HomeMy WebLinkAboutORD NO 4296
ORDINANCE NO.
~296
AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
PREZONING TO R-1/PUD (ONE FAMILY DWELLING/PLANNED
UNIT DEVELOPMENT) ON 1,630.34 ACRES, TO R-2/PUD
(LIMITED MULTIPLE-FAMILY DWELLING/PLANNED UNIT
DEVELOPMENT) ON 109.53 ACRES, TO C-1
(NEIGHBORHOOD COMMERCIAL) ON 9.66 ACRES, TO C-2
(REGIONAL COMMERCIAL) ON 22.09 ACRES, AND TO C-
2/PCD (REGIONAL COMMERCIAUPLANNED COMMERCIAL
DEVELOPMENT) ON 61.38 ACRES, THOSE CERTAIN
PROPERTIES TO BE ANNEXED INTO THE CITY OF
BAKERSFIELD GENERALLY BOUNDED BY PANAMA LANE
TO THE NORTH, OLD RIVER ROAD TO THE EAST, SOUTH
ALLEN ROAD (UNIMPROVED) TO THE WEST, AND TAFT
HIGHWAY (STATE ROUTE [SR] 119) TO THE SOUTH (ZONE
CHANGE NO. 03-1528), AND APPROVING A DEVELOPMENT
AGREEMENT.
WHEREAS, in accordance with the procedures set forth in the provisions of Title
17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public
hearing on a petition to prezone those certain properties to be annexed into the City of
Bakersfield generally bounded by Panama Lane to the north, Old River Road to the east, South
Allen Road (unimproved) to the west, and Taft Highway (State Route [SR] 119) to the south;
and
WHEREAS, a Development Agreement is also proposed for this project; and
WHEREAS, by Resolution No. 151-05 on October 6,2005, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 03-1528 as delineated on attached Zoning Maps
122-25, 122-36, 123-30, and123-31 marked Exhibit "A" and a Development Agreement shown
in Exhibit "G", by this Council and this Council has fully considered the recommendations made
by the Planning Commission as set forth in that Resolution and restated herein; and
WHEREAS, the Planning Commission, as a result of said hearing, did make
several general and specific findings of fact regarding the environmental impacts of the
proposal and prezoning of the subject property to R-1/PUD (One Family DwellinglPlanned Unit
Development) on 1,630.34 acres, to R-2/PUD (Limited Multiple-Family Dwelling/Planned Unit
Development) on 109.53 acres, to C-1 (Neighborhood Commercial) on 9.66 acres, to C-2
(Regional Commercial) on 22.09 acres, and to C-2/PCD (Regional CommerciallPlanned
Commercial Development) on 61.38 acres, and the Council has considered said findings as
restated herein and all appear to be true and correct; and
WHEREAS, for the above-described project, an Initial Study was conducted and
it was determined that the proposed project would have a significant effect on the environment
and, therefore, an Environmental Impact Report (EIR) for the project was prepared in
accordance with the California Environmental Quality Act (CEQA); and
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WHEREAS, the City Council has considered and concurs with the followinQ,,¿" ~<!;,
findings made by the Planning Commission as set forth in Resolution No. 151-05, adopte<B>n 18
October 6, 2005: VO~I'" <:>
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1.
2.
3.
4.
5.
6.
All required notices have been given.
The provisions of the California Environmental Quality Act have been
followed.
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 and sent to
responsible agencies and property owners within 300 feet of the project
site. An Environmental Impact Report was prepared for this project in
accordance with CEQA.
Attached Exhibit "D" containing the "Statement of Facts, Findings, and
Mitigation Measures" is appropriate and incorporated into the project.
Attached Exhibit "E" containing the "Statement of Overriding
Considerations" related to significant unavoidable impacts to agricultural
resources, noise, and transportationltraffic is appropriate and
incorporated into the project.
That infrastructure exists or can easily be provided to accommodate the
types and intensities of the proposed development.
7.
The public necessity, general welfare and good zoning practice justify the
recommended prezoning to R-1/PUD (One Family DwellinglPlanned Unit
Development) on 1,630.34 acres, to R-2/PUD (Limited Multiple-Family
Dwelling/Planned Unit Development) on 109.53 acres, to C-1
(Neighborhood Commercial) on 9.66 acres, to C-2 (Regional
Commercial) on 22.09 acres, and to C-2/PCD (Regional
Commercial/Planned Commercial Development) on 61.38 acres generally
bounded by Panama Lane to the north, Old River Road to the east, South
Allen Road (unimproved) to the west, and Taft Highway (State Route
[SR] 119) to the south.
8.
The recommended zone change and Development Agreement are
consistent with the Metropolitan Bakersfield General Plan, subject to prior
approval of General Plan Amendment No. 03-1528.
9.
That Zone Change No. 03-1528 is hereby recommended with mitigation
measures adopted in the Final Environmental Impact Report.
10.
That Zone Change No. 03-1528, as outlined above, is hereby
recommended for approval with "Mitigation/Conditions of Approval"
shown on Exhibit "C" and Exhibit "F" subject to prior approval of General
Plan Amendment No. 03-1528.
11.
That the Final Environmental Impact Report for Zone Change No. 03-
1528 is hereby recommended for approval.
12.
That the Development Agreement is hereby recommended for approval
as shown in Exhibit "G".
13.
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The laws and regulations relating to the preparation and adoption of;: ~
EIR's as set forth in CEQA, the State CEQA Guidelines, and the City of: {!.!
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as follows:
Bakersfield CEQA Implementation Procedures, have been duly followed
by city staff and the Planning Commission.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
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. The proposed project is consistent with surrounding uses.
4. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be and the same is hereby amended by prezoning that
certain property to be annexed into the City of Bakersfield, the
boundaries of which property is shown on Zoning Maps 122-25, 122-36,
123-30, and123-31 marked Exhibit "A" attached hereto and made a part
hereof, and are more specifically described in attached Exhibit "B ".
5. Such zone change is hereby made subject to the "Mitigation Monitoring
and Reporting Program" adopted in the Final Environmental Impact
Report as shown in Exhibit "F" and "Mitigation/Conditions of Approval" for
the project as shown in Exhibit "C", subject to approval of GPA No. 03-
1528.
6. Attached Exhibit "D" containing the "Statement of Facts, Findings, and
Mitigation Measures" are appropriate and incorporated into the project.
7. Attached Exhibit "E" containing the "Statement of Overriding
Considerations" related to significant unavoidable impacts to agricultural
resources, air quality (odors), and transportationltraffic are appropriate
and incorporated into the project.
8. The Development Agreement shown in Exhibit "G" is hereby approved.
9. 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.
10. The public necessity, general welfare and good planning practices jus~f'1AK~ú'
the requested zone change, as shown on Exhibit "A." ;:-;:'.
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SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date of its
passage.
---------000---------
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of
the City of Bakersfield at a regular meeting thereof held on nFC 1 4 ?DOS by the
following vote:
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NOES:
ABSTAIN:
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COUCH, CARSON, BENHAM, MAGGARO, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
-t-.1.,\ VI :s,..':-r,--
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cle
Council of the City of Bakersfield
HA VEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ¡J1;w; 711, W~
EXHIBIT A Zoning Maps 122-25, 122-36, 123-30, and123-31
B Zone Change Legal Descriptions
C MitigationlConditions of Approval
D Statement of Facts, Findings, and Mitigation Measures
E Statement of Overriding Considerations
F Mitigation Monitoring and Reporting Program
G Development Agreement
PH - S:\GPA 3rd 2005\03-1528 Old River EIRIResalutianslCC ZC.dac
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Zone Change Legal Descriptions
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Exhibit "A"
Legal Description
Zone Change
Prezoning No. 03-1528
From A to R-1 PUD
Being a portion of Sections 25 and 36, Township 30 South, Range 26 East,
Mount Diablo Base and Meridian, in the county of Kern, State of California,
according to the Official Plat thereof and more particularly described as follows;
Commencing at the Northwest corner of said Section 25, said point of
commencement being the centerline intersection of Allen Road and Panama
Lane and the true point of beginning;
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
South 89°23'48" East along the centerline of said Panama Lane,
2644.71 feet to the North quarter comer of said Section 25;
South 89°24'35" East along the centerline of said Panama Lane,
1796.52 feet to angle point;
South 00°58'27" West, 716.50 feet to an angle point;
South 89°24'35" East, 848.21 feet to a point of intersection with the
centerline of Buena Vista Road;
South 00°58'34" West along the centerline of 1925.16 feet to the
East quarter corner of said Section 25;
South 00°58'46" West along the centerline of said Buena Vista
Road, 2021.25 feet to an angle point;
North 87"16'48" West, 901.04 feetto the beginning of a non-
tangent curve, concave to the Northeast, having a radius of 750.00
feet to which point a radial line bears North 02°43'12" East;
Westerly along said curve trough a central angle of 25°52'41 ", an
arc length of 338.74 feet;
North 61 °24'07" West, 170.00 feet to an angle point;
South 24°40'18" West, 63.91 feet to the beginning of a non-tangent
curve, concave to the Southeast, having a radius of 150.00 feet to
which point a radial line bears South 81°23'00" East;
Southerly along said curve through a central angle of 08°23'02", an
arc length of 21.95 feet;
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Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
South 00°13'58" West, 430.19 to an angle point;
South 89°46'02" East, 76.35 feet to an angle point;
South 00°39'20" West, 309.36 feet to an angle point;
South 89°24'46" East, 346.50 feet to a point of intersection with the
centerline of McCutchen Road and the beginning of a non-tangent
curve, concave to the Southwest, having a radius of 2000.00 feet to
which point a radial line bears South 00°39'20" West;
Easterty along said curve through a central angle of 08°32'01", an
arc length of 297.88 feet;
South 80°48'40" East along the centerline of McCutchen Road,
400.00 feet to the beginning of a non-tangent curve, concave to the
Northeast, having a radius of 2000.00 feet to which point a radial
line bears North 09° 11 '20" East;
Easterly along said curve through a central angle of 08°03'26", an
arc length of 281.25 feet to a point of intersection with the
centertine of said Buena Vista Road;
South 00°54'52" West along the centerline of said Buena Vista
Road, 374.61 feet to the beginning of a non-tangent curve, concave
to the Northeast, having a radius of 2370.00 feet to which point a
radial line bears North 01 °05'55" East;
Westerly along said curve through a central angle of 10°57'26" an
arc length of 453.24 feet to an angle point;
North 77°56'37" West, 199.44 feet to the beginning of a non-
tangent curve, concave to the Southwest, having a radius of
1645.00 feet to which point a radial line bears South 12°03'21"
West;
Westerly along said curve through a central angle of 11 °24'01", an
arc length of 327.31 feet to an angle point;
North 89°20'40" West, 87.85 feet to an angle point;
South 02°11'31" West, 657.87 feetto an angle point;;
South 17°36'37" East, 53.50 feet to an angle point;
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Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
South 28°26'15" East, 261.80 feet to an angle point;
North 89°59'38" East, 694.10 feet to the beginning of a non-tangent
curve, concave to the Northwest, having a radius of 15.00 feet to
which point a radial line bears North 00°00'00" West;
Easterly along said curve through a central angle of 44°24'55", an
arc length of 11.63 feet to the beginning of a non-tangent curve,
concave to the South, having a radius of 48.00 feet to which point a
radial line bears South 44°24'55" East;
Easterly along said curve through a central angle of 74°00'26", an
arc length of 62.00 feet to the beginning of a non-tangent curve,
concave to the Northeast, having a radius of 90.00 feet to which
point a radial line bears North 29°35'31" East;
Easterly along said curve through a central angle of 29°35'31", an
arc length of 46.48 feet to an angle point;
South 90°00'00" East, 122.29 feet to a point of intersection with the
centerline of said Buena Vista Road;
South 00°54'52" West along the centerline of said Buena Vista
Road, 1349.97 feet to the East quarter corner of said Section 36;
South 00°55'03" West along the centerline of said Buena Vista
Road, 2463.70 feet to an angle point;
North 89°24'46" West, 30.84 feet to an angle point;
South 00°35'14" West, 46.00 feet to an angle point;
South 45°14'44" West, 71.14 feet to an angle point;
North 89°50'30" West, 932.38 to an angle point;
South 00°09'30" West, 50.00 feet to a point of intersection with the
centerline of Taft Highway;
North 89°50'30" West along the centerline of Taft Highway, 2883.21
feet to an angle point;
North 00°29'00" East, 47.28 feet to an angle point;
North 40°03'16" West, 2039.50 feet to an angle point;
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Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
North 00°55'36" East, 55.00 feet to a point of intersection with the
centerline of Allen Road;
North 00°55'36" East along the centerline of Allen Road, 2399.73
feet to an angle point;
South 89°03'27" East, 373.15 to an angle point;
North 53°22'26" East, 16.40 feet to an angle point;
South 89°03'27" East, 60.00 feet to an angle point;
South 00°56'33" West, 98.71 feet to an angle point;
North 81°41'31" East, 52.89 feet to an angle point;
North 73°33'03" East, 52.05 feet to an angle point;
North 66°15'11" East, 31.47 feet to an angle point;
North 74°33'03" East, 37.73 feet to an angle point;
South 89°26'32" East, 69.02 feet to an angle point;
South 89°03'27" East, 645.92 feet to an angle point;
North 00°39'20" East, 533.36 feet to an angle point;
North 89°20'40" West, 120.00 feet to an angle point;
North 00°39'20" East, 305.00 feet to an angle point;
South 89°20'40" East, 80.49 feet to an angle point;
North 00°39'20" East, 491.27 feet to a point of intersection with the
centerline of said McCutchen Road;
North 89°23'36" West along the centerline of said McCutchen
Road, 1281.80 feet to a point of intersection with the centerline of
said Allen Road and the Southwest corner of said Section 25;
North 00°56'58" East along the centerline of said Allen Road,
2385.40 feet to the West quarter corner of said Section 25;
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Thence
Continuing North 00"56'58" East along the centerline of said Allen
Road, 2896.28 feet to a point of intersection with the centerline of
Panama Lane and the true point of beginning.
EXCEPTING THEREFROM:
A portion of Sections 25 and 36, Township 30 South, Range 26 East, Mount
Diablo Base and Meridian, in the County of Kern, State of California, according to
the Official Plat thereof and more particularly described as follows:
Parcel A:
Contains 2.95 Acres
Commencing at the Northwest corner of said Section 25, said point of
commencement being the centerline intersection of Panama Lane and Allen
Road; thence South 89"23'48" East along the centerline of Panama Lane,
2129.15 feet; thence South 00"36'12" West, 1955.77feet to the true point of
beginning;
Thence
Thence
Thence
Thence
South 43"44'00" East, 391.00 feet to an angle point;
South 45"40'53" West, 330.02 feet to an angle point;
North 43"44'00" West, 391.00 feet to an angle point;
North 46"16'00" East, 330.00 feet to the true point of beginning.
Parcel B:
Contains 3.14 Acres
Commencing at the Southwest corner of said Section 36, said point of
commencement being the centerline intersection of Taft Highway and Allen
Road; thence South 89"50'30" East along the centerline of Taft highway, 2065.81
feet; thence North 00"09'30" East, 1418.05 feet to the true point of beginnin .
Thence
Thence
Thence
Thence
Thence
North 44"31'31" West, 417.43 feet to an angle point;
North 45"28'29" East, 318.00 feet to an angle point;
South 44"31'31" East, 431.70 feet to an angle point;
South 45"28'29" West, 269.97 feet to an angle point;
South 62"00'59" West, 50.11 feet to the true point of beginning.
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SEC 25
T. 30 S., R. 26 E.
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NOT A PART
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Taft Highway
NOTES:
1. SEE SHffi 3 FOR DETAIL INFRONATION.
2. SEE SHffi 4 FOR UNE/CURVE/RADIAl TABlE INFRONATION.
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1. SEE SHffi 3 FOR DETAIL INFROMA11ON.
2. SEE SHffi 4 FOR UNE/CURVE/RADIAL TABLE INFROMATION.
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EXHIBIT "8-
NUMBER DELTA TANGENT RADIUS LENGTH
C1 25'52' 41" 172,31 750.00 338.74
C2 08·23'02" 10.99 150.00 21.95 NUMBER DIRECTION DISTANCE
C3 08"32'01" 149.21 2000.00 297.88 R1 N 0743'12" E 750.00
C4 08"03'26" 140.86 2000.00 281.25 R2 S 8 r23'00" E 150.00
R3 S 00"39'20" W 2000.00
C5 10"57'26" 227.31 2370.00 453.24 R4 N 09'11'20" E 2000.00
C6 11"24'01" 164.20 1645.00 327.31 R5 N Or05'55" E 2370.00
C7 44'24'55" 6.12 15.00 11.63 R6 S 12'03'21" W 1645.00
74'00'26" R7 N 00"00'00" W 15.00
C8 36.18 48.00 62.00 R8 S 44'24'55" E 48.00
C9 29·35'31 " 23.77 90.00 46.48 R9 N 29'35'31" E 90.00
NUMBER DIRECTION DISTANCE NUMBER DIRECTION DISTANCE
L1 S 89·23'48" E 2644.71 L32 N 40"03' 16" W 2039.50
L2 S 89·24'35" E 1796.52 L33 N 89·04'33" W 55.00
L3 S 00"58'27" W 716.50 L34 N 00·55'36" E 2399,73
L4 S 89'24'35" E 848.21 L35 S 89'03'27" E 373.15
L5 S 00'58'34" W 1925.16 L36 N 53"22'26" E 16.40
L6 S 00'58'46" W 2021.25 L37 S 89·03'27" E 60.00
L7 N 8716'48" W 901.04 L38 S 00·56'33" W 98.71
L8 N 6r24'07" W 170.00 L39 N 8r41'31- E 52.89
L9 S 24'40'18" W 63,91 L40 N 73·05'38- E 52.05
L10 S 00'13'58" W 430.19 L41 N 66'15'11" E 31.47
L11 S 89'46'02" E 76.35 L42 N 74'33'03" E 37.73
L12 S 00"39'20" W 309.36 L43 S 89'26'32" E 69.02
L13 S 89'24'46" E 346.50 L44 S 89'03'27" E 645.92
L14 S 80"48'40" E 400.00 L45 N 00"39'20" E 533,36
L15 S 00"54'52" W 374.61 L46 N 89·20'40" W 120.00
L16 N 7756'39" W 199.44 L47 N 00·39'20" E 305.00
L17 N 89'20'40" W 87,85 L48 S 89'20'40" E 80.49
L18 S 0711'31" W 657.87 L49 N 00·39'20" E 491.27
L19 S 1736'37" E 53.50 L50 N 89'23'36" W 1281.80
L20 S 28'26' 15" E 261.80 L51 N 00"56'58" E 2385.40
L21 N 89'59'38" E 694.10 L52 N 00"56'58" E 2896.28
L22 S 90"00'00" E 122.29 L53 S 43'44'00" E 387.63
L23 S 00'54'52" W 1349.97 L54 S 45'40'53" W 330.02
L24 S 00'55'03" W 2463.70 L55 N 43'44'00" W 391.00
L25 N 89·24'46" W 30.84 L56 N 46·16'00" E 330.00
L26 S 00·35'14" W 46.00 L57 N 44'31'31" W 417.43
L27 S 45·14'44" W 71.14 L58 N 45'28'29" E 318.00
L28 N 89'50'30" W 932.38 L59 S 44·31'31" E 431.70
L29 S 00"09'30" W 50.00 L60 S 45'28'29" W 269.97
L30 N 89·50'30" W 2883,21 L61 S 6700'59" W 50.11 X '6l\kf'»
L31 N 00·29'00" E 47.28 <:> .¿;,
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Exhibit "A"
Legal Description
Zone-Change
Prezoning No. 03-1528
From A to R-1 PUD
Being a portion of Sections 30 and 31, Township 30 South, Range 27 East,
Mount Diablo Base and Meridian, in the County of Kern, State of California,
according to the Official Plat thereof and more particularly described as follows;
Commencing at the West quarter corner of said Section 30; thence South
89°08'46" East along the EastJWest mid-section line of said Section 30, 1284.61
feet to the Northwest corner of Parcel 1 of Parcel Map No. 10155 recorded
January 23, 1998 in book 49 of Parcel Maps at Page 83, said Northwest corner
being the true point of beginning;
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
South 89°08'46" East along the North line of said Parcel Map
10155, 1859.39 feet to the Northeast corner of said Parcel Map;
South 89°08'46" East along the EastJWest mid-section line of said
Section 30, 1320.44 feet;
South 89°08'46" East along the EastJWest mid-section line of said
Section 30, 1011.16 feet to a point of intersection with the
centerline of Old River Road and the East quarter corner of said
Section 30;
South 00°33'50" West along the centerline of said Old River Road,
2387.52 feet;
North 89°10'49" West, 150.00 feet;
South 00°33'50" West, 250.00 feet;
South 89°10'49" East, 150.00 feet to a point of intersection with the
centerline of Old River Road, the Southeast corner of said Section
30 and the Northeast corner of said Section 31;
South 00°27'28" West along the centerline of Old River Road,
2639.64 feet to the West quarter corner of said Section 31;
North 89°10'11" West, 1322.53 feet;
North 00°23'30" East, 1319.68 feet;
R1_B_LEGALdoc
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Thence North 89°10'34" West; 1324.06 feet;
Thence North 00°19'32" East, 1164.88 feet to a point of intersection with
the centerline of McCutchen Road;
Thence South 88°52'25" East along the centerline of said McCutchen Road,
182.00 feet;
Thence North 01 °07'35" East along the centerline of said McCutchen Road,
155.74 feet;
Thence South 89°10'49" East along the centerline of said McCutchen Road,
134.35 feet to a point of intersection with the East line of Parcel 2 of
said Parcel Map No. 10155;
Thence North 00°36'25" East along the East line of said Parcel 2, 1406.82
feet to the Northeast corner of said Parcel 2;
Thence North 89°05'46" West along the North line of said Parcel 2, 891.28
feet to the Northwest corner of said Parcel 2;
Thence South 00°38'34" West along the West line of said Parcel 2, 1529.81
feet to the Southwest corner of said Parcel 2;
Thence North 88°52'25" West along the South line of said Parcel 1 of
Parcel Map NO.1 0155, 979.37 feet to the Southwest corner of said
Parcel 1;
Thence North 00°50'27" East along the West line of said Parcel 1 , 2756.44
feet to the true point of beginning.
Contains: 346.98 Acres
R1_B_LEGAL.doc
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PARCEl.. 1
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LINE TABLE
NUMBER DIRECTION DISTANCE NUMBER DIRECTION DISTANCE
U S 89'08' 46' E 1859.39 U2 N 00'19'32' E 1164,88
L2 S 89'08'46' E 1320.44 U3 S 88'52'25' E 182.00
L3 S 89'08'46' E 1011.16 U4 N 01'07'35' E 155,74
L4 S 00'33'50' 'vi 2387,52 US S 89'10'49' E 134.35
L5 N 89'10'49' 'vi 150,00 U6 N 00'36'25' E 1406,82
L6 S 00'33'50' 'vi 250,00 U7 N 89'05'46' 'vi 891.28
L7 S 89'10'49' E 150,00 U8 S 00'38'34' 'vi 1529,81
L8 S 00'27'28' 'vi 2639,64 U9 N 88'52'25' 'vi 979,37
L9 N 89'10'11' 'vi 1322,53 L20 N 00'50'27' E 2756.44
UO N 00'23'30' E 1319,68 L21 S 89'08'46' E 1284,61
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Exhibit "An
Legal Description
Zone-Change
Prezoning No. 03-1528
From A to R-1 PUD
Being a portion of the South half of Section 31, Township 30 South, Range 27 East,
Mount Diablo Base and Meridian, in the County of Kern, State of California,
according to the Official Plat thereof and more particularly described as follows:
Commencing from the East quarter corner of said Section 31; thence South
00°27'02" West along the centerline of Old River Road, 1320.04 feet to the true point
of beginning;
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
South 00°27'26" West along the centerline of said Old River Road,
578.76 feet;
North 89°32'46" West, 899.98 feet to an angle point;
South 00°50'35" West, 735.22 feet to a point of intersection with the
South line of said Section 31 and the centerline ofTaft Highway;
North 89°09'42" West along the centerline of Taft Highway, 1734.33
feet to an angle point;
North 00°19'54" East, 1320.47 feet to an angle point;
North 89°09'10" West, 1320.05 feet to an angle point;
North 00°19'54" East, 660.03 feet to an angle point;
South 89°08'04" East, 1320.06 feet to an angle point;
North 00°19'54" East, 261.69 feet to an angle point;
South 89°30'32" East, 390.08 feet to an angle point;
North 00°29'28" East, 395.90 feet to an angle point;
South 89°09'48" East, 928.86 feet to an angle point;
South 00°19'54" West, 1322.13 feet to an angle point;
South 89°09' 10" East; 1332.13 feet to a point of intersection with the
centerline of Old River Road, said point of intersection being the true
point of beginning.
Contains: 121.16 Acres
R1_C_LEGAL.doc
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NUMBER
L1
L2
L3
L4
L5
L6
L7
L8
DIRECTION
S 00·27'26" W
N 89'32'46" W
S 00·50'35" W
N 89'09'42" W
N 00'19'54" E
N 89'09' 1 0" W
N 00'19'54" E
S 89'08'04" E
DISTANCE
578.76
899.98
735.22
1734.33
1320.47
1320.05
660.03
1320.06
NUMBER
L9
L10
L11
L12
L13
L14
L15
DIRECTION
N 00'19'54" E
S 89'30'32" E
N 00·29'28" E
S 89·09'48" E
S 00'19'54" W
S 89·09' 1 0" E
S 00'27'02" W
L4
DISTANCE
261.69
390.08
395.90
928.86
1319.81
1322.13
1320.04
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Exhibit "An
Legal Description
Zone-Change
Prezoning No. 03-1528
From A to R-1 PUD
Being a portion of the North half of Section 31, Township 30 South, Range 27
East, Mount Diablo Base and Meridian, in the County of Kern, State of California,
according to the Official Plat thereof and more particularly described as follows:
Commencing at the Northwest corner of said Section 31; thence South 01 °14'38"
West along the centerline of Buena Vista Road, 103.20 feet to a point of
intersection with the centerline of McCutchen Road; thence South 88°52'03" East
along the centerline of said McCutchen Road, 1451.31 feet to the Northwest
corner of Lot 4 of the "Sales Map of Lands of the Kern County Land Company"
filed in the office of the county recorder of said county on August 18, 1892;
thence South 01 °07'57" West along the East line of said Lot 4 of said "Sales Map
of Lands of the Kern County Land Company", 706.85 feet to the true point of
beginning;
Thence South 01 °07'57" West, 494.10 feet to the Southeast corner of said
Lot 5;
Thence North 89°10'34" West, 513.19 feet to an angle point;
Thence North 00°50'12" East, 494.21 feet to an angle point;
Thence South 89°09'48" East, 515.74 feet to the true point of beginning.
Contains: 5.83 Acres
R1_D_LEGAL.doc
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Exhibit "A"
Legal Description
Zone-Change
Prezoning No. 03-1528
From A to R-2/PUD
Being a portion of the Northwest quarter of Section 30, Township 30 South,
Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of
California, according to the Official Plat thereof and more particularly described
as follows:
Commencing at the Northwest corner of said Section 30, thence South 01 "14'31"
West along the centerline of Buena Vista Road, 103.57 feet to a point of
intersection with the centerline of McCutchen Road, thence South 88"52'03" East
along the centerline of said McCutchen Road, 1541.31 feet to the true point of
beginning;
Thence South 88"52'03" East, 1204.28 feet to an angle point;
Thence North 89"48'46" East, 92.13 feet to an angle point;
Thence South 00"00'00" East, 1196.43 feet to an angle point;
Thence South 00"19'54" West, 660.03 feet to an angle point;
Thence North 89"09'48" West, 1320.05 feet to an angle point;
Thence North 00"19'54" East, 660.03 feet to an angle point;
Thence North 01 "07'57" East, 1200.89 feet to a point of intersection with
the centerline of McCutchen Road and the true point of beginning.
