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HomeMy WebLinkAboutORD NO 4376 ORDINANCE NO. " 3'18 AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY TO BE ANNEXED INTO THE CITY OF BAKERSFIELD GENERALLY BOUNDED BY TAFT HIGHWAY (STATE ROUTE 119) TO THE NORTH, STINE ROAD TO THE EAST, ENGLE ROAD TO THE SOUTH, AND RELIANCE DRIVE (FUTURE) TO THE WEST FROM A (AGRICULTURE ZONE) TO R-1 (ONE-FAMILY DWELLING ZONE) ON 275.25 ACRES, A TO R-1/PUD (ONE-FAMILY DWELLING ZONE/PLANNED UNIT DEVELOPMENT ZONE) ON 181.81 ACRES, AND R-S-20A (RESIDENTIAL SUBURBAN 20-ACRE MINIMUM LOT SIZE ZONE) TO R-1 ON 9.78 ACRES (ZONE CHANGE NO. 05-0519). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a publiC hearing on a petition to change the land use zoning of that certain property to be annexed into the City of Bakersfield 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); and WHEREAS, by Resolution No. 125-06 on June 15, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-0519 as delineated on attached Zoning Maps 142-03 and 142- 04 marked Exhibit "A" by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact regarding the environmental impacts of the proposal and changing the zoning of the property from A (Agriculture) to R-1 (One-Family Dwelling Zone) on 275.25 acres, A to R-1/PUD (One-Family Dwelling Zone/Planned Unit Development Zone) on 181.81 acres, and R-S-20A (Residential Suburban 20-Acre Minimum Lot Size Zone) to R-1 on 9.78 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and, therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 125-06, adopted on June 15, 2006: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. An ~ 'OAK~1> Environmental Impact Report was prepared and sent to responsible agencies ~ .. <; t:: ~ c.:>ORIGIN.f> and property owners within 300 feet of the project site. An Environmental Impact Report was prepared for this project in accordance with CEQA 4. Attached Exhibit "0" containing the "Statement of Facts, Findings, and Mitigation Measures" is appropriate and incorporated into the project. 5. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. 6. The public necessity, general welfare and good zoning practice justify the recommended change of zone from A (Agriculture) to R-1 (One-Family Dwelling Zone) on 275.25 acres, A to R-1/PUD (One-Family Dwelling Zone/Planned Unit Development Zone) on 181.81 acres, and R-S-20A (Residential Suburban 20- Acre Minimum Lot Size Zone) to R-1 on 9.78 acres generally bounded by Taft Highway (State Route 119) to the north, Stine Road to the east, Engle Road to the south, and Reliance Drive (future) to the west as shown on Exhibit "A" 7. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 05- 0519. 8. The laws and regulations relating to the preparation and adoption of EIR's as set forth in CEQA, the State CECA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 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. The proposed project is consistent with surrounding uses. 4. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the zoning of that certain property to be annexed into the City of Bakersfield, the boundaries of which property are shown on Zoning Maps 142-03 and 142-04 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 5. Such zone change is hereby made subject to the "Mitigation Monitoring and Reporting Program" adopted in the Final Environmental Impact Report as shown in Exhibit "F" and "Mitigation/Conditions of Approval" for the project as shown in Exhibit "C", subject to approval of GPA No. 05-0519. 6. Attached Exhibit "0" containing the "Statement of Facts, Findings, and Mitigation Measures" are appropriate and incorporated into the project. 2 ~ 'OAI(~~ o cp ;:... -1\ ~ ;;; - t- o OAlt'4INA[> 7. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related to significant unavoidable agriculture and aesthetics impacts are appropriate and incorporated into the project. 8. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CECA) 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. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------()()()--------- 3 x 'OAK~1! o ~ ;:... '.' ill ~ f)p!lI~INAf I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on SEP 1 3 200S by the following vote: ~ ABSTAIN: ABSENT: V' ....- ~ .............. &.-- _____ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio CI Council of the City of Bakersfield APPROVED SEP 13 2006 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~ fit, ~ EXHIBIT A Zoning Maps 142-03 and 142-04 B Zone Change Legal Description C Mitigation/Conditions of Approval D Statement of Facts, Findings, and Mitigation Measures E Statement of Overriding Considerations F Mitigation Monitoring and Reporting Program PH - S:\GPA 2nd 2006\05-0519 Ashe NO.4 EIR\Resolutions\CC ZC.doc 4 x ~AI{S'?! o ~ ;:... - I- m - r- o t> IjRI~lNAL Exhibit A Zoning Maps 142-03 and 142-04 X fQAK~~ ~ .. ~ l- iii - t- o ()AI~IN"P I jj- I M'" :. ~: i I o~ Ii JIll ! I ! 'II: i N If I I J ! I I i I J . ~ I .- - IlrllU;i !i!ifl'l II 'I 11111: , 00. . fl ~ a de:(= IlliJlii~:i:iillll:I'1 111'11!:,jll~: , j2: . . :z III i' , Hi!I:t~'I.! I ~li h ,.,i ~ ! II:!!! 's :l( ~C) j iv w.IJ.!~f!l!iij'fil~Jilijlf'lifiIJ':rj z u~. I. ~zs ir I~~ c.:> >-0 . LIJ I : ~~ ~f . . J I ..- 5N~ ~Ij. ....lit ,.--... ., ,. ;lz._....,"'_.. IV .' ... ... .... · . ~.~~~~~.ilr4...a .8=~~.~1 ZONE CHANGE 05-0519 " .,,, ""'" HI + C 0;:) I-Q: { c(";" a::: J .- . a::: e < II( ~ ~ < -..., : l______ .. .! .- I a::: e II( I ... . a::: ~ II( .f ,. .,'1 .. .., I . .; I r I I ! + ZONING MAP 142.03 AK~~ () (fl .)... " ~ I- m - t- o ORIGINAf> ~..; o~ ,It N ~ - 90..,; I "'<(- - cot B:t t-: t I iC) !iJ": ~~ 51 f )o~ ~ I! AO 5N Bl ~ I ~B of I j- I I, Sl = ! ; . U II ~ I II ! It " 3 ~ I I I I I IdllUji!i1dl'l I! 'I 11111: ~. IIIdlhH~:i:I!I'I:IJIIIJ'III!!;i1UII :z 1.15ft"_._l ! ~~ Is I II' I !S is:lI' ::,) ihU.hHHifUhihtdillUII J:n g ?~ ~, .. d I ,. ~.. .. .... 1"..... ... ., ... ....... u .~ _ 4IIlI . . . " ..... ~ ........,. ..... ... ... .... · . &luuvu~..I'..~3 .t....~1 ZONE CHANGE 05-0519 " . ~r1 "." .., I ---..,---- ~ I S J I : - I a:: ~ .c ! Q :;) a.. - - I a:: ~ .c ---------- I ! I ---------, <( I i : I ------___J t. ,. . '" h" .., I l I '- j Q :>> 9: - I a:: ~ .c t ~ t . l! J +- I J I j K~1> ~ >- ,. - m t::. l- t:) ORIGINAE' ZONING MAPJ42-04 Exhibit B Zone Change Legal Description ~ ~A~~ o ~ >- '.' - t- m - t- o ORIGINAt> / PROPOSED ZONE CHANGE LEGAL DESCRIPTIONS PROPOSED R-1 rFROM R-5-20Al BEING A PORTION OF SECTION 3, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, SAID POINT ALSO BEING ON THE CENTERLINE INTERSECTION OF TAFT HIGHWAY (STATE ROUTE VI-KER-119) AND ASHE ROAD (COUNTY ROAD NO. 199); THENCE SOUTH 00045'42" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 1294.81 FEET TO A POINT ON THE SOUTHERLY LINE OF LOTS 2 THROUGH 8 OF KERN COUNTY SALES MAP NO.2 OF LANDS OF J. B. HAGGIN FILED ON MAY 24, 1889, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE DEPARTING SAID WEST LINE AND SAID CENTERLINE, SOUTH 89010'22" EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 2972.74 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF LOT 4 OF SAID SALES MAP AND THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FOUR (4) COURSES: 1) NORTH 00045'43" EAST, ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 4, A DISTANCE OF 1289.78 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 4, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID SECTION 3 AND THE CENTERLINE OF SAID TAFT HIGHWAY; THENCE 2) SOUTH 89004'33" EAST, ALONG SAID NORTH LINE AND SAID CENTERLINE, A DISTANCE OF 330.32 FEET TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE 3) SOUTH 00045'45" WEST, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 1289.22 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4; THENCE 4) NORTH 89010'22" WEST, ALONG THE SOUTH LINE OF SAID LOT 4, A DISTANCE OF 330.30 FEET TO THE POINT OF BEGINNING. CONTAINING 9.78 ACRES, MORE OR LESS. PROPOSED R-1/PUD rFROM Al (31.70 ACRES) BEING A PORTION OF SECTION 3, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, SAID POINT ALSO BEING ON THE CENTERLINE INTERSECTION OF TAFT HIGHWAY (STATE ROUTE VI-KER-119) AND ASHE ROAD (COUNTY ROAD NO. 199); THENCE SOUTH 00045'42" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 1294.81 FEET TO A POINT ON THE SOUTHERLY LINE OF LOTS 2 THROUGH 8 OF KERN COUNTY SALES MAP NO.2 OF LANDS OF J. B. HAGGIN FILED ON MAY 24, 1889, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE DEPARTING SAID WEST LINE AND SAID CENTERLINE, SOUTH 89010'22" EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 4244.81 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FOUR (4) COURSES: 1) SOUTH 89010'22" EAST, CONTINUING ALONG SAID SOUTHERLY LINE, A DISTANCE OF 1040.03 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF SAID KERN COUNTY SALES MAP, SAID POINT ALSO BEING ON THE EAST LINE OF SAID SECTION 3 AND ALSO BEING ON THE CENTERLINE OF STINE ROAD (COUNTY ROAD NO. 205); K THENCE . \ ~ <oA ~,,<; o ~ >- - . P:\PROJECTS\04147\LEGALS\04147ZCOl_REV.DOCS/3112006 BDMlGC/JLM t: f!! 10 (:) (,)Rlr\lNAL PROPOSED ZONE CHANGE LEGAL DESCRIPTIONS (CONTINUED) 2) SOUTH 00045'50" WEST, ALONG SAID EAST LINE AND SAID CENTERLINE, A DISTANCE OF 1327.67 FEET TO THE CENTERLINE INTERSECTION OF CURNOW ROAD AND SAID STINE ROAD; THENCE 3) DEPARTING THE EAST LINE OF SAID SECTION 3, NORTH 89010'24" WEST, ALONG THE CENTERLINE LINE OF CURNOW ROAD, A DISTANCE OF 1040.00 FEET; THENCE 4) DEPARTING SAID CENTERLINE, NORTH 00045'44" EAST, A DISTANCE OF 1327.68 FEET TO THE POINT OF BEGINNING. CONTAINING 31.70 ACRES, MORE OR LESS. PROPOSED R-1 [FROM Al (48.84 ACRES) BEING A PORTION OF SECTION 3, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, SAID POINT ALSO BEING ON THE CENTERLINE INTERSECTION OF TAFT HIGHWAY (STATE ROUTE VI-KER-119) AND ASHE ROAD (COUNTY ROAD NO. 199); THENCE SOUTH 00045'42" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 1294.81 FEET TO A POINT ON THE SOUTHERLY LINE OF LOTS 2 THROUGH 8 OF KERN COUNTY SALES MAP NO.2 OF LANDS OF J. B. HAGGIN FILED ON MAY 24, 1889, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE DEPARTING SAID WEST LINE AND SAID CENTERLINE, SOUTH 89010'22" EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 2642.43 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FOUR (4) COURSES: 1) SOUTH 89010'22" EAST, CONTINUING ALONG SAID SOUTHERLY LINE, A DISTANCE OF 1602.37 FEET; THENCE 2) DEPARTING SAID SOUTHERLY LINE, SOUTH 00045'44" WEST, A DISTANCE OF 1327.68 FEET TO A POINT ON THE CENTERLINE OF CURNOW ROAD; THENCE 3) NORTH 89010'24" WEST, ALONG SAID CENTERLINE LINE OF CURNOW ROAD, A DISTANCE' OF 1602.37 FEET; THENCE 4) DEPARTING SAID CENTERLINE, NORTH 00045'44" EAST, A DISTANCE OF 1327.69 FEET; THENCE TO THE POINT OF BEGINNING. CONTAINING 48.84 ACRES, MORE OR LESS. PROPOSED R-1/PUD fFROM Al (44.01 ACRES) BEING A PORTION OF SECTION 3, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: . P:\PROJECTS\04147\LEGALS\04147ZCOl_REV.DOC5/31/2006 BDM/GC/n.M X ~p..K~-9 o ~ >- - m \;:: r- 20 (:) ORIGINAL PROPOSED ZONE CHANGE LEGAL DESCRIPTIONS (CONTINUED) COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, SAID POINT ALSO BEING ON THE CENTERLINE INTERSECTION OF TAFT HIGHWAY (STATE ROUTE VI-KER-119) AND ASHE ROAD (COUNTY ROAD NO. 199); THENCE SOUTH 00045'42" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 1294.81 FEET TO A POINT ON THE SOUTHERLY LINE OF LOTS 2 THROUGH 8 OF KERN COUNTY SALES MAP NO.2 OF LANDS OF J. B. HAGGIN FILED ON MAY 24, 1889, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE DEPARTING SAID WEST LINE AND SAID CENTERLINE, SOUTH 89010'22" EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 1206.07 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING SIX (6) COURSES: 1) SOUTH 89010'22" EAST, CONTINUING ALONG SAID SOUTHERLY LINE, A DISTANCE OF 1436.36 FEET; THENCE 2) DEPARTING SAID SOUTHERLY LINE, SOUTH 00045'44" WEST, A DISTANCE OF 1327.69 FEET TO A POINT ON THE CENTERLINE OF CURNOW ROAD; THENCE 3) NORTH 89010'24" WEST, ALONG SAID CENTERLINE LINE OF CURNOW ROAD, A DISTANCE OF 1467.17 FEET; THENCE 4) DEPARTING SAID CENTERLINE, NORTH 00049'37" EAST, A DISTANCE OF 308.00 FEET; THENCE 5) SOUTH 89010'22" EAST, A DISTANCE OF 29.31 FEET; THENCE 6) NORTH 00049'38" EAST, A DISTANCE OF 1019.71 FEET TO THE POINT OF BEGINNING. CONTAINING 44.01 ACRES, MORE OR LESS. PROPOSED R-1 rFROM Al (36.53 ACRES) BEING A PORTION OF SECTION 3, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, SAID POINT ALSO BEING ON THE CENTERLINE INTERSECTION OF TAFT HIGHWAY (STATE ROUTE VI-KER-119) AND ASHE ROAD (COUNTY ROAD NO. 199); THENCE SOUTH 00045'42" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 1294.81 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF LOTS 2 THROUGH 8 OF KERN COUNTY SALES MAP NO.2 OF LANDS OF J. B. HAGGIN FILED ON MAY 24, 1889, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE ALONG THE FOLLOWING SEVEN (7) COURSES: 1) DEPARTING SAID WESTERLY LINE AND SAID CENTERLINE, SOUTH 89010'22" EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 1206.07 FEET; THENCE 2) DEPARTING SAID SOUTHERLY LINE, SOUTH 00049'38" WEST, A DISTANCE OF 1019.71 FEET; THENCE 3) NORTH 89010'22" WEST, A DISTANCE OF 29.31 FEET; THENCE . P:\PROJECTS\04147\LEGALS\04147ZCOl_REV.DOCS/31/2006 BDM/GC/JLM ~ ~"'K~?> o ~ ;:... '.' m I::: ,.... 3 Q (:) IJRIGINAL PROPOSED ZONE CHANGE LEGAL DESCRIPTIONS (CONTINUED) 4) SOUTH 00049'37" WEST, A DISTANCE OF 308.00 FEET TO A POINT ON THE CENTERLINE OF CURNOW ROAD; THENCE 5) NORTH 89010'24" WEST, ALONG SAID CENTERLINE LINE OF CURNOW ROAD, A DISTANCE OF 1175.25 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER SAID SECTION 3, ALSO BEING THE CENTERLINE OF ASHE ROAD (COUNTY ROAD NO. 199); THENCE 6) NORTH 00045'34" EAST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER AND SAID CENTERLINE, A DISTANCE OF 0.42 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 3; THENCE 7) NORTH 00045'42" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 1327.30 FEET TO THE TO THE POINT OF BEGINNING. CONTAINING 36.53 ACRES, MORE OR LESS PROPOSED R-1 rFROM Al (54.75 ACRES) BEING A PORTION OF SECTION 3, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, SAID POINT ALSO BEING ON THE CENTERLINE INTERSECTION OF TAFT HIGHWAY (STATE ROUTE VI-KER-119) AND ASHE ROAD (COUNTY ROAD NO. 199); THENCE SOUTH 00045'42" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 2622.11 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 3; THENCE SOUTH 00045'34" WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 AND CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 0.42 FEET TO THE CENTERLINE OF CURNOW ROAD; THENCE SOUTH 89010'24" EAST, ALONG THE CENTERLINE OF CURNOW ROAD, A DISTANCE OF 1192.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING TWELVE (12) COURSES: 1) SOUTH 89010'24" EAST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 1450.17 FEET; THENCE 2) DEPARTING SAID CENTERLINE, SOUTH 00045'34" WEST, A DISTANCE OF 1327.50 FEET, SAID POINT ALSO BEING NORTHEAST CORNER OF LOT 28 OF SAID KERN COUNTY SALES MAP; THENCE 3) NORTH 89009'59" WEST, ALONG THE NORTH LINE OF LOTS 25 THROUGH 28 OF SAID KERN COUNTY SALES MAP, A DISTANCE OF 2145.22 FEET TO THE SOUTHEAST CORNER OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. 