HomeMy WebLinkAboutRES NO 022-07
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CERTIFYING IT HAS RECEIVED, REVIEWED, EVALUATED AND
CONSIDERED THE INFORMATION CONTAINED IN THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE RIVERVIEW
DEVELOPMENT PROJECT, GENERAL PLAN LAND USE AND
CIRCULATION ELEMENT AMENDMENTS AND CONCURRENT ZONE
CHANGE NO. 06-0961 AND CERTIFYING THAT THE FINAL
ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
THE STATE CEQA GUIDELINES, AND THE CITY OF BAKERSFIELD CEQA
IMPLEMENTATION PROCEDURES, AND MAKING FINDINGS AND
ADOPTING A MITIGATION MONITORING PLAN.
022-07
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Monday, December
18,2006 and on Thursday, December 21,2006, on the certification of the Final Environmental
Impact Report (EIR) for the Riverview Development, Project No. 06-0961 for the proposed
amendment to the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan
and the proposed zone change, notice of the time and place of hearing having been given at least
ten (10) calendar days before said hearing by publication in The Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, Sky 21, LLC and Northeast 21 Ventures, LLC, made application for a concurrent
general plan amendment and zone change for property generally located east of Kern Canyon Road
(Highway 184), approximately 1 ~ miles north of Breckenridge Road, between the future extension
of Edison Road on the west and Comanche Drive to the east; comprising the majority of Section 21,
T29S, R29E, M.D.B.M, as shown in attached Exhibit "A," to allow development of varying densities
of residential uses on approximately 634 acres, more specifically stated as follows:
General Plan Amendment No. 06-0961:
A request to amend the General Plan Land Use designations from OS (Open
Space), ER (Estate Residential), R-MP (Resource-Mineral Petroleum) and SR
(Suburban Residential) to HR (High Density Residential) on 45 acres, HMR (High
Medium Density Residential) on 190 acres, LMR (Low Medium Density Residential)
on 275 acres, and LR (Low Density Residential) on 124 acres and a request to
amend the General Plan Circulation Element to realign an arterial street (Edison
Road/Masterson Street) and realign a separate collector street (Chase Avenue)
within Section 21, T29S, R29E, M.D.B.M.
Zone Chanae No. 06-0961 :
A request for a concurrent zone change from an RH (Residential Holding) zone to an
R-1/ PUD (One Family Dwelling/Planned Unit Development) zone on 217 acres, R-
2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) zone on 326
acres, and R-3/PUD (Multiple Family Dwelling/Planned Unit Development) zone on
91 acres.
WHEREAS, for the above-described project, it was determined that the proposed project
may have a significant effect on the environment and, therefore, an EIR was required for the project "'K
in accordance with the California Environmental Quality Act (CEQA); and ~ '0 C-9Ol
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WHEREAS, the City of Bakersfield retained the professional consulting services of RBF
Consulting to prepare the Initial Study, EIR and related documents; and
WHEREAS, by Resolution No. 266-06 on December 21, 2006, the Planning Commission
recommended certification of the Final EIR for Riverview Development, Project No. 06-0961 and this
Council has fully considered the findings made by the Planning Commission as set forth in that
Resolution and as restated herein; and
WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on June 8, 2006,
for a 30-day review period in accordance with CEQA; and
WHEREAS, a Public Scoping hearing was held on June 20, 2006, to receive input from the
public and agencies on the Initial Study and scope of the Draft EIR; and
WHEREAS, a Draft EIR was prepared and circulated to interested parties and agencies and
a notice of availability was sent to property owners within 300 feet of the project site and all those
who requested notification at the Planning Commission public hearing(s) or requested special notice
to the Development Services Department on September 28, 2006, in accordance with CEQA for a
45-day review period which ended on November 13, 2006, in accordance with Section 15087 of the
State CEQA Guidelines; and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the Draft
EIR was submitted to the State Clearinghouse (SCH #2006061 040) on September 28, 2006, to start
the 45-day review period to end on November 13, 2006, in accordance with CEQA; and
WHEREAS, the public hearing on the Draft EIR was held during the latter half of the public
review period as is required by the City of Bakersfield CEQA Implementation Procedures; and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of the City of Bakersfield CEQA Implementation Procedures, held a public hearing on
Thursday, October 19, 2006, on the adequacy of the Draft EIR; and
WHEREAS, on December 6, 2006, the Final EIR was completed and notice of its availability
was made to interested parities and agencies; and
WHEREAS, on December 21, 2006, the Planning Commission considered the Final EIR;
and
WHEREAS, based on comments received prior to and at the December 21,2006, Planning
Commission Hearing, the Planning Commission recommended certification of the Final EIR; and
WHEREAS, the environmental record prepared in conjunction with the project includes the
follOWing:
1. The Notice of Preparation, Draft Environmental Impact Report, and Final
Environmental Impact Report;
2. All staff reports, memoranda, maps, letters, minutes of meetings relating to the
project;
3. All testimony, documents and evidence presented to the City by consultants working
with the City relating to the project;
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4. The proceedings before the Planning Commission relating to the project, the Draft
EIR and the Final EIR, including testimony and documenting evidence introduced at
the public hearings; and
5. Matters of common knowledge to the Planning Commission which it considered
including but not limited to the following:
a) The Metropolitan Bakersfield General Plan;
b) The City of Bakersfield Zoning Ordinance;
c) The City of Bakersfield Municipal Code;
d) Other formally adopted policies and ordinances of the City of Bakersfield;
and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 266-06, adopted on December 21, 2006:
1. The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by City staff
and the Planning Commission; and
2. In accordance with State CEQA Guidelines Section 15151, the Planning
Commission considered the following direction regarding "standards for adequacy"
of an EIR:
An EIR should be prepared with a sufficient degree of analysis to provide decision-
makers with information, which enables them to make a decision which intelligently
takes account of environmental consequences. An evaluation of the environmental
effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is
to be reviewed in the light of what is reasonably feasible. Disagreement among
experts does not make an EIR inadequate, but the EIR should summarize the main
points of disagreement among the experts. The courts have looked not for
perfection but for adequacy, completeness, and a good faith effort at full disclosure;
and
3. In accordance with CEQA Guidelines Sections 15151 and 15090, the Final EIR was
considered for adequacy, completeness and good faith effort at full disclosure and
has been completed in compliance with CEQA; and
4. Attached Exhibit "B" containing the "Statement of Facts and Findings" INCLUDING
Statement of Overriding Considerations are appropriate and incorporated into the
project; and
5. Attached Exhibit "C" containing the "Mitigation Monitoring Plan" is incorporated into
the project; and
WHEREAS, in accordance with State CEQA Guidelines Section 15132, the Final EIR
consists of the following:
1. The Draft EIR;
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2. Comments and recommendations received on the Draft EIR either verbatim or in
summary;
3. A list of persons, organizations and public agencies commenting on the Draft EIR;
4. The responses of the Lead Agency to significant environmental points raised in the
review and consultation process; and
WHEREAS, the Final EIR for Riverview Development, Project No. 06-0961 was prepared in
accordance with State CEQA Guidelines Section 15132; and
WHEREAS, in accordance with State CEQA Guidelines Section 15151 the Planning
Commission considered the following direction regarding "standards for adequacy" of an EIR:
State CEQA Guidelines Section 15151:
An EIR should be prepared with a sufficient degree of analysis to provide decision-makers
with information which enables them to make a decision which intelligently takes account of
environmental consequences. An evaluation of the environmental effects of a proposed
project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of
what is reasonably feasible. Disagreement among experts does not make an EIR
inadequate, but the EIR should summarize the main points of disagreement among the
experts. The courts have looked not for perfection but for adequacy, completeness, and a
good faith effort at full disclosure; and
WHEREAS, in accordance with State CEQA Guidelines Section 15090 the lead agency (City
of Bakersfield) shall certify that:
(a) The Final EIR has been completed in compliance with CEQA; and
(b) The Final EIR was presented to the decision-making body of the Lead Agency and
that the decision-making body reviewed and considered the information contained in
the Final EIR prior to approving the project.
WHEREAS, in accordance with State CEQA Guidelines Sections 15151 and 15090, the
Final EIR was considered for adequacy, completeness and good faith effort at full disclosure and
has been completed in compliance with CEQA; and
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
1. The City Council hereby certifies that it has received, reviewed, evaluated and
considered the information contained in the Final EIR for Riverview Development,
Project No. 06-0961.
2. The City Council hereby certifies the Final EIR for Riverview Development, Project
No. 06-0961.
3. The above recitals and findings incorporated herein by reference are true and
correct and constitute the Findings of the City Council in this matter.
4.
That all required notices have been given.
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5. The provisions of CEQA have been followed.
6. The City Council hereby finds the mitigation incorporated into the project avoids
impacts or mitigates impacts to a less than significant level.
7. Certain environmental impacts regarding noise are considered unavoidable and
cannot feasibly be mitigated to a less than significant level. Moreover, the project
alternatives analyzed in the Final EIR would not feasibly mitigate the impacts. A
Statement of Overriding Considerations is being adopted for noise impacts.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on 2/7/07 and effect i ve 2/28/07
by the following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
ABSTAIN:
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Cl rk of the
Council of the City of Bakersfield
HARV L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: f)kw 7ft. 4Nf;.
EXHIBIT A
B
C
Location Map
Statement of Facts and Findings
Mitigation Monitoring and Reporting Checklist
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EXHIBIT "A"
LOCATION MAP
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EXHIBIT "B"
STATEMENT OF FACTS AND FINDINGS
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FINAL
FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS
FOR THE
RIVERVIEW DEVELOPMENT PROJECT EIR
GPA/ZC 06-0961
SCH NO. 2()06061040
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BAKERSFIELD
Lead Agency:
CITY OF BAKERSFIELD
1715 Chester Avenue
Bakersfield, California 93301
Contact: Mr. Marc Gauthier
(661) 326-3733
Consultant:
RBF CONSULTING
14725 Alton Parkway
Irvine, California 92618
December 2006
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TABLE OF CONTENTS
EXHIBIT A - 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................................................................................... 10
VII. Findings Regarding Effects Determined To Be Mitigated
To Less Than Significant Levels........................................................................ 19
VIII. Findings Regarding Infeasibility of Mitigation Measures
For Significant Impacts.. ... ...... ..... ........ ... .... ....... ....... .... .............. ............ ...........63
IX. Finding Regarding Alternatives.......................................................................... 66
EXHIBIT B - STATEMENT OF OVERRIDING CONSiDERATIONS......................................... 69
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EXHIBIT A
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
significant 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 Riverview Development identifies certain significant environmental effects
which may occur as a result of the Project.
Therefore, findings are set forth herein pursuant to'OAKc:
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Section 15091 of the CEQA Guidelines. The Summary of Mitigation Measures is based in part
on the requirements contained in Section 21081.6 of the Public Resources Code (see Exhibit
B). A Mitigation Monitoring Program will be adopted as part of the Resolution.
II. PROJECT DESCRIPTION
The Project includes a General Plan Land Use Element Amendment (GPA) to modify the land
use designation of the Metropolitan Bakersfield General Plan, a Zone Change and a Circulation
Element Amendment to modify the existing proposed circulation layout in the Metropolitan
Bakersfield General Plan. The GPA would change the current land use designation from OS
(Open Space), ER (Estate Residential), R-MP (Resource-Mineral Petroleum) and SR (Suburban
Residential) to HR (High Density Residential), HMR (High Medium Density Residential), SR
(Suburban Residential), LR (Low Density Residential) and LMR (Low Medium Density
Residential). The Zone Change would result in the modification from R-H (Residential-Holding)
zone to R-1-PUD (One Family Dwelling - Planned Unit Development), R-2-PUD (Limited
Multiple Family Dwelling Zone - 1 unit/2,500 square feet - Planned Unit Development) and R-3-
PUD (Limited Multiple Family Dwelling Zone - 1 unit/1,250 square feet - Planned Unit
Development).
The proposed Circulation Element Amendment would provide access from Highway 178 and
Kern Canyon Road to the Project's main entry in the northwestern boundary area as well as the
easterly area of the Project site. Arterial road access is proposed in a north-south direction
generally located in the western portion of the Project site. Two collector streets are proposed
in an east-west direction, one generally in the northern portion of the Project site and the other
along the southern property boundary. The proposed arterial roads traverse through the
property in a curvilinear pattern with their alignments based on minimizing their impact to the
existing terrain. The Project also proposes a collector road system providing circulation to the
neighboring properties to the north, east, south and west.
The Project consists of the development of a residential community consisting of a school/park,
streams, ponds and a trail system that will connect residential areas to non-residential areas.
The Project proposes the construction of approximately 3,181 dwelling units with housing types
consisting of a variety of densities ranging from high-density multi-family residences
(approximately 1,274 units) generally in the northwestern and central portions of the Project site
and medium and low density single-family residences (approximately 1,907 units) proposed for
the remainder of the site. The proposed Land Use Element Amendments will also
accommodate a school/park, green belt recreation corridors, streams and ponds along the
proposed arterial roads. Additionally, a trail system connecting residential areas to non-
residential areas, such as the proposed school/park, rest stops and vista points.
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
Riverview Development Project and the public record. The Lead Agency makes the following
finding pursuant to CEQA and the CEQA Guidelines:
1. The City of Bakersfield, as Lead Agency and decision-makers, having reviewed
and considered the information contained in the Draft and Final EIRs prepared 'OMcJ$'
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for the Riverview Development 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, finds that
significant and unmitigable impacts on Aesthetics/Light and Glare may occur with
future development in conjunction with implementation of the Riverview
Development Project. This finding requires that the Lead Agency issue a
"Statement of Overriding Considerations" under Section 15093 and 15126(b) of
the State CEQA Guidelines if the Lead Agency wishes to proceed with approval
of the Project.
3. The City of Bakersfield, as Lead Agency and decision-makers, finds that
significant and unmitigable impacts on Noise levels may occur with future
development in conjunction with implementation of the Riverview Development
Project. This finding requires that the Lead Agency issue a "Statement of
Overriding Considerations" under Section 15093 and 15126(b) of the State
CEQA Guidelines if the Lead Agency wishes to proceed with approval of the
Project.
IV. FINDINGS WITH RESPECT TO THE ENVIRONMENTAL REVIEW PROCESS
The City of Bakersfield, acting as Lead Agency for the environmental review of the Project,
makes the following findings with regard to the environmental review process undertaken to
analyze the potential environmental impacts of the Project:
1. In accordance with Section 10563(a) of the CEQA Guidelines, as amended, the
City of Bakersfield undertook the preparation of an Initial Study. The Initial Study
determined that a number of environmental issue areas may be impacted by the
construction and implementation of the Project. As a result, the Initial Study
determined that the Draft EIR should address the Project's significant impacts.
2. Pursuant to the provisions of Section 15082 of the State CEQA Guidelines, as
amended, the City of Bakersfield, as Lead Agency, circulated a Notice of
Preparation (NOP) to public agencies, special districts, and members of the
public requesting such notice for a 30-day period commencing on June 9, 2006
and concluding on July 10, 2006.
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 20,
2006 at the City of Bakersfield Development Services Building in the City of
Bakersfield.
4. A Draft EIR was prepared which analyzed project-related impacts related to the
following environmental issue areas: land use and relevant planning, geologic
and seismic hazards, hydrology and water quality, public health and safety,
aestheticsllight and glare, traffic and circulation, noise, air quality, biological
resources, cultural resources, public facilities and utilities and mineral resources.
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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 September 28, 2006
and concluded on November 13, 2006, the City of Bakersfield held a noticed
public hearing on October 19, 2006 regarding the Draft EIR. The public was
afforded the opportunity to orally comment on the Draft EIR at the public hearing,
and the testimony was considered by the decision-makers. Upon the close of the
public review period, the Lead Agency proceeded to evaluate and prepare
responses to all written comments received from both citizens and the public
agency during the public review period.
6. The aforementioned comments and responses and other information consistent
with the requirements of Section 15132 of the State CEQA Guidelines, as
amended, comprise the Final EIR. Following completion of the Responses to
Comments document, the Lead Agency's responses to the comments received
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 STUDY/NOTICE OF PREPARATION
The City of Bakersfield conducted an Initial Study in June 2006, to determine significant effects
of the project. In the course of this evaluation, certain impacts of the project were found to be
less than significant due to the inability of a project of this scope to create such impacts or the
absence of project characteristics producing effects of this type. The effects determined not to
be significant are not included in primary analysis sections of the Final EIR.
AGRICULTURE RESOURCES. Would the project:
Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to non-agricultural use?
According to the Metropolitan Bakersfield General Plan Update EIR, a majority of the
Riverview development project area consists of Prime Soils. However, the site is
vacant, highly disturbed and no agricultural uses are present on-site. Dry farming
activities previously occurred on-site beginning in 1975 however these activities have
since ceased. Therefore, the proposed Project would not result in the loss of agricultural
land. No impacts would occur in this regard.
Conflict with existing zoning for agricultural use, or a Williamson Act contract?
Refer to Response (a), above.
Involve other changes in the existing environment which, due to their location or nature,
could result in conversion of Farmland, to non-agricultural use?