Contains: 55.97S.F.
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Exhibit "A"
Legal Description
Zone Change
Prezoning No. 03-1528
From A to R-2/PUD
Being a portion of the Northwest quarter of Section 36, Township 30 South,
Range 26 East, Mount Diablo Base and Meridian, in the County of Kern, State of
California, according to the Official Plat thereof and more particularly described
as follows:
Commencing at the Northwest corner on said Section 36, said point of
commencement being the centerline intersection of McCutchen Road and Allen
Road; thence South 89°20'40" East along the centerline of said McCutchen
Road, 745.05 to the true point of beginning;
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
South 89°20'40" East along the centerline of said McCutchen Road,
526.10 feet to an angle point;
South 00°39'20" West, 490.00 feet to an angle point;
North 89°20'40" West, 80.49 feet to an angle point;
South 00°39'20" West, 305.00 feet to an angle point;
South 89°20'40" East, 120.00 feet to an angle point;
South 00°39'20" West, 533.36 feet to an angle point;
North 89°05'41" West, 714.94 feet to an angle point;
South 74°33'03" West, 37.73 feet to an angle point;
South 66° 15' 11" West, 31.47 feet to an angle point;
South 73°05'38" West, 52.05 feet to an angle point;
South 81°41'31" West, 52.89 feet to an angle point;
North 00°56'33" East, 98.71 feet to an angle point;
North 89°03'27" West, 60.00 feet to an angle point;
South 53'22'26" West, 16.40 feet to an angle point;
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Thence North 89°03'27 West, 373.15 feet to a point of intersection with the
centerline of Allen Road;
Thence North 00°55'42" East along the centerline of said Allen Road,
545.33 feet to an angle point;
Thence North 90°00'00" East 757.59 feet to an angle point;
Thence North 00°00'00" East, 727.77 feet to the true point of beginning.
Contains: 26.06 Acres
R2_1_LEGALdoc
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S 89·20'40" E
745.05
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NUMBER DIRECTION DISTANCE
L1 S 89·20'40" E 536.10
L2 S 00·39'20" W 490.00
L3 N 89'20'40" W 80.49 ql
L4 S 00·39'20" W 305.00 !'
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L5 S 89'20'40" E 120.00 (,\
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L6 S 00'39'20" W 533.36
L7 N 89·05'41" W 714.94
L8 S 74'33'03" W 37.73
L9 S 66·15'11" W 31.47
L10 S 73·05'38" W 52.05
L11 S 81"41'31" W 52.89
L12 N 00'56'33" E 98.71
L13 N 89'03'27" W 60.00
L14 S 53'22'26" W 16.40
L15 N 89·03'27" W 373.15
L16 N 00'55'42" E 545.33
L17 N 90'00'00" E 757.59
U8 N 00'00'00" E 727.77
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Exhibit "A"
Legal Description
Zone Change
Prezoning No. 03-1528
From A to R-2IPUD
Being a portion of the Southwest quarter of Section 36, Township 30 South,
Range 26 East, Mount Diablo Base and Meridian, in the County of Kern, State of
California, according to the Official Plat thereof and more particularly described
as follows:
Commencing at the Southwest corner of said Section 36, said point of
commencement being the centerline intersection of Allen Road and Taft Highway
and the true point of beginning;
Thence North 00°54'32" East along the centerline of said Allen Road,
1605.63 feet to an angle point;
Thence South 89°04'33" East, 55.50 feet to an angle point;
Thence South 40°03'16" East, 2039.50 feet to an angle point;
Thence South 00°29'00" West, 47.28 feet to a point of intersection with the
center line of said Taft Highway;
Thence North 89°50'30" West along the centerline of said Taft Highway,
1393.02 feet to a point of intersection with the centerline of Allen
Road and the true point of beginning.
Contains: 27.57 Acres
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L1
L2
L3
L4
L5
DIRECTION
N 00·54'32" E
S 89'04'33" E
S 40'03'16" E
S 00·29'00" W
N 89'50'30" W
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DISTANCE
1605.63
55.50
2039.50
47.28
1393.02
SEC 36
30 S., R. 26 E.
M.D.M.
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Exhibit "An
Legal Description
Zone Change
Prezonin9 No. 03-1528
From A to C-1
Being a portion of Section 25, Township 30 South, Range 26 East, Mount Diablo
Base and Meridian, in the County of Kern, State of California, according to the
Official Plat thereof and more particularly described as follows:
Commencing at the Northwest corner of said Section 25, said point of
commencement being the centerline intersection of Panama Lane and Allen
Road; thence South 89°23'48" East along the centerline of said Panama Lane,
2129.15 feet; thence South 00°36'12" West, 1955.77 feet to the true point of
beginning;
Thence South 43°44'00" East; 387.63 feet to an angle point;
Thence South 45°40'53" West, 330.02 feet to an angle point;
Thence North 43°44'00" West, 391.00 feet to an angle point;
Thence North 46°16'00" East, 330.00 feet to the true point of beginning
Contains: 2.95 Acres
C_A_LEGALdoc
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L1
L2
L3
L4
DIRECTION
S 43'44'00' E
S 45'40'53' 'vi
N 43'44'00' 'vi
N 46'16'00' E
DIST ANCE
387,63
330,02
391.00
330,00
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Exhibit "A"
Legal Description
Zone Change
Prezoning No. 03-1528
From A to C-1
Being a portion of Section 36, Township 30 South, Range 26 East, Mount Diablo
Base and Meridian, in the County of Kern, State of California, according to the
Official Plat thereof and more particularly described as follows:
Commencing at the Southwest corner of said Section 36, said point of
commencement being the centerline intersection of Taft Highway and Allen
Road; thence South 89°50'30" East along the centerline of Taft Highway,
2065.81 feet; thence North 00°09'30" East, 1418.05 feet to the true point of
beginning;
Thence North 44°31'31" West, 417.43 feet to an angle point;
Thence North 45°28'29" East, 318.00 feet to an angle point;
Thence South 44°31'31" East, 431.70 feet to an angle point;
Thence South 45°28'29" West, 269.97 feet to an angle point;
Thence South 62°00'59" West, 50.11 feet to the true point of beginning.
Contains: 3.14 Acres
C_B_LEGAL.doc
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LINE TABLE
NUMBER DIRECTION
L1 N 44'31'31" W
L2 N 45'28'29" E
L3 5 44·31 '31" E
L4 5 45·28'29" W
L5 5 62·00'59" W
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417.43
318.00
431.70
269.97
50.11
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Exhibit" A"
Legal Description
Zone Change
Prezoning No. 03-1528
From A to C-2
Being a portion of Sections 25 and 36, Township 30 South, Range 26 East,
Mount Diablo Base and Meridian, in the County of Kern, State of California,
according to the Official Plat thereof and more particularly described as follows:
Commencing at the Southeast corner of said Section 25; thence South 01 °14'38"
West along the centerline of Buena Vista Road, 103.57 feet to a point of
intersection with the centerline of McCutchen Road, said point of intersection
being the beginning of a non-tangent curve, concave to the Northeast, having a
radius of 2000.00 feet to which point a radial line bears North 01 °09'00" East,
said point of intersection being the true point of beginning;
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Westerly along said curve and the centerline of said McCutchen
Road through a central angle of 08°02'21", an arc length of 280.62
feet to an angle point;
North 80°48'40" West along the centerline of McCutchen Road,
400.00 feet to the beginning of a curve, concave to the Southwest,
having a radius of 2000.00 feet to which point a radial line bears
South 09° 11 '20" West;
Westerly along said curve and the centerline of McCutchen Road
through a central angle of 08°32'01", an arc length of 297.88 feet to
an angle point;
North 89°20'40" West along the centerline of McCutchen Road,
346.51 feet to an angle point;
North 00°39'20" East, 313.56 feet to an angle point;
North 89°46'02" West, 76.35 feet to an angle point;
North 00°13'58" East, 430.19 feet to the beginning of a non-tangent
curve, concave to the Southeast, having a radius of 150.00 feet to
which point a radial line bears South 89°46'02" East;
Northerly along said curve through a central angle of 08°23'02", an
arc length of 21.95 feet;
North 24°40'18" East, 63.91 feet to an angle point;
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Thence South 61 °24'07" East, 170.00 feet to the beginning of a non-tangent
curve, concave to the Northeast, having a radius of 750.00 feet to
which point a radial line bears North 28°35'53" East;
Thence Easterly along said curve through a central angle of 08°02'21", an
arc length of 338.74 feet;
Thence South 87"16'48" East, 901.04 feet to a point of intersection with the
centerline of Buena Vista Road;
Thence South 01 °01 '07" West along the centerline of said Buena Vista
Road, 727.95 feet to the true point of beginning.
Contains: 22.08 Acres
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SEC 25
T. 30 S., R. 26 E.
M.D.M.
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NUMBER DIRECTION
Rl N 01'08'59' E
R2 S 09'11'20' 'vi
R3 S 89'46'02' E
R4 N 28'35'53' E
NUMBER
L1
L2
L3
L4
L5
L6
L7
L8
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DIRECTION
N 80'48'40' 'vi
N 89'20'40' 'vi
N 00'39'20' E
N 89'46'02' 'vi
N 00'13'58' E
N 24'40'18' E
S 61'24'07' E
S 87'16'48' E
S 01'01'07' 'vi
DIST ANCE
2000,00
2000,00
150,00
750,00
DISTANCE
400,00
346,51
313,56
76,35
430.19
63.91
170,00
901.04
727,95
L8
4
L2
CURVE TABLE
NUMBER DELTA
C1 08'02'21'
C2 08'32'01'
C3 08'23'02'
C4 25'52'41'
TANGENT
140,54
149,21
10,99
172,31
RADIUS
2000,00
2000,00
150,00
750,00
LENGTH
280,62
297,88
21.95
338.74
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Exhibit "An
Legal Description
Zone Change
Prezoning No. 03-1528
From A to C-2/PCD
Being a portion of the North half of Section 31, Township 30 South, Range 27
East, Mount Diablo Base and Meridian, in the County of Kern, State of California,
according to the Official Plat thereof and more particularly described as follows:
Cornmencing at the Northwest corner of said Section 31; thence South 01 °14'38"
West along the centerline of Buena Vista Road, 103.57 feet to a point of
intersection with the centerline of McCutchen Road, said point of intersection
being the true point of beginning;
Thence South 88°52'03" East along the centerline of said McCutchen Road,
1541.31 feet to an angle point;
Thence South 01 °07'57" West, 706.85 feet to an angle point;
Thence North 89°09'48" West, 526.55 feet to an angle point;
Thence South 00°50'12" West, 494.21 feet to an angle point;
Thence North 89°09'48" West, 1012.73 feet to a point of intersection with
the centerline of said Buena Vista Road;
Thence North 00°53'10" East along the centerline of said Buena Vista
Road, 1209.02 feet to a point of intersection with the centerline of
said McCutchen Road, said point of intersection being the true
point of beginning.
Contains: 36.62 Acres
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S 88·52'03" E
S 01'07'57" w
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Exhibit "A"
Legal Description
Zone Change
Prezoning No. 03-1528
From A to C-2/PCD
Being a portion of the Northwest quarter of Section 36, Township 30 South,
Range 26 East, Mount Diablo Base and Meridian, in the County of Kern, State of
California, according to the Official Plat thereof and more particularly described
as follows:
Commencing at the Northwest corner of said Section 36, said corner being the
centerline intersection of McCutchen Road and Allen Road and said point of
commencement being the true point of beginning;
Thence South 89°20'40" East along the centerline of said McCutchen Road,
745.05 feet to an angle point;
Thence South 00°00'00" East, 727.77 feet to an angle point;
Thence South 90°00'00" West, 757.12 feet to a point of intersection with the
centerline of said Allen Road,
Thence North 00°56'33" East along the centerline of said Allen Road,
736.39 feet to the Northwest corner of said Section 36 and the true
point of beginning.
Contains: 12.62 Acres
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Exhibit "An
Legal Description
Zone Change
Prezoning No. 03-1528
From A to C-2/PCD
Being a portion of the Southeast quarter of Section 31, Township 30 South,
Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of
California, according to the Official Plat thereof and more particularly described
as follows:
Commencing at the Southeast corner of said Section 31, said point of
commencement being the centerline intersection of Taft Highway and Old River
Road; thence North 89°08'56" West along the centerline of said Taft Highway,
275.01 feet to the true point of beginning;
Thence North 89°08'36" West along the centerline of said Taft Highway,
629.95 feet to an angle point;
Thence North 00°50'35" East, 735.02 feet to an angle point;
Thence South 89°32'46" East, 899.94 feet to a point of intersection with the
centerline of said Old River Road;
Thence South 00°26'49" West along the centerline of said Old River Road,
241.26 feet to an angle point;
Thence North 89°09'42" West, 275.01 feet to an angle point;
Thence South 00°27'26" West, 500.01 feet to a point of intersection with the
centerline of said Taft Highway and the true point of beginning.
Contains: 12.14 Acres
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Exhibit "A"
Legal Description
Zone Change
Prezonin9 No. 03-1528
From A to C-1
Being a portion of the Southeast quarter of Section 31, Township 30 South,
Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of
California, according to the Official Plat thereof and more particularty described
as follows:
Commencing at the center of said Section 31, said point of commencement
being the true point of beginning;
Thence South 89°07'16" East along the East-West midsection line of said
Section 31, 391.19 feet to an angle point;
Thence South 00°29'28" West, 395.90 feet to an angle point;
Thence North 89°30'30 West, 390.08 feet to a point of intersection with the
North-South midsection line of said Section 31;
Thence North 00°19'55" East along the North-South midsection line of said
Section 31, 397.55 feet to the center of said Section 31 and the true
point of beginning.
Contains: 3.56 Acres
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S 00'29'28' 'vi
N 89'30'32' 'vi
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DIST ANCE
391.19
395,90
390,08
398,55
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EXHIBIT C
MITIGATION I CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT I ZONE CHANGE 03-1528
MITIGATION MEASURES:
Aesthetics
1. During the installation of lighting standards, luminaries shall be provided with
filtering louvers and hoods to minimize spill light to adjacent properties.
Aariculture
2. Upon cancellation of the Williamson Act contracts, the applicant shall pay a fee of
12.5% of the full-assessed value of the parcels for cancellation of Williamson Act
contracts. This fee, when collected, shall be transmitted by the County Treasurer
to the State Controller.
3. Prior to occupancy of any residential units, if any adjoining properties are still in
agricultural use and have not received entitlements for development, then prior to
issuance of certificates of use and occupancy, the applicant will demonstrate that
future residents will be informed about adjacent agricultural use. This
demonstration shall take the form of a covenant filed on the project site (which
would be disclosed to future residents through the purchase process). The
covenant will provide that each resident acknowledges that he/she is moving into
an area where there is active agriculture, and understands that such agricultural
use, including all activities necessary to support agriculture-such as pesticide
use, dust generated by plowing, and slow-moving agricultural vehicles-will
continue.
Air Quality
4. The project applicant shall comply with SJVAPCD Regulation VIII and implement
additional construction vehicle emissions reduction measures. To control the
generation of construction-related PM10 fugitive dust and exhaust emissions, the
project applicant shall comply with SJVAPCD Regulation VIII and the measures
summarized below.
SJVAPCD Regulation VI/I 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
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Mitigation / Conditions of Approval
GPA/ZC 03-1528
emissions using water, chemical stabilizer/suppressant, covered with a tarp or
other suitable cover or vegetative ground cover.
· All onsite unpaved roads and offsite unpaved access roads shall be
effectively stabilized of dust emissions using water or chemical
stabilizer/suppressant.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut
and fill, and demolition activities shall be effectively controlled of fugitive dust
emissions utilizing application of water or by presoaking.
· With the demolition of buildings up to 6 stories in height, all exterior surfaces
of the building shall be wetted during demolition.
· When materials are transported off site, all material shall be covered, or
effectively wetted to limit visible dust emissions, and at least 6 inches of
freeboard space from the top of the container shall be maintained.
· All operations shall limit or expeditiously remove the accumulation of mud or
dirt from adjacent public streets at the end of each workday. (The use of dry
rotary brushes is expressly prohibited except where preceded or
accompanied by sufficient wetting to limit the visible dust emissions. Use of
blower devices is expressly forbidden.)
· Following the addition of materials to, or the removal of materials from, the
surface of outdoor storage piles, said piles shall be effectively stabilized of
fugitive dust emissions utilizing sufficient water or chernical
stabilizerlsuppressant.
· Within urban areas, trackout shall be immediately removed when it extends
50 or more feet from the site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
Page 2 of 24
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
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.
5. The URBEMIS2002 model identifies several measures that can be used to
minimize emissions associated with residential projects. These measures that
are included as part of operations of the proposed project include:
· Increase energy efficiency measures in all buildings to ensure that they are
10% more efficient that the energy requirements established by California
Title 24.
· Ensure that 50% of all landscape maintenance equipment used in commercial
applications is electrically powered.
6.
Prior to the issuance of the first building permit, the project applicant shall enter
into an agreement with the SJVAPCD for the mitigation of NOx, ROG, and PM10
such that the net increase in regional emissions of these pollutants will be zero.
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Exhibit C
Mitigation I Conditions of Approval
GPNZC 03-1528
This agreement may include, but is not limited to, the payment of fees to the
district, for the purpose of offsetting project emissions. Examples of such a
program would be the purchase of new diesel engines for heavy-duty trucks and
agricultural equipment, retrofitting diesel engines with controls (e.g., oxidation
catalyst, diesel particulate filter), and conversion of city-owned vehicles from
gasoline and diesel to compressed natural gas engines. This emissions offset
program would be coordinated with and approved by the SJVAPCD and based
on estimates of achievable emissions reductions. This offset program would
reduce emissions in sufficient quantities such that the net increase in regional
emissions would be zero. With implementation of this mitigation, the impact
would be reduced to no impact.
7. The project applicant shall enter into an agreement with the SJVAPCD in which
the applicant will pay a fee to the SJVAPCD to be used to offset the project's
average annual construction emissions. The emissions to be offset include 15.5
tons per year ROG, 25.5 tons per year NOx, and 10.2 tons per year PM10.
Implementation of this condition will reduce construction air pollutant impacts to
zero.
8. Require that, prior to the sale of all new residential units, that prospective buyers
be notified of potential dairy odors. Prospective buyers should be required to
sign a statement acknowledging that they are aware of the potential for odors
from nearby dairies, and the disclosure shall be included in covenants for new
development within the site.
Bioloaical Resources
9. The San Joaquin kit fox is a covered species within the MBHCP. The payment of
development impact fees is considered adequate mitigation under the MBHCP to
minimize impacts to sensitive species. Upon application and approval of future
tract map phases within the proposed project area, the applicant shall pay the
required mitigation fee or fees. Upon the payment of this fee and receipt of City
project approval, a development applicant would become a sub-permittee and
would be allowed the "incidental take" of the species in accordance with state
and federal endangered species laws and mitigation requirements of all parties,
state, federal, and local (MBHCP). Payment to the plan would reduce impacts to
less-than-significant levels.
10. To avoid impacts to nesting birds, including the Swainson's hawk, no ground
disturbance, site clearing, or removal of any potential nesting habitat shall be
Page 4 of 24
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
conducted within the typical breeding/nesting season for birds (February 15 to
August 30); 21:,
Prior to any ground-disturbing activities, a qualified biologist shall conduct
surveys for nesting birds, including raptors. The surveys shall occur at a
minimum of 3 days prior to the clearing, removal, or trimming of any vegetation.
Surveys shall include areas within 200 feet of the edge of the project boundary
and the entire project site. If active nests are found, a 50-foot (minimum) fence
barrier shall be erected around the nest site. A 200-foot barrier shall be required
for any raptor-nesting site. No habitat removal or any other work shall be allowed
to occur within the fenced nest zone until a qualified biologist confirms that the
young have fledged and have left the nest.
11. Prior to ground-disturbing activities, a qualified biologist shall conduct surveys for
burrowing owls in accordance with the Staff Report on Burrowing Owl Mitigation
(CDFG 1995) and the California Burrowing Owl Consortium guidelines. The
survey will be conducted over the entire site and, where possible, 150 feet
around the project site. If no burrows or burrowing owls are identified, then no
further action is required.
If burrows or burrowing owls are identified, then the following mitigation should
be implemented.
If possible, when burrowing owls are detected during the breeding season,
impact should be avoided. A no-disturbance buffer zone should be delineated in
a 75-meter radius around the occupied burrow. No ground disturbance would be
permitted in the no-disturbance buffer zone until a qualified biologist has
determined that the young have fledged.
Cultural Resources
12. Prior to tentative tract map approval for affected parcels, a qualified archaeologist
shall be retained by the developer to perform a subsurface test-level investigation
for the identified sites, and surface collection as appropriate. The test-level
report evaluating the site shall include a discussion of significance (i.e., depth,
nature, condition, and extent of resources), final mitigation recommendations,
and cost estimates. Any resource identified shall be recorded, excavated, and
curated, as appropriate. Prior to the issuance of a grading permit and based on
the report recommendations, final rnitigation shall be carried out.
Page 5 of 24
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
13. If buried cultural resources, such as chipped or ground stone, historic bottles or
ceramics, building foundations, or non-human bone are inadvertently discovered
during ground-disturbing activities, work will stop in that area and within 100 feet
of the find until a qualified archaeologist can assess the significance of the find
and, if necessary, develop appropriate treatment measures. Treatment
measures typically include development of avoidance strategies, capping with fill
material, or mitigation of impacts through data recovery programs such as
excavation or detailed documentation.
Sites discovered having relevance to Native Americans shall be made known to
the appropriate individuals/agencies/groups as determined by the archaeologist
in consultation with the Lead Agency.
If archaeological sites are discovered on site during construction, and an
archaeologist is contacted to determine the significance of the find, the developer
shall provide written evidence to the City Planning Department that a qualified
archaeologist has been retained, shall be present at the pre-grading conference,
shall establish procedures for archaeological resource surveillance, and shall
establish in cooperation with the project developer procedures for temporarily
halting or redirecting work to permit the sampling, identification, and evaluation of
the artifacts as appropriate.
14. Prior to final tentative tract map approval for affected parcels (parcels adjacent to
the AT & S.F. rail line), a qualified architectural historian/historian/historical
archaeologist shall be retained by the developer to conduct an evaluation of line
for eligibility to federal, state, and local historical registers as an individual
resource and/or a component of the rural historic landscape.
15. If buried cultural resources, such as chipped or ground stone, historic bottles or
ceramics, building foundations, or non-human bone are inadvertently discovered
during ground-disturbing activities, work will stop in that area and within 100 feet
of the find until a qualified archaeologist can assess the significance of the find
and, if necessary, develop appropriate treatment measures. Treatment
measures typically include development of avoidance strategies, capping with fill
material, or mitigation of impacts through data recovery programs such as
excavation or detailed documentation.
Sites discovered having relevance to Native Americans shall be made known to
the appropriate individuals/agencies/groups as determined by the archaeologist
in consultation with the Lead Agency.
Page 6 of 24
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Mitigation I Conditions of Approval
GPAlZC 03-1528
If archaeological sites are discovered on site during construction, and an
archaeologist is contacted to determine the significance of the find, the developer
shall provide written evidence to the City Planning Department that a qualified
archaeologist has been retained, shall be present at the pre-grading conference,
shall establish procedures for archaeological resource surveillance, and shall
establish in cooperation with the project developer procedures for temporarily
halting or redirecting work to permit the sampling, identification, and evaluation of
the artifacts as appropriate.
16. If human remains of Native American origin are discovered during project
construction, it is necessary to comply with state laws relating to the disposition
of Native American burials, which fall within the jurisdiction of the Native
American Heritage Commission (Pub. Res. Code Sec. 5097). If any human
remains are discovered or recognized in any location other than a dedicated
cemetery, there will be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until:
. the coroner of Kern County has been informed and has determined that no
investigation of the cause of death is required, and
. if the remains are of Native American origin,
a. the Native Arnerican Heritage Commission was unable to identify a
descendant or the descendant failed to make a recommendation within 24
hours after being notified by the commission, or
b. the descendants of the deceased Native Americans have made a
recommendation to the landowner or the person responsible for the
excavation work for means of treating or disposing of, with appropriate
dignity, the human remains and any associated grave goods as provided
in Public Resources Code Section 5097.98.
According to California Health and Safety Code, six or more human burials at
one location constitute a cemetery (Section 8100) and disturbance of Native
American cemeteries is a felony (Section 7052). Section 7050.5 requires that
construction or excavation be stopped in the vicinity of discovered human
remains until the coroner can determine whether the remains are those of a
Native American. If the remains are determined to be Native American, the
coroner must contact the California Native American Heritage Commission.
Page 7 of 24
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
Hazards and Hazardous Materials
17. Asbestos-Containina Buildina Materials IACBMs}: Prior to tentative tract map
and grading approvals, all areas containing structures that have the potential to
contain ACBMs shall be inspected and evaluated by an asbestos specialist to
determine the potential to contain such materials. These include structures built
before the 1970s, as well as debris piles containing remnant concrete irrigation
pipe. All materials determined to contain asbestos or have a high likelihood to
contain asbestos shall be abated and shall be disposed of at an appropriate
hazardous materials disposal site by a qualified hazardous materials specialist.
18. Tanks. Drums, and Associated Soil Contaminants: Prior to issuance of grading
permits for the each subsequent development phase within Project Areas 1, 2, 3,
or 4 (as delineated in the Hazards and Hazardous Materials section of the PEIR
for GPAlZC 03-1528), soil sampling and analyses shall be conducted in the
vicinity of aboveground and underground storage tanks, particularly the three
1,000-gallon and one 10,000-gallon diesel fuel. ASTs associated with three
existing water wells on site. Such testing also shall occur at selected locations in
the equipment storagelmaintenance yard to define the vertical extent of diesel
fuel contamination. Should the analysis of stained soils reveal that contamination
is below toxic limits, no further action would be required. However, if remediation
is recommended, then the contaminated soil shall be removed and/or remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to site development.
19. Soil SamDlina and Remediation at EauiDment Storaae/Maintenance Yard: Prior
to issuance of grading permits for the subject areas, soil sampling and analyses
at selected locations in the equipment storage/maintenance yard shall be
completed to define the vertical extent of diesel fuel contamination. Should the
analysis of stained soils reveal that contarnination is below toxic limits, no further
action would be required. However, if remediation is recommended, then the
contaminated soil shall be removed and/or remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB requirements prior to site development.
20. Remove Diesel-Impacted Soil Near Soil Borina 5: Prior to issuance of grading
permits for the area near Soil Boring 5, located on the south side of the fenced
equipment storage and maintenance yard, approximately 150 feet west of Buena
Vista Road (associated with the 1,000-gallon diesel AST serving an irrigation
well), the contaminated soil shall be removed. A backhoe or excavator shall
Page 8 of 24
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Exhibit C
Mitigation / Conditions of Approval
GPAlZC 03-1528
remove the diesel-impacted soil at the location due to the unknown depth of the
contamination. The walls and floor of the excavation shall be sampled when the
diesel-impacted soil appears to be removed based on visual observation.
Samples shall be sent to a state-certified laboratory for analysis. Contaminated
soil shall be stockpiled or containerized in 55-gallon sealed drums and labeled as
to the contents and disposed of according to State and local guidelines.
Following remediation, the site shall be properly closed according to Central
Valley RWQCB requirements prior to site development.
21. Conduct Soil Samplinc and Remediate Near Acricultural Water Well: Prior to
issuance of grading permits for the proposed project, soil sampling and analyses
shall be conducted in the vicinity of the 1,OOO-gallon diesel fuel AST associated
with an agricultural water well located in the northeastern portion of the subject
site to define the vertical extent of diesel fuel contamination. Should the analysis
of impacted soils reveal that contamination is below toxic limits, no further action
would be required. However, if remediation is recommended, then the
contaminated soil shall be removed and/or remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB requirements prior to site development.