92-90 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED IN BOOK 6468 AT PAGE 2095, SAID POINT ALSO BEING ON THE CENTERLINE OF AN 80 FOOT WIDE CANAL EASEMENT GRANTED TO FARMERS CANAL COMPANY BY DEED RECORDED IN BOOK 128 AT PAGE 246, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE . P:\PROJECTS\04147\LEGALS\04147ZCOl_REV.DOC5/31/2006 BDM/GC/JLM X ~AK~?> a - <P .:>- ' ~ l::;: ~ () (:) 4 ORIGINAL PROPOSED ZONE CHANGE LEGAL DESCRIPTIONS (CONTINUED) 4) NORTH 22026'05" EAST, ALONG THE EAST LINE OF SAID PARCEL "A" AND THE CENTERLINE OF SAID CANAL, A DISTANCE OF 225.24 FEET, THENCE 5) NORTH 30006'56" EAST, CONTINUING 'ALONG THE EAST LINE OF SAID PARCEL "A" AND THE CENTERLINE OF SAID CANAL, A DISTANCE OF 167.43 FEET, THENCE 6) NORTH 31052'53" EAST, CONTINUING ALONG THE EAST LINE OF SAID PARCEL "A" AND THE CENTERLINE OF SAID CANAL, A DISTANCE OF 103.83 FEET, THENCE 7) NORTH 26027'16" EAST, CONTINUING ALONG THE EAST LINE OF SAID PARCEL "A" AND THE CENTERLINE OF SAID CANAL, A DISTANCE OF 103.88 FEET, THENCE 8) NORTH 16011'18" EAST, CONTINUING ALONG THE EAST LINE OF SAID PARCEL "A" AND THE CENTERLINE OF SAID CANAL, A DISTANCE OF 94.76 FEET, THENCE 9) NORTH 09044'38" EAST, CONTINUING ALONG THE EAST LINE OF SAID PARCEL "A" AND THE CENTERLINE OF SAID CANAL, A DISTANCE OF 98.79 FEET, THENCE 10) NORTH 09039'42" EAST, CONTINUING ALONG THE EAST LINE OF SAID PARCEL "A" AND THE CENTERLINE OF SAID CANAL, A DISTANCE OF 202.93 FEET TO THE SOUTHWEST CORNER OF PARCEL "B" OF SAID LOT LINE ADJUSTMENT NO. 92-90, THENCE 11) SOUTH 89008'55" EAST, ALONG THE SOUTH LINE OF SAID PARCEL "B" A DISTANCE OF 358.53 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "B", THENCE 12) NORTH 00049'51" EAST, ALONG THE EAST LINE OF SAID PARCEL "B", A DISTANCE OF 399.85 FEET TO THE POINT OF BEGINNING. CONTAINING 54.75 ACRES, MORE OR LESS. PROPOSED R-1/PUD rFROM Al (40.76 ACRES) BEING A PORTION OF SECTION 4, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF TAFT HIGHWAY (STATE ROUTE VI-KER-119) AND ASHE ROAD (COUNTY ROAD NO. 199); THENCE SOUTH 00045'42" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 AND THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 1294.47 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH 89018'49" WEST, ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 1306.69 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FOUR (4) COURSES: 1) SOUTH 00041'11" WEST, A DISTANCE OF 1327.57 FEET TO THE EAST-WEST MID- SECTION LINE OF SAID SECTION 4; THENCE 2) NORTH 89018'38" WEST, ALONG THE EAST-WEST MID-SECTION LINE, A DISTANCE OF 1338.14 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE X fQ{)"K~1> o ~ >- - l- m - l- so (:) ORIGINAL . P:\PROJECTS\04147\LEGALS\04147ZCOl_REV.DOCSI31/2006 BDMlGC/JLM PROPOSED ZONE CHANGE LEGAL DESCRIPTIONS (CONTINUED) 3) NORTH 00045'09" WEST, ALONG THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 4, A DISTANCE OF 1327.50 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE . 4) SOUTH 89018'49" EAST, ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 1336.61 FEET TO THE POINT OF BEGINNING. CONTAINING 40.76 ACRES, MORE OR LESS. PROPOSED R-1 rFROM Al (135.13 ACRES) BEING A PORTION OF SECTION 4, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF TAFT HIGHWAY (STATE ROUTE VI-KER-119) AND ASHE ROAD (COUNTY ROAD NO. 199); THENCE SOUTH 00045'42" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 AND THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 1294.47 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE FOLLOWING ELEVEN (11) COURSES: 1) SOUTH 00045'42" WEST, CONTINUING ALONG SAID EAST LINE AND CENTERLINE, A DISTANCE OF 1327.64 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 4; THENCE 2) NORTH 89018'38" WEST, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 4, A DISTANCE OF 150.00 FEET; THENCE 3) DEPARTING SAID MID-SECTION LINE, SOUTH 00045'34" WEST, A DISTANCE OF 127.00 FEET; THENCE 4) SOUTH 89018'38" EAST, A DISTANCE OF 150.00 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 AND THE CENTERLINE OF SAID ASHE ROAD; THENCE 5) SOUTH 00045'34" WEST, ALONG SAID EAST LINE AND THE SAID CENTERLINE, A DISTANCE OF 230.67 FEET; THENCE 6) DEPARTING SAID LINES, SOUTH 4r52'34" WEST, A DISTANCE OF 3380.56 FEET TO THE SOUTH LINE OF SAID SECTION 4; THENCE 7) NORTH 89017'40" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 165.69 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE 8) NORTH 00045'09" EAST, ALONG THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 4, A DISTANCE OF 2655.09 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE 9) SOUTH 89018'38" EAST, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 4, A DISTANCE OF 1338.14 FEET; THENCE ~ roAK~~ () 0> ~ ~ t- rn - ,... 6 c.) f)RII1INAf' . P:\PROJECTS\04147\LEGALS\04147ZCOl_REV.DOC5/3112006 BDMlGC/JLM PROPOSED ZONE CHANGE LEGAL DESCRIPTIONS (CONTINUED) 10) NORTH 00041'11" EAST, A DISTANCE OF 1327.57 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE 11) SOUTH 89018'49" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1306.69 FEET TO THE POINT OF BEGINNING. CONTAINING 135.13 ACRES, MORE OR lESS. PROPOSED R.1/PUD rFROM Al (65.34 ACRES) BEING A PORTION OF SECTION 4, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOllOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF TAFT HIGHWAY (STATE ROUTE VI-KER-119) AND ASHE ROAD (COUNTY ROAD NO. 199); THENCE SOUTH 00045'42" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 AND THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 2622.11 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89018'38" WEST, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 4, A DISTANCE OF 150.00 FEET; THENCE DEPARTING SAID MID-SECTION LINE, SOUTH 00045'34" WEST, A DISTANCE OF 127.00 FEET; THENCE SOUTH 89018'38" EAST, A DISTANCE OF 150.00 F.EET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 AND THE CENTERLINE OF SAID ASHE ROAD; THENCE SOUTH 00045'34" WEST, ALONG SAID EAST LINE AND SAID CENTERLINE, A DISTANCE OF 230.67 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOllOWING THREE (3) COURSES: 1) SOUTH 00045'34" WEST, CONTINUING ALONG SAID EAST LINE AND SAID CENTERLINE, A DISTANCE OF 2298.17 FEET TO THE SOUTHEAST CORNER OF SAID SECTION; THENCE 2) NORTH 89017'40" WEST, ALONG THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 2477.07 FEET; THENCE 3) DEPARTING SAID SOUTH LINE, NORTH 4r52'34" EAST, A DISTANCE OF 3380.56 FEET TO THE POINT OF BEGINNING. CONTAINING 65.34 ACRES, MORE OR lESS. -, .;\ .O~ MciNTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield, CA 93309 (661) 8344814 ~ ~AK~~ (:) ~ ~ - l- m - t- o C) 7 ORIGINAL . P:\PROJECTS\04147\LEGALS\04147ZCOl_REV.DOC5/3112006 BDMlGC/JLM Exhibit C Mitigation/Conditions of Approval x <0 Jt..KS-1> Q ~ ;:... - l- m - ,.... C> f"\~fnINAf> EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-0519 MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT: Agriculture 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. ~f\KS'-9 J. ~ >- - ITI t:: t- v 1')~IGINAE> . . Exhibit C 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 Page 2 of 18 X ~AK~?> Q ~ ;:... - r- m - t- o t> ORlr.I~IA' Exhibit C 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 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. 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. Page 3 of 18 ~ ~AK~?> o ~ >- - r;: f!! .) ~ '")RIOINAl Exhibit C GPAlZC No. 05-0519 Mitigation/Conditions of Approval Aesthetics. LiQht. 