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Home My WebLink AboutRES NO 262-05 0- RESOLUTION NO. '262-05' RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO. 04-1012, AN AMENDMENT TO THE LAND USE AND CIRCULATION ELEMENTS OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED NORTH AND SOUTH McCUTCHEN ROAD, EAST AND WEST OF PROGRESS ROAD. (WARD 5 and 6). WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on TUESDAY, OCTOBER 3, 2005 and THURSDAY, OCTOBER 6, 2005 on General Plan Amendment No. 04-1012 of the proposed amendment to the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in The Bakersfie/d Californian, a local newspaper of general circulation; and WHEREAS, a notice of hearing was sent to property owners within 300 feet surrounding the project site pursuant to the Government Code; and WHEREAS, Global Investment & Development LLC, clo Aaron Rivani, made application for a general plan amendment for property located north and south of McCutchen Road, east and west of Progress Road, as shown in attached Exhibit "A," to allow development of 110 acres, more specifically stated as follows: General Plan Amendment No. 04-1012: A request to amend the Land Use Element of the Metropolitan Bakersfield General Plan from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 110 acres. A request to amend the Circulation Element of the Metropolitan Bakersfield General Plan consisting of changes to the Circulation map to change the designation of Progress Road between McCutchen Road to McKee Road from a Collector roadway; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project could have a significant effect on the environment and, therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the applicant for the property owner has indicated the purpose of the request is to develop urban uses within the City of Bakersfield; and WHEREAS, the project site lies within a path of development with approved urban development projects in progress; and WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element ofthe Metropolitan Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors when considering projects that propose to convert designated agricultural land to non-agricultural uses; and « 'òM¿:1> () ~ ;,.. - I-- m _ r- o 0 ORIGINAL WHEREAS, the Planning Commission has evaluated the ten (10) factors provided under Policy No. 14 ofthe ConservationlSoils and Agricultural Element of the Metropolitan Bakersfield General Plan and finds the following: 1) Soil Qualitv Finding - The Cajon sandy loam (approximately 25% of the project site), Kinberlina fine sandy loam (approximately 74.5% ofthe project site), and the Kinberlina fine sandy loam, saline-alkali (approximately 0.5% of the project site) located throughout the project site are common soils within the Southern San Joaquin Valley. The Cajon sandy loam is a deep, excessively drained soil on alluvial fans. For agricultural uses, it is used mainly for irrigated crops such as cotton, alfalfa, and sugar beets. Other crops grown include grapes and almonds. Kimberlina fine sandy loam is on alluvial fans and plains. For agricultural uses, it is similar to the Cajon sandy loam and is used mainly for irrigated crops such as almonds, alfalfa, cotton, and grapes. It can also support potatoes, sugar beets, pistachios, and onions. The Kimberlina fine sandy loam, saline- alkali is designated as a soil type for "Farmland of Statewide Importance" and as "Prime Farmland" if irrigated and is used for crops such as cotton, alfalfa, and barley (California Department of Conservation 1). Cajon sandy loam, overblown, 0 to 2 percent slopes is also classified as "Prime Farmland" if irrigated by the California Department of Conservation (California Department of Conservation 1). However, these soil types are not unique or located only on the project site. Therefore, conversion of the site from farmland to urban is appropriate for the project site and area. A crops map based on 1998 data from the Department of Water Resources is included in the Agricultural Conversion Study for the project prepared by Quad Knopf, which show trends and to compare past and present uses of the proposed project and vicinity. 2) Availabilitv of irriaation water Finding - The project site is located in the Kern County Water Agency District. Groundwater is in the unconfined aquifer at approximately 160 feet below the surface as recorded in Kern County Water Agency, 2002 Report on Water Improvement District NO.4 Map. Agricultural irrigation water is currently available through two on-site agricultural water wells, one located on Site 1 and the other located on Site 2. The project area also has access to surface water from the Stine Canal, however, this source has not been utilized during the past 3 - 5 years. There is adequate water supply to maintain crops common to the southwest Bakersfield area. It is not unique for farmland in southwest Bakersfield to have an adequate supply of irrigation water. 3) Proximitv to non-aaricultural uses Finding - Existing land use designations according to the Metropolitan Bakersfield General Plan Land Use Map for the project site itself and areas immediately to the north, south, east, and west of the project site is R-IA (Resource-Intensive Agriculture); LR (Low Density Residential) to the north and northeast; and P (Includes: Government Buildings, Hospitals, Public Utilities, Cemeteries, Sewage Treatment Plants, Waste Disposal Sites and other Publicly owned Facilities) to the east. The County zoning ofthe adjacent properties is A (Exclusive Agriculture) to the east, west, north, and south. The City prezoning of the adjacent properties to the east and northeast is A (Agriculture), however, currently being processed to include an R-1 (One Family Dwelling) and C-2/PCD (Regional Commercial/Planned Commercial Development) east and northeast of the site. 2 «. 'òf'.K<S'-9 o <!:;, ;,.. - r- m - ,.... o () ORIGiNAl To concrete manufacturing/batch plant facilities are located on the eastern border of Site 2. The City of Bakersfield Wastewater Treatment Plant NO.3 is located along the east side of Gosford Road, 14 mile east of the project site. Agricultural lands and residences are located to the north, west and south of the project site. 4) Proximitv to intensive oarcelization Finding - Substantial residential and commercial development exists beyond the north and northeast corner of the project site. A future residential development is currently being graded along the north side of Panama Land, west of Gosford Road (approximately % mile north of the site). A second residential/commerciallindustrial development project (300± acres) that is currently being proposed/processed for a mixed use development is located directly to the east of Site 1 and north of Site 2. 5) Effect on orooerties subiect to "Williamson Act" land use contracts Finding - The project area, Site 1 and Site 2 are not under Williamson Act Contract. The land was previously under a Land Use Contract which was entered into between the County of Kern and Destefani Farms, on December 2, 1970, and was recorded February 26, 1971. In 1991, the property owner, in accordance with Government Code Section 51245, served a written notice of nonrenewal of said Contract on October 10, 1991. Hence, in accordance with Government Code Section 51246 (a), said contract thereafter ceased renewal and remained in effect for ten (10) years from the last renewal. The terms of the Land Use Contract expired on February 28, 2001, and the covenants and restrictions of said contract ceased to be in effect. A copy of the Notice of Expiration of Land Use Contract Pursuant to Notice of Nonrenewal is available at the Planning Department for this project. Currently, there are over 1.5 million acres of land under the Williamson Act Program. (Revised Update of the Kern County General Plan). According to the Department of Conservation, Kern County ranked 10'" in 2001 for counties with the greatest amount of Nonrenewallnitiations. In that same year, Kern County was ranked second out ofthe top ten with 10,316 acres released from Williamson Contract obligations. Finally, total cancellations (the immediate termination of the enforceable restriction by a landowner), for 2001 were 3 acres. (Revised Update of the Kern County General Plan, Volume 1). 6) Abilitv to be orovided with urban services (sewer, water. roads, etc.) Finding - The project area, Site 1 and Site 2, is situated nearby existing and planned future residential developments. A sewage trunk line from the City of Bakersfield runs alongside of McCutchen Road and Gosford Road and overhead electric transmission lines run along the north side of McCutchen Road, the western boundary of Site 1, and along the eastern boundary of Site 2. There is one water well located on Site 1 and one water well located on Site 2. Currently, domestic water is not yet available. However, adequate service can be provided to the site as a result of its adjacent location to current developments. 7) Abilitv to affect the aoolication of aaricultural chemicals on nearbv aaricultural orooerties Finding - As described in the Revised Update of the Kern County General Plan, Volumve III, Final Environmental Impact Report, April 2004, "The Kern County Department of Agriculture is responsible for the enforcement of regulations on the use of pesticides in Kern County at the local level. The use of pesticides is regulated in part, by buffer zones that restrict the use of certain pesticides around sensitive sites. Some of these restrictions include: 3 « 'Ç"'I(t:?, () ó' >- "" f- m - ,.... 'J 0 ()¡:¡Ir.I~!AI · Restricted Materials - Restricted materials shall not be applied by air within 14 mile of residential areas or sensitive receptor areas such as schools. · Cotton Defoliants - Folex and paraquate applications shall not be made within Y:i mile of residential areas or sensitive receptor sites such as schools. · Metam Sodium - Sprinkler irrigation applications shall not be made within Y:i mile of residential areas or sensitive receptors such as schools. · Methyl Bromide and Chloropicrin - The buffer zone could vary depending 0 many factors with the maximum distance being 3,850 feel." Furthermore, according to the Kern County Health Department, "... it is unlikely that development in accordance with the General Plan Update would expose future residents to the affects of agricultural chemicals because of the short half-lives of currently used pesticides, and the fact that future developments would be hooked up to central water supply which is monitored for contaminants." (Metropolitan Bakersfield General Plan). The proposed project will not have any measurable affect on the application of agricultural chemicals as the existing and planned developments have already placed these restrictions on agricultural lands in this portion of southwest Bakersfield. Therefore, conversion of the farmland to residential use is appropriate for project site and area. 8) Abilitv to create a orecedent-settina situation that leads to the oremature conversion of crime aariculturallands Finding - Site 1 is bordered on the east side by railroad tracks (Sunset Railroad right-of-way) and Progress Road; to the west by transmission lines and hay fields, and to the south by McCutchen Road. The Stine Canal, owned and operated by the Kern Delta Water District, bisects Site 1 on a northeast alignment. Site 2 is bordered to the east by two concrete facilities (Structure Cast and Golden Empire Concrete Company) and to the west by railroad tracks (Sunset Railroad right-of-way). The project area, Site 1 and Site 2, is bounded on the north side by Panama Lane, an arterial street, and Gosford Road, an arterial street, on the east side. Residential subdivisions exist, or are planned, for lands directly to the north and northeast. The presence of infrastructure as well as existing, current and future developments adjacent to the proposed project indicate that the project as described is not a precedent setting situation but is operating according to the goals and policies adopted by Kern County and the City of Bakersfield; guiding development to areas with adequate public services and infrastructure and thereby providing continuity of exiting urban development. Therefore, conversion of the farmland to residential and mixed use is appropriate for the project site and area. 9) Demonstrated oroiect need Finding - Bakersfield, centrally located in California, is now the 11 th largest city in the state and is continuing to face growth pressures with a cost of living below the national average that is substantially lower compared to other communities on the West Coast. (The American Chamber of Commerce Researchers Association [ACCRA]). As a result, residential growth patterns have been approved throughout the Bakersfield metropolitan, and southwest area. This proposed conversion in southwest Bakersfield is in direct response to the surge of residential development in the project vicinity and to accommodate existing and projected future growth. Therefore, conversion of the farmland to residential use is appropriate for the project site and area. 4 « 'òl\lít?' () ó' ;,.. "" I-- m õ 1- ()1=>1r.!~IAI() -----.--.".....----..-..- 10) Necessitv of buffers such as lower densities. setbacks, etc. Finding - The project is adjacent to an arterial on the north and east. Currently there are no single-family residential areas directly abutting the project site. However, the proposed project will convert the land to compatible uses. WHEREAS, the project site contains 110 acres; and WHEREAS, adjacent urban development projects as well as local government agency efforts have extended or will extend supporting utilities and infrastructure adjacent to the property; and WHEREAS, the Planning Commission conducted a hearing on October 6, 2005, and did make several findings and recommended approval of General Plan Amendment No. 04-1012; and WHEREAS, the Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 147-05, adopted on October 6,2005: 1. The laws and regulations relating to the preparation and adoption of Environmental Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and 2. All required notices have been given; and 3. The provisions of CEQA have been followed; and 4. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. An Environmental Impact Report was prepared for the project in accordance with CEQA; and 5. The public necessity, general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield General Plan; and 6. The amendment to change the Land Use designation of the Metropolitan Bakersfield General Plan to LR (Low Density Residential) on 110 acres is consistent with the Metropolitan Bakersfield General Plan policies; and 7. The amendment to change the Circulation Element of the General Plan to eliminate Progress Road as a Collector segment is consistent with previous approvals. 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. 5 « ~~~f-5' () ó' ;,.. "" f- '" - ,.... (.) () 0RIr,INAI 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 minimus" exemption in accordance with Section 711 of the State Resources Code. Additionally the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the lead agency's decision to prepare an Environmental Impact Report. 4. That General Plan Amendment No. 04-1012 to the Land Use Element is hereby approved to LR (Low Density Residential) on 110 acres as requested by the applicant and as recommended by the Planning Commission and shown on the attached map in Exhibit "A", subject to the "Mitigation Monitoring and Reporting Plan" adopted in the Final Environmental Impact Report as shown in Exhibit "E" and "Conditions of Approval and Mitigation Measures" for the project as shown in Exhibit "B". That General Plan Amendment No. 04-1012 to the Circulation Element is hereby approved to change the Circulation Element to eliminate Progress Road as a Collector segment requested by the applicant and as recommended by the Planning Commission and shown on the attached map in Exhibit "A". 5. Attached Exhibit "c" containing the "Statement of Facts and Findings" are appropriate and incorporated into the project. 6. Attached Exhibit "D" containing the "Statement of Overriding Considerations" related to significant unavoidable impacts to agricultural resources, noise, and transportation/traffic are appropriate and incorporated into the project. 7. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 6 « ~M('~ () ó' ;,.. "" I-- m - ,.... o () '1r:¡Ir.I~AI ---------000-------- 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 NOli 1 ~ 2005 by the following vote: ~ NOES: ABSTAIN: ABSENT: c--- ~ ~- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER il.mL PAMELA A. McCARTHY, C CITY CLERK and Ex Officio lerk of the Council of the City of Bakersfield APPROVED NOV 1 I) 2005 ¡¿¡~ HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~ h1.,~ Attached: General Plan Amendment/Circulation Element Location Maps Conditions of Approval and Mitigation Measures Statement of Facts and Findings Statement of Overriding Considerations Mitigation Monitoring and Reporting Plan EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E MO:djl S:IGPA 3rd 2005104-1012 McCutchen 3 EIRIReso!utions-Ordinanceslgpe, cc res,doc 7 « 'DhK(oj> Q ~ ;,.. - I-- m - ("- o ö 1")!'¡ln!Nj\1 EXHIBIT A General Plan Amendment/Circulation Element Location Maps --..-.,..--.- « 'òAKt?' () ó' ;,.. "" I-- m õ ("- o O!'¡ll':fNAI N T""" o T""" I -q- o I- Z W ~ o z w ~ « z « ....J a... ....J ~ W Z W (!) [] i u. =- ~ I w I ..... ~- -..J 'd -~ --, Z .....18 ~ W- e ~ 0 !5 ~ C") JJ ~ C") ~ ~ .. g - ,,- -- UVU<I ¡¡; '" ~ '" ~ n ¡¡; 0: 0: - ! <$ I I 0::0 ~ -' avo~ SS3~DO~d ~ '" N wm ~ C") L_ '" <~ 0: _...J 0::0 '" 'llÎß I- ~ ~ '" 0: !5 ¡ ~ !5 ! I g - P- C UVU..Kf-9 < - ~ () <!' ~ ORIGINA~ "'. IIUI...LC OFlBllloørru.ot4. I , ----~--------------- I "'. au;¡_.1.IIID! DFGIIIi:.ømLU!llCG. Reclassification of --+ progress Road from Collector Roadway to Local Street --------------- --- -... - .,.". .- __, 110 tørli..iØfCJCl. '10 ~ ~ not to scale CCNSULTING 1IJ270C5 IN 1o-1039'1~-118012 'I . / Ip I. /.~ "'. ",.·1 I' j Cf==~= œ:=t:'Q ill ,Ii JV- -----~.--------t-------. -~"-------i¡', I _1W'1fu.¡a¡:; I IlLØIÞI'ø:UiIOI II 1IfU.~....t:I· ! r-1IIP.-'TailU2. II' , . I ' --- - _n__ - - -~:i:~~ - - - -- ~ - -- -- --il "'. I "'. I' s ;;==:==. 1 .==:=œ. I ~ I ~ 1 ìJ ~---------- -- -- -t------ - ---- -- - -- ~i' ~ MØ~:~ I wc::uø II 8 ~HI:!II;w,mLIIDœ. I III'IN=-nIMlQ. I ~ : P.OB , I -17'50·['(1) r28D.S; . I ~ ~UI ~... -......- DI/I1IIC·.....UMI\!S: ~A.. A1'II~ <ð",e'l- " -w.œt:J2fl..5tt' LJHD USt: l£ŒND we Wo.IOI'I COMWDCW. cc ::DIDtAL~ U ur:>r." IIIt)U5:nIW. 1.YI~'*tDUIØ[NSI(T~ ~ ~wtDlUllløocsmll(3llJ[)(lW. UI: W\'Q[MS1rf~ 51 ~~ NØ917'50·W 1J19.29' 11£ IN I MJ..2SAIO ! :: ~ Q l' 1\ ~, ~ ~'~II_: ~ I' DIS'Mi'i;Di£ \o.¿ INW~·~-I __I~__,~ :1 __-',11£... JoJ II ~ : I g I' ~ ,I ~ n .. ¡¡ H ¡¡ ~ n .. j;¡ g" ¡¡ð . W! ~ ~. ~. 0.; McCUTCHEN ANNEXATION GPA I zc~_~~~f?,ó' Circulation Element Amendment * - t- V 0 ()I=>!/';INAI - ~ CJII51'II;R-1AUlClu:5E """", ... I I I I I , I :i d" :1 I, --'1 ~6 __0 1'IOoIICI1_.~ ....IiI.._...,II£,.. ~ j -- Z!JØI< ŒCÐ<D , """""- C-2 ~ct)W~ 1It-1 UGrffWMJ'oICUIIMC Y--:I CENE:AAl_UF..cT'I.IIIPIC ......" M£W!'_UF¢1'\.IInNG .., """"'- Exhibit B Conditions of Approval General Plan Amendment/Zone Change 04-1012 1. The proposed project development shall be in accordance with the design and policy standards as set forth by the City of Bakersfield and County of Kern. 2. The project owner shall provide to buyers an area map disclosing existing uses on all nearby parcels as part of the sales contract process. Buyers shall also be provided copies of any and all conditional use permits issued for adjoining properties, or other land use entitlements, or site development standards for M-3 (Heavy Manufacturing) zoned property as provided in the County Zoning Ordinance, from the Kern County Planning Department. Buyers are to sign for these disclosures indicating they have read the disclosures and received a copy of the same. The disclosures shall describe the presence of existing industrial uses and their associated activities, including hours of operation as well as all mitigation requirements and conditions of approval imposed on industrial users by the existing conditional use permits, or other land use entitlements, or County Zoning Ordinance. 3. Soil characterization and sampling of any stained soil within the project site shall be conducted as needed to determine the presence or absence of hazardous materials prior to grading activities. If concentrations of materials are detected above regulatory cleanup levels during demolition or construction activities, the mitigation measure shall include: a) Excavation and disposal at a permitted, off-site facility; b) On-site treatment; or c) Other measures as appropriate. Prior to issuance of building permits, all oil-contaminated soils shall be remediated to the satisfaction of the Local Unified Program Agency (the Office of Environmental Services Division of the Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board and/or the California Department of Toxic Substances Control. 4. The telephone pole sections, grapevine row tie timbers, and railroad ties, shall be removed from the project site and disposed of at an appropriate landfill facility. Once the telephone pole sections, grapevine row tie timbers, and railroad ties are removed, a visual inspection of the areas beneath and around the removed materials shall be performed. Any ~ 'òþ.K~1' () ~ >- - ", I;:: r-- '" 0 r)RIGINAL Exhibit B Conditions of Approval GPAlZC 04-1012 Page 2 of 30 stained soils observed underneath the telephone pole sections, grapevine row tie timbers, and railroad ties shall be sampled. Results of the sampling (if necessary) would indicate the level or remediation efforts that may be required. 5. The agricultural water wells shall be properly removed and abandoned pursuant to the latest procedures required by the local agency with closure responsibilities for the wells. Any associated equipment (i.e., generators and pumping materials) shall be removed off-site and properly disposed of at a permitted landfill. A visual inspection of the areas beneath the removed materials (if present) shall be preformed. 6. The specific location of the documented septic tanks shall be determined. Once the location is determined, the septic tanks shall be removed and properly disposed of at an approved landfill facility. Once the tanks are removed, a visual inspection of the areas beneath and around the removed tank shall be performed. Any stained soils observed underneath the septic tanks shall be sampled. Results of the sampling (if necessary) would indicate the level or remediation efforts that may be required. 7. The Aboveground Storage Tanks (ASTs) shall be removed and properly disposed of at an approved landfill facility then the areas beneath and around the removed ASTs shall be visually inspected. Any stained soils observed underneath the ASTs shall be sampled. If concentrations of materials are detected above regulatory cleanup levels during sampling activities, the mitigation measure shall include the following: a) Excavation and disposal at a permitted, off-site facility; b) On-site treatment; or c) Other measures as appropriate. 8. Any removal or relocation of transformers shall be conducted under the purview of the local utility purveyor to identify proper handling procedures regarding potential PCBs. 9. The interior of the individual on-site structures and five-wheel trailer within the project site shall be visually inspected prior to demolition or renovation activities, with particular attention to all maintenance/agricultural uses. Shall hazardous materials be encountered within anyon-site structure, the materials shall be tested and properly disposed of in accordance with State and Federal regulatory requirements. Any stained soils or surfaces underneath the removed materials shall be sampled. Results of the ~~Mt"? () ~ .... - m - r- -) 0 ')R;GINAL Exhibit B Conditions of Approval GPAlZC 04-1012 Page 3 of 30 sampling would indicate the appropriate level of remediation efforts that will be required. 10. Prior to issuance of any grading permit, the project applicant shall perform soil tests to determine concentrations of pesticide and fungicide residues that may be present within the project site. Should contamination levels be in excess of acceptable Federal, State, and/or County levels, the project applicant shall identify and implement remedial action, (subject to approval by the City of Bakersfield and responsible regulatory agencies), to reduce contaminants to acceptable levels. 11. Prior to demolition activities, an asbestos survey shall be required to determine the presence or absence of asbestos-containing materials. The results of the survey shall be submitted to the City of Bakersfield. If asbestos-containing materials are found, abatement of asbestos shall be required before any demolition activity that would disturb asbestos- containing materials or create an airborne asbestos hazard is permitted. Asbestos removal shall be performed by a State-certified asbestos containment contractor in accordance with San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 4002, which requires the following: a) A survey of the facility prior to issuance of a permit by the SJVAPCD; b) Notification of the SJVQPCD prior to construction activity; c) Removal of asbestos in accordance with prescribed procedures; d) Placement of collected asbestos in leak-tight containers or wrapping; and e) Proper disposal of the asbestos. 12. Prior to demolition activities, a survey shall be conducted to determine the presence or absence of lead-based paint. The results of the survey shall be submitted to the City of Bakersfield. If any lead-based paint is found, abatement shall be required before any demolition activities occur that would create a lead dust or fume hazard. Lead-based paint removal shall be preformed in accordance with California Code of Regulation Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. The contractor performing lead-based paint removal ~ 'òMê?, () ~ >- m _ r- .,) 0 "~:r;INAI Exhibit B Conditions of Approval GPAlZC 04-1012 Page 4 of 30 shall provide evidence of certified training for lead-related construction work. 13. Pursuant to SJVAPCD Regulation VIII-Fugitive PMlO Prohibitions, all areas with bare soil exposed as a result of Project earthwork activities shall be landscaped at the earliest time possible or stabilized by watering when winds exceed 20 miles per hour (mph) in order to reduce the potential inhalation of spores causing Valley Fever. 14. Prior to issuance of grading permits for each development, a site specific soils report shall be completed to the satisfaction of the City Engineer, that further characterizes and analyzes on-site soil conditions, and identifies appropriate measures to be implemented to control erosion and dust. The results of the study shall be used as the basis to complete the required Storm Water Pollution Prevention Plan (SWPPP), which includes erosion control measures in order to comply with the National Pollution Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act. Temporary, construction-related, and permanent erosion control measures may include but not be limited to the use of sandbags, hydroseeding, landscaping, and/or soil stabilizers. 15. The overall shape, height and grade of any cut and fill slope contour shall be developed in concert with the existing natural contours and scale of the natural terrain, as prescribed in Chapter 17.66 of the Bakersfield Municipal Code. The graded form shall reflect the natural, rounded terrain, wherever possible. The grading plan shall also reflect a contouring and landscaping program intended to control erosion. Compliance with this measure is subject to review and approval by the City Engineer through the development review process. 16. Prior to approval of individual development projects, the Director of Public Works or his/her designee, shall confirm that the plans stipulate that prior to issuance of any grading permits, the project applicant shall be responsible for filing a Notice of Intent (NOI) and for filing the appropriate fees pursuant to the NPDES program. The project contactors shall incorporate stormwater pollution control measures into a SWPPP. BMPs shall be implemented to the maximum extent possible. Evidence that proper clearances have been obtained through the SWRCB, including coverage under the NPDES statewide General Stormwater Permit for Construction Activities, must be demonstrated. A Standard Urban Storm Water Mitigation Plan (SUSMP) shall be required as required in the NPDES permit for the area of the Project site draining to the Kern River. ~r>-Kt-s> á ~ >- m - r- ~) 0 ....""r,INM -..-,.-- Exhibit B Conditions of Approval GPAlZC 04-1012 Page 5 of 30 17. Future projects shall exercise special care during the construction phase to prevent any off-site impacts. Erosion control measures and temporary desiltation/detention basins shall be in place, as approved by the Director of Public Works. The basins and erosion control measures shall be shown and specified on the grading plans and shall be constructed to the satisfaction of the Director of Public Works prior to the start of any other grading operations. 18. Prior to the commencement of construction activities, a WDR or a waiver thereof, may be required from the Central Valley RWQCB for the realignment of the Stine Canal and abandonment of the Section 31 Ditch. If WDRs are prescribed, the Project Applicant shall incorporate mitigation measures identified in the WDR to reduce potential significant impacts to water quality and potential public nuisances that are due to the treatment or discharge of waste. 19. A six foot high chain-link fence, or equivalent barrier as determined by the advisory agency, shall be constructed between any subdivision and the right-of-way line of any irrigation canal within or adjacent to the subdivision, as specified in City of Bakersfield Subdivision and Engineering Design Manual Standard S-10. 20. Prior to filing a final tract or parcel map, the developer/owner shall record a covenant for each lot in the subdivision that prohibits the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. Additionally, the developer/owner shall pay City fees for inspection of installation of water facilities and City Water Availability Fees. Payment of fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of each phase of the project, based on the percentage of the gross acreage contained in the particular phase to be accepted and recorded, as compared with the total gross acreage within the entire project. All water main, service connections, and fire hydrants shall be installed by the developer and dedicated to the City. Plans and specifications for such water mains and appurtenances shall be prepared by and/or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. 21. Prior to the approval of final project plans and specifications, the City Engineer, or his designee, shall confirm that recommended design elements have been incorporated so that the project site will be adequately protected from the 100-year storm, will not adversely impact ~þ.K¿'1- «, ó o .., >- ¡¡ t;: t; v (,)RI(;I~IAI Exhibit B Conditions of Approval GPA/ZC 04-1012 Page 6 of 30 downstream properties, and is designed in conformance with applicable City and County requirements. 22. Drainage system design requirements for the future developments and all future roadways shall include, but not limited to: a) Future on-site roadways shall be designed to accommodate adequate flow capacity. b) Appropriate minimum stormdrain pipe size diameter as specified by the City Engineer. c) Stormdrain flow velocity limitations as specified by the City Engineer. 23. Temporary construction equipment staging areas shall be located within the Project site through the duration of construction. Appropriate screening (e.g., temporary opaque fencing [six feet in height]) will be used to buffer views of construction equipment and material, when feasible. Staging locations shall be indicated on final plans and grading plans are subject to review and approval of the City Planning Department. Additionally, all construction activities would be required to be consistent with applicable Bakersfield Municipal Code requirements and conditions of approval. 24. Design review shall be required of all new development through the architectural and site review process prior to the issuance of a development permit. The review should determine whether the proposed development is consistent with current development ordinances. This shall be subject to review and approval of the Planning Department. 25. Adequate landscape screening shall be provided to minimize project views from off-site, as demonstrated in a Landscape Plan requiring review and approval by the City Planning Department, prior to the issuance of grading permits. The Landscape Plan shall also indicate the planting palette and general placement of tree types. 26. To ensure that the project's exterior lighting does not spill over onto the adjacent uses, all exterior light fixtures, including street lighting, shall be shielded or directed away from adjoining uses, pursuant to all applicable lighting standards and requirements of the Bakersfield Municipal Code. 27. With submittal of a grading plan, a Traffic Management Plan (TMP) shall be submitted for review and approval to the City of Bakersfield Public 'òM(?, ð <!; >- - n >::: r- .J () "~Ir;I~IAI Exhibit B Conditions of Approval GPAlZC 04-1012 Page 7 of 30 Works Department. Such plan shall consist of prior notices, adequate sign posting, and detours (including for pedestrians and bicyclists). The TMP shall specify implementation timing of each plan element (prior notices, sign-posting, detours, etc.) as determined appropriate by the City Engineer. The TMP shall be reviewed and approved by the City Police and Fire Departments so that construction does not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts. 28. Proper detours and warning signs shall be established to ensure public safety. This includes the use of proper lighting (where appropriate); fencing and shielding; proper storage of equipment and construction supplies; and covering loose piles of soil, silt, clay, sand debris, or other earthen Material. 