HomeMy WebLinkAboutRES NO 185-05
RESOLUTION NO. '1 8 5 - 0 5'
RESOLUTION DENYING THE APPEAL AND APPROVING
GENERAL PLAN AMENDMENT NO. 03-1188, AN AMENDMENT
TO THE LAND USE AND CIRCULATION ELEMENTS OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY
LOCATED BETWEEN STATE ROUTES 178 AND 184, EAST OF
VINELAND ROAD (WARD 3).
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. 03-1188 of the proposed
amendment to the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan,
notice of the time and place of hearing having been given at least twenty (20) calendar days before said
hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, David Pitcher, Eagle Meadows of Bakersfield, made application for a concurrent
general plan amendment and zone change, and Tentative Tract 6352 for property generally located
on the south side of State Route 178, north of State Route 184, east of Vineland Road, as shown in
attached Exhibit "An, to allow development of a single family residential subdivision on 156 acres, known
as the Eagle Meadows development, more specifically stated as follows:
General Plan Amendment No. 03-1188:
A request to arnend the Land Use Element of the Metropolitan Bakersfield General Plan
from OS (Open Space) to LR (low Density Residential) on 2.7 acres. A request to amend
the Circulation Element of the Metropolitan Bakersfield General Plan to extend the
collector street designation on Highland Knolls Drive east of Vineland Road, and amend
the Master Bikeways Plan to require Class II bike lanes on same segment of Highland
Knolls Drive.
WHEREAS, the Sierra Club, filed an appeal of the Planning Commission's recommendation to
approve General Plan Amendment No. 03-1188, the Eagle Meadows Development, the during the
Commission's regular meeting of July 7,2005; and
WHEREAS, for the above-described project, an Initial Study was conducted and it was
determined that the proposed project would have a significant effect on the environment and therefore,
an Environmental Impact Report (EIR) for the project was prepared in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant for the property owner has indicated the purpose of the request is to
develop a single family residential subdivision 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
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WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 93-05, adopted on July7, 2005:
1. The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the Cityof
Bakersfield CEQA Implernentation 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,
subject to the recommended modification of the General Commercial area; and
6. The amendment to change the Land Use designation Plan from OS-P (Open Space-
Park to LR (Low Density Residential) on 2.7 acres is consistent with the Metropolitan
Bakersfield General Plan; and
7. The amendment to change the Circulation Element of the General Plan to extend the
collector street designation on Highland Knolls Drive east of Vineland Road, and amend
the Master Bikeways Plan to require Class II bike lanes on same segment of Highland
Knolls Drive.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows:
1. The above recitals and findings incorporated herein by reference are true and correct
and constitute the Findings of the City Council in this matter.
2. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
3. Based on the absence of evidence in the record as required by Section 21082.2 of the
State of California Public Resources Code (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 minim us" exemption in accordance with Section 711 of
the State Resources Code. Additionally the assumption of adverse effect is rebutted by
the above-referenced absence of evidence in the record and the lead agency's decision
to prepare an Environmental Impact Report.
4. The appeal by the Sierra Club is denied.
5. That General Plan Amendment No. 03-1188 to the Land Use Element is hereby
approved to LR (Low Residential) on 2.7 acres as requested by the applicant and as
recommended by the Planning Commission and shown on the attached map in
Exhibit "A".
2
6. That General Plan Amendment No. 03-1188 to the Circulation Element is hereby
approved to extend the collector street designation on Highland Knolls Drive east
from Vineland, and amend the Master Bikeways Plan to require Class II bike lanes on
same segment of Highland Knolls Drive as requested by the applicant and as
recommended by the Planning Commission and sholMl on the attached map in
Exhibit "B".
7. Attached Exhibit "0" containing the "Statement of Facts and Findings" are appropriate
and incorporated into the project.
8. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related
to significant unavoidable impacts to noise are appropriate and incorporated into the
project.
9. General Plan Amendment No. 03-1188 is hereby made subject to the "Mitigation
Monitoring Plan" adopted in the Final Environmental Impact Report as shown in
Exhibit "F" and "Mitigation / Conditions of Approval" for the project as shown in Exhibit
"G".
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3
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 'AVG 1 '7 'ZOOS
by the following vote: ../
~v V v v --- v'
,~ COUNCILMEMBER COUCH. CARSON, BEIIIHAM. MAGGARD, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
PAl:!:fJ!lf:l h
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 1 '7,005
HARVE L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: &JUd; fJl. ~ft
EXHIBIT A
B
C
D
E
F
Land Use Element Amendment Map
Circulation Element Amendment Map
Mitigation I Conditions of Approval
Statement of Facts and Findings
Statement of Overriding Considerations
Mitigation Monitoring Plan
Jengl S:ITRACTSI6352ICCICC GPA.doc
November 5, 2005 9am
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EXHIBIT "C"
GPA # 03-1188 (EAGLE MEADOWS)
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. Prior to recordation of a final subdivision map or submittal of any developrnent plan, or application
for a lot line adjustment, whichever occurs first, the following shall occur:
a. Provide fully executed dedication for the future collectors, Kern Canyon Road, State Route
178, 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
docurnents.
b. This area falls within the Breckenridge Drainage area. Construct infrastructure as required by
the study. Construct a sump on site which can be abandoned when all the future
Breckenridge Drainage improvements are cornpleted. Subrnit a cornprehensive drainage
study to size the temporary sump and be and approved by the City Engineer. The study shall
be approved and necessary easements dedicated to the City.
c. Submit verification to the City Engineer of the existing sewer system's capability to accept the
additional flows to be generated through development under the new land use and zoning.
Install sewer trunklines for the frontage in Highland Knolls and in Kern Canyon Road.
2. Developer shall pay median fees for all arterial roads within the boundaries of the GPAlZC area.
The payment of these fees may be phased to match the construction phasing of the project.
3. 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. A full access opening will only be
considered if the developer funds and installs a traffic signal at the site entrance. Said signal will
only be permitted if a signal synchronization study is submitted and approved, which shows
progression is not adversely affected.
4. 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 Consolidate
Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan
Review, or application for a lot line adjustment for any portion of this GPA area.
PUBLIC WORKS TRAFFIC ENGINEERING
5. Local Mitiaation
Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee - RTIF nor included with normal development irnprovernents) as
indicated in Table 7 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.
6. Mesa Marin Drive and State Rte 178 - Install signal, add north and south bound left turn lanes,
22.74% share.
7. Reaional TransDortation ImDact Fee:
Pay the standard residential fees, as adopted at time of development.
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....·.__...._·.w.._._m__· _._~ .-...-
Exhibit C"
GPA03-1188
Eagle Meadows
Page 2 of 9
PARKS
8. Prior to recordation of the first final map, the subdivider shall enter into an Agreement with
the City of Bakersfield to address the following park related requirements:
8.1 Dedicate Lots "A", "B", "C", and "D" (the OS designated property) within Tentative Tract 6352 to
the City for public park uses. Execution of the agreement shall fulfill the park land dedication
requirement for Tentative Tract 6352.
8.2 Prior to recordation of a final map, the Subdivider shall enter into an agreement with the City to
improve Lots "A", "C", and "D" to a level of finish grade. Furthermore, the Subdivider shall
improve Lot "B" with grading, automatic irrigation system, turf, trees, and soccer goals,
constructed to city standards, and maintained for 1 year. Execution of the agreement shall satisfy
the requirements of the park improvement fee for Tentative Tract 6352.