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 Page 4 of 18 ~ f(>AK~~ o ~ >- - l- m _ t- o C) 1')J:lI~lMAL Exhibit C GPA/ZC 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 GPA/ZC 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 GPA/ZC 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. Page 5 of 18 ~ '(,I\K~1> C> ~ ;:... - r- rr - ,... Q 0A'QINA~ Exhibit C 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 Page 6 of 18 X ~to.K~1> () ~ >- '. - I- m tS f)RIOINAf Exhibit C 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 Page 7 of 18 ~ ~AK~?> () <P >-- ~ I- m - f- a <::> ORIr,INAI Exhibit C 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 SJVAPCD 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 Page 8 of 18 ~ ~AKS'1> C) ~ ;:... - l- m _ t- o <::> ORlnlNAl Exhibit C 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 non public 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 ~ ~"K~1> C) ~ >- - r- m - ,.... (~ (:) mUrllNAl Exhibit C GPAlZC 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 SJV APCD Fund account prior to recordation of any final tract map. Proof of payment and SJV APCD 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 SJV APCP. This agreement will require the SJV APCD 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 ~ fQ{l..KS'1> () ~ ;:... - l- m - t- o () ORlnlNAL Exhibit C GPA/ZC 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. Page 11 of 18 ~ 'O"'K~~ (:) ~ ::.... -- ~ m _ r- c..) c:, "PI~INAl Exhibit C 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 Page 12 of 18 ~ <Q~K~?> o ~ ~ - r- m - t- o (:) ORIr.1NAl Exhibit C 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 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. 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 Page 13 of 18 X ~fl..KS'1> o ~ >- - ~ m _ l- e> () ()RI~'~'AL Exhibit C GPAlZC 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. Geoloaic 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. Hvdroloav and Water Qualitv 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 1 DO-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 Page 14 of 18 ~ lQAK~1> c:> <P ~ ~ r- m - f"- a (:) IJRIr:;INAl Exhibit C GPA/ZC 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 GPA/ZC 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. Page 15 of 18 ~ ~AKS'~ C) ~ ;:... - r- m _ t- o (::) I\OI~'''IAL Exhibit C 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 Page 16 of 18 X ~~KS'1> () " ~ ;:... - I- m _ t- o (:) ORIGINAL Exhibit C 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 Page 17 of 18 X <Q~KS'?> o ~ :>- " - i-- rT1 '0 "'t:lln'NA~ Exhibit C GPAlZC 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 CEOA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. Page 18 of 18 <o(>"K~--9 ~ ~ >- m l;::. l- t.? ORIGINAP Exhibit D Statement of Facts, Findings, and Mitigation Measures ~ ~t>.KS'-9 o ~ ).. - n 1;: ,. ~ <::: I")Rfr,lNAl FINAL FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS FOR THE ASHE NO.4 ANNEXATION PROJECT EIR GPA/ZC NO. 05-0519 SCH # 2005061092 ~ . - BAKERSFIELD Lead Agency: CITY OF BAKERSFIELD 1715 Chester Avenue Bakersfield, California 93301 Contact: Mr. Marc Gauthier (661) 326-3786 Consultant: RBF CONSUL lING 14725 Alton Parkway Irvine, California 92618 June 2006 IN 10-104412 X 'Of:..I(~?> o l.fl >- ~ I- rn - ,..... L> f"\qlGINAC> T ABLE 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 X ~f>..I(~~ Q tP ., -1\ :> - l- m - ,.... () 0RIOINAf' ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAJZC 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 -:of..KS-..l\ B). A Mitigation Monitoring Program will be adopted as part of the Resolution. ~ ''tr >- ~ ~ f!! i..'J <:> JN 10-104412 1 June 2006 ()RIr.IMAL ~ . - 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 (GPA), 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 6,000-square-foot, 7,000-square- foot, and 8,000-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 CECA and the CECA 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 2 June 2006 X ~~K~1> o ~ ::.- - I- m -' t- t:> ()~lgINA~ ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 8AKBRSfIEl.D 3. The City of Bakersfield, as Lead Agency ,and decision-makers, finds that significant and unmitigable impacts on Agriculture and Aesthetics, Light, and Glare may occur with future development in conjunction with implemer;ltation 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 CECA 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 CECA 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. 2. Pursuant to the provisions of Section 15082 of the State CECA 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. 3. During the circulation period for the Notice of Preparation, the City of Bakersfield, as Lead Agency, advertised and conducted a public scoping meeting on June 27, 2005, at the City of Bakersfield Development Services Department Building, Conference Room. 4. A Draft EIR was prepared which analyzed project-related impacts related to the following environmental issue areas: agriculture, public health and safety, aestheticsllight 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 alternatives 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 CECA Guidelines, as amended, comprise the Final EIR. Following completion of the Responses to <o"'K€ Comments document, the Lead Agency's responses to the comments received ~ '9~ >- -- __ m .~ ,.... JN 10-104412 3 June 2006 v ORIGtNAC' ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD I I 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 qr 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 JN 10-104412 4 June 2006 ~ ~{l..K~?? o ~ ;:... - r- m _ t- O ()~I~INAf' ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD 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. CUl TURAl 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 to soil characteristics. This will ensure that all seismically related hazards remain less IN 10-104412 5 June 2006 <ot-.K~1> J ~ ;:... - l- m _ r- <.:> ~ '1!!lltlINAl ~ . - CITY OF BAKERSFIELD A.he No.4 Annexation GPAlZC No. 05-0519 BAKERSfIELD I 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)(1), 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? JN 10-104412 6 X ~t>.KS-l' <.) ~ >- '. - roo m June 2006 'G I')RI~'NAf Refer to response above. ,& . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 8 A K E R S ,F I E L D HAZARDS AND HAZARDOUS MATERIALS. Would,the project: Create a significant hazard to the public or the environment through th~ 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 intermixed with wildlands? JN 10-104412 7 June 2006 ~ <o~KS'~ o ~ ;:... - r- rn - t- o ()~lnINAf> ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD I I 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 ~noff 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 stormwater 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- <oAK point sources. Stormwater quality is generally affected by the length of time since the J ~-9<p last rainfall, intensity of rainfall, urban uses of the area, and the quantity of transported ~ " -t'\ t: f!] c.) ()~lmN^f JN 10-104412 8 June 2006 ~ - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 . B A K E R S ,F J E L D 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? I The proposed Project site is located outside of a 100-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? JN 10-104412 9 June 2006 x <op..K~1> () <P ;:... :! 1- n - f"- a <::J f1RIGINAL ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAJZC No. 05-0519 BAKERSfiELD , I 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. JN 10-104412 10 of replacement <<o~KS'1> J. (p '"1\ >- - m ~ r- June 2006 L? tj~IG1NAE' Displace substantial numbers of people, necessitating the construction housing elsewhere? ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD 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 times 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)? IN 10-104412 11 June 2006 X <ofi..KS'1? o ~ ;:... - ~ /!! (.) <:) f)~lnINAl ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD I 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 prior to issuance of grading permits would reduce impacts to a less than significant level. Result in inadequate parking capacity? Proposed development must meet City parking standards. No significant parking impacts specific to this Project have been identified. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The proposed Project would not conflict with adopted policies, plans, or programs supporting 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, State, and Federal policies and standards would reduce impacts to less than JN 10-104412 12 June 2006 ~ ~f4.KS'?> o ~ ;:... - l- m - l- t.') (:) ORlnlNAL ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSfiELD significant levels. Facts Suooortina 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 I 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 Consistency 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 Suooortina 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 SJVAPCD AQAP is addressed in Section 5.7, AIR QUALITY, and farmland conversion impacts are addressed in Section 5.2, AGRICULTURE. Consistency 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 would occur in this regard. JN 10-104412 13 June 2006 ~ roi\KS'1> C> ~ ;:.... - l- m - f- o OR/dINAr' ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSfiELD Facts Suooortino Findino 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 Suooortinc Findincs 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 Suooortino Findino 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 pesticidelfertilizer 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) IN 10-104412 14 June 2006 ro~KS'1> ~ ~ >- m t::. t- O t:1 ORIGINAL ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERS.FIELD 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 Suooortino Findino 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 Suooortino Findino 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. IN 10-104412 15 ~ roi\KS'-s> C> ~ ;:.... - r- m - r- June 2006 0 (:) 0RI(jINAL ~ - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 . BAKERSFIELD 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 Suooortino Findino 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 Suooortino Findino 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. IN 10-104412 16 June 2006 ~ roP>.KS-9 o ~ >- - r- " _ r- o ORIGINAC' ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD 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 Suooortino Findino The Old River Crop Dusters facility is present to the south of the Project site. This I 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 Suooortino Findino 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/LIGHT 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 Suooortino Findino 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. IN 10-104412 17 June 2006 ~ ro~KS'1> Q ~ >-- - r- FT - ,... o t:1 f')RIGINAL - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 ~ . BAKERSFIELD 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 Suooortino Findino 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 Suooortino Findino A Level 1 screening analysis of the visibility impacts was conducted using the default VI SCREEN settings. In accordance with EPA VI SCREEN guidance, primary N02 was assumed to be zero, while PM1Q emissions from diesel combustion sources were assumed to be particulate. The emission rates used in the VI SCREEN 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. IN 10-104412 18 June 2006 x ro~KS'1> Q tP ~ >- m- . l-" I ..... ,... O'lRIGINAC' ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERS.FIELD 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 Suooortino Findino The AQAP recognized growth of the population and economy within the Basin. The plan I 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. 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 Suooortino Findino 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. IN 10-104412 19 June 2006 x roi\KS'1> o ~ ;:.... - l- rn _ r- o ORIGINAl? ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD 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 no changes in composition or distribution of vegetation or wildlife would occur, resulting in less than significant impacts. Facts Suooortino 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, 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 adverse effects on wildlife habitats. In additional solid wastes may attract coyotes from ~ roi\KS'1> the adjacent agricultural areas that could impact the urban San Joaquin kit fox. Theo . ~ ;:.... - i- ~ o (:) IN 10-104412 20 June 2006 0RIr.INAL ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERS.FIELD 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 Suooortino 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 Suooortino 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 Suooortinc 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 ro~Ks: J ?ltP >- -"t\ 1 Ibid. l::: f!! o ORIGINAP IN 10-104412 21 June 2006 ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD , I 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 assessment district for the maintenance of all street, median, and sump fror:ltage 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 Suooortinc 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. IN 10-104412 22 June 2006 ~ roi\KS'1> o ~ :>- - l- m - ,.... o t:1 "'RIG1NAL 2 Letter from the City of Bakersfield Parks and Recreation Department. ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 B A K E R S .F I E L D Electrical Services 5.10-8 Implementation of the proposed Project would require temporary use of fJ/ectricity 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 Suooortinc Findinc 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 capaci.ty 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 Suooortino Findinc 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 cannot be over pipelines. Compliance with State and applicable local regulations would ~ ro/),KS'1> () ~ >- - - ", .- " .:;) () f)RIGINAL IN 10-104412 23 June 2006 ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD I 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 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 Suooortino 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 Suooortino 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. IN 10-104412 24 June 2006 ~ 'Of\/(S'1> () ~ >- - r- m .