HomeMy WebLinkAboutRES NO 188-05
RESOLUTION NO.
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RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO.
04-0853, AN AMENDMENT TO THE LAND USE AND
CIRCULATION ELEMENTS OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, GENERALLY BOUNDED BY
THE RIO BRAVO COUNTRY CLUB PROPERTY ON THE NORTH,
WITH COMANCHE DRIVE LOCATED TO THE WEST, AND
BRECKENRIDGE ROAD TO THE SOUTH.
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on TUESDAY, JULY 5,
2005 and THURSDAY, JULY 7, 2005 on General Plan Amendment No. 04-0853 of the proposed
amendment to the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan,
notice of the time and place of hearing having been given at least twenty (10) calendar days before said
hearing by publication in The Bakersfield Californian, a local newspaper of general circulation: and
WHEREAS, GFC Properties, Inc., made application for a general plan amendmentfor property
generally bounded by the Rio Bravo Country Club property on the north, with Comanche Drive located to
the west, and Breckenridge Road to the south, as shown in attached Exhibit "A," to allow development
of a single family and limited multiple family developments on approximately 617 acres, more specifically
stated as follows:
General Plan Amendment No. 04-0853:
A request to amend the General Plan from R-EA (Resource Extensive Agriculture) to
LR (Low Density Residential) on 600± acres and LMR (Low Medium Density) on 17±
acres.
A request to amend the Circulation Element of the General Plan to eliminate one
unnamed collector street segment extending from Chase Avenue within the project
site and reclassify a separate unnamed collector street extending from Miramonte
Drive connecting to the Rio Bravo Country Club to a local street designation.
WHEREAS, for the above-described project, an Initial Study was conducted and it was
determined that the proposed project would have a significant effect on the environment and therefore,
an Environmental Impact Report (EIR) for the project was prepared in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant for the property owner has indicated the purpose of the request is to
develop single and limited multiple family land uses within the City of Bakersfield; and
WHEREAS, the project site lies within a path of development with approved urban development
projects in progress; and
WHEREAS, adjacent urban development projects as well as local government agency efforts
have extended or will extend supporting utilities and infrastructure adjacent to the property; and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 97-05, adopted on July 7, 2005:
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1. The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by city staff
and the Planning Commission; and
2. All required notices have been given; and
3. The provisions of CEQA have been followed; and
4. Based on the initial study and comments received, staff has determined that the
proposed project could have a significant effect on the environment. An Environmental
Impact Report was prepared for the project in accordance with CEQA; and
5. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan: and
5. The amendment to change the Land Use designation Plan from R-EA (Resource
Extensive Agriculture) to LR (Low Density Residential) on 600± acres and LMR (Low
Medium Density) on 17± acres is consistent with the Metropolitan Bakersfield General
Plan; and
6. The amendment to change the Circulation Element of the General Plan to eliminate
one unnamed collector street segment extending from Chase Avenue within the
project site and reclassify a separate unnamed collector street extending from
Miramonte Drive connecting to the Rio Bravo Country Club to a local street
designation is consistent with the Metropolitan Bakersfield General Plan.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows:
1.
The above recitals and findings incorporated herein by reference are true and correct
and constitute the Findings of the City Council in this matter.
2.
The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
3.
That General Plan Amendment No. 04-0853 to the Land Use Element is hereby
approved to LR (Low Density Residential) on 600± acres and LMR (Low Medium
Density) on 17± acres as requested by the applicant and as recommended by the
Planning Commission and shown on the attached map in Exhibit "A", subject to the
conditions of approval/mitigation measures for the project as shown in Exhibit "C" and
Mitigation Monitoring and Reporting Checklist adopted in the Final Environmental
Impact Report as shown in Exhibit "F".
4.
That General Plan Amendment No. 04-0853 to the Circulation Element is hereby
approved to change the Circulation Element of the General Plan to eliminate one
unnamed collector street segment extending from Chase Avenue within the project
site and reclassify a separate unnamed collector street extending from Miramonte
Drive connecting to the Rio Bravo Country Club to a local street designation as
requested by the applicant and as recommended by the Planning Commission and
shown on the attached map in Exhibit "B" subject to the conditions of
approval/mitigation measures for the project as shown in Exhibit "C" and Mitigation
Monitoring and Reporting Checklist adopted in the Final Environmental Impact
Report as shown in Exhibit "F".
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5. Attached Exhibit "D" containing the "Statement of Facts and Findings" are appropriate
and incorporated into the project.
6. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related
to significant unavoidable impacts to aesthetics is appropriate and adopted for the
project.
7. Based on the absence of evidence in the record as required by Section 21082.2 of
the State of California Public Resources Code (CEQA) for the purposes of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with regard to
wildlife resources and, therefore must be granted a "de minimus" exemption in
accordance with Section 711 of the State Resources Code. Additionally the
assumption of adverse effect is rebutted by the above-referenced absence of
evidence in the record and the lead agency's decision to prepare an Environmental
Impact Report.
8. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on 'lUG 1 7 2DD5
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
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio C rk of the
Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bake
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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EXHIBIT A
B
C
D
E
F
Land Use Element Amendment Map
Circulation Element Amendment Map
Conditions of Approval/Mitigation Measures
Statement of Facts and Findings
Statement of Overriding Considerations
Mitigation Monitoring and Reporting Checklist
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EXHIBIT A
LAND USE ELEMENT AMENDMENT MAP
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EXHIBIT B
CIRCULATION ELEMENT AMENDMENT MAP
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EXHIBIT C
CONDITIONS OF APPROVAL AND
MITIGATION MEASURES
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EXHIBIT C
CONDITIONS OF APPROVAUMITIGATION MEASURES
GENERAL PLAN AMENDMENT #04-0853
DISCRETIONARY CONDITIONS:
CITY ATTORNEY
1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant, and/or property
owner andlor subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City
of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein)
against any and all liability, claims, actions, causes of action or demands whatsoever against them,
or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising
from, the terms and provisions of this application, including without limitation any CEQA approval or
any related development approvals or conditions whether imposed by the City, or not, except for
City's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any decision by the
City related to this project and the obligations of this condition apply regardless of whether any other
permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall
be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense
of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity
or party.
PUBLIC WORKS
The City is willing to enter into reimbursement agreements for the Public Works Department Conditions
of Approval identified in Conditions NO.3 and 12 below subject to approval of appropriate City staff and,
if necessary, City Council. Reimbursement shall be predicated on subsequent development of the area
benefited.
2. Prior to recordation of any subdivision or development of any portion of the project area, the
developer shall construct a local street connection from Miramonte Drive (future) to the required
terminus of Vernazza Street or Via Genoa at the southerly boundary of the Rio Bravo Golf Course
(street connection which was reclassified from a collector street to a local street with this project).
3. Prior to recordation of any phase or development of any site within the project area, the developer
shall complete construction of a street connection from existing Miramonte Drive to Chase Avenue,
and between Miramonte Drive and Comanche Road along the Chase Avenue alignment. Street
connections shall consist of thirty-two feet of paving plus graded shoulders. The developer shall
stripe the Class 3 bike lane on the 32 foot wide street. This requirement to construct this street
connection shall supersede miti~ation measures allowing for construction of this street connection
prior to development of the 200 residential unit. Developer may request the formation of a Major
Road and Thoroughfare District for the construction of Miramonte Drive and Comanche Road for
reimbursement of costs in excess of their proportionate share.
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Road construction required by conditions two and three above may be deferred until recordation of
the first final map for residential development (or phase thereof) if the applicant provides the City with
assurances in the form of a recorded agreement or other mechanism approved by the City that the
streets will be constructed and available for use prior to recordation of the first final tract map for
residential development.
4 Prior to recordation of the phase containing the 200lh lot, the developer shall provide secondary
emergency access to Breckenridge Road to the satisfaction of the Fire and Public Works
Departments.
5. Prior to recordation of any phase, where the combined aggregate of recorded phases will contain
30% of the residential units (390 units) or 30% of the developable land, the developer shall construct
street connections to Breckenridge Road. Street connections shall consist of thirty-two feet of paving
plus graded shoulders.
6. Along with submittal of any development plan, tentative subdivision map, or application for a lot line
adjustment, the following shall occur:
6.1. Provide fully executed dedication for the future collectors and arterials if necessary, for the full
frontages of the area within the GPA request. Dedications shall include sufficient widths for
expanded intersections and additional areas for landscaping as directed by the City Engineer.
Submit a current title report with the dedication documents.
6.2.Submit a comprehensive drainage study to be reviewed and approved by the City Engineer.
No more than 1 sump per 80 acres may be utilized to serve this area; these sumps should be
located so that they may be available to serve adjacent areas as they develop. If only one
sump is utilized to serve this GPAlZC area, it need not be so located. The study shall be
approved and any required retention site and necessary easements dedicated to the City.
6.3. Sewer service must be provided to the GPAlZC area. The developer shall be responsible for
the initial extension of the sewer line to serve the property. This sewer line must necessarily
be sized to serve a much larger area that the project area. The City is willing to aid the
developer in the formation of a Planned Sewer Area and/or an Assessment District to provide
a mechanism for the reimbursement of oversizing costs to the developer.
7. Access to the arterial and collector streets will be limited and determined at time of division or
development. Determination of whether a right turn lane is required at the access street(s) will also
be made at the time of division or development. Submit specific plan lines for all collectors and shall
be approved by the City Engineer.
8. Access to the project area is provided from Miramonte Drive, Comanche Drive and Breckenridge
Road. With the development of the project area, approved, improved access to the site must be
provided. The required improvements shall be 32 feet of paving meeting City design standards for a
collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way
and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-
front costs for eminent domain proceedings and enter into an agreement and post security for the
purchase and improvement of said right of way. A major bridge and thoroughfare district may be
formed to assist in the costs of construction of the streets.
g. The entire area covered by this General Plan Amendment shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance
District with submittal of any development plan, tentative subdivision map, Site Plan Review, or
application for a lot line adjustment for any portion of this GPA area.
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Rio Bravo #3/ZC 04-0853
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10. Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee nor included with normal development improvements) as indicated in
Tables 8 and 9 of the traffic study. An estimate and fee schedule should be developed by the
applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate
shares based PM peak trips from study as follows:
Local Mitigation
STREET/INTERSECTION MITIGATION % SHARE
Alfred Harrell Hwy and Future Install Signal 12.15%
SR 178 EB
Alfred Harrell Hwy and Future Install Signal 14.71%
SR 178 WB
Masterson St and Future SR 178 Install Signal 19.13%
EB
Alfred Harrel Hwv and Hwv 178 Add north bound left turn lane 28.4%
Miramonte Dr and Hwy 178 Install Signal, add north and 33.25%
south bound left turn lanes
Comanche Dr and Chase Ave Install Signal, add left turn lanes 40.76%
all directions
Miramonte Dr and Chase Ave Install Signal, add east bound left
turn lane and south bound right 100%
turn lane
Comanche Dr and Breckenridge Add left turn lanes all directions 38.56%
Rd
MorninQ Dr and SR 184 Add east bound left turn lane 12.77%
Comanche Dr and SR 58 wb Install signal, add north bound 56.69%
left turn lane
Comanche Dr and SR 58, EB Install signal, add east bound
right turn lane and south bound 31.58%
left turn lane
SR 184, Brundage Ln to Edison Add 2 lanes 3.08%
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11. The traffic study shows approximately 45% of the project traffic utilizing the future collector
connection of Chase Ave to Comanche Dr. and approximately 25% of the project traffic utilizing
the future collector that connects south to Breckinridge Rd. Timing of these connections shall be
made based upon an approved phasing plan and constructed to a minimum paved width of 32
feet plus graded shoulders, additional paving at the major streets shall be included for left and
right turn channelization. Connections at Comanche Dr. and at Breckenridge Rd. shall include
widening those respective streets to provide left and right turn channelization.
12. Comanche Dr. between Hwy 178 and Edison Hwy. is a 55MPH street designated as a Class 3
bikeway on the 2010 General Plan. It is presently a popular bike route with little or no paved
shoulders. The study shows project traffic will more than double the existing traffic between Hwy
178 and Edison Hwy. With construction of the segment of Chase Ave. between Comanche Drive
and Miramonte Drive, add 4 foot paved shoulders on Comanche Road from Chase Ave. north to
Hwy 178, where none exists. With construction of the segment of Chase Avenue from
Miramonte Drive to Breckenridge Rd, add 4 foot paved shoulders on Comanche Road from
Chase Ave to Edison Hwy. This requirement is consistent with the Chapter 1000, "Bikeways" of
the adopted Highway Design Manual. :",
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13. Reoional Transportation Impact Fee
Pay the residential fees established by special study, as adopted at time of development. Said study
shall be submitted and approved prior to recordation of any map or approval of any site plan.
PLANNING
14. Prior to submittal of the first subdivision map or development plan, the developer shall submit an
application for a Specific Plan Amendment for alignments of Chase Avenue and Miramonte Drive
as proposed.
RECREATION AND PARKS DEPARTMENT
15. Prior to submittal of the first subdivision map or development plan, the developer shall submit an
application to annex the project area into the Specific Parks and Trails Plan for Northeast
Bakersfield.
16. Prior to recordation of a subdivision map or prior to development of a multi-family project, the
developer shall dedicate andlor reserve 6 acres of park land in the area of Miramonte Drive and
Chase Avenue and shall dedicate 3 acres of park land in the northeast area of the project (near
the California Water Service tank). These two parks shall be connected by trails as specified in
the North East Bakersfield Parks and Trails Plan.
MITIGATION MEASURES:
GEOLOGY AND SEISMIC HAZARDS
17. On-site grading shall occur in conformance with established City engineering guidelines and shall
be balanced on-site. Grading and slope contouring shall adhere to provisions as set forth in the
Bakersfield Municipal Code regarding hillside development (Chapter 17.66 HD, Hillside
Development Combining Zone). Compliance with this measure is subject to review and approval
by the City Engineer.
18. Prior to issuance of grading permits for each development, a site specific soils report shall be
completed to the satisfaction of the City Engineer, that further characterizes and analyzes on-site
soil conditions, and identifies appropriate measures to be implemented to control erosion and
dust. The results of the study shall be used as the basis to complete the required Storm Water
Pollution Prevention Plan (SWPPP), which includes erosion control measures in order to comply
with the National Pollution Discharge Elimination System (NPDES) requirements of the Federal
Clean Water Act. Temporary, construction-related, and permanent erosion control measures may
include but not be limited to the use of sandbags, hydroseeding, landscaping, andlor soil
stabilizers.
19. The overall shape, height and grade of any cut and fill slope contour shall be developed in
concert with the existing natural contours and scale of the natural terrain, as prescribed in
Chapter 17.66 of the Bakersfield Municipal Code. The graded form shall reflect the natural,
rounded terrain, wherever possible. The grading plan shall also reflect a contouring and
landscaping program intended to control erosion. Compliance with this measure is subject to
review and approval by the City Engineer.
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20. Prior to approval of tract maps, a subsurface investigation that includes exploratory trenching
shall be conducted to analyze existing and potential fault hazards associated within the two
Alquist Priolo Fault Zone boundaries identified to the north and south as indicated in the
Geological Hazards Investigation. The subsurface investigation(s) within the Aliquist Priolo Fault
Zones shall be performed to provide the adequate level of information to adequately establish
appropriate setbacks and siting of future structures. Future development shall not occur in these
areas until further investigations conclude otherwise to the satisfaction of the City Planning
Director.
21. Engineering design for all future structures shall be based on the probability that the Project area
will be subjected to strong ground motion during the lifetime of development. Future project
development plans shall be subject to the Bakersfield Municipal Code (including Chapter 17.66
Hillside Development) and shall include standards that address seismic design parameters.
Seismic ground shaking shall be incorporated into design and construction in accordance with the
UBC requirements and site specific design.
22. No mitigation measures are recommended beyond the goals, policies, and implementation
measures as identified in the Metropolitan Bakersfield General Plan.
23. To ensure stability, created slopes shall be keyed, benched and compacted to the satisfaction of
the City Building Director. Specific slope stability calculations, analysis and design of slopes shall
be conducted during future geotechnical studies on a project-by-project basis and submitted to
the City Building Director for approval prior to issuance of grading permits.
HYDROLOGY AND WATER QUALITY
24. Prior to the approval of final project plans and specifications, the City Engineer, or his designee,
shall confirm that recommended design elements have been incorporated so that the Project site
will be adequately protected from the 1 DO-year storm, will not adversely impact downstream
properties, and is designed in conformance with applicable City and County requirements.
25. Drainage system design requirements for the future developments and all future roadways shall
include, but not limited to:
a) Future on-site roadways shall be designed to accommodate adequate flow capacity.
b) Appropriate minimum storm drain pipe size diameter as specified by the City Engineer.
c) Storm drain flow velocity limitations as specified by the City Engineer.
26. Adherence to the City of Bakersfield Subdivision Ordinance and Breckenridge Planned Drainage
Area Plan is achieved with the payment of fees used for the purposes of defraying the costs of
constructing planned drainage facilities and sewers. Projects within the Breckenridge Planned
Drainage Area are subject to a fee per acre for the Project site. Adherence to hillside
development codes and regulations shall also be required for future development. Proof of
payment shall be provided to the Planning Director prior to the recordation of Final Tract maps.
27. Prior to approval of individual development projects, the Director of Public Works or his/her
designee, shall confirm that the plans stipulate that prior to issuance of any grading permits, the
project applicant shall be responsible for filing a Notice of Intent (NOI) and for filing the
appropriate fees pursuant to the NPDES program. The Project contactors shall incorporate
stormwater pollution control measures into a SWPPP. BMPs shall be implemented to the
maximum extent possible. Evidence that proper clearances have been obtained through the
SWRCB, including coverage under the NPDES statewide General Stormwater Permit for
Construction Activities, must be demonstrated. A Standard Urban Storm Water Mitigation Plan
(SUSMP) shall be required as required in the NPDES permit for the area of the Project site
draining to the Kern River.
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28. Future projects shall exercise special care during the construction phase to prevent any off-site
impacts. Erosion control measures and temporary desiltationldetention basins shall be in place,
as approved by the Director of Public Works. The basins and erosion control measures shall be
shown and specified on the grading plans and shall be constructed to the satisfaction of the
Director of Public Works prior to the start of any other grading operations.
PUBLIC HEALTH AND SAFETY
29. Soil within the Project site is reported to contain elevated concentrations of hazardous materials
above regulatory cleanup levels. Prior to issuance of grading permits, all lead and potential
barium contaminated soil locations identified in the Phase I ESA and Phase II Limited Soils
Investigation shall be remediated below hazardous levels established by Title 22 of the California
Code of Regulations and to the satisfaction of the City Fire Prevention Services. General
remediation measures may include, but not be limited to the following:
a) Excavation and disposal at a permitted, off-site facility;
b) On-site treatment; or
c) Other procedures deemed appropriate by the identified agency with closure
responsibilities.
30. All areas with bare soil exposed as a result of Project earthwork activities shall be landscaped at
the earliest time possible or stabilized by watering when winds exceed 20 miles per hour (mph) in
order to reduce the potential inhalation of spores causing Valley Fever.
31. Prior to the recordation of any final map affected, the Project contractor shall coordinate with the
Division of Oil, Gas, and Geothermic Resources to verify that the existing abandoned wells meet
current closure requirements. Should abandonment or reabandonment be required, appropriate
closure activities shall be completed under consultation with the Division of Oil, Gas, and
Geothermal Resources. Verification of adequate abandonment or reabandonment shall be
provided to the Planning Director prior to the recordation of any final map affected.
AESTHETICS, LIGHT, AND GLARE
32. Temporary construction equipment staging areas shall be located within the Project site through
the duration of construction. Appropriate screening (e.g., temporary opaque fencing [six feet in
height)) will be used to buffer views of construction equipment material, when feasible. All
construction activities shall also be consistent with the Bakersfield Municipal Code requirements
and conditions of approval. Staging locations shall be indicated on final grading plans.
33. Future on-site development shall be completed in compliance with the goals and policies of the
Metropolitan Bakersfield General Plan, Chapter 17.66, Hillside Development Combining Zone of
the Bakersfield Municipal Code, and the goals and policies of the Metropolitan Bakersfield
General Plan.
34. Grading for future development phases shall be designed in accordance with acceptable grading
criteria as defined in Chapter 17.66, Hillside Development Combining Zone of the Bakersfield
Municipal Code. Grading plans shall consider the following: 1) manufactured cut and fill slopes
exceeding ten feet in height which are exposed to any public view shall be landform graded so
that their ultimate appearance will resemble a natural slope and 2) slopes along streets and
highways, slopes adjacent to parks, schools, open spaces, and other public facilities shall be
engineered to retain as much natural slope as possible. Compliance with this measure is subject
to grading plan review and approval by the City Engineer prior to issuance of grading permits.
35. Maximum grade of streets, public or private, and other access easements shall be determined in
accordance with a Policy on Geometric Design of Highways and Streets, American Associatio!,\"Qlf" ,-
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State Highway and Transportation Officials (AASHTO) 1990, for design of maximum grades for
arterials, collectors, and local streets.
36. Lighting for all future on-site development proposals shall be designed in accordance with the
goals and policies of the Metropolitan Bakersfield General Plan. This measure is subject to the
requirements of the Bakersfield Municipal Code.
37. Exterior lighting shall be implemented pursuant to standards and specifications contained in
Bakersfield Municipal Code Section 13.12.030 (B), Subdivision Design Manual, and other
applicable standard manuals referenced under Section 13.12.030 (B) which include minimization
measures for outside lighting to utilize low pressure sodium lighting and/or the provision for
lighting to be shielded and filtered according to wattage and lamp type.
38. With submittal of a grading plan, a Traffic Management Plan (TMP) shall be submitted for review
and approval to the City of Bakersfield Public Works Department. Such plan shall consist of prior
notices, adequate sign posting, and detours (including for pedestrians and bicyclists). The TMP
shall specify implementation timing of each plan element (prior notices, sign-posting, detours,
etc.) as determined appropriate by the City Engineer. The TMP shall be reviewed and approved
by the City Police and Fire Departments so that construction does not interfere with any
emergency response or evacuation plans. Construction activities shall proceed in a timely manner
to minimize impacts.
39. Proper detours and warning signs shall be established to ensure public safety. This includes the
use of proper lighting (where appropriate); fencing and shielding; proper storage of equipment
and construction supplies; and covering loose piles of soil, silt, clay, sand debris, or other earthen
material.
40. Prior to issuance of building permits, the Project Applicant shall comply with the City's Regional
Transportation Impact Fee Program (RTIF) in accordance with the standard residential,
commercial, and industrial per- lot rate.
41. For impacted intersections subject to fair-share improvements (refer to EIR Tables 5.6-11 and
5.6-13 on the following pages), the Project Applicant shall participate in the improvements
required on a pro-rata fair-share basis, as indicated in EIR Table 5.6-16, (Future Intersection
Improvements and Local Mitigation).
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2024 No Project 2024 Plus Significant
Intersection Movement Project Impact?
1.1 Unsignalized
Ifred Harrell Hwy & WB C C No
Future SR 178 EB D E Yes
\/Iasterson St & WB B B No
Future SR 178 EB B B No
\/Ioming Dr & SB - - -
SR 178
ineland Rd & WB A A No
Future SR 178 EB A A No
\/Iasterson St & NB F F No
~R 178 SB F F No
\/lira monte Dr & NB F F No
SR 178 SB B C No
Rancheria Rd & SB B B No
~178
oming Dr - SR 184 & EB F F No
Breckenridge Rd WB F F No
\/Iorning Dr - SR 184 & WB C C No
SR 58 EB F F No
::omanche Dr & WB A B No
SR 58 EB A B No
1.2 Signalized
:)swell St & SR 178 WB C C No
EB B B No
Fairfax Rd & SR 178 - -
o,lfred Harrell Hwy & SR 178 - C D Yes
\/Iorning Dr - SR 184 & - C C No
Edison Hwy
\/Ioming Dr - SR 184 & - C C No
Brundage Ln Source: TraffIC StudY, crecared bv Ruettaers & Schuler, December 2004.
TABLE 5.6-11
AM Peak Hour Intersection LOS - Future
Future Without Proiect AM Traffic Sianal Warrant
Based on Caltrans Traffic Manual, peak-hour signal warrants were evaluated for each of the
intersections in the study area based on future without Project AM peak-hour intersection
volumes (refer to Table 5.6-12, AM PEAK HOUR TRAFFIC SIGNAL WARRANTS -
FUTURE). As indicated in Table 5.6-12, the following study intersections satisfied the warrant
analysis, based on the future without Project AM peak-hour volumes:
· Alfred Harrell Hwy at Future SR 178;
· Masterson St at Future SR 178;
· Masterson St at SR 178;
· Miramonte Dr at SR178;
· Morning Dr - SR 184 at Breckenridge Road; and
· Morning Dr - SR 184 at SR 58.
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2024 No 2024 Plue Significant
Intersection Movement Project Project Impact?