Satisfies park land requirement (BMC Ch 15.80) and park development requirement (BMC Ch. 15.82)
9. Prior to recordation of the first final map, the subdivider shall request the parking easement
encumbering the 2.7 acres subject to the GPAlZC be modified to remove this area frorn the
easement.
Orderly development.
CITY ATTORNEY
10. In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant, and/or
property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold
harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or
boards ("City" herein) against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before administrative or judicial tribunals of any kind
whatsoever, in any way arising from, the terms and provisions of this application, including without
limitation any CEQA approval or any related development approvals or conditions whether imposed
by the City, or not, except for CITY's sole active negligence or willful misconduct
This indemnification condition does not prevent the Applicant from challenging any decision by the
City related to this project and the obligations of this condition apply regardless of whether any
other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion,
shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and
expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by
another entity or party.
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Exhibit C"
GPA03-1188
Eagle Meadows
Page 3 of 9
PLANNING
11. Prior to recordation of any final map that is affected by Mesa Marin Raceway noise, the
subdivider shall record a covenant disclosing that the property is affected by Mesa Marin
Raceway noise. Said covenant shall be submitted to the Planning Director and City Attorney for
review and approval prior to recordation. If Mesa Marin Raceway ceases to exist, this condition
will not be enforced.
MITIGATION MEASURES.
Air Qualitv
12. Prior to approval of a grading plan for any residential tract, multiple family project, and
commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning
Department from the SJVUAPCD stating the dust suppression measures that shall be completed
during construction activities to comply with SJVUAPCD Regulation VIII.
13. The following shall be incorporated into grading and building plans.
· Cover all access roads and parking areas with asphalt-concrete paving.
· Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the use of
cutback, slow-cure and ernulsified asphalt paving materials.
· Use water sprays or chemical suppressants on all unpaved areas to control fugitive
emissions.
· Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions.
· Cease grading activities when entrainment due to a wind event exceeds the District's
twenty percent opacity requirement.
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
construction site.
· All haul trucks shall be covered when transporting loads of soil.
· Wash off construction and haul trucks to minimize the removal of mud and dirt from the
project sites.
14. Prior to the issuance of a grading permit, the following shall be incorporated into the grading plan.
· Properly and routinely maintain all construction equipment, as recomrnended by
manufacturer manuals, to control exhaust emissions.
. Shut down equipment when not in use for extended periods of time to reduce emissions
associated with idling engines.
· Encourage ride sharing and use of transit transportation for construction employee
commuting to the project sites.
. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
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Exhibit C"
GPA03-1188
Eagle Meadows
Page 4 of 9
15 Prior to issuance of a building permit, transportation control measures and design features shall be
incorporated into the project to reduce emissions from mobile sources. A strategy to reduce
vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, and traffic congestion includes the
following:
. Improve street and traffic signals for those intersections and street segments that the project
contributes to traffic (see mitigation measures TR 6-1 through TR 6-3 in Section 6 of this
DEIR)
16. The project proponent shall contact the Golden Empire Transit to determine the feasibility of
providing bus service to the project site and determine the need and location of potential bus stops,
passenger benches, shelters, turnouts, and signage.
17. The project proponent shall integrate into the project design pedestrian safety infrastructure
including crosswalks and lighted pedestrian signals at all signalized intersections, provide shade
trees and street lighting along all sidewalks, and provide direct pedestrian pathways with street
lights to any future bus stops as determined in AQ 5.2-5.
18_ The project applicant shall incorporate the following in building plans.
· Use 10w-NOx emission water heaters.
· Provide shade trees to reduce building cooling requirements.
· Install energy-efficient and automated air conditioners.
· Exterior windows shall all be double-paned glass.
· Energy-efficient (low-sodium) parking lights shall be used.
19. Fireplaces are prohibited within the development.
20. The project applicant/subdivider shall implement programs used for the reduction in 2.22 tons of
reactive organic gases and 1.98 tons of oxides of nitrogen emissions. which may include one or
more of the following:
· Construction of a new, warranted signal.
· Modification of an existing signalized intersection to add additional left turn storage or
dedicated right turn capability.
· Car crushing of older model cars.
· Modification to stationary diesel engines, such as for agricultural use.
· Modification of fleet vehicles and/or other mobile sources.
· Mitigation program adopted by the APCD that is applicable to this project.
Noise:
21. All gas and diesel power equipment shall be properly muffled and maintained.
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Exhibit C"
GPA03-1188
Eagle Meadows
Page 5 of 9
22. A sound wall at least 6 feet in height that is designed to achieve a reduction of 4 to 6 dB shall be
constructed on the project site between the proposed residential lots and Vineland Road.
Geoloav/Soils
23. Prior to the issuance of grading permits, Soils Engineering, Inc., or other qualified engineering
geologist shall review and approve all grading plans and earthwork operation plans in relation to
the recommendations set forth in the Guide Specifications for Earthwork.
24. Soil Engineering, Inc. or other qualified engineering geologist shall be provided with a forty-eight
hours advance notice in order to be present at the site during all earthwork activities related to the
excavation, tree root removal, stripping, backfill, and compacting and filling of the site and to
perform periodic compaction tests.
25. Prior to the issuance of grading permits, the project applicant shall include one of the following
foundation systems and remediation schemes to reduce the potential for expansive soils to less
than significant.
· Waffle-slabs supported on a system of drilled piers anchored below the zone of
moisture change;
· Excavation of existing rnaterials and replacement by non-expansive soils;
· Reinforcement in footings and slabs. Flexural and shear stresses in slabs should be
computed by determining the differential swell for the center lift and edge lift conditions
using design procedures recommended by the Post-Tensioning Institute. The
differential swell should be used to compute the maximum shear stresses and flexural
stresses in floor slabs and flatwork. Use edge moisture variation distance (em) of six
feet and three feet for the center lift and edge lift conditions, respectively;
· Provide Post-tensioned, free floating slabs-on-grade;
· Provide positive free drainage away from the structure and make every effort possible
to prevent subgrade saturation by measures such as containing all landscaping in
sealed planters, sealing all construction joints with an elastomeric compound, providing
the building with eave gutters and downspouts, and routing all drainage irnpinging upon
the site from off-site sources as well as drainage generated on the site away from the
proposed residential structures.
Bioloaical Resources
26. Prior to the issuance of a grading permit, the project applicant shall pay a development fee in
accordance with the MBHCP.
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Exhibit C"
GPA 03-1188
Eagle Meadows
Page 6 of 9
27. Prior to the issuance of a grading permit on the 156-acre site, the project proponent shall comply
with all appropriate terms and conditions of the MBHCP to the City. The MBHCP requires certain
take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and
excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the
construction phase of the project shall be implemented and include the following:
· A preconstruction survey shall be conducted prior to site grading to search for active kit
fox dens. The survey shall be conducted not more than 30 days prior to the onset of
construction activities in areas subject to development to determine the necessity of den
excavation.
· Monitoring and excavation of each known San Joaquin kit fox den which cannot be
avoided by construction activities.
· Notification of wildlife agencies of relocation opportunity prior to ground disturbance in
areas of known kit fox dens.
· Excavations shall either be constructed with escape ramps or covered to prevent kit fox
entrapment. All trenches or steep-walled excavations greater than three feet deep shall
include escape ramps to allow wildlife to escape. Each excavation shall contain at least
one ramp, with long trenches containing at least one ramp every 1/4 mile. Slope of
ramps shall be no steeper than 1: 1.