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The proposed Project is designated as SR (Suburban Residential), OS (Open Space),
ER (Estate Residential), and R-MP (Resource - Mineral Petroleum) and is zoned R-H
(Residential Holding). Therefore, no agriculturally related activities currently exist on
site. The proposed development would not promote the conversion of existing farmland
to non-agricultural uses. Refer to Response a), above.
AIR QUALITY. Would the project:
Create objectionable odors affecting a substantial number of people?
Construction activities associated with future development of the Project site 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 number of people. The impacts from these odors would be
short-term, would cease upon construction completion, and are not anticipated to be
significant.
BIOLOGICAL RESOURCES. Would the project:
Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan?
The Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) is the regional
conservation plan that addresses the effect of urban growth on Federally and State
protected plant and animal species within the Metropolitan Bakersfield General Plan
area. The MBHCP is a joint program of the City of Bakersfield and Kern County that
was undertaken to assist urban development applicants in complying with State and
Federal endangered species laws. The MBHCP utilizes avoidance measures and a
mitigation fee paid by applicants for grading or building permits to fund the purchase and
maintenance of habitat land to compensate for the effects of urban development on
endangered species habitat. If a Project is developed on land within the Metropolitan
Bakersfield area, one-time MBHCP habitat mitigation fee payment of $1,240 per gross
acre is required. This Project will be required to comply with the provisions of the
MBHCP.
CULTURAL RESOURCES. Would the project:
Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature?
According to the Metropolitan Bakersfield 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. According to the Metropolitan Bakersfield General Plan, the
most important paleontological resource in the Metropolitan Bakersfield area is
Sharktooth Hill. Sharktooth Hill is located in the northeastern portion of Bakersfield and
was deposited by the Kern River delta as it exited the mountains. As the Project site is
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not located in the mountains or near the delta, the Project site is not located within the
Sharktooth Hill.
GEOLOGY AND SOILS. Would the project:
Result in substantial soil erosion or the loss of topsoil?
The soil type prevalent on the proposed Project site is listed in the Kern County,
California Soil Survey for the Northwestern Region. The soil associations underlying the
western portion of Bakersfield are generally sandy with high percolation rates. Based on
the U.S. Department of Agriculture, Soil Survey of Kern County, the Project site consists
of Chanac clay loam (9 to 15 percent slopes), Delano sandy loam (2 to 9 percent slopes)
and Delano Variant clay loam (0 to 9 percent slopes). A soils geotechnical analysis will
be prepared to evaluate potential impacts of the proposed Project. Additionally, the
Project would be subject to the City ordinances and standards relative to soils and
geology. Standard compliance requirements include soils and grading reports prior to
issuance of building permits and adherence to applicable building codes in accordance
with the Uniform Building Code.
Future development may include clearing and grading for construction that 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.
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?
It is not anticipated that septic tanks are present within the proposed Project site.
Additionally, the proposed Project will not be utilizing septic tanks for the development of
the proposed Project. The City's sewer system will be extended to the area. Refer to
Response (a)(1), above.
HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials?
The proposed Project would involve the development of residential uses, which typically
do not involve the use, storage or transportation of hazardous materials. Additionally,
future development of the Project site does 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. However, the use, transport or disposal of these materials would
be subject to local, State, and Federal regulations.
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?
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The proposed Project is not located within two miles of any airport. Therefore, the
proposed Project would not result in a safety hazard for people residing or working in the
Project area.
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?
The Rio Bravo Airport is located approximately % mile north of the Project site. Due to
the limited and private use the airstrip, it is not anticipated that the proximity of the
Project to the Rio Bravo Airport would result in safety hazards for the residents of the
proposed Project.
Impair implementation of or physically interfere with an adopted emergency response
plan or emergency evacuation plan?
A Traffic Management Plan (TMP) would be implemented to ensure that future
construction on the Project site 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?
The Project site is currently vacant, while surrounding land uses are composed of vacant
land, residential uses, and agricultural uses. Danger of wildfire will be eliminated by
development of the site and adjacent areas.
HYDROLOGY AND WATER QUALITY. Would the project:
Substantially deplete groundwater supplies or interfere substantially with groundwater
recharge such that there would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of pre-existing nearby wells would
drop to a level which would not support existing land uses or planned uses for which
permits have been granted)?
Construction activities associated with development of the proposed Project, which are
short-term, are not expected to affect the quantity or quality of the groundwater. The
Project would be served by the Northwest Bakersfield Water Treatment Plant, which
uses water from the Kern River. A Water Supply Assessment will be included in the
EIR. In addition, cuts and excavation into aquifers on the Project site are not
anticipated.
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?
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According to the Metropolitan Bakersfield General Plan, the Project site is not located
within a 100-year flood hazard area. Therefore, the development of residential uses will
not place housing within a 1 OO-year flood hazard area.
Place within a 1 DO-year flood hazard area structures which would impede or redirect
flood flows?
Refer to the 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 (40) 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 potentially result in a break in the dam. This could cause, under certain
worst-case conditions, the entire lake storage to be released, which would result in
flooding of 60 square miles of the Metropolitan Bakersfield area.
Because 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.
The existing Flood Evacuation Plan for the City of Bakersfield provides for the protection
of life and property through evacuation of areas that would be inundated.
According to the Metropolitan Bakersfield General Plan, the Project site is not within the
Lake Isabella Dam Failure Inundation Area. Additionally, due to the elevation of the
Project site, the area is not subject to flooding if the Dam should break.
Inundation by seiche, tsunami, or mudflow?
There are no large bodies of open water located on or adjacent to the proposed Project
site that 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
Project site, for the most part, is surround by vacant land, except for sparse residential to
the north and residential to the west.
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?
The proposed Project would result in an amendment to the Land Use Element and a
change in zoning to the Metropolitan Bakersfield General Plan. Currently, the Project
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site is designated in the Metropolitan Bakersfield General Plan as SR (Suburban
Residential), OS (Open Space), ER (Estate Residential Minimum 1 Net Acre Unit), and
R-MP (Mineral Petroleum-Minimum 5 acre parcel) and is zoned R-H (Residential
Holding). In addition, the proposed Project is generally consistent with the Circulation
Element of the Metropolitan Bakersfield General Plan.
NOISE. Would the project:
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 near any airport.
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?
Refer to Response e), above.
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 as the Project site
is currently vacant.
Displace substantial numbers of people, necessitating the construction of replacement
housing elsewhere?
Refer to Response b), above.
PUBLIC SERVICES. Would the project:
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:
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.
TRANSPORTATIONITRAFFIC. Would the project:
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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.
Result in inadequate parking capacity?
Proposed development must meet City parking standards.
Conflict with adopted policies, plans, or programs supporting alternative transportation
(e.g., bus turnouts, bicycle racks)?
The proposed Project will be designed and constructed in accordance with adopted
policies, plans or programs supporting alternative transportation.
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
On-Site Land Use Compatibility
5.1-2 Implementation of the proposed Project would result in the phased elimination of
open space as land uses are developed, thus resulting in potential land use
conflicts between developed urban uses and open space. Development of the
Project site in accordance with the design and policy standards as set forth by
the City of Bakersfield would reduce impacts to a less than significant level.
Facts Supportino Findino
The proposed land uses are considered internally compatible with one another since the
proposed recreational and circulation features are considered complimentary to the
proposed residential uses. Further, by clustering the residential uses according to their
respective densities, compatibility between the varying densities is ensured through the
provision of adequate separation and buffers. Although the ultimate size and orientation
of these uses are undefined at this time, the Project will be developed according to
applicable Metropolitan Bakersfield General Plan guidelines and Municipal Code
development standards. Less than significant impacts are anticipated in this regard.
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Relevant Planning P()licies
Consistency with General Plan Policies
5.1-2 The proposed Project would require an amendment to the Metropolitan
Bakersfield General Plan and a concurrent change to the Bakersfield Municipal
Code zoning designation for the site that would allow the conversion of the 634-
acre undeveloped Project site to residential uses. The Project has been
reviewed for consistency with goals and policies as set forth in the Metropolitan
Bakersfield General Plan and the analysis has concluded that impacts are less
than significant and no mitigation is required.
Facts Supportino Findino
The Project proposes to amend the Metropolitan Bakersfield General Plan land use
designation to allow residential uses as opposed to low density residential, mineral and
open space uses (the current land use designation and zoning designation). However,
the General Plan and zoning anticipate growth in the Project area. The AQAP
anticipated such growth of the population and economy within the Basin. Additionally,
as proposed as part of the Project, bike lanes would be implemented as appropriate
along roadways when full improvements are completed. The Project would implement
roadway improvements, such as installation of traffic signals and the widening of
roadway segments and/or improve intersections on a fair-share basis.
Solid waste disposal would be in accordance with Kern County's Solid Waste
Management Plan. Additionally, the Project would not handle or dispose of hazardous
wastes on-site other than common household chemicals used for cleaning. The Project
site is not located in an area that has been designated as a candidate site or facility for
hazardous materials disposal
The Project site is located within the permitted area of the MBHCP; therefore, the
development of the site would require the payment of mitigation fees for the preservation
of natural habitat areas in the area.
The 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.
Consistency with the Circulation Element
5.1-4 The proposed Circulation Element Amendment to the Metropolitan Bakersfield
General Plan will result in the development of an arterial and collector road
system to provide access throughout the Project site and neighboring properties.
This is considered a less than significant impact because the proposed roadway
reclassification is required to achieve City design standards and applicable
Circulation Element goals and policies.
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Highway 178 and Kern Canyon Road will provide the primary access to the site's main
entry located at the northwest quadrant. The proposed circulation amendment, including
arterial roads, will create roadways that traverse through the Project site in a curvilinear
pattern to minimize impacts on existing terrain. The proposed circulation system also
includes a collector road system providing circulation to the neighboring properties to the
north, east, south and west as well as providing easy access to the proposed
neighborhoods on-site. The City would be responsible for all improvements,
maintenance and services to the roadways upon completion. With approval of the
Project and the Circulation Element Amendment, the Project would be consistent with
the Metropolitan Bakersfield General Plan Circulation Element. Additionally, all City
goals and policies would be achieved with the Project Circulation Element Amendment;
therefore, no additional mitigation measures would be required.
Cumulative Impacts
5.1-6 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 Supportino Findino
The anticipated Project impacts in conjunction with cumulative development in the site
vicinity would increase urbanization and result in the loss of open space in the local
vicinity. 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 that are
generally a function of the interaction between a specific development site and its
immediate environment. Since development within the northeast planning area is
anticipated to occur in accordance with the Metropolitan Bakersfield General Plan and
attendant zoning classifications, potential cumulative effects upon land use and planning
are not anticipated to be significant.
GEOLOGY AND SOILS
Liquefaction
5.2-4 Based on available data, the potential for liquefaction is not anticipated due to the
lack of near-surface groundwater. Less than significant impacts are anticipated.
Facts Supportino Findino
Generally, when liquefaction occurs because of earthquakes, the conditions of
cohesion less surface material accompanied with relatively shallow water tables
underlying the area were the factor. In such cases, ground vibration increases the pore
pressure resulting in water moving upward whereby turning the sand or silt into a
quicksand like condition. The surface characteristics include the development of sand
boils, surface cracks, ground settlement and differential compaction.
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The groundwater depth at the Project site is at least 200 feet bgs. Furthermore, the
Geological and Geotechnical Engineering Assessment indicates that groundwater was
not encountered in any of the subsurface excavations, which extended to depths of 40
feet. Therefore, shallow groundwater is not known to occur beneath the site or in the
immediate vicinity. The lack of near-surface groundwater beneath the site makes
impacts related to liquefaction unlikely. Therefore, no significant impacts are anticipated.
Dam Inundation
5.2-7 Due to the elevation and location of the Project site, inundation of the Project site
due to a catastrophic release at Isabella Dam is not considered to be significant.
Less than significant impacts are anticipated.
Facts Supportino Findino
If an earthquake were to occur near Lake Isabella, the potential exists for a failure of
Isabella Dam. Such a failure could cause the entire lake storage to be released, which
would result in the flooding of 60 square miles of Bakersfield. The Metropolitan
Bakersfield General Plan indicates the chances of the dam failing entirely, with the lake
at capacity, was judged as one day in 10,000 years. According to the Metropolitan
Bakersfield General Plan, the Project site is not located within the Isabella Dam
inundation area. Due to the elevation and location of the Project site, impacts related to
dam inundation are not anticipated to be significant.
HYDROLOGY AND WATER QUALITY
Groundwater
5.3-2 The Project would not result in adverse impacts to the amount of available
groundwater available or degrade groundwater quality. Less than significant
impacts are anticipated.
Facts Supportino Findino
According to the Water Quality Report the area's groundwater supply and resources
would not be significantly depleted as a result of the Project during drought years.
Significant reduction in the amount of runoff, which under existing conditions may be
infiltrating into groundwater resources, especially in drought years, may change and
impact the groundwater quantity as well as quality (Le. salt accumulation, high chloride
concentrations etc.). However, the proposed Project has been designed to include large
drainage courses, parks, enriched parkways, landscape and open space areas. An
additional 30 acres is planned for a joint school/park site. For residential areas it is
reasonable to assume that 65% of the area will be impervious leaving approximately 270
additional acres that will remain pervious. Total pervious area for the Project is
anticipated to be 485 acres (76%) of the site. The conclusion can be made that the
overall increase in imperviousness associated with the proposed Project would not result
in a significant reduction in groundwater recharge. The Project would not alter the
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direction of groundwater flow, nor result in the need to withdraw, change the rate of
groundwater flow or affect its supply.
Cumulative Impacts
5.3-5 The 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 Supportinc Findinc
Cumulative effects related to hydrology resulting from implementation of the 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, resulting in impacts to surface and ground water 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
in order 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 Project.
PUBLIC HEALTH AND SAFETY
Proposed School Facility
5.4-5 Project implementation would not emit hazardous emissions or handle hazardous
materials within one-quarter mile of an existing or proposed school. Less than
significant impact.
Facts Supportinc Findinc
The Project includes the conceptual siting of a school. CEQA establishes a special
requirement for certain school projects, as well as certain projects near schools, to
ensure that potential health impacts resulting from exposure to hazardous materials,
wastes and substances will be carefully examined and disclosed. Prior to the purchase,
dedication, and/or construction of a school site, all requirements of State Guidelines ~
15186 and Division 20 of the Health and Safety Code must be met.
Due to the historic use of the Project site for agricultural activities and oil drilling, the
portions of the site not sampled and remediated have the potential to contain hazardous
materials. As indicated in Section 5.3.4, REGULATORY SETTING, the DTSC is
responsible for the oversight of the siting of schools. Therefore, the proposed location of
the proposed school shall be confirmed and approved by DTSC prior to construction.
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Long-Term Maintenance and Operation
5.4-6 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 Supportinc Findinc
The Kern County and Incorporated Cities Hazardous Waste Management Plan (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
Project within a newly developing residential area surrounded by open space, Project
implementation would not promote the transport of hazardous materials within the
Project area.
Delivery trucks often times haul "household" chemicals commonly found in grocery
stores and/or commercial uses. Although no roadways within the vicinity of the Project
site are specifically identified as Truck Routes within the Circulation Element of the
Metropolitan Bakersfield General Plan, the potential exists for the incidental transport of
materials/chemicals along surrounding 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 to acceptable levels. As described above, there
are several Federal, State and local regulatory agencies that 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.
5.4-7 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. Less than significant impact. Compliance with State
and applicable local regulations would reduce potential impacts to less than
significant levels.
Facts Supportinc Findinc
Future on-site uses include 3,104 residential units and approximately 30 acres dedicated
for a school site and park areas. Therefore, the on-site storage and use of hazardous
materials may include fire suppression substances, fuel, cleaning solvents, fertilizers,
pesticides and other materials used in the regular maintenance of residential structures.
With proper use and disposal, these chemicals are not expected to result in hazardous
or unhealthful conditions for nearby residents or maintenance workers. Future on-site
uses would be required to comply with all applicable local, State, and Federal
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regulations and policies regarding hazardous materials. Less than significant impacts
are anticipated in this regard.
Cumulative Impacts
5.4-9 The 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 Supportino Findino
The primary types of hazardous material-related impacts attributable to the construction
of the Project are from the handling of contaminated soil and materials during
construction. Any contaminated material encountered during the construction of the
Project, or any of the other projects in the vicinity shall be handled, transported, and
disposed in accordance with all applicable laws, regulations and agency oversight.
Therefore, adverse cumulative impacts are not anticipated.
AIR QUALITY
Air Quality Conformity Analysis
5.8-3 Impacts associated with the Project may conflict with the applicable air quality
plan. Long-term emissions would be offset by Project buildout. Less than
significant impact.
Facts Supportino Findino
The Air Quality Attainment Plan recognized growth of the population and economy within
the air basin. The plan predicted the workforce in Kern County to increase along with a
2.2 percent population increase annually from 2002 to 2030 (i.e., 62 percent total
increase uncompounded for 28 years). Due to the Project being fully mitigated, there is
no impact contribution. Therefore, with the implementation of the Emissions Reduction
Program, the Project would be fully compliant with the Air Quality Attainment Plan.