1.3 Unsignalized
Ifred Harrell Hwy & Future SR 178 WB B B No
EB B B No
Masterson St & Future SR 178 WB B B No
EB B C No
Morning Dr & SR 178 SB - - -
¡neland Rd & Future SR 178 WB A A No
EB A A No
Masterson St (Edison Rd) 3 & SR 178 NB F F No
SB F F No
Miramonte Dr & SR 178 NB F F No
SB D F Ves
Rancheria Rd & SR 178 SB B B No
Edison Rd & Chase Av Overall B B No
Intersection
Comanche Dr & Chase Av EB C F Ves
WB - F No
Miramonte Dr & Chase Av Overall - B No
Intersection
Comanche Dr & Breckenridge Rd Overall B E Ves
Intersection
Chase Av & Breckenridge Rd Overall - B No
Intersection
Morning Dr - SR 184 & Breckenridge Rd EB F F No
WB F F No
ineland Rd & Breckenridge Rd NB B B No
SB B B No
Edison Rd & Breckenridge Rd NB B B No
SB B B No
Morning Dr - SR 184 & SR 58 WB C C No
EB F F No
Comanche Dr & Edison Hwy Overall A B No
Intersection
C;omanche Dr & SR 58 WB B B No
EB B C No
ignalized
Oswell St & SR 178 WB B B No
EB C C No
Fairfax Rd & SR 178 - -
Ifred Harrell Hwy & SR 178 - D D No
Morning Dr - SR 184 & Edison Hwy - C C No
Morning Dr - SR 184 & Brundage Ln - C C No
ource: TraffIC Study, prepared by Ruettgers & Schuier, December 2004.
TABLE 5.6-13
PM Peak Hour Intersection LOS - Future
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Future Without Proiect PM Traffic Sianal Warrant
Based on the Galtrans Traffic Manual, peak-hour signal warrants were evaluated for each of
the intersections in the study area based on future without Project PM peak-hour intersection
volumes (refer to Table 5.6-14, PM PEAK HOUR TRAFFIC SIGNAL WARRANTS -
FUTURE). As indicated in Table 5.6-14, the following intersections satisfy the signal warrant
analysis, based on future without Project PM peak-hour volumes:
· Alfred Harrell Hwy at Future SR 178 eastbound
· Masterson Street at Future SR 178 eastbound
· Masterson Street at SR 178
· Miramonte Drive at SR 178
· Comanche Drive at Breckenridge Road
· Morning Drive - SR 184 at Breckenridge Road
· Morning Drive - SR 184 at SR 58 westbound
· Morning Drive - SR 184 at SR 58 eastbound
TABLE 5.6-16
Future Intersection ImDrovements & Local Mitiaation
Total 1m provomento Local Mitigation Project % Share
Intersection (Improvemento not for Local
Required by 2024 covered bv RTIF) Mitiaation
IIlfred Harrell Hwy & Future SR Install Signal Install Signal 12.15%
178 EB (12.15 %)
r.'Iasterson St & Future SR 178 Install Signal Install Signal 14.71%
WB (14.71 %)
r.'Iasterson St & Future SR 178 Install Signal - 1 NBT, Install Signal 19.13%
EB 1 SBT (19.13 %)
r.'Iasterson St & SR 178 Install Signal - 1 EBT,
1 WBT, 1 WB R, 1 NBL,
1 NBT, 2 SBL, 1 SBT
¡A.lfred Harrell Hwy & SR 178 1 NBL, 1 SBL 1 NBL 21.24%
(28.4%)
r.'Iiramonte Dr & SR 178 Install Signal - 1 EBL , Install Signal - 1 NBL 22.53%
1 NBL (striping only), (striping only), 1 SBL (33.25 %)
1 SBL
f-'0manche Dr & Chase Av Install Signal - 1 EBL, Install Signal - 1 EBL. 36.1%
1 WBL, 1 NBL, 1 SBL 1 WBL, 1 NBL, 1 SBL (40.76%)
r>1iramonte Dr & Chase Av Install Si9nal - 1 EBL, Install Signal - 1 EBL, 100%
1 SBR 1 SBR (100%)
Comanche Dr & Breckenridge Install Si9nal- 1 EBL, Install Signal - 1 EBL, 32.9%
Rd 1 WBL, 1 NBL, 1 SBL 1 WBL, 1 NBL, 1 SBL (38.56%)
Morning Dr - SR 184 & Install Signal - 1 EBL, 1 EBL 5.6%
Breckenridge Rd 1 WBL, 1 NBL, 1 SBL (12.77%)
Mornin9 Dr - SR 184 & SR 58 Install Signal - -
WB
Morning Dr - SR 184 & SR 58 Install Signal - -
FB
Comanche Dr & SR 58 WB Install Signal - 1 NBL Install Signal - 1 NBL 33.33%
(56.69 %)
Comanche Dr & SR 58 EB I\nstall Signal - 1 EBR, I\nstall Signal - 1 EBR. 17.08%
1 SBL 1 SBL (31.58%)
Source: Traffic Study, prepared by RuoUgers & Schuler, December 2004.
%) = Caltrans Percent Share NB = Northbound 5B = Southbound WB = Westbound
ÈB = Eastbound L = Left-Turn Lane T = Through Lane R = Right-Turn Lane
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NOISE
42. Prior to issuance of grading permits, the contractor shall provide evidence acceptable to the City
Planning Department that (1) all construction equipment, fixed or mobile, operated within 1,000
feet of a dwelling unit shall be equipped with properly operating and maintained mufflers; (2)
construction activities shall be limited to the designated daytime hours as specified by the City of
Bakersfield (currently 6 AM to 9 PM on weekdays and 8 AM and 9 PM on weekends). No
construction is allowed on Federal holidays. These restrictions apply to all trucks, vehicles, and
equipment that are making or involved with material deliveries, loading or transfer of materials,
equipment service, and maintenance of any devices for or within the Project construction site.
43. During construction, stationary construction equipment shall be placed such that emitted noise is
directed away from noise-sensitive receptors, to the satisfaction of the Building Official.
44. Prior to approval of the Project plans and specifications by the City Planning Department, the
construction contractor shall incorporate feasible muffling features into all construction vehicles
and equipment and into construction methods, and shall maintain all construction vehicles and
equipment in efficient operating condition.
45. The Project plans and specifications prior to approval by the City Planning and Building
Departments, shall stipulate that stockpiling and construction vehicle staging areas shall be
located as far away as practical from noise-sensitive receptors during construction activities.
46. Prior to residential development, an acoustical noise analysis shall be prepared to ensure that
exterior and interior noise levels are met. Residential buildings or structures shall prepare an
acoustical analysis showing that the building has been designed to limit intruding noise to the
level prescribed (interior of 45 dBA CNEL and exterior 65 dBA CNEL). To the extent feasible, the
following site-planning techniques shall be implemented:
a) Increasing the distance between the noise source and the receiver.
b) Using non-noise sensitive structures such as garages to shield noise-sensitive areas.
c) Orienting buildings to shield outdoor spaces from a noise source.
d) Incorporating architectural design strategies, which reduce the exposure of noise-
sensitive spaces to stationary noise sources (i.e., placing bedrooms or balconies on the
side of the house facing away from noise sources). These design strategies shall be
implemented based on recommendations of an acoustical analysis for individual
developments, as required by the City to comply with City noise standards.
e) Incorporating noise barriers, walls, or other sound attenuation techniques, based on
recommendations of acoustical analysis for individual developments, as required by the
City to comply with City noise standards.
f) Modifying elements of building construction (i.e., walls, roof, ceiling, windows, and other
penetrations), as necessary to provide sound attenuation. This may include sealing
windows, installing thicker or double-glazed windows, locating doors on the opposite side
of a building from the noise source, or installing solid-core doors equipped with
appropriate acoustical gaskets.
g) Prior to issuance of building permits, the Project applicant shall submit written verification
to the City Planning Department stating that standard manufacture operational
specifications comply with the NLPS Limit of 50 dBA or better on all exterior electrical and
mechanical equipment (i.e., ventilation and our conditioning units and pool equipment).
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AIR QUALITY
SHORT-TERM (CONSTRUCTION) EMISSIONS
47. To minimize engine exhaust emissions during Project construction, the Applicant shall implement
the following measures:
a) Properly and routinely maintain all construction equipment, as recommended by
manufacturer's manuals, to control exhaust emissions.
b) Shut down equipment when not in use for extended periods of time, to reduce exhaust
emissions associated with idling engines.
c) Encourage ride-sharing and use of transit transportation for construction employees
commuting to the Project site.
d) Use electric equipment for construction whenever possible in lieu of fossil fuel-tired
equipment.
e) Curtail construction during periods of high ambient pollutant concentrations.
f) Construction equipment shall operate no longer than eight cumulative hours per day.
g) All construction vehicles shall be equipped with proper emission control equipment and
kept in good and proper running order to reduce NOx emissions.
h) On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under
manufacturer's guidelines.
i) On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted
under manufacturer's guidelines.
j) On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR)
if permitted under manufacturer's guidelines.
k) Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic
and available to reduce NOx emissions.
I) All construction activities within the project area shall be discontinued during the first stage
smog alerts.
m) Construction and grading activities shall not be allowed during first stage ozone alerts.
First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour
average).
48. Construction of the Project requires the implementation of control measures set forth under
Regulation VIII of the San Joaquin Valley Air Pollution Control District (SJAPCD) Fugitive PM,o
Prohibition. The following mitigation measures, in addition to those required under Regulation VIII
of the SJVAPCD, shall be implemented to reduce fugitive dust emissions:
a) Water previously disturbed exposed surfaces (soil) a minimum of three-times/day or
whenever visible dust is capable of drifting from the site or approaches 20% opacity.
b) Water all haul roads (unpaved) a minimum of three-times/day or whenever visible dust
from such roads is capable of drifting from the site or approaches 20% opacity.
c) All access roads and parking areas shall be covered with asphalt-concrete paving or water
sprayed regularly.
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d) Dust from all on-site and off-site unpaved access roads shall be effectively stabilized by
applying water or using a chemical stabilizer or suppressant.
e) Reduce speed on unpaved roads to less than 15 miles per hour.
f) Install and maintain a trackout control device that meets the specifications of SJVAPCD
Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per
day by vehicle with three or more axles
g) Stabilize all disturbed areas, including storage piles, which are not being actively utilized
for construction purposes using water, chemical stabilizers or by covering with a tarp,
other suitable cover or vegetative ground cover.
h) Control fugitive dust emissions during land clearing, grubbing, scraping, excavation,
leveling, grading, or cut and fill operations with application of water or by presoaking.
i) When transporting materials offsite, maintain a freeboard limit of at least six inches and
cover or effectively wet to limit visible dust emissions.
j) Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the
end of each workday. (Use of dry rotary brushes is prohibited except when preceded or
accompanied by sufficient wetting to limit visible dust emissions and use of blowers is
expressly forbidden).
k) Stabilize the surface of storage piles following the addition or removal of materials using
water or chemical stabilizerlsuppressants.
I) Remove visible track-out from the site at the end of each workday.
m) Cease grading activities during periods of high winds (greater than 20 mph over a one-
hour period).
n) Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of
cutback, slow-cure and emulsified asphalt paving materials.
0) Grading should be conducted in phases.
p) Project site shall not be cleared of existing vegetation cover until required by construction.
q) The project developer shall revegetate graded areas as soon as it is feasible after
construction is completed.
49. Prior to issuance of any building permits, Contractors and/or the Developer shall submit a written
statement to the City of Bakersfield Planning Department stating that they shall maintain records
documenting compliance with all mitigation measures as required and shall make such records
available to the SJVAPCD upon request.
50. Prior to the issuance of any building permits, Contractors and/or the Developer shall submit a
written statement that they will allow an authorized representative of the SJVAPCD to review
construction equipment activity and mitigation measure records for the purpose of assuring
compliance with the applicable requirements of these mitigation measures and all tract
development requirements.
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51. To reduce emissions from mobile sources, incorporate transportation control measures and
design features into the Project. The below-listed control measures provide a strategy to reduce
vehicle trips, vehicle use, vehicle-miles traveled, vehicle engine idling, and traffic congestion for
the purpose of reducing motor vehicle emissions and are therefore required in order to achieve
the necessary emission reduction.
52. To achieve the emissions reductions as described above, mitigation programs such as, but not
limited to the following, shall be considered by the subdivider:
a) The project design shall comply with standards set forth in Title 24 of the Uniform Building
Code to minimize total consumption of energy.
b) The developer shall position as many home sites as possible with a north/south exposure.
c) The developer shall ensure that all residential units are designed in compliance with
SJVAPCD Rule 4901 regarding wood burning fireplaces and wood burning heaters.
d) Applicants shall be required to comply with applicable mitigation measures in the Air
Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and
Indirect Source Rules for the SJVUAPCD.
e) The developer shall petition the Golden Empire Transit District (GET) to conduct a service
study to determine if the project site warrants being annexed into the GET operational
system.
f) Specific bus turnouts and shelters shall be located at appropriate locations to serve
residential sites within the Project area in consultation with the Golden Empire Transit
District. The bus turnouts and shelters shall be planned by developers in the Project area
and local transportation coordinating entities to encourage the efficient and practical use
of public transit entities servicing the Project area.
53. Should the SJVAPCD implement an air quality mitigation program, the subdivider, could elect to
participate as set forth below:
53.1 The Developer may provide emissions offsets through participation in a voluntary
emission reduction program (VERP) through the San Joaquin Valley APCD. The VERP
will require the developer to enter into a binding agreement with the SJVAPCD that will
require the SJVAPCD to:
a) Review the air emission impact assessment protocol and quantification of emission
estimates attributable to the project.
b) Acceptance of the estimated monetary value of the emission reductions to equal the
emissions from the project.
c) Locate and implement the emissions reductions.
d) Certify that the emission reductions have been made to the lead agency and the
developer in the form of a certificate.
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e) During the life of the project, if the City of Bakersfield adopts an emissions mitigation
program that provides equal or more effective mitigation than measures listed in this
analysis, the developer may choose to participate in the City's program to mitigate air
quality impacts.
f) The purchase of Banked Emission Reduction Credits (ERCs) will fully offset the
project. ERCs, which have been approved by the SJVAPCD, are retained in the
emission inventory for the air basin. Purchase and surrender of ERCs removes them
from this inventory, thus fully offsetting the incremental increase to the emissions
inventory from this project. Therefore, the emissions inventory contained in the SIP
and used for the AQAP will not increase as a result of this project and the AQAP
remains valid.
g) Should ERCs not be available or deemed cost effective, the developer may provide
offsets through other means acceptable to the City Planning Department and approved
by the SJVAPCD.
h) Fees paid to the SJVAPCD through an approved indirect source emissions fee
program may be utilized to provide applicable offsets for the proposed Project.
BIOLOGICAL RESOURCES
54. Construction vehicle speed limits shall not exceed 15 mph and shall be posted throughout the site
for the duration of construction activities. Open road culverts shall be provided during construction
to prevent vehicular mortality of fox crossing roads.
55. During construction, all pipes, culverts or similar structures with a diameter of four inches or
greater shall be kept capped to prevent entry of kit fox. If not capped or otherwise covered, the
openings shall be inspected twice daily in the morning and evening and prior to burial or closure
to ensure no kit foxes or other wildlife become entrapped or buried in pipes.
56. Excavations shall be provided with escape ramps or otherwise be covered to prevent entrapment,
or the site shall otherwise be protected during construction through deployment of a wildlife
exclusion fence, which would eliminate the possibility of ranging animals from being harmed
during construction. Open excavations shall be checked twice daily, in the morning and evening,
to preclude loss of wildlife from entrapment.
57. Prior to commencement of construction activities, preconstruction clearance surveys shall be
conducted by a qualified biologist within 60 days of initial ground disturbance in accordance with
the provisions of the MBHCP. Any identified kit fox dens shall be monitored, excavated, and
backfilled in accordance with the MBHCP, the CDFG, and the USFWS. Survey windows for the
San Joaquin kit fox can occur at anytime throughout the year.
58. Preconstruction clearance surveys shall be conducted on no more than 50-foot intervals during
the immediately preceding blunt-nosed leopard lizard survey window, which is occurs in two
seasons: 1) between April 15th and July 15'h; and 2) extending between August 1 sl and September
15'h Surveys shall occur accordingly to the USFWS recommendations for survey days for both
survey seasons.
59. The Project Applicant shall conduct pre-construction surveys prior to ground disturbance to
ensure that no burrowing owls are present on-site and to ensure avoidance of direct take or
accidental entrapment of burrowing owls. If nests are encountered, use agency-approved buffer
zones and avoid nests until the young have fledged. Additionally, the following measures, tak~I;!"
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from the Staff Report on Burrowing Owl Mitigation (CDFG 1995) should be followed in order to
minimize impacts, preserve habitat, and reduce potential impacts to burrowing owls to a level of
less than significant:
a) Occupied burrows shall not be disturbed during the nesting season (February 1 through
August 31) unless a qualified biologist approved by the CDFG verifies through
noninvasive methods that either: (1) the birds have not begun egg-laying and incubation;
or (2) that juveniles from the occupied burrows are foraging independently and are
capable of independent survival.
b) If owls must be moved away from the disturbance area, passive relocation techniques as
described in the Staff Report on Burrowing Owl Mitigation should be used rather than
trapping. At least one or more weeks will be necessary to accomplish this and allow the
owls to acclimate to alternative burrows.
60. The presence of any previously unidentified protected species, which are not addressed in the
MBHCP shall be avoided and evaluated by a qualified biologist. The USFWS and CDFG shall be
notified of previously unreported protected species. Any take of protected wildlife shall be
reported immediately to the CDFG and USFWS.
61. Lighting shall be shaded or shielded and directed down and away from adjacent agricultural
areas to minimize increased predation of species that may be using the adjacent agricultural
fields. Refer to Section 5.5, AESTHETICS, LIGHT AND GLARE, regarding light spill over and
glare mitigation measures.
CULTURAL RESOURCES
62. If archaeological resources are discovered during excavation and grading activities on-site, the
contractor shall stop all work and the City shall retain a qualified archaeologist to evaluate the
significance of the finding and appropriate course of action. Salvage operation requirements
pursuant to Section 15064.5 of the CEQA Guidelines shall be followed and the treatment of
discovered Native American remains shall comply with State codes and regulations of the Native
American Heritage Commission.
63. If human remains are discovered as a result of the Project during any earth removal or
disturbance activities, all activity shall cease immediately and the Kern County Coroner's Office
must be notified immediately under state law and a qualified archaeologist and Native American
monitor shall be contacted. Should the Coroner determine the human remains to be Native
American, the Native American Heritage Commission shall be contacted pursuant to Public
Resources Code Section 50g7.ga.
64. A qualified paleontologist shall be retained to examine earthwork spoils generated during
construction activities. If paleontological resources are discovered the contractor shall stop all
work and the paleontologist shall evaluate the significance of the finding and the appropriate
course of action.
PUBLIC SERVICES AND UTILITIES
65. Future development projects shall be reviewed by the City of Bakersfield Fire Department.
Specific Department requirements for access, fire flow, hydrants, or other fire and life safety
requirements shall be addressed at the subsequent property entitlement phase.
66. Residential projects shall meet fire-flow requirements in accordance with relevant City building
code and City fire codes.
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67. Prior to recordation of the 200th residential unit the Project applicant shall construct a secondary
access connection along the Chase Avenue alignment, from Miramonte to Comanche Drive, to
the satisfaction of the Fire and Public Works Departments.
68. Within the Project site, a minimum of two net acre site for development of a fire station shall be
dedicated to the City. This fire station shall be in the vicinity of the Chase Avenue/Miramonte
Drive intersection. Final site location and timing will be determined by the Fire Department.
69. Several project safety components are fundamental in the development of any new project.
These include, but are not limited to:
a) The prevention of visual hindrances in regards to public gathering locations.
b) Planning considerations and elimination of traffic hazards at the Project's conceptual level.
c) Preventing the manufacturing of unintentional isolation locations for individuals while
engaged in recreational and/or conveyance in or around the Project site.
70. Pursuant to Government Code Sections 65995, 65996, and 65997, mitigation of the proposed
Project's impacts on public school facilities will be limited to the collection of statutory fees
authorized under Education Code Section 17620 and Government Code Sections 65995,
65995.6, and 65995.7 at the time that building permits are issued. Currently these fees are set a
$2.24 per square foot, an amount subject to adjustment every two years. However, if either or
both districts adopt the alternative fees authorized by Government Code Sections 65995.6 and/or
6995.7, fees required for this project may be significantly higher than the current amount.
71. In accordance with an ordinance of the City of Bakersfield, land must be dedicated for park uses
by the developer of new residential subdivision projects at a standard of 2 acres per 1,000
persons (Specific Parks and Trails Plan for Northeast Bakersfield), and the developer must pay
development fees. Location and timing of park facilities to be determined by the City of
Bakersfield.
72. Prior to filing a final tract or parcel map, the developer/owner shall record a covenant for each lot
in the subdivision that prohibits the export of groundwater from the subdivision except by the
water purveyor that is serving the subdivision. Additionally, the developer/owner shall pay City
fees for inspection of installation of water facilities and City Water Availability Fees. Payment of
fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of
each phase of the Project, based on the percentage of the gross acreage contained in the
particular phase to be accepted and recorded, as compared with the total gross acreage within
the entire Project. All water main, service connections, and fire hydrants shall be installed by the
developer and dedicated to the City. Plans and specifications for such water mains and
appurtenances shall be prepared by and/or approval of plans for installation shall be by the City of
Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter
guaranteeing a water supply.
73. All construction debris and construction-related debris shall be separated into recyclable and non-
recyclable items to the greatest extent possible. All recyclable debris shall be transported to
appropriate recycling facilities so as to reduce waste disposed of at County landfills. To the
maximum extent possible, recyclable materials and materials consistent with the waste-reducing
goals of the City shall be used for all aspects of construction.
LP /S:\Current Planning EIRsIRio Bravo #3\staff reptslEXH 1a .doc
October 17. 2005
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EXHIBIT D
STATEMENT OF FACTS AND FINDINGS
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FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS
FOR THE
RIO BRAVO ANNEXATION NO. 467 PROJECT EIR
GP AlZC NO. 04-0853
SCH # 200MJ91048
Lead Agency:
CITY OF BAKERSFiElD
1715 Chester Avenue
Bakersfoeld, California 93301
Contact: Ms. Louise Palmer
(661) 326-3733
Consultant:
RBF CONSULTING
14725 Alton Parkway
Irvine. California 92618
June 2005
IN 10-103781
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TABLE OF CONTENTS
EXHIBIT A - STATEMENT OF FACTS AND FINDINGS ............................................................1
I. Introduction ....... ................... ........ ............... ............... ....................... ....... ........... 1
II. Project Description............ ·................................................................... ..............2
III. Findings with Respect to Significant Effects ......................................... ..............2
IV.
Findings with Respect to the Environmental Review Process...
................3
V Findings Regarding Impacts Determined to be Insignificant in
the Initial Study/Notice of Preparation.................................................................. 4
VI. Findings Regarding Effects Determined to be Insignificant
Or Less Than Significant................................................................................... 11
VII. Rndings Regarding Effects Determined To Be Mitigated
To Less Than Significant Levels ........................................................................ 22
VIII. Rndings Regarding Infeasibility of Mitigation Measures
For Significant Impacts ....................................................................... ..... .......... 64
IX. Finding Regarding Alternatives............................................····..·..·..···· .............66
EXHIBIT B - STATEMENT OF OVERRIDING CONSIDERATIONS .......................... ............ 70
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Rio Baovo Annexation No. 467 ProJect
GPA/ZC No. 04-4853
EXHIBIT A
STATEMENT OF FACTS AND FINDINGS
I. INTRODUCTION
The following statement of facts and findings have been prepared in accordance with the
California Environmental Quality Act (CEQA) and Public Resources Code Section 21081.
CEQA Guidelines Section 15091 provides that:
"No public agency shall approve or carry out a project for which an environmental
impact report has been certified which identifies one or more significant effects
on the environment that would occur if the project is approved or carried out
unless the public agency makes one or more of the following findings:
The following potential significant impacts of the proposed Project have been separated into
three categories:
(1) Those potential impacts that have been detennined to be less than significant,
based on review of available 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 CEOA Guidelines Section ·15091:
a. Charlg(fJs 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 Rio Bravo Annexation identifies certain significant enwonmental effects
which may occur as a result of the Project Therefore, findings are set forth herein pursuant to
Section 15091 of the CEOA Guidelines. The Summary of Mitigation Measures is based in part
on the requirements contained in Section 21081.6 of the Public Resources Code (see Exhibit
B). A Mitigation Monitoring Program will be adopted as part of the Resolution.
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Rio Bravo Annexation No. ~ Project
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II. PROJECT DESCRIPTION
The proposed Project involves actions necessary for a General Plan Amendment (GPA) No. 04-
0853, zone change, and annexation of approximately 617 acres within unincorporated Kern
County (County) into the corporate limits of the City of Bakersfield (City). The proposed Project
is situated within the 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 1,300 single-family
residential units. The Project area is proposed to be developed in several phases. however, unit
layout for individuc:1 phases are unknown at this time. The future development and future
infrastructure improvements including pipelines, wells. and other utility improvements will be
subject to separate environmental review pursuant to the requirements of CEOA.
