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Home My WebLink AboutORD NO 4418 ORDINANCE NO. 4 4 1 8 AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING ZONING 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, THOSE CERTAIN PROPERTIES WITHIN THE CITY OF BAKERSFIELD LOCATED EAST OF KERN CANYON ROAD (HIGHWAY 184), APPROXIMATELY 1 Yz 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.M. (ZONE CHANGE NO. 06-0961). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the zoning of those certain properties within the City of Bakersfield 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.M.; and WHEREAS, by Resolution No. 268-06 on December 21 , 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 06-0961 as delineated on attached Zoning Map No. 104-21 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact regarding the environmental impacts of the proposal and zoning of the subject property 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, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, for the above described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and, therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 268-06, adopted on December 21, 2006: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. ~M~1> ~ ~ >- .- l-- rn - ,..... <..) 0 ORIGINAL 3. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. An Environmental Impact Report was prepared and sent to responsible agencies and property owners within 300 feet of the project site. An Environmental Impact Report was prepared for this project in accordance with CEQA. 4. Attached Exhibit "D" containing the "Statement of Facts, Findings, and Mitigation Measures" with Exhibit "F", Mitigation Monitoring and Reporting Program is appropriate and incorporated into the project. 5. Attached "E" containing the "Statement of Overriding Considerations" related to significant unavoidable impacts of noise, is appropriate and incorporated into the project. 6. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. 7. The public necessity, general welfare and good zoning practice justify the recommended 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 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.M. 8. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan. 9. That Zone Change No. 06-0961 is hereby recommended with mitigation measures adopted in the Final Environmental Impact Report. 10. That Zone Change No. 06-0961, as outlined above, is hereby recommended for approval with "Mitigation Measures/Conditions of Approval" shown on "C", subject to prior approval of General Plan Amendment No. 06-0961. 11. That the Riverview Project Development Final Environmental Impact Report for Zone Change No. 06-0961 was certified. 12. The laws and regulations relating to the preparation and adoption of EIR's as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. 2 ~ ~M~-? o ~ ;:.... - l-- rn _ r- <..) 0 ORIGINAL SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings incorporated herein by reference are true and correct and constitute the Findings of the City Council in this matter. 2. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 3. The proposed project is consistent with surrounding uses. 4. The public necessity, general welfare and good planning practices justify the requested zone change. 5. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the zone of that certain property within the City of Bakersfield, the boundaries of which property is shown on Zone Map No. 104-21 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 6. Such zone change is hereby made subject to the "Mitigation Monitoring and Reporting Program" adopted in the Final Environmental Impact Report as shown in Exhibit "F" and "Mitigation/Conditions of Approval" for the project as shown in Exhibit "e", subject to approval of GPA No. 06- 0961. 7. Attached Exhibit "D" containing the "Statement of Facts, Findings, and Mitigation Measures" are appropriate and incorporated into the project. 8. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related to significant unavoidable aesthetics, light and glare impacts and noise impacts is appropriate and incorporated into the project. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------000--------- 3 ~ ~AK~_s> o % ;:.... ..- l-- m _ r- <..) 0 ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAR 1 4: 2007 by the following vote: AYES: COUNCILMEMBER COUCH, CAR"N, BE N"-M , W~, HAN~N, SULLIVAN, SC~ER NOES: COUNCILMEMBER ~ ABSTAIN: COUNCILMEMBER t'\..CM. ABSENT: COUNCILMEMBER C t'J LvJA I 'i1A1l11l/1 ~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle Council of the City of Bakersfield HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: EXHIBIT A B C D E F Location Map and Zo ing Maps Zone Change Legal Description Conditions of Approval/ Mitigation Measures Statement of Facts and Findings Statement of Overriding Considerations Mitigation Monitoring and Reporting Program 4 ~"Ke-s> J. ~ ;:.... .- l-- ~ '0 0 ORIGINAL EXHIBIT "A" LOCATION MAP AND ZONING MAPS <0 /l.K ~ 1> J. ~ >- .- l-- ~ '0 0 ORIGINAL ~ ~ d: gi ri ~ ~ ~ .: W ~::i ii~ ~i' N ... ' -.....-..._......-... -t--------- ------ ----------- : : i ! ! ! ! ! ! I ~ ~ct 5 ~ ~ ,... o ~ .. '. 'to ..... I I I. I -'" N~ Iii V- a 9 a.. ~<(~ ~:E~ bI X' ~C) u..Z 0- "Ze;;; >-0 ' SN~ /; II Ig · i.. I ;;l5i~ six! II n !I! l t ,l . I 1 I I I f I I I I I __ . I ~ ;_ . N " ~! . i ~ ~ . . I .; I j i;!.I' ~ . I . '. . ~1153!lla'i i' Ihi~n~I~iiill.1 it!, II n..I!! 111;lzl~I~J:i~illi..IHI ili Uii.j,i. ha hi:i:i~!: !I!"ii~ 1"-1 "~dfd~" ~!~~~~f~f:i:~:~~is~~eli;5ii~!!~~t!!:=1 !a!ii s= !:!l~'iiO~l:lS "'."::;jj. ;i:::::Ii;;~i;;l.... Ulidi~}lhj,. HHddinltiltj~aj .~! s; . . . ".... ~ 0 - .. " 101_ .. 3..' .t' . ~ ~ ~ -:'~ 'it" ':" t" . .. ;;7:1:." I . \oJ. . . % a C .. .. J a!CIC RIlEII:III: . C .:.vu"vo.:..8W.c..o o.....~.........".. ZONE CHANGE 06-0961 o :i . ~. .",:, '0::: e :J: . 0::: , . .Q :i .~ 0::: e :J: . 0:: <<-_ _ 10$' -..... , I . ~4; If..f fa; . ~. ;~ i~ eJ\ i i g;1d ,:I!~ ~!l...l! ~i~ .:a b '0 o .~ . 0::: e :J: . 0::: .\",.1 - t '" I " f ... 5 .. ~ = ;; .. 0 , I" a. ~V " It iii ;It :i i. I 1- i ~ , " ! ~~ ~~ ~ ZONING MAP 104-21 >- n; !:: r- <..) 0 ORIGINAL EXHIBIT "B" ZONE CHANGE LEGAL DESCRIPTION ~ ~AK~-s> o ~ >- .- ..... rn - ,..... <..) 0 ORIGINAL Exhibit "A" Page 1 of 10 EXHIBIT "A" LEGAL DESCRIPTION PROPOSED ZONES IN SECTION 21, T29S, R29E, MDM BAKERSFIELD R-l/PUD THAT PORTION OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID SECTION 21; THENCE 1. ALONG THE NORTHERLY LINE OF SAID SECTION 21 NORTH 89044'57" WEST 2446.76 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO OLCESE WATER DISTRICT ("DISTRICT") RECORDED MAY 07, 1993 AS INSTRUMENT NO. 066015 IN BOOK 6843 PAGE 1513, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE 2. ALONG THE EASTERLY LINE OF SAID DISTRICT LAND SOUTH 00015'03" WEST 300.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID DISTRICT LAND; THENCE 3 . ALONG THE SOUTHERLY LINE OF SAID DISTRICT LAND NORTH 89044' 57" WEST 350.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID DISTRICT LAND; THENCE 4. ALONG THE WESTERLY LINE OF SAID DISTRICT LAND NORTH 00015'03" EAST 300.00 FEET TO THE NORTHWESTERLY CORNER OF SAID DISTRICT LAND ON THE NORTHERLY LINE OF SAID SECTION 21; THENCE 5. ALONG LAST SAID NORTHERLY LINE NORTH 89044'57" WEST 1219.77 FEET TO A POINT ON LAST SAID NORTHERLY LINE, DISTANT THEREON SOUTH 89044' 57" EAST 1256.98 FEET FROM THE NORTHWESTERLY CORNER OF SAID SECTION 21; THENCE 6. LEAVING LAST SAID NORTHERLY LINE SOUTH 00014'27" WEST 52.15 FEET; THENCE 7. SOUTH 16018'57" WEST 123.34 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 30050'38" WEST; THENCE 8 . SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 168025'27" AN ARC DISTANCE OF 146.98 FEET; THENCE 9. NON-TANGENT TO SAID CURVE SOUTH 16018'57" WEST 135.12 FEET; X:\Adnrln\word VOCS\LBGAI.S\llxhibitB\aoOO exhibitB\a253 I!xh.doc ~"I(e~ ~j ~ >-. ";- , IT ~ ,r- <..) h c:: ORIGINAL Exhibit "A" Page 2 of 10 THENCE 10. SOUTH 02019'28" WEST 98.50 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1500.00 FEET, TO WHICH LAST SAID COURSE IS RADIAL; THENCE 11. SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 39036'49" AN ARC DISTANCE OF 1037.08 FEET; THENCE 12. TANGENT TO LAST SAID CURVE SOUTH 48003'43" EAST 171.89 FEET 13. SOUTH 41056'17" WEST 54.00 FEET; THENCE 14. SOUTH 46022'42" WEST 169.07 FEET; THENCE 15. SOUTH 40007'33" WEST 97.71 FEET; THENCE 16. SOUTH 30046'07" WEST 151.24 FEET; THENCE 17. SOUTH 25028'41" WEST 149.60 FEET; THENCE 18. SOUTH 16019'26" WEST 70.86 FEET; THENCE 19. SOUTH 16043'47" WEST 107.15 FEET; THENCE 20. SOUTH 73037'29" EAST 44.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1500.00 FEET; THENCE 21. SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 20040'44" AN ARC DISTANCE OF 541.37 FEET; THENCE 22. TANGENT TO LAST SAID CURVE SOUTH 52056'45" EAST 74.92 FEET; THENCE 23. NORTH 37003'15" EAST 557.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2000.00 FEET; THENCE 24. NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 08021'40" AN ARC DISTANCE OF 291.86 FEET; THENCE 25. RADIAL TO LAST SAID CURVE SOUTH 44035'05" EAST 286.57 FEET; THENCE 26. SOUTH 38043'17" EAST 96.47 FEET; THENCE 27. SOUTH 53050'44" EAST 153.31 FEET; THENCE 28. SOUTH 38043'17" EAST 364.20 FEET; THENCE 29. NORTH 52029'53" EAST 20.39 FEET; THENCE 30. SOUTH 37030'07" EAST 125.00 FEET; THENCE 31. SOUTH 29015'21" WEST 84.43 FEET; THENCE 32. SOUTH 21053'59" WEST 436.18 FEET; THENCE 33. SOUTH 24037'51" WEST 183.12 FEET; THENCE 34. SOUTH 27038'42" WEST 60.06 FEET; THENCE 35. SOUTH 25010'47" WEST 125.55 FEET; THENCE 36. SOUTH 10038'20" WEST 40.99 FEET; THENCE 37. SOUTH 79021'40" EAST 71.92 FEET; THENCE 38. SOUTH 70006'30" EAST 353..69 FEET; THENCE 39. SOUTH 57046'05" EAST 275.50 FEET; THENCE 40. SOUTH 33029'12" EAST 160.11 FEET; THENCE 41. NORTH 56030' 48" EAST 250.92 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1600.00 FEET; THENCE X.