HomeMy WebLinkAboutRES NO 223-06
RESOLUTION NO.
2 23 - 0.6
RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO.
05-0519, AN AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN, FOR THE
IRREGULAR-SHAPED PROJECT AREA GENERALLY BOUNDED
BY TAFT HIGHWAY (STATE ROUTE 119) TO THE NORTH, STINE
ROAD TO THE EAST, ENGLE ROAD TO THE SOUTH, AND THE
NORTH-SOUTH MIDSECTION LINE OF SECTION 4 (1/2 MILE
WEST OF ASHE ROAD) TO THE WEST (FUTURE RELIANCE
DRIVE).
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, JUNE 12,
2006, and THURSDAY, JUNE 15, 2006, on General Plan Amendment No. 05-0519 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of the time
and place of hearing having been given at least 45 calendar days before said hearing by publication in
The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, Mcintosh & Associates for Santa Barbara Capital made application for a general
plan amendment for the irregular-shaped project area generally bounded by Taft Highway (State Route
119) to the north, Stine Road to the east, Engle Road to the south, and the north-south midsection line
of Section 4 (1/2 mile west of Ashe Road) to the west (future Reliance Drive), as shown in attached
Exhibit "A," to allow development of approximately 2,334 single-family residences on approximately
466.84 acres, more specifically stated as follows:
General Plan Amendment No. 05-0519:
A request to amend the Land Use Element of the Metropolitan Bakersfield General Plan
from R-IA (Resource -Intensive Agriculture) to LR (Low Density Residential) on 457.06
acres and from RR (Rural Residential) to LR on 9.78 acres.
WHEREAS, for the above-described project, an Initial Study was conducted and it was
determined that the proposed project would have a significant effect on the environment and, therefore,
an Environmental Impact Report (EIR) for the project was prepared in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan
Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors when considering
projects that propose to convert designated agricultural land to non-agricultural uses; and
WHEREAS, the Planning Commission and City Council have evaluated the ten (10) factors
provided under Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan
Bakersfield General Plan and found the following:
1. Soil Qualitv
Approval and implementation of the land use change will result in a loss of approximately 328
total acres of soil capability Class I irrigated agricultural land.
2. Availability of irriaation water
Irrigation water from the Kern Delta Water District is currently available to the pr~_~.
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3. Proximity to non-aaricultural uses
The property is in close proximity to substantial existing, planned and proposed urban
development on properties to the north, east, and west of the project site. The South Beltway
alignment is present to the south of the project site. Further urbanization is expected since
properties to the east and south have already filed Notice of Non-Renewal for their Williamson
Act land use contracts. The City's wastewater treatment plant in the vicinity is proposed to be
expanded to accommodate anticipated future growth in the area.
4. Proximity to intensive parcelization
Substantial residential and commercial development exists or is planned beyond the north and
northeast corner of the project site. A GPAlZC request to accommodate single-family residential
development immediately north of the project site was approved by the City of Bakersfield;
annexation of this adjacent site into the City of Bakersfield was recently approved by the Kern
Local Agency Formation Commission.
5. Effect on properties subiect to "Williamson Act" land use contracts
16.41 acres of the project site are under a Williamson Act land use contract; however, a notice
of non-renewal has been filed with Kern County. Due to the extent of existing, planned and
proposed urban development in close proximity to the site, the proposal does not have the
potential to have a significant adverse effect upon properties subject to Williamson Act land use
contracts.
6. Ability to be provided with urban services (sewer, water. roads. etc.)
The partial improvements of Ashe Road and Stine Road and other City streets within the project
area to City standards and Taft Highway as a State Highway for the entire project area frontages
will be tract map requirements. Utilities will be extended to the project site from nearby
development areas within the City.
7. Ability to affect the application of aaricultural chemicals on nearby aaricultural properties
The level of impact to nearby agricultural properties is less than significant due to the existing
and future restrictions and limitations on the use of agricultural chemicals due to the close
proximity of existing, planned and proposed urban development in the immediate vicinity.
Farming practices are restricted as to the manner of application and type of chemicals,
pesticides, and herbicides that can be utilized in the vicinity of these urbanized areas. The
subject property, as well as others in the area, is the next logical step for urbanization in this
area due to existing and pending development surrounding the property and the significant
future impacts to the crop production.
8. Ability to create a precedent-settina situation that leads to the premature conversion of prime
aariculturallands
There are 15 General Plan Amendment and Zone Change applications, 23 development
projects, 46 tracts, and 10 parcel maps approved or in process within a 5-mile radius of the
project site. The conversion of a substantial amount of prime agricultural land to urban
development has been occurring in recent years in the vicinity of the project site, and additional
urban development is planned and proposed in the area. Therefore, the proposal would not set
a precedent in this regard.
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9. Demonstrated proiect need
Based upon the close proximity of the project site to other urbanizing lands, the proposal is
considered a logical step in the orderly development of the City of Bakersfield. Urbanization of
the site would allow for the incremental expansion of the infrastructure and public services that
are being constructed and provided in the surrounding area and would help to meet the need for
housing to accommodate the projected population growth in the Metropolitan Bakersfield
General Plan area.
10. Necessity of buffers such as lower densities. setbacks. etc.
Portions of the project site boundaries are adjacent to agricultural and residential suburban
zoned properties. Pursuant to the Bakersfield Zoning Ordinance, no residential unit shall be
constructed within 50 feet of any adjoining property zoned agricultural or residential suburban.
This setback requirement, if applicable, will be enforced at the time the project site is subdivided
and developed based upon the zoning of adjoining properties at that time.
WHEREAS, the applicant for the property owner has indicated the purpose of the request is to
develop a single-family residential development within the City of Bakersfield; and
WHEREAS, the project site lies within the path of development with approved urban
development projects in progress; and
WHEREAS, adjacent urban development projects as well as local government agency efforts
have extended or will extend supporting utilities and infrastructure adjacent to the property; and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 124-06, adopted on June 15, 2006:
1. The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by city staff
and the Planning Commission; and
2. All required notices have been given; and
3. The provisions of CEQA have been followed; and
4. Based on the initial study and comments received, staff has determined that the
proposed project could have a significant effect on the environment. An
Environmental Impact Report was prepared for the project in accordance with CEQA;
and
5. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan;
and
6. The amendment to change the Land Use designation from R-IA (Resource -
Intensive Agriculture) to LR (Low Density Residential) on 457.06 acres and from RR
(Rural Residential) to LR on 9.78 acres is consistent with the Metropolitan Bakersfield
General Plan; and
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NOW, THEREFORE,IT IS HEREBY FOUND AND RESOLVED as follows:
1. The above recitals and findings incorporated herein by reference are true and correct
and constitute the Findings of the City Council in this matter.
2. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
3. That General Plan Amendment No. 05-0519 to the Land Use Element is hereby
approved from R-IA (Resource - Intensive Agriculture) to LR (Low Density
Residential) on 457.06 acres and from RR (Rural Residential) to LR on 9.78 acres as
requested by the applicant and as recommended by the Planning Commission and
shown on the attached map in Exhibit "A", subject to the "Mitigation Monitoring and
Reporting Program" adopted in the Final Environmental Impact Report as shown in
Exhibit "E" and the "Mitigation/Conditions of Approval" for the project as shown in
Exhibit "B".
4. Attached Exhibit "C" containing the "Statement of Facts, Findings, and Mitigation
Measures" are appropriate and incorporated into the project.
5. Attached Exhibit "D" containing the "Statement of Overriding Considerations" related
to significant unavoidable agriculture and aesthetics impacts are appropriate and
incorporated into the project.
6. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
7. Based on the absence of evidence in the record as required by Section 21082.2 of the
State of Califomia Public Resources Code (CEQA) for the purposes of documenting
significant effects, it is the conclusion of the Lead Agency that this project will result in
impacts that fall below the threshold of significance with regard to wildlife resources and,
therefore must be granted a "de minimis" exemption in accordance with Section 711 of
the State of California Fish and Game Code. Additionally the assumption of adverse
effect is rebutted by the above-referenced absence of evidence in the record and the
lead agency's decision to prepare an Environmental Impact Report for this project.
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I HEREBY CERTIFY that the foregoing Resolution was passed al1d adopted bOsthe Council
of the City of Bakersfield at a regular meeting thereof held on AUG 1 6 20
by the following vote:
aYES:""')
NO~
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cle of the
Council of the City of Bakersfield
APPROVED
AUG 1 6 2006
HARVEY L. HA L
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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EXHIBIT A
B
C
D
E
Land Use Element Amendment Map
Mitigation/Conditions of Approval
Statement of Facts, Findings, and Mitigation Measures
Statement of Overriding Considerations
Mitigation Monitoring and Reporting Program
PH - S:\GPA 2nd 2006\05-0519 Ashe No.4 EIR\Resolutions\CC GPA.doc
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Exhibit A
Land Use Element Amendment Map
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Exhibit B
Mitigation/Conditions of Approval
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EXHIBIT B
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-0519
MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT:
Aariculture
1. Prior to development, the applicant shall pay a fee of 12.5% of the full-assessed value
of the parcels for cancellation of Williamson Act contracts. Mitigation for significant
agriculture impacts.
2. Prior to development, the applicant shall inform future residents about adjacent
agricultural use through a covenant filed on the Project site (disclosed to residents
through the purchase process), or through disclosure forms that shall be signed by new
residents. The disclosure forms shall indicate that the resident acknowledges that the
surrounding land uses consist of agriculture and that agriculture use includes activities
to support agriculture, including pesticide use, dust generation from plowing, and slow-
moving agricultural vehicles. Mitigation for significant agriculture impacts.
Public Health and Safety
3. Prior to development the developer shall conduct soil characterization and sampling of
the stained soil within the Project site underneath the smoke pots and burners as
needed to determine the presence or absence of hazardous materials. If
concentrations of materials are detected above regulatory cleanup levels during
demolition or construction activities, the following mitigation measure shall include:
. Excavation and disposal at a permitted, off-site facility;
. On-site treatment; or
. Other measures as appropriate.
Prior to development, the Applicant shall remediate all oil-contaminated soils to the
satisfaction of the Local Unified Program Agency (the Office of Environmental Services
Bakersfield City Fire Department) in conjunction with the State Regional Water Quality
Control Board and/or the California Department of Toxic Substances Control. Mitigation
for potentially significant public health and safety impacts.
4. In areas of the Project site where elevated levels of volatile fuel hydrocarbons are
present, the following mitigation measure shall include:
.
Excavation and disposal at a permitted, off-site facility;
On-site treatment; or
Other measures as appropriate.
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Exhibit B
GPAlZC No. 05-0519
Mitigation/Conditions of Approval
Prior to development, the applicant shall remediate all oil-contaminated soils to the
satisfaction of the Local Unified Program Agency (the Office of Environmental Services
of the Bakersfield City Fire Department) in conjunction with the State Regional Water
Quality Control Board and/or the California Department of Toxic Substances Control.
Mitigation for potentially significant public health and safety impacts.
5. Prior to development the Applicant shall remove and properly dispose of the on-site
debris, consisting of drums, containers, stained vehicle parts and equipment, and
miscellaneous debris, at an approved landfill facility. The areas beneath and around the
removed debris shall be visually inspected. Any stained soils observed underneath the
debris shall be sampled. If concentrations of materials are detected above regulatory
cleanup levels during sampling activities, the mitigation measure shall include:
. Excavation and disposal at a permitted, off-site facility;
. On-site treatment; or
. Other measures as appropriate.
Mitigation for potentially significant public health and safety impacts.
6. Due to the elevated concentrations of pesticide and fungicide residues in excess of
acceptable Federal, State, and/or County levels, the Project Applicant shall identify and
implement remedial action (subject to approval by the City of Bakersfield and
responsible regulatory agencies), to reduce contaminants to acceptable levels.
Mitigation for potentially significant public health and safety impacts.
7. Concurrently with recordation of any phase that includes the pipeline easements or
portions thereof, the subdivider shall show the easements on the final map with a
notation that structures, including accessory buildings and swimming pools, are
prohibited within the easements and record a corresponding covenant. Mitigation for
potentially significant public health and safety impacts.
8. Prior to or concurrently with recordation of any phase that includes the pipeline
easements or portions thereof, the subdivider shall show on the final map that no
habitable portion of a structure may be built within 50 feet of a gas main, or transmission
line, or refined liquid product line with 36 inches of cover, and record a corresponding
covenant. Mitigation for potentially significant public health and safety impacts.
9. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined
product with 48 inches or more of cover. If a pipeline meets this criteria, the Project
applicant shall incorporate the 40-foot setback line in the final map and a corresponding
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Page 2 of 18
Exhibit B
GPAlZC No. 05-0519
Mitigation/Conditions of Approval
covenant shall be recorded prior to or concurrently with recordation of any phase that is
affected. Mitigation for potentially significant public health and safety impacts.
10. Prior to or concurrently with recordation of any phase within 250 feet of the pipeline
easements, subdivider shall record a covenant disclosing the location of the pipelines
on all lots of this subdivision within 250 feet of the pipelines. Mitigation for potentially
significant public health and safety impacts.
11. Prior to development the developer shall conduct an asbestos survey to determine the
presence or absence of asbestos-containing materials and submit the results to the City
of Bakersfield. If asbestos-containing materials are found, abatement of asbestos shall
be required before any demolition activity that would disturb asbestos-containing
materials or create an airborne asbestos hazard is permitted. Asbestos removal shall
be performed by a State-certified asbestos containment contractor in accordance with
San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8021, which requires:
. A survey of the facility prior to issuance of a permit by SJV APCD;
. Notification of the SJVAPCD prior to construction activity;
. Removal of asbestos in accordance with prescribed procedures;
. Placement of collected asbestos in leak-tight containers or wrapping; and
. Proper disposal of the asbestos.
Mitigation for potentially significant public health and safety impacts.
12. Prior to development, the developer shall conduct a survey to determine the presence
or absence of lead-based paint and submit the results to the City of Bakersfield. If lead-
based paint is found, abatement shall be required before any demolition activities occur
that would create a lead dust or fume hazard. Lead-based paint removal shall be
performed in accordance with California Code of Regulation Title 8, Section 1532.1,
which specifies exposure limits, exposure monitoring, and respiratory protection, and
mandates good working practices by workers exposed to lead. The person performing
lead-based paint removal shall provide evidence of certified training for lead-related
construction work. Mitigation for potentially significant public health and safety impacts.
13. Prior to development, the developer shall construct a six foot high chain-link fence, or
equivalent barrier as determined by the advisory agency, shall be constructed between
any subdivision and the right-of-way line of any irrigation canal within or adjacent to the
subdivision, as specified in City of Bakersfield Subdivision and Engineering Design
Manual Standard S-10. Mitigation for potentially significant public health and safety
impacts.
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Exhibit B
GPAlZC No. 05-0519
Mitigation/Conditions of Approval
Aesthetics, Liaht. and Glare
14. With submittal of a tentative tract map application, the developer shall show the
temporary construction equipment staging areas within the Project site through the
duration of construction. Appropriate distance separation from adjacent residences
shall be shown, subject to review and approval of the City Planning Department.
Additionally, all construction activities would be required to be consistent with the
Bakersfield Municipal Code requirements and conditions of approval. Mitigation for
potentially significant aesthetics, light, and glare impacts.
15. Prior to development, the Project Contractor shall ensure that all mechanical and
electrical equipment to be installed on the structure or on the ground is adequately
screened from public view. The screening shall be considered as an element of the
overall design and must blend with the architectural design of the building and/or
landscaping, as appropriate. Construction plans for the buildings shall indicate any
fixtures or equipment to be located on the roof of the respective structure, equipment
types, and design of the screening material. The method of screening shall be reviewed
and approved by the City Planning Department. Mitigation for potentially significant
aesthetics, light, and glare impacts.
16. Prior to development, the Project Applicant shall ensure that the Project's exterior
lighting does not spill over onto the adjacent uses, all exterior light fixtures, including
street lighting, shall be shielded or directed away from adjoining uses, pursuant to all
applicable lighting standards and requirements of the City of Bakersfield Municipal Code
and Zoning Code. Mitigation for potentially significant aesthetics, light, and glare
impacts.
Traffic and Circulation
17. Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be submitted
for review and approval to the City of Bakersfield Public Works Department. Such plan
shall consist of prior notices, adequate sign posting, and detours (including for
pedestrians and bicyclists). The TMP shall specify implementation timing of each plan
element (prior notices, sign-posting, detours, etc.) as determined appropriate by the City
Engineer. Adequate access to and from adjacent residential areas shall be provided at
all times. The TMP shall be reviewed and approved by the City Police and Fire
Departments so that construction does not interfere with any emergency response or
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Exhibit B
GPAlZC No. 05-0519
Mitigation/Conditions of Approval
evacuation plans. Construction activities shall proceed in a timely manner to minimize
impacts. Mitigation for potentially significant traffic and circulation impacts.
18. During development the Project Contractor shall establish proper detours and warning
signs to ensure public safety. This includes the use of proper lighting (where
appropriate); fencing and shielding; proper storage of equipment and construction
supplies; and covering loose piles of soil, silt, clay, sand debris, or other earthen
material. Mitigation for potentially significant traffic and circulation impacts.
19. Prior to the issuance of building permits, the project applicant shall participate in the
RTIF Program. The project applicant shall submit funding calculations for all
improvements associated with the RTIF Program pursuant to Table 5.5-5, Summary of
Impacts/Mitigation, of the Final EIR for GPAlZC 05-0519 to the satisfaction of the Public
Works Department. Mitigation for potentially significant traffic and circulation impacts.
20. Prior to the issuance of building permits, the project applicant shall participate in the
improvements required on a pro-rata, fair-share basis pursuant to Table 5.5-5,
Summary of Impacts/Mitigation, of the Final EIR for GPAlZC 05-0519 to the satisfaction
of the Public Works Department. Mitigation for potentially significant traffic and
circulation impacts.
21 . Prior to development, the City shall update the Metropolitan Bakersfield General Plan
Bikeway Master Plan to reflect bikeways implemented as part of the proposed Project.
Mitigation for potentially significant traffic and circulation impacts.
Noise
22. Prior to development, the Contractor shall provide evidence acceptable to the City
Planning Department that (1) all construction equipment, fixed or mobile, operated
within 1,000 feet of a dwelling unit shall be equipped with properly operating and
maintained mufflers; (2) construction activities shall be limited to the designated daytime
hours as specified by the City of Bakersfield (currently 6 AM to 9 PM on weekdays and
8 AM and 9 PM on weekends). No construction is allowed on Federal holidays. These
restrictions apply to all trucks, vehicles, and equipment that are making or involved with
material deliveries, loading or transfer of materials, equipment service, and
maintenance of any devices for or within the Project construction site. Mitigation for
potentially significant noise impacts.
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Exhibit B
GPAlZC No. 05-0519
Mitigation/Conditions of Approval
23. During construction, the Project Contractor shall place stationary construction
equipment such that emitted noise is directed away from noise-sensitive receptors. The
placement of the equipment shall meet the satisfaction of the Building Official and is
subject to site inspection. Additionally, the Project Contractor shall provide evidence of
the placement of the stationary equipment to the Building Official. Mitigation for
potentially significant noise impacts.
24. Prior to development the Project Contractor shall incorporate muffling features into all
construction vehicles and equipment and into construction methods, and shall maintain
all construction vehicles and equipment in efficient operating condition. The Project
Contractor shall provide evidence to the City Planning Department that the above
muffling and maintenance measures have been implemented. Mitigation for potentially
significant noise impacts.
25. Prior to development, the Applicant shall provide evidence to the Planning Department
that stockpiling and construction vehicle staging areas shall be located as far away as
practical from noise-sensitive receptors during construction activities. Mitigation for
potentially significant noise impacts.
26. With submittal of a Tentative Tract Map Application, the Applicant shall conduct a site
specific acoustical analysis to determine the adequacy of sound walls and/or design to
ensure compliance with the City of Bakersfield's noise standards as indicated in the
Metropolitan Bakersfield General Plan Environmental Impact Report. Mitigation for
potentially significant noise impacts.
Air Qualitv
27. Prior to issuance of a grading permit, the developer shall prepare and submit a dust
control plan. The plan shall be prepared consistent with District Regulation VIII and
must be reviewed and approved by the SJV APCD prior to the commencement of
grading activities. The dust control measures selected shall be incorporated as a note
on each grading plan. Mitigation for potentially significant air quality impacts.
28. Prior to issuance of any building permit the developer shall submit to the Planning
Department a written guarantee stating that during the construction phase all
construction equipment in use on the Project site and on the way to and from the
Project site shall comply with the following construction equipment exhaust mitigation
measures; the following mitigation measures shall be utilized during the construction
phase of the Project to reduce construction exhaust emissions. These mitigation
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Exhibit B
GPA/ZC No. 05-0519
Mitigation/Conditions of Approval
measures are stated in the GAMAQI guidance document as approved mitigation for
construction equipment:
. Properly and routinely maintain all construction equipment, as recommended by
manufacturer's manuals, to control exhaust emissions.
. Shut down equipment when not in use for extended periods of time, to reduce
exhaust emissions associated with idling engines.
. Encourage ride-sharing and use of transit transportation for construction
employees commuting to the Project site.
. Use electric equipment for construction whenever possible in lieu of fossil fuel-
fired equipment.
. Curtail construction during periods of high ambient pollutant concentrations; this
may include ceasing construction activity during the peak hour of vehicular traffic
on adjacent roadways.
Mitigation for potentially significant air quality impacts.
29. Construction of the Project requires the implementation of control measures set forth
under Regulation VIII of the San Joaquin Valley Air Pollution Control District (SJAPCD),
Fugitive PM10 Prohibition. During construction the contractor shall implement the
following measures, in addition to those required under Regulation VIII of the
SJVAPCD, in order to reduce fugitive dust emissions, and provide evidence to the
Planning Department that the following measures are complied with:
. A six-foot high dust fence shall surround the construction site during primary
grading activities.
. All disturbed areas, including storage piles, which are not being actively utilized
for construction purposes, shall be effectively stabilized of dust emissions using
water, chemical stabilizer/suppressant, covered with a tarp or other suitable
cover, or vegetative ground cover.
. All on-site paved roads with off-site 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.
. When materials are transported off-site, all material shall be covered or
effectively wetted to limit visible dust emissions, and at least six 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
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Exhibit B
GPAlZC No. 05-0519
Mitigation/Conditions of Approval
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 pile, said piles shall be effectively stabilized of fugitive
dust emissions utilizing sufficient water or chemical stabilizer/suppressant.
. Within urban areas, trackout shall be immediately removed whenever 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.
· Asphalt-concrete paving shall comply with SJV APCD Rule 4641 and restrict the
use of cutback, slow-cure, and emulsified asphalt paving materials.
. Cease grading activities during periods of high winds (greater than 20 miles per
hour (mph) over a one-hour period).
. Limit the speed of construction-related vehicles to 15 mph on all unpaved areas
at the construction site.
. Implement, carryout, and trackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJV APCD Regulation VIII.
Mitigation for potentially significant air quality impacts.
30. Transportation control measures and design features can be incorporated into the
Project to reduce emissions from mobile sources. The control measures listed below
provide a strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle
idling and traffic congestion for the purpose of reducing motor vehicle emissions. These
features were incorporated into the emission estimates for the Project and are therefore
required in order to achieve the emission level present above. Prior to development the
Project Applicant shall incorporate the following measures into the design of the Project
site:
. Incorporate sidewalks throughout the Project, with adequate safety signage and
appropriate lighting. Connect sidewalks to any open space or recreational areas
and to nearby transit loading areas and/or shelters.
. Improve streets and traffic signals for intersections and street segments, which
may impact the surrounding local roadway system due to traffic, generated by
the proposed developments.
Mitigation for potentially significant air quality impacts.