- t- O ORI~IN^f ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD Facts Suooortino Findinc The proposed Project site is located in a moderately stable area with most of tt)e 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 Suooortino Findinc 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 Suooortino Findino 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 'OM~ that increased demands through 2010 will be met by groundwater pumping andeS< 1>0' "'\'\ >- - ';: ~ o (:) IN 10-104412 25 June 2006 /')~I~INAL ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD I I recharge. The Project site would be provided water by the City of Bakersfield upon development, therefore, the Project would not alter the direction of gfoundwater 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 surrounding 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 Suooortino 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, AIRQUALlTY. IN 10-104412 26 ~ roAKC'1> ~ '. ~ l- m - t- o <:> June 2006 ()Rlr-'~IAI ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD 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 Suooortinc 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 and/or 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 Regional Water Quality Control Board and/or the California Department of Toxic ~ roAl(~~ C) ~ ;:.... - l- m - t- o t:1 "R'~I"'AI IN 10-104412 27 June 2006 ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GP A1ZC No. 05-0519 BAKERSFIELD 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 observed underneath the debris shall be sampled. If concentrations of mat~rials are detected above regulatory cleanup levels during samplipg 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 Suooortinc Findinc A Phase /I 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. IN 10-104412 28 June 2006 ~ roAKS'1> C> ~ ;:.... - l- m - t- o 0PIGINAt' ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD 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 Suooortino 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. fQMS'-s> ~ ~ ;:.... - l- m _ t- o C:7 ORlnlNAL IN 10-104412 29 June 2006 ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD 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 Suooortino Findino Given the age of some of the buildings on the Project site, it is likely that some of them 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 APCD; . 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 Suooortino 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. ~ roi\KS'1> <::> ~ >- - l- m _ r- " (;) "'O:"'':If\lAl IN 10-104412 30 June 2006 - CITY OF BAKERSFIELD Ashe No.4 Annexation GP A1ZC No. 05-0519 ~ . BAKERSFIELD 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, 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. 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 SuoDortino 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 and/or 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 Suooortino 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 six feet in height, as specified in City of Bakersfield Subdivision and Engineering Design Manual Standard S-10, or an equivalent barrier as determined by the advisory agencxx roi\/(S'1> C) ~ ;:.... .- '::- ~ IN 10-104412 31 June 200~ ORln''''AE' ~ . CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 - BAKERSFIELD , I I 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 constn,Jcted between any subdivision and the right-of-way line of any irrigatiQn canal within or adjacent to the subdivision, as specified in City of Bakersfield Subdivision and Engineering Design Manual Standard S-10. AESTHETICS/LlGHT AND GLARE Short-Term (Construction) Aesthetic Impacts 5.4-1 Grading and construction of individual phases would temporarily alter the visual appearance of the Project area. Impacts 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 Suooortino 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. 5.4-1 b Prior to development, the Project Contractor shall ensure that all mechanical and ~M€ electrical equipment to be installed on the structure or on the ground is ~ ~<P adequately screened from public view. The screening shall be considered as an >- .. ~ I:::; t- t.:) ORl~INAE> IN 10-104412 32 June 2006 - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 ~ . BAKERS.FIELD 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 conditions from street lighting and vehicular traffic. Compliance with .city codes and required mitigation would reduce potential impacts to less than significant levels. Facts Suooortino Findino The City requires that streetlights be installed at intersections and (when streets are longer than 600 feet in length) at midblock. 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. <<. rot-.KS'1> o ~ >- - l- m _ t- o C) ('\QIOII\IAL IN 10-104412 33 June 2006 ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD Facts Suooortino Findino Anticipated construction-related traffic and circulation impacts would be considered a temporary nuisance that would cease upon completion of Project construction. Preparation of a detailed Traffic Management Plan (TMP) would be required prior to construction of the proposed Project. The TMP would delineate all road closures, proYisions to maintain access to adjacent residential properties at all times, prior notices, adequate sign-postings, detours, provisions for pedestrian and bicycle transportation, and permitted hours of construction activity. Proper detours and warning signs would be established along the Project perimeter to ensure public safety. The TMP shall be devised so that construction would not interfere with emergency response or evacuation plans. 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. 5.5-1 b 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 Suooortino 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. The measure is as follows: ~ roAKS'''9 o ~ ;:.... - , m - t- IN 10-104412 34 June 2006 OORIGINAC' ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERS.FIELD 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 Suooortino 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 Suooortino 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 significance. x roi\KS';)i The measure is as follows Q ~ :>- - l- m _ t- o . t:1 IN 10-104412 35 June 2006 ORIOINAl - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 ~ . BAKERSFIELD 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 Suooortino 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 (Le., 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 Contractor shall provide evidence of the placement of the stationary equipment to ~ 'OJ\Kf1> o ~ >- - l- rr - ,... .~ ~ I'JRIQINAb JN 10-104412 36 June 2006 ~ . CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 - B A K E R S .F I E L D 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 Suooortinc Findinc 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 ~ roAKS'~ and landscape maintenance. Analysis has concluded that impacts would be less;: . ~ f- m - t- o t:1 IN 10-104412 37 June 2006 ORIGINAL ~ . - CITY OF BAKERSFIELD A_he No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD I than significant with the implementation of required mitigation measures. Facts Suooortino 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 as children playing, pet noise, amplified music, car repair. pool and spa equip.ment 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 lawnmowers is estimated to be approximately 70 dBA at a distance of 5 feet from the source. Therefore, at 50 feet, noise from a gas lawn mower 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 (i.e. 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. IN 10-104412 38 ~ roM~?