Cumulative Impacts
5.8-4 Impacts on regional air quality resulting from the Project and cumulative projects
may impact existing regional air quality levels on a cumulative basis. Analysis
has concluded that less than significant cumulative impacts would occur.
Facts Supportino Findino
The maximum predicted impacts were compared to the California and National Ambient
Air Quality Standards (CMQS and NMQS). The impacts of all pollutants except for
PM1Q and PM2.5 are below the applicable standards. Therefore, the impacts of these
pollutants from stationary sources are considered less than significant. In addition, due
to the fact that the Project emissions would be mitigating emissions to zero, the Project
would not contribute to the deterioration of the local air quality and would not impede
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progress toward attaining the California State Implementation Plans (SIP). Therefore, a
less than significant impact would result.
BIOLOGICAL RESOURCES
Special Status Plants
5.9-2 Project construction would permanently impact a total of approximately 634
acres; however, since the original native habitat of the site has been changed by
oil exploration, illegal off-road vehicle use and illegal dumping, 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 Supportino Findino
On-site vegetation is greatly disturbed and consists of both disturbed native and non-
native species. The Biota Report concludes that no evidence of any Federal and State
Threatened or Endangered plant species was found on the Project site. Therefore,
development of this Project is not expected to result in any adverse impacts to any
special status plant species. Additionally, no wetlands or riparian habitat exists on the
Project site, therefore, the Project would not result in significant impacts to riparian or
wetlands habitat.
CULTURAL RESOURCES
Cumulative Impacts
5.10-3 Cumulative development may adversely affect cultural resources. Resources are
evaluated and mitigated on a project-by-project basis. Less than significant.
Facts Supportino Findino
Potential impacts would be site specific and an evaluation of potential impacts would be
conducted 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
5.11-4 Development of the Project site would create an additional demand on Parks and
Recreation facilities. Analysis has concluded that although impacts are less than
significant, the Project shall be subject to Bakersfield Municipal Code
requirements for Parks and Recreation facilities.
Facts Supportino Findino
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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.
The City of Bakersfield Recreation and Parks Department requires that neighborhood
parks be developed at a minimum rate of 2.5 acres per 1,000 persons. Therefore,
according to the City's generation rate, 23.4 acres of land is required on-site for
recreational uses. Although an estimated 23.4 acres is needed to serve the Project site,
the Developer has allocated approximately 30-acres for public parks on-site.
Water Resources
5.11-5 Implementation of the Project would not require the expansion of existing water
distribution or supply facilities within the Project area. Less than significant
impact.
Facts Supportino Findino
The Water Supply Assessment concluded that for an 18 to 20 year future planning
period, the Bakersfield District has more than adequate water supplies to meet the
Project demands associated with the development in addition to those of its existing
customers as well as other anticipated future uses under normal, single dry year and
multiple dry year conditions.
Cal Water will provide the Applicant with a will serve letter indicating its intention to
provide water services to future residents of the Project site. The infrastructure required
for a complete water system will include transmission lines, a distribution system, meters
and a meter reading system. Cal Water will be responsible for compliance with state
and city standards with respect to pipe sizes, fire flows, equipment, materials, valves,
appurtenances and interties with Cal Water's Bakersfield system. Cal Water's
Bakersfield District supported by its engineering, water quality and customer's service
staff in San Jose, will be responsible for providing ongoing operations and maintenance
services for the constructed water facilities.
Sewer Services
5.11-6 Implementation of the proposed Project would not result in the increase in
demand or expansion of sewer services. Less than significant impact.
Facts Supportino Findino
According to the City of Bakersfield Public Works Wastewater Division, 3,181 dwelling
units have the capacity to produce approximately 893,000 gallons of wastewater per
day. The City of Bakersfield Northeast Sewer Study Master Plan is proposing a 30-inch
sewer main that shall be extended to the Project site. The proposed sewer system is
anticipated to traverse the Project site from the northeastern corner of the site to the
southern portion of the Project area at approximately 25 cubic feet per second. The
Project site will be serviced by Wastewater Treatment Plant Number 2. Currently, Plant
2 has an excess capacity of 8.0 mgd. Since the Project site has the capacity to produce
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approximately 893,000 gallons of wastewater per day, Plant 2 has more than adequate
capacity to service the Project site.
Natural Gas
5.11-9 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 Supportinc Findincs
According to PG&E, no natural gas facilities are present within the boundaries of the
Project site. The closest gas line is located along Highway 184, along the western and
northern portions of the Project site. PG&E indicated that the existing gas facilities can
be extended to furnish gas services to the Project. On average, 0.04 million cubic feet
per hour is consumed per household. According to PG&E, an eight-inch diameter
pipeline has the capacity to supply gas to the 3,104 residential units. Currently,
mitigation measures were not identified for the Project; however, the Project Contractor
shall coordinate with PG&E staff early in the planning stages to ensure that any
necessary upgrades to on-site gas distribution facilities are implemented in such a
manner as not to disrupt services off-site and to be of adequate capacity to serve
ultimate site development.
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 and
Relevant Planning, Geologic and Seismic Hazards, Hydrology and Water Quality, Public Health
and Safety, Aesthetics/Light and Glare, Traffic and Circulation, Noise, Air Quality, Biological
Resources, Cultural Resources, Public Services and Utilities and Mineral Resources.
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
Short-Term Construction
5.1-1
Construction of the proposed Project may temporarily result in increased
amounts of local airborne and particulate matter, as well as an increase in traffic
congestion, noise levels, adverse visual impacts and related effects, thereby
causing short-term construction-related impacts to surrounding uses, or between
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developed phases of the Project and construction of later phases. Construction-
related impacts are temporary and would cease upon project completion. This is
considered a less than significant impact with implementation of mitigation
measures provided in the appropriate sections of this document.
Facts Supporting Finding
Project construction-related activities would primarily affect immediate uses surrounding
the Project site or developed areas of the Project from construction of later phases.
Dust generation due to typical construction and grading activities can be anticipated to
temporarily increase local airborne and particulate matter. However, construction-
related dust is more of a nuisance than a serious health threat, and would be offset
through standard construction practices (see Section 5.8, AIR QUALITY). Construction
equipment and staging areas may be unsightly for adjacent residents and motorists,
although vehicle staging and materials stockpiling will be removed as far as practicable
from adjacent residences. Construction activities will also temporarily increase noise
due to on-site construction activities. However, these impacts would be short-term in
nature and are not expected to continue after build-out of the Project. In addition, prior
to construction, the Project applicant or contractor will be required to submit a
construction Traffic Management Plan (TMP), which will include restrictions on the hours
and routes for construction traffic, as well as construction traffic safety measures.
Specific impact discussion and mitigation related to air quality, noise and traffic
interruption are discussed in the appropriate sections of this EIR.
Mitigation Measure 5.1-1 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.1-1 Refer to mitigation measures in Sections 5.5, AESTHETICS, LIGHT AND
GLARE, Section 5.6, TRAFFIC AND CIRCULATION, Section 5.7, NOISE, and
Section 5.8, AIR QUALITY.
On-Site Land Use Compatibility
5.1-2 Implementation of the proposed Project would result in the phased elimination of
open space as land uses are developed, thus resulting in potential land use
conflicts between developed urban uses and open space. Development of the
Project site in accordance with the design and policy standards as set forth by
the City of Bakersfield would reduce impacts to a less than significant level.
Facts Supporting Finding
As discussed in Section 3.0, PROJECT DESCRIPTION, future development of on-site
uses will include residential uses as well as a school/park, streams, ponds, and a trail
system. The proposed land uses are considered internally compatible with one another
since the proposed recreational and circulation features are considered complimentary
to the proposed residential uses. Further, by clustering the residential uses according to
their respective densities, compatibility between the varying densities is ensured through
the provision of adequate separation and buffers. Although the ultimate size and
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orientation of these uses are undefined at this time, the Project will be developed
according to applicable Metropolitan Bakersfield General Plan guidelines and Municipal
Code development standards. Less than significant impacts are anticipated in this
regard.
Mitigation Measure 5.1-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.1-2 No mitigation measures have been identified. The Project development shall be
in accordance with the design and policy standards as set forth by the City of
Bakersfield.
Land Use Compatibility Off-site
5.1-3 Implementation of the proposed Project may result in land use compatibility
impacts to surrounding uses. Impacts would be reduced to Jess than significant
levels with implementation of required mitigation for noise, traffic and air quality;
refer to appropriate sections of this EIR.
Facts Supportino Findino
Land use compatibility is primarily determined by the sensitivity of one land use to the
characteristics associated with another land use (i.e., noise, activity level, density,
appearance, etc.). The Project's compatibility with surrounding uses is largely based on
the interaction of the proposed use and the extent to which adjacent land uses would be
affected by this interaction. Short-term impacts associated with these issues are
discussed in detail in the respective sections of this EIR document (refer to Section 5.6,
TRAFFIC AND CIRCULATION, Section 5.7, NOISE, and Section 5.8, AIR QUALITY).
Concerns associated with viewshed and noise impacts on nearby residents are
specifically addressed in Section 5.5, AESTHETICS, LIGHT AND GLARE and Section
5.7, NOISE.
As the Project site is currently undeveloped, the existing residential uses adjacent to the
southeast corner have the benefit of being located adjacent to undeveloped open space.
However, as discussed above, the City has acknowledged and anticipated the
development of this site as part of the Metropolitan Bakersfield General Plan. The
proposed uses are considered compatible with the existing Metropolitan Bakersfield
General Plan land use and zoning designations for undeveloped properties that adjoin
the site to the north and west. It should also be noted that existing land use
designations and planned residential development projects, most notably to the north
and west, are evidence that similar and compatible urbanization is already planned for
areas in the Project vicinity.
Although the Project would alter current conditions on the site, implementation of
sensitive design features, including appropriate setbacks, edge treatment concepts, and
property line transitional elements would serve to minimize impacts to adjacent uses.
Potential compatibility impacts would be mitigated to less than significant levels with
adherence to applicable design standards set forth in Chapter 17 of the Bakersfield
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Municipal Code and with implementation of required mitigation measures identified
throughout this EIR document.
Mitigation Measure 5.1-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.1-3 No mitigation measures have been identified. The Project shall be in accordance
with the design and policy standards as set forth by the City of Bakersfield. Refer
to mitigation measures in Sections 5.5, AESTHETICS, LIGHT AND GLARE,
Section 5.6, TRAFFIC AND CIRCULATION, Section 5.7, NOISE and Section 5.8,
AIR QUALITY.
GEOLOGIC AND SEISMIC HAZARDS
Soil Erosion
5.2-1 Future development of the proposed Project site could result in substantial soil
erosion. Implementation of required mitigation measures would reduce impacts
to a less than significant level.
Facts Supportino Findino
On-site grading shall occur in conformance with established City engineering guidelines
and shall be balanced on-site. Grading and slope contouring shall adhere to appropriate
provisions as set forth in the Bakersfield Municipal Code. Compliance with this measure
is subject to review and approval by the City Engineer through the development review
process. Additionally, the Contractor will be required to submit a Storm Water Pollution
Protection Plan (SWPPP), which includes erosion control measures in order to comply
with the NPDES requirements of the Federal Clean Water Act (CWA).
Earthwork would also be performed in conformance with approved grading plans and
any applicable geotechnical reports prepared for future developments on-site. The
overall shape, height, and grade of any cut and fill slope contour shall be developed in
concert with the existing natural contours and scale of the natural terrain. The graded
form shall reflect the natural, rounded terrain, wherever possible. The grading plan shall
also reflect a contouring and landscaping program intended to control erosion.
Compliance with this measure is subject to review and approval by the City Engineer
through the development review process.
Mitigation Measures 5.2-1 a through 5.2-1c of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.2-1 a
Prior to issuance of grading permits for each development, a site specific
soils report shall be completed to the satisfaction of the City Engineer,
that further characterizes and analyzes on-site soil conditions, and
identifies appropriate measures to be implemented to control erosion and
dust. The results of the study shall be used as the basis to complete the
required Storm Water Pollution Prevention Plan (SWPPP), which includes
erosion control measures in order to comply with the National Pollution ~ 'Q"'K~1>
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Discharge Elimination System (NPDES) requirements of the Federal
Clean Water Act. Temporary, construction-related and permanent
erosion control measures may include but not be limited to the use of
sandbags, hydroseeding, landscaping and/or soil stabilizers.
5.2-1 b
The overall shape, height and grade of any cut and fill slope contour shall
be developed in concert with the existing natural contours and scale of
the natural terrain, as prescribed in the Bakersfield Municipal Code. The
graded form shall reflect the natural, rounded terrain, wherever possible.
The grading plan shall also reflect a contouring and landscaping program
intended to control erosion. Compliance with this measure is subject to
review and approval by the City Engineer through the development
review process.
Fault Rupture
5.2-2 Future development associated with the Project site could potentially expose
people or structures to effects associated with the rupture of a known earthquake
fault. Compliance with the Bakersfield Municipal Code, the Uniform Building
Code, and recommended mitigation would reduce impacts to less than significant
levels.
Facts Supportinc Findinc
Two surface ruptures associated with the 1952 Bakersfield Earthquake are located in the
northeastern corner of the Project site, one being an Alquist-Priolo Special Study
Earthquake Fault Zone and a 1952 Bakersfield Earthquake Surface Fault Trace. As
these faults are the result of the 1952 Bakersfield Earthquake, they are not consider a
seismic fault and are therefore unable to create an earthquake. However, the faults
have the potential to experience seismic movement because of an earthquake on other
regional faults. A subsurface investigation that includes exploratory trenching will be
required to analyze existing and potential fault hazards associated within the Alquist-
Priolo Special Study Earthquake Fault Zone. If discovered, setbacks would be required
from active or potentially active fault traces. Due to the large area of the Project site and
the relatively small area encompassed by the Earthquake Fault Zone, the impact to the
site would be minimal if setbacks are implemented. Commonly, setback areas are
designed with passive land use considerations such as parks, open space lots and
street parkways. Structures proposed for the Project site shall be constructed in
compliance with the Bakersfield Municipal Code and CBC. Therefore, less than
significant impacts are anticipated.
Mitigation Measure 5.2-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.2-2
Applicant shall submit a Geotechnical Report in accordance with the
Alquist-Priolo Special Study Earthquake Fault Zone Act prior to
subdivision of land. This investigation shall include exploratory trenching
to analyze existing and potential fault hazards associated within the 'Q"'K~
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Alquist-Priolo Special Study Earthquake Fault Zone identified to the
northeast portion of the site, as indicated in the Geological and
Geotechnical Engineering Assessment. The subsurface investigation(s)
within the Aliquist Priolo Fault Zones shall be performed to provide the
adequate level of information to adequately establish appropriate
setbacks and siting of future structures. Future development shall not
occur in these areas until further investigations conclude otherwise to the
satisfaction of the City Planning Director. The subsurface investigation(s)
shall investigate and document the following:
. A subsurface exploration program consisting of
backhoe/excavator trenches will be required within the limits of the
State delineated Earthquake Hazard Zone. The trenches should
cover the entire width of the zone and shall be a sufficient depth to
penetrate beneath near surface soils into the underlying Kern
River/Older Alluvial surfaces. The trench walls shall be logged at
sufficient detail; generally one inch equals five feet, to evaluate the
presence or absence of fault breaks. If faulting is identified and it
is determined that the faults are active or potentially active, it will
be necessary to establish structure setbacks from the surface
travel of the fault. These setbacks commonly extend about 25 to
50 feet on either side of the fault trace/zone, and may be as wide
as 100 feet, depending upon the perceived nature of the fault
rupture.
. Habitable structures, which are defined as any structure with a
planned minimum of 2,000 man hours of occupancy per year, are
not allowed in the setback zone. Accordingly, the planned
residential structures would not be permitted in the setback zone.
Seismic Ground Shaking
5.2-3 Future development on-site would increase the number of people and structures
exposed to effects associated with seismically induced ground shaking.
Implementation of the required mitigation would reduce this potential impact to a
less than significant level.
Facts Supportino 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 San Andreas, Garlock, Breckenridge-Kern Canyon, Sierra Nevada and White
Wolf faults, all of which are considered active. Due to the site's proximity to several
faults located in the area, ground shaking could be substantial. These impacts
associated with seismically induced ground shaking are considered potentially
significant. To ensure the safety of life and property, future development on the Project
site will be designed in strict accordance with the minimum earthquake regulations of the
CBC, and the Bakersfield Municipal Code relating to grading and slope contours. To
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development, an engineering geologist would perform additional design-level
geotechnical studies and submit to the City for approval. The implemented mitigation
measures would reduce potential impacts with seismic ground shaking to a less than
significant level.
Mitigation Measure 5.2-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.2-3 Engineering design for all future structures shall be based on the
probability that the Project area will be subjected to strong ground motion
during the lifetime of development. Seismic ground shaking shall be
incorporated into design and construction in accordance with the CBC
requirements.
Landslides
5.2-5 Implementation of the proposed Project has a low potential of exposing people to
seismically induced landslides. However, due to the existing terrain, adherence
to mitigation measures would be required. Implementation of the required
mitigation measures would reduce this potential impact to a less than significant
level.