An amendment to the General Plan's Circulation Element is also proposed as part of the
Project. The amendment would result in the elimination of one unnamed collector street
segment extending from Chase Avenue within the Project site and the reclassification of a
separate unnamed collector street extending from Miramonte Drive connecting to the Rio Bravo
Country Club to a local street designation
Although not a part of this proposed annexation Project, secondary collector streets, are
planned. These planned secondary collector streets include Chase Avenue which will
accommodate future fire and emergency access to the annexation area and will run southerly
through the Project site ultimately connecting Comanche Drive with Breckenridge Road. A
segment from Chase Avenue connecting to Miramonte Drive, and a segment of roadway
connecting to the Rio Bravo Country Club are also planned.
III. FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS
The City of Bakersfield, as Lead Agency and decision-maker for the Project, has reviewed and
considered the information contained in both the Draft and Rnal EIRs prepared for the Rio
Bravo Annexation Project and the public record. The Lead Agency makes the following finding
pursuant to CEOA and the CEOA Guidelines:
1. The City of Bakersfield. as Lead Agency and decision-makers. having reviewed
and considered the information contained in the Draft and Final EIRs prepared
for the Rio Bravo Annexation Project and public records, finds that changes or
alterations to the Project will avoid or substantially lessen potentially significant
environmental impacts. These changes or alterations are related to the
implementation of the mitigation measures detailed in this document.
2 The City of Bakersfield. as Lead Agency and decision-makers, having reviewed
and considered the information contained in the Draft and Final EIRs prepared
for the Rio Bravo Annexation Project and the public record, finds that there are
specific éCOnomic, social. or other considerations which make the mitigation
measures for Aesthetics. Light. and Glare In the Draft and Final EIR's infeasible.
3 The City of Bakersfield. as Lead Agency and decision-makers. finds that
significant and unmitigable impacts on Aesthetics. Light. and Glare may occur
with future development on conjunction with implementation of the Rio Bravo
Annexàtion Project. This finding requires that the Lead Agency issue a
'Statement of Overriding Considerations- under Section 15093 and 15126(b) of
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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 3O~y period commencing on September 14,
2004, and conduding on October 14, 2004.
3. During the circulation period for the Notice of Preparation. the City of Bakersfield,
as Lead Agency, advertised and conducted a public scoping meeting on October
7, 2004 at the City of Bakersfield Development Services Building in the City of
Bakersfield.
4. A Draft EIR was prepared which analyzed project-related impacts related to the
following environmental issue areas: agriculture. public health and safety,
aesthetics/light and glare, traffic and circulation, noise, air quality, biological
resources, cultural resources, and public services and utilities. Growth-inducing
impacts, project alternatives and cumulative effects were also analyzed in the
Draft EIR.
5. During the Draft EIR's public review period, which began on April 12. 2004 and
conduded on May 30. 2004. the City of Bakersfteld held a noticed public hearing
on May 5. 2005 regarding the Draft EIR. The public was afforded the opportunity
to orally comment on the Draft EIR at the public hearing, and the testimony was
considered by the decision-makers. Upon the dose 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
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V. FINDINGS REGARDING IMPACTS DETERMINED TO BE INSIGNIACANT 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 induded in primary analysis sections of the Draft EIR.
AESTHETICS. Would the proposal:
Have a substantial adverse effect on a scenic vista?
The proposed Project site topography consists of relatively level to steep terrain.
Elevation on the Project site ranges from 925 feet above mean sea level (msl) to 1,203
feet above msl. The site is not designated as a scenic vista or located along a
designated scenic highway, as defined by the Metropolitan Bakersfield General Plan.
Therefore, Project implementation would not have a substantial adverse effect on a
scenic vista.
AGRICULTURE RESOURCES. Would the project:
Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
MonifDring Program of the California Resources Agency, to non-agricultural use?
The majority of the Project site soils are considered "non-prime" for agricultural purposes
by the Metropolitan Bakersfield General Plan Update EIR. The annexation itself would
not result in the loss of agricultural land. Currently, the site is vacant and no agricultural
use is present on-site. No impacts would occur in this regard.
Conflict with existing zoning for agricultural use, or a Williamson Act contract?
Refer to response above.
Involve other changes in the existing environment which, due to their location or nature,
could result in conversion of Farmland, to non-agricultural use?
The proposed Project would result in a GPA from R-EA to LR and LMR and zone
change from A to R-1 and R-2. No agricultural practices have historically occurred on-
site, nor do any agriculturally related activities exist today. The proposed annexation,
GPA and zone change would not promote the conversion of existing farmland to non-
agricultural uses. Refer to responses above.
AIR QUALITY. Would the project:
Create objectionable odors affecting a substantial number of people?
Construction activities associated with fu1ure development of the Project site may
generate detectable odors from heavy-<:tuty equipment exhaust. Odors associated with
diesel and gasoline fumes are transitory in nature and would not create objectionable
odors affecting a substantial number of people. The impacts from these odors would be
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short-term. would cease upon construction completion and are not antidpated to be
significant.
BIOLOGICAL RESOURCES. Would the project:
Have a substantial adverse effect on federaUy protected wetlands as defined by Section
404 of the Clean Water Act (induding, 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?
The Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) is the regional
conservation plan that addresses the effect of urban growth on Federally and State
protected plant and animal species within the Metropolitan Bakersfield General Plan
area. The MBHCP is a joint program of the City of Bakersfield and Kem County that was
undertaken to assist urban development applicants in complying with State and Federal
endangered spedes laws. The MBHCP utilizes avoidance measures and a mitigation
fee paid by applicants for grading or building permits to fund the purchase and
maintenance of habitat land to compensate for the effects of urban development on
endangered spedes habitat. If a Project is developed on land within the Metropolitan
Bakersfield area, one-time MBHCP habitat mitigation fee payment of $1.240 per gross
acre is required. This Project must comply with the provisions of the MBHCP.
GEOLOGY AND SOILS. Would the project:
Have soils incapable of adequately supporting the use of sepüc tanks or alternative
waste water disposal systems where sewers are not available for the disposal of waste
water?
The Metropolitan Bakersfield General Plan indicates that the Rio Bravo area of the City
is developed using on-site septic tanks. Some of the developed Rio Bravo area is
sewered to community-1evel septic systems. Refer to response 4.6 (a)(1), in the Initial
Study. The proposed development is required to connect to sewers.
HAZARDS AND HAZARDOUS MATERIALS. Woutd 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 would also involve the development of residential uses which
typically involve limIted amounts of hazardous materials that would be used. stored, or
transported in the vicinity of the Project area. Use of these materials would be subject to
local. State and Federal regulations. Future development of the Project site does not
have the capacity to create a significant hazard to the public or the environment through
the routine transport, use, or disposal of hazardous materials.
Emit hazardous emissions or handle hazardous or acutely hazardous materials.
substances, or waste within one-quarter mile of an existing or proposed school?
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The proposed Project involves the annexation of land into the City of Bakersfield. Future
development of the Project site would not result in hazardous emissions or handle
hazardous or acutely hazardous materials. substances, or waste within on~uarter mile
of an existing or proposed school.
Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
A Phase I Environmental Site Assessment (ESA) will be prepared for the proposed
Project The Project site is vacant except for a water tank, therefore, the presence of
lead·based paints (LBPs) and asbestos containing materials (ACMs) is considered
unlikely. The Project site is not anticipated to result in the creation of health hazards
with compliance with pertinent health and safety regulations.
For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project result
in a safety hazard for people residing or working in the project area?
The proposed Project is not located within the vicinity of any airport. Due to the scope
and nature of the proposed Project, an annexation into the City for future residential
development. would not result in a safety hazard for people residing or working in the
Project area.
For a project within the vicinity of a private airstJip, 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?
A Traffic Management Plan (TMP) would be implemented to ensure that future
construction on the Project site does not interfere with any emergency response or
evacuation plans. The TMP and, if necessary. other traffic control measures. will be
described in the EIR
HYDROLOGY AND WATER QUALITY. Would the project:
Violate any water quality standards or waste discharge requirements?
Implementation of the proposed Project could result in short-term and long-term impacts
to surface water quality. Short-term surface water quality impacts may occur from water
erosion of soils during construction, with long-term impacts on surface water quality
occurring primarily from the addition of project related automobile trips which generate
urban type pollutants (i.e. oil. tire particles. ete) However, surface water quality is not
expected to be significantly affected because the proposed Project would be required to
implement best management practices (BMPs) to comply with the National pollutant
Discharge Elimination System (NPDES) stormwater quality requirements.
Developmentof the site would involve the construction of impervious surfaces, which
would lead to a decrease in ground absorption on-site and a increase in the Quantity of
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Rio Bra"o Annexation No. 467 Project
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surface water. As noted above, urban type pollutants would be introduced into the
surface waters as a result of the increase in impervious surfaces throughout the Project
site. However, runoff would be conveyed to nearby sumps which would detain the runoff
and allow it to flow off-site at reduced levels. A second function of the sumps would be
the trapping of urban type pollutants, thus reducing potential water quality impacts to
down stream drainages. Drainage facilities would be provided on-site as a part of the
Project design and would be subject to review and approval by the City of Bakersfield. In
addition, as noted above, the proposed Project would be required to implement BMPs to
comply with the NPDES stormwater quality requirements.
Substantially deplete groundwater supplies or interfere substantially with groundwater
recharge such that there would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of pr~xisting nearby wells would
drop to a level which would not support existing land uses or planned uses for which
permits have been granted)?
Construction activities associated with development of the proposed Project.. which are
short-term, are not expected to affect the quantity or quality of the groundwater. The
Project would be served by the northwest Bakersfield water treatment plant which uses
water from the Kern River. An analysis regarding water consumption will be included in
the EIR. In addition, cuts and excavation into aquifers on the Project site are not
anticipated.
Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of stream or river, in a manner which would result in substantial
erosion or siltation on- or off-site?
Implementation of future development on the Project site may result in minor changes in
the amount of runoff due to an increase in the amount of impermeable surface area at
the Project site. Development on-site would be subject to City codes and requirements
for erosion control. Due to several factors, including the characteristics of the on-site
soils, the rolling topography, the implementation of erosion control measures pursuant to
City codes, and the construction of drainage facilities (i.e. curb and gutter. retention
basins), the proposed Project would not result in significant erosion or displacement of
soils off-site.
Substantially alter the existing drainage pattern of the site or area, 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?
The rate and volume of on-site surface runoff would increase due to the implementation
of the proposed Project which would introduce impervious surfaces on the Project site.
The proposed Project would include the expansion of all storm drain facilities that would
be required to serve the Project. No significant impact on drainage facilities is expected
to occur. Drainage facilities and flood protection would be provided on-site as a part of
the Project design and would be subject to review and approval by the City of
Bakersfield
Create or contribute runoff water which would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial additional sources of polluted
runoff?
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Refer to response above.
Otherwise substantially degrade water quality?
Refer to response above.
Place housing within a 10o-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
The elevation of the site ranges from 925 feet above msl to 1,203 feet above msl. The
ProjeGt site is not located within a 1 OO-year flood hazard area.
Place within a 1oo-year flood hazard area structures which would impede or redirect
flood flows?
Refer to response above.
Expose people or structures to a 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 (40) miles northeast of Bakersfield,
has a capacity to hold 570,000 acre-feet of water. If an earthquake were to occur in the
vicinity, it could potentially result in a break in the dam. This could. under certain worst
case conditions, cause the entire lake storage to be released, which would result in
flooding of 60 square miles of the Metropolitan Bakersfield area.
As a result of the possible dangers associated with Isabella Dam, the City of Bakersfield
entered the Regular Phase of the National Flood Insurance Program (NFIP) as
administered by the Federal Emergency Management Agency (FEMA) on May 1, 1985.
The existing Flood Evacuation Plan for the City of Bakersfield provides for the protection
of life and property through evacuation of areas that would be inundated.
However, due to the proposed Projects elevation on-site, the area is not anticipated to
be flooded in a dam failure event
Inundation by seiche, tsunami, or mudflow?
There are no large bodies of open water located on or adjacent to the proposed Project
site which may result in seiche or tsunami hazards. Hazards involving tsunamis, seiche,
or mudflows are not expected to affect the development.
LAND USE AND PLANNING. Would the project:
Physically divide an established community?
The proposed Project would not divide the physical arrangement of a community. The
Project site is surrounding by vacant land. except for the Rio Bravo Country Club located
immediately north of the Project site
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GPAlZC No. 04-0853
Conffict with any applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project (including, but not limited to the general plan, specifIC plan,
local coastal program, or zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
The proposed Project would result in an amendment to the Land Use Element and a
change in zoning in order to insure consistency with the proposed GPA. The annexation
would result in the Metropolitan Bakerslield General Plan designation change from R-EA
to LR and LMR. Concurrent zoning would be from A zone to R-1 zone on 600-acres and
R-2 zone on 17-acres. If applicable, a Circulation Element Amendment to modify the
circulation map of the General Plan may be required. The EIR will address the required
discretionary actions, approvals, and amendments to City policy criteria to detennine the
level of significance of impacts and required mitigation as detennined necessary.
MINERAL RESOURCES. Would the project:
Result in the loss of availabilfty of a known mineral resource that would be of value to the
region and the residents of the state?
As indicated in the Metropolitan Bakersfield General Plan, there are no mineral
resources that would be of value located within the proposed Project site. No impacts
are anticipated in this regard.
Result in the loss of availability of a locally-important mineral resource recovery site
delineated on a local general plan, specific plan or other land use plan?
Refer to response above.
NOISE. Would the project result in:
For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project
expose people residing or working in the project area to excessive noise levels?
The proposed Project site is not located near any airport.
For a project within the vicinity of a private airstrip, would the project expose people
residing or working in the project area to excessive noise levels?
Refer to response above.
POPULATION AND HOUSING. Would the project:
Induce substantial population growth in an area, either direclly (lor example. by
proposing new homes and businesses) or indirectly (for example, through extension of
roads or other infrastructure) 7
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Approximately 1,300 units are anticipated to be constructed within the project area at
buildout. Although the proposed Project is not anticipated to result in any significant
growth inducing impacts. the EIR will indude a review of direct and indirect growth
inducing impacts pursuant to CEOA Section 15126 (g). The review will discuss ways in
which the proposal could foster economic, housing or population growth in the
surrounding area.
Displace substantial numbers of existing housing, necessitating the construction of
replacement housing elsewhere?
The proposed Project would not involve the displacement of housing. The Project site
would ultimately result in future housing.
Displace substantial numbers of people, necessitating the construction of replacement
housing elsewhere?
Refer to Response above.
PUBUC SERVICES.
Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain aexeptable service ratios, response times or
other performance objectives for any of the public services:
Other public facilities?
Due to the size and scope of the proposed
significantly affect other governmental agencies.
anticipated in this regard.
Project, implementation would not
Less than significant impacts are
TRANSPORTATION/TRAFFIC. Would the project:
Result in a change in air traffic patterns, induding either an increase in traffic levels or a
change in location that results in substantial safety risks?
The proposed Project would not affect air traffic patterns and would not result in safety
risks to air traffic.
Result in inadequate parking capacity?
Proposed development must meet City parking standards.
Conflict with adopted policies, plans. or programs supporting allemative transportation
(e.g. bus turnouts, bicycle racks)?
The proposed Project would not conflict with adopted policies. plans, or programs
supporting alternative transportation.
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UllUllES AND SERVICE SYSTEMS. Would the project:
Be served by 8 landfil/ with sufficient pennitted capacity to accommodate the project's
solid waste disposal needs?
Existing solid waste collection services for residential uses are provided within the City of
Bakersfield by the City Sanitation Division. All solid waste generated in the City is
disposed of in County operated landfills. Future development anticipated in the Project
site is not expected to significantly affect existing facilities.
Comply with federal, state, and local statutes and regulations related to solid waste?
Refer to response above.
VI. FINDINGS REGARDING EFFECTS DETERMINED TO BE INSIGNIFICANT OR LESS
THAN SIGNIFICANT
The City of Bakersfield finds that based on substantial evidence appearing in the Final EIR,
Technical Appendices and in the administrative record. that the proposed Project would have
insignificant or less than significant impacts in the following areas.
LAND USE AND RELEVANT PLANNING
land Use Compatibility On-site
5.1-2 . Implementation of the proposed Project would result in the phased elimination of
open space as land uses are developed, thus resulting in potential land use
conflicts between urban uses and open space. This is considered a less than
significant impact because the proposed Project would be compatible with
existing residential uses to the norlh and would provide for an orderly outward
expansion of new "urban" development on-site.
Facts SUDOOrullQ Findinq
The 617-acre Project site is currently undeveloped except for a water tank owned and
maintained by the CtNSC. The entire Project site is located within an area designated by
the Metropolitan Bakersfield General Plan as R-EA and zoned A. Although the entire
site is designated and zoned for agricultural uses, no agricultural activities occur within
or immediately adjacent to the Project site boundaries. Therefore, no compatibility
impacts for Mure on-site residential uses related to agricultural uses would occur.
Future development of on-site uses will also include two non-residential uses, a park site
with an adjacent fire station. These uses are anticipated to be located on Chase Avenue
in the northwest quadrant of the site. Although the ultimate size. location, and
orientation of these uses are undefined at this time, the proposed park site and fire
station will be developed according to applicable Metropolitan Bakersfield General Plan
guidelines, existing ordinances, and development standards. Final siting will be subject
to approval by the City to ensure that long-term on-site land use compatibility impacts
between residential and park uses are minimized to the fullest extent possible. As such,
the development review process, combined with adherence to applicable General Plan
and Bakersf'teld Municipal Gode requirements would reduce potential compatibility
impacts to lesS than significant levels.
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Relevant Planning Policies
Consistencv with General Plan Policies
5.1-2 The proposed Project would require an amendment to the Metropolitan
Bakersfield General Plan and a concurrent change to the Bakersfield Munk;ipal
Code zoning designation for the site that would allow the conversion of the 617-
acre undeveloped Project site to residential uses. The Project has been
reviewed for consistency with goals and policies as set forth in the Metropolitan
Bakersfield General Plan and the analysis has concluded that impacts are less
than significant and no mitigation is required.
Facts SUDPOrtiI1Q FindinQ
The Project site is located within the City's SOl, however it is situated immediately
outside the current City corporate limits within unincorporated Kem County. The Kem
County LAFCo must consider how proposals for boundary changes in Bakersfield
conform to the City's General Plan. l11erefore, properties proposed for annexation into
the City must be pre-zoned in order to indicate the intended zoning for the site and
establish consistency with applicable zoning and General Plan provisions.
Future on-site development will accommodate a park site and an adjacent fire station to
serve local residents. The park site and fire station sizes will be sited, dedicated, and
constructed based on the Bakersfield Municipal Code. In addition, individual
development proposals will also require City review and approval to ensure adequate
pedestrian facilities are provided to encourage safe pedestrian movement throughout the
Project area.
The analysis contained above and in Appendix 15.9. GOALS AND POLICIES
ANALYSIS, concludes that there are no significant consistency impacts from the
proposed Project. It should be noted that the Project's consistency with the SJVAPCD
AOAP is addressed in Section 5.8 AIR QUALITY. Overall, Project implementation would
not conflict with the land use plan, goals, and strategies of the Metropolitan Bakersfield
General Plan. less than significant impacts are anticipated in this regard.
Consistency with LAFCo Policies
5.1-5 Implementation of the proposed Project would require annexation of the entire
Project site into the City; thus requiring a project consistency analysis against
policies enforced by the Kern County L4FCo. This is considered a less than
significant impact because the proposed Project would be considered consistent
with applicable Kern County L4FCo policies and guidelines.
Facts SUDPOrtinQ FindínQs
In that the City seeks to annex the proposed site from the County of Kern and modify the
Metropolitan Bakersfield General Plan through an amendment to the land Use Element,
Circulation Element, and zoning designation. particular focus is given to the goals and
policies of the Kern County LAFCo (refer to Appendix 15.9, GOALS AND POLICY
ANALYSIS). It is noted that LAFCo goals andlor policies not included in the' assessment
were omitted due to their having either a negligible or no relationship to the proposed
Project or surrounding area. Pursuant to Section 1.2 of the Kem County LAFCo
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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 analysis contained in Appendix 15.9. GOAlS AND POLICY ANALYSIS, concludes
that there are no significant consistency impacts from the proposed Project associated
with relevant Kem County LAFCo goals and policies. No additional mitigation would be
required.
Consistencv with the Circulation Element
5.1-6 A Circulation Element Amendment to the Metropolitan Bakersfield General Plan
will result in the elimination of one collector street segment extending from Chase
Avenue within the Project site and the reclassification of a separate collector
street extending from Miramonte Drive connecting to the Rio Bravo Country Club·
to a local street designation. This is considered a less than significant impact
because the proposed roadway reclassification is required to achieve City design
standards and applicable Circulation Element goals and policies.
Facts SUPDOrtil1Q RndinQ
Future developments on the Project site plan for roadway extensions on Miramonte
Drive and Chase Avenue. The proposed circulation amendments include the elimination
of a collector street segment. and the functional classification change of a second
roadway to a local street designation consistent with the City design standards. The City
would be responsible for all improvements, maintenance and services to the roadways
upon completion. As all City goals and policies would be achieved with the proposed
Project Circulation Element Amendment, no additional mitigation measures would be
required (refer to Section 5.6, TRAFFIC AND CIRCULATION).
Cumulative Impacts
5.1-8 The proposed Project. combined with other future development, may increase
the intensity of land uses in the area. Analysis has concluded that impacts are
anticipated to be less than significant and no mitigation is required. Projects will
be evaluated in accordance with the Metropolitan Bakersfield General Plan and
on a project-by-project basis.
Facts Suppartinq Rndinq
The anticipated Project impacts in conjunction with cumulative development in the site
vicinity would increase urbanization and result in the loss of open space in the local
vicinity. Potential land use impacts are, site-specific, and require evaluation on a case-
by-case basis. This is true with regard to land use compatibility impacts that are
generally a function of the relationship between the interactive effects between a specific
development site and its immediate environment. In that development within the
northeast planning area is anticipated to occur in accordance with the Metropolitan
Bakersfield General Plan and attendant zoning classifications. potential cumulative
effects upon land use and planning are not anticipated to be significant.
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GEOLOGY AND SOilS
Liquefaction
5.2-4 Based on avaHable data, the potential for liquefaction is not anticipated due to the
lack of near-surface groundwater. Less than significant impacts are anticipated.
Facts Supportinq Findino
Generally, when liquefaction occurs as a result of earthquakes, the conditions of
cohesion less surface material accompanied with relatively shallow water tables
undertying the area were the factoL In such cases, ground vibration increases the pore
pressure resulting in water moving upward whereby turning the sand or silt into a
quicksand like condition. The surface characteristics ¡ndude the development of sand
boils, surface cracks, ground settlement, and differential compaction.
The groundwater depth at the Project site is at least 200 feet bgs. Furthermore, the
Geological Hazards Investigation indicates, shallow groundwater less than 25 feet bgs is
not known to occur beneath the site or in the immediate vicinity. The lack of near-
surface groundwater beneath the site make impacts related to liquefaction unlikely.
Therefore. no significant impacts are anticipated.
Dam Inundation
5.2-6 Due to the elevation and location of the Project site, inundation of the Project site
due to a catastrophic release at Isabella Dam is not considered to be significant.
Less than significant impacts are anticipated.
Facts Supportino Findino
If an earthquake were to occur in the vicinity of Lake Isabella, the potential exists for a
failure of Isabella Dam. Such a failure could cause the entire lake storage to be
released, which would result in the flooding of 60 square miles of Bakersfield. The
Metropolitan Bakersfield General Plan indicates the chances of the dam failing entirely.
with the lake at capacity, was judged as one day in 10,000 years. Due to the elevation
and location of the Project site, impacts related to dam inundation are not anticipated to
be significant
HYDROLOGY AND WATER QUALITY
Groundwater
5.3-2 The proposed Project would not result in adverse impacts to the amount of
ava1lable groundwater available or degrade groundwater quality. Less than
significant impacts are anticipated.
Facts SUpportlnq FindinQ
Based on the Water Supply Assessment prepared by Gal Water. the proposed Project is
induded within the plans to accommodate fu1ure growth in the City of Bakersfield. Gal
Water concludes the supply of water to be more than adequate to meet the projected
demands associated with the proposed Project. The Projed would not alter the direction
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of groundwater flow, nor result in the need to withdraw, change the rate of groundwater
flow, or affect its supply. Refer to Section 5.11, PUBLIC SERVICES AND UTilITIES, for
additional details.
Water Quality
5.3-3 Implementation of grading, excavation and construction activities associated with
future developments could resun in an increase in urban pollutant disdlarge
resulting in impacts to water quality. Impacts would be reduced to less than
significant levels with the incorporation of NPDES requirements.