22. Remove Oilv Waste Drums and Containers: Prior to site development, the two
full/partially full 55-gallon drums and one 5-gallon container of oily waste located
northwest of the barn shall be removed from the subject site by a licensed
contractor and properly disposed of off site.
23. Sample/Analvze and Remove/Remediate Soil Near Abovecround Tanks in
Central Storace Yard: Prior to issuance of grading permits, soil samples shall be
collected from under the 550-gallon AST and 1,000 gallon diesel AST within the
southeastern portion of the storage yard in the central portion of the site. These
samples shall be analyzed to determine the presence or absence of
concentrations of petroleum fuel constituents. Should the analysis of impacted
soils reveal that contamination is below toxic limits, no further action would be
required. However, if rernediation is recommended, then the contaminated soil
shall be removed and/or remediated according to state and local guidelines, and
the site shall be properly closed according to Central Valley RWQCB
requirements prior to site development.
24. Sample/Analvze and Remove/Remediate Soil Near 1.000-Gallon Low Sulfur
Dved Diesel Tank: Prior to issuance of grading permits, soil sampling and
analyses shall be conducted beneath the 1,000-gallon AST labeled "low sulfur
Page 9 of 24
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Mitigation / Conditions of Approval
GPAlZC 03-1528
dyed diesel" on the unpaved ground surface in the central portion of the subject
site to assess the extent and concentrations of diesel fuel impacts. Should the
analysis of impacted soils reveal that contamination is below toxic limits, no
further action would be required. However, if remediation is recommended, then
the contaminated soil shall be removed and/or remediated according to state and
local guidelines, and the site shall be properly closed according to the Central
Valley RWQCB requirements prior to site development.
25. Sample/Analvze and Rernove/Remediate Stained Soils; Prior to issuance of
grading permits, soil samples shall be collected and analyzed at two areas of
stained soil in the northwestern and central portions of the site to assess the
extent and concentrations of subsurface impacts by related constituents of
concern. Should the analysis of impacted soils reveal that contamination is
below toxic limits, no further action would be required. However, if remediation is
recommended, then the contaminated soil shall be removed and/or remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to site development.
26. Secondarv Containment Structures Beneath All Aboveqround Tanks: For all
ASTs that do not contain secondary containment structures, secondary
containment shall be placed beneath all onsite ASTs until the removal of the AST
occurs for the redevelopment of the subject site, in order to minimize potential
unauthorized releases of hazardous materials from potentially impacting the site.
27. Assess and Remove/Remediate Near Metal Pipe: Prior to issuance of grading
permits, the approximately 3-inch diameter metal pipe that is protruding from the
ground in the northeastern portion of the subject site shall be assessed with a
backhoe to determine evidence of subsurface soil impacts by gasoline fuel
constituents. Following the subsurface excavation, if soil sampling and analysis
is necessary to further assess the concentration and extent of potential impacts,
soil samples shall be collected and analyzed to determine the extent and
concentrations of subsurface impacts by related constituents of concern. Should
the analysis of impacted soils reveal that contamination is below toxic limits, no
further action would be required. However, if remediation is recommended, then
the contaminated soil shall be removed and/or remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB requirements prior to site development.
28. Remove Waste Oil Drum: Prior to grading of the site, the existing 55-gallon drum
Page 10 of 24
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agricultural water well shall be transported off site for proper disposal by a
licensed contractor as soon as possible so that the potential threat of a release to
the site is minimized.
29. Sample/Analyze and Remove/Remediate Soil Near Aboyearound Tanks at the
Gosford-Coulter Tank Farm: Prior to issuance of grading permits, soil samples
shall be collected from beneath the three onsite ASTs without secondary
containment features at the Gosford-Coulter Tank Farm facility in the central
portion of the subject site. The soil samples should be analyzed to determine the
presence or absence of concentrations of total recoverable petroleum
hydrocarbons, solvents, and hazardous constituents of antifreeze. Should the
analysis of impacted soils reveal that contamination is below toxic limits, no
further action would be required. However, if remediation is recommended, then
the contaminated soil shall be removed and/or remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB requirements prior to site development.
30. Sample/Analyze and Remove/Remediate Soil Near Abovearound Drums: Prior
to issuance of grading permits, soil samples shall be collected and analyzed in
the location beneath the onsite, stand-mounted, 55-gallon drum labeled as lube
oil and the steel-rack-mounted 55-gallon drum labeled as gear oil at the tank
farm facility to determine the presence or absence of concentrations of petroleum
hydrocarbons. Should the analysis of impacted soils reveal that contamination is
below toxic limits, no further action would be required. However, if remediation is
recommended, then the contaminated soil shall be removed and/or remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to site development.
31. Sample/Analvze and RemovelRemediate Soil Near Abovearound Crude Oil
Tanks: Prior to issuance of grading permits, soil sampling and analysis shall be
conducted for the locations of the four former crude-oil ASTs in the east-central
portion of the tank farm facility to determine the extent of crude-oil impacts and to
determine the presence or absence of concentrations of petroleum fuel
constituents. Should the soil analysis reveal that contamination is below toxic
limits, no further action would be required. However, if rernediation is
recommended, then the contaminated soil shall be removed and/or remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to site development.
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32. Abandon/Close/Destrov Water Wells: Prior to issuance of any grading permits,
all existing water wells shall be properly abandoned/closed and/or destroyed in
accordance with state and local guidelines and shall be evaluated and verified by
the Water Section of the Kern County Certified Unified Protection Agency.
33. Evaluate and Abandon Former Oil Wells, and Procerlv Close. Clean, and Re-
Abandon. as Necessarv: Prior to issuance of grading permits, inactive or
previously abandoned oil wells in the proposed project area defined by the
corresponding set of tract map(s) shall be evaluated to ensure that the existing
abandonment conditions meet or exceed current DOGGR standards. If not, they
shall be properly closed, cleaned, and abandoned or re-abandoned in
accordance with all applicable state and local guidelines prior to any ground
disturbing activities. All existing inactive oil wells, abandoned oil wells, or shut-in
oil wells shall be required to implement a closure plan to render all wells inert and
to conform to DOGGR oil well abandonment or re-abandonment procedures.
The applicant shall be required to file a Notice of Intent to Abandon Well form
with DOGGR. The notice shall include all required abandonment procedures on
a well-by-well basis in accordance with Article 14, Chapter 3, Sections 1723
through 1723.9 of the CCR. Abandonment of wells shall be performed and
verified to the satisfaction of DOGGR.
34. Test and Remove/Remediate Soil Near Buried Oil Wells: At the time grading
operations proceed, an excavator shall be used to remove soil overlying and
surrounding each of the buried abandoned oil wells that were discovered on site
at their staked locations. When safe access has been provided at each location,
each well shall be tested for methane emissions. This testing will verify the
integrities of the abandonment plugs. Once the wells have been exposed, further
geophysical testing may continue in order to locate, insofar as possible, the mud
pits andlor production sumps associated with the wells. These pits and sumps
rnight be expected to be located within a 75-foot radius of each well. Once the
pits and sumps are located, analytical samples shall be collected in order to
determine their contents. Upon analysis of the collected samples, a
determination shall be made regarding subsequent remedial actions. Prior to
commencement of any construction activity in these areas, final confirmation and
a closure statement shall be obtained by the City of Bakersfield Fire Department
ESD. If the City of Bakersfield Fire Department ESD is not satisfied that all
potentially hazardous materials have been removed to acceptable
concentrations, a remedial action plan shall be developed and implemented to
the division's satisfaction.
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35. Fence All Oil Wells: Prior to occupancy of any residence within the project area,
each area containing (an) oil well(s) (either active, abandoned, or shut-in) shall
be made inaccessible with chain-linked fence until such time that they have been
closed and abandoned to the satisfaction of DOGGR.
36. Evaluate and Remove/Remediate Oil Mud Pits: Prior to the approval of final
tentative tract maps and grading plans, all areas surrounding former or current
oils wells that contain oil mud pits or residues thereof shall be evaluated through
subsequent sampling and testing to determine their characteristics and vertical
and lateral extent. All areas contain drilling muds and such residues shall be
excavated, and the removed soils shall be disposed of at an appropriate
hazardous materials disposal site according to state and local guidelines. All
work shall be completed to the satisfaction of the DTSC and DOGGR.
37. Remove Oil and Gas Pipelines and Associated Contaminated Soils: Prior to the
approval of grading permits, all abandoned oil and gas pipelines shall be
removed, and the soil conditions shall be monitored by a qualified hazardous
materials specialist. If soil staining is evident, removal actions shall cease in the
vicinity until the nature of the stain is determined. All areas containing petroleum-
stained soils shall be excavated, and the removed soils shall be disposed of at
an appropriate hazardous materials disposal site according to state and local
guidelines to the satisfaction of DTSC and DOGGR.
38. Test and Remove/Remediate Petroleum-Stained Soils: Prior to final tentative
tract map and grading approvals, all areas in the project boundaries showing
evidence of petroleum-stained soils shall be evaluated through subsequent
testing to determine the vertical and lateral extent of any such spill. All areas
contain spilled oil or other petroleum products shall be excavated, and the
removed soils shall be disposed of at an appropriate hazardous materials
disposal site according to state and local guidelines. All work shall be completed
to the satisfaction of the DTSC.
39. Remove Potential PCB-ContaininQ Transformers: Prior to the approval of
grading permits, power poles containing transformers suspected of containing
PCBs shall be removed by a qualified hazardous materials specialist as
coordinated by PG&E to the satisfaction of the City of Bakersfield Fire
Department ESD. These items shall be disposed of at an appropriate hazardous
materials disposal site to the satisfaction of DTSC.
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40. Delineate and Remove/Remediate Soil with PCB Content: Prior to the approval
of grading permits, the location of the former transformer fire and subsequent
release of PCBs in 1990 near the intersection of Buena Vista and McCutchen
Roads shall be completely delineated and remediated as necessary. Soil
samples shall be collected from the northeastern corner of the subject site and
analyzed for PCB content. Should the soil analysis reveal that the soils are
clean, then no further action would be warranted. However, if remediation is
recommended, then the contaminated soil shall be removed andlor remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to development of the
site.
41. Remove/Abandon/Close Septic Tanks: Prior to the approval of final tentative
tract rnaps and grading approval, all septic tanks shall be
removed/abandoned/closed in accordance with applicable state and local
guidelines.
Hvdroloav and Water Quality
42. Prior to final approval of tentative tract maps and authorization of grading plans,
a SWPPP shall be prepared by the project contractors and be made available to
the City Engineer for inspection and comment. The SWPPP shall identify
erosion minimization and control provisions, pollution detection provisions, and
pollution elimination/minimization provisions. The SWPPP shall include best
available technology, engineering, and design solutions such as the use of silt
screens, hay bales, modern trash screens, energy dissipaters, and/or absorbent
devices. Stormwater runoff water quality monitoring procedures shall be clearly
detailed in the SWPPP.
Land Use and Plannina
43. Refer to Biological Resources condition #9 regarding payment of the
Metropolitan Bakersfield Habitat Conservation Plan development impact fee.
Noise
44. Construction activity located within 1,000 feet of residences shall be limited to the
hours between the hours of 6 a.m. and 9 p.m. on weekdays, and between 8 a.m.
and 9 p.m. on weekends.
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45. Outdoor activity areas of residential areas shall be designed such that noise from
traffic does not exceed 65 dB CNEL. The project applicant for each tract map
shall retain a qualified acoustical consultant to design treatments for residences
located adjacent to roadways in and around the proposed project area such that
exterior noise levels under 2030-with-project conditions does not exceed 65 dB
CNEL at outdoor activity areas. Treatments may include methods such as
construction of a soundwall or earth berm between the new residences and the
roadway or placement of building structures between roadway and outdoor
activity areas. The acoustical consultant will prepare and submit to the City a
report detailing the acoustical treatments to be used for compliance with this
performance standard. The report must be reviewed and approved by the City
before a building permit will be issued. The design of project buildings will reflect
the approved report.
46. Interior areas of residential units shall be designed such that noise from traffic
does not exceed 45 dB CNEL. The project applicant shall retain a qualified
acoustical consultant to ensure that interior noise levels at residences does not
exceed 45 dB 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 treatrnents to be applied to the building
for compliance with the interior noise performance standard. The report must be
reviewed and approved by the City before a building permit is issued.
47. Commercial and industrial uses shall be designed such that noise from
operations does not exceed City noise standards for non-transportation sources.
The project applicant shall retain a qualified acoustical consultant to design
treatments for commercial and industrial uses such that residences located
adjacent to these uses will not be exposed to noise exceeding City standards for
non-transportation uses. Treatments may include methods such as:
· limits on hours of operations
. use of enclosures or localized barriers around equipment noise sources
. placement of barriers between the residences and commercial and industrial
uses
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. use of mufflers on equipment exhaust
The acoustical consultant will prepare and submit to the City a report detailing
the acoustical treatments to be used for compliance with this performance
standard. The report must be reviewed and approved by the City before a
building permit will be issued. The design of commercial and industrial uses will
reflect the approved report.
48. Residential uses shall be designed such that noise from oil well operations does
not exceed City noise standards for non-transportation sources at residences on
the project site. The project applicant shall retain a qualified acoustical
consultant to design treatments for the oil wells or the residences such that
residences located adjacent to oil wells would not be exposed to noise exceeding
City standards for non-transportation uses. Treatments may include methods
such as:
· conversion of oil well diesel motors to electric motors,
· limiting hours of oil well operation,
· use of enclosures or localized barriers around the oil wells, and
· placement of barriers between the residences and oil wells.
The acoustical consultant will prepare and submit to the City a report detailing
the acoustical treatments to be used for compliance with this performance
standard for each tract map. The report must be reviewed and approved by the
City before a building permit will be issued. The design of residential uses will
reflect the approved report.
Public Services and Utilities
49. Prior to the issuance of any building perrnit, developers within the proposed
project site shall submit to the City for review and approval a plan to separate
recyclable/reusable construction debris. The plan shall include the method the
contractor will use to haul recyclable materials and shall include the method of
and location of materials disposal. The builders shall be responsible for hauling
their own construction debris to the Mount Vernon Facility or entering into a
contract with a licensed hauler for disposal of construction debris.
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Recreation
50. Prior to approval of each Tentative Tract or Vesting Tentative Tract, the applicant
shall provide public parks, as deemed necessary by the city, in conformance with
Title 15.80 of the Bakersfield Municipal Code. In the event a city wide master
trails plan is adopted prior to approval of each Tentative Tract or Vesting
Tentative Tract that reduces the public park requirement, the adopted ratio will be
used to calculate the public park requirement. Proposed greenbelts and private
recreational facilities shall be maintained by the homeowners association.
TransportationlTraffic
51. Prior to approval of improvement plans for any portion of the proposed project,
the project applicant shall develop and implement a Traffic Control Plan. The
Traffic Control Plan shall be implemented throughout the course of project
construction, and shall include the following elements:
· Contain a plan for communicating construction plans with transit providers,
emergency service providers, residences, and businesses located in the
project vicinity, and anyone else who may be affected by project construction.
· Identify roadway segments or intersections that are at or approaching level of
service that exceeds local standards, and provide for construction-generated
traffic to avoid these locations at the peak periods, either by traveling different
routes or by traveling at non-peak times of day.
· Contain an access and circulation plan for use by emergency vehicles when
lane closures and/or detours are in effect; if lane closures occur, provide
advance notice to local fire and police departments to ensure that alternative
evacuation and emergency routes are designed to maintain response times.
· Maintain access to existing residences in the area at all times.
· Provide for adequate parking for construction trucks and equipment within the
designated staging areas throughout the construction period.
· Provide adequate parking for construction workers within the designated
staging areas.
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· Restrict delivery of construction materials to between the hours of 9:00 a.m.
and 3:00 p.m. to avoid more congested morning and evening hours.
· Require traffic controls on roadways adjacent to the proposed project,
including flag persons wearing bright orange or red vests and using a
"Stop/Slow" paddle to control oncoming traffic; construction warning signs
should be posted in accordance with local standards or those set forth in the
Manual on Uniform Traffic Control Devices (FHWA, latest edition), in advance
of the construction area and at any intersection that provides access to the
construction area.
· Require that written notification be provided to contractors regarding
appropriate routes to and from the construction site, and the weight and
speed limits on local roads used to access the construction site.
· Specify that a sign be posted at all active construction areas giving the name
and telephone number or em ail address of the City staff person designated to
receive complaints regarding construction traffic.
52a. Prior to approval of each Tentative Tract, Vesting Tentative Tract, or Parcel Map
(except Parcel Maps for financing or conveyancing purposes only that require
further subdivision prior to development) for residential projects and PCD or Site
Plan applications for other uses, the map or project applicant shall confirm the
specific traffic circulation improvements that will be implemented with that
tentative map, PCD or Site Plan as identified in the Traffic Impact Study
(Ruettgers & Schuler 2005) to:
1) Provide the traffic circulation improvements necessary to serve the immediate
map area; and
2) Maintain the City's adopted minimum level of service standard (currently LOS
C) on the roadway network that will be impacted by the project traffic, or, for
those eight (8) intersections and seven (7) roadway segments that cannot be
improved to the minimum level-of-service standard or better, with or without
the project, to provide the project fair-share contribution to the
improvements. Note 1 The necessary improvements are identified in Tables 30-
16 and 30-17 of the PEIR for GPA/ZC 03-1528.
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Note 1: The fair-share improvements for the 8 intersections and 7 roadway segments that
cannot be improved to the minimum level of service standards shall include acceptable
engineering solutions, approved by the City Engineer, to provide improvements beyond
standard. Said improvements could include but not be limited to, a super-arterial concept
greater than 6-lanes, higher capacity limited access facilities, non-standard high-capacity
intersection designs and contributions toward the capacity relieving beltway system.
52b. To demonstrate that appropriate mitigation is being provided with each Final Map
(except Parcel Maps for financing or conveyancing purposes only that require
further subdivision prior to development), the process will be as follows:
. The applicant will provide confirmation of the traffic analysis (based upon
updated data at the time, where applicable in consultation with the City
Engineer) for each tentative map, PCD or Site Plan based on current
information on the status of RTIF and local improvements at the time of
approval processes for each tentative map, PCD, or Site Plan Review.
. The applicant and the City will identify the incremental improvements
applicable to the tentative map, PCD, or Site Plan to be irnplemented 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 Fil~:~!k '
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Map.
52c. For those improvements to be constructed by the City using mitigation fees paid
by the project applicant and other sources of financing, the applicant's obligation
will be satisfied by payment of the fees.
53. Prior to approval of tentative tract maps for subsequent phases of the proposed
project, construction plans shall be approved by the Fire Marshall or appropriate
representative to ensure that all fire code requirements are incorporated into the
proposed project design. All development within the proposed project area shall
conform to codes and access requirements established by the Uniform Fire Code
and City of Bakersfield Municipal Code Sections 15.64.010 to 15.64.480.
54. During design of tentative tract maps for subsequent phases of the proposed
project, adequate parking shall be provided in accordance with City of
Bakersfield Municipal Code standards. Construction plans shall be reviewed and
verified by the Planning Department that the project components provide
appropriate parking to minimize offsite parking impacts or neighborhood
intrusion.
CONDITIONS OF APPROVAL:
Public Works Conditions
55. Prior to approval of any development plan, improvement plan, or application for a
lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Allen Road, Panama Lane, McCutchen
Road, Buena Vista Road and Old River Road to arterial standards; and
Mountain Vista Drive, Windermere Street, Berkshire Road and McKee Road
to collector standards for the full frontage of the area within the GPA request.
Also, provide dedication documents in a form acceptable to CalTrans for Taft
Highway (The width of dedication required by CalTrans is different from that
required by the City of Bakersfield; the applicant must verify their proposed
section with CaITrans). Dedications shall include sufficient widths for
expanded intersections and additional areas for landscaping as directed by
the City Engineer. Submit a current title report with the dedication
documents. If a tentative subdivision map over the entire GPAlZC area is
submitted, dedication can be provided with the map. Because this GPAlZC
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area is so large, the applicant can phase his dedications provided he presents
a dedication phasing plan acceptable to the City Engineer.
b. Submit a comprehensive drainage study to be reviewed and approved by the
City Engineer. No more than 1 sump per 80 acres may be utilized to serve
this area; these sumps should be located so that they may be available to
serve adjacent areas as they develop. The study shall be approved and any
required retention site and necessary easements dedicated to the City.
c. Sewer service must be provided to the GPAlZC area. The developer shall be
responsible for the initial extension of the sewer line to serve the property.
The developer shall submit for the City's review a comprehensive program to
provide sewer service to the entire GPAlZC area. This plan may address the
timing of development of various areas within the GPAlZC request and how
sewer service will be extended to these areas. This sewer system must
necessarily be sized to serve a much larger area that the project area. The
City is willing to aid the developer in the formation of a Planned Sewer Area
and/or an Assessment District to provide a mechanism for the reimbursement
of oversizing costs to the developer.
56. Developer shall pay median fees for Taft Highway and all arterials within the
boundaries of the GPAlZC area. The payment of these fees may be phased to
match the construction phasing of the project.
57. For orderly development and for improved circulation, the commercial frontages
shall be constructed at the earliest opportunity. The Planning Commission shall
have the authority to require full improvements in front of a commercial parcel
with the development of an adjacent parcel. Full improvements shall include, but
not be limited to, full paving, curb, gutter, and sidewalk, interconnect conduit,
street lighting, storm drainage system, sewer mains and utilities. Inasmuch as
commercial areas are usually located at intersections, said improvements may
include the frontages of the intersecting streets. The Planning Commission shall
also have the authority to require full improvements in front of an intervening
"outparcel" if a gap is created between areas of full improvements along a road.
(Added by the Planning Commission)
58. If it becomes necessary to obtain any off site right of way and if the developer is
unable to obtain the required right of way, then he shall pay to the City the up-
front costs for eminent domain proceedings and enter into an agreement and
post security for the purchase and improvement of said right of way.
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59. The entire area covered by this General Plan Amendment shall be included in
the Consolidated Maintenance District. The applicant shall pay all applicable
fees for inclusion in the Consolidated Maintenance District with submittal of any
development plan, tentative subdivision map, Site Plan Review, or application for
a lot line adjustment for any portion of this GPA area. (Ordinance and Policy)
60. Pay the standard residential and commercial Regional Transportation Impact
Fees as adopted at time of development. Fees shall be computed by special
study in compliance with City policy. Said study shall be completed prior to
recordation of the first map or approval of the first development. (Ordinance and
Policy)
Recreation and Parks Conditions
61. Prior to the approval of the first tentative subdivision map within the GPAlZC
area, a Master Parks and Trails Plan for the entire GPAlZC area shall be
approved by the Planning Commission following a public hearing. The owners of
all properties affected by the proposed trail alignment within and east of the
GPAlZC area shall be provided notice of this public hearing.
62. Prior to submittal of any subdivision, owner shall enter into an agreement to pay
a park development fee not to exceed $1,275 per unit to be used for the
acquisition and development of an urban park. This fee is to be in addition to the
current park development fees required by ordinance.
Police and Fire Services Condition
63. Prior to submittal of any subdivision, owner shall enter into an agreement to pay
a fee to provide for the purchase of equipment and apparatus required for police
and fire services. Said fee will be imposed and collected at the time of issuance
of a building permit in an amount not to exceed $234 per unit.
Community Facilities District Condition
64. Prior to submittal of any subdivision, owner shall enter into an agreement to
support the establishment of a Community Facilities District to include an
assessment on all property covered by the proposed Old River Ranch Project.
The intent of the district is to provide financing for the operation and maintenance
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of public facilities and services for Police and Fire services required to support
the project.
Golden Empire Transit District Condition
65. Specific bus turnouts and shelters shall be located as necessary at appropriate
locations to serve residential, commercial, and school sites within the project
area in consultation with the Golden Empire Transit District. The bus turnouts
and shelters shall be planned by developers in the project area and local
transportation coordinating entities to encourage the efficient and practical use of
public transit entities servicing the project area. (Added by the Planning
Commission)
Photovoltaic Svstems Condition
66. Prior to issuance of the first single-family residential building permit, the
developer shall demonstrate to the satisfaction of the Planning Department that
photovoltaic systems will be offered to all single-family homebuyers as an
optional feature. (Added by the Planning Commission)
Street Liahtina Condition
67. Prior to recordation of final maps, the Public Works Department shall verify that
all associated improvement plans specify that all street lights are to be zero cutoff
fixtures. (Added by the Planning Commission)
Williamson Act Contract Cancellation Fee
68. Prior to the recordation of a subdivision map creating parcels less than twenty
acres in size or the issuance of a building permit for any urban or non-agricultural
uses on Assessor Parcel Numbers 497-031-32, 497-031-37, 497-040-02, 497-
040-03, 497-040-11, 497-040-18, 497-040-19, and 497-060-01, the
applicant/developer shall provide proof to the City of Bakersfield Planning
Department that the required Williamson Act Land Use Contract cancellation fee
of $3,560,625, or as calculated by the Kern County Assessor's Office, has been
paid to the Kern County Treasurer.
Page 23 of 24
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Exhibit C
Mitigation I Conditions of Approval
GPA/ZC 03-1528
City Attornev Condition
69. In consideration by the City of Bakersfield for land use entitlements, including but
not limited to related environmental approvals related to or arising from this
project, the applicant, and/or property owner and/or subdivider ("Applicant"
herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield,
its officers, agents, employees, departments, commissioners or boards ("City"
herein) against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before administrative or judicial
tribunals of any kind whatsoever, in any way arising from, the terms and
provisions of this application, including without limitation any CEQA approval or
any related development approvals or conditions whether imposed by the City, or
not, except for CITY's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging
any decision by the City related to this project and the obligations of this
condition apply regardless of whether any other permits or entitlements are
issued.
The City will promptly notify Applicant of any such claim, action or proceeding,
falling under this condition within thirty (30) days of actually receiving such claim.
The City, in its sole discretion, shall be allowed to choose the attorney or outside
law firm to defend the City at the sole cost and expense of the Applicant and the
City is not obligated to use any law firm or attorney chosen by another entity or
party .
Page 24 of 24
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Exhibit D
Statement of Facts, Findings, and Mitigation Measures
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Statement of Facts, Findings, and
Mitigation Measures
Introduction
To support a decision on a project for which an Environmental Impact Report
(EIR) is prepared, a Lead or Responsible Agency must prepare written fmdings
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 Balœrsfield, as the Lead Agency, has prepared
these Findings of Fact for the Old River Ranch project. These Findings of Fact
must be adopted by the City Council after certification of the Final Program EIR
(PEIR) and at the time of approval of the proposed project.
Section 15091 of the CEQA Guidelines provides that no public agency shall
approve or carry out a project for which an EIR has been certified which
identifies one or more significant environmental effects of the project unless the
public agency makes one or more written findings for each of those significant
effects, accompanied by a brief explanation of the rationale for each finding, The
possible findings are:
· Changes or alterations have been required in, or incorporated into, the
project. which avoid or substantially lessen the significant environmental
effects as identified in the Final EIR.
· Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by
such other agency.
· Specifir: economic, legal, social, technological, or other considerations,
including provisions of employment opportunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified in
the Final EIR.
After considering the Final EIR in conjunction with making findings, the Lead
Agency must not approve the project if it will have a significant effect on the
environment unless it finds that the benefits of the project outweigh the
unavoidable adverse environmental effects. CEQA requires decision makers to
Old River Ranch Project (GPAlZC #03-1528)
September 2005
J&S 04191
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
balance the economic, legal, social, technological, or other benefits of a proposed
project against its unavoidable environmental risks when detennining whether to
approve a project. Pursuant to Section 15093 of the CEQA Guidelines, a
Sü.tement of Overriding Considerations has been prepared for the proposed
project.
