on the 300-acre Project site under land use designation R-
IA (Resource - Intensive Agriculture, Minimum 20-Acre Parcel Size). Development in
accordance with this designation would result in construction of one dwelling unit per 20
acres (yielding 15 single-family dwelling units), and would allow continued agricultural
production on the individual 20-acre parcels. The following discussion evaluates the
potential environmental impacts associated with the "Development in Accordance with
Existing General Plan Designation" Alternative as compared to impacts from the
proposed Project.
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GPAlZC No. 04-0057
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
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.
The "Development in Accordance with Existing General Plan Designation" Alternative
does not meet the Project objectives for construction of a mixed-use neighborhood.
Although implementation of this Alternative would be consistent with the existing General
Plan designation for the Project site, not all of the stated Project objectives would be
satisfied. Although this Alternative would result in a decrease in impacts related to all
environmental issue areas, this Alternative was rejected because it does not fulfill the
objectives of the proposed Project.
"Estate/Residential Densities" Alternative
Under the "Estate/Residential 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). In addition, this Alternative would
have no General Commercial (GC) and Light Industrial (LI) areas, as would the original
proposed Project. Implementation of this Alternative would develop 300 acres under the
land use designation Estate/Residential (maximum 1.0 dwelling unit per net acre).
Development in accordance with this land use designation would result in the
construction of 300 single-family dwelling units.
The "Estate/Residential Densities" Alternative would decrease impacts, except on
agriculture; 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. The northern half of Section 27, located southwest of
the Stine Road and Panama Road intersection.
· A/ternative Site Location 2. The northern half of Section 28, south of Panama
Road, between Gosford Road and Ashe Road.
· Alternative Site Location 3. The western half of Section 20, southeast of the
intersection of Pacheco Road and Old River Road.
Based on the above criteria, there are no contiguous parcels within the site vicinity of -OMs:
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equal or greater size suitable for the proposed Project. Residential and commercial
development has occurred in areas adjacent to the Project site. Additionally, several
tentative tract maps (TTMs) have been submitted to the City of Bakersfield for parcels
adjacent to existing residential and commercial development. Specifically, Area 1 is
within TTM 6351; the owner of Area 2 plans to develop the property; and Area 3 is within
TTMs 6469, 6467, and 6329.
Development of the Project site would follow the natural progression of development
within the southwestern area of Bakersfield's Sphere of Influence. Development of the
portion of the site not under the Williamson Act Contract would lead to a less-contiguous
portion of development because the parcels under the Williamson Act are in the northern
portion of the Project site, adjacent to Panama Lane.
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
ProjecUNo Development" Alternative is the "Environmentally Superior" Alternative, then
the EIR shall also idenlify an Environmentally Superior Alternative among the other
Alternatives in this case. The "No ProjecUNo Development" Alternative (Existing
Conditions) is the environmentally superior Alternative, as it would not result in
environmental impacts associated with construction. However, the "No ProjecUNo
Development" Alternative would not satisfy the Project's objectives.
The "Development in Accordance with Existing General Plan Designation" Alternative
would result in reduced or equivalent environmental impacts when compared to the
proposed Project, while meeting the Project objectives to some degree. Although the site
would result in minimal environmental impacts, this Alternative would not fulfill the City's
objectives, as there would be no commercial or light industrial uses within the Project
site and the yield of residential dwelling units would be greatly reduced.
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 are not available for acquisition or development because of existing TTMs and
plans for the sites. The "Estate/Residential Density" Alternative would have similar
adverse impacts on agriculture; public health and safety; aesthetics, light and glare; and
cultural resources. However, this Alternative would have lesser impacts on land use,
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 objectives of the
Project and avoids the potentially significant impacts of the Project.
S:\GPA 2nd 2005\04-0057 Panama-Gosford EIRlzz Findings of Fact for EIR.doc
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Statement of Overriding Considerations
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EXHIBIT E
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 that, when a public agency allows for the occurrence of significant effects
which are identified in the Final 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 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 GosfordlPanama Annexation Project indicated
the Project would result in contributions to agricultural (loss of agricultural land, conversion of
land under Williamson Act Contract, and cumulative) and aesthetic (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
GosfordlPanama Annexation Project and the public record. The project benefits include the
following:
Develop a multi-use project, including commercial, industrial, and residential uses to
meet market demand for these land uses.
Provide alternative residential land uses including single-family, low-density
residential, multi-family medium-density residential, and mobile home park. The
mixed land uses will meet market demand for housing in southwest Bakersfield. The
combination of single-family dwellings, multi-family dwellings, and mobile home
dwellings will provide owner occupied units and rental units at various prices and
rents.
. Develop a regional shopping center with sufficient size to accommodate pads for two
mid-size major retailers.
Provide a neighborhl)od commercial area to serve the needs of nearby residents.
The neighborhood commercial has a secondary objective of buffering an existing
industrial property from proposed residential uses.
Provide light industrial property to provide for uses similar to mini-storage. This has a
secondary objective of buffering existing industrial uses from proposed residential<, "òÁI(f.
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GPAlZC No. 04-0057
The Lead Agency makes the following finding, pursuant to Section 15093 of the CEQA
Guidelines, with regard to the Statement of Overriding Considerations for the Gosford/Panama
Annexation Project:
California Administrative Code, Title 14, Section 15093(a) states: "If the benefits
of a proposed project outweigh the unavoidable adverse environmental effects,
the adverse environmental effects may be considered 'acceptable'." Based on
the above discussion and on the evidence presented, the City of Bakersfield
therefore finds that the benefits of the proposed project outweigh the adverse
agricultural (loss of agricultural land, conversion of land under Williamson Act
contract, and cumulative) and aesthetic, light, and glare (cumulative) impacts
associated with Gosford/Panama Annexation Project, which cannot be eliminated
or reduced to a level less than significant.
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EXHIBIT F
Mitigation Monitoring Plan
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