31. In order to reduce the Project's net emissions of 30.87 TPY of ROG and 14.42 TPY of
NOx to zero, the Project Applicant shall provide emission offsets through participation in
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ORIGINAL
Exhibit 8
GPAlZC No. 05-0519
Mitigation/Conditions of Approval
a voluntary emission reduction project (VERP) through the SJVAPCD. Available
mitigation programs can consist of, but are not limited to, the following:
Public Works Improvement Proiects:
Project or projects approved by the City Public Works Department that will reduce
emissions as described above. The improvements for said project must be completed
and accepted by the Public Works Department prior to recordation of individual
development phases. The project(s) selected shall be one(s) not otherwise funded or
constructed with this proposed project. The subdivider is responsible for all costs to
determine the emission reductions associated with proposed Public Works project(s).
Documentation for public works improvement project(s) demonstrating mitigation
compliance shall be submitted to the Planning Director prior to recordation of individual
development phases. The types of public works improvement project(s) used for the
reduction in emissions may include, but are not limited to, the following types:
. Construction of a new warranted signal.
. Modification of an existing signalized intersection to add additional left turn
storage or dedicated right turn capability.
Other Proiects:
These are nonpublic works projects selected by the subdivider that shall reduce
emissions as described above. The subdivider is responsible for all costs to determine
the emission reductions associated with the proposed project( s). Proof of mitigation
compliance shall be submitted to the Planning Director prior to recordation of individual
development phases. Proof of compliance may include documentation of the number,
type, and year of cars crushed; location and type of engine modified, photo
documentation, and quantification of emission reduction by the San Joaquin Valley Air
Pollution Control District or an air quality consultant. The types of project(s) used for the
reduction in emissions may include, but are not limited to, the following types:
. Car crushing of older model cars.
. Modification to stationary diesel engines, such as those under agricultural use.
. Modification of fleet vehicles and/or other mobile sources.
Page 9 of 18
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ORIGINAL
Exhibit B
GPA/ZC No. 05-0519
Mitigation/Conditions of Approval
SJVAPCD Mitiaation Fund:
Air quality mitigation fees, of the amount to be determined by the SJV APCD and the
subdivider, are due to the SJVAPCD Fund account prior to recordation of any final tract
map. Proof of payment and SJVAPCD mitigation certificates shall be provided to the
Planning Director prior to recordation of each phase of a final tract map.
Fees paid to the SJV APCD through an approved indirect source emissions fee program
may be utilized to provide applicable offsets for the proposed Project.
If, during the life of the Project, the City of Bakersfield adopts an emissions mitigation
program that provides equal or more effective mitigation than the measures listed
above, the developer may choose to participate in the City's program to mitigate air
quality impacts.
A VERP shall require the Project Applicant to enter into a binding agreement with the
SJVAPCP. This agreement will require the SJVAPCD to:
. Review air emission impact assessment protocol and quantification of emission
estimates attributable to the Project;
. Acceptance of the estimated monetary value of the emission reductions to equal
the emissions from the Project;
. Locate and implement emission reductions; and
. Certify that the emissions reductions have been made to the lead agency and the
developer in a form of a certificate.
Mitigation for potentially significant air quality impacts.
Bioloaical Resources
32. Prior to development, the Project Applicant shall ensure that construction vehicle speed
limits shall not exceed 20 miles per hour (mph) and shall be posted throughout the site
for the duration of construction activities. Mitigation for potentially significant biological
resources impacts.
33. Prior to development, the Project Applicant shall take avoidance measures for San
Joaquin kit fox dens, follow all agency guidelines regarding kit fox tracking and
excavation to prevent entrapment of animals in potential dens, as required by the
Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Mitigation for potentially
significant biological resources impacts.
Page 10 of 18
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ORIGINAL
Exhibit B
GPAlZC No. 05-0519
Mitigation/Conditions of Approval
34. Prior to development, the Project Applicant shall conduct preconstruction surveys for
known dens, inspect large trees for raptor nesting, and other nest sites and implement
appropriate and/or necessary take avoidance measures for the San Joaquin kit fox and
protected bird species in accordance with the MBHCP and the Migratory Bird Treaty
Act. Mitigation for potentially significant biological resources impacts.
35. Prior to development, the Project Applicant shall conduct preconstruction surveys
before disking or ground disturbance to ensure that no California ground squirrel
burrows are present and to prevent potential entrapment of burrowing owls. Survey the
buildings to ensure that no raptors are nesting at the time of demolition. If nests are
encountered, use agency-approved buffer zones and avoid nests until the young have
fledged. Mitigation for potentially significant biological resources impacts.
36. Prior to development, if any previously unidentified protected species that is not
addressed in the MBHCP is found to be present, the Project Applicant shall avoid the
species and have it evaluated by a qualified biologist. Notify the U.S. Fish and Wildlife
Service (USFWS) and the California Department of Fish and Game (CDFG) any
previously unreported protected species. Any take of protected wildlife shall be reported
immediately to the CDFG and USFWS. Mitigation for potentially significant biological
resources impacts.
37. Prior to development the Project Applicant shall conduct pre construction surveys prior
to ground disturbance to ensure that no burrowing owls are present on-site and to
ensure avoidance of direct take or accidental entrapment of burrowing owls. If nests are
encountered, use agency-approved buffer zones and avoid nests until the young have
fledged. Additionally, the following measures, taken from the Staff Report on Burrowing
Owl Mitigation (CDFG 1995) should be followed in order to minimize impacts, preserve
habitat, and reduce potential impacts to burrowing owls to a level of less than
significant:
. Occupied burrows shall not be disturbed during the nesting season (February 1
through August 31) unless a qualified biologist approved by the CDFG verifies
through noninvasive methods that either: (1) the birds have not begun egg-laying
and incubation; or (2) that juveniles from the occupied burrows are foraging
independently and are capable of independent survival.
. If owls must be moved away from the disturbance area, passive relocation
techniques as described in the Staff Report on Burrowing Owl Mitigation should
be used rather than trapping. At least one or more weeks will be necessary to
accomplish this and allow the owls to acclimate to alternative burrows.
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Exhibit B
GPAlZC No. 05-0519
Mitigation/Conditions of Approval
Mitigation for potentially significant biological resources impacts.
38. During construction, the Project Contractor and construction workers shall dispose of all
food, garbage, and plastic in closed containers and regularly remove the containers
from the site to minimize attracting ranging kit fox or other animals to the site where they
may be harmed. Mitigation for potentially significant biological resources impacts.
Cultural Resources
39. If archaeological resources are discovered during excavation and grading activities on-
site, the contractor shall stop all work and shall retain a qualified archaeologist to
evaluate the significance of the finding and appropriate course of action. Salvage
operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be
followed and the treatment of discovered Native American remains shall comply with
State codes and regulations of the Native American Heritage Commission. Mitigation
for potentially significant cultural resources impacts.
40. If human remains are discovered as a result of the Project during development, all
activity shall cease immediately, and the Contractor shall notify the Kern County
Coroner's Office immediately under state law, and a qualified archaeologist and Native
American monitor shall be contacted. Should the Coroner determine the human
remains to be Native American, the Native American Heritage Commission shall be
contacted pursuant to Public Resources Code Section 5097.98. Mitigation for
potentially significant cultural resources impacts.
Public Services and Utilities
41. With submittal of the Tentative Tract Map the development project shall be reviewed by
the City of Bakersfield Fire Department. Specific Department requirements for access,
fire flow, hydrants, or other fire and life safety requirements shall be addressed.
Mitigation for potentially significant public services and utilities impacts.
42. Pursuant to Government Code Sections 65995, 65996, and 65997, mitigation of the
proposed Project's impacts on public school facilities will be limited to the collection of
statutory fees authorized under Education Code Section 17620 and Government Code
Sections 65995, 65995.6, and 65995.7 at the time that building permits are issued.
Currently these fees are set a $2.24 per square foot, an amount subject to adjustment
every two years. The alternative fees authorized by Government Code Sections
65995.6 and/or 6995.7, required for this project, may be significantly higher than the
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ORIGINAL
Exhibit B
GPA/ZC No. 05-0519
Mitigation/Conditions of Approval
current amount. The developer shall pay the appropriate fees at the time the building
permits are issued. Mitigation for potentially significant public services and utilities
impacts.
43. The proposed Project would be required to contribute development impact fees to the
District in accordance with the above-mentioned standards and policies. Mitigation for
potentially significant public services and utilities impacts.
44. At the time of tentative map approval, parkland dedication at a standard of 2.5 acres per
1,000 persons, or a payment of in-lieu fees based upon current land values, or
combination thereof, shall be required to the satisfaction of the Planning Commission.
Mitigation for potentially significant public services and utilities impacts.
45. Prior to recordation of a tentative tract map, the developer/owner shall record a
covenant for each lot in the subdivision that prohibits the export of groundwater from the
subdivision except by the water purveyor that is serving the subdivision. Additionally,
the developer/owner shall pay City fees for inspection of installation of water facilities
and City Water Availability Fees. Payment of fees shall be made to the City on a pro-
rata basis prior to final acceptance and recordation of each phase of the Project, based
on the percentage of the gross acreage contained in the particular phase to be
accepted and recorded, as compared with the total gross acreage within the entire
Project. All water main, service connections, and fire hydrants shall be installed by the
developer and dedicated to the City. Plans and specifications for such water mains and
appurtenances shall be prepared by and/or approval of plans for installation shall be by
the City of Bakersfield. All improvements must be installed or bonded for prior to the
City issuing a letter guaranteeing a water supply. Mitigation for potentially significant
public services and utilities impacts.
46. During construction, the Contractor shall separate all Project construction debris and
construction-related debris into recyclable and non recyclable items. All recyclable debris
shall be transported to appropriate recycling facilities so as to reduce waste disposed of
at County landfills. Additionally, recyclable materials and materials consistent with the
waste-reducing goals of the City shall be used in all aspects of construction, when
possible. Mitigation for potentially significant public services and utilities impacts.
47. Prior to development, the Project applicant shall submit, for review, a Construction and
Demolition Recycling Plan to the KCWMD. The Recycling Plan shall include 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 and
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Exhibit 8
GPA/ZC No. 05-0519
Mitigation/Conditions of Approval
location of material disposal. Mitigation for potentially significant public services and
utilities impacts.
48. Prior to development, the Project Applicant shall provide universal waste collection to
the Project site along with potential mandatory collection for curbside recycling.
Mitigation for potentially significant public services and utilities impacts.
Geologic and Seismic Hazards
49. Prior to development, the Project Applicant shall conduct a detailed liquefaction
potential study as part of the design level geotechnical investigation. Final grading and
street design shall be based on detailed geologic and geotechnical evaluations of
existing site conditions combined with a comprehensive assessment of final engineering
plans by a professional Registered Geologist. Prior to the approval of final project plans
and specifications, the City Engineer, or his designee, shall confirm that recommended
geotechnical recommendations have be incorporated into the Project design to
adequately mitigate the effects of liquefaction. Mitigation for potentially significant
geologic and seismic hazards impacts.
Hydrology and Water Quality
50. Prior to development, the Applicant shall provide confirmation that recommended
design elements have been incorporated so that the Project site would be adequately
protected from the 100-year storm, would not adversely impact downstream properties,
and is designed in conformance with applicable City requirements. Mitigation for
potentially significant hydrology and water quality impacts.
51. Prior to development, the Applicant shall provide the drainage system design for future
developments and all future roadways, which shall include, but not be limited to the
following requirements:
. Future on-site roadways shall be designed to accommodate adequate flow
capacity;
. Appropriate minimum stormdrain pipe size diameter shall be specified by the City
Engineer; and
. Stormdrain flow velocity limitations shall be specified by the City Engineer.
Mitigation for potentially significant hydrology and water quality impacts.
52. Prior to approval of individual development projects by the Director of Public Works or
his/her designee, the Project Applicant shall confirm that the Project plans stipulate that
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Exhibit B
GPAlZC No. 05-0519
Mitigation/Conditions of Approval
prior to issuance of any grading permits, the project applicant shall file a Notice of Intent
(NOI) and pay the appropriate fees, pursuant to the NPDES program. Mitigation for
potentially significant hydrology and water quality impacts.
53. Prior to development, the Project contactors shall incorporate stormwater pollution
control measures into a SWPPP; BMPs shall be implemented; evidence that proper
clearances have been obtained through the SWRCB, including coverage under the
NPDES statewide General Stormwater Permit for Construction Activities, must be
demonstrated; and a Standard Urban Storm Water Mitigation Plan (SUSMP) shall be
required as required in the NPDES permit for the area of the Project site draining to the
Kern River. Mitigation for potentially significant hydrology and water quality impacts.
54. Prior to development, the Project Applicants of future projects shall prevent any off-site
impacts during the construction phase. Erosion control measures and temporary basins
for desiltation and detention shall be in place, as approved by the Director of Public
Works. The basins and erosion control measures shall be shown and specified on the
grading plans and shall be constructed to the satisfaction of the Director of Public Works
prior to the start of any other grading operations. Mitigation for potentially significant
hydrology and water quality impacts.
55. Prior to development, the Project contactors of any future Project shall obtain a SUSMP
for the proposed Project, as required in the NPDES permit for areas draining to the Kern
River. Mitigation for potentially significant hydrology and water quality impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Williamson Act land Use Contract Cancellation
56. Prior to annexation of the portion of the GPAlZC area that is under a Williamson Act
land use contract (Assessor's Parcel Number 184-220-52), the applicant shall process a
contract cancellation request through the Kern County Planning Department and obtain
approval from the Kern County Board of Supervisors. 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's Parcel Number
184-220-52, the applicant/developer shall provide proof to the City of Bakersfield
Planning Department that the required Williamson Act Land Use Contract cancellation
fee of $161 ,600, or as calculated by the Kern County Assessor's Office, has been paid
to the Kern County Treasurer. For orderly development.
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ORIGINAL
Exhibit B
GPAlZC No. 05-0519
Mitigation/Conditions of Approval
Public Works
57. Along with the submittal of any development plan, prior to approval of improvement
plans, or with the application for a lot line adjustment or parcel merger, the following
shall occur:
a. Provide fully executed dedication for Taft Highway to Caltrans standards, and
Stine Road and Ashe Road to arterial standards for the full frontage of the area
within the GPAlZC request. Dedications shall include sufficient widths for
expanded intersections and additional areas for landscaping as directed by the
City Engineer. Submit a current title report with the dedication documents. If a
tentative subdivision map over the entire GPAlZC area is submitted, dedication
can be provided with the map.
b. Submit a comprehensive drainage study to be reviewed and approved by the
City Engineer. The City will allow no more than one sump per 80 acres; 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. This
sewer line must necessarily be sized to serve a much larger area that the project
area. A trunk line sewer shall be installed in Ashe Road and cross under Taft
Highway. 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.
d. In order to preserve the permeability of the sump and to prevent the introduction
of sediments from construction or from storm events, all retention and detention
basins (sumps) shall have a mechanical device in the storm drain system to
remove or minimize the introduction of oil, grease, trash, and sediments to the
sump. This device shall be reviewed and approved by the City Engineer, and
shall provide the greatest benefit to the storm drain system with the least
maintenance cost.
For orderly development.
58. The entire area covered by this General Plan Amendment shall be included in the
Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the
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ORIGINAL
Exhibit B
GPAlZC No. 05-0519
Mitigation/Conditions of Approval
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. For orderly development.
59. Access to the site from Taft Highway is not allowed. For orderly development.
60. A sewer line shall be installed in Ashe Road. For orderly development.
61. Developer shall pay their proportionate share of the cost and shall aid in the formation
of a Major Bridge and Thoroughfare District for the widening of the crossings over the
Farmers Canal at Taft Highway, Curnow Road, Engle Road, and Ashe Road. For
orderly development.
62. Developer shall work with the engineer of Tract 6813 for the layout of street locations.
For orderly development.
63. Payment of median fees for the arterial frontage of the property within the GPAlZC
request is required prior to recordation of any map or approval of any improvement plan
for the GPAlZC area. For orderly development.
64. Prior to the issuance of building permits, the project applicant shall participate in the
RTIF program. The applicant shall submit the funding calculations for all improvements
associated with the RTIF program pursuant to Table 10 from the project traffic study to
the satisfaction of the Public Works Department. Based upon the current RTIF list,
Table 10 shows the fee to be $2,855.56. Said calculations shall be updated based
upon the adopted RTIF at time of further subdivision. For orderly development.
Master Park and Trails Plan
65. Prior to or with submittal of any tentative tract map application for the GPAlZC area, the
applicant shall submit a master park and trails plan for the project subject to a public
hearing and approval by the Planning Commission. This plan may be processed
concurrently with a subdivision application. For orderly development.
City Attornev
66. 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
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ORIGINAL
Exhibit B
GPA/ZC No. 05-0519
Mitigation/Conditions of Approval
indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents,
employees, departments, commissioners or boards ("City" herein) against any and all
liability, claims, actions, causes of action or demands whatsoever against them, or any
of them, before administrative or judicial tribunals of any kind whatsoever, in any way
arising from, the terms and provisions of this application, including without limitation any
CEQA approval or any related development approvals or conditions whether imposed
by the City, or not, except for CITY's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any
decision by the City related to this project and the obligations of this condition apply
regardless of whether any other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling
under this condition within thirty (30) days of actually receiving such claim. The City, in
its sole discretion, shall be allowed to choose the attorney or outside law firm to defend
the City at the sole cost and expense of the Applicant and the City is not obligated to
use any law firm or attorney chosen by another entity or party.
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ORIGINAL
Exhibit C
Statement of Facts, Findings, and Mitigation Measures
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ORIGINAL
FINAL
FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS
FOR THE
ASHE NO.4 ANNEXATION PROJECT EIR
GPA/ZC NO. 05-0519
SCH # 2005061092
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BAKERSFIELD
Lead Agency:
CITY OF BAKERSFIELD
1715 Chester Avenue
Bakersfield, California 93301
Contact: Mr. Marc Gauthier
(661) 326-3786
Consultant:
RBF CONSULTING
14725 Alton Parkway
Irvine, California 92618
June 2006
IN 10-104412
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TABLE OF CONTENTS
STATEMENT OF FACTS AND FINDINGS.......... ................................. ..................... ................. 1
I. Introduction ,. .............. .................. ....................... ..... ................ ........................... 1
II. Project Description........................... ......................................... .................... .......2
III. Findings with Respect to Significant Effects ........................................................2
IV. Findings with Respect to the Environmental Review Process .............................. 3
V. Findings Regarding Impacts Determined to be Insignificant in
the Initial Study/Notice of Preparation............................ ......................................4
VI. Findings Regarding Effects Determined to be Insignificant
Or Less Than Significant....... ........................ ............................... .............. ........ 12
VII. Findings Regarding Effects Determined To Be Mitigated
To Less Than Significant Levels........................................................................ 26
VIII. Findings Regarding Infeasibility of Mitigation Measures
For Significant Impacts .............................. .................... ....................... ............. 58
IX. Finding Regarding Alternatives ....... ......................... .................................. ........ 63
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CITY OF BAKERSFIELD
Ashe No.4 Annexation
GPAlZC No. 05-0519
BAKERSFIELD
STATEMENT OF FACTS AND FINDINGS
I. INTRODUCTION
The following statement of facts and findings have been prepared in accordance with the
California Environmental Quality Act (CEQA) and Public Resources Code Section 21081.
CEQA Guidelines Section 15091 provides that:
"No public agency shall approve or carry out a project for which an environmental
impact report has been certified which identifies one or more significant effects
on the environment that would occur if the project is approved or carried out
unless the public agency makes one or more of the following findings:
The following potential significant impacts of the proposed Project have been separated into
three categories:
(1) Those potential impacts that have been determined to be less than significant,
based on review of available information in the Project record, and in
consideration of existing standard development review requirements and existing
codes and regulations;
(2) Those potential impacts that could be mitigated to a level that is considered less
than significant with the implementation of the recommended mitigation
measures; and
(3) Those potential impacts that could not be reduced to a less than significant level
with the implementation of the existing policies and standards and the
recommended mitigation measures.
For potentially significant impacts (categories (2) and (3) above), the City of Bakersfield ("City")
has made one of the following three findings for each potentially significant impact and provides
facts in support of each finding in accordance with CEQA Guidelines Section 15091:
a. Changes or alterations have been required in, or incorporated into, the Project
which mitigate or avoid the significant effects on the environment.
b. Those changes or alterations required in the Project to mitigate or avoid
significance environmental effects are within the responsibility and jurisdiction of
another public agency and have been, or can and should be, adopted by that
other agency.
c. Specific economic, social, or other considerations make infeasible the mitigation
measures or Project alternatives identified in the final environmental impact
report. "
The Final EIR for the Ashe NO.4 Annexation identifies certain significant environmental effects
which may occur as a result of the Project. Therefore, findings are set forth herein pursuant to
Section 15091 of the CEQA Guidelines. The Summary of Mitigation Measures is based in part
on the requirements contained in Section 21081.6 of the Public Resources Code (see Exhibit
B). A Mitigation Monitoring Program will be adopted as part of the Resolution.
JN 10-104412
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June 2006
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CITY OF BAKERSFIELD
Ashe No.4 Annexation
GPAlZC No, 05-0519
BAKERSFIELD
II. PROJECT DESCRIPTION
The proposed Project involves actions necessary for a General Plan Amendment (Gp,A), zone
change, Williamson Act Contract cancellation, and Agricultural Preserve Exclusion, and
annexation of approximately 466.84 acres within unincorporated Kern County (County) into the
corporate limits of the City of Bakersfield (City). The proposed Project is situated within the
current Sphere of Influence (SOl) boundary identified in the Metropolitan Bakersfield General
Plan (General Plan).
The annexation, GPA, and zone change would permit development of a residential area. The
residential development would include approximately 2,334 single-family residential units.
Approximately 181.81 acres of the Project site is zoned for Planned Unit Development (PUD).
The residential units on 285.03 acres would be constructed on 6,OOO-square-foot, 7,000-square- .
foot, and 8,OOO-square-foot lots with an average density of 5.0 dwelling units per gross acre.
The residential units, approximately 906 lots, under the PUD zoning would be constructed on
minimum 4,500 square-foot lots.
The western portion of the Project site was historically under a Williamson Act Land Use
contract, however, the contract expired on February 28, 1982. Approximately 16.41 acres of the
eastern portion of the Project site is currently under a Williamson Act Land Use contract. A
notice of non-renewal for this property was submitted to Kern County on December 31, 2005.
The contract is anticipated to expire on December 31,2014. Additionally, the entire Project site
is located within Agricultural Preserve Area (number 10-11, Agricultural Preserve Map 142).
Therefore, the proposed Project would involve an Agricultural Preserve Exclusion.
The Farmers Canal, owned and operated by the Kern Delta Water District (KDWD), traverses
the Project site from southwest to northeast. The Canal is proposed to be relocated. The future
alignment of the Canal will be specified on the tentative tract maps and any modifications to the
Canal will be formally approved by KDWD prior to construction.
III. FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS
The City of Bakersfield, as Lead Agency and decision-maker for the Project, has reviewed and
considered the information contained in both the Draft and Final EIRs prepared for the Asho No.
4 Annexation Project and the public record. The Lead Agency makes the following finding
pursuant to CEQA and the CEQA Guidelines:
1. The City of Bakersfield, as Lead Agency and decision-makers, having reviewed
and considered the information contained in the Draft and Final EIRs prepared
for the Ashe No. 4 Annexation Project and public records, finds that changes or
alterations to the Project will avoid or substantially lessen potentially significant
environmental impacts. These changes or alterations are related to the
implementation of the mitigation measures detailed in this document.
2.
The City of Bakersfield, as Lead Agency and decision-makers, having reviewed
and considered the information contained in the Draft and Final EIRs prepared
for the Ashe No.4 Annexation Project and the public record, finds that there are
specific economic, social, or other considerations which make the mitigation
measures for Agriculture and Aesthetics, Light, and Glare in the Draft and Final
EIR's infeasible.