Project Objectives
The project applicant and the City have both developed objectives for the
proposed project, each of which are presented below.
Applicant's Objectives
· To develop a high quality master planned community with its own identity,
incorporating a range of housing types; recreational features including parks,
greenbelts, trails, and playing fields; and shopping, employment, and
educational facilities.
· To provide a mix of uses that would be mutually supportive linked by trails
and greenbelts, reducing automobile dependency and encouraging pedestrian
activity. These design features are expected to reduce air emissions related
to transportation.
· To create an ecologically sound development that incorporates a
comprehensive program of resource protection and conservation,
· To develop a self-contained community focused on a mixed-use VilIage
Center that serves as an entertainment and service center, and a gathering
place for a wide range of community activities and special events.
· To create a public and private system of parks, trails, and community
recreation facilities integrated into the physical plan of the community.
· To implement comprehensive streetscape and landscape standards
throughout the community, creating a unique identity and sense of place.
· To implement a comprehensive road and infrastructure improvement phasing
program assuring adequate capacity for buildout of the planned development.
· Provide a mix of housing for various economic levels of the community.
City of Bakersfield's Objectives
The City has identified in its MBGP goals and objectives guiding future urban
growth, including the fast-growing southwest Bakersfield area. The general plan
represents the official statement of the community's physical development goals
as well as economic, social, and environmental goals. Pertinent City goals and
objectives for the proposed project include:
2
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City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Chapter II, land Use Element
· Accommodate new development which captures the economic demands
generated by the marketplace and establishes Bakersfield's role as the capitol
of the southern San Joaquin Valley.
· Accommodate new development which provides a full mix of uses to support
its population.
· Accommodate new development which is compatible with and complements
existing land uses.
· Accommodate new development which channels land uses in a phased,
orderly manner and is coordinated with the provision of infrastructure and
public improvements.
· Accommodate new development that is sensitive to the natural environment,
and accounts for environmental hazards.
· Establish a built environment which achieves a compatible functional and
visual relationship among individual building sites.
Chapter III, Circulation/Streets
· Provide a safe and efficient street system that links all parts of the area for
movement of people and goods.
· Provide for safe and efficient motorized, non-motorized, and pedestrian
traffic movement.
· Minimize the impact of truck traffic on circulation, and on noise sensitive
land uses.
· Provide a street system that creates a positive image of Bakersfield.
· Provide a local street network that contributes to the quality and safety of
residential neighborlloods and commercial districts.
Chapter IV, Housing
· Provide an adequate supply of sites for the development of sound, affordable
new housing.
Chapter V, Conservation/Biological Resources
· Conserve and enhance Bakersfield's biological resources in a manner which
facilitates orderly development and reflects the sensitivities and constraints
of those resources.
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Chapter VI, Open Space
· Conserve and enhance the unique aspects of open space within the planning
area.
· Create an integrated system of open space amenities in the planning area.
Chapter X, Public Services & Facilities/Utilities
· Maintain a coordinated planning and implementation program for the
provision of public utilities to the planning area.
· Coordinate the planning and implementation of planning area municipal-type
utility facilities and services,
Chapter XI, Parks
· Provide parks and recreation facilities to meet the planning area's diverse
needs.
Proposed Project
The proposed project is GPA, Zone Change, and Annexation of approximately
1,853 acres to the City to allow for the new master planned 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, school, and public service infrastructure. More
specific descriptions of the proposed uses within these areas are described below.
The proposed project will be subject to a Development Agreement with the City,
Proposed GPA
As discussed above, the project applicant is proposing a GPA to change the
existing MBGP land use designations. The proposed GPA would change the
land use designations from Intensive Agriculture (R-IA - minimum 20-acre
parcel size) and Mineral and Petroleum (R-MP - minimum land use designation
size 5 acres), to a mix of the following:
. LR - Low Density Residential, which is less than or equal to 726 dwelling
units per net acre (du/ac) (single-family detached housing, typical of tract
developments);
. HMR -- High-Medium Density Residential, which is greater than
726 dulac and less than or equal to 17.42 dulac within the City, and less than
or equal to 17.42 dulac in the County of Kern; and
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City of Bakersfield Statement of Facts, Findings, and
Mitigation Measures
. GC - General Commercial, which is a maximum floor area ratio (FAR) of
1.0 and 4 stories (for retail and service facilities that provide a broad range of
goods and services, which serve the day-to-day needs of nearby residents).
In addition, as part of the proposed GP A, the applicant is proposing to change the
cif1:ulation, which would require amending the Circulation Element of the
MBGP. The proposed project would alter the existing Circulation Element in the
vicinity of this project to provide a more efficient circulation network to serve the
proposed project. As part of the Circulation Element Amendment, the major
perimeter and internal arterials would remain in their current alignments as
Arterial roadways. The proposed Major Collector roads in the western half of the
site would be reconfigured to eliminate the existing grid pattern within the site.
Zone Change
The proposed project also includes prezoning by the City, which would change
the roning from Kern County's existing roning classification of A (Exclusive
Agriculture) to a mixture of residential and commercial rones, consistent with the
GPA. Figure ES-7 shows the proposed roning, which would consist ofthe
following zoning classifications:
· R-t (One-Family Dwelling Zone)-typically characterized by single-family
subdivision. However, other allowable structures and uses such as accessory
buildings (i.e., garages, greenhouses, and swimming pools), home-based
daycares, and home occupations can be incorporated.
· R-2 (Limited Multiple-Family Dwelling Zone)-characterized by all uses
permitted in an R-l zone, as well as limited multiple-family dwellings and
accessory buildings not exceeding 12% of the area.
· R-3 (Limited Multiple-Family Dwelling Zone)-characterized by all uses
permitted in the R-l and R-2 zones, as well as multiple-family dwellings and
apartment houses, and accessory buildings or structures necessary to such use
located on the same lot or parcel of land.
· C-t (Neighborhood Commercial Zone)-medium-sized commercial
development. The collection of stores in these locales would typically be
small shopping centers or strip malls. Allowable uses include, but are not
limited to any use pennitted for a C-O zone (Professional and Administrative
Office Zone), apparel and accessory stores (excluding large-scale chain
department stores), automobile service stations, drugstores/phannacies,
grocery stores, beauty salons, pet and pet supply stores, and restaurants.
Public utility structures and water pump stations also are allowed pursuant to
planning director review and approval.
· C-2 (Regional Commercial Zone)-typically associated with larger
commercial centers that may contain a number of larger-scale stores as well
as a mixture of smaller retail outlets, which can include any use permitted for
CoO Zone (Professional and Administrative Office Zone) and C-l Zone,
apparel and accessory stores, automobile dealerships, computer software
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stores, department stores, farmers markets on weekends, hardware stores,
hotels, restaurants and other eating-related places, sporting goods stores,
theaters, and public or commercial parking.
. C-C (Commercial Center Zone)-intended for those areas in the city that
are planned for large-scale mixed-use development centers consisting of
commercial and high-density residential uses consistent with the center's
concept as described in the general plan. The C-C zone is also intended to
allow a mix of commercial and residential uses that support businesses
within the commercial core of the city, providing a harmonious transition
from the commercial areas to residential areas. Allowable uses include, but
are not limited to any use permitted in the R-3, R-4, C-o, C-I, and C-2
zones, except those uses permitted in the R-I and R-2 zones as referenced.
In connection with the commercial zones, a Planned Commercial Development
(PCD) overlay would also be required, The PCD zone would be used in
combination with the proposed commercial zones when assigning a base zone
that defines allowable uses and ensures future site development would be
compatible with surrounding development andlor recognizes unique site
characteristics.
Development Plan Concept
The proposed project involves a new master planned community in southwest
Bakersfield featuring a balance of residential, retail, employment, recreation, and
public facilities. A mixed-use Village Center is proposed as the focal point of the
new community, linked to residential neighborhoods by a system of
multi-purpose trails and local streets. The proposed project features a variety of
residential densities, with trails, retail facilities, schools, and parks to encourage a
more walkable community.
A description of the concepts for ultimate development of the site is provided
below to outline a broad guide to the related entitlements that may be requested
in the future. The following is conceptual, not detailed. Detailed design would
occur as future entitlement applications are submitted for review by the City at a
tract map level. Table I provides a summary of proposed land use acreages.
Table 1. Acreage Summary of Proposed Land Uses
Land Use Zone
Gross
Acreage
R-l PUD (One-Family Dwelling Zone with Planned Unit
Development)
R-2 (Limited Multiple-Family Dwelling Zone)
C-C (Community Commercial Zone)
C-2 (Regional Commercial Zone)
1,630.34
109.53
61.38
22.09
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
C-l (Neighborhood Commercial Zone) 9.66
___....._______......__._______.__.____...______...___________._.___._.__~____.._.,._.___._.__.,..__._____._._..n____.___·__·_·····__·______·_·_···
Total Project Acreage 1,833 Acres
The site would be developed in phases and divided into four sections, which
would consist of several land uses, including low-medium and high-medium
density residential, commercial retail and office uses, and parks, Additionally,
public service uses such as schools would be included within the plan area to
accommodate future students generated by the proposed project. The locations
of the schools are yet to be detennined. The main design goal of the proposed
project is to create a walkable community, which is accommodated by
incorporation of design features to increase pedestrian accessibility to the various
project components. Specific design features to accomplish this increased
accessibility include use of pedestrian pathways as well as roadway designs
aimed at calming traffic. The proposed project also has been designed to
encourage pedestrian traffic by placing destination points such as parks and
commercial centers within walking distance of most residences. Perimeter walls
would be placed around the project boundary along Taft Highway, Old River
Road, Allen Road, and Panama Lane primarily because of traffic noise from
these arterial roadways.
The majority of residential units would be single-family and would total
approximately 5,979 units. The community would be divided into four sections,
which would be generally delineated by the quadrants created by Buena Vista
anrl McCutchen Roads that would fonn the perimeters. Each section is proposed
to contain four neighborhoods for a total of 16 neighborhoods throughout the
proposed project. At the center of each section would be a community park
within walking distance of residents. Higher density multi-family residential
areas would include approximately 1,058 units, and would be located in three
general areas: two would be adjacent to the southern right-of-way of McCutchen
Road and the third would be at the northeast comer of Allen Road and Taft
Highway. All three would be within an approximate 5- to lO-minute walk of the
retail centers located near the intersection of these main roadways.
A central park and 34.7-acre commercial center would be located at the center of
the proposed project and would be within a IO-minute walk of most residences
within the project. Retail centers would range in size, from 2 to 3-acre
convenience centers to the 34.7-acre commercial center. The smaller retail
centers would be located throughout the project area at locations designed to be
easily accessible to the various smaller villages. The combination of commercial
areas is planned to serve most needs of future residents to promote a self-
contained development theme.
Old River Ranch Project (GPAlZC #03-1528)
Village parks are located at the tenninus of major collectors, and mini-parks are
located within most neighborhoods. The applicant would provide public parks
according to the City's standards (general plan calls for a minimum of 2.5 acres
of neighborhood park space per population of 1,000). At the heart of each
neighborhood would be a mini-park located within a 5-minute walk from most
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City of Bakersfield
Phasing
Statement of Facts. Findings. and
Mitigation Measures
residences within that neighborhood. The minimum sized 1.5-acre mini-park is
intended to serve as a gathering place or focal point for residents within each
neighborhood. Components of these parks would include areas with playground
areas for small children, benches, picnic tables, walkways, shade trees, and
landscaping.
Two regional highways are proposed within close proximity to the project site.
The west beltway is planned more than 0.5 mile west of the site, and SR-119 is
planned for expansion as the south beltway along the southerly boundary of the
site. The project site is divided by a series of planned circulation elements that
include arterial roadways and major collector streets. Collector roadways would
serve as parkways and would be built with landscaped medians, The proposed
project includes requests for modified collector standards within the project area.
Additionally, one residential area south of McCutchen Road and west of Buena
Vista Road would be a guard-gated community and would have private street
standards. The circulation system will include landscaped parkways and bicycle
lanes. The minimum curve radius would be planned according to street design
standards.
Existing oil wells and production facilities would remain integrated within the
project site until such time the production value diminishes. Oil drilling islands
will be identified on the tentative maps during future phases of the proposed
project, with the underlying land use and zoning designations remaining
residential or open space as required by the MBGP.
The proposed project would be developed in about four phases, extending to the
year 2020. The phasing plan generally involves the following:
· Phase I (To Be Completed By 2008) would involve construction of 1,306
low-{ ensity residential units in the northeastern and central portions of the
site, and approximately 191,660 square feet of commercial office uses on 17
acres at the northwest comer of Buena Vista Road and McCutchen Road;
· Phase JI (2012) would involve construction of an additional 1.987
single-family residential units in the northwest portion of the site, 454
multi-family high-medium density residential units in the northeast portion of
the site, and approximately 431,530 square feet of commercial retail uses on
approximately 33.2 acres at the southeast comer of Buena Vista Road and
McCutchen Road, and 5.6 acres in the northwestern portion of the site;
· Phase DI (2016) would involve construction of an additional 489 single-
family residential units and 270 multi-family high-medium density
residential units in the central-western portion of the site, 210 single-family
residential units in the central-eastern portion of the site, and approximately
153,550 square feet of commercial retail uses on approximately 14.1 acres at
the central-eastern portion of the site along Allen Road; and
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City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
. Phase IV (2020) would involve construction of an additional I ,469 single-
family residential units and 334 multiple-family high-medium density
residemial units in the southwestern portion of the site, 518 single-family
residential units in the southeastern portion of the site, and approximately
110,000 square feet of commercial retail uses on 5.5 acres in the southwest
portion of the site and on 4.6 acres in the southeastern portion of the site.
Entitlements and Approvals
The applicant's specific entitlement objective under this environmental document
is to obtain the City's approval of a GPA, Zone Change, Vesting Tentative Tract
Map (financing map), and a Development Agreement. The Draft PEIR would
also be used to support the proposed annexation of the site under separate action
by Kern County LAFCO. Related future approvals include a vesting tentative
tract map, a parcel map for non-residential components, PCD submittals,
Williamson Act Contract Cancellation, possible Conditional Use Pennits (CUP),
and possibly other pennitting actions from other responsible agencies. A
development agreement with the City is being proposed to assure a balance of
public and private benefits, and to protect the applicant's substantial investment
in quality community planning and development. The applicant will prepare
detailed design guidelines to govern implementation of the master plan concept.
Findings of Fact
Findings of Fact are based on infonnation contained within the Draft and Final
PEIR for the proposed Old River Ranch project. The Draft PEIR addresses the
potential effects on the environment that are associated with the proposed project,
and was made available for public review from July 13,2005, and ended on
August 28, 2005. Comments were received from a variety of public agencies,
organizations, and individuals. The Final PEIR contains copies of the comments,
provides responses to those comments, and includes Errata for the Draft PEIR
with changes that were made as a result of the comments received on the Draft
PEIR. This section provides a summary of the significant environmental effects
of the project that are discussed in the PEIR, and provides written findings for
each of those significant effects, accompanied by a brief explanation of the
rationale for each Finding.
Environmental Impacts
Summary of Impacts
The Final PEIR indicated that potentially significant impacts to the following
environmental resources would occur if the proposed project is implemented:
. aesthetics,
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City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
· agricultural resources,
· air quality,
· biological resources,
· cultural resources,
· hazards and hazardous materials,
· hydrology and water quality,
· land use and planning,
· noise,
· public services and utilities,
· recreation, and
· transportation/traffic.
Other environmental impacts were identified and disclosed within the Draft
PEIR. Impacts that were detennined to be less than significant and that would
not require the implementation of mitigation include:
· geology and soils,
· mineral resources, and
· population and housing.
These findings are presented by environmental resource and are presented
separately for environmental impacts that are potentially significant but mitigated
to less than significant levels, and significant unavoidable enviromnental
imryacts. Where mitigation measures are proposed, these mitigation measures are
included in a Mitigation Monitoring Plan, which has been prepared separately
from these Findings of Fact. In addition to the mitigation measures that have
been incorporated into the proposed project, several alternatives were identified
in order to attempt to reduce significant enviromnental impacts associated with
the proposed project.
Environmental Impacts That Are Mitigated to Less Than
Significant levels
The following environmental impacts were found to be potentially significant,
but could be reduced to less than significant levels through the implementation of
appropriate mitigation measures.
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Aesthetics
Impact
AES-l. Implementation of the proposed project could result in impacts from an
increase in nighttime lighting. New lighting would be introduced throughout the
proposed project, including lights within and around the proposed residential
neighborhoods, commercial areas, parks, and within parking lots. Most of the
lighting for the proposed project area would not substantially affect views in this
area, as the light generated would be typical of suburhan development. In
accordance with these standards, a lighting plan would be required for the
proposed project in accordance with as detailed in the Zoning Ordinance.
Mitigation
MM AES-l.l. During the installation of lighting standards, luminaries shall be
provided with filtering louvers and hoods to minimize spill light to adjacent
pr<.operties,
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the 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
A Q-I. The proposed project would generate temporal)' construction emissions
through each phase of project construction. The San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD) has requires implementation of effective
and comprehensive control measures. Construction emissions would consist of
particulate matter (PMIO), reactive organic compounds (ROG), and nitrogen
oxides (NOx). SJVUAPCD, compliance with Regulation VIII would mitigate
construction emissions.
Mitigation
MM AQ-l.l. Comply with Regulation VIII to Minimize Construction
Emissions. The project applicant shall comply with SJVUAPCD Regulation VIII
and implement additional construction vehicle emissions reduction measures. To
control the generation of construction-related PMlO fugitive dust and exhaust
emissions, the project applicant shall comply with SJVUAPCD Regulation VIII
and the measures summarized below.
SJVUAPCD Regulation VIII Control Measures for Constrnction
Emissions ofPMlO:
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Oid River Ranch Project (GPAfZC #03-1528)
City of Bakersfield Statement of Facts, Findings, and
Mitigation Measures
· All disturbed areas, including storage piles that are not being actively utilized
for construction purposes, shall be effectively stabilized of dust emissions
using water, chemical stabilizerlsuppressant, or by covering with a tarp or
other suitable cover or vegetative ground cover.
· All onsite unpaved roads and offsite unpaved access roads shall be
effectively stabilized of dust emissions using water or chemical
stabilizerlsuppressant.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut
and fill, and demolition activities shall be effectively controlled of fugitive
dust emissions utilizing application of water or by presoaking.
· With the demolition of buildings up to 6 stories in height, all exterior
surfaces of the building shall be wetted during demolition.
· When materials are transported off site, all material shall be covered or
effectively wetted to limit visible dust emissions, and at least 6 inches of
freeboard space from the top of the container shall be maintained.
· All operations shall limit or expeditiously remove the accumulation of mud
or dirt from adjacent public streets at the end of each workday. (The use of
dry rotary brushes is expressly prohibited except where preceded or
accompanied by sufficient wetting to limit the visible dust emissions. Use of
blower devices is expressly forbidden.)
· Following the addition of materials to, or the removal of materials from, the
surface of outdoor storage piles, said piles shall be effectively stabilized of
fugitive dust emissions utilizing sufficient water or chemical
stabilizerlsuppressant.
· Within urban areas, trackout shall be immediately removed when it extends
50 or more feet from the site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
SJVUAPCD Control Measures for Construction Equipment Exlulust
Emissions:
· Use aqueous diesel fuel, particulate filters, and lean NOx catalysts in all
diesel powered off-road construction equipment.
· Minimize idling time (e.g., 10 minute maximum).
· Limit the hours of operation of heavy-duty equipment andlor the amount of
equipment in use.
· Replace fossil-fueled equipment with electrically driven equivalents.
· Curtail construction during periods of high ambient pollutant concentrations;
limiting construction may include ceasing of construction activity during the
peak hour of vehicular traffic on adjacent roadways.
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Oid River Ranch Project (GPAlZC #03-1528)
City of Bakersfield Statement of Facts, Findings, and
Mitigation Measures
· Implement activity management (e.g., rescheduling activities to reduce short-
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.
Additional Control Measures to Reduce Architectural Coaling
Emisswns:
· Use architectural coatings that average 100 grams volatile organic
compounds (VOC) per liter or less for residential indoor, 50 grams VOC per
liter for residential outdoor, and 250 grams VOC per liter for non-residential
applications.
Finding
Changes or alterations have been incorporated into the project that avoid or
substantially lessen the significant environmental effects. These changes are
identified in the 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. Operational air quality impacts would occur from emissions related to
vehicle traffic and from stationary and area emission sources. Area source
emissions include those from natural gas combustion for water and space heating,
landscaping equipment, and personal household product use. The emissions that
would be reduced by the retirement of the fanned portion of the property were
credited to the emissions created by the proposed project. The resulting
emissions equal 0.8 tons ofROG per year, 8.9 tons of NO x per year, and 13.9
tons of PM 10 per year. These emissions exceed SJVUAPCD thresholds.
Mitigation
MM AQ-2-1. The URBEMIS2oo2 model identifies several measures that can
be used to minimize emissions associated with residential projects. These
measures that shall be included as part of operations of the proposed project
include:
. increasing energy efficiency measures in all buildings to ensure that they are
10% more efficient than the energy requirements established by California
Title 24 and
. ensuring that 50 % of all landscape maintenance equipment used in
commercial applications is electrically powered,
URBEMIS quantifies the effectiveness of these mitigation measures. This
mitigation measure would reduce building energy consumption-related emissions
Old River Ranch Project (GPAlZC #03-1528)
September 2005
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J&S04191
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
by 10%, anj landscape emissions would be reduced by 50%. After mitigation,
the residual emissions would still be greater than the SJVUAPCD significance
thresholds because the majority of operational emissions are from motor vehicle
trips.
MM AQ-2.2. Prior to the issuance of the first building pennit, the project
applicant shall enter into an agreement with the SJVUAPCD for the mitigation of
NOX, ROG, and PMlO emissions. This agreement may include, but is not
limited to, the payment of fees to the district for the purpose of offsetting project
emissions. Examples of such a program would be the purchase of new diesel
engines for heavy-duty trucks and agricultural equipment, retrofitting diesel
engines with controls (e.g., oxidation catalyst, diesel particulate filter), and
conversion of City-owned vehicles from gasoline and diesel to compressed
natural gas engines. This emissions offset program would be coordinated with
and approved by the SJVUAPCD and based on estimates of achievable emissions
reductions. This offset program would reduce emissions in sufficient quantities
such that the net increase in regional emissions would be zero. With
implementation of this mitigation. the impact would be reduced to less-than-
significant levels.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Bioloaical Resources
Impacts
BIO-2. Development of the site could result in direct or indirect impacts to the
federally listed endangered and state-listed threatened San Joaquin kit fox. While
habitat features and other signs for this species are not present on site, the species
is known to occur in the vicinity of the site. Therefore, there is potential for this
species to occur on site, and impacts to this species could be significant.
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
The presence of native trees and shrubs on site provides suitable nesting and
roosting habitat for migratory bird species, including the state-listed threatened
Swainson's hawk, protected under the Migratory Bird Treaty Act. Development
of the site could result in impacts to these species.
Development of the site could result in direct or indirect impacts to the CDFG
species of concern burrowing owl. This species was observed on site on
McCutchen Road and along a drainage ditch canal in the southeast quarter of
Section 36. Impacts to this species would be significant. This species is not
covered under the Metropolitan Bakersfield Habitat Conservation Plan
(MBHCP).
Mitigation
MM BIO-2.1. Pay Development Impact Fees Pursuant to the Metropolitan
Bakersfield Habitat Conservation Plan. The San Joaquin kit fox is a covered
species within the MBHCP. The payment of development impact fees is
considered adequate mitigation under the MBHCP to minimize impacts to
sensitive species. The fees are placed in an account for habitat acquisition and
management to be used by the MBHCP Trust Group. Upon application and
approval of future tract map phases within the proposed Old River Ranch project
area, the applicant shall pay the required mitigation fee or fees. Upon the
payment of this fee and receipt of City project approval, a development applicant
would become a sub-pennittee and would be allowed the "incidental take" of the
species in accordance with state and federal endangered species laws and
mitigation requirements of all parties, state, federal, and local (MBHCP).
Payment to the plan would reduce impacts to less-than-significant levels.
MM BIO-2.2. Construction Shall Be Conducted Outside of Breeding Season
for Birds. To avoid impacts to nesting birds, including the Swainson's hawk, no
ground disturbance, site clearing, or removal of any potential nesting habitat shall
be conducted within the typical breedinglnesting season for birds (February 15 to
August 30).
or,
MM BIO-2.3. Conduct Preconstruction Survey for Nesting Birds, Prior to any
ground-disturbing activities, a qualified biologist shall conduct surveys for
nesting birds, including raptors. The surveys shall occur at a minimum of 3 days
prior to the clearing, removal, or trimming of any vegetation. Surveys shall
include areas within ZOO feet of the edge of the project boundary and the entire
project site. If active nests are found, a 50-foot (minimum) fence barrier shall be
erected around the nest site. A 200-foot barrier shall be required for any raptor-
nesting site, No habitat removal or any other work shall be allowed to occur
within the fenced nest zone until a qualified biologist confirms that the young
have fledged and have left the nest.
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Old River Ranch Project (GPAlZC #03-1528)
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City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
MM BIO-2.4. Conduct Preconstruction Survey for Burrowing Owls. Prior to
ground-disturbing activities, a qualified biologist shall conduct surveys for
burrowing owls in accordance with the Staff Report on Burrowing Owl
Mitigation (CDFG 1995) and the California Burrowing Owl Consortium
guidelines (Santa Cruz Predato¡y Bird Research Group 2005). The survey will
be conducted over the entire site and, where possible, 150 feet around the project
site. If no burrows or burrowing owls are identified, then no further action is
required.
If burrows or burrowing owls are identified, then the following mitigation should
be implemented. If possible, when burrowing owls are detected during the
breeding season, impact should be avoided. A no-disturbance buffer zone should
be delineated in a 75-meter radius around the occupied burrow. No ground
disturbance would be pennitted in the no-disturbance buffer zone until a
qualified biologist has detennined that the young have fledged.
Finding
Changes or alt..:rations 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
BIO-3. There are no migration corridors or wildlife nurseries on site. However,
because the site contains a number of tall trees, the site has the potential to be
used by nesting birds and to provide resting and foraging habitat for migratory
birds, including the Swainson's hawk.
Mitigation
Implement either Mitigation Measure MM BIO-22 or MM BIO-2.3 (as detailed
above) .
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant 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
BIO-5. The proposed development does not conflict with any City ordinance or
policies and complies with the MBGP and the MBHCP, Payment of
development impact fees would reduce impacts to species covered under the
MBHCP.
Old River Ranch Project (GPAlZC #03-1528)
September 2005
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City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
Mitigation
Implement Mitigation Measure MM BIO-2.1 (as detailed above).
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby fmds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Cultural Resources
Impacts
CR-l. Four prehistoric archaeological sites, one historical archaeological site
and seven prehistoric isolated artifacts were located within the proposed project
area. No further work is necessary for the seven prehistoric isolated artifacts as
recordation is considered sufficient mitigation, However, ground-disturbing
activities, typically associated with construction, could impact the four
potentially significant prehistoric archaeological sites as well as the one
potentially significant historical archaeological site,
Mitigation
MM CR-l.l. Perfonn Subsurface Test-Level Investigations for Identified
Prehistoric Sites. Prior to tentative tract map approval or recordation of final
map for affected parcels, a qualified archaeologist shall be retained by the
developer to perfonn a subsurface test-level investigation for the four prehistoric
archaeological sites (Destefani-3, PM#I, PM#2, and PM#3), and one historical
archaeological site (PM#H), and surface collection as appropriate. The test-level
report evaluating the site shall include a discussion of significance (i.e., depth,
nature, condition, and extent of resources), fInal mitigation recommendations,
and cost estimates, Any resource identified shall be recorded, excavated, and
curated, as appropriate. Prior to the issuance of a grading pennit and based on
the report recommendations, fInal mitigation shall be carried out, which may
include recordation, excavation, and curation.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identifIed in the fonn of a mitigation measure as presented above, The City
hereby fmds that implementation of the mitigation measure above is feasible. and
is therefore adopted.