29. Prior to issuance of building permits, the project applicant shall comply with the City's Regional Transportation Impact Fee Program (RTIF) in accordance with the standard residential, per-lot rate. 30. For impacted intersections subject to fair-share improvements (refer to Tables 5.5-11 and 5.5-13), the project applicant shall participate in the improvements required on a pro-rata fair-share basis, as indicated in Table 5.5-16. Table 5.5-11 AM Peak Hour Intersection LOS - Future Intersection Movement 2025 2025 Significant No Proiect Plus Proiect Imoact? UNSIGNALlZED Old River Road & Taft Highway SB B C No Old River road & Taft Hiohwav NB B D Yes Gosford Road & Taft Highway NB C F Yes SB D F Yes Source: Traffic Study, Ruettgers & Schuler, October 2004 (revised January 2005). Note: Deficient facilitv operation shown in Bold. '< 'òM<S'?, o ó' '" >- - n ~ r- "0 ~ f'\I=>IGINAI Exhibit B Conditions of Approval GPAlZC 04-1012 Page 8 of 30 Table 5.5-13 PM Peak Hour Intersection LOS - Future' Movement 2025 2025 Significant No Proiect Plus Proiect Impact? UNSIGNALlZED Old River Road & Panama Lane Overall Intersection F F NO Gosford Road & Panama Lane Overall Intersection F F NO Old River Road & Berkshire Road EB E F YES WB E F YES Gosford Road & Berkshire Road EB F F NO WB F F NO Old River Road & McCutchen Road EB F F NO WB F F NO Proiect Entrance 1 & McCutchen Road SB --- B --- Prooress Road & McCutchen Road NB B C NO Proiect Entrance 2 & McCutchen Road NB --- B --- Gosford Road & McCutchen Road EB F F NO WB F F NO Reliance Drive & McCutchen Road SB B B NO Proaress Road & Proiect Entrance 3 WB --- B -- Prooress Road & Proiect Entrance 4 WB --- B --- Old River Road & McKee Road EB F F NO WB F F NO Prooress Road & McKee Road Overall Intersection A A NO Proiect Entrance 5 & McKee Road SB -- B --- Gosford Road & Taft Hiahwav EB C C NO Old River Road & Taft Highway SB F F NO Old River Road & Taft Hlnhwav NB F F NO Gosford Road & Taft Highway NB F F NO SB F F NO SIGNALIZED Gosford Road & Harris Road I --- I C t C I NO Notes: 1. Deficient facility operation shown in bold. Source: Traffic Studv, Ruettaers & Schuler, October 2004 (revised Januarv 2005\. ~ ~f\K¿,-,¡ () o~ >- r r- " Õ t !"\RIr::I~I~1 Exhibit B Conditions of Approval GPNZC 04-1012 Page 9 of 30 Table 5.5-16 Future Intersection Improvements & Local Mitigation Intersection Total Improvements Local Mitigation Project % Share Required by 2025 (Improvements not for Local covered bv RTI F) Miti¡:¡ation Old River Road & Install Signal Panama Lane 1 EBL 2.07% 1 WBL -- - (2.52%) 1WBT 1 NBL 1 SBL Gosford Road & Install Signal Panama Lane 1 EBL 2.85% 1 EBT -- - (4.19%) 1 WBL 1WBT 1 NBL 1 NBT 1 SBL 1 SBT Old River Road & Install Signal 1 EBL 5.29% Berkshire Road 1 EBL 1WBL (5.29%) 1WBL 1 NBL 1 SBL Gosford Road & Install Signal 1 EBL 9.13% Berkshire Road 1 EBL 1WBL (9.13%) 1WBL 1 NBL 1 SBL Old River Road & Install Signal McCutchen Road 1 EBL 9.85% 1 WBL -- - (10.27%) 1 NBL 1 SBL Gosford Road & Install Signal McCutchen Road 1 EBL 13.7% 1WBL -- - (17.56%) 1 NBL 1 SBL Notes: 1 Intersection currently offset. Realign north intersection to meet south intersection. 2 New lanes on north leg realignment. (%) = Caltrans Percent Share. NB: North bound: SB: South bound; EB: East bound: WB: West bound: L: Left turn lane: R: Right turn lane; T: Through lane. Source: Traffic Studv, Ruettaers & Schuler, October 2004 (Revised January 20051. J. 'òf>.Kf?>~ >- n _ ¡- .) () "Olr-IIIIAI Exhibit B Conditions of Approval GPAlZC 04-1012 Page 10 of 30 Table 5.5-16 (Continued) Future Intersection Improvements & Local Mitigation Intersection Total Improvements Local Mitigation Project % Share Required by 2025 (Improvements not for Local covered bv RTI F) Mitioation Old River Road & Install Signal McKee Road 1 EBL 1 EBL 7.69% 1 WBL WWBL (7.69%) 1 NBL 1 SBL Gosford Road & Install Signal 9.86% McKee Road 1 EBR 1 EBR (9.86%) 1 NBL Old River Road North Install Signal 3.95% & Taft Highway' 1 EBL 1 NBL (7.80%) 1 EBT Old River Road South 1 NBL & Taft Highway' 1 SBL2 1 SBT2 Gosford Road & Taft Install Signal 4.9% Highway 1 NBL 1 NBL (11.91%) 1 SBL Notes: , Intersection currently offset. Reali9n north intersection to meet south intersection. 2 New lanes on north le9 realignment. (%) = Caltrans Percent Share. NB: North bound; SB: South bound: EB: East bound; WB: West bound; L: Left turn lane; R: Right turn lane; T: Through lane. Source: Traffic Studv, Ruettaers & Schuler, October 2004 (Revised Januarv 2005\. 31. Prior to issuance of grading permits, the contractor shall provide evidence acceptable to the City Planning Department that (1) all construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained mufflers; (2) construction activities shall be limited to the designated daytime hours as specified by the City of Bakersfield (currently 6 AM to 9 PM on weekdays and 8 AM and 9 PM on weekends). No construction is allowed on Federal holidays. These restrictions apply to all trucks, vehicles, and equipment that are making or involved with material deliveries, loading or transfer of materials, equipment service, and maintenance of any devices for or within the project construction site. 32. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from noise-sensitive receptors, to the satisfaction of the Building Official. 33. Prior to approval of the Project plans and specifications by the City Planning Department, the construction contractor shall incorporate «. ~f>,Kf.£ () ~ >- n - r -) e:- .....!'11r..11\1ð.1 -..-. ,._--_.._-_..~._-_._._._.. --..----------. Exhibit B Conditions of Approval GPAlZC 04-1012 Page 11 of 30 feasible muffling features into all construction vehicles and equipment and into construction methods, and shall maintain all construction vehicles and equipment in efficient operating condition. 34. The project plans and specifications prior to approval by the City Planning Department, shall stipulate that stockpiling and construction vehicle staging areas shall be located as far away as practical from noise- sensitive receptors during construction activities. 35. Prior to residential development, an acoustical noise analysis shall be prepared to ensure that exterior and interior noise levels are met. Residential buildings or structures shall prepare an acoustical analysis showing that the building has been designed to limit intruding noise to the level prescribed (interior of 45 dBA CNEL and exterior 65 dBA CNEL). To the extent feasible, the following site-planning techniques shall be implemented: a) Increasing the distance between the noise source and the receiver. b) Using non-noise sensitive structures such as garages to shield noise-sensitive areas. c) Orienting non-noise sensitive structures such as garages to shield noise-sensitive source. d) Incorporating architectural design strategies, which reduce the exposure of noise-sensitive spaces to stationary noise sources (i.e., placing bedrooms or balconies on the side of the house facing away from noise sources). These design strategies shall be implemented based on recommendations of an acoustical analysis for individual developments, as required by the City to comply with City noise standards. e) Incorporating noise barriers, walls, or other sound attenuation techniques, based on recommendations of acoustical analysis for individual developments. as required by the City to comply with City noise standards. f) Modifying elements of building construction (i.e., walls, roof, ceiling, windows, and other penetrations), as necessary to provide sound attenuation. This may include sealing windows, installing thicker or double-glazed windows, locating doors on the opposite side of a building from the noise source, or installing solid-core doors equipped with appropriate acoustical gasket. ~i'K£0' '<. Ú' () -< >- ñ I- ,... "0 ~ r'\Q:~'I\IAI _.------ _.._-._-~...__._--~-_..._._-_._--,.----- Exhibit B Conditions of Approval GPAlZC 04-1012 Page 12 of 30 36. Buyers, renters or lessees within the project whom are located within the proximity of the adjacent industrial facilities shall be notified of the periodic operations and that noise from the Golden Empire Company and Structure Cast Batch Plant may be audible on a periodic basis. Such noise shall be noted as being within allowable levels, but possibly audible at residences closest to the eastern site boundary south of McCutchen Road. In an attempt to reduce complaints and unwarranted investigations undertaken by any public agency, the following disclosure shall be recorded as part of any transfer of properties within the project site. Your real property is adjacent or in the vicinity of property used for agricultural operations and/or industrial operations, you may be subject to inconveniences or discomforts arising from and associated with such operations on any 24-hour basis. Said discomforts may include, but shall not be limited to equipment noise, odors from manure, fertilizer, and other chemicals, dust and/or smoke. 37. A ten-foot high masonry wall shall be erected along the eastern site boundary south of McCutchen Road to increase the margin of safety between industrial noise exposure and the City standards. It is recommended that additional noise analysis be conducted prior to Tentative Tract Map approval to ensure that the wall design provides adequate noise attenuation to meet the City of Bakersfield noise standards. 38. To minimize engine exhaust emissions during project construction, the Applicant shall implement the following measures: a) Properly and routinely maintain all construction equipment, as recommended by manufacturer's manuals, to control exhaust emissions. b) Shut down equipment when not in use for extended periods of time, to reduce exhaust emissions associated with idling engines. c) Encourage ride-sharing and use of transit transportation for construction employees commuting to the project site. d) Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. '< 'Qt>.K(?' () ~ >- iT ,.... r -:) () "QIGIMAI ---""-'- ......- -_.-----_....__..._--,-^----~ ".---'T""~>' .<-..,,-.-....------......- Exhibit B Conditions of Approval GPAlZC 04-1012 Page 13 of 30 e) Curtail construction during periods of high ambient pollutant concentrations. f) Construction equipment shall operate no longer than eight cumulative hours per day. g) All construction vehicles shall be equipped with proper emission control equipment and kept in good and proper running order to reduce NOx emissions. h) On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under manufacturer's guidelines. i) On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. j) On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. k) Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economical and available to reduce NOx emissions. I) All construction activities within the project area shall be discontinued during the first stage smog alerts. m) Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average). 39. Construction of the Project requires the implementation of control measures set forth under Regulation VIII of the San Joaquin Valley Air Pollution Control District (SJVAPCD) Fugitive PM10 Prohibition. The following mitigation measures are required to be implemented at project construction sits to maintain visible dust emissions (VDE) at less than 20 percent opacity as required by Regulation VII: a) Because the project construction disturbance area will likely exceed ten (10) acres, a fugitive dust control plan as defined in Section 6.3.6 of SJVAPCD Rule 8021 shall be developed for APCD approval prior to grading « ~f>,Kl:?, () ~ )0.. iT, - r- -) () "OIr.I~IAI Exhibit B Conditions of Approval GPAlZC 04-1012 Page 14 of 30 b) A responsible individual trained in dust control shall be identified, and his/her name and contact information shall be conspicuously posted around the perimeter of any grading/construction areas, as well the phone number for the SJVAPCD complaint "hot line". c) All grading areas shall be pre-watered sufficiently to create sufficient soil moisture to limit VDE to 20 percent opacity. d) Work shall be phased to reduce the amount of simultaneous disturbance area as much as practical. e) Water previously disturbed exposed surfaces (soil) a minimum of three-times/day or whenever visible dust is capable of drifting from the site or approaches 20% opacity. f) Dust from all on-site and off-site unpaved access roads shall be effectively stabilized by applying water or using a chemical stabilizer or suppressant. g) Reduce speed on unpaved roads to less than 15 miles per hour. h) During construction, water shall be available at all times for application to active disturbance areas to limit VDE to 20 percent. i) During construction, water or other dust suppressants shall be periodically applied to unpaved haul routes/access routes/staging areas for dust suppression at a frequency that maintains VDE at 20 percent or less. j) Wind barriers may be constructed and maintained to assist in maintaining VDE at 20 percent or less. k) Vehicular access shall be physically restricted to any disturbed areas during periods of inactivity. I) A stabilized surface shall be established and maintained on any disturbed inactive surfaces as defined in Section 3.58 of Rule 8011. m) Install and maintain a trackout control device that meets the specifications of SJV APCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicle with three or more axles. (, 'òMt~ ò' ~ >- - n >::: r- ,) () 0RIr,INAI .....-- ..- ~-~._.._.."....-_..~-~-_.-.-. -..---.'---- Exhibit B Conditions of Approval GPAlZC 04-1012 Page 15 of 30 n) Stabilize all disturbed areas, including storage piles, which are not being actively utilized for construction purposes using water, chemical stabilizers or by covering with a tarp, other suitable cover or vegetative ground cover. 0) Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. p) Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden). q) Outdoor activity, except for dust suppression, shall cease when wind speeds cause VDE to exceed 20 percent on any substantial portion of the construction area. r) Dust suppression shall continue during high wind events if physical safety of the equipment operator is not imperiled. s) Stabilize the surface of storage piles removal of materials using stabi lizer/ su ppressants. following the addition or water or chemical t) At least six (6) inches of freeboard shall be maintained, and water shall be applied to the top of any load of bulk materials traveling to/from project construction sites, or the load shall be covered with a tarpaulin or fine mesh netting. u) Dirt trackout shall be removed at the end of each workday using approved techniques or equipment. v) A trackout control device shall be installed at any construction access/exit points if used by more than 20 trucks per day. w) Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). x) Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials. <òMè-5' «. ó' o -< >- ñ ,.. ~ C:J ')I"¡~\C;\N\I Exhibit B Conditions of Approval GPA/ZC 04-1012 Page 16 of 30 y) Grading should be conducted in phases. z) The project site shall not be cleared of existing vegetation cover until required by construction. aa) The project developer shall re-vegetate graded areas as soon as it is feasible after construction is completed. 40. Prior to issuance of any building permits, Contractors and/or Developer shall submit a written statement to the City of Bakersfield Planning Department stating that they shall maintain records documenting compliance with all mitigation measures as required and shall make such records available to the SJVAPCD upon request. 41. Prior to the issuance of any building permits, Contractors and/or Developer shall submit a written statement that they would allow an authorized representative of the SJVAPCD to review construction equipment activity and mitigation measure records for the purpose of assuring compliance with the applicable requirements of these mitigation measures and all tract development requirements. 42. To reduce emissions from mobile sources, incorporate transportation control measures and design features into the project. The below-listed control measures provide a strategy to reduce vehicle trips, vehicle use, vehicle-miles traveled, vehicle engine idling, and traffic congestion for the purpose of reducing motor vehicle emissions and are therefore required in order to achieve the necessary emission reduction. a) Throughout the project, incorporate sidewalks, with adequate safety signage and appropriate lighting. Connect sidewalks to any open space or recreational areas and to nearby transit loading areas and/or shelters. b) The project applicant shall incorporate the following in building plans: . Bicycle racks shall be provided in the proposed commercial areas. Location and number shall be shown on Final Development Plans. c) Install electrical outlets and/or natural gas lines in backyards or patios to encourage the use of electric landscaping equipment and natural gas barbecues. No building permit can be issued without compliance with this mitigation measure. 'òþ../(~?, ð- <!;- ,.. n , ,... J c::, "t1\rìINAI Exhibit B Conditions of Approval GPAlZC 04-1012 Page 17 of 30 d) All intersections and on street segments where traffic generated by the proposed developments may impact the surrounding local roadway system, improve streets and install traffic signals. e) The proposed project shall comply with Title 24 of the California Code of Regulations established by the Energy Commission regarding energy conservation standards. The project applicant shall incorporate the following in building plans, subject to the review and approval of the City. · solar or 10w-NOx emission water heaters shall be used; · central water heating systems shall be used; · double-paned glass shall be used in all exterior windows; · energy-efficient low-sodium parking lot lights shall be used; and · install energy-efficient and automated air conditioners 43. To achieve the emissions reductions as described above, mitigation programs such as, but not limited to the following, shall be considered by the subdivider: a) Public Works Improvement Projects: Project or projects approved by the City Public Works Department that will result in the reduction of emissions as described above. The improvements for said project must be completed and accepted by the Public Works Department prior to recordation of individual development phases. The project(s) selected shall be one(s) not otherwise funded or constructed with this proposed project. The subdivider is responsible for all costs to determine the emission reductions associated with proposed Public Works project(s). Documentation for public works improvement project(s) demonstrating mitigation compliance shall be submitted to the Planning Director prior to recordation of individual development phases. The types of public works improvement project(s) used for the reduction in emissions may include but are not limited to the following types. . Construction of a new warranted signal. . Modification of an existing signalized intersection to add additional left turn storage or dedicated right turn capability. b) Other Proiects: 'òMt-s> ð- ~ >- .. , iTl - ,.... -) 0 "'IQIr,INAI Exhibit B Conditions of Approval GPAlZC 04-1012 Page 18 of 30 These are non-public works projects selected by the subdivider that shall result in the reduction of emissions as described above. The subdivider is responsible for all costs to determine the emission reductions associated with the proposed project(s). Proof of mitigation compliance shall be submitted to the Planning Director prior to recordation of individual development phases. Proof of compliance may include documentation of the number, type and year of cars crushed; location and type of engine modified, photo documentation and quantification of emission reduction by the San Joaquin Valley Air Pollution Control District or an air quality consultant. The types of project(s) used for the reduction in emissions may include but are not limited to the following types: · Car crushing of older model cars. · Modification to stationary diesel engines, such as those under agricultural use. · Modification of fleet vehicles and/or other mobile sources. c) SJVAPCD Mitiqation Fund: Should the SJVAPCD implement an air quality mitigation program, the subdivider, could elect to participate as set forth below. · The developer may provide emissions off-sets through participation in a voluntary emission reduction program (VERP) through the San Joaquin Valley APCD. The VERP would require the developer to enter into a binding agreement with the SJVAPCD that would require the SJVAPCD to: a) Review the air emission impact assessment protocol and quantification of emission estimates attributable to the project. b) Acceptance of the estimated monetary value of the emission reductions to equal the emissions from the project. c) Locate and implement the emissions reductions. d) Certify that the emission reductions have been made to the lead agency and the developer in the form of a certificate <( 'Qf\líf?, () ~ >- >,'" m - r- ~) (:) "I~¡r;INAI Exhibit B Conditions of Approval GPAlZC 04-1012 Page 19 of 30 · During the life of the project, if the City of Bakersfield adopts an emissions mitigation program that provides equal or more effective mitigation than measures listed in this analysis, the developer may choose to participate in the City's program to mitigate air quality impacts. · The purchase of Banked Emission Reduction Credits (ERCs) would fully off-set the project. ERCs, which have been approved by the SJVAPCD, are retained in the emission inventory for the air basin. Purchase and surrender of ERCs removes them from this inventory, thus fully off-setting the incremental increase to the emissions inventory from this Project. Therefore, the emissions inventory contained in the SIP and used for the AQAP would not increase as a result of this project and the AQAP remains valid. · Should ERCs not be available or deemed as not being cost effective, the developer may provide off-sets through other means acceptable to the City Planning Department and approved by the SJVAPCD. · Fees paid to the SJVAPCD through an approved indirect source emissions fee program may be utilized to provide applicable off-sets for the proposed project. 44. Construction vehicle speed limits shall not exceed 20 mph and shall be posted throughout the site for the duration of construction activities. 45. During construction, all pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of San Joaquin kit fox. If not capped or otherwise covered, the openings shall be inspected twice daily in the morning and evening and prior to burial or closure, to ensure no kit foxes or other wildlife become entrapped or buried in pipes. 46. Excavations shall be provided with escape ramps or otherwise be covered to prevent entrapment, or the site shall otherwise be protected during construction through deployment of a wildlife exclusion fence, which would eliminate the possibility of ranging animals from being harmed during construction. Open excavations shall be checked twice daily, in the morning and evening, to preclude loss of wildlife from entrapment. <òMS?, ð ~ >- - ~ g c/ ORIGINAf' ..' ._~~~-_.~~------~-'-. Exhibit B Conditions of Approval GPAlZC 04-1012 Page 20 of 30 47. Provide open culverts during construction to reduce vehicular mortality at fox crossing roads. 48. At the time the building permits are issued, the applicant must pay developer impact fees, including the MBHCP fee, of $1,240 per gross acre. 49. As required by the MBHCP take avoidance measures for San Joaquin kit fox dens, fOllow all agency guidelines regarding kit fox tracking and excavation to prevent entrapment of animals in potential dens. 50. Prior to construction, a qualified biologist shall conduct preconstruction surveys no less than 14 days and no more than 30 days prior to the onset of ground disturbing activities. The application shall follow the Standardized Recornrnendations for Protection of the San Joaquin Kit For Prior to or During Ground Disturbance, developed by the USFWS (USFWS 1999). The following measures have been taken from the USFWS and shall be implemented for this project to reduce potential biological impacts to the San Joaquin kit fox to a less than significant level. a) Project related vehicles should observe a 20-mph speed limit in all Project areas, except on county/city roads and State and Federal highways. Nighttime construction should be minimized to the greatest extent possible. Off-road traffic outside of designated Project areas should be prohibited. b) All excavated, steep-walled holes or trenches more than 2 feet deep shall be covered at the close of each working day, or provided with one or more escape ramps constructed of earth fill or wooden planks. Before such holes are filled, they should be thoroughly inspected for trapped animals. If at any time a trapped or injured kit fox is discovered, appropriate procedures must be followed. c) All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at a construction site for overnight periods shall be thoroughly inspected for kit foxes before the pipe is buried, capped, used, or moved. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the USFWS has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved once to removed it from the path of construction activity, until the fox has escaped. ~ 'òMé'?, () ~ ~ ñi _ r- 'J () "IRIGINAL Exhibit B Conditions of Approval GPAlZC 04-1012 Page 21 of 30 d) All food-related trash items should be disposed of in closed containers and removed at least once a week from the construction or Project site. e) No firearms shall be allowed on the project site. f) To prevent harassment, mortality of kit foxes or destruction of dens by dogs or cats, no pets should be permitted on the project site during construction. g) A representative shall be appointed by the project proponent who will be the contact source for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a dead, injured, or entrapped individual. The representative's name and telephone number shall be provided to the USFWS. h) In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape, or the USFWS shall be contacted for advice. i) Any contractor, employee(s), or military or agency personnel who inadvertently kills or injures a San Joaquin kit fox shall immediately report the incident to their representative. This representative shall contact the CDFG immediately in the case of dead, injured, or entrapped kit fox. The CDFG contact for immediate assistance in State Dispatch at (916) 445-0045. They will contact the local warden or biologist. j) The Sacramento Fish and Wildlife Office and CDFG will be notified in writing within three working days of the accidental death or injury of a San Joaquin kit fox during project related activities. Notification must include the date, time, and location of the incident or of the findings of a dead or injured animal and any other pertinent information. The USFWS contact is the Chief of the Division of Endangered Species, 2800 Cottage Way, Suite W2605, Sacramento, CA 95825-1846, (916) 414-6620. The CDFG contact is Mr. Ron Schlorff at 1416 9th Street, Sacramento, CA 95814, (916) 654-4262. 51. Conduct preconstruction surveys before disking or ground disturbance to ensure that no burrowing owls are present on-site to ensure avoidance of direct take or accidental entrapment of burrowing owls. If nests are encountered, use agency-approved buffer zones and avoid nests until the young have fledged. Additionally, the following measures, taken from the ~ 'òMê?, o ~ >- - >- m _ r-- .J t::J f)RIGINAL Exhibit B Conditions of Approval GPAlZC 04-1012 Page 22 of 30 Staff Report on Burrowing Owl Mitigation (CDFG 1995) should be followed in order to minimize impacts, preserve habitat, and reduce potential impacts to burrowing owls to a level of less than significant: a) Occupied burrows shall not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist approved by the CDFG verifies through noninvasive methods that either: (1) the birds have not begun egg-laying and incubation; or (2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival. b) If burrowing owls must be moved away from the disturbance area, passive relocation techniques as described in the Staff Report on Burrowing Owl Mitigation should be used rather than trapping. At least one or more weeks will be necessary to accomplish this and allow the owls to acclimate to alternative burrows. 52. If any previously unidentified protected species that is not addressed in the MBHCP is found to be present, avoid the species and have it evaluated by a qualified biologist. Notify the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) of any previously unreported protected species. Any take of protected wildlife shall be reported immediately to the CDFG and USFWS. 53. Lighting shall be shaded or shielded and directed down and away from adjacent agricultural areas to minimize increased predation of species that may be using the adjacent agricultural fields. 54. During construction of the site, all food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting ranging kit fox or other animals to the site where they may be harmed. 55. A qualified archaeological monitor shall be retained to examine earthwork spoils generated during reconstruction of the Stine Canal to ensure that any buried cultural resources are recognized and properly identified. If archaeological resources are discovered the contractor shall stop all work and the archaeological monitor shall evaluate the significance of the finding and appropriate course of action. 56. If archaeological resources are discovered during excavation and grading activities on-site, the contractor shall stop all work and the City shall retain a qualified archaeologist to evaluate the significance of the finding and appropriate course of action. Salvage operation requirements pursuant to '< ~Mê?, o <!:, >- m - ,.... -) ö 'Iq¡r,INAl Exhibit B Conditions of Approval GPAlZC 04-1012 Page 23 of 30 Section 15064.5 of the CEQA Guidelines shall be followed and the treatment of discovered Native American remains shall comply with State codes and regulations of the Native American Heritage Commission. 57. If human remains are discovered as a result of the Project during any earth removal or disturbance activities, all activity shall cease immediately, the Kern County Coroner's Office must be notified immediately under state law, and a qualified archaeologist and Native American monitor shall be contacted. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. Fire Department: 58. Future development projects shall be reviewed by the City of Bakersfield Fire Department. Specific Department requirements for access, fire flow, hydrants, or other fire and life safety requirements shall be addressed at the subsequent property entitlement phase. 59. Residential projects shall meet fire-flow requirements in accordance with relevant City building codes and City fire codes. Schools Mitiqation: 60. Prior to issuance of a building permit for any residence within the Project area, the applicant shall pay fees to the Lakeside School District in the amount of $91.90 per residential unit and $51.69 per parcel of undeveloped property. Additionally, there are developer school impact fees levied at $2.24 per square foot of residential construction and $0.36 per square foot of commercial and industrial development within the boundaries of the District; the current fees the Project Applicant shall pay to the Kern County High School District are 35% of the statutory $2.24 per square foot for single-family detached housing. Parks Department: 61. In accordance with an ordinance of the City of Bakersfield, land must be dedicated for park uses by the developer of new residential subdivision projects at a standard of 2.5 acres per 1,000 persons, or the developer must pay in-lieu fees of $1 ,275 per residential unit. Water Department: ~ 'òA/(ê?> () ~ ;,.. - :: I!! 'J () "1RiGINAl Exhibit B Conditions of Approval GPAlZC 04-1012 Page 24 of 30 62. Prior to filing a final tract or parcel map, the developer/owner shall record a covenant for each lot in the subdivision that prohibits the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. Additionally, the developer/owner shall pay City fees for inspection of installation of water facilities and City Water Availability Fees. Payment of fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of each phase of the Project, based on the percentage of the gross acreage contained in the particular phase to be accepted and recorded, as compared with the total gross acreage within the entire Project. All water main, service connections, and fire hydrants shall be installed by the developer and dedicated to the City. Plans and specifications for such water mains and appurtenances shall be prepared by and/or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. 63. All construction debris and construction-related debris shall be separated into recyclable and non recyclable items to the greatest extent possible. All recyclable debris shall be transported to appropriate recycling facilities so as to reduce waste disposed at County landfills. To the maximum ex1ent possible, recyclable materials and materials consistent with the waste-reducing goals of the City shall be used for all aspects of construction. Public Works Conditions: 64. Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a) Provide fully executed dedications for McCutchen Road, to Arterial standards and McKee Road to Collector standards, for the full frontages of the area within the GPAlZC request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. b) A comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPAlZC area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and «. 'ò{>.Kê~ o ~ >- - ~ J:!' ., <::> "'RIGINAl ----.-..., - '---r-"-~'-'" Exhibit B Conditions of Approval GPAlZC 04-1012 Page 25 of 30 necessary easements dedicated to the City. The City will allow no more than one publicly-maintained sump per 80 acres. Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site. 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. 65. Payment of median fees for the arterial frontage of the property within the GPAlZC request. These fees may be paid prior to recordation of any map or approval of improvement plans. 66. 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. 67. 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 GPAlZC area. 68. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8 feet graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right-of-way. 69. The developer will be responsible for there proportionate share of the cost to the Stine Canal bridge across McCutchen Road, Progress Road and McKee Road. 70. We have reviewed the DEIR prepared by RBF and associated traffic study prepared by Ruettgers & Schuler Civil Engineers for a 498 unit single family development producing approximately 503 PM peak trips and it ~ 'òME?, Q ~ >- m ~ r- .,) b f'\1'\\(;\",M Exhibit B Conditions of Approval GPAlZC 04-1012 Page 26 of 30 appears to be adequate. Based upon the study and DEIR the following mitigation measures would be appropriate. 71. Prior to issuance of building permits, the Project Applicant shall comply with the City Regional Transportation Impact Fee Program (RTIF) in accordance with the standard residential per lot rate. 72. For impacted intersections subject to fair-share improvements (see Tables 5.5-11 and 5.5-13 of the DEIR), the Project Applicant shall pay the pro- rata fair-share as indicated in Table 5.5-16, (Future Intersection Irnprovernents and Local Mitigation). An estimate and fee schedule shall be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Citv Attornev Condition: 73. 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, andlor 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 of Bakersfield 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. 74. In the event that Structure Cast elects to install any sound muffling on or around their concrete batch plant as shown in Exhibit 1 on the plant site, <Q(>.KL:?, ð ~ >- iT ~ l; ,) I')RIGINAl Exhibit B Conditions of Approval GPAlZC 04-1012 Page 27 of 30 Developer shall promptly reimburse Structure Cast for up to $20,000 of the costs incurred therefore. 75. Prior to issuance of any certificate of occupancy for any residence on Site 2 (80 acres as shown on Exhibit 2), Developer shall delineate a 100 foot setback from the western property line of the adjacent industrial property, east of the subject property (as shown in Exhibit 1). Such setback should begin at the southern right-of-way line of McCutchen Road and extend south along the adjacent industrial property's western boundary for approximately 620 feet. Developer, and all future owners of property(ies) where such a setback exists, shall be responsible for maintaining such setback in good condition and repair. 76. Prior to issuance of any certificate of occupancy of any residence within 800 feet of the adjacent industrial property to the east of Site 2), Developer shall construct a 10-foot high sound wall on the eastern edge of Site 2 extending approximately 910 feet from the southern ROW line of McCutchen Road, south along the eastern property line of Site 2 as shown in Exhibit 1 attached. Further, said wall will continue south along eastern property line to the southern edge of the subject property, but may decrease to a height of eight feet. Developer, and all future owners of property(ies) where such wall has been installed, shall be responsible for maintaining such wall in good condition and repair. 77. The first interior row of homes along the eastern boundary of Site 2 for approximately 620 feet south of McCutchen Road shall be restricted at all times to single-story houses as shown on Exhibit 1 attached. 78. Noise levels in residences within the project site shall be further mitigated through the use of noise-reducing components adequate to reduce noise from nearby heavy industrial sites and operations, including but not limited to dual-paned windows and air conditioning. 79. The developer shall include the fOllowing disclosure provision in any grant deed to any grantee of any property within the Project site: Grantee hereunder acknowledges and agrees that the subject property is located in the vicinity of active industrial uses and operations, including the production of concrete, and other construction materials. Grantee also acknowledges that such operations are associated with potentially objectionable elements, including dust, noise, vibration, bright lights, unattractive visual 'Ò(>.í(<S'?, :$ ~ >- - ~ m / ,... , () "RIGINAL Exhibit B Conditions of Approval GPAlZC 04-1012 Page 28 of 30 appearance, hours of operation, and heavy truck traffic on Gosford Road and McCutchen Road and other roads in the area. Grantee hereby covenants to include this same paragraph in any subsequent deed by Grantee of all or any portion of the subject property. 80. Conditions 74-80 above (a) shall be in addition to, and not in lieu of or substitution for, any other condition of approval or mitigation measure; b) shall govern over any conflicting provision of any other condition of approval or mitigation measure; and (c) shall not be amended, modified or waived without at least one duly noticed public hearing by the City Council, and notice of such hearing shall include prior mailed notice to all owners or operators of all adjacent industrial properties. Nothing in Conditions 74-80 above or any other condition of approval or mitigation measure shall be deemed to confer any jurisdiction of the City over any such industrial properties prior to any annexation thereof. 81. Promptly upon annexation of the project site into the City, subject to approval by City and County, to the extent such approval is required, Developer shall cause a three-way stop sign to be installed at the intersection of Gosford Road and McCutchen Road. 82. Upon recordation of the final map containing the 200th residential lot in the Project, Developer shall install a traffic signal at the intersection of Gosford Road and McCutchen Road. Developer acknowledges that Golden Empire Concrete retains the current access points from McCutchen Road and Gosford Road to its facility. 83. The median design along McCutchen Road, in the vicinity of the Gosford Road intersection, shall accommodate existing industrial and future residential and commercial center development according to City standards, in consultation with the owners of the adjacent industrial properties and other adjacent property owners. 84. Prior to issuance of any certificate of occupancy for any residence on Site 2 (80 acres) as shown on Exhibit 2, Developer shall delineate a 100 foot setback from the western property line of the adjacent industrial property, east of the subject property (as shown in Exhibit 1). Such setback should begin at the southern right-of-way line of McCutchen Road and extend south along the adjacent industrial property's western boundary for approximately 620 feet. Developer, and all future owners of property(ies) ~M~?? ð- ~ ~ ñi ~ r-- " e;, 'IQIGINAL Exhibit B Conditions of Approval GPAlZC 04-1012 Page 29 of 30 where such a setback exists, shall be responsible for maintaining such setback in good condition and repair. 85. Prior to issuance of any certificate of occupancy of any residence within 800 feet of the adjacent industrial property to the east of Site 2, Developer shall construct a 10-foot high sound wall on the eastern edge of Site 2 extending approximately 910 feet from the southern ROW line of McCutchen Road, south along the eastern property line of Site 2 as shown in Exhibit 1 attached. Further, said wall will continue south along eastern property line to the southern edge of the subject property, but may decrease to a height of eight feet. Developer, and all future owners of property(ies) where such wall has been installed, shall be responsible for maintaining such wall and/or berm in good condition and repair. 86. The first interior row of homes along the eastern boundary of Site 2 for approximately 620 feet south of McCutchen Road shall be restricted at all times to single-story houses as shown on Exhibit 1 attached. 87. Noise levels in residences within the project site shall be further mitigated through the use of noise-reducing components adequate to reduce noise from nearby heavy industrial sites and operations, including but not limited to dual-paned windows and air conditioning. 88. In the event Golden Empire Concrete elects to install any sound muffling on or around any equipment or facilities on its plant site, Developer shall promptly reimburse Golden Empire Concrete for up to $20,000 of the costs incurred therefore. 89. The developer shall include the fOllowing disclosure provision in any grant deed to any grantee of any property within the Project site: Grantee hereunder acknowledges and agrees that the subject property is located in the vicinity of active industrial uses and operations, including the production of concrete, and other construction materials. Grantee also acknowledges that such operations are associated with potentially objectionable elements, including dust, noise, vibration, bright lights, unattractive visual appearance, hours of operation, and heavy truck traffic on Gosford Road and McCutchen Road and other roads in the area. Grantee hereby covenants to include « 'òI\.Kê-9 () ~ ;,.. - I- ITI _ r-- ,-' () 'lRlr,INAl Exhibit B Conditions of Approval GPAlZC 04-1012 Page 30 of 30 this same paragraph in any subsequent deed by Grantee of all or any portion of the subject property 90. Conditions 81-89 above (a) shall be in addition to, and not in lieu of or substitution for any other condition of approval or mitigation measure; (b) shall govern over any conflicting provision of any other condition of approval or mitigation measure; and (c) shall not be amended, modified or waived without at least one duly noticed public hearing by the City Council, and notice of such hearing shall include prior mailed notice to all owners or operators of all adjacent industrial properties. Nothing in Conditions 81-89 above or any other condition of approval or mitigation measure shall be deemed to confer any jurisdiction of the City over any such industrial properties prior to any annexation thereof. Condition by the Planninq Commission for the Golden Empire Transit District: 91. Specific bus turnouts and shelters shall be located as necessary at appropriate locations to serve residential, commercial, and school sites within the project area in consultation with the Golden Empire Transit District. The bus turnouts and shelters shall be planned by developers in the project area and local transportation coordinating entities to encourage the efficient and practical use of public transit entities servicing the project area. MO:djl S:\GPA 3rd 2005\04-1012 McCutchen 3 EIRlAdmin Staff Reports\Exhib A rev.doc _ 'òAKê'?, J ~ - ¡:¡¡ - T- 1 b ".,Ir,INAI RfSTR CTfO S f ¡; S r (TYPI¿'L 5) TO INGL -S DRY HOMf / McCUTCHEN ROAD / 4 143 142 141 140 139 139 '~ 100' SfTBACK 167 168 169 170 171 172 17~ 60' ROAD RIGHT-Or-WAY _ 10' 8LOCK WALL" 180 179 178 177 176 175 174 .þ (V" " "v<i:' > ,:)" ~ > ,,«' " ~ '" ! 203 204 205 206 207 208 209 0 ~ r BATCH PLANT INSULATION/NOISE ATTENUATION 216 215 214 213 212 211 210 --', 100' SfTBACK / - 10' 8LOCK WALL @\ '" 77 478 478 479 480 481 482 ",0 e;,"~ .;:,'0 74 473 472 471 470 469 46~1 x,'i5 0'1> 467 ~ ~\ -:-= ¡o'8LOCK WA,LL I - 8' 8LOCK WALL ~66 ¡ 460 461 462 463 464 465 ) 439 438 437 436 435 434~ 433 L:\Projecls\2004\04292\ACAO\fXHI81T\04292-NOISf MIT AOJ fX8.dwg 10/18/2005 1:17:40 PM PDT ~ Quad Knopf EXHIBIT 1 ENHANCED NOISE MITIGATION ADJACENT TO STRUCTURE CAST AND GOLDEN EMPIRE . 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N (,j _ ~: ~I c o .- - ns >< (,) C c <C o "I"" "I"" C (,) J: (.) - :s U (.) ::æ ~ ~ St. J' ./1 ''1'11 OQœ(J OOtJiOf 'I <J ~ <J ~ ~ T"" CD ...- en ã. o c: '~~~ o :::J >- a ¡;:: ORiGINAl - ".- EXHIBIT C Statement of Facts and Findings « 'òÞ>K<,?, () ~ ;,.. - I-- m _ r- o 0 ORIGINAL .-----, -'-~-'-'---'-""-'~----r------ EXHIBIT C STATEMENT OF FACTS AND FINDINGS I. INTRODUCTION The following statement of facts and findings have been prepared in accordance with the California Environmental Quality Act (CEQA) and Public Resources Code Section 21081. CEQA Guidelines Section 15091 provides that: "No public agency shall approve or carry out a project for which an environrnental impact report has been certified which identifies one or rnore significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: The following potential significant impacts of the proposed Project have been separated into three categories: (1) Those potential impacts that have been determined to be less than significant, based on review of available information in the Project record, and in consideration of existing standard development review requirements and existing codes and regulations; (2) Those potential impacts that could be mitigated to a level that is considered less than significant with the implementation of the recommended mitigation measures; and (3) Those potential impacts that could not be reduced to a less than significant level with the implementation of the existing policies and standards and the recommended mitigation measures. For potentially significant impacts (categories (2) and (3) above), the City of Bakersfield ("City") has made one of the following three findings for each potentially significant impact and provides facts in support of each finding in accordance with CEQA Guidelines Section 15091: a. Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment. b. Those changes or alterations required in the Project to mitigate or avoid significant environmental effects are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. c. Specific economic, social, or other considerations rnake infeasible the mitigation measures or Project alternatives identified in the final environmental irnpact report. " The Final EIR for the McCutchen Annexation identifies certain significant environmental effects which may occur as a result of the Project. Therefore, findings are set forth herein pursuant to Section 15091 of the CEQA Guidelines. The Summary of Mitigation Measures is based in part on the requirements contained in Section 21081.6 of the Public Resources , 'òMê?, J ~ ;,.. m f- ,... Õ ö ORIGINAL Exhibit C Statement of Facts and ~indings GPAlZC 04-1012 Code. A Mitigation Monitoring Program will be adopted as part of the Resolution. II. PROJECT DESCRIPTION The proposed Project involves actions necessary for a General Plan Amendment (GPA) No. 04-1012, Zone Change, and annexation of approximately 110 acres within the unincorporated Kern County (County) into the corporate limits of the City of Bakersfield (City). The proposed Project is situated within the current Sphere of Influence (SOl) boundary identified in the Metropolitan Bakersfield General Plan (General Plan). The annexation, GPA, and zone change would permit the development of 498 single-family residential units. The Project area is proposed to be developed in several phases, however, unit layout for individual phases are unknown at this time. The future development and future infrastructure improvements including pipelines, wells, and other utility improvements will be subject to separate environmental review pursuant to the requirements of CEQA. Additionally, the Project proposes to reconstruct the Stine Canal as an open canal along the eastern boundary of Site 1, parallel to the railroad right-of-way and along the southern boundary of Site 1 to the existing McCutchen Road/Stine Canal under crossing. Due to the reconstruction of the Stine Canal, an approximate three-acre portion of an adjoining parcel (Assessor's Parcel Number 497-030-018) immediately north of the Site 1, from the point where Stine Canal underflows the railroad tracks at a box culvert, will be included in the realignment. The Stine Canal would be realigned along the eastern boundary of this portion of the adjoining parcel so that it will match the Stine Canal realignment on Site 1. The Project also proposes to abandon the Section 31 Ditch, which ties into the Stine Canal and runs to the west along the northern boundary of Site 1. The portion of the Section 31 Ditch along the frontage of the northern boundary of Site 1 would be backfilled and compacted during the site preparation phase. An amendment to the General Plan's Circulation Element is also proposed as part of the Project. The amendment would result in the elimination of Progress Road within the Project site boundary as a collector roadway and reclassification as a local street. III. FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS The City of Bakersfield, as Lead Agency and decision-maker for the Project, has reviewed and considered the information contained in both the Draft and Final EIRs prepared for the McCutchen Annexation Project and the public record. The Lead Agency makes the following finding pursuant to CEQA and the CEQA Guidelines: 1. The City of Bakersfield, as Lead Agency and decision-makers, having reviewed and considered the information contained in the Draft and Final EIRs prepared for the McCutchen Annexation Project and public records, finds that changes or alterations to the Project will avoid or substantially lessen potentially significant environmental impacts. These changes or alterations are related to the implementation of the mitigation measures detailed in this document. 2. The City of Bakersfield, as Lead Agency and decision-makers, having reviewed À x'ò Kf1' () ~ ;,.. - Page 2 of 70 '0 ¡; ORIGINAL Exhibit C Statement of Facts and Findings GPNZC 04-1012 and considered the information contained in the Draft and Final EIRs prepared for the McCutchen Annexation Project and the public record, finds that there are specific economic, social, or other considerations which make the mitigation measures for Agriculture and Aesthetics, Light, and Glare in the Draft and Final EIR's infeasible. 3. The City of Bakersfield, as Lead Agency and decision-makers, finds that significant and unmitigable impacts on Agriculture and Aesthetics, Light, and Glare may occur with future development in conjunction with implementation of the McCutchen Annexation Project. This finding requires that the Lead Agency issue a "Statement of Overriding Considerations" under Section 15093 and 15126(b) of the State CEQA Guidelines if the Lead Agency wishes to proceed with approval of the Project. IV. FINDINGS WITH RESPECT TO THE ENVIRONMENTAL REVIEW PROCESS The City of Bakersfield, acting as Lead Agency for the environmental review of the Project, makes the following findings with regard to the environmental review process undertaken to analyze the potential environmental impacts of the Project: 1. In accordance with Section 1 0563(a) of the CEQA Guidelines, as amended, the City of Bakersfield undertook the preparation of an Initial Study. The Initial Study d~termined that a number of environmental issue areas may be impacted by the construction and implementation of the Project. As a result, the Initial Study determined that the Draft EIR should address the Project's significant impacts. 2. Pursuant to the provisions of Section 15082 of the State CEQA Guidelines, as amended, the City of Bakersfield, as Lead Agency, circulated a Notice of Preparation (NOP) to public agencies, special districts, and members of the public requesting such notice for a 30-day period commencing on March 21, 2005 and concluding on April 19, 2005. 3. During the circulation period for the Notice of Preparation, the City of Bakersfield, as Lead Agency, advertised and conducted a public scoping meeting on April 7, 2005 at the City of Bakersfield Development Services Building in the City of Bakersfield. 4. A Draft EIR was prepared which analyzed project-related impacts related to the following environmental issue areas: agriculture, public health and safety, aesthetics/light and glare, traffic and circulation, noise, air quality, biological resources, cultural resources, and public services and utilities. Growth-inducing impacts, project alternatives and cumulative effects were also analyzed in the Draft EIR. 5. During the Draft EIR's public review period, which began on June 13, 2005 and concluded on July 27, 2005, the City of Bakersfield held a noticed public hearing on July 21, 2005 regarding the Draft EIR. The public was afforded the opportunity to orally comment on the Draft EIR at the public hearing, and the « 'òMf?, () ~ ;,.. - Page30f70 S G ORIG!NAL Exhibit C Statement of Facts and Findings GPAlZC 04-1012 testimony was considered by the decision-makers. Upon the close of the public review period, the Lead Agency proceeded to evaluate and prepare responses to all written comments received from both citizens and the public agency during the public review period. 6. The aforementioned comments and responses and other information consistent with the requirements of Section 15132 of the State CEQA Guidelines, as amended, comprise the Final EIR. Following completion of the Responses to Comments document, the Lead Agency's responses to the comments received from the public agencies were transmitted to those public agencies for consideration at least 10 days prior to the Final EIR's certification. V. FINDINGS REGARDING IMPACTS DETERMINED TO BE INSIGNIFICANT IN THE INITIAL STUDY/NOTlCE OF PREPARATION The City of Bakersfield conducted an Initial Study in March 2005, to determine significant effects of the Project. In the course of this evaluation, certain impacts of the Project were found to be less than significant due to the inability of a project of this scope to create such impacts or the absence of project characteristics producing effects of this type. The effects determined not to be significant are not included in primary analysis sections of the Draft EIR. AESTHETICS. Would the proposal: Have a substantial adverse effect on a scenic vista? As with all of Metropolitan Bakersfield, the proposed Project site is relatively level with no significant topographic relief or features. The area to the north and southeast of the proposed Project is developed with no visual access to scenic areas. Furthermore, industrial uses exist to the northwest and southeast. The site is not designated as a scenic vista or located along a designated scenic highway, as defined by the Metropolitan Bakersfield Genera/ Plan. Therefore, Project implementation would not have a substantial adverse effect on a scenic vista. Substantially damage scenic resources, including, but not lirnited to, trees, rock outcroppings, and historic buildings within a state scenic highway? The proposed Project site is occupied by agricultural fields. No scenic resources, including trees, rock outcroppings, and historic buildings are located on or near the proposed Project. Therefore, impacts in this regard would be less than significant. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Light and glare are currently generated from vehicular uses along McCutchen Road. The proposed Project would include typical street lighting, construction lighting (if necessary), and light/glare from motor vehicles would be increased within the Project area. Compliance with City of Bakersfield standard design practices would minimize light and glare impacts. Page 4 of 70 « '¢M~?, () ~ ;,.. - I-- m _ r- o 0 ORIGINAL Exhibit C Statement of Facts and Findings GPAlZC 04-1012 AIR QUALITY. Would the project: Create objectionable odors affecting a substantial number of people? Less Than Significant Irnpact. Construction activities associated with the Project may generate detectable odors from heavy-duty equipment exhaust. Odors associated with diesel and gasoline fumes are transitory in nature and would not create objectionable odors affecting a substantial number of people. The impacts from these odors would be short-term, would cease upon Project completion, and are not anticipated to be significant. BIOLOGICAL RESOURCES. Would the project: Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other rneans? No federally protected wetlands occur on-site. Therefore, impacts are less than significant. The EIR will discuss necessary resource agency consultation requirements, if necessary, and identify mitigation for both permanent and temporary impacts to the Stine Canal. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No locally designated natural communities as referenced in the Metropolitan Bakersfield General Plan's Conservation Element have been identified for the Project site. Impacts are anticipated to be less than significant. CULTURAL RESOURCES. Would the project: Disturb any hurnan remains, including those interred outside of formal cerneteries? There are no known formal cemeteries in the Project vicinity. A cultural resources assessment will be prepared to determine if any are interred outside of formal cemeteries. Further analysis is required. GEOLOGY AND SOILS. Would the project: Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fau/t Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. A number of active faults are located within the vicinity of the proposed Project. The San Andreas, Pond-Poso, White Wolf, Garlock, Sierra Nevada, and Brekenridge-Kern Canyon faults are all located within approximate 60-miles of the Project site. «9,¡Mç'?, () ~ ;,.. - Page 5 of 70 '::: J:!! o () ORIGINAL Exhibit C Statement of Facts and Findings GPAlZC 04-1012 According to the Metropolitan Bakersfield General Plan as well as the Alquist-Priolo Fault-Rupture Hazard Zones in California Map the majority of the Earthquake Fault Zones have been designated in the north and east portion of Metropolitan Bakersfield. The Project site is not located within a hazard zone. Therefore, impacts are anticipated to be less than significant. Strong seismic ground shaking? It is reasonable to assume that future development would be subject to the effects of at least one moderate to large earthquake during its design life. During such an earthquake, the danger from fault offset through the site is remote, but strong ground shaking would likely occur. Thus, the future development has the potential to be subject to seismic ground shaking effects. Adherence to standard engineering practices and design criteria relative to seismic and geologic hazards as contained in the latest Uniform Building Code (UBC) would reduce any potential impacts to less than significant levels. Seismic-related ground failure, including liquefaction? Liquefaction is a transformation of a granular material from a solid state into a liquefied state. Liquefaction is caused by a sudden temporary increase in pore water pressure due to seismic densification or other displacement of submerged granular soils. Liquefaction more often occurs in areas underlain by young alluvium where the groundwater table is higher than 50 feet below the ground surface. According to the Metropolitan Bakersfield General Plan, areas of high ground water are present within the southeast portion of Metropolitan Bakersfield, specifically within the Lamont quadrangle. Areas of high groundwater are rare elsewhere in Metropolitan Bakersfield because the water table has been in a condition of subsidence due to the extraction of water for irrigation since the late 1880's. Therefore, impacts are anticipated to be less than significant levels. Landslides? Slopes subject to failure within the Bakersfield area are predominantly found along the river terraces, bluffs, and foothills to the northeast and east of the City. Additionally, the Project area consists of a relatively flat topography and surrounding areas are flat with no unusual geographic features. Impacts associated with landslides or mudslides are not anticipated. Be located on a geologic unit or soil that is unstable, or that would becorne unstable as a result of the project, and potentially result in an on-site or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Refer to responses above. Be located on expansive soil, as defined in Table 18-1-B of the Uniforrn Building Code (1994), creating substantial risks to life or property? Page 6 of 70 « 'òAKt?, () ~ ;,.. - f- m _ r- o 0 ORIGINAL Exhibit C Statement of Facts and Findings GPA!ZC 04-1012 According to the Metropolitan Bakersfield General Plan EIR the Metropolitan Bakersfield area is not known to be comprised of soils with a high potential for soil expansion. Compliance with the policies of the General Plan, City and County Development Codes, and the UBC would reduce potential impacts to less than significant levels. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? It is anticipated that future on-site development would install on-site sewer lines. It will not be necessary to install septic tanks or other alternative types of wastewater disposal systems. No significant impacts are anticipated in this regard. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Be located on a site which is included on a list of hazardous rnaterials sites cornpiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The proposed Project is not anticipated to result in the creation of health hazards with compliance with pertinent health and safety regulations. Emit hazardous erníssions or handle hazardous or acutely hazardous rnaterials, substances, or waste within one-quarter mile of an existing or proposed school? No existing or proposed schools are located within one-quarter mile of the proposed Project site. Less than significant impacts are anticipated. For a project located within an airport land use plan or, where such a plan has not been adopted, within two rniles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The proposed Project site is not located within two miles of a public airport or public use airport. Therefore, a safety hazard is not expected as a result of the proposed Project. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Refer to response above. Impair implernentation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The proposed Project development would ultimately result in the construction of 498 dwelling units. A Traffic Management Plan (TMP) would be implemented to ensure than construction does not interfere with any emergency response or evacuation plans. The TMP and, if necessary, other traffic control measures, will be described Ï€Míò: « ?'ó' () "" ;,.. - f- m ~p7clm ~ G ORIGiNAL . -"- -_._--_.__...._~~_._-" _........--- - -_._.__....~..,,'----,-- Exhibit C Statement of Facts and Findings GPNZC04-1012 the EIR. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed Project site is located in an agricultural setting with less than significant potential for wildland fires. Much of the existing vegetation would be removed with implementation of the proposed Project; thus, reducing potential impacts in this regard. HYDROLOGY AND WATER QUALITY. Would the project: Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? The anticipated development of the Project site would add impervious surfaces to the site and increase the amount of storm water exiting the site. The development would include the construction of on-site sumps to reduce peak flows and the expansion of all storm drain facilities that would be required to serve the site. Less than significant impacts on drainage facilities are expected to occur. Create or contribute runoff water which would exceed the capacity of existing or planned storrnwater drainage systems or provide substantial additional sources of polluted runoff? Future construction on-site may result in minor changes in the amount of runoff due to the impermeable surface area of the Project. Surface runoff velocities, volumes and peak flow rates would have an increase as well. The anticipated development would not have the capacity to create or contribute runoff water which would exceed the capacity of planned stormwater drainage systems. Less than significant impacts are anticipated in this regard. Otherwise substantially degrade water quality? Implementation of the proposed Project could result in short-term and long-term impacts to surface water quality. Discharge from the proposed Project through stormwater facilities would consist of non-point sources. Short-term surface water quality impacts may occur from water erosion of soils during construction. Typical long-term impacts on surface water quality usually results from urban water quality pollutants, such as motor vehicle operations, oil and grease residues, and careless material storage and handling. The majority of pOllutant loads are usually washed away during the first flush of the storm occurring after the dry-season period. Stormwater quality is generally affected by the length of time since the last rainfall, intensity of rainfall, urban uses of the area, and the quantity of transported sediment. However, surface water quality is not expected to be significantly affected because the proposed Project would be required to implement best management practices (BMPs) to comply with the National Pollutant Discharge Elimination System (NPDES) stormwater quality requirements. Less than significant impacts are anticipated in this « 'ò~l(fl' () ~ ;,.. - f- m _ r- o () ORIG!NAI Page 8 of 70 Exhibit C Statement of Facts and Findings GPAlZC 04-1012 regard. Place housing within a 1 DO-year flood hazard area as rnapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Flooding within Metropolitan Bakersfield originates from the Kern River watershed, which lies in Kern and Tulare Counties and from the Caliente Creek stream group, which occurs in the south of Bakersfield in the Lamont/Arvin area. The Project site is not located near the Kern River watershed nor is it in the Lamont/Arvin area. Additionally, according to the Geologic Hazards map included within the Metropolitan Bakersfield General Plan, the Project site is not located within a 100-year floodplain. Therefore, no impact is anticipated in this regard. Place within a 1 DO-year flood hazard area structures which would impede or redirect flood flows? Refer to response above. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or darn? Isabella Dam, which is located approximately 40 miles northeast of Bakersfield, has a capacity to hold 570,000 acre-feet of water. If an earthquake were to occur in the vicinity, it could result in a break in the dam. This could, under certain conditions, cause the entire lake storage to be released, which would result in flooding SO square miles of the Metropolitan Bakersfield area. As a result of the possible dangers associated with Isabella Dam, the City of Bakersfield entered the Regular Phase of the National Flood Insurance Program (NFIP) as administered by the Federal Emergency Management Agency (FEMA) on May 1, 1985. Compliance with the NFIP and FEMA would result in less than significant impacts. Inundation by seiche, tsunami, or mudflow? There are no large bodies of open water located on or adjacent to the proposed Project site which may result in seiche or tsunami hazards. Hazards involving tsunamis, seiche, or mudflows are not expected to affect the development. LAND USE AND PLANNING. Would the project: Physically divide an established community? The proposed Project would not divide the physical arrangement of a community. The surrounding vicinity consists mostly of vacant land or agricultural land. The nearest community is residential development located to the northeast of the Project site. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, « 'ò"/if?, () ~ Page 9 of 70 ;:: m - ,.... o () nPIr.I~IAI Exhibit C Statement of Facts and Findings GPAlZC 04-1012 local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environrnental effect? The proposed Project would result in an amendment to the Land Use and Circulation element and a change in zoning in order to insure consistency with the proposed GPA. The purpose of the changes is to permit future development of residential uses on-site. The amendment to the Circulation Element would eliminate Progress Road between Panama Lane and McCutchen Road as a collector roadway and redesignate it as a local street. The EIR will address the required discretionary actions, approvals and amendments to City policy criteria to determine the level of significance of impacts and required mitigation, asdetermined necessary. MINERAL RESOURCES. Would the project: Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? As indicated in the Metropolitan Bflkersfield General Plan, the Project site is not located within a Mineral Resource area, nor is it located within an area designated as Mineral Petroleum (R-MP). Additionally, the surface owners do not own mineral rights on the Project site. No impacts are anticipated in this regard. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Refer to Response above. NOISE. Would the project result in: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The proposed Project site is not located within an airport land use plan or within two miles of a public airport or public use airport. Therefore, Project implementation would not expose people residing or working in the Project area to excessive noise levels. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The proposed Project site is not located within the vicinity of a private airstrip. Therefore Project implementation would not expose people residing or working in the Project area to excessive noise levels. POPULATION AND HOUSING. Would the project: Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Page 1 0 of 70 '< 'òMl:',ç> () <!.;, :>- - r- m - ,.... o () ORIGINAl .-.-.-.-.---- ----..-----~...-..---. l'" Exhibit C Statement of Facts and Findings GPAlZC 04-1012 The proposed Project would not involve the displacement of housing. Currently, the site is used for agriculture. The proposed Project would result in future development of housing and residential units. No impacts in this regard would occur. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Refer to response above. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to rnaintain acceptable service ratios, response times or other performance objectives for any of the public services: Other public facilities? Due to the size and scope of the proposed Project, implementation would not significantly affect other governmental agencies. Less than significant impacts are anticipated in this regard. RECREATION Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? There are no existing or planned recreational facilities located within a Y:i mile radius of the Project site. The closest park facility is the Wilderness Park and Silver Creek Park, located approximately 0.75 miles to the northeast of the Project site within the Silver Creek residential development. The proposed Project will be developed in accordance with the City, County, and State regulations regarding parks. The EIR will further address impacts to parks. Does the project include recreational facilities or require the construction or expansion of recreational facilities which rnight have an adverse physical effect on the environrnent? Refer to response above. TRANSPORTATIONITRAFFIC. Would the project: Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The proposed Project would not affect air traffic patterns and would not result in safetv.". « ~""€'?' C) ~ ;,.. - I-- m Page 11 of 70 õ r; ()RIGINAI Exhibit C Statement of Facts and Findings GPNZC 04-1012 risks to air traffic. Result in inadequate ernergency access? The Project would be subject to design review by the fire and police departments to assure that adequate emergency access is provided. The City's standard review procedures prior to issuance of grading permits would reduce impacts to a less than significant level. Result in inadequate parking capacity? Proposed development must meet City parking standards. No significant parking impacts specific to this Project have been identified. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The proposed Project would not conflict with adopted policies, plans, or programs supporting alternative transportation. UTILITIES AND SERVICE SYSTEMS. Would the project: Be served by a landfill with sufficient perrnitted capacity to accornrnodate the project's solid waste disposal needs? Existing solid waste collection services for residential uses are provided within the City of Bakersfield by the City Sanitation Division. All solid waste generated in the City is disposed of in County operated landfills. Future development anticipated in the Project site is not expected to significantly affect existing facilities. Comply with federal, state, and local statutes and regulations related to solid waste? Refer to response above. VI. FINDINGS REGARDING EFFECTS DETERMINED TO BE INSIGNIFICANT OR LESS THAN SIGNIFICANT The City of Bakersfield finds that based on substantial evidence appearing in the Final EIR, Technical Appendices and in the administrative record, that the proposed Project would have insignificant or less than significant impacts in the following areas. LAND USE AND RELEVANT PLANNING Land Use Compatibility On-site 5.1-1 Implementation of the proposed Project would result in the phased elirnination of agricultural operations as planned land uses are developed, thus resulting in potential land use conflicts between urban uses and ongoing agricultura/<òMf J 1'ó' ;,.. "" ':: J5 Page 12 of 70 0 () ORIGINAl Exhibit C Statement of Facts and Findings GPNZC 04-1012 activities. As discussed in Section 5.2, AGRICUL TURE, compliance with local, State and Federal policies and standards would reduce impacts to less than significant /evels. Facts SUDDortina Findina The phasing of the Project construction allows agricultural activities to continue on-site. In order for agricultural operations to continue while phases of the Project site are gradually developed, adequate buffers and setbacks need to be established. Pursuant to Section 17.08.150 (A) of the Bakersfield Municipal Code, residential structures shall be set back a minimum of 50 feet from all agricultural zones. As described in Section 5.2, AGRICULTURE, adherence to the Bakersfield Municipal Code would reduce compatibility impacts to less than significant levels with the development of physical buffer zones. Relevant Planning Policies Consistencv with General Plan Policies 5.1-3 The proposed Project would require an amendrnent to the Metropolitan Bakersfield General Plan and a concurrent change to the City of Bakersfield Municipal Code zoning designation. This would result in a change of approxirnately 110 acres into residential uses. The Project has been reviewed for consistency with goals and policies as set forth in the Metropolitan Bakersfield General Plan. Analysis has concluded that impacts are less than significant and no mitigation is required. Facts SUDoortina Findina Overall, Project implementation would not conflict with the land use plan, goals, and strategies of the Metropolitan Bakersfield General Plan. Page 11-2 of the Metropolitan Bakersfield General Plan states that new development on the periphery of urban Bakersfield is to be focused in five new mixed-use activity centers located in the southwest, no:1hwest, and northeast. It is expected that the southwestern center would include a mix of professional office and retail uses with moderate-density residential, and would filter outwards to lower suburban-type densities. The Metropolitan Bakersfield General Plan identifies a new mixed-use center northwest and southwest of the Project site. The Metropolitan Bakersfield General Plan states that actual land use designations for the southwestern center and the areas around it are to be determined through a more detailed land use and environmental analysis. An in-depth analysis of the southwest center is warranted because of its growth potential and its related impacts, including impacts on prime agricultural lands. This Program EIR meets the intent of this Metropolitan Bakersfield General Plan recommendation for the southwestern area. The analysis contained in Appendix 15.9 concludes that there are no significant consistency impacts of the proposed Project associated with the Metropolitan Bakersfield General Plan goals and policies. It should be noted that the Project's consistency with the SJVAPCD AQAP is addressed in Section 5.7, AIR QUALITY, and '< 'òf1,k~~ () ó' ;,.. '" Page 1 3 of 70 '::: J!! o () f'\R!r.INAI Exhibit C Statement of Facts and Findings GPAlZC 04-1012 farmland conversion impacts are addressed in Section 5.2, AGRICULTURE. Consistencv with LAFCo Policies 5.1-4 Implementation of the proposed Project would require annexation of the total Project site into the City of Bakersfield (110 acres), thus requiring a project consistency analysis regarding policies enforced by the Kern County Local Agency Formation Commission. This is considered a less than significant impact because the proposed Project would be considered consistent with applicable Kern County LAFCo policies and guidelines. Facts SUODortina Findina The entire 110-acre site lies within the existing City of Bakersfield SOl boundary, as depicted in the Metropolitan Bakersfield General Plan. The proposed Project includes the expansion of the City's corporate limits to include the proposed Project site and adjoining roadway segments (McCutchen Road and Progress Road). In that the proposed Project seeks to annex the site from the County of Kern and modify the Metropolitan Bakersfield General Plan through an amendment to the Metropolitan Bakersfield General Plan land use designation, Circulation Element, and Municipal zoning designation, particular focus is given to the goals and policies of the Kern County LAFCo (refer to Appendix 15.9, GOALS AND POLICY ANALYSIS). The analysis contained in Appendix 15.9 concludes that there are no significant consistency impacts of the proposed Project associated with relevant Kern County LAFCo goals and policies. No additional mitigation would be required. Pursuant to Section 1.2 of the Kern County LAFCo Procedures, Standards, and Policies for the Evaluation of Proposals, the City shall submit a plan for providing services within the annexation area and demonstrate that services can be provided within a timely and financially feasible manner. The effects of the proposed Project upon the City of Bakersfield public services are described in Section 5.10, PUBLIC SERVICES AND UTILITIES. Consistency with the Circulation Element 5.1-5 Implernentation of the proposed Project would include an arnendment to the City's Circulation Element to reclassify Progress Road along the eastern boundary of Site 1 and the western boundary of Site 2 as a local street. This is considered a less than significant impact because the proposed Project includes measures to ensure that the roadway achieves the City's Circulation Elernent goals and policies for an arterial roadway. Facts Suooortina Findina The elimination of Progress Road as a collector roadway and its reclassification to a local street would not necessarily mean its entire elimination of use as a full two-lane roadway in the future. The Circulation Element does not designate local streets and reserve their rights-of-way for future expansion. The Project applicant is entirely willing Page 14 of 70 - Exhibit C Statement of Facts and Findings GPA!ZC 04-1012 to accept as a condition of approval to provide the full two-lane roadway ROW required for a local street in order to provide for adequate circulation in the future. This would serve to mitigate future traffic impacts along Progress Road for existing and future users. The City would be responsible for all improvements, maintenance, and service to this street. All City goals and policies would be achieved with Project implementation. No additional mitigation measures would be required (refer to Section 5.5, TRAFFIC AND CIRCULATION). Consistency with Regional Plans 5.1-6 Implernentation of the proposed Project will be consistent with area-wide environmental plans. Analysis has concluded that less than significant irnpacts would occur in this regard. Facts Suooortina Findina The proposed Project was reviewed and determined to be consistent with the following regional plans: Metropolitan Bakersfield Habitat Conservation Plan, Air Quality Attainment Plan, Bikeways Plan, Emergency Response Plan, Regional Transportation Plan, County of Kern Solid Waste Management Plan, and the County of Kern Hazardous Waste Managernent Plan. Air Quality Attainment Plan The proposed Project, at 498 dwelling units and perhaps 2,140 residents, represents only a small fraction (1.1 percent) of the forecast growth for the Bakersfield metropolitan area as a whole. Thus the proposed Project can be viewed as a continued growth element anticipated by the AQAP (refer to Section 5.7, AIR QUALITY, for further discussion). Bikeways Plan The proposed Project would not affect the City's Bikeways Plan. Bike lanes would be implemented as appropriate along roadways when full improvements are completed. Regional Transportation Plan The Project would involve the implementation of roadway improvements, such as the installation of traffic signals and the widening of roadway segments and/or intersections on a fair-share basis. These improvements are not inconsistent with the policies or planned Projects of the RTP (refer to Section 5.5, TRAFFIC AND CIRCULATION, for further information. Solid Waste Managernent Plan Solid waste disposal shall be in accordance with the County's Solid Waste Management Plan. Refer to Section 5.10, PUBLIC SERVICES AND UTILITIES. Metropolitan Habitat. Conversation Plan Page 15 of 70 ~ ,- « '?JAk:l." () ~ ;,.. - I-- m - t- o 0 ()Þ!r.!NAI Exhibit C Statement of Facts and Findings GPAlZC 04-1012 The Project site is located within the permitted area of the MBHCP. The development of the site would require the payment of mitigation fees for the preservation of natural habitat areas in the area (refer to Section 5.8, BIOLOGICAL RESOURCES). Hazardous Waste Managernent Plan The Project site is not located in an area that has been designated as a candidate site or facility for hazardous materials disposal, and thus is not subject to the policies in the Hazardous Waste Management Plan (refer to Section 5.3, PUBLIC HEALTH AND SAFETY). Cumulative Impacts 5.1-7 The proposed Project, cornbined with other future developrnent, rnay increase the intensity of land uses in the area. Analysis has concluded that impacts are anticipated to be less than significant and no rnitigation is required. Projects will be evaluated in accordance with the Metropolitan Bakersfield General Plan and on a project-by-project basis. Facts Suooortina Findina The anticipated Project impacts in conjunction with cumulative development in the site vicinity would increase urbanization and result in the loss of open space and agricultural lands in the local vicinity (refer to Section 5.2, AGRICULTURE, for a discussion on cumulative agricultural loss). Potential land use impacts are site-specific, and require evaluation on a case-by-case basis. This is true with regard to land use compatibility impacts, which are generally a function of the relationship between the interactive effects of a specific development site and those of its immediate environment. As development within the southwestern planning area is anticipated to occur in accordance with the Metropolitan Bakersfield General Plan and attendant zoning classifications, potential cumulative effects upon land use and planning are not anticipated to be significant. AGRICULTURE Conversion of Land Under Williamson Act Contract 5.2-2 Implementation of the proposed Project will require the cancellation of existing Williarnson Act. Less than significant impact. Facts Suooortina Findina The Project site is not currently under a Williamson Act Contract. The land was previously under a Land Use Contract, which was entered into between the County of Kern and Destefani Farms on December 2, 1970 and was recorded on February 26, 1971. In 1991, the property owner, in accordance with Government Code Section 51245, served a written notice of nonrenewal of the Land Use Contract on October 10, 1991. In accordance with Government Code Section 51246(a), the Land Use Contract ceased renewal and remained in effect for ten years from the last renewal. Therefor~ 'òAK<S'?, o ú' >- :':: .... '" - "- Page 16 of 70 v ORIGINAE' Exhibit C Statement of Facts and Findings GPNZC04-1012 the terms of the Land Use Contract expired on February 28, 2001 and the covenants and restrictions of the Contract ceased to be in effect. The Notice of Expiration of Land Use Contract took effect on April 9, 2001. Since the Project site is no longer under a Williamson Act Contract, less than significant impacts will occur. PUBLIC HEALTH AND SAFETY Short Term Construction 5.3-2 Project construction activities do not have the potential to create a significant hazard to the public through foreseeable upset and accidental conditions. Less than significant impact. Facts Suooortina Findina Project construction activities are not anticipated to result in a significant release of hazardous materials into the environment. However, during Project construction, there is a possibility of accidental release of hazardous substances, such as spilling petroleum-based fuels used for construction equipment. The level of risk associated with the accidental release of hazardous substances is not considered significant because of the small volume and low concentration of hazardous materials utilized during construction. The Project contractor would be required to use standard construction controls and safety procedures that would avoid and minimize the potential for accidental release of such substances into the environment. Standard construction practices would be observed such that any materials released would be appropriately contained and remediated as required by local, State, and Federal law. Agricultural Use of Property/Adjacent Properties 5.3-4 Agricultural uses within the development area could create human health effects, particularly during pesticide application operations. Compliance with local and State requirements would reduce irnpacts to a less than significant level. Facts Suoportina Findina The potential impact of the continued use of agricultural chemicals within the Project vicinity would be reduced to less than significant levels with implementation of the following standards: (1) agricultural chemicals would be used and stored in accordance with all applicable Federal, State and local regulations and guidelines; and (2) buffers and barriers between agricultural and urban uses would be used to provide a separation during pesticide application operations. These buffers and barriers can be open space, roadways, utility corridors, canals, easements, six-foot-high masonry walls, fences, or landscape setbacks. Pursuant to Section 17.08.150(a) of the Bakersfield Municipal Code, residential structures are required to be set back a minimum of 50 feet from all agricultural zones. For additional discussion regarding the conflicts associated with proposed uses and ongoing agricultural operations, refer to Section 5.2, AGRICULTURE. Page 1 7 of 70 « ~¡I.K~?, () ~ ,.. _ m - ,.... ) () "RIr.INAI Exhibit C Statement of Facts and Findings GPAlZC 04-1012 Long-Term Maintenance and Operation 5.3-7 Project irnplementation would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Less than significant impact. Facts Suooortina Findina Delivery trucks often haul "household" chemicals commonly found in grocery stores and/or commercial uses. Although McCutchen Road and Progress Road are not specifically identified as truck routes within the Circulation Element of the Metropolitan Bakersfield General Plan, the potential exists for the incidental transport of materials and chemicals along McCutchen Road and Progress Road that meet the definition of "hazardous." While the risk of exposure to hazardous materials cannot be fully eliminated, measures can be implemented to maintain risks to acceptable levels. As described above, there are several Federal, State, and local regulatory agencies that oversee hazardous materials transportation. Oversight by the appropriate agencies and compliance with applicable regulations are considered adequate to offset the negative effects related to the incidental transport of hazardous materials within the Project area. Long-Term Maintenance and Operation 5.3-8 Project implementation would not create a significant hazard to the public or the environment through the long-terrn use of hazardous substances for the purpose of long-term maintenance. Compliance with State and applicable /ocal regulations would reduce potential impacts to less than significant levels. Facts SuooortinQ FindinQ Because of the scope and nature of the proposed Project, the level of risk associated with long-term use of hazardous materials on the Project site is considered a less than significant impact. On-site use of hazardous materials may include cleaning solvents, fertilizers, pesticides, and other materials used in the regular maintenance of residential and commercial structures. With proper use and disposal, these chemicals are not expected to result in hazardous or unhealthful conditions for nearby residents or maintenance workers. A less than significant impact would occur in this regard after compliance with State and applicable local regulations. Cumulative Impacts 5.3-14 The proposed Project, in combination with other cumulative projects, could increase exposure of the public to hazardous substances. Cornpliance with Federal, State, and local requirements on a project-by-project basis would reduce cumulative impacts to a less than significant level. Facts Suooortina Finding Page 18 of 70 ~ 'òMf?, () ~ >- ~ f- rn _ r- o 0 ORIGINAL '-- .-...., --"-'^"-""~'-'--""'--'---'---'---_. Exhibit C Statement of Facts and Findings GPNZC04-1012 Compliance with Federal, State, and local regulations would ensure that contamination or exposure to hazardous substances is avoided or controlled to minimize the risk to the public on a case-by-case basis, as the cumulative projects are constructed. NOISE Off-Site Mobile Source Impacts 5.6-2 Project irnplementation would generate additional vehicular travel on the surrounding roadway network, thereby resulting in perrnanent noise level increases. Analysis has concluded that long-term noise irnpacts would be less than significant for the analyzed adjacent roadway segrnents in the Year 2025 traffic scenario. Analysis has concluded that long-term vehicular- related noise would not exceed the City's threshold of significance and would result in a less than significant impact. Facts Supoortina Findina Future development within the area would result in additional traffic on adjacent roadways, thereby increasing vehicular noise in the vicinity of existing and proposed land uses. An increase of three dBA or greater in noise levels occurring from Project- related activities would be significant when the "No Project" noise level is between 60 to 65 dBA CNEL. Finally, an increase of 1.5 dBA or greater would be significant if the "No Project" noise level is above 65 dBA CNEL. Short Term Conditions The overall "With Project" noise levels would remain below the 65 dBA CNEL\Ldn exterior noise standards set forth by the City. Thus, as the change in ambient noise levels would not affect the Project site and would remain below the City's noise limit, a less than significant impact would result. . Long- Term Conditions Project-related traffic would not result in a significant change in ambient noise levels along McCutchen Road under Year 2025 conditions. Impacts associated with mobile sources are anticipated to result in less than significant impacts. Cumulative Impacts 5.5-5 Implernentation of the Project, combined with cumulative projects, would increase the ambient noise levels in the site vicinity. Analysis has concluded that cumulative traffic noise impacts are less than significant. Facts Suooortina Findina Noise by definition is a localized phenomenon, and drastically reduces as distance from the source increases. Consequently, only projects and growth due to occur in the general area of the Project site would contribute to cumulative noise impacts. TÇI~.~f, <Š ?'ó' ;,.. ~ I-- m - ,.... Page 19 of 70 0 0 ORIGINAl .....-...----,,---- Exhibit C Statement of Facts and Findings GPNZC04-1012 5.6-11 lists the cumulative traffic noise levels along roadway segments in the Project vicinity under Year 2025 conditions. Based on the significance criteria in Table 5.6-3, Project-related traffic would not result in a significant change in ambient noise levels along McCutchen Road under Year 2025 conditions. Thus, it is concluded that cumulative mobile source noise impacts along these roadway segments are less than significant. Long-term (stationary) noise would be subject to requirements of the Bakersfield Municipal Code. Therefore, individual projects would be required to comply with the City's noise level standard of 65 dBA for residential uses and include mitigation measures if this standard is exceeded. As such, it is not anticipated that a significant cumulative increase in permanent ambient noise levels would occur and the impact would be less than significant. Consequently, the Project contribution to cumulative stationary noise impacts is not considered cumulatively considerable. AIR QUALITY Odors 5.7-2 Future deve/oprnent on-site would not be exposed to significant odor ernissions from adjacent sources. Analysis has concluded that impacts would be less than significant. Facts SUDoortina Findina The proposed Projec\ involves the annexation of approximately 11 O-acres that would allow for future residential uses, which are generally not considered odor generators. Odor is strongest at its source and dissipates with increasing distance. The offensiveness and degree of odor is ultimately dependent on the sensitivity of the receptors exposed to the odor. According to the SJVAPCD's Guide for Assessing and Mitigating Air Quality Impacts, facilities located one mile or less from a sensitive receptor may create a significant odor impact. The SJVAPCD's guidance indicates that a detailed analysis would include evaluating whether complaints have been filed with the SJVAPCD for similar existing operations. Temperature, wind, dust conditions, topography, and the presence of physical obstructions affect the degree of odor impacts on nearby sensitive receptors. The maximum summer temperature in the southern San Joaquin Valley is above 90°F. Additionally, odor compounds travel further in warm climates than in relatively cooler climates. During windy conditions, odor compounds are diluted with fresh air and, consequently, disperse more quickly and are less noticeable at a distance. Three existing industrial facilities are located within a mile of the proposed Project location may potentially be sources of odors. They include the Golden Empire Ready Mix Plant, the Structure Cast Concrete Batch Plant and the Wastewater Treatment Plant NO.3. A detailed odor analysis for the proposed Gosford-Panama Project annexation demonstrated that odor exposure to the treatment plant emission is less than two percent of the significance threshold. The proposed Project is even farther away and would therefore result in a less than significant impact. Page 20 of 70 o.^" X V"'\~?, () ó' ;,.. "" I- m - ,.... o () ORIr.I~IAI Exhibit C Statement of Facts and Findings GPAlZC 04-1012 Visibility Impacts 5.7-4 Visibilíty impacts would not occur as a result of Project implementation. Analysis has concluded that impacts would be less than significant. Facts Suooortina Findina Per EPA guidance, a visibility screening analysis is a series of conservative calculations designed to identify those emission sources that have little potential of adversely affecting visibility. Calculated values relating source emissions to visibility impacts are compared to a standardized screening value. Those sources with calculated values greater than the screening criteria are judged to have potential visibility impairments. If potential visibility impairments are indicated, then additional analysis is undertaken. The plume visual impact screening model VISCREEN, is designed to ascertain whether the plume from a facility has the potential to be perceptible to untrained observers under "reasonable worst case" conditions. The visibility impacts are assessed against Class I areas (i.e. areas of special national or regional natural, scenic, recreational, or historic value). There are two Class I areas located within an approximate 100-kilometers boundary that are administrated by the U.S. Department of Interior, National Park Service (NPS): Domeland Wilderness Area and San Rafael Wilderness Area. Although Edwards Air Force Base is not considered a Class I area, visibility impacts were still considered. A Level 1 screening analysis of the visibility impacts was conducted using the default VISCREEN settings for the proposed Gosford-Panama Annexation project. The screening analysis concluded that the impact of a large residential development was less than two percent of the threshold value requiring a detailed analysis when observed at the nearest federal Class I Wilderness Area. As noted previously, the Gosford-Panama Annexation development proposed a variety of land uses and is considered a more intense development in terms of both area and mobile source emissions. By comparison, the McCutchen Annexation proposes only 498 single- residential units and would emit approximately 70 percent less area source emissions than the Gosford-Panama Annexation development. As the Gosford-Panama Annexation was projected not to exceed the California visibility standard, the McCutchen Annexation would have a less than significant impact. Air Quality Conformity Analysis 5.7-5 The Project would be consistent with the Air Quality Attainment Plan (AQAP) criteria. Less than significant impact. Facts Supportina Findina Kern COG correlates traffic growth per a Traffic Analysis Zone (TAZ) pattern for determining a project's consistency with regional growth forecasts. However, new TAZs are added to the regional traffic model grid on an as-needed basis, and air quality is mainly a regional issue with little impact variation over small differences in Page 21 of 70 « 'ð1lK~-9 o ó' ;,.. "" ~ ñi C> ,.... () OÞIr.:!NAI Exhibit C Statement of Facts and Findings GPNZC 04-1012 source location.' Consistency with regional growth projections is therefore the critical factor in determining whether a project is consistent with the Kern COG Conformity Determination emission budgets for the region.2 Although the proposed Project is consistent with the Kern COG population forecasts for the region, cumulative impacts from additional planned growth are considered to have a potentially significant cumulative air quality impact. The SJVAPCD 2004 Extreme Ozone Attainment Demonstration Plan predicts that the Basin can accommodate additional growth and ultimately attain state and federal ozone standards. It should be noted that the City of Bakersfield is considering a requirement that all substantial developments mitigate their cumulative air quality impacts even if the project does not individually cause GAMAQI thresholds to be exceeded. The proposed policy has not been fully developed. It is not known if there are adequate emissions off-sets available in the region to implement this policy for all of the projected growth within the City. As noted previously, the proposed Project would be responsible for acquiring 9.04 TPY of ROG emission off-sets, and 7.97 TPY of NO, emission off-sets to comply with the City's zero emission off-set policy. Thus, as the overall net operational (mobile and area source) emission would be reduced to 0 TPY for RaG and NO" a less than significant impact would result. Cumulative Impacts 5.7-6 Impacts on regional air quality resulting from the proposed Project and cumulative projects may impact existing regional air quality levels on a curnulative basis. Analysis has concluded that less than significant cumulative irnpacts would occur. ._~,_.__.