HomeMy WebLinkAboutRES NO 268-05
RESOLUTION NO.
-268-05
RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO.
04-0671, AN AMENDMENT TO THE LAND USE AND
CIRCULATION ELEMENTS OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, GENERALLY BOUNDED BY
SEVENTH STANDARD ROAD TO THE NORTH, JENKINS ROAD
TO THE EAST, THE BURLINGTON NORTHERN SANTA FE
(BNSF) RAILROAD TO THE WEST, AND KRATZMEYER
ROAD/OLIVE DRIVE TO THE SOUTH. (WARD 4).
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on TUESDAY, JULY 5,
2005 and THURSDAY, JULY 7, 2005 on General Plan Amendment No. 04-0671 of the proposed
amendment to the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan,
notice of the time and place of hearing having been given at least twenty (20) calendar days before said
hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, Project Design Consultants for Rosedale Ranch, made application for a general
plan amendment for property bounded by Seventh Standard Road to the north, Jenkins Road to the
east, the Burlington Northern Santa Fe (BNSF) Railroad to the west, and Kratzmeyer Road/Olive Drive
to the south, as shown in attached Exhibit "A," to allow development of a master-planned community on
approximately 1,655 acres, more specifically stated as follows:
General Plan Amendment No. 04-0671:
A request to amend the Land Use Element of the Metropolitan Bakersfield
General Plan from LMR (Low Medium Residential) on 900 acres; HMR (High
Medium Residential) on 60 acres; GC (General Commercial) on 10 acres; LI
(Light Industrial) on 480 acres and SI (Service Industrial) on 205 acres to LR
(Low Residential) on 412.2 acres; LMR (Low Medium Residential) on 753.1
acres; HMR (High Medium Residential) on 69.2 acres; GC (General Commercial)
on 19.4 acres; MUC (Mixed Use Commercial) on 219 acres; and LI (Light
Industrial) 182.1 acres.
A request to amend the Circulation Element of the Metropolitan Bakersfield
General Plan to change the Circulation Element alignment of the future West
Beltway through the project boundaries, and the realignment of Kratzmeyer
Road/Olive Drive to the south of the site to create a new interchange with the
West Beltway.
WHEREAS, for the above-described project, an Initial Study was conducted and it was
determined that the proposed project would have a significant effect on the environment and, therefore,
an Environmental Impact Report (EIR) for the project was prepared in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant for the property owner has indicated the purpose of the request is to
develop a new master planned community including low- to high-medium density residential,
recreational, general commercial and mixed-use commercial, light industrial and service industrial, and
public school land uses within the City of Bakersfield; and
WHEREAS, the project site lies within the path of development with approved
development projects in progress; and
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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. 104-05, adopted on July 7,2005:
1 . The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by city staff
and the Planning Commission; and
2. All required notices have been given; and
3. The provisions of CEQA have been followed; and
4. Based on the initial study and comments received, staff has determined that the
proposed project could have a significant effect on the environment. An
Environmental Impact Report was prepared for the project in accordance with CEQA;
and
5. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan,
subject to the recommended modification of the General Commercial area; and
6. The amendment to change the Metropolitan Bakersfield General Plan Land Use
designations from LMR (Low Medium Residential) on 900 acres; HMR (High Medium
Residential) on 60 acres; GC (General Commercial) on 10 acres; LI (Light Industrial)
on 480 acres and SI (Service Industrial) on 205 acres to LR (Low Residential) on
412.2 acres; LMR (Low Medium Residential) on 753.1 acres; HMR (High Medium
Residential) on 69.2 acres; GC (General Commercial) on 19.4 acres; MUC (Mixed
Use Commercial) on 219 acres; and LI (Light Industrial) 182.1 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. 04-0671 to the Land Use Element is hereby
approved to LR (Low Residential) on 412.2 acres; LMR (Low Medium Residential) on
753.1 acres; HMR (High Medium Residential) on 69.2 acres; GC (General
Commercial) on 19.4 acres; MUC (Mixed Use Commercial) on 219 acres; and LI
(Light Industrial) on 182.1 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 plan adopted in the Final Environmental Impact Report as
shown in Exhibit "F" and conditions of approval for the project as shown in Exhibit
"C". That General Plan Amendment No. 04-0671 to the Circulation Element is
hereby approved to change the Circulation Element alignment of the West Beltway
and the realignment of Kratzmeyer Road/Olive Drive as requested by the applicant
and as recommended by the Planning Commission and shown on the attached maeM(è
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in Exhibit "B".
4. Attached Exhibit "D" containing the "Statement of Facts and Findings" 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
transportation/traffic 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 and,
therefore must be granted a "de minimis" exemption in accordance with Section 711 of
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 ---»01' 1 t NN
by the following vote:
,
A.YESi
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARV Y L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: I&xd~ ~
EXHIBIT A
B
C
D
E
F
Land Use Element Amendment Map
Circulation Element Amendment Map
Mitigation I Conditions of Approval
Statement of Facts and Findings
Statement of Overriding Considerations
Mitigation Monitoring Plan
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Exhibit A
Land Use Element Amendment Map
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Exhibit B
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EXHIBIT C
MITIGATION I CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT I ZONE CHANGE 04-0671
MITIGATION MEASURES:
Aesthetics
1. During the installation of high-wattage pole-mounted sports park lighting,
luminaries shall be provided with filtering louvers and hoods to minimize spill light
to adjacent properties. Prior to operation of the sports park lighting, all pole-
mounted lights shall be aimed away from adjacent properties, including potential
future residences, and shall include glare shields and hoods. Following the
installation of the lighting, light levels shall be measured with a light meter by a
licensed electrical engineer to determine whether spill light exceeds 0.50-foot
candles at the property lines. In the event that spill light exceeds this threshold,
corrective measures shall be implemented, e.g., adjustment of and re-aiming the
lights, installation of additional hoods and/or louvers.
Aariculture
2. 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 Rosedale Ranch
(which would be disclosed to future residents through the purchase process), or
through disclosure forms 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, including
but not limited to pesticide use, dust generated by plowing, and slow-moving
agricultural vehicles, will continue.
Air Quality
3. The project applicant shall comply with SJVUAPCD 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 SJVUAPCD Regulation VIII
and the measures summarized below. It should be noted that amendments to
Regulation VIII were adopted that became affective on October 1,2004. The
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Exhibit C
Mitigation I Conditions of Approval
GPAlZC 04-0671
SJVAPCD should be contacted to determine how this rule may affect this
proposed project.
SJVUAPCD Regulation VIII Control Measures for Construction Emissions of PM-
10:
· All disturbed areas, including storage piles, which are not being actively
utilized for construction purposes, shall be effectively stabilized of dust
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
stabilizer/suppressant.
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 04-0671
· 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.
SJV APCD Control Measures for Construction Equipment 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.
4. 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:
· solar water heater
· central water heater
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Mitigation I Conditions of Approval
GPAlZC 04-0671
· increase insulation beyond Title 24
· use of electric landscape maintenance equipment on commercial buildings
In addition, these following measures apply to the project vicinity (within 1 mile of
the proposed project):
· sidewalk and path coverage
· shade trees along street
· pedestrian circulation access in most locations
· large number of visually interesting pedestrian uses
· a street system that enhances safety
· high degree of pedestrian safety from crime
· visually interesting walking routes
· bus service (every 15 minutes or more frequent) within 0.25 mile of the
proposed project
· high coverage of interconnected bikeways
· bike routes provide paved shoulders
· safe vehicle speed limits
· safe school routes for primary and secondary schools
· large number and variety of uses within cycling distance
· secure bike parking
5. 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.
This agreement may include, but is not limited to, the payment of fees to the
Page 4 of 19
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Exhibit C
Mitigation I Conditions of Approval
GPAlZC 04-0671
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.
Bioloaical Resources
6. 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.
7. 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 proposed project
boundary and the entire proposed 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 sites, including Swainson's hawk.
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.
Cultural Resources
8. Prior to final 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
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Mitigation / Conditions of Approval
GPA/ZC 04-0671
(i.e., depth, nature, condition, and extent of resources), final mitigation
recommendations, and cost estimates. Prior to the issuance of a grading permit
and based on the report recommendations, final mitigation shall be carried out.
