HomeMy WebLinkAboutRES NO 224-05
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RESOLUTION NO.
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RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CERTIFYING IT HAS RECEIVED, REVIEWED, EVALUATED AND
CONSIDERED THE INFORMATION CONTAINED IN THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT
AND CONCURRENT ZONE CHANGE NO. 04-0057 AND CERTIFYING THAT
THE FINAL ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED
IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, THE STATE CEQA GUIDELINES, AND THE CITY OF BAKERSFIELD
CEQA IMPLEMENTATION PROCEDURES, AND MAKING FINDINGS AND
ADOPTING A MITIGATION MONITORING PLAN. (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 on Thursday, JULY 7, 2005, on the certification of the Final Environmental Impact Report
(FEIR) for General Plan AmendmentlZone Change No. 04-0057 for the proposed amendment to the
Land Use Element and Circulation Element of the Metropolitan Bakersfield General Plan, the
proposed zone change, and land conservation contract cancellation of property being annexed to
the City of Bakersfield, notice of the time and place of hearing having been given at least ten (10)
calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper
of general circulation;
WHEREAS, QUAD KNOPF, INC., for Gosford-Panama Partners, LLC, made application for
a concurrent general plan amendment, zone change, and land conservation contract cancellation for
property being annexed to the City of Bakersfield, located south of Panama Lane to McCutchen
Road, generally west of Gosford Road to Progress 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.
Concurrent Zone Chanae No. 04-0057:
A concurrent zone change requesting a change in zone from A (Agriculture) to
M-1 (Light Manufacturing) on 19.98 acres, C-2 (Regional Commercial) on 67.28
acres, R-1 (One Family Dwelling) on 147.55 acres, R-2 (Limited Multiple-Family
Dwelling) on 36.02 acres, and MH (Mobile Home) on 28.81 acres; and
A request to cancel the Land Conservation Contract (Williamson Act) on 300
acres; and
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Williamson Act Cancellation:
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WHEREAS, for the above-described project, an Initial Study was conducted and it was
determined that the proposed project may have a significant effect on the environment and,
therefore, an Environmental Impact Report (EIR) was required and prepared for the project in
accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the City of Bakersfield retained the professional consulting services of RBF
Consulting to prepare the Initial Study, Environmental Impact Report and related documents; and
WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on September
28, 2004, for a 30-day review period in accordance with CEQA; and
WHEREAS, a Public Scoping hearing was held on October 21,2004, to receive input from
the public and agencies on the Initial Study and scope of the Draft EIR; and
WHEREAS, in order to provide greater public participation, all property owners within 300
feet of the project site and all those who requested notification at the Planning Commission public
hearing( s) or requested special notice to the Development Services Department were noticed of the
availability of the Draft and Final Environmental Impact Report and this public hearing; and
WHEREAS, a Draft EIR was prepared and circulated to interested parties and agencies and
a notice of availability was sent to property owners within 300 feet of the project site and all those
who requested notification at the Planning Commission public hearing(s) or requested special notice
to the Development Services Department on December 20, 2004, in accordance with CEQA for a
45-day review period to end on February 7, 2005; and
WHEREAS, the Draft EIR was subject to a 45 day review period in accordance with Section
15087 of the CEQA Guidelines; and
WHEREAS, the public hearing on the Draft EIR was held during the latter half of the public
review period as is required by the City of Bakersfield CEQA Implementation Procedures; and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the Draft
EIR was submitted to the State Clearinghouse (SCH # 2004091146) on December 20,2004, to start
the 45-day review period to end on February 7,2005, in accordance with CEQA; and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of the City of Bakersfield CEQA Implementation Procedures, held a public hearing on
Thursday, January 6, 2005, on the adequacy of the Draft EIR; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Environmental Impact Reports as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by the city staff and the Planning Commission; and
WHEREAS, on June 14, 2005, the Final EIR was completed and notice of its availability was
made to interested parities and agencies; and
WHEREAS, on July 7, 2005, the Planning Commission considered the Final EIR; and
WHEREAS, based on comments received prior to and at the July 7, 2005, Planning
Commission Hearing, the Planning Commission recommended certification of the Final EIR; ~I:IMt1>
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WHEREAS, the environmental record prepared in conjunction with the project includes the
following;
1. The Notice of Preparation, the Draft Environmental Impact Report, and the Final
Environmental Impact Report;
2. All staff reports, memoranda, maps, letters, minutes of meetings and other
documents prepared by the consultants relating to the project;