· All pipes, culverts or sirnilar structures with a diameter of four inches or greater shall be
kept capped to prevent entry of kit fox. If they are not capped or otherwise covered,
they will be inspected prior to burial or closure to ensure no kit foxes, or other protected
species, become entrapped.
· All employees. contractors, or other persons involved in the construction of the project
shall attend a "tailgate" session informing them of the biological resource protection
measures that will be implemented for the project. The orientation shall be conducted
by a qualified biologist and shall include information regarding the life history of the
protected species, reasons for special status, a summary of applicable environmental
law, and measures intended to reduce impacts.
· All food, garbage, and plastic shall be disposed of in closed containers and regularly
removed from the site to minimize attracting kit fox or other animals.
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Exhibit C"
GPA 03-1188
Eagle Meadows
Page 7 of 9
28. Prior to the issuance of a grading permit for the approximately 156-acre site, the project applicant
shall comply with the following raptor nest mitigation:
· If site grading is proposed during the raptor nesting season (February-September), a
focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to
grading activities in order to identify active nests in areas potentially impacted by project
implementation.
· If construction is proposed to take place during the raptor nesting/breeding season
(February - September), no construction activity shall take place within 500 feet of an
active nest until the young have fledged (as determined by a qualified raptor biologist).
Trees containing nests that must be removed as a result of project implementation shall
be removed during the non-breeding season (October-January).
· Preconstruction surveys shall include a survey for burrowing owl. If active burrowing
owl burrows are detected outside of breeding season (September 1 through January
31), passive and/or active relocation efforts may be undertaken if approved by CDFG
and USFWS. If active burrowing owl burrows are detected during breeding season
(February 1 through August 31), no disturbance to these burrows shall occur without
obtaining appropriate permitting through the Migratory Bird Treaty Act.
Cultural Resources
29. Prior to grading, a paleontologist shall be retained, attend a pre-grading meeting, and set forth the
procedures to be followed during the monitoring program.
30. One paleontological monitor that is trained and equipped to allow rapid removal of fossils with
minimal construction delay is expected to be sufficient. Full-time monitoring of the portions of the
project site that have earth-disturbing activities at elevations between 600 feet and 700 feet shall be
provided.
31. If fossils are found within an area being cleared or graded, earth-disturbing activities shall be
diverted elsewhere until the monitor has completed salvaging of the fossils. If construction
personnel make the discovery, the grading contractor shall immediately divert construction and call
the monitor to the site. Major salvage time may be shortened by grading contractor's assistance
(e.g., removal of overburden, lifting and removing large and heavy fossils).
32. The project paleontologist shall prepare, identify, and curate all recovered fossils. Upon completion
of grading, the project paleontologist shall prepare a summary report documenting mitigation and
results, with itemized inventory of collected specimens. The paleontologist shall submit the report
to the City of Bakersfield, designated depository, and any other appropriate agency, and transfer
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Exhibit C"
GPA03-1188
Eagle Meadows
Page 8 of 9
fossil collection to an appropriate depository. The summary report shall be submitted to the City.
This submittal will signify completion of the program to mitigate impacts on paleontologic resources.
Traffic (Cumulative ImDacts)
33. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program,
paying the standard per lot rate for residential development. The following RTIF program projects
are identified for the project area:
· The construction of an interchange at Fairfax Road and SR 178 and improving SR 178
as a multi-lane freeway east of Fairfax Road (Phase II local adjustment required);
· Widening and extending various segments of Morning Drive and constructing an
interchange connection at SR 178;
· Vineland Road will be extended to the north from Eucalyptus Drive to Paladino Drive
with an interchange connection at SR 178(Phase II local adjustment required); and
· Construction of interchanges at SR 178 and Masterson Street and Alfred Harrell
Highway (Phase II local adjustment required).
34. Prior to the issuance of building permits, the project applicant shall pay the proportionate share for
local mitigation improvements (those not covered by the RTIF) as follows:
Existing Street System Scenario:
. Mesa Marin Drive and SR 178 - Install signal, one northbound land and one
southbound lane.
Future Street System Scenario
. SR 178 and SR 184 - Install signal, install one westbound right turn lane and one
southbound left turn lane (local adjustment required for turn lane).
35. Prior to the issuance of building permits, the applicant's funding calculations for all improvements
associated with the local mitigation improvements fee program shall be submitted to the City for
review and approval.
Bioloaical Resources (Cumulative ImDacts)
36. The following invasive exotic plants shall not be used in any project residential or commercial
landscaping: tamarisk (all species) and pampas grass. In addition, vegetation at any ponds or
water features shall be managed in a way such that none of the invasive exotic plants listed by the
Department of Agriculture allowed to become established.
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Eagle Meadows
Page 9 of 9
37. During construction, site boundaries shall be clearfy marked with flagging, fencing, or other suitable
material to prevent construction equipment and vehicles from impacting adjacent habitat areas
potentially occupied by special-status species.
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EXHIBIT "D"
CEQA Findings and Findings of Fact
for the
Eagle Meadows Project
(State Clearinghouse 2004101035)
Prepared for:
City of Bakersfield
Development Services Department
1715 Chester Avenue
Bakersfield, CA 93301
661.326.3043
Contact: Jennie Eng, Associate Planner
Prepared by:
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, CA 92602
714.508.4100
Contact: Michael E. Houlihan, AICP, Project Director
Kara E. Palm, Project Manager
....
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June 8, 2005
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Eagle Meadows Project
CEQA Findings and FindIngs of Feet
Table of Contents
TABLE OF CONTENTS
Section 1: Introduction ...................................................................................................... 1
Section 2: Project Description...........................................·....··..·..··..··.............................. 3
Section 3: Mitigated Project-Level and Cumulative Adverse Impacts ............................ 4
3.1 - Air Quality......................................................·....·············································· 4
3.2 _ Noise. ...... ......... ... ... ... ... ... .... ....... ..... ..... ....... ... ... ..... ....... .... ..... .... ............. .... ..... 7
3.3 - Geology and Soils..................................................·......................·...................8
3.4 _ Biological Resources...........................................············································1 0
3.5 - Cultural Resources ..........................................................................................12
3.6 - Cumulative Impacts .........................................................................................13
Section 4: Significant and Unavoidable Adverse 1m pacts.....................................·...·.... 17
section 5: Feasibility of Project Alternatives............................................·......................20
4.2 - No Project/No Development Altemative.....................................··....·......·........20
4.3 _ No Project/Development in Accordance with the General Plan Alternative ......21
4.4 _ Development in Accordance with the General Plan Noise Element
Alternative................................................................................................... .21
4.5 _ Environmentally Superior Alternative ...............................................................22
Attachment A: Statement of Overriding Considerations ................................................21
Michael Brandman Associates
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Eagle Meadows Project
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Introduction
SECTION 1:
INTRODUCTION
In compliance with the requirements of the California Environmental Quality Act (CEQA) and the
CEQA Guidelines, the City of Bakersfield has conducted an environmental review of the proposed
Eagle Meadows project. A Notice of Preparation was released for public review in August of2004.
