HomeMy WebLinkAboutRES NO 184-05
RESOLUTION NO.
fI84;-05
RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
DENYING THE APPEAL AND CERTIFYING IT HAS RECEIVED, REVIEWED,
EVALUATED AND CONSIDERED THE INFORMATION CONTAINED IN THE
FINAL ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN
AMENDMENT AND CONCURRENT ZONE CHANGE NO. 03-
1188/TENTATIVE TRACT MAP 6352 AND CERTIFYING THAT THE FINAL
ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
THE STATE CEQAGUIDELlNES. AND THE CITY OF BAKERSFIELD CEQA
IMPLEMENTATION PROCEDURES, AND MAKING FINDINGS AND
ADOPTING A MITIGATION MONITORING PLAN. (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 on Thursday, July 7, 2005, on the certification of the Final Environmental Impact Report
(EIR) for General Plan Amendment/Zone Change No. 03-1188 and Tentative Tract 6352 for the
proposed amendment to the Land Use Element and Circulation Element of the Metropolitan
Bakersfield General Plan and the proposed zone change, notice of the time and place of hearing
having been given at least ten (10) calendar days before said hearing by publication in The
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, the Sierra Club, filed an appeal of the Planning Commission's recommendation
to certify the Final Environmental Impact Report for the Eagle Meadows Development the during the
Commission's regular meeting of July 7, 2005; 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 Vine land Road, as shown in
attached Exhibit "A", 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 amend 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.
Concurrent Zone Chanae No. 03-1188:
A concurrent zone change request consisting of a change in zone from an OS (Open
Space) zone to an R-1 (One Family Dwelling) zone on 2.7 acres.
Tentative Tract MaD 6352:
Tentative Tract Map 6352 consists of 483 lots for purposes of single family residential
development and 6 lots for open space and a drainage basin on 156.27 acres, zoned R-
1 (One Family Dwelling) and OS (Open Space), including a request for reverse corner
lots and waiver of mineral interest signatures pursuant to BMC 16.20.060 A.1.
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WHEREAS, for the above-described project, it was determined that the proposed project
may have a significant effect on the environment and, therefore, an EIR was required for the project
in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the City of Bakersfield retained the professional consulting services of Jones &
Stokes to prepare the Initial Study, EIR and related documents; and
WHEREAS, by Resolution No. 92-05 on July 7, 2005, the Planning Commission
recommended certification of the Final EIR for General Plan Amendment/Zone Change No. 03-1188
and Tentative Tract 6352 and this Council has fully considered the findings made by the Planning
Commission as set forth in that Resolution and as restated herein; and
WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on October 7,
2004, for a 3O-day review period in accordance with CEQA; and
WHEREAS, a Public Scoping hearing was held on October 28, 2004, to receive input from
the public and agencies on the Initial Study and scope of the Draft EIR; and
WHEREAS, a Draft EIR was prepared and circulated to interested parties and agencies and
a notice of availability was sent to property owners within 300 feet of the project site and all those
who requested notification at the Planning Commission public hearing(s) or requested special notice
to the Development Services Department on February 17, 2005, in accordance with CEQA for a 45-
day review period to end on April 4, 2005, in accordance with Section 15087 of the State CEQA
Guidelines; and
WHEREAS, the public hearing on the Draft EIR was held during the latter half of the public
review period as is required by the City of Bakersfield CEQA Implementation Procedures; and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the Draft
EIR was submitted to the State Clearinghouse (SCH #2004101035) on February 17,2005, to start
the 45-day review period to end on April 4, 2005, in accordance with CEQA; and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of the City of Bakersfield CEQA Implementation Procedures, held a public hearing on
Thursday, March 3, 2005, on the adequacy of the Draft EIR; and
WHEREAS, on June 2, 2005, the Final EIR was completed and notice of its availability was
made to interested parities and agencies; and
WHEREAS, on July 7, 2005, the Planning Commission considered the Final EIR; and
WHEREAS, based on comments received prior to and at the July 7, 2005, Planning