Impact
CR-2, Buried cultural resources that were not identified during field surveys
could be inadvertently unearthed during ground-disturbing activities, which
could result in the demolition or substantial damage to signifIcant cultural
resource8,
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Mitigation
MM CR-2.1. Contact a Qualified Archaeologist if Buried Cultural Resources
Are Inadvertently Discovered during Ground-Distuibing Activities. If buried
cultural resources, such as chipped or ground stone, historic bottles or cerallÙCS,
building foundations, or non-human bone are inadvertently discovered during
ground-distuibing activities, work will stop in that area and within 100 feet of the
find until a qualified archaeologist can assess the significance of the find and, if
necessary, develop appropriate treatment measures. Treatment measures
typically include development of avoidance strategies, capping with fill material,
or mitigation of impacts through data recovery programs such as excavation or
detailed documentation.
Sites discovered having relevance to Native Americans shall be made known to
the appropriate individualslagencieslgroups as detemùned by the archaeologist in
consultation with the Lead Agency.
If archaeological sites are discovered on site during construction, and an
archaeologist is contacted to detemùne 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 pemùt the sampling, identification, and evaluation
of the artifacts as appropriate.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
CR-3. Bu:ied human remains could be inadvertently unearthed during
excavation activities, which could result in damage to these human remains.
Mitigation
MM CR-3.1. Treatment of Human Remains Inadvertently Discovered during
Ground-Disturbing Activities. If human remains of Native American origin are
discovered during project construction, it is necessa¡y 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 distuibance of
the site or any nearby area reasonably suspected to overlie adjacent human
remains until:
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City of Bakersfield Statement of Facts, Findings. and
Mitigation Measures
. the corrmer of Kern County has been informed and has determined that no
investigation of the cause of death is required, and
. if the remains are of Native American origin,
a. the Native American Heritage Commission was unable to identify a
descendant or the descendant failed to make a recommendation within 24
hours after being notified by the commission, or
b. the descendants of the deceased Native Americans have made a
recommendation to the landowner or the person responsible for the
excavation work for means of treating or disposing of, with appropriate
dignity, the human remains and any associated grave goods as provided
in Public Resources Code Section 5097.98.
According to California Health and Safety Code, six or more human burials at
one location constitute a cemetery (Section 8100) and disturbance of Native
American cemeteries is a felony (Section 7052). Section 7050.5 requires that
construction or excavation be stopped in the vicinity of discovered human
remains until the coroner can determine whether the remains are those of a
Native American. If the remains are determined to be Native American, the
coroner must contact the California Native American Heritage Commission.
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.
Hazards and Hazardous Materials
Impacts
HAZ-4. The proposed project site is not listed in a state or federal database of
sites known to have experienced a hazardous materials spill or incident, other
than those databases that list known oil and water wells. However, there is a
potential that hazardous materials have contaminated isolated portions of the
proposed project site as a result agricultural and petroleum-producing activities
as well as associated infrastructure such as pipelines, storage tanks, equipment
use, wells, etc. Accordingly, the site contains a number of locations that could
pose a health risk to future workers and residents if not appropriately
characterized and appropriately remediated prior to development of the proposed
project. These risks could occur from:
. Matcri¡Js containing asbestos
. Hazardous materials stored onsite in aboveground storage tanks (ASTs) and
drums
Old River Ranch Project (GPNZC #03·1528)
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City of Bakersfietd Statement of Facts, Findings, and
Mitigation Measures
· Subsurface impacts from unauthorized release(s) of fuel and other
constituents from the onsite ASTs
· Stained soil from uses associated with the operation of agricultural
equipment, oil wells, pump stations, storage tanks such as those in the
various storage yards, and fertilizerlpesticides, and through spraying and
application of these materials.
· Fertilizers, pesticides, heIÙicides, and petroleum residues
· Groundwater impacts from the above materials if leached into the ground
· Dangers associated with groundwater wells (i.e., children falling into wells)
· Improper abandonment of oil wells
· Potential oil-based, toxic, drilling muds (containing hydrocarbons and/or
methane) associated with the onsite oil wells
· Existing natural gas pipelines and oil pipelines that may be breached or could
have experienced leaks
· Power poles and transfonners that could potentially contain polychlorinated
biphenyls (PCBs), and potential soil residues
· Potentially septic tank(s)
Mitigation
MM HAZ-4.1. Evaluate and Abate Asbestos. Prior to tentative tract map and
grading approvals, all areas containing structures that have the potential to
contain ACBMs shall be inspected and evaluated by an asbestos specialist to
detennine the potential to contain such materials. These include structures built
beiore the 1970s, as well as debris piles containing remnant concrete irrigation
pipe. All matl"rials detennined to contain asbestos or have a high likelihood to
contain asbestos shall be abated and shall be disposed of at an appropriate
hazardous materials disposal site by a qualified hazardous materials specialist.
MM HAZ-4.2. Conduct Soil Sampling at Aboveground Storage Tank
Locations and Remediate as Necessary. Prior to issuance of grading pennits for
the each subsequent development phase within project Areas 1,2,3, or 4 (as
delineated in this Hazards and Hazardous Materials section), soil sampling and
analyses shall be conducted in the vicinity of aboveground and underground
storage tanks, particularly the three I,OOO-gallon and one IO,OOO-gallon diesel
fuel. ASTs associated with three existing water wells on site. Such testing also
shall occur at selected locations in the equipment storage/maintenance yard to
defme the vertical extent of diesel fuel contamination. Should the analysis of
stained soils reveal that contamination is below toxic limits, no further action
would be required. However, if remediation is recommended, then the
contaminated soil shall be removed andlor remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB requirements prior to site development.
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
MM HAZ-4.3. Conduct Soil Sampling at Equipment StoragelMaintenance
Yard and Remediate as Necessary. Prior to issuance of grading pennits for the
subject areas, soil sampling and analyses at selected locations in the equipment
storagelmaintenance yard shall be completed to define the vertical extent of
diesel fuel contamination. Should the analysis of stained soils reveal that
contamination is below toxic limits, no further action would be required.
However, if remediation is recommended, then the contaminated soil shall be
removed andlor remediated according to state and local guidelines, and the site
shall be properly closed according to Central Valley RWQCB requirements prior
to site development.
MM HAZ-4.4. Remove Diesel-Impacted Soil Near Soil Boring 5. Prior to
issuance of grading pennits for the area near Soil Boring 5, located on the south
side of the fenced equipment storage and maintenance yard, approximately 150
fet:t west of Buena Vista Road (associated with the 1 ,ooo-gallon diesel AST
serving an irrigation well), the contaminated soil shall be removed. A backhoe or
excavator shaH remove the diesel-impacted soil at the location due to the
unknown depth of the contamination. The walls and floor of the excavation shall
be sampled when the diesel-impacted soil appears to be removed based on visual
observation. Samples shall be sent to a state-certified laboratory for analysis.
Contaminated soil shall be stockpiled or containerized in 55-gallon sealed drums
and labeled as to the contents. Disposed of according to State and local
guidelines. Following remediation, the site shall be properly closed according to
Central Valley RWQCB requirements prior to site development.
MM HAZ-4.5. Conduct Soil Sampling Near Agricultural Water Well and
Remediate as Necessary. Prior to issuance of grading pennits for the proposed
project, soil sampling and analyses shall be conducted in the vicinity of the
1 ,ooo-gallon diesel fuel AST associated with an agricultural water well located in
the northeastern portion of the subject site to define the vertical extent of diesel
fuel contamination. Should the analysis of impacted soils reveal that
contamination is below toxic limits, no further action would be required.
However, if remediation is recommended, then the contaminated soil shall be
removed andlor remediated according to state and local guidelines, and the site
shall be properly closed according to Central Valley RWQCB requirements prior
to site development.
MM HAZ-4.6. Remove Oily Waste Drums and Containers. Prior to site
development, the two fulllpartially full 55-gallon drums and one 5-gallon
container of oily waste located northwest of the barn shall be removed from the
subject site by a licensed contractor and properly disposed of off site.
MM HAZ-4.7. Sample and Analyze Soil Near Aboveground Tanks in Central
Storage Yard, and RemovelRemediate as Necessary. Prior to issuance of grading
pennits, soil samples shall be collected from under the 550-gallon AST and 1,000
gallon diesel AST within the southeastern portion of the storage yard in the
central portion of the site. These samples shall be analyzed to detennine the
presence or absence of concentrations of petroleum fuel constituents. Should the
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City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
analysis of impacted soils reveal that contamination is below toxic limits, no
further action would be required, However, if remediation is recommended, then
tht. contaminated soil shall be removed andlor remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB œ-quirements prior to site development.
MM HAZ-4.8. Sample and Analyze Soil Near I ,OOO-Gallon Low Sulfur Dyed
Diesel Tank, and RemovelRemediate as Necessary. Prior to issuance of grading
pennits, soil sampling and analyses shall be conducted beneath the I,OOO-gallon
AST labeled "low sulfur dyed diesel" on the unpaved ground surface in the
central portion of the subject site to assess the extent and concentrations of diesel
fuel impacts. Should the analysis of impacted soils reveal that contamination is
below toxic limits, no further action would be required. However, if remediation
is recommended, then the contaminated soil shall be removed andlor remediated
according to state and local guidelines, and the site shall be properly closed
according to the Central Valley RWQCB requirements prior to site development.
MM HAZ-4.9. Sample and Analyze Stained Soils, and RemovelRemediate as
Necessary. Prior to issuance of grading pennits, soil samples shall be collected
and analyzed at two areas of stained soil in the northwestern and central portions
of the site to assess the extent and concentrations of subsurface impacts by
related constituents of concern. Should the analysis of impacted soils reveal that
contamination is below toxic limits, no further action would be required,
Hcwever, if remediation is recommended, then the contaminated soil shall be
removed andlor remediated according to state and local guidelines, and the site
shall be propedy closed according to Central Valley RWQCB requirements prior
to site development.
MM HAZ-4,lO. Place Secondary Containment Structures beneath All
Aboveground Tanks until Removal. For all ASTs that do not contain secondary
containment structures, secondary containment shall be placed beneath all onsite
ASTs until the removal of the AST occurs for the redevelopment of the subject
site, in order to minimize potential unauthorized releases of hazardous materials
from potentially impacting the site.
MM HAZ-4.l1. Assess and RemovelRemediate Near Metal Pipe. Prior to
issuance of grading pennits, the approximately 3 inch diameter metal pipe that is
protruding from the ground in the northeastern portion of the subject site shall be
assessed with a backhoe to detennine evidence of subsurface soil impacts by
gasoline fuel constituents. Following the subsurface excavation, if soil sampling
and analysis is necessary to further assess the concentration and extent of
potential impacts, soil samples shall be collected and analyzed to detennine the
extent and concentrations of subsurface impacts by related constituents of
concern. Should the analysis of impacted soils reveal that contamination is
below toxic limits, no further action would be required. However, if remediation
is recommended, then the contaminated soil shall be removed andlor remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to site development. 'ô~ j(.~
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City of Bakersfield
Statement of Facts, Findings. and
Mitigation Measures
MM HAZ-4.12. Remove Waste Oil Drum. Prior to grading of the site, the
existing 55-gallon drum of waste oil located in the northern portion of the site
adjacent to the onsite agricultural water well shall be transported off site for
proper disposal by a licensed contractor as soon as possible so that the potential
threat of a release to the site is minimized.
MM HAZ-4.13. Sample and Analyze Soil Near Aboveground Tanks at the
Gosford-Coulter Tank Fann, and RemovelRemediate as Necessary. Prior to
issuance of grading permits, soil samples shall be collected from beneath the
three onsite ASTs without secondary containment features at the Gosford-Coulter
Ta,1k Farm facility in the central portion of the subject site. The soil samples
should be analyzed to determine the presence or absence of concentrations of
total recoverable petroleum hydrocarbons, solvents, and hazardous constituents
of antifreeze. Should the analysis of impacted soils reveal that contamination is
below toxic limits, no further action would be required. However, if remediation
is recommended, then the contaminated soil shall be removed andlor remediated
according to state and local guidelines, and the site shall be properly closed
according to Central Valley RWQCB requirements prior to site development.
MM HAZ-4.14. Sample and Analyze Soil Near Aboveground Drums, and
RemovelRemediate as Necessary. Prior to issuance of grading permits, soil
samples shall be collected and analyzed in the location beneath the onsite, stand-
mounted, 55 gallon drum labeled as lube oil and the steel-rack-mounted 55-
gallon drum labeled as gear oil at the tank farm facility to determine the presence
or absence of concentrations of petroleum hydrocarbons. Should the analysis of
impacted soils reveal that contamination is below toxic limits, no further action
would be required. However, if remediation is recommended, then the
contaminated soil shall be removed andlor remediated according to state and
local guidelines, and the site shall be properly closed according to Central Valley
RWQCB requirements prior to site development.
Ml\1 HAZ-4.15. Sample and Analyze Soil Near Aboveground Crude Oil
Tanks, and RemovelRemediate as Necessary. Prior to issuance of grading
permits, soil sampling and analysis shall be conducted for the locations of the
four fonner crude-oil ASTs in the east-central portion of the tank fann facility to
determine the extent of crude-oil impacts and to determine the presence or
absence of concentrations of petroleum fuel constituents. Should the soil
analysis reveal that contamination is below toxic limits, no further action would
be required. However, if remediation is recommended, then the contaminated
soil shall be removed andlor remediated according to state and local guidelines,
and the site shall be properly closed according to Central Valley RWQCB
requirements prior to site development.
Old River Ranch Project (GPAlZC #03-1528)
MM HAZ-4.16. Abandon/CloselDestroy Water Wells. Prior to issuance of any
grading permits, all existing water wells shall be properly abandoned/closed
and/or destroyed in accordance with state and local guidelines and shall be
evaluated and verified by the Water Section of the Kern County Certified Unified
Protection Agency. P AK"
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City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
MM HAZ-4.17. Evaluate and Abandon Fonner Oil Wells, and Properly Close,
Clean, and Re-Abandon, as Necessary. Prior to issuance of grading pennits,
inactive or previously abandoned oil wells in the proposed project area defined
by the corresponding set of tract map(s) shall be evaluated to ensure that the
existing abandonment conditions meet or exceed current DOGGR standards. If
not, they shall be properly closed, cleaned, and abandoned or re-abandoned in
accordance with all applicable state and local guidelines prior to any ground
disturbing activities. All existing inactive oil wells, abandoned oil wells, or shut-
in oil wells shall be required to implement a closure plan to render all wells inert
and to confonn to DOGGR oil well abandonment or re-abandonment procedures.
The applicant shall be required to file a Notice of Intent to Abandon Well fonn
with DOGGR. The notice shall include all required abandonment procedures on
a well-by-well basis in accordance with Article 14, Chapter 3, Sections 1723
through 1723.9 of the CCR. Abandonment of wells shall be perfonned and
verified to the satisfaction of DOGGR.
MM HAZ-4.18. Test and RemovelRemediate Soil Near Buried Oil Wells. At
the time grading operations proceed, an excavator shall be used to remove soil
overlying and surrounding each of the buried abandoned oil wells that were
discovered on site at their staked locations. When safe access has been provided
at each loc¡,tion, each well shall be tested for methane emissions. This testing
will verify the integrities of the abandonment plugs. Once the wells have been
exposed, further geophysical testing may continue in order to locate, insofar as
possible, the mud pits andlor production sumps associated with the wells. These
pits and sumps might be expected to be located within a 75-foot radius of each
well. Once the pits and sumps are located, analytical samples shall be collected
in order to detennine their contents. Upon analysis of the collected samples, a
detennination shall be made regarding subsequent remedial actions. Prior to
commencement of any construction activity in these areas, final confinnation and
a closure statement shall be obtained by the City of Bakersfield Fire Department
ESD. If the City of Bakersfield Fire Department ESD is not satisfied that all
potentially hazardous materials have been removed to acceptable concentrations,
a remedial action plan shall be developed and implemented to the division's
satisfaction.
MM HAZ-4.19. Fence All Oil Wells. Prior to occupancy of any residence
within the project area, each area containing (an) oil well(s) (either active,
abandoned, or shut-in) shall be made inaccessible with chain-linked fence until
such time that they have been closed and abandoned to the satisfaction of
DOGGR,
MM HAZ.-4.20. Evaluate and RemovelRemediate Oil Mud Pits, Prior to the
approval of final tentative tract maps and grading plans, all areas surrounding
fonner or current oils wells that contain oil mud pits or residues thereof shall be
evaluated through subsequent sampling and testing to detennine their
characteristics and vertical and lateral extent. All areas contain drilling muds and
such residues shall be excavated, and the removed soils shall be disposed of at an
appropriate hazardous materials disposal site according to state and local <" V, jJ, II E'f
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City of Bakersfield
Statement of Facts, Findings. and
Mitigation Measures
guidelines. All work shall be completed to the satisfaction of the DTSC and
DOGGR.
MM HAZ-4.21. Remove Oil and Gas Pipelines and Associated Contaminated
Soils. Prior to the approval of grading pennits, all abandoned oil and gas
pipelines shall be removed, and the soil conditions shall be monitored by a
qualified hazardous materials specialist. If soil staining is evident, removal
actions shail cease in the vicinity until the nature of the stain is detennined. All
areas containing petroleum-stained soils shall be excavated, and the removed
soils shall be disposed of at an appropriate hazardous materials disposal site
according to state and local guidelines to the satisfaction of DTSC and DOGGR,
MM HAZ-4.22. Test and RemovelRemediate Petroleum-Stained Soils. Prior
to final tentative tract map and grading approvals, all areas in the project
boundaries showing evidence of petroleum-stained soils shall be evaluated
through subsequent testing to detennine the vertical and lateral extent of any such
spilL All areas contain spilled oil or other petroleum products shall be excavated,
and the removed soils shall be disposed of at an appropriate hazardous materials
disposal site according to state and local guidelines. All work shall be completed
to the satisfaction of the DTSC.
MM HAZ-4.23. Remove Potential PCB-Containing Transformers. Prior to the
approval of grading pennits, power poles containing transformers suspected of
containing PCBs shall be removed by a qualified hazardous materials specialist
as coordinated by PG&E to the satisfaction of the City of Bakersfield Fire
Department ESD. These items shall be disposed of at an appropriate hazardous
materials disposal site to the satisfaction of DTSC.
MM HAZ-4.24. Delineate and RemovelRemediate Soil with PCB Content.
Prior to the approval of grading pennits, the location of the fonner transfonner
fire and subsequent release of PCBs in 1990 near the intersection of Buena Vista
and McCutchen Roads shall be completely delineated and remediated as
necessary. Soil samples shall be collected from the northeastern corner of the
subject site and analyzed for PCB content. Should the soil analysis reveal that
the soils are clean, then no further action would be warranted. However, if
remediation is recommended, then the contaminated soil shall be removed andlor
remediated according to state and local guidelines, and the site shall be properly
closed according to Central Valley RWQCB requirements prior to development
of the site.
MM HAZ-4.25. Remove/AbandonlClose Septic Tanks. Prior to the approval
of final tentative tract maps and grading approval, all septic tanks shall be
removedlabandonedlclosed in accordance with applicable state and local
guidelines.
HydroloQY and Water Quality
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Impacts
WQ-3. Construction and placement of residential units, landscaping, roadways,
and other impermeable surfaces would alter the existing drainage patterns of the
site by preventing precipitation from entering the soil column. Water that was to
drain off site would be required by the County of Kern and the City to be directed
into storm drainage infrastructure (i.e., catchment basins in project streets and
onsite stormwater distribution pipes) that would collect and transport water to
onsite sumps where it would percolate the soil and drain into the substrata.
Construction would create bare ground that would be exposed to potential
erosion; any erosion would create a significant impact because it could
potentially flow into downstream waterbodies if not properly contained during
construction. Compliance with a general NPDES pennit is required for direct or
indirect discharges of stormwater runoff to waters of the United States from
construction projects that cause soil disturbance and potential runoff. Adherence
to the NPDES pennit requires that the applicant develop and implement a
SWPPP. The SWPPP specifies that BMPs be used in order to prevent
construction pollutants from contacting stormwater and to stop all products of
erosion from moving off site into receiving waters.
Mitigation
MM WQ-3.1. Minimize Erosion Effects on Water Quality. Prior to final
approval of subsequent individual tentative tract maps and authorization of
grading plans, a SWPPP shall be made available to the City Engineer for
inspection and comment. The SWPPP shall identify erosion minimization and
control provisions, pollution detection provisions, and pollution
elimination/minimization provisions. The SWPPP shall include best available
technology, engineering, and design solutions such as the use of silt screens, hay
bales, modern trash screens, energy dissipaters, andlor absorbent devices.
Stormwater runoff water quality monitoring procedures shall be clearly detailed
in the SWPPP.
Finding
Changes or alterations have been incOlporated 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
heæby 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. 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 x 'òAKE'..s>
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City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
endangered species laws. Payment of development impact fees would reduce
im'Jacts to species covered under the MBHCP.
Mitigation
MM 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. The fees are placed
in an account for habitat acquisition and management to be used by the MBHCP
Trust Group, Upon application and approval of future tract map phases within
the proposed Old River Ranch project area, the applicant shall pay the required
mitigation fee or fees. Upon the payment of this fee and receipt of City project
approval, a development applicant would become a sub-pennittee and would be
allowed the "incidental take" of the species in accordance with state and federal
endangered species laws and mitigation requirements of all parties, state, federal,
and local (MBHCP). Payment to the plan would reduce impacts to less-than-
significant levels.
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.
Noise
Impact
During the construction of the proposed project, noise from construction
activities would potentially impact noise-sensitive land uses in the immediate
area. Activities involved in construction would generate noise levels at 50 feet.
Noise levels will typically drop off at a rate of 6 dB per doubling of distance.
Construction noise could result in annoyance or sleep disruption for nearby
residents if nighttime operations were to occur or if equipment were not properly
muffled or maintained.
Mitigation
MM NOI-l.l. Limit Hours of Construction Operations. Construction activity
located within 1,000 feet of residences shall be limited to the hours between the
hours of 6 a.m. and 9 p.m. on weekdays, and between 8 a.m. and 9 p.m. on
weekends.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified ill the form of a mitigation measure as presented above. The City
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Old River Ranch Project (GPAlZC #03·1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
NO I - 3. Traffic noise exposure on proposed noise-sensitive land uses within the
project site was analyzed. Traffic noise exposure at new residences could exceed
the City's 65 dB CNEL noise compatibility threshold for residences. Residences
along the perimeter of the proposed project site could be exposed to interior noise
exceeding 45 dB CNEL. Because exterior and interior areas of residences could
be exposed to traffic noise exceeding 65 dB CNEL and 45 dB CNEL
respectively, this impact is considered to be significant.
Mitigation
MM NOl-3.1. Minimize Outdoor Noise Levels from Traffic. Outdoor activity
areas of residential areas shall be designed such that noise from traffic does not
exceed 65 dB CNEL. The project applicant for each tract map shall retain a
qualified acoustical consultant to design treatments for residences located
adjacent to roadways in and around the proposed project area such that exterior
noise levels under 2030-with-project conditions does not exceed 65 dB CNEL at
outdoor activity areas. Treatments may include methods such as construction of
a soundwall or earth benn between the new residences and the roadway or
placement of building structures between roadway and outdoor activity areas.
The acoustical consultant will prepare and submit to the City a report detailing
the acoustical treatments to be used for compliance with this perfonnance
standard. The report must be reviewed and approved by the City before a
building pennit will be issued. The design of project buildings will reflect the
approved report.
MM NOI-3.2. Minimize Interior Noise Levels from Traffic. Interior areas of
residential units shall be designed such that noise from traffic does not exceed 45
dB CNEL. The project applicant for each tract map shall retain a qualified
acoustical consultant to ensure that interior noise levels at residences does not
exœed 45 dB Ldn under 2030-with-project traffic conditions. If treatments are
necessary, treatments may include installing acoustically rated doors and
windows and blocking sound transmission paths through vents or other openings
in the building shell. The acoustical consultant will prepare and submit to the
City a report detailing compliance with the interior noise perfonnance standard
or, if necessary, the acoustical treatments to be applied to the building for
compliance with the interior noise perfonnance standard. The report must be
reviewed and approved by the City before a building pennit is issued.
Impact
NOI-4. Commercial uses that could be allowed under the general plan and
planned wning include a wide range of commercial retail, office uses, service
uses, and restaurants, to name a few. Noise sources commonly associated with
commercial property include air conditioning units, trash compactors, fans,
compressors, and truck deliveries. Noise from these types of equipment and
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City of Bak...sfield
Statement of Facts. Findings. and
Mitigation Measures
activity could result in noise at residences that exceeds City noise standards for
non-transportation noise sources.
Mitigation
MM NOI-4.I. Minimize Noise from Commercial Sources. Commercial uses
shall be designed such that noise from operations does not exceed City noise
standards for non-transportation sources. The project applicant for each tract
map shall retain a qualified acoustical consultant to design treatments for
commercial and industrial uses such that residences located adjacent to these uses
would not be exposed to noise exceeding City standards for non-transportation
uses. Treatments may include methods such as:
· limits on hours of operations (in accordance with Noise Standards in Table
3K-3),
· use of enclosures or localized barriers around equipment noise sources,
· placement of barriers between the residences and commercial and industrial
uses, and
· use of mufflers on equipment exhaust.
The acoustical consultant will prepare and submit to the City a report detailing
the acoustical treatments to be used for compliance with this 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.
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
NOI-5. Several oil wells are located between Barlow Road and the Allen Road
alignment. They are powered by diesel or natural gas internal combustion
engines. At a distance of 25 feet, the engines typically produce an energy
av~rage (Leq) noise level of 75 dBA and an LSO noise level of 74 dBA.
Residences within about 225 feet of an oil well would be exposed to noise
exceeding the City's daytime standard of 55 dB LSO . Residences located within
400 feet of an oil well would be exposed to noise exceeding the City's nighttime
standard of 50 dB LSO,
Mitigation
MM NOI-5.I. Minimize Noise from Oil Wells. Residential uses shall be
designed such that noise from oil well operations does not exceed City noise
standards for non-transportation sources at residences on the project site. The
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City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
project applicant shall retain a qualified acoustical consultant to design
treatments for the oil wells or the residences such that residences located adjacent
to oil wells would not be exposed to noise exceeding City standards for non-
transportation uses. Treatments may include methods such as:
· conversion of oil well diesel motors to electric motors,
· limiting hours of oil well operation,
· use of enclosures or localized barriers around the oil wells, and
· placement of barriers between the residences and oil wells.
The acoustical consultant will prepare and submit to the City a report detailing
the acoustical treatments to be used for compliance with this perfonnance
standard for each tract map. The report must be reviewed and approved by the
City before a building pennit will be issued. The design of residential uses will
reflect the approved report.
Finding
Changes or alterations have been 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.
Public Services and Utilities
Impact
PS-6. Constmction of the proposed project would generate debris that would
require disposal at area landfills. Construction debris would be recycled, which
would further reduce debris in the waste stream.
Mitigation
MM PS-6.1. Recycle Construction Debris. Prior to the issuance of any
building pennit, developers within the proposed project site shall submit to the
City for review and approval a plan to separate recyclable/reusableconstruction
debris. The plan shall include the method the contractor will use to haul
recyclable materials and shall include the method of and location of material
disposal. The builders shall be responsible for hauling their own construction
debris to the Mount Vernon Recycling Center or entering into a contract with a
licensed hauler for disposal of construction debris.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the 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.
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City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
Recreation
Impact
REC-l. The MBGP sets forth a requirement that all new residential
developments dedicate 2.5 acres of parkland for eveI)' 1,000 future residents. At
maximum buildout, the proposed project would need to provide approximately
50,8 acres of parks. trails. greenbelts, open space, and other recreational facilities
in order to comply with the current City standard, based on an average of 2.891
people per household for all 7,037 homes included in the project.
