HomeMy WebLinkAboutRES NO 265-05
RESOLUTION NO.
'265-05:
RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO.
03-1528, AN AMENDMENT TO THE LAND USE AND
CIRCULATION ELEMENTS OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, GENERALLY BOUNDED BY
PANAMA LANE TO THE NORTH, OLD RIVER ROAD TO THE
EAST, SOUTH ALLEN ROAD (UNIMPROVED) TO THE WEST,
AND TAFT HIGHWAY (STATE ROUTE [SR] 119) TO THE SOUTH.
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, OCTOBER 3,
2005 and THURSDAY, OCTOBER 6, 2005 on General Plan Amendment No. 03-1528 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, PB Ventures LLC made application for a general plan amendment for property
bounded by Panama Lane to the north, Old River Road to the east, South Allen Road (unimproved) to
the west, and Taft Highway (State Route [SR] 119) to the south, as shown in attached Exhibit "A," to
allow development of a master-planned community on approximately 1,833 acres, more specifically
stated as follows:
General Plan Amendment No. 03-1528:
PB Ventures LLC has applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan from R-IA (Resource - Intensive Agriculture) to LR (Low
Residential) on 1310.08 acres, to HMR (High Medium Residential) on 86.31 acres and to
GC (General Commercial) on 86.36 acres; and from R-MP (Resource - Mineral and
Petroleum) to LR (Low Residential) on 320.22 acres, to HMR (High Medium Residential)
on 23.22 acres and to GC (General Commercial) on 6.77 acres: and
An amendment the Circulation Element ofthe Metropolitan Bakersfield General Plan
is requested to change the alignment of the Circulation Element collector roads
within the west half ofthe project boundaries to deviate from the current grid pattern;
and
WHEREAS, for the above-described project, an Initial Study was conducted and it was
determined that the proposed project would have a significant effect on the environment and, therefore,
an Environmental Impact Report (EIR) for the project was prepared in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, Policy No. 14 ofthe 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
WHEREAS, the Planning Commission and City Council have evaluated the ten (10) factors
provided under Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan
Bakersfield General Plan and found the following: 'òA/í,l:-
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1) Soil aualitv
According to the U.S. D.A. Soil Conservation Service's Soil Survey of Kern County,
California, Northwest Part (1988), 94 percent of the project area soil types meet the soil
requirements for prime farmland if water for irrigation is available.
2) Availabilitv of irriaation water
There are approximately 15 on-site agricultural water wells presently being used for irrigation
and no restrictions regarding the continued use of this water supply are known to exist.
3) Proximity to non-aaricultural uses
With the exception of lands to the north and northeast, the majority of the surrounding area is
currently planned primarily for agricultural uses. However, a major portion of the northern
project boundary is contiguous to the City of Bakersfield and the owners of other properties
to the north have requested to annex into the City in order to develop urban uses. Properties
to the north both presently within the City limits and proposed to be annexed are planned
and proposed for urban uses.
4) Proximity to intensive oarcelization
Several tracts have been recorded or are have been proposed to the north of the project site
within the City of Bakersfield, Additional tracts are expected to be proposed on surrounding
properties upon annexation into the City. The project site is clearly within the path of urban
development.
5) Effect on orooerties subiect to Williamson Act land use contracts
316 acres of the project site as well as other properties to the north, east, and south are
currently under Williamson Act land use contracts, In addition to the project site, cancellation
of contracts on other properties in the immediate surrounding area have been requested in
order to annex these properties into the City and to develop urban uses. It is anticipated that
the owners of surrounding properties will request contract cancellations independent of what
occurs on the project site because those properties are currently contiguous to the City limits
or will be in the near future and are in the path of urban development. For further discussion
of this issue, see "Williamson Act Land Use Contract Cancellation" below.
6) Ability to be orovided with urban services (sewer, water. roads. etc,)
The project site could be served by urban services upon annexation into the City, The
project site would be served by Taft Highway to the south, Panama Lane to the north and
other major existing and planned roadways. The site could be connected to the City's
Wastewater Treatment Plant No.3, which is planned to be expanded in the near future, via a
48-inch trunk sewer in Buena Vista Road. Based upon a water supply assessment prepared
by the City, a sufficient supply of water will be available to serve the proposed development.
7) Abilitv to affect the aoolication of aaricultural chemicals on nearbv aaricultural orooerties
Development of the proposed urban land uses in close proximity to agricultural uses would
likely result in the placement of restrictions on the use of agricultural chemicals on portions of
these properties by the Kern County Agricultural Commissioner. However, such restrictions
may result with or without the proposed project due to other urban development proposals in
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8) Abilitv to create a precedent-settina situation that leads to the premature conversion of
prime aariculturallands
As stated above, urban development is occurring within the City in close proximity to the site
and the owners of other properties to the north have requested to annex into the City in order
to develop urban uses. Despite the fact that most of the land surrounding the project site is
currently planned for agricultural uses, due to the close proximity of the site to planned urban
development within the City limits and other proposals for annexation and urban
development, the project is not considered to be precedent-setting.
9) Demonstrated proiect need
Between 2005 and 2015, the City's population is projected to increase by approximately 38
percent, signaling the need for a substantial additional supply of land that is designated and
zoned for urban development and which can be adequately served by essential public
services. The proposed project would provide a mix of low and high-medium density
residential development as well as support commercial, recreational, and educational uses
that can be serviced by the City of Bakersfield.
10) Necessity of buffers such as lower densities. setbacks. etc.
Buffer zones between urban development and agricultural uses are often necessary. Portions
of the project site would be separated from agricultural uses by major roadways and perimeter
masonry walls. Despite these buffers, additional buffers may be necessary due to the effects of
agricultural chemical use in close proximity to sensitive land uses, such as residences and
schools. The need for such buffers may negatively impact agricultural uses if adequate buffers
are not provided on development sites. Because the area surrounding the project site is
anticipated to urbanize ultimately, other than the standard building setback requirements of the
Bakersfield Zoning Ordinance for development adjacent to lands designated or zoned for
agricultural uses no on-site buffers are proposed.
WHEREAS, the applicant for the property owner has indicated the purpose of the request is to
develop a new master planned community in southwest Bakersfield featuring a balance of residential,
retail, employment, recreation, and public facilities within the City of Bakersfield; and
WHEREAS, the project site lies within the path of development with approved urban
development projects in progress; and
WHEREAS, adjacent urban development projects as well as local government agency efforts
have extended or will extend supporting utilities and infrastructure adjacent to the property; and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No, 150-05, 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
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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
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Environmental Impact Report was prepared for the project in accordance with CEQA;
and
5. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan,
subject to the recommended modification of the General Commercial area; and
6, The amendment to change the Metropolitan Bakersfield General Plan Land Use
designations from R-IA (Resource - Intensive Agriculture) to LR (Low Residential) on
1310.08 acres, to HMR (High Medium Residential) on 86.31 acres and to GC
(General Commercial) on 86.36 acres; and from R-MP (Resource - Mineral and
Petroleum) to LR (Low Residential) on 320.22 acres, to HMR (High Medium
Residential) on 23.22 acres and to GC (General Commercial) on 6,77 acres is
consistent with the Metropolitan Bakersfield General Plan; and
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows:
1, The above recitals and findings incorporated herein by reference are true and correct
and constitute the Findings of the City Council in this matter.
2. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
3. That General Plan Amendment No. 03-1528 to the Land Use Element is hereby
approved from R-IA (Resource - Intensive Agriculture) to LR (Low Residential) on
1310.08 acres, to HMR (High Medium Residential) on 86.31 acres and to GC
(General Commercial) on 86.36 acres; and from R-MP (Resource - Mineral and
Petroleum) to LR (Low Residential) on 320.22 acres, to HMR (High Medium
Residential) on 23.22 acres and to GC (General Commercial) on 6.77 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 Program" adopted in the Final Environmental Impact Report as shown in
Exhibit "F" and the "Mitigation/Conditions of Approval" for the project as shown in
Exhibit "C". That General Plan Amendment No, 03-1528 to the Circulation Element is
hereby approved to change the alignment of the Circulation Element collector roads
within the west half of the project boundaries to deviate from the current grid pattern
as requested by the applicant and as recommended by the Planning Commission
and shown on the attached map in Exhibit "B".
4. Attached Exhibit "D" containing the "Statement of Facts, Findings, and Mitigation
Measures" are appropriate and incorporated into the project.
5. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related
to significant unavoidable impacts to agricultural resources, noise, and
transportationltraffic are appropriate and incorporated into the project.
6. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
7, Based on the absence of evidence in the record as required by Section 21082,2 of the
State of California Public Resources Code (CEQA) for the purposes of documenting
significant effects, it is the conclusion of the Lead Agency that this project will result in
impacts that fall below the threshold of significance with regard to wildlife resources anq, Î\ Ií
therefore must be granted a "de minimis" exemption in accordance with Section 71~Y 'f1'<J'
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the State of California Fish and Game 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 for this project.
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I HEREBY CERTIFY that the foregoing Resolution was passed_and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on ~OV 1 6 ·2Df'1.'j
by the following vote:
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NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
v v
COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED
NOV 1 6 '2005
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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EXHIBIT A
B
C
D
E
F
Land Use Element Amendment Map
Circulation Element Amendment Map
Mitigation/Conditions of Approval
Statement of Facts, Findings, and Mitigation Measures
Statement of Overriding Considerations
Mitigation Monitoring and Reporting Program
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Exhibit A
Land Use Element Amendment Map
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Exhibit B
Circulation Element Amendment Map
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EXHIBIT C
MITIGATION I CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT I ZONE CHANGE 03-1528
MITIGATION MEASURES:
Aesthetics
1. During the installation of lighting standards, luminaries shall be provided with
filtering louvers and hoods to minimize spill light to adjacent properties.
Aariculture
2. Upon cancellation of the Williamson Act contracts, the applicant shall pay a fee of
12.5% of the full-assessed value of the parcels for cancellation of Williamson Act
contracts. This fee, when collected, shall be transmitted by the County Treasurer
to the State Controller.
3. Prior to occupancy of any residential units, if any adjoining properties are still in
agricultural use and have not received entitlements for development, then prior to
issuance of certificates of use and occupancy, the applicant will demonstrate that
future residents will be informed about adjacent agricultural use. This
demonstration shall take the form of a covenant filed on the project site (which
would be disclosed to future residents through the purchase process). The
covenant will provide that each resident acknowledges that he/she is moving into
an area where there is active agriculture, and understands that such agricultural
use, including all activities necessary to support agriculture-such as pesticide
use, dust generated by plowing, and slow-moving agricultural vehicles-will
continue.
Air Qualitv
4. The project applicant shall comply with SJVAPCD Regulation VIII and implement
additional construction vehicle emissions reduction measures. To control the
generation of construction-related PM10 fugitive dust and exhaust emissions, the
project applicant shall comply with SJVAPCD Regulation VIII and the measures
summarized below,
SJV APCD Regulation VIII Control Measures for Construction Ernissions of PM-
10:
. All disturbed areas, including storage piles, which are not being actively
utilized for construction purposes, shall be effectively stabilized of dust
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Exhibit C
Mitigation / Conditions of Approval
GPNZC 03-1528
emissions using water, chemical stabilizer/suppressant, covered with a tarp or
other suitable cover or vegetative ground cover.
· All onsite unpaved roads and offsite unpaved access roads shall be
effectively stabilized of dust emissions using water or chemical
stabilizer/suppressant.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut
and fill, and demolition activities shall be effectively controlled of fugitive dust
emissions utilizing application of water or by presoaking.
· With the demolition of buildings up to 6 stories in height, all exterior surfaces
of the building shall be wetted during demolition.
· When materials are transported off site, all material shall be covered, or
effectively wetted to limit visible dust emissions, and at least 6 inches of
freeboard space from the top of the container shall be maintained.
· All operations shall limit or expeditiously remove the accumulation of mud or
dirt from adjacent public streets at the end of each workday. (The use of dry
rotary brushes is expressly prohibited except where preceded or
accompanied by sufficient wetting to limit the visible dust emissions. Use of
blower devices is expressly forbidden.)
· Following the addition of materials to, or the removal of materials from, the
surface of outdoor storage piles, said piles shall be effectively stabilized of
fugitive dust emissions utilizing sufficient water or chemical
stabilizerlsuppressant.
· Within urban areas, trackout shall be immediately removed when it extends
50 or more feet from the site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
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S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex C.doc
Exhibit C
Mitigation I Conditions of Approval
GPAlZC 03-1528
SJV APCD Control Measures for Construction Equiprnent Exhaust Emissions:
· Use alternatively fueled or catalyst-equipped diesel construction equipment.
· Minimize idling time (e.g., 10 minute maximum).
· Limit the hours of operation of heavy-duty equipment and/or the amount of
equipment in use,
· Replace fossil-fueled equipment with electrically driven equivalents.
· Curtail construction during periods of high ambient pollutant concentrations;
limiting construction may include ceasing of construction activity during the
peak hour of vehicular traffic on adjacent roadways.
· Implement activity management (e,g., rescheduling activities to reduce short-
term impacts).
· Properly and routinely maintain all construction equipment, as recommended
by manufacturer manuals, to control exhaust emissions.
· Encourage ride sharing and use of transit transportation for construction
employee commuting to project sites.
5. The URBEMIS2002 model identifies several measures that can be used to
minimize emissions associated with residential projects. These measures that
are included as part of operations of the proposed project include:
· Increase energy efficiency measures in all buildings to ensure that they are
10% more efficient that the energy requirements established by California
Title 24,
· Ensure that 50% of all landscape maintenance equipment used in commercial
applications is electrically powered,
6, Prior to the issuance of the first building permit, the project applicant shall enter
into an agreement with the SJVAPCD for the mitigation of NOx, ROG, and PM10
such that the net increase in regional emissions of these pollutants will be zero.
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
This agreement may include, but is not limited to, the payment of fees to the
district, for the purpose of offsetting project emissions. Examples of such a
program would be the purchase of new diesel engines for heavy-duty trucks and
agricultural equipment, retrofitting diesel engines with controls (e.g., oxidation
catalyst, diesel particulate filter), and conversion of city-owned vehicles from
gasoline and diesel to compressed natural gas engines. This emissions offset
program would be coordinated with and approved by the SJVAPCD and based
on estimates of achievable emissions reductions. This offset program would
reduce emissions in sufficient quantities such that the net increase in regional
emissions would be zero. With implementation of this mitigation, the impact
would be reduced to no impact.
7, The project applicant shall enter into an agreement with the SJVAPCD in which
the applicant will pay a fee to the SJVAPCD to be used to offset the project's
average annual construction emissions. The emissions to be offset include 15.5
tons per year ROG, 25.5 tons per year NOx, and 10.2 tons per year PM10.
Implementation of this condition will reduce construction air pollutant impacts to
zero.
8. Require that, prior to the sale of all new residential units, that prospective buyers
be notified of potential dairy odors. Prospective buyers should be required to
sign a statement acknowledging that they are aware of the potential for odors
from nearby dairies, and the disclosure shall be included in covenants for new
development within the site.
Bioloaical Resources
9. The San Joaquin kit fox is a covered species within the MBHCP. The payment of
development impact fees is considered adequate mitigation under the MBHCP to
minimize impacts to sensitive species. Upon application and approval of future
tract map phases within the proposed project area, the applicant shall pay the
required mitigation fee or fees, Upon the payment of this fee and receipt of City
project approval, a development applicant would become a sub-permittee and
would be allowed the "incidental take" of the species in accordance with state
and federal endangered species laws and mitigation requirements of all parties,
state, federal, and local (MBHCP). Payment to the plan would reduce impacts to
less-than-significant levels.
10. To avoid impacts to nesting birds, including the Swainson's hawk, no ground
disturbance, site clearing, or removal of any potential nesting habitat shall be
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Exhibit C
Mitigation I Conditions of Approval
GPAlZC 03-1528
conducted within the typical breeding/nesting season for birds (February 15 to
August 30); 2!,
Prior to any ground-disturbing activities, a qualified biologist shall conduct
surveys for nesting birds, including raptors, The surveys shall occur at a
minimum of 3 days prior to the clearing, removal, or trimming of any vegetation.
Surveys shall include areas within 200 feet of the edge of the project boundary
and the entire project site, If active nests are found, a 50-foot (minimum) fence
barrier shall be erected around the nest site. A 200-foot barrier shall be required
for any raptor-nesting site. No habitat removal or any other work shall be allowed
to occur within the fenced nest zone until a qualified biologist confirms that the
young have fledged and have left the nest.
11. Prior to ground-disturbing activities, a qualified biologist shall conduct surveys for
burrowing owls in accordance with the Staff Report on Burrowing Owl Mitigation
(CDFG 1995) and the California Burrowing Owl Consortium guidelines. The
survey will be conducted over the entire site and, where possible, 150 feet
around the project site. If no burrows or burrowing owls are identified, then no
further action is required,
If burrows or burrowing owls are identified, then the following mitigation should
be implemented.
If possible, when burrowing owls are detected during the breeding season,
impact should be avoided, A no-disturbance buffer zone should be delineated in
a 75-meter radius around the occupied burrow. No ground disturbance would be
permitted in the no-disturbance buffer zone until a qualified biologist has
determined that the young have fledged.
Cultural Resources
12, Prior to tentative tract map approval for affected parcels, a qualified archaeologist
shall be retained by the developer to perform a subsurface test-level investigation
for the identified sites, and surface collection as appropriate, The test-level
report evaluating the site shall include a discussion of significance (I.e., depth,
nature, condition, and extent of resources), final mitigation recommendations,
and cost estimates. Any resource identified shall be recorded, excavated, and
curated, as appropriate. Prior to the issuance of a grading permit and based on
the report recommendations, final mitigation shall be carried out.