Commission Hearing, the Planning Commission recommended certification of the Final EIR; and
WHEREAS, the environmental record prepared in conjunction with the project includes the
following:
1. The Notice of Preparation, Draft Environmental Impact Report, and Final
Environmental Impact Report;
2. All staff reports, memoranda, maps, letters, and minutes of meetings relating to the
project;
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3. All testimony, documents and evidence presented to the City by consultants working
with the City relating to the project;
4. The proceedings before the Planning Commission relating to the project, the Draft
EIR and the Final EIR, including testimony and documenting evidence introduced at
the public hearings; and
5. Matters of common knowledge to the Planning Commission which it considered
including but not limited to the bllowing:
a) The Metropolitan Bakersfield General Plan;
b) The City of Bakersfield Zoning Ordinance;
c) The City of Bakersfield Municipal Code;
d) Other formally adopted pOlicies and ordinances of the City of Bakersfield;
and
WHEREAS, the Planning Commission adopted Resolution No. 92-05 on July 7, 2005,
recommending certification of the Final EIR for General Plan Amendment/Zone Change No. 03-
1188, and Tentative Tract 6352 (Eagle Meadows); and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 92-05, adopted on July 7, 2005:
1. The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by city staff
and the Planning Commission; and
2. In accordance with State CEQA Guidelines Section 15151, the Planning
Commission considered the following direction regarding "standards for adequacy"
of an EIR:
An EIR should be prepared with a sufficient degree of analysis to provide decision-
makers with information, which enables them to make a decision which intelligently
takes account of environmental consequences. An evaluation of the environmental
effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is
to be reviewed in the light of what is reasonably feasible. Disagreement among
experts does not make an EIR inadequate, but the EIR should summarize the main
points of disagreement among the experts. The courts have looked not for
perfection but for adequacy, completeness, and a good faith effort at full disclosure;
and
3. In accordance with CEQAGuidelines Sections 15151 and 15090, the Final EIR was
considered for adequacy, completeness and good faith effort at full disclosure and
has been completed in compliance with CEQA; and
4. Attached Exhibit "B" containing the "Statement of Facts and Findings" are
appropriate and incorporated into the project; and
5. Attached Exhibit "C" containing the "Mitigation Monitoring Plan" is incorporated into
the project; and
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WHEREAS, in accordance with State CEQA Guidelines Section 15132, the Final EIR
consists of the following:
1. The Draft EIR;
2. Comments and recommendations received on the Draft EIR either verbatim or in
summary;
3. A list of persons, organizations and public agencies commenting on the Draft EIR;
4. The responses of the Lead Agency to significant environmental points raised in the
review and consultation process; and
WHEREAS, the Final EIR for General Plan Amendment/Zone Change No. 03-1188 and
Tentative Tract 6352 was prepared in accordance with State CEQA Guidelines Section 15132; and
WHEREAS, in accordance with State CEQA Guidelines Section 15151 the Planning
Commission considered the following direction regarding "standards for adequacy" of an EIR:
State CEQA Guidelines Section 15151:
An EIR should be prepared with a sufficient degree of analysis to provide decision-makers
with inforrnation which enables them to make a decision which intelligently takes account of
environmental consequences. An evaluation of the environmental effects of a proposed
project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of
what is reasonably feasible. Disagreement among experts does not make an EIR
inadequate, but the EIR should summarize the main points of disagreement among the
experts. The courts have looked not for perfection but for adequacy, completeness, and a
good faith effort at full disclosure; and
WHEREAS, in accordance with State CEQA Guidelines Section 15090 the lead agency (City
of Bakersfield) shall certify that:
(a) The Final EIR has been completed in compliance wth CEQA; and
(b) The Final EIR was presented to the decision-making body of the Lead Agency and
that the decision-making body reviewed and considered the information contained in
the Final EIR prior to approving the project.