Mitigation
MM REC-l.l. Provide Parks in Accordance with City Standards, Prior to
approval of each Tentative Tract or Vesting Tentative Tract, the applicant shall
provide public parks, as deemed necessary by the city, in conformance with Title
15.80 of the Bakersfield Municipal Code, In the event a city wide master trails
plan is adopted prior to approval of each Tentative Tract or Vesting Tentative
Tract that reduces the public park requirement, the adopted ratio will be used to
calculate the public park requirement. Proposed greenbelts and private
recreational facilities shall be maintained by the homeowners association.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Transportation and Traffic
Impact
TR-l. Temporal)' increases in traffic because of project construction have the
potential to worsen level of service on study area roadways,
Mi1igation
MM TR-t.1. Develop and Implement a Construction Traffic Control Plan.
Prior to beginning construction of any portion of the proposed project, the
contractor shall develop and implement a Traffic Control Plan. The Traffic
Control Plan shall be submitted to the City Engineer for review and approval and
shall be implemented throughout the course of project construction. The plan
shall include the following elements:
. contain a plan approved by the City for communicating construction plans
with transit providers, emergency service providers, residences, and
businesses located in the project vicinity, and anyone else who may be
affected by project construction;
. identify roadway segments or intersections that are at or approaching level of
service that exceeds local standards, and provide for construction-generated
Old River Ranch Project (GPAlZC #03-1528)
September 2005
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J&S 04191
City of Bakersfield Statement of Facts. Findings, and
Mitigation Measures
traffic to avoid these locations at the peak periods, either by traveling
different routes or by traveling at non-peak times of day;
· contain an access and circulation plan for use by emergency vehicles when
lane closures andlor detours are in effect; if lane closures occur, provide
advance notice to local fire and police departments to ensure that alternative
evacuation and emergency routes are designed to maintain response times;
· maintain access to existing residences in the area at all times;
· provide for adequate parking for construction trucks and equipment within
the designated staging areas throughout the construction period;
· provide adequate parking for construction workers within the designated
staging areas;
· restrict delivery of construction materials to between the hours of 9:00 a.m.
and 3:00 p.m. to avoid more congested morning and evening hours;
· require traffic controls on roadways adjacent to the proposed project,
including flag persons wearing bright orange or red vests and using a
"Stop/Slow" paddle to control oncoming traffic; construction warning signs
should be posted in accordance with local standards or those set forth in the
Manual on Uniform Traffic Control Devices (FHW A 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;
· 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 incOlporated 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
TR-2. The maneuvering of construction-related vehicles and equipment among
the general-purpose traffic on area roadways could cause safety hazards.
Mi1igation
Implement Mitigation Measure MM TR-Ll (as detailed above).
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
TR-3. Emergency access to the proposed project area could be affected by
project construction, specifically, road closures, detours, and construction-related
traffic could delay or obstruct the movement of emergency vehicles.
Mitigatior.
Implement Mitigation Measure MM TR-I.! (as detailed above).
Finding
Changes or alterations have been incOlporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above, The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
TR-4. The parking needs of construction workers and for heavy construction
equipment would increase the demand for parking on the proposed project site
and possibly on nearby roadways off site.
Mitigation
Implement Mitigation Measure MM TR-l.l (as detailed above).
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the fonn of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Impact
TR-7. Emergency access would not be precluded during long-tenn operations
of the project. Adequate circulation is provided within the project site, and the
detailed tract maps will be reviewed by the Bakersfield FD prior to approval at a
tract map level. All fire department standards would need to be complied with
during final design to minimize impacts to emergency access.
Mitigation
MM TR-7.1. Construction Plans and Development Shall Confonn to All
Applicable Fire Codes. Prior to approval of tentative tract maps for subsequent
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
phases of the proposed project, construction plans shall be approved by the Fire
Marshall or appropriate representative to ensure that all fire code requirements
are incorporated into the proposed project design. All development within the
proposed project area shall 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.
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
TR-8. All residential, commercial, 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 p~oject, adequate parking shall be provided in accordance with City of
Bakersfield Municipal Code standards. Construction plans shall be reviewed and
verified by the Planning Department that the project components provide
appropriate parking to 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 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.
Significant Unavoidable Environmental Impacts
Aaricultural Resources
Impact
AGR-l. The proposed project site contains 1,853 acres designated as "Prime
Fannland." Subdivision of land such as this results in substantial prime
agricultural acreages being taken out of agricultural production. Conversion of
fanIÙand 011 the proposed project site is considered a significant impact for the
following reasons:
. approximately 94 % of the site consists of prime soils;
. water for irrigation is readily available on site;
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Old River Ranch Project (GPMC #03-1528)
City of Bakersfield Statement of Facts, Findings, and
Mitigation Measures
· the majority of areas surrounding the site are currently actively farmed;
· the majority of the project site, as well as many surrounding parcels, have a
wning designation of A (Exclusive Agriculture);
· the MBGP designated neighboring lands as R-IA (Intensive Agriculture);
· the site is immediately adjacent to the north, east, and south to some
Williamson Act-contracted lands;
· the project could affect the application of agricultural chemicals on other
agricultural properties; and
· residential development is proposed adjacent to agricultural uses,
Finding
No mitigation is available that would feasibly reduce environmental impacts
associated with agricultural land conversion to less than significant levels.
Mitigation measures were considered in an attempt to reduce impacts from
agricultural conversion, including the purchase of agricultural conservation
easements and mitigation banking, Agricultural conservation easements are
voluntary, legally recorded deed restrictions that are placed on specific property
used for agricultural production that prohibit practices that would damage or
interfere with the agricultural use of the land. Agricultural conservation
easements are held by land trusts or local governments, which are responsible for
ensuring that the tenns of the easement are upheld, In order to place an
agricultural conservation easement on a property, a landowner would seek an
appropriate easement holder, which could be a land trust or a local government.
Th ~ easement holder would then decide whether to pursue an easement on the
propnsed property and proceed to negotiate tenns with the landowner, including
price and restrictions.
As of 2002, easements were located within only 19 of California's 58 counties,
with approximately 80% used as grazing land and 20% used as cropland of the
120,000 acres of California fannland within easements (Sokolow 2(02). While
some land trusts have been fonnulated and funded because of local government's
requiring mitigation of fannland loss, the City and Kern County have not
developed any comprehensive program through which conservation easements
could be implemented in mitigating the conversion of prime agricultural land.
Without such programs in place, these types of mitigation measures are not
practical or feasible for a property owner to pursue on a project-by-project basis,
Therefore, because of the lack of programs in place that require easement
funding or that provide oversight for the tenns of an easement, mitigation would
be infeasible.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
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J&S 04191 0RIGINAI
Old River Ranch Project (GPAfZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
Impact
AGR-2. The majority of the proposed project site is currently zoned for
agricultural uses, with a zoning designation of A (Exclusive Agriculture). The
current MBGP land use designations for the project site include Intensive
Agriculture and Mineral Petroleum. The proposed project includes a General
Plan Amendment and Zone Change. Upon approval of the project, the
Williamson Act contracts would be cancelled before their expiration in 2014.
Therefore, the project would conflict with existing Williamson Act contracts,
which would represent a significant impact.
Mitigation
MM AGR-2.1. Pay Penalty Fees for Premature Conversion of Williamson Act
Ccntracts. Upon cancellation of the Williamson Act contracts, the applicant shall
pay a fee of 12.5 % of the full assessed value of the parcels for cancellation of
Williamson Act contracts. This fee, when collected, shall be transmitted by the
County Treasurer to the State Controller.
Finding
Cancellation of the Williamson Act contracts prematurely represents a significant
impact because the Williamson Act contracts are a mechanism to encourage
long-tenn preservation of agricultural lands. The mitigation would not reduce
impacts to less than significant levels.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Impact
AGR-3. Other changes in existing environment could have an effect on adjacent
agricultural land by limiting the agricultural feasibility of the land. The
following types of effects from agricultural conversion could generally reduce
agricultural feasibility.
· Conversion of fannland may impact nearby growers by placing restrictions
and limitations on pesticides, fungicides, and herbicides used on the crops.
Restrictions could also be placed on noise, burning, and dust.
· Vehicle emissions from adjacent transportation routes and increased
roadways could impact the health and survival of the crops.
· As urbanization proceeds in the City, land prices may increase above the
land's value for agricultural production.
· Increased traffic congestion reduces the efficiency and increases the hazards
of moving crops and fann machinery along rural roads. Road congestion
also increases the amount of time required to transport crops, which in turn
increases shipping costs and risk of spoilage.
36
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield Statement of Facts, Findings, and
Mitigation Measures
. Croplands and nearby agricultural lands that support fanning are important
sources Qf food, water, and cover for some native plants and animals. These
resources are largely eliminated when fannlands are converted to urban use.
Because of the proposed project's proximity to primarily agricultural uses,
buildout of this proposed project would most likely result in many of the above-
mentioned impacts. Based on the MBGP designations and development patterns,
it is likely that parcels to the north, south, east, and at least some to the west
would remain agricultural in nature and would continue to be affected by this
type of development. In addition, because many of the outparcels located
throughout the project site are slated for development, the potential for the
above-mentioned effects would be increased, making continued agricultural
production on these lands more difficult. Thus, impacts would be considered
significant.
Mitigation
MM AGR-3.1. Provide Disclosure Statements Regarding Agricultural
Operations. Prior to occupancy of any residential units, if any adjoining
properties are still in agricultural use and have not received entitlements for
development, then prior to issuance of certificates of use and occupancy, the
applicant will demonstrate that future residents will be informed about adjacent
agricultural use. This demonstration may take the fonn of a covenant filed on the
project site (which would be disclosed to future residents through the purchase
process), 01 through disclosure fonns to be signed by new residents. The
covenant or disclosure fonn will provide that each resident acknowledges that
helshe is moving into an area where there is active agriculture, and understands
that such agricultural use, including all activities necessary to support
agriculture-such pesticide use, dust generated by plowing, and slow-moving
agricultural vehicles- will continue.
Finding
Buffer areas are already provided in the fonn of perimeter walls and major
arterial roadways that separate the site from nearby agricultural operations.
However, because of the level of urban development proposed for the site, the
proposed project would not be compatible with surrounding agricultural land
uses and operations, until such a time those lands are converted to urban and
developed uses. Therefore, no other feasible mitigation is available. The
mitigation measure identified would not reduce impacts to less than significant
levels.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Impact
AGR-4. The MBGP provides goals and policies to guide development within
the City's Planmng Area. Implementation of the proposed project would be
37
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J&S 04~ÒRIGINAE'
Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
generally inconsistent with established goals and policies developed to minimize
impacts on agricultural resources. While the ultimate detennination regarding
overall consistency is left to the City Council, the proposed project is not
consistent with many of the policies designed to protect the conversion of prime
farmland. Thus, impacts are considered significant.
Finding
No mitigation is available to reduce impacts to less than significant levels,
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A S:atement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Air Quality
Impact
AQ-4. The proposed project would be located approximately 2 miles north of
three dairies: Borba, Riverbend, and Wilgenburg. The predominate wind
direction much of the year-spring, summer, and fall-is from the northwest.
During winter periods with southern and southeasterly winds, odors from the
dairies would be detectable at the proposed project development site.
Mitigation
MM AQ-4.1. Notify Conceming Potential Odors. Require that, prior to the
sale of all new residential units, prospective buyers be notified of potential dairy
odors. Prospective buyers should be required to sign a statement acknowledging
that they are aware of the potential for odors from nearby dairies, and the
disclosure shall be included in covenants for new development within the site.
Finding
Even with the proposed mitigation measure, the odor impacts associated would
placing a large residential development in close proximity to dairies would be
significant. Specific economic, legal, social, technological, or other
considerations make infeasible the mitigation measures or project alternatives
identified in the Final PEIR. A Statement of Overriding Considerations is
required, which is attached to this Findings of Fact.
Transportation and Traffic
Impact
TR-5, The Kern COG traffic model estimated that a total of 68,439 trips per day
would be generated by the proposed project at buildout with 45,430 external
daily trips, yielding a capture rate of 34 %. This capture rate was applied to the
total ITE project trip estimate of 73,780 trips per day, yielding 48,975 external
daily trips. Future peak hour traffic volumes are estimated for each of the project
phase buildout years (2008, 2012, 2016, and 2020) with and without the
proposed project.
38
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Old River Ranch Project (GP/>JZC #03-1528)
City of BakefSfield
Statement of Facts, Findings, and
Mitigation Measures
Traffic operations on the existing street system are acceptable at most locations.
In the interim conditions, increases in traffic, both with and without the project,
will cause an ever increasing number of facilities to operate below level of
service C. By the year 2030 it is anticipated that almost all of the unsignalized
intersections and over half of the signalized intersections would operate below
level of service C if left in their existing conditions.
The project lies in an area, which will require significant improvements to the
existing street system over the next 15 to 20 years in order to provide adequate
capacity to accommodate traffic generated by this project and anticipated other
development in the western Bakersfield area.
Mitigation
MM TR-5.1. Confinn and Analyze Incremental Traffic Improvements.
a) Prior to approval of each Tentative Tract, Vesting Tentative Tract, or Parcel
Mr.p (except Parcel Maps for financing or conveyancing purposes only that
require further subdivision prior to development) for residential projects and
PCD or Site Plan applications for other uses, the applicant shall confinn the
specific traffic circulation improvements that will be implemented with that
tentative map, PCD or Site Plan as identified in the Traffic Impact Study to: 1)
provide the traffic circulation improvements necessary to serve the immediate
map area and 2) maintain the City's adopted minimum level of service standard
(currently LOS C) on the roadway network that will be impacted by the project
traffic, or, for those intersections and roadways that cannot be improved to the
minimum level-of-service standard or better, with or without the project, to
provide the project fair-share contribution to the improvements.
b) To demonstrate that appropriate mitigation is being provided with each Final
Map, the process 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 of RTIF 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:
o Build the improvements (if all necessary rights-of-way are available)
ana, if applicable, receive reimbursement credits for any percentage
share not attributable to impacts caused by traffic generated from the
map, PCD, or Site Plan.
o Pay the City per unit mitigation fee.
o In the event all necessary rights-of-way are not available at the time the
applicant is required to construct the specific traffic circulation
39
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Old River Ranch Project (GPAlZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
improvements to be implemented, the applicant shall pay the City the per
unit mitigation fee in lieu of constructing the improvements.
. The project applicant and the City will verify the timing of the improvements
to be constructed by the applicant for recordation of each Map, PCD or Site
Plan, and shall establish the threshold at which the improvements shall be
constructed. The threshold shall depend on the particular improvement, the
project fair-share contribution to the improvement and the nature of the
particular MaplPCD/Site Plan, and may be tied to the number of lots within
the map area that may be recorded as part of a Final Map or Partial Final
Map.
c) For those improvements to be constructed by the City using mitigation fees
paid by the project applicant and other sources of financing, the applicant's
obligation will be satisfied by payment of the fees.
Finding
Almost all of the deficiencies can be improved to an LOS C through the project
build-out year of 2020 with a combination of signalization and roadway
widening. Even with the mitigation, it is anticipated that by the year 2030, more
than two-thirds of the study intersections and more than one-third of the roadway
segments will operate below LOS C if left in their present configurations, Of
these, eight intersections and seven roadway segments will operate in this
condition with or without the project. The following intersections are expected to
operate below LOS C, or current year LOS (if below an LOS C), in the year 2030
even if fully improved to current standards: These facilities are as follows:
Intersections
· Coffee Road and Rosedale Highway,
· Coffee Road and BrillÙlall RoadlWestside Parkway WB,
· Coffee Road and Truxtun Avenue Extension,
· Coffee Road and Stockdale Highway,
· New Stine Road and Stockdale Highway,
· Old River Road and Ming Avenue,
· Gosford Road and Ming Avenue, and
· Ashe Road and Ming Avenue.
Roadways
· Buena Vista Road: Stockdale Highway to Ming Avenue,
· Calloway Drive: BrillÙlall Road to Stockdale Highway,
· Coffee Road: BrillÙlall Road to Stockdale Highway,
40
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City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
· Gosfonl Road: Stockdale Highway to North Laurelglen Boulevard,
· Rosedale Highway: Calloway Drive to Fruitvale Avenue,
· Ming Avenue: Ashe Road to Stine Road, and
· White Lane: Stine Road to Wible Road.
This study also shows the improvements, beyond current standards, needed to
bring these facilities to an LOS C, or current year LOS (if below an LOS C). It is
noted that most of the facilities listed above would operate below LOS C in their
ultimate configurations.
Provided that the regional transportation improvements and the RTIF and local
mitigation improvements are constructed, the street system should have adequate
capacity to operate at an acceptable level of service with the exception of the
facilities stated above. Additionally, the seven signalized intersections that
would exceed thresholds in the PM peak hour, and the five signalized
intersections that would exceed thresholds in the AM peak hour may be mitigated
with additional measures beyond current standards. However, the feasibility of
these mitigation measures has not yet been detennined. Therefore, it must be
concluded that not all impacts would be reduced to less-than-significant levels
and impacts would remain significant and unavoidable.
Specific economic, legal, social, technological, or other considerations maIœ
infeasible the mitigation measures or project altematives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Alternatives to the Proposed Project
Alternative 1. No Proiect Alternative
Agriculture operations would continue onsite with the cultivation and harvesting
of "Ùmonds and row crops. Under a reasonably foreseeable future land use
scenario, the alternative would be similar to a no build scenario above because
the site is currently designated for agricultural and mineral production land uses
under the MBGP. Thus, If the project were not approved, the reasonably
foreseeable land use would be continued agricultural and mineral production.
Therefore, under this alternative, no aspect of the proposed project would be
constructed and the project area would remain in its current condition.
This alternative would involve no action on the part of the City. The project
would not be constructed, and the site would remain in agricultural and
petroleum production until such a time that a development proposal is approved
for this developing portion of the City.
Finding
41
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Old River Ranch Project (GPNZC #03-1528)
City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
This alternative does not meet any of the project objectives. This alternative
would realistically OIùy be an interim use of the site. The site is in the path of
City growth, and there has been no indication that any group desires to purchase
the site for open space preservation or use other than that allowed by the General
Plan. Thus, while this alternative is rnarginally feasible as an interim use, it is
not a feasible long-tenn alternative.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Alternative 2. Reduced Development Density
This alternative would involve the development of fewer residences, and less
dense commercial uses. This alternative involves a more "dispersed"
development configuration to provide more open space between units and
commercial centers on site. This alternative would provide home sites on
generally larger lots (approximately IO,OOO-square-foot lots) with a greater
amount of square footage for each home. This alternative would also eliminate
the High Density Residential Uses proposed under the project. Thus, this
alternative would include approximately 3,962 single-family residential units
(3,075 fewer than the proposed project). Alternative 2 would involve
development of the site similar to the project configuration, but a reduction in the
density proposed by the General Plan Amendment.
Finding
This alternative most likely meets all of the project objectives, but it does not
fulfill those objectives to the same level as the proposed project for the following
reasons: 1) since this alternative has fewer dwelling units, it does not help the
City to meet its housing goals, and 2) the lower density of development, overall,
may not provide for the achievement of goals for a self-sustained community to
the level of the proposed project.
It is assumed that this alternative is feasible. Although no marketing study has
been prepared, for the purposes of this EIR, the alternative can be considered
feasible. However, because this development does not provide the same density
as the proposed project, this alternative will not provide the City with the same
type of project; opportunities for unique and creative solutions to urbanization,
based on a lesser critical mass will likely result in a more traditional development
that the City may consider "more of the same." This reduced density would
lik.:ly not include the diversity of housing types or support the recreational
community amenities that the proposed project would offer. Additionally, the
lower density alternative is inconsistent with the anti-sprawl principles of Smart
Growth, efficient use of infrastructure and walkable communities.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
42
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Old River Ranch Project (GPA/ZC #03-1528)
City of Bakersfield
Statement of Facts. Findings, and
Mitigation Measures
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Alternative 3. Verv Low Densitv Development Alternative
with Aaricultural Preservation
This alternative would substantially further reduce the overall number of units
constructed, and pennanently preserve portions of the site in agricultural
production. This alternative would result in a minimal amount of development at
the Rural Residential (RR) land use designation of 25 acres per unit, and would
preserve half of the site (approximately 926 acres under agricultural production).
This alternative would retain the option for individuals on larger lot parcels to
maintain small agricultural areas. This would result in approximately 370 rural
residential units onsite, and retention of the remaining project site in agricultural
production under an agricultural preserve or conservation easement. Alternative 3
would involve 370 residential units, and approximately 926 acres of the site to
remain under agricultura1 production.
Finding
This alternative marginally meets most of the project objectives, but it does not
fulfill those objectives to the same level as the proposed project. With the low
intensity of development, it will be difficult to achieve the critical mass and site
design necessary to support a self-contained community, a range of housing
types, and a fiscally sound mixed-use development. In particular, the residential
unit count is likely to result in a very limited range of housing types and
affordability .
It is assumed that the residential portion of this alternative is feasible. Similar to
Al'.ernative 2, the development portion would likely be a typical development
and not include creative strategies. The agricultura1 component is likely
infeasible 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.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact.
Alternative 4. Hiah Densitv Alternative
This alternative would include a higher density development pattern with
additional open space and agricultural land surrounding the developable area.
The overall plan for the site would shift the developable area toward the center of
43
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Old River Ranch Project (GP/>JZC #03-1528)
City of Bakersfield
Statement of Facts, Findings, and
Mitigation Measures
the site, with the boundaries and space between planned residential units being
decreased. This would have the affect of increasing residential and commercial
densities. This alternative would eliminate the proposed units designated as Low
Density, and all units would be constructed at densities consistent with
Low Medium Density, High-Medium Density, and High Density. This
alternative would provide for development on 750 acres and continued
agricultural production on the remaining acreage within the site. Ultimately, the
same number of units- 5,979- would be construction on half of the space. This
alternative would also include mixed-use neighborhoods, such as additional
apartments, townhomes, and smaller single family units. This alternative would
involve the same amount of commercial development as the proposed project
would.
Finding
This alternative is feasible to develop, although it would increase impacts to
some enviromnental issue areas. Additionally, it is highly likely that the
surrounding undeveloped areas would succumb to development pressure after the
interim years following development of the project. Therefore, it is likely that
the overall densities within the project area would ultimately be much greater
than those for the proposed project. Due to the high demand for housing and
development within the City, it is likely that all areas within the Bakersfield
sphere of influence (including the project site) would ultimately be developed
with urban land uses. Under this alternative, it can be speculated that additional
land beyond the project area would be developed at similar high densities in the
near future, making the larger area more dense over time, thereby exacerbating
environmental impacts. More importantly, this alternative does not avoid or
substantially lessen any significant impacts. Therefore, it is not a feasible
alternative.
Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
PEIR. A Statement of Overriding Considerations is required, which is attached
to this Findings of Fact,
44
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Exhibit E
Statement of Overriding Considerations
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Statement of Overriding Considerations
Pursuant to Section 15093 of the CEQA Guidelines, the City must balance the
benefits of the proposed project against unavoidable environmental risks in
determining whether to approve the project.
The proposed project would result in significant unavoidable impacts to
agricultural resources, air quality, and transportation and traffic. Findings of Fact
have been developed, which provide that mitigation measures andlor alternatives
to the proposed project that would substantially reduce or avoid these significant
impacts are infeasible.
The proposed project offers 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 high quality master planned community
with its own identity, incorporating a range of housing types; recreational
features including parks, greenbelts, trails, and playing fields; and shopping,
employment, and educational facilities.
· The proposed project provides a mix of uses that would be mutually
supportive linked by trails and greenbelts, reducing automobile dependency
a."1d encouraging pedestrian activity.
· The proposed project provides an ecologically sound development that
incOlporates a comprehensive program of resource protection and
conservation.
· The proposed project provides a self-contained community focused on a
mixed-use Village Center that serves as an entertainment and service center,
and a gathering place for a wide range of community activities and special
events,
· The proposed project provides a public and private system of parks, trails,
and community recreation facilities integrated into the physical plan of the
community .
· The proposed project provides a comprehensive streetscape and landscape
standards throughout the community, creating a unique identity and sense of
place.
· The proposed project provides a comprehensive road and infrastructure
improvement phasing program assuring adequate capacity for buildout of the
planned development.
· The proposed project provides a mix of housing for various economic levels
of the community.
· The pwposed project provides a new development which captures the
economic demands generated by the marketplace and establishes
Bakersfield· s role as the capitol of the southern San Joaquin Valley.
Old River Ranch Project (GPAlZC #03-1528)
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City of Bakersfield Statement of Overriding Considerations
· The proposed project provides new development which provides a full mix
of uses to support its population.
· The proposed project provides new development which is compatible with
and complements existing land uses,
· The proposed project provides new development which channels land uses in
a phased, orderly manner and is coordinated with the provision of
infrastructure and public improvements.
· The proposed project provides new development that is sensitive to the
natural environment, and accounts for environmental hazards.
· The proposed project provides a built environment which achieves a
compatible functional and visual relationship among individual building
sites.
· The proposed project provides a safe and efficient street system that links all
parts of the area for movement of people and goods.
· The proposed project provides for safe and efficient motorized, non-
motorized, and pedestrian traffic movement.
· The proposed project provides minimum impact of truck traffic on
circulation, and on noise sensitive land uses.
· The proposed project provides a street system that creates a positive image of
Bakersfield.
· The proposed project provides a local street network that contributes to the
quality and safety of residential neighborhoods and commercial districts.
· The proposed project provides an adequate supply of sites for the
development of sound, affordable new housing.
· The proposed project conserves and enhances Bakersfield's biological
resources in a manner which facilitates orderly development and reflects the
sensitivities and constraints of those resources.
· The proposed project conserves and enhances the unique aspects of open
space within the planning area.
· The proposed project provides an integrated system of open space amenities
in the planning area.
· The proposed project maintains a coordinated planning and implementation
program for the provision of public utilities to the planning area.
· The proposed project coordinates the planning and implementation of
planning area municipal-type utility facilities and services.
· The proposed project provides parks and recreation facilities to meet the
planning area's diverse needs.
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City of Bakersfield
Statement of Overriding Considerations
The City hereby finds that the benefits of the proposed project are considered to
outweigh the unavoidable adverse environmental effects to agricultural land
conversion, noise, and traffic and circulation, which are therefore considered
acceptable.
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Mitigation Monitoring and Reporting Program
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Exhibit G
Development Agreement
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
RECORDING REQUESTED BY
CITY OF BAKERSFIELD
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 27383
City Clerk
(Space Above Line For Recorder's Cse Only)
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF BAKERSFIELD
AND
PB 1 VENTURES, LLC; PB2 VENTURES, LLC;
PB3 VENTURES, LLC; PB4 VENTURES, LLC;
PB6 VENTURES, LLC AND PB7 VENTURES, LLC
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DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF BAKERSFIELD
AND PBI VEl'iiURES, LLC; PB2 VENTURES, LLC;
PB3 VENTURES, LLC; PB4 VENTURES, LLC;
PB6 VENTURES, LLC AND PB7 VENTURES, LLC
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered
into as of this _ day of
,200_. by and between the CITY OF BAKERSFIELD, a
charter city ("City"), and, PBI VENTURES, LLC; PB2 VENTURES, LLC; PB3
VENTURES, LLC; PB4 VENTURES, LLC; PB6 VENTURES, LLC and PB7 VENTURES,
LLC, Delaware Limited Liability Companies ("Owner").