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
13. If buried cultural resources, such as chipped or ground stone, historic bottles or
ceramics, building foundations, or non-human bone are inadvertently discovered
during ground-disturbing activities, work will stop in that area and within 100 feet
of the find until a qualified archaeologist can assess the significance of the find
and, if necessary, develop appropriate treatment measures. Treatment
measures typically include development of avoidance strategies, capping with fill
material, or mitigation of impacts through data recovery programs such as
excavation or detailed documentation.
Sites discovered having relevance to Native Americans shall be made known to
the appropriate individuals/agencies/groups as determined by the archaeologist
in consultation with the Lead Agency.
If archaeological sites are discovered on site during construction, and an
archaeologist is contacted to determine the significance of the find, the developer
shall provide written evidence to the City Planning Department that a qualified
archaeologist has been retained, shall be present at the pre-grading conference,
shall establish procedures for archaeological resource surveillance, and shall
establish in cooperation with the project developer procedures for temporarily
halting or redirecting work to permit the sampling, identification, and evaluation of
the artifacts as appropriate.
14. Prior to final tentative tract map approval for affected parcels (parcels adjacent to
the A.T. & S.F. rail line), a qualified architectural historian/historian/historical
archaeologist shall be retained by the developer to conduct an evaluation of line
for eligibility to federal, state, and local historical registers as an individual
resource and/or a component of the rural historic landscape.
15. If buried cultural resources, such as chipped or ground stone, historic bottles or
ceramics, building foundations, or non-human bone are inadvertently discovered
during ground-disturbing activities, work will stop in that area and within 100 feet
of the find until a qualified archaeologist can assess the significance of the find
and, if necessary, develop appropriate treatment measures, Treatment
measures typically include development of avoidance strategies, capping with fill
material, or mitigation of impacts through data recovery programs such as
excavation or detailed documentation.
Sites discovered having relevance to Native Americans shall be made known to
the appropriate individuals/agencies/groups as determined by the archaeologist
in consultation with the Lead Agency,
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$:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex C.doc
Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
If archaeological sites are discovered on site during construction, and an
archaeologist is contacted to determine the significance of the find, the developer
shall provide written evidence to the City Planning Department that a qualified
archaeologist has been retained, shall be present at the pre-grading conference,
shall establish procedures for archaeological resource surveillance, and shall
establish in cooperation with the project developer procedures for temporarily
halting or redirecting work to permit the sampling, identification, and evaluation of
the artifacts as appropriate.
16. If human remains of Native American origin are discovered during project
construction, it is necessary to comply with state laws relating to the disposition
of Native American burials, which fall within the jurisdiction of the Native
American Heritage Commission (Pub. Res. Code Sec. 5097). If any human
remains are discovered or recognized in any location other than a dedicated
cemetery, there will be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until:
. the coroner of Kern County has been informed and has determined that no
investigation of the cause of death is required, and
. if the remains are of Native American origin,
a. the Native American Heritage Commission was unable to identify a
descendant or the descendant failed to make a recommendation within 24
hours after being notified by the commission, or
b. the descendants of the deceased Native Americans have made a
recommendation to the landowner or the person responsible for the
excavation work for means of treating or disposing of, with appropriate
dignity, the human remains and any associated grave goods as provided
in Public Resources Code Section 5097.98.
According to California Health and Safety Code, six or more human burials at
one location constitute a cemetery (Section 8100) and disturbance of Native
American cemeteries is a felony (Section 7052), Section 7050.5 requires that
construction or excavation be stopped in the vicinity of discovered human
remains until the coroner can determine whether the remains are those of a
Native American. If the remains are determined to be Native American, the
coroner must contact the California Native American Heritage Commission,
Page 7 of 24
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
Hazards and Hazardous Materials
17. Asbestos-Containina Buildina Materials (ACBMs): Prior to tentative tract map
and grading approvals, all areas containing structures that have the potential to
contain ACBMs shall be inspected and evaluated by an asbestos specialist to
determine the potential to contain such materials. These include structures built
before the 1970s, as well as debris piles containing remnant concrete irrigation
pipe. All materials determined to contain asbestos or have a high likelihood to
contain asbestos shall be abated and shall be disposed of at an appropriate
hazardous materials disposal site by a qualified hazardous materials specialist.
18, Tanks. Drums. and Associated Soil Contaminants: Prior to issuance of grading
permits for the each subsequent development phase within Project Areas 1, 2, 3,
or 4 (as delineated in the Hazards and Hazardous Materials section of the PEIR
for GPAlZC 03-1528), soil sampling and analyses shall be conducted in the
vicinity of aboveground and underground storage tanks, particularly the three
1,000-gallon and one 10,000-gallon diesel fuel. ASTs associated with three
existing water wells on site. Such testing also shall occur at selected locations in
the equipment storagelmaintenance yard to define the vertical extent of diesel
fuel contamination. Should the analysis of stained soils reveal that contamination
is below toxic limits, no further action would be required. However, if remediation
is recommended, then the contaminated soil shall be removed and/or remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to site development.
19. Soil Samplina and Remediation at Eauipment Storaae/Maintenance Yard: Prior
to issuance of grading permits for the subject areas, soil sampling and analyses
at selected locations in the equipment storagelmaintenance yard shall be
completed to define the vertical extent of diesel fuel contamination, Should the
analysis of stained soils reveal that contamination is below toxic limits, no further
action would be required. However, if remediation is recommended, then the
contaminated soil shall be removed and/or remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB requirements prior to site development.
20. Remove Diesel-lmDacted Soil Near Soil Borina 5: Prior to issuance of grading
permits for the area near Soil Boring 5, located on the south side of the fenced
equipment storage and maintenance yard, approximately 150 feet west of Buena
Vista Road (associated with the 1,OOO-gallon diesel AST serving an irrigation
well), the contaminated soil shall be removed, A backhoe or excavator shall
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S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex C.doc
Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
remove the diesel-impacted soil at the location due to the unknown depth of the
contamination. The walls and floor of the excavation shall be sampled when the
diesel-impacted soil appears to be removed based on visual observation.
Samples shall be sent to a state-certified laboratory for analysis. Contaminated
soil shall be stockpiled or containerized in 55-gallon sealed drums and labeled as
to the contents and disposed of according to State and local guidelines.
Following remediation, the site shall be properly closed according to Central
Valley RWQCB requirements prior to site development.
21, Conduct Soil SamDlinc and Remediate Near Acricultural Water Well: Prior to
issuance of grading permits for the proposed project, soil sampling and analyses
shall be conducted in the vicinity of the 1,000-gallon diesel fuel AST associated
with an agricultural water well located in the northeastern portion of the subject
site to define the vertical extent of diesel fuel contamination, Should the analysis
of impacted soils reveal that contamination is below toxic limits, no further action
would be required, However, if remediation is recommended, then the
contaminated soil shall be removed and/or remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB requirements prior to site development.
22. Remove Oilv Waste Drums and Containers: Prior to site development, the two
full/partially full 55-gallon drums and one 5-gallon container of oily waste located
northwest of the barn shall be removed from the subject site by a licensed
contractor and properly disposed of off site.
23. Sample/Analvze and Remove/Remediate Soil Near Abovecround Tanks in
Central Storace Yard: Prior to issuance of grading permits, soil samples shall be
collected from under the 550-gallon AST and 1,000 gallon diesel AST within the
southeastern portion of the storage yard in the central portion of the site. These
samples shall be analyzed to determine the presence or absence of
concentrations of petroleum fuel constituents. Should the analysis of impacted
soils reveal that contamination is below toxic limits, no further action would be
required. However, if remediation is recommended, then the contaminated soil
shall be removed and/or remediated according to state and local guidelines, and
the site shall be properly closed according to Central Valley RWQCB
requirements prior to site development.
24, Sample/Analvze and Remove/Remediate Soil Near 1,000-Gallon Low Sulfur
Dved Diesel Tank: Prior to issuance of grading permits, soil sampling and
analyses shall be conducted beneath the 1,OOO-gallon AST labeled "low sulfur
Page 9 of 24
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Mitigation / Conditions of Approval
GPAlZC 03-1528
dyed diesel" on the unpaved ground surface in the central portion of the subject
site to assess the extent and concentrations of diesel fuel impacts, Should the
analysis of impacted soils reveal that contamination is below toxic limits, no
further action would be required. However, if remediation is recommended, then
the contaminated soil shall be removed and/or remediated according to state and
local guidelines, and the site shall be properly closed according to the Central
Valley RWQCB requirements prior to site development.
25, Sample/Analvze and Remove/Remediate Stained Soils: Prior to issuance of
grading permits, soil samples shall be collected and analyzed at two areas of
stained soil in the northwestern and central portions of the site to assess the
extent and concentrations of subsurface impacts by related constituents of
concern. Should the analysis of impacted soils reveal that contamination is
below toxic limits, no further action would be required, However, if remediation is
recommended, then the contaminated soil shall be removed and/or remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to site development.
26. Secondarv Containment Structures Beneath All Abovearound Tanks: For all
ASTs that do not contain secondary containment structures, secondary
containment shall be placed beneath all onsite ASTs until the removal of the AST
occurs for the redevelopment of the subject site, in order to minimize potential
unauthorized releases of hazardous materials from potentially impacting the site.
27. Assess and Remove/Remediate Near Metal Pipe: Prior to issuance of grading
permits, the approximately 3-inch diameter metal pipe that is protruding from the
ground in the northeastern portion of the subject site shall be assessed with a
backhoe to determine evidence of subsurface soil impacts by gasoline fuel
constituents. Following the subsurface excavation, if soil sampling and analysis
is necessary to further assess the concentration and extent of potential impacts,
soil samples shall be collected and analyzed to determine the extent and
concentrations of subsurface impacts by related constituents of concern. Should
the analysis of impacted soils reveal that contamination is below toxic limits, no
further action would be required. However, if remediation is recommended, then
the contaminated soil shall be removed and/or remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB requirements prior to site development.
28. Remove Waste Oil Drum: Prior to grading of the site, the existing 55-gallon drum
of waste oil located in the northern portion of the site adjacent to the onsite
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Mitigation / Conditions of Approval
GPAlZC 03-1528
agricultural water well shall be transported off site for proper disposal by a
licensed contractor as soon as possible so that the potential threat of a release to
the site is minimized.
29. SamDle/Analvze and Remove/Remediate Soil Near Abovearound Tanks at the
Gosford-Coulter Tank Farm: Prior to issuance of grading permits, soil samples
shall be collected from beneath the three onsite ASTs without secondary
containment features at the Gosford-Coulter Tank Farm facility in the central
portion of the subject site. The soil samples should be analyzed to determine the
presence or absence of concentrations of total recoverable petroleum
hydrocarbons, solvents, and hazardous constituents of antifreeze, Should the
analysis of impacted soils reveal that contamination is below toxic limits, no
further action would be required, However, if remediation is recommended, then
the contaminated soil shall be removed and/or remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB requirements prior to site development.
30. SamDle/Analvze and Remove/Remediate Soil Near Abovearound Drums: Prior
to issuance of grading permits, soil samples shall be collected and analyzed in
the location beneath the onsite, stand-mounted, 55-gallon drum labeled as lube
oil and the steel-rack-mounted 55-gallon drum labeled as gear oil at the tank
farm facility to determine the presence or absence of concentrations of petroleum
hydrocarbons, Should the analysis of impacted soils reveal that contamination is
below toxic limits, no further action would be required. However, if remediation is
recommended, then the contaminated soil shall be removed and/or remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to site development.
31. SamDle/Analvze and Remove/Remediate Soil Near Abovearound Crude Oil
Tanks: Prior to issuance of grading permits, soil sampling and analysis shall be
conducted for the locations of the four former crude-oil ASTs in the east-central
portion of the tank farm facility to determine the extent of crude-oil impacts and to
determine the presence or absence of concentrations of petroleum fuel
constituents. Should the soil analysis reveal that contamination is below toxic
limits, no further action would be required, However, if remediation is
recommended, then the contaminated soil shall be removed and/or remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to site development.
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
32. Abandon/Close/Destrov Water Wells: Prior to issuance of any grading permits,
all existing water wells shall be properly abandoned/closed and/or destroyed in
accordance with state and local guidelines and shall be evaluated and verified by
the Water Section of the Kern County Certified Unified Protection Agency.
33. Evaluate and Abandon Former Oil Wells. and ProDerlv Close. Clean. and Re-
Abandon. as Necessarv: Prior to issuance of grading permits, inactive or
previously abandoned oil wells in the proposed project area defined by the
corresponding set of tract map(s) shall be evaluated to ensure that the existing
abandonment conditions meet or exceed current DOGGR standards. If not, they
shall be properly closed, cleaned, and abandoned or re-abandoned in
accordance with all applicable state and local guidelines prior to any ground
disturbing activities. All existing inactive oil wells, abandoned oil wells, or shut-in
oil wells shall be required to implement a closure plan to render all wells inert and
to conform to DOGGR oil well abandonment or re-abandonment procedures.
The applicant shall be required to file a Notice of Intent to Abandon Well form
with DOGGR. The notice shall include all required abandonment procedures on
a well-by-well basis in accordance with Article 14, Chapter 3, Sections 1723
through 1723.9 of the CCR. Abandonment of wells shall be performed and
verified to the satisfaction of DOGGR.
34, Test and Remove/Remediate Soil Near Buried Oil Wells: At the time grading
operations proceed, an excavator shall be used to remove soil overlying and
surrounding each of the buried abandoned oil wells that were discovered on site
at their staked locations. When safe access has been provided at each location,
each well shall be tested for methane emissions. This testing will verify the
integrities of the abandonment plugs, Once the wells have been exposed, further
geophysical testing may continue in order to locate, insofar as possible, the mud
pits and/or production sumps associated with the wells, These pits and sumps
might be expected to be located within a 75-foot radius of each well. Once the
pits and sumps are located, analytical samples shall be collected in order to
determine their contents. Upon analysis of the collected samples, a
determination shall be made regarding subsequent remedial actions, Prior to
commencement of any construction activity in these areas, final confirmation and
a closure statement shall be obtained by the City of Bakersfield Fire Department
ESD. If the City of Bakersfield Fire Department ESD is not satisfied that all
potentially hazardous materials have been removed to acceptable
concentrations, a remedial action plan shall be developed and implemented to
the division's satisfaction.
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S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex C.doc
Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
35, Fence All Oil Wells: Prior to occupancy of any residence within the project area,
each area containing (an) oil well(s) (either active, abandoned, or shut-in) shall
be made inaccessible with chain-linked fence until such time that they have been
closed and abandoned to the satisfaction of DOGGR.
36, Evaluate and Remove/Remediate Oil Mud Pits: Prior to the approval of final
tentative tract maps and grading plans, all areas surrounding former or current
oils wells that contain oil mud pits or residues thereof shall be evaluated through
subsequent sampling and testing to determine their characteristics and vertical
and lateral extent. All areas contain drilling muds and such residues shall be
excavated, and the removed soils shall be disposed of at an appropriate
hazardous materials disposal site according to state and local guidelines. All
work shall be completed to the satisfaction of the DTSC and DOGGR.
37. Remove Oil and Gas Pipelines and Associated Contaminated Soils: Prior to the
approval of grading permits, all abandoned oil and gas pipelines shall be
removed, and the soil conditions shall be monitored by a qualified hazardous
materials specialist. If soil staining is evident, removal actions shall cease in the
vicinity until the nature of the stain is determined. All areas containing petroleum-
stained soils shall be excavated, and the removed soils shall be disposed of at
an appropriate hazardous materials disposal site according to state and local
guidelines to the satisfaction of DTSC and DOGGR.
38. Test and Remove/Remediate Petroleum-Stained Soils: Prior to final tentative
tract map and grading approvals, all areas in the project boundaries showing
evidence of petroleum-stained soils shall be evaluated through subsequent
testing to determine the vertical and lateral extent of any such spill. All areas
contain spilled oil or other petroleum products shall be excavated, and the
removed soils shall be disposed of at an appropriate hazardous materials
disposal site according to state and local guidelines, All work shall be completed
to the satisfaction of the DTSC.
39. Remove Potential PCB-Containina Transformers: Prior to the approval of
grading permits, power poles containing transformers suspected of containing
PCBs shall be removed by a qualified hazardous materials specialist as
coordinated by PG&E to the satisfaction of the City of Bakersfield Fire
Department ESD. These items shall be disposed of at an appropriate hazardous
materials disposal site to the satisfaction of DTSC,
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Mitigation / Conditions of Approval
GPAlZC 03-1528
40. Delineate and Remove/Remediate Soil with PCB Content: Prior to the approval
of grading permits, the location of the former transformer fire and subsequent
release of PCBs in 1990 near the intersection of Buena Vista and McCutchen
Roads shall be completely delineated and remediated as necessary. Soil
samples shall be collected from the northeastern corner of the subject site and
analyzed for PCB content. Should the soil analysis reveal that the soils are
clean, then no further action would be warranted. However, if remediation is
recommended, then the contaminated soil shall be removed and/or remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to development of the
site,
41, Remove/Abandon/Close Septic Tanks: Prior to the approval of final tentative
tract maps and grading approval, all septic tanks shall be
removed/abandoned/closed in accordance with applicable state and local
guidelines.