Facts SuppOrtioo Findinq
With the future urban development of the site, the proposed Project would result in an
increase in urban pollutant discharge, especially during short-tenn construction phases.
The discharge of materials other than storm water from a particular site is prohibited.
With urban development projects, the pollutants of concern include silt and sediment, oil
and grease, floatable trash, nutrients (including fertilizers), heavy metals, pathogens
(such as coIifonn bacteria) and other substances. Referred to as ·controlled pollutants",
discharge of these substances into waters of the United States, are prohibited.
Future proposed developments that involve grading and construction would contribute to
an increase in pollution discharge. Individual development projects would be required to
mitigate short-tenn construction impacts pursuant to the NPDES criteria and standards
on a project-by-project basis. The purpose of the NPDES penn it is to ensure the Project
area will eliminate or reduce construction related sediments and pollutants during stonn
water runoff. Construction sediment erosion can be adequately controlled through the
application of standard construction BMPs. The goal of BMPs is to capture and treat
"first flush- storm water run-off generated by surrounding and on-site watersheds. Water
quality management BMPs for grading and construction scenarios may inetude the use
of sand bags and straw bales for run-off diversion and velocity reduction, mulch topping,
hydro-seeding and siltation fencing to prevent soil loss and measures to minimize
vehicular leaking and spilling. Implementation and compliance with the NPDES
requirements would reduce construction-related impacts to water quality to a less than
significant level.
PUBLIC HEAlTH AND SAfETY
long-Tenn Maintenance and Operation
5.4-5 Project implementation would not create a significant hazard to the public or
the environment through the routine transport, use, or disposal of hazardous
materials. Less than significant impact
Facts SUPDOrtinq Findinq
IN 10-103781
The Kern County and Incorporated Cities Hazardous Waste Management Plan
(HWMP) lists goals and policies regarding the transport of hazardous wastes. The
HWMP recognizes that the transportation of hazardous waste on roads poses a
short-tennthreat 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
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maintained roads as candidate Commercial Hazardous Waste Shipping Routes in
and through the County (except those to collect locally generated hazardous
wastes). Given the location of the proposed Project within a newly developing
residential area surrounded by open space, project implementation would not
promote the transport of hazardous materials within the Project area.
Delivery trucks often times haul "household- chemicals commonly found in grocery
stores and/or commercial uses. Although no roadways within the vicinity of the
Project site are specifically identified as Truck Routes within the Circulation Element
of the Metropolitan Bakersfield General Plan, the potential exists for the incidental
transport of materials/chemicals along surrounding roadways that meet the definition
of "hazardous". While the risk of exposure to hazardous materials cannot be fully
eliminated, measures can be implemented to maintain risks to acceptable levels. As
described above, there are several Federal, State, and local regulatory agencies that
oversee hazardous materials transportation. Oversight by the appropriate agencies
and compliance with applicable regulations are considered adequate to offset the
negative effects related to the incidental transport of hazardous materials within the
Project area.
5.4-6 Project implementation would not aeate a significant hazard to the public or
the environment through the long-term use of hazardous substances for the
purpose of long-term maintenance. Less than significant impact. Compliance
with State and applicable local regulations would reduce potential impacts to
less than significant levels,
Facts Supportinq Findinq
The proposed annexation. General Plan Amendment (GPA), and zone change does
not involve construction activities within the Project site at this time. Future on-site
uses indude 1 ,300 residential units, a park site, and fire station. Therefore, in the
future, the on-site storage and use of hazardous materials may indude fire
suppression substances. fuel, deaning solvents, fertilizers, pesticides, and other
materials used in the regular maintenance of residential structures. With proper use
and disposal. these chemicals are not expected to result in hazardous or unhealthful
conditions for nearby residents or maintenance workers. However, this future
development would be subject to environmental and design review on a site-specific,
project by project basis. Additionally, future development would be required to
comply with all applicable local, State. and Federal regulations and policies regarding
hazardous materials.
NOISE
Off-Site Mobile Source Impacts
5.7-2 Project implementation would generate additional vehicular travel on the
surrounding roadway network, thereby resulting in permanent noise level
increases. Analysis has concluded that long-term noise impacts would be
less than significant lor the analyzed adjacent roadway segments in the
Year 2024 traffic scenario. Analysis has concluded that long-term vehicular-
related noise woutd not exceed the City's threshold of significance and
would result in a less than significant impact.
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Facts Suooortioo Findioo
Future development within the area would result in additional traffic on adjacent
roadways, thereby increasing vehicular noise in the vicinity of existing and proposed
land uses. As discussed in Section 5.6 (Traffle and Circulation), traffic volumes were
analyzed under Existing (Year 2003) and Future (Year 2024) traffic scenarios. The
"2003 Without Project" and "2003 With Project" conditions were compared to analyze
interim conditions, while the "2024 Without Project" and "2024 With Project" were
compared for long-term conditions. As previously discussed, an increase of five dBA
or greater in noise levels occurring from project-related activities would be significant
when the "No Project" noise level is below 60 dBA CNEL. An increase of three dBA
or greater in noise levels occurring from project-related activities would be significant
when the "No Project" noise level is between 60 to 65 dBA CNEL. Finally, an
increase of one dBA or greater would be significant if the "No Project" noise level is
above 65 dBA CNEL.
Table 5.7-9 also compares the "2024 With project" scenario to the "2024 Without
Project" scenario. As indicated in Table 5.7-9, the highest noise level increase would
occur along Breckenridge Road; a 5.4 dBA increase east of Comanche Drive.
Based on the significance criteria in Table 5.7-3, Project-related traffIC would result in
a significant change in ambient noise levels along Breckenridge Road under 2024
conditions. However, noise levels would remain along the roadways would be below
the 65 dBA CNElILdn City noise standards. In addition, the proposed Project would
be more than 1,000 feet away from the BreCkenridge Road. Thus, as the change in
ambient noise levels would not affect the Project site and remain below the City's
noise limit, a less than significant impact would result.
Cumulative Impacts
5.7-5 Implementation of the Project, combined with cumulative projects, would
increase the ambient noise levels in the site vicinity. Analysis has concluded
that cumulative traffic noise impacts are less than significant.
Facts Suooortioo Findinq
Noise by definition is a localized phenomenon, and drastically reduces as distance
from the source increases. Consequently, only projects and growth due to occur in
the general area of the Project site would contribute to cumulative noise impacts.
Table 5.7-9 lists the cumulative traffic noise levels along roadway segments in the
Project vicinity under Year 2024 (General Plan buildout) for the "No Project" and
-Plus Project" conditions. The "Plus Project" traffic noise levels would increase by a
maximum of 11.5 dBA along Breckenridge Road for Year 2003 and 5.4 dBA for Year
2024, east of Comanche Drive However, noise impacts would still be considered
less than significant since noise levels would be below the 65 dBA CNEVLdn noise
standard of the City. Thus. it is concluded that cumulative mobile source noise
impacts along these roadway segments are less than significant.
Long-term (stationary) noise would be subject to requirements of the Bakersfield
Municipal Code. Therefore, indIvidual projects would be required to comply with the
City's noise level standard of 65 dBA for residential uses and include mitigation
measures if this standard is exceeded. As such, it is not anticipated that a significant
cumulative increase in permanent ambient noise levels would occur and the impact
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would be less than significant. Consequently, the project contribution to cumulative
stationary noise impacts is not considered cumulatively considerable.
AIR QUALITY
Odors
5.7-2 Long-term odor impacts would not occur as a result of Projed implementation.
Analysis has concluded that impacts would be less than significant.
Fads Supporting Finding
The proposed Project involves the annexation of approximately 617-acres that will allow
for future residential uses, which are generally not considered odor generators. Odor is
strongest at its source and dissipates with increasing distance. The offensiveness and
degree of odor is ultimately dependent on the sensitivity of the receptors exposed to the
odor. According to the SJVAPCD's Guide for Assessing and Mitigating Air Quality
Impacts, facilities located one mile or less from a sensitive receptor may create a
significant odor impact. The SJVAPCO's guidance indicates that a detailed analysis
would include evaluating whether complaints have been filed with the SJVAPCO for
similar existing operations.
According to SJVAPCD records search between July 2001 and November 2Ô04, there
were no odor or nuisance complaints received or investigated. Complaints on file had
been issued to these operations relative to permitting questions that were resolved.
Based on standard operating regulations imposed on the operators of the wells by the
Division of Oil, Gas. and Geothermal Resources (DOGGR) and SJVAPCD, the operating
wells and associated equipment are not expected to be a significant source of
objectionable odors that would likely impact potential sensitive receptors located within
the Project area.
Visibility Impacts
5.7-4 Long-term visibility impacts would not occur as a result of Project
implementation. Analysis has conduded that impacts would be less than
significant.
Facts SUPDOrtinq RndillQ
The analysis of the potential for effects to visibility is within the guidelines of the "Level I"
analysis given in the USEPA publication entitled Workbook for Estimating Visibility
Impairment (EPA 450/480-031). The calculations used to evaluate the potential for
adverse effects uses data on the emissions of PMIO. N02, S02, and the distance
between the source and the area evaluated for visibility impairment. Data concerning
meteorological conditions and atmospheric dispersion are incorporated into the
equations. The calculation of 'contrast parameters" are used to evaluate the potential
for adverse effects with the emissions of PMIO. N02, S02 and the distance between the
source and the area evaluated for visibility impairment.
The absolute values of all three of the contrast parameters for both the mid point (five-
year) and build out (ten-year), are less than 0.1, therefore. a visibility impact at the Class
I areas is not expected to have a significant effect.
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Air Quality Conformity Analysis
5.8-5 With the implementation of proposed mitigation measures, long-term emissions
would be offset by Project buildout. Significance: Less than significant
impact.
Facts SuppartillQ FindillQ
Assuming 460 households in year 2005 and 1,990 households in year 2030, then growth
from 2005 to 2030 would be 1,530 households, approximately 190 more households
than proposed by the Project. However, this rate of growth would accelerate the
buildout of the T AZ and could potentially result in basin emission increases that are in
excess of those forecast by the AOAP or SIP. Therefore, implementation of the
proposed Project may not be consistent with the growth assumptions of the AOAP. The
proposed mitigation measures below, would offset long-term ROO and NOx emissions
associated with accelerated growth posed by the Project. Assuming these long-term
emissions are offset by Project buildout. the Project should be considered to be
consistent with the adopted growth forecast and in conformance with the AOAP.
BIOLOGICAL RESOURCES
Special Status Plants
5.9-2 Project construction would permanently impact a total of approximately 617
acres, however since the original native habitat of the site has been changed by
ranching, off-road vehicle use and illegal dumping, no special status plants were
identified or would be expected to occur on the site. Less than significant impacts
are anticipated in this regard.
Facts SUDOOrtillQ FindinQ
The Biota Reporl concludes that no wetlands, or riparian habitats exist on the Project
site and that the on-site vegetation is greatly disturbed and has regrown with native and
non-native species. Thus, no evidence of any sensitive plants was found on the Project
site. Because no evidence of any Federal and State Threatened or Endangered plant
species were identified on the Project site, development of this Project is not expected to
result in any adverse impacts to any Threatened or Endangered species. As previously
stated, the Biota Reporl did not identify any loss to wetland or riparian habitats as a
result of the proposed Project. Furthermore, the proposed Project would not resutt in
significant impacts to riparian or wetlands habitat.
CULTURAL RESOURCES
Cumulative Impacts
5.10-3 Cumulative development may adversely affect cultural resources. Resources are
evaluated and mitigated on a project-by-project basis. Less than sigmficant.
Facts SUDDortinQ FindinQ
Potential impàcts would be site specific and an evaluation of potential impacts would be
conducted on a project-by-project basis. Each incremental development would be
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required to comply with all applicable State, Federal and City regulations concerning
preservation, salvage, or handling of cultural resources. In consideration of these
regulations, potential cumulative impacts upon cultural resources would not be
considered significant.
PUBLIC SERVICES AND UTILITIES
Sewer Services
5.11-6 Implementation of the proposed Project would not result in the increase in
demand or expansion of sewer services. Less than significant impact.
Facts SUPDOrtillQ Findinq
According to the City of Bakersfield Public Works Wastewater Division, 1,300 square
foot dwelling units have the capacity to produce approximately 350,000 gallons of
wastewater per day. The Wastewater Division indicated that this would create a
significant demand on the collection and treatment facilities within the Project area. The
City is CtIITently preparing a Sewer Master Plan for the northeast area. The Master Plan
will address the Mure wastewater infrastructure needs as development occurs within the
northeast area. The Project site will be induded in this Master Plan. Upon construction,
the Project site will be serviced by Wastewater Treatment Plant Number 2. Plant 2 has
an excess capacity of 8.5 mgd. Since the Project site has the capacity to produce
approximately 350,000 gallons of wastewater per day, Plant 2 has more than adequate
capacity to service the Project site.
The City of Bakersfield Public Works Sewer Services Department has four types of
sewer fees, collection fees, trunk line fees, user fees, and commercial and industrial user
surcharges. The user fees are annual fees paid on the property takes. The user
surcharges are billed and are annual fees paid on the property taxes. The user
surcharges are billed and are due and payable monthly. The user surcharges are based
upon a formula of total Biochemcial Oxygen Demand, Total Suspended Solids
concentration, and flow. The connection fees are based upon a 'cost to recover" for
plant expansion, while the trunk line fees are similarty based upon a 'cost to recover" for
the construction of the trunk line serving the Project area. The sewer connection fee for
single-family residential homes is currenUy $2,500 per unit, but will increase significanUy
to pay for Mure plant expansion. The current user fee for single-family residential units
is $120 per unit, and will soon increase to $125 per unit. The sewer rates are calculated
and adopted by the City Council annually. Less than significant impacts are anticipated
in this regard.
Electrical Services
5.11-8 tmplementation 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 SUPDOrtillQ Findinq
The Project site is currently being served from the Magunden Substation, which is
located at the west end of Mills Street, north of Highway 58 and west of Morning Drive. .
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Electricity distribution facilities are currenUy present within the Project site. This facility is
a 12 Kv distribution line maintained by PG&E.
According to PG&E. the Project site is anticipated to have an approximate load of 2OMw.
PG&E indicated that the existing facilities do not have the capacity to supply the
proposed Project at build~ut. Therefore. without upgrades to existing facitities.
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.
According to PG&E. impacts can be minimized if main lines adjacent to roadways are
brought to ultimate widths with the initiation of the proposed Project. Additionally,
mainline distribution tie lines will be required throughout the Project site.
During construction. the Project would require temporary electrical power supply for
certain equipment and lighting. The proposed Project would also require electricity for
street lighting along the roadway. The connecüons would be constructed in accordance
with the requirements of the City of BakefSfie\d. 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
5.11-9 Implementation of the proposed project would not result in increased demand for
natural gas services. Less than significant impacts are anticipated in this regard.
Facts SupportinQ FindinQs
According to PG&E. no natural gas facilities are present within the boundaries of the
Project site. The closest gas line is located along Highway 178. north of the Project site.
PG&E indicated the existing gas facilities can be extended to furnish gas services to the
proposed Project. On average. 0.04 million cubic feet per hour (MCFH) is consumed per
household. PG&E indicated that this eight-inch diameter pipeline has the capacity to
supply gas to the proposed 1,300 lots. Currently, mitigation measures were not
identified. however PG&E identified that a Mure back fee applied to the development
may be required. The Project contractor shall coordinate with PG&E staff earty in the
planning stages to ensure that any necessary upgrades to on-site gas distribution
facilities are implemented in such a manner as not to disrupt services off-site and be of
adequate capacity to serve ultimate site development.
The PG&E pipelines are under high pressure and like others. have the potential to
rupture, resulting in uncontrolled releases of natural gas. A pipeline rupture could result
in environment contamination and human health effects in the residential areas. once
they are developed. For safety reasons. State regulations prohibit the construction of
any structures directly over the pipeline and a right~f-way (ROW) is usually established.
The width of the ROW is negotiated between the property owner and the pipeline
operator and usually ranges between 20 to 50 feet. Shared ROWs may span 60 to 70
feet. Types of shrubs may be restricted; specifically, structures and large trees cannot
be over pipelines. Compliance with State and applicable local regulations would reduce
future potential impacts health and safety related to pipelines to less than significant
levels.
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VII. FINDINGS REGARDING EFFECTS DETERMINED TO BE MITIGATED TO LESS
THAN SIGNACANT 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 (aX1) and CEOA Guidelines 15091 (aX1), 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 Rnal EIR.
LAND USE AND RELEVANT PLANNING
Short-Tenn Construction
5.1-1 Construction of the proposed Project in future phases may temporarily result in
increased amounts of locat airborne and particulate matter, as well as an
increase in traffic congestion, noise levels, adverse visual impacts and related
effects, thereby causing short-term construction-related impacts to SUlTOunding
uses. Construction-related impacts are temporary and would cease upon project
completion. This is considered a less than significant impact with implementation
of mitigation measures provided in the appropriate sections of this document.
Facts SUDoortinq FindinQ
Project construction-related activities would primarily affect adjacent residential uses to
the north.
Dust generation due to typical construction and grading activities can be anticipated to
temporarily increase local airborne and particulate matter. However, construction-related
dust is more of a nuisance than a serious health threat, and would be offset through
standard construction practices. Construction equipment and staging areas may be
unsightly for adjacent residents and motorists, although vehide staging and materials
stockpiling will be removed as far as practicable from adjacent residences. Construction
activities will also temporarily increase noise due to on-site construction activities.
However, these impacts would be short-tenn in nature and are not expected to continue
after build-<>ut of the proposed Project. In addition. prior to construction, the Project
applicant or contractor will be required to submit a construction Traffic Management Plan
(TMP), which will include restrictions on the hours and routes for construction traffic, as
well as construction traffic safety measures. Short-term impacts are further reduced
through proper Implementation of mitigation measures and construction requirements
identified throughout the EIR.
Mitigation Measure 5.1-1 of the Final EIR reduces impacts below a level of significance.
The measure. is as follows:
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5.1-1 Refer to mitigation measures in Sections 5.5, AESTHETICS, LIGHT AND
GLARE, Section 5.6, TRAFFIC AND CIRCULATION, Section 5.7, NOISE, and
Section 5.8, AIR QUALITY.
Land Use Compatibility On-site
5.1-2 Implementation of the proposed Project would result in the phased elimination of
open space as land uses are developed, thus resulting in potential land use
conflicts between urban uses and open space. Development of the Project site in
accordance with the design and policy standards as set forth by the City of
Bakersfield and County of Kern would reduce impacts to a less than significant
level.
Facts SUPDOrtinq FindinQ
The 617 acre Project site is currently undeveloped except for a water tank owned and
maintained by the CWSC. The entire Project site is located within an area designated by
the Metropolitan Bakersfield General Plan as R-EA and zoned A. Although the entire
site is designated and zoned for agricultural uses, no agricultural activities occur within
or immediately adjacent to the Project site boundaries. Therefore, no compatibility
impacts for Mure on-site residential uses related to agricunural uses would occur.
As discussed in Section 3.0, PROJECT DESCRIPTION, future development of on-site
uses will also indude two non-residential uses, a pari< site with an adjacent fire station.
These uses are anticipated to be located on Chase Avenue in the northwest quadrant of
the site. Although the ultimate size, location, and orientation of these uses are
undefined at this time, the proposed pari< site and fire station will be developed
according to applicable Metropolitan Bakersfield General Plan guidelines, existing
ordinances, and development standards. Final siting will be subject to approval by the
City to ensure that long-term on-site land use compatibility impacts between residential
and pari< uses are minimized to the fullest extent possible. As such, the development
review process, combined with adherence to applicable General Plan and Bakersfield
Municipal Code requirements would reduce potential compatibility impacts to less than
significant levels.
Mitigation Measure 5.1-2 of the Rnal EIR reduces impacts below a level of significance.
The measure is as follows:
5.1-2 Proposed Project development shall be in accordance with the design and policy
standards as set forth by the City of Bakersfield and County of Kern.
Land Use Compatibility Off-site
5.1-3 Implementation of the proposed Project may result in land use compatibility
impacts to sUlTOunding 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).
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Facts Suppartioo FindinQ
The Project includes a Land Use Element Amendment to modify the land use
designation of the Metropolitan Bakersfield General Plan. The proposal is to change the
current land use designation from R-EA to LR and LMR.
The proposed Project would permanently alter the site from its current condition. This
conversion would have long-term land use impacts that would include increased local
traffic, as well as increases in noise, and air pollutants. The impacts associated with
these issues are discussed in detail in the respective sections of this EIR document:
Section 5.6, TRAFFIC AND CIRCULATION, Section 5.7, NOISE, and Section 5.8, AIR
QUALITY. Concerns associated with viewshed and noise impacts for nearby residents
are addressed in Section 5.5, AESTHETICS, LIGHT AND GLARE and Section 5 7
NOISE. . ,
As the Project site is currently undeveloped, the existing residential areas to the north
have the benefit of being located adjacent to undeveloped open space. Although the
proposed Projecl would alter current conditions on the site, the development would be
compatible in density and character with existing residential uses to the north.
Compatibility impacts would be mitigated with applicable design standards pursuant to
requirements set forth by the City of Bakersfield. Therefore, off-site land use impacts to
neighboring residential areas are considered less than significant, due to the consistency
of uses with the surrounding area, and with implementation of the recommended
mitigation measures identified throughout this EIR document.
Mitigation Measure 5.1-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.1-3 Refer to mitigation measures in Sections 5.5, AESTHETICS, LIGHT AND
GLARE, Section 5.6, TRAFFIC AND CIRCULATION, Section 5.7, NOISE, and
Section 5.8, AIR QUALITY.
Consistency with LAFCo Policies
5.1-4 Implementation of the proposed Project would require annexation of the entire
Project site into the City; thus requiring a project consistency analysis against
policies enforced by the Kern County LAFCo. This is considered a less than
significant impact because the proposed Project would be considered consistent
with applicable Kern County LAFCo policies and guidelines.
Facts SupportinQ FindinQ
The entire 617-acre site lies within the existing City'S SOl boundary as depicted in the
General Plan. The proposed Project includes the expansion of the City's corporate limits
to include the proposed Project site.
In that the City swks to annex the proposed site from the County of Kern and modify the
Metropolitan Bakersfield General Plan through an amendment to the Land Use Element,
Circulation Element, and zoning designation, particular focus is given to the goals and
policies of the Kern County LAFCo (refer to Appendix 15.9, GOALS AND POLICY
ANALYSIS). It is noted that LAFCo goals andlor policies not included in the assessment
were omitted due to their having either a negligible or no relationship to the proposed
IN 10-103781
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e) During the life of the project, if the City of Bakersfield adopts an emissions mitigation
program that provides equal or more effective mitigation than measures listed in this
analysis, the developer may choose to participate in the City's program to mitigate air
quality impacts.
f) The purchase of Banked Emission Reduction Credits (ERCs) will fully offset the
project. ERCs, which have been approved by the SJVAPCD, are retained in the
emission inventory for the air basin. Purchase and surrender of ERCs removes them
from this inventory, thus fully offsetting the incremental increase to the emissions
inventory from this project. Therefore, the emissions inventory contained in the SIP
and used for the AQAP will not increase as a result of this project and the AQAP
remains valid.
g) Should ERCs not be available or deemed cost effective, the developer may provide
offsets through other means acceptable to the City Planning Department and approved
by the SJVAPCD.
h) Fees paid to the SJVAPCD through an approved indirect source emissions fee
program may be utilized to provide applicable offsets for the proposed Project.
BIOLOGICAL RESOURCES
54.
55.
56.
57.
58.
Construction vehicle speed limits shall not exceed 15 mph and shall be posted throughout the site
for the duration of construction activities. Open road culverts shall be provided during construction
to prevent vehicular mortality of fox crossing roads.
During construction, all pipes, culverts or similar structures with a diameter of four inches or
greater shall be kept capped to prevent entry of kit fox. If not capped or otherwise covered, the
openings shall be inspected twice daily in the morning and evening and prior to burial or closure
to ensure no kit foxes or other wildlife become entrapped or buried in pipes.
Excavations shall be provided with escape ramps or otherwise be covered to prevent entrapment,
or the site shall otherwise be protected during construction through deployment of a wildlife
exclusion fence, which would eliminate the possibility of ranging animals from being harmed
during construction. Open excavations shall be checked twice daily, in the morning and evening,
to preclude loss of wildlife from entrapment.
Prior to commencement of construction activities, preconstruction clearance surveys shall be
conducted by a qualified biologist within 60 days of initial ground disturbance in accordance with
the provisions of the MBHCP. Any identified kit fox dens shall be monitored, excavated, and
backfilled in accordance with the MBHCP, the CDFG, and the USFWS. Survey windows for the
San Joaquin kit fox can occur at anytime throughout the year.
Preconstruction clearance surveys shall be conducted on no more than 50-foot intervals during
the immediately preceding blunt-nosed leopard lizard survey window, which is occurs in two
seasons: 1) between April 15th and July 15th; and 2) extending between August 1st and September
15th. Surveys shall occur accordingly to the USFWS recommendations for survey days for both
survey seasons.