WHEREAS, in accordance with State CEQA Guidelines Sections 15151 and 15090, the
Final EIR was considered for adequacy, completeness and good faith effort at full disclosure and
has been completed in compliance wth CEQA; and
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
1. The City Council hereby certifies that it has received, reviewed, evaluated and
considered the information contained in the Final EIR for General Plan
Amendment/Zone Change No. 03-1188 and Tentative Tract 6352 (Eagle Meadows).
4
2. The City Council hereby certifies the Final EIR for General Plan Amendment/Zone
Change No. 03-1188 and Tentative Tract 6352.
3. The above recitals and findings incorporated herein by reference are true and
correct and constitute the Findings of the City Council in this matter.
4. The appeal by the Sierra Club is denied.
5. That all required notices have been given.
6. The provisions of CEQA have been followed.
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 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.
8. The City Council hereby finds the mitigation incorporated into the project avoids
impacts or mitigates impacts to a less than significant level.
9. Certain environmental impacts regarding noise are considered unavoidable and
cannot feasibly be mitigated to a less than significant level. Moreover, the project
alternatives analyzed in the Final EIR would not feasibly mitigate the impacts.
10. The Planning Division of the Development Services Department is hereby directed to
file a Notice of Determination with the County Clerk of Kern County, pursuant to the
provision of Section 21152 of the Public Resources Code and Section 15094 of the
State CEQA Guidelines adopted pursuant thereto and a Certificate of Fee
Exemption pursuantto Section 711.4 (c) (2) (B) of the State of California Department
of Fish and Game Code.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on AUG 1 '7 7nÒ5
by the following vote: v..' l ./
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.A~S.:/
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH. CARSON. BENHAM. MAGGARD. HANSON. SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
p~~h
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HA VE L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ßtd; 'ftZ, ~
EXHIBIT A
B
C
Location Map
Statement of Facts and Findings
Mitigation Monitoring Plan
Jeng IS:ITRACTSI6352ICCICC FEIR.doc
November 5. 2005
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EXHIBIT "B"
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
Eagle Meadows Project
CEQA Findings and Findings of Fact
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 .......................................................................................10
3.5 - Cultural Resources ..........................................................................................12
3.6 - Cumulative Impacts .........................................................................................13
Section 4: Significant and Unavoidable Adverse Impacts..............................................17
section 5: Feasibility of Project Alternatives............................................................·......20
4.2 - No Project/No Development Alternative..........................................................·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
S:\TRACTS\6352\CC\EIR Findings.doc
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Eagle Meadows Project
CEQA Findings and Findings of Fact
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 Prepara1ion was released for public review in August of 2004.
In February 2005, the Draft EIR was released. After receiving public comment on the Draft EIR, the
City prepared a document entitled Responses to Comments on the Draft EIR (RTC). The RTC
document includes the verbatim comments received on the Draft EIR, 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
commen1s. The Final ElR 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
disposition of the issues, explaining the ElR 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,
Mitigation Monitoring Program, and the testimony presented at public hearings.
CEQA provides in relevan1 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:
1. 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
o1her 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 mitigation measures or project
alternatives identified in the environmental impact report.
(b) With respect to significant effects which were subject to a finding under paragraph (3) of
subdivision (a), the public agency finds that specific overriding economic, legal, social,
Michael Brandman Associates
S:\TRACTS\6352\CC\EIR Findings.doc
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Eagle Meadows Project
CEQA Findings and Findings of Fact
Introduction
technological, or other benefits of the project outweigh the significant effec1s on the
environment.