Hydrology and Water Quality
42. Prior to final approval of tentative tract maps and authorization of grading plans,
a SWPPP shall be prepared by the project contractors and be made available to
the City Engineer for inspection and comment. The SWPPP shall identify
erosion minimization and control provisions, pollution detection provisions, and
pollution elimination/minimization provisions, The SWPPP shall include best
available technology, engineering, and design solutions such as the use of silt
screens, hay bales, modern trash screens, energy dissipaters, and/or absorbent
devices. Stormwater runoff water quality monitoring procedures shall be clearly
detailed in the SWPPP.
Land Use and Plannina
43. Refer to Biological Resources condition #9 regarding payment of the
Metropolitan Bakersfield Habitat Conservation Plan development impact fee.
Noise
44. Construction activity located within 1,000 feet of residences shall be limited to the
hours between the hours of 6 a.m. and 9 p.m. on weekdays, and between 8 a,m.
and 9 p,m. on weekends.
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Mitigation / Conditions of Approval
GPAlZC 03-1528
45, Outdoor activity areas of residential areas shall be designed such that noise from
traffic does not exceed 65 dB CNEL. The project applicant for each tract map
shall retain a qualified acoustical consultant to design treatments for residences
located adjacent to roadways in and around the proposed project area such that
exterior noise levels under 2030-with-project conditions does not exceed 65 dB
CNEL at outdoor activity areas. Treatments may include methods such as
construction of a soundwall or earth berm between the new residences and the
roadway or placement of building structures between roadway and outdoor
activity areas. The acoustical consultant will prepare and submit to the City a
report detailing the acoustical treatments to be used for compliance with this
performance standard, The report must be reviewed and approved by the City
before a building permit will be issued, The design of project buildings will reflect
the approved report.
46. Interior areas of residential units shall be designed such that noise from traffic
does not exceed 45 dB CNEL. The project applicant shall retain a qualified
acoustical consultant to ensure that interior noise levels at residences does not
exceed 45 dB lcJn under 2020 with-project traffic conditions. If treatments are
necessary, treatments may include installing acoustically rated doors and
windows, and blocking sound transmission paths through vents or other
openings in the building shell, The acoustical consultant will prepare and submit
to the City a report detailing compliance with the interior noise performance
standard or, if necessary, the acoustical treatments to be applied to the building
for compliance with the interior noise performance standard. The report must be
reviewed and approved by the City before a building permit is issued,
47. Commercial and industrial uses shall be designed such that noise from
operations does not exceed City noise standards for non-transportation sources.
The project applicant shall retain a qualified acoustical consultant to design
treatments for commercial and industrial uses such that residences located
adjacent to these uses will not be exposed to noise exceeding City standards for
non-transportation uses. Treatments may include methods such as:
· limits on hours of operations
· use of enclosures or localized barriers around equipment noise sources
· placement of barriers between the residences and commercial and industrial
uses
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
· use of mufflers on equipment exhaust
The acoustical consultant will prepare and submit to the City a report detailing
the acoustical treatments to be used for compliance with this performance
standard. The report must be reviewed and approved by the City before a
building permit will be issued. The design of commercial and industrial uses will
reflect the approved report.
48. Residential uses shall be designed such that noise from oil well operations does
not exceed City noise standards for non-transportation sources at residences on
the project site, The project applicant shall retain a qualified acoustical
consultant to design treatments for the oil wells or the residences such that
residences located adjacent to oil wells would not be exposed to noise exceeding
City standards for non-transportation uses. Treatments may include methods
such as:
· conversion of oil well diesel motors to electric motors,
· limiting hours of oil well operation,
· use of enclosures or localized barriers around the oil wells, and
· placement of barriers between the residences and oil wells.
The acoustical consultant will prepare and submit to the City a report detailing
the acoustical treatments to be used for compliance with this performance
standard for each tract map. The report must be reviewed and approved by the
City before a building permit will be issued. The design of residential uses will
reflect the approved report.
Public Services and Utilities
49. Prior to the issuance of any building permit, developers within the proposed
project site shall submit to the City for review and approval a plan to separate
recyclable/reusable construction debris. The plan shall include the method the
contractor will use to haul recyclable materials and shall include the method of
and location of materials disposal. The builders shall be responsible for hauling
their own construction debris to the Mount Vernon Facility or entering into a
contract with a licensed hauler for disposal of construction debris.
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Mitigation / Conditions of Approval
GPAlZC 03-1528
Recreation
50. Prior to approval of each Tentative Tract or Vesting Tentative Tract, the applicant
shall provide public parks, as deemed necessary by the city, in conformance with
Title 15,80 of the Bakersfield Municipal Code, In the event a city wide master
trails plan is adopted prior to approval of each Tentative Tract or Vesting
Tentative Tract that reduces the public park requirement, the adopted ratio will be
used to calculate the public park requirement. Proposed greenbelts and private
recreational facilities shall be maintained by the homeowners association.
TransportationlTraffic
51. Prior to approval of improvement plans for any portion of the proposed project,
the project applicant shall develop and implement a Traffic Control Plan. The
Traffic Control Plan shall be implemented throughout the course of project
construction, and shall include the following elements:
· Contain a plan for communicating construction plans with transit providers,
emergency service providers, residences, and businesses located in the
project vicinity, and anyone else who may be affected by project construction,
· Identify roadway segments or intersections that are at or approaching level of
service that exceeds local standards, and provide for construction-generated
traffic to avoid these locations at the peak periods, either by traveling different
routes or by traveling at non-peak times of day,
· Contain an access and circulation plan for use by emergency vehicles when
lane closures and/or detours are in effect; if lane closures occur, provide
advance notice to local fire and police departments to ensure that alternative
evacuation and emergency routes are designed to maintain response times.
· Maintain access to existing residences in the area at all times.
· Provide for adequate parking for construction trucks and equipment within the
designated staging areas throughout the construction period.
· Provide adequate parking for construction workers within the designated
staging areas.
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Mitigation / Conditions of Approval
GPAlZC 03-1528
· Restrict delivery of construction materials to between the hours of 9:00 a.m.
and 3:00 p.m. to avoid more congested morning and evening hours,
· Require traffic controls on roadways adjacent to the proposed project,
including flag persons wearing bright orange or red vests and using a
"Stop/Slow" paddle to control oncoming traffic; construction warning signs
should be posted in accordance with local standards or those set forth in the
Manual on Uniform Traffic Control Devices (FHWA, latest edition), in advance
of the construction area and at any intersection that provides access to the
construction area.
· Require that written notification be provided to contractors regarding
appropriate routes to and from the construction site, and the weight and
speed limits on local roads used to access the construction site.
· Specify that a sign be posted at all active construction areas giving the name
and telephone number or email address of the City staff person designated to
receive complaints regarding construction traffic.
52a. Prior to approval of each Tentative Tract, Vesting Tentative Tract, or Parcel Map
(except Parcel Maps for financing or conveyancing purposes only that require
further subdivision prior to development) for residential projects and PCD or Site
Plan applications for other uses, the map or project applicant shall confirm the
specific traffic circulation improvements that will be implemented with that
tentative map, PCD or Site Plan as identified in the Traffic Impact Study
(Ruettgers & Schuler 2005) to:
1) Provide the traffic circulation improvements necessary to serve the immediate
map area; and
2) Maintain the City's adopted minimum level of service standard (currently LOS
C) on the roadway network that will be impacted by the project traffic, or, for
those eight (8) intersections and seven (7) roadway segments that cannot be
improved to the minimum level-of-service standard or better, with or without
the project, to provide the project fair-share contribution to the
improvements, Note 1 The necessary improvements are identified in Tables 30-
16 and 30-17 of the PEIR for GPAlZC 03-1528.
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
Note 1: The fair-share improvements for the 8 intersections and 7 roadway segments that
cannot be improved to the minimum level of service standards shall include acceptable
engineering solutions, approved by the City Engineer, to provide improvements beyond
standard. Said improvements could include but not be limited to, a super-arterial concept
greater than 6-lanes, higher capacity limited access facilities, non-standard high-capacity
intersection designs and contributions toward the capacity relieving beltway system.
52b. To demonstrate that appropriate mitigation is being provided with each Final Map
(except Parcel Maps for financing or conveyancing purposes only that require
further subdivision prior to development), the process will be as follows:
· The applicant will provide confirmation of the traffic analysis (based upon
updated data at the time, where applicable in consultation with the City
Engineer) for each tentative map, PCD or Site Plan based on current
information on the status of RTIF and local improvements at the time of
approval processes for each tentative map, PCD, or Site Plan Review,
. The applicant and the City will identify the incremental improvements
applicable to the tentative map, PCD, or Site Plan to be implemented through
one or more of the following methods:
o Build the improvements (if all necessary rights-of-way are available) and, if
applicable, receive reimbursement credits for any percentage share not
attributable to impacts caused by traffic generated from the map, PCD, or
Site Plan.
o Pay the City per unit mitigation fee.
o In the event all necessary rights-of-way are not available at the time the
applicant confirms the specific traffic circulation improvements to be
implemented, the applicant shall pay the City the per unit mitigation fee in
lieu of constructing the improvements for those portions where rights-of-
way are not available.
. The project applicant and the City will verify the timing of the improvements to
be constructed by the applicant for recordation of each Map, PCD or Site
Plan, and shall establish the threshold at which the improvements shall be
constructed, The threshold shall depend on the particular improvement, the
project fair-share contribution to the improvement and the nature of the
particular Map/PCD/Site Plan, and may be tied to the number of lots within
the Map area that may be recorded as part of a Final Map or Partial Final
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
Map.
52c. For those improvements to be constructed by the City using mitigation fees paid
by the project applicant and other sources of financing, the applicant's obligation
will be satisfied by payment of the fees,
53. Prior to approval of tentative tract maps for subsequent phases of the proposed
project, construction plans shall be approved by the Fire Marshall or appropriate
representative to ensure that all fire code requirements are incorporated into the
proposed project design, All development within the proposed project area shall
conform to codes and access requirements established by the Uniform Fire Code
and City of Bakersfield Municipal Code Sections 15.64.010 to 15,64.480,
54. During design of tentative tract maps for subsequent phases of the proposed
project, adequate parking shall be provided in accordance with City of
Bakersfield Municipal Code standards. Construction plans shall be reviewed and
verified by the Planning Department that the project components provide
appropriate parking to minimize offsite parking impacts or neighborhood
intrusion,
CONDITIONS OF APPROVAL:
Public Works Conditions
55. Prior to approval of any development plan, improvement plan, or application for a
lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Allen Road, Panama Lane, McCutchen
Road, Buena Vista Road and Old River Road to arterial standards; and
Mountain Vista Drive, Windermere Street, Berkshire Road and McKee Road
to collector standards for the full frontage of the area within the GPA request.
Also, provide dedication documents in a form acceptable to CalTrans for Taft
Highway (The width of dedication required by CalTrans is different from that
required by the City of Bakersfield; the applicant must verify their proposed
section with CaITrans). 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. Because this GPAlZC
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Mitigation / Conditions of Approval
GPAlZC 03-1528
area is so large, the applicant can phase his dedications provided he presents
a dedication phasing plan acceptable to the City Engineer.
b. Submit a comprehensive drainage study to be reviewed and approved by the
City Engineer. No more than 1 sump per 80 acres may be utilized to serve
this area; these sumps should be located so that they may be available to
serve adjacent areas as they develop. The study shall be approved and any
required retention site and necessary easements dedicated to the City.
c. Sewer service must be provided to the GPAlZC area, The developer shall be
responsible for the initial extension of the sewer line to serve the property.
The developer shall submit for the City's review a comprehensive program to
provide sewer service to the entire GPAlZC area. This plan may address the
timing of development of various areas within the GPAlZC request and how
sewer service will be extended to these areas. This sewer system must
necessarily be sized to serve a much larger area that the project area. The
City is willing to aid the developer in the formation of a Planned Sewer Area
and/or an Assessment District to provide a mechanism for the reimbursement
of oversizing costs to the developer.
56, Developer shall pay median fees for Taft Highway and all arterials within the
boundaries of the GPAlZC area, The payment of these fees may be phased to
match the construction phasing of the project.
57, For orderly development and for improved circulation, the commercial frontages
shall be constructed at the earliest opportunity. The Planning Commission shall
have the authority to require full improvements in front of a commercial parcel
with the development of an adjacent parcel. Full improvements shall include, but
not be limited to, full paving, curb, gutter, and sidewalk, interconnect conduit,
street lighting, storm drainage system, sewer mains and utilities. Inasmuch as
commercial areas are usually located at intersections, said improvements may
include the frontages of the intersecting streets, The Planning Commission shall
also have the authority to require full improvements in front of an intervening
"outparcel" if a gap is created between areas of full improvements along a road.
(Added by the Planning Commission)
58. 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.
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
59. The entire area covered by this General Plan Amendment shall be included in
the Consolidated Maintenance District. The applicant shall pay all applicable
fees for inclusion in the Consolidated Maintenance District with submittal of any
development plan, tentative subdivision map, Site Plan Review, or application for
a lot line adjustment for any portion of this GPA area. (Ordinance and Policy)
60. Pay the standard residential and commercial Regional Transportation Impact
Fees as adopted at time of development. Fees shall be computed by special
study in compliance with City policy. Said study shall be completed prior to
recordation of the first map or approval of the first development. (Ordinance and
Policy)
Recreation and Parks Conditions
61, Prior to the approval of the first tentative subdivision map within the GPAlZC
area, a Master Parks and Trails Plan for the entire GPAlZC area shall be
approved by the Planning Commission following a public hearing. The owners of
all properties affected by the proposed trail alignment within and east of the
GPAlZC area shall be provided notice of this public hearing.
62. Prior to submittal of any subdivision, owner shall enter into an agreement to pay
a park development fee not to exceed $1,275 per unit to be used for the
acquisition and development of an urban park, This fee is to be in addition to the
current park development fees required by ordinance.
Police and Fire Services Condition
63. Prior to submittal of any subdivision, owner shall enter into an agreement to pay
a fee to provide for the purchase of equipment and apparatus required for police
and fire services. Said fee will be imposed and collected at the time of issuance
of a building permit in an amount not to exceed $234 per unit.
Community Facilities District Condition
64. Prior to submittal of any subdivision, owner shall enter into an agreement to
support the establishment of a Community Facilities District to include an
assessment on all property covered by the proposed Old River Ranch Project.
The intent of the district is to provide financing for the operation and maintenance
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
of public facilities and services for Police and Fire services required to support
the project.
Golden EmDire Transit District Condition
65. 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, (Added by the Planning
Commission)
Photovoltaic Systems Condition
66, Prior to issuance of the first single-family residential building permit, the
developer shall demonstrate to the satisfaction of the Planning Department that
photovoltaic systems will be offered to all single-family homebuyers as an
optional feature. (Added by the Planning Commission)
Street Liahtina Condition
67. Prior to recordation of final maps, the Public Works Department shall verify that
all associated improvement plans specify that all street lights are to be zero cutoff
fixtures, (Added by the Planning Commission)
Williamson Act Contract Cancellation Fee
68. Prior to the recordation of a subdivision map creating parcels less than twenty
acres in size or the issuance of a building permit for any urban or non-agricultural
uses on Assessor Parcel Numbers 497-031-32, 497-031-37, 497-040-02, 497-
040-03, 497-040-11, 497-040-18, 497-040-19, and 497-060-01, the
applicanUdeveloper shall provide proof to the City of Bakersfield Planning
Department that the required Williamson Act Land Use Contract cancellation fee
of $3,560,625, or as calculated by the Kern County Assessor's Office, has been
paid to the Kern County Treasurer.
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
City Attornev Condition
69. In consideration by the City of Bakersfield for land use entitlements, including but
not limited to related environmental approvals related to or arising from this
project, the applicant, and/or property owner and/or subdivider ("Applicant"
herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield,
its officers, agents, employees, departments, commissioners or boards ("City"
herein) against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before administrative or judicial
tribunals of any kind whatsoever, in any way arising from, the terms and
provisions of this application, including without limitation any CEQA approval or
any related development approvals or conditions whether imposed by the City, or
not, except for CITY's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging
any decision by the City related to this project and the obligations of this
condition apply regardless of whether any other permits or entitlements are
issued.
The City will promptly notify Applicant of any such claim, action or proceeding,
falling under this condition within thirty (30) days of actually receiving such claim.
The City, in its sole discretion, shall be allowed to choose the attorney or outside
law firm to defend the City at the sole cost and expense of the Applicant and the
City is not obligated to use any law firm or attorney chosen by another entity or
party .
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Exhibit D
Statement of Facts, Findings, and Mitigation Measures
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Statement of Facts, Findings, and
Mitigation Measures
Introduction
To support a decision on a project for which an Environmental Impact Report
(EIR) is prepared, a Lead or Responsible Agency must prepare written findings
of fact for each significant environmental impact identified in the EIR. Pursuant
to Section 21081 of the Public Resources Code and Section 15091 of the State
CEQA Guidelines, the City of Bakersfield, as the Lead Agency, has prepared
these Findings of Fact for the Old River Ranch project. These Findings of Fact
must be adopted by the City Council after certification of the Final Program EIR
(pEIR) and at the time of approval of the proposed project.
Section 15091 of the CEQA Guidelines provides that no public agency shall
approve or carry out a project for which an EIR has been certified which
identifies one or more significant environmental effects of the project unless the
public agency makes one or more written findings for each of those significant
effects, accompanied by a brief explanation of the rationale for each finding. The
possible findings are:
· Changes or alterations have been required in, or incorporated into, the
project, which avoid or substantially lessen the significant environmental
effects as identified in the Final EIR.
· Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by
such other agency.
· Specifir. economic, legal, social, technological, or other considerations,
including provisions of employment opportunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified in
the Final EIR.
After considering the Final EIR in conjunction with making findings, the Lead
Agency must not approve the project if it will have a significant effect on the
environment unless it finds that the benefits of the project outweigh the
unavoidable adverse environmental effects. CEQA requires decision makers to
Old River Ranch Project (GPAlZC #03-1528)
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ORIGINAL
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
balance the economic, legal, social, technological, or other benefits of a proposed
project against its unavoidable environmental risks when detennining whether to
approve a project. Pursuant to Section 15093 of the CEQA Guidelines, a
St¡,tement of Overriding Considerations has been prepared for the proposed
proje~t.
Project Objectives
The project applicant and the City have both developed objectives for the
proposed project, each of which are presented below.
Applicant's Objectives
· To develop a high quality master planned community with its own identity,
incorporating a range of housing types; recreational features including parks,
greenbelts, trails, and playing fields; and shopping, employment, and
educational facilities.
· To proyide a mix of uses that would be mutually supportive linked by trails
and greenbelts, reducing automobile dependency and encouraging pedestrian
activity. These design features are expected to reduce air emissions related
to transportation.
· To create an ecologically sound development that incorporates a
comprehensive program of resource protection and conservation.
· To develop a self-contained community focused on a mixed-use Village
Center that serves as an entertainment and service center, and a gathering
place for a wide range of community activities and special events.
· To create a public and private system of parks, trails, and community
recreation facilities integrated into the physical plan of the community.
· To implement comprehensive streetscape and landscape standards
throughout the community, creating a unique identity and sense of place.
· To implement a comprehensive road and infrastructure improvement phasing
program assuring adequate capacity for buildout of the planned development.
· Provide a mix of housing for various economic levels of the community.
City of Bakersfield's Objectives
The City has identified in its MBGP goals and objectives guiding future urban
growth, including the fast-growing southwest Bakersfield area. The general plan
represents the official statement of the community's physical development goals
as well as economic, social, and environmental goals. Pertinent City goals and
objectives for the proposed project include:
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City of Bakersfield
Statement of Facts. Findings. and
Mitigation Measures
Chapter II, land Use Element
· Accommodate new deyelopment which captures the economic demands
generated by the marketplace and establishes Bakersfield's role as the capitol
of the southern San Joaquin Valley.
· Accommodate new development which provides a full mix of uses to support
its population.
· Accommodate new development which is compatible with and complements
existing land uses.
· Accommodate new development which channels land uses in a phased,
orderly manner and is coordinated with the provision of infrastructure and
public improvements.
· Accommodate new development that is sensitive to the natural environment,
and accounts for environmental hazards.
· Establish a built environment which achieves a compatible functional and
visual relationship among individual building sites.
Chapter III, Circulation/Streets
· Provide a safe and efficient street system that links all parts of the area for
movement of people and goods.
· Provide for safe and efficient motorized, non-motorized, and pedestrian
traffic movement.
· Minimize the impact of truck traffic on circulation, and on noise sensitive
land uses.
· Provide a street system that creates a positive image of Bakersfield.
· Provide a local street network that contributes to the quality and safety of
residential neighborlloods and commercial districts.
Chapter IV, Housing
· Provide an adequate supply of sites for the deyelopment of sound, affordable
new housing.
Chapter V, Conservation/Biological Resources
· Conserve and enhance Bakersfield's biological resources in a manner which
facilitates orderly development and reflects the sensitivities and constraints
of those resources.
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Chapter VI, Open Space
· Conserve and enhance the unique aspects of open space within the planning
area.
· Create an integrated system of open space amenities in the planning area.
Chapter X, Public Services & Facilities/Utilities
· Maintain a coordinated planning and implementation program for the
provision of public utilities to the planning area.
· Coordinate the planning and implementation of planning area municipal-type
utility facilities and services.
Chapter XI, Parks
· Provide parks and recreation facilities to meet the planning area's diverse
needs.
Proposed Project
The proposed project is GPA, Zone Change, and Annexation of approximately
1,853 acres to the City to allow for the new master planned conununity. The
design of the proposed project includes a mixed-use development defined by
various land use concepts, including low- to high-medium density residential,
recreation, general conunercial, school, and public service infrastructure. More
specific descriptions of the proposed uses within these areas are described below.
The proposed project will be subject to a Development Agreement with the City.
Proposed GPA
As discussed above, the project applicant is proposing a GPA to change the
existing MBGP land use designations. The proposed GPA would change the
land use designations from Intensive Agriculture (R-IA - minimum 20-acre
parcel size) and Mineral and Petroleum (R-MP - minimum land use designation
size 5 acres), to a mix of the following:
· LR - Low Density Residential, which is less than or equal to 7.26 dwelling
units per net acre (du/ac) (single-family detached housing, typical of tract
deyelopments);
· HMR -- High-Medium Density Residential, which is greater than
7.26 dulac and less than or equal to 17.42 dulac within the City, and less than
or equal to 17.42 dulac in the County of Kern; and
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Old River Ranch Project (GPAlZC #03-1528)
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City of Bakersfield Statement of Facts, Findings, and
Mitigation Measures
· GC - General Commercial, which is a maximum floor area ratio (FAR) of
1.0 and 4 stories (for retail and service facilities that provide a broad range of
goods and services, which serve the day-to~y needs of nearby residents).
In addition, as part of the proposed GP A, the applicant is proposing to change the
cir<:ulation, which would require amending the Circulation Element of the
MBGP. The proposed project would alter the existing Circulation Element in the
vicinity of this project to provide a more efficient circulation network to serve the
proposeá project. As part of the Circulation Element Amendment, the major
perimeter and internal arterials would remain in their current alignments as
Arterial roadways. The proposed Major Collector roads in the western half of the
site would be reconfigured to eliminate the existing grid pattern within the site.
Zone Change
The proposed project also includes prezoning by the City, which would change
the zoning from Kern County's existing zoning classification of A (Exclusive
Agriculture) to a mixture of residential and commercial zones, consistent with the
GPA. Figure ES-7 shows the proposed zoning, which would consist of the
following zoning classifications:
· R-1 (One-Family Dwelling Zone)- typically characterized by single-family
subdivision. However, other allowable structures and uses such as accessory
buildings (Le., garages, greenhouses, and swimming pools), home-based
daycares, and home occupations can be incorporated.
· R-2 (Limited Multiple-Family Dwelling Zone)-characterized by all uses
pennitted in an R-I zone, as well as limited multiple-family dwellings and
accessory buildings not exceeding 12 % of the area.
· R-3 (Limited Multiple-Family DweUing Zone}--characterized by all uses
pennitted in the R-1 and R-2 zones, as well as multiple-family dwellings and
apartment houses, and accessory buildings or structures necessary to such use
located on the same lot or parcel of land.
· C-1 (Neighborhood Commercial Zone)-medium-sized commercial
development. The collection of stores in these locales would typically be
small shopping centers or strip malls. Allowable uses include, but are not
limited to any use pennitted for a CoO zone (Professional and Administrative
Office Zone), apparel and accessory stores (excluding large-scale chain
department stores), automobile service stations, drugstores/pharmacies,
grocery stores, beauty salons, pet and pet supply stores, and restaurants.
Public utility structures and water pump stations also are allowed pursuant to
planning director review and approval.
· C-2 (Regional Commercial Zone)-typically associated with larger
commercial centers that may contain a number of larger-scale stores as well
as a mixture of smaller retail outlets, which can include any use pennitted for
CoO Zone (Professional and Administrative Office Zone) and C-I Zone,
apparel and accessory stores, automobile dealerships, computer software
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield Statement of Facts. Findings, and
Mitigation Measures
stores, department stores, fanners markets on weekends, hardware stores,
hotels, restaurants and other eating-related places, sporting goods stores,
theaters, and public or commercial parking.
. C-C (Commercial Center Zone}-intended for those areas in the city that
are planned for large-scale mixed-use development centers consisting of
conunercial and high-density residential uses consistent with the center's
concept as described in the general plan. The C-C zone is also intended to
allow a mix of commercial and residential uses that support businesses
within the commercial core of the city, providing a hannonious transition
from the commercial areas to residential areas. Allowable uses include, but
are not limited to any use permitted in the R-3, R-4, C-Q, C-l, and C-2
zones, except those uses permitted in the R-l and R-2 zones as referenced.
In connection with the commercial zones, a Planned Commercial Development
(PCD) overlay would also be required, The PCD zone would be used in
combination with the proposed commercial zones when assigning a base zone
that defines allowable uses and ensures future site development would be
compatible with surrounding development andlor recognizes unique site
characteristics.
Development Plan Concept
The proposed project involves a new master planned community in southwest
Bakersfield featuring a balance of residential, retail, employment, recreation, and
public facilities. A mixed-use Village Center is proposed as the focal point of the
new community, linked to residential neighborhoods by a system of
multi-purpose trails and local streets. The proposed project features a variety of
residential densities, with trails, retail facilities, schools, and parks to encourage a
more walkable community.
A description of the concepts for ultimate development of the site is provided
below to outline a broad guide to the related entitlements that may be requested
in the future. The following is conceptual, not detailed. Detailed design would
occur as future entitlement applications are submitted for review by the City at a
tract map level. Table 1 provides a summary of proposed land use acreages.
Tabl!! 1. Acreage Summary of Proposed Land Uses
Land Use Zone
R-t PUD (One-Family Dwelling Zone with Planned Unit
Development)
R-2 (Limited Multiple-Family Dwelling Zone)
C-C (Community Commercial Zone)
C-2 (Regional Commercial Zone)
Gross
Acreage
l,630.34
109.53
61.38
22.09
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
C-I (Neighborhood Commercial Zone) 9.66
___...__._______.___.___.______.__._____.___________n_.__.__.__.__.__"_.__n___.__...._._.__·__n___...___.____---.....-.-
Total Project Acreage 1,833 Acres
The site would be developed in phases and divided into four sections, which
would consist of several land uses, including low-medium and high-medium
density residential, commercial retail and office uses, and parks. Additionally,
public service uses such as schools would be included within the plan area to
accommodate future students generated by the proposed project. The locations
of the schools are yet to be detennined. The main design goal of the proposed
project is to create a walkable community, which is accommodated by
incorporation of design features to increase pedestrian accessibility to the various
project components. Specific design features to accomplish this increased
accessibility include use of pedestrian pathways as well as roadway designs
aimed at calming traffic. The proposed project also has been designed to
encourage pedestrian traffic by placing destination points such as parks and
commercial centers within walking distance of most residences. Perimeter walls
would be placed around the project boundary along Taft Highway, Old River
Road, Allen Road, and Panama Lane primarily because of traffic noise from
these arterial roadways.
The majority of residential units would be single-family and would total
approximately 5,979 units. The community would be divided into four sections,
which would be generally delineated by the quadrants created by Buena Vista
an" McCutchen Roads that would fonn the perimeters. Each section is proposed
to contain four neighborhoods for a total of 16 neighborhoods throughout the
proposed project. At the center of each section would be a community park
within walking distance of residents. Higher density multi-family residential
areas would include approximately 1,058 units, and would be located in three
general areas: two would be adjacent to the southern right-of-way of McCutchen
Road and the third would be at the northeast comer of Allen Road and Taft
Highway. All three would be within an approximate 5- to 10-minute walk of the
retail centers located near the intersection of these main roadways.
A central park and 34.7-acre commercial center would be located at the center of
the proposed project and would be within a 10-minute walk of most residences
within the project. Retail centers would range in size, from 2 to 3-acre
conyenience centers to the 34.7-acre commercial center. The smaller retail
centers would be located throughout the project area at locations designed to be
easily accessible to the various smaller villages. The combination of commercial
areas is planned to serve most needs of future residents to promote a self-
contained deyelopment theme.
Village parks are located at the tenninus of major collectors, and mini-parks are
located within most neighborhoods. The applicant would provide public parks
according to the City's standards (general plan calls for a minimum of 2.5 acres
of neighborhood park space per population of 1,(00). At the heart of each
neighborhood would be a mini-park located within a 5-minute walk from most
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City of Bakersfield
Statement of Facts, Findings. and
Mitigation Measures
residences within that neighborhood. The minimum sized 1.5-acre mini-park is
intended to serve as a gathering place or focal point for residents within each
neighborhood. Components of these parks would include areas with playground
areas for small children, benches, picnic tables, walkways, shade trees, and
landscaping.
Two regional highways are proposed within close proximity to the project site.
The west beltway is planned more than 0.5 mile west of the site, and SR-119 is
planned for expansion as the south beltway along the southerly boundary of the
site. The project site is divided by a series of planned circulation elements that
include arterial roadways and major collector streets. Collector roadways would
serve as parkways and would be built with landscaped medians. The proposed
pruject includes requests for modified collector standards within the project area.
Additionally, one residential area south of McCutchen Road and west of Buena
Vista Road would be a guard-gated community and would have private street
standards. The circulation system will include landscaped parkways and bicycle
lanes. The minimum curve radius would be planned according to street design
standards.
Existing oil wells and production facilities would remain integrated within the
project site until such time the production value diminishes. Oil drilling islands
will be identified on the tentative maps during future phases of the proposed
project, with the underlying land use and zoning designations remaining
residential or open space as required by the MBGP.
Phasing
The proposed project would be developed in about four phases, extending to the
year 2020. The phasing plan generally involves the following:
· Phase I (To Be Completed By 2008) would involve construction of 1,306
low-density residential units in the northeastern and central portions of the
site, and approximately 191,660 square feet of commercial office uses on 17
acres at the northwest comer of Buena Vista Road and McCutchen Road;
· Phase IT (2012) would involve construction of an additional 1 ,987
single-family residential units in the northwest portion of the site, 454
multi-family high-medium density residential units in the northeast portion of
the site, and approximately 431,530 square feet of commercial retail uses on
approximately 332 acres at the southeast comer of Buena Vista Road and
McCutchen Road, and 5.6 acres in the northwestern portion of the site;
· Phase III (2016) would involve construction of an additional 489 single-
family residential units and 270 multi-family high-medium density
residential units in the central-western portion of the site, 210 single-family
residential units in the central-eastern portion of the site, and approximately
153,550 square feet of commercial retail uses on approximately 14.1 acres at
the central-eastern portion of the site along Allen Road; and
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Old River Ranch Project (GPAlZC #03-1528)
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City of Bakersfield
Statement of Facts, Findings. and
Mitigation Measures
. Phase IV (2020) would involve construction of an additional 1,469 single-
family residential units and 334 multiple-family high-medium density
residential units in the southwestern portion of the site, 518 single-family
residential units in the southeastern portion of the site, and approximately
110,000 square feet of commercial retail uses on 5.5 acres in the southwest
portion of the site and on 4.6 acres in the southeastern portion of the site.
Entitlements and Approvals
The applicant's specific entitlement objective under this environmental document
is to obtain the City's approval of a GPA, Zone Change, Vesting Tentative Tract
Map (financing map), and a Development Agreement. The Draft PEIR would
also be used to support the proposed annexation of the site under separate action
by Kern County LAFCO. Related future approvals include a vesting tentative
tract map, a parcel map for non-residential components, PCD submittals,
Williamson Act Contract Cancellation, possible Conditional Use Pennits (CUP),
and possibly other pennitting actions from other responsible agencies. A
development agreement with the City is being proposed to assure a balance of
public and private benefits, and to protect the applicant's substantial investment
in quality community planning and development. The applicant will prepare
detailed design guidelines to govern implementation of the master plan concept.
Findings of Fact
Findings of Fact are based on infonnation contained within the Draft and Final
PEIR for the proposed Old River Ranch project. The Draft PEIR addresses the
potential effects on the environment that are associated with the proposed project,
and was made available for public review from July 13,2005, and ended on
August 28, 2005. Comments were received from a variety of public agencies,
organizations, and individuals. The Final PEIR contains copies of the comments,
provides responses to those comments, and includes Errata for the Draft PEIR
with changes that were made as a result of the comments received on the Draft
PEIR. This section provides a summary of the significant enyironmental effects
of the project that are discussed in the PEIR, and provides written findings for
each of those significant effects, accompanied by a brief explanation of the
rationale for each Finding.
Environmental Impacts
Summary of Impacts
The Final PEIR indicated that potentially significant impacts to the following
environmental resources would occur if the proposed project is implemented:
. aesthetics,
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ORIG!NAL
Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
· agricultural resources,
· air quality,
· biological resources,
· cultural resources,
· hazards and hazardous materials,
· hydrology and water quality,
· land use and planning,
· noise,
· public services and utilities,
· recreation, and
· transportation/traffic.
Other environmental impacts were identified and disclosed within the Draft
PEIR. Impacts that were deternñned to be less than significant and that would
not require the implementation of mitigation include:
· geology and soils,
· mineral resources, and
· population and housing.
These findings are presented by environmental resource and are presented
separately for enyironmental impacts that are potentially significant but mitigated
to less than significant levels, and significant unavoidable environmental
imryacts. Where mitigation measures are proposed, these mitigation measures are
included in a Mitigation Monitoring Plan, which has been prepared separately
from these Findings of Fact. In addition to the mitigation measures that have
been incorporated into the proposed project, several alternatives were identified
in order to attempt to reduce significant environmental impacts associated with
the proposed project.
Environmental Impacts That Are Mitigated to Less Than
Significant Levels
The following environmental impacts were found to be potentially significant,
but could be reduced to less than significant levels through the implementation of
appropriate mitigation measures.