~ Facts Suooortina Finding The SJVAPCD does not require a quantified cumulative impact assessment (i.e., quantifying emissions from other project within the area). The proposed Project, along with other past, present and reasonably foreseeable future projects may result in cumulative long-term impacts to air quality. However, as previously stated, the proposed Project would result in less than significant impacts per the SJVAPCD thresholds. The proposed Project would also comply with the City of Bakersfield zero emissions policy. The requirements and proposed mitigation measures would reduce the Project's incremental increase to the maximum extent feasible. Therefore. cumulative impacts to air quality would be less than significant. BIOLOGICAL RESOURCES Special Status Plants 5.8-2 Project construction would permanently irnpact a total of approxirnately 110- 1 Kern Council of Governments, Work Element 601.48,2005 2 Kern Council of Governments, Ai, Quality Conformity Determination, August 2004. Page 22 of 70 « 'ò~!(f09 C) ó' ;... "" I-- m ., ,..- ,~ 0 nRIr,rMAI Exhibit C Statement of Facts and Findings GPA1ZC 04-1012 acres, however due to the existing agricultural use of the site, no special status plants were identified or would be expected to occur on the site. Less than significant irnpacts are anticipated in this regard. Facts Suooortina Finding The Biological Report concludes no suitable habitat exists on the site for special status listed plant species. The intense and frequent sequential cultivation and maintenance of the agricultural land are not typical of habitat for regionally protected plant species and plant species of concern. No plant species of concern were identified on site or are expected to occur on the Project site due to the existing land uses. CULTURAL RESOURCES Cumulative Impacts 5.9-2 Cumulative development rnay adversely affect cultural resources. Resources are evaluated and mitigated on a project-by-project basis. Less than significant. Facts Suooortina Finding Potential impacts would be site specific and an evaluation of potential impacts would be conducted on a project-by-project basis. Each incremental development would be required to comply with all applicable State, Federal and City regulations concerning preservation, salvage, or handling of cultural resources. In consideration of these regulations, potential cumulative impacts upon cultural resources would not be considered significant. PUBLIC SERVICES AND UTILITIES Sewer Services 5.10-6 Irnplementation of the proposed Project would not result in the increase in demand or expansion of sewer services. Less than significant impact. Facts Suooortina Findina The proposed Project would not result in any demands for sewer services. The City proposes the expansion of Treatment Plant Number 3. Once this expansion project is complete, Plant 3 will have adequate capacity to service the Project site and surrounding area. The applicant is required to pay fees ($2,500 per unit) for residential structures. Additionally, there is a one-time sewer connection fee for all new system users. Sewer connection fees are based upon total Biochemcial Oxygen Demand and Total Suspended Solids concentration and flow. There is a flat charge for all sewer uses. The annual flat rate for a Single Family Dwelling is $117. The sewer rates are calculated and adopted by the City Council annually. Less than significant impacts are anticipated in this regard. Page 23 of 70 « ~f\K~?, () ~ ;,.. - f- m ._ r- o 0 ()RiGIIIJAI Electrical Services Exhibit C Statement of Facts and Findings GPNZC04-1012 5.10-8 Irnplernentation of the proposed Project would require ternporary use of electricity during construction and long-term electric consurnption. Electricity use would not result in excessive power consumption that would result in significant irnpacts on existing facilities. Less than significant impacts are anticipated in this regard. Facts SUDPortina Findina The Project site is currently being served from the Stockdale Substation, which is located at the southeastern corner of White Lane and Wilson Road. Electricity distribution facilities, 12 Kv, are present on the north side of McCutchen and on the west side of the Project site, north of McCutchen. PG&E maintains a 70 kilovolt (Kv) transmission line which runs north to south Y:i-mile east of Progress Road. According to PG&E, the Project site is anticipated to have an approximate load of 12Mw. Additionally, PG&E indicated that the existing facilities do not have the capacity to supply the proposed Project at build-out. Therefore, without upgrades to existing facilities, implementation of the proposed Project may result in excessive demands in electrical services. Therefore, the construction of additional distribution lines will be required to serve this Project. The existing 21 Kv distribution lines on Panama Lane will ultimately be extended to the Project site. Additionally, PG&E has land on the east side of the Project site that could be used for an additional substation capability. During construction, the Project would require temporary electrical power supply for certain equipment and lighting. The proposed Project would also require electricity for street lighting along the roadway. The connections would be constructed in accordance with the requirements of the City of Bakersfield. The Project contractor shall coordinate with PG&E staff prior to construction for potential issues that may occur. PG&E indicated that impacts can be minimized if main lines adjacent to roadways are brought to the ultimate width at the initiation of the Project. Impacts could also be minimized if utility easements are made readily available as needed. Less than significant impacts are anticipated in this regard. Natural Gas 5.10-9 Implernentation of the proposed Project would not result in increased demand for natural gas services. Less than significant impacts are anticipated in this regard. Facts SUDDortina Findinas Due to the growth in the southwestern portion of Bakersfield, PG&E has identified gas distribution upgrades necessary to serve anticipated development demand including the Project site. The Project contractor shall coordinate with PG&E staff early in the planning stages to ensure that any necessary upgrades to on-site gas distribution facilities are implemented in such a manner as not to disrupt services off-site and be of adequate capacity to serve ultimate site development. Page 24 of 70 (, 'è,Al\i ",,·R v 'J' >-. '" I-- - _ m o ,.... () n",¡r.IMA' Exhibit C Statement of Facts and Findings GPAlZC 04-1012 VII. FINDINGS REGARDING EFFECTS DETERMINED TO BE MITIGATED TO LESS THAN SIGNFICANT LEVELS The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, Technical Appendices and the administrative record, finds, pursuant to California Public Resources Code 21081 (aX1) and CEQA Guidelines 15091 (a)(1), that changes or alterations have been required in, or incorporated into, the proposed project which would mitigate, avoid, or substantially lessen to below a level of significance the following potentially significant environmental effects identified in the Final EIR in the following categories: Land Use, Public Health and Safety, Aesthetics/Light and Glare, Traffic and Circulation, Noise, Air Quality, Biological Resources, Cultural Resources, and Public Services and Utilities. The potentially significant adverse environmental impacts that can be mitigated are listed below. The City of Bakersfield finds that these potentially significant adverse impacts can be mitigated to a level that is considered less than significant after implementation of mitigation measures identified of the Final EIR. LAND USE AND RELEVANT PLANNING Land Use Compatibility Off-site 5.1-2 Implernentation of the proposed Project rnay result in land use cornpatibility impacts on surrounding uses. Impacts are reduced to less than significant levels with implementation of required mitigation for noise, traffic, and air quality; refer to appropriate sections of this EIR. Facts SUDDortina Finding The current General Plan land use designations for surrounding properties are LR (Low Density Residential), P (Public Government buildings, hospitals, public utilities, cemeteries, sewage treatment plants, waste disposal sites, and other publicly owned facilities), and R-IA (Resource-Intensive Agriculture). The proposed Project would permanently alter the site from its current condition and change the designation of the intended use of the property from R-IA to LR. This conversion would have long-term land use impacts that would include increased local traffic, noise, and air pollutants. The impacts associated with these issues are discussed in detail in the respective sections of this EIR document. Refer to Section 5.5, TRAFFIC AND CIRCULATION, Section 5.6, NOISE, and Section 5.7, AIR QUALITY. Concerns associated with viewshed and noise impacts on nearby residents are addressed in Section 5.4, AESTHETICS, LIGHT AND GLARE and Section 5.6, NOISE. Although the proposed Project would ultimately replace approximately 110 acres of active agricultural land with developed uses, the proposed land use concept is considered compatible in density and character with the existing residential and industrial areas to the north and east. Compatibility impacts would be mitigated with applicable design standards pursuant to requirements set forth by the City of Bakersfield. Therefore, off-site land use impacts on neighboring residential areas are less than significant, because of their consistency of uses with the surrounding area, and with implementation of the recommended mitigation measures identified " 'òl),/(,f", 6' 'ó' ;,.. ~ Page 25 of 70 >:: J!! o 0 ORr(;INAI Exhibit C Statement of Facts and Findings GPAlZC 04-1012 throughout this EIR document. Mitigation Measures 5.1-2a and 5.1-2b of the Final EIR reduce impacts below a level of significance. These measures are as follows: 5.1-2a Refer to mitigation measures in Sections 5.4, AESTHETICS, LIGHT AND GLARE; Section 5.5, TRAFFIC AND CIRCULATION; Section 5.6, NOISE; and Section 5.7, AIR QUALITY. 5.1-2b Sellers shall provide to buyers an area map disclosing existing uses on all nearby parcels as part of the sales contract process. Buyers shall also be provided copies of any and all conditional use permits issued for adjoining properties, or other land use entitlements, or site development standards for "M-3" Heavy Industrial District and "A" Exclusive Agriculture-zoned properties as provided for in the County Zoning Ordinance. Buyers are to sign for these disclosures indicating they have read the disclosures and received a copy of same. The disclosures shall describe the presence of existing industrial uses and their associated activities, including hours of operation as well as all mitigation requirements and conditions of approval imposed on industrial users by the existing conditional use permits, or other land use entitlements, or County Zoning Ordinance. PUBLIC HEALTH AND SAFETY Short-Term Construction 5.3-1 Project construction activities have the potential to encounter known hazardous materials or wastes. Analysis has concluded that evidence exists of an existing or previously remediated recognized environmental conditions in connection with the proposed Project. Mitigation that reduces the presence of hazardous materials or wastes would reduce this impact to a less than significant level. Facts SUDDortina Findina As noted above, a physical inspection of the proposed Project site revealed evidence of hazardous materials and wastes present within the Project site. The evidence consists of soils stained with lube oil near the electric driven pump; transformers on the power lines; the potential presence of creosote on the grapevine row tie timbers, railroad ties, and telephone pole sections; aboveground storage tanks used to store diesel fuel; the presence of on-site wells; the septic tanks and leach fields; the potential for asbestos-containing materials and lead based paints; and the use of the Project site for agriculture. Several agencies have published documents that list businesses or properties that have handled hazardous materials or waste or may have experienced site contamination. The governmental sources provided by EDR, reported that no aboveground or underground storage tanks have ever been located on the Project site and no leaking underground storage tank sites are located within at least one-half mile of the Project site. No potential for recognized environmental conditions was found. Interviews conducted with the current and future property owners indicated that none ~ ~AK~'.9 C) ~ ;,.. - Page 26 of 70 '::: J!! o 0 ORIr.'M~1 Exhibit C Statement of Facts and Findings GPAlZC 04-1012 of the owners have knowledge of environmental problems within the proposed Project alignment. As mentioned above, based on the site inspection, areas of environmental concern with respect to hazardous materials and wastes were identified that would compromise Project construction or acquisition of construction easements. Implementation of mitigation measures would reduce these impacts to less than significant. Mitigation Measures 5.3-1a through 5.3-1g of the Final EIR reduces impacts below a level of significance. These measures are as follows: Stained Soils 5.3-1a Soil characterization and sampling of the stained soil within the Project site shall be conducted as needed to determine the presence or absence of hazardous materials prior to grading activities. If concentrations of materials are detected above regulatory cleanup levels during demolition or construction activities, the mitigation measure shall include: · Excavation and disposal at a permitted, off-site facility; · On-site treatment; or · Other measures as appropriate. Prior to issuance of building permits, all oil-contaminated soils shall be remediated to the satisfaction of the Local Unified Program Agency (the Office of Environmental Services of the Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board and/or the California Department of Toxic Substances Control. Railroad Ties, Telephone Poles, and Tie-Down Stakes 5.3-1b The telephone pole sections, grapevine row tie timbers, and railroad ties, should be removed from the Project site and disposed of at an appropriate landfill facility. Once the telephone pole sections, grapevine row tie timbers, and railroad ties are removed, a visual inspection of the areas beneath and around the removed materials shall be performed. Any stained soils observed underneath the telephone pole sections, grapevine row tie timbers, and railroad ties shall be sampled. Results of the sampling (if necessary) would indicate the level or remediation efforts that may be required. Water Wells 5.3-1c The agricultural water wells shall be properly removed and abandoned pursuant to the latest procedures required by the local agency with closure responsibilities for the wells. Any associated· equipment (i.e., generators and pumping materials) shall be removed off-site and properly disposed of at a permitted landfill. A visual inspection of the areas beneath the removed materials (if present) shall be performed. Page 27 of 70 « 'ò~,Kt1 () ~ ;,.. - f- m _ r- o 0 ORiC:'NAl Exhibit C Statement of Facts and Findings GPNZC 04-1012 Septic Tanks and Leach Fields 5.3-1d The specific location of the documented septic tanks shall be determined. Once the location is determined, the septic tanks shall be removed and properly disposed of at an approved landfill facility. Once the tanks are removed, a visual inspection of the areas beneath and around the removed tank shall be performed. Any stained soils observed underneath the septic tanks shall be sampled. Results of the sampling (if necessary) would indicate the level or remediation efforts that may be required. Aboveground Storage Tanks 5.3-1e The ATSs shall be removed and properly disposed of at an approved landfill facility then the areas beneath and around the removed ASTs shall be visually inspected. Any stained soils observed underneath the ASTs shall be sampled. If concentrations of materials are detected above regulatory cleanup levels during sampling activities, the mitigation measure shall include: · Excavation and disposal at a permitted, off-site facility; · On-site treatment; or · Other measures as appropriate. Transforrners 5.3-1f Any removal or relocation of transformers shall be conducted under the purview of the local utility purveyor to identify proper handling procedures regarding potential PCBs. Structures 5.3-1g The interior of the individual on-site structures and five wheel trailer within the Project site should be visually inspected prior to demolition or renovation activities, with particular attention to all maintenance/ agricultural uses. Should hazardous materials be encountered within anyon-site structure, the materials shall be tested and properly disposed of in accordance with State and Federal regulatory requirements. Any stained soils or surfaces underneath the removed materials shall be sampled. Results of the sampling would indicate the appropriate level of remediation efforts that may be required. Agricultural Use of Property/Adjacent Properties 5.3-3 Because of the historic use of the site for agricultural purposes, there is a potential for pesticide residues (including DOT) to be present in the shallow soil within the Project site. Implementation of mitigation rneasures would reduce impacts to a less than significant level. Facts SUDDortina Findina Potential health impacts associated with individuals being exposed to Page 28 of 70 pesticide 'òf>.Kt.-$' ~ <!\, ;,.. m I-- r- Õ c ORIGINAL Exhibit C Statement of Facts and Findings GPAlZC 04-1012 residues, if at all, may occur primarily during grading and construction of the proposed Project site. The potential threat to public health can be reduced to less than significant levels by conducting soil-sampling activities prior to site development to determine areas that have high levels of pesticide residues. Should the presence of pesticide residues be identified, on-site contamination can be successfully remediated prior to Project site development using available technologies. Implementation of the recommended mitigation measures would reduce potential impacts in this regard to a less than significant level. Mitigation Measures 5.3-2 and 5.3-3 of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.3-2 Prior to issuance of any grading permit, the Project applicant shall perform soil tests to determine concentrations of pesticide and fungicide residues that may be present within the Project site. Should contamination levels be in excess of acceptable Federal, State, and/or County levels, the Project Applicant shall identify and implement remedial action, (subject to approval by the City of Bakersfield and responsible regulatory agencies), to reduce contaminants to acceptable levels. 5.3-3 Prior to issuance of any grading permit, the Project applicant shall perform soil tests to determine concentrations of pesticide and fungicide residues that may be present within the Project site. Should contamination levels be in excess of acceptable Federal, State, and/or County levels, the Project Applicant shall identify and implement remedial action, (subject to approval by the City of Bakersfield and responsible regulatory agencies), to reduce contaminants to acceptable levels. Asbestos Containing Materials 5.3-5 Sorne of the building located on-site could contain asbestos. Irnplernentation of mitigation measures would reduce impacts to a less than significant level. Facts SUDDortina Findina Given the age of the structures on the Project site, it is likely that they could contain asbestos. Prior to demolition activities, an asbestos survey would be required. If asbestos-containing materials are found, abatement of asbestos is required before any demolition activities that would disturb asbestos-containing material or create an airborne asbestos hazard. Asbestos removal would be performed in accordance with San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8021 in order to reduce potential impacts to a less than significant level. Mitigation Measure 5.3-5 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.3-5 Prior to demolition activities, an asbestos survey shall be required to determine the presence or absence of asbestos-containing materials. The results of the survey shall be submitted to the City of Bakersfield. If asbestos- « <òl\Kf1' () ~ ;,.. - Page 29 of 70 I;:: J!! o 0 ORIGINAL Exhibit C Statement of Facts and Findings GPNZC04-1012 containing materials are found, abatement of asbestos shall be required before any demolition activity that would disturb asbestos-containing materials or create an airborne asbestos hazard is permitted. Asbestos removal shall be performed by a State-certified asbestos containment contractor in accordance with San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 4002 (National Emission Standards for Hazardous Air Pollutants), which requires: · A survey of the facility prior to issuance of a permit by SJVAPCD; · Notification of the SJVAPCD prior to construction activity; · Removal of asbestos in accordance with prescribed procedures; · Placement of collected asbestos in leak-tight containers or wrapping; and · Proper disposal of the asbestos. Lead-Based Paint 5.3-6 The buildings located on-site that were built prior to 1978 could contain lead- based paint, resulting in potential health hazards to building occupants. /mplernentation of rnitigation measures would reduce these impacts to a less than significant level. Facts SUDDortina Findina Lead-based paint would likely be found in the existing on-site structures as they were constructed prior to 1978. Before demolition activities, a lead-based paint survey would be required. If lead-based paint is found, mitigation measures would be required before any demolition activities occur that would create lead dust or fume hazard, in order to limit impacts to a less than significant level. Lead-based paint removal would be performed in accordance with California Code of Regulation Title 8, Section 1532.1, which provides for exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. Mitigation Measure 5.3-6 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.3-6 Prior to demolition activities, a survey shall be conducted to determine the presence or absence of lead-based paint. The results of the survey shall be submitted to the City of Bakersfield. If lead-based paint is found, abatement shall be required before any demolition activities occur that would create a lead dust or fume hazard. Lead-based paint removal shall be performed in accordance with California Code of Regulation Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. The contractor o.t>.KJ:- « v' "'1> c)' ó' "" ;,.. - f- m - ,.... o 0 ORIGiNAl Page 30 of 70 Exhibit C Statement of Facts and Findings GPAlZC 04-1012 performing lead-based paint removal shall provide evidence of certified training for lead-related construction work. Valley Fever 5.3-9 Grading within the boundary of the Project rnay lead to the release of fugitive dust and spores causing Valley Fever. Mitigation that reduces fugitive dust emissions would reduce impacts to a less than significant level. Facts SUDDortina Findina If Valley Fever spores occur within the boundaries of the proposed Project, with the absence of mitigation, there is potential for the infection of construction workers and surrounding residents, as well as within the Project area. Mitigation measures designed to reduce the amount of fugitive dust during grading activities would reduce the likelihood of Valley Fever to a less than significant level (refer to Section 5.7, AIR QUALITY). The long-term covering of portions of the Project alignment with landscaping material and/or with impervious roadway surfaces would reduce the long- term potential release of Valley Fever spores to a less than significant level. Mitigation Measures 5.3-9a and 5.3-9b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.3-9a Refer to Section 5.7, AIR QUALITY, regarding fugitive dust mitigation measures. 5.3-9b Pursuant to SJVAPCD Regulation VIII-Fugitive PM10 Prohibitions, all areas with bare soil exposed as a result of Project earthwork activities shall be landscaped at the earliest time possible or stabilized by watering when winds exceed 20 miles per hour (mph) in order to reduce the potential inhalation of spores causing Valley Fever. Soil Erosion 5.3-10 Future development of the proposed Project site could result in substantial soil erosion. Implernentation of and compliance with the Bakersfield Municipal Code and recommended rnitigation measures would reduce irnpacts to a less than significant leve/. Facts SUDDortinq Findinq Grading operations associated with future development of the Project site and the resultant manufactured embankments could increase the potential for erosion and siltation both during and after the construction phase. Increases in impervious surfaces would also result in the construction of curb and gutters and storm drain systems to collect the runoff. In order to mitigate the potential effects of erosion on- site, temporary and permanent erosion control measures would be required, such as the use of sandbags, hydroseeding, landscaping, and/or soil stabilizers. The Contractor will be required to submit a Storm Water Pollution Control Plan (SWPPP), Page 31 of 70 « 'ò~K~ () <!; ;,.. I-- J Õ <: ORIGINAL Exhibit C Statement of Facts and Findings GPAlZC 04-1012 which includes erosion control measures in order to comply with the NPDES requirements of the Federal Clean Water Act (CWA). All earthwork is required to be performed in accordance with applicable City requirements as stipulated in the Bakersfield Municipal Code. Earthwork would also be performed in conformance with approved grading plans and any applicable geotechnical reports prepared for future developments on-site. Implementation of appropriate grading measures described in Section 5.2-4 of this section would serve to reduce the potential impacts related to erosion to less than significant levels. Mitigation Measures 5.3-10a through 5.3-10c of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.3-10a On-site grading shall occur in conformance with established City engineering guidelines and shall be balanced on-site. Grading and slope contouring shall adhere to provisions as set forth in the Bakersfield Municipal Code regarding hillside development (Chapter 17.66 HD, Hillside Development Combining Zone). Compliance with this measure is subject to review and approval by the City Engineer through the development review process. 5.3-10b Prior to issuance of grading permits for each development, a site specific soils report shall be completed to the satisfaction of the City Engineer, that further characterizes and analyzes on-site soil conditions, and identifies appropriate measures to be implemented to control erosion and dust. The results of the study shall be used as the basis to complete the required Storm Water Pollution Prevention Plan (SWPPP), which includes erosion control measures in order to comply with the National Pollution Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act. Temporary, construction-related, and permanent erosion control measures may include but not be limited to the use of sandbags, hydroseeding, landscaping, and/or soil stabilizers. 5.3-1 Dc The overall shape, height and grade of any cut and fill slope contour shall be developed in concert with the existing natural contours and scale of the natural terrain, as prescribed in Chapter 17.66 of the Bakersfield Municipal Code. The graded form shall reflect the natural, rounded terrain, wherever possible. The grading plan shall also reflect a contouring and landscaping program intended to control erosion. Compliance with this measure is subject to review and approval by the City Engineer through the development review process. Hydrology and Water Quality 5.3-11 Future development of the Project site would result in violations of water quality standards or waste discharge requirements. Impacts would be reduced to less than significant levels with the incorporation of NPDES requirernents. Facts SUDDortina Finding With the future urban development of the site, the proposed Project would result in an « ~M~?, ' () ~ n >- ~ ~ m , '~ r- o 0 ORIGINAl Page 32 of 70 "'--'~""""--'-'- Exhibit C Statement of Facts and Findings GPAlZC 04-1012 increase in urban pollutant discharge, especially during short-term construction phases. The discharge of materials other than storm water from a particular site is prohibited. With urban development projects, the pollutants of concern include silt and sediment, oil and grease, floatable trash, nutrients (including fertilizers), heavy metals, pathogens (such as coliform bacteria) and other substances. Referred to as "controlled pollutants", discharge of these substances into waters of the United States, are prohibited. Future proposed developments that involve grading and construction would contribute to an increase in pollution discharge. Individual development projects would be required to mitigate short-term construction impacts pursuant to the NPDES criteria and standards on a project-by-project basis. The purpose of the NPDES permit is to ensure the Project area will eliminate or reduce construction related sediments and pollutants during storm water runoff. Construction sediment erosion can be adequately controlled through the application of standard construction BMPs. The goal of BMPs is to capture and treat "first flush" storm water run-off generated by surrounding and on-site watersheds. Water quality management BMPs for grading and construction scenarios may include the use of sand bags and straw bales for run-off diversion and velocity reduction, mulch topping, hydro-seeding and siltation fencing to prevent soil loss and measures to minimize vehicular leaking and spilling. Implementation and compliance with the NPDES requirements and BMPs would reduce construction-related impacts to water quality to a less than significant level. The proposed Project also includes the realignment of the Stine Canal and the abandonment of the Section 31 Ditch. These actions may require a Waste Discharge Requirements (WDR) or a waiver from the Central Valley Regional Water Quality Control Board (RWQCB). WDRs, pursuant to California Water Code, Section 13260, are required for all persons proposing to discharge waste that may affect the quality of waters of the state. If discharge is anticipated to occur, a Report of Waste Discharge shall be submitted to the Central Valley RWQCB. Following the Report of Waste Discharge, the RWQCB will either prescribe waste discharge requirements or issue a waiver. Mitigation Measures 5.3-11a and 5.3-11b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.3-11 a Prior to approval of individual development projects, the Director of Public Works or his/her designee, shall confirm that the plans stipulate that prior to issuance of any grading permits, the Project applicant shall be responsible for filing a Notice of Intent (NOI) and for filing the appropriate fees pursuant to the NPDES program. The Project contactors shall incorporate stormwater pollution control measures into a SWPPP. BMPs shall be implemented to the maximum extent possible. Evidence that proper clearances have been obtained through the SWRCB, including coverage under the NPDES statewide General Stormwater Permit for Construction Activities, must be demonstrated. A Standard Urban Storm Water Mitigation Plan (SUSMP) shall be required as required in the NPDES permit for the area of the Project site draining to the Kern River. Page 33 of 70 « 'òAKt,ç> () ~ ;,.. - ..... m - ,.... o () ORIGINAL ."---.-" _.~,._---_.~.~-~.~---_..._.~-_._.,............-------' Exhibit C Statement of Facts and Findings GPA!ZC 04-1012 5.3-11b Future projects shall exercise special care during the construction phase to prevent any off-site impacts. Erosion control measures and temporary desiltation/detention basins shall be in place, as approved by the Director of Public Works. The basins and erosion control measures shall be shown and specified on the grading plans and shall be constructed to the satisfaction of the Director of Public Works prior to the start of any other grading operations. 5.3.11c Prior to the commencement of construction activities, a WDR or a waiver thereof, may be required from the Central Valley RWQCB for the realignment of the Stine Canal and abandonment of the Section 31 Ditch. If WDRs are prescribed, the Project Applicant shall incorporate mitigation measures identified in the WDR to reduce potential significant impacts to water quality and potential public nuisances that are due to the treatment or discharge of waste. 