The Project Applicant shall conduct pre-construction surveys prior to ground disturbance to
ensure that no burrowing owls are present on-site and to ensure avoidance of direct take or
accidental entrapment of burrowing owls. If nests are encountered, use agency-approved buffer
zones and avoid nests until the young have fledged. Additionally, the following measures, taken
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Rio Brevo Annexation No. ~7 Project
. GPÞlZC No. 04-0853
Project or surrounding area. Pursuant to Section 1.2 of the Kern County lAFCo
Procedures, Standards, and Policies for the Evaluation of Proposals, the City shall
submit a plan 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's public services are described in Section 5.11.
PUBLIC SERVICES AND UTILITIES.
The analysis contained in Appendix 15.9, GOALS AND POLICY ANALYSIS, concludes
that there are no significant consistency impacts from the proposed Project associated
with relevant Kern County LAFCo goals and policies_ No additional mitigation would be
required_
Mitigation Measure 5.1-5 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.1-5 Refer to mitigation measures described in Section 5.11, PUBLIC SERVICES
AND UTILITIES.
Consistency with Regional Plans
5.1-7 Implementation of the proposed Project may be inconsistent with area wide
environmental plans. Less than significant impact with implementation of
mitigation measures. As discussed in Section 5.8, AIR QUALITY, the Project has
been determined to be consistent with the San Joaquin Valley Unified APCD Air
Quality Attainment Plan.
Facts Supportinq Findinq
The proposed Project was reviewed to determine consistency with the following plans:
Metropolitan Bakersfield Habitat ConseNStion Plan, Air Quality Attainment Plan,
Bikeways Plan, Emergency Response Plan, Regional Transportation Plan, County Solid
Waste Management Plan, and the County Hazardous Waste Management Plan.
Air Quality Attainment Plan
IN 10.103781
As the Project proposes to amend the Metropolitan Bakersfield General Plan Land Use
designation to allow residential uses as opposed to agricultural uses (the current
General Plan Land Use designation and Zoning designation), the AQAP anticipated
growth of the population and economy within the Basin. The adopted growth forecast for
the Project site is within the Transportation Analysis Zone (TAZ) 384. Kern COG has
determined that T AZ 384 is not at capacity under their projections, even in the year
2030. Assuming 460 households in year 2005 and 1,990 households in year 2030, then
growth from 2005 to 2030 would be 1,530 households, approximately 190 more
households than proposed by Project. However, this rate of growth would accelerate the
buildout of the T AZ and could potentially result in basin emission increases that are in
excess of those forecast by the AOAP or State Implementation Plan (SIP). Therefore,
implementation of the proposed Project may not be consistent with the growth
assumptions of the AOAP. The proposed mitigation measures would offset long-term
Reactive Organic Gas (ROG) and Nitrogen Oxides (NOx) emissions associated with
acceterated growth posed by the Project. Assuming these long-term emissions are
offset by Project buildout, with implementation of mitigation measures, the Project should
be considered to be consistent with the adopted growth forecast and in conformance
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with the AOAP (refer to discussion and mitigation measures in Section 5.8, AIR
QUALITY, for further discussion).
Bikeways Plan
The proposed Project would not affect the Crty's Bikeway's Plan. Bike lanes would be
implemented as appropriate along roadways when full improvements are completed.
Regional Transportalion Plan
The Project would involve the implementation of roadway improvements, such as the
installation of traffic signals and the widening of roadway segments andlor intersections
on a fair-share basis. These improvements are not inconsistent with the policies or
planned Projects of the RTP (refer to Section 5.6. TRAFFIC AND CIRCULATION, for
further infonnation).
Solid Waste Management Plan
Solid waste disposal shall be in accordance with the County's Solid Waste Management
Plan. Refer to Section 5.11. PUBLIC SERVICES AND UTILITIES.
Metropolitan Habitat Conversation Plan
The Project site is located within the pennitted area of the MBHCP. The MBHCP
addresses mitigation and compensation for the loss of endangered species habitat and
impacts to endangered species within the Bakersfield Planning Area. The development
of the site would require the payment of mitigation fees for the preservation of natural
habitat areas in the area (refer to Section 5.9. BIOLOGICAL RESOURCES).
Hazardous Waste Management Plan
The proposed Project would not handle or dispose of hazardous wastes on-site other
than common household chemicals used for 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 5.4. PUBLIC HEAlTH AND SAFETY).
Mitigation Measure 5.1-7 of the Rnal EIR reduces impacts below a level of significance.
The measure is as follows:
Refer to mitigation measures in Sections 5.5, AESTHETICS, LIGHT AND GLARE,
Section 5.6. TRAFFIC AND CIRCULATION. Section 5.7. NOISE. Section 5.8, AIR
QUALITY. Section 5.9, BIOLOGICAL RESOURCES. and Section 5.11, PUBLIC
SERVICES AND UTILITIES.
GEOLOGIC AND SEISMIC HAZARDS
Soil Erosion
5.2-1 Future development of the proposed Project site could result in substantial soil
erosion. Implementation of and compliance with the Bakersfield Municipal Code
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and recommended mitigation measures would reduce impacts to a less than
significant level.
Facts SUDoortina Fmding
According to the Geological Hazards Investigation, the Project area contains soils that
are moderately fine textured and well drained. Grading operations associated with
future development of the Project site and the resultant manufactured embankments
could increase the potential for erosion and siltation both during and after the
construction phase. Increases in impervious surtaces would also result in the
construction of curb and gutters and storm drain systems to collect the runoff. In order
to mitigate the potential effécts of erosion on-site, temporary and permanent erosion
control measures would be required, such as the use of sandbags, hydroseeding,
landscaping, and/or soil stabilizers. The Contractor will be required to submit a Storm
Water Pollution Control Plan (SWPPP), which includes erosion control measures in
order to comply with the NPDES requirements of the Federal Clean Water Act (GINA).
All earthwork is required to be pertonned in accordance with applicable City
requirements as stipulated in the Bakersfield Municipal Code. Earthwork would also be
pertormed in conformance with approved grading plans and any applicable geotechnical
reports prepared for Mure developments on-site. Implementation of appropriate grading
measures would serve to reduce the potential impacts related to erosion to less than
significant levels.
Mitigation Measures 5.2-1a through 5.2-1c of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.2-1a On-site grading shall occur in conformance with established City engineering
guidelines and shall be balanced on-site. Grading and slope contouring shall
adhere to provisions as set forth in the Bakersfield Municipal Code regarding
hillside development (Chapter 17.66 HD, Hillside Development Combining Zone).
Compliance with this measure is subject to review and approval by the City
Engineer.
5.2-1 b Prior to issuance of grading permits for each development, a site specific soils
report shall be completed to the satisfaction of the City Engineer, that further
characterizes and analyzes on-site soil conditions, and identifies appropriate
measures to be implemented to control erosion and dust. The results of the study
shall be used as the basis to complete the required Storm Water pollution
Prevention Plan (SWPPP), which includes elUsion control measures in order to
comply with the National pollution Discharge Elimination System (NPDES)
requirements of the Federal Clean Water Act. Temporary, construction-related,
and permanent erosion control measures may include but not be limited to the
use of sandbags, hydroseeding, landscaping, and/or soil stabilizers.
5.2-1c The overall shape, height and grade of any cut and fill slope contour shall be
developed in concert with the existing natural contours and scale of the natural
terrain. as prescribed in Chapter 1766 of the Bakersfield Municipal Code. The
graded form shall reflect the natural, rounded terrain, wherever possible. The
grading plan shall also reflect a contouring and landscaping program intended to
control erosion. Compliance with this measure is subject to review and approval
by the' City Engineer.
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Fault Rupture
5.2-2 Future development associated with the Project site could potentiaOy expose
people ex strucltxes to effects associated with the rupture of a known earthquake
fault. Compliance with the Bakersfield Municipal Code, the Uniform Building
Code, and recommended mitigation would reduce impacts to less than significant
levels.
Facts SUPDOrtinq Findinq
Several faults are located within the vicinity of the Project site. Maximum probable
ground motion on the Project site would likely be the result of movement along the White
Wolf, San Andreas, Garlock, or Pleito faults. A maximum probable magnitude
earthquake along the White Wolf, located 13 miles southeast of the Project site or the
San Andreas fault, located 39 miles south of the site, could produce intensities as high
as VIII on the Modifled-Mercalli intensity scale resulting in severe danger to life and
property. Two separate Earthquake Fault Zone as defined by the Alquist-Priolo
Earthquake Fault Zoning Act transect portions of the property to the north and south.
Future structures built for human occupancy, as defined by the Alquist-Priolo Earthquake
Fault Zoning Act, should not be built within the Earthquake Fault Zone boundaries
without additional subsurface geotechnical investigation. Implementation of
recommended mitigation measures at the end of this section would serve to reduce fault
rupture related impacts to less than significant levels.
Mitigation Measure 5.2-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.2-2 Prior to approval of tract maps, a subsurface investigation that includes
exploratory trenching shall be conducted to analyze existing and potential fault
hazards associated within the two Alquist Priolo Fault Zone boundaries identified
to the north and south as indicated in the Geological Hazards Investigation. The
subsurface investigation(s) within the Aliquist Priolo Fault Zones shall be
performed to provide the adequate level of information to adequately establish
appropriate setbacks and siting of future structures. Future development shall not
occur in these areas until further investigations conclude otherwise to the
satisfaction of the City Planning Director.
S~ismic Ground Shaking
5.2-3 Future development on-site would increase the number of people and structures
exposed to effects associated with seismically induced ground shaking.
Implementation of Ihe recommended mitigalion measures and compliance with
the Bakersfield Municipal Code would reduce this potential impact to a less than
significant level.
Facts Supportinq Findinq
The intensity of future seismic activity at the proposed Project site is expected to be no
greater than for other sites in the vicinity. The site is expected to experience ground
shaking as a result of regional seismic activity. Due to the site's proximity to several
faults located in the area, ground shaking could be substantial. These impacts
associated with seismically induced ground shaking are considered to be potentially
IN 10-103781
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signifICant. To ensure the safety of life and property. future development on the Project
site will be designed in strict accordance with the minimum earthquake regulations of the
UBC. and the Bakersfield Municipal Code including Chapter 17. Hillside Development
relating to grading. slope contours. and hillside development guidelines. To provide the
adequate level of information to propeOy design and engineer future development. an
engineering geologist would perform additional design-level geotechnical studies on a
project-by-project basis and submitted to the City for approval. The compflance of future
development with recommended mitigation measures and UBC standards would reduce
potential impacts with seismic ground shaking to a less than significant level.
Mitigation Measure 5.2-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.2-3 Engineering design for all future structures shall be based on the probability that
the Project area will be subjected to strong ground motion during the lifetime of
development. Future project development plans shall be subject to the
Bakersfield Municipal Code (induding O1apter 17.66 Hillside Development) and
shall include standards that address seismic design parameters. Seismic ground
shaking shall be incorporated into design and construction in accordance with the
UBC requirements and site SpecifIC design.
Landslides
5.2-5 Implementation of the proposed Project has a low potential of exposing people
to seismically induced landslides. However, due to the existing terrain,
adherence to mitigation measures would be required. Implementation of the
recommended mitigation measures and compliance with the Bakersfield
Municipal Code and the Uniform Building Code would reduce this potential
impact to a less than significant level.
Facts SUPDOrtinq Findinq
As previously mentioned, the Project site is located on level to steep terrain with rolling
hills. Although no landslides have been mapped on the Project site. they have been
mapped a few miles east of the property. Future development of the Project site could
potentially be signifICantly impacted by landslides resulting from strong ground motion
from nearby earthquakes. erosion. or adverse conditions created during grading
activities. The northeast and southeast portion of the site are not considered suilable for
development due to the existing steep terrain. As such. future development of the site
would require strict adherence to the UBe, and the Bakersfield Municipal Code including
Chapter 17.66, Hillside Development. Specific slope stability calculations, analysis and
design of slopes are required during future geotechnical studies on a project-by-proJect
basis. Potential impacts associated with seismically induced landsides would be less
than significant following compliance with recommended mitigation measures, the
Bakersfield Municipal Code, earthquake regulations of the USC, and standards
engineering practices and design criteria.
Mitigation Measures 5.2-5a and 5.2-5b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.2-5a Refer to Mitigation Measure 5.2-3, above.
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natural flows. The amount of runoff detained would be the difference between the 100-
year natural runoff and the 100 year developed runoff.
Although the proposed Project site is not within the Kern River Designated FIoodway or
within the FEMA flood hazard zones. it cannot be assumed that no additional flood
hazards exist within these locations. The Mure increase in development would increase
surface water runoff, contributing to additional storm water flows. Undevelopable areas
have been identified in the Preliminary Drainage Report as being the northeastern and
southeastern portion of the Project site. If determined necessary through additional site
specific hydrological analysis, developable areas could potentially require mitigation on a
project-by-project basis to accommodate the increased surface flows. Based on
available information, impacts are anticipated to be less than significant with the
mitigation measures discussed below. The mitigation measures are recommended to
confirm the adequacy of drainage facilities.
Impacts of Proposed Roadways
Although not currently a part of the annexation and GPA. the site includes plans for
Mure construction of three secondary cotlector street segments to accommodate the
area. These proposed secondary cotlector streets are Chase Avenue connecting
Comanche Drive and Breckenridge Road, a segment from Chase Avenue connecting to
Miramonte Drive. and a segment of roadway connecting to the Rio Bravo Country Oub.
The planned street segments would alter the natural flow conditions, thereby resulting in
impacts to the existing hydrologic and drainage patterns. These potential impacts would
be mitigated to a less than significant level with the installation of drainage facilities
along the proposed roadway to provide adequate hydraulic capacity.
Drainage Right-of-Way Dedications
Right-of-way dedications would be required for future private property occupied by
drainage infrastructure. The nature of these the dedications would be dependent upon
final designs for tracts.
Mitigation Measures 5.3-1a through 5.3-1c of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.3-1a Prior to the approval of final project plans and specif1C8tions, the City Engineer,
or his designee, shall confirm that recommended design elements have been
incorporated so that the Project site will be adequately protected from the 100-
year storm, will not adversely impact downstream properties, and is designed in
conformance with applicable City and County requirements.
5.3-1b Drainage system design requirements for the future developments and all future
roadways shall include, but not limited to:
. Future on-site roadways shall be designed to accommodate adequate
flow capacity.
Appropriate minimum stonndralO pipe size diameter as specified by the
City Engineer.
. Stonndrain flow velocity limitations as specified by the City Engineer.
5.3-1c Adherence to the City of Bakersfield Subdivision Ordinance and Breckenridge
Planned Drainage Area Plan is achieved with the payment of fees used for the
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purposes of defraying the costs of constructing planned drainage facilities and
sewers. Projects within the Breckenridge Planned Drainage Area are subject to a
fee per acre for the Project site. Adherence to hillside development codes and
regulations shall also be required for future development. Proof of payment shall
be provided to the Planning Director prior to the recordation of Final Tract maps.
Water Quality
5.3-3 Implementation of grading, excavation and construction activities associated with
future developments could result in an increase in urban pollutant discharge
resulting in impacts to water quality. Impacts would be reduced to less than
significant levels with the incorporation of NPDES requirements.
Facts SUPDOrtil1Q Findinq
With the future urban development of the site, the proposed Project would result in an
increase in urban pollutant discharge, especially during short-term construction phases.
The discharge of materials other than storm water from a particular site is prohibited.
With urban development projects, the pollutants of concern indude silt and sediment, oil
and grease, floatable trash, nutrients (including fertilizers), heavy metals, pathogens
(such as coliform bacteria) and other substances. Referred to as "controlled pollutants",
discharge of these substances into waters of the United States, are prohibited.
Future proposed developments that involve grading and construction would contribute to
an increase in pollution discharge. Individual development projects would be required to
mitigate short-term construction impacts pursuant to the NPDES criteria and standards
on a project-by-project basis. The purpose of the NPDES permit is to ensure the Project
area will eliminate or reduce construction related sediments and pollutants during storm
water runoff. Construction sediment erosion can be adequately controlled through the
application of standard construction BMPs. The goal of BMPs is to capture and treat
"first flush" storm water run-off generated by surrounding and on-site watersheds. Water
quality management BMPs for grading and construction scenarios may indude the use
of sand bags and straw bales for run-{)ff diversion and velocity reduction, mulch topping.
hydro-seeding and siltation fencing to prevent soil loss and measures to minimize
vehicular leaking and spilling. Implementation and compliance with the NPDES
requirements would reduce construction-related impacts to water quality to a less than
significant level.
Mitigation Measures 5.3-3a and 5.3-3b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.3-3a Prior to approval of individual development projects, the Director of Public Works
or hislher designee, shall confirm that the plans stipulate that prior to issuance of
any grading permits, the project applicant shall be responsible for filing a Notice
of Intent (NOI) and for filing the appropriate fees pursuant to the NPDES
program. The project contactors shall incorporate stormwater pollution control
measures into a SWPPP. BMPs shall be implemented to the maximum extent
possible. Evidence that proper clearances have been obtained through the
SWRCB, including coverage under the NPDES statewide General Stormwater
Permit for Construction Activities. must be demonstrated. A Standard Urban
Storm Water Mitigation Plan (SUSMP) shall be required as required in the
NPDES permit for the area of the Project site draining to the Kern River.
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5.3-3b Future projects shall exercise special care during the construction phase to
prevent any off-site impacts. Erosion control measures and temporary
desiltationldetention basins shall be in place, as approved by the Director of
Public WorI<s. The basins and erosion control measures shan be shown and
specified on the grading plans and shall be constructed to the satisfaction of the
Director of Public Works prior to the start of any other grading operations.
Cumulative Impacts
5.3-4 The proposed Project, in combination with other cumulative projects, would result
in increased degradation of surface water quality and flooding impacts in the
area. Compliance with Federal. State, and local requirements on a project-by-
project basis would reduce cumulative impacts to a less than significant level_
Facts SUDoortinQ Rndinq
Cumulative effects related to hydrology resulting from implementation of the proposed
project and development in the vicinity and surrounding areas may expose more
persons and property to potential water hazards. Cumulative development may also
adversely affect downstream water quality, resulting in impacts to surface and ground
water supplies. The potential cumulative impact is mitigated through required drainage
studies to identify potential impacts, relationship to City and County drainage master
plans, and implementation of appropriate on-site and off-site drainage improvements.
Projects are also required to implement NPDES and BMP measures on a project basis
to reduce potential water quality impacts. In addition, projects may require drainage
improvements in order to be in compliance with the Metropolitan Bakersfield General
Plan and Bakersfield Municipal Gode standards in addition to local and regional agency
requirements, as part of the discretionary review process. There are no cumulative
impacts associated with the proposed Project.
Mitigation Measure 5.3-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-4 A SUSMP shall be required for the proposed Project as required in the
NPDES pennit for the area of the Project site draining to the Kern River.
PUBLIC HEALTH AND SAFETY
Short-Term (Construction) Impacts
5.4-1 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 Less than significant impact with
incorporation of mitigation measures.
Facts SUDDOrtlflQ Findinq
Several agencies have published documents that list businesses or properties that have
handled hazardous materials or waste or may have experienced site contamination. The
governmental sources provided by EDR reported that no aboveground or underground
storage tanks have ever been located on the Project site, and no leaking underground
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storage tank sites are located within at least one-half mile of the proposed project site.
Interviews conducted with the KCEHSO indicated that no records of environmental
problems are on file for properties affecting the Project site. nor the surrounding
adjoining properties. No potential for existing or previously remediated RECs were
found. A review of local regulatory agency records was conducted to help detennine if
hazardous materials have been handled. stored. or generated on the subject site and/or
the adjacent properties and businesses. No hazardous materials records were found.
The Phase I ESA and Phase /I Limited Soils Investigation revealed the potential for
historical drilling mud deposits associated with fonner oil well locations may contain
elevated concentrations of barium, or oil-based drilling muds. The actual presence of
elevated concentration soil deposits at the well locations were not confirmed during the
course the investigations. In addition to the historical oil well facilities, the Phase /I
Limited Soils Investigation identified concentrations of soluble lead in the soil of the
south and central parts of the target benn in the fonner shooting range. lead
concentrations in these soils were reported nearly .35 and 2.6 times the STLC for lead.
which is five milligrams per liter. These elevated concentrations are therefore considered
hazardous according to Trtte 22 of the California Code of Regulations.
Based on the condusions rendered in the Phase I ESA and Phase /I Limited Soils
Investigation, conditions exist on-site that may potentially compromise Project
construction or acquisition of construction easements. Implementation of mitigation
measures identified at the end of this section would serve to reduce these potential
hazardous material impacts to less than significant levels.
Mitigation Measure 5.4-1 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.4-1 Soil within the Project site is reported to contain elevated concentrations of
hazardous materials above regulatory cleanup levels. Prior to recordation of a
final map, all lead and potential barium contaminated soil locations identified in
the Phase I ESA and Phase " Limited Soils Investigation shall be remediated
below hazardous levels established by TItle 22 of the California Code of
Regulations and to the satisfaction of the City Fire Prevention Services. General
remediation measures may include, but not be limited to the following:
· Excavation and disposal at a pennitted, off-site facility;
· On-site treatment; or
· Other procedures deemed appropriate by the identified agency with
closure responsibilities.
5.4-2 Project construction activities do not have the potential to create a significant
hazard to the public through foreseeable upsel and accidental conditions. Less
than significant impact with incorporation of mitigation measures.
Facts Supportinq Findlnq
As indicated in the Phase I ESA and Phase " Limited Soils Investigation report, lead
contamination is present within the historic firing range area and the potential for
Increased concentrations of barium exist in areas of the historic exploratory wells.
Due to the presence of lead contamination and potential barium contamination. future
construction activities have the potential to result in a release of hazardous materials into ,.
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the environment and the accidental release of hazardous substances such as
petroleum-based fuels used for construction equipment. The level of risk associated with
the accidental release of hazardous substances is considered significant due to the
volumes and concentrations of hazardous materials present within the orHiÌte soils and
utilized during construction. The project contractor will be required to use standard
construction controls and safety procedures which would avoid and minimize the
potential for accidental release of such substances (petroleum based fuels) into the
environment. Additionally, the contaminated soil will be required to be remediated to a
level considered non-hazardous. Standard construction practices would be observed
such that any materials released are appropriately contained and remediated as
required by local, State. and Federal law. Implementation of mitigation measures would
reduce these impacts to less than significant.
Mitigation Measures 5.4-2 and 5.4-3 of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.4-2 Refer to Mitigation Measure 5.4-1, above.
Facts SupoortinQ Rndinq
If Valley Fever spores occur within the boundaries of the proposed Project, with the
absence of mitigation, there is potential for the infection of construction workers and
surrounding residents, as well as within the Project area. Any future development would
be required to implement mitigation measures designed to reduce the amount of fugitive
dust during grading activities would reduce the likelihood of Valley Fever to a less than
significant level (refer to Section 5.8, AIR QUALITY). The long-teon covering of portions
of the Project alignment with landscaping material. andlor impervious roadway surfaces
would reduce the long-term potential release of Valley Fever spores to a less than
significant level.
Mitigation Measures 5.4-3a and 5.4-3b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.4-3a Refer to Section 5.8 AIR QUALITY, regarding fugitive dust mitigation measures.
5.4-3b All areas with bare soil exposed as a result of Project earthwork activities shall be
landscaped at the earliest time possible or stabilized by watering when winds
exceed 20 miles per hour (mph) in order to reduce the potential inhalation of
spores causing Valley Fever.
Oil Production Facilities
5.4-3 Several abandoned wells (five) are located within the Project site's boundary,
therefore, health and safety risks are present. Less than sigOlficant impact with
incorporation of mitigation measures.
Facts Supoortlnq Findinq
According to the Phase I ESA and Phase /I Limited Soils Investigation. several
previously abandoned wells are present within the Project site. Future development and
grading activities on the Project site would require that the wells be exposed and the
abandoned status reexamined. Public Resources Code Section 3208.1 authorizes the
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State Oil and Gas Supervisor to order the reabandonment of a previously abandoned
well when construction of any structure over or in the proximity of the well could result in
a hazard. The Division of Oil, Gas, and Geothermal Resources must be notified to
investigate the condition of the wellheads and check for leakage. If any abandonment or
reabandonment is required, the Division of Oil, Gas, and Geothermal Resources would
furnish the necessary closure specifICations. Adherence to closure provisions would
serve to reduce impacts to less than significant levels.
Additionally, Valley Waste Disposal maintains evaporation ponds located approximately
1,000 feet to the east of the subject site. These ponds are used for oilfield waste water.
The ponds are under the jurisdiction of the Central Valley Regional Water Quality
Control Board (RWQCB). No specific setback standards exist with regards to oilfield
waste water facilities. Additionally, the RWQCB has not received complaints regarding
odors emanating from the ponds. Therefore. given the distance from the Project site,
the topographic features between the Project site and the waste water ponds, and the
lack of setback regulations and complaints, impacts of this facility on future on-site uses
are considered to be less than significant.