In February 2005, the Draft ErR was released. After receiving pubtic comment on the Draft ErR, the
City prepared a document entitled Responses to Comments on the Draft ErR (RTC). The RTC
document includes the verbatim comments received on the Draft ErR, a list of those commenting, and
the City's responses to the significant environmental points raised in the review and consultation
process. In response to certain comments, the Draft EIR was modified, as set forth in the responses to
comments. The Final EIR for the Eagle Meadows project consists of the Draft EIR and the RTC
document. The RTC provides responses to comments on environmental issues describing the
disposi1ion of the issues, explaining the EIR analysis, supporting the EIR conclusions, and/or
providing information or corrections as appropriate. These Findings are based upon the information
in the record of proceedings, including the Final EIR, staff reports, project applicant's materials,
Mi1igation Monitoring Program, and the tes1imony presented at public hearings.
CEQA provides in relevant part, at Public Resources Code Section 21081, that:
[N]o 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 both of the following occur:
(a) the public agency makes one or more of the following findings with respect to each
significant effect:
I. Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant effects on the environment.
2. Those changes or alterations are within the responsibility and jurisdiction of
another public agency and have been, or can and should be, adopted by that
other agency.
3. Specific economic, legal, social, technological, or other considerations,
including considerations for the provision of employment opportunities for
highly trained workers, make infeasible the mi1igation measures or project
alternatives identified in the environmental impact report.
(b) With respec1 to significant effects which were subject to a rmding under paragraph (3) of
subdivision (a), the public agency finds that specific overriding economic, legal, social,
Michael Brandman Associates
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Eagle Meadows Project
CeQA Findings and Findings of Fact
Introduction
technological, or other benefits of the project outweigh the significant effects on the
environment.
Because the Eagle Meadows project Environmental Impact Report (EIR) identified significant effects
tha1 may occur as a resul1 of the project, and in accordance with the provisions of CEQA and the
CEQA Guidelines, the City Council of the City of Bakersfield hereby adopts these Findings. For
each of the significant effects iden1ified in Section 3, as set forth in greater detail in these Findings
below, the City Council makes the finding under paragraph (I) of subdivision (a) above. For each of
the significant effects identified in Section 4, as set forth in greater detail in these Findings below, the
City Council makes the finding under paragraph (3) of subdivision (a) and under subdivision
(b) above.
CEQA requires that the EIR reflect the City's own independent judgment and review. Accordingly,
the City Council expressly finds that the Final EIR for the Eagle Meadows project reflects the City's
independent judgment. In accordance with the provisions of CEQA and the CEQA Guidelines, the
City Council of the City of Bakersfield has independently reviewed the record of proceedings and
based on the evidence in the record adopts these Findings.
Michael Brandman Associates
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Eagle Meadows Project
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Project Description
SECTION 2:
PROJECT DESCRIPTION
The proposed project is the development of a single-family residential community on approximately
156 acres that includes approximately 489 single-family residential units, a detention basin, and four
lots for open space purposes. The gross density is 3.13 units per acre with a net density of3.91 units
per acre. The projec1 site currently has a General Plan designation of Low Density Residential (122
acres), which allows developmen1 at a density of7.25 units per acre and Open Space (34 acres). The
project will result in the development of residential structures with heights between 30 and 35 feet,
which is consis1ent with the City's Municipal Code. Recognizing the air quality attainment issues
that are present in the air basin, the project will not include fireplaces, which are a major source of air
emissions in the basin.
The project applicant proposes a General Plan Land Use Element amendment by changing 2.7 acres
of land designated as Open Space to Low Density Residential. In conjunction with the General Plan
amendment, the applicant proposes 10 change 1he same 2.7 acres that are zoned for Open Space to R-I
(One Family Dwelling). The project applicant also proposes an amendment to the General Plan
Circulation Element by designating Highland Knolls Drive as a collector street east of Vine land
Road.
The projec1 applicant proposes to phase the development of the project site over approximately 5
years and complete buildout of the site in the Year 2010. Phasing on the project site is proposed to
extend from north to south.
Michael Brandman Associates
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Eagle Meadows Project
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
SECTION 3:
MITIGATED PROJECT-LEVEL AND CUMULATIVE ADVERSE IMPACTS
The EIR identified significant project-level and cumulative adverse impacts of the proposed project,
and proposed mitigation measures to avoid or substantially lessen those impacts. Those impacts and
mitigation measures are identified in the following sections. The Bakersfield City Council finds,
based on the record and on the facts as set forth below, that the incorporation of the identified
mitigation measures will mitigate most ofthe identified significant project-level and cumulative
adverse impacts to a level that is considered less than significant. However, as identified in the Draft
EIR, the noise emanating from the Mesa Marin Raceway east of the project site will result in
significan1 and unavoidable noise impacts. Additionally, residences along State Route (SR) 178 from
Fairfax 10 Morning Drive and along SR 184 from Vine land to Masterson will be exposed to a
substantial noise increase. Therefore, as outlined in CEQA Guideline 21081, the project will require
a Statement of Overriding Considerations (see Attachment A).
3.1 - AIR QUALITY
(EIR, Section 5.2.)
3.1.1 - Potentially Significant Impact
The projec1 will result in the generation of air quality emissions during the short-tenn construction
phase, specifically, particulate matter (PM-IO) and nitrogen oxides (NOx).
Finding
Changes or alterations have been required in, or incorpora1ed into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Finding
The projec1level significant effec1 has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the Final EIR and
incorporated into the project.
AQ 5.2-1
Prior to approval of a grading plan for any residential tract, multiple family project, and
commercial project, the project applicant shall submit a letter to the City of Bakersfield
Planning Department from the SNUAPCD stating the dust suppression measures that
Michael Brandman Associates
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Mitigated Project Level and Cumulative Adverse Impacts
shall be completed during construction activities to comply with SNUAPCD Regulation
VIII.
AQ 5.2-2
The following shall be incorporated into grading and building plans.
· Cover all access roads and parking areas with asphalt-concrete paving.
· Asphalt-concrete paving shall comply with SNUAPCD Rule 4641 and restrict the
use of cutback, slow-cure and emulsified asphalt paving materials.
· Use water sprays or chemical suppressants on all unpaved areas 10 control fugitive
emissions.
· Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions.
· Cease grading activities when en1rainment due to a wind even1 exceeds the
District's twenty percent opacity requirement.
· Limit construc1ion-related vehicle speeds to 15 mph on all unpaved areas at the
construction site.
· All haul trucks shall be covered when transporting loads of soil.
· Wash off construction and haul trucks to minimize the removal of mud and dirt
from the project sites.
AQ 5.2-3
Prior to the issuance of a grading pennit, the following shall be incorporated into the
grading plan.
· Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuats, to control exhaust emissions.
· Shu1 down equipment when not in use for extended periods oftime to reduce
emissions associated with idling engines.
· Encourage ride sharing and use of transit transportation for construction employee
commuting to the project sites.
· Use electric equipment for construction whenever possible in lieu of fossil fuel-
fired equipment.
3.1.2 - Potentially Significant Impact
In the long-tenn, project vehicle trip generation in addition to energy consumption (heating and
cooling) will produce air quality emissions, of particular concern are ROG and NOx.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitiga1e or
avoid the significant effects on the environment.
Michael Brandman Associates
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Mitigated Project Level and Cumulative Adverse Impacts
Facts in Support of Finding
The project level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the project.
AQ 5.2-4 Prior to issuance of a building pennit, transportation control measures and design features
shall be incorporated into the project to reduce emissions 1Tom mobile sources. A
strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, and
traffic congestion includes the following:
. Improve street and traffic signals for those intersections and street segments that
1he project contributes to traffic (see mitigation measures TR 6-1 through TR 6-3
in Section 6 of this DEIR)
AQ 5.2-5 The projec1 proponent shall contact the Golden Empire Transit to detennine the
feasibility of providing bus service to the projec1 site and detennine the need and location
of potential bus stops, passenger benches, shelters, turnouts, and signage.