5.3.11 d A six foot high chain-link fence, or equivalent barrier as determined by the advisory agency, shall be constructed between any subdivision and the right- of-way line of any irrigation canal within or adjacent to the subdivision, as specified in City of Bakersfield Subdivision and Engineering Design Manual Standard S-10. Groundwater 5.3-12 The proposed Project would not result in adverse impacts to the arnount of available groundwater or degrade groundwater quality. Implementation of rnitigation measures would reduce impacts to less than significant. Facts SUDDortina Findina The City obtains 100 percent of its water supply from groundwater aquifers. The City of Bakersfield Water Resources Department indicated that existing water supply pipelines are present within the Project vicinity. Implementation of the proposed Project would not require expansion of the existing water supply facilities, as no current deficiencies exist. However, extension of the water district facilities will be required in order to serve the Project. The Project site is not currently under the City's domestic water service area, however, upon annexation, the site will receive water service from the City upon completion of the required steps explained in the mitigation measure, below. Due to the presence of existing infrastructure and availability of water, the Project would not alter the direction of groundwater flow, nor result in the need to withdraw, change the rate of groundwater flow, or affect its supply. Refer to Section 5.11, PUBLIC SERVICES AND UTILITIES, for additional details. Mitigation Measure 5.3-12 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.3-12 Prior to filing a final tract or parcel map, the developer/owner shall record a covenant for each lot in the subdivision that prohibits the export of Page 34 of 70 « 'òMft? () ~ ;,.. - f- n _ r- o to ORIGINAL -~....,.,._._-----~ Exhibit C Statement of Facts and Findings GPAlZC 04-1012 groundwater from the subdivision except by the water purveyor that is serving the subdivision. Additionally, the developer/owner shall pay City fees for inspection of installation of water facilities and City Water Availability Fees. Payment of fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of each phase of the Project, based on the percentage of the gross acreage contained in the particular phase to be accepted and recorded, as compared with the total gross acreage within the entire Project. All water main, service connections, and fire hydrants shall be installed by the developer and dedicated to the City. Plans and specifications for such water mains and appurtenances shall be prepared by and/or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. Flood Hazards 5.3-13 Future developrnent on-site would result in increased surface runoff and rnay result in potential flooding impacts off-site. Analysis has concluded that with incorporation of mitigation measures, impacts associated with increased runoff would be reduced to a less than significant level. Facts SUDDortina Findina Future development of the proposed Project would nominally alter existing drainage patterns. Although the proposed Project site is not within the Kern River Designated Floodway or within the FEMA flood hazard zones, it cannot be assumed that no additional flood hazards exist within these locations. The future increase in development would increase surface water runoff, contributing to additional storm water flows. If determined necessary through site-specific hydrological analysis, developable areas could potentially require mitigation on a project-by-project basis to accommodate the increased surface flows. The Project proposes to realign the Stine Canal and reconstruct it as an open canal that runs along the eastern boundary of Site 1, parallel to the railroad right-of-way (ROW). At the southern boundary of Site 1, the Stine Canal would be reconstructed to run due west, north of McCutchen Road, and connect to the existing McCutchen Road/Stine Canal under crossing. The Section 31 Ditch ties into the Stine Canal and runs west along the northern boundary of Site 1. The Project proposes to abandon, backfill, and compact the Section 31 Ditch during the future site preparation phase. Impacts of Proposed Roadways Although not currently a part of the annexation and GPA, the site includes plans for future construction of collector street segments to accommodate the area. Additionally, the Project proposes an amendment to the City's Circulation Element that would include the elimination of Progress Road within the Project site boundary as a collector roadway and reclassification as a local street. The planned street segments would alter the natural flow conditions, thereby resulting in impacts to the existing hydrologic and drainage patterns. These potential impacts would be mitigated to a less t~~AK¿:-?, () ú' ;,.. êê I-- m - ,.... o () ORIGINAL Page 35 of 70 Exhibit C Statement of Facts and Findings GPA!ZC 04-1012 significant level with the installation of drainage facilities along the proposed roadway to provide adequate hydraulic capacity. Drainage Right-of-Way Dedications Right-of-way dedications would be required for future private property occupied by drainage infrastructure. The nature of these the dedications would be dependent upon final designs for tracts. Mitigation Measures 5.3-13a through 5.3-13c of the Final EIR reduce impacts below a level of significance. These measures are as follows: 5.3-13a Prior to the approval of final project plans and specifications, the City Engineer, or his designee, shall confirm that recommended design elements have been incorporated so that the Project site will be adequately protected from the 100-year storm, will not adversely impact downstream properties, and is designed in conformance with applicable City and County requirements. 5.3-13b Drainage system design requirements for the future developments and all future roadways shall include, but not limited to: · Future on-site roadways shall be designed to accommodate adequate flow capacity. · Appropriate minimum stormdrain pipe size diameter as specified by the City Engineer. · Stormdrain flow velocity limitations as specified by the City Engineer. 5.3-13c Adherence to the City of Bakersfield Municipal Code is achieved with the payment of fees used for the purposes of defraying the costs of constructing planned drainage facilities and sewers. Currently the Breckenridge Planned Drainage Area is subject to a fee of $1,896 per acre or approximately $500,000 for the Project site. Adherence to hillside development codes and regulations shall also be required for future development. Proof of payment shall be provided to the Public Works Department prior to the recordation of Final Tract maps. AESTHETICS/LlGHT AND GLARE Short·Term (Construction) Aesthetic Impacts 5.4-1 Grading and construction of individual phases would temporarily alter the visual appearance of the Project area. Impacts are considered to be short-terrn would cease upon completion of construction activities; and would be reduced to less than significant leve/s with implementation of the recornrnended mitigation rneasures. Facts SUDDortina Findina Page 36 of 70 « 'òÄKf?, () ~ ;,.. - I-- m - ,.... o 0 ORIGINAL . '··_··V' '_"_'_~'_"'_"___"_~^_"'_'_""____ Exhi bit C Statement of Facts and Findings GPNZC 04-1012 Project construction activities would temporarily disrupt views across the site from surrounding areas. Graded surfaces, construction debris, construction equipment, and heavy truck traffic would be visible. Soil would be stockpiled and equipment for grading activities would be staged at various locations throughout the Project site. The use of metal storage containers in conjunction with construction activities would be subject to Section 17.57.050 of the Bakersfield Municipal Code, which allows the use of metal storage containers for construction, subject to approval by the Building Director. These impacts would be short-term and would cease upon Project completion. With the implementation of the recommended mitigation pertaining to the location of screening areas and with compliance with Municipal Code requirements, short-term impacts would be reduced to less than significant levels. Mitigation Measure 5.4-1 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.4-1 Temporary construction equipment staging areas shall be located within the Project site through the duration of construction. Appropriate screening (e.g., temporary opaque fencing [six feet in height]) will be used to buffer views of construction equipment and material, when feasible. Staging locations shall be indicated on final plans and grading plans are subject to review and approval of the City Planning Department. Additionally, all construction activities would be required to be consistent with applicable Bakersfield Municipal Code requirements and conditions of approval. Long-Term Aesthetic Impacts 5.4-2 Project irnplementation would perrnanently alter views of and across the Project site. Analysis has concluded that impacts are less than significant with incorporation of mitigation measures. Facts SUDDortina Findina The visual analysis of any Project must consider the actual visual quality of the area, which, in the Project area, is defined by the open space value and the area's rural/agriculture character. Another factor is visual sensitivity, which is defined by the public views of the Project, the number of viewers, and the duration of the view. Therefore, a project located on a site that has both high visual quality and high visual sensitivity would have the most significant visual impact. The Project site is considered to be in an area of moderate visual quality, because of its open space and vacant land. However, according to the Metropolitan Bakersfield General Plan, the Project site is not designated as a scenic vista; is not located along a designated scenic highway or roadway; is relatively level; and has no significant topographic relief features. The areas to the northeast and south of the proposed Project site are developed residential and light industrial uses, and have no visual access to scenic areas. Project implementation would permanently alter the nature and appearance of the Project site from active farmland to a residential development. On-site structures would be visible from surrounding uses. This alteration of appearance is permanent and would continue throughout the life of the Project. Views of the agricultural fields that «~M~~ o ~ ;,.. - f- m _ r- o () ORIGINAL Page 37 of 70 . ._--------._~.~-_._--~-'"., Exhibit C Statement of Facts and Findings GPNZC04-1012 comprise the Project site are currently available to motorists and pedestrians along McCutchen Road and Progress Road, to residents northeast of the Project site, and employees at the industrial uses to the east. Views of these areas are currently unobstructed, so, the change in visual character from open space to developed conditions with amenities would be a distinct visual alteration of the Project site. The Project proposes development adjacent to the existing and proposed residential communities (east and north of the Project site). Because the Project's proposed use is residential and the proposed densities are similar to those of the existing and proposed developments located north, east, and northeast of the Project site, significant impacts regarding the overall visual quality and sensitivity of the Project area would be minimized. The proposed uses would be similar in character and density as surrounding off-site uses and can be considered visually compatible with existing surrounding land uses. Mitigation Measures 5.4-2a and 5.4-2b of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.4-2a Design review shall be required of all new development through the architectural and site review process prior to the issuance of a development permit. The review should determine whether the proposed development is consistent with current development ordinances. This shall be subject to review and approval of the Planning Department. 5.4-2b Adequate landscape screening shall be provided to minimize Project views from off-site, as demonstrated in a Landscape Plan requiring review and approval by the City Planning Department, prior to the issuance of grading permits. The Landscape Plan shall also indicate the planting palette and general placement of tree types. Light and Glare Impacts 5.4-3 The Project would generate additional light and glare beyond existing conditions from street lighting and vehicular traffic. Compliance with City codes and recornmended mitigation would reduce potential irnpacts to less than significant levels. Facts SUDDortina Finding The Project may create light and glare impacts on off-site uses and introduce new sources of lighting into the Project area. These sources include lighting for streetlights and interior and exterior lighting from the proposed residences. The City requires that streetlights be installed at intersections and (when streets are longer than 600 feet in length) at midblock. On-site light sources may also create spillover light impacts on surrounding land uses. As previously mentioned, existing industrial structures include silos and batching equipment ranging from 25 to 80 feet tall. These structures have lighting for permitted non-daylight operations that future residents may find objectionable. In order to ensure « 'òAK~-'9 () ~ ;,.. - Page 38 of 70 '::: {!! o () ORIGINAL Exhibit C Statement of Facts and Findings GPAlZC 04-1012 that adjacent uses are allowed continued non-daylight operations, future development would be required to conform to applicable City performance standards to mitigate adjacent light spillover. Such measures can include, but not be limited to, height restrictions, building orientation, buffering, and landscape screening. These project- related measures in addition to applicable City performance criteria would be confirmed and conditioned through subsequent environmental review at such time specific development plans are proposed. Proposals not meeting City performance standards would be rejected until such time performance is achieved. Implementation of Mitigation Measure 5.1-2b, in Section 5.1, LAND USE AND RELEVANT PLANNING, requiring disclosures for each residential lot related specific adjacent operations would serve to ensure unimpeded long-term operation allowed under the adjacent industrial zoning and permitting. Light sources from the on-site residential developments may have an impact on the surrounding areas. Additionally, on-site light sources may create light spillover and glare impacts on surrounding land uses in the absence of mitigation. Street light illumination from the residential areas would be comparable to that in the existing residential development northeast of the proposed Project site. The lighting within the proposed Project site would be in compliance with City standards. City building officials may also require the use of light shields to prevent unwanted light on future on-site and existing adjacent residential properties. Mitigation Measures 5.4-3a and 5.4-3b of the Final EIR reduce impacts below a level of significance. These measures are as follows: 5.4-3a Refer to Mitigation Measure 5.1-2b in Section 5.1, LAND USE AND RELEVANT PLANNING. 5.4-3b To ensure that the Project's exterior lighting does not spill over onto the adjacent uses, all exterior light fixtures, including street lighting, shall be shielded or directed away from adjoining uses, pursuant to all applicable lighting standards and requirements of the Bakersfield Municipal Code. TRAFFIC AND CIRCULATION Short-Term (Construction) Impacts 5.5-1 Project-related construction activities would result in temporary circulation impacts on nearby residents, pedestrians, bicyclists, and potential traffic congestion. However, these impacts are considered a ternporary nuisance and would cease upon Project completion. Implementation of recommended mitigation measures would reduce impacts to less than significant levels. Facts SUDDortina FindinQ Anticipated construction-related traffic and circulation impacts would be considered a temporary nuisance that would cease upon completion of Project construction. Preparation of a detailed Traffic Management Plan (TMP) would be required prior to construction of the proposed Project. The TMP would delineate all road closures, Page 39 of 70 « %)1, x f,y () ~ ;,.. - I- m - ,.... o () ORIGINAL Exhibit C Statement of Facts and Findings GPA!ZC 04-1012 provisions to maintain access to nearby residential properties at all times, prior notices, adequate sign-postings, detours, provisions for pedestrian, bicycle transportation, and permitted hours of construction activity. Proper detours and warning signs would be established along the Project perimeter to ensure public safety. The TMP shall be devised so that construction would not interfere with emergency response or evacuation plans. Due to the relatively rural nature of the Project and surrounding vicinity, implementation of the TMP and recommended mitigation would result in less than significant impacts. Mitigation Measures 5.5-1a and 5.5-1b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.5-1a With submittal of a grading plan, a Traffic Management Plan (TMP) shall be submitted for review and approval to the City of Bakersfield Public Works Department. Such plan shall consist of prior notices, adequate sign posting, and detours (including for pedestrians and bicyclists). The TMP shall specify implementation timing of each plan element (prior notices, sign-posting, detours, etc.) as determined appropriate by the City Engineer. The TMP shall be reviewed and approved by the City Police and Fire Departments so that construction does not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts. 5.5-1b Proper detours and warning signs shall be established to ensure public safety. This includes the use of proper lighting (where appropriate); fencing and shielding: proper storage of equipment and construction supplies; and covering loose piles of soil, silt, clay, sand debris, or other earthen material. Traffic Generation 5.5-2 Project irnplementation may cause a significant increase in traffic when cornpared to the traffic capacity of the street system and rnay exceed an established LOS standard. Less Than Significant With Mitigation. Facts SUDDortina Findina As previously noted, the Project proposes to downgrade Progress Road from a collector to a local designation. The proposed downgrading would be acceptable as anticipated traffic volumes from this Project and anticipated future traffic are easily accommodated by the proposed local streets. Additionally, the elimination of Progress Road as a collector to the north of the Project site precludes the need for a collector south of McCutchen Road. Overall, to lessen Project impacts, mitigation is recommended, which requires payment of traffic impact fees and Project fair share contribution towards implementation of improvements (refer to the Future Plus Project section below for a discussion of the necessary improvements). Page 40 of 70 of '< 'òfJ/(f1> () ~ ;,.. - f- m - ,.... 'J 0 ORIGINAL Mitigation Measure 5.5-2 of the Final ErR reduces impacts below a level - ,- .,-_..._,._~-"._~._--~---_.....__._"~-,..._-. Exhi bit C Statement of Facts and Findings GPA!ZC 04-1012 significance. The measure is as follows: 5.5-2 Refer to Mitigation Measures 5.5-3a and 5.3b, below. Cumulative Traffic (2025 Conditions) 5.5-3 Implementation of the proposed Project, combined with cumulative project developrnent, may cause a significant increase in traffic when compared to the traffic capacity of the street system and may exceed an established LOS standard. Less Than Significant With Mitigation. Facts SUDDortina Findina The proposed downgrading of Progress Road from a collector street to a local street would be acceptable as the anticipated traffic volumes from this Project and anticipated future traffic are easily accommodated by the proposed local streets. Additionally, the elimination of Progress Road as a collector to the north precludes the need for a collector south of McCutchen Road. Overall, with adherence to the Metropolitan Bakersfield RTIF, applicable goals and policies of the Metropolitan Bakersfield General Plan, implementation of the Project's pro-rata share of the recommended improvements, and consideration of future circulation improvements on a project-by-project basis, cumulative traffic impacts would be mitigated to less than significant levels. Mitigation Measures 5.5-3a and 5.5-3b of the Final EIR reduce impacts below a level of significance. These measures are as follows: 5.5-3a Prior to issuance of building permits, the Project Applicant shall comply with the City's Regional Transportation Impact Fee Program (RTIF) in accordance with the standard residential, per-lot rate. 5.5-3b For impacted intersections subject to fair-share improvements (refer to Tables 5.5-11 and 5.5-13), the Project Applicant shall participate in the improvements required on a pro-rata fair-share basis, as indicated in Table 5.5-16, (Future Intersection Improvements and Local Mitigation). NOISE Short-Term (Construction) Impacts 5.6-1 Grading and construction within the Project area would result in temporary noise impacts on nearby noise sensitive receptors. Analysis has concluded that temporary construction noise would result in a less than significant irnpact with incorporation of mitigation measures. Facts SUDDortina FindinQ Typically, the site preparation phase (i.e., demolition, excavation, and grading of the <çMf-9 ~ ~ ;,.. - f- m _ r- o () ()RIGINAL Page 41 of 70 Exhibit C Statement of Facts and Findings GPA!ZC 04-1012 site and infrastructure) tends to generate the highest noise levels due to the size and load factor of the equipment. Earthmoving includes excavation machinery such as back fillers, bulldozers, excavators/front-end loaders, and earthmoving equipment, which includes compactors, scrapers and graders. Operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Construction noise would occur throughout the duration of the construction activities, although it would be most noticeable during the initial months of site-intensive grading. Currently, the proposed Project is not adjacent to any existing sensitive receptors. However, per the Bakersfield Municipal Code, construction would be limited to the hours of 6:00 AM to 9:00 PM on weekdays and 8:00 AM and 9:00 PM on weekends. Implementation of the mitigation (i.e., muffling/ placement of construction equipment and stockpiling/staging of construction vehicles) would be implemented to reduce the noise levels that may impact sensitive receptors and thus would result in a less than significant impact. Mitigation Measures 5.6-1a through 5.6-1d of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.6-1a Prior to issuance of grading permits, the contractor shall provide evidence acceptable to the City Planning Department that (1) all construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained mufflers; (2) construction activities shall be limited to the designated daytime hours as specified by the City of Bakersfield (currently 6 AM to 9 PM on weekdays and 8 AM and 9 PM on weekends). No construction is allowed on Federal holidays. These restrictions apply to all trucks, vehicles, and equipment that are making or involved with material deliveries, loading or transfer of materials, equipment service, and maintenance of any devices for or within the Project construction site. 5.6-1b During construction, stationary construction equipment shall be placed such that emitted noise is directed away from noise-sensitive receptors, to the satisfaction of the Building Official. 5.6-1c Prior to approval of the Project plans and specifications by the City Planning Department, the construction contractor shall incorporate feasible muffling features into all construction vehicles and equipment and into construction methods, and shall maintain all construction vehicles and equipment in efficient operating condition. 5.6-1d The Project plans and specifications prior to approval by the City Planning Department, shall stipulate that stockpiling and construction vehicle staging areas shall be located as far away as practical from noise-sensitive receptors during construction activities. On-Site Mobile Source Impacts Page 42 of 70 ~ 'ò ilK t"?' () ~ ;,.. - f- m - ,.... 'J () ORIGINAL Exhi bit C Statement of Facts and Findings GPA!ZC 04-1012 5.6-3 Project implementation would generate additional vehicular travel on the roadway network, thereby resulting in permanent noise level increases. Analysis has concluded that with the incorporation of recommended noise attenuating design features, long-term vehicular- related noise would not exceed the City's 65 dB CNEL compatibility standard for future on-site residences. Facts SUDDortina Findina The Year 2025 65 dBA CNEL contour could potentially extend approximately 85 feet from the centerline along McCutchen Road. As indicated in Table 5.6-12, PROJECT PERIMETER NOISE EXPOSURE, residential locations along McCutchen Road could potentially be exposed to traffic noise levels in excess of 65 dBA CNEL. Based on the conceptual nature of the site plan, the mitigation components cannot be adequately determined at this time. It is recommended that additional noise analysis be conducted prior to Tentative Tract Map approval to ensure that adequate noise mitigation is provided to meet the City of Bakersfield noise standards. The report would evaluate the interior and exterior noise impacts based upon the actual roadways, pad elevations and building design. With implementation of the recommended mitigation, which requires additional noise analysis, a less than significant impact would occur in this regard. Mitigation Measure 5.6-3 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.6-3 Prior to residential development, an acoustical noise analysis shall be prepared to ensure that exterior and interior noise levels are met. Residential buildings or structures shall prepare an acoustical analysis showing that the building has been designed to limit intruding noise to the level prescribed (interior of 45 dBA CNEL and exterior 65 dBA CNEL). To the extent feasible, the following site- planning techniques shall be implemented: · Increasing the distance between the noise source and the receiver. · Using non-noise sensitive structures such as garages to shield noise- sensitive areas. · Orienting buildings to shield outdoor spaces from a noise source. · Incorporating architectural design strategies, which reduce the exposure of noise-sensitive spaces to stationary noise sources (i.e., placing bedrooms or balconies on the side of the house facing away from noise sources). These design strategies shall be implemented based on recommendations of an acoustical analysis for individual developments, as required by the City to comply with City noise standards. · Incorporating noise barriers, walls, or other sound attenuation techniques, based on recommendations of acoustical analysis for individual Page 43 of 70 ~ ~AKt-9 Q ~ >- m - ,.... 'J 0 ORIGINAl ..-~..._. ---.------.. Exhibit C Statement of Facts and Findings GPAlZC 04-1012 developments, as required by the City to comply with City noise standards. . Modifying elements of building construction (i.e., walls, roof, ceiling, windows, and other penetrations), as necessary to provide sound attenuation. This may include sealing windows, installing thicker or double-glazed windows, locating doors on the opposite side of a building from the noise source, or installing solid-core doors equipped with appropriate acoustical gaskets. Stationary Source Impacts 5.6-4 Implementation of the proposed Project would result in the generation of on- site noise associated with future residential units. Analysis has concluded that impacts would be less than significant with the irnplernentation of recomrnended mitigation measures. Facts SUDDortina Findina Future development of residential lots would create stationary noise typical of any new residential development. Noise that is typical of residential areas includes such things as children playing, pet noise, amplified music, car repair, pool/spa equipment, woodworking and home repair. Noise from residential stationary sources would primarily occur during the "daytime" activity hours of 7:00 AM to 10:00 PM. Furthermore, the residences would be required to comply with the noise standards set forth within the Metropolitan Bakersfield General Plan. The General Plan states that exterior noise levels in residential property shall not exceed the basic noise standard of 45 dBA for interior noise and 65 dBA exterior residential property line. Thus, noise impacts from the residential uses are anticipated to be less than significant in this regard. As previously stated, the Structure Cast Batch plant and the Golden Empire Concrete Company are located east of the proposed Project site. The Structure Cast Batch Plant is located approximately 100 feet from the Project's property line. Structure Cast plant operations could potentially exceed the City's Lmax noise standards of 70 dBA at residential units during nighttime (10:00 PM - 7:00 AM) operations without proper sound attenuation. In addition, operations at the Golden Empire Concrete Company, which is located approximately 1,000 feet away from the proposed Project, could potentially exceed the City's L50 standards for nighttime operations as well. It is recommended that a soundwall is necessary to properly attenuate sound emanating from the adjacent industrial facilities. It is recommended that a 10-foot high masonry wall be placed at the Project's eastern boundary. Additionally, the first two interior rows of homes located along the wall should be single-story to prevent an adverse noise intrusion into second level living areas. These single story homes will increase the set-back distance for any second-story bedrooms, and roofs will partially block line- of-sight noise propagation. Additionally, the first row of homes shall be deeper lots (140 feet vs. 100 feet) to provide for extra setbacks required by the adjacent agricultural uses. All two-story homes within the Project site shall have dual paned windows upstairs and central air conditioning as standard features. Note that the first \è¡M¿: J ?>ó' '" ;,.. - f- m Page 44 of 70 Õ r; ORIGINAL . Exhibit C Statement of Facts and Findings GPA!ZC 04-1012 row of homes would block noise intrusion to interior residential units, and two-story dwelling units would be permitted within the interior of the development. It is recommended that additional noise analysis be conducted prior to Tentative Tract Map approval to ensure that adequate noise mitigation is provided to meet the City of Bakersfield noise standards. The report would evaluate the interior and exterior noise impacts based upon the pad elevations and building design. With implementation of the recommended mitigation, which requires additional noise analysis, a less than significant impact would occur in this regard. Mitigation Measures 5.6-4a and 5.6-4d of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.6-4a Buyers, renters or lessees within the Project whom are located within the proximity of the adjacent industrial facilities shall be notified of the periodic operations and that noise from the Golden Empire Company and Structure Cast Batch Plant may be audible on a periodic basis. Such noise shall be noted as being within allowable levels, but possibly audible at residences closest to the eastern site boundary south of McCutchen Road. In an attempt to reduce complaints and unwarranted investigations undertaken by any public agency, the following disclosure shall be recorded as part of any transfer of properties within the project site. Your real property is adjacent or in the vicinity of property used for agricultural operations and/or industrial operations, you may be subject to inconveniences or discomforts arising from and associated with such operations on any 24-hour basis. Said discomforts may include, but shall not be limited to equipment noise, odors from manure, fertilizer, and other chemicals, dust and/or smoke. 5.6-4b A ten-foot high masonry/concrete block wall shall be erected for 600 feet south of McCutchen Road next to the Structure Cast property line along the east side of the 80-acre site. The wall would drop to eight feet high from the 600 feet south of McCutchen Road to the southern end of the property. This wall would increase the margin of safety between industrial noise exposure and the City standards. It is recommended that additional noise analysis be conducted prior to Tentative Tract Map approval to ensure that the wall design provides adequate noise attenuation to meet the City of Bakersfield noise standards. 5.6-4c The first two interior rows of homes along the eastern boundary of the Project site for 600 feet south of McCutchen Road shall be restricted to single-story homes. These single story homes will increase the set-back distance for any second-story bedrooms, and roofs will partially block line-of-sight noise propagation. Additionally, the first row of homes shall be deeper lots (140 feet vs. 100 feet) to provide for extra setbacks required by the adjacent agricultural uses. 5.6-4d All two-story homes within the Project site shall be constructed with dual-paned windows upstairs and central air conditioning as standard features. Page 45 of 70 'òi\/{i??, S ~ m :c r-- ) () ()RIGINAL Exhibit C Statement of Facts and Findings GPAlZC 04-1012 AIR QUALITY Short-Term (Construction) Emissions 5.7-1 Temporary construction-related dust and vehicle emissions would occur during construction within the Project area. Analysis has concluded that impacts would be mitigated to a less than significant level. Facts SUDDortina Findina Short-term construction related emiSSions are primarily related to the grading and construction phases of a project and are seen as temporary in nature. The following table lists the anticipated on-site construction equipment (i.e., grading, construction, and paving phases). Construction of the proposed Project is anticipated to last approximately one year. Activities during construction would include grading and excavation, laying down of foundation, reconstruction of the Stine Canal, paving and building of the residential units and associated facilities. The SJVAPCD's recommended approach to mitigating construction emissions focuses on a consideration of whether all feasible control measures are being implemented. The proposed Project would be required to develop and implement a PM,o dust prevention and control plan in compliance with Regulation VIII. The PMlO prevention plan would specify the methods of control that would be utilized and would identify an individual responsible for authorizing implementation of additional measures, if needed. Therefore, short-term construction impacts would be mitigated to a less than significant level with implementation of Regulation VIII Control Measures. Refer to Table 5.7-7, CONTROL MEASURES FOR CONSTRUCTION EMISSIONS OF PMlO. Mitigation Measures 5.7-1a through 5.7-1d of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.7-1a To minimize engine exhaust emissions during Project construction, the Applicant shall implement the following measures: · Properly and routinely maintain all construction equipment, as recommended by manufacturer's manuals, to control exhaust emissions. · Shut down equipment when not in use for extended periods of time, to reduce exhaust emissions associated with idling engines. · Encourage ride-sharing and use of transit transportation for construction employees commuting to the Project site. · Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. · Curtail construction during periods of high ambient concentrations. Page 46 of 70 pollutant '< 'òAK$1' () <!.;- >- - f-- m - r- o () ORII;'NAL Exhibit C Statement of Facts and Findings GPAlZC 04-1012 · Construction equipment shall operate no longer than eight cumulative hours per day. · All construction vehicles shall be equipped with proper emission control equipment and kept in good and proper running order to reduce NOx emissions. · On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under manufacturer's guidelines. · On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. · On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. · Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economical and available to reduce NOx emissions. · All construction activities within the Project area shall be discontinued during the first stage smog alerts. · Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average). 