\Adnlin\lIord DocIl\LBGAI.S\Bxhibit8\8000 exhibits\U53 Bxh.doc ~ ~"K~~ o % >- i;n, t: 'r- <..) '0 ORIGINAL Exhibit "A" Page 3 of 10 42. NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 56030'48" AN ARC DISTANCE OF 1578.15 FEET; THENCE 43. TANGENT TO LAST SAID CURVE NORTH 369.15 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1500.00 FEET; THENCE 44. NORTHERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 21024'21" AN ARC DISTANCE OF 560.40 FEET; THENCE 45. TANGENT TO LAST SAID CURVE NORTH 21024' 21" EAST 6 6 . 6 8 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE THROUGH LAST SAID POINT BEARS SOUTH 20049'58" WEST; THENCE 46. EASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 00034'23" AN ARC DISTANCE OF 20.00 FEET; THENCE 47. TANGENT TO LAST SAID CURVE SOUTH 68035'39" EAST 257.48 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 21, DISTANT THEREON SOUTH 00045' 07" WEST 917.94 FEET FROM THE POINT OF BEGINNING; THENCE 48. ALONG SAID EASTERLY LINE NORTH 00045'07" EAST 917.94 FEET TO THE POINT OF BEGINNING. CONTAINING 168.55 ACRES, MORE OR LESS. R-l/PUD THAT PORTION OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID SECTION 21; THENCE ALONG THE NORTHERLY LINE OF SAID SECTION 21 SOUTH 89044' 57" EAST 1256.98 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00014' 27" WEST 52.15 FEET; THENCE SOUTH 16018'57" WEST 123.34 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 30050'38" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 168025'27" AN ARC DISTANCE OF 146.98 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 16018'57" WEST 135.12 FEET; THENCE SOUTH 02019'28" WEST 98.50 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1500.00 FEET, TO WHICH LAST SAID COURSE IS RADIAL; THENCE SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 39036' 49"- AN ARC DISTANCE OF 1037.08 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 48003'43" EAST 171.89 FEET SOUTH 41056'17" WEST 54.00 FEET; THENCE SOUTH 46022'42" WEST 169.07 FEET; THENCE SOUTH 40007'33" WEST 97.71 FEET; THENCE SOUTH 30046'07" WEST 151.24 FEET; THENCE SOUTH X,\AdmiI1\Word Docs\t.IiGlILS\Bxhibito\8000 exhibito\B2S3 Bxh.doc ~M~i ~ 'to! >- :"<\ l-- ~ iii - :r- <..) :0 ORIGINAL Exhibit "A" Page 4 of 10 25028'41" WEST 149.60 FEET; THENCE SOUTH 16019'26" WEST 70.86 FEET; THENCE SOUTH 16043'47" WEST 107.15 FEET; THENCE SOUTH 73037' 29" EAST 4 4 . 4 5 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1500.00 FEET; THENCE SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 20040'44" AN ARC DISTANCE OF 541.37 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 52056'45" EAST 74.92 FEET; THENCE SOUTH 37003'15" WEST 200.63 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 2000.00 FEET; THENCE SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 05047' 32" AN ARC DISTANCE OF 202.19 FEET TO THE TRUE POINT OF BEGINNING; THENCE 1. RADIAL TO LAST SAID CURVE NORTH 47009'13" WEST 54.00 FEET; THENCE 2. NORTH 61011'32" WEST 251.93 FEET; THENCE 3. NORTH 72003'48" WEST 1196.92 FEET; THENCE 4. NORTH 66005'41" WEST 63.00 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 2000.00 FEET, TO WHICH LAST SAID COURSE IS RADIAL; THENCE 5. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 03044'12" AN ARC DISTANCE OF 130.43 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2000.00 FEET; THENCE 6. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 12029'56" AN ARC DISTANCE OF 436.29 FEET; THENCE 7. RADIAL TO LAST SAID CURVE SOUTH 74051'25" EAST 614.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500.00 FEET; THENCE 8. SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 52054'09" AN ARC DISTANCE OF 461.66 FEET; THENCE 9. TANGENT TO LAST SAID CURVE SOUTH 21057'16" EAST 73.42 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 2000.00 FEET, TO WHICH LAST SAID COURSE IS RADIAL; THENCE 10 . NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 25011'57" AN ARC DISTANCE OF 879.62 FEET TO THE TRUE POINT or BEGINNING. CONTAINING 19.22 ACRES, MORE OR LESS. R-l/PUD THAT PORTION OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: x, \AdIllin\liord Doca\LBGlU.S\llxbibita\8000 exhibits\82S3 Bxh.doc ~ ~AK~1>1 o ~ >- ;..- t-,rn -,r- oo ORIGINAL Exhibit "A" Page 5 of 10 COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID SECTION 21; THENCE ALONG THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21 SOUTH 89044'01" EAST 2396.19 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 00015'59" EAST 1769.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE 1. NORTH 16025'04" WEST 30.00 FEETj THENCE 2. NORTH 19001'19" WEST 618.97 FEETj THENCE 3. NORTH 40019'33" EAST 209.65 FEETj THENCE 4. SOUTH 79044'14" EAST 287.13 FEETj THENCE 5. SOUTH 85032'56" EAST 390.95 FEETj THENCE 6. SOUTH 00033'31" WEST 632.01 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 15024'09" WESTj THENCE 7. WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25014'31" AN ARC DISTANCE OF 220.28 FEET; THENCE 8. TANGENT TO SAID CURVE SOUTH 80009'38" WEST 274.58 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 920.00 FEET; THENCE 9. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 06034'42" AN ARC DISTANCE OF 105.63 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 11.11 ACRES, MORE OR LESS. R-1/PUD THAT PORTION OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SECTION 21; THENCE 1. ALONG THE EASTERLY LINE OF SAID SECTION 21 NORTH 00045' 07" EAST 841.08 FEET; THENCE 2. LEAVING SAID EASTERLY LINE NORTH 89014'24" WEST 13.51 FEET; THENCE 3. SOUTH 19037'06" 4. SOUTH 27003'51" 5. SOUTH 38022'41" 6. NORTH 42033'21" 7. NORTH 46017'43" 8. NORTH 43042'17" 9. SOUTH 46017'43" WEST WEST WEST WEST EAST WEST WEST 130.99 FEETj THENCE 26.70 FEET; THENCE 158.25 FEET; THENCE 363.43 FEET; THENCE 153.77 FEET; THENCE 602.15 FEET; THENCE 30.00 FEET; THENCE X. \1Idmin\llord Doc8\IollGlILS\Exhibiu\aOOO eld>ibit8\a253 Bxh. doc ~"K~1> 1 ~ 0', ~ >- ...... ..... m - ~ <..) Q ORIGINAL Exhibit "A" Page 6 of 10 10. SOUTH 48007'55" WEST 417.81 FEET; THENCE 11. SOUTH 50059'12" WEST 293.39 FEET; THENCE 12. SOUTH 43042' 17" EAST 1235.59 FEET TO THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21; THENCE 13.ALONG SAID SOUTHERLY LINE SOUTH 89045'40" EAST 414.60 FEET TO THE POINT OF BEGINNING. CONTAINING 21.12 ACRES, MORE OR LESS. R-2/PUD THAT PORTION OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID SECTION 21; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 21 SOUTH 00045' 07" WEST 917.94 FEET TO THE TRUE POINT OF BEGINNiNG; THENCE 1. CONTINUING ALONG SAID EASTERLY LINE SOUTH 00045' 07" WEST 3519.16 FEET TO A POINT ON SAID EASTERLY LINE, DISTANT THEREON NORTH 00045' 07" EAST 841. 08 FEET FROM THE SOUTHEASTERLY CORNER OF SAID SECTION 21; THENCE 2. LEAVING SAID EASTERLY LINE NORTH 89014' 24" WEST 13.51 FEET; THENCE 3. SOUTH 19037'06" WEST 130.99 FEET; THENCE 4. SOUTH 27003'51" WEST 26.70 FEET; THENCE 5. SOUTH 38022'41" WEST 158.25 FEET; THENCE 6. NORTH 42033'21" WEST 363.43 FEET; THENCE 7. NORTH 46017'43" EAST 153.77 FEET; THENCE 8. NORTH 43042'17" WEST 602.15 FEET; THENCE 9. SOUTH 46017'43" WEST 30.00 FEET; THENCE 10. SOUTH 48007'55" WEST 417.81 FEET; THENCE 11. SOUTH 50059'12" WEST 293.39 FEET; THENCE 12. SOUTH 43042'17" EAST 1235.59 FEET TO THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21; THENCE 13.ALONG SAID SOUTHERLY LINE NORTH 89045'40" WEST 2219.70 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 21; THENCE 14 . ALONG THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21 NORTH 89044'01" WEST 2632.76 FEET TO THE SOUTHWESTERLY CORNER OF SAID SECTION 21; THENCE 15. ALONG THE WESTERLY LINE OF SAID SECTION 21 NORTH 00040' 55" EAST 2379.10 FEET; THENCE 16. LEAVING SAID WESTERLY LINE SOUTH 89034'20" EAST 400.10 FEET; THENCE 17.NORTH 00040'49" EAST 168.60 FEET TO THE BEGINNING OF A l(, \Adm.in\WOrd DocB\LBGALS\Bxbibit.\8000 exhibit.\82S1 Bxh.doc ~. ~AK~1>i 0' (1)' >- ~ l-- nJ - " o c;j ORIGINAL Exhibit "A" Page 7 of 10 TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2000.00 FEET; THENCE 18.NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14027'46" AN ARC DISTANCE OF 504.85 FEET; THENCE 19. RADIAL TO SAID CURVE SOUTH 74051'25" EAST 614.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500.00 FEET; THENCE 20. SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 52054'09" AN ARC DISTANCE OF 461.66 FEETj THENCE 21. TANGENT TO LAST SAID CURVE SOUTH 21057'16" EAST 73.42 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 2000.00 FEET, TO WHICH LAST SAID COURSE IS RADIALj THENCE 22. NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 30059'29" AN ARC DISTANCE OF 1081.80 FEETj THENCE 23. TANGENT TO LAST SAID CURVE NORTH 37003'15" EAST 757.99 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2000.00 FEETj THENCE 24.NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 08021'40" AN ARC DISTANCE OF 291.86 FEETj THENCE 25. RADIAL TO LAST SAID CURVE SOUTH 44035'05" EAST 286.57 FEETj THENCE 26. SOUTH 38043'17" EAST 96.47 FEETj THENCE 27. SOUTH 53050'44" EAST 153.31 FEETj THENCE 28. SOUTH 38043'17" EAST 364.20 FEETj THENCE 29. NORTH 52029'53" EAST 20.39 FEETj THENCE 30. SOUTH 37030'07" EAST 125.00 FEETj THENCE 31. SOUTH 29015'21" WEST 84.43 FEET; THENCE 32. SOUTH 21053'59" WEST 436.18 FEET; THENCE 33. SOUTH 24037'51" WEST 183.12 FEET; THENCE 34. SOUTH 27038'42" WEST 60.06 FEET; THENCE 35. SOUTH 25010'47" WEST 125.55 FEET; THENCE 36. SOUTH 10038'20" WEST 40.99 FEET; THENCE 37. SOUTH 79021'40" EAST 71.92 FEET; THENCE 38. SOUTH 70006'30" EAST 353.69 FEET; THENCE 39. SOUTH 57046'05" EAST 275.50 FEET; THENCE 40. SOUTH 33029'12" EAST 160.11 FEET; THENCE 41.NORTH 56030'48" EAST 250.92 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1600.00 FEET; THENCE 42. NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 56030'48" AN ARC DISTANCE OF 1578.15 FEET; THENCE 43. TANGENT TO LAST SAID CURVE NORTH 369.15 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1500.00 FEET; THENCE 44 . NORTHERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF X: \Admin\lIord Does\LIlGALS\BxhibitB\8000 exhibita\U53 Exh.doe ~ ~f>.k~l)l: o ~. >- - l-- m - r-' o 0' ORIGINAL Exhibit "A" Page 8 of 10 21024'21" AN ARC DISTANCE OF 560.40 FEET; THENCE 45. TANGENT TO LAST SAID CURVE NORTH 21024'21" EAST 66.68 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE THROUGH LAST SAID POINT BEARS SOUTH 20049'58" WEST; THENCE 46 . EASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 00034'23" AN ARC DISTANCE OF 20.00 FEET; THENCE 47. TANGENT TO LAST SAID CURVE SOUTH 68035'39" EAST 257.48 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION OF SAID SECTION 21 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID SECTION 21; THENCE ALONG THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21 SOUTH 89044'01" EAST 2396.19 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 00015'59" EAST 1769.