AQ 5.2-6 The project proponent shall integrate into the project design pedestrian safety in1Tastructure
including crosswalks and lighted pedestrian signals at all signalized intersections, provide
shade trees and street lighting along all sidewalks, and provide direct pedestrian pathways
with street lights 10 any future bus stops as detennined in AQ 5.2-5.
AQ 5.2-7 The project applicant shall incorporate the following in building plans.
· Use 10w-NOx emission water heaters.
· Provide shade trees to reduce building cooling requirements.
· Install energy-efficient and automated air conditioners.
· Exterior windows shall all be double-paned glass.
· Energy-efficient (low-sodium) parking lights shall be used.
AQ 5.2-8 Fireplaces are prohibited within the development.
AQ 5.2-9 The project applicant/subdivider shall implement programs used for the reduction in 2.22
tons of reactive organic gases and 1.98 tons of oxides of nitrogen emissions, which may
include one or more of the following:
· Construction of a new, warranted signal.
· Modification of an exis1ing signalized intersection to add additional left turn
storage or dedicated right turn capability.
· Car crushing of older model cars.
· Modification to stationary diesel engines, such as for agricultural use.
· Modifica1ion of fleet vehicles and/or other mobile sources.
Michael Srandman Associates
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CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
. Mitiga1ion program adopted by the APCD that is applicable to this project.
The improvements for said project must be accepted by the Public Works Department
prior to recordation ofthe final map. The program selected shall be a program that is not
otherwise funded or constructed with Tract 6352. The subdivider is responsible for all
costs to determine the emission reductions associated with projects. This documentation
shall be submitted to the Planning Direc10r and the Public Works Director prior to
approval of a project.
If one or more of these programs is selected by the project proponent/subdivider, proof of
compliance with these measures must be provided to the satisfaction of the Planning
Director prior to recordation of the final map. Proof of compliance may include
documentation of the number, type and year of cars crushed; location and type of engines
modified, photo documentation and quantification of emission reduction by SNUAPCD
or air quality consultant.
3.2 - NOISE
(EIR Section 5.3.)
3.2.1 - Potentially Significant Impact
Earthmoving, materials handling, stationary, and impact equipment and vehicles would generate
noise during clearing, excavation, grading, structure, roadway, and utility construction operations
associated with the development of the proposed project.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on water quality that could be caused by construction activities.
Facts in Support of Finding
The project-level significant effect has been elimina1ed or substantially lessened to a level that is less
than significant by virtue of the following mitigation measure as identified in the final EIR and
incorporated into the project.
N 5.3-1
All gas and diesel power equipment shall be properly muffled and maintained.
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CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
3.2.2 - Potentially Significant Impact
Project related traffic along Vineland Road will exceed established standards.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid 1he significant effects on the environment.
Facts in Support of Finding
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue ofthe following mitigation measure as identified in the final EIR and
incorporated into the project.
N 5.3-2
A sound wall at least 6 feet in height that is designed to achieve a reduction of 4 to 6 dB
shall be constructed on the project si1e between the proposed residential lots and
Vine land Road.
3.3 - GEOLOGY AND SOILS
(EIR Section 5.4.)
3.3.1 - Potentially Significant Impact
There is the potential that within the lifetime of the Eagle Meadows project, residents will experience
strong groundshaking and structures may suffer damage as a result of seismic activity. As required,
structures will incorporate earthquake-reducing design with the latest Uniform Building Code and the
appropriate seismic design criteria.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Finding
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the project.
Michael Brandmsn Associates
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GS 5.4-1
GS 5.4-2
Mitigated Project Level and Cumulative Adverse Impacts
Prior to the issuance of grading permits, Soils Engineering, Inc., or other qualified
engineering geologist shall review and approve all grading plans and earthwork operation
plans in relation to the recommendations set forth in the Guide Specifications for
Earthwork.
Soil Engineering, Inc. or other qualified engineering geologist shall be provided with a
forty-eigh1 hours advance notice in order to be present at the site during all earthwork
activities rela1ed to the excavation, tree root removal, stripping, backfill, and compacting
and filling of the site and to perform periodic compaction tests.
3.3.2 - Potentially Significant Impact
It is documented that soils within the greater project area have high expansion indexes, and there is
the potential for soils at the site to also have a high potential for expansion. The expansion index
results indicated a low to medium potential for expansion.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Finding
The project-level significan1 effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the project.
See mi1iga1ion measures GS 5.4-1 and GS 5.4-2 above.
GS 5.4-3
Prior to the issuance of grading permits, the project applicant shall include one of the
following foundation systems and remediation schemes to reduce the potential for
expansive soils to less than significant.
· Warne-slabs supported on a system of drilled piers anchored below the zone of
moisture change;
· Excavation of existing materials and replacement by non-expansive soils;
· Reinforcement in footings and slabs. Flexural and shear stresses in slabs should be
computed by determining the differential swell for the center lift and edge lift
conditions using design procedures recommended by the Post-Tensioning Institute.
The differential swell should be used to compute the maximum shear stresses and
flexural stresses in floor slabs and flatwork. Use edge moisture variation distance
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(em) of six feet and three fee1 for the center lift and edge lift conditions,
respectively;
. Provide Post-tensioned, free floating slabs-on-grade;
. Provide positive free drainage away from the structure and make every effort
possible to prevent subgrade saturation by measures such as containing all
landscaping in sealed planters, sealing all construction joints with an elastomeric
compound, providing the building with eave gutters and downspouts, and routing
all drainage impinging upon the site from off-site sources as well as drainage
generated on the site away from the proposed residential structures.
3.4 - BIOLOGICAL RESOURCES
(EIR section 5.5.)
3.4.1 - Potentially Significant Impact
The site provides marginally suitable habitat for burrowing owl and foraging habitat for San Joaquin
ki1 fox. Because these species are protected by state and federal law, impacts on special-status
wildlife species are considered significant.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Finding
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitiga1ion measures as identified in the final EIR and
incorporated into the projec1.
BR5.5·1
Prior to the issuance of a grading penn it, the project applicant shall pay a development
fee in accordance with the MBHCP.
BR 5.5-2
Prior to the issuance of a grading permit on the I 56-acre site, the project proponent shall
comply with all appropriate terms and conditions of the MBHCP to the City. The
MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP
guidelines regarding tracking and excavation shall be followed to prevent entrapment of
kit fox in dens. Specific measures during the construction phase ofthe projec1 shall be
implemen1ed and include the following:
Michael BrandmBn Associates
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· A preconstruction survey shall be conducted prior to site grading 10 search for
ac1ive kit fox dens. The survey shall be conducted not more than 30 days prior to
the onset of construction activities in areas subject to development to determine the
necessity of den excavation.
· Monitoring and excavation of each known San Joaquin kit fox den which cannot
be avoided by construc1ion activities.
· Notification of wildlife agencies of relocation opportunity prior to ground
disturbance in areas of known kit fox dens.
· Excavations shall either be constructed with escape ramps or covered to prevent kit
fox entrapment. All trenches or steep-walled excavations greater than three feet
deep shall include escape ramps to allow wildlife to escape. Each excavation shall
contain at least one ramp, with long trenches containing at least one ramp every
1/4 mile. Slope of ramps shall be no steeper than 1:1.