9. Prior to development within the proposed project site, the applicant shall retain a
qualified archaeologist with experience in evaluation of rural historic landscapes
to further characterize the project area and determine its potential contribution to
a historic landscape. Additional archival research shall focus on determining the
potential for the proposed project area to be a component of a rural historic
landscape associated with the industrial agricultural and speculative activities of
the KCLC, the Rosedale Ranch, and the Rosedale Colony by a qualified
historical archaeologist and/or historian.
Archival research shall include determining the boundary of the original KCLC
Rosedale Ranch and the Rosedale Colony, developing an appropriate historic
context for the landscape, determining the features associated with the
landscape, and determining the potential for subsurface historical archaeological
deposits associated with the ranch operations and with the Rosedale Colony
within the proposed project area.
If the qualified historical archaeologist and/or historian determines that the
proposed project area is a component of a rural historic landscape and that it is
eligible for listing on local, state, and/or federal registers, management
recommendations shall be provided to the Lead Agency. Management
recommendations may include, but are not limited to, a cultural resources
management plan, a formal nomination to historic registers, and treatment
measures for archaeological sites.
10. 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.
11. 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
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Mitigation I Conditions of Approval
GPAlZC 04-0671
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.
12. 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.
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Mitigation I Conditions of Approval
GPAlZC 04-0671
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.
Hazards and Hazardous Materials
13. To ensure the health and safety of future workers and residents, prior to issuance
of any grading permit, the applicant shall provide for the remediation of all
existing water wells and sumps (wet or dry). All water wells shall be
appropriately shut in and be evaluated and verified by the Water Section of the
Kern County Certified Unified Protection Agency.
14. Prior to the approval of any grading permit for the proposed project, oil wells in
the proposed project area defined by the corresponding set of tract map(s) shall
be properly closed, cleaned, and abandoned, prior to any ground disturbing
activities. All existing 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
California Division of Oil and Gas 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.
15. Prior to occupancy of any residence within the proposed project area, each area
containing (an) oil well(s) (either 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.
16. Prior to the approval of final tentative tract maps and grading approval,
demolition of the KCL 67 Tank Farm shall be conducted in accordance with all
appropriate DTSC regulations and with those set forth by DOGGR. All areas
within the KCL 67 Tank Farm that show evidence of petroleum-stained soils shall
be evaluated through subsequent testing to determine the vertical and lateral
extent of any such spill. All areas within the KCL 67 Tank Farm that contain
spilled oil or other petroleum products shall be excavated, and the removed soils
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shall be disposed of at an appropriate hazardous materials disposal site. All
work shall be completed to the satisfaction of the DTSC and DOGGR.
17. Prior to the approval of any grading permit for the proposed project, all 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, the nature of
the stain shall be determined. All areas containing petroleum-stained soils shall
be treated, blended, with existing soil, or excavated, depending on the petroleum
levels in the soil, to comply with appropriate specifications of the City, the DTSC
and/or EPA, as applicable. Any soils removed shall be disposed of at an
appropriate hazardous materials disposal site to the satisfaction of DTSC or the
local oversight agency.
18. Prior to the approval of any grading permit for the proposed project, all existing
power lines and all power poles, including those that contain a transformer, shall
be removed by a qualified hazardous materials specialist. All removed materials
including transformers that may contain PCBs shall be disposed of at an
appropriate hazardous materials disposal site to the satisfaction of DTSC or the
local oversight agency.
19. Prior to the approval of final tentative tract maps and grading approval, all areas
with evidence of fertilizer or pesticide-stained soils shall be evaluated to
determine the vertical and lateral extent of any such spill. All areas containing
spilled fertilizer or pesticide products shall be treated, blended, with existing soil,
or excavated, depending on the fertilizer or pesticide levels in the soil, to comply
with appropriate specifications of the City, the DTSC and/or EPA, as applicable.
Any soils removed shall be disposed of at an appropriate hazardous materials
disposal site. All work shall be completed to the satisfaction of the DTSC or local
oversight agency.
Hvdroloav and Water Quali~
20. 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.
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21. Prior to construction of the proposed artificial lake, the developer shall design
and implement a lake filtration and aeration system to minimize algae growth and
to maintain sufficient water quality standards. A water quality monitoring and
maintenance system also shall be installed to minimize potential adverse health
effects associated with human contact with the lake.
22. During the engineering and final design of the future tract maps within the portion
of the site denoted by FEMA as Flood Zone A, the future development project
shall be designed to raise the floodplain level within the existing area denoted by
Flood Zone A, and raise building pads above flood levels. A Letter of Map
Revision (LOMR) from FEMA would be required to clear the Zone A designation
from the Flood Insurance Rate Maps. The LOMR would be required prior to
certification of use and occupancy in the flood zone areas.
23. Concurrent with tract map approval for the flood zone A area, the applicant shall
demonstrate through hydrologic analyses that filling of existing flood zones would
not adversely create new flood hazards on or off site. Specific engineering
measures may be required to prevent damages (resulting from the displacement
and diversion of the floodwaters that would normally be impounded by the
railroad in the preconstruction condition) to adjacent and downstream properties.
Such measures may include the design and installation of detention basins.
Land Use and Plannina
24. Refer to Biological Resources condition #6 regarding payment of the
Metropolitan Bakersfield Habitat Conservation Plan development impact fee.
Noise
25. Limiting 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 is
exempt.
26. Outdoor activity areas of residential areas shall be designed such that noise from
traffic does not exceed 65 dB CNEL. The project applicant 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 2020 with-project conditions does not exceed 65 dB CNEL at outdoor
activity areas. Treatments may include methods such as construction of a sound
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wall 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.
27. 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 Ldn 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.
28. Outdoor activity areas of residential areas shall be designed such that noise from
trains does not exceed 65 dB CNEL. The project applicant shall retain a qualified
acoustical consultant to design treatments for residences located adjacent to the
BNSF track such that exterior train noise does not exceed 65 dB CNEL at
outdoor activity areas. Treatments may include methods such as construction of
a sound wall or earth berm between the new residences and the track or
placement of building structures between the track 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.
29. Interior areas of residential units shall be designed such that noise from trains
does not exceed 45 dB CNEL. The project applicant shall retain a qualified
acoustical consultant to ensure that interior noise levels from trains at residences
does not exceed 45 dB CNEL. 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
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noise performance standard. The report must be reviewed and approved by the
City before a building permit is issued.
30. 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
· 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.
Public Services and Utilities
31. 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.
Transportation and Circulation
32. Developing and implementing a traffic control plan: 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
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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.
· 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 2001), 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.
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· 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.
33a. 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:
· provide the traffic circulation improvements necessary to serve the immediate
Map area; and
· 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 10 intersections and 5 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 1. The
necessary improvements are identified in Tables 3N-13 and 3N-14 of this
Draft PEIR.
'The fair-share improvements for the 10 intersections and 5 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.
33b. 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 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.
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. 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
Map.
33c. 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.
34. 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.
35. 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
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appropriate parking to minimize offsite parking impacts or neighborhood
intrusion.
CONDITIONS OF APPROVAL:
Public Works Conditions
36. Prior to approval of any development plan, improvement plans, or application for
a lot line adjustment, the following shall occur:
a. Provide fully executed dedications for all Arterials and Collectors on the
periphery of the GPA/ZC area. Dedications need not be provided for arterials
or collectors that are not on the section or mid-section line, or that will require
a Specific Plan Line. 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.
b. Establish a Planned Drainage Area, (PDA), within the GPA area as approved
by the City Engineer. Only one basin per eighty acres may be utilized to
serve this area. The basins shall be located so that adjacent areas may
connect as development occurs. Upon approval of the PDA, any required
retention site and/or easements shall be dedicated to the City.
37. Dedicate a collector equivalent width for the West Beltway within the GPA
request. The remainder of the width needed for the West Beltway, including
interchanges and slope easements, shall be reserved. Submit a current title
report with the dedication documents.
38. Seventh Standard Road shall be constructed as a limited access control 6-lane
expressway with full access signalized intersections permitted at minimum %
mile spacing. No other intermediate street intersections will be permitted. Limited
access right in and out only access points may be considered, subject to design
review, provided an auxiliary continuous right turn lane is constructed with the
development to maintain expressway standards.
39. Allen Road will be shown on the circulation plan as a collector roadway extending
north to Seventh Standard Road, with Etchart Road providing the east-west
collector connection between Allen Road and Jenkins Road.
40. The Rosedale Ranch land use plan will not reserve right of way for any future
freeway level improvement parallel to Seventh Standard Road.