Because the Eagle Meadows project Environmental Impact Report (EIR) identified significant effects
that may occur as a result 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 1hese Findings. For
each of the significant effects identified 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 ofCEQA 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
S:\TRACTS\6352\CC\ElR Findings.doc
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Eagle Meadows Project
CEQA Findings and Findings of Fact
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 ne1 density of3.91 units
per acre. The project site currently has a General Plan designa1ion of Low Density Residential (122
acres), which allows development at a density of 7.25 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 consistent 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 1he General Plan
amendment, the applicant proposes to change the same 2.7 acres that are zoned for Open Space to R-1
(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 project applicant proposes 10 phase the development ofthe project site over approximately 5
years and comple1e buildout of the site in the Year 2010. Phasing on the project site is proposed 10
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 ofthe proposed project,
and proposed mi1igation measures to avoid or subs1antially 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 of the 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 projec1 site will result in
significant and unavoidable noise impacts. Additionally, residences along State Route (SR) 178 fTom
Fairfax to 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 project will result in the generation of air quality emissions during the short-term construction
phase, specifically, particulate matter (PM-IO) and nitrogen oxides (NOx).
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.
AQ5.2-1
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 fTom the SNUAPCD sta1ing the dust suppression measures tha1
Michael Brandman Associates
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Eagle Meadows Project
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
shall be completed during cons1ruction activi1ies to comply with SNUAPCD Regulation
VIII.
AQ 5.2-2
The following shall be incorporated into grading and building plans.
o Cover all access roads and parking areas with asphalt-concrete paving.
o Asphalt-concrete paving shall comply with SNUAPCD Rule 4641 and restrict the
use of cutback, slow-cure and emulsified asphalt paving materials.
o Use water sprays or chemical suppressants on all unpaved areas to control fugitive
emissions.
o Enclose, cover or water all stockpiled soils to reduce fugitive dus1 emissions.
o Cease grading activities when entrainment due to a wind even1 exceeds the
District's twenty percent opacity requirement.
o Limit cons1ruction-related vehicle speeds to 15 mph on all unpaved areas a1 the
construction site.
o All haul1rucks shall be covered when transporting loads of soil.
o Wash off cons1ruction and haul1rucks 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.
o Properly and routinely maintain all cons1ruc1ion equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
o Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
o Encourage ride sharing and use of transit transportation for cons1ruction employee
commuting to the project sites.
o Use electric equipment for cons1ruction 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 mitigate or
avoid the significant effects on the environment.
Michael Brandman Associates
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Eagle Meadows Project
CEQA Findings and Findings of Fact
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 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 conges1ion includes the following:
· Improve stree1 and traffic signals for those intersections and street segments that
the project contributes to traffic (see mitigation measures TR 6-l1hrough TR 6-3
in Section 6 of this DEIR)
AQ 5.2-5 The project proponent shall contact the Golden Empire Transit to determine the
feasibili1y of providing bus service to the project si1e and determine the need and location
of potential bus stops, passenger benches, shelters, tumou1s, and signage.
AQ 5.2-6 The project proponent shall integrate into the project design pedestrian safe1y infrastructure
including crosswalks and lighted pedestrian signals at all signalized intersections, provide
shade 1rees and street lighting along all sidewalks, and provide direct pedestrian pathways
with street lights to any furure bus stops as determined in AQ 5.2-5.
AQ 5.2-7 The project applican1 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.
· Ex1erior windows shall all be double-paned glass.
· Energy-efficient (low-sodium) parking lights shall be used.
AQ 5.2-6 Fireplaces are prohibited within the development.
AQ 5.2-9 The projec1 applicant/subdivider shall implement programs used for the reduction in 2.22
10ns 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 rum
storage or dedicated right rum capabili1y.
· 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.
Michael Brandman Associates
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Mitigated Project Level and Cumulative Adverse Impacts
. Mitigation 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 of the 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 detennine the emission reductions associated with projects. This documentation
shall be submitted to the Planning Director and the Public Works Director prior to
approval of a project.
If one or more of these programs is selected by 1he 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 1he number, type and year of cars crushed; location and type of engines
modified, photo documentation and quantification of emission reduction by SJVUAPCD
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 eliminated 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.