· All pipes, culverts or similar structures with a diameter of four inches or greater
shall be kep1 capped to prevent entry of kit fox. If they are not capped or otherwise
covered, they will be inspected prior to burial or closure to ensure no kit foxes, or
other protected species, become entrapped.
· All employees, contractors, or other persons involved in the construction of the
project shall attend a "tailgate" session informing them of the biological resource
protection measures that will be implemented for the project. The orientation shall
be conducted by a qualified biologist and shall include information regarding the
life history of the protected species, reasons for special status, a summary of
applicable environmental law, and measures intended to reduce impacts.
· All food, garbage, and plastic shall be disposed of in closed containers and
regularly removed from the site to minimize attracting kit fox or other animals.
3.4.2 - Potentially Significant Impact
Implementation of the proposed project may disturb active nesting activities of ground-nesting birds
if construction activity occurs during 1he nesting season. Nests of other migratory song birds and
raptors are not expected to occur onsite. All active migratory bird nests are protected under the
Migratory Bird Treaty Act and therefore, any impacts to nesting migratory birds is considered to be a
significant impact.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Michael Brandman Associates
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Mitigated Project Level and Cumulative Adverse Impacts
Facts in Support of Finding
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the project.
BR 5.5-3
Prior to the issuance of a grading permit for the approximately I 56-acre site, the project
applicant shall comply with the following raptor nest mitigation:
· If site grading is proposed during the raptor nesting season (February-September),
a focused survey for raptor nests shall be conducted by a qualified raptor biologist
prior to grading activities in order 10 identifY active nests in areas potentially
impacted by project implementation.
· If construction is proposed to take place during the raptor nestinglbreeding season
(February _ September), no construction activity shall take place within 500 feet of
an active nest until the young have fledged (as determined by a qualified raptor
biologist). Trees containing nests that must be removed as a result of project
implementation shall be removed during the non-breeding season (October-
January).
· Preconstruction surveys shall include a survey for burrowing ow\. If active
burrowing owl burrows are detected outside of breeding season (September I
through January 31), passive and/or active relocation efforts may be undertaken if
approved by CDFG and USFWS. If active burrowing owl burrows are detected
during breeding season (February I through August 31), no disturbance to these
burrows shall occur without obtaining appropriate pennitting through the
Migratory Bird Treaty Ac1.
3.5 - CULTURAL RESOURCES
(EIR section 1.7.)
3.5.1 - Potentially Significant Impact
Grading activities in the southwes1 portion of the project site between elevations 600 feet and 700 feet
could result in impacts to the Shark100th Hill bonebed.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Michael Brandman Associates
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Eagle Meadows Project
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Mitigated Project Level and Cumulative Adverse Impacts
Facts in Support of Finding
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mi1igation measures as identified in the final EIR and
incorporated into the project.
CR 5.7-1 Prior to grading, a paleontologist shall be retained, attend a pre-grading meeting, and set
forth the procedures to be followed during the monitoring program.
CR 5.7-2 One paleontological monitor that is trained and equipped to allow rapid removal of
fossils with minimal construction delay is expected to be sufficient. Full-time monitoring
of the portions of the project site that have earth-disturbing activities at elevations
between 600 feet and 700 feet shall be provided.
CR 5.7-3 Iffossils are found within an area being cleared or graded, earth-disturbing activities shall
be diverted elsewhere until the moni10r has comple1ed salvaging of the fossils. If
construction personnel make the discovery, the grading contractor shall immediately
divert construction and call the monitor to the site. Major salvage time may be shortened
by grading contractor's assistance (e.g., removal of overburden, lifting and removing
large and heavy fossils).
CR 5.7-4 The project paleontologist shall prepare, identify, and curate all recovered fossils. Upon
completion of grading, the project paleontologist shall prepare a summary report
documenting mitigation and results, with itemized inventory of collected specimens. The
paleontologist shall submit the report to the City of Bakersfietd, designated depository,
and any other appropriate agency, and transfer fossil collection to an appropriate
depository. The summary report shall be submitted to the City. This submittal will
signify completion of the program to mitigate impacts on paleontologic resources.
3.6 - CUMULATIVE IMPACTS
(Em section 6.)
3.6.1 - Potentially Significant Impact
Project implementation will result in significant cumulative traffic impacts at project area study
intersections and on State Route segments.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Michael Brandman Associates
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Facts in Support of Finding
The cumulative significant effects have been eliminated or substantially lessened to a level that is less
than significant by virtue ofthe following mitigation measures as identified in the final EIR and
incorporated into the project.
TR6·1
Prior to the issuance of building pennits, the project applicant shall participate in the
R TIF program, paying the standard per lot ra1e for residential development. The
following RTIF program projects are identified for the project area:
· The construction of an interchange at Fairfax Road and SR 178 and improving SR
178 as a multi-lane freeway east of Fairfax Road (Phase 1IIocal adjustment
required);
· Widening and extending various segments of Morning Drive and constructing an
interchange connection at SR 178;
· Vineland Road will be extended to the north from Eucalyptus Drive to Paladino
Drive with an interchange connection at SR I 78(Phase 1IIocal adjustment
required); and
· Construction of interchanges at SR 178 and Masterson Street and Alfred Harrell
Highway (Phase 1IIocal adjustmen1 required).
TR6·2
Prior to 1he issuance of building pennits, the project applicant shall pay the proportionate
share for local mitigation improvements (those not covered by the RTIF) as follows:
Existing Street System Scenario:
· Mesa Marin Drive and SR 178 - Install signal, one northbound land and one
southbound lane.
Fulure Street System Scenario
· SR 178 and SR 184 - Install signal, install one westbound right turn lane and one
southbound left turn lane (local adjustment required for turn lane).
TR 6-3
Prior to the issuance of building penn its, the applicant's funding calculations for all
improvements associated with the local mitigation improvements fee program shall be
submitted to the City for review and approval.
3.6.2 - Potentially Significant Impact
The project will con1ribute 10 cumulative air quality degradation throughout the valley.
Michael Brandman Associates
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Eagle Meadows Project
CEQA Findings and Findings of Fact
Mitigated Project Level Bnd Cumulative Adverse Impacts
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Finding
The project-level and cumulative significant effec1s have been eliminated or substantially lessened to
a level that is less than significant by virtue of the following mitigation measures as identified in the
final EIR and incorporated into the project.
See mitigation measures AQ 5.2-4 through AQ 5.2-9 in Section 3.1 ofthis document.
3.6.3 - Potentially Significant Impact
Implementa1ion of the proposed project, in conjunction with future developments associated with
cumulative projects would contribute to the ongoing loss of open space in the region, resulting in a
decline of biological resources and species diversity. Cumulative development would also result in
increase traffic and human use of the project vicinity, which would increase human intrusion and
activity levels in proximity to habitat areas and wildlife use areas and, therefore, further reduce the
quantity and quality of wildlife habitat. This would be a significant impact.
Finding
Changes or alterations have been required in, or incorporated into, the projec1, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Finding
The cumula1ive significant effects have been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the project.
See mitiga1ion measures BR 5.5-1 and BR 5.5-2 in Section 3.4 of this document.
BR6-1
The following invasive exotic plants shall not be used in any project residential or
commercial landscaping: tamarisk (all species) and pampas grass. In addition, vegetation
at any ponds or water features shall be managed in a way such that none of the invasive
exotic plants listed by the Department of Agriculture allowed to become established.