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ORIGiNAL
Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Aesthetics
Impact
AES-l. Implementation of the proposed project could result in impacts from an
increase in nighttime lighting. New lighting would be introduced throughout the
proposed project, including lights within and around the proposed residential
neighborhoods, commercial areas, parks, and within parking lots. Most of the
lighting for the proposed project area would not substantially affect views in this
area, as the light generated would be typical of suburban development. In
accordance with these standards, a lighting plan would be required for the
proposed project in accordance with as detailed in the Zoning Ordinance.
Mitigation
MM AES-l.l. During the installation of lighting standards, luminaries shall be
provided with filtering louvers and hoods to minimize spill light to adjacent
pn,operties.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Air Quality
Impact
AQ-l. The proposed project would generate temporary construction emissions
through each phase of project construction. The San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD) has requires implementation of effective
and comprehensive control measures. Construction emissions would consist of
particulate matter (PMlO), reactive organic compounds (ROG), and nitrogen
oxides (NOx). SJVUAPCD, compliance with Regulation VIII would mitigate
construction emissions.
Mitigation
MM AQ-l.l. Comply with Regulation VIII to Minimize Construction
Emissions. The project applicant shall comply with SJVUAPCD Regulation VIII
and implement additional construction vehicle emissions reduction measures. To
control the generation of construction-related PMlO fugitive dust and exhaust
emissions, the project applicant shall comply with SJVUAPCD Regulation VIII
and the measures summarized below.
SJVUAPCD Regulaiion VIII Control Measuresfor Construction
Emissions of PM] 0:
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ORIG!NAL
Old River Ranch Project (GPAlZC #03-1528)
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City of Bakersfield Statement of Facts. Findings. and
Mitigation Measures
· All disturbed areas, including storage piles that are not being actively utilized
for construction purposes, shall be effectively stabilized of dust emissions
using water, chemical stabilizerlsuppressant, or by covering with a tarp or
other suitable cover or vegetative ground cover.
· All onsite unpaved roads and offsite unpaved access roads shall be
effectively stabilized of dust emissions using water or chemical
stabilizerlsuppressant.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut
and fill, and demolition activities shall be effectively controlled of fugitive
dust emissions utilizing application of water or by presoaking.
· With the demolition of buildings up to 6 stories in height, all exterior
surfaces of the building shall be wetted during demolition.
· When materials are transported off site, all material shall be covered or
effectively wetted to limit visible dust emissions, and at least 6 inches of
freeboard space from the top of the container shall be maintained.
· All operations shall limit or expeditiously remove the accumulation of mud
or dirt from adjacent public streets at the end of each workday. (The use of
dry rotary brushes is expressly prohibited except where preceded or
accompanied by sufficient wetting to limit the yisible dust emissions. Use of
blower devices is expressly forbidden.)
· Following the addition of materials to, or the removal of materials from, the
surface of outdoor storage piles, said piles shall be effectively stabilized of
fugitive dust emissions utilizing sufficient water or chemical
stabilizerlsuppressant.
· Within urban areas, trackout shall be immediately removed when it extends
50 or more feet from the site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
SJVUAPCD Control Measures for Construction Equipment Exhaust
Emissions:
· Use aqueous diesel fuel, particulate filters, and lean NOx catalysts in all
diesel powered off-road construction equipment.
· Minimize idling time (e.g., 10 minute maximum).
· Limit the hours of operation of heavy-duty equipment and/or the amount of
equipment in use.
· Replace fossil-fueled equipment with electrically driven equivalents.
· Curtail construction during periods of high ambient pollutant concentrations;
limiting construction may include ceasing of construction activity during the
peak hour of vehicular traffic on adjacent roadways.
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ORiG'NAL
Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield Statement of Facts, Findings, and
Mitigation Measures
· Implement activity management (e.g., rescheduling activities to reduce short-
tenn impacts).
· Properly and routinely maintain all construction equipment, as recommended
by manufacturer manuals, to control exhaust emissions.
· Encourage ride sharing and use of transit transportation for construction
employee commuting to project sites.
Additional Control Measures to Reduce Architectural Coating
Emissions:
· Use architectural coatings that average 100 grams volatile organic
compounds (VOC) per liter or less for residential indoor, 50 grams VOC per
liter for residential outdoor, and 250 grams VOC per liter for non-residential
applications.
Finding
Changes or alterations have been incorporated into the project that avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
AQ-2. Operational air quality impacts would occur from emissions related to
vehicle traffic and from stationary and area emission sources. Area source
emissions include those from natural gas combustion for water and space heating,
landscaping equipment, and personal household product use. The emissions that
would be reduced by the retirement of the fanned portion of the property were
credited to the emissions created by the proposed project. The resulting
emissions equal 0.8 tons ofROG per year, 8.9 tons of NO x per year, and 13.9
tons of PM 10 per year. These emissions exceed SJVUAPCD thresholds.
Mitigation
MM AQ-2-1. The URBEMIS2oo2 model identifies several measures that can
be used (0 minimize emissions associated with residential projects. These
measures that shall be included as part of operations of the proposed project
include:
. increasing energy efficiency measures in all buildings to ensure that they are
10% more efficient than the energy requirements established by CalifofiÚa
Title 24 and
. ensuring that 50 % of all landscape maintenance equipment used in
commercial applications is electrically powered.
URBEMIS quantifies the effectiveness of these mitigation measures. This
mitigation measure would reduce building energy consumption-related emissions
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OR!G'NAL
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
by 10 %, and landscape emissions would be reduced by 50 %. After mitigation,
the residual emissions would still be greater than the SJVU APCD significance
thresholds because the majority of operational emissions are from motor vehicle
trips.
MM AQ-2.2. Prior to the issuance of the first building pennit, the project
applicant shall enter into an agreement with the SJVUAPCD for the mitigation of
NOX, ROG, and PMlO emissions. This agreement may include, but is not
limited to, the payment of fees to the district for the purpose of offsetting project
emissions. Examples of such a program would be the purchase of new diesel
engines for heavy-duty trucks and agricultural equipment, retrofitting diesel
engines with controls (e.g., oxidation catalyst, diesel particulate filter), and
conversion of City-owned vehicles from gasoline and diesel to compressed
natural gas engines. This emissions offset program would be coordinated with
and approved by the SJVUAPCD and based on estimates of achievable emissions
reductions. This offset program would reduce emissions in sufficient quantities
such that the net increase in regional emissions would be zero. With
implementation of this mitigation, the impact would be reduced to less-than-
significant levels.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Bioloaical Resources
Impacts
BIO-2. Development of the site could result in direct or indirect impacts to the
federally listed endangered and state-listed threatened San Joaquin kit fox. While
habitat features and other signs for this species are not present on site, the species
is known to occur in the vicinity of the site. Therefore, there is potential for this
species to occur on site, and impacts to this species could be significant.
14
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Old River Ranch Project (GPAlZC #03-1528)
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City of Bakersfield
Statement of Facts, Findings. and
Mitigation Measures
The presence of native trees and shrubs on site provides suitable nesting and
roosting habitat for migratory bird species, including the state-listed threatened
Swainson's hawk, protected under the Migratory Bird Treaty Act. Development
of the site could result in impacts to these species.
Development of the site could result in direct or indirect impacts to the CDFG
species of concern burrowing owl. 11Iis species was observed on site on
McCutchen Road and along a drainage ditch canal in the southeast quarter of
Section 36. Impacts to this species would be significant. This species is not
covered under the Metropolitan Bakersfield Habitat Conservation Plan
(MBHCP).
Mitigation
MM BIO-2.1. Pay Development Impact Fees Pursuant to the Metropolitan
Bakersfield Habitat Conservation Plan. The San Joaquin kit fox is a covered
species within the MBHCP. The payment of development impact fees is
considered adequate mitigation under the MBHCP to minimize impacts to
sensitive species. The fees are placed in an account for habitat acquisition and
management to be used by the MBHCP Trust Group. Upon application and
approval of future tract map phases within the proposed Old River Ranch project
area, the applicant shall pay the required mitigation fee or fees. Upon the
payment of this fee and receipt of City project approval, a development applicant
would become a sub-pennittee and would be allowed the "incidental take" of the
species in accordance with state and federal endangered species laws and
mitigation requirements of all parties, state, federal, and local (MBHCP).
Payment to the plan would reduce impacts to less-than-significant levels.
MM BIO-2.2. Construction Shall Be Conducted Outside of Breeding Season
for Birds. To avoid impacts to nesting birds, including the Swainson's hawk, no
ground disturbance, site clearing, or removal of any potential nesting habitat shall
be conducted within the typical breedinglnesting season for birds (February 15 to
August 30).
or,
MM BIO-2.3. Conduct Preconstruction Survey for Nesting Birds. Prior to any
ground-disturbing activities, a qualified biologist shall conduct surveys for
nesting birds, including raptors. The surveys shall occur at a minimum of 3 days
prior to the clearing, removal, or trimming of any vegetation. Surveys shall
include areas within 200 feet of the edge of the project boundary and the entire
project site. If active nests are found, a 50-foot (minimum) fence barrier shall be
erected around the nest site. A 200-foot barrier shall be required for any raptor-
nesting site. No habitat removal or any other work shall be allowed to occur
within the fenced nest zone until a qualified biologist confinns that the young
have fledged and have left the nest.
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Old River Ranch Project (GPAlZC #03-1528)
-'"~_.-
City of Bakersfield
Statement of Facts, Findings. and
Mitigation Measures
MM BIO-2.4. Conduct Preconstruction Survey for Burrowing Owls. Prior to
ground-disturbing activities, a qualified biologist shall conduct surveys for
burrowing owls in accordance with the Staff Report on Burrowing Owl
Mitigation (CDFG 1995) and the California Burrowing Owl Consortium
guidelines (Santa Cruz Predatory Bird Research Group 2(05). The survey will
be conducted over the entire site and, where possible, 150 feet around the project
site. If no burrows or burrowing owls are identified, then no further action is
required .
If burrows or burrowing owls are identified, then the following mitigation should
be implemented. If possible, when burrowing owls are detected during the
breeding season, impact should be avoided. A no-disturbance buffer zone should
be delineated in a 75-meter radius around the occupied burrow. No ground
disturbance would be permitted in the no-disturbance buffer zone until a
qualified biologist has determined that the young have fledged.
Finding
Changes or alt~rations have been incorporated into the project, which avoid or
substantially lessen the significant enviromnental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
BIO-3. There are no migration corridors or wildlife nurseries on site. However,
because the site contains a number of tall trees, the site has the potential to be
used by nesting birds and to provide resting and foraging habitat for migratory
birds, including the Swainson's hawk.
Mitigation
Implement either Mitigation Measure MM BIO-22 or MM BIO-2.3 (as detailed
above).
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant enviromnental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
BIO-5. The proposed development does not conflict with any City ordinance or
policies and complies with the MBGP and the MBHCP. Payment of
development impact fees would reduce impacts to species covered under the
MBHCP.
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'!P!G!NAL
Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Mitigation
Implement Mitigation Measure MM BIO-2.1 (as detailed above).
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Cultural Resources
Impacts
CR-l. Four prehistoric archaeological sites, one historical archaeological site
and seven prehistoric isolated artifacts were located within the proposed project
area. No further work is necessary for the seven prehistoric isolated artifacts as
recordation is considered sufficient mitigation. However, ground-disturbing
activities, typically associated with construction, could impact the four
potentially significant prehistoric archaeological sites as well as the one
potentially significant historical archaeological site.
Mitigation
MM CR-l.l. Perform Subsurface Test-Level Investigations for Identified
Prehistoric Sites. Prior to tentative tract map approval or recordation of final
map for affected parcels, a qualified archaeologist shall be retained by the
developer to perform a subsurface test-level investigation for the four prehistoric
archaeological sites (Destefani-3, PM#I, PM#2, and PM#3), and one historical
archaeological site (PM#H), and surface collection as appropriate. The test-level
report evaluating the site shall include a discussion of significance (i.e., depth,
nature, condition, and extent of resources), final mitigation recommendations,
and cost estimates. Any resource identified shall be recorded, excavated, and
curated, as appropriate. Prior to the issuance of a grading permit and based on
the report recommendations, final mitigation shall be carried out, which may
include recordation, excavation, and curation.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
CR-2. Buried cultural resources that were not identified during field surveys
could be inadvertently unearthed during ground-disturbing activities, which
could result in the demolition or substantial damage to significant cultural
resources.
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ORIG!NAL
Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings. and
Mitigation Measures
Mitigation
MM CR-2.1. Contact a Qualified Archaeologist if Buried Cultural Resources
Are Inadvertently Discovered during Ground-Disturbing Activities. If buried
cultural resources, such as chipped or ground stone, historic bottles or ceramics,
building foundations, or non-human bone are inadvertently discovered during
ground-disturbing activities, work will stop in that area and within 100 feet of the
find until a qualified archaeologist can assess the significance of the find and, if
necessary, develop appropriate treatment measures. Treatment measures
typically include development of avoidance strategies, capping with fill material,
or mitigation of impacts through data recovery programs such as excavation or
detailed documentation.
Sites discovered having relevance to Native Americans shall be made known to
the appropriate individuals/agencies/groups as detennined by the archaeologist in
consultation with the Lead Agency.
If archaeological sites are discovered on site during construction, and an
archaeologist is contacted to detennine the significance of the find, the developer
shall provide written evidence to the City Planning Department that a qualified
archaeologist has been retained, shall be present at the pre-grading conference,
shall establish procedures for archaeological resource surveillance, and shall
establish in cooperation with the project developer procedures for temporarily
halting or redirecting work to pennit the sampling, identification, and evaluation
of the artifacts as appropriate.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
CR-3. Bu:ied human remains could be inadvertently unearthed during
excavation activities, which could result in damage to these human remains.
Mitigation
MM CR-3.1. Treatment of Human Remains Inadvertently Discovered during
Ground-Disturbing Activities. If human remains of Native American origin are
discovered during project construction, it is necessary to comply with state laws
relating to the disposition of Native American burials, which fall within the
jurisdiction of the Native American Heritage Commission (Pub. Res. Code Sec.
5097). If any human remains are discovered or recognized in any location other
than a dedicated cemetery, there will be no further excavation or disturbance of
the site or any nearby area reasonably suspected to overlie adjacent human
remains until:
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield Statement of Facts, Findings, and
Mitigation Measures
. the cornner of Kern County has been infonned and has detennined that no
investigation of the cause of death is required, and
. if the remains are of Native American origin,
a. the Native American Heritage Commission was unable to identify a
descendant or the descendant failed to make a reconunendation within 24
hours after being notified by the commission, or
b. the descendants of the deceased Native Americans have made a
reconunendation to the landowner or the person responsible for the
excavation work for means of treating or disposing of, with appropriate
dignity, the human remains and any associated grave goods as provided
in Public Resources Code Section 5097.98.
According to California Health and Safety Code, six or more human burials at
one location constitute a cemetery (Section 81(0) and disturbance of Native
American cemeteries is a felony (Section 7052). Section 7050.5 requires that
construction or excavation be stopped in the vicinity of discovered human
remains until the coroner can detennine whether the remains are those of a
Native American. If the remains are detennined to be Native American, the
coroner must contact the California Native American Heritage Commission.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a rnitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Hazards and Hazardous Materials
Impacts
HAZ-4. The proposed project site is not listed in a state or federal database of
sites known to have experienced a hazardous materials spill or incident, other
than those databases that list known oil and water wells. However, there is a
potential that hazardous materials have contaminated isolated portions of the
proposed project site as a result agricultural and petroleum-producing activities
as well as associated infrastructure such as pipelines, storage tanks, equipment
use, wells, etc. Accordingly, the site contains a number oflocations that could
pose a health risk to future workers and residents if not appropriately
characterized and appropriately remediated prior to development of the proposed
project. These risks could occur from:
. Materials containing asbestos
. Hazardous materials stored onsite in aboveground storage tanks (ASTs) and
drums
19
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
· Subsurface impacts from unauthorized release(s) of fuel and other
constituents from the onsite ASTs
· Stained soil from uses associated with the operation of agricultura1
equipment, oil wells, pump stations, storage tanks such as those in the
various storage yards, and fertilizer/pesticides, and through spraying and
application of these materials.
· Fertilizers, pesticides, herbicides, and petroleum residues
· Groundwater impacts from the above materials if leached into the ground
· Dangers associated with groundwater wells (i.e., children falling into wells)
· Improper abandonment of oil wells
· Potential oil-based, toxic, drilling muds (containing hydrocarbons andlor
methane) associated with the onsite oil wells
· Existing natural gas pipelines and oil pipelines that may be breached or could
have experienced leaks
· Power poles and transfonners that could potentially contain polychlorinated
biphenyls (PCBs), and potential soil residues
· Potentially septic tank(s)
Mitigation
MM HAZ-4.1. Evaluate and Abate Asbestos. Prior to tentative tract map and
grading approvals, all areas containing structures that have the potential to
contain ACBMs shall be inspected and evaluated by an asbestos specialist to
detennine the potential to contain such materials. These include structures built
beìore the 1970s, as well as debris piles containing remnant concrete irrigation
pipe. All matt'rials detennined to contain asbestos or have a high likelihood to
contain asbestos shall be abated and shall be disposed of at an appropriate
hazardous materials disposal site by a qualified hazardous materials specialist.