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41. The Applicant may pursue renaming Kratzmeyer Road to Olive Drive between
Allen Road and Santa Fe Way.
42. The GPAlZC area is within the service area of the North of River Sanitary District
NO.1. Sewer service in this area must conform to the NORSD's adopted Sewer
Study, and construction of sewer lines shall be per NORSD's requirements. All
trench backfill and paving within the public right-of-way shall require an Open
Street Permit and be as per the City of Bakersfield's adopted standards.
43. The subdivider shall pay his proportionate share of the cost for the future
construction of full width landscaped median islands within all Arterials. Payment
shall be made prior to the recordation of each final map.
44. Until such time as Seventh Standard Road is annexed into the City construction
of Seventh Standard Road shall be done under permit from the controlling
agency (County/City of Shatter) and if so desired the controlling agency shall
also sign the street improvement plans.
45. The applicant/developer/subdivider shall be responsible for all the cost of
culvert/bridge widening within the GPA area and half of those, crossing the GPA
area boundary. A Bridge and Major Thoroughfare District may be established as
directed by the City Engineer.
46. Except for Seventh Standard Road, access to the arterial and collector streets
will be limited and determined at time of division or development. Access from
the arterial and collector streets shall be per City standards.
47. Determination of whether a right turn lane is required at the access street(s) will
also be made at the time of division or development. A full access opening will
only be considered if the developer funds and installs a traffic signal at the site
entrance. Said signal will only be permitted if a signal synchronization study is
submitted and approved, which shows progression is not adversely affected.
48. The entire area covered by this General Plan Amendment shall be included in
the Consolidated Maintenance District. The applicant shall pay all fees for
inclusion in the Consolidate Maintenance District with submittal of any
development plan, tentative subdivision map, Site Plan Review, or application for
a lot line adjustment for any portion of this GPA area.
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49. Pay the standard residential, commercial and industrial 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.
50. Prior to recordation of final maps, the Public Works Department shall verify that
associated improvement plans specify that all street lights are to be zero cutoff
fixtures. (Added by the Planning Commission)
51. In the interest of public safety, a condition of approval shall be placed on the first
subdivision map within the GPNZC area requiring the applicant to construct
curb, gutter, and street improvements to City of Bakersfield standards along
commercially zoned property fronting arterial streets east of the West Beltway.
(Added by the Planning Commission)
Recreation and Parks Condition
52. Prior to the approval of the first tentative subdivision map within the GPAlZC
area, a Master Parks Plan for the entire GPAlZC area shall be approved by the
Planning Commission.
Photoyoltaic Systems Condition
53. 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)
City Attorney Condition
54. 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.
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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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Statement of Facts and Findings
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FINAL
FINDINGS REGARDING THE ENVIRONMENTAL
EFFECTS FOR THE
ROSEDALE RANCH PROJECT EIR
GPA/ZC NO. 04-0671
SCH # 2005011033
Lead Agency:
CITY OF BAKERSFIELD
1715 Chester Avenue
Bakersfield, California 93301
Contact: Mr. Marc Gauthier
(661) 326-3786
Consultant:
JONES & STOKES
17310 Red Hill Avenue, Suite 320
Irvine, CA 92614
June 2005
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Findings of Fact
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 Rosedale 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 fmding. Such changes
have been adopted by such other agency or can and should be adopted by
such other agency.
· Specific 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
thc 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
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
Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmentallmpacl Report
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Findings of Fact
Statement of Overriding Considerations has been prepared for the proposed
project.
Project Objectives
The objectives of the proposed project include:
· to develop a self-contained community focused on a mixed-use Village
Center that would serve as an entertainment and service center as well as a
gathering place for a wide range of community activities and special events;
· to develop a new sustainable, walkable community with its own identity that
incorporates a range of housing types interCOlll1ected via pedestrian-oriented
parks, greenbelts, and trails and includes extensive parks and recreation
facilities;
· to assist the City in meeting its share of the regional housing need, as
reflected in the Regional Housing Allocation Plan for near-term (5-year
period) needs, and in adopted long term forecasts;
· to provide a fiscally sound mixed-use development that would encourage
mutual support between residences and proposed commercial and industrial
areas and that will continue to support the provision of municipal services
throughout the City;
· to reduce resident and worker automobile dependency by encouraging
pedestrian activity (including providing for safe and efficient pedestrian
traffic movement) and providing opportunities for employment nearby;
· to develop a site shown for future development in the Metropolitan
Bakersfield Habitat Conservation Plan (MBHCP) (City of Bakersfield and
Kern County 1994) while contributing to overall protection for sensitive
species through the payment ofMBHCP mitigation fees; and
· to implement new development, consistent with General Plan Goals and
Policies, in a phased, orderly manner, coordinated with the provision of
infrastructure and public improvements, including:
· implementing a comprehensive road and infiastructure improvement phasing
program that assures adequate capacity for buildout of the planned
development while incorporating attractive streetscape and landscape
standards; and
· assuring the adequate provision of infTastructure and utilities to serve the
proposed project site and vicinity.
Proposed Project
The proposed project involves a General Plan Amendment, Zone Change, and
Annexation of approximately 1,655 acres to the City to allow for the new master-
planned community. 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 commercial and mixed-use
Rosedal. Ranch Project (GPNZC #04-0671)
Final Program Environmental Impact Report
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commercial, light industrial, and service industrial. The proposed project
includes a Development Agreement with the City and involves rescinding the
portion of the Western Rosedale Ranch Specific Plan that covers the subject site.
The proposed General Plan Amendment would change the existing Metropolitan
Bakersfield General Plan (MBGP) land use designations from Service Industrial
(SI), Light Industrial (Ll), General Commercial (GC), Low-Medium Density
Residential (LMDR), and High-Medium Density Residential (HMDR), to the
following:
· LR - Low Density Residential;
· LMR - Low-Medium Density Residential;
· HMR - High-Medium Density Residential;
· GC - General Commercial;
· MUC - Mixed-Use Commercial; and
· Ll - Light Industrial.
In addition, as part of the proposed General Plan Amendment, the applicant is
proposing to change the circulation pattern, 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 proposed project. As part of the Circulation
Element Amendment, the alignment for the West Beltway would be modified to
move further to the west to follow the Burlington Northern Santa Fe railroad
(BNSF) right -of-way beyond the western portion of the site, and exit the northern
portion of the site along what is currently Heath Road (rather than Rudd Road).
Kratzmeyer Road/Olive Drive would remain an arterial roadway, but would be
realigned to the south and west of the site to create a new interchange with the
future West Beltway. Seventh Standard Road and Jenkins Road would remain in
their current alignment and would remain arterial roadways. The proposed
collector roads interior to the site would be reconfigured to a series ofloop and
winding roads, eliminating the existing grid pattern within the site.
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, commercial, and industrial zones
consistent with the General Plan Amendment, including:
· R-l (One-Family Dwelling Zone):
· R-2 (Limited Multiple-Family Dwelling Zone);
· C-l (Neighborhood Commercial Zone);
· C-2 (Regional Commercial Zone); and
· M-l (Light Manufacturing Zone) 0
The proposed project also includes zoning changes that would incorporate the
use of a Planning Unit Development (POD) and Planned Commercial
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Final Program Environmental 1m pact Report
City of Bakersfield
Findings of Fact
Development (PCD). The PUD and PCD zones are used to provide flexibility to
the zoning code and would be applied to some of the proposed project area.
These zones also allow for modifications to restrictions on residential zones (via
PUD) and commercial zones (via PCD).
A concept plan for ultimate development of the site is described to provide a
broad guide for related entitlements that may be requested in the future. Detailed
design would occur as future entitlement applications are submitted for review by
the City at a tract map level. The target numbers of residential dwelling units and
commercial/industrial square footages would include the following:
· 6,441 total residential dwelling units, including:
o 1,575 Low Density Residential (less than or equal to 7.26 dwelling units
per net acre [du/ac]) on approximately 412 acres;
o 3,296 Low-Medium Density Residential (greater than 4.0 and less than
or equal to 10.0 du/ac) on approximately 753 acres;
o 670 High-Medium Density Residential units (greaterthan 7.26 and less
than or equal to 17.42 du/ac) on approximately 69 acres; and
o 900 high-density multi-family residential units in the Mixed-Use
Commercial zone on approximately 45 acres;
· 211,266 square feet of general commercial space on approximately 19 acres;
· approximately 2.4 million square feet of mixed-use commercial retail and
office space on approximately 219 acres; and
· approximately 3.5 million square feet of light industrial warehouse and
manufacturing on approximately 182 acres.