Michael Brandman Associates
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Eagle Meadows Project
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
BR6·2
During construction, site boundaries shall be clearly marked with flagging, fencing, or
01her suitable material to prevent construction equipment and vehicles from impacting
adjacent habitat areas potentially occupied by special-status species.
3.6.4 - Potentially Significant Impact
The proposed projec1 and future projects associated with General Plan buildout and identified in
earlier in this section are located in an area known to contain paleontological resources. Therefore,
implementation of the project and other projects could potentially result in significant cumulative
impacts to paleontological resources.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Finding
The project-level and cumulative significant effects have been eliminated or substantially lessened to
a level that is less than significant by virtue of the following mitigation measures as identified in the
final EIR and incorporated into the project
See mitigation measures CR 5.7·1 through CR 5.7-4 in Section 3.5 of this document
Michael Brandman Associates
S:\TRACTS\6352\CC\EIR Findings.doc
16
Eagle Meadows Project
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
SECTION 4:
SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS
4.1 Significant and Unavoidable Impact
Some residents in the project site will be exposed to noise levels that exceed L50 - 55dBA. These
noise levels are generated by racing events at the adjacent Mesa Marin Raceway.
4.1.1 - Finding
Specific economic, legal, social, technological, or other considerations, including considerations for
the provision of employmen1 opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
4.1.2 - Facts in Support of Finding
No feasible measures are available for the project applicant to reduce noise levels from the Mesa
Marin Raceway to less than L50- 55 dBA. Effective mi1igation of Mesa Marin racing noise must be
applied at the source, that is, at the raceway itself. There is little that can be accomplished on the
project site that will reduce racing noise levels. A sound wall construc1ed along the perimeter of the
si1e may reduce noise a1 residences immediately adjacent to the wall, but not the remainder of the
homes. Sound insulation of homes will improve interior noise levels, but noise levels outside homes
will still exceed local s1andards. The No Project/No Development Alternative would avoid
significant and unavoidable noise impacts, but would not meet any of the project objectives, primarily
the creation of a master planned residential community. However, the No Project/No Developmen1
Alternative also would not accommodate the new traffic patterns created by the fu1ure interchange at
V ineland or promote street circulation. The General Plan Alternative would place a greater number
of structures within areas of excessive noise; thus this Alternative would have greater noise impacts.
The Noise Element Alterna1ive would avoid the noise impacts associa1ed with the proposed project
by siting the residential lots outside of the L50 dBA noise contour. However, this alternative would
only allow for 41.6 acres and 130 residential lots to be developed and result in fragmentation of the
development pattern in northeast Bakersfield. Furthennore, since this alternative would not result in
full implementation ofthe circulation system and associated improvements, especially those
improvements in the northern portion ofthe project site, this alternative would not provide as much
access, including pedestrian access to the planned commercial uses north of SR 178. Additionally,
this alternative would not meet mos1 of the objectives of the proposed project, and would not create a
viable master planned community that reflec1s the City's desire to promote development in
northeastern Bakersfield.
Michael Brandman Associates
S:\TRACTS\6352\CC\EIR Findings.doc
17
r
Eagle Meadows Project
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
The significant and unavoidable adverse impacts on land use and planning by the proposed project are
considered to be acceptable in light of the Statement of Overriding Considerations provided herein as
Attachment A.
4.2 Significant and Unavoidable Impact
Five roadway segments will experience a substantial cumulative increase in noise levels. Only two of
the roadway segments (SR 178 from Fairfax to Morning and SR 184 from Vineland to Masterson)
have existing residences in the vicinity. As a result, these residences will experience significant
cumulative noise impacts.
4.1.3 - Finding
Specific economic, legal, social, technological, or other considerations, including considerations for
the provision of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
4.1.4 - Facts in Support of Finding
All project related cumulative impacts can be reduced to less than significant, with the exception of
offsite noise related impacts to sensitive land uses along existing roadways. Offsite project traffic
noise impacts in the Year 2010 are considered to be significant. Residences along SR 178 from
Fairfax to Morning and along SR 184 tTom Vine land to Masterson will be exposed to a substantial
increase in noise. This noise increase was con1emplated in the Metropolitan Bakersfield General Plan
Update EIR because there are numerous areas throughou1 the City that will experience substantial
increases in noise due 10 future development in accordance with the Metropolitan Bakersfield General
Plan. These increases are projected to occur due to substantially lower traffic volumes that currently
exis1 compared to the volumes projected in 1he future. No feasible measures are available for the
project applicant to reduce projec1 and cumulative traffic noise levels along SR 184 from Vine land to
Masterson and cumulative traffic noise levels along SR 178 from Fairfax to Morning. Therefore,
significan1 and unavoidable noise impacts will occur along these two roadway segments.
The No Project/No Development Alternative would avoid significant and unavoidable noise impacts,
bu1 would not meet any of the project objectives, primarily the creation of a master planned
community. Additionally, the No Project/No Development Alternative is not consis1ent with the
City's vision for northeast Bakersfield. The No Project/General Plan Alternative would place a
greater number of structures within areas of excessive noise; thus this Alternative would have greater
onsite noise impacts. Moreover, since the No Project/General Plan Alternative would result in a
grea1er number of residential units it would also generate a greater amount of traffic thereby
Michael Brandman Associates
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18
Eagle Meadows Project
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
generating more noise along project area roadways. The Noise Element Alternative would avoid the
noise impacts associated with the proposed project by siting the residential lots outside of the L50 dBA
noise contour. However, this alternative would only allow for 4 \.6 acres and 130 residential lots to
be developed and result in ftagmentation of the development pattern in northeast Bakersfield.
Furthermore, since this alternative would not result in full implementation of the circulation system
and associated improvements, especially those improvements in the northern portion of the project
site, this alternative would not provide as much access, including pedestrian access to the planned
commercial uses north of SR 178. Additionally, this alternative would not meet most of the
objectives of the proposed project, and would not create a viable master planned community that
reflects the City's desire to promote development in northeastern Bakersfield.
The significant and unavoidable adverse impacts on land use and planning by the proposed project are
considered to be acceptable in light of the Statement of Overriding Considerations provided herein as
Attachment A.
Michael Brandman Associates
S:\TRACTS\63S2\CC\EIR Finding5.doc
19
Eagle Meadows Project
CEQA Findings and Findings of Fact
Feasibility of Project Alternatives
SECTION 5:
FEASIBILITY OF PROJECT ALTERNATIVES
CEQA requires that an EIR include an analysis of a reasonable range of feasible alternatives to a
proposed project capable of avoiding or substantially lessening any significant adverse environmental
impact associated with the project. The discussion of alternatives is required to include the "No
Project" alternative. CEQA requires further that the City identify an environmentally superior
al1ernative. If the "No Project" alternative is 1he environmentally superior alternative, an
environmentally superior alternative must be identified from among the other alternatives. (CEQA
Guidelines, section 15126.6.)
As set forth in these Findings, the Project, with the Mitigation Measures incorporated, will have
remaining significant adverse environmental impact. The City has, in addition to incorporating the
recommended measures to mitigate 1he identified impacts, reviewed a range of potential alternatives
to the proposed project. The Eagle Meadows EIR discussed the No ProjecllNo Development
Alternative, the No Project/Development in Accordance with the General Plan Alternative, and the
Development in Accordance with the General Plan Noise Element Alternative. An Environmentally
Superior Alternative has been selected from among 1he three al1ernatives evaluated in this Draft EIR.