JN 10-104412
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June 2006
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CITY OF BAKERSFIELD
Ashe No.4 Annexation
GPA/ZC No. 05-0519
BAKERSFIELD
-
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3. The City of Bakersfield, as Lead Agency and decision-makers, finds that
significanr-and -unmitigableim-pacts on Agriculture and Aesthetics, Light, and
Glare may occur with future development in conjunction with implementation of
the Ashe No. 4 Annexation Project. This finding requires that the Lead Agency
issue a "Statement of Overriding Considerations" under Section 15093 and
15126(b) of the State CEQA Guidelines if the Lead Agency wishes to proceed
with approval of the Project.
IV. FINDINGS WITH RESPECT TO THE ENVIRONMENTAL REVIEW PROCESS
The City of Bakersfield, acting as Lead Agency for the environmental review of the Project,
makes the following findings with regard to the environmental review process undertaken to
analyze the potential environmental impacts of the Project:
1.
In accordance with Section 10563(a) of the CEQA Guidelines, as amended, the
City of Bakersfield undertook the preparation of an Initial Study. The Initial Study
determined that a number of environmental issue areas may be impacted by the
construction and implementation of the Project. As a result, the Initial Study
determined that the Draft EIR should address the Project's significant impacts.
Pursuant to the provisions of Section 15082 of the State CEQA Guidelines, as
amended, the City of Bakersfield, as Lead Agency, circulated a Notice of
Preparation (NOP) to public agencies, special districts, and members of the
public requesting such notice for a 30-day period commencing on June 17, 2005,
and concluding on July 18, 2005.
During the circulation period for the Notice of Preparation, the City of Bakersfield,
as Lead Agency, advertised and conducted a public scoping meeting on June 27,
2005, at the City of Bakersfield Development Services Department Building,
Conference Room.
2.
3.
4.
A Draft EIR was prepared which analyzed project-related impacts related to the
following environmental issue areas: agriculture, public health and safety,
aesthetics/light and glare, traffic and circulation, noise, air quality, biological
resources, cultural resources, public services and utilities, geologic resources,
and hydrology and water quality. Growth-inducing impacts, project altematives
and cumulative effects were also analyzed.in the Draft EIR.
5.
During the Draft EIR's public review period, which began on February 10, 2006
and concluded on March 27, 2006, the City of Bakersfield held a noticed publiC
hearing on March 2, 2006 regarding the Draft EIR. The public was afforded the
opportunity to orally comment on the Draft EIR at the publiC hearing, and the
testimony was considered by the decision-makers. Upon the close of the public
review period, the Lead Agency proceeded to evaluate and prepare responses to
all written comments received from both citizens and the public agency during
the publiC review period.
6.
The aforementioned comments and responses and other information consistent
with the requirements of Section 15132 of the State CEQA Guidelines, as
amended, comprise the Final EIR. Following completion of the Responses to
Comments document, the Lead Agency's responses to the comments received J. ~"'K~?>~
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from the public agencies were transmitted to those public agencies for
consideration at least 10 days prior to the Final EIR's certification.
V. FINDINGS REGARDING IMPACTS DETERMINED TO BE INSIGNIFICANT'IN THE
INITIAL STUDYINOTICE OF PREPARATION
The City of Bakersfield conducted an Initial Study in June 2005, to determine significant effects
of the project. In the course of this evaluation, certain impacts of the project were found to be'
less than significant due to the inability of a project of this scope to create such impacts or the
absence of project characteristics producing effects of this type. The effects determined not to
be significant are not included in primary analysis sections of the Draft EIR.
AESTHETICS. Would the proposal:
Have a substantial adverse effect on a scenic vista?
As with all of Metropolitan Bakersfield, the proposed Project site is relatively level with no
significant topographic relief or features. The area to the north and northeast of the
Project site is developed with no visual access to scenic areas. Agricultural uses
surround the Project site. The site is not designated as a scenic vista or located along a
designated scenic highway, as defined by the Metropolitan Bakersfield General Plan.
Therefore, Project implementation would not have a substantial adverse effect on a
scenic vista.
Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
The proposed Project site is occupied by agricultural fields. No scenic resources,
including trees, rock outcroppings, and historic buildings are located on or near the
proposed Project. Additionally, a state scenic highway is not located within the Project
site. Impacts in this regard would be less than significant.
Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
Light and glare are currently generated from vehicular uses along Taft Highway and
Stine Road. The proposed Project would include typical street lighting, construction
lighting (if necessary), and light/glare from motor vehicles. Therefore, the amount of light
and glare on the Project site would be increased. Compliance with City of Bakersfield
standard design practices would minimize light and glare impacts. Less than significant
impacts are anticipated.
AIR QUALITY. Where available, the significance criteria established by the
applicable air quality management or air pollution control district may be relied
upon to make the following determinations. Would the project:
Create objectionable odors affecting a substantial number of people?
Construction activities associated with the Project may generate detectable odors from
heavy-duty equipment exhaust. Odors associated with diesel and gasoline fumes are
transitory in nature and would not create objectionable odors affecting a substantial
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number of people. The impacts from these odors would be short-term, would cease
upon Project completion and are not anticipated to be significant.
BIOLOGICAL RESOURCES. Would the project:
Have a substantial adverse effect on federally protected wetlands as defined by Section
404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling, hydrological interruption, or other means?
No federally protected wetlands occur on-site. Therefore, impacts are less than
significant. The EIR will discuss necessary resource agency consultation requirements, if
necessary.
Conflict with any local policies or ordinances protecting biological resources, such as a
tree preservation policy or ordinance?
No locally designated natural communities as referenced in the Metropolitan Bakersfield
General Plan's Conservation Element have been identified for the Project site. Impacts
are anticipated to be less than significant.
CULTURAL RESOURCES. Would the project:
Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature?
According to the General Plan the Project site is underlain by recent alluvial deposits to
all depths likely to be reached by excavations associated with developments. The
alluvial deposits are too young geologically to contain significant fossil remains based on
the age of Buena Vista Lake deposits, which represent the distal end of the Kern River
deposits. The Project site is considered to have a low potential for paleontological
resources.
GEOLOGY AND SOILS. Would the project:
Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on
other substantial evidence of a known fault? Refer to Division of Mines and Geology
Special Publication 42.
The City of Bakersfield is located within a seismically active area, According to the General
Plan, major active fault systems border the southern portion of the San Joaquin Valley with
the San Andreas Fault being the most prominent. Other fault systems occur in the
Bakersfield area and include the Garlock Fault, White Wolf Fault, Breckenridge-Kern
Canyon Fault System, Pond-Poso Creek Fault, Sierra Nevada Fault, Big Pine Fault, Pleito
Fault, Santa Ynez Fault and the San Gabriel Fault.
Future structures proposed on the Project site are required by State law and City
ordinance to be constructed in accordance with the Uniform Building Code (seismic zone
4, which has the most stringent seismic construction requirements in the United States),
and to adhere to all modern earthquake construction standards, including those relating ~ ~f\K~-9<p
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than significant. In addition, because of the relatively 'flat topography of the Project site,
landslides are not considered to be a potential significant geologic hazard. Less than
significant impacts are anticipated.
Strong seismic ground shaking?
Refer to response above.
Seismic-related ground failure, including liquefaction?
Liquefaction potential is a combination of unconsolidated soil type and high groundwater
combined with high potential seismic activity. According to the General Plan, the
proposed Project site is not located within an area of high groundwater. Therefore, it is,
anticipated that no liquefaction would be encountered on the Project site, Less than
significant impacts are anticipated to occur in this regard, Also, refer to response 4,6 (a)(l),
above.
Landslides?
Refer to responses above.
Result in substantial soil erosion or the loss of topsoil?
The majority of the soil on the Project site is classified as belonging to the Kimberlina fine
sandy loam soil on 0 to 2 percent slopes, The Kimberlina soil is deep, well drained and is
on alluvial fans and plains. The alluvium was derived from granite and sedimentary rock.
The vegetation in areas not cultivated mainly consists of annual grasses and forbs with few
scattered shrubs.
Clearing and grading for construction may expose soils to short-term wind and water
erosion. Implementation of erosion control measures as required by the City and
adherence to all requirements set forth in the National Pollutant Discharge Elimination
System (NPDES) permit for construction activities would reduce these impacts to less than
significant.
Be located on a geologic unit or soil that is unstable, or that would become unstable as a
result of the project, and potentially result in an on-site or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
Refer to responses above.
Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or property?
Refer to responses above.
Have soils incapable of adequately supporting the use of septic tanks or alternative waste
water disposal systems where sewers are not available for the disposal of waste water?
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Refer to response above.
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HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials?
The proposed Project involves actions necessary to annex approximately 466.83-acres
into the City of Bakersfield and accompanying GPA, ZC, cancellation of a Williamson Act
Contract, and an Agricultural Preserve Exclusion, which do not have the capacity to
create a significant hazard to the public or the environment through the routine transport,
use, or disposal of hazardous materials.
Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
No existing or proposed schools are located within one-quarter mile of the proposed
Project site. The closest school, Ridgeview High School, is located approximately one
mile north of the Project site. Less than significant impacts.
Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
Refer to response above.
For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project result
in a safety hazard for people residing or working in the project area?
The proposed Project site is not located within two miles of a public airport or public use
airport. Therefore, a safety hazard is not expected as a result of the proposed Project.
For a project within the vicinity of a private airstrip, would the project result in a safety
hazard for people residing or working in the project area?
A private airstrip is noted on a topographic map approximately % mile east of the Project
site. The airstrip is not part of a municipal airport and is anticipated to be used for
agricultural purposes. Due to the private nature and use, it is anticipated that the landing
strip will not have significant impacts on the Project site.
Impair implementation of or physically interfere with an adopted emergency response
plan or emergency evacuation plan?
The proposed Project development would ultimately result in single family residential
dwelling units. A Traffic Management Plan (TMP) would be implemented to ensure that
construction does not interfere with any emergency response or evacuation plans. The
TMP and, if necessary, other traffic control measures, will be described in the EIR.
Expose people or structures to a significant risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent to urbanized areas or where residences are
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The proposed Project site is located in an agricultural setting with less than significant
potential for wildland fires. Much of the existing vegetation would be removed with
implementation of the proposed Project; thus, reducing potential impacts in this regard.
HYDROLOGY AND WATER QUALITY. Would the project:
Violate any water quality standards or waste discharge requirements?
Implementation of the proposed Project would result in development and site runoff
contributing typical roadway pollutants to existing drainage facilities. Typical roadway-
related pollutants primarily include oil, grease and petroleum derivatives. The Central
Valley Regional Water Quality Control Board (RWQCB) administers the National
Pollution Discharge Elimination System (NPDES) Permit requirements within the Project,
area. All projects are obligated to implement structural and non-structural non-point
source pOllution control measures known as Best Management Practices (BMPs) to limit
urban pollutants to the maximum extent practical. Furthermore, the implementation of a
Storm Water Pollution Prevention Plan (SWPPP) would assist in reducing short-term
construction impacts to less than significant levels.
Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of stream or river, in a manner which would result in substantial
erosion or siltation on- or off-site?
The proposed development would add impervious surfaces to the Project site and
increase the amount of storm water exiting the site. The development would include the
construction of on-site sumps to reduce peak flows and the expansion of all storm drain
facilities that would be required to serve the site. Less than significant impacts on
drainage facilities are expected to occur.
Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, or substantially increase the rate or amount
of surface runoff in a manner which would result in flooding on- or off-site?
Refer to response above.
Create or contribute runoff water which would exceed the capacity of existing or planned
storm water drainage systems or provide substantial additional sources of polluted
runoff?
Construction of the proposed development may result in minor changes in the amount of
runoff due to the addition of impermeable surface area to the Project site. Surface
runoff velocities, volumes and peak flow rates would increase as well. The anticipated
development would not have the capacity to create or contribute runoff water which
would exceed the capacity of planned stormwater drainage systems. Less than
significant impacts are anticipated in this regard.
Otherwise substantially degrade water quality?
Discharge from the proposed Project through stormwater facilities would consist of non-
point sources. Stormwater quality is generally affected by the length of time since the
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sediment. Typical urban water quality pollutants usually result from motor vehicle
operations, oil and grease residues, and careless material storage, and handling. The
majority of pollutant loads are usually washed away during the first flush of the storm
occurring after the dry-season period. Less than significant impacts are anticipated in
this regard.
Place housing within a 1 DO-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
The proposed Project site is located outside of a 1 OO-year flood hazard. area as mapped
on a Federal Flood Hazard Boundary or Flood Insurance Rate Map. No impacts are
anticipated in this regard.
Place within a 1 DO-year flood hazard area structures which would impede or redirect
flood flows?
Refer to response above.
Expose people or structures to a significant risk of loss, injury or death involving flooding,
including flooding as a result of the failure of a levee or dam?
Isabella Dam, which is located approximately forty miles northeast of Bakersfield, has a
capacity to hold 570,000 acre-feet of water. If an earthquake were to occur in the
vicinity, it could result in a break in the dam. This could, under certain conditions, cause
the entire lake storage to be released, which would result in flooding 60 square miles of
the Metropolitan Bakersfield area.
As a result of the possible dangers associated with Isabella Dam, the City of Bakersfield
entered the Regular Phase of the National Flood Insurance Program (NFIP) as
administered by the Federal Emergency Management Agency (FEMA) on May 1, 1985.
Compliance with the NFIP and FEMA would result in less than significant impacts.
Inundation by seiche, tsunami, or mudflow?
There are no large bodies of open water located on or adjacent to the proposed Project
site which may result in seiche or tsunami hazards. Hazards involving tsunamis, seiche,
or mudflows are not expected to affect the development.
LAND USE AND PLANNING. Would the project:
Physically divide an established community?
The proposed Project would not divide the physical arrangement of a community. The
surrounding vicinity consists mostly of vacant land or agricultural land. The nearest
community is a residential development located to the northeast of the Project site.
Conflict with any applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project (including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
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The proposed Project would result in an amendment to the Land Use element, a possible amendment to
the Circulation element, and a change in zoning in order to insure consistency with the proposed GPA.
The purpose of the changes is to permit development of single-family residential dwelling units. The
residential development would include approximately 2,334 units. The amendment to the Circulation
Element is dependent upon a proposed expressway alignment located in the southern portion of the
Project site. The EIR will address the required discretionary actions, approvals and amendments to City
policy criteria to determine the level of significance of impacts and required mitigation, as determined
necessary.
MINERAL RESOURCES. Would the project:
Result in the loss of availability of a known mineral resource that would be of value to the
region and the residents of the state?
As indicated in the Metropolitan Bakersfield General Plan, there are no mineral resources
that would be of value located within the proposed Project site. No impacts are anticipated
in this regard.
Result in the loss of availability of a locally-important mineral resource recovery site
delineated on a local general plan, specific plan or other land use plan?
Refer to response above.
NOISE. Would the project result in:
For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project expose
people residing or working in the project area to excessive noise levels?
The proposed Project site is not located within an airport land use plan or within two miles of
a public airport or public use airport. Therefore, Project implementation would not expose
people residing or working in the Project area to excessive noise levels.
For a project within the vicinity of a private airstrip, would the project expose people residing
or working in the project area to excessive noise levels?
A private airstrip is noted on a topographic map approximately % mile east of the Project
site. The airstrip is not part of a municipal airport and is anticipated to be used for
agricultural purposes. Due to the private nature and use of the landing strip, Project
implementation would not expose people residing or working in the Project area to
excessive noise levels.
POPULATION AND HOUSING. Would the project:
Displace substantial numbers of existing housing, necessitating the construction of
replacement housing elsewhere?
The proposed Project would not involve the displacement of housing. Currently, the site is
used for agriculture. The proposed Project would result in future development of housing
and residential units. No impacts in this regard would occur.
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Displace substantial numbers of people, necessitating the construction of replacement
housing elsewhere?
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Refer to response above.
PUBLIC SERVICES.
Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response timfJs or
other performance objectives for any of the public services:
Parks?
Future development of the Project site will create a demand for new parks and recreational
facilities. Residential projects within the City of Bakersfield are required to provide 2.5-acres
of new parks per 1,000 projected population according to the Metropolitan Bakersfield
General Plan. At the discretion of the City, the applicant of the development would be
required to dedicate land, pay applicable fees in accordance with the parks standard, or
provide a combination of parkland dedication and payment of fees. The EIR will include a
review of impacts, potential fees, and parks and recreation dedication requirements for the
future development.
Other public facilities?
Due to the size and scope of the proposed Project, implementation would not significantly
affect other governmental agencies. Less than significant impacts are anticipated in this
regard.
RECREATION.
Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur or
be accelerated?
Refer to Public Services, Parks response, above.
Does the project include recreational facilities or require the construction or expansion of
recreational facilities which might have an adverse physical effect on the environment?
Refer to Public Services, Parks response, above.
TRANSPORT A TIONITRAFFIC. Would the project:
Result in a change in air traffic patterns, including either an increase in traffic levels or a
change in location that results in substantial safety risks?
The proposed Project would not affect air traffic patterns and would not result in safety risks
to air traffic.
Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm equipment)?
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The future development of the Project site would result in more vehicles, bicyclists and
pedestrians in the area. The potential for additional traffic hazards will increase. The
development would be subject to the design and safety standards of the City of Bakersfield.
Result in inadequate emergency access?
The Project would be subject to design review by the fire and police departments to assure
that adequate emergency access is provided. The City's standard review procedures priori
to issuance of grading permits would reduce impacts to a less than significant level.
Result in inadequate parking capacity?
Proposed development must meet City parking standards. No significant parking impacts,
specific to this Project have been identified.
Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g.,
bus turnouts, bicycle racks)?
The proposed Project would not conflict with adopted policies, plans, or programs
supporting ternative transportation.
UTILITIES AND SERVICE SYSTEMS. Would the project:
Be served by a landfill with sufficient permitted capacity to accommodate the project's solid
waste disposal needs?
Existing solid waste collection services for residential uses are provided within the City of
Bakersfield by the City Sanitation Division. All solid waste generated in the City is disposed
of in County operated landfills. Future development anticipated in the Project site is not
expected to significantly affect existing facilities.
Comply with federal, state, and local statutes and regulations related to solid waste?
Refer to response above.
VI. FINDINGS REGARDING EFFECTS DETERMINED TO BE INSIGNIFICANT OR LESS
THAN SIGNIFICANT
The City of Bakersfield finds that based on substantial evidence appearing in the Final EIR,
Technical Appendices and in the administrative record, that the proposed Project would have
insignificant or less than significant impacts in the following areas.
LAND USE AND RELEVANT PLANNING
Land Use Compatibility On-site
5.1-1 Implementation of the proposed Project would result in the phased elimination of
agricultural operations as planned land uses are developed, thus resulting in
potential land use conflicts between urban uses and ongoing agricultural
activities. As discussed in Section 5.2, AGRICULTURE, compliance with local, ~ ~"'KS'-'9<p
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significant levels.
Facts Supportina Findina
The phasing of the Project construction allows agricultural activities to continue on-site.
In order for agricultural operations to continue while phases of the Project site are
gradually developed, adequate buffers and setbacks need to be established. Pursuant to
Section 17.08.150 (A) of the Bakersfield Municipal Code, residential structures shall be
set back a minimum of 50 feet from all agricultural zones. As described in Section 5.2,
AGRICULTURE, adherence to the Bakersfield Municipal Code, would reduce
compatibility impacts on less than significant levels with the development of physical
buffer zones.
Relevant Planning Policies
Consistencv with General Plan Land Use Policies
5.1-3 The proposed Project would require an amendment to the General Plan and a
concurrent change to the City of Bakersfield Municipal Code zoning designation.
This would result in a conversion of approximately 466.84 acres of active
agricultural land to residential uses. The Project has been reviewed for
consistency with goals and policies as set forth in the General Plan. Analysis
has concluded that impacts are less than significant and no mitigation is required.
Facts Supportina Findina
Overall, Project implementation would not conflict with the land use plan, goals, and
strategies of the General Plan. Page 11-2 of the General Plan states that new
development on the periphery of urban Bakersfield is to be focused in five new mixed-
use activity centers located in the southwest, northwest, and northeast. It is expected
that the southwestern center would include a mix of professional office and retail uses
with moderate-density residential, and would filter outwards to lower suburban-type
densities. The General Plan identifies a new mixed-use center west of the Project area
and an intensified activity center to the east. The General Plan states that actual land
use designations for the southwestern center and the areas around it are to be
determined through a more detailed land use and environmental analysis. An in-depth
analysis of the southwestern center is warranted because of its growth potential and its
related impacts, including impacts on prime agricultural lands. This Program EIR meets
the intent of this General Plan recommendation for the southwestern area.
The analysis contained in Table 5.1-1, below, concludes that there would be no
significant consistency impacts of the proposed Project associated with the General Plan
goals and policies. The Project's consistency with the SJV APCD AQAP is addressed in
Section 5.7, AIR QUALITY, and farmland conversion impacts are addressed in Section
5.2, AGRICULTURE.
Consistencv with Reaional Plans
5.1-4
Implementation of the proposed Project will be consistent with area-wide
environmental plans. Analysis has concluded that less than significant impacts ~ ~AKS'1>
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Facts Supportina Findina
.
The proposed Project was reviewed and determined to be consistent with the following
regional plans: Air Quality Attainment Plan, Metropolitan Bakersfield General Plan
Bikeway Master Plan, Regional Transportation Plan, Solid Waste Management Plan,
Metropolitan Bakersfield Habitat Conservation Plan, and Hazardous Waste Management
Plan.
Cumulative Impacts
5.1-5 The proposed Project, combined with other future development, may increase
the intensity of land uses in the area. Analysis has concluded that impacts are ,
anticipated to be less than significant and no mitigation is required. Projects will
be evaluated in accordance with the Metropolitan Bakersfield General Plan and
on a project-by-project basis,
Facts Supportina Findinas
The anticipated Project impacts in conjunction with cumulative development in the site
vicinity would increase urbanization and result in the loss of open space and agricultural
lands in the local vicinity (refer to Section 5.2, AGRICULTURE, for a discussion of
cumulative agricultural loss). Potential land use impacts are site-specific and require
evaluation on a case-by-case basis. This is true with regard to land use compatibility
impacts, which are generally a function of the relationship between the interactive effects
of a specific development site and those of its immediate environment. In that
development within the southwestern planning area is anticipated to occur in accordance
with the General Plan and attendant zoning classifications, potential cumulative effects
upon land use and planning are not anticipated to be significant.
AGRICULTURE
5.2-3 As phases of the proposed Project are developed, future residents may be
impacted by adjacent farming activities, which may include noise associated with
harvesting, blowing dust and pesticide applications. Compliance with local, State,
and Federal policies and standards, as discussed below, would reduce impacts
to less than significant levels.
Facts Supportina Findina
Development phasing, which accommodates the market demands as well as the existing
crop cultivation and harvest scheduling, would allow the continued use of prime
agricultural land on the Project site until buildout of the Project site occurs. However,
conflicts may arise from the infringement of the new residential uses adjacent to ongoing
agricultural activities. Such impacts can extend up to one-half mile, thereby affecting off-
site farming operations. Existing restrictions and limitations placed on the grower, such
as noise attenuation standards, air pollution control measures, and pesticide/fertilizer
application practices, would minimize the level of significance of impacts. Similarly, the
construction of residential subdivision is also regulated by local and State development
standards, which include buffer and setbacks from adjacent agricultural operations
pursuant to adopted policies set forth by the City of Bakersfield. (Section 17.08.150 (a)
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of the Bakersfield Municipal Code requires that residential structures be set back a
minimum of 50 feet from agricultural zones.) Other standards include traffic, noise, and
air quality mitigation to lessen the impact on the existing land uses (for further discussion
refer to Sections 5.5, TRAFFIC AND CIRCULATION, 5.6, NOISE, and 5.7 AIR
QUALITY).
PUBLIC HEALTH AND SAFETY
Accidental Releases
,
5.3-2 Project construction activities do not have the potential to create a significant
hazard to the public through foreseeable upset accidental conditions. Less than
significant impact.