> o ~ >- - l- m - ,..... o t:1 ()RIGINAL June 2006 ~ CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 . - BAKERSFIELD AIIt 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 Suooortino Findinc Short-term impacts from the Project will result in fugitive particulate matter emissions through. Grading, excavation, trenching, filling, and other construction activities. SJV APCD 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 SJV APCD 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 roi\Ks-. concentrations; this may include ceasing construction activity during theJ ~~ peak hour of vehicular traffic on adjacent roadways. >- m '::: t- o () ()~I~INAl IN 10-104412 39 June 2006 ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD 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 Control District (SJAPCD), Fugitive PM1Q 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 construption 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, ch~mical 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 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 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 SJVAPeD 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). IN 10-104412 40 June 2006 ~ roi\KS'-9. C) . ~ ~ .- l- m - t- o () ORln'~IAL ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD . 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 Suooortino 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, generated by the proposed developments. IN 10-104412 41 June 2006 ~ roM(~~ ~ ~ ~ ~ o <::7 ORI~I~IAl. ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD 5.7-3b 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 a voluntary emission reduction project (VERP) through the SJVAPCD. Available mitigation programs can consist of, but are not limited to, the following: Public Works Imorovement Projects: 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. SJVAPCD Mitication Fund: Air quality mitigation fees, of the amount to be determined by the SJVAPCD and the subdivider, are due to the SJVAPCD Fund account prior to recordation of any final tract map. Proof of payment and SJV APCD mitigation certificates shall be provided to the Planning Director prior to recordation of each phase of a final tract map. IN 10-104412 42 June 2006 x roAKS'1> o ~ )0.. _ l- m - t- o () ORln'NAL - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD ~ . Fees paid to the SJV APCD through an approved indirect source emissions fee program may be utilized to provide applicable offsets for the proposed Pr,oject. 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 Suooortino 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 NOx and 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 Spof 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 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 0.028% of ROG IN 10-104412 43 June 2006 ~ ~i\I{S'? C> ( ;:.... l- '0 ( ORIr,'~IAL - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD ~ . , I I emissions and 0.016% of NOx emissions in the Kern County portion and is considered less than significant. . 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 Suooortino 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. <<. '0 t'\I\~1 o < :>- IN 10-104412 44 June 2006 - o I ORIGINAl - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 B A K E R S .F I E L D ~ . 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 Suooortino 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 demolition. If nests are encountered, use agency-approved buffer zones and IN 10-104412 45 June 2006 X 'OAI(~~ o <J1 :.- ~ - n - ,.. . )f)RIC3INA~ - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD ~ . 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 con~truction 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 Suooortino 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, including migratory birds. Implementation of required mitigation measures would reduce IN 10-104412 46 June 2006 6P-.KS'.l\ J- .~ ... - I , , \RIOINAE - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 ~ BAKERS.FIELD . 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 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. CULTURAL 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. IN 10-104412 47 June 2006 x roi\KS1> () ~ >- _ r _ r oJ c:: 'iQIGINAL - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD ~ . Facts Suooortino 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 inhapited and important to people during the prehistoric era. It is possible tl1at 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: 5.9-1 a 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. 5.9-1b 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 would reduce potential impacts to less than significant levels. . '6M~L\ S 7(p "1'\ ,.. - ,.. 111 ;> ,... , I::> 1"\~IGINAL IN 10-104412 48 June 2006 - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD ffi . Facts Suooortino Findino I 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 population 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 Suooortino 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 oM~ Department. At build-out, the proposed Project may generate a population of 7,039.34 0- t persons. The City of Bakersfield Police Department has a current staffing level of >- '. . ::: , . J ""'lmNA~ JN 10-104412 49 June 2006 ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIBLD , / 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 PrGject 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 Sheriffs Department uses a target-staffing standard of one officer per 1,000 perSons (excluding officers assigned to the Civil Division, Detentions Division, and administrative staff); however the current staffing level is 0.59. pel;Sons per 1,000 population. Therefore, according to the County Sheriffs 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 Sheriffs 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 Suooortino 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 5.10-2, 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 school district has a student generation rate of 0.24 student per dwelling unit. IN 10-104412 50 June 2006 ~ roi\KS'1> C) ~ ;:.... - l- m _ t- O C) ORlnlNAL ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD 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 oar d.u. \ Panama-Buena Vista Union Elementary 2,334 1,325.7 lO.568 student oer d.u.) Kem High School District 2,334 560.2 lO.24 student oer d.u.\ Source: Letter from the Kern Countv SUDerlntendent 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 Suooortino 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 ro(1.l<~ development and no impacts associated with the proposed Project are anticipated. ~ 1>0> "'f\ >- - !:: ~ o t:1 ,,)~I~'NAL IN 10-104412 51 June 2006 ~ . CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 - BAKERSFIELD , / 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. 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 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 5.104 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 Suooortino 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 ro~Ks: each phase of the Project, based on the percentage of the gross acreageJ ~(j'l contained in the particular phase to be accepted and recorded, as compared with-- ~ I::; f"- o'lRII1INAC> IN 10-104412 52 June 2006 ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERS.FIELD 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 WastelLandfills 5.10-7 Implementation of the proposed Project would not result in increased 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 Suooortino 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 Bena 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 5.1 Q-7a through 5.1 Q-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 ~ roAKS'~ Plan shall include a plan to separate recyclable/reusable construction debris. 