R E C I TAL S:
WHEREAS, the lack of certainty in the approval of development projects can result in a
waste of resources, escalate the cost of housing and other development, and discourage
investment in and commitment to comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the public; and
WHEREAS, California Govemment Code Sections 65864-65869.5 (the "Development
Agreement Statute") were therefore enacted authorizing a municipality to enter into binding
development agreements with persons having legal or equitable interests in real property; and
WHEREAS, Owner has a legal or equitable interest in certain real property located in
City more particularly described in Exhibit "A," attached hereto and incorporated herein by
reference (the "Property"); and
WHEREAS, subject to the provisions of the "Project Approvals" (as defined below),
Owner's project proposal known as the "Old River Ranch" will consist of a mixed-use master-
planned community, including approximately 5,980 single family dwelling units, approximately
1,060 multi-family dwelling units, approximately 696,000 square feet of commercial/retail uses
and approximately 192,000 square tèet of commerciaL office uses, parks, schools, and open space
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(the "Project"), as generally depicted on the illustrative plan attached hereto as Exhibit "B," and
incorporated herein by this reference; and
WHEREAS, on November 16, 200S, the City Council (the "Council"), after making
appropriate findings, certified the Environmental Impact Report ("EIR") pursuant to the
provisions of the California Environmental Quality Act ("CEQA·'), and adopted Resolution No.
, approving General Plan Amendment No.
, Ordinance No.
approving Zone Change No.
, and Ordinance No.
approvmg
Development Agreement No.
(collectively, the "Project Approvals"); and
WHEREAS, development of the Project as planned will further the comprehensive
planning objectives contained within City's general plan, as amended, (the "General Plan·'), and
is anticipated to result in public benefits, including, among others, the following:
1. Fulfilling long-term economic and social goals for City and the
community, including, but not limited to, contributing positively to
the City's jobs/housing balance;
2. Providing fiscal benefits to City's General Fund m terms of
increased employment and property tax revenues;
3. Providing both short-term construction employment and long-term
permanent employment within City:
4. Financing and constructing significant inrrastructure improvements
that will serve the region and the community;
5. Phasing the construction of public inrrastructure improvements
with private development;
6. Providing housing which will help to satisfy City's obligation to
meet City's share of regional housing needs: and
7. Enhancing City's active and passive recreational elements.
WHEREAS, Owner has requested City to enter into a development agreement pursuant
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WHEREAS, for the reasons recited herein, City has determined that the Project is a
development for which a development agreement is appropriate under the Development
Agreement Statute; and
WHEREAS, the Council has determined that this Agreement is consistent with the
General Plan and specifically has determined that this Agreement is fair, just and reasonable, and
City has concluded that the economic interests of its citizens and the public health, safety and
welfare will be best served by entering into this Agreement; and
WHEREAS, the Planning Commission of City (the "Planning Commission") held duly
noticed public hearings on this Agreement on October 6, 2005; and
WHEREAS, the Council, after a duly noticed public hearing, adopted Ordinance No.
, approving this Agreement on November 16, 2005, which Ordinance became
effective on December 30, 2005 (the "Effective Date"); and
WHEREAS, City does not normally enter into long term development agreements
because development fees are frozen; and
WHEREAS, City would not enter into this Development Agreement unless it was
assured that fees would not be rrozen and new infrastructure and construction requirements could
be applied to the area covered by this Development Agreement; and
WHEREAS, notice of intention to consider adoption of this Agreement has been given as
provided in Government Code Sections 65090 and 65091, in addition to all other notices
required by law for actions to be considered concurrently therewith, as required by Government
Code Section 65867; and
WHEREAS, Owner desires to enter into this Development Agreement to avoid possible
future development restrictions, give Owner long term development assurances and allow Owner
flexibility in timing development decisions, and not for the purpose of rreezing development fees
or avoiding new inrrastructure or construction requirements; and
WHEREAS, the Property is as of the date of this Agreement. located in the
unincorporated territory of the County of Kern within the adopted sphere of influence of the City
of Bakersfield, as determined by the Kern County Local Agency Formation Commission; and x 'PAKt::'/y
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WHEREAS, the City and Owner desire to annex the Property to the City within the time
set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, incorporating the foregoing recitals and in consideration of the
mutual promises, obligations and covenants herein contained, the Parties hereto agree as follows:
SECTION I. PUBLIC BENEFIT.
The parties acknowledge and agree that development of the project will result in substantial
public needs which will not be fully met by the project under existing ordinances, policies, rules
and regulations, and that this Agreement confers substantial private benefits on Owner which
should be balanced by commensurate public benefits. Accordingly the parties intend to provide
consideration to the public to balance the private benefits conferred on Owner by providing more
fully for the satisfaction of the public needs resulting from the Project as follows:
A. Park Facilities Fee.
Owner agrees to pay a park development fee in the amount of $1,275 per
residential unit, which amount shall remain unchanged while this Agreement remains in effect,
to be imposed and collected at the time of issuance of a building permit. This fee shall be used
in the acquisition and/or development of a regional park within two miles of the Property and is
in addition to the current park acquisition and development fees required by Municipal Code
Chapters 15.80 and 15.82.
B. Fire and Police Equipment Impact Fee.
Owner agrees to pay a fee to provide for the purchase of equipment and apparatus
required for police and fire services to be used in southwest Bakersfield. Said fee will be
imposed and collected at the time of issuance of a building permit in the amount of $234 per
residential unit, which amount shall remain unchanged while this Agreement remains in effect.
In the event the City adopts a City-wide fee for the purchase of equipment and apparatus for
police and fire services that is less than $234 per residential unit, then Owner shall pay only the
lesser fee, trom the date of adoption. In the event the City adopts a City-wide fee for the
purchase of equipment and apparatus for police and fire services that is greater than $234 per
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residential unit, Owner shall receive a credit against that larger fee for any fees paid under this
Paragraph.
C. Community Facility District.
Owner agrees to support the establishment of a Community Facilities District to
include all property covered by this Development Agreement. The intent of the district is to
provide financing for the operation and maintenance of public facilities and services in southwest
Bakersfield required to support the Project as described in this Development Agreement.
Services to be included in the district are Fire and Police Protection Services in an amount of
$287 per residential unit annually for the first ten (10) years of development under this
Agreement and $174 per residential unit annually for the remaining tenn of this Development
Agreement. The commencement of the first ten (10) year period shall begin upon issuance of the
first building pennit for a residential unit within the Project area, and only those residential units
for which a building pennit has been issued will be subject to the services tax.
SECTION II. PROJECT DEVELOPMENT
A. Permitted Uses. The parties hereby agree that, for the tenn of this Agreement,
the pennitted uses, the density and intensity of use, the maximum height and size of proposed
buildings, provisions for reservation or dedication of land for public purposes and location of
public improvements, shall be those set forth in the Project Approvals, the "Applicable Rules"
(as hereinafter defined) and this Agreement.
B. Rules. Re!!ulations and Official Policies.
1. Applicable Rules. The parties hereby agree that, for the tenn of this
Agreement, the rules, regulations and official policies governing pennitted uses, governing
density, and governing design, improvement and construction standards and specifications
applicable to development of the Property and the Project shall be those rules, regulations and
official policies in force at the time of the Effective Date, including, without limitation, the
Project Approvals (collectively, the "Applicable Rules·'). Notwithstanding the foregoing,
nothing in this Agreement shall preclude City from applying changes occurring from time to
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time in the Unifonn Building Code, Unifonn Electrical Code, Unifonn Fire Code,
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Mechanical Code, Unifonn Plumbing Code or Public Works Subdivision and Engineering
Design Manual, provided that such changes (i) are found by City to be necessary to the health or
safety of the citizens of City, (ii) are generally applicable to all similar types of property in City.
At Owners' request and at Owners' expense, City shall prepare two sets of the Applicable Rules
and any subsequent amendments to those Applicable Rules as set forth in this Agreement, one
set of which shall be kept by the City and one of which shall be provided to Owner.
2. Conflictin2 Enactments. Any change in the Applicable Rules, including,
without limitation, any change in any applicable general, area or specific plan, zoning,
subdivision or building rule or regulation, adopted or becoming effective after the Effective
Date, including, without limitation, any such change by means of an ordinance, initiative,
resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and
adopted by the Council, the Planning Commission or any other board, agency, commission,
committee, or department of City, or any officer or employee thereof, or by the electorate, as the
case may be, which would, absent this Agreement, otherwise be applicable to the Property and
which would conflict in any way with or be more restrictive than the Applicable Rules
("Subsequent Rules"), shall not be applied by City to the Property except reasonable provisions
required to address health and safety requirements applicable to all property in the City. O\Vl1er
may give City written notice of its election to have any subsequent change to any Applicable
Rule applied to the Property, in which case such subsequent change shall be deemed to be an
Applicable Rule.
3. Setbacks. Desilro Guidelines. Landscape Guidelines and Park
Improvements. Except as may otherwise be provided in this Agreement, the front, side, and
rear setbacks and the design and landscape guidelines for all structures within the Project shall be
consistent with and confonn to the Applicable Rules.
4. Chan2es in Rules. Rel!:ulations and Official Policies. Nothing in this
Agreement shall be deemed to prevent the City from enacting or adopting changes in the method
and procedures for processing any development entitlement including, but not limited to, general
plan amendments, zone changes, site plan review, improvement plans, subdivision and parc~ 'òM2?¡p
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maps, so long as such changes do not preclude or materially burden Owners' vested rights as set
forth in this Agreement.
5. Development Ae:reement Parity. City acknowledges that it is currently
negotiating development agreements with other developers with the intent that all fees and taxes
identified under Section I of this Agreement and the other agreements shall, in the aggregate, be
substantially the same. In the event City enters into a development agreement with another
developer ("other agreement") covering undeveloped land on which is proposed a mix-
commercial/residential master plan development similar to that covered by this Agreement which
other agreement has an aggregate fee and tax under Section I that is less than that proposed under
this Agreement, the Parties hereto shall negotiate in good faith to amend this Agreement to
match, as nearly as possible, the lower aggregate fee in tax reflected in the other agreement. The
parties hereby acknowledge that the provisions of this Paragraph shall not apply where the City
enters into a development agreement with LBREP/L-Suncal MacAllister Ranch, or its successor-
in-interest, for the development known as McAllister Ranch.
C. Future Approvals. Any development of the Property shall reqUire all
discretionary approvals required by the Applicable Rules (collectively, the "Future Approvals").
Upon granting any of the Future Approvals, they shall become part of the Applicable Rules, and
Owner shall have a "vested right'" as that term is defined under California law, in and to such
Future Approvals by virtue of this Agreement.
D. Permitted Fees and Exactions. Except as otherwise provided in this Agreement,
and specifically excluding fees set by entities not controlled by City that are collected by City,
City shall only charge and impose those fees and exactions, including, without limitation,
dedications and any other fee or ta.x (including excise, construction or any other tax) relating to
development or the privilege of developing, which are in effect on a City-wide basis on the
Project. The City agrees to include the project in the citywide traffic model and to amend the
model to include regional roadway improvements.
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E. Permitted Conditions. Provided Owner's applications for any Future Approvals
are consistent with this Agreement and the Applicable Rules, City shall grant the Future
Approvals in accordance with the Applicable Rules and authorize development of the Property
for the uses and to the density of the Project described herein. In connection with any Future
Approvals, City shall have the right to impose reasonable conditions including, without
limitation, normal and customary dedications for rights of way or easements for public access,
utilities, water, sewers, and drainage necessary for the Project; provided, however, such
conditions and dedications shall not be inconsistent with the Applicable Rules or Project
Approvals, nor inconsistent with the development of the Project as contemplated by this
Agreement. Owner may protest any conditions, dedications or fees while continuing to develop
the Property; such a protest by Owner shall not delay or stop the issuance of building permits or
certificates of occupancy.
F. Term of Map(s). Pursuant to California Government Code Sections 66452.6(a)
and 65863.9, the term of any tentative subdivision or parcel map that has been or may in the
future be processed on all or any portion of the Property shall be extended for a period of time to
the longer of, (i) the scheduled termination date of this Agreement as set forth in Section lV.H
below, or (ii) the term of such map(s) under applicable provisions of the Subdivision Map Act,
including any nondiscretionary extensions and any granted discretionary extensions thereof;
except that development impact fees shall be frozen by virtue of any such map(s) only for a
period of time equal to the term of such map(s) which would exist absent this Agreement under
applicable provisions of the Subdivision Map Act, including any automatic nondiscretionary
extensions thereof.
G. Timin!!. of Development. Because the California Supreme Court held in Pardee
Construction Co. v. Citv of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties
therein to provide for the timing of development resulted in a later-adopted initiative restricting
the timing of development to prevail over the parties' agreement, it is the parties' intent to cure
that deficiency by acknowledging and providing that, subject to any infrastructure phasing
requirements that may be required by the Project Approvals or any Future Approvals, Owner '¿,A/{ ~
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shall have the right (without obligation) to develop the Property in such order and at such rate
and at such times as Owner deems appropriate within the exercise of its subjective business
judgment.
H. Moratorium. No City-imposed moratorium (except those for public health and
safety) or other limitation (whether relating to the rate, timing or sequencing of the development
or construction of all or any part of the Property, whether imposed by ordinance, initiative,
resolution, policy, order or otherwise, and whether enacted by the Council, an agency of City, the
electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting
tentative or final), building permits, occupancy certificates or other entitlements to use or service
(including, without limitation, water and sewer) approved, issued or granted within City, or
portions of City, shall apply to the Property to the extent such moratorium or other limitation is
in conflict with this Agreement; provided, however, the provisions ofthis Section shall not affect
City's compliance with moratoria or other limitations mandated by other governmental agencies
or court-imposed moratoria or other limitations.
I. Infrastructure Capacity. Subject to Owner's installation of infrastructure and
payment of all imposed fees in a timely manner in accordance with the requirements of the
Project Approvals and any Future Approvals, City hereby acknowledges that it will have
sufficient capacity in its infrastructure, services and utility systems, including, without limitation,
traffic circulation, storm drainage, flood control, electric service, sewer collection, sewer
treatment, sanitation service and, except for reasons beyond City's control, water supply,
treatment, distribution and service. to accommodate the Project. To the extent that City renders
such services or provides such utilities, City hereby agrees that it will serve the Project and that
there shall be no restriction on hookups or service for the Project except for reasons beyond
City's control.
J. Infrastructure Phasing Flexibilitv. Notwithstanding the provIsIOns of any
phasing requirements in the Project Approvals, Owner and City recognize that economic and
market conditions may necessitate changing the order in which the infrastructure is constructed.
Therefore, City and Owner hereby agree that should it become necessary or desirable to develop,. '?;¡Atf 10
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any portion of the Project's infrastructure in an order that differs from the order set forth in the
Project Approvals, Owner and City shall collaborate and City shall pennit any modification
requested by Owner so long as, solely based on City detennination, the modification continues to
ensure adequate infrastructure is available to serve that portion of the Project being developed.
The Owner agrees to be fully responsible for any and all costs resulting from any change in
phasing.
K. Development Al!:reementlProiect Approvals. In the event of any inconsistency
between any Applicable Rule, Project Approval or Future Approval and this Agreement, the
provisions of this Agreement shall control.
L. Water Supplv/Availabilitv. If and to the extent required under Government
Code Section 65867.5, any tentative map prepared for the Project will comply with the
provisions of Government Code Section 66473.7.
SECTION III. COOPERATIONIIMPLEMENTATION.
A. Further Assurances: Covenant to Sil!ll Documents. Each party shall take all
actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all
documents and writings, that may be necessary or proper to achieve the purposes and objectives
of this Agreement.
B. Reimbursement. Nothing in this Agreement precludes City and Owner from
entering into any reimbursement agreements for the portion (if any) of the cost of any
dedications, public facilities and/or infrastructure that City may require as conditions of the
Project Approvals or the Future Approvals, to the extent that they are in excess of those
reasonably necessary to mitigate the impacts of the Project, and to the extent other landowners
are benefited.
C. Public Financinl!: of Improvements. Owner may, from time to time, request
City to establish, subject to adopted policy for infrastructure tìnancing, one or more assessment
and/or community facilities districts to finance infrastructure, public facilities and/or fees
("Financing Mechanism") that may be required in connection with the development of the
Project.
In addition, City is willing to sponsor a Community Facilities District which creates 1 ,?>A~I:-9
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maximum effective tax rate of 2 percent of the projected home prices. City agrees to use its
reasonable efforts to implement such requests subject to applicable state and federal law and to
the Applicable Rules and subject to the following general considerations:
1. General Parameters.
a) Upon written request of the City, Owner will advance amounts
necessary to pay all costs and expenses of City to evaluate and structure any Financing
Mechanism, to the end that City will not be obligated to pay any costs related to the formation or
implementation of any Financing Mechanism from its own general funds or any other source of
City revenue. City staff will provide the Owner with a preliminary budget for such costs, and
will advise Owner from time to time as to any necessary modifications to that budget.
2. Public Improvements.
a) Owner shall submit to City its phasing plan for any public facilities
to be financed, including the priority and financing needs relative to the public improvements.
Consistent with City policy on Financing Mechanisms, City will use available proceeds of any
public financing in accordance with such priorities, and as otherwise provided in this Agreement.
b) City will determine the means by which such improvements will be
acquired by City consistent with existing City policies and procedures.
c) In addition, any financing may include amounts necessary to
discharge any assessment, special tax or other liens on the Property.
3. Financinl! Parameters.
a) Any public financing shall be secured solely by assessments or
special taxes levied within the respective district, proceeds of the bonds issued that are placed in
a bond fund, reserve fund or other such fund for the financing and investment earnings thereon.
City's general fund shall not be pledged to the repayment of any public financing.
b) The payment of actual initial and annual administrati\e costs of
City to be incurred in connection with any Financing Mechanism shall be adequately assured,
through the inclusion in any assessment or special tax methodology of appropriate prO\'isions for
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such costs as estimated by City, to the end that City's general fund shall not be called upon to
provide for initial or any annual administrative costs related to any Financing Mechanism.
D. Processin!!:. Upon satisfactory completion by Owner of all required preliminary
actions and payments of appropriate processing fees, if any, City shall, subject to all legal
requirements, use reasonable efforts to complete in a timely manner all required steps to grant
any approvals and permits necessary for the development by Owner of the Property in
accordance with this Agreement, including, but not limited to, the following:
1. the processing of applications for and issuance of all discretionary
approvals requITIng the exercise of judgment and deliberation by City, including without
limitation, the Future Approvals;
2. the holding of any required public hearings;
3. completing and returning all plan checks within three weeks of submittal.
The methodology of achieving that goal, i.e. whether by designating a full time reviewer or using
contract services, etc., will be left to the discretion of the City.
E. Process in!!: Durin!!: Third Party Liti!!:ation. The filing of any third party
lawsuit(s) against City or Owner relating to this Agreement, the Project Approvals, any Future
Approvals or to other development issues affecting the Property shall not delay or stop the
development, processing or construction of the Project, approval of any Future Approvals, or
issuance of Ministerial Approvals, unless the third party obtains a court order preventing the
activity.
F. Defense of A!!:reement. If this Agreement is adjudicated or determined to be
invalid or unenforceable, City agrees, subject to all legal requirements, to consider modifications
to this Agreement to render it valid and enforceable to the extent permitted by applicable law.
G,
Desi!!:nIDevelopment Standards.
Notwithstanding the provisions of the
Applicable Rules, the following design/development standards shall apply to the Project:
1. Easements. Easements dedicated for pedestrian use shall be permitted to
include easements for underground drainage, water, sewer, gas, electricity. telephone. cable and
other utilities and facilities so long as they do not unreasonably interfere with pedestrian use.
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H. Model Homes. Each subdivision tract is permitted a maximum of six model
homes, one of which may include a sales tract office, for each home builder in the tract.
Additional model homes may be permitted subject to approval by the planning director. Model
homes may be constructed prior to recordation of a final map for the tract; however, no such
home shall be offered for sale or rent, or be sold or rented until the final map has been recorded.
I. Amendments to Entitlements. It is contemplated by City and Owner that Owner
may, ITom time to time, seek minor changes to one or more of the Project Approvals. Any such
changes are contemplated by City and Owner as being within the scope of this Agreement as
long as they are minor as described in this Section III.!, and are consistent with the Applicable
Rules. Upon approval by City, minor changes will continue to constitute the Project Approvals
as referenced herein. The parties agree that changes which are minor may be agreed to in writing
by the City Manager and Owner. All other amendments will require approval in accordance with
the Applicable Rules. The parties agree that any such minor changes shall not constitute an
amendment to this Agreement nor require an amendment to this Agreement.
J. Annexation. Owner will cooperate with City to complete annexation of the
Property into the City. In accordance with Government Code Section 65865(b), this Agreement
shall not become operative unless annexation proceedings annexing the Property to the City are
completed on or before December 1,2007, unless such date is extended by mutual agreement of
the Parties. [fthe annexation is not completed by December 1,2007, or a mutually agreed upon
extension of that date, this Agreement shall be null and void.
K. Maintenance Oblil!ations. City shall require Owner to maintain public parks,
parkways, entry monuments, medians, detention basins, street lights and similar types of
improvements for a period of up to one (1) year. Areas containing these improvements shall be
annexed into an appropriate maintenance district consistent with Bakersfield Municipal Code
Chapter 13.04 and City policy. Owner's maintenance period shall commence when the
improvements have passed inspection by the appropriate City/County department.
-- Page 13 of 26 Pages --
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SECTION IV. GENERAL PROVISIONS.
A. Covenants Run with the Land. All of the provisions, agreements, rights,
powers, standards, tenns, covenants and obligations contained in this Agreement shall be binding
upon the parties and their respective heirs, successors (by merger, reorganization, consolidation
or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons
acquiring the Property, or any portion thereof, or any interest therein, whether by operation of
law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective
heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants
running with the land.
B. Transfers and AssÏlroments.
1. Ril!:ht to AssÏlro. Owner shall have the right to sell, assign or transfer all
or portions of the Property to any person at any time during the tenn of this Agreement, subject
to approval by City. No transfer or assignment may occur prior to establishment of a
Community Facilities District that encompasses the entire Project as required in Section I.C,
except as otherwise provided in this Paragraph B.l. Prior to any such transfer or assignment,
Owner shall record a restrictive covenant against the portions of the Property so sold, assigned or
transferred obligating the transferee and such transferee's heirs, successors, or assigns to comply
in all respects with the tenns and conditions of this Agreement. Except as required by law, the
provisions of this Paragraph do not apply to the ultimate individual homeowners and individual
commercial and industrial property owners within the Project area.
Owner shall give written notice of any proposed transfer or assignment to
the City Manager who shall have the authority to approve any proposed transfer or assignment
on behalf of the City. Any such approval shall not be unreasonably withheld. If the City
Manager does not provide owner with a written disapproval within ten (10) days' receipt of the
written notice of a proposed transfer or assignment, the proposed transfer or assignment shall be
deemed to have been approved, provided Owner complies with all of the conditions in this
Paragraph 8.1. No such approval shall be required for transfer or assignment of a fully built-out
Parcel.
-- Page 14 of26 Pages--
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Notwithstanding any of the above, no transfer or assignment shall occur
prior to recordation of this Agreement as set forth in Paragraph V.N herein.
2. Liabilities Upon Transfer. Upon the delegation of all duties and
obligations and the sale, transfer or assignment of all or any portion of the Property, Owner shall
be released trom its obligations under this Agreement with respect to the Property, or portion
thereof, so transferred arising subsequent to the effective date of such transfer if (i) Owner has
provided to City ten (10) days' written notice of such transfer and (ii) the transferee has agreed in
writing (or by taking title subject to a restrictive covenant as contemplated in the preceding
paragraph) to be subject to all of the provisions hereof applicable to the portion of the Property
so transferred. Upon any transfer of any portion of the Property and the express assumption of
Owner's obligations under this Agreement by such transferee, City agrees to look solely to the
transferee for compliance by such transferee with the provisions of this Agreement as such
provisions relate to the portion of the Property acquired by such transferee. The preceding
sentence shall not preclude the City trom looking to the transferor for compliance with
provisions of this Agreement for any acts or omissions of transferor before the transfer of any
portion of the Property. A default by any transferee shall only affect that portion of the Property
owned by such transferee and shall not cancel or diminish in any way Owner's rights hereunder
with respect to any portion of the Property not owned by such transferee. The transferee shall be
responsible for the reporting and annual review requirements relating to the portion of the
Property owned by such transferee, and any amendment to this Agreement between City and a
transferee shall only affect the portion of the Property owned by such transferee.
C. Mort2a2ee Protection. The parties hereto agree that this Agreement shall not
prevent or limit Owner. in any manner, at Owner's sole discretion, trom encumbering the
Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or
other security device securing financing with respect to the Property. City acknowledges that the
lender(s) providing such financing may require certain Agreement interpretations and
modifications and agrees, trom time to time, to meet with Owner and representatives of such
-- Page 15 of 26 Pages --
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lender(s) to negotiate in good faith any such request for interpretation or modification.
not unreasonably withhold its consent to any such requested interpretation or modification
provided such interpretation or modification is consistent with the intent and purposes of this
Agreement. Any mortgagee of a mortgage or a beneficiary of a deed of trust ("Mortgagee") of
the Property shall be entitled to the following rights and privileges:
1. Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the
Property made in good faith and for value.
2. If City timely receives a request from a Mortgagee requesting a copy of any
notice of default given to Owner under the tenns of this Agreement, City shall provide a copy of
that notice to the Mortgagee within ten days of sending the notice of default to Owner. The
Mortgagee shall have the right, but not the obligation, to cure the default during the remaining
cure period allowed such party under this Agreement.
3. Any Mortgagee who comes into possessIOn of the Property, or any part
thereof. pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property, or part thereof, subject to the tenns of this Agreement;
provided, however, in no event shall such Mortgagee be liable for any defaults or monetary
obligations of Owner arising prior to acquisition of title to the Property by such Mortgagee,
except that any such Mortgagee or its successors or assigns shall not be entitled to a building
pennit or occupancy certificate until all delinquent and current fees and other monetary
obligations due under this Agreement for the Property, or portion thereof, acquired by such
Mortgagee have been paid to City.
D. Statement of ComDliance. Within thirty days following any written request which
either City or Owner may make from time to time, the other shall sign and deliver to the
requesting party a statement certifying that: (1) this Agreement is unmodified and in full force
and effect or, if there have been modifications hereto, that this Agreement is in full force and
eÌÌect. as modified, and stating the date and nature of such modifications; (2) there are no current
uncured defaults under this Agreement or specifying the dates and nature of any such defaults;
and (3) any other reasonable infonnation requested. The failure to deliver such statement within
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such time shall be conclusive upon the party which fails to deliver such statement that this
Agreement is in full force and effect without modification and that there are no uncured defaults
in the performance of the requesting party. The City Manager shall be authorized to execute any
such statement.
E. Default. Failure by City or Owner to perform any term or provlSlon of this
Agreement for a period of thirty days from the receipt of written notice thereof from the other
shall constitute a default under this Agreement, subject to extensions of time by mutual consent
in writing. Said notice shall specify in detail the nature of the alleged default and the manner in
which said default may be satisfactorily cured. If the nature of the alleged default is such that it
cannot reasonably be cured within such 90-day period, the immediate and good faith
commencement of the cure within such time period and the diligent prosecution to completion of
the cure shall be deemed a cure within such period. During the time a cure for any alleged
default is being diligently prosecuted, no default shall be deemed to exist under this Agreement.
Subject to the foregoing, after notice and expiration of the 90-day period without
cure, the notifying party, at its option, may institute legal proceedings pursuant to this Agreement
and/or give notice of intent to terminate this Agreement pursuant to Government Code Section
65868. Following such notice of intent to terminate, the matter shall be scheduled for
consideration and review by the Council within thirty calendar days in the manner set forth in
Government Code Sections 65867 and 65868. Following consideration of the evidence
presented in said review before the Council and a determination that a default exists, the party
alleging the default by the other party may give written notice of termination of this Agreement
to the other party.
Subject to the conditions set forth in this Paragraph E, and after notice and
expiration of the above-described 90-day period without cure, the City may, in addition to or in
lieu of instituting legal proceedings, refuse processing of an application for, or the granting of
any permit, approval, or other land use entitlement for, development or construction of the
Project or any portion thereof owned or controlled by Owner, including but not limited to, the
h Page 17 of 26 Pages h
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withholding of grading, excavation, building, or occupancy permits.