Mitigation Measure 5.4-4 of the Rnal EIR reduces impacts below a level of significance.
The measure is as follows:
5.4-4 Prior to the recordation of any final map affected, the Project contractor shall
coordinate with the Division of Oil, Gas, and Geothermic Resources to verify that
the existing abandoned wells meet current closure requirements. Should
abandonment or reabandonment be required, appropriate closure activities shall
be completed under consultation with the Division of Oil. Gas, and Geothermal
Resources. Verification of adequate abandonment or reabandonment shall be
provided to the Planning Director prior to the recordation of any final map
affected.
5.4-6 Project implementation would not create a significant hazard to the public or thé
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 SUDportjllQ FindinQ
The proposed annexation, General Plan Amendment (GPA), and zone change does not
involve construction activities within the Project site at this time. Future on-site uses
include 1,300 residential units, a pari< site, and fire station. Therefore, in the future, the
on-site storage and use of hazardous materials may include fire suppression
substances, fuel, cleaning solvents, fertilizers. pesticides, and other materials used in
the regular maintenance of residential structures. With proper use and disposal, these
chemicals are not expected to result in hazardous or unhealthful conditions for nearby
residents or maintenance wori<ers. However, this future development would be subject
to enVIronmental and design review on a site-specific, project by project basis.
Additionally, future development would be required to comply with all applicable local,
State, and Federal regulations and policIes regarding hazardous materials
Mitigation Measure 5.4-6 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
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5.4-6 No mitigation measures beyond compliance with State and local regulations are
required .
Cumulative Impacts
5.4-7 The proposed Project, in combination with other cumulative projects, could
increase exposure to the public of hazardous substances. Compliance with
Federal, State. and local requirements on a project-by-projecl. basis would
reduce cumulative impacts to a less than significant level.
Facts SUPDOrtinQ Findinq
Compliance with Federal. State, and local regulations would ensure that contamination
or exposure to hazardous substances is avoided or controlled to minimize the risk to the
public on a case-by-case basis as the cumulative projects are constructed.
Mitigation Measure 5.4-7 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.4-7 No mitigation measures beyond those identified on a project-by-project basis are
required.
AESTHETICSILlGHT AND GLARE
Short-Term (Construction) Aesthetic Impacts
5.5-1 Grading and construction of individual phases would temporarily alter the visual
appearance of the Project area. Impacts are considered to be short-term, would
cease upon completion of construction activities, and would be reduced to less
than significant levels with implementation of the recommended mitigation
measures.
Facts SUPDOrtinQ Findinq
Project construction activities would temporarily disrupt views across the site from
surrounding areas. Graded surfaces, construction debris, construction equipment and
heavy truck traffic would be visible Soil would be stockpiled and equipment for grading
activities would be staged at various locations throughout the Project site. The use of
metal storage containers in conjunction with construction activities would be subject to
Section 17.57.050 of the Bakersfíeld 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 Bakerslleld Municipal Code requirements, short-term impacts
would be reduced to less than significant levels.
Mitigatton Measure 5.5-1 of the Final EIR reduces Impacts below a level of significance.
The measure is as follows:
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5.5-1 Temporary construction equipment staging areas shall be located within the
Project site through the duration of construction. Appropóate screening (e.g..
temporary opaque fencing [six feet in height)) will be used to buffer views of
construction equipment material. when feasible. All construction activities shall
also be consistent with the Bakersfield Municipal Code requirements and
conditions of apProval. Staging locations shall be indicated on final grading plans.
Long-Term Aesthetic Impacts - Off-Site
5.5-3 Future development allowed under the proposed General Plan Amendment and
zone change may alter views to Analysis has concluded that less than significant
visual impacts would occur with incorporation of recommended mitigation
measures the surrounding area.
Facts SUDoortioo Rndioo
The open space and hillside areas surrounding the Project site are classified as scenic
resources within the Metropolitan Bakersfield General Plan. The foothill area, which is
visible through much of the City, creates a backdrop and provides visual open space
within the eastem portion of the City. Development, particularly if it is dense, will result
in a significant loss of the aesthetic value of the Project area to the community. The
Metropolitan Bakersfield General Plan states that land use intensification has the
potential to alter landforms, scenic vantage points, overall character, and potentially
affect scenic resources. In addition, because of the steepness of the foothills, even
development of individual single family dwellings on large lots can, along with the
needed access roads, result in substantial degradation of the area's aesthetic values.
Views of the foothills are currently available for motorists, pedestrians, and residents
located throughout the City and within the immediate vicinity of the Project site. In the
immediate Project area, views to the foothills are currently unobstructed. thus the
change in visual character from open space to developed conditions would be a distinct
visual alteration compared to existing conditions.
As stated in the previous Impact Statement and analysis, the ultimate conversion of the
617-acre undeveloped Project site to urban uses represents a significant and
unavoidable on-site aesthetic impact. Notwithstanding that conclusion, potential view
impairments to the foothilts are not considered to be significant, as future site
development would be guided by applicable General Plan policies and implementation
actions set forth in the Land Use Element and Open Space Element. Grading techniques
such as limiting the overall shape, height and grade of any cut and fill slope contour to
match the existing natural contours and scale of the natural terrain, as prescribed in
Chapter 17.66 of the Bakersfield Municipal Code would serve to minimize obstruction of
off-site views. This would be enforced through subsequent environmental and design
reviews conducted on a site-specific. project by project basis to ensure visual aesthetic
affects are limited to the greatest extent possible. View impairment impacts are
therefore considered less than significant with implementation of mitigation measures
referenced at the end of this section.
Mitigation Measures 5.5-3a through 55-3c of the Final EIR reduce impacts below a level
of significance: The measures are as follows:
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5.5-2 Future on-site development shall be completed in compliance with the goals and
policies of the Metropolitan Bakersfield General Plan, Chapter 17.66, Hillside
Development Combining Zone of the Bakersfield Municipal Code, and the goals
and policies of the Metropolitan Bakersfield General Plan.
5.5-3a Future on-site development shall be completed in compliance with the goals and
policies of the Metropolitan Bakersfield General Plan, Chapter 17.66, Hillside
Development Combining Zone of the Bakersfield Municipal Code.
5.5-3b Grading for future development phases shall be designed in accordance with
acceptable grading criteria as defined in Chapter 17.66, Hillside Development
Combining Zone of the Bakersfield Municipal Code. Grading plans shall consider
the following: 1) manufactured cut and fill slopes exceeding ten feet in height
which are exposed to any public view shall be landfonn graded so that their
ultimate appearance will resemble a natural slope and 2) slopes along streets
and highways, slopes adjacent to par1<s, schools. open spaces, and other public
facilities shall be engineered to retain as much natural slope as possible.
Compliance with this measure is subject to grading plan review and approval by
the City Engineer prior to issuance of grading pennits.
5.5-3c Maximum grade of streets, public or private, and other access easements shall
be detennined in accordance with a Policy on Geometric Design of Highways
and Streets, American Association of State Highway and Transportation OffICials
(AASHTO) 1990, for design of maximum grades for arterials, collectors, and local
streets.
Light and Glare Impacts
5.5-4 The Project would generate additional light/glare beyond existing conditions due
to street lighting and project-related vehicular traffic. Less than significant impact
with incorporation of mitigation measures.
Facts SUDDOrtinq Findinq
Implementation of the proposed Project would convert portions of the Project area to an
urban, built environment, thus resulting in the introduction of light into the area. The
introduced light would consist of lighting for residences and streets. If this lighting is not
adequately focused or screened, it may cause spilk>ver lighting and glare that may
present a nuisance to residential uses or act as a deterrent to wildlife in sensitive habitat
areas during evening hours and may present a nuisance or potential safety hazard by
distracting motorists during daylight hours.
Light and glare impacts can be substantially reduced through siting development in
areas that utilize existing topographic features as a barrier. With the implementation of
the recommended mitigation measures. light sources from individual future on-site
residential development would not have a significant impact on surrounding areas.
Street lighting illumination would be comparable to existing nearby residential
developments. Proper lighting techniques to direct light on-site away from adjacent
properties would reduce potential light and glare impacts to a less than siC)nificant level.
According to the Metropolitan Bakersfield General Plan EIR, development that would
convert vacant land to urbanized uses would create additional sources of light and glare.
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The Metropolitan Bakersfield General Plan provides goals and policies that would serve
to reduce aesthetic impacts associated with light and glare and it provides programs that
serve to implement the goals and policies that address light and glare in Metropolitan
Bakersfield. Therefore, Mure development would be required to comply with the goals
and policies of the General Plan as well as undergo project specific environmental and
design review by the City and/or County. Implementation of the recommended mitigation
measures and proper lighting techniques, compliance with the General Plan, and
environmental and design review would reduce future project impacts to Iéss than
significant levels.
Mitigation Measures 5.5-4a and 5.5-4b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.5-4a Lighting for all future on-site development proposals shall be designed in
accordance with the goals and policies of the Metropolitan Bakersfield General
Plan. This measure is subject to the requirements of the Bakersfield Municipal
Code.
5.5-4b Exterior lighting shall be implemented pursuant standards and specifications
contained in Bakersfield Municipal Code Section 13.12.030 (B), Subdivision
Design Manual. and other applicable standard manuals referenced under Section
13.12.030 (B) which include minimization measures for outside lighting to utilize
low pressure sodium lighting andlor the provision for lighting to be shielded and
filtered according to wattage and lamp type.
TRAFFIC AND CIRCULATION
Short-Tenn (Construction) Impacts
5.6-1 Project-related construction activities would result in temporary circulation
impacts on nearby residents, pedestrians, bicyclists, and potential traffic
rongestion. However, these impacls are considered a temporary nuisance and
would cease upon Project completion. Implementation of recommended
mitigation measures would reduce impacts to less than significant levels. .
Facts Supoortinq RndinQ
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
ronstruction of the proposed Project. The TMP would delineate all road closures.
provisions to maintain access to nearby residential properties at all times, adequate
sign-postings. detours, provisions for pedestrian. bicycle transportation, and permitted
hours of construction activity Proper detours and warning signs will be established along
the Project perimeter to ensure public safety. The TMP shall be devised so that
ronstruction would not interfere with emergency response or evacuation plans. Due to
the relatively rural nature of the Project and surrounding vicinity, implementation of the
TMP and recommended mitigation would result in less than significant impacts.
Mitigation Measures 5.6-1a and 5.6-1b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
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5.6-1a With submittal of a grading plan, a Traffic Management Plan (TMP) shall be
submitted for review and approval to the City of Bakersfield Public Works
Department. Such plan shall consist of prior notices, adequate sign posting, and
detours (including for pedestrians and bicyclists). The TMP shall specify
implementation timing of each plan element (prior notices, sign-posting, detours,
etc.) as determined appropriate by the City Engineer. The TMP shall be
reviewed and approved by the City Police and Fire Departments so that
construction does not interfere with any emergency response or evacuation
plans. Construction activities shall proceed in a timely manner to minimize
impacts.
5.6-1b Proper detours and warning signs shall be established to ensure public safety.
This inctudes the use of proper lighting (where appropriate); fencing and
shielding; proper storage of equipment and construction supplies; and covering
loose piles of soil, silt, ctay, sand debris, or other earthen material.
Traffic Generation
5.6-2 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 Wlfh Mitigation.
Facts Supportinq Findinq
The annexation and corresponding General Plan Amendment (GPA) and zone change
would allow the development of up to 1,300 residential units at buildout. The traffic
related to the proposed Project was calculated in accordance with the following accepted
procedural steps: (1) Trip Generation; (2) Trip Distribution; and (3) Traffic Assignment.
Overall, to lessen Project impacts, mitigation is recommended, which requires payment
of traffic impact fees and Project fair share contribution towards implementation of
improvements.
Mitigation Measure 5.6-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.6-2 Refer to Mitigation Measures 5.6-48 and 5.6-4b, below.
Access
5.6-3 Future development of the site would require secondary access to provide
adequate site circulatIOn and emergency access. Analysis has concluded that
with incorporation of recommended mitigation measures, impacts are reduced to
less than significant.
Facts Supportinq Findinq
In accordance with the 2010 General Plan update. it was assumed for the purposes of
the Traffic Study that a northeasteny extension of Chase Avenue to Comanche Drive
would be completed by the year 2024. It is anticipated that this extension will be
constructed in conjunction with adjacent development. It was also assumed that the
segment of Chase Avenue extending easter1y and southeasteny from Comanche Drive
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to Breckenridge Road would be constructed for future anticipated traffic generated by
the Project. From a transportation viewpoint, the proposed Project could develop up to
390 residences before construction of Chase Avenue to Comanche Drive or
Breckenridge Road would be required. Access on Miramonte Drive to State Route 178
would allow up to 390 residences while maintaining an acceptable level of service in
both the existing and Mure conditions. provided that the proposed traffic signal is
installed at the intersection of Miramonte Drive and State Route 178. However, City of
Bakersfield policy requires secondary access points be provided on developments over
200 residences. Therefore, the construction of Chase Avenue to Comanche Drive or
Breckenridge Road would be required prior to the recordation of the 200'" residential unit
on-site. As stated in Section 5.11. Public Services and Utilities, the City's Fire
Department requires secondary access connection along Chase Avenue between
Miramonte and Comanche Drive prior to recordation of future subdivisions on-site.
Completion of Chase Avenue consistent with Mitigation Measure 5.11-1d in Section 5.11
would serve to meet adequate circulation and emergency access needs on-site.
Mitigation Measure 5.6-3 of the Rnal EIR reduces impacts below a level of significance.
The measure is as follows:
5.6-3 Refer to Mitigation Measure 5.11-1 d in Section 5.11.
Cumulative Traffic (2024 Conditions)
5.6-4 Implementation of the proposed Project, combined with cumulative project
development, may cause a significant increase in traffic when rompared to the
traffic capacity of the street system and may exceed an established LOS
standard. Less Than Significant With Mitigation.
Facts SUDDortinq Findinq
Many agricultural areas within the Project vicinity are transitioning to residential and
commercial land uses. Average annual growth rates of 0.2 to 18 percent were applied to
existing traffic volumes to estimate Mure traffIC volumes for the year 2024. The rates were
developed based on a review of historical growth rates in the Project vicinity and
KemCOG's TPPLUS traffic model for the year 2030.
Overall, with adherence to the Metropolitan Bakersfield RTIF, applicable goals and
policies of the Metropolitan Bakersfield General Plan, implementation of the Project's
pro-rata share of the recommended improvements. and consideration of future
circulation improvements on a project-by-project basis, cumulative traffic impacts would
be mitigated to less than significant levels.
Mitigation Measures 5.6-4a and 5.6-4b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.6-4a Prior to issuance of building permits. the Project Applicant shall comply with the
City's Regional Transportation Impact Fee Program (RTIF) in accordance with
the standard residential. commercial, and industrial per- lot rate.
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5.6-4b For impacted intersections subject to fair-share improvements (refer to Tables
5.6-11 and 5.6-13), the Project Applicant shall participate in the improvements
required on a pro-fata fair-share basis, as indicated in Table 5.6-16, (Future
Intersection Improvemenls and Local Mitigation).
NOISE
Short-Term (Construction) Impacts
5.7-1 Grading and construction within the Project area would result in temporary
noise impacts on nearby noise sensitive receptors. Analysis has concluded
that temporary construction noise would resutt in a less than significant impact
with implementation of mitigation measures.
Facts SupDOrtinQ FindinQ
Construction activities would include demolition, grading, construction of buildings, and
paving. Construction activities generally have a short and temporary duration. lasting
from a few days to a period of several months. Groundbome noise and other types of
construction-related noise impacts would typically occur during the initial site
preparation, which can create the highest levels of noise: but is also generally the
shortest of all construction phases. High groundborne noise levels and other
miscellaneous noise levels can be created by the operation of heavy-duty trucks,
backhoes, bulldozers, excavators, front-end loaders, compactors, scrapers and other
heavy-duty construction equipment. Operating cycles for these types of construction
equipment may involve one or two minutes of full power operation followed by three to
four minutes at lower power settings. Other primary sources of acoustical disturbance
would be random incidents, which would last less than one minute (such as dropping
large pieces of equipment or the hydraulic movement of machinery lifts).
Standard residential construction in California provides a 20 dBA reduction of interior
noise levels with windows closed and a 12 dBA reduction with windows open. Per the
Bakersfield Municipal Code, construction would be limited to the hours of 6:00 AM to
9:00 PM on weekdays and 8:00 AM and 9:00 PM on weekends. Implementation of the
mitigation (i.e., mufflingl placement of construction equipment and 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 5.7-1 a through 5.7-1 d of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.7 -1 a Prior to issuance of grading pennits, 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.
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5.7-1b During construction. stationary construction equipment shall be placed such that
emitted noise is directed away from noise-sensitive receptors. to the satisfaction
of the Building Official.
5.7-1c Prior to approval of the project plans and specifications by the City Planning
Department. the construction contractor shall incorporate feasible muffling
features into all construction vehicles and equipment and into construction
methods, and shall maintain all construction vehicles and equipment in efficient
operating condition.
5.7-1d The Project plans and specifications prior to approval by the City Planning and
Building Departments, shall stipulate that stockpiling and construction vehicle
staging areas shall be located as far away as practical from noise-sensitive
receptors during construction activities.
On-Site Mobile Source Impacts
5.7-3 Project implementation would generate additional vehicular travel on the roadway
network, thereby resulting in permanent noise level increases. Analysis has
concluded that with the incorporation of recommended noise attenuating design
features. long-term vehicular- related noise would not exceed the City's 65 dB
CNEL compatibility standard for future on-site residences.
Facts SUDPortinq Findinq
As indicated in the Acoustical Analysis, prepared by Gordon Bricken and Associates, the
Year 2024 65 dBA CNEL contour would extend approximately 107 feet from the
centerline along Breckenridge Road. The potential extent to which the traffic noise levels
could affect the project lies along Breckenridge Road since it comes near the southeast
comer of the Project site. The 65 dBA CNEL contours from the other roadways do not
affect the project site. Some residential locations could potentially be exposed to traffic
noise levels in excess of 65 dBA CNEL. Based on the conceptual nature of the site plan,
the mitigation components cannot be adequately determined at this time. It is
recommended that additional noise analysis be conducted prior to Tentative Tract Map
approval to ensure that adequate noise mitigation is provided to meet the City of
Bakersfield noise standards. The report would evaluate the interior and exterior noise
impacts based upon the actual roadways, pad elevations and building design. With
implementation of the recommended mitigation, which requires additional noise analysis,
a less than significant impact would occur in this regard.
Mitigation Measure 5.7-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.7-3 Prior to residential development. an acoustical noise analysis shall be prepared
to ensure that exterior and interior noise levels are met. Residential buildings or
structures shall prepare an acoustical analysis showing that the building has
been designed to limit intruding noise to Ihe level prescribed (interior of 45 dBA
CNEL and exterior 65 dBA CNEL). To the extent feasible. the following site-
planning techniques shall be implemented:
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Increasing the distance between the noise source and the receiver.
Using non-noise sensitive structures such as garages to shield noise-sensitive
areas.
Orienting buildings to shield outdoor spaces from a noise source.
Incorporating architectural design strategies, which reduce the exposure of
noise-sensitive spaces to stationary noise sources (i.e., placing bedrooms or
balconies on the side of the house facing away from noise sources). These
design strategies shall be implemented based on recommendations of an
acoustical analysis for individual developments, as required by the City to comply
with City noise standards.
Incorporating noise barriers, walls, or other sound attenuation techniques, based
on recommendations of acoustical analysis for individual developments, as
required by the City to comply with City noise standards.
Modifying elements of building construction (i.e.. walls, roof, ceiling, windows,
and othef' penetrations), as necessary to provide sound attenuation. This may
include sealing windows. installing thicker or doublei lazed windows, locating
doors on the opposite side of a building from the noise source. or installing solid-
core doors equipped with appropriate acoustical gaskets.
Stationary Source Impacts
57-4 Implementation of the proposed Project would result in the generation of on-site
noise associated with future residential units. Analysis has concluded that
impacts would be less than significant with the implementation of recommended
mitigation measures.
Facts SupPOrtinQ FindinQ
Future development of residential lots would create stationary noise typical of any new
residential development. Noise that is typical of residential areas indudes such things
as children playing, pet noise, amplified music, car repair, pooVspa equipment,
woodwor1<ing 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 Bakersfietd General Plan. The General Plan states that exterior noise
levels in residential property shall not exceed the basic noise standard of 45 dBA for
interior noise and 65 dBA exterior residential property line. Thus, noise Impacts from the
residential uses are anticipated to be less than significant in this regard.
Mitigation Measures 5.7-4a and 5.7-4b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5 7-4a As a condition of approval, when a site plan with sufficient detail is available, a
final acoustical analysi5 shall be conducted to the satisfaction of the City
Planning Department to confirm that electrical and mechanocal equipment (i.e.,
ventilation and air conditioning units and pool equipment) is specified in a
manner that compiles with the NOise level Perfonnance Standard (NlPS) limit of
IN 10-103781
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50 dBA. The NLPS shall be applicable on any residential lot other than the lot in
which it sited. In multifamily projects, the individual units shall be considered as
individual residential uses and private areas such as patios and decks would be
subject to the requirement.
5.7 -4b Buyers, renters or lessees within the project whom are located within the
proximity of Mesa Marin Raceway shall be notified of the raceway operations and
that noise from this facility may be audible on a periodic basis.
AIR QUALITY
Short-Term (Construction) Emissions
5.8-1 Temporary construction-l'elated dust and vehide emissions would occur during
construction within the Projed area. Analysis has concluded that impacts
would be mitigated to a tess than significant level.
Facts Supoortino Findinq
Short-term construction related emiSSions are primarily related to the grading and
construction phases of a project and are seen as temporary in nature. Compliance with
SJVAPCD Rules and Regulations, the local zoning code, and additional mitigation
measures will reduce PM,o fugitive dust emissions to ensure that emissions remain at a
less than significant level. Actual emissions will depend on the level of activity and the
type of control being used.
In addition, the GAMAQI, recommends that projects with buildout periods in excess of
five years to model the project's emissions at the midpoint of the duration of construction
activities. As the proposed Project is expected to have a buildout of approximately ten
years, an additional URBEMIS run was completed for the five-year mid-way point. The
mid-way point emissions associated with the Project would be less than SJVAPCO
significance threshold levels for ROG and NOx. As calculated by URBEMIS, short-term
emissions with all listed equipment would result in less than significant levels.
Annualized emissions are expected to remain below significance threshold levels even
with overlapping phases and variations in equipment usage.
Mitigation Measures 5.8-1a through 5.8-1d of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.8-1a To minimize engine exhaust emissions during Project construction. the Applicant
shall implement the following measures:
Properly and routinely maintain all construction equipment, as
recommended by manufacturer's manuals. to control exhaust emissions.
. Shut down equipment when not in use for extended penods 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.
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Use electric equipment for construction whenever possible in lieu of fossil
fuel-fired equipment.
·
Curtail construction during periods of high ambient pollutant concentrations.
·
Construction equipment shall operate no longer than eight cumulative hours
per day.
·
All construction vehicles shall be equipped with proper emtsslon control
equipment and kept in good and proper running order to reduce NOx
emissions.
·
On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if
permitted under manufacturer's guidelines.
·
On-Road and Off-Road diesel equipment shall use diesel particulate filters
if permitted under manufacturer's guidelines.
·
On-Road and Off-Road diesel equipment shall use cooled exhaust gas
recirculation (EGR) if permitted under manufacturer's guidelines.
·
Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized
if economic and available to reduce NO. emissions.
·
All construction activities within the project area shall be discontinued
during the first stage smog alerts.
·
Construction and grading activities shall not be allowed during first stage
ozone alerts. First stage ozone alerts are declared when the ozone level
exceeds 0.20 ppm (1-hour average).
5.8-1b 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 PM10 Prohibition. The following mitigation measures,
in addition to those required under Regulation VIII of the SJVAPCD, shall be
implemented to reduce fugitive dust emissions:
· Water previously disturbed exposed liurfaces (soil) a minimum of three-
times/day or whenever visible dust is capable of drifting from the site or
approaches 20% opacity.
· Water all haul roads (unpaved) a minimum of three-times/day or whenever
visible dust from such roads is capable of drifting from the site or
approaches 20% opacity.
All access roads and parking areas shall be covered with asphalt-concrete
paving or water sprayed regularly.
· Oust from all on-site and off-site unpaved access roads shall be effectively
stabilized by applYing water or using a chemical stabilizer or suppressant.
· Reduce speed on unpaved roads to less than 15 miles per hour.
IN 10-103781
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·
Install and maintain a trackout control device that meets the specifications
of SJV APCO Rule 8041 if the site exceeds 150 vehicle trips per day or
more than 20 vehicle trips per day by vehicle with three or more axles
·
Stabilize all disturbed areas, including storage piles, which are not being
actively utilized for construction purposes using water. chemical stabilizers
or by covering with a tarp, other suitable cover or vegetative ground cover.