Facts Supportina Findina
Project construction activities are not anticipated to result in a significant release of
hazardous materials into the environment. However, during Project construction, there is
a possibility of accidental release of hazardous substances, such as spilling petroleum-
based fuels used for construction equipment. The level of risk associated with the
accidental release of hazardous substances is not considered significant because of the
small volume and low concentration of hazardous materials utilized during the
construction phases. The Project contractor would be required to use standard
construction controls and safety procedures that would avoid and minimize the potential
for accidental release of such substances into the environment. Standard construction
practices would be observed such that any materials released would be appropriately
contained and remediated as required by local, State, and Federal law.
Agricultural Use of Property/Adjacent Properties
5.3-4 Agricultural uses within the development area could create human health effects,
particularly during pesticide application operations. Compliance with local and
State requirements would reduce impacts to a less than significant level.
Facts Supportina Findina
The potential impact of the continued use of agricultural chemicals within the Project
vicinity would be reduced to less than significant levels with implementation of the
following standards: (1) agricultural chemicals would be used and stored in accordance
with all applicable Federal, State, and local regulations and guidelines: and (2) buffers
and barriers between agricultural and urban uses would be used to provide a separation
during pesticide application operations. These buffers and barriers can be open space,
roadways, utility corridors, canals, easements, six-foot-high masonry walls, fences, or
landscape setbacks. Pursuant to Section 17.08.150(a) of the Bakersfield Municipal
Code, residential structures are required to be set back a minimum of 50 feet from all
agricultural zones. For additional discussion regarding the conflicts associated with
proposed uses and ongoing agricultural operations: refer to Section 5.2,
AGRICUL TURE.
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Long-Term Maintenance and Operation
5.3-8 Project implementation would not create a significant hazard to the public or the
environment through the routine transport, use, or disposal of hazardous
materials. Less than significant impact.
Facts Supportina Findina
The Kern County and Incorporated Cities HWMP lists goals and policies regarding the
transport of hazardous wastes. The HWMP recognizes that the transportation of
hazardous waste on roads poses a short-term threat to public health; of prime concern .is
the safety of the transportation system for hazardous waste, especially extremely
hazardous waste, in and throughout Kern County. The HWMP seeks to establish State,
and Federally maintained roads as candidate Commercial Hazardous Waste Shipping
Routes in and through the County (except those to collect locally generated hazardous
wastes). Given the location of the proposed Project within a newly developing residential
area surrounded by agricultural, institutional, and open space uses, Project
implementation would not promote the transport of hazardous materials within the
Project area.
Delivery trucks often haul "household" chemicals (those commonly found in grocery
stores andlor commercial uses). Although Taft Highway, Stine Road, and Ashe Road are
not specifically identified as truck routes within the Circulation Element of the General
Plan, the potential exists for the incidental transport of materials and chemicals along
those roadways that meet the definition of "hazardous." While the risk of exposure to
hazardous materials cannot be fully eliminated, measures can be implemented to
maintain risks at acceptable levels. As described above, several Federal, State, and
local regulatory agencies oversee hazardous materials transportation. Oversight by the
appropriate agencies and compliance with applicable regulations are considered
adequate to offset the negative effects related to the incidental transport of hazardous
materials within the Project area.
5.3-9 Project implementation would not create a significant hazard to the public or the
environment through the long-term use of hazardous substances for the purpose
of long-term maintenance. Compliance with State and applicable local
regulations would reduce potential impacts to less than significant levels.
Facts Supportina Findina
Because of the scope and nature of the proposed Project, the level of risk associated
with long-term use of hazardous materials on the Project site is considered a less than
significant impact. On-site use of hazardous materials may include cleaning solvents,
fertilizers, pesticides, and other materials used in the regular maintenance of residential
and commercial structures. With proper use and disposal, these chemicals are not
expected to result in hazardous or unhealthful conditions for nearby residents or
maintenance workers. A less than significant impact would occur in this regard after
compliance with State and applicable local regulations.
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Private Air Strip
5.3-12 Development of residential uses within the vicinity of a private airstrip results in a
safety hazard for people residing or working in the Project area. No impact.
Facts Supportina Findina
The Old River Crop Dusters facility is present to the south of the Project site. This
property historically consisted of an office and a private unpaved crop dusting airstrip.
However, staff with the Old River Crop Dusters indicated that the airstrip has been
removed from the facility and only the office remains. Therefore, no impact would occur.
Cumulative Impacts
5.3-13 The proposed Project, in combination with other cumulative projects, could
increase exposure to the public of hazardous substances. Compliance with
Federal, State, and local requirements on a project-by-project basis would
reduce cumulative impacts to a less than significant level.
Facts Supportina Findina
Compliance with Federal, State, and local regulations would ensure that contamination
or exposure to hazardous substances is avoided or controlled to minimize the risk to the
public on a case-by-case basis, as the cumulative projects are constructed.
AESTHETICS/LlGHT AND GLARE
Long-Term Aesthetic Impacts
5.4-2 Project implementation would permanently alter views of and across the Project
site. Analysis has concluded that impacts are less than significant.
Facts Supportina Findina
Project implementation would permanently alter the nature and appearance of the
Project site from active farmland to residential development. On-site structures would be
visible from surrounding areas. This alteration of appearance is permanent and would
continue through the life of the Project. Views of the agricultural fields that currently
comprise the Project site are available to motorists and pedestrians along Taft Highway
and Stine Road and to residents to the north and northeast of the Project site. Views of
these areas are currently unobstructed, so the change in visual character from open
space to developed conditions with amenities would be a distinct visual alteration of the
Project site.
The Project proposes development adjacent to an existing residential community
(northeast of the Project site). Because the proposed Project's use is primarily
residential and the proposed densities are similar to those of the existing developments
located northeast of the Project site, significant impacts regarding the overall visual
quality and sensitivity of the Project area would be minimized. The proposed uses would
be similar in character and density to surrounding off-site uses and visually compatible
with existing surrounding land uses.
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NOISE
Cumulative Impacts
5.6-5 With cumulative projects, the proposed Project would increase the ambient noise
levels in the Project vicinity. Analysis has concluded that cumulative noise
impacts would be less than significant.
Facts Supportina Findina
Long-term (stationary) noise would be subject to requirements of the Bakersfield
Municipal Code. Therefore, individual projects would be required to comply with the,
City's noise level standard of 65 dBA for residential uses and include mitigation
measures if this standard is exceeded. Thus, cumulative long-term (stationary) noise
impacts would be less than significant.
AIR QUALITY
Odors
5.7-2 Long-term odor impacts would not occur as a result of Project implementation.
Analysis has concluded that impacts would be less than significant.
Facts Supporting Finding
Based on the modeling, odor concentrations would not exceed the SJVAPCD thresholds
at the proposed development site due to the operation of Bakersfield City Wastewater
#3, thus resulting in a less than significant impact. Refer to Appendix 15.6, Air Quality
Assessment for the details of the modeling.
Visibility Impacts
5.7-4 Long-term visibility impacts would not occur as a result of Project
implementation. Analysis has concluded that impacts would be less than
significant.
Facts Supportina Findina
A Level 1 screening analysis of the visibility impacts was conducted using the default
VISCREEN settings. In accordance with EPA VISCREEN guidance, primary N02 was
assumed to be zero, while PM10 emissions from diesel combustion sources were
assumed to be particulate. The emission rates used in the VISCREEN model are based
on the total operational emissions from the Project (i.e., area source emissions). The
mobile source operational emissions would not occur on-site and therefore could not
contribute to a visible plume originating from the site. Since the on-site sources would
be spread out and would not contribute to a single plume, like the one being considered
in the model, the analysis is considered conservative.
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Air Quality Conformity Analysis
5.7-5 The Project would be consistent with the Air Quality Attainment Plan (AQAP)
criteria. Less than significant impact.
Facts Supportina Findina
The AQAP recognized growth of the population and economy within the Basin. The plan
predicted the workforce in Kern County to increase along with a 2.2 percent population
increase annually from 2002 to 2030 (i.e. 62 percent total increase uncompounded for
28 years). The conformity analysis shows that the Project and its development and
employment can be viewed as growth within the plan. Thus, the Project can be viewed
as a continued growth element that was anticipated by the plan. Therefore, when
considered with all projects currently in the Kern County General Plan of and the
Metropolitan Bakersfield General Plan, the impact of the proposed Project is considered
less than significant.
Cumulative Impacts
5.7-6 Impacts on regional air quality resulting from the proposed Project and
cumulative projects may impact existing regional air quality levels on a
cumulative basis. Analysis has concluded that less than significant cumulative
impacts would occur.
Facts Supportina Findina
From a regional standpoint, the San Joaquin Air Basin has annual emissions of ROG
and NOx of 144,796 tons and 184,289 tons, respectively, from all sources. The project
therefore represents 0.00% of ROG emissions and less than 0.00% of NOx emissions in
the Air Basin. The Kem County portion of the San Joaquin Air Basin has annual
emissions of ROG and NOx of 36,026 tons and 62,233 tons, respectively, from all
sources. The Project represents 0.00% of ROG emissions and 0.00% of NOx emissions
in the Kern County portion, and is considered less than significant.
BIOLOGICAL RESOURCES
Special Status Plants
5.8-2 Project construction would permanently impact a total of approximately 466.84-
acres; however, due to the existing agricultural use of the site, no special status
plants were identified or would be expected to occur on the site. Less than
significant impacts are anticipated in this regard.
Facts Supportinc Findina
The Biota Report concludes no suitable habitat exists on the site for special listed plant
species. The intense and frequent sequential cultivation and maintenance of the
agricultural land are not typical habitat for regionally protected plant species and plant
species of concern. No plant species of concern were identified on site, nor are any
expected to occur on the Project site due to the existing uses.
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Long-Term Impacts
5.8-4 The proposed Project would result in permanent long-term impacts on piological
resources compared to existing conditions. Analysis has concluded that no
changes in composition or distribution of vegetation or wildlife would occur,
resulting in less than significant impacts.
Facts Supportina Findina
Wildlife Movement
Because of the existing use of the site as an agricultural field, the proposed Project does
not serve as a regional wildlife movement corridor. The consistent and frequent,
cultivation and maintenance activities associated with an active farmland are not ideal
conditions for a wildlife movement corridor. Furthermore, the residential neighborhoods
to the north detract from the overall likeliness of wildlife movement in the area.
The proposed residential uses may increase the amount of traffic locally and the
potential for vehicular mortality of threatened, endangered and other protected species,
including migratory birds. Implementation of required mitigation measures would reduce
the significance of vehicular mortality rates.
Noise
The completed Project would result in increased traffic volumes and noise levels that
would presumably increase over present levels as the traffic and occupancy increases.
However, noise levels are already relatively high on the Project site, with traffic on
adjacent roads and residential uses to the north of the Project site. Therefore, the
permanent noise increase resulting from the proposed Project would be considered less
than significant in regards to wildlife.
Night Lighting
Night lighting would increase due to car headlights and Project related parking and night
lighting during and after completion of the proposed Project. Lighting associated with car
headlights would not be present throughout the night and most of the light would not
stray onto adjacent properties. Additionally, the night lighting proposed for the Project is
designed to reduce stray light into adjacent areas. Resident animals are already
acclimated to existing lighting associated with the adjacent development and roadways
in the region. Refer to Section 5.4, AESTHETICS/LIGHT AND GLARE, for measures to
reduce light spillover. Therefore, Project-related night lighting would be considered less
than significant.
Food Waste and Garbage
Extensive litter frequently accumulates around residential and/or commercial
developments. The San Joaquin kit fox and other animals also may eat plastic sandwich
bags or other non-food garbage items that may cause their death. Solid waste debris
and litter may also accumulate and become a fire hazard. Both waste and fire can have x ~AK~1>
adverse effects on wildlife habitats. In additional solid wastes may attract coyotes from 0 ~
the adjacent agricultural areas that could impact the urban San Joaquin kit fox. The;:: ;;;
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provision to include covered litter barrels at appropriate locations would reduce this
impact to less than significant levels.
Cumulative Impacts
5.8-5 The proposed Project would result in the cumulative loss of open space and
agricultural resources within the City. Cumulative projects are mitigated on a
project-by-project basis and in accordance with applicable local, State, and
Federal requirements including the MBHCP.
Facts Supportino Findino
The City of Bakersfield is expanding rapidly in the northwest and northeast with new
residential and associated commercial development being constructed. Cumulative
development within the southwestern portion of Bakersfield would have the potential to
adversely affect area biological resources. Regional loss of native areas is a significant
issue. The Bakersfield area is subject to the provisions of the MBHCP, thus cumulative
impacts have been addressed and considered mitigable to less than significant levels.
CULTURAL RESOURCES
Cumulative Impacts
5.9-2 Cumulative development may adversely affect cultural resources. Resources are
evaluated and mitigated on a project-by-project basis. Less than significant.
Facts Supportino Findino
Potential impacts would be site-specific and potential impacts would be evaluated on a
project-by-project basis. Each incremental development would be required to comply
with all applicable State, Federal, and City regulations concerning preservation, salvage,
or handling of cultural resources. In consideration of these regulations, potential
cumulative impacts upon cultural resources would not be considered significant.
PUBLIC SERVICES AND UTILITIES
Parks and Recreation
5.10-4 Development of the Project site would create additional demand on Parks and
Recreation facilities. Analysis has concluded that although impacts are less than
significant, the Project shall be subject to Bakersfield Municipal Code
requirements for Parks and Recreation facilities.
Facts Supportino Findino
The applicant shall be required to either dedicate land or pay in-lieu fees pursuant to
Bakersfield Municipal Code 15.80, which requires developers of new residential uses to
provide 2.5 acres of land per projected population of 1,000 persons, based on fair
market value.1 The proposed Project is anticipated to increase the population within
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Metropolitan Bakersfield by 7,039.34 people. Therefore, based upon the dedicated land
ratio, approximately 17 acres of land shall be dedicated for a park. The minimum park
size requirement for a neighborhood park is six acres, and the maximum park, acreage
for a community park (pursuant to Bakersfield Municipal Code 15.80) is upwards of 20
acres. If parkland is not dedicated, the applicant would be required to pay a park
development fee of $1,275 per each new residential unit. The fee shall be paid before
any gradin~ or other land disturbance occurs on the site, or before any building permits
are issued. The proposed Project shall be required to be annexed into a maintenance I
assessment district for the maintenance of all street, median, and sump frontage
landscaping as well as for the maintenance of parks.
Water Resources
5.10-5 Implementation of the proposed Project would not require the expansion of
existing water distribution or supply facilities within the project area. Less than
significant impact.
Although water supply for the proposed Project site is expected to be sufficient,
additional infrastructure would be required to reach and distribute water to the Project
site. All water distribution infrastructures would be installed as part of the proposed
project as development progresses within the Project site. The Project applicant would
be required to pay all required fees for the connection and extension of water services
infrastructure to the Project site. The specifics of the funding and construction would be
detailed in a development agreement between the Project Applicant and the City.
Implementation of mitigation would reduce impacts to less than significant.
Sewer Services
5.10-6 Implementation of the proposed Project would not result in the increase in
demand or expansion of sewer services. Less than significant impact.
Facts Supportino Findino
According to the City of Bakersfield Wastewater Department, no sewer lines are
currently located within the Project site. Therefore, the Wastewater Department indicated
that new sewer lines would be required for the Project site. Plans are currently being
designed to expand the Wastewater Treatment Plant No. 3 to serve the rapid growth
within the Bakersfield area. The applicant would be required to pay fees for sewer
service to new residential structures. The current fee for single-family residential is
$2,500 per dwelling unit. Additionally, there is a one-time sewer connection fee for all
new system users. Sewer connection fees are based upon the total biochemical oxygen
demand and total suspended solids concentration and flow. Once the residences are
constructed, there is a flat charge for all sewer uses; the annual flat rate for a single
family dwelling unit is $117. The sewer rates are calculated and adopted by the City
Council annually and are therefore subject to change based on the date of development.
Less than significant impacts are anticipated in this regard.
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Electrical Services
5.10-8 Implementation of the proposed Project would require temporary use of electricity
during construction and long-term electric consumption. Electricity use would not
result in excessive power consumption that would result in significant impacts on
existing facilities. Less than significant impacts are anticipated in this regard.
Facts Supportino Findino
According to. PG&E, the Project site is anticipated to have an approximate load of
10mW. Additionally, PG&E indicated that the existing facilities do not have the capacity
to supply the proposed Project at build-out. Therefore, without upgrades to existing
facilities, implementation of the proposed Project may result in excessive demands in
electrical services. PG&E indicated that there currently is a 12-Kv distribution line along
Panama Lane, which would likely be extended to the Project site. Therefore, the
construction of additional facilities and/or upgrades would be necessary.
PG&E indicated that potential impacts could be minimized if main lines adjacent to
roadways are brought to the ultimate width at the initiation of the Project. Impacts can
also be minimized if utility easements are made readily available as needed. The
Project contractor shall coordinate with PG&E staff early in the planning stages to
ensure that low-impact strategies are incorporated into the Project as soon as possible.
During construction, the Project would require temporary electrical power supply for
certain equipment and lighting. The proposed Project would also require electricity for
street lighting along the roadway. The connections would be constructed in accordance
with the requirements of the City of Bakersfield. The Project contractor shall coordinate
with PG&E staff prior to construction regarding any potential service or facility issues.
Less than significant impacts are anticipated in this regard.
Natural Gas
5.10-9 Implementation of the proposed Project would not result in increased demand for
natural gas services. Less than significant impacts are anticipated in this regard.
Facts Supportino Findino
PG&E indicated that the regulating station on Stine Road has the capacity to handle the
initial natural gas needs of the Project site. Future natural gas needs of the Project site
would be supplied by one additional regulating station, fed from transmission line 300B.
This additional station would be required in order to fully service the Project site.
The PG&E pipelines are under high pressure and, like others, have the potential to
rupture, resulting in uncontrolled releases of natural gas. A pipeline rupture could result
in environment contamination and human health effects in the residential areas, once
they are developed. For safety reasons, State regulations prohibit the construction of
any structures directly over the pipeline and a utility right-of-way (ROW) is usually
established. The width of the ROW is negotiated between the property owner and the
pipeline operator, and usually ranges between 20 and 50 feet. Shared ROWs may span
60 to 70 feet. Types of shrubs may be restricted; specifically, structures and large trees ~p.,K~
cannot be over pipelines. Compliance with State and applicable local regulations would J '90'
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reduce potential impacts health and safety related on this pipeline to less than significant
levels.
GEOLOGIC RESOURCES
Fault Rupture
5.11-2 Implementation of the proposed Project does not have the potential to expose I
people to adverse effects associated with rupture of a known earthquake fault.
Analysis has concluded that impacts associated with fault ruptures would be less
than significant.
Facts Supportina Findino
Active or potentially active faults are located within the southern San Joaquin Valley
region. The southern end of the San Joaquin Valley is bordered by five major fault
systems, all of which are considered to be active: San Andreas, Garlock, Breckenridge-
Kern Canyon, Sierra Nevada, and White Wolf faults. It is probable that faults within the
Project area will move in the future, however, it is unlikely that ground rupture would
occur at the Project site because it is not located within an Alquist-Priolo Earthquake
Fault Zone or within 500 feet of a known active fault trace. Therefore, impacts are
considered to be less than significant in this regard.
Seismic Ground Shaking
5.11-3
Implementation of the proposed Project may expose the proposed bridge
structure to strong ground shaking during a seismic event. Implementation of
the required mitigation measures, and compliance with the UBC and the
goals and policies of the Safety Element of the General Plan would reduce
potential impacts to less than significant levels.
Facts Supportino Findino
Given the highly seismic character of the area, moderate to severe ground shaking
associated with earthquakes on the nearby faults can be expected within all parts of the
City. As mentioned above, a number of active faults are located within a 50 mile radius
of the proposed bridge crossing. Ground shaking is likely at this site in the event of a
major earthquake from one of the nearby faults. Local commuters may be exposed to
seismic ground shaking if it occurs during the short period of time that they drive on the
proposed roadway. The proposed Project would be designed and constructed to
withstand this magnitude of an earthquake. Based on predicted maximum horizontal
accelerations at the site and given the soil types identified, ground failure is not likely to
occur at the Project site. Implementation of applicable UBC criteria would reduce
impacts to less than significant levels.
Landslides
5.11-5 Implementation of the proposed Project has a low potential of exposing people
to seismically induced landslides. Less than significant impacts are anticipated.
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Facts Supportino Findino
The proposed Project site is located in a moderately stable area with most of the slopes
less than 5 percent. No bedrock outcrops are present within %-mile of the site. No
evidence of historic landslides or creep was observed in this area. Due to the relatively
flat nature of the Project site, a low potential exists for rock falls or landslides to impact
the site in the event of a major earthquake. Therefore, less than significant impacts are
anticipated in this regard.
Dam Inundation
5.11-6 Implementation of the proposed Project may expose the proposed Project to a
significant risk resulting from a seismically-induced failure of Isabella Dam. Less
than significant impacts are anticipated.
Facts Supportino Findino
A break in Isabella Dam caused by an earthquake would flood 60 square miles of the
Bakersfield area. Flood levels could reach up to 30 feet in some portions of the City.
However, according to the General Plan, the Project site is not likely to endure serious
flooding until eight hours after dam failure. This lag time would make injury or death from
dam failure unlikely in the area of the proposed Project. The chance of the Isabella Dam
failing is approximately one day out of 10,000 years when the lake is at capacity. The
Project area is within Flood Zone C of a Flood Insurance Rate Map (FIRM) map with
minimal flooding expected. The Safety Element of the General Plan has identified
policies including a response plan for dam failure as well as the maintenance of disaster
response plans, development of discretionary approval procedures for critical facilities,
and the review of zoning designations, street widths, and circulation patterns for
compatibility with evacuation plans. The Project would be designed and constructed in
strict adherence to City policies and review procedures, therefore, less than significant
impacts would occur.
HYDROLOGY AND WATER QUALITY
Groundwater
5.12-2 The proposed Project would not result in adverse impacts to the amount of
available groundwater available or degrade groundwater quality. Less than
significant impacts are anticipated.
Facts Supportino Findinc
Based on the Water Supply Assessment prepared by RBF Consulting, the proposed
Project is included within the plans to accommodate future growth in the City of
Bakersfield. The City of Bakersfield supplies its distribution system with groundwater
drawn from the Kern County basin, a subbasin of the San Joaquin Valley Groundwater
basin and Tulare Lake Hydrologic Region. The service area currently consists of 49
operating wells. The City plans to expand its service area with future development, and
meet future demands with its balanced water supply by using the existing groundwater
basin as a re-regulation source. In the 2000 UWMP, the City of Bakersfield projected
that increased demands through 2010 will be met by groundwater pumping and
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recharge. The Project site would be provided water by the City of Bakersfield upon
development, therefore, the Project would not alter the direction of groundwater flow, nor
result in the need to withdraw, change the rate of groundwater flow, or affect its supply.
Refer to Section 5.11, PUBLIC SERVICES AND UTILITIES, for additional details.
VII. FINDINGS REGARDING EFFECTS DETERMINED TO BE MITIGATED TO LESS
THAN SIGNFICANT LEVELS
The City of Bakersfield, having reviewed and considered the information contained in the Final
EIR, Technical Appendices and the administrative record, finds, pursuant to California Public
Resources Code 21081 (a)(1) and CEQA Guidelines 15091 (a)(1), that changes or alterations
have been required in, or incorporated into, the proposed project which would mitigate, avoid, or
substantially lessen to below a level of significance the following potentially significant,
environmental effects identified in the Final EIR in the following categories: Land Use, Public
Health and Safety, Aesthetics/Light and Glare, Traffic and Circulation, Noise, Air Quality,
Biological Resources, Cultural Resources, and Public Services and Utilities.
The potentially significant adverse environmental impacts that can be mitigated are listed below.
The City of Bakersfield finds that these potentially significant adverse impacts can be mitigated
to a level that is considered less than significant after implementation of mitigation measures
identified of the Final EIR.