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE 1. NORTH 16025'04" WEST 30.00 FEET; THENCE 2. NORTH 19001'19" WEST 618.97 FEET; THENCE 3. NORTH 40019'33" EAST 209.65 FEET; THENCE 4. SOUTH 79044'14" EAST 287.13 FEET; THENCE 5. SOUTH 85032'56" EAST 390.95 FEET; THENCE 6. SOUTH 00033'31" WEST 632.01 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 15024'09" WEST; THENCE 7. WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25014'31" AN ARC DISTANCE OF 220.28 FEET; THENCE 8. TANGENT TO SAID CURVE SOUTH 80009'38" WEST 274.58 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 920.00 FEET; THENCE 9. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 06034'42" AN ARC DISTANCE OF 105.63 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 326.81 ACRES, MORE OR LESS. R-3/PUD THAT PORTION OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID SECTION 21; THENCE ~ ~"K~-9 o ~ >- - l-- rn - r- o 0 ORIGINAL x.\A&n.ln\Worc!llOC:s\L8GAl.S\Bll:hJ.bit.\SDOD exhibits\S253 Rxh,do<: Exhibit "A" Page 9 of 10 1. ALONG THE NORTHERLY LINE OF SAID SECTION 21 SOUTH 89044'57" EAST 1256.98 FEET; THENCE 2. LEAVING SAID NORTHERLY LINE SOUTH 00014'27" WEST 52.15 FEET; THENCE 3. SOUTH 16018'57" WEST 123.34 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 30050'38" WESTj THENCE 4. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 168025'27" AN ARC DISTANCE OF 146.98 FEETj THENCE 5. NON-TANGENT TO SAID CURVE SOUTH 16018'57" WEST 135.12 FEET; THENCE 6. SOUTH 02019'28" WEST 98.50 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1500.00 FEET, TO WHICH LAST SAID COURSE IS RADIAL; THENCE 7. SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 39036'49" AN ARC DISTANCE OF 1037.08 FEETj THENCE 8. TANGENT TO LAST SAID CURVE SOUTH 48003'43" EAST 171.89 FEET 9. SOUTH 41056'17" WEST 54.00 FEET; THENCE 10. SOUTH 46022'42" WEST 169.07 FEETj THENCE 11. SOUTH 40007'33" WEST 97.71 FEETj THENCE 12. SOUTH 30046'07" WEST 151.24 FEET; THENCE 13.S0UTH 25028'41" WEST 149.60 FEETj THENCE 14.S0UTH 16019'26" WEST 70.86 FEET; THENCE 15. SOUTH 16043'47" WEST 107.15 FEET; THENCE 16. SOUTH 73037'29" EAST 44.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1500.00 FEETj THENCE 17. SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 20040'44" AN ARC DISTANCE OF 541.37 FEET; THENCE 18.TANGENT TO LAST SAID CURVE SOUTH 52056'45" EAST 74.92 FEETj THENCE 19.50UTH 37003'15" WEST 200.63 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 2000.00 FEET; THENCE 20.S0UTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 05047'32" AN ARC DISTANCE OF 202.19 FEETj THENCE 21.RADIAL TO LAST SAID CURVE NORTH 47009'13" WEST 54.00 FEETj THENCE 22.NORTH 61011'32" WEST 251.93 FEET; THENCE 23.NORTH 72003'48" WEST 1196.92 FEETj THENCE 24.NORTH 66005'41" WEST 63.00 FEET TO A POINT AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 2000.00 FEET, TO WHICH LAST SAID COURSE IS RADIAL; THENCE 25.S0UTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE x.\AllIIlin\WOrd IlOC8\LBQAl.S\lI:l<hibiu\8000 exhibit8\8~53 lI:l<h.doc j ~M~j x ''(r o ~ >.. ~ l--:rn _ ,r- o '0 ORIGINAL Exhibit "A" Page 10 of 10 OF 03044'12" AN ARC DISTANCE OF 130.43 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2000.00 FEET; THENCE 26.S0UTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 26057'42" AN ARC DISTANCE OF 941.14 FEET; THENCE 27.TANGENT TO LAST SAID CURVE SOUTH 00040'49" WEST 168.60 FEET; THENCE 28.NORTH 89034'20" WEST 400.10 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 21, DISTANT THEREON NORTH 00040'55" EAST 2379.10 FEET FROM THE SOUTHWESTERLY CORNER OF SAID SECTION 21; THENCE 29.ALONG SAID WESTERLY LINE NORTH 00040'55" EAST 2898.85 FEET TO THE POINT OF BEGINNING. CONTAINING 89.38 ACRES, MORE OR LESS. X: \MI\Iin\word IlOC$\IdIGALS\Bxhibit$\8000 exhibits\8253 Bxh.doc ,. ~AK~-^ ! 0' ''(pi >- ::!l l-- m t3 g ORIGINAL EXHIBIT "C" CONDITIONS OF APPROVAL/MITIGATION MEASURES ~ ~"'K~-9 o % >- - l-- m - r- o 0 ORIGINAL EXHIBIT "C" RIVERVIEW DEVELOPMENT PROJECT - ZONE CHANGE NO. 06-0961 CONDITIONS OF APPROVAL CITY ATTORNEY 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. PLANNING DEPARTMENT 2 Prior to recordation of a final map for urban development, the subdivider shall obtain P.U.D. development plan approval containing specific detail of house elevations, building setbacks, plot plans and construction materials from the Planning Commission. Where said subdivision includes a Community Recreational Facility, private park or urban plaza, development plans shall include Site Plans for purposes of site plan review in accordance with City requirements. For orderly development. 3 Block walls shall adhere to the minimum City standard of using split face block on only 25% of the wall face for texture. Manufactured caps shall be installed on all walls maintained by the City's maintenance district. For orderly development. PUBLIC WORKS DEPARTMENT 4 Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: 4.1 Provide fully executed dedication for multiple road(s) to arterial, collector and local standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscapin~ ~"K~-s> o ~ >- ..- l-- m _ r- o 0 ORIGINAL Exhibit "c n Project #06-0961 Page 2 of 20 as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. 4.2 This GPAlZC area is within the Breckenridge drainage area and the developer shall follow the requirements, build the proposed improvements and pay the necessary fees of the area. If the entire Breckenridge drainage area improvements have not been constructed, temporary drainage basins may be required to be constructed within the GPAlZC area and remain in place until all of the infrastructure is constructed. 4.3 This area is within the Northeast Sewer Area and the developer shall follow the requirements, build the proposed improvements and pay the necessary fees of the area. Submit verification to the City Engineer of the Northeast sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. 4.4 In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. For orderly development. 5 The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the eonsolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 6 Minimum curb to curb width for streets shall be 36 feet. For orderly development. 7 Payment of median fees for the arterial frontage of the property within the GPAlZC request is required prior to recordation of any map or approval of any improvement plan for the GPAlZC area. For orderly development. 8 Access to the project area is provided by sub-standard roads. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the eity the up- front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. For orderly development. 9 Circulation Plan The circulation shall comply with the revised circulation plan submitted by Sikand Engineering. SP lines shall be processed and adopted prior to the approval of any subdivision maps for all curvilinear collectors and arterials not on section or mid-section line~.~~K~-s> o % >- - ~ ~ <..) 0 ORIGINAL Exhibit "C " Project #06-0961 Page 3 of 20 For orderly development. 1 0 The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. For orderly development. 11 Prior to recording of the first final map within the boundary of the GPAlZC area, the project applicant shall provide the City of Bakersfield with a phasing plan of the onsite roadway segments. This phasing plan will be reviewed and approved by the City Engineer. For orderly development. RECREATION AND PARKS 12 Prior to approval of a tentative subdivision for urban development, the subdivider shall obtain approval of a Specific Parks and Trails Plan. For orderly development. 13 Prior to approval of a final subdivision for urban development, the subdivider shall enter into an Agreement with the City of Bakersfield related to provision of parks. For orderly development and to satisfy park land requirement (BMC Ch 15.80) and park development requirement (BMC Ch. 15.82) 14 Prior to recordation of any phase containing a public park the subdivider shall construct curbs, gutters and sidewalks and landscaping to City standards on all sides of the park(s). For orderly development. MITIGATION MEASURES GEOLOGY AND SEISMIC HAZARDS Soil Erosion 15 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 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. (Mitigation for potentially significant impacts from Geology and Seismic Hazards) 16 (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 natur~~Ks: ~ '9~ >- .