Michael Brandman Associates
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Eagle Meadows Project
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
3.2.2 - Potentially Significant Impact
Project related traffic along Vine land Road will exceed established standards.
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 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 site between the proposed residential lots and
Vineland 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 Unifonn Building Code and the
appropriate seismic design criteria.
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 project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue ofthe following mitigation measures as iden1ified in the final EIR and
incorporated into the project.
Michael Brandman Associates
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Eagle Meadows Project
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
GS5.4-1
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.
GS 5.4-2
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 related 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 documen1ed 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 mi1igate 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 1he project.
See mitigation measures GS 5 A-I and GS 5 A-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 10 less than significant.
· Waftle-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 10 compute the maximum shear stresses and
flexural stresses in floor slabs and flatwork. Use edge moisture variation distance
Michael Brandman Associates
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Eagle Meadows Project
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
(em) of six feet and three fee1 for 1he center lift and edge lift conditions,
respectively;
. Provide Post-tensioned, free floating slabs-an-grade;
. Provide posi1ive 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 cons1ruction 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
kit 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 subs1antially lessened to a level1hat is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the project.
BR5.5-1
Prior to the issuance of a grading pennit, the project applicant shall pay a development
fee in accordance with the MBHCP.
BR 5.5-2
Prior to the issuance of a grading penni1 on the l56-acre site, the project proponent shall
comply with all appropriate tenns and conditions ofthe 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 en1rapment of
kit fox in dens. Specific measures during the construction phase ofthe projec1 shall be
implemented and include the following:
Michael Brsndman Associates
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Eagle Meadows Project
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
· A preconstruction survey shall be conducted prior 10 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 preven1 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 oframps shall be no steeper than 1:1.
· All pipes, culverts or similar structures with a diame1er 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 10 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 in1ended 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 the 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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Eagle Meadows Project
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
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 mi1igation measures as identified in the final EIR and
incorporated into the project.
BR 5.5-3
Prior to the issuance of a grading pennit 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 biologis1
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 detennined 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 I through August 31), no disturbance to these
burrows shall occur without obtaining appropriate pennitting through the
Migratory Bird Treaty Act.
3.5 - CULTURAL RESOURCES
(Em section 1.7.)
3.5.1 - Potentially Significant Impact
Grading activities in the southwest portion of the project site between elevations 600 feet and 700 feet
could resul1 in impacts to the Shark100th Hill bonebed.
Finding
Changes or altera1ions 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
CEQA Findings and Findings of Fact
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 1he final ErR 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 expec1ed 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 un1il the monitor has completed salvaging of the fossils. If
construction personnel make the discovery, the grading contrac10r shall immediately
divert cons1ruction 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 Bakersfield, designated depository,
and any other appropriate agency, and transfer fossil collec1ion to an appropria1e
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
(ErR 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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Eagle Meadows Project
CEQA Findings and Findings of Fact
MItigated Project Level and Cumulative Adverse Impacts
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.
TR 6-1
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 R TIF 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 fteeway 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 I 78(Phase II local adjustment
required); and
· Construction of interchanges at SR 178 and Masterson Street and Alfted Harrell
Highway (Phase II local adjustment required).
TR6-2
Prior to the issuance of building permits, the project applicant shall pay the proportionate
share for local mitigation improvements (those n01 covered by 1he 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).
TR6-3
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 10 the City for review and approval.
3.6.2 - Potentially Significant Impact
The project will contribute to 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 and 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 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 AQ 5.2-4 through AQ 5.2-9 in Section 3.1 of this document.
3.6.3 - Potentially Significant Impact
Implementation ofthe 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 project, which mitiga1e or
avoid the significant effects on the environment.
Facts in Support of Finding
The 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 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 es1ablished.
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
other suitable material to prevent construction equipment and vehicles from impacting
adjacen1 habitat areas potentially occupied by special-status species.