LAND USE AND RELEVANT PLANNING
Land Use Compatibility Off-Site
5.1-2 Implementation of the proposed Project may result in land use compatibility
impacts on su"ounding uses. Impacts would be reduced to less than significant
levels with implementation of required mitigation for noise, traffic, and air quality;
refer to appropriate sections of this EIR.
Facts Supportino Findino
Although the proposed Project would ultimately replace approximately 466.84 acres of
active agricultural land with developed uses, the development would be compatible in
density and character with the approved residential developments to the north and
northeast of the Project site. Therefore, off-site land use impacts on neighboring
residential areas would be less than significant because of their consistency of uses with
the surrounding area, and with implementation of the required mitigation measures
identified throughout this EIR document.
Mitigation Measures 5.1-2a and 5.1-2b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.1-2a Refer to mitigation measures in Sections 5.4, AESTHETICS, LIGHT AND
GLARE; Section 5.5, TRAFFIC AND CIRCULATION; Section 5.6, NOISE; and
Section 5.7, AIR QUALITY.
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PUBLIC HEALTH AND SAFETY
Short-Term Construction
5.3-1 Project construction activities have the potential to encounter known hazardous
materials or wastes. Analysis has concluded that no evidence exists of an
existing or previously remediated recognized environmental condition in
connection with the proposed Project. Mitigation that reduces the presence of
hazardous materials or wastes would reduce this impact to a less than significant
level.
Facts Supportino Findino
Based on the site inspection, areas of environmental concern with respect to hazardous
materials and wastes and stained soils were identified that would compromise Project
construction or acquisition of construction easements. Implementation of mitigation
measures would reduce these impacts to less than significant.
Mitigation Measures 5.3-1a through 5.3-1c of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
Stained Soils
5.3-1a Prior to development the developer shall conduct soil characterization and
sampling of the stained soil within the Project site underneath the smoke pots
and burners as needed to determine the presence or absence of hazardous
materials. If concentrations of materials are detected above regulatory cleanup
levels during demolition or construction activities, the following mitigation
measure shall include:
. Excavation and disposal at a permitted, off-site facility;
. On-site treatment; or
. Other measures as appropriate.
Prior to development, the Applicant shall remediate all oil-contaminated soils to
the satisfaction of the Local Unified Program Agency (the Office of Environmental
Services Bakersfield City Fire Department) in conjunction with the State Regional
Water Quality Control Board andlor the California Department of Toxic
Substances Control.
5.3-1 b In areas of the Project site where elevated levels of volatile fuel hydrocarbons are
present, the following mitigation measure shall include:
. Excavation and disposal at a permitted, off-site facility;
. On-site treatment; or
. Other measures as appropriate.
Prior to development, the applicant shall remediate all oil-contaminated soils to
the satisfaction of the Local Unified Program Agency (the Office of Environmental
Services of the Bakersfield City Fire Department) in conjunction with the State ~AKS'1>
Regional Water Quality Control Board and/or the California Department of Toxic6< ~
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Substances Control.
On-Site Debris
5.3-1c Prior to development the Applicant shall remove and properly dispose of the on-
site debris, consisting of drums, containers, stained vehicle parts and equipment,
and miscellaneous debris, at an approved landfill facility. The areas beneath and
around the removed debris shall be visually inspected. Any stained soils I
observed underneath the debris shall be sampled. If concentrations of materials
are detected above regulatory cleanup levels during sampling activities, the
mitigation measure shall include:
. Excavation and disposal at a permitted, off-site facility;
. On-site treatment; or
. Other measures as appropriate.
Agricultural Use of Property/Adjacent Properties
5.3-3 Because of the historic use of the site for agricultural purposes, there is a
potential for pesticide residues (including DOT) to be present in the shallow soil
within the Project site. A potentially significant health hazard may occur that can
be reduced to a less than significant level with implementation of mitigation
measures.
Facts Supportino Findino
A Phase" Environmental Soil Sampling Assessment was conducted for the Project site.
The sampling indicated that concentrations of the organochlorine pesticide dieldrin on-
site at the Banducci aerial fertilizer storage area exceeds the allowable levels for
residential development and should be considered hazardous for the purposes of
handling and disposal. Because of the presence of elevated concentrations of dieldrin,
potential health impacts associated with individuals being exposed to pesticide residues
are likely to occur during grading and construction of the proposed Project site. The
potential threat to public health can be reduced to less than significant levels by
conducting soil-remediation activities prior to the site development in areas that have
high levels of pesticide residues. The presence of pesticide residues on-site shall be
successfully remediated prior to Project site development using available technologies.
Implementation of the required mitigation measure would reduce potential impacts in this
regard to a less than significant level.
Mitigation Measure 5.3-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-3 Due to the elevated concentrations of pesticide and fungicide residues in excess
of acceptable Federal, State, and/or County levels, prior to development the
Project Applicant shall identify and implement remedial action (subject to
approval by the City of Bakersfield and responsible regulatory agencies), to
reduce contaminants to acceptable levels.
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Hazardous Materials Users/Facilities
5.3-5 A potential rupture of the underground gas and petroleum transmission pipelines
(traversing the Project site) could adversely affect the public health in the
residential areas, once they are developed. Compliance with State and
applicable local regulations pertaining to setbacks, and mitigation measures,
would reduce potential impacts to less than significant levels.
Facts SUDPortina Findino
,
The PG&E gas pipelines are under high pressure and have the potential to rupture
resulting in uncontrolled releases of natural gas. Additionally, the rupture of the
petroleum pipelines would result in the release of petroleum products to the Project site.
A pipeline rupture could result in environment contamination and human health effects in
the residential areas, once they are developed. For safety reasons, State regulations
prohibit the construction of any structures directly over the pipeline and a right-of-way
(ROW) is usually established. The width of the ROW is negotiated between the property
owner and the pipeline operator and usually ranges between 20 and 50 feet. Shared
ROWs may span 60 to 70 feet. For the Project site, the natural gas pipelines have 50-
foot easements, equal on either side of the pipeline. Types of shrubs may be restricted;
specifically, structures and large trees cannot be located over pipelines. Prior to
development the exact location of the underground pipelines should be determined.
Compliance with State and applicable local regulations would reduce potential impacts
on health and safety related to this pipeline to less than significant levels.
Mitigation Measures 5.3-5a through 5.3-5d of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.3-5a Concurrently with recordation of any phase that includes the pipeline easements
or portions thereof, the subdivider shall show the easements on the final map
with a notation that structures, including accessory buildings and swimming
pools, are prohibited within the easements and record a corresponding covenant.
5.3-5b Prior to or concurrently with recordation of any phase that includes the pipeline
easements or portions thereof, the subdivider shall show on the final map that no
habitable portion of a structure may be built within 50 feet of a gas main, or
transmission line, or refined liquid product line with 36 inches of cover, and
record a corresponding covenant.
5.3-5c No structure may be within 40 feet of a hazardous liquids pipeline bearing refined
product with 48 inches or more of cover. If a pipeline meets this criteria, the
Project applicant shall incorporate the 40-foot setback line in the final map and a
corresponding covenant shall be recorded prior to or concurrently with
recordation of any phase that is affected.
5.3-5d Prior to or concurrently with recordation of any phase within 250 feet of the
pipeline easements, subdivider shall record a covenant disclosing the location of
the pipelines on all lots of this subdivision within 250 feet of the pipelines.
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Asbestos Containing Materials
5.3-6 Some of the building located on-site could contain asbestos. Implementation of
mitigation measures would reduce impacts to a less than significant level.
Facts Supportino Findino
Given the age of some of the buildings on the Project site, it is likely that some of theml
contain asbestos. Prior to demolition activities, an asbestos survey would be required.
If asbestos-containing materials are found, abatement of asbestos is required before any
demolition activities that would disturb asbestos-containing material or create airborne
asbestos hazard. Asbestos removal would be performed in accordance with San
Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8021 in order to restrict,
potential impacts to a less than significant level.
Mitigation Measure 5.3-6 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-6 Prior to development the developer shall conduct an asbestos survey to
determine the presence or absence of asbestos-containing materials and submit
the results to the City of Bakersfield. If asbestos-containing materials are found,
abatement of asbestos shall be required before any demolition activity that would
disturb asbestos-containing materials or create an airborne asbestos hazard is
permitted. Asbestos removal shall be performed by a State-certified asbestos
containment contractor in accordance with San Joaquin Valley Air Pollution
Control District (SJVAPCD) Rule 8021, which requires:
. A survey of the facility prior to issuance of a permit by SJV APeD;
. Notification of the SJV APCD prior to construction activity;
. Removal of asbestos in accordance with prescribed procedures;
. Placement of collected asbestos in leak-tight containers or wrapping; and
. Proper disposal of the asbestos.
Lead-Based Paint
5.3-7 The buildings located on-site that were built prior to 1978 could contain lead-
based paint, resulting in potential health hazards to building occupants.
Implementation of mitigation measures would reduce these impacts to a less
than significant level.
Facts Supportino Findino
Lead-based paint would likely be found in several existing buildings constructed prior to
1978. Before demolition activities, a lead-based paint survey would be required. If lead-
based paint is found, mitigation measures would be required before any demolition
activities that would create lead dust or fume hazard, in order to limit impacts to a less
than significant level. Lead-based paint removal would be performed in accordance with
California Code of Regulations Title 8, Section 1532.1, which provides exposure limits,
exposure monitoring, and respiratory protection, and mandates good working practices
by workers exposed to lead.
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Mitigation Measure 5.3-7 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-7 Prior to development, the developer shall conduct a survey to determine the
presence or absence of lead-based paint and 'submit the results to the City of
Bakersfield. If lead-based paint is found, abatement shall be required before any
demolition activities occur that would create a lead dust or fume hazard. Lead-
based paint removal shall be performed in accordance with California Code of
Regulation Title 8, Section 1532.1, which specifies exposure limits, expqsure
monitoring, and respiratory protection, and mandates good wo~ing practices by
workers exposed to lead. The person performing lead-based paint removal shall
provide evidence of certified training for lead-related construction work.
Valley Fever
5.3-10 Grading within the boundary of the Project site may lead to the release of fugitive
dust and spores causing Valley Fever. Mitigation that reduces fugitive dust
emissions would reduce impacts to a less than significant level.
Facts Supportino Findino
If Valley Fever spores occur within the boundaries of the proposed Project, with the
absence of mitigation, there is potential for the infection of construction workers and
surrounding residents, as well as within the Project area. Mitigation measures designed
to reduce the amount of fugitive dust during grading activities would reduce the
likelihood of Valley Fever to a less than significant level; (refer to Section 5.7, AIR
QUALITY). The long-term covering of portions of the Project alignment with landscaping
material andlor with impervious roadway surfaces would reduce the long-term potential
release of Valley Fever spores to a less than significant level.
Mitigation Measure 5.3-10 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-10 Refer to Section 5.7, AIR QUALITY, regarding fugitive dust mitigation measures.
Farmers Canal
5.3-11 Development of residential uses around an open canal poses a potential public
safety hazard. Impacts would be reduced to less than significant levels with the
incorporation of mitigation measures.
Facts Supportino Findino
The Farmers Canal is proposed to be realigned as part of the proposed Project. The
specific alignment will be identified on the Tentative Tract Map. The Farmers Canal,
owned and operated by the Kern Delta Water District (KDWD), is an unpaved canal that
traverses the Project site from the northeast to the southwest. The City of Bakersfield
has requirements that apply to development near canals that increase the public's safety
around the channels. The City's requirements include the inclusion of "a chain-link fence ~"'Ks:
six feet in height, as specified in City of Bakersfield Subdivision and Engineering DesigrB< '9<.Jl
Manual Standard S-10, or an equivalent barrier as determined by the advisory agenc~ ~
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between any subdivision and the right-of-way line ,of any irrigation canal within or
adjacent to the subdivision". With implementation of measures to ensure public safety
around canals, less than significant impacts would occur.
Mitigation Measure 5.3-11 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-11 Prior to development to developer shall construct a six foot high chain-link fence,'
or equivalent barrier as determined by the advisory agency, shall be constructed
between any subdivision and the right-of-way line of any irrigation canal within or
adjacent to the subdivision, as specified in City of Bakersfield Subdivision and
Engineering Design Manual Standard S-10.
AESTHETICS/LIGHT AND GLARE
Short-Term (Construction) Aesthetic Impacts
5.4-1 Grading and construction of individual phases would temporarily alter the visual
appearance of the Project area. Impacts that are considered to be short-term
would cease upon completion of construction activities and would be reduced to
less than significant levels with implementation of the required mitigation
measure.
Facts Supportino Findino
Project construction activities would temporarily disrupt views across the site from
surrounding areas. Graded surfaces, construction debris, construction equipment and
heavy truck traffic would be visible. Soil would be stockpiled and equipment for grading
activities would be staged at various locations throughout the Project site. The use of
metal storage containers in conjunction with construction activities would be subject to
Section 17.57.050 of the Bakersfield Municipal Code, which allows the use of metal
storage containers for construction, subject to approval by the City Building Director.
These impacts would be short-term and would cease upon Project completion. With the
implementation of the required mitigation measure pertaining to location of the screening
area and with compliance with Bakersfield Municipal Code requirements, short-term
impacts would be reduced to less than significant levels.
Mitigation Measure 5.4-1a and 5.4-1b of the Final EIR reduces impacts below a level of
significance. The measure is as follows:
5.4-1a With submittal of a tentative tract map application, the developer shall show the
temporary construction equipment staging areas within the Project site through
the duration of construction. Appropriate distance separation from adjacent
residences shall be shown, subject to review and approval of the City Planning
Department. Additionally, all construction activities would be required to be
consistent with the Bakersfield Municipal Code requirements and conditions of
approval.
5.4-1b Prior to development, the Project Contractor shall ensure that all mechanical and "'K~
electrical equipment to be installed on the structure or on the ground i~ ~ ?>(fl
adequately screened from public view. The screening shall be considered as ~ ~
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element of the overall design and must blend with the architectural design of the
building and/or landscaping, as appropriate. Construction plans for the buildings
shall indicate any fixtures or equipment to be located on the roof of the respective
structure, equipment types, and design of the screening material. The method of
screening shall be reviewed and approved by the City Planning Department.
Light and Glare Impacts
5.4-3 The Project would generate additional light and glare beyond existing cond~tions
from street lighting and vehicular traffic. Compliance with City codes and required
mitigation would reduce potential impacts to less than significant levels.
Facts Supportino Findino
The City requires that streetlights be installed at intersections and (when streets are
longer than 600 feet in length) at mid block. The Project may create light and glare
impacts on off-site uses and introduce new sources of lighting into the Project area.
These sources include streetlights and interior building lighting (from residences).
Light sources from the on-site residential development may have a significant impact on
the surrounding areas. Additionally, on-site light sources may create light spillover and
glare impacts on surrounding land uses in the absence of mitigation. Street light
illumination from the residential areas would be comparable to that in the existing
residential development north and northeast of the proposed Project site. The lighting
within the proposed Project site would be in compliance with City standards. Title
17.58.060 of the Bakersfield Municipal Code indicates that lighting of parking lots be
designed and reflected away from future on-site and existing adjacent residential
properties and streets. City building officials may also require the use of light shields to
prevent unwanted light on future on-site and existing adjacent residential properties.
Mitigation Measure 5.4-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.4-3 Prior to development, the Project Applicant shall ensure that the Project's exterior
lighting does not spill over onto the adjacent uses, all exterior light fixtures,
including street lighting, shall be shielded or directed away from adjoining uses,
pursuant to all applicable lighting standards and requirements of the City of
. Bakersfield Municipal Code and Zoning Code.
TRAFFIC AND CIRCULATION
Short-Term (Construction) Impacts
5.5-1 Project-related construction activities would result in temporary circulation
impacts on nearby residents, pedestrians, bicyclists, and potential traffic
congestion. However, these impacts are considered a temporary nuisance and
would cease upon Project completion. Implementation of required mitigation
measures would reduce impacts to less than significant levels.
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Facts Supportino Findino
Anticipated construction-related traffic and circulation impacts would be con~idered a
temporary nuisance that would cease upon completion of Project construction.
Preparation of a detailed Traffic Management Plan (TMP) would be required prior to
construction of the proposed Project. The TMP would delineate all road closures,
provisions to maintain access to adjacent residential properties at all times, prior notices,
adequate sign-postings, detours, provisions for pedestrian and bicycle transportation, I
and permitted hours of construction activity. Proper detours and warning signs would be
established along the Project perimeter to ensure public safety. The TMP shall be
devised so that construction would not interfere with emergency response or evacuation
plans. With implementation of the TMP and mitigation measures, less than significant
impacts are anticipated in this regard. .
Mitigation Measures 5.5-1a and 5.5-1b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.5-1a Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be
submitted for review and approval to the City of Bakersfield Public Works
Department. Such plan shall consist of prior notices, adequate sign posting, and
detours (including for pedestrians and bicyclists). The TMP shall specify
implementation timing of each plan element (prior notices, sign-posting, detours,
etc.) as determined appropriate by the City Engineer. Adequate access to and
from adjacent residential areas shall be provided at all times. The TMP shall be
reviewed and approved by the City Police and Fire Departments so that
construction does not interfere with any emergency response or evacuation
plans. Construction activities shall proceed in a timely manner to minimize
impacts.
5.5-1b During development the Project Contractor shall establish proper detours and
warning signs to ensure public safety. This includes the use of proper lighting
(where appropriate); fencing and shielding; proper storage of equipment and
construction supplies; and covering loose piles of soil, silt, clay, sand debris, or
other earthen material.
Traffic Generation
5.5-2 Project implementation may cause a significant increase in traffic when
compared to the traffic capacity of the street system and may exceed an
established LOS standard. Less Than Significant With Mitigation.
Facts Supportino Findino
The Project consists of residential land development. Access to the Project site is
proposed via Taft Highway, Stine Road, Romero Road, a future collector, Ashe Road,
Engle Road, and Reliance Road. The traffic related to the proposed Project was calculated
in accordance with the following accepted procedural steps: (1) trip generation; (2) trip
distribution; and (3) traffic assignment.
Mitigation Measure 5.5-2a of the Final EIR reduces impacts below a level of significance. 'O""K~?>
The measure is as follows: ~ ~
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5.5-2a Refer to Mitigation Measures 5.5-3a and 5.5-3b, below.
Cumulative Traffic (2024 Conditions)
5.5-3 Implementation of the proposed Project, combined with cumulative project
development, may cause a significant increase in traffic when compared to the
traffic capacity of the street system and may exceed an established LOS
standard. Less Than Significant With Mitigation.
Facts Supportino Findino
In order to maintain acceptable LOS and mitigation, the 2010 and 2030 future traffic
volumes plus Project generated traffic impacts intersections and segments, the
improvements summarized below are needed for the roadway network. It is assumed that
the improvements needed to the roadway facilities for existing, and 2010 and 2030 future
traffic volume without the Project traffic will be in place prior to the addition of the Project
generated traffic at full build-out.
Mitigation Measure 5.5-3a and 5.5-3b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.5-3a Prior to the issuance of building permits, the project applicant shall participate in
the RTIF Program. The project applicant shall submit funding calculations for all
improvements associated with the RTIF Program pursuant to Table 5.5-6,
Summary of Impacts/Mitigation, below, to the satisfaction of the Public Works
Department.
5.5-3b For impacted intersections subject to fair-share improvements (refer to Table 5.5-
6, SUMMARY OF IMPACTS/MITIGATION, below), prior to development, the
Project Applicant shall participate in the improvements required on a pro-rata,
fair-share basis, as indicated in Future Intersection Improvements and Local
Mitigation prior to the issuance of building permits.
Alternative Transportation Systems
5.5-4 The proposed Project will accommodate alternative modes of transportation
(transit service and pedestrian and bicycle paths) within the Project site vicinity.
Adherence to the goals and policies of the Metropolitan Bakersfield General Plan
and implementation of mitigation measures will result in less than significant
impacts.
Facts Supportino Findino
As indicated in the Metropolitan Bakersfield General Plan Environmental Impact Report,
as development and population increase within the Metropolitan Bakersfield area the
demand for alternative transportation (Le., bus transit service, bikeways, and pedestrian
facilities will increase.
Mitigation Measure 5.5-4 of the Final EIR reduces impacts below a level of significan~ ~"'KS"?>cJl
The measure is as follows C> ~
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5.5-4 Prior to development, the City shall update the Metropolitan Bakersfield General
Plan Bikeways Master Plan to reflect bikeways implemented as part of the
proposed Project.
NOISE
Short-Term (Construction) Impacts
5.6-1 Grading and construction within the Project area would result in temporary noise
impacts on nearby noise sensitive receptors. Analysis has concluded that
temporary construction noise would result in a less than significant impact with
incorporation of mitigation measures. .
Facts Supportino Findino
Standard residential construction in California provides a 20-dBA reduction of interior
noise levels with windows closed and a 12-dBA reduction with windows open. Interior
noise levels at existing dwelling units closest to the project area with a direct line of sight
to on-site construction activity (Le., those that would be exposed to intermittent
maximum noise levels of 90 dBA Lmax) would potentially reach 65 dBA Lmax. with windows
closed and up to 78 dBA Lmax. with windows open, at such times when the equipment is
at the property line. As indicated above, these noise levels will drop off at a rate of six
decibels per each doubling of distance (e.g., 100 feet, 200 feet, and 400 feet). Existing
residences farther away from the project and those blocked by other existing structures
would experience lower construction noise levels emanating from the project area. Per
the Bakersfield Municipal Code, construction would be limited to the hourS of 6:00 AM to
9:00 PM on weekdays and 8:00 AM and 9:00 PM on weekends. Implementation of the
mitigation (i.e., engine muffling, placement of construction equipment, and
stockpiling/staging of construction vehicles) would serve to reduce the noise levels to
sensitive receptors and thus would result in a less than significant impact.
Mitigation Measures 5.6-1a through 5.6-1d of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.6-1a Prior to development, the Contractor shall provide evidence acceptable to the
City Planning Department that (1) all construction equipment, fixed or mobile,
operated within 1,000 feet of a dwelling unit shall be equipped with properly
operating and maintained mufflers; (2) construction activities shall be limited to
the designated daytime hours as specified by the City of Bakersfield (currently 6
AM to 9 PM on weekdays and 8 AM and 9 PM on weekends). No construction is
allowed on Federal holidays. These restrictions apply to all trucks, vehicles, and
equipment that are making or involved with material deliveries, loading or transfer
of materials, equipment service, and maintenance of any devices for or within the
Project construction site.
5.6-1 b During construction, the Project Contractor shall place stationary construction
equipment such that emitted noise is directed away from noise-sensitive
receptors. The placement of the equipment shall meet the satisfaction of the
Building Official and is subject to site inspection. Additionally, the Project ~"'K~-9
Contractor shall provide evidence of the placement of the stationary equipment t~ ~
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the Building Official.
5.6-1c Prior to development the Project Contractor shall incorporate muffling features
into all construction vehicles and equipment and into construction methods, and
shall maintain all construction vehicles and equipment in efficient operating
condition. The Project Contractor shall provide evidence to the City Planning
Department that the above muffling and maintenance measures have been
implemented.
5.6-1d Prior to development, the Applicant shall provide evidence ,to the Planning
Department that stockpiling and construction vehicle staging areas shall be
located as far away as practical from noise-sensitive receptors during
construction activities.
On-Site Mobile Source Impacts
5.6-3 Project implementation would generate additional vehicular travel on the roadway
network, thereby resulting in permanent noise level increases. Analysis has
concluded that with the incorporation of recommended noise attenuating design
features, long-term vehicular- related noise would not exceed the City's 65 dB
CNEL compatibility standard for future on-site residences.