3. All testimony, documents and evidence presented to the city by consultants working
with the city relating to the project;
4. The proceedings before the Planning Commission relating to the project and Draft
Environmental Impact Report and Final Environmental Impact Report, including
testimony and documenting evidence introduced at the public hearings; and
5. Matters of common knowledge to the Planning Commission which it considered
including but not limited to the following:
a) The City of Bakersfield Metropolitan Bakersfield General Plan; and
b) The City of Bakersfield Zoning Ordinance; and
c) The City of Bakersfield Municipal Code; and
d) Other formally adopted policies and ordinances of the City of Bakersfield;
and
WHEREAS, the State Clearinghouse Numberfor the Environmental Impact Report (EIR) is
2004091146; and
WHEREAS, the Planning Commission adopted Resolution No. 99-05 on July 7, 2005,
recommending certification of the Final EIR for the GPAlZC 04-0057/Williamson Act Contract
Cancellation and Annexation to the City of Bakersfield; and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 99-D5, 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. In accordance with State CEQA Guidelines Section 15151, the Planning
Commission considered the following direction regarding "standards for adequacy"
of an EIR:
An EIR should be prepared with a sufficient degree of analysis to provide decision-
makers with information, which enables them to make a decision which intelligently
takes account of environmental consequences. An evaluation of the environmental
effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is
to be reviewed in the light of what is reasonably feasible. Disagreement among
experts does not make an EIR inadequate, but the EIR should summarize the main
points of disagreement among the experts. The courts have looked not for
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perfection but for adequacy, completeness, and a good faith effort at full disclosure;
and
3. In accordance with CEQA Guidelines Sections 15151 and 15090, the Final EIR was
considered for adequacy, completeness and good faith effort at full disclosure and
has been completed in compliance with CEQA; and
4. Attached Exhibit "B" containing the "Statement of Facts and Findings" are
appropriate and incorporated into the project; and
5. Attached Exhibit "C" containing the "Mitigation Monitoring Plan" is incorporated into
the project; and
WHEREAS, in accordance with CEQA Guidelines Section 15132, the Final EIR consists of
the following:
1. The Draft EIR;
2. Comments and recommendations received on the Draft EIR either verbatim or in
summary.
3. A list of persons, organizations and public agencies commenting on the Draft EIR.
4. The responses of the Lead Agency to significant environmental points raised in the
review and consultation process; and
WHEREAS, the Final EIR for General Plan Amendment/Zone Change No. 04-0057 was
prepared in accordance with CEQA Guidelines Section 15132; and
WHEREAS, in accordance with The CEQA Guidelines Section 15151 the Planning
Commission considered the following direction regarding Astandards for adequacy of an EIR:
CEQA Guideline Section 15151:
An EIR should be prepared with a sufficient degree of analysis to provide decision-makers
with information, which enables them to make a decision which intelligently takes account of
environmental consequences. An evaluation of the environmental effects of a proposed
project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of
what is reasonably feasible. Disagreement among experts does not make an EIR
inadequate, but the EIR should summarize the main points of disagreement among the
experts. The courts have looked not for perfection but for adequacy, completeness, and a
good faith effort at full disclosure; and
WHEREAS, in accordance with CEQA Guidelines Section 15090 the lead agency (City of
Bakersfield) shall certify that:
(a) The Final EIR has been completed in compliance with CEQA; and
(b) The Final EIR was presented to the decision-making body of the Lead Agency and
that the decision-making body reviewed and considered the infonnation contained in
the final EIR prior to approving the project.
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WHEREAS, in accordance with CEQA Guideline Sections 15151 and 15090, the Final EIR
was considered for adequacy, completeness and good faith effort at full disclosure and has been
completed in compliance with CEQA; and
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
1. The City Council hereby certifies that it has received, reviewed, evaluated and
considered the information contained in the Final Environmental Impact Report for
GPA 04-0057.
2. The City Council hereby certifies the Final Environmental Impact Report for GPA 04-
0057.
3. The above recitals and findings incorporated herein by reference, are true and
correct and constitute the Findings of the City Council in this matter.
4. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, will be transmitted by the Secretary of the Planning Commission to
the City Council.
5. That all required notices have been given.
6. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
7. The City Council hereby finds the mitigation incorporated into the project avoids
impacts or mitigates impacts to a less than significant level.
8. Certain environmental impacts regarding noise are considered unavoidable and
cannot feasibly be mitigated to a less than significant level. Moreover, the project
alternatives analyzed in the Final Environmental Impact Report would not feasibly
mitigate the impacts.