Facts Supportino Findino
As previously mentioned, the Project site is located in the rural northeast area of
Metropolitan Bakersfield. The northeast area consists of slopes exceeding 20 percent
and elevations exceeding 1,000 feet. However, the Project site is characterized by
relatively gentle topography with elevations ranging from 915 feet above msl in the
northeast corner of the site to 685 feet above msl at the southern property line. Future
development of the Project site could potentially be significantly impacted by seismically
induced landslides resulting from strong ground motion from nearby earthquakes,
erosion, or adverse conditions created during grading activities. As such, future
development of the site would require strict adherence to the CBC, the Bakersfield
Municipal Code, and standard engineering practices and design criteria. Specific slope
stability calculations, analysis and the design of slopes are required during future
geotechnical studies prior to construction. Potential impacts associated with seismically
induced lands ides would be less than significant following compliance with required
mitigation measures.
Mitigation Measure 5.2-5 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.2-5 To ensure stability, created slopes shall be keyed, benched and compacted to
the satisfaction of the City Engineer. Specific slope stability calculations,
analysis and design of slopes shall be conducted and submitted to the City
Engineer for approval prior to issuance of grading permits.
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Expansive Soils/Slope Stability
5.2-6 Future development of the Project site could potentially expose people or
structures to soil expansion and slope stability as a result of on-site slope/soil
stability characteristics. Implementation of the required mitigation measures
would reduce this potential impact to a less than significant level.
Facts Supportino Findino
The development of the Project has the potential to expose future residents and building
structures to soil expansion and poor slope stability due to the topography and soil
characteristics, described in 5.2-1, EXISTING CONDITIONS. There is a potential for soil
expansion on-site as the characteristics of the sandy gravel are described as having the
potential to vary from non-expansive to highly expansive. In order to reduce potential
stress and structural damage on the proposed structures, future development of the site
would require strict adherence to the UBC and the Bakersfield Municipal Code in order
to reduce impacts to less than significant levels.
Although the soil characteristics located on-site are described as being loose and
subject to raveling, erosion, or near surface failures, implementation of mitigation
measures outlined in the CBC and the Bakersfield Municipal Code will increase slope
stability for the future development of the Project.
Mitigation Measures 5.2-6a through 5.2-6d of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.2-6a
5.2-6b
5.2-6c
5.2-6d
Cut slopes which expose loose sands and gravels shall be required and
include over excavation and replacement with a drained stabilization fill.
Fill slopes shall be designed at a two to one ratio (or flatter), in a
horizontal to vertical direction. Locally steeper fill slopes shall be
considered but should be constructed with geosynthetics to enhance the
shear strength of fill materials. Higher compaction standards, which are .
typically 93 percent of the laboratory maximum dry density, should be
implemented in deeper fills of greater than 40 feet to enhance
engineering characteristics and reduce the amount of potential
settlement. Subsurface drainage devices should be installed below fills to
intercept and direct water that may seep from the bedrock or be
introduced from the surface.
Natural slopes that expose loose sands and gravels shall require and
include over excavation and replacement with a drained stabilization
fill/shear key.
To ensure stability of expansive soils, the following techniques must be
followed: proper design of foundations, slabs, streets and other
improvements subject to the influence of soils; over excavation of the
expansive soils and replacement with less expansive fill soils; utilizing
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below foundation elements; employment of presaturation techniques to
lessen expansion potential; control of surface and subsurface drainages
to prevent moisture variations; and combinations of these various
techniques.
Cumulative Impacts
5.2-8 The proposed Project, combined with future development, may result in
increased short-term impacts such as erosion and sedimentation, and long-term
seismic impacts within the area. Mitigation is incorporated on a project-by-
project basis to reduce impacts to a less than significant level.
Facts SupportinQ FindinQ
Cumulative effects related to geology resulting from the implementation of future
development of the site and surrounding areas could expose more persons and property
to potential impacts due to seismic activity. Short-term cumulative impacts such as
erosion and sedimentation may occur. Long-term impacts related to geology include the
exposure of people to the potential for seismically induced ground shaking.
Implementation of other cumulative projects would incrementally increase the number of
people and structures subject to a seismic event. Seismic and geologic significance
would be considered on a project-by-project basis through the preparation of a design-
level geotechnical study and such exposures would be minimized through strict
engineering guidelines. Therefore, cumulative effects of increased seismic risk would be
mitigated to a less than significant level. Mitigation measures are listed below for the
Project to minimize Project related impacts.
Mitigation Measure 5.2-8 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.2-8 No mitigation measures beyond the goals, policies and implementation
measures identified in the Metropolitan Bakersfield General Plan are required.
HYDROLOGY AND WATER QUALITY
Flood Hazards
5.3-1 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 including detention
basins for runoff detainment and Planned Drainage Area (PDA) fees, impacts
associated with increased runoff would be reduced to a less than significant
level.
Facts SupportinQ FindinQ
The entire Project site is within the boundaries of the PDA and would be subject to the
requirements of the Bakersfield Municipal Code. Adherence to this provision is achieved
with the payment of fees used for the purposes of defraying the costs of constructing
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planned drainage facilities and sewers. Currently the PDA is subject to a fee of $1,896
per acre or approximately $1,202,064 for the Project site. Potential increases in runoff
are expected to be nominal due to the incorporation of the facilities proposed in the PDA.
Although the Project site is not within the Kern River Designated Floodway or within the
FEMA flood hazard zones, it cannot be assumed that no additional flood hazards exist
within these locations. The future increase in development would increase surface water
runoff, contributing to additional storm water flows. If determined necessary through
additional site-specific hydrological analysis, developable areas could potentially require
mitigation on a project-by-s basis to accommodate the increased surface flows. Based
on available information, impacts are anticipated to be less than significant with the
mitigation measures discussed below. The mitigation measures are required to confirm
the adequacy of drainage facilities.
Impacts of Proposed Roadways
Although not currently a part of the GPA and zone change, the site includes plans for
future construction of arterial streets, collector streets and residential streets to
accommodate the area. These planned street segments would alter the natural flow
conditions, thereby resulting in impacts to the existing hydrologic and drainage patterns.
These potential impacts would be mitigated to a less than significant level with the
installation of drainage facilities along the proposed roadway to provide adequate
hydraulic capacity.
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:
5.3-1 a
Prior to the approval of final Project plans and specifications, the City
Engineer, or his designee, shall confirm that required design elements
have been incorporated so that the Project site will be adequately
protected from the 100-year storm, will not adversely impact downstream
properties and is designed in conformance with applicable City and
County requirements.
Drainage system design requirements for the future developments and all
future roadways shall include, but not limited to:
5.3-1 b
. Future on-site roadways shall be designed to accommodate
adequate flow capacity.
. Appropriate minimum stormdrain pipe size diameter as specified by
the City Engineer.
. Stormdrain flow velocity limitations as specified by the City Engineer.
5.3-1 c
Adherence to the City of Bakersfield Municipal Code is achieved with the
payment of fees used for the purposes of defraying the costs of
constructing planned drainage facilities and sewers. Currently the
Breckenridge Planned Drainage Area is subject to a fee of $1,896 per ~ 'Q"'Kcl)
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acre or approximately $1,202,064 for the Project site. Proof of payment
shall be provided to the Public Works Department prior to the recordation
of Final Tract maps.
Water Quality
5.3-3 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 implementation of mitigation measures and
incorporation of NPDES requirements.
Facts Supportino Findino
The Project includes drainage systems (including creek type swales and the use of
grade control to create pools, culverts, storm drains, catch basins, inlets and pipes),
within roads or open space and park areas to collect and convey upstream runoff from
vacant areas as well as runoff from the developed portions of the Project site into the
downstream existing natural canyon basin. Rip-rap, rock and energy dissipaters are
proposed at each storm drain outlet to ensure that runoff velocities and erosion rates
would not exceed those observed under existing conditions.
Additionally, future proposed developments that involve grading and construction would
contribute to an increase in pollution discharge. Individual development projects would
be required to mitigate short-term construction impacts pursuant to the NPDES criteria
and standards on a project-by-project basis. The purpose of the NPDES permit is to
ensure the Project area will eliminate or reduce construction related sediments and
pollutants during storm water runoff. Construction sediment erosion can be adequately
controlled through the application of standard construction BMPs. The goal of BMPs is
to capture and treat "first flush" storm water run-off generated by surrounding and on-site
watersheds. Water quality management BMPs for grading and construction scenarios
may include the use of sand bags and straw bales for run-off diversion and velocity
reduction, mulch topping, hydro-seeding and siltation fencing to prevent soil loss and
measures to minimize vehicular leaking and spilling. Implementation and compliance
with mitigation measures and the NPDES requirements would reduce construction-
related impacts to water quality to a less than significant level.
Mitigation Measures 5.3-3a through 5.3-3c of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
Durino Construction
5.3-3a
The Project shall comply with the State's General Construction Activity
Storm Water Permit and the General MS4 Permit. To do so, the project
construction sites must ensure, as a minimum, that: (1) sediments
generated on the Project site are retained using adequate treatment
control or structural control BMPs; (2) construction-related materials,
wastes, spills, or residues are retained at the Project site to avoid "'K
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5.3-3b
5.3-3c
discharge to streets, drainage facilities, receiving waters, or adjacent
properties by wind or runoff; (3) non-storm water runoff from equipment
and vehicle washing and any other activity are contained at the Project
site; and (4) erosion from slopes and channels are controlled by
implementing an effective combination of BMPs, such as, for example,
limiting of grading scheduled during the wet season; inspecting graded
areas during rain events; planting and maintenance of vegetation on
slopes and covering erosion susceptible slopes.
Prior to approval of individual development projects, the Director of Public
Works or his/her designee, shall confirm that the plans stipulate that prior
to issuance of any grading permits, the Project Applicant shall be
responsible for filing a Notice of Intent (NOI) and for filing the appropriate
fees pursuant to the NPDES program. The Project contactors shall
incorporate stormwater pollution control measures into a SWPPP. BMPs
shall be implemented to the maximum extent possible. 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. A Standard Urban Storm
Water Mitigation Plan (SUSMP) shall be implemented as required in the
NPDES permit for the area of the Project site draining to the Kern River.
During construction, erosion control techniques to retain soil and
sediment on the site should be implemented. Future projects shall
exercise special care during the construction phase to prevent any off-site
impacts. Particular attention must be paid to large mass-graded sites
where the potential to the erosive effects of rainfall and wind is great.
Erosion control measures and temporary desiltation/detention basins
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.
5.3-4 The development (post-construction) of the Project could result in an increase in
Significance: Impacts would be reduced to less than significant levels with the
implementation of mitigation measures and incorporation of NPDES
requirements.
Facts Supportino Findino
It should be noted that the first storm events typically have higher concentrations of
pollutants due to accumulation of pollutants during the dry months. In general, storm
events occurring later in the wet season will have lower concentrations as less time
elapses between storm events and less accumulation occurs. With proper
implementation of the proposed BMPs, given the low expected pollutant concentrations
generated from the site, and the anticipated low concentrations of some of the pollutants
of concern relative to the regulatory criteria, it is not expected that there would be
detrimental effects to the receiving waters from these identified pollutants.
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The Project will require a combination of BMPs which would increase source controls
such as the use of pet waste collection bags, distribution of pest waste education
materials, adequate connection and maintenance of sewer lines. With proper
implementation of the recommended BMPs, the post-development pathogen levels are
expected to be less than significant.
Mitigation Measure 5.3-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-4 Post-construction (operation) BMPs, as indicated in the Water Quality
Report shall be implemented to reduce Project impacts to surface water
quality.
PUBLIC HEALTH AND SAFETY
Short-Term Construction
5.4-1 Project construction activities have the potential to encounter known hazardous
materials or wastes. Less than significant impact with incorporation of mitigation
measures.
Facts Supporting Finding
Several agencies have published documents that list businesses or properties that have
handled hazardous materials or waste or may have experienced site contamination.
The governmental sources provided by VISTA reported that no regulatory sites are
located within the Project site. However, file reviews conducted at the RWQCB
indicated that spills have occurred within the Project site and review of DOGGR files
indicated that several oil drilling wells are located within the Project site. Chevron files
were reviewed as well. Due to the presence of wells on-site and the historic spills,
potential for existing or previously remediated RECs was found.
As noted above, the Phase I ESA and Phase" ESA revealed the presence of several
RECs including aboveground storage tanks, oil well casings and drilling pads near
former well locations, and hydrocarbon staining on surficial soil. The Phase " ESA
indicated that elevated concentrations of diesel, gasoline, volatile organic compounds,
hydrocarbons and metals are present within the on-site soils.
Based on the conclusions rendered in the Phase I ESA and Phase " ESA, conditions
exist on-site that may potentially compromise Project construction or acquisition of
construction easements. Although the Closure Report indicated that the contaminated
soils have been removed, other areas of the Project site have the potential to have
contaminated soils (including the Ant Hill Oil Field). Therefore, implementation of
mitigation measures identified at the end of this section would serve to reduce these
potential hazardous material impacts to less than significant levels.
Mitigation Measure 5.4-1 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
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5.4-1 b
Prior to recordation of a final map, it shall be confirmed that on-site soils
within the Project site are cleaned to appropriate regulatory cleanup
levels. All contaminated soil locations identified shall be remediated
below hazardous levels established by Title 22 of the California Code of
Regulations and to the satisfaction of the Kern County Environmental
Health and Safety Department (KCEHSD) and the Department of Toxic
Substance Control (DTSC). General remediation measures may include,
but not be limited to the following:
· Excavation and disposal at a permitted, off-site facility;
· On-site treatment; or
· Other procedures deemed appropriate by the identified agency with
closure responsibilities.
Prior to development the Applicant shall remove and properly dispose of
the on-site ASTs, trash and miscellaneous debris at an approved landfill
facility. The areas beneath and around the removed debris and ASTs
shall be visually inspected. Any stained soils observed underneath the
debris and ASTs shall be sampled. If concentrations of materials are
detected above regulatory cleanup levels during demolition or
construction activities, the general remediation measures listed above
shall be implemented.
5.4-2 Project construction activities have the potential to create a significant hazard to
the public through foreseeable upset and accidental conditions. Less than
significant impact with incorporation of mitigation measures.
Facts Supportino Findino
Due to the potential presence of soil contamination (see Impact Discussion 5.4-1,
above), future construction activities have the potential to result in a release of
hazardous materials into the environment and the accidental release of hazardous
substances such as petroleum-based fuels used for construction equipment. The level
of risk associated with the accidental release of hazardous substances is considered
significant due to the potential volumes and concentrations of hazardous materials
present within the on-site soils and utilized during construction. The project contractor
will be required to use standard construction controls and safety procedures that would
avoid and minimize the potential for accidental release of such substances (petroleum
based fuels) into the environment. Additionally, the contaminated soil will be required to
be remediated to a level considered non-hazardous. Standard construction practices
would be observed such that any materials released are appropriately contained and
remediated as required by local, State and Federal law. Implementation of mitigation
measures would reduce these impacts to less than significant.
Mitigation Measure 5.4-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.4-2
Refer to Mitigation Measure 5.4-1 a, above.
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Valley Fever
5.4-3 Grading within the boundary of the Project may lead to the release of fugitive
dust and spores causing Valley Fever. Mitigation, which reduces fugitive dust
emissions, would reduce impacts to a less than significant level.
Facts Supportino Findino
If Valley Fever spores occur within the boundaries of the 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. Any future development would be required
to implement 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 5.8, AIR QUALITY). The long-term covering of portions of the
Project site with landscaping material, and/or impervious roadway surfaces would
reduce the long-term potential release of Valley Fever spores to a less than significant
level.
Mitigation Measures 5.4-3a and 5.4-3b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.4-3a
Refer to Section 5.8 AIR QUALITY, regarding fugitive dust mitigation
measures.
5.4-3b
All areas with bare soil exposed as a result of Project earthwork activities
shall be landscaped at the earliest time possible or stabilized by watering
when winds exceed 20 miles per hour (mph) in order to reduce the
potential inhalation of spores causing Valley Fever.
Oil Production Facilities
5.4-4 Several abandoned and active petroleum production wells are located within and
adjacent to the Project site's boundary, therefore, health and safety risks are
present. Less than significant impact with incorporation of mitigation measures.
Facts Supportino Findino
The Project site comprises Section 21 of Township 29 South, Range 29 East, Mount
Diablo Base and Meridian (MDBM). There are thirteen (13) oil wells located within
the Project site (one active, two inactive and 10 abandoned). Stockdale Oil and Gas,
Inc. indicates they currently have only one active oil well operating within Section 21.
This change reflects the recent approvals of two permits (July 7, 2006) by DOGGR
where Stockdale Oil and Gas, Inc. was given approval to cease oil operations and
properly clean, plug and abandon two oil wells within the Olcese pool area of the Ant
Hill Oil Field within the Project site. In addition, Stockdale Oil and Gas, Inc. indicates
that a new oil well is planned to be drilled in this same Olcese pool area of the Ant
Hill Oil Field within the Project site, but the specific location has yet to be determined.