Facts Supportina Findino
As indicated in the Environmental Noise Assessment, prepared by BBA (refer to
Appendix 15.5), the Year 2030 65-dBA-CNEL contour would extend approximately 75
feet from the surrounding roadway centerlines. Some residential locations would be
exposed to traffic noise levels in excess of 65 dBA CNEL. The provision of a noise
barrier may be required to adhere to City of Bakersfield noise standards Based on the
conceptual nature of the site plan, the mitigation components cannot be adequately
determined at this time. It is recommended that an additional noise analysis be
conducted prior to Tentative Tract Map approval to ensure that adequate noise
mitigation is provided to meet the City of Bakersfield noise standards. The report would
evaluate the exterior noise impacts based upon the actual roadways, pad elevations,
and building design. With implementation of the required mitigation, which requires
additional noise analysis, a less than significant impact would occur in this regard.
Mitigation Measure 5.6-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.6-3 With submittal of a Tentative Tract Map Application, the Applicant shall conduct a
site specific acoustical analysis to determine the adequacy of sound walls and/or
design to ensure compliance with the City of Bakersfield's noise standards as
indicated in the Metropolitan Bakersfield General Plan Environmental Impact
Report.
Stationary Source Impacts
5.6-4
Implementation of the proposed Project would result in the generation of on-site
noise associated with future residential units as well as mechanical equipment x ~~K~1>tP
and landscape maintenance. Analysis has concluded that impacts would be les~ ~
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than significant with the implementation of required mitigation measures.
Facts Supportino Findino
Residential Areas
Future development of residential lots would create stationary noise typical of any new
residential development. Noise that is typical of residential areas includes such things I
as children playing, pet noise, amplified music, car repair, pool and spa equipment
operation, woodworking, and home repair activities. Noise from residential stationary
sources would primarily occur during the "daytime" activity hours of 7:00 AM to 10:00
PM. Furthermore, the residences would be required to comply with the noise standards
set forth within the Metropolitan Bakersfield General Plan. The General Plan states that,
exterior noise levels in residential property shall not exceed the basic noise standard of
45 dBA for interior noise and 65-dBA exterior at the residential property line. Thus, noise
impacts from the residential uses are anticipated to be less than significant in this
regard.
Mechanical Equipment
Mechanical equipment such as heating, ventilation, and air conditioning (HVAC) units
would be included as part of future residential units. Compliance with the Metropolitan
Bakersfield General Plan and Bakersfield Municipal Code would minimize noise impacts.
Noise levels from mechanical equipment would be further reduced with implementation
of mitigation requiring the orientation of equipment away from any sensitive receptors,
proper selection of equipment, and installation of equipment with proper acoustical
shielding. Implementation of the required mitigation measures and compliance with the
City of Bakersfield provisions would reduce the impact to a less than significant level.
Landscape Maintenance
Future development of the residential uses within the Project area would introduce new
landscaping areas requiring periodic maintenance. Noise generated by gasoline-
powered lawn mowers is estimated to be approximately 70 dBA at a distance of 5 feet
from the source. Therefore, at 50 feet, noise from a gas lawnmower would be 49 dBA
and would meet City noise standards even if-although unlikely-the lawnmower were
operated near the same sensitive receptor for a full hour. For each doubling of distance
from a point noise source (Le. the lawnmower), the sound level decreases by 6 dBA. As
the operation of maintenance activities would occur only during daytime hours and for
brief periods of time, a less than significant impact would result.
Mitigation Measure 5.6-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.6-4 Refer to Mitigation Measures 5.6-1a through 5.6-1d.
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Air{ QUALITY
Short-term (Construction) Emissions
5.7-1 Temporary construction-related dust and vehicle emissions would occur during
construction within the Project area. Analysis has concluded that impacts would
be mitigated to a less than significant level.
Facts Supportinc Findino
,
Short-term impacts from the Project will result in fugitive particulate matter emissions
through. Grading, excavation, trenching, filling, and other' construction activities.
SJVAPCD Regulation VIII specifies control measures for outdoor sources of fugitive
particulate matter emissions. Rule 8011 contains administrative requirements, Rule
8021 applies to construction activities, and Rule 8071 applies to vehicle and equipment
parking, fueling, and service areas.. The SJVAPCD does not require a permit for these
activities, but does impose control measures, such as the application of water or a
chemical dust suppressant.
Mitigation measures 5.7-1a through 5.7-1c of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.7-1a Prior to issuance of a grading permit, the developer shall prepare and submit a
dust control plan. The plan shall be prepared consistent with District Regulation
VIII and must be reviewed and approved by the SJVAPCD prior to the
commencement of grading activities. The dust control measures selected shall
be incorporated as a note on each grading plan.
5.7-1b Prior to issuance of any building permit the developer shall submit to the
Planning Department a written guarantee stating that during the construction
phase all construction equipment in use on the Project site and on the way to and
from the Project site shall comply with the following construction equipment
exhaust mitigation measures; the following mitigation measures shall be utilized
during the construction phase of the Project to reduce construction exhaust
emissions. These mitigation measures are stated in the GAMAQI guidance
document as approved mitigation for construction equipment:
. Properly and routinely maintain all construction equipment, as
recommended by manufacturer's manuals, to control exhaust emissions.
. Shut down equipment when not in use for extended periods of time, to
reduce exhaust emissions associated with idling engines.
. Encourage ride-sharing and use of transit transportation for construction
employees commuting to the Project site.
. Use electric equipment for construction whenever possible in lieu of fossil
fuel-fired equipment.
Curtail construction during periods of high ambient pollutant
concentrations; this may include ceasing construction activity during the
peak hour of vehicular traffic on adjacent roadways.
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5.7-1c Construction of the Project requires the implementation of control measures set
forth under Regulation VIII of the San Joaquin Valley Air Pollution Contr~1 District
(SJAPCD), Fugitive PM10 Prohibition. During construction the contractor shall
implement the following measures, in addition to those required under Regulation
VIII of the SJVAPCD, in order to reduce fugitive dust emissions, and provide
evidence to the Planning Department that the following measures are complied
with:
. A six-foot high dust fence shall surround the construction site during
primary grading activities.
. All disturbed areas, including storage piles, which are not being actively ,
utilized for construction purposes, shall be effectively stabilized of dust
emissions using water, chemical stabilizerlsuppressant, covered with a
tarp or other suitable cover, or vegetative ground cover.
. All on-site paved roads with off-site 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.
. When materials are transported off-site, all material shall be covered or
effectively wetted to limit visible dust emissions, and at least six 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 limitthe 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 pile, said piles shall be effectively stabilized of
fugitive dust emissions utilizing sufficient water or chemical
stabi I izer/suppressant.
. Within urban areas, trackout shall be immediately removed whenever 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.
. Asphalt-concrete paving shall comply with 5jVAPCD Rule 4641 and restrict
the use of cutback, slow-cure, and emulsified asphalt paving materials.
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Cease grading activities during periods of high winds (greater than 20 miles
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. Limit the speed of construction-related vehicles to 15 mph on all unpaved
areas at the construction site,
. Implement, carryout, and trackout mitigation measures, such as gravel
pads, in accordance with the requirements of the SJVAPCD Regulation
VIII.
Long-Term (Operational) Impacts
5.7-3 The Project would result in an overall increase in the local and regional pollutant
load due to direct impacts from vehicle emissions and indirect impacts from
electricity and natural gas consumption. With implementation of recommended
mitigation, combined mobile and area source emissions would not exceed
SJVAPCD thresholds for NOx and ROG. A less than significant impact would
occur in this regard with implementation of mitigation measures.
Facts Supportino Findino
As a result or normal day-to-day activities occurring on the Project site after occupation,
operational emissions would be generated by both stationary and mobile sources.
Stationary source emissions are those generated by the consumption of natural gas for
space and water heaters, landscape maintenance equipment, and consumer products.
Mobile emissions are those generated by the motor vehicles traveling to and from the
Project site.
The significance thresholds of the District for NOx and ROG would not be exceeded by
the project with proposed mitigation implemented. The Project impact based on
GAMAQI and District operational thresholds is therefore considered to be less than
significant and no general thresholds for criteria pollutants related to Project-specific
impacts are considered to be significant.
Mitigation measures 5.7-3a and 5.7-3b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.7 -3a Transportation control measures and design features can be incorporated into
the Project to reduce emissions from mobile sources. The control measures
listed below provide a strategy to reduce vehicle trips, vehicle use, vehicle miles
traveled, vehicle idling and traffic congestion for the purpose of reducing motor
vehicle emissions. These features were incorporated into the emission estimates
for the Project and are therefore required in order to achieve the emission level
present above. Prior to development the Project Applicant shall incorporate the
following measures into the design of the Project site:
. Incorporate sidewalks throughout the Project, with adequate safety
signage and appropriate lighting. Connect sidewalks to any open space
or recreational areas and to nearby transit loading areas and/or shelters.
. Improve streets and traffic signals for intersections and street segments,
which may impact the surrounding local roadway system due to traffic, ~~KS'.i\
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5.7-3b In order to reduce the Project's net emissions of 30.87 TPY of RaG and 14.42
TPY of NOx to zero, the Project Applicant shall provide emission offsets through
participation in a voluntary emission reduction project (VERP) through the
SJVAPCD. Available mitigation programs can consist of, but are not limited to,
the following:
Public Works Improvement Proiects:
Project or projects approved by the City Public Works Department that will
reduce emissions as described above. The improvements for said project must
be completed and accepted by the Public Works Department prior to recordation
of individual development phases. The project(s) selected shall be one(s) not
otherwise funded or constructed with this proposed project. The subdivider is
responsible for all costs to determine the emission reductions associated with
proposed Public Works project(s). Documentation for public works improvement
project(s) demonstrating mitigation compliance shall be submitted to the Planning
Director prior to recordation of individual development phases. The types of
pUblic works improvement project(s) used for the reduction in emissions may
include, but are not limited to, the following types:
. Construction of a new warranted signal.
. Modification of an existing signalized intersection to add additional left
turn storage or dedicated right turn capability.
Other Projects:
These are nonpublic works projects selected by the subdivider that shall reduce
emissions as described above. The subdivider is responsible for all costs to
determine the emission reductions associated with the proposed project(s).
Proof of mitigation compliance shall be submitted to the Planning Director prior to
recordation of individual development phases. Proof of compliance may include
documentation of the number, type, and year of cars crushed; location and type
of engine modified, photo documentation, and quantification of emission
reduction by the San Joaquin Valley Air Pollution Control District or an air quality
consultant. The types of project(s) used for the reduction in emissions may
include, but are not limited to, the following types:
. Car crushing of older model cars.
. Modification to stationary diesel engines, such as those under agricultural
use.
. Modification of fleet vehicles and/or other mobile sources.
SJV APCD Mitioation Fund:
Air quality mitigation fees, of the amount to be determined by the SJVAPCD and
the subdivider, are due to the SJV APCD Fund account prior to recordation of any
final tract map. Proof of payment and SJV APCD mitigation certificates shall be t-.K
provided to the Planning Director prior to recordation of each phase of a final .~ '0 ~?><.p
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Fees paid to the SJVAPCD through an approved indirect SQurce emissions fee
program may be utilized to provide applicable offsets for the proposed Project.
If, during the life of the Project, the City of Bakersfield adopts an emissions
mitigation program that provides equal or more effective mitigation than the
measures listed above, the developer may choose to participate in the City's
program to mitigate air quality impacts.
A VERP shall require the Project Applicant to enter into a binding agreement with
the SJVAPCP. This agreement will require the SJVAPCD to:
. Review air emission impact assessment protocol and qUantification of
emission estimates attributable to the Project;
. Acceptance of the estimated monetary value of the emission reductions
to equal the emissions from the Project;
. Locate and implement emission reductions; and
Certify that the emissions reductions have been made to the lead agency and the
developer in a form of a certificate.
Cumulative Impacts
5.7-7 Impacts on regional air quality resulting from the proposed Project and
cumulative projects may impact existing regional air quality levels on a
cumulative basis. Analysis has concluded that less than significant cumulative
impacts would occur with incorporation of mitigation measures.
Facts Supportina Findino
The cumulative analysis is based, in part, on a quantitative analysis of projects in the
vicinity of the proposed Project, and is supplemented with an analysis of data utilized by
the Kern. COG adopted regional growth forecast used for the regional air quality
conformity analysis required by the 1990 Federal CAAA. The nearby project analysis
quantifies operational project impacts along with all identified projects in the vicinity of
the proposed site for comparison with the Basin totals for NOxand ROG. The Kern COG
analysis confirms whether the proposed Project, when added to existing and proposed
development and compared with local and regional growth forecasts, are in line with
those forecasts. The analysis then determines conformance with SIP emission budgets
or baseline emissions for NOx, ROG, CO and PM10. Along with the CO "Hot Spot"
analysis and T ACs, the combined analyses provide a detailed description of the Project's
overall cumulative impact on air quality.
Based on the emission estimates provided above, the proposed project represents
approximately 28.66% of the ROG emissions and 31.04% of NOx emissions within the
project's one-mile radius, after mitigation. From a regional standpoint, the San Joaquin
Air Basin has annual emissions of ROG and NOx of 144,796 tons and 184,289 tons,
respectively, from all sources. The project therefore represents 0.007% ROG emissions
and less than 0.005% of NOx emissions in the Air Basin. The Kern County portion of the ~AK~
San Joaquin Air Basin has annual emissions of ROG and NOx of 36,026 tons and J. ~cP
62,233 tons, respectively, from all sources. The Project represents 0.028% of ROG ;= * :
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emissions and 0.016% of NOx emissions in the Kern,County portion and is considered
less than significant.
I
Mitigation measure 5.7-6 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.7-6 Refer to Mitigation Measure 5.7-3a and 5.7-3b.
BIOLOGICAL RESOURCES
Short-Term (Construction) Impacts
5.8-1 Construction of the proposed Project would result in' temporary impacts on,
biological resources in the Project area. Project adherence to all applicable
construction mitigation measures outlined throughout this EIR, would reduce
impacts to less than significant levels.
Facts Supportina Findino
Grading activities would disturb soils and result in the accumulation of dust on the
surface of leaves, trees, shrubs, and herbs. The respiratory function of the plants in the
area would be impaired when dust accumulation is excessive. However, most of the
vegetation on the Project site is non-native or agricultural. Implementation of standard
dust suppression measures identified in Section 5.7, AIR QUALITY, would serve to
reduce construction-related dust generation. Therefore, the indirect effect of impairing
respiration of existing plant species on the Project site is considered less than
significant.
During construction of the proposed Project it is likely that noise levels on the Project site
would increase above existing noise levels, then return to a lower level following the
completion of the construction period. Temporary increases in noise levels are unlikely
to impact wildlife because resident animals are already acclimated to the high noise
levels associated with on-site activities, nearby traffic, and adjacent development.
Additionally, with implementation of mitigation measures outlined in Section 5.6, NOISE,
construction noise impacts would be less than significant. The Project is not expected to
result in wildlife displacement adjacent to the site due to increased disturbance.
Therefore, Project-related construction noise impacts would be considered less than
significant.
Mitigation Measures 5.8-1a through 5.8-1c of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.8-1a Refer to the mitigation measures provided in Section 5.7, AIR QUALITY.
5.8-1 b Prior to development, the Project Applicant shall ensure that construction vehicle
speed limits shall not exceed 20 miles per hour (mph) and shall be posted
throughout the site for the duration of construction activities.
5.8-1 c Refer to the mitigation measures provided in Section 5.6, NOISE.
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Special Status Wildlife
5.8-3 Due to the existing on-site and surrounding land uses, potential impacts on
special status wildlife species are not expected to occur. However due to the
potential range of such species, conformance to the MBHCP would be required
to reduce impacts to less than significant levels. Less than significant impacts are
anticipated in this regard with compliance with the MBHCP and incorporation of
mitigation measures.
Facts Supportina Findino
During the surveys conducted for the proposed Project, no listed wildlife species or their
signs were observed. The Federal and State-listed threatened San Joaquin kit fox is
known to occur within the Project region; however, no signs of the species was identified
on the site. Several areas potentially suitable for den sites were investigated in the
surveys, including roads and canals within the Project site. However, no signs of
occupancy were noted. No San Joaquin kit fox species are known to be in the
immediate vicinity of the proposed Project site. No other species of concern were
observed or expected to inhabit the Project site, including the Federally and State
endangered blunt-nosed leopard lizard and the Federally and State endangered Tipton
kangaroo rat and other listed or candidate species.
Compliance with the MBHCP is intended to conserve entire communities and
ecosystems. Although not known to occur in the immediate vicinity of the proposed
Project site, impacts on habitat for special status species, including San Joaquin kit fox,
will be mitigated through the payment of a one-time mitigation fee due and. payable to
the City of Bakersfield at the time grading plans are approved or building permits are
issued. The mitigation fee, as previously mentioned above, is currently $1,240 per acre,
although it may be increased in the future to keep pace with inflation. The mitigation fee
will apply to the acres of all vegetation types directly impacted by the proposed Project.
Therefore, less than significant impacts with incorporation of mitigation measures.
Mitigation Measures 5.8-3a through 5.8-3e of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.8-3a Prior to development the Project Applicant shall take avoidance measures for
San Joaquin kit fox dens, follow all agency guidelines regarding kit fox tracking
and excavation to prevent entrapment of animals in potential dens, as required
by the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP).
5.8-3b Prior to development the Project Applicant shall conduct preconstruction surveys
for known dens, inspect large trees for raptor nesting, and other nest sites and
implement appropriate and/or necessary take avoidance measures for the San
Joaquin kit fox and protected bird species in accordance with the MBHCP and
the Migratory Bird Treaty Act.
5.8-3c Prior to development the Project Applicant shall conduct preconstruction surveys
before disking or ground disturbance to ensure that no California ground squirrel
burrows are present and to prevent potential entrapment of burrowing owls.
Survey the buildings to ensure that no raptors are nesting at the time of ~"'K~-9
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avoid nests until the young have fledged.
5.8-3d Prior to development, if any previously unidentified protected species that is not
addressed in the MBHCP is found to be present, the Project Applicant shall avoid
the species and have it evaluated by a qualified biologist. Notify the U.S. Fish
and Wildlife Service (USFWS) and the California Department of Fish and Game
(CDFG) any previously unreported protected species. Any take of protected
wildlife shall be reported immediately to the CDFG and USFWS.
5.8-3e Prior to development the Project Applicant shall conduct pre construction surveys
prior to ground disturbance to ensure that no burrowing owls are present on-site
and to ensure avoidance of direct take or accidental entrapment of burrowing
owls. If nests are encountered, use agency-approved buffer zones and avoid,
nests until the young have fledged. Additionally, the following measures, taken
from the Staff Report on Burrowing Owl Mitigation (CDFG 1995) should be
followed in order to minimize impacts, preserve habitat, and reduce potential
impacts to burrowing owls to a level of less than significant:
. Occupied burrows shall not be disturbed during the nesting season
(February 1 through August 31) unless a qualified biologist approved by
the CDFG verifies through noninvasive methods that either: (1) the birds
have not begun egg-laying and incubation; or (2) that juveniles from the
occupied burrows are foraging independently and are capable of
independent survival.
. If owls must be moved away from the disturbance area, passive
relocation techniques as described in the Staff Report on Burrowing Owl
Mitigation should be used rather than trapping. At least one or more
weeks will be necessary to accomplish this and allow the owls to
acclimate to alternative burrows.
Long-Term Impacts
5.8-4 The proposed Project would result in permanent long-term impacts on biological
resources compared to existing conditions. Analysis has concluded that
waste/trash from humans has the potential to impact wildlife. Implementation of
mitigation measures would reduce impacts to a less than significant level.
Facts Supportino Findino
Wildlife Movement
Because of the existing use of the site as an agricultural field, the proposed Project does
not serve as a regional wildlife movement corridor. The consistent and frequent
cultivation and maintenance activities associated with an active farmland are not ideal
conditions for a wildlife movement corridor. Furthermore, the residential neighborhoods
to the north detract from the overall likeliness of wildlife movement in the area.
The proposed residential uses may increase the amount of traffic locally and the
potential for vehicular mortality of threatened, endangered and other protected species, ~ ~"'K~-9
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the significance of vehicular mortality rates.
Noise
The completed Project would result in increased traffic volumes and noise levels that
would presumably increase over present levels as the traffic and occupancy increases.
However, noise levels are already relatively high on the Project site, with traffic on
adjacent roads and residential uses to the north of the Project site. Therefore, the
permanent noise increase resulting from the proposed Project would be considere~ less
than significant in regards to wildlife.
Night Lighting
Night lighting would increase due to car headlights and Project related parking and night
lighting during and after completion of the proposed Project. Lighting associated with car
headlights would not be present throughout the night and most of the light would not
stray onto adjacent properties. Additionally, the night lighting proposed for the Project is
designed to reduce stray light into adjacent areas. Resident animals are already
acclimated to existing lighting associated with the adjacent development and roadways
in the region. Refer to Section 5.4, AESTHETICSILlGHT AND GLARE, for measures to
reduce light spillover. Therefore, Project-related night lighting would be considered less
than significant.
Food Waste and Garbage
Extensive litter frequently accumulates around residential and/or commercial
developments. The San Joaquin kit fox and other animals also may eat plastic sandwich
bags or other non-food garbage items that may cause their death. Solid waste debris
and litter may also accumulate and become a fire hazard. Both waste and fire can have
adverse effects on wildlife habitats. In addition, solid wastes may attract coyotes from
the adjacent agricultural areas that could impact the urban San Joaquin kit fox. The
provision to include covered litter barrels at appropriate locations would reduce this
impact to less than significant levels.
Mitigation Measure 5.8-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.8-4 During construction, the Project Contractor and construction workers shall
dispose of all food, garbage, and plastic in closed containers and regularly
remove the containers from the site to minimize attracting ranging kit fox or other
animals to the site where they may be harmed.
CUL rURAL RESOURCES
Archaeological Resources
5.9-1
Implementation of the proposed Project may cause a significant impact to
unknown archaeological or historical resources on-site. Significance:
Implementation of the required mitigation measures would reduce impacts to
unknown archaeological resources to a less than significant level. ~ fOAKS'?>.
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Facts Supportino Findino
No potentially significant cultural resources were identified on-site or adjacent to the
proposed Project. Similarly, no resources were identified in the proposed Project during
previous studies that involved the Project area. Two- historic resources were located as
a result of the pedestrian survey, and include two palm trees and a farm tenant house
from the 1950s. Neither of the resources constitutes a significant resource.
As indicated above, the Project site is included in an area that was historically inhabited
and important to people during the prehistoric era. It is possible that erosional or
depositional processes, along with the use of the Project site for agricultural uses have
obscured cultural resources or human remains that may be present. While it is unlikely
that significant village or habitation sites exist within the area, there is always the ,
potential, regardless of how remote, that cultural resources or human remains may yet
be unearthed during construction.
Ground-disturbing activities for the Project would involve grading for construction.
Implementation of the proposed Project therefore has the potential to disturb or destroy
undocumented archaeological or historical resources, or human remains. Measures
such as proper monitoring of Project grading activities and testing of any resources
found as a result of Project development would reduce potential impacts to
undocumented archaeological resources to less than significant levels (refer to
Mitigation Measures 5.9-1a and 5.9-1b).
Mitigation Measures 5.9-1a and 5.9-1b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.9-1a If archaeological resources are discovered during excavation and grading
activities on-site, the contractor shall stop all work and shall retain a qualified
archaeologist to evaluate the significance of the finding and appropriate course of
action. Salvage operation requirements pursuant to Section 15064.5 of the
CEQA Guidelines shall be followed and the treatment of discovered Native
American remains shall comply with State codes and regulations of the Native
American Heritage Commission.
5.9-1 b If human remains are discovered as a result of the Project during development,
all activity shall cease immediately, and the Contractor shall notify the Kern
County Coroner's Office immediately under state law, and a qualified
archaeologist and Native American monitor shall be contacted. Should the
Coroner determine the human remains to be Native American, the Native
American Heritage Commission shall be contacted pursuant to Public Resources
Code Section 5097.98.