- l-- m - r- o 0 ORIGINAL Exhibit "C " Project #06-0961 Page 4 of 20 rounded terrain, wherever possible. The grading plans submitted to the Building Department shall 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 for potentially significant impacts from Geology and Seismic Hazards) Fault Rupture 17 (5.2-2) With any tentative tract map application for subdivision of areas affected by Alquist- Priolo Zones, the applicant shall submit a Geotechnical Report and pay for peer review in accordance with the Alquist-Priolo Special Study Earthquake Fault Zone Act. This investigation shall include exploratory trenching to analyze existing and potential fault hazards associated within the Alquist-Priolo Special Study Earthquake Fault Zone identified to the northeast portion of the site, as indicated in the Geologica/ and Geotechnica/ Engineering Assessment. The subsurface investigation(s) within the Alquist Priolo Fault Zones shall be performed to provide the adequate level of information to adequately establish appropriate setbacks and siting of future structures. Final maps shall not record until peer review and all recommendations are funded and implemented to the satisfaction of the eity 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. (Mitigation for potentially significant impacts from Geology and Seismic Hazards) 18 (5.2-2a) Prior to recordation of a final map, the three fault traces located in the northeastern portion of the property shall be mapped showing 50-foot non-buildable easements on both sides of the fault trace. (Mitigation for potentially significant impacts from Geology and Seismic Hazards) (Mitigation for potentially significant impacts from Ge%gy and Seismic Hazards) 19 (5.2-2b) Plans submitted for building plan check shall show 50-foot non-buildable setbacks from the fault trace. (Mitigation for potentially significant impacts from Geology and Seismic Hazards) 20 (5.2-2c) Soils reports shall include recommendations for foundation design that provide for construction of post tension or mat slabs. (Mitigation for potentially significant impacts from Ge%gy and Seismic Hazards) ~ ~"'K~1> o % >- - l-- m _ r- o b ORIGINAL Exhibit "c " Project #06-0961 Page 5 of 20 Seismic Ground Shaking 21 (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. (Mitigation for potentially significant impacts from Geology and Seismic Hazards) Landslides 22 (5.2-5) Grading plans shall provide evidence that 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. (Mitigation for potentially significant impacts from Ge%gy and Seismic Hazards) Expansive SoilslSlope Stability 23 (5.2-6a) Cut slopes which expose loose sands and gravels shall be required and include over excavation and replacement with a drained stabilization fill. Evidence of compliance with this mitigation measure shall be included on grading plans. (Mitigation for potentially significant impacts from Geology and Seismic Hazards) 24 (5.2-6b) 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. Evidence of compliance with this mitigation measure shall be included on grading plans. (Mitigation for potentially significant impacts from Geology and Seismic Hazards) 25 (5.2-6c) Natural slopes that expose loose sands and gravels shall require and include over excavation and replacement with a drained stabilization fill/shear key. Evidence of compliance with this mitigation measure shall be included on grading plans. (Mitigation for potentially significant impacts from Geology and Seismic Hazards) 26 (5.2-6d) 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 selective grading techniques to place more highly expansive soils well 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. Evidence of compliance with this mitigation measure shall be included on grading plans. (Mitigation for potentially significant impacts from Ge%gy and Seismic Hazards) ~ ~"K~-s> o ~ >- -- l-- rn _ r- o 0 ORIGINAL Exhibit "C " Project #06-0961 Page 6 of 20 HYDROLOGY AND WATER QUALITY Flood Hazards 27 (5.3-1 a) Prior to the approval of final project plans and specifications, the City Engineer, or his designee, shall confirm and report to the Planning Director that recommended 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. (Mitigation for potentially significant impacts to Hydr%gy and Water Quality) 28 (5.3-1 b) Improvement plans submitted to the Public Works Department shall demonstrate that drainage system design requirements for the future developments and all future roadways shall include, but not limited to: · 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. (Mitigation for potentially significant impacts to Hydr%gy and Water Quality) Water Quality 29 (5.3-1 c) Adherence to the City of Bakersfield Municipal Code, Subdivision Ordinance 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 acre or approximately $1,202,064 for the Project site. Proof of payment shall be provided to the Planning Director prior to the recordation of Final Tract maps. (Mitigation for potentially significant impacts to Hydr%gy and Water Quality) Durina Construction 30 (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 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. (Mitigation for potentially significant impacts to Hydrology and Water Quality) 31 (5.3-3b) 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 s~lI>~K~-s> incorporate stormwater pollution control measures into a SWPPP. BMPs shall ~e ~ !::: ~ <..) 0 ORIGINAL Exhibit "c " Project #06-0961 Page 7 of 20 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. (Mitigation for potentially significant impacts to Hydrology and Water Quality) 32 (5.3-3c) Grading plans submitted to the Building Department shall demonstrate that during construction, erosion control techniques to retain soil and sediment on the site will 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. (Mitigation for potentially significant impacts to Hydrology and Water Quality) Post Construction 33 (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. (Mitigation for potentially significant impacts to Hydrology and Water Quality) PUBLIC HEALTH AND SAFETY SHORT-TERM (CONSTRUCTION) IMPACTS 34 (5.4-1a) 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. . Excavation and disposal at a permitted, off-site facility; . On-site treatment; or . Other procedures deemed appropriate by the identified agency with closure responsibilities. (Mitigation for potentially significant impacts to Public Health and Safety) (5.4-1 b) 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 anplt'~ around the removed debris and ASTs shall be visually inspected. Any stained soils obs~\a' -9% ~ iii - r- o (:) ORIGINAL Exhibit "c " Project #06-0961 Page 8 of 20 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. (Mitigation for potentially significant impacts to Public Health and Safety) Valley Fever 35 (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. (Mitigation for potentially significant impacts to Public Health and Safety). Oil Production Facilities 36 (5.4-4b) Prior to recordation of a final map, the applicant 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. Evidence of proper abandonment of well shall be submitted to the Planning Department prior to recordation of a final map for urban development. (Mitigation for potentially significant impacts to Public Health and Safety) 37 (5.4-4c) Prior to or concurrently with recordation of a final map for urban 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. (Mitigation for potentially significant impacts to Public Health and Safety) Wildland Fire Threat 38 (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. " (Mitigation for potentially significant impacts to Public Health and Safety) ~ ~AK~1> o ~ >- ..- l-- rn - r- o 0 ORIGINAL Exhibit "C " Project #06-0961 Page 9 of 20 AESTHETICS, LIGHT, AND GLARE Short-Term (Construction) Aesthetic Impacts 39 (5.5-1 a) Temporary construction equipment staging areas shall be located within the Project site through the duration of construction. Appropriate screening (e.g., temporary opaque fencing [six feet in height]) will be used to buffer views of construction equipment material, when feasible. All construction activities shall also be consistent with the Bakersfield Municipal Code requirements and conditions of approval. Staging locations shall be indicated on final grading plans. (Mitigation for potentially significant Aesthetics/Light and Glare impacts) Long-Term Aesthetic Impacts 40 (5.5-2a) Prior to recordation of a final map for urban development, the Project Applicant shall obtain approval of a Wall Landscape Plan for the Project area to provide visual relief from Project structures. (Mitigation for potentially significant Aesthetics/Light and Glare impacts) 41 (5.5-2b) Maximum grade of streets, public or private and other access easements shall be determined in accordance with a Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO) 1990, for design of maximum grades for arterials, collectors and local streets and shall be included on improvement plans. (Mitigation for potentially significant Aesthetics/Light and Glare impacts) Light a' nd Glare 42 (5.5-4a) Prior to recordation of final maps for urban development, the Project Applicant shall outline 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 may include low-intensity light fixtures and hooded shields. (Mitigation for potentially significant Aesthetics/Light and Glare impacts) 43 (5.5-4b) Prior to recordation of final maps for urban development, 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. (Mitigation for potentially significant Aesthetics/Light and Glare impacts) TRAFFIC AND CIRCULATION Short-Term (Construction) Impacts 44 (5.6-1 a) 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. (Mitigation for potentially significant impacts to traffic and circulation) ~ <oAk~'9 o % .:>.. - I- rn - r- o 0 ORIGINAL Exhibit "c " Project #06-0961 Page 1 0 of 20 45 (5.6-1 b) 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. (Mitigation for potentially significant impacts to traffic and circulation) Access 46 (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. (Mitigation for potentially significant impacts to traffic and circulation) Cumulative Traffic (2024 Conditions) 47 (5.6-6a) Prior to issuance of building permits, the Project Applicant shall participate in the City's Regional Transportation Impact Fee Program (RTIF). The applicant shall submit funding calculations for all improvements associated with the RTIF program pursuant to the current policy of the Public Works Department for said calculations. Said calculations shall be updated based upon the adopted RTIF at time of further subdivision. (Mitigation for potentially significant impacts to traffic and circulation) 48 (5.6-6b) For the impacted intersections and segments subject to fair share improvements in the following table, estimates shall be submitted and approved prior to subdivision. Applicant shall participate in the improvements required on a pro-rata, fair share basis, paid prior to the issuance of building permits, based upon the approved estimates. TABLE 5.6-24 Project Share for Local Mitigation Measures Intersection Existing 2030 With Project Project % Project Only Share Fairfax Road and Niles Road 2,330 5,033 192 7.10% Morning Drive and Niles Street/Kern Canyon Road 1,219 4,487 253 7.74% Morning Dive and Edison Highway 1,183 5,097 187 4.78% Morning Drive and Brundage Lane 1,427 5,392 188 4.74% Vineland Road and SR 178 EB Ramps -- 1,870 215 11.50% Vineland Road and Highland Knolls Drive -- 2,821 349 13.37% Vineland Road and Kern Canyon Road -- 4,599 558 12.13% Vineland Road and Breckenridge Road 130 2,415 310 13.57% Vineland Road and Edison Highway 327 1,424 149 13.58% Kern Canyon Road and Chase Avenue 258 2,311 559 27.23% Edison Road and Breckenridge Road n 857 505 58.93 Source: Riverview Traffic Study, Meyer, Mohaddes Associates, September 2006. Based on PM peak hour volumes (Mitigation for potentially significant impacts to traffic and circulation) ~ ~"K~1> o ~ >- - l-- rn - r- o 0 ORIGINAL Exhibit "c " Project #06-0961 Page 11 of 20 NOISE Short-Term (Construction) Impacts 49 (5.7-1 a) 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. (Mitigation for potentially significant Noise impacts) 50 (5.7-1 b) 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. (Mitigation for potentially significant Noise impacts) 51 (5.7-1c) 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. (Mitigation for potentially significant Noise impacts) 52 (5.7-1d) 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. (Mitigation for potentially significant Noise impacts) On-Site Mobile Source Impacts 53 (5.7-3a) Noise barriers (Le., walls and/or earthen berms) shall be constructed at the following proposed-single and multi-family residential locations: . 