9. The Planning Division of the Development Services Department is hereby directed to
file a Notice of Determination with the County Clerk of Kern County, pursuant to the
provision of Section 21152 of the Public Resources Code and Section 15094 of the
State CEQA Guideline adopted pursuant thereto and a Certificate of Fee Exemption
pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and
Game Code.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted boX'the
Council of the City of Bakersfield at a regular meeting thereof held on SEP 2 8 2003 , by
the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED
SEP 2 8 2005
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CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVE L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City AUomey
By: f-ðVÜ;[ In, Jj¡ 1t
Attached: EXHIBIT "A" - General Plan AmendmenUZone Change Location Maps
EXHIBIT "B" - Statement of Facts and Findings
EXHIBIT "C" - Mitigation Monitoring and Reporting Checklist
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S:IGPA 2nd 2005104-0057 Panama-Gosford EIRIResolutionslCEQA FEIR_cc.doc
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Gosford/Panama Annexation Project
GPAlZC No. 04-0057
EXHIBIT "B"
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
based in part on the requirements contained in Section 21081.6 of the Public Resources Code (J- \,>M~:5'
(see Exhibit B). A Mitigation Monitoring Program will be adopted as part of the Resolution. "- c.;
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JN 10-103584 1 of 58 June 2005 ORIGINAL
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 public records, finds that .
changes or alterations to the Project will avoid or substantially lessen potentially ¿¡ \!'''k~'t
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2 of 58 June 2005
Gosford/Panama Annexation Project
GPAlZC No. 04-0057
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 reclassify 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.
JN 10-103584
Gosford/Panama Annexation Project
GPAlZC No. 04-0057
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 January 6, 2005 regarding the Draft EIR. The public was afforded the '< '\'.l>kS1"
opportunity to orally comment on the Draft EIR at the public hearing, and the;: '0
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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 STUDY/NOTICE 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. '< 'ò~Kf-'-9
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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 '6Mt
2 percent slopes. The Kimberlina soil is deep, well drained, alluvial fans derived from c§ ~)
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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
measures, are described in Section 5.5 of this EIR.
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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 substantia/
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
stormwater 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 1 DO-year flood hazard area as mapped on a \!)Þ,K¿o
Federal Flood Hazard Boundary or Flood Insurance Rate Map. No impacts are ~ 1'(/'
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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 PLANNING. 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 /ocally-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 'òÁK,<'
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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?
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Development of the proposed Project would directly impact school facilities in the Project
area. The proposed Project would be required to contribute to impacted school districts
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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 and/or 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.
Resu/t 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 PLANNING
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, AGRICULTURE, compliance with local,
State and Federal policies and standards would reduce impacts to less than
significant levels,
Facts SUDDortinq Findinq
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 Bakersfie/d 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 Municipa/ Code would reduce
compatibility impacts on less than significant levels with the development of physical
buffer zones.
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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 Bakersfie/d
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 Bakersfie/d General Plan. Analysis has concluded that
impacts are less than significant and no mitigation is required.
Facts SUDDortinq Findinq
Overall, Project implementation would not conflict with the land use plan, goals, and
strategies of the Metropolitan Bakersfield Genera/ Plan. Page 11-2 of the Genera/ 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 applicab/e
Kern County LAFCo policies and guidelines,
Facts Supportinq Findinqs
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 A
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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 SUDDortinq 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 SUDDortinq 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 Qua/ity
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 and/or 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 /ocal, 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 pesticidelfertilizer
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 Supportina Findina
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 Users/Facilities
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 SUDDortina Findina
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 SUDPortina Findina
The Kern County and Incorporated Cities Hazardous Waste Management Plan (HWMP)
lists goals and policies regarding the transport of hazardous wastes. The HWMP
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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 within 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 SUDDortinQ 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.
AESTHETICS/LIGHT 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 SUDDortinQ 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
be similar in character and density as surrounding off-site uses and can be considered
visually compatible with existing surrounding land uses.
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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 Supportino Findino
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 Company 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 mile 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. Ana/ysis has concluded that impacts would be less than
significant.
Facts SUPDortino Findino
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 VI SCREEN guidance, primary N02 was assumed
to be zero, while PMlO emissions from diesel combustion sources were assumed to be
particulate. The emission rates used in the VI SCREEN 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 Supportinq Findinq
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 Supportinq Findinq
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 Supportinq Findinq
Potential impacts would be site specific and an evaluation of potential impacts would be
conducted on a project-by-project basis. Each incremental development would be
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 ~ í)A~tÄ>
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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 Supportina Findina
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 /mplementation 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 Supportina Findina
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.