PUBLIC SERVICES AND UTILITIES
Fire Protection
5.10-1 Implementation of the proposed Project will not result in the need for additional
fire facilities or personnel. Potentially significant impact. Compliance with fire
safety standards and requirements and implementation of mitigation measures ,..Ks:
would reduce potential impacts to less than significant levels. ~ ~ '90>
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Facts Supportino Findino
Because of the potential increase in urban development beyond existing conditions,
additional demand for fire services may occur with implementation of the proposed
Project. The City of Bakersfield Fire Department has not established a ratio of staff-to-
resident population; however, current fire personnel are at a ratio of 0.79 per 1,000
population. The Kern County Fire Department operates at a ratio of 1.05 fire personnel
per 1,000 population. According to these service ratios and the potential popul~tion
increase on the Project site, approximately 3.2 additional City fire, personnel and
approximately 4.23 additional County fire personnel would be necessary to maintain the
current service ratios.
The proposed Project has the potential of having short-term construction-related
impacts. If during construction there is a need to redirect traffic or block access routes
or residential streets, potential delays in emergency response could result. This
temporary impact would not be considered significant; however, mitigation measures
pertaining to coordination during construction are provided to reduce impacts to less
than significant levels (refer to Section 5.5, TRAFFIC AND CIRCULATION). Additionally,
compliance with fire safety standards and requirements such as interior sprinkler
systems, fire alarms, emergency access, and adequate fire flow at public and on-site
hydrants would be required during the plan check process and would reduce impacts to
less than significant levels.
Any development on-site shall be subject to the provisions of the Uniform Fire Code and
local amendments; Titles 19, 22, and 27 of the California Safety Code Regulations; the
Bakersfield Municipal Code; and the National Fire Prevention Association Standards.
Mitigation Measures 5.9-1a and 5.9-1b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.10-1a With submittal of the Tentative Tract Map the development project shall be
reviewed by the City of Bakersfield Fire Department. Specific Department
requirements for access, fire flow, hydrants, or other fire and life safety
requirements shall be addressed.
5.10-1b Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term
construction mitigation measures.
Police Protection
5.10-2 Implementation of the proposed Project will not result in the need for additional
police facilities or personnel. Potentially significant impact. Impacts are reduced
to less than significant levels with compliance with City standards.
Facts Supportina Findino
Construction of the proposed Project would create an increased demand for police
services on the City of Bakersfield Police Department and the Kern County Sheriffs
Department. At build-out, the proposed Project may generate a population of 7,039.34
persons. The City of Bakersfield Police Department has a current staffing level of
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approximately 1.3 officers per 1,000 residents. This population increase would translate
into an optimal increase of 9.2 sworn officers to serve the site at Project build-out. This
population increase would generate a need for additional nonsworn officers, clerical
personnel, and administrative personnel, as that ratio is one clerical and one
administrative person for every six sworn officers. Similar to the fire protection services,
the proposed Project has the potential of having short-term construction related impacts.
The Kern County Sheriff's Department uses a target-staffing standard of one officer per I
1,000 persons (excluding officers assigned to the Civil Division, Detentions Division, and
administrative staff); however the current staffing level is 0.59 persons per 1,000
population. Therefore, according to the County Sheriff's Department, the addition of
2,334 homes with an average of four persons per home results in the need for 9.3
additional officers in order to attain a ratio of one officer per 1,000 population. The,
Sheriff's Department indicated that as new housing developments are completed, the
number of officers required to provide adequate patrol service will increase accordingly.
Similar to the fire protection services, the proposed Project has the potential of having
short-term construction related impacts. If during construction there is a need to redirect
traffic or block access routes or residential streets, potential delays in police response
could result. Furthermore, construction areas may require additional police monitoring
throughout the duration of Project construction both during day and nighttime periods.
These temporary impacts would not be considered significant; nonetheless, mitigation
measures pertaining to coordination during construction are provided to reduce impacts
to ensure that Project impacts are less than significant (refer to Section 5.5, TRAFFIC
AND CIRCULATION).
Mitigation Measure 5.9-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-2 Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term construction
mitigation measures.
Schools
5.10-3 Development of the Project site would generate additional students beyond
existing conditions. Potentially significant impact. Impacts are reduced to less
than significant with implementation of required mitigation measures.
Facts Supportino Findino
The Lakeside School District is currently at capacity for students, there is no available
classroom space at either of its two schools. Any residential growth will require a new
school facility. Student generation factors within the Lakeside School District are based
on a generation rate of 0.684 students per dwelling unit. Table 5.1 0-2, GENERATION
OF STUDENTS. demonstrates the potential number of students generated by the
proposed Project. More schools are also required for the Panama-Buena Vista Union
School District, to accommodate both elementary and middle school students. The
Panama-Buena Vista Union School District has a student generation factor of 0.568
student per residential unit. The Kern High School District currently exceeds its State-
rated capacity and anticipates continuing to exceed its capacity in future years. This 5<. ~"'KS'~
school district has a student generation rate of 0.24 student per dwelling unit. ~ ~
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Based on the capacities of the existing schools, the development of the proposed
Project would generate students beyond existing conditions and would require additional
school facilities to serve the increased population; (refer to Table 5.10-3, GENERATION
OF STUDENTS for the total increase in number of students).
TABLE 5.10-3
Generation of Students
Generation Factors Dwelling Units (d,u.) Total Number of Students
Lakeside Elementary School 2,334 1,596.5
District lO.684 student oer d.u.l
Panama-Buena Vista Union
Elementary 2,334 1,325.7
lO.568 student oer d.u.l
Kern High School District 2,334 560.2
(0.24 student oer d.u.l Source: Letter from the Kern County Superintendent of Schools. Auaust 24, 2005.
The development of the proposed Project would generate additional students beyond
existing conditions and would require the construction of additional school facilities to
serve the increased population. Additionally, the proposed Project would be required to
contribute development impact fees to the school districts in accordance with the above-
mentioned standards and policies.
Mitigation Measure 5.10-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-3 Pursuant to Government Code Sections 65995, 65996, and 65997, mitigation of
the proposed Project's impacts on public school facilities will be limited to the
collection of statutory fees authorized under Education Code Section 17620 and
Government Code Sections 65995, 65995.6, and 65995.7 at the time that
building permits are issued. Currently these fees are set a $2.24 per square foot,
an amount subject to adjustment every two years. The alternative fees
authorized by Government Code Sections 65995.6 and/or 6995.7, required for
this project, may be significantly higher than the current amount. The developer
shall pay the appropriate fees at the time the building permits are issued.
Parks and Recreation
5.10-4 Development of the Project site would create additional demand on Parks and
Recreation facilities. Analysis has concluded that although impacts are less than
significant, the Project shall be subject to Bakersfield Municipal Code
requirements for Parks and Recreation facilities.
Facts Supportino Findino
According to the City of Bakersfield Recreation and Parks Department, no existing City-
maintained parks or recreational facilities are located within %-mile of the Project site.
Additionally, the City indicated that no proposed facilities are planned for future
development and no impacts associated with the proposed Project are anticipated.
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The applicant shall be required to either dedicate land or pay in-lieu fees pursuant to
Bakersfield Municipal Code 15.80, which requires developers of new residential uses to
provide 2.5 acres of land per projected population of 1,000 persons, basec;i on fair
market value. The proposed Project is anticipated to increase the population within
Metropolitan Bakersfield by 7,039.34 people. Therefore, based upon the dedicated land
ratio, approximately 17 acres of land shall be dedicated for a park. The minimum park
size requirement for a neighborhood park is six acres, and the maximum park acreage
for a community park (pursuant to Bakersfield Municipal Code 15.80) is upwards of 20 I
acres. If parkland is not dedicated, the applicant would be required to pay a park
development fee of $1,275 per each new residential unit. The fee shall be paid before
any grading or other land disturbance occurs on the site, or before any building permits
are issued. The proposed Project shall be required to be annexed into a maintenance
assessment district for the maintenance of all street, median, and sump frontage ,
landscaping as well as for the maintenance of parks.
Mitigation Measure 5,10-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-4 At the time of tentative map approval, parkland dedication at a standard of 2.5
acres per 1,000 persons, or payment of in-lieu fees based upon current land
values, or combination thereof, shall be required to the satisfaction of the
Planning Commission.
Water Resources
5.10-5 Implementation of the proposed Project would not require the expansion of
existing water distribution or supply facilities within the project area. Less than
significant impact with incorporation of mitigation measures.
Facts Supportino Findino
Although water supply for the proposed Project site is expected to be sufficient,
additional infrastructure would be required to reach and distribute water to the Project
site. All water distribution infrastructures would be installed as part of the proposed
project as development progresses within the Project site. The Project applicant would
be required to pay all required fees for the connection and extension of water services
infrastructure to the Project site. The specifics of the funding and construction would be
detailed in a development agreement between the Project Applicant and the City.
Implementation of mitigation would reduce impacts to less than significant.
Mitigation Measure 5.10-5 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-5 Prior to recordation of a tentative tract map, the developer/owner shall record a
covenant for each lot in the subdivision that prohibits the export of groundwater
from the subdivision except by the water purveyor that is serving the subdivision.
Additionally, the developer/owner shall pay City fees for inspection of installation
of water facilities and City Water Availability Fees. Payment of fees shall be
made to the City on a pro-rata basis prior to final acceptance and recordation of ~"K~?>
each phase of the Project, based on the percentage of the gross acreag~ ~
contained in the particular phase to be accepted and recorded, as compared witl! m
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the total gross acreage within the entire Project. All water main, service
connections, and fire hydrants shall be installed by the developer and dedicated
to the City. Plans and specifications for such water mains and appurtenances
shall be prepared by and/or approval of plans for installation shall be by the City
of Bakersfield. All improvements must be installed or bonded for prior to the City
issuing a letter guaranteeing a water supply.
Solid Waste/Landfills
5.10-7 Implementation of the proposed Project would not result in increfJsed demand for
solid waste services. Short-term construction impacts resulting from construction
debris would increase solid waste on a temporary duration. With implementation
of applicable recycling programs, impacts would be reduced to less than
significant levels.
Facts Supportinc Findino
Implementation of the proposed Project has the potential to increase demand for solid
waste services. The Project would generate construction debris on a short-term,
temporary basis during construction. The Project also proposes a limited amount of
deconstruction to accommodate the proposed improvements, and the amount of
deconstruction materials and raw construction debris is not anticipated to be significant.
The County charges a fee of up to $36 per ton at landfills for disposal of construction
waste. Recycling of construction debris would reduce the potential amount of waste
disposed of at landfills in the County and contribute to the recycling goals set forth by the
City of Bakersfield and AB 939.
Waste from the Project site would be disposed of at either the Bena Landfill or the Taft
Landfill. The Sena Landfill has adequate capacity to serve the Project site; however,
waste from the Project site would exceed Taft Landfill's daily permitted tonnage. The
use of Taft Landfill would result in a significant impact. The KCWMD indicated that the
remaining capacity at the unlined Taft Landfill is limited because of permit requirements.
Additional waste being sent to Taft Landfill would result in more rapid investment in
landfill infrastructure (new liner construction), more frequent permitting for allowed daily
tonnage, and a significant reduction in the anticipated lifespan of the Taft Landfill.
Implementation of the required mitigation measures would reduce this potential impact to
less than significant levels.
Mitigation Measures 5.1o-7a through 5.1o-7c of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.10-7a During construction, the Contractor shall separate all Project construction
debris and construction-related debris into recyclable and nonrecyclable
items. All recyclable debris shall be transported to appropriate recycling
facilities so as to reduce waste disposed of at County landfills. Additionally,
recyclable materials and materials consistent with the waste-reducing goals
of the City shall be used in all aspects of construction, when possible.
5.10-7b Prior to development the Project applicant shall submit, for review, a
Construction and Demolition Recycling Plan to the KCWMD. The Recycling ~"K~
Plan shall include a plan to separate recyclablelreusable construction debris. ~ ~~
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The plan shall include the method the contractor will use to haul recyclable 0
materials and shall include the method and location of material disposal.
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5.10-7 c Prior to development the Project Applicant shall provide universal waste
collection to the Project site along with potential mandatory collection for
curbside recycling.
GEOLOGIC RESOURCES
Soils
5.11-1 Grading activities would be required to prepare the site for development,
subsequently resulting in the exposure of soils to short-term erosion by wind and ,
water. Implementation of required mitigation measures would reduce impacts to
less than significant levels.
Facts Supportino Findino
Grading operations and the resultant manufactured embankments could increase the
potential for erosion and siltation both during and after the construction phase of the
Project. To mitigate the potential effects of erosion on-site, temporary and permanent
erosion control measures would be required, such as the use of sandbags,
hydroseeding, landscaping, and/or soil stabilizers. The contractor would be required to
submit a Storm Water Pollution Prevention Plan (SWPPP), which includes erosion
control measures in order to comply with the National Pollutant Discharge Elimination
System (NPDES) requirements of the Federal Clean Water Act (CWA). Implementation
of appropriate grading measures and a SWPPP would reduce the potential impacts to
less than significant levels. Refer to Section 5.12, HYDROLOGY AND WATER
QUALITY, and Mitigation Measures 5.12-3a and 5.12-3b, for detailed discussion
regarding construction practices to protect the Kern River and other sensitive water
resources during temporary ground disturbance activities.
Mitigation Measures 5.11-1a and 5.11-1b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.11-1a Refer to Section 5.12, HYDROLOGY AND WATER QUALITY, regarding
soil erosion and water quality mitigation measures. No additional
mitigation measures are required.
5.11-1 b No mitigation measures beyond adherence to and compliance with goals
and polices for review and approval of all grading plans and earthwork
operation plans, as well as compliance with the Bakersfield Municipal
Code, the California Building Code, and the Uniform Building Code are
required.
Liquefaction
5.11-4
Implementation of the proposed Project may expose the proposed roadway
to substantial adverse effects associated with liquefaction. These impacts are
concluded as less than significant with implementation of the required
mitigation measures.
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Facts Supportina Findino
As indicated previously, the Project area is not within an area of high groundwater.
Areas of high groundwater are rare elsewhere in Metropolitan Bakersfield and not all soil
types are susceptible to liquefaction. However, additional information is necessary to
determine the geographic extent of high groundwater. Implementation of the proposed
Project would be in conformance with standard construction and design parameters set
forth in the UBC. A detailed geotechnical investigation conducted as part of the final
design process would reflect appropriate recommendations in the Project's grading and
design plans to mitigate potential liquefaction hazards. In addition, cpnformance with
applicable City criteria, as well as adherence to standard engineering practices, would
reduce the effects of liquefaction to less than significant levels.
Mitigation Measure 5.11-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.11-4
Prior to development, the Project Applicant shall conduct a detailed
liquefaction potential study as part of the design level geotechnical
investigation. Final grading and street design shall be based on detailed
geologic and geotechnical evaluations of existing site conditions combined
with a comprehensive assessment of final engineering plans by a
professional Registered Geologist. Prior to the approval of final project plans
and specifications, the City Engineer, or his designee, shall confirm that
recommended geotechnical recommendations have be incorporated into the
Project design to adequately mitigate the effects of liquefaction.
HYDROLOGY AND WATER QUALITY
Flood Hazards
5.12-1 Future development on-site would result in increased surface runoff and may
result in potential flooding impacts off-site. Analysis has concluded that, with
incorporation of drainage and hydrologic design measures, impacts associated
with increased runoff would be reduced to a less than significant level.
Facts Supportino Findino
The proposed Project site is relatively flat, with a low potential for runoff. According to
the Gosford, CA, USGS Topographic Map (Photorevised 1973), the Panama Slough is
present within the southwestern portion of the Project site. However, according to recent
aerial photographs and a site inspection, the Panama Slough is no longer present on-
site as the entire site is 'utilized for agricultural production. Therefore, flooding from the
Panama Slough is considered to be unlikely. Additionally, the topography of the Project
site would remain similar to the existing conditions during site grading and construction.
The development of residential units, landscaping, and roadways would alter the
drainage pattern within the Project site through the introduction of impervious surfaces.
Any water that is anticipated to drain off-site would be required by the City and County to
drain into a storm drain structure. The use of storm drain infrastructure reduces the
amount of surface runoff and would potentially reduce flooding impacts.
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Mitigation Measures 5,12-1a and 5.12-1b of the final EIR reduce impacts below a level of
significance. The measures are as follows:
I
5.12-1 a Prior to development the Applicant shall provide confirmation that
recommended design elements have been incorporated so that the
Project site would be adequately protected from the 100-year storm,
would not adversely impact downstream properties, and is designed in
conformance with applicable City requirements.
5.12-1 b Prior to development the Applicant shall provide the drainage system
design for future developments and all future roadways, which shall
include, but not be limited to the following requirements:
. Future on-site roadways shall be designed to accommodate
adequate flow capacity;
. Appropriate minimum stormdrain pipe size diameter shall be
specified by the City Engineer; and
. Stormdrain flow velocity limitations shall be speCified by the City
Engineer.
Water Quality
5.12-2 Implementation of grading, excavation and construction activities associated with
future developments could result in an increase in urban pollutant discharge
resulting in impacts to water quality. Impacts would be reduced to less than
significant levels with the incorporation of NPDES requirements.
With the future urban development of the site, the proposed Project would increase
urban pollutant discharge, especially during short-term construction phases. The
discharge of materials other than stormwater from a particular site is prohibited. With
urban development projects, the pollutants of concern include silt and sediment, oil and
grease, floatable trash, nutrients (including fertilizers), heavy metals, pathogens (such as
coliform bacteria), and other substances. Discharge of these substances, referred to as
"controlled pollutants", into waters of the United States is prohibited.
Mitigation Measures 5,12-3a through 5.12-3c of the final EIR reduce impacts below a level
of significance. The measures are as follows:
5.12-3a Prior to approval of individual development projects by the Director of
Public Works or his/her designee, The Project Applicant shall confirm that
the Project plans stipulate that prior to issuance of any grading permits,
the project applicant shall file a Notice of Intent (NOI) and pay the
appropriate fees, pursuant to the NPDES program.
5.12-3b Prior to development the Project contactors shall incorporate stormwater
pollution control measures into a SWPPP; BMPs shall be implemented;
evidence that proper clearances have been obtained through the
SWRCB, including coverage under the NPDES statewide General
Stormwater Permit for Construction Activities, must be demonstrated; and
a Standard Urban Storm Water Mitigation Plan (SUSMP) shall be ~"'Ks:
required as required in the NPDES permit for the area of the Project site ~ 'S>~
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draining to the Kern River.
5.12-3c Prior to development, the Project Applicants of future projects shall
prevent any off-site impacts during the construction phase. Erosion
control measures and temporary basins for desiltation and detention shall
be in place, as approved by the Director of Public Works. The basins and
erosion control measures shall be shown and specified on the grading
plans and shall be constructed to the satisfaction of the Director of Public
Works prior to the start of any other grading operations.
Cumulative Impacts
5.12-4
The proposed Project, in combination with other cumulative projects,
would result in increased degradation of surface water quality and
flooding impacts in the area. Compliance with Federal, State, and local
requirements on a project-by-project basis would reduce cumulative
impacts to a less than significant level.
Facts Supportina Findino
Cumulative effects related to hydrology resulting from implementation of the
proposed Project and development in the vicinity and surrounding areas may expose
more persons and property to potential water hazards. Cumulative development
may also adversely affect downstream water quality, impacting surface and
groundwater supplies. The potential cumulative impact is mitigated through required
drainage studies to identify potential impacts, relationship to City and County
drainage master plans, and implementation of appropriate on-site and off-site
drainage improvements. Projects are also required to implement NPDES and BMP
measures on a project basis to reduce potential water quality impacts. In addition,
projects may require drainage improvements to be in compliance with the
Metropolitan Bakersfield General Plan and Bakersfield Municipal Code standards in
addition to local and regional agency requirements, as part of the discretionary
review process. There are no cumulative impacts associated with the proposed
Project.
Mitigation Measure 5.12-4 of the final EIR reduces impacts below a level of
significance. The measure is as follows:
5.12-4
Prior to development the Project contactors of any future Project shall
obtain a SUSMP for the proposed Project, as required in the NPDES
permit for areas draining to the Kern River.
VIII. FINDING REGARDING INFEASIBILITY OF MITIGATION MEASURES FOR
SIGNIFICANT IMPACTS
The City of Bakersfield, having reviewed and considered the information contained in the Final
EIR, appendices to the Final EIR and the administrative record, finds, pursuant to Public
Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3) that (i), that specific
economic, legal, social, technological, or other considerations, make infeasible the mitigation
measures identified in the Final EIR and, therefore, the Project will cause signifi~K~~
unavoidable impacts in the category of Agriculture and Aesthetics, Light and Glare. Q ~
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AGRICUL TURE
Loss of Agricultural Land
5.2-1 Development of the proposed Project would convert prime farmland to non-
agricultural uses. The irreversible commitment of prime agricultural land to
nonagricultural uses is considered a significant and unavoidable project impact.
Facts Supportino Findino
The Metropolitan Bakersfield General Plan EIR indicates that forecast growth within the
City is anticipated to result in the direct removal of a substantial amount of prime
agricultural land from production. This direct conversion of farmland to nonagricultural ,
uses is anticipated to result in secondary impacts upon agricultural operations (e.g.,
restrictions and limitations such as noise attenuation standards, air pollution control
measures, and pesticide and fertilizer application practices) located at the proposed
urban-agricultural land use interface. Additionally, according to the Metropolitan
Bakersfield General Plan EIR, the Project site is located on land designated as prime
farmland and the conversion of prime agricultural land to urban uses would be
considered a significant and unavoidable impact because the proposed conversion
would be a substantial irretrievable commitment of a limited agricultural resource.
As mentioned above, the General Plan identifies goals and policies to provide for the
planned management, conservation, and wise utilization of agricultural land within the
Planning area. While these goals and policies can reduce significance of the impact of
converting prime farmland to nonagricultural uses, without a viable implementation
program or other regulatory mechanism in place, the impact on prime farmlands
continues to be significant and unavoidable.
Approximately 16.41 acres of the Project site are currently under a Williamson Act
contract (refer to Figure 3-6, WILLIAMSON ACT CONTRACTED LAND). A notice of
nonrenewal of the Williamson Act was recorded for the site on December 31, 2005. The
notice of non-renewal of the Williamson Act contract requires nine years to fully take
effect, therefore, Williamson Act contract for this parcel will expire on December 31,
2014. During these nine years, the assessed tax valuation increases each year
according to a specified formula until it is assessed at full market value. If the landowner
chooses to not wait the nine years, he will be required to pay a cancellation fee equal to
12.5 percent of the land's total fair market value. Another portion of the Project site was
previously under a Williamson Act contract, however, that contract expired on February
28, 1982.
According to Williamson Act law, cancellation of the Williamson Act is at the discretion of
the County, and the County is required to make specific findings prior to cancellation of a
Williamson Act contract. Government Code Section 51282 permits a County to
tentatively approve cancellation of a contract if the cancellation is consistent with the
purposes of the Williamson Act chapter or is in the public interest. The Metropolitan
Bakersfield General Plan requires decision makers to evaluate the following factors
when considering proposals to convert land designated R-IA or R-EA to non-agricultural
land use designations. The County will rely upon these factors to make their decision
regarding cancellation. x ~"'K~-9
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Soil Quality
The proposed Project site includes three types of soils that are classified as Class I and
II sOils3, thereby meeting the California Land Conservation act (G.C. ~ 51201) and
Metropolitan Bakersfield General Plan standards for prime farmland classification.
Approval and implementation of the land use amendment will result in the loss of
approximately 328 acres of soil capability Class I or II irrigated prime agricultural land.
A vailability of Irrigation Water
The Project site has a total of four active agricultural water wells and almost all of the
water from these wells is used for irrigation of the on-site crops. Two of these wells are
located at the Banducci property and two are on the Romero property. The Kern Delta
Water district provides water to the Sullivan, Romero, and Marshall properties. The
agricultural wells present within the Project site will be abandoned when the agricultural
production ceases in anticipation of the pending residential development.