In an attempt to reduce complaints and necessary investigations undertaken by the
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Kern County Environmental Health and Safety Department (KCEHSD), 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 oil/mineral
extraction 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
and odors. It has been determined that the use of real property for oil
extraction 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 oil extraction operations if such operations are consistent
with accepted customs, standards, and laws. "
Mitigation Measures 5.4-4a through 5.4-4c of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.4-4a
5.4-4b
5.4-4c
Refer to Section 5.12, MINERAL RESOURCES, for a detailed discussion
of required mitigation measures.
Prior to the construction, the Project contractor shall coordinate with
DOGGR to verify that the existing abandoned wells meet current closure
requirements. Should abandonment or reabandonment be required,
appropriate closure activities shall be completed under consultation with
the DOGGR. Verification of adequate abandonment or reabandonment
shall be provided to the Planning Director prior to the recordation of any
final map affected.
Prior to development, the applicant shall inform future residents about
adjacent oil production activities 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 adjacent land
uses consist of petroleum production and that such activities can cause
inconveniences or discomforts arising from such operations on any 24-
hour basis.
Wildland Fire Threat
5.4-8 The Project will be impacted by the threat of wildland fires. Less than significant
impact with incorporation of mitigation measures.
Facts Supportino Findino
The Project site and the surrounding vicinity are primarily covered with annual
grasslands. While there are no significant areas of wildland or trees are located near the
Project site, the grassfires currently pose a significant fire threat when fanned by wind
and the affects of topography. Dead grass within the vicinity of the Project site poses a
serious threat due to its fast moving ability and the ease of ignition.
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Although the Project is not subject to the Bakersfield Municipal Code, Chapter 17.66, HD
(Hillside Development) Combining Zone, due to the potential for fire threat, Chapter
17.66, Section 17.66.160 (Defensible Space), shall be implemented. Implementation of
this measure would reduce the threat of wildland fire threat on the Project site.
Additionally, it should be noted that the proposed development, grading, infrastructure
and landscaping would remove nearly all the grasslands, eliminating the fire danger on
the site.
Mitigation Measure 5.4-8 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.4-8 During construction, Chapter 17.66, HD (Hillside Development)
Combining Zone, Section 17.66.160, Defensible Space of the Bakersfield
Municipal Code, as follows, shall be implemented:
"Maintain around and adjacent to any such building or structure a
firebreak made by removing and clearing away, for a distance of no less
than 30 feet on each side thereof or to the property line, whichever is
nearer, all flammable vegetation or other combustible growth. This
section does not apply to single specimens of trees, ornamental
shrubbery, or similar plants which are used as groundcover, if they do not
form a means of rapidly transmitting fire from the native growth to any
building or structure. "
AESTHETICSILlGHT AND GLARE
Off-Site
5.5-3 Future development allowed under the proposed General Plan Amendment and
zone change may alter views to the surrounding area. Analysis has concluded
that less than significant visual impacts would occur with incorporation of
required mitigation measures.
Facts Supportino Findino
As stated in the previous Impact Statement and analysis, the ultimate conversion of the
634-acre undeveloped Project site to suburban uses represents a significant and
unavoidable on-site aesthetic impact. Notwithstanding that conclusion, potential view
impairments to the foothills are not considered to be significant, as future site
development would be guided by the applicable Metropolitan Bakersfield General Plan
polices, as well as implementation actions set forth in the Land Use and Open Space
Elements. Implementation of the grading standards outlined in the Bakersfield Municipal
Code would serve to minimize obstructions for off-site and on-site viewers. This action
is enforced through environmental and design reviews, which conducted on a site-
specific, project by project basis to ensure visual aesthetic affects are limited to the
greatest extent possible. As noted previously, with the implementation of mitigation
measure, disturbed grasses would be replaced with ornamental landscaping to provide
visual relief from Project structures. Additionally, all arterials, collectors and local streets
within the Project would have a limit on the maximum grade allowable via the City's 'QAK~
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Geometric Design of Highways and Streets policy (Mitigation Measure 5.5-2b). View
impairment impacts are therefore considered less than significant with implementation of
Mitigation Measures 5.5-2a and 5.5-2b.
Mitigation Measure 5.5-1 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.5-3 Refer to Mitigation Measures 5.5-2a and 5.5-2b.
Light and Glare Impacts
5.5-4 The Project would generate additionallightlglare beyond existing conditions due
to street lighting and project-related vehicular traffic. Less than significant impact
with incorporation of mitigation measures.
Facts Supportinc Findinc
Implementation of the Project would convert the Project area to a suburban, built
environment, and resulting in the introduction of light into the area. Lighting associated
with the Project would introduce new sources of light and glare. Sources of light would
include safety lighting for streets; lighting associated with the residential properties
recreational facilities, school, parking lot lighting, sign lighting and security lighting. If
this lighting is not adequately directed toward its intended use, it may cause spill-over
and glare that would present a nuisance to surrounding residential uses. Additionally,
excessive light spill-over may act as a deterrent to wildlife in sensitive habitat areas
during evening hours, and may present a nuisance or potential safety hazard by
distracting motorists. In addition to light created by the proposed on-site uses, the
increased traffic in the area would create additional sources of light and glare.
The Metropolitan Bakersfield General Plan contains goals and policies that would serve
to reduce aesthetic impacts associated with light and glare. The Project would be
required to undergo specific environmental and design review by the City. As part of the
review process, light shields may be required to prevent light spill-over and glare onto
future on-site and existing surrounding residential properties.
Additionally, exterior lighting would be implemented pursuant to standards and
specifications contained in Bakersfield Municipal Code Section 13.12.030 (B),
Subdivision Design Manual and other applicable standard manuals referenced under
Section 13.12.030 (B) which include minimization measures for outside lighting to utilize
low pressure sodium lighting and/or the provision for lighting to be shielded and filtered
according to wattage and lamp type.
Implementation of the required mitigation measures and proper lighting techniques,
compliance with the Metropolitan Bakersfield General Plan and Bakersfield Municipal
Code as well as environmental and design review, would reduce future Project impacts
to less than significant levels.
Mitigation Measures 5.5-4a and 5.5-4b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
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5.5-4a
Prior to recordation of final maps, the Project Applicant shall provide
specifications for outdoor lighting locations and other intensely lighted
areas. The specifications shall identify minimum lighting intensity needs
and design light fixtures to direct light toward intended uses. Methods to
reduce light impacts shall include low-intensity light fixtures and hooded
shields.
5.5-4b
Prior to recordation of final maps, the Project Applicant shall submit and
obtain City approval of lighting plans. The lighting plans shall verify that
outdoor lighting on private residences is designed so that all direct rays
are confined to the site and that adjacent residences are protected from
substantial light and glare.
TRAFFIC AND CIRCULATION
The circulation plan that was included in the DEIR had not been approved by the City of
Bakersfield at the time of the release of the DEIR for public review and was inconsistent with the
goals and policies of the Metropolitan Bakersfield General Plan. Since the release of the DEIR,
the City and the applicant have agreed upon a revised circulation plan. This revised circulation
plan was recommended by the City of Bakersfield Public Works Department and is consistent
with the General Plan. Even though there have been alterations to the circulation plan for the
Project, the mitigation and findings of the Riverview Traffic Study are still valid and applicable to
the new circulation plan.
Short-Term (Construction) Impacts
5.6-1 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.
Facts Supportinc Findinc
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 Project. The TMP would delineate all road closures, provisions to
maintain access to nearby residential properties at all times, adequate sign-postings,
detours, provisions for pedestrian, bicycle transportation and permitted hours of
construction activity. Proper detours and warning signs will 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. Due to the relatively
rural nature of the Project and surrounding vicinity, implementation of the TMP and
required mitigation would result in less than significant impacts.
Mitigation Measures 5.6-1a and 5.6-1b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
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5.6-1 a
5.6-1 b
With submittal of a grading plan, 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. 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.
Proper detours and warning signs shall be established 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
5.6-2 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 Supporting Finding
As described in Section 3.0, PROJECT DESCRIPTION, the General Plan Amendment
(GPA) and zone change would allow the development of up to 3,181 residential units at
buildout, 1,907 single-family units and 1,274 multi-family units. The Project also includes
an amendment to the Metropolitan Bakersfield General Plan Circulation Element. This
amendment to the circulation system involves the realignment of Edison Road. The
traffic analysis, including the 2030 street network analysis includes the proposed
Circulation Element Amendment. With the proposed improvements for 2030 conditions,
the circulation system including the proposed changes would operate at acceptable
levels. The traffic related to the Project was calculated in accordance with the following
accepted procedural steps: (1) Trip Generation, (2) Trip Distribution and (3) Traffic
Assignment.
Mitigation Measure 5.6-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.6-2 Refer to Mitigation Measures 5.6-6a and 5.6b, below.
Access
5.6-3 Future development of the site would require secondary access to provide
adequate site circulation and emergency access. Analysis has concluded that
with incorporation of required mitigation measures, impacts are less than
significant.
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Facts Supportino Findino
Access to the Project site will be provided from the north along Masterson Street, from
the east via a connection to Comanche Drive, from the south via Edison Drive and from
the west via Chase Avenue. These access points will connect to the proposed interior
street system, specifically Edison Road (proposed to traverse the Project site) and what
is currently named A Street and B Street. The City of Bakersfield policy requires
secondary access point be provided on developments over 200 residences. Therefore,
the construction of a secondary access would be required prior to recordation of the
200th residential unit on-site for each phase of development. With incorporation of
mitigation measures, impacts will be reduced to less than significant.
Mitigation Measure 5.6-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.6-3 Prior to recordation of the 200th residential unit on-site in each phase of
construction, secondary access to the phase under construction shall be
available to allow for adequate circulation and emergency access.
Interim Traffic (2009,2015 and 2017 Conditions)
5.6-4 Implementation of the proposed Project, during construction, may cause a
significant increase in traffic when compared to the traffic capacity of the street
system and may exceed an established LOS standard. With incorporation of
required mitigation measures impacts are less than significant.
Facts Supportino Findino
Traffic analysis was conducted based on the phasing program for the Project. It is
anticipated that the Project would be constructed in four phases, with the final phase
being complete in year 2017. The annual growth factors for north-south facilities is
estimated at approximately three percent per year, while traffic along east-west facilities
is expected to grow at approximately six percent per year. These annual growth factors
were applied to the existing traffic volumes to develop the future background traffic and
then the specific traffic associated with the Project were added to the street network.
All studied intersections will operate at an acceptable LOS after implementation of the
required mitigation measures. It should be noted that as Project traffic increases
throughout the addition of phases, Project traffic that enters and exits via the two access
points are likely to shift to account for delays. By Phase III, the connection along Edison
Road to the south may become a necessary improvement.
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 described in Impact Statement 5.6-6, above.
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Alternative Transportation Systems
5.6-5 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 Supportinc Findinc
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.
Transit service within the Metropolitan Bakersfield area consists of approximately one
percent of the total travel. In accordance with the goals and policies of the General Plan,
the Project Applicant shall work with the GET and Kern Transit to locate bus stops as
close as possible to the Project site in an effort to provide residents with sufficient
access to public transit service.
The City implements a Metropolitan Bakersfield General Plan Bikeway Mater Plan (Plan)
to link schools, civic centers, services areas, parks, employment centers, and regional
bike paths. As indicated above, the Plan identifies a future bikeway along Highway 178,
and along Comanche Drive. No bikeways currently exist within the vicinity of the Project
site. In order for the Project site to be accessible via bikeways, mitigation measures,
listed below, shall be implemented.
Pedestrian travel accounts for approximately eighty percent of the total travel in the
metro area of Bakersfield. Both the city and the county require installation of sidewalks
in conjunction with development. Sidewalks will be required to allow for safe and
convenient pedestrian movement and will connect with sidewalks planned for adjacent
developments.
Future development on-site will be designed to facilitate safe pedestrian and bicycle
travel. Currently, the proposal does not include pedestrian or bicycle crossing locations
at any point along a highway. Pedestrian and bicycle crossings of highways (Le., Taft
Highway) are subject to the review and approval of the California Department of
Transportation (Caltrans) and must meet stringent safety requirements. Actual location
of pedestrian/bicycle road crossings, connections to parks, and other recreation areas
will be considered during the development review process upon receipt of definitive site
plans.
Development of the Project site in accordance with the goals and policies of the General
Plan and site plan review by the City, GET and Kern Transit would serve to enhance
alternative modes of transportation within the Project area. This is seen as a long-term
beneficial impact.
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Mitigation Measure 5.6-5 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.6-5 Prior to development, the City shall update the Metropolitan Bakersfield
General Plan Bikeways Master Plan to reflect bikeways implemented as
part of the Project.
Cumulative Traffic (2030 Conditions)
5.6-6 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 Supporting Finding
Existing vacant land within the Project vicinity is undergoing the processes to transition
to residential and commercial land uses. The rates were developed based on a review
of historical growth rates in the Project vicinity and KernCOG's TPPLUS traffic model for
the year 2030. Based on City and County established thresholds of significance, the
addition of Project-generated trips is forecast to result in a significant impact under future
with Project PM peak-hour conditions. Mitigation is required to lessen the future with
Project PM peak-hour conditions impact to a less than significant level.
Overall, with adherence to the Metropolitan Bakersfield RTIF, applicable goals and
policies of the Metropolitan Bakersfield General Plan, implementation of the Project's
pro-rata share of the recommended improvements and consideration of future circulation
improvements on a project-by-project basis, cumulative traffic impacts would be
mitigated to less than significant levels.
Mitigation Measures 5.6-6a and 5.6-6b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.6-6a
Prior to issuance of building permits, the Project Applicant shall comply
with the City's Regional Transportation Impact Fee Program (RTIF) in
accordance with the standard residential, commercial, and industrial per-
lot rate.
5.6-6b
For impacted intersections subject to fair-share improvements (refer to
Tables 5.6-12 and 5.6-14), the Project Applicant shall participate in the
improvements required on a pro-rata fair-share basis, as indicated in
Table 5.6-17 (Future Intersection Improvements and Local Mitigation).
NOISE
Short-Term (Construction) Impacts
5.7-1
Grading and construction within the Project area would result in temporary noise
impacts on nearby noise sensitive receptors. Analysis has concluded that
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temporary construction noise would result in a less than significant impact with
compliance with City policies and implementation of mitigation measures.
Facts Supportino Findino
Construction activities would include earthmoving, demolition, grading, construction of
buildings and paving. Construction activities generally have a short and temporary
duration, lasting from a few days to a period of several months. The noise generated by
equipment and experienced at surround uses during construction would vary hourly,
daily and weekly, due to the number and types of equipment used. Groundborne noise
and other types of construction-related noise impacts would typically occur during the
initial site preparation, which can create the highest levels of noise; but is also generally
the shortest of all construction phases. High groundborne noise levels and other
miscellaneous noise levels can be created by the operation of heavy-duty trucks,
backhoes, bulldozers, excavators, front-end loaders, compactors, scrapers and other
heavy-duty construction equipment. Operating cycles for these types of construction
equipment may involve one or two minutes of full power operation followed by three to
four minutes at lower power settings. Other primary sources of acoustical disturbance
would be random incidents, which would last less than one minute (such as dropping
large pieces of equipment or the hydraulic movement of machinery lifts).
In order to estimate the "worst case" construction noise levels that may occur during the
early phases, it has been assumed that one scraper would operate in the vicinity of the
property boundaries. According to Table 5.7-9, a scraper generates an average noise
level of 80 dBA at a distance of 100 feet. The nearest proposed residential property
within Phase 1 is approximately 85 feet from the boundary of Phase 2. At this distance
the average noise level from the scraper would be approximately 77 dBA. Similarly, the
average noise level from the scraper would be approximately 75 dBA at the nearest
proposed residence in Phase 2, which is located approximately 115 feet from the
boundaries of Phase 3 and Phase 4. Lastly, the scraper noise level is estimated to be
84 dBA at the nearest proposed residence in Phase 3, which is located approximately 40
feet from the boundary of Phase 4. However, as construction activities would be
temporary in nature and are required to comply with City noise standards, the impacts
associated with on-site construction noise would result in a less than significant impact.
Mitigation Measures 5.7-1 a through 5.7-1d of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.7-1a
Prior to issuance of grading permits, the contractor shall provide evidence
acceptable to the City Building 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 6:00 AM to 9:00 PM on
weekdays and 8:00 AM and 9:00 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.
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Riverview Development
GPAlZC 06-0961
SCH NO. 2006061040
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5.7-1b
5.7-1c
5.7-1d
During construction, stationary construction equipment shall be placed
such that emitted noise is directed away from noise-sensitive receptors,
to the satisfaction of the Building Official.
Prior to approval of the Project plans and specifications by the City
Building Department, the construction contractor shall incorporate
feasible 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 plans and specifications prior to approval by the City Building
Department, shall stipulate 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
5.7-3 Project implementation would generate additional vehicular travel on the roadway
network, thereby resulting in permanent on-site noise level increases. Analysis
has concluded that with the incorporation of required noise attenuating design
features and mitigation measures, long-term vehicular- related noise would not
exceed the City of Bakersfield's 65 dB CNEL compatibility standard for future on-
site residences. Less than significant impact.