3.6.4 - Potentially Significant Impact
The proposed project 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 significan1 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 elimina1ed 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
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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 1he 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 employment opportunities for highly trained workers, make infeasible the mi1igation
measures or project alterna1ives 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 mitigation 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 constructed along the perimeter of the
site may reduce noise at 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 standards. The No ProjectINo Development Alternative would avoid
significant and unavoidable noise impacts, bu1 would not meet any of the projec1 objectives, primarily
the creation of a master planned residential community. However, the No ProjectINo Development
Alternative also would not accommodate the new traffic patterns created by the future interchange at
Vineland 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 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 41.6 acres and 130 residential lots to be developed and resul1 in fragmentation of the
development pattern in northeas1 Bakersfield. Furthennore, since 1his alternative would not resul1 in
full implementation of the circulation system and associa1ed improvements, especially those
improvements in the northern portion of the project site, 1his 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 projec1, and would n01 create a
viable master planned community that reflects the City's desire to promote development in
northeastern Bakersfield.
Michael Srandman Associates
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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 projec1 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 rrom Fairfax to Morning and SR 184 rrom Vineland to Masterson)
have exis1ing 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 employmen1 opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the environmen1al 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 impac1s in 1he Year 20 I 0 are considered to be significant. Residences along SR 178 rrom
Fairfax to Morning and along SR 184 rrom Vineland to Masterson will be exposed to a substantial
increase in noise. This noise increase was con1emplated in the Metropolitan Bakersfield General Plan
Update ErR because there are numerous areas 1hroughou1 the City that will experience substantial
increases in noise due to future development in accordance with the Metropolitan Bakersfield General
Plan. These increases are projec1ed 10 occur due to substantially lower traffic volumes that currently
exist compared to the volumes projected in the future. No feasible measures are available for the
project applicant to reduce project and cumulative traffic noise levels along SR 184 from Vine land to
Masterson and cumulative traffic noise levels along SR 178 rrom Fairfax to Morning. Therefore,
significant and unavoidable noise impacts will occur along these two roadway segments.
The No Project/No Development Alternative would avoid significant and unavoidable noise impacts,
but would not meet any of the project objectives, primarily 1he creation of a master planned
community. Additionally, the No Project/No Developmen1 Alternative is not consistent 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 impac1s. Moreover, since the No Project/General Plan Alternative would result in a
greater number of residential units it would also generate a greater amount of traffic thereby
Michael Brandman Associates
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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 LSD 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.
Furthermore, since this alternative would not result in full implementation of the circulation system
and associated improvements, especially 1hose improvemen1s in the northern portion of the project
site, this alterna1ive would not provide as much access, including pedestrian access 10 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 1he Statemen1 of Overriding Considerations provided herein as
Attachmen1 A.
Michael Brandman Associates
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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 offeasible 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
alterna1ive. If the "No Project" alternative is the environmentally superior al1ernative, 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 incorpora1ing the
recommended measures to mitiga1e the identified impacts, reviewed a range of potential alternatives
to the proposed project. The Eagle Meadows ErR discussed the No Project/No Development
Alternative, the No Project/Development in Accordance with the General Plan Alternative, and the
Development in Accordance with the General Plan Noise Element Al1ernative. An Environmentally
Superior Alternative has been selected from among the 1hree alternatives evaluated in this Draft EIR.
An alternative that is environmentally superior will resul1 in the fewest or least significant
environmental impacts and will achieve the project objectives of the planning effort. The City
Council rejects each of the Alternatives, on the grounds that they are infeasible, fail to meet the
objec1ives of the Projec1, or fail to avoid adverse environmental impacts, as set forth in greater detail
below.
4.2 - NO PROJECT/NO DEVELOPMENT ALTERNATIVE
This alterna1ive 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, this alternative would not meet the project's objec1ives. 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 alternative will also not provide the economic benefits 10 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 the project's objectives.