·
Control fugitive dust emissions during land clearing, grubbing, scraping.
excavation, leveling, grading, or cut and fill operations with application of
water or by presoaking.
·
When transporting materials offsite, maintain a freeboard limit of at least six
inches and cover or effectively wet to limit visible dust emissions.
·
Umit and remove the accumulation of mud and/or dirt from adjacent public
roadways at the end of each workday. (Use of dry rotary brushes is
prohibited except when preceded or accompanied by sufficient wetting to
limit visible dust emissions and use of blowers is expressly forbidden).
·
Stabilize the surface of storage piles following the addition or removal of
materials using water or chemical stabilizer/suppressants.
·
Remove visible track-out from the site at the end of each workday.
·
Cease grading activities during periods of high winds (greater than 20 mph
over a one-hour period).
·
Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict
use of cutback, slow-cure and emulsified asphalt paving materials.
·
Grading should be conducted in phases.
·
Project site shall not be cleared of existing vegetation cover until required
by construction.
·
The project developer shall revegetate graded areas as soon as it is
feasible after construction is completed.
5.8-1c Prior to issuance of any building permits, Contractors andlor Developer shall
submit a written statement to the City of Bakersfield Planning Department stating
that they shall maintain records documenting compliance with all mitigation
measures as required and shall make such records available to the SJVAPCO
upon request
5.8-1d Prior to the issuance of any building permits, Contractors and/or Developer shall
submit a written statement that they will allow an authorized representative of the
SJVAPCD to review construction equipment activity and mitigation measure
records for the purpose of assuring compliance with the applicable requirements
of these mitigation measures and all tract development requirements.
IN 10-103781
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Long-Term (Operational) Impacts
5.8-3 The project would result in an overall increase in the local and regional
poilu/ant 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 NO, and ROG. Analysis has concluded
that impacts would be mitigated to a less than significant level.
Facts SUPDOrtinq Findinq
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, and landscape maintenance equipment Mobile emissions
would be generated by the motor vehicles traveling to and from the Project site.
Mitigation Measures 5.8-38 and 5.8-3b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
To reduce emissions from mobile sources, incorporate transportation control measures
and design features into the Project. The below-listed control measures provide a
strategy to reduce vehicle trips, 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.
· The project design shall comply with standards set forth in Title 24 of the Uniform
Building Code to minimize total consumption of energy.
· The developer shall position as many home sites as possible with a north/south
exposure.
· The developer shall ensure that all residential units are designed in compliance
with SJVAPCD Rule 4901 regarding wood burning fireplaces and wood burning
heaters.
· Applicants shall be required to comply with applicable mitigation measures in the
Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation
VIII and Indirect Source Rules for the SJVUAPCD
· The developer shall petition the Golden Empire Transit District (GET) to conduct
a service study to determine if the project site warrants being annexed into the
GET operational system.
· Specific bus turnouts and shelters shall be located at appropriate locations to
serve residential sites wtthln the project area In consultation with the Golden
Empire Transit District. The bus turnouts and shelters shall be planned by
developers in the project area and local transportation coordinating entities to
encourage the efficient and practical use of public transit entities servicing the
project area.
IN 10-103781
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5.8-3b To achieve the emissions reductions as described above. mitigation programs
such as, but not limited to the following, shall be considered by the subdivider:
SJVAPCD Mitioation Fund:
Should the SJVAPCD implement an air quality mitigation program, the subdivider, could
elect to participate as set forth below.
·
The Developer may provide emissions offsets through participation in a voluntary
emission reduction program (VERP) through the San Joaquin Valley APCD' The
VERP will require the developer to enter into a binding agreement with the
SJVAPCD that will require the SJVAPCD to:
Review the air emission impact assessment protocol and quantification of
emission estimates attributable to the project.
Acceptance of the estimated monetary value of the emission reductions to
equal the emissions from the project.
Locate and implement the emissions redudions.
Certify that the emission redudions have been made to the lead agency and
the developer in the form ota certificate.
·
During the life of the project, if the City of Bakersfield adopts an emiSSions
mitigation program that provides equal or more effedive mitigation than
measures listed in this analysis, the developer may choose to participate in the
City's program to mitigate air quality impacts.
·
The purchase of Banked Emission Reduction Credits (ERCs) will fully offset the
projed. ERCs, which have been approved by the SJVAPCD, are retained in the
emission inventory for the air basin. Purchase and surrender of ERCs removes
them from this inventory, thus fully offsetting the incremental increase to the
emissions inventory from this project. Therefore, the emissions inventory
contained in the SIP and used for the AQAP will not increase as a result of this
projed and the AQAP remains valid.
·
Should ERCs not be available or deemed cost effective, the developer may
provide offsets through other means acceptable to the City Planning Department
and approved by the SJVAPCD.
·
Fees paid to the SJVAPCD through an approved indirect source emissions fee
program may be utilized to provide applicable offsets for the proposed project
Cumulative Impacts
5.8-6 Impacts on regional air quality resulting from the proposed Project and
cumulative projects may impact existing regional air quality levels on a
cumulative basIs. Analysis has concluded that less than significant cumulative
impacts wllh Incorporation of mitigation measures would occur.
IN 10-103781
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Facts Supoorul1Q FindinQ
The SJVAPCD Guide for Assessing and Mitigating Air Quality Impacts defines
cumulative impacts as two or more individual effects which. when considered together.
are considerable or which compound or increase other environmental impacts. The
document also states "any proposed project that would individually have a significant air
quality impact... would also be considered to have a signifICant cumulative air quality
impact". Therefore, NO. and ROG are considered cumulatively significant.
The cumulative analysis is based, in part, on a quantitative analysis of projects in the
vicinity of the proposed Project, and is supplemented with an analysis of data utilized by
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 confinns whether the proposed Project, when added to existing and proposed
development and compared with local and regional growth forecasts, are in line with
those forecasts. The analysis then determines conformance with SIP emission budgets
or baseline emissions for NO.. ROG, CO and PM,o. Along with the CO "Hot Spot-
analysis and T ACs. the combined analyses provide a detailed description of the Project's
overall cumulative impact on air quality.
The proposed Project. can be considered part of the anticipated growth within the
Planning Area Limits set forth by the Metropolitan Bakersfield General Plan. The
Project, along with past present and reasonably foreseeable future projects will result in
cumulative short-tenn impacts to air quality.
The proposed Project. along with other past, present and reasonably foreseeable future
projects will result in cumulative long-tenn impacts to air quality. The proposed Project's
incremental contribution to these impacts will be mitigated to a level of insignificance.
Mitigation Measure 5.8-B of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.8-6 Refer to Mitigation Measure 5.8-3a and 5.8-3b.
BIOLOGICAL RESOURCES
Short-Term (Construction) Impacts
5.9-1 Construction of the proposed Project would result in temporary impacts to
biological resources in the Project area. Project adherence to all applicable
construction minimization measures outlined throughout this EIR. would reduce
impacts to less than significant levels.
Facts SUPDortinQ FlndinQ
Grading activities would disturb soils and result in the accumulation of dust on the
surface of leaves, trees, shrubs, and herbs. The respiratory function of the plants in the
area would be impaired when dust accumulation is excessive. However, most of the
vegetation on the Project site is non-native. Implementation of standard dust
suppression measures identified in Section 5.9. AIR QUALITY. would serve to reduce
IN 10-103781
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constructiolHelated dust generation. Therefore, the indirect effect of impaired respiration
by existing plant species on the Project site is considered less than significant.
Noise levels on the Project site during construction of the proposed Project would likely
increase above existing noise levels then return to a lower level following the completion
of the construction period. However, temporary increases in noise levels are unlikely to
impact wildlife because animals in the vicinity are limited. The Project is not expected to
result in wildlife displacement adjacent to the site due to increased disturbance.
Therefore, Project-related construction noise impacts would be considered less than
significant.
Mitigation Measures 5.9-1a and 5.9-1b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.9-1 a Refer to mitigation measures provided in Section 5.9, AIR QUALITY.
5.9.1b Construction vehicle speed limits shall not exceed 15 mph and shall be posted
throughout the site for the duration of construction activities. Open road culverts
shall be provided during construction to prevent vehicutar mortality of fox
crossing roads.
Special Status Wildlife
5.9-3 Due to the existing on-site and surrounding conditions, potential impacts to
special status wildlife species are not expected to occur. However due to the
potential range of such species. conformance to the MBHCP would be required
to reduce impacts to less than significant levels. Less than significant impacts
with incorporation of mitigation measures are anticipated in this regard.
Facts SUDDortino Findinq
During the surveys conducted for the proposed Project, no listed wildlife species or their
signs were observed. The Federally and State-listed Threatened San Joaquin kit fox is
known to exist within the Project region, however, no signs or evidence of the kit fox
such as scat or prey bones were identified on the site. No other species of concern
were observed or expected to inhabit the Project site including, the Federal and State
Endangered blunt-nosed leopard lizard, tricolored blackbird, Species of Concern
burrowing owl, southwestern pond turtle, Federal Threatened valley elderberry longhorn
beetle, and Federal Endangered and State Threatened San Joaquin kit fox.
All sensitive species listed above were not identified as part of the MBHCP except for
the San Joaquin kit fox and the blunt-nosed leopard lizard. Compliance with the MBHCP
is intended to conserve entire communities and ecosystems and prevent the loss of
species and habitats. Although not known to occur in the immediate vicinity of the
proposed Project site. impacts on habitat for speCial status species, including the San
Joaquin kit fox, would be mitigated through the payment of a one-time mitigation fee due
and payable to the City of Bakersfield at the time grading plans are approved or building
permits are issued. The mitigation fee. as previously mentioned above, is currently
$1.240 per acre. although it may be increased ,n the future to keep pace with inflation.
The mitigation fee will apply to the acres of all vegetation types directly impacted by the
proposed Project.
IN 10-103781
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Also, the MBHCP requires certain take avoidance measures for San Joaquin kit fox
dens. Although no fox dens were observed during the site survey, some potential,
favorable areas were located on the Project site, such as surface pipes. It is also
possible that new dens could be excavated or potential burrows could be occupied prior
to construction. Agency guidelines regarding tracking and excavation will be followed to
prevent entrapment of animals in potential dens.
Mitigation Measures 5.9-3a and 5.9-3f of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.9-3a During construction. all pipes, culverts or similar structures with a diameter of
four inches or greater shall be kept capped to prevent entry of kit fox. If not
capped or otherwise covered, the openings shall be inspected twice daily in the
moming and evening and prior to burial or closure, to ensure no kit foxes or other
wildlife become entrapped or buried in pipes.
5.9-3b Excavations shall be provided with escape ramps or otherwise be covered to
prevent entrapment, or the site shall otherwise be protected during construction
through deployment of a wildlife exclusion fence, which would eliminate the
possibility of ranging animals from being hanned during construction. Open
excavations shall be checked twice daily, in the morning and evening, to
preclude loss of wildlife from entrapment.
5.9-3c Prior to commencement of construction activities, preconstruction clearance
surveys shall be conducted by a qualified biologist within 60 days of initial ground
disturbance in accordance with the provisions of the MBHCP. Any identified kit
fox dens shall be monitored, excavated. and backfilled in accordance with the
MBHCP, the CDFG, and the USFWS. Survey windows for the San Joaquin kit
fox can occur at anytime throughout the year.
5.9-3d Preconstruction clearance surveys shall be conducted on no more than 50-foot
intervals during the immediately preceding blunt-nosed leopard lizard survey
window, which is occurs in two seasons: 1) between April 15'" and July 15"'; and
2) extending between August 1" and September 15"'. Surveys shall occur
accordingly to the USFWS recommendations for survey days for both survey
seasons.
5.9-3e The Project Applicant shall conduct pre-construction surveys prior to ground
disturbance to ensure that no burrowing owts are present on-site and to ensure
avoidance of direct take or accidental entrapment of burrowing owls. If nests are
encountered, use agency-approved buffer zones and avoid nests until the young
have fledged. Additionally. the following mitigation which meets CEQA
requirements, will reduce impacts to this sensitive species to less than
significant:
. Occupied burrows shall not be disturbed during the nesting season
(February 1 through August 31) unless a qualified biologist approved by the
CDFG verifies through noninvasive methods that either: (1 ) the birds have
not begun egg-laying and Incubation: or (2) that juveniles from the occupied
burrows are foraging independently and are capable of independent
survival.
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5.9-3f The presence of any previously unidentified protected species, which are not
addressed in the MBHCP shall be avoided and evaluated by a qualified biologist.
The USFWS and CDFG .shall be notified of previously unreported protected
species. MY take of protected wildlife shall be reported immediately to the CDFG
and USFWS.
Long-Term Impacts
5.9-4 The proposed Project would result in permanent long-term impacts to biological
resources compared to existing conditions. Analysis has concluded that no
significant changes in composition or distribution of wildlife would occur.
However, implementation of mitigation measures would reduce impacts to less
than significant impacts.
Facts SupoortillQ Findinq
The following impact analysis evaluates long-term implications of the proposed Project
on biological resources.
Future development of the 617 acre Project site would result in the loss of native and
non-native vegetation associations and the wildlife habitat they provide. Both native and
non-native habitats within the Project site may provide nesting, foraging, and denning
opportunities for a wide variety of wildlife species. However, non-native habitats
generally provide low quality wildlife habitat. The future removal of native and non-native
habitats within the Project site would result in the loss of small mammals, reptiles,
amphibians, and other animals of slow mobility that are present within the Project area.
More mobile wildlife species now using the Project site would be forced to move into
remaining areas of open space, consequently increasing competition for available
resources in those areas. This situation would result in the loss of individuals within the
wildlife population that cannot successfully compete. The loss of native and non-native
habitats from future on-site development would not result in any substantial reduction of
general wildlife population in the region because a substantial amount of open space is
available adjacent to the Project site. Therefore, these impacts are considered to be less
than significant.
As previously described under the Existing Conditions subsection, no wildlife migration
corridors or wildlife nursery sites were identified during the field reconnaissance for the
Biota Report. Thus, impacts would occur in this regard.
As traffic and occupancy increases with future on-site development of the Project site,
the incremental increase in traffic volumes and associated noise levels on-site and
surrounding areas would increase beyond present levels. However, the northern portion
of the Project site and adjacent open space to the east are currently influenced by
stationary and vehicular noi5e sources associated with the Rio Bravo Country aub as
well as existing construction activities occurring in the immediate area. Because of the
large area5 of open space available to the east. south, and west, the introduction of
future residential land uses on-site would result in less than sIgnificant noise impacts to
wildlife.
Night lighting would increase due to car headlights and ProjecHelated parking and night
lighting during and after completion of the proposed Project. lighting associated with car
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headlights would not be present throughout the night and most of the light would not
stray onto adjacent properties since night lighting would be designed to reduce spillover
into adjacent areas. Therefore, with implementation of mitigation measures, Project-
related night lighting would be considered less than significant.
Mitigation Measure 5.9-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.9-4 Lighting shall be shaded or shielded and directed down and away from adjacent
agricultural areas to minimize increased predation of species that may be using
the adjacent agricultural fields. Refer to Section 5.5, AESTHETICS, LIGHT AND
GLARE, regarding light spill over and glare mitigation measures.
Cumulative Impacts
5.9-5 The proposed Project would result in the cumulative loss of open space
resources within the City. Cumulative projects are mitigated on a project-by-
project basis and in accordance with applicable local, State, and Federal
requirements including the MBHCP.
Facts SuooortillQ Findinq
The City of Bakersfield is expanding rapidly in the northwest and northeast with new
residential and associated commercial development being constructed. Cumulative
development within the northeastern portion of Bakersfield would have the potential to
adversely affect area biological resources. Regional loss of native areas is a significant
issue. The Metropolitan Bakersfield area is subject to the provisions of the MBHCP,
thus cumulative impacts have been addressed and are considered mitigable to less than
significant levels.
Mitigation Measure 5.9-5 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.9-5 No mitigation measures beyond compliance with the MBHCP and project specific
mitigation measures are recommended.
CULTURAL RESOURCES
Archaeological Resources
5.10-1 Implementation of the proposed Project may cause a significant impact to
unknown archaeological or historical resources on-site. Implementation of the
recommended mitigation measures would reduce impacts to unknown
archaeological resources to a less than significant level.
Facts Supportinq Findinq
No potentially significant cultural resources were identified on-site. Adjacent to the
proposed Project three recorded cultural resources and one reported cultural resource
exists within a half-mile radius and four recorded cultural resources exist within a one-
mile radius. Additionally. no previous studies that involved the Project area were
conducted.
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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 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
excavation. 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 (refer to Mitigation Measures
5.10-1a and 5.10-1b).
Mitigation Measures 5.10-1 and 5-10b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.10-1 a If archaeological resources are discovered during excavation and grading
activities on-site. the contractor shall stop all work and the City shall retain a
qualified archaeologist to evaluate the significance of the finding and
appropriate course of action. Salvage operation requirements pursuant to
Section 15064.5 of the CEQA Guidelines shall be followed and the treatment of
discovered Native American remains shall comply with State codes and
regulations of the Native American Heritage Commission.
5.10-1 b If human remains are discovered as a result of the Project during any earth
removal or disturbance activities. all activity shall cease immediately and the
Kem County Coroner's Office must be notified immediately under state law and
a qualified archaeologist and Native American monitor shall be contacted.
Should the Coroner determine the human remains to be Native American, the
Native American Heritage Commission shall be contacted pursuant to Public
Resources Code Section 5097.98.
Paleontological Resources
5.10-2 Implementation of the proposed Project may cause a significant impact to buried
paleontological resources on-site. Implementation of the recommended
mitigation measures would reduce impacts to unknown paleontological resources
to a less than significant level.
Facts SUDDortinQ FindinQ
As previously discussed above. the Project vicinity is immediately underlain by
Quaternary (Holocene and Pleistocene) alluvium and compact sandy loom with small
concentrations of sedimenfary. meta-sedimentary and granitic rocks. No vertebrate
fossil localities are known to eXist within the proposed project boundaries. However,
localities nearby from the same sedimentary deposits that occur in the proposed Project
area have found vertebrate fossil remains. Current records at the NHMLAC do not
indicate any recorded fossil localities in the project area. However, based on known
vertebrate fossil occurrences in the contiguous deposits of the Kern River Formation.
excavations in the proposed Project area have a good chance of encountering
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significant, and perhaps rare, fossil vertebrate remains. Ground-disturbing activities for
the Project may involve deep grading or excavation. As a precautionary measure, a
qualified paleontologist would be retained to inspect the exçavations and resultant spill
soils for the presence of fossil remains. If potentially significant fossil remains are
identified. appropriate paleontologiçal measures would be implemented to salvage the
materials for study at a local institution such as the Buena Vista Museum of Natural
History. Implementation of the recommended mitigation measure would reduce impacts
to a less than signifiçant level.
Mitigation Measure 5.10-2 of the Final EIR reduces impacts below a level of signifiçance.
The measure is as follows:
5.10-2 A qualified paleontologist shall be retained to examine earthwork spoils
generated during construction activities. If paleontologiçal resources are
discovered the contractor shall stop all work and the paleontologist shall evaluate
the signifiçance of the finding and the appropriate course of action.
PUBLIC SERVICES AND UTILITIES
Fire Protection
5.11-1 Implementation of the proposed Project will result in the need for additional fire
facilities or personnel. Future development would contTibute to the new
development or relocation of an existing fire station to serve the Project site.
Compliance with fire safety standards and requirements would reduce potential
impacts to less than significant levels.
Facts Supportinq Findinq
Due to the potential increase in urban development beyond existing conditions,
additional demand for fire services may occur with implementation of the proposed
Project. The City of Bakersfield Fire Department has not established a ratio of staff to
resident population: however, current fire personnel are at a ratio of 0.79 per 1,000
persons. The Kern County Fire Department operates a ratio of 1.05 fire personnel per
1,000 persons. According to the service ratios of the City Fire Department and the
potential population increase on the Project site, approximately 3.2 additional fire
personnel would be necessary to maintain the current service ratio. The County Fire
Department would need an increase of approximately 4.23 fire personnel. The City of
Bakersfield Fire Department indiçated that a future fire station, Number 12, is proposed
to be constructed within the next five years. Therefore, the conditions for approval of
future development on-site may include an increase in both City and County Fire
Department personnel. Additionally, the City Fire Department indiçated that they
anticipate the proposed development will contribute to a new station or relocation of an
existing station. As a result. the City Fire Department Indicated that they may request a
land dedication (two net acre standard) or a contribution to costs for fire protection in the
Project site area
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 impact would be temporary and implementation of the provided mitigation
measures pertaining to coordination during construction would reduce impacts to less
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than significant levels (refer to Section 5.5, TRAFFIC AND CIRCULATION). Additionally,
compliance with fire safety standards and requirements such as sprinkler systems, fire
alarms, emergency access and adequate fire flow at public and on-site hydrants would
be required during the plan check process and would reduce impacts to less than
significant levels.
Any development on-site shall be subject to the provisions of the Uniform Fire Code and
local amendments, Title 19, 22, and 27 of the California Safety Code Regulations, the
Bakersfield Municipal Code, and the National Fire Prevention Association Standards.
Mitigation Measures 5.11-1a through 5.11-1e of the Final EIR reduce impacts below a
level of significance. The measures are as follows:
5.11-1 a Future development projects shall be reviewed by the City of Bakersfield Fire
Department Specific Department requirements for access, fire flow, hydrants,
or other fire and life safety requirements shall be addressed at the subsequent
property entitlement phase. .
5.11-1 b Residential projects shall meet fire-flow requirements in accordance with
relevant City building codes and City fire codes.
5.11-1 c Refer to Section 5.6, TRAFFIC AND CIRCULATION, for short-term
construction mitigation measures.
5.11-1 d Prior to recordation of any subdivision to allow residential development, a
secondary access connection along the Chase Avenue alignment, from
Miramonte to Comanche Drive shall be provided to the satisfaction of the Fire
and Public Works Departments.
5.11-1 e Within the Project site, a minimum of two net acre site for development of a fire
station shall be dedicated to the City. This fire station shall be in the vicinity of
the Chase Avenue/Miramonte Drive intersection. Final site location and timing
will be determined by the Fire Department.
Police Protection
5.11-2 Implementation of the proposed Project will not result in the need for additional
police facilities or personnel. Impacts are reduced to less than significant levels
with compliance with City standards and recommended mitigation measures.
Facts Supportinq Findinq
Construction of the proposed Project would create an increased demand for police
services on the Bakersfield Police Department and the Kern County Sheriff's
Department At build-out. the proposed Project may generate a population of 3,875.3
persons. The City of Bakersfield Police Department has a current staffing level of
approximately 1.3 officers per 1,000 residents According to the City 01 Bakersfield
Police Department. based on the current staff. population of Bakersfield. number 01
proposed residential units, and using 3.2 persons per household; the Police Department
would need to be increased by at least one sergeant. five officers, and two non-sworn
personnel to adequately service the development. The Bakersfield Police Department
provided several mitigation measures which are safety components fundamental to any
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new development. These measures are included in Section 5.11.4, MITIGATION
MEASURES. below.
The Kern County Sheriff's Department uses a target-staffing standard of one officer per
1,000 persons (excluding officers assigned to the Civil Division, Detentions Division, and
administrative staff), however the current staffing level is 0.83 persons per 1,000
persons. Therefore. implementation of the proposed Project would result in the need of
3.22 additional officers. The Sheriffs Department indicated that as new housing
dev~lopments are completed, the number of officers required to provide adequate patrol
service will increase accordingly.
The addition of officers. clerical staff, and law enforcement equipment pursuant to
conditions of approval as set forth by the City of Bakersfield would decrease the demand
on existing police services and reduce the significance of impacts to less than significant
levels.
Similar to the fire protection services. the proposed Project has the potential of having
short-term construction related impacts. If during construction. there is a need to
redirect traffic or block access routes or residential streets, this could result in potential
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 impacts would be temporary and implementation of the
provided mitigation measures pertaining to coordination during construction would
reduce impacts to less than significant levels.
Mitigation Measures 5.11-2a and 5.11-2b of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.11-2a Several project safety components are fundamental in the development of any
new project. These include. but are not limited to:
· The prevention of visual hindrances in regards to public gathering
locations.
· Planning considerations and elimination of traffic hazards at the Project's
conceptual level.
· Preventing the manufacturing of unintentional isolation locations for
individuals while engaged in recreational and/or conveyance in or around
the project site.
5.11-2b Refer to Section 5.6, TRAFFIC AND CIRCULATION, for short-term
construction mitigation measures.
Schools
511-3 Development of the Project site would generate additional students beyond
existing conditions. Impacts are reduced to less than significant with
Implementation of required mitigatIOn measures.
Facts Supportinq Findinq
According to the Kern County Superintendent of Schools. the proposed Project will not
have any environmental impacts on school facilities. however the proposed residential
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development will have a significant impact on the Bakersfield City and Kem High School
District's facilities.