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 ~ ~"IC~~ o ~ ~ or- ~ G ORIGINAL Exhibit "C " Project #06-0961 Page 12 of 20 . 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. (Mitigation for potentially significant Noise impacts) 54 (5.7-3b) Prior to recordation of a final map for urban development, 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. (Mitigation for potentially significant Noise impacts) 55 (5.7-3c) Sound-rated 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. (Mitigation for potentially significant Noise impacts) 56 (5.7-3d) Prior to recordation of a final map for urban development, 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. (Mitigation for potentially significant Noise impacts) 57 (5.7-3e) Mechanical ventilation shall be installed at all proposed residential buildings located adjacent to collector or arterial streets 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. (Mitigation for potentially significant Noise impacts) 58 (5.7-4a) As a condition of approval of development plans, a final acoustical analysis shall be conducted to the satisfaction of the City Planning Department to confirm that electrical and mechanical equipment (Le., 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 multifamily projects, the individual units shall be considered as individual residential uses and private areas such as patios and decks would be subject to the requirement. (Mitigation for potentially significant Noise impacts) Stationary Source Impacts 59 (5.7-4b) 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 prior to recordation of a final map for urb~I'f>AJ(~-9 development. (Mitigation for potentially significant Noise impacts) >-0 % ...... m - r- o 0 ORIGINAL Exhibit "c " Project #06-0961 Page 13 of 20 60 (5.7-4c) 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 prior to recordation of a final map for urban development. (Mitigation for potentially significant Noise impacts) 61 (5.7-4d) 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 prior to recordation of a final map for urban development. (Mitigation for potentially significant Noise impacts) AIR QUALITY SHORT-TERM (CONSTRUCTION) EMISSIONS 62 (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. . 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. ~ ~"'K~-9 o ~ >- - l-- m - r- o (;) ORIGINAL Exhibit "c " Project #06-0961 Page 14 of 20 . 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). (Mitigation for potentially significant Air Quality impacts) Cumulative Impacts 63 (5.8-1 b) Construction of the Project requires the implementation of control measures set forth under Regulation VIII of the San Joaquin Valley Air Pollution Control District (SJAPCD) Fugitive PM10 Prohibition. The following mitigation measures, in addition to those required under Regulation VIII of the SJVAPCD, 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. . 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 SJVAPCD 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. . 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 6 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). ~ <ofl,K~-s> o % ~ - I-- rn - ,... o 0 ORIGINAL Exhibit "C " Project #06-0961 Page 15 of 20 · 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 SJVAPCD 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. (Mitigation for potentially significant Air Quality impacts) 64 (5.8-1c) Prior to issuance of any building permits, Contractors and/or 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 SJVAPCD upon request. (Mitigation for potentially significant Air Quality impacts) Long-Term (Operational) Impacts 65 (5.8-1d) Prior to the issuance of any building permits, Contractors and/or Developer shall submit a written statement that they will allow an authorized representative of the SJVAPCD to review construction equipment activity and mitigation measure records for the purpose of assuring compliance with the applicable requirements of these mitigation measures and all tract development requirements. (Mitigation for potentially significant Air Quality impacts) 66 (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. (Mitigation for potentially significant Air Quality impacts) BIOLOGICAL RESOURCES Special Status Wildlife 67 (5.9-3a) 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 cunicu/aria), 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 ~ ~ft..K~-? C) ~ >- - l-- rn _ r- o 0 ORIGINAL Exhibit "c " Project #06-0961 Page 16 of 20 City of Bakersfield Municipal Code and the MBHCP. (Mitigation for potentially significant impacts to Biological Resources) 68 (5.9-3b) Prior to initial ground disturbance or recordation of a final map, 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. The report of this study shall be submitted to the Planning Director prior to recordation of a final map. (Mitigation for potentially significant impacts to Biological Resources) 69 (5.9-3c) 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 and all guidelines, protocols and other provisions of the CDFG, USFWS, Migratory Bird Treaty Act, Endangered Species Act and California Endangered Species Act. (Mitigation for potentially significant impacts to Biological Resources) 70 (5.9-3d) 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 burrowing owl sites 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. (Mitigation for potentially significant impacts to Biological Resources) 71 (5.9-3e) 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. (Mitigation for potentially significant impacts to Biological Resources) 72 (5.9-3f) 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. (Mitigation for potentially significant impacts to Biological Resources) 73 (5.9-3g) 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. (Mitigation for potentially significant impacts to Biological Resources) Long-Term Impacts 74 (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. (Mitigation for potentially significant impacts associated with Light and Glare) ~ ~AK~1> a ~ >- - l-- m - ,..... o c;:, ORIGINAL Exhibit "c " Project #06-0961 Page 17 of 20 CULTURAL RESOURCES Archaeolgical Resources 75 (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. (Mitigation for potentially significant impacts to Cultural Resources) 76 (5.10-b) If human remains are discovered as a result of the Project during any earth removal or disturbance activities, all activity shall cease immediately and 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. (Mitigation for potentially significant impacts to Cultural Resources) Paleontological Resources 77 (5.10-2a) Prior to the issuance of a grading permit, the grading plans will state that the developer has retained the services of a paleontologic consulting firm approved by the City of Bakersfield to implement the mitigation measures. (Mitigation for potentially significant impacts to Paleontological Resources) 78 (5.10-2b) Prior to the issuance of a grading permit, the grading plans will 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. (Mitigation for potentially significant impacts to Paleontological Resources) 79 (5.10-2c) Prior to the issuance of a grading permit, the grading plans will state that the principal investigator will develop a storage agreement with a museum repository, such as the Natural History Museum of Los Angeles County or another repository acceptable to the City of Bakersfield. (Mitigation for potentially significant impacts to Paleontological Resources) 80 (5.10-2d) Prior to the issuance of a grading permit, the grading plans will 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 ~ ~~1> o ~ ~ iTi _ r- o t::1 ORIGINAL Exhibit "c " Project #06-0961 Page 18 of 20 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. (Mitigation for potentially significant impacts to Paleontological Resources) 81 (5.10-2e) Prior to the issuance of a grading permit, the grading plans will 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. (Mitigation for potentially significant impacts to Paleontological Resources) 82 (5.10-2f) 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. (Mitigation for potentially significant impacts to Paleontological Resources) 83 (5.10-2g) Prior to the issuance of a grading permit, the grading plans will 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. (Mitigation for potentially significant impacts to Paleontological Resources) PUBLIC SERVICES AND UTILITIES Waste 84 (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 eounty 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. (Mitigation for potentially significant impacts on Public Services and Utilities) ~ ~"K~1> o % >- - l-- rn _ r- <..) 