5.7-1 b Construction of the Project requires the implementation of control measures set forth under Regulation VIII of the San Joaquin Valley Air Pollution Control District (SJVAPCD) Fugitive PM10 Prohibition. The following mitigation measures are required to be implemented at project construction sits to maintain visible dust emissions (VDE) at less than 20 percent opacity as required by Regulation VII: · Because the project construction disturbance area will likely exceed ten (10) acres, a fugitive dust control plan as defined in Section 6.3.6 of SJVAPCD Rule 8021 shall be developed for APCD approval prior to grading. · A responsible individual trained in dust control shall be identified, and his/her name and contact information shall be conspicuously posted around the perimeter of any grading/construction areas, as well the phone number for the SJVAPCD complaint "hot line." · All grading areas shall be pre-watered sufficiently to create sufficient soil moisture to limit VDE to 20 percent opacity. · Work shall be phased to reduce the amount of simultaneous disturbance area as much as practical. Page 47 of 70 ~ 'i>JI.K¿:--9 () ~ ~ _ m t- .:) () ()RIŒNAL .--.,,-.-.-.-....-,. Exhibit C Statement of Facts and Findings GPAlZC 04-1012 · Water previously disturbed exposed surfaces (soil) a minimum of three- times/day or whenever visible dust is capable of drifting from the site or approaches 20% opacity. · Dust from all on-site and off-site unpaved access roads shall be effectively stabilized by applying water or using a chemical stabilizer or suppressant. · Reduce speed on unpaved roads to less than 15 miles per hour. · During construction, water shall be available at all times for application to active disturbance areas to limit VDE to 20 percent. · During construction, water or other dust suppressants shall be periodically applied to unpaved haul routes/access routes/staging areas for dust suppression at a frequency that maintains VDE at 20 percent or less. · Wind barriers may be constructed and maintained to assist in maintaining VDE at 20 percent or less. · Vehicular access shall be physically restricted to any disturbed areas during periods of inactivity. · A stabilized surface shall be established and maintained on any disturbed inactive surfaces as defined in Section 3.58 of Rule 8011. · Install and maintain a trackout control device that meets the specifications of SjVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicle with three or more axles · Stabilize all disturbed areas, including storage piles, which are not being actively utilized for construction purposes using water, chemical stabilizers or by covering with a tarp, other suitable cover or vegetative ground cover. · Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaki ng. · Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden). · Outdoor activity, except for dust suppression, shall cease when wind speeds cause VDE to exceed 20 percent on any substantial portion of the construction area. · Dust suppression shall continue during high wind events if physical safety of 'ò~,l\f5' J- '~ ;,.. - f- m Page 48 of 70 Õ r; ORIG'NAL Exhibit C Statement of Fads and Findings GPAlZC 04-1012 the equipment operator is not imperiled. · Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. · At least 6 inches of freeboard shall be maintained, and water shall be applied to the top of any load of bulk materials traveling to/from project construction sites, or the load shall be covered with a tarpaulin or fine mesh netting. · Dirt trackout shall be removed at the end of each workday using approved techniques or equipment. · A trackout control device shall be installed at any construction access/exit points if used by more than 20 trucks per day. · Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). · Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials. · Grading should be conducted in phases. · Project site shall not be cleared of existing vegetation cover until required by construction. · The Project developer shall revegetate graded areas as soon as it is feasible after construction is completed. 5.7-1c Prior to issuance of any building permits, Contractors and/or Developer shall submit a written statement to the City of Bakersfield Planning Department stating that they shall maintain records documenting compliance with all mitigation measures as required and shall make such records available to the SJVAPCD upon request. 5.7-1d Prior to the issuance of any building permits, Contractors and/or Developer shall submit a written statement that they would allow an authorized representative of the SJVAPCD to review construction equipment activity and mitigation measure records for the purpose of assuring compliance with the applicable requirements of these mitigation measures and all tract development requirements. Long-Term (Operational) Impacts 5.7-3 The Project would result in an overall increase in the local and regional pollutant load due to direct impacts from vehicle emissions and indirect irnpacts Page 49 of 70 « 'òAK$?, () ~ >- r- m _ r- .) () '11O!r.'NAl. Exhibit C Statement of Facts and Findings GPAlZC 04-1012 from electricity and natural gas consumption. With implernentation of recornrnended mitigation, combined rnobile and area source emissions would not exceed SJVAPCD thresholds for NOx and ROG. Analysis has concluded that impacts would be mitigated to a less than significant level. Facts SUDDortina Findina As a result of normal day to day activities occurring on the Project site after occupation, operational emissions would be generated by both stationary and mobile sources. Stationary source emissions would be generated by the consumption of natural gas for space and water heaters, and landscape maintenance equipment. Mobile emissions would be generated by the motor vehicles traveling to and from the Project site. URBEMIS2002 calculations were performed for Project build-out in the year 2010. Mitigation Measures 5.7-3a and 5.7-3b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.7-3a To reduce emissions from mobile sources, incorporate transportation control measures and design features into the Project. The below-listed control measures provide a strategy to reduce vehicle trips, vehicle use, vehicle-miles traveled, vehicle engine idling, and traffic congestion for the purpose of reducing motor vehicle emissions and are therefore required in order to achieve the necessary emission reduction. · The Project design shall comply with standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. · The developer shall position as many home sites as possible with a north/south exposure. · The developer shall ensure that all residential units are designed in compliance with SJVAPCD Rule 4901 regarding wood burning fireplaces and wood burning heaters. · Applicants shall be required to comply with applicable mitigation measures in the Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJVUAPCD. 5.7-3b To achieve a zero emissions from the proposed Project, mitigation programs such as, but not limited to the following, shall be considered by the subdivider: SJVAPCD Mitiaation Fund: Should the SJVAPCD implement an air quality mitigation program, the subdivider, could elect to participate as set forth below. · The Developer may provide emissions off-sets through participation in a voluntary emission reduction program (VERP) through the San Joaquiní'>AK~ J -9ó' '" ~ _ m Page 50 of 70 õ {; ORIŒNAL Exhibit C Statement of Facts and Findings GPAlZC 04- 1012 Valley APCD. The VERP would require the developer to enter into a binding agreement with the SJVAPCD that would require the SJVAPCD to: Review the air emission impact assessment protocol and quantification of emission estimates attributable to the Project. Acceptance of the estimated monetary value of the emission reductions to equal the emissions from the Project. Locate and implement the emissions reductions. Certify that the emission reductions have been made to the lead agency and the developer in the form of a certificate. · During the life of the Project, if the City of Bakersfield adopts an emissions mitigation program that provides equal or more effective mitigation than measures listed in this analysis, the developer may choose to participate in the City's program to mitigate air quality impacts. · The purchase of Banked Emission Reduction Credits (ERCs) would fully off-set the Project. ERCs, which have been approved by the SJVAPCD, are retained in the emission inventory for the air basin. Purchase and surrender of ERCs removes them from this inventory, thus fully off-setting the incremental increase to the emissions inventory from this Project. Therefore, the emissions inventory contained in the SIP and used for the AQAP would not increase as a result of this Project and the AQAP remains valid. · Should ERCs not be available or deemed as not being cost effective, the developer may provide off-sets through other means acceptable to the City Planning Department and approved by the SJVAPCD. · Fees paid to the SJVAPCD through an approved indirect source emissions fee program may be utilized to provide applicable off-sets for the proposed Project. BIOLOGICAL RESOURCES Short-Term (Construction) Impacts 5.8-1 Construction of the proposed Project would result in temporary impacts on biological resources in the Project area. Project adherence to all applicable construction minimization measures outlined throughout this EIR, would reduce impacts to less than significant levels. Facts SUDDortina Findina Grading activities would disturb soils and result in the accumulation of dust on the surface of leaves, trees, shrubs, and herbs. The respiratory function of the plants in the area would be impaired when dust accumulation is excessive. However, most of the vegetation on the Project site consists of non-native or agricultural species,. 'òAK¿::: Ò' ?'ó' ;,.. ~ f- m - ,.... Page 51 of 70 0 () ORIGINAL Exhi bit C Statement of Facts and Findings GPAlZC 04-1012 Implementation of standard dust suppression measures identified in Section 5.7, AIR QUALITY, would serve to reduce construction-related dust generation. Therefore, the indirect effect of impaired respiration by existing plant species on the Project site is considered less than significant. It is anticipated that noise levels on the Project site during construction of the proposed Project would likely increase above existing noise levels and then return to a lower level upon termination of the construction period. However, temporary increases in noise levels are unlikely to impact wildlife because resident animals are already acclimated to the high noise levels associated with nearby traffic, railroad operations, adjacent development, and adjacent industrial uses. Industrial uses adjacent to the Project site have permits that allow operations to occur from early morning to evening hours Monday through Saturday. The Project is not expected to result in wildlife displacement adjacent to the site due to increased noise disturbance. Therefore, Project-related construction noise impacts would be considered less than significant. Mitigation Measures 5.8-1a and 5.8-1e of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.8-1a Refer to the mitigation measures provided in Section 5.7, AIR QUALITY. 5.8-1b Construction vehicle speed limits shall not exceed 20 mph and shall be posted throughout the site for the duration of construction activities. 5.8-1 c During construction, all pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of San Joaquin kit fox. If not capped or otherwise covered, the openings shall be inspected twice daily in the morning and evening and prior to burial or closure, to ensure no kit foxes or other wildlife become entrapped or buried in pipes. 5.8-1d Excavations shall be provided with escape ramps or otherwise be covered to prevent entrapment, or the site shall otherwise be protected during construction through deployment of a wildlife exclusion fence, which would eliminate the possibility of ranging animals from being harmed during construction. Open excavations shall be checked twice daily, in the morning and evening, to preclude loss of wildlife from entrapment. 5.8-1 e Provide open culverts during construction to reduce vehicular mortality at fox crossing roads. Special Status Wildlife 5.8-3 Due to the existing on-site and surrounding land uses, potential irnpacts on special status wildlife species are not expected to occur. However due to the potential range of such species, conformance to the MBHCP would be required to reduce impacts to less than significant levels. Project adherence to all applicable mitigation measures would reduce impacts to less than significant levels. Page 52 of 70 « ~AKf?, () <1.;, ;,.. - I-- m - ,... o 0 ORIG!NAL Exhi bit C Statement of Facts and Findings GPA!ZC 04-1012 Facts SUDDortina Findina During the surveys conducted for the proposed Project, potentially suitable habitat for San Joaquin fox, burrowing owl, and the Swainson's hawk was observed adjacent to the property in adjacent fallow lands, along the railroad corridor, and along the sod berm boundary to the south of the Project site. Additionally, evidence of the presence of a burrowing owl was noted adjacent to the railroad tracks. Although the species was not observed during the survey period, individuals have the potential to occur on the Project site during the species migration period. No other species of concern were observed or expected to inhabit the Project site due to the lack of habitat and the intensity of farming activities. The Biological Report recommends that the applicant conduct pre-construction surveys for the San Joaquin kit fox, burrowing owl, and Swainson's hawk. Compliance with the MBHCP is intended to conserve entire communities and ecosystems. It is designed to offset impacts resulting from incidental take of listed species and the loss of habitat incurred through the authorization of otherwise lawful activities. Although not known to occur in the immediate vicinity of the proposed Project site, impacts on habitat for special status species protected by the MBHCP, including San Joaquin kit fox, will be mitigated through the payment of a one-time mitigation fee due and payable to the City of Bakersfield at the time grading plans are approved or building permits are issued. The mitigation fee, as previously mentioned above, is currently $1,240 per acre, although it may be increased in the future to keep pace with inflation. The mitigation fee will apply to the acres of all vegetation types directly impacted by the proposed Project. Implementation of the recommended mitigation measures would reduce these impacts to less than significant. Mitigation Measures 5.8-3a and 5.8-3f of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.8-3a At the time the building permits are issued, the Applicant must pay developer impact fees, including the MBHCP fee, of $1 ,240 per gross acre. 5.8-3b As required by the MBHCP take avoidance measures for San Joaquin kit fox dens, follow all agency guidelines regarding kit fox tracking and excavation to prevent entrapment of animals in potential dens. 5.8-3c Prior to construction, a qualified biologist shall conduct preconstruction surveys no less than 14 days and no more than 30 days prior to the onset of ground disturbing activities. The application shall follow the Standardized Recomrnendations for Protection of the San Joaquin Kit For Prior to or During Ground Disturbance, developed by the USFWS (USFWS 1999). The following measures have been taken from the USFWS and shall be implemented for this Project to reduce potential biological impacts to the San Joaquin kit fox to a less than significant level. Page 53 of 70 « 'ò~,K$?, () ~ ;,.. - I-- m - ,.... o () ORIGiNAL Exhibit C Statement of Facts and Findings GPA!ZC 04-1012 · Project related vehicles should observe a 20-mph speed limit in all Project areas, except on county roads and State and Federal highways. Nighttime construction should be minimized to the greatest extent possible. Off-road traffic outside of designated Project areas should be prohibited. · All excavated, steep-walled holes or trenches more than 2 feet deep shall be covered at the close of each working day, or provided with one or more escape ramps constructed of earth fill or wooden planks. Before such holes are filled, they should be thoroughly inspected for trapped animals. If at any time a trapped or injured kit fox is discovered, appropriate procedures must be followed. · All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at a construction site for overnight periods shall be thoroughly inspected for kit foxes before the pipe is buried, capped, used, or moved. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the USFWS has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity, until the fox has escaped. · All food-related trash items should be disposed of in closed containers and removed at least once a week from the construction or Project site. · No firearms shall be allowed on the Project site. · The prevent harassment, mortality of kit foxes or destruction of dens by dogs or cats, no pets should be permitted on the Project site. · A representative shall be appointed by the Project proponent who will be the contact source for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a dead, injured, or entrapped individual. The representative's name and telephone number shall be provided to the USFWS. · In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape, or the USFWS shall be contacted for advice. · Any contractor, employee(s), or military or agency personnel who inadvertently kills or injures a San Joaquin kit fox shall immediately report the incident to their representative. This representative shall contact the CDFG immediately in the case of dead, injured, or entrapped kit fox. The CDFG contact for immediate assistance in State Dispatch at (916) 445- 0045. They will contact the local warden or biologist. · The Sacramento Fish and Wildlife Office and CDFG will be notified in writing within three working days of the accidental death or injury of a San «,M¿: rJ ?'~ ;,.. - f- m Page 54 of 70 Ó r; ORIG!NAL ---. . ....~-- .,-_.-..-.._~ .,--.~_._-,--'_.,-_...._.._.-.. .--. Exhibit C Statement of Facts and Findings GPAIlC 04-1012 Joaquin kit fox during Project related activities. Notification must include the date, time, and location of the incident or of the findings of a dead or injured animal and any other pertinent information. The USFWS contact is the Chief of the Division of Endangered Species, 2800 Cottage Way, Suite W2605, Sacramento, CA 95825-1846, (916) 414-6620. The CDFG contact is Mr. Ron Schlorff at 1416 9th Street, Sacramento, CA 95814, (916) 654-4262. 5.8-3d Conduct preconstruction surveys before disking or ground disturbance to ensure that no burrowing owls are present on-site to ensure avoidance of direct take or accidental entrapment of burrowing owls. If nests are encountered, use agency-approved buffer zones and avoid nests until the young have fledged. Additionally, the following measures, taken from the Staff Report on Burrowing Owl Mitigation (CDFG 1995) should be followed in order to minimize impacts, preserve habitat, and reduce potential impacts to burrowing owls to a level of less than significant: · Occupied burrows shall not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist approved by the CDFG verifies through noninvasive methods that either: (1) the birds have not begun egg-laying and incubation; or (2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival. · To offset the loss of foraging and burrow habitat on the Project site, a minimum of 6.5 acres of foraging habitat per pair or unpaired resident bird, should be acquired and permanently protected. The protected lands should be adjacent to occupied burrowing owl habitat and at a location acceptable to the CDFG. Protection of additional habitat acreage per pair or unpaired resident bird may be applicable in some instances. The California Burrowing Owl Consortium has also developed mitigation gUidelines that can be incorporated by CEQA lead agencies and which are consistent with the Staff Report on Burrowing Owl Mitigation. While the MBHCP does not address burrowing owls as a covered species, the payment of the prescribed development impact fees will be utilized to acquire/enhance native habitat. These lands would be subsequently managed as conservation lands and would provide comparable benefits for the burrowing owl, as would the set-aside of 6.5 acres of foraging habitat. · When destruction of occupied burrows is unavoidable, existing unsuitable burrows shall be enhanced (enlarged or cleared of debris) or new burrows created (by installing artificial burrows) at a ratio of 2:1 on the protected lands site. · If owls must be moved away from the disturbance area, passive relocation techniques as described in the Staff Report on Burrowing Owl Mitigation should be used rather than trapping. At least one or more weeks will be necessary to accomplish this and allow the owls to acclimate to alternative burrows. Page 55 of 70 'òf\.K[1' J ~ >- fñ ...... ,.... ô (:; ()RIGlNAL Exhi bit C Statement of Facts and Findings GPAlZC 04-1012 . The Project sponsor should provide funding for long-term management and monitoring of the protected lands. The monitoring plan shall include success criteria, remedial measures, and an annual report on the CDFG. 5.8-3e Since a large portion (approximately 80 acres) of the lands are currently dedicated to alfalfa production that may be suitable foraging habitat for Swainson's hawks, pre-construction surveys shall be conducted to identify any individuals that may be nesting within 10 miles of the Project site. Mitigation measures reported in the Staff Report Regarding Mitigation for Impacts to Swainson's hawks (buteo swainsoni) in the Central Valley of California (CDFG 1994) shall be implemented during construction. 5.8-3f If any previously unidentified protected species that is not addressed in the MBHCP is found to be present, avoid the species and have it evaluated by a qualified biologist. Notify the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) of any previously unreported protected species. Any take of protected wildlife shall be reported immediately to the CDFG and USFWS. Long-Term Impacts 5.8-4 The proposed Project would result in permanent long-term impacts on biological resources compared to existing conditions. Less than significant impacts with incorporation of mitigation measures. Facts SUDDortina Findina The following impact analysis evaluates long-term implications of the proposed Project on biological resources. Wildlife Movement Due to the existing use of the site as an agricultural field, the proposed Project does not serve as a regional wildlife movement corridor. The consistent and frequent cultivation and maintenance activities associated with an active farmland are not ideal conditions for a wildlife movement corridor. Furthermore, the industrial uses to the east, and the residential neighborhoods to the north detract from the overall likeliness of wildlife movement in the area. It was indicated in the Biological Report that species may utilize the Stine Canal and the railroad right-of-way as a movement corridor. However, the Stine Canal will be realigned and no impacts to the railroad right-of-way are anticipated. Therefore, the use of the Canal will be temporarily impacted during relocation, however, the ability of the Stine Canal to act as a movement corridor will remain unchanged once construction is complete. Residential uses may increase the amount of traffic locally and the potential for vehicular mortality of threatened, endangered and other protected species, including migratory birds. Implementation of recommended mitigation measures would serve to reduce the significance of vehicular mortality rates. Page 56 of 70 '< 'ò"'K<S'-9 () <1:;, >- - I- m ~ ,.... o 0 "RIGINAL Exhibit C Statement of Facts and Findings GPAlZC 04-1012 Noise The completed Project would result in increased traffic volumes and noise levels that would presumably increase over present levels as the traffic and occupancy increases. However, noise levels are already relatively high on the Project site, with industrial uses east of the site, traffic on adjacent roads and rail operations on the Sunset Railroad along the east perimeter of Site 1 and the west perimeter of Site 2. Therefore, the permanent noise increase resulting from the proposed Project would be considered less than significant in regards to wildlife. Night Lighting Night lighting would increase due to car headlights and project related parking and night lighting during and after completion of the proposed Project. Lighting associated with car headlights would not be present throughout the night and most of the light would not stray onto adjacent properties. Additionally, the night lighting proposed for the Project is designed to reduce stray light into adjacent areas. Resident animals are already acclimated to existing lighting associated with the adjacent development, roadways, and indust¡'ial uses in the region. Refer to Section 5.4, AESTHETICS/LIGHT AND GLARE, for measures to reduce light spill over. Therefore, Project-related night lighting would be considered less than significant. Food Waste and Garbage Extensive litter frequently accumulates around residential developments. The San Joaquin kit fox and other animals may eat plastic sandwich bags or other non-food garbage items that may result in their death. Solid waste debris and litter may also accumulate and become a fire hazard. Both waste and fire can have adverse effects on wildlife habitats. In addition, solid waste may attract coyotes from the adjacent agricultural areas that could impact the presence of urban San Joaquin kit fox. The provision to include covered litter barrels at appropriate location would serve to reduce this impact to less than significant levels. Mitigation Measures 5.8-4a and 5.8-4b of the Final EIR reduce impacts below a level of significance. These measures are as follows: 5.8-4a Lighting shall be shaded or shielded and directed down and away from adjacent agricultural areas to minimize increased predation of species that may be using the adjacent agricultural fields. Refer to Section 5.4 AESTHETICS/LIGHT AND GLARE, regarding light spillover and glare mitigation measures. 5.8-4b All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting ranging kit fox or other animals to the site where they may be harmed. CULTURAL RESOURCES Archaeological Resources Page 57 of 70 <QMt-'9 ¿¡ ~ >- ñí f- r-- Ô 0 ORIG!NAI Exhibit C Statement of Facts and Findings GPAlZC 04-1012 5.9-1 Implementation of the proposed Project may cause a significant irnpact to unknown archaeological or historical resources on-site. Implementation of the recomrnended mitigation measures would reduce impacts to unknown archaeological resources to a less than significant level. Facts SUDDortina Findina No potentially significant cultural resources were identified on-site or adjacent to the proposed Project. Similarly, no resources were identified in the proposed Project during previous studies that involved the Project area. The Stine Canal represents the only recorded cultural resource within the Project site. However, the Stine Canal is not included in, nor appear to be eligible for inclusion in the NRHP (under the National Environmental Policy Act [NEPA] or the CRHR (under CEQA). Since the Stine Canal appears to be a contemporary feature and does not meet the definition of a cultural resource, the Stine Canal does not appear to be of significant importance. Therefore, the Project will not adversely affect any known cultural resources that are included in or appear to be eligible for inclusion in the NHRP or the CRHR. As indicated above, the Project site is included in an area that was historically inhabited and important to people during the prehistoric era. It is possible that erosional or depositional processes, along with the use of the Project site for agricultural uses have obscured cultural remains that may be present. While it is unlikely that significant village or habitation sites exist within the area, there is always the potential, regardless of how remote, that cultural resources may yet be unearthed during construction. Ground-disturbing activities for the Project may involve grading for construction and the excavation of the Stine Canal for relocation and abandonment of the Section 31 Ditch. Therefore, implementation of the proposed Project has the potential to disturb or destroy undocumented archaeological or historical resources. Measures such as proper monitoring of Project grading activities and testing of any resources found as a result of Project development would reduce potential impacts to undocumented archaeological resources to less than significant levels (refer to Mitigation Measures 5.9-1a and 5.9-1b). Mitigation Measures 5.9-1a through 5-9-1c of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.9-1a A qualified archaeological monitor shall be retained to examine earthwork spoils generated during reconstruction of the Stine Canal to ensure that any buried cultural resources are recognized and properly identified. If archaeological resources are discovered the contractor shall stop all work and the archaeological monitor shall evaluate the significance of the finding and appropriate course of action. 5.9-1 b If archaeological resources are discovered during excavation and grading activities on-site, the contractor shall stop all work and the City shall retain a qualified archaeologist to evaluate the significance of the finding and appropriate course of action. Salvage operation requirements pursuant to ~AKf?, r5 ~ >- - Page 58 of 70 1- ~ C) t:J 'It1If.;iNAL Exhi bit C Statement of Facts and Findings GPNZC04-1012 Section 15064.5 of the CEQA Guidelines shall be followed and the treatment of discovered Native American remains shall comply with State codes and regulations of the Native American Heritage Commission. 5.9-1 c If human remains are discovered as a result of the Project during any earth removal or disturbance activities, all activity shall cease immediately, the Kern County Coroner's Office must be notified immediately under state law, and a qualified archaeologist and Native American monitor shall be contacted. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. PUBLIC SERVICES AND UTILITIES Fire Protection 5.10-1 Implementation of the proposed Project will not result in the need for additional fire facilities or personnel. Compliance with fire safety standards and requirements would reduce potential impacts to less than significant levels. Facts SUDDortina Findina The proposed Project has the potential of having short-term construction-related impacts. If during construction there is a need to redirect traffic or block access routes or residential streets, this could result in potential delays to emergency response times. This temporary impact would not be considered significant, however, mitigation measures pertaining to coordination during construction are provided to reduce impacts to less than significant levels (refer to Section 5.5, TRAFFIC AND CIRCULATION). Additionally, compliance with fire safety standards and requirements such as sprinkler systems, fire alarms, emergency access and adequate fire flow at public and on-site hydrants would be required during the plan check process and would reduce impacts to less than significant levels. Any development on-site shall be subject to the provisions of the Uniform Fire Code and local amendments, Title 19, 22, and 27 of the California Safety Code Regulations, the Bakersfield Municipal Code, and the National Fire Prevention Association Standards. Mitigation Measures 5.10-1a through 5.10-1c of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.10-1a Future development projects shall be reviewed by the City and County of Bakersfield Fire Departments. Specific Department requirements for access, fire flow, hydrants, or other fire and life safety requirements shall be addressed at the subsequent property entitlement phase. 5.10-1b Residential projects shall meet fire-flow requirements in accordance with relevant City building codes, City fire codes, and the requirements of the Kern County Fire Department 0. I<Kl' <i. v -1' () ~ >- - r- m Page 59 of 70 Õ [; ORIGiNAL - ."--. .._"~..._-,.-_._-,._-----.- - _._-----"..--_._._---._~-~-~"..- <,.-,-..---.-,-.-,'-..--.- .