Natural Gas
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5.10-9 /mplementation 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 necessary 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 EIR.
Facts SUDDortinq 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 wit~ '(¡Mf'1'
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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 of 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 SUDDortinq 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" 'òÄ/(I'-ý
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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
5.3-1c 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.
Aboveqround Storaqe 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
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Agricultural Use of Property/Adjacent 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, and/or 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 leve/.
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 ,:¿,M¿'1>
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 (SJV APCD) 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 SUDDortina 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 dust
emissions would reduce impacts to a less than significant level.
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Facts SUDDortinq 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 5.3-1 Oa 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 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.
Cumulative Impacts
5.3-11 The proposed Project, in combination with other cumulative projects, could
increase exposure to the publíc of hazardous substances. Complíance with
Federal, State, and local requirements on a project-by-project basis would
reduce cumulative impacts to a less than significant level.
Facts SUDDortinq 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 temporaríly 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 SUDDortinq Findinq
Project construction activities would temporarily disrupt views across the site from
surrounding areas. Graded surfaces, construction debris, construction equipment and
heavy truck traffic would be visible. Soil would be stockpiled and equipment for grading
activities would be staged at various locations throughout the Project site. The use of
metal storage containers in conjunction with construction activities would be subject to
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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 Supportinq FindinQ
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
would cease upon Project completion. Implementation of recommended
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mitigation measures would reduce impacts to less than significant levels.
Facts SUDPortinq 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 5.5-1 b 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 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.
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 SUDPortinq Findinq
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.
The measure is as follows:
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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 the street system and may exceed an established LOS
standard. Less Than Significant With Mitigation.
Facts Supportinq Findinq
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 SUDPortinq Findinq
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., muffling/ placement of construction equipment and stockpiling/staging 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 5,6-1 a through 5.6-1 d of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.6-1a Prior to issuance of grading permits, the contractor shall provide evidence
acceptable to the City Planning Department that (1) all construction equipment,
fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped
with properly operating and maintained mufflers; (2) construction activities shall
be limited to the designated daytime hours as specified by the City of Bakersfield
(currently 6 AM to 9 PM on weekdays and 8 AM and 9 PM on weekends). No
construction is allowed on Federal holidays. These restrictions apply to all trucks,
vehicles, and equipment that are making or involved with material deliveries,
loading or transfer of materials, equipment service, and maintenance of any
devices for or within the Project construction site.
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.
5.6-1 c 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.
5,6-1 d 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. Ana/ysis 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 '-< ùkKc~'
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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 /evel increases. Ana/ysis 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 Supportina Findina
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 commercia/ and industrial
activities that include loading/unloading activities, mechanical equipment and
activities occurring in parking lots. Analysis has concluded that impacts would be
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measures.
Facts Supportinq Findinq
Noise typically associated with operation activities of commercial uses would be generated
by the following 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 Municipa/ 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 L5D 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 ievel.
Landscape Maintenance
Future development of the proposed uses within the Project area would introduce new
landscaping areas requiring periodic maintenance. Noise generated by gas lawn mowers
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. lawn mower), 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 and/or 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 SUDDortina Findina
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 LSD contour would extend 1,750 feet from the Vulcan Asphalt
and Batch Plant while the LSD 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
units.
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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 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.
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
piacement.
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
90-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 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.
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 Supportinq Findinq
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 require 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 eq uipment 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 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
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 Supportino Findino
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
Project site.
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Gosford/Panama Annexation Project
GPAlZC No. 04-0057
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 Proiects:
These are non-public works projects selected by the subdivider that shall result in the x <õf>.K(1
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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 MitiQation 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 leve/s on a
cumulative basis. Analysis has concluded that less than significant cumulative
impacts would occur with incorporation of mitigation measures.
Facts SupportinQ FindinQ
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 NO, and ROG. 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, NO" ROG, CO and PMlO 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 ROG emissions and 31.04% of NO, 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 NO, of 144,796 tons and 184,289 tons,
respectively, from all sources. The project therefore represents 0.007% ROG emissions
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and less than 0.005% of NOx emissions in the Air Basin. The Kern County portion of the
San Joaquin Air Basin has annual emissions of ROG and NOx of 36,026 tons and
62,233 tons, respectively, from all sources. The Project represents 0.028% of ROG
emissions and 0.016% of NOx 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.