2 ~ I;:: ~ o f)RI~IMAE> 53 June 2006 IN 10-104412 ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD I J The plan shall include the method the contractor will use to haul recyclable. materials and shall include the method and location of material disposal. 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 Suooortinc 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, andlor 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 x roi\K~1> mitigation measures. 0 ~ >- - \- m '5 t; 54 June 2006 ORlnlNAL IN 10-104412 ~ . ~ CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD Facts Suooortino Findino As indicated previously, the Project area is not within an area of high gro~ndwater. 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, conformance 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 Suooortino 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. IN 10-104412 55 X ~~K~1> Q ~ >- - ~ J!] o (:) June 2006 QRlnlNAL - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD ~ . I I Mitigation Measures 5.12-1 a and 5.12-1 b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 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 10o-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 ~M~ required as required in the NPDES permit for the area of the Project si~ ?>(j') ~ >- - ~ f!! IN 10-104412 56 June 200iORIG'NA~ ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD 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 Suooortino 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 significant unavoidable impacts in the category of Agriculture and Aesthetics, Light and Glare. X '6MS'~ C) (Jl ;:.... '. ~ l- rn - ,... ,-=> ')RIGINAf> IN 10-104412 57 June 2006 ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD 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 SUDoortino Findino , The Metropolitan Bakersfield General Plan EIR indicates that forecast growth within the City is anticipated to result in the direct remoyal 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. IN 10-104412 58 June 2006 ~ ro~KS'1> o ~ ;:.... - I- m _ t- o t:1 ORIGINAL ~ - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 . B A K E R S .F I E L D 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 lor 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 southwestern 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. IN 10-104412 59 ~ ro~KS'1> o ~ >- - I:; J!2 " C::7 June 2006 OR,n'~14r 3 USDA Southwest Kern Soil Survey, United States Department of Agriculture-Soil Conservation Service. 1992. ~ . - CITY OF BAKERSFIELD AShe No.4 Annexation GPAlZC No. 05-0519 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 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 lands is considered minimal due to the restrictions and limitations that will be eventually be ~ roAKS'1> C) ~ >- - I- m - t- o ()alfil~Af' IN 10-104412 60 June 2006 ~ - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 . BAKBRS.FIELD placed on the current property owners and farmers within the vicinity of future urban development. There are 15 General Plan Amendment and Zone Change 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 City 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 Suooortino 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 61 ~ ~A/(S'-9 ~ . ~ t:: f!! t") t:1 June 2006 ORIGINAL ~ . - CITY OF BAKERSFIELD AShe No.4 Annexation GPAlZC No. 05-0519 BAKERSFIELD , I I 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 EIR. 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 Suooortino Findinc 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. J roi\KS'-'9(f' ;:.... ~ l- m - t- o t:1 ,",P'~'MA' IN 10-104412 62 June 2006 ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERS'FIELD IX. FINDING REGARDING ALTERNATIVES The City of Bakersfield, having reviewed and considered the information contained in .the Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to Public Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3) that (i) the Final EIR considers a reasonable range of project alternatives and mitigation measures and (ii) specific economic, location and/or other considerations make infeasible the alternatiyes 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 utilities/service 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, walkabiI ity, 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 irretrievable commitment of prime agricultural land to urban uses). Therefore, a "Smart IN 10-104412 63 June 2006 ~ ~AKS'1> C> ~ ;:.... - l- m - t- o t:1 ORIGINAL ~ - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 . BAKERSFIELD ! I I 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 future 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 e1void or substantially lessen any of the significant impacts of the proposed 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~ roi\KS'1n Q ~ ;:.... - '__ P2 IN 10-104412 64 June 200&0 ORIGINAE' ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 B A K E R 5 .F I E L D one unit 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. I 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). ~ roi\KS'1> C) ~ ~ iT1 - ,... , "'~'~'NAf> IN 10-104412 65 June 2006 ~ . CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 - BAKERSFIELD I I 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 Developmenf 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 x ~~~~~ would result in reduced or equivalent environmental impacts when compared to the;: ~ I- ;;; - t- o t:1 IN 10-104412 66 June 2006 0RIGINAl ~ . - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 BAKERS.FIELD 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, ~nd 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. ~ roi\KS'1> o ~ >- - :: /!1 ) '"\rrllnl~Af' IN 10-104412 67 June 2006 Exhibit E Statement of Overriding Considerations ~ ro~KS'-9 C) ~ ;:.... - ..... m - t- o t:1 f')Q'~'MAI ~ - CITY OF BAKERSFIELD Ashe No.4 Annexation GPAlZC No. 05-0519 . BAKERSFIELD 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 1 May 2006 ~ roi\K~1> o ~ ;:.... - .,:: f!] " <::> "'RlnINAI ~ . - 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 benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable'. II Based on the above discussion and on the evidence presented, the City of Bakersfield therefore finds that the benefits of the proposed project outweigh the adverse 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 2 ~ ~I\KS'1> o ~ >- - \:; ~ ,1 <:::1 0RlnlMAI May 2006 Exhibit F Mitigation Monitoring and Reporting Program ~ roM~?> () ~ >- - t::. f!! ,:) <:::> ""O'r.I~' AI cca= ..102m w1ii- ->eft! u...c ClJcii: ffi~ ~.... mci u..Z o. ~.c -~ (,) Q ... UI . Iio "' '" . u c .! C. 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McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 14th day of September ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4376 passed by the Bakersfield City Council at a meeting held on the 13th day of September. 2006 and entitled: AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY TO BE ANNEXED INTO THE CITY OF BAKERSFIELD GENERALLY BOUNDED BY TAFT HIGHWAY (STATE ROUTE 119) TO THE NORTH, STINE ROAD TO THE EAST, ENGLE ROAD TO THE SOUTH, AND RELIANCE DRIVE (FUTURE) TO THE WEST FROM A (AGRICULTURE ZONE) TO R-1 (ONE FAMILY DWELLING ZONE) ON 275.25 ACRES, A TO R-1/PUD (ONE FAMILY DWELLING ZONE/PLANNED UNIT DEVELOPMENT ZONE) ON 181.81 ACRES, AND R-S-20A (RESIDENTIAL SUBURBAN 20-ACRE MINIMUM LOT SIZE ZONE TO R-1 ON 9.78 ACRES (ZONE CHANGE NO. 05-0519). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ l:ld:: DEPU Y Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd ~ ~i\KS'1> Q ~ >- .. - r- /'T1 _ r- o . t" ORlGlfl.iAI