Facts Supportina Findina
Standard residential building construction is typically assumed to provide a noise
reduction of 20 dB with doors and windows closed. However, when applying this to the
exterior noise levels, it may be concluded that the City of Bakersfield's interior CNEL
standard of 45 dB would be exceeded at the residential locations listed above.
The CNEL at the nearest proposed Park to Edison Road would be approximately 66 dB.
At the school and the interior park the CNEL would be approximately 65 dB or less. As
these levels are less than the City of Bakersfield's standard of 70 to 75 dB; the impacts
associated with on-site mobile source noise impacts are not considered to be significant
at the school and park site. However, it is recommended that additional noise analysis
be conducted prior to the issuance of building permits to ensure that adequate noise
mitigation is provided to meet the City of Bakersfield noise standards for the residences
that would be subjected to mobile noise impacts in excess of the City standards. With
implementation of the required mitigation and require policies set forth by the City of
Bakersfield, impacts would be less than significant for on-site traffic noise.
Mitigation Measures 5.7-3a through 5.7-3e of the Final EIR reduces impacts below a
level of significance. The measures are as follows:
5.7 -3a
Noise barriers (i.e., walls and/or earthen berms) shall be constructed at
the following proposed-single and multi-family residential locations:
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GPAlZC 06-0961
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5.7-3b
5.7 -3c
.
Minimum 5 feet - high barriers around rear yards, patios and
balconies within 56 feet of the centerline of A Street, east of Edison
Road;
Minimum 5 feet - high barriers around rear yards, patios and
balconies within 121 feet of the centerline of B Street, east of Edison
Road;
Minimum 5.5 feet - high barriers around rear yards, patios and
balconies within 174 feet of the centerline of Edison Road north of B
Street;
Minimum 5 feet - high barriers around rear yards, patios and
balconies within 64 feet of the centerline of Edison Road between B
Street and Chase Avenue;
Minimum 5 feet - high barriers around rear yards, patios and
balconies within 92 feet of the centerline of Edison Road south of A
Street;
Minimum 5 feet - high barriers around rear yards, patios and
balconies within 352 feet of the centerline of SR-178 east of Kern
Canyon Road; and
Minimum 5 feet - high barriers around rear yards, patios and
balconies within 554 feet of the centerline of Kern Canyon Road, west
of SR-178.
.
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After the precise grading and plot plans have been developed, and prior
to the issuance of building permits, a final acoustical analysis shall be
conducted to verify the adequacy of the noise barriers and to make
changes as necessary to achieve compliance with the City of Bakersfield
exterior noise standards.
Sound-related windows and entry doors shall be installed at future
residential buildings located:
. Within 56 feet of the centerline of A Street east of Edison Road;
. Within 121 feet of the centerline of B Street east of Edison Road;
. Within 174 feet of the centerline of Edison Road north of B Street;
. Within 64 feet of the centerline of Edison Road between B Street and
Chase Avenue;
. Within 92 feet of the centerline of Edison Road south of A Street;
. Within 352 feet of the centerline of SR-178 east of Kern Canyon
Road; and
. Within 554 feet of the centerline of Kern Canyon Road west of SR-
178.
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5.7 -3d
5.7 -3e
After the plot plans and architectural drawings have been developed, and
prior to the issuance of building permits, a final acoustical analysis shall
be conducted during the building design of the on-site structures to verify
compliance with the City of Bakersfield Interior noise standard.
Mechanical ventilation shall be installed at all proposed residential
buildings located adjacent to A Street, B Street, Edison Road and in the
near vicinity of Kern Canyon Road and SR-178 since the interior noise
standards are to be met with windows and doors closed. After the plot
plans and architectural drawings have been developed, and prior to the
issuance of building permits, a final acoustical analysis shall be
conducted during the building design of the on-site structures to verify
compliance with the City of Bakersfield interior noise standard.
Stationary Source Impacts
5.7-4 Implementation of the Project would result in the generation of on-site noise
associated with future residential units. Analysis has concluded that impacts
would be less than significant with the implementation of required mitigation
measures.
Facts Supportino Findino
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/spa equipment,
woodworking and home repair. 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 Metropolitan Bakersfield 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 residential property line. Thus,
noise impacts from the residential uses are anticipated to be less than significant in this
regard.
Mitigation Measures 5.7-4a through 5.7-4d of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.7-4a
As a condition of approval, when a site plan with sufficient detail is
available, a final acoustical analysis shall be conducted to the satisfaction
of the City Planning Department to confirm that electrical and mechanical
equipment (i.e., ventilation and air conditioning units and pool equipment)
is specified in a manner that complies with the Noise Level Performance
Standard (NLPS) limit of 50 dBA. The NLPS shall be applicable on any
residential lot other than the lot in which it sited. In multi-family projects,
the individual units shall be considered as individual residential uses and
private areas such as patios and decks shall be subject to the
requirement.
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GPAlZC 06-0961
SCH NO. 2006061040
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5.7 -4b
5.7 -4c
5.7 -4d
AIR QUALITY
Residential buildings shall be located at least 65 feet from the fence line
of Cesar Chavez Science Magnet School. The actual need for mitigation
measures shall be assessed in an acoustical analysis to be conducted
during the design phase of the Project.
Tot lots at the proposed parks shall be located at least 110 feet away
from a residential property line. An alternative to this is to construct a
noise barrier at the residential property line to reduce the noise levels that
will be experienced at the neighboring residential properties. The actual
need for mitigation measures shall be assessed in an acoustical analysis
to be conducted during the design phase of the Project.
Play field(s) at the proposed school shall be located at least 65 to 355
feet away from a residential property line. An alternative to this is to
construct a noise barrier at the residential property line to reduce the
noise levels that may be experienced at the neighboring residential
properties. The actual need for mitigation measures shall be assessed in
an acoustical analysis to be conducted during the design phase of the
Project.
Short-Term (Construction) Emissions
5.8-1 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 Supportino Findino
During construction, heavy-duty vehicles, construction worker vehicles, energy use and
asphalt paving would generate emissions. In addition, fugitive dust would be generated
by grading and construction activities. Other aspects of the individual building projects
could include architectural coatings applied to the proposed land uses as well as mobile
emissions from workers arriving and leaving the construction site.
Control measures are required and enforced by the SJVUAPCD under Regulation VIII.
As stated in the GAMAQI, the SJVUAPCD guidance document, implementation of these
control measures would result in short-term emissions that are considered less than
significant for particulate matter. The following three rules related to fugitive dust control
apply to this Project:
. Rule 8011 Fugitive dust administrative requirements for control of fine particulate
matter;
. Rule 8021 Fugitive dust requirements for control of fine particulate matter from
construction, demolition, excavation, extraction, and earthmoving activities; and
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. Rule 8071 Fugitive dust requirements for control of fine particulate matter from
vehicle and/or equipment parking, shipping, receiving, transfer, fueling and
service areas one acre or larger.
Short-term emissions associated with the Project are anticipated to be less than
SJVUAPCD significance threshold levels for ROG but above SJVUAPCD significance
thresholds for NOx. The maximum ROG emissions are estimated at 7.28 tons per year
and the maximum NOx emissions are estimated at 11.50 tons per year. It should be
noted that these emissions are temporary in nature and would cease once the Project
has been built out.
The developer's compliance with the Emissions Reduction Program would result in a
reduction of the ambient concentration ROG, NOx and PM10 in sufficient quantities to
fully mitigate the Project's air quality impacts to the extent that the development of the
Project will result in no net increase in criteria pollutant emissions over the criteria
pollutant emissions which would otherwise exist without the development of the Project,
all as verified by the San Joaquin Valley Unified Air Pollution Control District. Therefore,
construction related emissions would be less than significant.
Mitigation Measures 5.8-1a through 5.8-1d of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.8-1a
To minimize engine exhaust emissions during Project construction, the
Applicant shall implement the following measures:
. 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.
. Construction equipment shall operate no longer than eight cumulative
hours per day.
. All construction vehicles shall be equipped with proper emission
control equipment and kept in good and proper running order to
reduce NOx emissions.
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On-Road and Off-Road diesel equipment shall use aqueous diesel
fuel if permitted under manufacturer's guidelines.
.
On-Road and Off-Road diesel equipment shall use diesel particulate
filters if permitted under manufacturer's guidelines.
.
On-Road and Off-Road diesel equipment shall use cooled exhaust
gas recirculation (EGR) if permitted under manufacturer's guidelines.
.
Use of Caterpillar pre-chamber diesel engines or equivalent shall be
utilized if economic and available to reduce NOx emissions.
.
All construction activities within the Project area shall be discontinued
during the first stage smog alerts.
.
Construction and grading activities shall not be allowed during first
stage ozone alerts. First stage ozone alerts are declared when the
ozone level exceeds 0.20 ppm (1-hour average).
5.8-1 b
Construction of the Project requires the implementation of control
measures set forth under Regulation VIII of the San Joaquin Valley
Unified Air Pollution Control District (SJVUAPCD) Fugitive PM10
Prohibition. The following mitigation measures, in addition to those
required under Regulation VIII of the SJVUAPCD, shall be implemented
to reduce fugitive dust emissions:
. Water previously disturbed exposed surfaces (soil) a minimum of
three-times/day or whenever visible dust is capable of drifting from the
site or approaches 20 percent opacity.
. Water all haul roads (unpaved) a minimum of three-times/day or
whenever visible dust from such roads is capable of drifting from the
site or approaches 20 percent opacity.
. All access roads and parking areas shall be covered with asphalt-
concrete paving or water sprayed regularly.
. Dust from all on-site and off-site unpaved access roads shall be
effectively stabilized by applying water or using a chemical stabilizer
or suppressant.
. Reduce speed on unpaved roads to less than 15 miles per hour.
. Install and maintain a trackout control device that meets the
specifications of SJVUAPCD Rule 8041 if the site exceeds 150
vehicle trips per day or more than 20 vehicle trips per day by vehicle
with three or more axles
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SCH NO. 2006061040
5.8-1 c
5.8-1d
.
Stabilize all disturbed areas, including storage piles, which are not
being actively utilized for construction purposes using water, chemical
stabilizers or by covering with a tarp, other suitable cover or
vegetative ground cover.
.
Control fugitive dust emissions during land clearing, grubbing,
scraping, excavation, leveling, grading or cut and fill operations with
application of water or by presoaking.
.
When transporting materials offsite, maintain a freeboard limit of at
least six inches and cover or effectively wet to limit visible dust
emissions.
Limit and remove the accumulation of mud and/or dirt from adjacent
public roadways at the end of each workday. (Use of dry rotary
brushes is prohibited except when preceded or accompanied by
sufficient wetting to limit visible dust emissions and use of blowers is
expressly forbidden).
.
.
Stabilize the surface of storage piles following the addition or removal
of materials using water or chemical stabilizer/suppressants.
.
Remove visible track-out from the site at the end of each workday.
.
Cease grading activities during periods of high winds (greater than 20
mph over a one-hour period).
.
Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and
restrict use of cutback, slow-cure and emulsified asphalt paving
materials.
.
Grading should be conducted in phases.
.
Project site shall not be cleared of existing vegetation cover until
required by construction.
.
The Project developer shall revegetate graded areas as soon as it is
feasible after construction is completed.
Prior to issuance of any building permits, Contractors and/or the
Developer shall submit a written statement to the City of Bakersfield
Planning Department stating that they shall maintain records
documenting compliance with all mitigation measures as required and
shall make such records available to the SJVUAPCD upon request.
Prior to the issuance of any building permits, Contractors and/or the
Developer
authorized
equipment
shall submit a written statement that they will allow an
representative of the SJVUAPCD to review construction
activity and mitigation measure records for the purpose of t>.K
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assuring compliance with the applicable requirements of these mitigation
measures and all tract development requirements.
Long-Term (Operational) Impacts
5.8-2 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 the required
Project Design Features and Mitigation Measures, combined mobile and area
source emissions would not exceed SJVUAPCD thresholds for NOx and ROG.
Analysis has concluded that impacts would be mitigated to a less than significant
level.
Facts Supportino Findino
The Project operational emissions would be generated by, area sources and mobile
sources as a result of normal day-to-day activities on the Project site after occupation.
These emissions would be generated by the consumption of natural gas for space and
water heaters. Emissions would also be generated during the operation of landscape
maintenance equipment, and from consumer products. Mobile emissions would be
generated by the motor vehicles traveling to and from the Project site, including heavy-
duty diesel trucks.
The developer's compliance with the Emissions Reduction Program would result in a
reduction of ambient concentrations of ROG, NOx, and PM10 emissions in quantities
sufficient to fully mitigate the Project's air quality impacts to the extent that the
development of the Project would result in no net increase in criteria pollutant emissions
over the criteria pollutant emissions which would otherwise exist without the
development of the Project, all as verified by the San Joaquin Valley Unified Air Pollution
Control District. Additionally, there would not be any impacts related to visibility, toxics,
carbon monoxide hot-spots, or odors.
Mitigation Measure 5.8-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.8-2 Prior to the issuance of grading permits, the Project Applicant shall
demonstrate that the following features have been incorporated into the
Project design:
. Sidewalks shall be installed on both sides of the streets; and
. Bike lanes shall be installed on arterials and collectors.
BIOLOGICAL RESOURCES
Sh()rt-Term (C()nstructi()n) Impacts
5.9-1
Construction of the Project would result in temporary impacts to biological
resources in the Project area. Project adherence to all applicable construction
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minimization measures outlined throughout this EIR, would reduce impacts to
less than significant levels.
Facts Supportinc Findinc
Grading activities would disturb soils and result in the accumulation of dust on the
surface of leaves, trees, shrubs and herbs in the Project area. 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 consists of disturbed native and non-
native species. Implementation of standard dust suppression measures identified in
Section 5.9, AIR QUALITY, would serve to reduce construction-related dust generation.
Therefore, the indirect effect of impaired respiration by existing plant species on and in
the vicinity of the Project site is considered less than significant.
Noise levels on the Project site during construction of the Project would likely increase
above existing noise levels then return to a lower level following the completion of the
construction period. However, temporary increases in noise levels are unlikely to impact
wildlife because animals in the Project vicinity are limited. 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 Measure 5.9-1 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.9-1 Refer to mitigation measures provided in Section 5.8, AIR QUALITY.
Special Status Wildlife
5.9-3 Due to the existing on-site and surrounding conditions, potential impacts to
special status wildlife species are not expected to occur. However, due to the
potential evidence of a burrowing owl and an observed San Joaquin kit fox,
conformance to the MBHCP would be required to reduce impacts to less than
significant levels. Less than significant impact with incorporation of mitigation
measures.
Facts Supportinc Findinc
Compliance with the MBHCP is intended to conserve entire communities and
ecosystems and prevent the loss of species and habitats. The impacts on habitat for
special status species located on-site, including the burrowing owl and the San Joaquin
kit fox, would 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
Project.
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As stated above, the burrowing owl is neither Threatened nor Endangered by Federal or
State agencies, but is identified by the CDFG as having a Special Concern status and is
protected by the Migratory Bird Treaty Act. According to the Biota Report, potential owl
burrows were observed on-site during field reconnaissance. Owl burrows consist of
abandoned holes of other animal species and thus, there is potential of for the existing
holes to be occupied prior to construction. Therefore, the development of the Project
has the potential to result in a "take" of habitat.
Evidence of the San Joaquin kit fox was found on the Project site, as the kit fox is known
to exist in the general area. Thus, future on-site development could result in adverse
impact or "take" of a Threatened or Endangered animal. Impacts to the San Joaquin kit
fox would be reduced to less than significant through implementation of mitigation
measures.
In addition, the MBHCP requires certain take avoidance measures for San Joaquin kit
fox dens. As there was evidence of current uses on-site by a kit fox and an active den,
the development of the Project has the potential to result in direct and indirect impacts to
the sensitive animal species and their habitat. However, it is possible that new dens
could be excavated or potential burrows could be occupied prior to construction. Agency
guidelines regarding tracking and excavation will be followed to prevent entrapment of
animals in potential dens.
Although the blunt-nosed leopard lizard was not observed during the field survey, the
potential exists for the Federal and State Endangered species to be observed on-site. If
the blunt-nosed leopard lizard is encountered on-site, it is recommended that seventeen
(17) days of protocol level surveys for the blunt-nosed leopard lizard, in accordance with
the guidelines published by the California Department of Fish and Game, Region 4,
Fresno Office, be conducted in the year prior to initial ground disturbance.
Mitigation Measures 5.9-3a through 5.9-3h of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.9-3a
5.9-3b
5.9-3c
Any loss of habitat, or "incidental take" of a sensitive species, other than
the blunt-nosed leopard lizard (Gambelia sila) or the burrowing owl
(Athene cunicularia), would be covered under previously established
mitigation. Therefore, prior to grading plan approval, the applicant shall
pay the habitat mitigation fee in accordance with section 15.78.030 of the
City of Bakersfield Municipal Code and the MBHCP.