The proposed project would include several recreational components that would
include a lake and beach club, a community sports park, the Heritage Palms
Great Park, village greens, various neighborhood parks, and trails. Detailed
designs have not yet been prepared for these areas, but would be included in
future plans, including any tentative tract map for residential purposes.
The proposed project site would also include a number of school sites, which
have not been specifically identified as part of the land use plan because the City
of Bakersfield does not identify school sites at a General Plan level. Specific site
locations would be identified during future phases of the project in coordination
with the Rosedale Union School District, Norris School District, and Kern High
School District.
A large-scale regional business center is proposed to be located at the future
interchange of the West Beltway and Seventh Standard Road. The BNSF
Railway, the West Beltway, and proposed interior streets would fonn the
boundaries of the 245. I-acre Regional Business Center. This area would be
developed as a mixed-use center of commercial retail ( 46.2 acres), commercial
office (16.8 acres), and light industrial, assembly, warehouse, office, and
manufacturing uses (182.1 acres), for a total of 4,309,744 square feet of
development.
Rosedale Ranch Proiect (GPA/ZC #04-0671)
Final Program Environmental Impact Report
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The proposed project would be primarily accessible via West BeltwayfHighway
99 north to Olive Drive and secondarily from Seventh Standard Road. The future
primary entry to Rosedale Ranch is designed with a free right turn from Olive
Drive past the Village Center with a view of the lake. The entry would lead
directly to the lake and beach club, which is the social and recreational hub of the
community. Roadways including Jenkins Road, Seventh Standard, and Olive
Drive on the perimeter of the proposed project would maintain their MBGP
designation as Arterial. Interior proposed project roadways would consist of
circulation element collectors and local collectors.
The proposed project would be developed in phases as infrastructure (on-site and
off-site) is developed or upgraded to support the project. An example of a
phasing plan is as follows:
· construction of low density residential components and a portion of the
regional commercial center in the southeastern and central portions of the site
during Phase I (2008);
· additional single-family residential and neighborhood commercial uses
toward the northeastern portion of the site during Phase II (2012);
· a mix of regional commercial in the northwestern and southeastern portions
of the site along with low and medium density residential in the southern and
central portions of the site during Phase III (2016); and
· additional single-family uses along with the regional industrial center in the
northwestern portion of the site as part of Phase IV (2020).
The applicant's specific entitlement objective under this environmental document
is to obtain approval by the City of a General Plan Amendment, Zone Change,
and a Development Agreement. The EIR would also be used to support the
proposed annexation of the site under separate action by the Kern County Local
Agency Fonnation Commision. Related future approvals include a vesting
tentative tract map, a parcel map for non-residential components, PUD and PCD
submittals, possible Conditional Use Pennits (CUP), and possibly other
pennitting actions from other responsible agencies. A master 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.
Findings of Fact
Findings of Fact are based on information contained within the Draft and Final
PEIR for the proposed Rosedale 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 April 4, 2005 to May 19, 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 environmental effects of the
Rosedale Ranch Project (GPNZC #04-0671)
Final Program Environmental Impact Report
5
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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
· 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
· Transportation and Traffic
Other environmental impacts were identified and disclosed within the Draft
PEIR. Impacts that were determined to be less than significant and that would
not require the implementation of mitigation include Mineral Resources,
Population and Housing, and Recreation.
These findings are presented by environmental resource and are presented
separately for environmental impacts that are potentially significant but mitigated
to less than significant levels, and significant unavoidable environmental
impacts. Where mitigation measures are proposed, these mitigation measures are
included in a Mitigation Monitoring Plan, which has been prepared separately
from these findings. 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.
Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
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Aesthetics
Impact
AES-l. The proposed project would result in increase in nighttime lighting that
could result in glare and spill light. A number of new lighting sources would be
introduced within the proposed project area including residential, commercial
and industrial areas, parks, parking lots, and street lighting. Lighting associated
with future sports park fields was detennined to be significant due to higher
wattage, and mounting on higher poles that may be more visually intrusive at
night when in use.
Mitigation
MM AES-I.I. During the installation of high-wattage pole-mounted sports park
lighting, luminaries shall be provided with filtering louvers and hoods to
minimize spill light to adjacent properties. Prior to operation of the sports park
lighting, all pole-mounted lights shall be aimed away fÌ"om adjacent properties,
including potential future residences, and shall include glare shields and hoods.
Following the installation of the lighting, light levels shall be measured with a
light meter by a licensed electrical engineer to detennine whether spill light
exceeds 0.50-foot candles at the property lines. In the event that spill light
exceeds this threshold, corrective measures shall be implemented, e.g.,
adjustment of and re-aiming the lights, installation of additional hoods and/or
louvers
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.
Air Quality
Impact
AQ-I. The proposed project would generate PM I 0 (particulate matter) emissions
during construction. The San Joaquin Valley Unified Air Pollution Control
District (SNUAPCD) has detennined that compliance with its Regulation VIII,
including implementation of all feasible control measures specified in its Guide
for Assessing Air Quality Impacts, constitutes sufficient mitigation to reduce
construction-related PM I 0 emissions to less-than-significant levels and to
minimize adverse air quality effects.
Mitigation
MM AQ-I.I. The project applicant shall comply with SNUAPCD Regulation
VIII and implement additional construction vehicle emissions reduction
measures. To control the generation of construction-related PMIO fugitive dust
and exhaust emissions, the project applicant shall comply with SNUAPCD
Regulation VIII and the measures summarized below. It should be noted that
Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
7
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amendments to Regulation VIII were adopted that became affective on October
1,2004. The SN APCD should be contacted to determine how this rule may
affect this proposed project.
SlVUAPCD Regulation VIII Control Measures for Construction Emissions of
PM-JO:
· All disturbed areas, including storage piles, which are not being actively
utilized for construction purposes, shall be effectively stabilized of dust
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
stabilizer/suppressant.
· 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.
SlVAPCD Control Measuresfor Construction Equipment 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.
Rosedale Ranch Project (GPNZC #04-0671)
Final Program Environmental Impact Report
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· 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.
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 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
AQ-2. Area source emissions would be generated during operation from natural
gas combustion, water and space heating, landscaping equipment, and personal
household product use. Vehicle emissions due to an increase in project vehicle
trips of 92,340 trips per day would also occur. These operational emissions
would exceed SNUAPCD thresholds and are considered significant.
Mitigation
MM AQ-2.l. 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:
· solar water heater,
· central water heater,
· increase insulation beyond Title 24, and
· use of electric landscape maintenance equipment on commercial buildings.
In addition, these following measures apply to the project vicinity (within 1 mile
of the proposed project):
· sidewalk and path coverage,
· shade trees along street,
· pedestrian circulation access in most locations,
· large number of visually interesting pedestrian uses,
· a street system that enhances safety,
· high degree of pedestrian safety from crime,
· visually interesting walking routes,
Rosedale Ranch Project (GPAJZC #04-0671)
Final Program Environmental Impact Report
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· bus service (every 15 minutes or more frequent) within 0.25 mile of the
proposed project,
· high coverage of interconnected bikeways,
· bike routes provide paved shoulders,
· safe vehicle speed limits,
· safe school routes for primary and secondary schools,
· large number and variety of uses within cycling distance, and
· secure bike parking.
MM AQ-2.2. Prior to the issuance of the first building pennit, the project
applicant shall enter into an agreement with the SN APCD for the mitigation of
NOx, ROG, and PMIO 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 trom gasoline and diesel to compressed
natural gas engines. This emissions offset program would be coordinated with
and approved by the SN APCD 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.
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 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.
Bioloaical Resources
Impact
BIO-2. The proposed project could potentially impact the endangered 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. Also, the
presence of natîve and non-native trees on sîte provîdes suîtable nesting and
roosting habitat for migratory bird species, including the state-listed threatened
Swainson's hawk, protected under the Migratory Bird Treaty Act. Therefore,
potential impacts could occur because these species have the potenhal to be on
site.
Rosedale Ranch Project (GPAlZC #04-(671)
Final Program Environmental Impact Report
Mitigation
MM BIO-2.1. The San Joaquin kit fox is a covered species within the MBHCP.