0 ORIGINAL Exhibit "c " Project #06-0961 Page 19 of 20 85 (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. (Mitigation for potentially significant impacts on Public Services and Utilities) 86 (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. (Mitigation for potentially significant impacts on Public Services and Utilities) Electrical Services 87 (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. Evidence of coordination shall be presented to the Planning Department in writing prior to recordation of a final map for urban development. (Mitigation for potentially significant impacts on Public Services and Utilities) MINERAL RESOURCES Mineral Resource Availability 88 (5.12-1) The applicant shall comply with the requirements of the Bakersfield Municipal Code by either acquiring all subsurface rights (Le., mineral, oil, etc.) owned by private parties, or avoid the placement of structures within known subsurface estates owned by other parties, or obtain a waiver from such subsurface estate owner consenting to the development activity and attesting it will not substantially interfere with the mineral extraction. (Mitigation for potentially significant impacts on Mineral Resources) Oil Well Abandonment 89 (5.12-3a) Prior to construction, all abandoned oil wells shall be located and exposed for inspection and leakage testing. Proof of proper abandonment shall be obtained from DOGGR. Said proof, shall be submitted to the Planning Director prior to recordation of final maps for urban development. (Mitigation for potentially significant impacts to Public Health and Safety) 90 (5.12-3b) Abandoned oil wells shall be surveyed and accurately plotted on all future maps related to this Project with a ten-foot no-build radius. A legible copy of a map showing final Project design shall be submitted to the DOGGR. (Mitigation for potentially significant impacts to Public Health and Safety) 91 (5.12-3c) DOGGR shall be contacted to obtain information on the requirements for and approval to perform remedial plugging operations if any other abandoned or unrecorded wells are uncovered or damaged during excavation or grading. (Mitigation for potentially significant impacts to Public Health and Safety) ~ ~t>.K~-s> o ~ >- - l-- m _ r- o l::1 ORIGINAL Exhibit "C " Project #06-0961 Page 20 of 20 92 (5.12-3d) On-site abandoned oil wells shall be examined for contaminated soils. If such soils exist, the soil will be treated in place with best available technology, or capped in place. (Mitigation for potentially significant impacts to Public Health and Safety) ~M~-s> ~ ~ >- - l-- m - ,.... o 0 ORIGINAL EXHIBIT "D" STATEMENT OF FACTS AND FINDINGS ~M~-s> ~ ~ >- .- l-- m - r- o (:) ORIGINAL FINAL FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS FOR THE RIVERVIEW DEVELOPMENT PROJECT EIR GPAlZC 06-0961 SCH NO. 2006061040 ~ . -- 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 IN 10-105074 ~ t>.K~-s> ~ ~ >- i1i l-- r- Q 0 ORIGINAL 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 ~ ~~K~1> o ~ >- - l-- rn _ r- o c;:, ORIGINAL ~ CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 . - BAkERSfiELD 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 IN 10-105074 1 December 2006 ~ ~~K~1> C> % >- - l-- rn _ r- o 0 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 4- . BA}..ERSFIELD 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 schoollpark, 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 schoollpark, 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 <o~I(s: and considered the information contained in the Draft and Final EIRs prepared~ -s>~ >- .- to- rn - r- ~ C7 December 2006 ORIQINAL 2 IN 10-105074 - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAKERSFIELD 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 AestheticslLight 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. ~ ~/l.K~1' o ~ >- - l-- rn 5 0 IN 10-105074 3 December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BA....ERSfIELD 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 STUDYINOTICE 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? IN 10-105074 4 December 2006 ~ <oAK~-s> o % >- iTi l-- r- '0 0 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . B A K E R 5 fiE L D 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 ~ '9~ >- - l-- rn _ r- ,) 0 December 2006 ORIGINAL IN 10-105074 5 - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . B A A E R 5 fiE L D 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? ~ ~"K~-s> o ~ >- - L rn - r- o 0 IN 10-105074 6 December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ,4 . BAJ-.ERSE1ELD 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 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? IN 10-105074 7 December 2006 ~~l(e<9. J. ~ >- ~ !:: 0 <..) ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAJ...ERSflELD According to the Metropolitan Bakersfield General Plan, the Project site is not located within a 1 OO-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 100-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 IN 10-105074 8 eurrently, the Project <o~Ke. ~ -9 cS! o ~ .... .- l-- ~ December 2001> 0 ORIGINAL change in zoning to the Metropolitan Bakersfield General Plan. - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAkERSfiELD 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: IN 10-105074 9 December 2006 ~M~-s> ~ ~ >- - I- rn _ r- <..) 0 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSfiELD 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 SUDDortina Findina 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. IN 10-105074 10 ~ <o"K~~ o ~ ;:.... - .- ." '0 1; December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /h . BA.t.ERSflELD Relevant Planning Policies 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 Supportina Findina 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 andlor 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. IN 10-105074 11 December 2006 ~ ~""K~-9 o ~ ;:.... - I- rn _ r- o 0 ORIGINAL Facts Supportina Findinas - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAkERSFIELD 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 eirculation 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 Supportina Findina 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 Supportina Findina Generally, when liquefaction occurs because of earthquakes, the conditions of cohesionless 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. 'OA/(~-^ ~ "1(p "<\ >- - ~ l!! IN 10-105074 12 December 200600RIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /h . BAKERSfiELD 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 Supportina Findina 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 Supportina Findina 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 schoollpark 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 IN 10-105074 13 December 2006 ~ ~~/(S'1> o ~ >- - l-- m - r- <..) 0 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /h . BAKERSfiELD 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 SUDDortina Findina 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 SUDDortina Findina 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, andlor construction of a school site, all requirements of State Guidelines 9 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 DTse prior to construction. fl./( ~ <0 ~~ o % >- - !:: p:! .::;, l::1 IN 10-105074 14 December 2006 ORIGINAL ~ CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 . - BAKERSFLELD 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 SUDDortina Findina 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 andlor 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 SUDDortina Findina 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 ~ <oAkC'1> o ~ >- - I- rn o t; IN 10-105074 15 December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /h . BAkERSfIELD 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 SUDDortina Findina 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 SUDDortina Findina 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 SUDDortina Findina The maximum predicted impacts were compared to the California and National Ambient Air Quality Standards (CAAQS and NAAQS). The impacts of all pollutants except for PM10 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 ~ ~AKc-9 o <.J'l >- ~ I- m o t; IN 10-105074 16 December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAkERSfiELD 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 Supportina Findina 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 Supportina Findina 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 Supportina Findina IN 10-105074 17 ~ ~A/(~-s> o ~ >- - I rn - r- o c::;, December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 4 . 8A!..ERSF1ELD 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 Supportina Findina 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 Supportina Findina According to the eity 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 ~ <oAK~1> o ~ ~ - ~ m lS G IN 10-105074 18 December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAkERSfiELD 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 Supportina Findinas 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, AestheticslLight 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 ~A/(C". ~ ~O' >- ~ r- rn - r- IN 10-105074 19 December 2006 OORIGINAl - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAJ-ERSfIElD 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 SUDDortina Findina 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 SUDDortina Findina As discussed in Section 3.0, PROJEeT DESCRIPTION, future development of on-site uses will include residential uses as well as a schoollpark, 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 ~ ~AKc1> o ~ >- - l-- m o l; IN 10-105074 20 December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAKERSflElD 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 less than significant levels with implementation of required mitigation for noise, traffic and air quality; refer to appropriate sections of this EIR. Facts SUDDortina Findina Land use compatibility is primarily determined by the sensitivity of one land use to the characteristics associated with another land use (Le., 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 eIRCULATION, 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 IN 10-105074 21 December 2006 ~ ~AK~-s> o ~ >- - l-- m _ r- <..) 