MM HAZ-4.2. Conduct Soil Sampling at Aboveground Storage Tank
Locations and Remediate as Necessary. Prior to issuance of grading pennits for
the each subsequent development phase within project Areas 1,2,3, or 4 (as
delineated in this Hazards and Hazardous Materials section), soil sampling and
analyses shall be conducted in the vicinity of aboveground and underground
storage tanks, particularly the three I ,OOO-gallon and one 1O,OOO-gallon diesel
fuel. ASTs associated with three existing water wells on site. Such testing also
shall occur at selected locations in the equipment storage/maintenance yard to
define the vertical extent of diesel fuel contamination. Should the analysis of
stained soils reveal that contamination is below toxic limits, no further action
would be required. However, if remediation is recommended, then the
contaminated soil shall be removed and/or remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB requirements prior to site development.
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Oid River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
MM HAZ-4.3. Conduct Soil Sampling at Equipment Storage/Maintenance
Yard and Remediate as Necessary. Prior to issuance of grading pennits for the
subject areas, soil sampling and analyses at selected locations in the equipment
storagelmaintenance yard shall be completed to define the vertical extent of
diesel fuel contamination. Should the analysis of stained soils reveal that
contamination is below toxic limits, no further action would be required.
However, if remediation is recommended, then the contaminated soil shall be
removed andlor remediated according to state and local guidelines, and the site
shall be properly closed according to Central Valley RWQCB requirements prior
to site development.
MM HAZ-4.4. Remove Diesel-Impacted Soil Near Soil Boring 5. Prior to
issuance of grading pennits for the area near Soil Boring 5, located on the south
side of the fenced equipment storage and maintenance yard, approximately 150
feft west of Buena Vista Road (associated with the 1 ,ooo-gallon diesel AST
serving an irrigation well), the contaminated soil shall be removed. A backhoe or
excavator shall remove the diesel-impacted soil at the location due to the
unknown depth of the contamination. The walls and floor of the excavation shall
be sampled when the diesel-impacted soil appears to be removed based on visual
observation. Samples shall be sent to a state-certified laboratory for analysis.
Contaminated soil shall be stockpiled or containerized in 55-gallon sealed drums
and labeled as to the contents. Disposed of according to State and local
guidelines. Following remediation, the site shall be properly closed according to
Central Valley RWQCB requirements prior to site development.
MM HAZ-4.5. Conduct Soil Sampling Near Agricultural Water Well and
Remediate as Necessary. Prior to issuance of grading pennits for the proposed
project, soil sampling and analyses shall be conducted in the vicinity of the
l,ooo-gallon diesel fuel AST associated with an agricultural water well located in
the northeastern portion of the subject site to define the vertical extent of diesel
fuel contamination. Should the analysis of impacted soils reveal that
contamination is below toxic limits, no further action would be required.
However, if remediation is recommended, then the contaminated soil shall be
removed andlor remediated according to state and local guidelines, and the site
shall be properly closed according to Central Valley RWQCB requirements prior
to site development.
MM HAZ-4.6. Remove Oily Waste Drums and Containers. Prior to site
development, the two full/partially full 55-gallon drums and one 5-gallon
container of oily waste located northwest of the barn shall be removed from the
subject site by a licensed contractor and properly disposed of off site.
MM HAZ-4,7. Sample and Analyze Soil Near Aboveground Tanks in Central
Storage Yard, and Remove/Remediate as Necessary. Prior to issuance of grading
pennits, soil samples shall be collected from under the 550-gallon AST and 1,000
gallon diesel AST within the southeastern portion of the storage yard in the
central portion of the site. These samples shall be analyzed to detennine the
presence or absence of concentrations of petroleum fuel constituents. Should the
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Old River Ranch Project (GPAJZC #03-1528)
City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
analysis of impacted soils reveal that contamination is below toxic limits, no
further action would be required. However, if remediation is recommended, then
tht contaminated soil shall be removed andlor remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB rt"quirements prior to site development.
MM HAZ-4.8. Sample and Analyze Soil Near 1,OOO-Gallon Low Sulfur Dyed
Diesel Tank, and RemovelRemediate as Necessary. Prior to issuance of grading
permits, soil sampling and analyses shall be conducted beneath the 1,OOO-gallon
AST labeled "low sulfur dyed diesel" on the unpaved ground surface in the
central portion of the subject site to assess the extent and concentrations of diesel
fuel impacts. Should the analysis of impacted soils reveal that contamination is
below toxic limits, no further action would be required. However, if remediation
is recommended, then the contaminated soil shall be removed andlor remediated
according to state and local guidelines, and the site shall be properly closed
according to the Central Valley RWQCB requirements prior to site development.
MM HAZ-4.9. Sample and Analyze Stained Soils, and RemovelRemediate as
Necessary. Prior to issuance of grading permits, soil samples shall be collected
and analyzed at two areas of stained soil in the northwestern and central portions
of the site to assess the extent and concentrations of subsurface impacts by
related constituents of concern. Should the analysis of impacted soils reveal that
contamination is below toxic limits, no further action would be required.
H('wever, if remediation is recommended, then the contaminated soil shall be
removed andlor remediated according to state and local guidelines, and the site
shall be properly closed according to Central Valley RWQCB requirements prior
to site development.
MM HAZ-4.10. Place Secondary Contaimnent Structures beneath All
Aboveground Tanks until Removal. For all ASTs that do not contain secondary
contaimnent structures, secondary contaimnent shall be placed beneath all onsite
ASTs until the removal of the AST occurs for the redevelopment of the subject
site, in order to minimize potential unauthorized releases of hazardous materials
from potentially impacting the site.
MM HAZ-4,l1. Assess and RemovelRemediate Near Metal Pipe. Prior to
issuance of grading permits, the approximately 3 inch diameter metal pipe that is
protruding from the ground in the northeastern portion of the subject site shall be
assessed with a backhoe to determine evidence of subsurface soil impacts by
gasoline fuel constituents. Following the subsurface excavation, if soil sampling
and analysis is necessary to further assess the concentration and extent of
potential impacts, soil samples shall be collected and analyzed to determine the
extent and concentrations of subsurface impacts by related constituents of
concern. Should the analysis of impacted soils reveal that contamination is
below toxic limits, no further action would be required. However, if remediation
is recommended, then the contaminated soil shall be removed andlor remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to site development.
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City of Bakersfield
Statement of Facts. Findings. and
Mitigation Measures
MM HAZ-4.12. Remove Waste Oil Drum. Prior to grading of the site, the
existing 55-gallon drum of waste oil located in the northern portion of the site
adjacent to the onsite agricultural water well shall be transported off site for
proper disposal by a licensed contractor as soon as possible so that the potential
threat of a release to the site is minimized.
MM HAZ-4.13. Sample and Analyze Soil Near Aboveground Tanks at the
Gosford-Coulter Tank Fann, and RemovelRemediate as Necessary. Prior to
issuance of grading permits, soil samples shall be collected from beneath the
three onsite ASTs without secondary containment features at the Gosford-Coulter
Ta;ù( Fann facility in the central portion of the subject site. The soil samples
should be analyzed to determine the presence or absence of concentrations of
total recoverable petroleum hydrocarbons, solvents, and hazardous constiruents
of antifreeze. Should the analysis of impacted soils reveal that contamination is
below toxic limits, no further action would be required. However, if remediation
is recommended, then the contaminated soil shall be removed andlor remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to site development.
MM HAZ-4.14. Sample and Analyze Soil Near Aboveground Drums, and
RemovelRemediate as Necessary. Prior to issuance of grading permits, soil
samples shall be collected and analyzed in the location beneath the onsite, stand-
mounted, 55 gallon drum labeled as lube oil and the steel-rack-mounted 55-
gallon drum labeled as gear oil at the tank fann facility to determine the presence
or absence of concentrations of petroleum hydrocarbons. Should the analysis of
impacted soils reveal that contamination is below toxic limits, no further action
would be required. However, if remediation is recommended, then the
contaminated soil shall be removed andlor remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB requirements prior to site development.
Ml\1 HAZ-4.1S. Sample and Analyze Soil Near Aboveground Crude Oil
Tanks, and RemovelRemediate as Necessary. Prior to issuance of grading
permits, soil sampling and analysis shall be conducted for the locations of the
four former crude-{}il ASTs in the east-central portion of the tank fann facility to
determine the extent of crude-{}il impacts and to determine the presence or
absence of concentrations of petroleum fuel constituents. Should the soil
analysis reveal that contamination is below toxic limits, no further action would
be required. However, if remediation is recommended, then the contaminated
soil shall be removed and/or remediated according to state and local guidelines,
and the site shall be properly closed according to Central Valley RWQCB
requirements prior to site development.
MM HAZ-4.16. Abandon/CloselDestroy Water Wells. Prior to issuance of any
grading permits, all existing water wells shall be properly abandonedlclosed
andlor destroyed in accordance with state and local guidelines and shall be
evaluated and verified by the Water Section of the Kern County Certified Unified
Protection Agency.
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings. and
Mitigation Measures
MM HAZ-4.17. Evaluate and Abandon Fonner Oil Wells, and Properly Close,
Clean, and Re-Abandon, as Necessary. Prior to issuance of grading pennits,
inactive or previously abandoned oil wells in the proposed project area defined
by the corresponding set of tract map(s) shall be evaluated to ensure that the
existing abandonment conditions meet or exceed current DOGGR standards. If
not, they shall be properly closed, cleaned, and abandoned or re-abandoned in
accordance with all applicable state and local guidelines prior to any ground
disturbing activities. All existing inactive oil wells, abandoned oil wells, or shut-
in oil wells shall be required to implement a closure plan to render all wells inert
and to confonn to DOGGR oil well abandonment or re-abandonment procedures.
The applicant shall be required to file a Notice of Intent to Abandon Well fonn
with DOGGR. The notice shall include all required abandonment procedures on
a well-by-well basis in accordance with Article 14, Chapter 3, Sections 1723
through 1723.9 of the CCR. Abandonment of wells shall be perfonned and
verified to the satisfaction of DOGGR.
MM HAZ-4.18. Test and RemovelRemediate Soil Near Buried Oil Wells. At
the time grading operations proceed, an excavator shall be used to remove soil
overlying and surrounding each of the buried abandoned oil wells that were
discovered on site at their staked locations. When safe access has been provided
at each lochtion, each well shall be tested for methane eDÙssions. This testing
will verify the integrities of the abandonment plugs. Once the wells have been
exposed, further geophysical testing may continue in order to locate, insofar as
possible, the mud pits andlor production sumps associated with the wells. These
pits and sumps DÙght be expected to be located within a 75-foot radius of each
well. Once the pits and sumps are located, analytical samples shall be collected
in order to detennine their contents. Upon analysis of the collected samples, a
detennination shall be made regarding subsequent remedial actions. Prior to
commencement of any construction activity in these areas, final confinnation and
a closure statement shall be obtained by the City of Bakersfield Fire Department
ESD. If the City of Bakersfield Fire Department ESD is not satisfied that all
potentially hazardous materials have been removed to acceptable concentrations,
a remedial action plan shall be developed and implemented to the division's
satisfaction.
MM HAZ-4.19. Fence All Oil Wells. Prior to occupancy of any residence
within the project area, each area containing (an) oil well(s) (either active,
abandoned, or shut-in) shall be made inaccessible with chain-linked fence until
such time that they have been closed and abandoned to the satisfaction of
DOGGR.
MM HAZ.-4.20. Evaluate and RemovelRemediate Oil Mud Pits. Prior to the
approval of final tentative tract maps and grading plans, all areas surrounding
fonner or current oils wells that contain oil mud pits or residues thereof shall be
evaluated through subsequent sampling and testing to detennine their
characteristics and vertical and lateral extent. All areas contain drilling muds and
such residues shall be excavated, and the removed soils shall be disposed of at an
appropriate hazardous materials disposal site according to state and local
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
guidelines. All work shall be completed to the satisfaction of the DTSC and
OOGGR.
MM HAZ-4.21. Remove Oil and Gas Pipelines and Associated Contaminated
Soils. Prior to the approval of grading pemùts, all abandoned oil and gas
pipelines shall be removed, and the soil conditions shall be monitored by a
qualified hazardous materials specialist. If soil staining is evident, removal
actions shaíl cease in the vicinity until the nature of the stain is determined. All
areas containing petroleum-stained soils shall be excavated, and the removed
soils shall be disposed of at an appropriate hazardous materials disposal site
according to state and local guidelines to the satisfaction of DTSC and OOGGR.
MM HAZ-4.22. Test and RemovelRemediate Petroleum-Stained Soils. Prior
to final tentative tract map and grading approvals, all areas in the project
boundaries showing evidence of petroleum-stained soils shall be evaluated
through subsequent testing to detemùne the vertical and lateral extent of any such
spill. All areas contain spilled oil or other petroleum products shall be excavated,
and the removed soils shall be disposed of at an appropriate hazardous materials
disposal site according to state and local guidelines. All work shall be completed
to the satisfaction of the DTSC.
MM HAZ-4.23. Remove Potential PCB-Containing Transfonners. Prior to the
approval of grading pemùts, power poles containing transformers suspected of
containing PCBs shall be removed by a qualified hazardous materials specialist
as coordinated by PG&E to the satisfaction of the City of Bakersfield Fire
Department ESD. These items shall be disposed of at an appropriate hazardous
materials disposal site to the satisfaction of DTSC.
MM HAZ-4.24. Delineate and RemovelRemediate Soil with PCB Content.
Prior to the approval of grading pemùts, the location of the former transformer
fire and subsequent release of PCBs in 1990 near the intersection of Buena Vista
and McCutchen Roads shall be completely delineated and remediated as
necessary. Soil samples shall be collected from the northeastern comer of the
subject site and analyzed for PCB content. Should the soil analysis reveal that
the soils are clean, then no further action would be warranted. However, if
remediation is reconunended, then the contaminated soil shall be removed andlor
rernediated according to state and local guidelines, and the site shall be properly
closed according to Central Valley RWQCB requirements prior to development
of the site.
MM HAZ-4.25. Removel Abandon/Close Septic Tanks. Prior to the approval
of final tentative tract maps and grading approval, all septic tanks shall be
removed/abandoned/closed in accordance with applicable state and local
guidelines.
Hydroloay and Water Quality
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ORIGINAL
Old River Ranch Project (GPAlZC #03-1528)
Impact
LUP-3. The project area is within the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP) that contains both City and County of Kern
jurisdiction. Development of the project area could impact species covered under
the Plan. Upon payment of required mitigation fees and receipt of City project
approval, a development applicant would become a sub-pennittee and would be
allowed the "incidental take" of species in accordance with state and federal
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City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
Impacts
WQ-3. Construction and placement of residential units, landscaping, roadways,
and other impenneable surfaces would alter the existing drainage patterns of the
site by preventing precipitation from entering the soil column. Water that was to
drain off site would be required by the County of Kern and the City to be directed
into stonn drainage infrastructure (i.e., catchment basins in project streets and
onsite stonnwater distribution pipes) that would collect and transport water to
onsite sumps where it would percolate the soil and drain into the substrata.
Construction would create bare ground that would be exposed to potential
erosion; any erosion would create a significant impact because it could
potentially flow into downstream waterbodies if not properly contained during
construction. Compliance with a general NPDES pennit is required for direct or
indirect discharges of stonnwater runoff to waters of the United States from
construction projects that cause soil disturbance and potential runoff. Adherence
to the NPDES pennit requires that the applicant develop and implement a
SWPPP. The SWPPP specifies that BMPs be used in order to prevent
construction PQllutants from contacting stonnwater and to stop all products of
erosion from moving off site into receiving waters.
Mitigation
MM WQ-3.1. Minimize Erosion Effects on Water Quality. Prior to final
approval of subsequent individual tentative tract maps and authorization of
grading plans, a SWPPP shall be made available to the City Engineer for
inspection and comment. The SWPPP shall identify erosion minimization and
control provisions, pollution detection provisions, and pollution
elimination/minimization provisions. The SWPPP shall include best available
technology, engineering, and design solutions such as the use of silt screens, hay
bales, modem trash screens, energy dissipaters, andlor absorbent devices.
Stonnwater runoff water quality monitoring procedures shall be clearly detailed
in the SWPPP.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant enyironmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
heæby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Land Use and Plannina
Old River Ranch Project (GPAlZC #03-1528)
26
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City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
endangered species laws. Payment of development impact fees would reduce
im'Jacts to species covered under the MBHCP.
Mitigation
MM 810-2.1. The San Joaquin kit fox is a covered species within the MBHCP.
The payment of development impact fees is considered adequate mitigation
under the MBHCP to minimize impacts to sensitive species. The fees are placed
in an account for habitat acquisition and management to be used by the MBHCP
Trust Group. Upon application and approval of future tract map phases within
the proposed Old River Ranch project area, the applicant shall pay the required
mitigation fee or fees. Upon the payment of this fee and receipt of City project
approval, a development applicant would become a sub-pennittee and would be
allowed the "incidental take" of the species in accordance with state and federal
endangered species laws and mitigation requirements of all parties, state, federal,
and local (MBHCP). Payment to the plan would reduce impacts to less-than-
significant leyels.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Noise
Impact
During the construction of the proposed project, noise from construction
activities would potentially impact noise-sensitive land uses in the immediate
area. Activities involved in construction would generate noise levels at 50 feet.
Noise levels will typically drop off at a rate of 6 dB per doubling of distance.
Construction noise could result in annoyance or sleep disruption for nearby
residents if nighttime operations were to occur or if equipment were not properly
muffled or maintained.