The payment of development impact fees is considered adequate mi ligation
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Findings of Fact
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-pen1Ùttee 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 BlO-2.2. 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 ofthe edge of the
proposed project boundary and the entire proposed 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 sites, including
Swainson's hawk. No habitat removal or any other work shall be allowed to
occur within the fenced nest zone until a qualified biologist confmns that the
young have fledged and have left the nest.
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 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
Impact
CR -1. One prehistoric archaeological site and three prehistoric isolated artifacts
were located within the proposed project area. Construction of the project could
impact these sites. Additionally, the proposed project area could be a component
of a rural historic landscape. If the proposed project area were deten1Ùned to be
eligible for listing as a historic landscape, construction and development
activities could potentially impact this resource. Further, the technical study
resulted in the identification of a segment of the A.T. & S.F. Railway along the
western boundary of the proposed project area as being a potentially historic
resource.
Mitigation
MM CR-I.1. Prior to fmal 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. Prior to the issuance of a
Rosedale Rancl1 Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
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Findings of Fact
grading permit and based on the report recommendations, final mitigation shall
be carried out.
MM CR-I.2. Prior to development within the proposed project site, the applicant
shall retain a qualified archaeologist with experience in evaluation of rural
historic landscapes to further characterize the project area and determine its
potential contribution to a historic landscape. Additional archival research shall
focus on determining the potential for the proposed proj ect area to be a
component of a rural historic landscape associated with the industrial agricultural
and speculative activities of the KCLC, the Rosedale Ranch, and the Rosedale
Colony by a qualified historical archaeologist and/or historian.
Archival research shall include determining the boundary of the original KCLC
Rosedale Ranch and the Rosedale Colony, developing an appropriate historic
context for the landscape, determining the features associated with the landscape,
and determining the potential for subsurface historical archaeological deposits
associated with the ranch operations and with the Rosedale Colony within the
proposed project area.
If the qualified historical archaeologist and/or historian determines that the
proposed project area is a component of a rural historic landscape and that it is
eligible for listing on local, state, and/or federal registers, management
recommendations shall be provided to the Lead Agency. Management
recommendations may include, but are not limited to, a cultural resources
management plan, a formal nomination to historic registers, and treatment
measures for archaeological sites.
If the qualified historical archaeologist and/or historian determines the proposed
project area is not a component of a rural historic landscape, individual cultural
resource evaluations may be required to determine the individual eligibility of
existing features and archaeological sites.
MM CR-I.3. Prior to fmal tentative tract map approval for affected parcels
(parcels adjacent to the A.T. & S.F. rail line), a qualified architectural
historianlhistorianlhistorical archaeologist shall be retained by the developer to
conduct an evaluation of the A.T. & S.F. Railway line for eligibility to federal,
state, and local historical registers as an individual resource and/or a component
of the rural historic landscape.
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-2. Buried cultural resources that were not identified during field surveys
could be inadvertently unearthed during ground-disturbing activities. This could
result in the demolition or substantial damage to significant cultural resources.
Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
12
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Findings of Fact
Mitigation
MM CR-2.1. ¡fburied 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 fmd 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.
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. Buried human remains could be inadvertently unearthed during
excavation activities, which could result in damage to these human remains.
Mitigation
MM CR-3.1. ¡fhuman 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
Rosedale Rancl1 Project (GPNZC #04-0671)
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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 hwnan 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 hwnan 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. ¡fthe remains are determined 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 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.
Hazards and Hazardous Materials
Impact
HAZA. 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 that list known oil and water wells. However, the project site has a
moderate potential to contain hazardous materials in isolated portions of the
proposed project site as a result of ongoing agricultural and petroleum-producing
activities, as well as associated inftastructure such as pipelines, storage tanks,
equipment use, wells, etc. Accordingly, the site contains a number of locations
that could pose a health risk to future workers and residents if not appropriately
remediated prior to ground-disturbing activities.
Areas that could pose a risk to future workers and residents include soils stained
ftom petroleum uses such as wells or pipelines, or pesticides/fertilizers and
associated metals, and areas that could exhibit PCB staining from transformers or
transformers themselves that contain PCBs. Fertilizers, pesticides, herbicides,
and petroleum residues can be a threat to future workers and occupants if they are
disturbed and released into the air, and also could percolate into the groundwater
beneath these areas if not appropriately remediated.
Although water wells do not pose a direct risk to human health and safety
through the presence of chemicals, the physical nature of a well can be
considered a threat such as the danger ftom a small child's falling in. Other past
uses such as the septic tank( s) that would have been likely used only for
residential use are unlikely to contain chemicals of concern.
June 2005'O~.K;:-
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Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
14
City of Bakersfield
Findings of Fact
Mitigation
Water Wells
MM HAZ-4.1. To ensure the health and safety of future workers and residents,
prior to issuance of any grading permit, the applicant shall provide for the
remediation of all existing water wells and sumps (wet or dry). All water wells
shall be appropriately shut in and be evaluated and verified by the Water Section
of the Kern County Certified Unified Protection Agency.
Oil Wells
MM HAZ-4.2. Prior to the approval of any grading permit for the proposed
project, oil wells in the proposed project area defined by the corresponding set of
tract map(s) shall be properly closed, cleaned, and abandoned, prior to any
ground disturbing activities. All existing 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 California Division of Oil and Gas 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-4.3. Prior to occupancy of any residence within the proposed project
area, each area containing (an) oil well(s) (either 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-4.4. Prior to the approval of final tentative tract maps and grading
approval, demolition of the KCL 67 Tank Farm shall be conducted in accordance
with all appropriate DTSC regulations and with those set forth by DOGGR. All
areas within the KCL 67 Tank Fann that show evidence of petroleum-stained
soils shall be evaluated through subsequent testing to determine the vertical and
lateral extent of any such spill. All areas within the KCL 67 Tank Farm that
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. All work shall be completed to the satisfaction of the DTSC and DOGGR.
MM HAZ-4.5. Prior to the approval of any grading permit for the proposed
project, all 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, the nature of the stain shall be determined. All areas containing
petroleum-stained soils shall be treated, blended, with existing soil, or excavated,
depending on the petroleum levels in the soil, to comply with appropriate
specifications of the City, the DTSC and/or EPA, as applicable. Any soils
removed shall be disposed of at an appropriate hazardous materials disposal site
to the satisfaction of DTSC or the local oversight agency.
Electric Overhead Powerlines
MM HAZ-4.6. Prior to the approval of any grading permit for the proposed
project, all oil and gas pipelines shall be removed and the soil conditions shall be
Rosedale Ranch Project (GPAlZC #04-(671)
Final Program Environmental Impact Report
15
June 200\ 'ò M t)'
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Findings of Fact
monitored by a qualified hazardous materials specialist. If soil staining is
evident, the nature of the stain shall be determined. All areas containing
petroleum-stained soils shall be treated, blended, with existing soil, or excavated,
depending on the petroleum levels in the soil, to comply with appropriate
specifications ofthe City, the DTSC and/or EP A, as applicable. Any soils
removed shall be disposed of at an appropriate hazardous materials disposal site
to the satisfaction ofDTSC or the local oversight agency.
Aariculture
MM HAZ-4.7. Prior to the approval of final tentative tract maps and grading
approval, all areas with evidence of fertilizer or pesticide-stained soils shall be
evaluated to detennine the vertical and lateral extent of any such spill. All areas
containing spilled fertilizer or pesticide products shall be treated, blended, with
existing soil, or excavated, depending on the fertilizer or pesticide levels in the
soil, to comply with appropriate specifications ofthe City, the DTSC and/or
EP A, as applicable. Any soils removed shall be disposed of at an appropriate
hazardous materials disposal site. All work shall be completed to the satisfaction
of the DTSC or local oversight agency.
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 measures above is feasible,
and is therefore adopted.
Hydroloay and Water Quality
Impact
WQ-3. Construction and placement of residential units, landscaping, roadways,
and other impermeable surfaces would alter the existing drainage patterns of the
site by minimizing precipitation from directly entering the soil column.
Construction would create bare ground that would be exposed to potential
erosion; any erosion would create a significant impact.
Mitigation
MM WQ-3.1. 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
identitY 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. Stonnwater runoff water quality monitoring procedures shall
be clearly detailed in the SWPPP.
Rosedale Ranch Project (GPAlZC #04-(671)
Final Program Environmental Impact Report
16
June 2005 0. ~.I\."