0 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ,4 . BAKERSfIELD 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 Supportina Findina 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 5.2-1a through 5.2-1c of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.2-1a 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 ~ ~A.K~1> o ~ ~ - l-- m 22 December 200tt; S ORIGINAL IN 10-105074 - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAKERSFIELD 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 andlor 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 Supportina Findina 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 CBe. 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 <oAKc.L\ ~ ''(p >- ~ . m o r- 23 December 2006 ORIGINA~ IN 10-105074 /k . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 BAKERSFiELD - 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 backhoelexcavator 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 RiverlOlder 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 tracelzone, 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 Suooortina Findina 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 provide the adequate level of information to properly design and engineer future ~ <o"'K~-s> o ~ ;:.... - t- m _ r- <..) 0 ORIGINAL IN 10-105074 24 December 2006 - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAKERSfIELD 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 Supportina Findina 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 landsides 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. IN 10-105074 25 December 2006 ~ ~"'K~-9 o % >- - l-- m r- <..) 0 ORIGINAL ~ flA....ERSflELD . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 - Expansive SoilslSlope 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 slopelsoil stability characteristics. Implementation of the required mitigation measures would reduce this potential impact to a less than significant level. Facts SUDDortina Findina 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 filllshear 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 selective grading techniques to place more highly expansive soils well <oAK~ J. -SlIP ~ ~ 26 December 2006 (3 G ORIGINAL IN 10-105074 - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /h . BAKERSFiELD 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 Suooortina Findina 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 Suooortina Findina 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 IN 10-105074 27 December 2006 ~ ~"'Kc1J o % ;:.... .- t- m - r- <..) 0 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BA"ERSflELD 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 5.3-1 a through 5.3-1 c 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. 5.3-1 b Drainage system design requirements for the future developments and all future roadways shall include, but not limited to: . 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 IN 10-105074 28 December 2006 ~ ~"'Kc-9 c ~ >-. - .... rn - r- <..) 0 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 4 . BAKERSFIELD 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 SUDDortina Findina 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: Durina 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 IN 10-105074 29 December 2006 ~ ~"I(~1> o ~ .).. - .... rn - r- (,) 0 ORIGINAL ~ . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 BAKERSFIELD - 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. 5.3-3b 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. 5.3-3c 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 Supportina Finding 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. IN 10-105074 30 December 2006 ~ ~AK~1> ~ ~ .:... - I- rr - .. (,) c ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAKERSFIELD 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 SUDDortina Findina 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: IN 10-105074 31 December 2006 ~ 'QAIC~'9 C) % ~ - !:: ~ (.) (:) ORIGINAL ~ BAkERSfIELD . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 - 5.4-1 a 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 Supportina Findina 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. ~ <oAK~-s> o ~ ~ m December 2006 (3 [; ORIGINAL 32 IN 10-105074 - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAJ...ERSflELD 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 SUDDortina Findina 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, andlor 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 SUDDortina Findina 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 ~ <o"K~-9 o ~ >- - '- ~ <..) 0 IN 10-105074 33 December 2006 ORIGINAL ~ BAhERSFIELD . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 - 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 SUDDortina Findina 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. IN 10-105074 34 December 2006 ~ <oAK~~ o ~ >- - I- m _ r- <..) 0 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAkERSfiELD 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, aI/ 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." AESTHETICS/LlGHT AND GLARE Off-Site 5.5-3 Future development aI/owed 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 SUDDortina Findina 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 eity's ~ ~A/(~-? o % ;:.... - I- m - t- <..) 0 ORIGINAL IN 10-105074 35 December 2006 - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BA.....ERSFlELD 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 additional light/glare beyond existing conditions due to street lighting and project-related vehicular traffic. Less than significant impact with incorporation of mitigation measures. Facts Supportina Findina 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 andlor 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: IN 10-105074 36 December 2006 !< 'O"/(~~ <:) ~ .:... - .... rn - r- <..) 0 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BA.....ERSFIELD 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 RiveNiew 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 SUDDortina Findina 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: IN 10-105074 37 ~ <oAI(~-9 o ~ ,)... - . m o r- December 2006 ORIGINAL /h BAi..ERSFlELD . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 - 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 eity 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 Supportina Findina 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. IN 10-105074 38 ~ ~fl.kS'-9 <::) % .:>.. - I- rn - r- '-' 0 December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAJ-.ERSflELD Facts SUDDortina Findina 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 SUDDortina Findina 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. ~ ~~K~-s> o % >- - l-- rn _ r- <..) (:) ORIGINAL IN 10-105074 39 December 2006 - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /h . BAkERSFIELD 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 Supportina Findina 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 (i.e., 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 (i.e., 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. IN 10-105074 40 December 2006 ~ ~A./(S'1l o % .)... - l-- rn - r- o 0 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /h . BAh.ERSFI.ELD 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 SUDDortina Findina 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 ~ ~"'K~-? o ~ >- - ..... rn <3 b IN 10-105074 41 December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSfiELD temporary construction noise would result in a less than significant impact with compliance with City policies and implementation of mitigation measures. Facts Supportina Findina 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 ground borne 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 5.7-1a 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. IN 10-105074 42 December 2006 ~ ~/l.Kf~ >- .- 5 ~ ORIGINAL 4- BAkERSfIELD . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 - 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 (Le., walls andlor earthen berms) shall be constructed at the following proposed-single and multi-family residential locations: IN 10-105074 43 J. <o~j(C-9~ >- IT t- r- December 2006"0 0 ORIGINAL ~ . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 BAKERSfiELD - 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. . . . . . . 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 eanyon Road; and . Within 554 feet of the centerline of Kern Canyon Road west of SR- 178. IN 10-105074 44 December 2006 ~ ~"K~-s> o ~ >- .- ..... rn - r- <..) 0 ORIGINAL ~ BAJo..ERSfl.ELD . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 - 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 SUDDortina Findina 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, poollspa 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 eity Planning Department to confirm that electrical and mechanical equipment (Le., 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. 45 ~M~-s> J. ~ >- - .- rn - r- <..) 0 ORIGINAL IN 10-105074 December 2006 ~ BAJo..ERSflELD . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 - 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 Supportina Findina 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 46 ~ <o"K~-9 o % >- - ..... m _ r- <..) 0 ORIGINAL IN 10-105074 December 2006 - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BA....ERSflELD · Rule 8071 Fugitive dust requirements for control of fine particulate matter from vehicle andlor 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: 5.8-1 a 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. IN 10-105074 47 December 2006 ~ ~M~1> o % >- - l-- m _ r- <..) 0 ORIGINAL ~ BAkERSfiELD . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 - 5.8-1 b . 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). 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 48 ~ ~AK~1> o ~ >- - I- rn - r- <..) 0 ORIGINAL IN 10-105074 December 2006 /k . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 BAJ.ERSFIELD - 5.8-1c 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 andlor 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 stabilizerlsuppressants. . 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 andlor the Developer shall submit a written statement to the eity 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 andlor the Developer shall submit a written statement that they will allow an authorized representative of the SJVUAPCD to review construction equipment activity and mitigation measure records for the purpose of ~ ~"#(~~ o % >- ..- l-- rn - ,... o 0 ORIGINAL IN 10-105074 December 2006 49 - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /h . BAkERSfIELD 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 SUDDortina Findina 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 Short-Term (Construction) 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 IN 10-105074 50 Decem ber 2006 ~ ~f>,K~?> o % ;.... - l-- m r- <..) 0 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAkERSfIELD minimization measures outlined throughout this EIR, would reduce impacts to less than significant levels. Facts Supportina Findina 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 significart. 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 Supportina Findina 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. IN 10-105074 51 ~ ~AK~'9. o ~ >- - l-- rn o I; December 2006 ORIGINAL /h BAI\.ERSFlElD . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 - 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 ealifornia 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 ~ ~~/(~1> o ~ >- - l-- rn - r- o 0 ORIGINAL IN 10-105074 52 December 2006 ~ BAkERSfIELD . CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 - 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 SUDDortina Findina 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, IN 10-105074 53 December 2006 ~ ~A/(c"9 o % >- - l-- m - r- o C) ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ~ . BAkERSfiELD 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, AESTHETICSILlGHT 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 andlor 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, IN 10-105074 54 December 2006 ~ ~AI(~-9 o (p .:>.. ~ l-- m o r- (:) ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAJ-.ERSflELD AESTHETICS/LlGHT 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 Supportina Findina 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: 5.10-1a If archaeological resources are discovered during excavation and grading activities on-site, the contractor shall stop all work and the eity 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 eEQA 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 IN 10-105074 55 December 2006 ~ ~A/(~'9 o % .:... - I- rn - r- <..) 0 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSfIELD 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 Supportina Findina 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. 5.10-2b Prior to the issuance of a grading permit, the grading plans shall state that the paleontologic consulting firm's principal paleontologist, field supervisor andlor 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 IN 10-105074 56 December 2006 ~ <O"/(~1> C) ~ >- -- t- rn _ r- (,) 0 ORIGINAl -- CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 ,4 . BA.....ERSF1ELD 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. 5.10-2e 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. 5.10-2f 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. IN 10-105074 57 ~ <o~K~-s> o ~ >- - ..... rn December 2006 (3 :; ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSFIELD 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 SUDDortina Findina 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 Jaunt/Barbara 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. IN 10-105074 58 ~ f(,"'k~1> <:> ~ ;:.... - ~ rn (3 G December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . B A k E R S FIE L D 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: 5.11-1 a 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 SUDDortina Findina 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 IN 10-105074 59 December 2006 ~ f(,"'Kf~ <:> ~ ;:.... .".. !:: I!! (,) <::7 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 & . BAkERSFIELD 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 SUDDortina Findina 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 IN 10-105074 60 December 2006 ~ f(,~k~1l <:> % ;:.... - ~ m - r- (,) C) ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSFIELD 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 SUDDortina Findina 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 Ibs). 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, IN 10-105074 61 December 2006 ~ f(,~kc1l o % ;:... - ~ rn _ r- o <<:::7 OR"~I~I^l 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. - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSFIELD 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 signific~nce. 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 non recyclable items. All recyclable debris shall be transported to appropriate recycling facilities so as to reduce waste disposed of at County landfills. Additionally, recyclable materials and materials consistent with the waste- reducing goals of the City 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 SUDDortina Findina 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-siteS; however, more information is required pending the final IN 10-105074 62 ~ -oMc-? <:> ~ ;:.... - ~ rn _ r- o C) December 2006 ORIGINAL 3 Letter from Pacific Gas and Electric regarding electricity, dated July 25, 2006. 4 Ibid. 5 Ibid. - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSFIELD 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 SUDDortina Findina 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. IN 10-105074 63 December 2006 ~ -oMc1> o % ;:.... - ~ rn - r- o C) ORIGINAL 6 Ibid. - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . B A k E R S FIE L D 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 SUDDortina 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 ~ 'OAk~-9 o % ;:.... - ~ m o b IN 10-105074 64 December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSFIELD 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 SUDDortina Findina 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 IN 10-105074 65 December 2006 ~ -oMc1l o ~ ;:.... - ~ rn _ r- o <<:::7 ORIr:IMI\L - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSFIELD 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 SUDDortina Findina 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 (i.e., 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"'~~1l <:> % ~ m o r- IN 10-105074 66 December 2006 ORIGINA.I~ - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSFIELD 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 SUDDortina Findina 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: IN 10-105074 67 ~ f(,"'k~1l <:) ~ ;:... - .... m o b December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . B A k E R S FIE L D 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 Project/Development in Accordance with Existing General Plan Designation" Alternative, the Project site would be developed to the maximum intensity allowed under the existing General Plan land use designation 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 915126(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. IN 10-105074 68 ~ f(,~kc'2 o ~ ~ m - r- December 2006 c..:> C) ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSFIELD 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 IN 10-105074 69 December 2006 ~ 'O~~, ;:.... - 5 & ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSFIELD 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. IN 10-105074 70 ~ 'O~K~~ <:> It ;:.... - 5 G December 2006 ORIGINAL EXHIBIT "E" STATEMENT OF OVERRIDING CONSIDERATIONS f(,t-.Kc-9 ~ ~ ;:.... - ~ rn _ r- o c:;, ORIr,It\IAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . B A k E R S FIE L D 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: IN 10-105074 71 ~ f(,~Kc-? <:> ~ ~ m (3 b December 2006 ORIGINAL - CITY OF BAKERSFIELD Riverview Development GPAlZC 06-0961 SCH NO. 2006061040 /k . BAkERSFIELD 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. IN 10-105074 72 ~ 'OMc1l o ~ >- - = ~ o 0 December 2006 ORIGINAL EXHIBIT "F" MITIGATION MONITORING AND REPORTING PROGRAM ~ 'OMc-? <:> % ;:.... - I- rn - r- o <::7 ORIGINAL .... co::: ~O ...."I""Q. z:8w W:8o::: :i~.... Q. '0 OOe( ...JzQ. WJ::i >0_ W~...J C~e( ~cn.... W9Z -:8w ~d:i wzz >00 -~o::: O:::q,- a.> (!)z W l- t/) :J ~ o W J: o C) z i= IX o Q. W IX C Z <( C) Z IX o !::: z o :E z o ~ C) i= :E G) u c ,!! C. E o o '0 c o ;i C'G U q:: 'i: G) > e ~ en C'G G) ::IE c o ~ C) ;i i C) c 'i: G) G) c 's, c W u IE l! 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'iij g> ~ J::oc: <11_ ._ _1Il~ ffi20 .2'(ij ~ c.'OOl o.Ol"O <( 'O"(ij t)'-..c Ol a.. 5 '0' Ol 0 ....~ .... a..~.E Ol-c: = 5.2 ....-=:'0 C:OOl OlOl= E= 0 g.8~ 'Q)20 > <II Iii OlIIl"O "03:c: 0- III _IIlE .... l!! .2 Ol iii a: '2 'E ---::lOl o _ ~~Q "1""""._ L.l .....>~ Lrie:!:: ....... 0. 3: co e e N a::: UJ lJ:l ~ UJe ON ~'O -. ~"I(~~~ ~ ~ 25-1Il S ir:a.. o ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 15th day of March, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4418 ,passed by the Bakersfield City Council at a meeting held on the 14th day of March. 2007 and entitled: AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING ZONING 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, THOSE CERTAIN PROPERTIES WITHIN THE CITY OF BAKERSFIELD LOCATED EAST OF KERN CANYON ROAD (HIGHWAY 184), APPROXIMATELY 1 Y2 MILES NORTH OF BRECKENRIDGE ROAD, BETWEEN THE FUTURE EXTENSION OF EDISON ROAD ON THE WEST AND COMANCHE DRIVE TO THE EAST; COMPOSING THE MAJORITY OF SECTION 21, T29S, R29E, M.D.M. (ZONE CHANGE NO. 06-0961). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield ~~g;f!i~~ S:\DOGUMENT\FORMS\AOP .ORD.wpd 3/15/2007 ~ f(,Ak~1l C) % ;:... - ~ m - r- o C) ORIGINAL