Mitigation
MM NOI-l.l, Limit Hours of Construction Operations. Construction activity
located within 1,000 feet of residences shall be limited to the hours between the
hours of 6 a.m. and 9 p.m. on weekdays, and between 8 a.m. and 9 p.m. on
weekends.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified ill the fonn of a mitigation measure as presented above. The City
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Old River Ranch Project (GPfVZC #03-1528)
City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
NOI-3. Traffic noise exposure on proposed noise-sensitive land uses within the
project site was analyzed. Traffic noise exposure at new residences could exceed
the City's 65 dB CNEL noise compatibility threshold for residences. Residences
along the perimeter of the proposed project site could be exposed to interior noise
exceeding 45 dB CNEL. Because exterior and interior areas of residences could
be exposed to traffic noise exceeding 65 dB CNEL and 45 dB CNEL
respectively, this impact is considered to be significant.
Mitigation
MM NO"3.1. Minimize Outdoor Noise Levels from Traffic. Outdoor activity
areas of residential areas shall be designed such that noise from traffic does not
exceed 65 dB CNEL. The project applicant for each tract map shall retain a
qualified acoustical consultant to design treatments for residences located
adjacent to roadways in and around the proposed project area such that exterior
noise levels under 2030-with-project conditions does not exceed 65 dB CNEL at
outdoor activity areas. Treatments may include methods such as construction of
a soundwall or earth benn between the new residences and the roadway or
placement of building structures between roadway and outdoor activity areas.
The acoustical consultant will prepare and submit to the City a report detailing
the acoustical treatments to be used for compliance with this perfonnance
standard. The report must be reviewed and approved by the City before a
building pennit will be issued. The design of project buildings will reflect the
approved report.
MM NOI-3.2. Minimize Interior Noise Levels from Traffic. Interior areas of
residential units shall be designed such that noise from traffic does not exceed 45
dB CNEL. The project applicant for each tract map shall retain a qualified
acoustical consultant to ensure that interior noise levels at residences does not
exr:eed 45 dB Ldn under 2030-with-project traffic conditions. If treatments are
necessary, treatments may include installing acoustically rated doors and
windows and blocking sound transmission paths through vents or other openings
in the building shell. The acoustical consultant will prepare and submit to the
City a report detailing compliance with the interior noise perfonnance standard
or, if necessary, the acoustical treatments to be applied to the building for
compliance with the interior noise perfonnance standard. The report must be
reviewed and approved by the City before a building pennit is issued.
Impact
NOI-4. Commercial uses that could be allowed under the general plan and
planned zoning include a wide range of commercial retail, office uses, service
uses, and restaurants, to name a few. Noise sources commonly associated with
commercial property include air conditioning units, trash compactors, fans,
compressors, and truck deliveries. Noise from these types of equipment and
28
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Old River Ranch Project (GPÞJZC #03-1528)
City of Bake-sfield
Statement of Facts. Findings, and
Mitigation Measures
activity could result in noise at residences that exceeds City noise standards for
non-transportation noise sources.
Mitigation
MM NOI-4.I. Minimize Noise from Commercial Sources. Commercial uses
shall be designed such that noise from operations does not exceed City noise
standards for non-transportation sources. The project applicant for each tract
map shall retain a qualified acoustical consultant to design treatments for
commercial and industrial uses such that residences located adjacent to these uses
would not be exposed to noise exceeding City standards for non-transportation
uses. Treatments may include methods such as:
· limits on hours of operations (in accordance with Noise Standards in Table
3K-3),
· use of enclosures or localized barriers around equipment noise sources,
· placement of barriers between the residences and commercial and industrial
uses, and
· use of mufflers on equipment exhaust.
The acoustical consultant will prepare and submit to the City a report detailing
the acoustical treatments to be used for compliance with this perfonnance
standard. The report must be reviewed and approved by the City before a
building permit will be issued. The design of commercial and industrial uses will
reflect the approved report.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
NOI-5. Several oil wells are located between Barlow Road and the Allen Road
alignment. They are powered by diesel or natural gas internal combustion
engines. At a distance of 25 feet, the engines typically produce an energy
av~rage (Leq) noise level of 75 dBA and an L50 noise level of 74 dBA.
Residences within about 225 feet of an oil well would be exposed to noise
exceeding the City's daytime standard of 55 dB L50 . Residences located within
400 feet of an oil well would be exposed to noise exceeding the City's nighttime
standard of 50 dB LSO.
Mitigation
MM NOI-5.1. Minimize Noise from Oil Wells. Residential uses shall be
designed such that noise from oil well operations does not exceed City noise
standards for non-transportation sources at residences on the project site. The
29
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City of Bakersfield
Statement of Facts. Findings. and
Mitigation Measures
project applicant shall retain a qualified acoustical consultant to design
treatments for the oil wells or the residences such that residences located adjacent
to oil wells would not be exposed to noise exceeding City standards for non-
transportation uses. Treatments may include methods such as:
· conversion of oil well diesel motors to electric motors,
· limiting hours of oil well operation,
· use of enclosures or localized barriers around the oil wells, and
· placement of barriers between the residences and oil wells.
The acoustical consultant will prepare and submit to the City a report detailing
the acoustical treatments to be used for compliance with this perfonnance
standard for each tract map. The report must be reviewed and approved by the
City before a building pennit will be issued. The design of residential uses will
reflect the approved report.
Finding
Changes or alterations have been incOIporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Public Services and Utilities
Impact
PS-6. Constmction of the proposed project would generate debris that would
require disposal at area landfills. Construction debris would be recycled, which
would further reduce debris in the waste stream.
Mitigation
MM PS-6.1. Recycle Construction Debris. Prior to the issuance of any
building pennit, developers within the proposed project site shall submit to the
City for review and approval a plan to separate recyclablelreusable construction
debris. The plan shall include the method the contractor will use to haul
recyclable materials and shall include the method of and location of material
disposal. The builders shall be responsible for hauling their own construction
debris to the Mount Vernon Recycling Center or entering into a contract with a
licensed hauler for disposal of construction debris.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
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Old River Ranch Project (GPA/ZC #03-1528)
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City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Recreation
Impact
REC-l. The MBGP sets forth a requirement that all new residential
developments dedicate 2.5 acres of parkland for every 1,000 future residents. At
maximum buildout, the proposed project would need to provide approximately
50.8 acres of parks, trails, greenbelts, open space, and other recreational facilities
in order to comply with the current City standard, based on an average of 2.891
people per household for all 7,037 homes included in the project.
Mitigation
MM REC-l.l. Provide Parks in Accordance with City Standards. Prior to
approval of each Tentative Tract or Vesting Tentative Tract, the applicant shall
provide public parks, as deemed necessary by the city, in conformance with Title
15.80 of the Bakersfield Municipal Code. In the event a city wide master trails
plan is adopted prior to approval of each Tentative Tract or Vesting Tentative
Tract that reduces the public park requirement, the adopted ratio will be used to
calculate the public park requirement. Proposed greenbelts and private
recreational facilities shall be maintained by the homeowners association.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Transportation and Traffic
Impact
TR-l. Temporary increases in traffic because of project construction have the
potential to worsen level of service on study area roadways.
Mitigation
MM TR-l.l. Develop and Implement a Construction Traffic Control Plan.
Prior to beginning construction of any portion of the proposed project, the
contractor shall develop and implement a Traffic Control Plan. The Traffic
Control Plan shall be submitted to the City Engineer for review and approval and
shall be implemented throughout the course of project construction. The plan
shall include the following elements:
. contain a plan approved by the City for communicating construction plans
with transit providers, emergency service providers, residences, and
businesses located in the project vicinity, and anyone else who may be
affected by project construction;
. identify roadway segments or intersections that are at or approaching level of
service that exceeds local standards, and provide for construction-generated
31
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Old River Ranch Project (GPI>JZC #03-1528)
City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
traffic to avoid these locations at the peak periods, either by traveling
different routes or by traveling at non-peak times of day;
· contain an access and circulation plan for use by emergency vehicles when
lane closures andlor detours are in effect; if lane closures occur, provide
advance notice to local fire and police departments to ensure that alternative
evacuation and emergency routes are designed to maintain response times;
· maintain access to existing residences in the area at all times;
· provide for adequate parking for construction trucks and equipment within
the designated staging areas throughout the construction period;
· provide adequate parking for construction workers within the designated
staging areas;
· restrict delivery of construction materials to between the hours of 9:00 a.m.
and 3:00 p.m. to avoid more congested morning and evening hours;
· require traffic controls on roadways adjacent to the proposed project,
including flag persons wearing bright orange or red vests and using a
"Stop/Slow" paddle to control oncoming traffic; construction warning signs
should be posted in accordance with local standards or those set forth in the
Manual on Unifonn Traffic Control Devices (FHW A 2(01), in advance of
the construction area and at any intersection that provides access to the
C()nstruction area;
· require that written notification be provided to contractors regarding
appropriate routes to and from the construction site, and the weight and speed
limits on local roads used to access the construction site;
· specify that a sign be posted at all active construction areas giving the name
and telephone number or email address of the City staff person designated to
receive complaints regarding construction traffic.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
TR-2. The maneuvering of construction-related vehicles and equipment among
the general-purpose traffic on area roadways could cause safety hazards.
Mitigation
Implement Mitigation Measure MM TR-l.l (as detailed above).
32
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'ìP!~INAL
Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
TR-3. Emergency access to the proposed project area could be affected by
project construction, specifically, road closures, detours, and construction-related
traffic could delay or obstruct the movement of emergency vehicles.
Mitigatior.
Implement Mitigation Measure MM TR-l.l (as detailed above).
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
TR-4, The parking needs of construction workers and for heavy construction
equipment would increase the demand for parking on the proposed project site
and possibly on nearby roadways off site.
Mitigation
Implement Mitigation Measure MM TR-l.l (as detailed above).
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
TR-7. Emergency access would not be precluded during long-term operations
of the project. Adequate circulation is provided within the project site, and the
detailed tract maps will be reviewed by the Bakersfield FD prior to approval at a
tract map level. All fire department standards would need to be complied with
during final design to minimize impacts to emergency access.
Mitigation
MM TR-7,1. Construction Plans and Development Shall Confonn to All
Applicable Fire Codes. Prior to approval of tentative tract maps for subsequent
33
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ORiG'NAL
Old River Ranch Project (GPNZC #03-1528)
City o.f Bakersfield
Statement o.f Facts, Findings, and
Mitigation Measures
phases of the proposed project, construction plans shall be approved by the Fire
Marshall or appropriate representative to ensure that all fire code requirements
are incorporated into the proposed project design. All development within the
proposed project area shall confonn to codes and access requirements established
by the Unifonn Fire Code and City of Bakersfield Municipal Code Sections
15.64.010 to 15.64.480.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a ßÙtigation measure as presented above. The City
hereby finds that implementation of the ßÙtigation measure above is feasible, and
is therefore adopted.
Impact
TR-8. All residential, commercial, and other land uses would be required to
provide adequate parking in accordance with the City's Municipal Code.
Miligation
MM TR-8.1. During design of tentative tract maps for subsequent phases of the
proposed p~oject, adequate parking shall be provided in accordance with City of
Bakersfield Municipal Code standards. Construction plans shall be reviewed and
verified by the Planning Department that the project components provide
appropriate parking to ßÙnißÙze offsite parking impacts or neighborhood
intrusion.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a ßÙtigation measure as presented above. The City
hereby finds that implementation of the ßÙtigation measure above is feasible, and
is therefore adopted.
Significant Unavoidable Environmental Impacts
Aaricultural Resources
Impact
AGR-l. The proposed project site contains 1,853 acres designated as "Prime
Farmland." Subdivision of land such as this results in substantial prime
agricultural acreages being taken out of agricultural production. Conversion of
farmland 011 the proposed project site is considered a significant impact for the
following reasons:
. approximately 94 % of the site consists of prime soils;
. water for irrigation is readily available on site:
34
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Old River Ranch Pro.ject (GPAlZC #03-1528)
City of Bakersfield Statement of Facts, Findings. and
Mitigation Measures
· the majority of areas surrounding the site are currently actively fanned;
· the majority of the project site, as well as many surrounding parcels, have a
zoning designation of A (Exclusive Agriculture);
· the MBGP designated neighboring lands as R-IA (Intensive Agriculture);
· the site is immediately adjacent to the north, east, and south to some
Williamson Act-contracted lands;
· the project could affect the application of agricultural chemicals on other
agricultural properties; and
· residential deyelopment is proposed adjacent to agricultural uses.
Finding
No mitigation is available that would feasibly reduce environmental impacts
associated with agricultural land conversion to less than significant levels.
Mitigation measures were considered in an attempt to reduce impacts from
agricultural conversion, including the purchase of agricultural conservation
easements and mitigation banking. Agricultural conservation easements are
voluntary, legally recorded deed restrictions that are placed on specific property
used for agricultural production that prohibit practices that would damage or
interfere with the agricultural use of the land. Agricultural conservation
easements are held by land trusts or local governments, which are responsible for
ensuring that the teons of the easement are upheld. In order to place an
agricultural conservation easement on a property, a landowner would seek an
appropriate easement holder, which could be a land trust or a local government.
Th~ easement holder would then decide whether to pursue an easement on the
prop<>sed property and proceed to negotiate teons with the landowner, including
price and restrictions.
As of 2002, easements were located within only 19 of California's 58 counties,
with approximately 80% used as grazing land and 20% used as cropland of the
120,000 acres of Califomia famùand within easements (Sokolow 2(02). While
some land trusts have been fonnulated and funded because of local government's
requiring mitigation of famùand loss, the City and Kern County have not
developed any comprehensive program through which conservation easements
could be implemented in mitigating the conversion of prime agricultural land.
Without such programs in place, these types of mitigation measures are not
practical or feasible for a property owner to pursue on a project-by-project basis.
Therefore, because of the lack of programs in place that require easement
funding or that provide oversight for the teons of an easement, mitigation would
be infeasible.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
35
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Old River Ranch Project (GPAlZC #03-1528)
September 2005
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Impact
AGR-2. The majority of the proposed project site is currently zoned for
agricultural uses, with a zoning designation of A (Exclusive Agriculture). The
current MBGP land use designations for the project site include Intensive
Agriculture and Mineral Petroleum. The proposed project includes a General
Plan Amendment and Zone Change. Upon approval of the project, the
Williamson Act contracts would be cancelled before their expiration in 2014.
Therefore, the project would conflict with existing Williamson Act contracts,
which would represent a significant impact.
Mitigation
MM AGR-2.1. Pay Penalty Fees for Premature Conversion of Williamson Act
Ccntracts. Upon cancellation of the Williamson Act contracts, the applicant shall
pay a fee of 12.5 % of the full assessed value of the parcels for cancellation of
Williamson Act contracts. This fee, when collected, shall be transmitted by the
County Treasurer to the State Controller.
Finding
Cancellation of the Williamson Act contracts prematurely represents a significant
impact because the Williamson Act contracts are a mechanism to encourage
long-term preservation of agricultural lands. The mitigation would not reduce
impacts to less than significant levels.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Impact
AGR-3. Other changes in existing environment could have an effect on adjacent
agricultural land by limiting the agricultural feasibility of the land. The
following types of effects from agricultural conversion could generally reduce
agricultural feasibility.
· Conversion of farmland may impact nearby growers by placing restrictions
and limitations on pesticides, fungicides, and herbicides used on the crops.
Restrictions could also be placed on noise, burning, and dust.
· Vehicle emissions from adjacent transportation routes and increased
roadways could impact the health and survival of the crops.
· As urbanization proceeds in the City, land prices may increase above the
land's value for agricultural production.
· Increased traffic congestion reduces the efficiency and increases the hazards
of moving crops and farm machinery along rural roads. Road congestion
also increases the amount of time required to transport crops, which in turn
increases shipping costs and risk of spoilage.
36
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Old River Ranch Project (GPAlZC #03-1528)
September 2005
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City of Bakersfield Statement of Facts. Findings, and
Mitigation Measures
. Croplands and nearby agricultural lands that support fanning are important
sources of food, water, and cover for some native plants and animals. These
resources are largely eliminated when farmlands are converted to urban use.
Because of the proposed project's proximity to primarily agricultural uses,
buildout of this proposed project would most likely result in many of the above-
mentioned impacts. Based on the MBGP designations and deyelopment patterns,
it is likely that parcels to the north, south, east, and at least some to the west
would remain agricultural in nature and would continue to be affected by this
type of development. In addition, because many of the outparcels located
throughout the project site are slated for development, the potential for the
above-mentioned effects would be increased, making continued agricultural
production on these lands more difficult. Thus, impacts would be considered
significant.
Mitigation
MM AGR-3.1. Provide Disclosure Statements Regarding Agricultural
Operations. Prior to occupancy of any residential units, if any adjoining
properties are still in agricultural use and have not received entitlements for
development, then prior to issuance of certificates of use and occupancy, the
applicant will demonstrate that future residents will be informed about adjacent
agricultural use. This demonstration may take the form of a covenant filed on the
project site (which would be disclosed to future residents through the purchase
process), 01 through disclosure fonns to be signed by new residents. The
covenant or disclosure form will provide that each resident acknowledges that
he/she is moving into an area where there is active agriculture, and understands
that such agricultural use, including all activities necessary to support
agriculture-such pesticide use, dust generated by plowing, and slow-moving
agricultural vehicles- will continue.
Finding
Buffer areas are already provided in the form of perimeter walls and major
arterial roadways that separate the site from nearby agricultural operations.