F. Annual Review. Pursuant to Government Code Section 65865.1, throughout the
term of this Agreement, the Owner, or successor in interest thereto, shall be required to
demonstrate good faith compliance with the terms of the Agreement. If, as a result of such
periodic review, the City finds and determines, on the basis of substantial e,idence, that the
Owner, or successor in interest thereto, has not complied in good faith with terms or conditions
of the Agreement, the City may terminate or modify the Agreement, after compliance with the
terms set forth in Paragraph IV.E above. Owner shall provide a progress report acceptable to the
Planning Director for review by the Planning Commission at the next regularly scheduled
Planning Commission meeting following each anniversary of the Effective Date or as soon
thereafter as may be scheduled.
Procedures established pursuant to Sections 65865 and 65865.1 shall include
provIsIOns requiring periodic review at least every 12 months, at which time Owner, or its
successor in interest thereto, shall be required to demonstrate good faith compliance with the
terms of this Agreement. If, as a result of such periodic review, the City finds and determines,
on the basis of substantial evidence, that Owner, or its successor in interest, has not complied in
good faith with the terms or conditions of this Agreement, the City may terminate or modify this
Agreement, after compliance with the terms set forth in Paragraph IV.E above.
G. Waiver: Remedies Cumulative. Failure by City or Owner to insist upon the strict
performance of any of the provisions of this Agreement, irrespective of the length of time for
which such failure continues, shall not constitute a waiver of the right to demand strict
compliance with this Agreement in the future. No waiver by City or Owner of a default or
breach of any other party shall be effective or binding upon it unless made in writing, and no
such waiver shall be implied from any omission by City or Owner to take any action with respect
to such default or breach. No express written waiver of any defaults or breach shall affect any
other default or breach, or cover any other period of time, other than any detàult or breach and/or
period of time specified in such express waiver. One or more written waivers of a default or
breach under any provision of this Agreement shall not be a waiver of any subsequent default or
breach, and the performance of the same or any other term or provision contained in thi~ ¡¿,r.XE-?
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Agreement. Subject to notice of default and opportunity to cure under Section V.E., all of the
remedies permitted or available under this Agreement, at law or in equity, shall be cumulative
and alternative, and invocation of any such right or remedy shall not constitute a waiver or
election of remedies with respect to any other permitted or available right or remedy.
H. Term. This Agreement shall commence upon the Effective Date and shall extend
twenty (20) years from the Effective Date (the "Term"), unless said term is otherwise terminated,
modified or extended by circumstances set forth in this Agreement or by mutual consent of the
parties. However, this Agreement shall not become operative unless annexation proceedings
have been completed in accordance with Paragraph IILJ above. The terms of this Agreement
shall be automatically extended by time equal to any period of time caused by acts of God, such
as floods, earthquakes, fires, or similar catastrophes.
Following the expiration of the Term, this Agreement shall be deemed terminated
and of no further force or effect; provided, however, such termination shall not affect any right or
duty arising from City approvals, including, without limitation, the Project Approvals, the Future
Approvals, the Ministerial Approvals and any reimbursement agreement(s) entered into pursuant
to the terms of this Agreement.
Except to the extent that any homeowners' association has incurred obligations as
referenced in this Agreement, this Agreement shall terminate with respect to any lot and such lot
shall be released and no longer be subject to this Agreement, without the execution or
recordation of any further document, when a certificate of occupancy has been issued for the
building(s) on the lot.
I. Termination. This Agreement shall terminate when the Project has been fully
developed and all the City's and Owner's obligations in connection with the Project are satisfied
as mutually determined by the City and the Owner. For purposes hereot~ all obligations of
Owner hereunder shall be deemed discharged and fulfilled with respect to lots or parcels shown
on duly filed final subdivision maps upon final inspection and occupancy, subject to compliance
with (a) the conditions imposed in connection with such filing, and (b) the conditions imposed in
connection with the issuance of the building permits.
-- Page 19 of 26 Pages --
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1. Notwithstanding the provisions of the proceeding Paragraph, termination of
this Agreement as to the Owner or the Project or any portion thereof shall not affect any
requirements to comply with the terms and conditions of the applicable zoning, any development
plan approvals, approval and acceptance of infrastructure improvements, any applicable permits,
or any subdivision map or land use entitlements approved with respect to the Project, nor shall it
affect any other covenants of the Owner specified in this Agreement to continue after the
termination of this Agreement.
J. Supersedure bv Subsequent Laws. Pursuant to Government Code Section
65869.5, if any federal or state law or regulation, made or enacted after the Effective Date
prevents or precludes compliance with one or more provisions of this Agreement, then the
provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be
necessary to comply with such new law or regulation. Immediately after enactment or
promulgation of any such new law, City and Owner shall meet and confer in good faith to
determine the feasibility of any such modification or suspension based on the effect such
modification or suspension would have on the purposes and intent of this Agreement. Owner
and/or City shall have the right to challenge any new law or regulation preventing compliance
with the terms of this Agreement, and in the event such challenge is successful, this Agreement
to the extent deemed feasible by both the City and Owner, shall remain unmodified and in full
force and effect. The term of this Agreement may be extended by mutual agreement of the
parties for the duration of the period during which such new law or regulation precludes
compliance with the provisions of this Agreement.
K. Amendment of Al!.reement. This Agreement may be amended from time to time
by mutual consent of the parties to this Agreement, in accordance with the provisions of
Government Code Sections 65867 and 65868; provided, however, that any amendment which
meets the detinition of minor changes as contained in Section III.I shall not require notice or
public hearing, before the parties may execute an amendment hereto.
-- Page 20 of 26 Pages n
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L. Operatinl! Memoranda. The provisions of this Agreement require a close
degree of cooperation between City and Owner and the refinements and further development of
the Project may demonstrate that clarifications are appropriate with respect to the details of
perfonnance of City and Owner. If and when, from time to time, during the tenn of this
Agreement, City and Owner agree that such clarifications are necessary or appropriate, they shall
effectuate such clarifications through operating memoranda approved by City and Owner, which,
after execution, shall be attached hereto. No such operating memoranda shall constitute an
amendment to this Agreement requiring public notice or hearing. The City Attorney shall be
authorized to make the detennination whether a requested clarification may be effectuated
pursuant to this Section or whether the requested clarification is of such a character to constitute
an amendment hereof pursuant to Section lILL. The City Manager may execute any operating
memoranda hereunder without Councilor Planning Commission action.
M. Compliance With All Laws. Owner shall, at Owner's sole cost, comply with all
of the requirements of Municipal, State and Federal authorities now in force or which may
hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities
relating to or growing out of this Agreement all Municipal ordinances and State and Federal
statutes, rules or regulations, and pennitting requirements now in force or which may hereafter
be in force including, without limitation, obtaining a City of Bakersfield business tax certificate
(Bakersfield Municipal Code Chapter 5.02) where required.
N. Corporate Authoritv. Each individual signing this Agreement on behalf of
entities represents and warrants that they are, respectively, duly authorized to sign on behalf of
the entities and to bind the entities fully to each and all of the obligations set forth in this
Agreement.
O. Third Party Litil!ation. In the event of any legal action instituted by a third
party, the City, at its discretion, may elect to tender the defense of any legal action to the Owner,
which shall pay for all costs, expenses, and attorney's fees incurred in the defense of such matter.
In the event the City elects to not tender defense to the Owner, Owner shall still pay for all costs,
expenses and attorney's fees incurred by the City in defense of the matter.
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P. Indemnitv. Owner shall indemnify, defend and hold harmless City, its officers,
agents and employees 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, arising out of, connected with, or caused by Owner, Owner's employees, agents,
independent contractors, companies or subcontractors in the performance of, or in any way
arising ITom, the terms and provisions of this Agreement whether or not caused in part by a party
indemnified hereunder, except for City's sole active negligence or willful misconduct.
Q. Resource Allocation. All obligations of City under the terms of this Agreement
are subject to the appropriation and allocation of resources by the City Council.
R. Title To Documents. All documents, plans and drawings, maps, photographs and
other papers, or copies thereof, prepared by Owner pursuant to the terms of this Agreement shall,
upon preparation, become the property of City.
SECTION V. MISCELLANEOUS.
A. Nel!ation of Partnership. The Project constitutes private development, neither
City nor Owner is acting as the agent of the other in any respect hereunder, and City and Owner
are independent entities with respect to the terms and conditions of this Agreement. None of the
terms or provisions of this Agreement shall be deemed to create a partnership between or among
the parties in the businesses of Owner, the affairs of City, or otherwise, nor shall it cause them to
be considered joint venturers or members of any joint enterprise.
B. No Third Party Beneficiary. This Agreement is not intended, nor shall it be
construed, to create any third-party beneficiary rights in any person who is not a party, unless
expressly otherwise provided.
C. Entire Al!reement. This Agreement sets forth and contains the entire
understanding and agreement of the parties, and there are no oral or written representations,
understandings or ancillary covenants, undertakings or agreements which are not contained or
expressly referred to herein. No testimony or evidence of any such representations,
understandings or covenants shall be admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this Agreement.
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s. Planning Agrs05-06 De_elopmcnl _"',:r~ments (CFD)..oldRi\'n-Ranch.Petrini,DcvAgr.ll-07-05.FinalIXx:
D. Severability. Invalidation of any of the provisions contained in this Agreement,
or of the application thereof to any person, by judgment or court order shall in no way affect any
of the other provisions hereof or the application thereof to any other person or circumstance, and
the same shall remain in full force and effect, unless enforcement of this Agreement, as so
invalidated, would be unreasonable or inequitable under all the circumstances or would frustrate
the purposes of this Agreement and the rights and obligations of the parties hereto.
E. Construction of A!!reement. The provisions of this Agreement and the Exhibits
hereto shall be construed as a whole according to their common meaning and not strictly for or
against Owner or City and consistent with the provisions hereof, in order to achieve the
objectives and purposes. Wherever required by the context, the singular shall include the plural
and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice
versa.
F. Bindilll'!: Effect. The rights and obligations of this Agreement shall inure to the
benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators,
executors, personal representatives, successors and assigns.
G. Execution. This Agreement is effective upon execution. It is the product of
negotiation and all parties are equally responsible for authorship of this Agreement. Section
1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
H. Section Headin!!s. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
I. Governinl!. Law. The laws of the State of California will govern the validity of
this Agreement, its interpretation and perfonnance. Any litigation arising in any way from this
Agreement shall be brought in Kern County, California.
J. Notices. Any notice shall be in writing and given by delivering the same in
person or by sending the same by registered or certified mail, return receipt requested, with
postage prepaid, by overnight delivery, or by facsimile to the respectivemailingaddresses.as
follows:
-- Page 23 of26 Pages--
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City:
Copy to:
Owner:
Copy to:
Copy to:
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, California 93301
Attention: City Manager
Facsimile: (661) 852-2050
CITY OF BAKERSFIELD
1501 TruxtunAvenue
Bakersfield, California 93301
Attention: City Attorney
Facsimile: (661) 852-2020
PB VENTURES, LLC
c/o Troxler Residential Ventures
Attn: Philip D. Johnson
5023 North Parkway Calabasas
Calabasas, California 91302
Telephone: (818) 876-9651
Facsimile: (818) 876-9751
PREMIER LAND COMPANY
Attn: Michael Petrini
4618 Saco Road
Bakersfield, California 93308
Telephone: (661) 410-1050
Facsimile: (661) 410-1052
COX, CASTLE & NICHOLSON, LLP
Attn: Kenneth B. Bley, Esq.
2049 Century Park East, 28th Floor
Los Angeles, California 90067
Telephone: (310) 284-223 I
Facsimile: (310) 277-7889
Either City or Owner may change its mailing address at any time by giving written notice of such
change to the other in the manner provided herein at least ten days prior to the date such change
is effected. All notices under this Agreement shall be deemed given, received, made or
communicated on the earlier of the date personal delivery is effected or on the delivery date or
attempted delivery date shown on the return receipt, air bill or facsimile.
K. Time is of the Essence. Time is of the essence of this Agreement and of each and
every term and condition hereof.
n Page 24 of 26 Pages n
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L. Invalidity of Provisions.. If any provision of this Agreement as applied to either
party or to any circumstances shall be adjudged by a court of competent jurisdiction to be void or
unenforceable for any reason, to the extent feasible, the same shall not affect any other provision
of this Agreement, or the validity or enforceability of this Agreement as a whole. The Parties
further agree to negotiate in good faith to replace any such invalid, illegal, or unenforceable
portion with a valid and enforceable provision which will achieve, to the maximum extent
legally possible, the economic, business, or other purposes of the invalid, illegal or
unenforceable portion.
M. CounterDarts, This Agreement may be executed in any number of counterparts,
and each of such counterparts for all purposes shall be deemed to be an original, and all of such
counterparts shall constitute one and the same agreement.
N. Recordation In order to comply with Section 65868.5 of the Government Code,
the parties do hereby direct the City Clerk to record a copy of this Agreement against the
Property with the County Recorder of Kern County within ten (10) days after the Effective Date.
IN WITNESS WHEREOF, Owner and City have executed this Agreement as of the
date first hereinabove written.
ATTEST:
City Clerk
"City"
CITY OF BAKERSFIELD
Approved as to Fonn:
By:
By:
VIRGINIA GEN'NARO
City Attorney
HARVEY L. HALL
Mayor
Additional Signatures on Following Page
-- Page 25 of 26 Pages --
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"Owner"
PBI VENTURES, LLC, a Delaware limited liability company
PB2 VENTURES, LLC, a Delaware limited liability company
PB3 VENTURES, LLC, a Delaware limited liability company
PB4 VENTURES, LLC, a Delaware limited liability company
PB6 VENTURES, LLC, a Delaware limited liability company
and
PB7 VENTURES, LLC, a Delaware limited liability company
By: Petrini Bakersfield Ventures, LLC, a Delaware limited
liability company, the Sole Member of Each of the Entities
listed above
By: Troxler Residential Ventures XV, LLC, a Delaware
limited liability company, its Managing Member
By: Troxler Ventures Partners, Inc., a California
corporation, its Operating Member
By:
BRY~:.:(~
President /
Approved as to Content
By:
STANLEY GRADY
Development Services Director
By:
NELSON SMITH
Finance Director
-- Page 26 of 26 Pages --
S PlannLll~ A,;rs 05·06 Development Agr=.rnls (CFDrOldRiverR.lI!chPl."trini.DevAgrll_07_05_FinaJ_DOC
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11/07/2005 ORlnl~IAI
ST ATE OF CALIFORNIA )
) ss.
COUNTY OF ~:i 1I""f~ )
On HdY¿_ 6 tW 2? , 200>, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
i:>Vjð-'" P. r Y'1>¡(lev , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(j) whose name(s) is/Me
subscribed to the within instrument and acknowledged to me that he/ske/they executed the same
in his/fler/tnei1- authorized capacity(ie9), and that by his/.h8f.'their signature(s) on the instrument
the person((), or the entity upon behalf of which the person($) acted, executed the within
instrument.
W.11:N~<;:'.s;;. 1:IIiIIJ1..h~A....<:Io-4~~';"1_"""f·
VIRGNA l muK
" Commllslon 1# 1420116
i.; Notary PubIc - CoIIIomia ~
J LOI Angeles COI.I1ty ,
J _ _ _ ~:or:n.~~2~~7(
STATE OF CALIFORNIA )
) ss.
)
. .---/'/
~t~.L-7~¿¿
¿;.Notary Public
COUNTY OF
for
On
said
County
,20_, before me, the undersigned, a Notary Public in and
and State, personally appeared
, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the within
instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
for
On
said
County
,20_, before me, the undersigned, a Notary Public in and
and State, personally appeared
, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the within
instrument.
WITNESS my hand and official seal.
Notary Public
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S, Planning'Agrs 05·06 Oevelopmem Agrr:emrnts (CFD)-OldRiverRanch,Pe'lrini,Dev.\,::r Il-07.05.Fil1al.D<X
Exhibit "An
Legal Description
Annexation No. 498 - Old River No.3
Total Acreage: 1867.95
Parcel "An
Contains: 1,731.99 Acres
Being Sections 25 and 36 and portions of Sections 26 and 35, Township 30
South, Range 26 East, and a portion of Sections 30 and 31, Township 30 South,
Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of
California, according to the Official Plat thereof, more particularly described as
follows:
Cornrnencing at the Northwest corner of said Section 25, said point being the
centerline intersection of Allen Road and Panama Lane; thence South 00°56'58"
West along the West line of Section 25, 30.00 feet to a point of intersection with
the Southern right of way of Panarna Lane and the existing Corporate Boundary
of the City of Bakersfield; thence North 89°21 '54" West along said Southern right
of way and the existing Corporate Boundary of the City of Bakersfield, 30.00 feet
to a point of intersection with the Western right of way of Allen Road, said point
of intersection being the true point of beginning;
A-1 Thence South 89°23'48" East along the Southern right of way of Panama
Lane and the existing Corporate Boundary of the City of Bakersfield,
5,351.04 feet to a point of intersection with the Eastern right of way of
Buena Vista Road;
A-2 Thence departing frorn the existing Corporate Boundary of the City of
Bakersfield, South 00°59'43" West along the Eastern right of way of
Buena Vista Road, 5,330.54 feet to a point of intersection with the
Northern right of way of McCutchen Road;
A-3 Thence South 88°52'03" East along the Northern right of way of
McCutchen Road, 1261.67 feet to the West boundary line of Parcel 1 of
Parcel Map No. 10155, recorded January 23, 1998 in Book 49 of Parcel
Maps at Page 83;
A-4 Thence North 00°50'49" East along the West boundary of Parcel 1 of said
Parcel Map 10155, 2,726.43 feet to a point on the North line of the South
Y:. of said Section 30, said point also being the Northwest corner of said
Parcel 1 of said Parcel Map 10155;
A-5 Thence South 89°08'24" East along the North boundary tine of said Parcel
1 of Parcel Map 10155, 1,85834 feet to the Northeast corner of said
Parcel 1 of Parcel Map 10155;
Old River No.3
EXHIBIT"~
Page I of 5
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A-6 Thence South 89°08'07" East along the North line of the South 11. of said
Section 30, 2,291.52 feet to a point of intersection with the Western right
of way of Old River Road;
A-7 Thence South 00°34'12" West along the Western right of way of Old River
Road, 2,387.54 feet to a point of intersection with the North boundary of
the parcel of land conveyed to Melvin Destefani and wife, by deed
recorded June 23, 1948 in Book 1541. Page 142 of Official Records;
A-8 Thence North 89° 10'27" West along the North boundary of the said parcel
of land conveyed to Melvin Destefani and wife, 120.02 feet to the
Northwest corner of said parcel;
A-9 Thence South 00°34'11" West along the West boundary of the said parcel
of land conveyed to Melvin Destefani and wife, 219.62 feet to a point of
intersection with the Northern right of way of McCutchen Road;
A-10 Thence South 89°10'34" East along the Northern right of way of
McCutchen Road, 120.00 feet to a point of intersection with the Western
right of way of Old River Road;
A-11 Thence South 00°20'49" West along the Western right of way of Old River
Road, 2,669.67 feet to a point of intersection with the South boundary of
Lot 16 of the "Sales Map of Lands of Kern County Land Company" for said
Section 31, recorded August 19,1892;
A-12 Thence North 89°09'48" West along the South boundary line of Lot 16 of
said "Sales Map of Lands of Kern County Land Company" for said Section
31, 1289.93 feet to the Southwest corner of said lot 16;
A-13 Thence North 00°19'54" East along the West boundary line of said Lot 16
and Lot 9 of said map, 1,320.05 feet to the Southeast corner of Lot 7 of
said "Sales Map of Lands of Kern County Land Company" for said
Section 31;
A-14 Thence North 89°09'48" West along the South boundary of said Lot 7,
1,290.05 feet to a point of intersection with the Eastern right of way of Old
Green Road;
A-15 Thence South 00°19'54" West along the said Eastern right of way of Old
Green Road, 660.03 feet to a point of intersection with the South boundary
of Lot 10 of the said "Sales Map of Lands of Kern County Land Cornpany"
for said Section 31, recorded August 19,1892;
Old River No.3
Page 2 of 5
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A-16 Thence North 89°09'48" West along the South boundary of said Lots 10
and 11, 1,350.05 feet to the Southwest corner of said Lot 11;
A-17 Thence North 00°19'54" East along the West boundary of said Lot 11,
660.03 feet to the Southeast corner of Lot 5 of said "Sales Map of Lands
of Kern County Land Cornpany" for said Section 31;
A-18 Thence North 89°09'48" West along the South boundary of said Lot 5,
1,506.73 feet to a point of intersection with the Eastern right of way of
Buena Vista Road;
A-19 Thence South 00°54'52" West along the Eastern right of way of Buena
Vista Road, 3,928.42 feet to a point of intersection with the Northern right
of way of Taft Highway;
A-20 Thence North 89°31'00" West along the Northern right of way of Taft
Highway, 5,347.99 feet to a point of intersection with the Western right of
way of said Allen Road;
A-21 Thence North 00°55'27" East along the Western right of way of said Allen
Road, 2,612.77 feet to an angle point;
A-22 Thence North 00°55'42" East along the Western right of way of said Allen
Road, 2,644.55 feet to an angle point;
A-23 Thence North 00°56'58" East along the Western right of way of said Allen
Road, 5251.50 feet to the true point of beginning.
EXCEPTING THEREFROM a Portion of said Sections 30 and 31, Township 30
South, Range 27 East, and Parcel 2 of Parcel Map No. 10155 recorded January
23, 1998 in Book 49 of Parcel maps at Page 83, more particularly described as
follows:
Comrnencing at the Southeast corner of Section 30, said point of
cornmencernent being the centerline intersection of McCutchen Road and Old
River Road; Thence North 89°10'34" West along the centerline of McCutchen
Road, 2,291.50 feet to a nail in pavement per Record of Survey recorded in Book
18, Page 4 of Record of Surveys; thence North 00°34'12" East, 29.88 feet to a
point of intersection with the Northern right of way of McCutchen Road, said point
being the true point of beginning;
E-1 Thence North 89'08'02" West along the Northern right of way of
McCutchen Road, 164.87 feet to an angle point in the existing right of way
of McCutchen Road;
Old Ri\cr No.3
Page 3 of 5
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E-2 Thence South 00°34'12" West along the Western right of way of
McCutchen Road, 125.68 feet to an angle point in the existing right of way
of McCutchen Road;
E-3 Thence North 88°52'03" West along the Northern right of way of
McCutchen Road, 728.50 feet to a point of intersection with the West
boundary of Parcel 2 of said Parcel map 10155;
E-4 Thence North 00°38'56" East along the West boundary of said Parcel 2,
1,499.81 feet to an angle point in the existing boundary of said Parcel 2;
E-5 Thence South 89°05'24" East along the North boundary of said Parcel 2,
891.28 feet to the Northwest comer of said Parcel 2;
E-6 Thence South 00°34'12" West along the East line of said Parcel 2,
1,376.84 feet to the true point of beginning.
Parcel "B"
Contains: 135.96 Acres
Being a portion of Section 31, Township 30 South, Range 27 East, Mount Diablo
Base and Meridian, in the County of Kern, State of California, according to the
Official Plat thereof, more particularly described as follows:
Cornmencing at the East Y. Comer of said Section 31, said point being the
Northeast corner of Lot 17 of the "Sales Map of Lands of Kern County Land
Cornpany" for said Section 31, recorded August 19, 1892; thence North
89°09'48" West along the North boundary of Lot said 17, 1319.93 feet to the
Northeast corner of Lot 18, said comer being the true point of beginning;
B-1 Thence South 00°19'54" West along the East boundary of Lot 18 of said
"Sales Map of Lands of Kern County Land Company" for said Section 31,
659.99 feet to the Northeast corner of Lot 23 of said "Sales Map of Lands
of Kern County Land Cornpany" for said Section 31;
B-2 Thence continuing South 00° 19 54" West along the East boundary of said
Lot 23, 65982 feet to the Northwest comer of Lot 25 of said "Sales Map of
Lands of Kern County Land Company" for said Section 31;
B-3 Thence South 89°09'10" East along the North boundary of said Lot 25,
1 ,289.58 feet to a point of intersection with the Western right of way of Old
River Road;
Old River No.3
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ORIGINAl
B-4 Thence South 00°20'49" West along the Western right of way of Old River
Road, 820.04 feet to a point on a line that is 500 feet Northerly of and
parallel to the South boundary of said Section 31;
B-5 Thence North 89°08'51" West along a line that is 500 feet Northerly of and
parallel to the South boundary of said Section 31, 244.04 feet to a point on
a line that is 275 feet Easterly and parallel to the East boundary of said
Section 31;
B-6 Thence South 00°20'49" West along a line that is 275 feet Westerly of and
parallel to the East boundary of said Section 31, 470.02 feet to a point of
intersection with the Northern right of way of Taft Highway;
B-7 Thence North 89°08'51" West along the Northern right of way of Taft
Highway, 2,394.35 feet to a point of intersection with the Western right of
way of Old Green Road;
B-8 Thence North 00°19'54" East along the Western right of way of Old Green
Road, 629.11 feet to an angle point,
B-9 Thence continuing North 00°19'54" East along the Western right of way of
Old Green Road, 660.71 feet to a point of intersection with the South line
of Lot 22 of said "Sales Map of Lands of Kern County Land Company" for
said Section 31;
B-10 Thence North 89°09'10" West along the South boundary of said Lot 22,
1,290.05 feet to the Southwest corner of said Lot 22;
B-11 Thence North 00°19'54" East along the West boundary of said Lot 22,
660.03 feet to the Northeast corner of said Lot 22;
B-12 Thence South 89°08'04" East along the North boundary of said Lot 22,
1,290.05 feet to a point of intersection with the Western right of way of Old
Green Road;
B-13 Thence North 00°19'54" East along the Western right of way of Old Green
Road, 659.93 feet to a pOint of intersection with the South boundary of Lot
14 of said "Sales Map of Lands of Kern County Land Company" for said
Section 31;
B-14
Thence South 89°09'48" East along the South boundary of said Lot 14
and the North boundary of Lot 18, 1,350.06 feet to a point rnarking the
Northeast corner of said Lot 18, said point being the true point of
beginning.
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C-2 Regional Commercial Zone
C-2 peD Regional Commercial Zone
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PB Ventures
Zoning Map
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Re~ised Oct 18. 2005
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ORIGI~W
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 15th day of December, 2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4296 passed by
the Bakersfield City Council at a meeting held on the 14th day of December, 2005
and entitled:
AN ORDINANCE AMENDING SECTION 17.06.020 OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY PREZONING TO R-1/PUD (ONE FAMILY
DWELLING/PLANNED UNIT DEVELOPMENT) ON 1,630.34
ACRES, TO R-2/PUD (LIMITED MULTIPLE-FAMILY DWELLlNGI
PLANNED UNIT DEVELOPMENT) ON 109.53 ACRES, TO C-1
(NEIGHBORHOOD COMMERCIAL) ON 9.66 ACRES, TO C-2
(REGIONAL COMMERCIAL) ON 22.09 ACRES, AND TO C-2/
PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL
DEVELOPMENT) ON 61.38 ACRES THOSE CERTAIN
PROPERTIES TO BE ANNEXED INTO THE CITY OF
BAKERSFIELD GENERALLY BOUNDED BY PANAMA LANE
TO THE NORTH, OLD RIVER ROAD TO THE EAST, SOUTH
ALLEN ROAD (UNIMPROVED) TO THE WEST, AND TAFT
HIGHWAY, (STATE ROUTE (SR) 119) TO THE SOUTH (ZONE
CHANGE NO. 03-1528), AND APPROVING A DEVELOPMENT
AGREEMENT
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~ ~é
DEPU Citi Clerk
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