Proximity to Non-Agricultural Uses
Substantial existing and planned urban development on properties to the north of the
Project site indicates that this site is within the logical path of development within the
City. Additionally, the South Beltway alignment is present to the south of the Project site
indicating further urbanization is expected in the vicinity and properties to the east and
south have already planned for urbanization. by filing a notice of non-renewal for their
Williamson Act Land Use contracts. The City of Bakersfield is also expanding Sewage
Treatment Plant #3 to accommodate the future need for public services due to
urbanization that will occur within the southwestem area.
The City of Bakersfield Sphere of Influence line runs along the southern boundary of the
proposed Project site, creating a boundary for further development south of the Project
site. Once the alignment of the future South Beltway is defined, it will possibly contribute
to minimize any impacts of residential uses on farmers south of the South Beltway.
Proximity to Intensive Parcelization
Although nearby agricultural lands are currently under production, existing land use
designations, planned residential development projects, the location of the City of
Bakersfield Sphere of Influence boundary, expansion of the City of Bakersfield Sewage
Treatment Plant #3, and the South Beltway Alignment are evidence that urbanization is
already planned for the area surrounding the Project site. Additionally, some of the
properties to the east and south of the Project site have filed notices of non-renewal for
their Williamson Act Land Use contracts. The Project site will be significantly.impacted
by the close proximity of urbanized areas. Farming practices will be more restricted as
to the manner of application and type of herbicides and pesticides that can be utilized in
the vicinity of these urbanized areas. The Project site, as well as other properties in the
area, is the next logical step for urbanization in the area due to pending and planned
development near the property and their significant impacts to the crop production.
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BAKERSfIELD
Effects on Properties Subject to Williamson Act Land Use Contracts
One parcel within the Sullivan property (16.41 acres) of the Project site is. under a
Williamson Act Land Use contract. However, a notice of non-renewal was filed with
Kern County on December 31, 2005. The contract expires on December 31, 2014. The
Project site is within Agricultural Preserves 10 and 11 (Kern County Agricultural
Preserve Map 142). An Agricultural Preserve Exclusion and Williamson Act Cancellation
will be necessary for development of the proposed Project. The existing and proposed I
land uses surrounding the Project site demonstrate that the Project is located within the
logical path of urban development.
Ability to Be Provided With Urban Services
The subject property is close to existing residential development within the City limits.
Upon annexation, the City will provide water for the proposed development. The City's
Wastewater Treatment Plant #3 in order to accommodate the need for publiC services
due to future urbanization that will take place in Project vicinity. In addition, the South
Beltway proposed alignment indicates that further urbanization is expected for the
proposed Project area. Therefore, the conversion of the Project site to urbanization is
appropriate for the area, as it has the ability to be provided with urban services.
Ability to Affect the Application of Agricultural Chemicals on Nearby Agricultural
Properties
Urban encroachment impacts adjacent agricultural lands as conflicts arise from the
infringement of the new residential users, which include people and animals. The level
of significance of any impact on local growers resulting from development of the
proposed Project is considered minimal due to restrictions and limitations that will
inevitably be placed on the growers within the proximity of pending and planned urban
developments.
In an attempt to reduce complaints and unwarranted investigations undertaken by the
Kern County Department of Agriculture, the following disclosure is suggested to be
provided as part of the transfer of properties:
If your real property is adjacent to property used for agricultural
operations, you may be subject to inconveniences or discomforts arising
from such operations on any 24-hour basis. Said discomforts may
include, but shall not be limited to equipment noise, odors from manure
and other chemicals, and dust or smoke. It has been determined that in
Kern County the use of real properly for agricultural operation is a high
priority and a favored use to the County and will not be considered a
nuisance for those inconveniences or discomforts arising from agricultural
operations if such operations are consistent with accepted customs,
standards, and laws.
Ability to Create a Precedent-Setting Situation that Leads to the Premature Conversion
of Prime Agricultural Lands
The proposed Project's impact on premature conversion of prime agricultural land~<<i~fo.K~..s>cP
considered minimal due to the restrictions and limitations that will be eventuall~e ~
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placed on the current property owners and farmers within the vicinity of future urban
development. There are 15 General Plan Amendment and Zone Ohange applications,
23 development projects, 46 tracts, and 10 parcel maps within a five-mile radius of the
Project site. The conversion of this property from agricultural use to residential use is not
expected to create cumulative or growth-inducing impacts to other nearby farmlands.
Demonstrated Project Need
Existing and planned urban development on properties north of the proposed Project site
indicates that this site is within the logical path of development for the Ci,ty of Bakersfield.
The Metropolitan Bakersfield General Plan encourages the orderly outward expansion of
new urban development that maintains continuity of existing development and allows
incremental expansion of infrastructure and public services. The proposed Project
complies with the Metropolitan Bakersfield General Plan's criteria.
Necessity of Buffers Such as Lower Densities, Setbacks, Etc.
If residential developments do not include buffer zones in their design, adjacent to
agricultural fields (including organic farmers), growers must sometimes allocate a portion
of their land to the creation of a buffer zone, which would represent a loss to the farmer
of both crop production and income. The future development of the Project site is not
proposing the creation of a buffer zone, however, the City's Zoning and Subdivision
Ordinances will guarantee that adequate buffers be provided to avoid conflict between
agricultural and residential uses.
The analysis and findings provided above conclude that the conversion of the Project
site to nonagricultural use would be a significant environmental effect based on the
Department of Conservation's LESA conversion model; refer to Impact Discussion 5.2-1,
above. The Project, however, is consistent with the General Plan, and meets the test for
cancellation of the Williamson Act contracts prior to their expiration in 2010. The
proposed Project therefore is suitable for the conversion as proposed.
Cumulative Impacts
5.2-4 Development of the proposed Project, as well as the buildout in accordance with
the City's General Plan, would result in the cumulative loss of farmland.
Implementation of the proposed Project would result in significant and
unavoidable cumulative impacts on agricultural resources.
Facts Supportino Findino
According to the Metropolitan Bakersfield General Plan EIR, the conversion of
agricultural land to other uses due to development in and around Bakersfield is
considered a significant and unavoidable cumulative impact. The forecast growth in
Metropolitan Bakersfield is anticipated to occur at the urban fringes of the City and will
result in the direct removal of a substantial amount of prime agricultural land from
production. Although the General Plan has various Land Use policies that direct
development to encourage site compatibility with surrounding uses, the cumulative loss
of prime agricultural land results in a significant and unavoidable impact.
IN 10-104412
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GPAlZC No. 05-0519
BAKERSFIELD
The Metropolitan Bakersfield General Plan EIR also' acknowledges that some of the
Williamson Act contracted lands within the Metropolitan Bakersfield Planning area will be
lost to future development. The Farmland Conversion Study concluded ,that the
proposed Project would not result in pressures to develop neighboring Williamson Act
lands and is considered appropriate for the conversion as proposed. Given the site's
location within the City's SOl (which is considered the ultimate urban boundary for
buildout of the City), the proposed Project would not result in greater impacts on
Williamson Act lands than previously identified in the Metropolitan Bakersfield General'
Plan E1R. Notwithstanding this conclusion, Project implementation, when combined with
the potential loss of other contracted lands within the Planning area, over time, would
remain a significant and unavoidable impact.
AESTHETICS, LIGHT, AND GLARE
Cumulative Impacts
5.4-4 Project development, together with cumulative projects, may result in greater
urbanization and the loss of views in undeveloped areas of the southwestern
portion of the City of Bakersfield. Unavoidable Significant Impact. The
Metropolitan Bakersfield General Plan EIR identified a significant and
unavoidable adverse aesthetic impacts, with buildout of the General Plan.
Facts Supportino Findino
Construction of currently approved and pending projects in the Project vicinity would
permanently alter the nature and appearance of the area through loss of agricultural and
open space areas. As development occurs throughout the Project area, residents and
visitors in the area would notice the visual effects of urbanization. The significance of
these visual and aesthetic changes is difficult to determine, because aesthetic value is
subjective and potential impacts are site-specific. Security and street lighting would
introduce light and glare potential to the area. Impacts are typically mitigated separately
for each project. Cumulative impacts can be mitigated to less than significant levels with
use of building materials that are consistent with the general character of the area,
landscaping design, and proper lighting techniques to direct light on-site and away from
adjacent properties.
Pages 5.3 and 5.4 of the Metropolitan Bakersfield General Plan EIR state that
development in accordance with the General Plan would convert existing open space to
urban uses, resulting in the incremental loss of open space within Bakersfield. This
conversion was considered an unavoidable adverse impact, for which a statement of
overriding considerations was adopted. The agricultural land use designation contained
on the Project site was in effect at the time the General Plan EIR was certified. The
Project proposes an amendment to the General Plan to allow development of urban
uses on the Project site. As such, the Project, together with cumulative development in
western Bakersfield, would exceed the General Plan EIR assumptions and conclusions
and would contribute additional impacts not previously anticipated in the General Plan
EIR. This exceedance constitutes a significant and unavoidable cumulative impact
related to aesthetics, light, and glare.
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CITY OF BAKERSFIELD
AShe No.4 Annexation
GPAlZC No. 05-0519
BAKERSFIELD
IX. FINDING REGARDING ALTERNATIVES
The City of Bakersfield, having reviewed and considered the information contained in the Final
EIR, appendices to the Final EIR and the administrative record, finds, pursuant to Public
Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3) that (i) the Final EIR
considers a reasonable range of project alternatives and mitigation measures and (ii) specific
economic, location andlor other considerations make infeasible the alternatives as follows:
Potential Alternative Locations
As part of the EIR preparation, the City evaluated three potential alternative site
locations as shown on Figure 7-1 , ALTERNATIVE PROJECT SITE LOCATIONS.
. Alternative Site Location 1. The southern half of Section 3, located adjacent to
the south of the eastern portion of the Project site, northwest of the intersection
of Stine Road and Engle Road.
. Alternative Site Location 2. All of Section 5, except northwest corner. This site is
located northwest of the intersection of Gosford Road and Romero Road.
. Alternative Site Location 3. Section 2, except the eastern portion. This site is
located northeast of the intersection of Romero Road and Stine Road.
In general, any development of the size and type proposed by the Project in the City's
southwest Planning Area would have substantially the same impacts on aesthetics, air
quality, land use/planning, noise, population/housing, hydrology/water quality, geology
and soils, publiC services, recreation, transportation/traffic and utilitieslservice systems.
Without a site-specific analysis, impacts on biological resources, cultural resources,
hazard and hazardous materials, and mineral resources cannot accurately be evaluated.
The development of an "Alternative Site" alternative would result in similar environmental
impacts and the need for similar mitigation measures as the proposed Project. No
environmental benefit would result in the development of an alternative site,
consequently an "Alternative Site" alternative is not included as part of the alternatives
analysis.
"Smart Growth" Alternative
At the request of the Sierra Club during the Notice of Preparation (NOP) review period
the EIR evaluated a "Smart Growth" Alternative. The City of Bakersfield encourages
implementation of design elements that embody general characteristics of "Smart Growth"
developments such as bikeway connectivity, walkability, and access to public
transportation. Energy efficient design/construction components would be left to the
discretion of the individual builders. Ultimate identification and implementation of
policies and designs that reflect "Smart Growth" attributes would be determined by the
Project Applicant (or individual builder), in consultation with City staff during the tentative
tract phase once specific site concepts are developed at a sufficient detail to allow for
thoughtful consideration,
A "Smart Growth" Alternative would not avoid or substantially lessen any of the
significant effects of the proposed Project (Le., long-term aesthetic impact and the fl.K
irretrievable commitment of prime agricultural land to urban uses). Therefore, a "Sma~ ~ ~1><p
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Ashe No.4 Annexation
GPAlZC No. 05-0519
BAKERS,FIELD
Growth" alternative is not considered further as part of this EIR and alternatives analysis. It
should be noted that withdrawal of the "Smart Growth" Alternative at this juncture does
not preclude the ultimate incorporation of Smart Growth principles as part of futu.re on-site
development.
The following four alternatives have been determined to represent a reasonable range of
alternatives which have the potential to feasibly attain most of the basic objectives of the Project
but which may avoid or substantially lessen any of the significant impacts of the proposed I
Project.
No Project Alternative
The No Project Alternative undertakes no residential, commercial, or industrial,
improvements within the Project site. This Alternative serves as the baseline against
which to evaluate the effects of the proposed Project and other project Alternatives. The
No Project Alternative would produce no immediate environmental impacts;
consequently, no mitigation would be required.
The No Project Alternative would not result in any of the environmental impacts
associated with the construction and development of the proposed Project. This
Alternative would avoid potential impacts resulting from alteration of the Project site's
physical characteristics and construction of residential uses and impervious surfaces.
Maintaining the Project site in its existing condition would also eliminate potential
impacts to agriculture, public health and safety, aesthetics, traffic and circulation, noise,
air quality, biological resources, any unknown cultural resources, and public services
and utilities.
Implementation of the No Project Alternative would avoid the environmental impacts
identified for the proposed Project, however, this Alternative would not preclude the
potential for development of the Project site at some future date. The development of
this site and the surrounding areas has been envisioned in local and regional planning
documents. Given the level of existing and planned development in southwest
Bakersfield, it may be anticipated that the development of the Project site would be
proposed for construction at a future date.
The No Project Alternative was rejected as not being environmentally superior to the
proposed Project. The No Project Alternative does not meet the Project objectives. This
Alternative would also be inconsistent with the General Plans for the City of Bakersfield
and County of Kern.
"No Project/Development in Accordance with Existing General Plan Designation"
Alternative
Under the "No Project/Development in Accordance with Existing General Plan
Designation" Alternative, the Project site would be developed to the maximum intensity
allowed under the existing General Plan land use designation and the Project site would
not be annexed into the City of Bakersfield corporate boundaries. Implementation of this
Alternative would consist of development on the 466.84-acre Project site under the
current land use designation of R-IA (Intensive Agriculture, Minimum 20-Acre Parcel
Size) and RR (Rural Residential). The R-IA designation allows the development of
dwelling units at a density of one unit per 20 acres and the RR designation allows for x ~AK~~
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Ashe No.4 Annexation
GP AJZC No. 05-0519
BAKERSFIELD
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one~l!nlt per 2.5 acres (yielding 26.8 single-family dwelling units), and would allow
continued agricultural production on the remaining acreage of the 20-acre parcels.
This Alternative, when compared to the proposed Project, would not require a General
Plan Amendment or zone change. This Alternative would be consistent with land uses
identified in the General Plan and Zoning Ordinance, and would not modify the existing
City corporate boundaries. Implementation of this Alternative would substantially reduce
the number of dwelling units; therefore, this Alternative would lessen impacts associated
with aesthetics, agriculture, biological resources, land use and relevant planning, noise,
public services and utilities, and traffic and circulation by approximately 99 percent.
The "No Project/Development in Accordance with Existing General Plan Designation"
Alternative does not meet the Project objectives for construction of approximately 2,000
dwelling units at an average density of five units per acre. Although implementation of
this Alternative would be consistent with the existing General Plan land use designation
and zoning for the Project site, not all of the stated Project objectives would be satisfied.
This Alternative would not be sufficient to create a residential development adequate to
sustain future growth projections within southwestern Bakersfield. This Alternative
would not meet the Project objectives.
"Reduced Density" Alternative
Under the "Reduced Density" Alternative, the Project site would be developed under the
Estate Residential (Minimum 1 Net Acre/Unit) land use designation. This density would
allow development of one dwelling unit per acre, for a total of 466.84 single-family
dwelling units. Additionally, under this Alternative, the Project site would be annexed into
the corporate boundaries of the City of Bakersfield and require a GPA and zone change.
This Alternative would lessen impacts associated with aesthetics, air quality, land use
and relevant planning, noise, public services and utilities, and traffic and circulation by
approximately 80 percent. However, because of the significant reduction in residential
units, the "Reduced Density" Alternative would only partially meet the Project objectives.
Thus, this Alternative was rejected.
"Increased Density" Alternative
Under the "Increased Density" Alternative, the Project site would be developed under
both the Low Density Residential (LR) Land Use Designation and the High Medium
Density Residential (HMR) Residential land use designation. The LR designation allows
for the development of 7.26 dwelling units per net acre and the HMR Residential
designation would allow for the development of between 7.26 and 17.42 dwelling units
per net acre. These land use designations provide for the development of single-family
residential units and large multiple-family structures (apartments, apartment hotels, and
condominiums). For the purposes of this analysis, it is assumed the Project site would
be split into 150 acres of LR and 200.13 acres of HMR. The total gross acreage of the
Project site must be reduced by approximately 25 percent to account for roads, sumps,
and other public improvements and utilities in order to approximate net acreage.
Additionally, this analysis assumes the highest density allowed by the land use
designations and therefore would result in the development of 4,575 units (1,089 at 7.26
units/net acre and 3,486 units at 17.42 units/net acre).
JN 10-104412
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Ashe No.4 Annexation
GPAlZC No. 05-0519
BAKERSFIELD
The "Increased Density" Alternative would not result in a decrease in environmental
impacts. However, this Alternative would meet the objectives of the proposed Project.
Since the "Increased Density" Alternative would result in similar impacts or increase the
level of impacts to all environmental categories discussed above. Therefore, the
"Increased Density" Alternative is inferior to the proposed Project and is thus rejected
from further consideration.
"Alternative Site" Alternative
To respond to the criteria for lessening the effects in comparison to those of the Project,
three nearby sites have been identified. The sites would be consistent with the Project
objectives and with the Metropolitan Bakersfield General Plan goals and pOlicies for
efficient and orderly development. As shown on Figure 7-1 ALTERNATIVE PROJECT,
SITE LOCATIONS, these sites are:
· Alternative Site Location 1. The northern half of Section 27, located southwest of
the Stine Road and Panama Road intersection.
. Alternative Site Location 2. The northern half of Section 28, south of Panama
Road, between Gosford Road and Ashe Road.
. Alternative Site Location 3. The western half of Section 20, southeast of the
intersection of Pacheco Road and Old River Road.
Based on the above criteria, there are no contiguous parcels within the site vicinity of
equal or greater size suitable for the proposed Project. Residential and commercial
development has occurred in areas adjacent to the Project site. Additionally, several
tentative tract maps (TTMs) have been submitted to the City of Bakersfield for parcels
adjacent to existing residential and commercial development. Specifically, Area 1 is
within TTM 6351; the owner of Area 2 plans to develop the property; and Area 3 is within
TTMs 6469, 6467, and 6329.
Development of the Project site would follow the natural progression of development
within the southwestern area of Bakersfield's Sphere of Influence. Development of the
portion of the site not under the Williamson Act Contract would lead to a less-contiguous
portion of development because the parcels under the Williamson Act are in the northern
portion of the Project site, adjacent to Panama Lane.
Environmentally Superior Alternative
The purpose of the Alternatives evaluation is to develop Project Alternatives that reduce
or eliminate significant impacts. CEQA Section 15126(d)(2) indicates that, if the "No
Project/No Development" Alternative is the "Environmentally Superior" Alternative, then
the EIR shall also identify an Environmentally Superior Alternative among the other
Alternatives in this case. The "No Project/No Development" Alternative (Existing
Conditions) is the environmentally superior Alternative, as it would not result in
environmental impacts associated with construction. However, the "No Project/No
Development" Alternative would not satisfy the Project's objectives.
The "Development in Accordance with Existing General Plan Designation" Alternative
would result in reduced or equivalent environmental impacts when compared to the ~ ~AK~1>.
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AShe No.4 Annexation
GPAlZC No. 05-0519
BAKERSFIELD
I
proposed Project, while meeting the Project objectives to some degree. Although the site
would result in minimal environmental impacts, this Alternative would not fulfill the City's
objectives, as there would be no commercial or light industrial uses within the Project
site and the yield of residential dwelling units would be greatly reduced.
The "Alternative Site" Alternative would create impacts similar to those of the proposed
Project. Although most of the City's objectives would be achieved, the three Alternative
sites are not available for acquisition or development because of existing TTMs and
plans for the sites. The "Estate/Residential Density" Alternative would have similar
adverse impacts on agriculture; publiC health and safety; aesthetics~ light and glare; and
cultural resources. However, this Alternative would have lesser impacts on land use,
traffic and circulation, noise, air quality, biological resources, and public services and
utilities would be reduced, while meeting the proposed Project's objectives to some
degree.
Based on the reasons stated above, the proposed Project is the environmentally
superior Alternative because no other Alternative feasibly achieves the objectives of the
Project and avoids the potentially significant impacts of the Project.
JN 10-104412
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Exhibit 0
Statement of Overriding Considerations
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ORIGINAL
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CITY OF BAKERSFIELD
Ashe No.4 Annexation
GPAlZC No. 05-0519
BA.1Cl!RSFIBLD
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Section 15093 of the CEQA Guidelines, decision-makers are required to balance
the benefits of a project against its unavoidable environmental risks in determining whether to
approve a project. In the event the benefits of a project outweigh the unavoidable adverse
effects, the adverse environmental effects may be considered "acceptable". The CEQA
Guidelines require that, when a public agency allows for the occurrence of significant effects
which are identified in the Final EIR but are not at least substantially mitigated, the agency shall
state in writing the speCific reasons the action was supported. Any statement of overriding
considerations should be included in the record of project approval and should be mentioned in
the Notice of Determination.
To the extent the significant effects of the project are not avoided or substantially lessened to a
level of insignificance, the City of Bakersfield, having reviewed and considered the information
contained in the Final Environmental Impact Report for the project, and having reviewed and
considered the information contained in the public record, and having balanced the benefits of
the project against the unavoidable effects which remain, finds that such unmitigated effects to
be acceptable in consideration of the following overriding considerations discussion.
The City finds that all feasible mitigation measures have been imposed to lessen project
impacts to less than significant, and furthermore, that alternatives to the project are infeasible
because they have greater environmental impacts, do not provide the benefits of the project, or
are otherwise socially or economically infeasible as fully described in the project findings.
The environmental analysis undertaken for the Ashe No. 4 Annexation Project indicated the
Project would result in contributions to agricultural (loss of agricultural land, conversion of land
under Williamson Act Contract, and cumulative) and aesthetic (cumulative) impacts that would
represent a significant adverse environmental effect on a project basis.
The City of Bakersfield, as Lead Agency and decision-maker for the project, has reviewed and
considered the information contained in both the Draft and Final EIRs prepared for Ashe No. 4
Annexation Project and the public record. The project benefits include the following:
. Develop approximately 2,000 single-family dwelling units with a variety of lot
sizes and home sizes;
. Provide residential housing for a range of home-buyers;
. Provide various parks, pedestrian systems, and other neighborhood
amenities for future residents;
. Provide landscaping along Taft Highway, Ashe Road, and Engle Road that
will benefit the community, make the roads safer for vehicles and
pedestrians, and satisfy the circulation element of the Metropolitan
Bakersfield General Plan; and
. Build a safe, desirable community that meets the needs and desires of the
City and the people of Bakersfield.
IN 10-104412
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CITY OF BAKERSFIELD
Ashe No.4 Annexation
GPAlZC No. 05-0519
BAKERSFIELD
The Lead Agency makes the following finding, pursuant to Section 15093 of the CEQA
Guidelines, with regard to the Statement of Overriding Considerations for the Ashe No. 4
Annexation Project:
California Administrative Code, Title 14, Section 15093(a) states: "If the benefds
of a proposed project outweigh the unavoidable adverse environmental effects,
the adverse environmental effects may be considered 'acceptable'." Based on
the above discussion and on the evidence presented, the City of Bakersfield
therefore finds that the benefds of the proposed project outweigh the adverse
agricultural (loss of agricultural land, conversion of land under Williamson Act
contract, and cumulative) and aesthetic, light, and glare (cumulative) impacts
associated with Ashe No. 4 Annexation Project, which cannot be eliminated or
reduced to a level less than significant.
IN 10-104412
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