However, because of the level of urban development proposed for the site, the
proposed project would not be compatible with surrounding agricultural land
uses and operations, until such a time those lands are converted to urban and
developed uses. Therefore, no other feasible mitigation is available. The
mitigation measure identified would not reduce impacts to less than significant
levels.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Impact
AGR-4. The MBGP provides goals and policies to guide development within
the City's Planning Area. Implementation of the proposed project would be
37
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Old River Ranch Project (GPAlZC #03-1528)
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City of Bakersfieid
Statement of Facts, Findings, and
Mitigation Measures
generally inconsistent with established goals and policies developed to minimize
impacts on agricultural resources, While the ultimate detennination regarding
overall consistency is left to the City Council, the proposed project is not
consistent with many of the policies designed to protect the conversion of prime
farmland. Thus, impacts are considered significant.
Finding
No mitigation is available to reduce impacts to less than significant levels.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project altematives identified in the Final
PEIR. A S:atement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Air Quality
Impact
AQ-4. The proposed project would be located approximately 2 miles north of
three dairies: Borba, Riverbend, and Wilgenburg, The predominate wind
direction much of the year- spring, summer, and fall- is from the northwest.
During winter periods with southern and southeasterly winds, odors from the
dairies would be detectable at the proposed project development site.
Mitigation
MM AQ-4.1. Notify Concerning Potential Odors. Require that, prior to the
sale of all new residential units, prospective buyers be notified of potential dairy
odors. Prospective buyers should be required to sign a statement acknowledging
that they are aware of the potential for odors from nearby dairies, and the
disclosure shall be included in covenants for new development within the site.
Finding
Even with the proposed mitigation measure, the odor impacts associated would
placing a large residential development in close proximity to dairies would be
significant. Specific economic, legal, social, technological, or other
considerations make infeasible the mitigation measures or project alternatives
identified in the Final PEIR. A Statement of Overriding Considerations is
required, which is attached to this Findings of Fact.
Transportation and Traffic
Impact
TR-S. The Kern COG traffic model estimated that a total of 68,439 trips per day
would be generated by the proposed project at buildout with 45,430 external
daily trips, yielding a capture rate of 34 %. This capture rate was applied to the
total ITE project trip estimate of 73 ,780 trips per day, yielding 48,975 external
daily trips. Future peak hour traffic volumes are estimated for each of the project
phase buildout years (2008, 2012, 2016, and 2020) with and without the
proposed project.
38
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ORIG'NAL
Old River Ranch Project (GPAlZC #03-1528)
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City of BakecsBeld
Statement of Facts. Findings, and
Mitigation Measures
Traffic operations on the existing street system are acceptable at most locations.
In the interim conditions, increases in traffic, both with and without the project,
will cause an ever increasing number of facilities to operate below level of
service C. By the year 2030 it is anticipated that almost all of the unsignalized
intersections and over half of the signalized intersections would operate below
level of service C if left in their existing conditions.
The project lies in an area, which will require significant improvements to the
existing street system over the next 15 to 20 years in order to provide adequate
capacity to accommodate traffic generated by this project and anticipated other
development in the western Bakersfield area.
Mitigation
MM TR-5.1. Confinn and Analyze Incremental Traffic Improvements.
a) Prior to approval of each Tentative Tract, Vesting Tentative Tract, or Parcel
Mr,p (except Parcel Maps for financing or conveyancing purposes only that
require further subdivision prior to development) for residential projects and
PCD or Site Plan applications for other uses, the applicant shall confinn the
specific traffic circulation improvements that will be implemented with that
tentatiye map, PCD or Site Plan as identified in the Traffic Impact Study to: 1)
provide the traffic circulation improvements necessary to serve the immediate
map area and 2) maintain the City's adopted minimum level of service standard
(currently LOS C) on the roadway network that will be impacted by the project
traffic, or, for those intersections and roadways that cannot be improved to the
minimum level-of-service standard or better, with or without the project, to
provide the project fair-share contribution to the improvements.
b) To demonstrate that appropriate mitigation is being provided with each Final
Map, the process wiU be as foUows.
. The applicant will provide confinnation of the traffic analysis for each map,
PCD or Site Plan based on current infonnation on the status of RTIF and
local improvements at the time of tentatiye map, PCD, or Site Plan
consideration.
. The applicant and the City will identify the incremental improvements
applicable to the tentative map, PCD, or Site Plan to be implemented through
one or more of the following methods:
IJ Build the improvements (if an necessary rights-of-way are available)
ana, if applicable, receive reimbursement credits for any percentage
share not attributable to impacts caused by traffic generated from the
map, PCD, or Site Plan.
o Pay the City per unit mitigation fee.
o In the event all necessary rights-of-way are not available at the time the
applicant is required to construct the specific traffic circulation
39
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ORIGINAL
Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
improvements to be implemented, the applicant shall pay the City the per
unit mitigation fee in lieu of constructing the improvements.
. The project applicant and the City will verify the timing of the improvements
to be constructed by the applicant for recordation of each Map, PCD or Site
Plan, and shall establish the threshold at which the improvements shall be
constructed. The threshold shall depend on the particular improvement, the
project fair-share contribution to the improvement and the nature of the
particular MaplPCD/Site Plan, and may be tied to the number of lots within
the map area that may be recorded as part of a Final Map or Partial Final
Map.
c) For those improvements to be constructed by the City using mitigation fees
paid by the project applicant and other sources of financing, the applicant's
obligation will be satisfied by payment of the fees.
Finding
Almost all of the deficiencies can be improved to an LOS C through the project
build-out year of 2020 with a combination of signalization and roadway
widening. Even with the mitigation, it is anticipated that by the year 2030, more
than two-thirds of the study intersections and more than one-third of the roadway
segments will operate below LOS C if left in their present configurations. Of
these, eight intersections and seven roadway segments will operate in this
condition with or without the project. The following intersections are expected to
op.:rate below LOS C, or current year LOS (if below an LOS C), in the year 2030
even if fully improved to current standards: These facilities are as follows:
Intersections
· Coffee Road and Rosedale Highway,
· Coffee Road and Brimhall Road/Westside Parkway WB,
· Coffee Road and Truxtun Avenue Extension,
· Coffee Road and Stockdale Highway,
· New Stine Road and Stockdale Highway,
· Old River Road and Ming Avenue,
· Gosford Road and Ming Avenue, and
· Ashe Road and Ming Avenue.
Roadways
· Buena Vista Road: Stockdale Highway to Ming Avenue,
· Calloway Drive: Brimhall Road to Stockdale Highway,
· Coffee Road: Brimhall Road to Stockdale Highway,
40
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f)RIGINAl
Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield Statement of Facts, Findings, and
Mitigation Measures
· Gosford Road: Stockdale Highway to North Laurelglen Boulevard,
· Rosedale Highway: Calloway Drive to Fruitvale Avenue,
· Ming Avenue: Ashe Road to Stine Road, and
· White Lane: Stine Road to Wible Road.
1bis study also shows the improvements, beyond current standards, needed to
bring these facilities to an LOS C, or current year WS (if below an WS C). It is
noted that most of the facilities listed above would operate below LOS C in their
ultimate configurations.
Provided that the regional transportation improvements and the RTIF and local
mitigation improvements are constructed, the street system should have adequate
capacity to operate at an acceptable level of service with the exception of the
facilities stated above. Additionally, the seven signalized intersections that
would exceed thresholds in the PM peak hour, and the five signalized
intersections that would exceed thresholds in the AM peak hour may be mitigated
with additional measures beyond current standards. However, the feasibility of
these mitigation measures has not yet been determined. Therefore, it must be
concluded that not all impacts would be reduced to less-than-significant levels
and impacts would remain significant and unavoidable.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Alternatives to the Proposed Project
Alternative 1, No Project Alternative
Agriculture operations would continue onsite with the cultivation and harvesting
of'iimonds and row crops. Under a reasonably foreseeable future land use
scenario, the alternative would be similar to a no build scenario above because
the site is currently designated for agricultural and mineral production land uses
under the MBGP. Thus, If the project were not approved, the reasonably
foreseeable land use would be continued agricultural and mineral production.
Therefore, under this alternative, no aspect of the proposed project would be
constructed and the project area would remain in its current condition.
This alternative would involve no action on the part of the City. The project
would not be constructed, and the site would remain in agricultural and
petroleum production until such a time that a development proposal is approved
for this developing portion of the City.
Finding
41
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nRIG!NAL
Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
This alternative does not meet any of the project objectives. This alternative
would realistically only be an interim use of the site. The site is in the path of
City growth, and there has been no indication that any group desires to purchase
the site for open space preservation or use other than that allowed by the General
Plan. Thus, while this alternative is rnarginally feasible as an interim use, it is
not a feasible long-tenn alternative.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the FInal
PEIR. A Statement of Overriding Considerations is required, which is attached
to this FIndings of Fact.
Alternative 2. Reduced Development Density
This alternative would involve the development of fewer residences, and less
dense commercial uses. This alternative involves a more "dispersed"
development configuration to provide more open space between units and
commercial centers on site. This alternative would provide home sites on
generally larger lots (approxirnately 1O,OOO-square-foot lots) with a greater
amount of square footage for each home. This alternative would also eliminate
the High Density Residential Uses proposed under the project. Thus, this
alternative would include approximately 3,962 single-f8DÙly residential units
(3,075 fewer than the proposed project). Alternative 2 would involve
development of the site similar to the project configuration, but a reduction in the
density proposed by the General Plan Amendment.
Finding
This alternative most likely meets all of the project objectives, but it does not
fulfill those objectives to the same leyel as the proposed project for the following
reasons: I) since this alternative has fewer dwelling units, it does not help the
City to meet its housing goals, and 2) the lower density of development, overall,
may not provide for the achievement of goals for a self-sustained community to
the level of the proposed project.
It is assumed that this alternative is feasible. Although no marketing study has
been prepared, for the purposes of this EIR, the alternative can be considered
feasible. However, because this development does not provide the same density
as the proposed project, this alternative will not provide the City with the same
type of project; opportunities for unique and creative solutions to urbanization,
based on a lesser critical mass will likely result in a more traditional development
that the City may consider "more of the same." This reduced density would
lik.~ly not include the diversity of housing types or support the recreational
community amenities that the proposed project would offer. Additionally, the
lower density alternative is inconsistent with the anti-sprawl principles of Smart
Growth, efficient use of infrastructure and walkable communities.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the FInal
42
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ORIG!NAl
Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Alternative 3. Verv Low Densitv DeveloDment Alternative
with Aaricultural Preservation
This alternative would substantially further reduce the overall number of units
constructed, and permanently preserve portions of the site in agricultural
production. This alternative would result in a minimal amount of development at
the Rural Residential (RR) land use designation of 2.5 acres per unit, and would
preserve half of the site (approximately 926 acres under agricultural production).
This alternative would retain the option for individuals on larger lot parcels to
maintain small agricultural areas. This would result in approximately 370 rural
residential units onsite, and retention of the remaining project site in agricultura1
production under an agricultural preserve or conservation easement. Alternative 3
would involve 370 residential units, and approximately 926 acres of the site to
remain under agricultural production.
Finding
This alternative marginally meets most of the project objectives, but it does not
fulfill those objectives to the same level as the proposed project. With the low
intensity of development, it will be difficult to achieve the critical mass and site
design necessary to support a self-contained community, a range of housing
types, and a fiscally sound mixed-use development. In particular, the residential
unit count is likely to result in a very limited range of housing types and
affordability .
It is assumed that the residential portion of this alternative is feasible. Similar to
Aternative 2, the development portion would likely be a typical development
and not include creative strategies. The agricultural component is likely
infeasible because of the difficulties in continuing to farm with adjacent
development. Furthennore, once the surrounding area develops, it will create
substantial pressure to convert remaining farmland on the site. No group or
agency has indicated a desire to purchase the land in order to continue famùng it,
and it is not expected that such a proposal would be forthcoming on even a
portion of the land, given the substantial remaining fannland in the area.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Alternative 4. Hiah Densitv Alternative
This alternative would include a higher density development pattern with
additional open space and agricultural land surrounding the developable area.
The overall plan for the site would shift the developable area toward the center of
43
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ORIGINAL
Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
the site, with the boundaries and space between planned residential units being
decreased. This would have the affect of increasing residential and commercial
densities. This alternative would eliminate the proposed units designated as Low
Density, and all units would be constructed at densities consistent with
Low Medium Density, High-Medium Density, and High Density. This
alternatiye would provide for development on 750 acres and continued
agricultural production on the remaining acreage within the site. Ultirnately, the
same number of units- 5,979- would be construction on half of the space. This
alternative would also include mixed-use neighborhoods, such as additional
apartments, townhomes, and smaller single family units. This alternative would
involve the same amount of commercial development as the proposed project
would.
Finding
This alternative is feasible to develop, although it would increase impacts to
some environmental issue areas. Additionally, it is highly likely that the
surrounding undeveloped areas would succumb to development pressure after the
interim years following development of the project. Therefore, it is likely that
the overall densities within the project area would ultimately be much greater
than those for the proposed project. Due to the high demand for housing and
development within the City, it is likely that all areas within the Bakersfield
sphere of influence (including the project site) would ultirnately be developed
with urban land uses. Under this alternative, it can be speculated that additional
land beyond the project area would be developed at similar high densities in the
near future, rnaking the larger area more dense over time, thereby exacerbating
environmental impacts. More importantly, this alternative does not avoid or
substantially lessen any significant impacts. Therefore, it is not a feasible
alternative.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
44
September 2005 ~ 'ò Þ<k f",
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J&S 04191,)... --
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ORiG:NAL
Old River Ranch Project (GPi>JZC #03-1528)
---..- '.--'-r-o--.----".'
Exhibit E
Statement of Overriding Considerations
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ORIG!NAL
Statement of Overriding Considerations
Pursuant to Section 15093 of the CEQA Guidelines, the City must balance the
benefits of the proposed project against unavoidable environmental risks in
detennining whether to approve the project.
The proposed project would result in significant unavoidable impacts to
agricultural resources, air quality, and transportation and traffic. Findings of Fact
have been developed, which provide that mitigation measures andlor alternatives
to the proposed project that would substantially reduce or avoid these significant
impacts are infeasible.
The proposed project offers seyeral benefits that outweigh the unavoidable
adverse environmental effects of the project. These benefits are described in
detail in the PEIR, and include the following:
· The proposed project provides a high quality master planned community
with its own identity, incOlporating a range of housing types; recreational
features including parks, greenbelts, trails, and playing fields; and shopping,
employment, and educational facilities.
· The proposed project provides a mix of uses that would be mutually
supportive linked by trails and greenbelts, reducing automobile dependency
and encouraging pedestrian activity.
· The proposed project provides an ecologically sound development that
incorporates a comprehensive program of resource protection and
conservation.
· The proposed project provides a self-contained community focused on a
mixed-use Village Center that serves as an entertainment and service center,
and a gathering place for a wide range of community activities and special
events.
· The proposed project provides a public and private system of parks, trails,
and community recreation facilities integrated into the physical plan of the
community .
· The proposed project proyides a comprehensive streetscape and landscape
standards throughout the community, creating a unique identity and sense of
place.
· The proposed project provides a comprehensive road and infrastructure
improvement phasing program assuring adequate capacity for buildout of the
planned development.
· The proposed project provides a mix of housing for various economic levels
of the community.
· The pre>posed project provides a new development which captures the
economic demands generated by the marketplace and establishes
Bakersfield's role as the capitol of the southern San Joaquin Valley.
Old River Ranch Project (GPNZC #03-1528) September ",,%if'K/ò-9<f>
1 0 '"
J&9-Ð4191 iíÏ
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nRIr,INAL
City of Bakersfield Statement of Overriding Considerations
· The proposed project provides new deyelopment which provides a full mix
of uses to support its population.
· The proposed project provides new development which is compatible with
and complements existing land uses.
· The proposed project provides new development which channels land uses in
a phased, orderly manner and is coordinated with the provision of
infrastructure and public improvements.
· The proposed project provides new development that is sensitive to the
natural environment, and accounts for environmental hazards.
· The proposed project provides a built environment which achieves a
compatible functional and visual relationship among individual building
sites.
· The proposed project provides a safe and efficient street system that links all
parts of the area for movement of people and goods.
· The proposed project provides for safe and efficient motorized, non-
motorized, and pedestrian traffic movement.
· The proposed project provides minimum impact of truck traffic on
circulation, and on noise sensitive land uses.
· The proposed project provides a street system that creates a positive image of
Bakersfield.
· The proposed project provides a local street network that contributes to the
quality and safety of residential neighborhoods and commercial districts.
· The proposed project provides an adequate supply of sites for the
development of sound, affordable new housing.
· The proposed project conserves and enhances Bakersfield's biological
resources in a manner which facilitates orderly development and reflects the
sensitivities and constraints of those resources.
· 1 he proposed project conserves and enhances the unique aspects of open
space within the planning area.
· The proposed project provides an integrated system of open space amenities
in the planning area.
· The proposed project maintains a coordinated planning and implementation
program for the provision of public utilities to the planning area.
· The proposed project coordinates the planning and implementation of
planning area municipal-type utility facilities and services.
· The proposed project provides parks and recreation facilities to meet the
planning area's diverse needs.
2
~M<:::
September 200~ ?'~
J&S041.-r rr1
>-;; r-
V 0
ORIGiNAL
Old River Ranch Project (GPNZC #03-1528)
City of Bakersfield
Statement of Overriding Considerations
The City hereby finds that the benefits of the proposed project are considered to
outweigh the unavoidable adverse environmental effects to agricultural land
conversion, noise, and traffic and circulation, which are therefore considered
acceptable.
3
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Old River Ranch Project (GPAlZC #03-1528)
Exhibit F
Mitigation Monitoring and Reporting Program
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