Prior to initial ground disturbance, 17 days of protocol level surveys for
the blunt-nosed leopard lizards shall be conducted in accordance with the
guidelines published by the California Department of Fish and Game,
Region 4, Fresno Office.
Within 30 days of initial ground disturbance, preconstruction clearance
surveys shall be conducted by a qualified biologist in accordance with the
provisions of the MBHCP. Any potential, inactive or active kit fox dens or
burrowing owl sites identified as unavoidable, be monitored, excavated
and backfilled in accordance with the recommendations of the MBHCP 'O~K~J)
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5.9-3d
5.9-3e
5.9-3f
5.9-3g
5.9-3h
and all guidelines, protocols and other provisions of the CDFG, USFWS,
Migratory Bird Treaty Act, Endangered Species Act and California
Endangered Species Act.
Prior to earth disturbance phases of construction, all construction
personnel shall be trained in sensitive species identification and
avoidance techniques and be instructed to be on the lookout for kit fox
and owl dens during earth disturbance. Any evidence, such as dens,
burrows or potential raptor nests, observed at any time during
construction, shall be promptly reported to the reviewing agencies for
resolution.
During construction, all pipes, culverts or similar structures with a
diameter of four inches or greater shall be kept capped to prevent entry of
the San Joaquin kit fox. If not capped or otherwise covered, the openings
shall be inspected twice daily in the morning and evening and prior to
burial or closure, to ensure no San Joaquin kit foxes or other wildlife
become entrapped or buried in pipes.
Excavations shall be provided with escape ramps or otherwise be
covered to prevent entrapment, or the site shall otherwise be protected
during construction through deployment of a wildlife exclusion fence,
which would eliminate the possibility of ranging animals from being
harmed during construction. Open excavations shall be checked twice
daily, in the morning and evening, to preclude loss of wildlife from
entrapment.
The presence of any previously unidentified protected species, which are
not addressed in the MBHCP shall be avoided and evaluated by a
qualified biologist. The USFWS and CDFG shall be notified of previously
unreported protected species. Any take of protected wildlife shall be
reported immediately to the CDFG and USFWS.
Seventeen days of protocol level surveys for the Blunt-Nosed Leopard
Lizard shall be conducted in accordance with the guidelines published by
the California Department of Fish and Game in the year prior to initial
ground disturbance.
Long-Term Impacts
5.9-4 The Project would result in permanent long-term impacts to biological resources
compared to existing conditions. With implementation of mitigation measures,
impacts would be reduced to less than significant impacts.
Facts SUDDortinQ FindinQ
Future development of the 634-acre Project site would result in the loss of disturbed
native and non-native vegetation associations and the wildlife habitat they provide. Both
disturbed native and non-native habitats within the Project site may provide nesting,'Op.K~1>
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foraging and denning opportunities for a wide variety of wildlife species. However,
disturbed native and non-native habitats generally provide low quality wildlife habitat.
The future removal of disturbed native and non-native habitats within the Project site
would result in the loss of small mammals, reptiles, amphibians and other animals.
The conversion of the Project site from vacant land to residential uses has the potential
to impact small mammals, reptiles, amphibians and other animals of slow mobility that
are present within the Project area. More mobile wildlife species currently using the
Project site would be forced to move into remaining areas of open space, consequently
increasing competition for available resources in those areas. This situation would result
in the loss of individuals within the wildlife population that cannot successfully compete.
The loss of disturbed native and non-native habitats from future on-site development
would not result in any substantial reduction of general wildlife population in the region
because a substantial amount of open space is available adjacent to the Project site.
Therefore, these impacts are considered to be less than significant.
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 and west of the Project site. Therefore,
the permanent noise increase resulting from the Project would be considered less than
significant in regards to wildlife.
Night lighting would increase due to car headlights and Project-related parking and night
lighting during and after completion of the 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 5.5, AESTHETICS/LIGHT AND GLARE, for measures to
reduce light spill over. Therefore, Project-related night lighting would be considered less
than significant.
Extensive litter frequently accumulates around residential and/or commercial
developments. The San Joaquin kit fox and other animals 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 5.9-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.9-4 Lighting shall be shaded or shielded and directed down and away from
adjacent agricultural areas to minimize increased predation of species
that may be using the adjacent agricultural fields. Refer to Section 5.5,
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AESTHETICS/LIGHT AND GLARE, regarding light spill over and glare
mitigation measures.
CULTURAL RESOURCES
Archaeological Resources
5.10-1 Implementation of the proposed Project may cause a significant impact to
unknown archaeological or historical resources on-site. Implementation of the
required mitigation measures would reduce impacts to unknown archaeological
resources to a less than significant level.
Facts Supportinc Findinc
No potentially significant cultural resources were identified on-site. The isolated artifacts
found during the site reconnaissance have been recorded on the State of California,
Department of Parks and Recreation Primary Forms. According to the Cultural
Resources Assessment, this is considered sufficient mitigation. Four recorded cultural
resources were found within the Project area and five reported cultural resources exist
within a half-mile radius. One previous linear survey was conducted within the Project
site; however, no additional cultural resource surveys have been conducted.
As indicated above, the Project site is included in an area that was historically inhabited
during the prehistoric era. It is possible that erosional or depositional processes have
obscured cultural 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 may yet be unearthed during construction.
Ground-disturbing activities for the Project may involve grading for construction and
excavation. Therefore, implementation of the Project has the potential to disturb or
destroy undocumented archaeological or historical resources. Mitigation measures,
such as proper monitoring of Project grading activities and testing of any resources
found as a result of Project development, reduce potential impacts to undocumented
archaeological resources to less than significant levels (refer to Mitigation Measures
5.10-1a and 5.10-1b).
Mitigation Measures 5.10-1a and 5-10b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.10-1 a If archaeological resources are discovered during excavation and grading
activities on-site, the contractor shall stop all work and the City 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.
5.10-1 b If human remains are discovered because of the Project during any earth
removal or disturbance activities, all activity shall cease immediately and
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the Kern County Coroner's Office must be notified 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.
Paleontological Resources
5.10-2 Implementation of the proposed Project may cause a significant impact to buried
paleontological resources on-site. Implementation of the required mitigation
measures would reduce impacts to unknown paleontological resources to a less
than significant level.
Facts Supportino Findino
The Project site is situated on the Kern River Formation, which due to its coarse
characteristics does not have the potential to contain fossil remains. However,
approximately two miles to the northeast of the Project site a fossilized bone fragment
was discovered within a thin redbed area in a roadcut along State Route 178. This
redbed area was considered part of the Kern River Formation. In addition to the coarse
grained strata, the Kern River Formation has finer-grained strata. The potential exists
for fossil remains to be discovered during ground-disturbing activities in the finer-grained
strata and redbed strata of the Kern River Formation and the Older Alluvium within the
Project site.
Ground-disturbing activities for the Project may involve deep grading or excavation. As
a precautionary measure, a qualified paleontologist shall be retained to inspect the
excavations and resultant spill soils for the presence of fossil remains. If potentially
significant fossil remains are identified, appropriate paleontological measures would be
implemented to salvage the materials for study at a local institution, such as the Buena
Vista Museum of Natural History. Implementation of the required mitigation measure
would reduce impacts to a less than significant level.
Mitigation Measures 5.10-2a through 5.10-2g of the Final EIR reduce impacts below a
level of significance. The measures are as follows:
5.10-2a Prior to the issuance of a grading permit, the grading plans shall state that
the developer has retained the services of a paleontologic consulting firm
approved by the City of Bakersfield to implement the mitigation measures.
5. 1 0-2b Prior to the issuance of a grading permit, the grading plans shall state that
the paleontologic consulting firm's principal paleontologist, field
supervisor and/or construction monitor will attend a preconstruction
meeting with grading contactor staff to explain grading contractor
responsibilities in the event fossil remains are encountered, particularly
when a monitor is not on-site.
5.10-2c Prior to the issuance of a grading permit, the grading plans shall state that
the principal investigator will develop a storage agreement with a "'KL-
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museum repository, such as the Natural History Museum of Los Angeles
County or another repository acceptable to the City of Bakersfield.
5.10-2d Prior to the issuance of a grading permit, the grading plans shall state that
the monitor is trained and equipped for the rapid recovery of fossil
remains with minimal construction delay. Initially, monitoring to allow for
the recovery of larger, potentially identifiable fossil remains will be
conducted on a part-time basis when grading is expected to encounter
fine-grained strata. If fossil remains are encountered and with City of
Bakersfield approval, the monitoring rate will be increased in areas
underlain by the fossil-bearing rock unit, at least in the immediate vicinity
of the fossil site. Conversely, if too few or no fossil remains are
encountered after half of earth-moving activities have been completed,
monitoring can be reduced or suspended in areas underlain by the rock
unit. All vertebrate fossil remains and representative samples of
invertebrate and plant remains will be recovered. If necessary to reduce
any construction delay, a piece of heavy equipment and an equipment
operator will be enlisted to assist in recovering an unusually large or
productive fossil occurrence and transporting it to a temporary storage
location. The remains will then be transferred to a laboratory facility for
further treatment. Fossil specimen and site data will be recorded and the
fossil site location plotted on a topographic map of the parcel.
5. 1 0-2e Prior to the issuance of a grading permit, the grading plans shall state that
the monitor, if necessary, will divert an earth-moving activity temporarily
around a newly discovered fossil site until the remains have been
evaluated and, if warranted, recovered, and the activity has been allowed
to proceed through the site by the monitor. If not on site when remains
are encountered by an earth-moving activity, the contractor will have the
activity diverted around the site and will call the monitor to the site to
evaluate and, if warranted, recover the remains.
5. 1 0-2f As part of the monitoring effort, sediment samples not exceeding a total of
3,000 pounds will be collected from fine-grained strata in each rock unit
and processed to allow for the recovery of smaller vertebrate and
invertebrate fossil remains that are too small to be seen by the monitor. If
necessary, the monitor or field technician will divert an earth-moving
activity temporarily around a sampling site until the sample has been
collected and the activity has been allowed to proceed through the site by
the monitor or technician. Sample and sampling site data will be recorded
and the sampling site location plotted on a topographic map of the parcel.
If necessary to reduce any construction delay, a piece of heavy
equipment and an equipment operator will be enlisted to assist in
collecting the sample and transporting it to a temporary storage location.
The sample then will be transferred to a processing facility and
processed. Based on the results of test processing, only productive
samples will be fully processed.
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5.10-2g Prior to the issuance of a grading permit, the grading plans shall state that
any identifiable fossil remains recovered as a result of monitoring or
sample processing will be prepared to the point of identification and to
reduce storage space, identified by knowledgeable paleontologists,
curated, cataloged with specimen and locality numbers provided by the
designated museum repository, and incorporated into the fossil collection
of the repository. Associated specimen data and corresponding site data,
as well as monitoring logs, maps, and photographs, will be archived at the
repository. As appropriate, fossil or sediment samples will be submitted
to commercial laboratories for carbon-14 or microfossil analysis.
Following the completion of earth-moving activities and fossil treatment,
the principal investigator will prepare a final technical report that
summarizes the results of the mitigation program, provides an inventory
of cataloged specimens, and describes the scientific importance of the
specimens. The report will be submitted to the City of Bakersfield and the
museum repository. Submission of the report will signify completion of
the mitigation program.
PUBLIC SERVICES AND UTILITIES
Fire Protection
5.11-1 Implementation of the Project will result in the need for additional fire facilities or
personnel. Compliance with fire safety and staffing standards, requirements and
mitigation measures would reduce potential impacts to less than significant
levels.
Facts Supportino Findino
The City of Bakersfield Fire Department has an existing staffing ratio of 0.79 City fire
personnel per 1,000 persons. Therefore, the City Fire Department will need
approximately seven additional fire personnel in order to maintain the current service
ratio. The City of Bakersfield Fire Department indicated that a future fire station, located
in the vicinity of Masterson Street and the JaunVBarbara intersection, might be
recommended as a result of the anticipated growth within the area. The City of
Bakersfield Fire Station is currently developing a Master Plan in which to accommodate
the future growth within this area.
The 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, this could result in potential delays to emergency response times. This impact
would be temporary and implementation of the provided mitigation measures pertaining
to coordination during construction would 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 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.
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All development on-site shall be subject to the provisions of the Uniform Fire Code and
local amendments, Title 19, 22 and 27 of the California Safety Code Regulations, the
Bakersfield Municipal Code and the National Fire Prevention Association Standards.
Mitigation Measures 5.11-1a through 5.11-1b of the Final EIR reduce impacts below a
level of significance. The measures are as follows:
5.11-1a Future development of the Project shall be reviewed by the City and
County Bakersfield Fire Departments. Specific Department requirements
for access, fire flow, hydrants or other fire and life safety requirements
shall be addressed at the subsequent property entitlement phase.
5.11-1b Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term
construction mitigation measures.
Police Protection
5.11-2 Implementation of the proposed Project will not result in the need for additional
police facilities or personnel. Impacts are reduced to less than significant levels
with compliance with City standards and recommended mitigation measures.
Facts Supportino Findino
The City of Bakersfield Police Department has a current staffing level of approximately
1.3 officers per 1,000 residents. According to the City of Bakersfield Police Department,
based on the current staff, population of Bakersfield, number of proposed residential
units and using 3.014 persons per household; the Police Department would need to be
increased by at least one sergeant, 11 officers and four non-sworn personnel to
adequately service the Project. The Bakersfield Police Department provided several
mitigation measures which are safety components fundamental to any new development
within Metropolitan Bakersfield.
The addition of officers, clerical staff and law enforcement equipment pursuant to
conditions of approval as set forth by the City of Bakersfield would decrease the demand
on existing police services and reduce the significance of impacts to less than significant
levels.
During construction, the Project may result in the need to redirect traffic or block access
routes or residential streets, which could cause potential delays in police response.
Therefore, prior to construction, the Developer shall submit the required Traffic
Management Plan (TMP) to the City of Bakersfield Public Works Department for their
review (refer to Section 5.5, TRAFFIC AND CIRCULATION for more information
regarding the TMP). A TMP shall consist of prior notices, adequate sign posting and
detours (including pedestrian and bicycle uses). The TMP shall specify implementation
timing of each plan element as determined appropriate by the City Engineer. Adequate
access to and from adjacent residential areas is required at all times during construction.
Furthermore, construction areas may require additional police monitoring throughout the
duration of Project construction both during day and nighttime periods. Mitigation
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measures pertaining to coordination during construction are provided to reduce these
temporary impacts to less than significant.
Mitigation Measures 5.11-2a and 5.11-2b of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.11-2a Several project safety components are fundamental in the development of
any new project. These include, but are not limited to:
. The prevention of visual hindrances in regards to public gathering
locations.
. Planning considerations and elimination of traffic hazards at the
Project's conceptual level.
. Preventing the manufacturing of unintentional isolation locations for
individuals while engaged in recreational and/or conveyance in or
around the Project site.
5.11-2b Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term
construction mitigation measures.
Schools
5.11-3 Development of the Project site would generate additional students beyond
existing conditions. Impacts are reduced to less than significant with
implementation of required mitigation measures.
Facts Supportinc Findinc
According to the Kern County Superintendent of Schools, the Project will not have any
environmental impacts on school facilities; however, the development will have a
significant impact on the capacity of Bakersfield City Schools and Kern High School
District's facilities.
The development of the Project would generate additional students beyond existing
conditions and would require the construction of additional school facilities, including the
construction of new schools to serve the increased population. Upon build-out of the
Project site, an elementary school and high school facilities shall be required. In August
2008, the Kern County High School District anticipates the completion of Mira Monte
High, located at the intersection of Rebank Road and Fairfax Road, southwest of the
Project site. Based on the consistent increase in population in Metropolitan Bakersfield,
the Kern County High School District anticipates a continued strong enrollment increase
for the areas served by the existing Foothill High as well as the area surrounding the
future Mira Monte High. Therefore, the Kern High School District will continue to
evaluate the need for an additional high school east of Foothill High in order to
adequately serve the increase in future population.
New development fees are imposed on home-owners for school-related services within
each school district. The statutory fees are authorized under Education Code Section
917620 and Government Code Sections 965995, 65995.6 and 65995.7, amended 'Ot>.K~
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November 4, 1998. Collection of the currently fees will occur at the time building permits
are issued. The statutory fees are based upon the square footage of the residential unit.
Currently, the statutory fee is $2.63 per square foot.
The addition of the anticipated 9,355 new residents from the Project will have an impact
on the school districts and, therefore, will necessitate the construction of additional
school facilities to serve the population. The Project Applicant has reserved
approximately 30-acres on-site for school uses within the Project boundaries, should the
District need the land to accommodate the future enrollment of students. Additionally,
the Project would be required to contribute development impact fees to the school
districts in accordance with the above-mentioned standards and policies. Therefore,
impacts will be reduced to less than significant levels with implementation of mitigation
measures.
Mitigation Measure 5.11-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.11-3
Pursuant to Government Code Sections 965995, 65996 and 65997,
mitigation of the Project's impacts on public school facilities will be limited
to the collection of statutory fees authorized under Education Code
Section 917620 and Government Code Sections 965995, 65995.6 and
65995.7 at the time that building permits are issued. Currently, these
fees are set a $2.63 per square foot, and the amount is subject to
adjustment every two years.