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Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant envirorunental 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
WQ-6. The proposed project's artificial lake would be a closed system that
would be lined and have water pumped into it. Artificial lakes in closed systems
could potentially have issues with algal growth and could impact human health
and safety.
Mitigation
MM WQ-6.1. Prior to construction of the proposed artificial lake, the developer
shall design and implement a lake filtration and aeration system to minimize
algae growth and to maintain sufficient water quality standards. A water quality
monitoring and maintenance system also shall be installed to minimize potential
adverse health effects associated with human contact with the lake.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant envirorunental 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
WQ-7. The proposed project site does not fall within a 100-year flood zone, as
delineated by the MBGP. However, there is a 38.6-acre depression near the
BNSF Railroad tracks that impounds water and is designated by FEMA as a 100-
year Flood Hazard Area (Zone A). If structures and other flood-sensitive
development components were placed in the depression, flooding could occur
and may precipitate a significant impact.
Mitigation
MM WQ-7.1. During the engineering and final design of the future tract maps
within the portion of the site denoted by FEMA as Flood Zone A, the future
development project shall be designed to raise the floodplain level within the
existing area denoted by Flood Zone A, and raise building pads above flood
levels. A Letter of Map Revision (LOMR) from FEMA would be required to
clear the Zone A designation from the Flood Insurance Rate Maps. The LOMR
would be required prior to certification of use and occupancy in the flood zone
areas.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant envirorunental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
17
June 2005
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Findings of Fact
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
WQ-8. The small depression near the BNSF Railway tracks that impounds water
and is designated by FEMA as a IOO-year flood zone (Zone A). If, when grading
and development plans are finalized, the depression requires filling, areas
adjacent to, downstream from, and within the depressions could be indirectly
impacted by redirecting drainage or flood flows off site. The extent of flooding
of these structures would depend entirely on the remaining upstream drainage
patterns and the amount of volume that was displaced by the action. Flooding
could occur and may constitute a significant impact.
Mitigation
MM WQ-8.1. Concurrent with tract map approval for the flood zone A area, the
applicant shall demonstrate through hydrologic analyses that filling of existing
flood zones would not adversely create new flood hazards on or off site. Specific
engineering measures may be required to prevent damages (resulting from the
displacement and diversion of the floodwaters that would normally be
impounded by the railroad in the preconstruction condition) to adjacent and
downstream properties. Such measures may include the design and installation
of detention basins.
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.
Land Use and Plannina
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. The MBHCP is intended to meet the requirements of both state and
federal endangered species acts. Upon payment of required mitigation fees and
receipt of City project approval, a development applicant would become a sub-
permittee and would be allowed the "incidental take" of species in accordance
with state and federal endangered species laws.
Mitigation
MM BIO-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. 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
Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
18
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Findings of Fact
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
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
NOI-l. During the construction of the proposed project, noise rrom construction
activities would potentially impact noise-sensitive land uses in the immediate
area. 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. Additionally, construction could occur within 1,000 feet
of residences outside the hours allowed by the City's noise ordinance.
Mitigation
MM NOI-I.I. Limiting 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 is exempt.
Impact
MM NOI-3. Traffic noise was evaluated along 7th Standard Road, Jenkins Road,
and Olive Drive at segments adjacent to proposed residential land uses. Studies
conclude that future residential uses along the perimeter of the proposed project
site could be exposed to noise exceeding 65 dB CNEL and could be exposed to
interior noise exceeding 45 dB CNEL. Exterior and interior areas of residences
could be exposed to traffic noise exceeding 65 dB CNEL and 45 dB CNEL
respectively.
Mitigation
MM NOI-3.1. Outdoor activIty areas of residential areas shall be designed such
that noise from traffic does not exceed 65 dB CNEL. The project applicant 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 2020 with-project conditions does not exceed 65 dB CNEL at
outdoor activity areas. Treatments may include methods such as construction of
a sound wall 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
Rosedale Ranch Project (GPAlZC #04-(71)
Final Program Environmental Impact Report
19
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Findings of Fact
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 project buildings will reflect the
approved report.
MM NOI-3.2. 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 Ld" 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
perfonnance 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.
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 mitigation measures as presented above. The City
hereby finds that implementation of the mitigation measures above is feasible,
and is therefore adopted.
Impact
NOI-4. The distance to the 65 dB CNEL contour from rail activity will range
from approximately 290 to 630 feet. Assuming nominal exterior-to-interior
noise reduction of 20 dB, residences located adjacent to the track could be
exposed to interior noise exceeding 45 dB CNEL. Exterior and interior areas of
residences could be exposed to train noise exceeding 65 dB CNEL and 45 dB
CNEL respectively.
Mitigation
MM NOI-4.I. Outdoor activity areas of residential areas shall be designed such
that noise from trains does not exceed 65 dB CNEL. The project applicant shall
retain a qualified acoustical consultant to design treatments for residences located
adjacent to the BNSF track such that exterior !rain noise does not exceed 65 dB
CNEL at outdoor activity areas. Treatments may include methods such as
construction of a sound wall or earth berm between the new residences and the
track or placement of building structures between the track 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.
MM NOI-4.2. Interior areas of residential units shall be designed such that noise
from trains does not exceed 45 dB CNEL. The project applicant shall retain a
qualified acoustical consultant to ensure that interior noise levels from trains ati
Rasedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
20
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Findings of Fact
residences does not exceed 45 dB CNEL. Iftreatments 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.
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 mitigation measures as presented above. The City
hereby finds that implementation of the mitigation measures above is feasible,
and is therefore adopted.
Impact
MM NOI-5. Commercial and industrial uses that could be allowed under the
general plan and planned zoning include a wide range of commercial retail,
office uses, service uses, restaurants, automobile service uses, machine shops,
storage spaces, and manufacturing and warehousing, to name a few. Noise
sources commonly associated with commercial and industrial property include
air conditioning units, trash compactors, fans, compressors, and truck deliveries.
Noise from this type of equipment and activity could result in noise at residences
that exceeds City noise standards for non-transportation noise sources.
Mitigation
MM NOI-5.1. 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, 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 performance
standard. The report must be reviewed and approved by the City before a
building pennit will be issued. The design of commercial and industrial uses will
reflect the approved report.
Resedale Ranch Project (GPNZC #04-(671)
Final Program Environmental Impact Report
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
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City of Bakersfield
Findings of Fact
identified in the fOnll 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. Construction of the proposed project would result in the generation of
construction debris that would otherwise enter the solid waste stream. Addition
of construction debris could shorten the life of area landfills.
Mitigation
MM PS-6.1. 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 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.
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 fOnll 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 through TR-4. Temporary increases in traffic could occur as a result of
project construction. Construction could have the potential to worsen level of
service on study area roadways, increase safety hazards, interfere with
emergency access and circulation, and result in inadequate parking for
construction equipment and workers.
Mitigation
MM TR-l.l. Develop and implement a 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
implemented throughout the course of project construct lon, 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;
Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
22
June 2~ifØ~K~0'
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· 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;
· restrict delivery of construction materials to between the hours of9:00 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 (FHW A 200 I), 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.
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 ofthe 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 he reviewed by the Bakersfield FD prior to approval at a
tract map level. All tire department standards would need to be complied with
during final design to minimize impacts to emergency access.
Mitigation
MM TR-7.1. Prior to approval of tentative tract maps for subsequent phases of
the proposed project. construction plans shall be approved by the Fire Marshall
Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
23
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Findings of Fact
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 mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
TR-8. Detailed plans have not yet been prepared for the project components.
However, all residential, commercial, industrial, and other land uses would be
required to provide adequate parking in accordance with the City's Municipal
Code. .
Mitigation
MM TR-8.1. 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.
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.
Significant Unavoidable Environmental Impacts
Aaricultural Resources
Impact
AGR-I. The proposed project site contains 1,655 acres designated as "Prime
Fannland," containing Class I and Class II soils. Subdivision of lands such as
these results in substantial prime agricultural acreages being taken out of
agricultural production. Conversion of farmland on the proposed project site is
considered a significant impact for the following reasons:
. the entire sitc consists of prime soils;
. water for irrigation is readily available on site;
Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
24
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City of Bakersfield Findings of Fact
· areas surrounding the site are currently actively fanned;
· the proposed project site, as well as surrounding parcels, have a zoning
designation of A (Exclusive Agriculture);
· the MBGP designates neighboring lands as Intensive Agriculture;
· the site is immediately adjacent to the north of Williamson Act contracted
lands;
· the proposed project could affect the application of agricultural chemicals on
other agricultural properties; and
· residential development is proposed adjacent to agricultural uses.