An alternative that is environmentally superior will result in the fewest or least significant
environmental impacts and will achieve the project objectives of the planning effort. The City
Council rejec1s each of the Alternatives, on the grounds that they are infeasible, fail to meet the
objectives ofthe Project, or fail to avoid adverse environmental impacts, as set forth in greater detail
below.
4.2 - NO PROJECT/NO DEVELOPMENT ALTERNATIVE
This alternative would leave the entire project site unchanged and no new development would occur
onsite. In general, the Eagle Meadows project area would continue to exis1 as open space. The No
Project Alternative would result in fewer transportation and traffic, air quality, noise, geology and
soils, biological resources, hazards and hazardous materials, and cultural resources impacts in relation
to the proposed project. However, 1his alternative would not meet the project's objectives. It also
does not serve to further the planning vision of the City, which as set forth in the City's General Plan,
indicates the City's desire to promote residential development and expansion in northeast Bakersfield.
This alterna1ive will also not provide the economic benefits to the City. Although this alternative is
environmentally superior to the project, the City finds it to be less desirable than the proposed project,
and rejects it because it fails to meet 1he project's objectives.
Michael Brandman Associates
S:\1RACTS\6352\CC\EIR Findings.doc
20
T
Eagle Meadows Project
CEQA Findings and Findings of Fact
Feasibility of Project Alternatives
4.3 _ NO PROJECT/DEVELOPMENT IN ACCORDANCE WITH THE GENERAL
PLAN ALTERNATIVE
This alternative will allow for the development ofthe project site as defined in the General Plan,
which would result in greater development intensity. The project site currentty has a General Plan
designation of Low Density Residential (122 acres) which allows a density of up to 7.26 units per net
acre and Open Space (34 acres). Thus under the General Plan Alternative, the project site would be
developed with approximately 880 residential units on the 122 acres of land designated Low Density
Residential and 34 acres of open space. Comparatively, the proposed project would result in the
construction of 489 residential lots on 125 acres with a gross density of3.13 units per acre and a net
density of3.91 units per acre. The remaining 31 acres of the 156-acre project site would be retained
as open space.
The General Plan Alternative would result in greater 1ransportation and traffic, noise, geology and
soils, biological resources, hazards and hazardous materials, and cultural resources impacts in relation
to the proposed project. The General Plan Alternative could achieve the objectives of the project;
however, the City Council rejects this alternative because of its significant adverse environmental
impacts.
4.4 - DEVELOPMENT IN ACCORDANCE WITH THE GENERAL PLAN NOISE
ELEMENT ALTERNATIVE
Portions ofthe project site will be exposed to noise impacts as a result of racing activities at the Mesa
Marin Raceway. The Developmen1 in Accordance with the General Plan Noise Element Alternative
(Noise Element Alternative) examines the development of the project site in a manner that would
avoid the placement of residential units within areas of the project site that will be exposed to noise in
excess of the City's established thresholds. As such, the portions of the project site that lie within the
Lso - 55 dBA or greater noise contours (see Exhibit 5.3-1) would remain undeveloped and, in
accordance with the site plan, the remaining 41.6 acres con1aining 130 residential lots outside of the
Lso - 55 dBA or greater noise contours would be developed in the southwestern portion of the projec1
site. When compared to the Eagle Meadows project, the Noise Element Alternative would result in
less transportation and traffic, air quality, noise, geology and soils, biological resources, hazards and
hazardous materials, and cul1ural resources impacts. However, this alternative would n01 meet most
ofthe objec1ives of the proposed project. The project would provide an open space buffer between
the project site and the Mesa Marin Raceway by reducing the amount of developable land; however,
such a reduction in development would not create a viable master planned community that reflects the
City's desire to promote development in northeastern Bakersfield. Moreover, the reduction in
development would not result in the circulation improvements as outlined in the project objectives.
Although this alternative is environmentally superior to the project, the City finds it 10 be less
desirable than the proposed projec1, and rejects it because it fails to mee11he project's objectives.
Michael Brandman Associates
S:\TRACTS\6352\CC\EIR Findings.doc
21
Eagle Meadows Project
CEQA Findings and Findings of Fact
FeasIbility of Project Alternatives
4.5 - ENVIRONMENTALLY SUPERIOR ALTERNATIVE
The environmentally superior alternative is selected from among the preceding alternatives and the
Eagle Meadows project. An alternative that is environmen1ally superior would result in the fewest or
least significant impacts and will feasibly attain most of the objectives of the planning effort. Based
on the evaluation of the alternatives in this section, 1he No projectINo Development Alternative
would result in fewer significan1 impacts than the Eagle Meadows Subdivision project. CEQA s1ates
that if1he environmen1ally superior alternative is the "No Project" alternative, the EIR shall also
identifY an environmen1ally superior alternative from other alternatives. The Noise Element
Alternative is, thus, considered to be the environmen1ally superior alternative. However, although
this alternative is detennined to be environmen1ally superior to the proposed project, in relation to
transportation and traffic, air quality, noise, geology and soils, biological resources, hazards and
hazardous materials, and cultural resources, it would not fully ob1ain the objectives of the Eagle
Meadows project. Specifically, by reducing the scale of the project, the Noise Element Alternative
reduces the amount of housing onsite by almost 75 percent, which would present obstacles to
achieving the project objectives.
Michael Brandman Associates
S:\TRACTS\6352\CC\E1R Findings.doc
22
Eagle Meadows Project
CEQA Findings and Findings of Fact
EXHIBIT "E"
Attachment A: Statement of Overriding Considerations
Michael Brandman Associates
S:\TRACTS\6352\CCIEIR Findings.doc
Eagle Meadows Project
CEQA Findings and Findings of Fact
Attachment A
STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of
a proposed project against its unavoidable environmental risks in determining whether to approve the
project. The City of Bakersfield proposes 10 approve the Eagle Meadows project although
unavoidable adverse noise impacts have been identified in the ErR. Specifically, the significant and
unavoidable noise impacts are associated with raceway activities at the adjacent Mesa Marin
Raceway and offsite project traffic noise impacts in the Year 2010. Even though these adverse
impacts are not reduced to a level considered less than significant, the Bakersfield City Council finds
that those impacts are ou1weighed by the benefits of the Eagle Meadows project. Further, the
alternatives which were identified in the EIR would not provide ei1her in part or in whole the project
benefits, as summarized below, to the same extent as the proposed projec1:
· Create a mas1er-planned residential community that will enhance the quality of the City of
Bakersfield and help create a desirable lifestyle for those homeowners who reside there;
· Accommodate new traffic patterns created by the Vineland Street/State Route 178 interchange;
· Provide an open space buffer be1ween the Mesa Marin Raceway and the Eagle Meadows
project site;
· Promote street circulation by facilitating the ftontage road shown as Mesa Marin Drive on the
east side of the project site;
· Provide improvements to SR-178 and SR-184 along the project ftontage; and
· Provide a safe street ne1work that contributes to the quality of the neighborhood.
Therefore, the Bakersfield City Council, having reviewed and considered the information contained
in the ErR and the public record, adopts 1he Statement of Overriding Considerations which has been
balanced agains1 the unavoidable adverse impacts in reaching a decision on this project.
Michael Brandmaß Associates
S:\TRACTS\63S2\CC\EIR Findings.doc
A-1
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