Solid Waste/Landfills
5.11-7 Implementation of the Project would not result in an 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 mitigation measures, impacts would be reduced to less than
significant levels.
Facts Supportino Findino
Project implementation would not adversely impact existing landfill capacities.
According to the Kern County Waste Management Department, approximately 10,593
tons of solid waste per year shall result from the Project (3,181 dwelling units x 3
persons per household x 1.11 lbs).
It is anticipated that the Bena Landfill has adequate capacity to accommodate the
Project. 1 According to the City of Bakersfield Solid Waste Department and the Kern
County Waste Management Department, the Project will not result in the need for
additional facilities; however, future development may result in the County constructing
new landfill cells ahead of schedule causing a budget impact.2 The City of Bakersfield
Solid Waste Department indicated that the implemented recycling programs shall extend
to the Project site in order to maintain recycling goals set forth by the City. Therefore,
1 Correspondence with the Kern County Waste Management Department, July 25, 2006.
2 Letter from City of Bakersfield Public Works Department Solid Waste Division, dated June 14, 2006.
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implementation of mitigation measures would reduce this potential impact to less than
significant levels.
Mitigation Measures 5.11-7a through 5.11-7c of the Final EIR reduce impacts below a
level of significance. The measures are as follows:
5.11-7a 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 of Bakersfield shall be used in all aspects of
construction, when possible.
5.11-7b Prior to development the Project applicant shall submit, for review, a
Construction and Demolition Recycling Plan to the Kern County Waste
Management Department. 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 location of material disposal.
5.11-7c Prior to development, the Project Applicant shall provide universal waste
collection to the Project site along with potential mandatory collection for
curbside recycling.
Electrical Services
5.11-8 Implementation of the Project would require temporary use of electricity during
construction and long-term electric consumption. Less than significant impacts
are anticipated with implementation of mitigation measures.
Facts Supportino Findino
The Project site is currently being served from the Magunden Substation, which is
located at the west end of Mills Street, north of Highway 58 and west of Morning Drive.
Currently, there are various 12-Kilovault (Kv) distribution facilities and a 70-Kv transition
line on the eastern border of the Magunden Substation area as well as power lines along
the southeastern border. These facilities include power lines and other electrical
equipment.
According to PG&E, the Project site is anticipated to have an approximate load of 15-
Megawatt (Mw).3 PG&E indicated that there are no existing facilities on-site; however,
upon build-out of the Project, additional distribution lines and a substation site are
requested southwest of the Project site, which will be adjacent to the existing 70-Kv
transition line.4 Furthermore, it is proposed that additional distribution lines shall be
extended to the Project-site5; however, more information is required pending the final
3 Letter from Pacific Gas and Electric regarding electricity, dated July 25, 2006.
4 Ibid.
S Ibid.
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Site Plan Preparation. PG&E also predicts that the existing 70-kv transition line will be
upgraded in the future to 115-Kv as demands increase in the future.6
Construction of 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. Therefore, implementation of mitigation
measures will ensure that adequate electricity is provided to the Project site; therefore,
resulting in a less than significant impact.
Mitigation Measures 5.11-8a and 5.11-8b of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
5.11-8a All main lines adjacent to roadways shall be brought to the ultimate width
at the initiation of the Project. In addition, utility easements shall be
readily available.
5.11-8b The Project Applicant shall coordinate with PG&E staff early in the
planning stages to ensure that adequate facilities are incorporated into
the Project as soon as possible. In addition, the Project Developer shall
coordinate with PG&E staff prior to construction regarding any potential
service or facility issues.
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 Aesthetics/Light and Glare and Noise.
AESTHETICS, LIGHT, AND GLARE
Short-Term (Construction) Aesthetic Impacts
5.5-1 Grading and construction of individual phases would temporarily alter the visual
appearance of the Project area. Impacts are considered to be significant and
unavoidable during construction due to the proposed 10-year build-out time
frame.
Facts SupportinQ FindinQ
Construction activities associated with the implementation of the Project would alter
views to the Project site from surrounding uses. Project implementation would construct
approximately 3,181 dwelling units within the northerly hillside areas of the Project site.
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Dwelling units would include high-density multi-family residences (approximately 1,274
units) and medium density single-family residences (approximately 1,907 units).
Construction activities associated with the Project would result in the removal of on-site
vegetation. Surrounding views of rural open landscaping (considered high visual quality)
would be replaced with disturbed land and construction activities. Truck traffic,
construction debris and construction equipment (i.e., scrapers, bulldozers and graders)
would be visible from surrounding residential uses and travelers on surrounding roads
during the grading operations.
Visible disturbed land features and construction activities would be reduced by
establishing a visual buffer to the east of development as it occurs within the Project site
through landscaping or berm construction and by providing temporary construction
equipment staging areas that would be utilized throughout the duration of construction.
Screening (e.g., temporary opaque fencing [six feet in height]) would also be used to
buffer views of construction equipment material, when feasible.
Grading and construction for the proposed tentative tracts are planned to occur in
approximate 2.5-year intervals, lasting approximately 10 years, during which the visual
character and quality of the site will be substantially degraded. Typically, construction
impacts are considered less than significant as they are short term. However, the
surrounding residential uses and future on-site residential uses would be exposed to
construction activities for up to 10 years. Although the required mitigation measures
serve to create visual buffers between the residential uses and the construction
activities, visual impacts would remain significant and unavoidable.
Long-Term Aesthetic Impacts
On-Site
5.5-2 Project implementation would permanently alter views of and across the Project
site. The permanent alteration of the site would result in a significant and
unavoidable long-term aesthetic impact.
Facts Supportina Findina
The visual analysis of any project must consider the actual visual quality of the area,
which, in the Project area, is defined by the open space value and the area's rural
characteristic. Another factor is visual sensitivity, which is defined by the public's views
of the Project, the number of viewers and the duration of the view. Therefore, a project
located on a site that has both medium visual quality and medium visual sensitivity
would have the most significant visual impact.
According to the Metropolitan Bakersfield General Plan, the Project site does not include
on-site scenic resources such as rock outcroppings, scenic viewsheds and scenic views.
Implementation of the Project would include residential structures, a school and park
area, recreational facilities, water features and supporting infrastructure. Views to rural
open landscaping would be replaced with suburban development. The primary sensitive
uses whose views would be altered include the surrounding residents to the west and
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north, as well as travelers along Comanche Drive to the east of the Project site and other
surrounding roads.
Per the Metropolitan Bakersfield General Plan EIR, the western view from Comanche
Drive (approximately one mile to the south of Highway 178) toward the Project site is
considered a scenic vantage point. Views from this scenic vantage point consist of rural,
open landscaping and include foreground and middleground views of the Project site.
The visual quality of this scenic vantage point is considered to be medium.
Implementation of the Project would replace the rural, open landscapes with low,
medium and high-density residential structures.
With implementation of mitigation measure, disturbed grasses would be replaced with
ornamental landscaping to provide visual relief from Project structures. All arterials,
collectors and local streets within the Project would have a limit on the maximum grade
allowable via the City's Geometric Design of Highways and Streets policy.
Implementation of the Project would result in a substantial change in the visual character
of the site and would permanently alter a scenic vantage point; therefore, a significant
and unavoidable long-term aesthetic impact would occur.
Cumulative Impacts
5.5-5 Project development, together with cumulative projects, may result in greater
urbanization and the loss of views in undeveloped areas of the northeast portion
of the City of Bakersfield. The Metropolitan Bakersfield General Plan EIR
identifies an unavoidable adverse aesthetic impacts with buildout of the General
Plan.
Facts Supportinc 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 open space
areas. As development occurs throughout the Project area, residents and visitors would
notice the visual effects of increased urbanization. The significance of these
visual/aesthetic changes is difficult to determine since aesthetic value is subjectively
determined and potential impacts are site specific. Security and street lighting would
introduce light and glare to the area. Impacts are typically mitigated separately for each
project. Cumulative impacts can be reduced through the 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.
The Metropolitan Bakersfield General Plan EIR states that development performed in
accordance with the Metropolitan Bakersfield General Plan would convert existing open
space to urban uses, and thus result 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 Project would include an
amendment to the Metropolitan Bakersfield General Plan that would allow development
of urban uses on-site. As such, the Project, together with cumulative development in
northeastern Bakersfield, would exceed the Metropolitan Bakersfield General Plan EIR
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assumptions and conclusions and would constitute a significant and unavoidable
cumulative impact related to aesthetics, light and glare.
NOISE
Off-Site Mobile Source Impacts
5.7-2 Project implementation would generate additional vehicular travel on the
surrounding roadway network, thereby resulting in permanent noise level
increases. Analysis has concluded that long-term noise impacts would be a
significant and unavoidable impact for the analyzed adjacent roadway segments
in the Year 2030 traffic scenario. Analysis has concluded that long-term
vehicular- related noise would exceed the City of Bakersfield's threshold of
significance and would therefore result in a significant and unavoidable impact.
Facts Supportinc Findinc
Future development within the area would result in additional traffic on adjacent
roadways, thereby increasing vehicular noise in the vicinity of existing and proposed
land uses. As discussed in Section 5.6 (Traffic and Circulation), traffic volumes were
analyzed under Existing (Year 2006), Year 2009, Year 2012, Year 2015, Year 2018 and
Future (Year 2030). The Noise Section identifies the estimated future CNEL generated
by the traffic, and indicates whether the increase above future ambient (Le., without
project) traffic noise levels is substantial as defined by the Metropolitan Bakersfield
General Plan Noise Element. The highest noise levels under "Without Project"
conditions would occur along SR-178, west of Fairfax Drive. Under the "With Project"
scenario, noise levels range from approximately 46.5 dBA to 77.5 dBA. The highest
noise levels under "With Project" conditions would occur along SR-178, west of Fairfax
Drive, similar to the "Without Project" scenario. A total of five roadway segments would
result in a substantial increase in off-site mobile source noise impacts as a result of the
Project.
It should be noted that the Project is surround by undeveloped parcels to the east and
south. Noise impacts to these areas would be higher than baseline conditions, but
cannot be accurately predicted until the development proposals for each of these sites
are submitted. However, it is anticipated that there would be a substantial increase in
traffic noise adjacent to the following roadway segments:
. Edison Road, from Kern Canyon to B Street (scenario years 2009 through
2030);
. Edison Road, from B Street to Chase (scenario years 2009 through 2015);
. Edison Road, from Breckenridge to Edison Highway (scenario year 2017);
. Masterson Street, from Kern Canyon to SR-178 (scenario year 2030); and
. Vineland Road, from Pioneer to Kern Canyon (scenario year 2015).
Although a substantial increase in traffic noise would occur along the five road
segments that are adjacent to the undeveloped parcels, the impacts to these properties ~ 'O"'K~-9Ol
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are speculative in nature. However, it is assumed that future noise-sensitive
developments would be required to mitigate the noise impacts to a less than significant
level upon development.
Increases in off-site traffic noise would result in significant and unavoidable increases in
existing residential uses to the north and west. As impacts resulting from increases in
mobile noise sources to the east and south are speculative, the overall off-site mobile
source noise impacts are concluded to be significant and unavoidable.
Cumulative Impacts
5.7-5 Implementation of the Project, combined with cumulative projects, would
increase the ambient noise levels in the site vicinity. Analysis has concluded that
long-term cumulative vehicular- related noise would exceed the City of
Bakersfield's threshold of significance and would therefore result in a significant
and unavoidable impact.
Facts Supportino Findino
Noise by definition is a localized phenomenon, and drastically reduces as distance from
the source increases. Consequently, only projects and growth due to occur in the
general area of the Project site would contribute to cumulative noise impacts. Tables
5.7-12 through 5.7-16 lists the cumulative traffic noise effects along roadway segments
in the Project vicinity between Year 2009 and Year 2030 for "Without Project" and "With
Project" conditions. Under the buildout scenario for Year 2030, the "With Project" traffic
noise levels would increase by a maximum of 16.5 dBA along Edison Highway, between
Fairfax Drive and Morning Drive for Year 2009 and 14.0 dBA for Year 2030, along SR-
178, east of Fairfax Drive. Although development on the Project site as well as the
surrounding area was contemplated in the Metropolitan Bakersfield General Plan, the
exceedences of the noise significance criteria at numerous locations would constitute a
cumulative mobile source noise impact along roadway segments within the study area.
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. As such, it is not anticipated that a significant
cumulative increase in permanent ambient noise levels would occur and the impact
would be less than significant. Consequently, the Project contribution to cumulative
stationary noise impacts is not considered cumulatively considerable.
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 alternatives as follows:
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No Project Alternative
The "No Project/No Development" Alternative assumes that the proposed GPA, zone
change and subsequent development would not be implemented. Under this scenario,
the General Plan Land Use Designation on the Project site would remain ER (Estate
Density Residential, SR (Suburban Density Residential), OS (Open Space) and R-MP
(Resource - Mineral Petroleum); the zoning would remain R-H (Residential Holding).
Additionally, this Alternative assumes that existing land uses on the Project site would
remain unchanged, and, as such, would remain vacant. Because the Project site would
remain unchanged, few or no environmental impacts would occur.
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, commercial, and industrial
structures and impervious surfaces. Maintaining the Project site in its existing condition
would also eliminate potential impacts to land use and relevant planning, public health
and safety, aesthetics, traffic and circulation, noise, air quality, biological resources, any
unknown cultural resources, public services and utilities, geologic resources and
hydrology and water quality.
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/Existing General Plan and Zoning Designations" Alternative
Under the "No ProjectlDevelopment 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 approximately 956 units
would be constructed: 684 units on 171.06 acres of SR, 240.51 units on 240.51 acres of
ER (Estate Density Residential), and 31 units of 152.73 acres of R-MP (Resource -
Mineral Petroleum). Additionally, under this Alternative the proposed changes to
circulation would not occur. Therefore, it is assumed that this Alternative would result in
the circulation improvements outlined in the General Plan. Pursuant to S15126(d)(4) of
the State CEQA Guidelines, this alternative scenario is focused on the existing
conditions, as well as what would be "reasonably" expected to occur in the foreseeable
future if the Project were not approved, based on current plans and consistent with
available infrastructure. 'O"'K~
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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, the development intensity and subsequent land
use impacts would be less when compared to the proposed Project.
Although implementation of the "No Project/Existing General Plan and Zoning
Designations" Alternative would be consistent with the existing General Plan designation
for the Project site and would result in a decrease in impacts related to all environmental
issue areas, the significant reduction in residential units would only partially meet the
stated Project objectives. Therefore, this alternative has been rejected from further
consideration.
"Reduced Densities" 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 634 single-family dwelling
units. Additionally, under this Alternative, the Project would require a GPA, zone change
and Circulation Element amendment.
The "Estate/Residential Densities" Alternative would decrease impacts, except on public
health and safety; aesthetics, light, and glare; traffic and circulation, biological resources,
cultural resources, public services and utilities, geologic resources and hydrology and
water quality. However, because of the significant reduction in residential units, the
"Estate/Residential Densities" Alternative would only partially meet the Project
objectives. Thus, this Alternative was rejected.
Environmentally Superior Alternative
The purpose of the Alternatives evaluation is to develop Project Alternatives that reduce
or eliminate significant impacts. CEQA Section 15126(d)(2) indicates that, if the "No
Project/No Development" Alternative is the "Environmentally Superior" Alternative, then
the EIR shall also identify an Environmentally Superior Alternative among the other
Alternatives in this case. The "No Project/No Development" Alternative (Existing
Conditions) is the environmentally superior Alternative, as it would not result in
environmental impacts associated with construction. However, the "No Project/No
Development" Alternative would not satisfy the Project's objectives.
The "No Project/Existing General Plan and Zoning Designations" Alternative would allow
buildout of the Project area under the existing general plan and zoning designations.
Although this alternative results in reduced environmental impacts while allowing partial
development of the site, this alternative does not entirely fulfill the Project's stated
objectives and is therefore rejected as an environmentally superior alternative.
The "Reduced Density" Alternative would have similar adverse impacts on public health
and safety; aesthetics, light, and glare; traffic and circulation, biological resources,
cultural resources, public services and utilities, geologic resources and hydrology and fQr..K~
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water quality. However, this Alternative would have lesser impacts on land use and
noise 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.
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EXHIBIT B
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 Riverview Development Project indicated the
Project would result in contributions to aesthetic (long-term and 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 Riverview
Development Project and the public record. The project benefits include the following:
Create a variety of housing opportunities in an area of
varied terrain, views and open space.
Provide a residential community that is compatible with existing and planned land
uses in the area.
Provide a local street network that contributes to the quality and safety of
residential neighborhoods.
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 Riverview
Development Project:
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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'." 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
aesthetic/light, and glare (short-term, long-term and cumulative) and noise (off-
site mobile source impacts and cumulative impacts) impacts associated with the
Riverview Development Project, which cannot be eliminated or reduced to a level
less than significant.
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December 20&RIGINAL
EXHIBIT "C"
MITIGATION MONITORING
AND
REPORTING CHECKLIST
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