Mitigation
No mitigation is available that would feasibly reduce environmental impacts
associated with agricultural land conversion to less than significant levels.
Finding
There is no feasible mitigation or alternative that could substantially lessen the
significant environmental effects. Relative to the conversion of farmland to non-
farmland (development) uses, this impact is not a new impact. As detailed in the
PEIR, the appropriate land use for the site has been evaluated several times, and
the General Plan reflects the City's previous consideration and determination of
the location of new development and loss of agricultural land. Agricultural
conservation easements were evaluated as a mitigation measure. Such measures
are deed restrictions placed on property that keep the land in agricultural use.
There are two methods that could be used for such mitigation. The first is that
the applicant could pay a fee into a conservation easement fund or trust, and then
the fund/trust uses the fees to find land over which to impose the agricultural
easement, and implements all the details to ensure the fee has the intended
mitigation effect. A second method would be for the applicant himself to pursue
such an easement. This second method is not considered feasible due to the
extraordinary effort it would require of the applicant, given that the site has been
designated for development for several years. In addition, this method would be
a project-by-project approach, which, given the project's consistency with the
General Plan, is not considered appropriate for a regional issue. There is
presently no fund or trust in place for the general project area, including the City
of Bakersfield and Kern County. Similarly, neither the City nor the County has
any type of established program for such mitigation. One ofthe comments on
the PEIR indicated that such a fund is being established through the Great Valley
Center, but the City was not able to confinn that such a fund is already
established. In order to truly provide mitigation, there must be land available for
the easement. Because both the County and the City previously evaluated their
future land use and detennined locations for agriculture to remain and for
development to replace agriculture, neither the City nor the County have
identified any areas that are appropriate for an agricultural easement as an
additional agricultural protection mechanism. Therefore, because of the lack of
an existing program and requirement for easement funding and a program that
would provide oversight for implementing and monitoring an easement, the City
has determined that no additional mitigation is feasible.
Rosedale Ranch Project (GPNZC #04-0671)
Final Program Environmental Impact Report
25
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Relative to the impact of conversion on other agricultural adjacent or nearby
areas, 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 and impacts
would continue to be significant, and, therefore, are unavoidable
Specific economic, legal, social, teclmological, or other considerations, including
provisions of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives identified in the Final
ErR.
Impact
AGR-3. Changes to the project site could affect adjacent agricultural land by
limiting the agricultural feasibility of the land. The project could result in new
restrictions and limitations on pesticides, fungicides, and herbicides used on the
crops, noise, burning, and dust that could affect crop production. The project
also could increase traffic and pollution that could harm sensitive crops and water
supply could decline due to increased competition with the new residential uses
and place fann equipment on roadways in close proximity to people.
Mitigation
AGR-3.1. 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 Rosedale
Ranch (which would be disclosed to future residents through the purchase
process), or through disclosure forms 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,
including but not limited to pesticide use, dust generated by plowing, and slow-
moving agricultural vehicles, will continue.
Finding
Changes or alterations have been incorporated into the project, which reduce
significant environmental effects. However, this mitigation would not reduce
impacts to less than significant levels. Specific 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.
Resedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
June 200~ 'ò I\.k('»
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City of Bakersfield
Findings of Fact
Noise
Impact
NOI-2. Offsite traffic noise from project-related traffic increase in terms of
Average Daily Traffic (ADT) could increase 10% or more. This increase would
affect existing and future residents whose homes are adjoining existing or
proposed roadways. Significant impacts as a result of a substantial increase in
noise levels would occur along Snow Road, Allen-Calloway; Kratzmeyer Road,
Allen-Jewetta; Renfro Road, Hageman-SR 58; and Allen Road, 7'" Standard-
Hageman. Except for one location, which will exceed the noise standard, this
impact is related solely to the increase in noise because of project traffic
compared to existing conditions, and not to an exceedance of the adopted noise
standard. Traffic is projected to exceed 65 Ldn, the compatibility standard of
residences along only along Allen Road from 7'" Standard to Hageman. This
impact is therefore significant and unavoidable.
Mitigation
No feasible mitigation is available to reduce impacts to less than significant
levels.
Finding
Changes or alterations have been incorporated into the project that substantially
lessen the significant environmental effects but not to a level of less than
significant.
The only mitigation for this increase would be noise walls, but the noise standard
is not exceeded, and future development along these roads would most likely
implement any noise walls as part of that development. In addition, the City
would need to implement noise walls because they would either need to be
placed in City right-of-way for the streets, or land would have to be obtained
from the existing landowners. It is not reasonable to require construction of
extensive noise walls in areas that are not currently developed, but are expected
to be developed in the future based on the existing general plan. For the reasons
described above, the City has determined that mitigation of those locations is not
reasonable or feasible.
For the one location where there will be an exceedance of the standard in the year
2020, the proposed project contributes to a 3-dB increase in noise. A 3-dB
increase is just barely perceptible to the human ear. On Allen Road, from 7'"
Standard to Hageman, development is currently limited to farms. The land
fronting onto Allen Road in this location is planned for a variety of residential
and public services uses. At the time that the City approves a development plan
for the area along that segment of Allen Road, and if the City enacts a citywide
noise mitigation program, the project applicant will contribute to the noise
mitigation program on a fair-share basis. Because there is currently only one
sensitive receptor (a farmhouse), and because it is more appropriate to
incorporate any noise walls concurrently with future development of the area
along Allen Road. the City has determined that no other mitigation is appropriate
at this time.
27
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Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Envîronmentallmpact Report
City of Bakersfield
Findings of Fact
Specific 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.
Transportation and Traffic
Impact
TR-5. The proposed project is estimated to generate 162,583 trips per day at
buildout with 92,340 external daily trips. This traffic would generate significant
impacts at several roadways and intersections within the City that exceed the
level of service (LOS) of C. This is considered a significant impact to traffic
operations.
Mitigation
MM TR-5.1. a) Prior to approval of each Tentative Tract, Vesting Tentative
Tract, or Parcel Map (except Parcel Maps for financing or conveyancing
purposes oIÙY that require further subdivision prior to development) for
residential projects and PCD or Site Plan applications for other uses, the
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 12
intersections and 5 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. The necessary improvements are
identified in Tables 3N-13 and 3N-14 of this Draft PEIR.
b) To demonstrate that appropriate mitigation is being provided with each Final
Map, the process will be as follows.
· The applicant will provide confirmation of the traffic analysis for each map,
PCD or Site Plan based on current information on the status ofRTIF and
local improvements at the time of tentative 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:
· 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.
· Pay the City per unit mitigation fee.
Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
28
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City of Bakersfield Findings of Fact
· 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 Wlit 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 MapfPCD/Site Plan, and may be tied to the number oflots 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.
Findings
Changes or alterations have been incorporated into the project that substantially
lessen the significant environmental effects but not to a level of less than
significant. Almost all of the deficient conditions can be improved to a level of
service C through the project build out year of 2020 with a combination of
signalization and roadway widening. Many of these improvements have been
anticipated and are included in the R TIF program. Even with the mitigation,
there are a total of 12 intersections and five roadways that will operate below
level of service C even with full improvements. Of these, nine intersections and
four roadway segments will operate in this condition with or without the project.
These facilities are as follows:
Intersections
· Coffee Road at Truxtun Extension
· Coffee Road at Brimhall Road
· Rosedale Highway at Coffee Road
· Stockdale Highway at Coffee Road
· Gosford Road at Ming Avenue
· Seventh Standard Road at Coffee Road
· Seventh Standard Road at Calloway Drive
· 7"' Standard Road at Zerker Road
· 7'" Standard Road at Saee Rudd Road
· Seventh Standard at Renfro Road
· Stockdale Highway at Old River Road/Calloway Drive
· Calloway Dri\e at Brimhall Road
Roadways
Rosedale Ranch Project (GPNZC #04-0671)
Final Program Environmental Impact Report
29
June 2~,,!\Kf".-?