Current student generation factors for the elementary schools within the Bakersfield City
School District are based on a generation rate of 0.721 students per dwelling unit. The
current student generation factors for the high schools within the Kem High School
District are based on a ratio of 0.2293 students per single-family unit. Table 5.11-1,
GENERATION OF STUDENTS, demonstrates the potential number of students
generated by the proposed Project.
TABLE 5.11-1
Generation of Students
Generation Factors Dwelling Units Total Number of Students
Elementary/Middle School 1.300 937.3
0.721 studentslUnit
High5<:hool 1.300 298.09
0.2293 studentslsinnle familv Sourœ: letter from the School District Fadlitv SerW:es Office. dated Janua'" 31. 2005.
The development of the proposed Project would generate additional students beyond
existing conditions and would require the construction of additional school facilities.
including the construction of new schools to serve the increased population. Both
elementary school and high school facilities would be required. No elementary schools
are currently planned for construction. The Kem County Superintendent of Schools
indicated that the Bakersfield City School District would need to buy land and obtain
funds for new school construction. Additionally, the proposed Project would be required
to contribute development impacts fees to the school districts in accordance with the
below-mentioned standards and policies.
Pursuant to Government Code Sections 65995, 65996, and 65997, mitigation of the
proposed Project's impacts on public school facilities will be limited to the collection of
statutory fees authorized under Education Code Section 17620 and Govemment Code
Sections 65995, 65995.6, and 65995.7 at the time that building permits are issued.
Currently these fees are set a $2.24 per square foot, and amount subject to adjustment
every two years. However, if either or both districts adopt the altemative fees authorized
by Government Code Sections 65995.6 andlor 6995.7, fees required for this project may
be significantly higher than the current amount.
Mitigation Measure 5.11-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.11-3 Pursuant to Government Code Sections 65995, 65996, and 65997, mitigation of
the proposed Project's impacts on public school facilities will be limited to the
collection of statutory fees authorized under Education Code Section 17620 and
Government Code Sections 65995. 65995.6, and 65995.7 at the time that
building permits are issued Currently these fees are set a $2.14 per square foot.
and amount subject to adJustment every two years. However. ,f either or both
districts adopt the alternative fees authorized by Government Code Sections
65995.6 and/or 6995.7, fees reqUlfed for this project may be significantly higher
than the current amount.
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Parks and Recreation
5.11-4 Development 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 Bakersfietd Municipal Code
requirements for Parks and Recreation facilities.
Facts SUDoortinQ Findinq
According to the City of Bakersfield Recreation and Parks Department no existing city
maintained parks or recreational facilities are located within Y2-mile of the Project site.
The applicant shall be required to either dedicate land. or pay in lieu fees pursuant to
Bakersfield Municipal Code 15.80. Additionally, the applicant shall be required to pay a
park improvement fee of $1,275 per dwelling unit. According to the Department of
Recreation and Parks, it is likely that dedication of land for a neighborhood park will be
recommended for the subject site. A final decision to dedicate land or pay in-lieu fees
will be made by the Bakersfield Planning Commission with approval of the tentative tract
map. The proposed Project shall be required to be annexed into the Specific Parks and
Trails Plan for Northeast Bakersfield to guide park and trail provision and development.
Mitigation Measure 5.11-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.11-4 In accordance with an ordinance of the City of Bakersfield, land must be
dedicated for park uses by the developer of new residential subdivision projects
at a standard of 2.5 acres per 1,000 persons, and the developer must pay park
development fees. Location and timing of park facilities to be detennined by the
City of Bakersfield.
Water Resources
5.11-5 Implementation of the proposed Project would not require the expansion of
existing water distribution or supply facilities within the project area. Incorporation
of mitigation measures would reduce impacts to less than significant.
Facts SUDoortinQ Findinq
The Water Supply Assessment Report for Development Project in Section 23, T29S,
R29S in Northeast Bakersfield, California conduded that the proposed Project would
result in the demand of approximately 943.910 gallons per day or 655 gpm. The
following Table, 511-2 PROJECTED URBAN WATER DEMAND. illustrates the
anticipated water use within the Project site upon buildou!. The domestic water demand
is calculated based upon an average daily use of 205 gallons per capita per day (gpcd),
an average of 3.5 persons per single family residential unit, and a total of 1,300 units.
For the proposed par1<lopen space area is based on an area of five acres. a usage of 2.5
ftJyr. and a total of 235.851 gallons per acre-foot.
Cal Water's per capita water usage In the Bakersfield District is 352 gallons/personlday
for the year 2002. However, for the purposes of Water Supply Assessment for the
proposed Project, it was assumed that water conservation measures will be incorporated
into the residential units. therefore the average per capita consumption rate will be doser
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to the City of Bakersfield's demand, which in 2002 was 205 gallons per day.
Similar to the residential usage rates, the park/open space demand estimate utilized
1.70 gallons per day rather than the 1.84 gallonslday typical of Gal Water's Bakersfield
District, assuming the usages will be metered and conservation measures will be
incorporated into the design of the project.
In its Water Supply Assessment, Gal Water estimated that water service to residents in
the initially completed residential phase will occur in June 2006. Complete buildout is
estimated to take place over 10 years. For the purposes of the Water Supply
Assessment, it is assumed that the entire development will be completed and occupied
in June 2016. Gal Water projects an average daily demand of 70.7 million gallons/day
for 2006. Gal Water's estimated average daily demand for 2016 is 80.8 million
gallonslday, so the estimated increase in demand for the 1o-year period is 10.1 million
gallons/day. If the proposed development were fully occupied by June 2016, it would
represent approximately 9.8 percent of the projected increase in forecasted water
demand over the next 10 years leaving 90.2 percent for other projected and general
growth within the Bakersfield District.
Gal Water schedules preparation of plans, designs, and construction of new surface
water treatment plants, wells, and related distribution and storage facilities so as to
increase supply capacity ahead of projected demand growth. This planning process
provides the means to maintain excess supply capacity to accommodate more rapid
growth than anticipated and dry weather periods that might result in temporary declines
in the groundwater table level and surface water sources. Typically the goal for supply
capacity in Bakersfield is to accommodate the maximum day demand (1.84 times the
average) with additional capacity reserve to cover the loss of the single largest source
supplying water.
Gal Water will provide the Applicant with a will serve letter indicating its intention to
provide water services to future residents of the Project site. The infrastructure required
for a complete water system will include transmission lines, a distribution system, and
meters and meter reading system. Cal Water will be responsible for compliance with
state and city standards with respect to pipe sizes, fire flows, equipment, materials,
valves. appurtenances, and interties with Gal Water's Bakersfield system. Cal Water's
Bakersfield District supported by its engineering, water quality, and customer's service
staff in San Jose, will be responsible for providing ongoing operations and maintenance
services for the constructed water facilities.
The Water Supply Assessment concluded that for a 20 year future planning period, the
Bakersfield District has more than adequate water supplies to meet the project demands
associated with the proposed Project In addition to those of its existing customers and
other anticipated future uses under normal, single dry year. and multiple dry year
conditions. Therefore, a less than significant impact would occur in this regard with
implementation of mitigation measures
Mitigation Measure 5.11-5 of the Final EIR reduces impacts below a level of significance.
The measure IS as follows:
5.11-5 Prior to filing a final tract or parcel map, the developerlowner shall record a
covenant for each lot In the subdivision that prohibits the export of groundwater
from the subdivision except by the water purveyor that is serving the
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subdivision. Additionally, the developer/owner shall pay fees for inspection of
installation of water facilities and Water Availability Fees. Payment of fees
shall be made to California Water Service on a pro-rata basis prior to final
acceptance and req:¡rdation of each phase of the Project, based on the
percentage of the gross acreage contained in the particular phase to be
accepted and recorded, as compared with the local gross acreage within the
entire Project All water main, service connections, and fire hydrants shall be
installed by the developer and dedicated to the California Water Service. Plans
and specifications for such water mains and appurtenances shall be prepared
by andlor approval of plans for installation shall be by the California Water
Service. All improvements must be installed or bonded for prior to the
California Waler Service issuing a letter guaranteeing a water supply.
Solid Waste/Landfills
5.11-7 Implementation of the proposed Project would not result in increased demand
for solid waste services. Short-term construction impacts resulting from
construction debris would increase solid waste on a temporary duration. Wllh
implementation of applicable recyding programs, impacts would be reduced to
less than signifICant levels.
Facts SupportirlQ Findinq
Implementation of the proposed Project would not result in the increased demand for
solid waste services. The Project will generate construction debris on a short-tenn
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 charge5 up to $36 per ton fee at landfills for disposal of
construction waste. Recycling of construction debris would reduce potential waste to
landfills in the County and contribute to the recycling goals set forth by the City of
Bakersfield and AB 939. Upon completion of the annexation, the Project site will be
automatically included in the Bakersfield Universal Collection Area. Project
implementation would not adversely impact existing landfill capacities.
Mitigation Measure 5.11-7 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.11-7 All construction debris and construction-related debris shall be separated into
recyclable and non-recyclable items to the greatest extent possible. All
recyclable debris shall be transported to appropriate recycling facilities so as to
reduce waste disposed of at County landfills. To the maximum extent possible,
recyclable materials and materials consistent with the waste-reducing goals of
the City shall be used for all aspects of construction.
VIII. FINDING REGARDING INFEASIBILITY OF MITIGATION MEASURES FOR
SIGNIFICANT IMPACTS
The City of Bakersfield, having reviewed and considered the information contained in the Final
EIR, appendices to the Final EIR and the administrative record. finds. pursuant to Public
Resources Code 21081 (a)(3) and CEOA Guidelines 15091 (a)(3) that (i), that specific
economic, legal, soCial, technological, or other considerations, make infeasible the mitigation
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measures identified in the Final EIR and. therefore, the Project will cause significant
unavoidable impacts in the category of Aesthetics, Light and Glare.
AESTHETICS, LIGHT, AND GlARE
Long-Term Aesthetic Impacts
On-Site
5.2-2 Project implementation would permanently alter views of and across the Project
site. The permanent alteration of the site would result in a significant and
unavoidable long-term aesthetic impact
Facts Suppartinq Findinq
The visual analysis of any project must consider the actual visual quality of the area,
which, in the Project area, is defined by the open space value and the area's rural
characteristic. Another factor is visual sensitivity, which is defined by the public views of
the Project. the number of viewers and the duration of the view. Therefore, a project
located on a site that has both high visual quality and high visual sensitivity would have
the most significant visual impact.
According to the Metropolitan Bakersfield General Plan, the Project site is located in an
area of scenic resources due to the scenic view sheds. vantage points. and scenic views
from surrounding highways. The Project site consists of hilly terrain with topographic
relief features, including foothills and bluffs. The area to the north and east of the
proposed Project site is developed recreational and residential, and industrial uses,
respectively. These uses have visual access to the surrounding scenic areas.
The future potential development of the Project site would permanently alter the
topography and nature of the project area. Grading would be required to provide a
circulation system and buildable areas would alter the current landforms. These
potential future alterations are permanent and would continue throughout the life of any
future projects.
Several policies have been set forth in the Bakersfield Municipal Code, Chapter 17,
Hillside Development that provide guidelines to development to be sensitive to the
topography of the hillside areas of Bakersfield. The purpose of Chapter 17 is to define
and implement goals and policies of the Metropolitan Bakersfield General Plan as they
relate to the preservation and maintenance of hillsides as a scenic resource and to
profect the general public from the threat of wildfires. The regulations apply to all
projects related to grading, building permits, parcel maps, tentative tract maps,
conditional use permits. zone changes. and general plan amendments. Section
17.66.030 indicates that the maximum grade of streets. public or private, and other
access easements shall be determined in accordance with a Policy on Geometric
Design of Highways and Streets, American Association of Slate Highway and
Transportation Officials 1990. for design of maximum grades for artenals, collectors, and
local streets. Section 17 66.040 requires that any cut or fill slopes exceeding ten feet in
height which are exposed to public views shall be landform graded. This creates an
ultimate appearance that will resemble the natural slope. Additionally. Section
17.66.180 requires that all grading be contoured to conform to the natural slopes to the
greatest degree possible.
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It is important to note that no site development is proposed at this time. However, it is
anticipated that the annexation will ultimately result in the development of 1,300
residential units. Future on-site residential developments would be required to undergo
environmental and design review on a site-specific, project basis to ensure compliance
with code requirements in areas of topographical relief and to ensure visual compatibility
and enhancement with the surrounding environment. Applicable requirements include
the Hillside Management Ordinance that regulates development in areas of excessive
slopes and applicable goals and policies of the Metropolitan Bakersfield General Plan.
On-site grading would be necessary for primary access roads into the Project area,
remedial grading, and construction of resident;al uses. The landform alteration impacts
resulting from on-site grading for roads and residences are considered significant even
with the imposition of mitigation measures and adherence to the implementing policies
and actions in the Hillside Management Ordinance.
Cumulative Impacts
5.5-5
Project development, together with cumulative projects, may result in greater
urbanization and the loss of views in undeveloped areas of the northeast
portion of the City of Bakersfield. Analysis has conduded that cumulative
development within northeast Bakersfield constitutes a significant and
unavoidable aesthetic impact.
Facts Supoortinq 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 hillsides and
open space areas. As development occurs throughout the Project area, residents and
visitors in the area would notice the visual effects of urbanization. The significance of
these visual/aesthetic changes is difficult to determine since aesthetic value is
subjectively determined and potential impacts are site specific. Security and street
lighting would introduce light and glare potential to the area. Impacts are typically
mitigated separately for each project. Cumulative impacts can be mitigated to less than
significant levels with the use of building materials that are consistent with the general
character of the area, landscaping design, and proper lighting techniques to direct light
on-site and away from adjacent properties.
Page 4.2-14 of the Metro{JQlitan Bakersfield General Plan EIR states that development in
accordance with the Generat Plan would convert existing open space to urban uses,
resulting in the incremental loss of open space within Bakersfield. This conversion was
considered an unavoidable adverse impact. for which a statement of overriding
considerations was adopted. The R-EA (Resource-Extensive Agriculture) designation in
effect at the time the General Plan EIR was certified. The Project proposes an
amendment to the General Plan to allow development of urban uses on the site. As
such. the Project. together with cumulative development in northeastern Bakersfield,
would exceed the General Plan EIR assumptions and conclusions and would contribute
additional impacts not previously anticipated in the General Plan EIR. This exceedance
constitutes a significant and unavoidable cumulative impact related to aesthetics
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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
econornic. 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 Altemative serves as the baseline against
which to evaluate the effects of the proposed project and other project Altematives. 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.
"No Project/Existing General Plan and Zoning Designations" Alternative
The "No ProjecUExisting General Plan and Zoning Designations" Alternative assumes
that the proposed annexation. GPA and zone change would not be implemented and the
existing on-site land use designation would remain. Although this alternative would allow
for the development of approximately 29 single-family dwelling units (maximum 1.0
dwelling unit per 20 acres) (approximately 28.66 acres are deemed undevelopable due
to topographic constraints). pursuant to §15126(dX4) of the State CEQA Guidelines, this
alternative scenario is focused on the extsting conditions. as well as what would be
"reasonably" expected to occur in the foreseeable future if the Project were not
approved. based on current plans and consistent with available infrastructure.
This Alternative. when compared to the proposed Project, would not require a General
Plan Amendment or zone change. This Alternative would be consistent with land uses
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identified in the General Plan and Zoning Ordinance, and would not modify the existing
City corporate boundaries. Implementation of this Alternative would substantially reduce
the number of dwelling units; therefore, the development intensity and subsequent land
use impacts would be less when compared to the proposed Project.
Although implementation of the 'No Project/Existing General Plan and Zoning
Designations' Alternative would be consistent with the existing General Plan designation
for the Project site and would result in a decrease in impacts related to all environmental
issue areas, the significant reduction in residential units would only partially meet the
stated Project objectives. Therefore, this alternative has been rejected from further
consideration.
"Estate/Residential Densities" Alternative
Under the 'EstatelResidential Densities' Alternative, the Project site would be developed
to the maximum intensity allowed under the General Plan Estate/Residential land use
designation (maximum 1.0 dwelling unit per net acre). Approximately 28.66 acres are
deemed undevelopable due to topographic constraints. Development in accordance
with this land use designation would result in the construction of 588 single-family
dwelling units.
The "Estate/Residential Densities' Alternative would decrease impacts, except on
geologic and seismic hazards; pUblic health and safety; aesthetics, light, and glare; and
cultural resources. However. because of the significant reduction in residential units, the
"Estate/Residential Densities" Alternative would only partially meet the Project
objectives. Thus, this Alternative was rejected.
"Alternative Site" Alternative
To respond to the criteria for lessening the effects in comparison to those of the Project,
three nearby sites have been identified. The sites would be consistent with the Project
objectives and with the Metropolitan Bakersfield General Plan goals and policies for
efficient and orderly development. As shown on Figure 7-1 At. TERNA TIVE PROJECT
SITE LOCATIONS, these sites are
. Alternative Site Location 1: Section 21, located west of the proposed Project
site and Comanche Drive, near the SR-1781SR-184 junction.
. Alternative Site Location 2: Section 29, located southwest of the proposed
Project, south of SR-184.
Alternative Site Location 3.' Section 19, located west of the proposed Project
site, south of SR-178 and north of SR-184.
Based on the above criteria, there are no contiguous parcels within the site vicinity of
equal or greater size suitable for the proposed Project. The three alternative sites do not
offer the topographical variations present on the proposed Project Site 1 has
sign,fic;Jntly lowers elevations compared with the proposed Project location and does not
provide the rolling hills and terrains uniquely characterized by the proposed Project site.
Additionally the OS land use designation indicates a floodplain and Resource
Management Area and the R-MP designation indicates areas that contain producing. or
potentially productive petroleum fields and mineral deposits areas.
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Site 2 does not offer favorable topographical variations present on the proposed Project.
Additionally, two extensive drainages dissect this alternative site from the north and
combine into á single drainage towards the southern portion of the site. Residential
developl)'lent of the magnitude proposed by the Project would not be feasible within or
near the OS designation. This alternative site also indudes land use designation P
which indicates publicly owned facilities such as government buildings, hospitals, public
utilities, cemeteries, sewage treatment plants. and waste disposal sites.
Site 3 is lower in elevation than the Project site and does not provide similar
development patterns consistent with those intended by the proposed Project site. The
entire southern portion of this alternative site consists of numerous small drainages that
slope gradually towards the south. Furthermore, a small knoll is located to the north
central portion of the site, unevenly distributing the balance of developable land.
Environmentally Superior Alternative
The purpose of the Alternatives evaluation is to develop Project Alternatives that reduce
or eliminate significant impacts. CEQA Section 15126(d)(2) indicates that, if the "No
Project/No Developmenf 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 "No Project/Existing General Plan and Zoning Designations" Alternative would allow
buildout of the Project area under the existing general plan and zoning designations.
Although this alternative results in reduced environmental impacts while allowing partial
development of the site, this alternative does not entirely fulfill the Project's stated
objectives and is therefore rejected as an environmentally superior alternative.
The "Alternative Site" Alternative would create impacts similar to those of the proposed
Project. Although most of the City's objectives would be achieved, the three Alternative
sites lack the topographic and elevation needed to fulfill the intent and purpose of the
proposed Project and, in some cases, the existing land use designations do not reflect a
favorable site for residential development of the magnitude proposed by the Project.
The -Estate/Residential Density" Alternative would have similar adverse impacts on
pUblic health and safety; aesthetics, light and glare; and cultural resources. However,
this Alternative would have lesser impacts on land use. geology and soils, hydrology and
water quality, traffic and circulation, noise, air quality, biological resources, and public
services and utilities would be reduced, while meeting the proposed Project's objectives
to some degree.
Based on the reasons stated above, the proposed Project is the environmentally
superior Alternative because no other Alternative feasibly achieves the objectives of the
Project and avoids the potentially significant impacts of the Project.
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STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Section 15093 of the CEOA Guidelines, decision-makers are required to balance the
benefits of a project against its unavoidable environmental risks in detennining whether to
approve a project. In the event the benefits of a project outweigh the unavoidable adverse
effects. the adverse environmental effects may be considered "acceptable". The CEOA
Guidelines require that, when a public agency allows for the occurrence of significant effects
which are identified in the Final EIR but are not at least substantially mitigated, the agency shall
state in writing the specific reasons the action was supported. Any statement of overriding
considerations should be included in the record of project approval and should be mentioned in
the Notice of Determination.
To the extent the significant effects of the project are not avoided or substantially lessened to a
level of insignificance, the City of Bakersfield, having reviewed and considered the information
contained in the Final Environmental Impact Report for the project, and having reviewed and
considered the infonnation contained in the public record, and having balanced the benefits of the
project against the unavoidable effects which remain, finds that such unmitigated effects to be
acceptable in consideration of the following overriding considerations discussion.
The City finds that all feasible mitigation measures have been imposed to lessen project impacts
to less than significant, and furthennore, that alternatives to the project are infeasible because
they have greater environmental impacts, do not provide the benefits of the project, or are
otherwise socially or economically infeasible as fully described in the project findings.
The environmental analysis undertaken for the Rio Bravo Annexation Project indicated the Project
would result in contributions to aesthetic (long-term and cumulative) impacts that would represent
a significant adverse environmental effect on a project basis.
The City of Bakersfield, as Lead Agency and decision-maker for the Project, has reviewed and
considered the information contained in both the Draft and Final EIRs prepared for Rio Bravo
Annexation Project and the public record The project benefits include the following:
Accommodate anticipated housing demand within the City of Bakersfield's SOl
through the orderly expansion of its boundaries.
Create a variety of housing opportunities In an area of
varied terrain, views and open space.
Provide a residential community that is compatible with existing and planned land
uses in the area.
Provide a local street network that contributes to the quality and safety of
residential neighborhoods
The Lead Agency makes the following finding. pursuant to Section 15093 of the CEOA
Guidelines. with regard to the Statement of Oveniding Considerations for tile Rio Bravo
Annexation Project·
Califolnla Administrative Code. Iltle 14. Section 15093(a) states.' "If (IIC benefits of a
proposed project outweigh the unavoIdable adverse environmental effect:;. Ihe adverse
envIronmental effects may be considered ·acceptable'." Based on the ab¡we discussion
and on the evidence presented. (t1e City of Bakersfield therefore finds that the benefits of
the proposed project outweigh Ihe adverse aesthetic. light, and glare (long-term and
cumulative) impacts associated with Rio Bravo Annexation Project. wlllch cannot be
eliminated or reduced to a level less than significant.
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STATEMENT OF OVERRIDING CONSIDERATIONS
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EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Section 15093 of the CEQA Guidelines, decision-makers are required to balance
the benefits of a project against its unavoidable environmental risks in determining whether to
approve a project. In the event the benefits of a project outweigh the unavoidable adverse
effects, the adverse environmental effects may be considered "acceptable". The CEQA
Guidelines require that, when a public agency allows for the occurrence of significant effects
which are identified in the Final EIR but are not at least substantially mitigated, the agency shall
state in writing the specific reasons the action was supported. Any statement of overriding
considerations should be included in the record of project approval and should be mentioned in
the Notice of Determination.
To the extent the significant effects of the project are not avoided or substantially lessened to a
level of insignificance, the City of Bakersfield, having reviewed and considered the information
contained in the Rnal Environmental Impact Report for the project, and having reviewed and
considered the information contained in the public record, and having balanced the benefits of
the project against the unavoidable effects which remain, finds that such unmitigated effects to
be acceptable in consideration of the following overriding considerations discussion.
The City finds that all feasible mitigation measures have been imposed to lessen project
impacts to less than significant, and furthermore. that alternatives to the project are infeasible
because they have greater environmental impacts. do not provide the benefits of the project, or
are otherwise socially or economically infeasible as fully described in the project findings.
The environmental analysis undertaken for the Rio Bravo Annexation Project indicated the
Project would result in contributions to aesthetic (long-term and cumulalive) impacts that would
represent a significant adverse environmental effect on a project basis.
The City of Bakersfield. as Lead Agency and decision-maker for the Project, has reviewed and
considered the information contained in both the Draft and Final EIRs prepared for Rio Bravo
Annexation Project and the public record. The project benefits include the following:
Accommodate anticipated housing demand within the City of Bakersfield's SOl
through the orderiy expansion of its boundaries.
Create a variety of housing opportunities in an area of
varied terrain, views and open space.
Provide a residential community that is compatible with existing and planned land
uses in the area.
Provide a local street networ1< that contributes to the quality and safety of
residential neighborhoods.
The Lead Agency makes the fOllowing finding. pursuant to Section 15093 of the CEQA
Guidelines. with regard to the Statement of Overriding Considerations for the Rio Bravo
Annexation Project:
California Administrative Code, Title 14. Section t5093(a) states "If the benefits
of a proposed project outweigh the unavoidable adverse environmental effects,
the adverse environmental effects may be considered 'acceptable'.' Based on
Ihe above discussion and on the evidence presented. the City of Bakersfield
therefore finds that the benefits of the proposed project outweigh the adverse
IN 10-103781
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MITIGATION MONITORING AND
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