5.8-1 b 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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5.8-1 c 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
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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 that 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 SUDDortina 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.
Mitigation Measures 5.8-3a through 5.8-3d of the Final EIR reduces impacts below a 'QAK!:",y
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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 Railroad 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 wildlife 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 AESTHETICSILlGHT 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
spacelagricultural resources within the City. Cumulative projects are mitigated on
a project-by-project basis and in accordance with applicable /ocal, State, and
Federal requirements including the MBHCP.
Facts SUPDortinQ FindinQ
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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 archaeologica/ or historical resources on-site, Implementation of the
recommended mitigation measures would reduce impacts to unknown
archaeologica/ resources to a less than significant level.
Facts SUDDortina Findina
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 [NEPA] 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 5.9-1 b of the Final EIR reduces impacts below a level of
significance. The measures are as follows: '< '6Ak!:~i'
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5.9-1a 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 /mplementation 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 SUDDortinq Findinq
Due to the potential increase in urban development beyond existing conditions,
additional demand for fire services may occur with implementation of the proposed
Project. The City of Bakersfield Fire Department has not established a ratio of staff to
resident population, however, current fire personnel are at a ratio of 0.79 per 1,000
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:
5.10-1 a 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.
5.10-1 e 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 SUDDortina Findina
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:
5.10-2 Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term construction
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 Supportino Findino
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
park size requirement for neighborhood park is ten acres. Maximum park acreage for 'ó~x¡:c
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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 Kem 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 Deve/opment of the Project site would create additional demand on Parks and
Recreation facilities. Analysis has concluded that although impacts are less than
significant, the Project shall be subject to Bakersfield Municipal Code
requirements for Parks and Recreation facilities.
Facts SUPDortina Findina
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 iandscaping 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 SUDPortinq Findinq
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 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
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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 ietter guaranteeing a water supply.
Solid Waste/Landfills
5.10-7 Implementation of the proposed Project would not result in increased demand for
solid waste services, Short-term construction impacts resulting from construction
debris would increase solid waste on a temporary duration. With implementation
of applicable recycling programs, impacts would be reduced to less than
significant levels.
Facts Supportinq Findinq
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 shall be used for all aspects of construction.
VIII. FINDING REGARDING INFEASIBILITY OF MITIGATION MEASURES FOR
SIGNIFICANT IMPACTS
The City of Bakersfield, having reviewed and considered the information contained in the Final
EIR, appendices to the Final EIR and the administrative record, finds, 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 agricultura/ land to
nonagricultural uses is considered a significant and unavoidable project impact.
Facts Supportino Findino
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 SUDPortino Findino
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 like/y 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 proposed 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 y-:.I'i(F
uses. The General Plan provides policies that promote compact growth, avoid allowing:~p
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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. Development 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 Findinqs
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 agricultural 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 Genera/ 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 Agricu/tural 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 E/R identified an unavoidable adverse
aesthetic impacts, with buildout of the General Plan.
Facts SUDDortinq 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, noise, air quality, biological resources, any unknown cultural
resources, and public services and utilities.
Implementation of the No Project Alternative would avoid the environmental impacts
identified for the proposed Project, however, this Alternative would not preclude the
potential for development of the Project site at some future date. The development of
this site and the surrounding areas has been envisioned in local and regional planning
documents. Given the level of existing and planned development in southwest
Bakersfield, it may be anticipated that the development of the Project site would be
proposed for construction at a future date.
The No Project Alternative was rejected as not being environmentally superior to the
proposed Project. The No Project Alternative does not meet the Project objectives. This
Alternative would also be inconsistent with the General Plans for the City of Bakersfield
and County of Kern.
"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.óAK('i
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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.
· Alternative Site Location 2. The northern half of Section 28, south of Panama
Road, between Gosford Road and Ashe Road.
· A/ternative Site Location 3. The western half of Section 20, southeast of the
intersection of Pacheco Road and Old River Road.
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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
Project/No Development" Alternative is the "Environmentally Superior" Alternative, then
the EIR shall also identify an Environmentally Superior Alternative among the other
Alternatives in this case. The "No Project/No Development" Alternative (Existing
Conditions) is the environmentally superior Alternative, as it would not result in
environmental impacts associated with construction. However, the "No Project/No
Development" Alternative would not satisfy the Project's objectives.
The "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.
JN 10-103584
58 of 58
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