Michael Brandman Associates
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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 of the project site as defined in the General Plan,
which would resul1 in greater development intensity. The project site curren11y has a General Plan
designation of Low Density Residential (122 acres) which allows a density of up 10 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 1he 122 acres of land designated Low Density
Residential and 34 acres of open space. Comparatively, the proposed project would resul1 in the
construction of 489 residential lots on 125 acres with a gross density of 3 .13 units per acre and a net
density of3.91 units per acre. The remaining 31 acres of1he I 56-acre project site would be retained
as open space.
The General Plan Alternative would result in greater transportation and traffic, noise, geology and
soils, biological resources, hazards and hazardous materials, and cultural resources impacts in rela1ion
to the proposed project The General Plan Alternative could achieve the objectives of the project;
however, the City Council rejects this al1ernative because of its significant adverse environmental
impacts.
4.4 - DEVELOPMENT IN ACCORDANCE WITH THE GENERAL PLAN NOISE
ELEMENT ALTERNATIVE
Portions of 1he project site will be exposed to noise impacts as a result of racing activities at the Mesa
Marin Raceway. The Development in Accordance with the General Plan Noise Element AI1ernative
(Noise Element Al1ernative) examines the development of the project sire in a manner that would
avoid the placement of residential units wi1hin areas of the project si1e that will be exposed to noise in
excess ofthe City's established thresholds. As such, the portions of the project site that lie within the
LSD - 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 containing 130 residential lots outside of the
LSD - 55 dBA or greater noise contours would be developed in 1he southwestern portion of the project
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 cultural resources impacts. However, this alternative would not meet most
of the objectives of the proposed project The project would provide an open space buffer between
the project si1e 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 to be less
desirable than 1he proposed project, and rejec1s it because it fails to meet the project's objectives.
Michael Brandman Associates
S:\TRACTS\6352\CC\ErR 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 rrom among the preceding alternatives and the
Eagle Meadows project. An alternative that is environmentally superior would result in the fewest or
leas1 significant impacts and will feasibly attain most of the objectives of the planning effort. Based
on the evaluation of the alternatives in this section, the No Project/No Development Al1ernative
would resul1 in fewer significan1 impacts than the Eagle Meadows Subdivision project. CEQA states
that if the environmentally superior alternative is the "No Project" alternative, the EIR shall also
identify an environmentally superior alternative rrom other alternatives. The Noise Element
Alternative is, thus, considered to be the environmentally superior alternative. However, although
this alternative is detennined to be environmentally superior to the proposed project, in relation to
transporta1ion and traffic, air quality, noise, geology and soils, biological resources, hazards and
hazardous materials, and cultural resources, it would not fully obtain the objectives of the Eagle
Meadows project. Specifically, by reducing the scale of the project, the Noise Element Alternative
reduces the amoun1 of housing onsite by almost 75 percent, which would present obstacles to
achieving the project objectives.
Michael Brandman Associates
S:\TRACTS\6352\CC\EIR Findings.doc
22
Eagle Meadows Project
CEQA FIndings and Findings of Fact
Attachment A: Statement of Overriding Considerations
Michael Brandman Associates
S:\TRACTS\6352\CC\EIR 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 to approve the Eagle Meadows project although
unavoidable adverse noise impacts have been identified in the EIR. 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 outweighed by the benefits of the Eagle Meadows project. Further, the
alternatives which were iden1ified in the ErR would not provide either in part or in whole the project
benefits, as summarized below, to the same extent as the proposed project:
· Create a master-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 1he Vineland Street/State Route 178 interchange;
· Provide an open space buffer between the Mesa Marin Raceway and the Eagle Meadows
project site;
· Promote street circulation by facilitating 1he frontage road shown as Mesa Marin Drive on 1he
east side of the project site;
· Provide improvements to SR-178 and SR-184 along the project frontage; and
· Provide a safe street network 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 Sta1ement of Overriding Considerations which has been
balanced against the unavoidable adverse impacts in reaching a decision on this project.
Michael Brandman Associates
S:\TRACTS\6352\CC\EIR Findings.doc
A-1
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