-. Exhibit C Statement of Facts and Findings GPAlZC 04-1012 5.10-1c Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term construction mitigation measures. Police Protection 5.10-2 Implernentation of the proposed Project will not result in the need for additional police facilities or personnel. Irnpacts are reduced to less than significant levels with compliance with City standards. Facts SUDDortinq Findinq Similar to the fire protection services, the proposed Project has the potential of having short-term construction related impacts. If during construction, there is a need to redirect traffic or block access routes or residential streets, this could result in potential delays to police response times. Furthermore, construction areas may require additional police monitoring throughout the duration of Project construction both during day and nighttime periods. These temporary impacts would not be considered significant, however, mitigation measures pertaining to coordination during construction are provided to reduce impacts to less than significant levels (refer to Section 5.5, TRAFFIC AND CIRCULATION). Mitigation Measure 5.10-2 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.10-2 Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term construction mitigation measures. Schools 5.10-3 Development of the Project site would generate additional students beyond existing conditions. Impacts are reduced to less than significant with implernentation of required mitigation measures. Facts SUDDortina Findina The Project site falls within the boundaries of the Ridgeview High School, within the Kern High School District. Ridgeview High School is currently over enrollment levels. Student generation factors within the Kern High School District are 0.2293 students per single-family residential unit. Therefore, the development of the proposed Project would generate students beyond existing conditions and would require additional school facilities to serve the increased population. The fees assessed against new development for schools equal 35 percent of the statutory $2.24 per square foot for single-family detached housing. The development of the proposed Project would generate additional students beyond existing conditions and would require the construction of additional school facilities to serve the increased population. Additionally, the proposed Project would be required ~þ.Kl:: to contribute development impacts fees to the school districts in accordance with t~ -9<1' '" ;,.. ~ 1:: f!! o 0 Page 60 of 70 ORIGINAL Exhibit C Statement of Facts and Findings GPNZC04-1012 above-mentioned standards and policies. Mitigation Measure 5.10-3 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.10-3 Prior to issuance of a building permit for any residence within the Project area, the applicant shall pay fees to the Lakeside School District in the amount of $91.90 per residential unit and $51.69 per parcel of undeveloped property. Additionally, there are developer school impact fees levied at $2.24 per square foot of residential construction and $0.36 per square foot of commercial and industrial development within the boundaries of the District; the current fees the Project Applicant shall pay to the Kern County High School District are 35% of the statutory $2.24 per square foot for single- family detached housing. Parks and Recreation 5.10-4 Development of the Project site would create additional dernand on Parks and Recreation facilities. Analysis has concluded that although impacts are less than significant, the Project shall be subject to Bakersfield Municipal Code requirements for Parks and Recreation facilities. Facts SUDDortina Findina According to the City of Bakersfield Recreation and Parks Department no existing city maintained parks or recreational facilities are located within Y:i-mile of the Project site. Additionally, the city indicated that no proposed facilities are planned for future development and no impacts associated with the proposed Project are anticipated. The applicant shall be required to either dedicate land, or pay in lieu fees pursuant to Bakersfield Municipal Code Section 15.80 which requires developers of new residential uses to provide 2.5 acres of land per population projections of 1,000 persons, based on fair market value. The proposed Project is anticipated to increase the population within Metropolitan Bakersfield by 1,485 people. Therefore, based upon the dedicated land ratio, an approximate ten acre park site could be dedicated or the applicant shall pay a park development fee of $1,275 per each new residential unit. The fee shall be paid before any grading or other land disturbance occurs on the site, or before any building permits are issued. The proposed Project shall be required to be annexed into a maintenance assessment district for the maintenance of all street, median, and sump frontage landscaping as well as for the maintenance of parks. Mitigation Measure 5.10-4 of the Final EIR reduces impacts below a level of significance. The measure is as follows: Page 61 of 70 « 'òM("1' o <!;, >- - f- m ~ r- o () ORIGINAL Exhibit C Statement of Facts and Findings GPNZC04-1012 5.10-4 In accordance with an ordinance of the City of Bakersfield, land must be dedicated for park uses by the developer of new residential subdivision projects at a standard of 2.5 acres per 1,000 persons, or the developer must pay in-lieu fees of $1,275 per residential unit. Water Resources 5.10-5 Implementation of the proposed Project would not require the expansion of existing water distribution or supply facilities within the project area. Less than significant impact with incorporation of mitigation measures. Facts SUDPortina Findina According to the City of Bakersfield Water Resources Department, one 16" mainline stub-out pipeline is present on the western side of Buena Vista Road, terminating approximately 300 feet south of Panama Lane and 53 feet west of centerline of Buena Vista Road. Two othor 16" mainline stub-out pipelines are present along the east of Gosford Road. 2 feet west of the right of way limit and terminated at the south right of way of Panama Lane and the other is located on the west side of Old River Road, two feet east of the west right of way, approximately 14 mile north of Panama Lane. Implementation of the proposed Project would not require expansion of the existing water supply facilities, as no current deficiencies exist. However, extension of the water district facilities will be required in order to serve the project. Mitigation Measure 5.10-5 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.10-5 Prior to filing a final tract or parcel map, the developer/owner shall record a covenant for each lot in the subdivision that prohibits the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. Additionally, the developer/owner shall pay City fees for inspection of installation of water facilities and City Water Availability Fees. Payment of fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of each phase of the Project, based on the percentage of the gross acreage contained in the particular phase to be accepted and recorded, as compared with the total gross acreage within the entire Project. All water main, service connections, and fire hydrants shall be installed by the developer and dedicated to the City. Plans and specifications for such water mains and appurtenances shall be prepared by andlor approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. Solid Waste/Landfills 5.10-7 Implementation of the proposed Project would not result in increased demand for solid waste services. Short-term construction irnpacts resulting frorn construction debris would increase solid waste on a temporary duration. With implementation of applicable recycling prograrns, impacts would be reduced to less than significant levels. Page 62 of 70 « 'òI\K<S'?, o <! >. - '::"- ; v ORIG!NAC Exhibit C Statement of Facts and Findings GPA!ZC 04-1012 Facts SUDDortina Findina Implementation of the proposed Project would not result in the increased demand for solid waste services. The Project will generate construction debris on a short-term temporary basis during construction. The Project also proposes a limited amount of deconstruction to accommodate the proposed improvements and the anticipated deconstruction materials and raw construction debris are not anticipated to be significant. The County charges up to $36 per ton fee at landfills for disposal of construction waste. Recycling of construction debris would reduce potential waste to landfills in the County and contribute to the recycling goals set forth by the City of Bakersfield and AB 939. Project implementation would therefore not adversely impact existing landfill capacities. Mitigation Measure 5.10-7 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.10-7 All construction debris and construction-related debris shall be separated into recyclable and nonrecyclable items to the greatest extent possible. All recyclable debris shall be transported to appropriate recycling facilities so as to reduce waste disposed at County landfills. To the maximum extent possible, recyclable materials and materials consistent with the waste-reducing goals of the City shall be used for all aspects of construction. VIII. FINDING REGARDING INFEASIBILITY OF MITIGATION MEASURES FOR SIGNIFICANT IMPACTS The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to Public Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (aX3) that (i), that specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures identified in the Final EIR and, therefore, the Project will cause significant unavoidable impacts in the category of Aesthetics, Light and Glare. AGRICULTURE Loss of Agricultural Land 5.2-1 Development of the proposed Project would convert prime farmland to nonagricultural uses. The irreversible cornmitment of prime agricultural land to nonagricultural uses is considered a significant and unavoidable Project impact. Facts SUDDortino Findino The Project's Agricultural Conversion Study utilized the California Land Evaluation and Site Assessment Model (LESA) to aid in determining the significance of the proposed Project's conversion of agricultural lands. LESA provides guidelines for rating the ~ ~P.Kf?, () ~ ;,.. Page 63 of 70 '::: J!! o () ORIGINAL Exhibit C Statement of Facts and Findings GPNZC 04-1012 relative quality of land resources based on specified measurable features. Additionally, it is intended "to provide lead agencies with an optional methodology to ensure that significant effects on the environment of agricultural land conversions are quantitatively and consistently considered in the environmental review process". The LESA comprises two categories, Land Evaluation (Land Capability Classification [LCG] and Storie Index Rating) and Site Assessment (project size, water resources, surrounding agricultural lands, and protected resource lands). The following describes each category and the on-site scores (any site that scores between 80 to 100 points is to be significant): Land Evaluation The LCC analyzes suitability of soils for most kinds of crops. Determinations are made according to the limitations of the soils when used to grow crops and the risk of damage to soils when they are used in agriculture. The Storie Index provides a numeric rating (out of 100 points) of the relative degree of suitability of value of a given soil for intensive agriculture. The three soil types that occupy the Project site are the Cajon sandy loam, Kimberlina fine sand loam, and Kimberlina fine sandy loam saline alkali. All three-soil types are common in the area and provide suitable conditions for agriculture. Based on the LESA analysis, the Project site has a LCC score of 89.9 and a Storie Index Rating of 87.325 (prime farmland must receive a Storie Index score between 80 and 100). The Land Evaluation subtotal is 44.3 out of 50. Site Assessment The Site Assessment provides information on size, water availability, and surrounding land uses. The Project produces a project size rating of 15; water resource availability rating of 13.5; a surrounding agricultural lands rating of 7.5; and a protected resource lands rating of 0.0. The combined Site Assessment score is 36.0. The LESA score for the proposed Project site is 80.3 out of 100, which constitutes a significant agricultural land classification for the site. The Metropolitan Bakersfield General Plan EIR indicates that forecast growth within the City is anticipated to result in the direct removal of a substantial amount of prime agricultural land from production. This direct conversion of farmland to nonagricultural uses is anticipated to result in secondary impacts upon agricultural operations (e.g., restrictions and limitations such as noise attenuation standards, air pOllution control measures, and pesticide and fertilizer application practices) located at the proposed urban-agricultural land use interface. Additionally, according to the Metropolitan Bakersfield General Plan EIR, the Project site is located on land designated as prime farmland and the conversion of prime agricultural land to urban uses would be considered a significant and unavoidable impact because the proposed conversion would represent a substantial irretrievable commitment of a limited agricultural resource. If an agency strives to restrict growth or create programs similar to the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) which would serve to mitigate impacts to agricultural lands on a project-by-project basis, the land use planning 'QMt?, J ó' "" Page 64 of 70>- m '::: r- ,:) 0 ()RIGINAL Exhibit C Statement of Facts and Findings GPNZC 04-1012 agency, in this case the City of Bakersfield has the opportunity during the general planning process to design and establish such a mitigation fee program or agricultural preservation program. The General Plan update process is the applicable mechanism to consider candidate City-wide programs to address these issues and not as part of the current Project. The existing General Plan's goals and policies, while anticipated to decrease the rate of the conversion of agricultural land to non-agricultural uses and encourage the conservation of agricultural resources, based on the area's trend toward farmland conversion and the General Plan's forecasted growth, this impact would not be entirely avoided. As mentioned above, the Metropolitan Bakersfield General Plan identifies goals and policies that are intended to provide for the planned management, conservation, and wise utilization of agricultural land within the Planning area. While these goals and policies can reduce significance of the impact of converting prime farmland to nonagricultural uses, without a viable implementation program or other regulatory mechanism in place, the impact on prime farmlands continues to be significant and unavoidable. Cumulative Impacts 5.2-4 Development of the proposed Project, as well as the buildout in accordance with the City's General Plan, would result in the curnulative loss of farrnland. Implementation of the proposed Project would result in significant and unavoidable cumulative impacts on agricultural resources. Facts SUDDortina Findina According to the Metropolitan Bakersfield General Plan EIR, the conversion of agricultural land to other uses due to development in and around Bakersfield is considered a significant and unavoidable cumulative impact. The forecast growth in Metropolitan Bakersfield is anticipated to occur at the urban fringes of the City and will result in the direct removal of a substantial amount of prime agricultural land from production. Although the Metropolitan Bakersfield General Plan has various Land Use policies that direct development to encourage site compatibility with surrounding uses, the cumulative loss of prime agricultural land results in a significant and unavoidable impact. The Metropolitan Bakersfield General Plan EIR also acknowledges that some of the Williamson Act contracted lands within the Metropolitan Bakersfield Planning area will be lost to future development. The Agricultural Conversion Study concluded that the presence of infrastructure as well as existing, current, and future developments adjacent to the proposed Project is not precedent setting and is considered appropriate for the conversion of farmland to residential uses as proposed. Given the site's location within the City's SOl (which is considered the ultimate urban boundary for buildout of the City), the proposed Project would not result in greater impacts on Williamson Act lands than previously identified in the Metropolitan Bakersfield General Plan EIR. Notwithstanding this conclusion, Project implementation when combined with the potential loss of other contracted lands within the Planning area, over time, remains a signific¡mt and unavoidable impact. Page 65 of 70 ;,.. >::: , 'ò~Kl:',(, <Y ''(r "" m ,... 'J () 0RIGINAL _...~_.. -.-........., ,.------.'----.--. --. ,_.~_...-.--_.. Exhibit C Statement of Facts and Findings GPNZC04-1012 AESTHETICS, LIGHT, AND GLARE Cumulative Impacts 5.4-4 Project development, together with cumulative projects, rnay result in greater urbanization and the loss of views in undeveloped areas of the southwestern portion of the City of Bakersfield. Unavoidable Significant Impact. The Metropolitan Bakersfield General Plan EIR identified an unavoidable adverse aesthetic irnpacts, with buildout of the General Plan. Facts SUDDortina Findina Construction of currently approved and pending projects in the Project vicinity would permanently alter the nature and appearance of the area through loss of agricultural and open space areas. As development occurs throughout the Project area, residents and visitors in the area would notice the visual effects of urbanization. The significance of these visual and aesthetic changes is difficult to determine, because aesthetic value is subjective and potential impacts are site specific. Security and street lighting would introduce light and glare potential to the area. Impacts are typically mitigated separately for each project. Cumulative impacts can be mitigated to less than significant levels with use of building materials that are consistent with the general character of the area, landscaping design, and proper lighting techniques to direct light on-site and away from adjacent properties. Pages 5.3 and 5.4 of the Metropolitan Bakersfield General Plan EIR state that development in accordance with the General Plan would convert existing open space to urban uses, resulting in the incremental loss of open space within Bakersfield. This conversion was considered an unavoidable adverse impact, for which a statement of overriding considerations was adopted. The agricultural land use designation contained on the Project site was in effect at the time the General Plan EIR was certified. The Project proposes amendment to the General Plan to allow development of urban uses on the site. As such, the Project, together with cumulative development in southwestern Bakersfield, would exceed the EIR assumptions and conclusions and would contribute additional impacts not previously anticipated in the General Plan EIR. This exceedance constitutes a significant and unavoidable cumulative impact related to aesthetics, light, and glare. IX. FINDING REGARDING ALTERNATIVES The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to Public Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3) that (i) the Final EIR considers a reasonable range of project alternatives and mitigation measures and (ii) specific economic, location and/or other considerations make infeasible the alternatives as follows: No Project Alternative Page 66 of 70 industrial « \()ÂKf1: () <!;, ;,.. - f- m _ r- o 0 ORIG'NAI The No Project Alternative undertakes no residential, commercial, or Exhibit C Statement of Facts and Findings GPNZC 04-1012 improvements within the Project site. This Alternative serves as the baseline against which to evaluate the effects of the proposed Project and other project Alternatives. The No Project Alternative would produce no immediate environmental impacts; consequently, no mitigation would be required. The "No Project/No Development" Alternative would not result in any of the environmental impacts associated with the annexation and ultimate development of the Project site. This Alternative would avoid potential impacts resulting from alteration of the Project site's physical characteristics and future development. Maintaining the Project site in its existing condition would also eliminate potential impacts to agriculture, public health and safety, aesthetics, traffic and circulation, noise, air quality, biological resources, any unknown cultural resources, and public services and utilities. Implementation of the No Project Alternative would avoid the environmental impacts identified for the proposed Project, however, this Alternative would not preclude the potential for development of the Project site at some future date. The development of this site and the surrounding areas has been envisioned in local and regional planning documents. Given the level of existing and planned development in southwest Bakersfield, it may be anticipated that the development of the Project site would be proposed for construction at a future date. The No Project Alternative was rejected as not being environmentally superior to the proposed Project. The No Project Alternative does not meet the Project objectives. This Alternative would also be inconsistent with the General Plans for the City of Bakersfield and County of Kern. "No Project/Existing General Plan and Zoning Designations" Alternative The "No Project/Existing General Plan and Zoning Designations" Alternative assumes that the proposed annexation, GPA and zone change would not be implemented and the existing on-site land use designation would remain. Although this Alternative would allow for the development of approximately 5.5 single-family dwelling units (maximum 1.0 dwelling unit per 20 acres), pursuant to §15126(d)(4) of the State CEQA Guidelines, this Alternative scenario is focused on the existing conditions, as well as what would be "reasonably" expected to occur in the foreseeable future if the Project were not approved, based on current plans and consistency with available infrastructure. This Alternative, when compared to the proposed Project, would not require a General Plan Amendment or zone change. This Alternative would be consistent with land uses identified in the General Plan and Zoning Ordinance, and would not modify the existing City corporate boundaries. Implementation of this Alternative would substantially reduce the number of dwelling units; therefore, the development intensity and subsequent land use impacts would be less when compared to the proposed Project. Although implementation of the "No Project/Existing General Plan and Zoning Designations" Alternative would be consistent with the existing General Plan designation for the Project site and would result in a decrease in impacts related to all Page 67 of 70 '< 'òMf>9 () "-!;, ;,..- t- m _ r- o 0 ORIG'NA.! Exhibit C Statement of Facts and Findings GPNZC 04-1012 environmental issue areas, the significant reduction in residential units would only partially meet the stated Project objectives. Therefore, this alternative has been rejected from further consideration. "Estate/Residential Densities" Alternative Under the "Estate/Residential Densities" Alternative, the Project site would be developed to the maximum intensity allowed under the General Plan Estate/Residential land use designation (maximum 1.0 dwelling unit per net acre). Development in accordance with this land use designation would result in the construction of 110 single-family dwelling units. The "Estate/Residential Densities" Alternative would decrease impacts, except on public health and safety; aesthetics, light, and glare; biological resources; and cultural resources. However, because of the significant reduction in residential units, the "Estate/Residential Densities" Alternative would only partially meet the Project objectives. Thus, this Alternative was rejected. "On-Site" Alternative The "On-Site" Alternative assumes that the proposed residential development Project, including the GPA, ZC, and annexation into the City's boundaries, would be implemented on either Site 1 or Site 2, only. Additionally, this Alternative assumes that existing land use on the site not proposed for development would remain unchanged, and, as such, would remain under active agricultural cultivation. Under this Alternative, only one site of the total Project site will be developed, therefore, environmental impacts would occur solely on that site. The other site would remain unchanged under this Alternative, and therefore few or no environmental impacts would occur to the undeveloped site. Additionally, it is important to realize that existing environmental conditions, including those that may either be defined as adverse or significant, would continue to prevail on the undeveloped site. The "On-Site" Alternative would decrease impacts, except on aesthetics, light, and glare; biological resources; and cultural resources. However, because of the significant reduction in residential units, the "On-Site" Alternative would only partially meet the Project's objectives. Thus, this Alternative was rejected. "Alternative Site" Alternative To respond to the criteria for lessening the effects in comparison to those of the Project, three nearby sites have been identified. The sites would be consistent with the Project objectives and with the Metropolitan Bakersfield General Plan goals and policies for efficient and orderly development. As shown on Figure 7 -1 ALTERNATIVE PROJECT SITE LOCATIONS, these sites are: . Alternative Site Location 1: Sections 3 and 34, located east of the proposed Project site and Ashe Road, to the north and south of Taft Highway (State Route 119). . Alternative Site Location 2: Section 29, located north of the proposed Project, southeast of the Panama Lane/Old River Road intersection. Page 68 of 70 « 'òM~:s> () ~ ;,.. - f- m _ r- o 0 ORIGiNAl Exhibit C Statement of Facts and Findings GPAlZC 04-1012 . Alternative Site Location 3: Section 30, located west of the proposed Project site, east if Buena Vista Road and north of McCutchen Road. Based on the above criteria, there are no contiguous parcels within the site vicinity of equal or greater size suitable for the proposed Project. The three alternative sites do not offer appropriate zoning or availability. Alternative Site 1 currently consists of active agricultural fields. The site maintains similar environmental constraints as the proposed Project site however, Centex owns this property and is currently undergoing the processes (EIR and pending Annexation) required to develop the site. Therefore, this Alternative Site is not feasible for the proposed Project because future residential development would be of a greater magnitude than would be suitable for the existing land use designations that currently occupy this Alternative site. Site 2 consists of fallow agricultural uses. Several residential structures are present within the boundaries of Site 2. The topography and environmental constraints of Site 2 are similar to those present within the Project site. Although the site conditions would be favorable and feasible for development of the proposed Project, Site 2 is currently undergoing the processes required for development by S&S Homes. Therefore, the development of up to 498 residential units as allowed by the proposed Project would not be suitable for this Alternative site due to its existing land use designations and because the site is not available to be acquired for development by the applicant. Alternative Site Location 3 is located within Metropolitan Bakersfield, adjacent to the south and outside of the City's Sphere of Influence. The majority of the site is undeveloped, suitable for residential development, and located in the southwestern quadrant of the City. This Alternative site consists of fallow agricultural fields. Several structures are present within Site 3. The on-site topography and environmental constraints are similar to those of the Project site. However, the site is currently undergoing annexation into the City by Pascoe and Lennar Homes. Therefore, the development of up to 498 residential units as allowed by the proposed Project would not be suitable for this Alternative site due to its existing land use designations and because the is available to be obtained for development by the applicant. Environmentally Superior Alternative The purpose of the Alternatives evaluation is to develop Project Alternatives that reduce or eliminate significant impacts. CEQA Section 15126(d)(2) indicates that, if the "No ProjecUNo Development" Alternative is the "Environmentally Superior" Alternative, then the EIR shall also identify an Environmentally Superior Alternative among the other Alternatives in this case. The "No ProjecUNo Development" Alternative (Existing Conditions) is the environmentally superior Alternative, as it would not result in environmental impacts associated with construction. However, the "No ProjecUNo Development" Alternative would not satisfy the Project's objectives. The "No ProjecUExisting General Plan and Zoning Designations" Alternative would allow buildout of the Project area under the existing general plan and Page 69 of 70 zoning 'ù/>,Kf ~ '0) >- .~ I-- m _ r- o 0 ORI(:;'NAI Exhibit C Statement of Facts and Findings GPAlZC 04-1012 designations. Although this alternative results in reduced environmental impacts while allowing partial development of the site, this alternative does not entirely fulfill the Project's stated objectives and is therefore rejected as an environmentally superior alternative. The "Alternative Site" Alternative would create impacts similar to those of the proposed Project. Although most of the City's objectives would be achieved, the three Alternative sites lack the topographic and elevation needed to fulfill the intent and purpose of the proposed Project and, in some cases, the existing land use designations do not reflect a favorable site for residential development of the magnitude proposed by the Project. The "Estate/Residential Density" Alternative would have similar adverse impacts on public health and safety; aesthetics, light and glare; biological resources; and cultural resources. However, this Alternative would have lesser impacts on land use, geology and soils, hydrology and water quality, traffic and circulation, noise, air quality, and public services and utilities would be reduced, while meeting the proposed Project's objectives to some degree. Based on the reasons stated above, the proposed Project is the environmentally superior Alternative because no other Alternative feasibly achieves the objectives of the Project and avoids the potentially significant impacts of the Project. MO:djl S:\GPA 3rd 2005\04-1012 McCutchen 3 EIRIx Findings of Facts.doc Page 70 of 70 ,<~M(~ () ~ >- r m - ,.... o () ORIGINAl EXHIBIT D Statement of Overriding Considerations ~ 'ò~,K~ () ú> )... ~ I-- m - ,.... o () ORI(.:INA! EXHIBIT D STATEMENT OF OVERRIDING CONSIDERATIONS GPAlZC 04-1012 Pursuant to Section 15093 of the CEQA Guidelines, decision-makers are required to balance the benefits of a project against its unavoidable environmental risks in determining whether to approve a project. In the event the benefits of a project outweigh the unavoidable adverse effects, the adverse environmental effects may be considered "acceptable". The CEQA Guidelines require that, when a public agency allows for the occurrence of significant effects which are identified in the Final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons the action was supported. Any statement of overriding considerations should be included in the record of project approval and should be mentioned in the Notice of Determination. To the extent the significant effects of the project are not avoided or substantially lessened to a level of insignificance, the City of Bakersfield, having reviewed and considered the information contained in the Final Environmental Impact Report for the project, and having reviewed and considered the information contained in the public record, and having balanced the benefits of the project against the unavoidable effects which remain, finds that such unmitigated effects to be acceptable in consideration of the following overriding considerations discussion. The City finds that all feasible mitigation measures have been imposed to lessen project impacts to less than significant, and furthermore, that alternatives to the project are infeasible because they have greater environmental impacts, do not provide the benefits of the project, or are otherwise socially or economically infeasible as fully described in the project findings. The environmental analysis undertaken for the McCutchen Annexation Project indicated the Project would result in contributions to aesthetic (long-term and cumulative) and agricultural (loss of agricultural lands and cumulative) impacts that would represent a significant adverse environmental effect on a project basis. The City of Bakersfield, as Lead Agency and decision-maker for the Project, has reviewed and considered the information contained in both the Draft and Final EIRs prepared for McCutchen Annexation Project and the public record. The project benefits include the following: Accommodate anticipated housing demand within the City of Bakersfield's SOl through the orderly expansion of its boundaries. Create a variety of housing opportunities in an area of varied terrain, views and open space. Provide a residential community that is compatible with existing and planned land uses in the area. Provide a local street network that contributes to the quality and safety of residential neighborhoods. The Lead Agency makes the following finding, pursuant to Section 15093 of the CEQA Guidelines, with regard to the Statement of Overriding Considerations for the McCutchen Annexation Project: Page 1 of 2 <" 'QÞ>Kf1 () ~ ;,.. - I-- m _ r- o 0 ORIr.INAI Exhibit D Statement of Overriding Considerations GPAlZC 04-1012 California Administrative Code, Title 14, Section 15093(a) states: "If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable'." Based on the above discussion and on the evidence presented, the City of Bakersfield therefore finds that the benefits of the proposed project outweigh the adverse aesthetic, light, and glare (long-term and curnu/ative) and agricultural (loss of agricultural lands and cumulative) impacts associated with McCutchen Annexation Project, which cannot be eliminated or reduced to a level less than significant. MO:djl S:\GPA 3rd 2005\04-1012 McCutchen 3 EIRIx Statement of Overriding .doc Page 2 of 2 « 'òþ../(~?, () ~ >- r- - ,.... û 0 r":¡rr.IIIIA! m EXHIBIT E Mitigation Monitoring and Reporting Program « 'òÞ./(f", () (J> ;,.. "" I-- m - ,.... o () ORIG!NAL N .... o ~~ "'0:: 00 On. ~~ n.~ C>o zc( On. -:I ~- ~ W Z Z c( Z W :I: o ~ :J o o :::2 ...J c( ~ Z w :I z o 0:: :;: Z W l- t/) ::::¡ ~ o W :I: o C) z ~ a:: o a.. w a:: o z c( C) z it: o I- Z o :E z o ~ C) ¡::: :E CD U c .! is. 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