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City of Bakersfield Findings of Fact
· 71h Standard Road ~ in the vicinity of Zerker Road and at SR-99
· Olive Drive ~ Fruitvale Avenue to SR-99
· Hageman Road - Calloway Drive to Coffee Road
· Rosedale Highway - Calloway Drive to SR-99
· Coffee Road - Brimhall to Stockdale Highway
It is noted that most of these facilities will operate below level of service C with
or without this project in their ultimate configuration. 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. For
those intersections and roadways that cannot be fully mitigated, the City has
detennined that mitigation would require additional improvements (for example,
additional through lanes and turning lanes) that would exceed the City's current
design standards. Such improvements are not feasible because of the high cost
and magnitude of impact (for example, substantial residential and commercial
displacements). Therefore, not all impacts would be reduced to less-than-
significant levels and impacts would remain significant and unavoidable.
The City hereby finds that implementation of the mitigation measure above is
feasible, and is therefore adopted, yet a significant unavoidable impact would
remain. Specific 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.
Alternatives to the Proposed Project
Alternative 1A. No Project/No Build Alternative
Under this alternative, no aspect of the originally proposed project would be
constructed and the project area would remain in its current condition.
Agriculture operations would continue onsite with the cultivation and harvesting
of almonds and row crops. The existing General Plan land use designation and
zoning would be retained, but no development would occur.
Finding
The City hereby finds that the No ProjectlNo Build Alternative is infeasible.
This alternative does not meet any of the Project Objectives. This alternative
would realistically only be an interim use of the site. The City and County
General Plan designate the site for development. Development extending north
and west from the City is approaching the proposed project area. Surrounding
areas to the southeast are currently experiencing rapid suburban development.
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,
Rosedafe Ranch Project (GPA/ZC #04·0671)
Final Program Environmental Impact Report
J 20,..'(,Ì\kf0
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30
City of Bakersfield
Findings of Fact
while this alternative is marginally feasible as an interim use, it is not a feasible
long-term alternative, and has therefore been eliminated from consideration.
Alternative 2. No Project/Reasonably Foreseeable
Development Alternative
Under the No-Project Reasonably Foreseeable Development Alternative, the
proposed project would not be constructed. However, according to the
Metropolitan Bakersfield General Plan, incorporating the Western Rosedale
Specific Plan, the project site is planned for development including
approximately 9,800 residential units, approximately 870,000 square feet of
general commercial uses, approximately 19 million square feet of light industrial
uses, and approximately 3.8 million sq. ft. of service industrial uses.
Finding
The City hereby [mds that the No Project! Reasonably Foreseeable Development
Alternative is infeasible. While this alternative meets all of the project
objectives, it is a much denser development than the Proposed Project, and the
market support for that density has not been established at this time. This
alternative does not avoid or substantially lessen any of the significant impacts,
and thus the City has determined that this alternative is not feasible, and has
therefore been eliminated ITom consideration.
Alternative 3. Reduced Development Intensity
Alternative 3 would involve development of the site similar to the project
configuration, but at a reduced density compared to that proposed by the General
Plan Amendment This alternative would involve approximately 4,854
residential units, approximately 2.0 million sq. ft. of commercial uses, and
approximately 2.6 million sq. ft. of industrial uses.
Finding
This alternative meets most of the Project Objectives, but it does not fulfill those
objectives to the same level as the Proposed Project does for the following
reasons: I) since this alternative has approximately 1,500 fewer dwelling units, it
does not help the City to meet it's housing goals to the same extent that the
Proposed Project does, 2) the lower intensity of development overall may not
provide for the same level of achievement of goals for a self-sustained
community, Village Center and mutual support between the residential and other
uses.
Rosedale Ranch Project (GPNZC #04-0671)
Final Program Environmental Impact Report
Because this development does not provide the same intensity 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." As evidenced by the Western Rosedale
SpecifIc Plan adopted by Kern County ten years ago, this property has long been
planned for densities above the traditional norm for much of the City of
Bakersfield and surrounding area. This reduced density would likely not include
the diversity of housing types nor support the recreational community amenities
June~&f!;,~f:1n
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ORJCNAL
31
City of Bakersfield
Findings of Fact
compared to the Proposed Project. Additionally, the lower density alternative is
inconsistent with the anti-sprawl principles of Smart Growth, efficient use of
infrastructure and walkable communities. Thus, the City has detennined that this
alternative is not feasible, and has therefore been eliminated ITom consideration.
Alternative 4. Very Low Density Development Alternative
with Agricultural Preservation
Alternative 4 would involve 3,941 residential units, and approximately 600 acres
of the site to remain under agricultural production. Commercial and industrial
development would be reduced compared to the proposed project to 1.6 million
sq. ft. and 2.1 million sq. ft of commercial and industrial uses, respectively.
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 aclúeve 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.
Similar to alternative 3, the development portion would likely be a typical
development and not include creative strategies. The agricultural component is
not feasible because of the difficulties in continuing to fann with adjacent
development. Furthennore, once the surrounding area develops, it will create
substantial pressure to convert remaining fannland on the site. No group or
agency has indicated a desire to purchase the land in order to continue fanning 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. Thus,
the City has detennined that this alternative is not feasible, and has eliminated it
from consideration.
Alternative 5. High-Density Alternative
Tlús alternative would include development of the site with approximately
22,000 residential units, 2.6 million square feet of commercial, and 3.5 million
square feet of industrial uses.
Finding
This alternative meets all the project objectives. This alternative may not be
feasible from a practical standpoint, since it involves a substantial increase in
development intensity compared to the existing General Plan. More importantly,
this alternative does not avoid or substantially lessen any significant impacts.
Therefore, it is not a reasonable alternative and has been eliminated from
consideration.
June 20~ I.>;\K "J,>
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Rasedale Ranch Project (GPA/ZC #04-0671)
Final Program Environmental Impact Report
32
Exhibit E
Statement of Overriding Considerations
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Statement of Overriding Considerations
Rosedale Ranch Project
GPAlZC No. 04-0671
Pursuant to Section 15093 of the CEQA Guidelines, the City must balance the benefits of the proposed
project against unavoidable environmental risks in determining whether to approve the project.
The proposed project would result in significant unavoidable impacts to agricultural resources, noise, and
transportation/traffic. Findings of Fact have been developed, which provide that mitigation measures
and/or alternatives to the proposed project that would substantially reduce or avoid these significant
impacts are infeasible.
The proposed project offers several 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 mixed-use urban center that would serve as an entertainment and
service center, as well as a gathering place for a wide range of community activities and special
events for future residents of Rosedale Ranch, and a large population of existing and future
residents to the south and east of the proposed project site;
· The project provides a model for a new sustainable, walkable community with its own identity
that incorporates a range of housing types interconnected via pedestrian-oriented parks,
greenbelts, and trails;
· The proposed project includes extensive parks and recreation facilities, exceeding City
requirements;
· The proposed project assists the City in meeting its share of the regional housing need, as
reflected in the Regional Housing Allocation Plan for near-term (five year period) needs, and in
adopted long term forecasts;
· The proposed project provides a fiscally sound mixed-use development that would encourage
mutual support between residential and proposed commercial and industrial areas and that will
continue to support the provision of municipal services throughout the City;
· The proposed project reduces resident and worker automobile dependency by encouraging
pedestrian activity (including providing for safe and efficient pedestrian traffic movement) and
providing opportunities for employment nearby;
· The proposed project contributes to overall protection for sensitive species through the payment
ofMBHCP mitigation fees;
· The proposed project sets aside land for the future West Beltway right-of-way;
· The proposed project will provide shopping, office, entertainment and services for a large area of
northwest Bakersfield, which is designed to relieve some of the traffic pressure for longer
commutes to shopping areas and centers of activity;
· The proposed project is estimated to generate approximately 13,690 jobs at buildout;
Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
:<. ?,Akf0>
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City of Bakersfieid
Statement of Overriding Considerations
· The mix of uses in the proposed project is designed to provide a high job-housing ratio
(approximately 2.13 jobs per housing unit);
· The proposed project implements new development on a site currently planned for development
and consistent with General Plan Goals and Policies, in a phased, orderly manner, coordinated
with the provision of infrastructure and public improvements;
· The proposed project implements a comprehensive road and inffastructure improvement phasing
program that assures adequate capacity for buildout of the planned development while
incorporating attractive streetscape and landscape standards; and
· The proposed project assures adequate provision of inJÌastructure and utilities to serve the
proposed project site and vicinity.
The City hereby frods that the benefits of the proposed project are considered to outweigh the unavoidable
adverse environmental effects to agricultural resources, noise, and transportation/traffic, which are
therefore considered acceptable.
Rosedale Ranch Project (GPAlZC #04-0671)
Final Program Environmental Impact Report
2
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Exhibit F
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