HomeMy WebLinkAboutRES NO 161-07
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CERTIFYING IT HAS RECEIVED, REVIEWED, EVALUATED AND
CONSIDERED THE INFORMATION CONTAINED IN THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN
AMENDMENTSPECIFIC PLAN, AND CONCURRENT ZONE CHANGE NO.
03-1544, THE WEST MING PROJECT, AND CERTIFYING THAT THE
FINAL ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, THE STATE CECA GUIDELINES, AND THE CITY OF BAKERSFIELD
CEQA IMPLEMENTATION PROCEDURES, AND MAKING FINDINGS AND
ADOPTING A MITIGATION MONITORING PLAN.
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WHEREAS, Castle and Cooke California, Inc. made application for a concurrent general plan
amendment, specific plan and zone change for property generally bounded Ming Avenue on the north,
Southern Pacific Railroad (Asphalto Branch) and Pacheco Road on the south, and Buena Vista Road
on the east, and the alignment of the future West Beltway on the west, as shown in attached Exhibit
"A," to allow development of the West Ming master-planned community on approximately 2,182 acres,
more specifically stated as follows:
General Plan Amendment No. 03-1544:
A requested General Plan Amendment to change the Metropolitan Bakersfield General
Plan Land Use Map designation from R-IA (Resource - Intensive Agriculture), R-MP
(Resource - Mineral Petroleum), and OS (Open Space) to West Ming SpeCific Plan,
and change the Kern River Plan Element Land Use Designations from 8.1 (Intensive
Agriculture), 8.1/2.1 (Intensive Agriculture/Seismic Hazard Overlay), 8.4 (Mineral and
Petroleum), and 2.5 (Flood Plain Overlay) to West Ming Specific Plan.
A request to amend the Circulation Element of the Metropolitan Bakersfield General
Plan to change the Circulation Element alignment of the collector roads within the
project boundaries to deviate from the current grid pattern.
Adoption of the West Mina Specific Plan:
A request to approve the West Ming Specific Plan which would change existing
Metropolitan Bakersfield General Plan and the Kern River Plan Element Land Use
Elements to WM-LR (West Ming - Low Density Residential) on 448 acres; to WM-LMR
(West Ming - Low Medium Density Residential) on 980 acres; to WM-HMR (West Ming -
High Medium Density Residential) on 378 acres, to WM-HR (West Ming - High Density
Residential) on 43 acres, to WM-GC (West Ming - General Commercial) on 41 acres, to
WM-OC (West Ming - Office Commercial) on 9 acres, to WM-MU (West Ming - Mixed
Use) on 63 acres, and to WM-SU (West Ming - Special Use) on 220 acres.
Concurrent Zone Chanae No. 03-1544:
A concurrent Zone Change from County Zoning Districts A (Exclusive Agriculture), A-GH
(Exclusive Agriculture - Geologic Hazard Combining), FPP (Floodplain Primary), and City
Zoning District A-20A (Agriculture - 20 acre minimum) to WM-R1 (West Ming One Family
Dwelling Zone) on 448 acres, to WM-R2 (West Ming Limited Multiple Family Dwelling Zone)
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on 1,358 acres, to WM-R3 (West Ming Limited Multi-Family Dwelling Zone) on 43 acres, to
WM-CO (West Ming Professional and Administrative Office Zone) on 41 acres, to WM-GC
(West Ming General Commercial Zone) on 9 acres, to WM-TC (West Ming Town Center
Zone) on 63 acres, and to WM-SU (West Ming Special Use Zone) on 220 acres; and
approving the Development Agreement.
WHEREAS, for the above-described project, it was determined that the proposed project may
have a significant effect on the environment and, therefore, an EIR was required for the project in
accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the City of Bakersfield retained the professional consulting services of Michael
Brandman Associates (MBA) to prepare the Initial Study, EIR and related documents; and
WHEREAS, for the above-described segment, an Initial Study was conducted and it was
determined that the proposed project may have a significant effect on the environment and an
Environmental Impact Report (EIR) would be prepared; and
WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on May 11, 2005
for a 30 day review period in accordance with CEQA; and
WHEREAS, a public scoping hearing was held on June 1, 2005 to receive input from the public
and agencies on the Initial Study and scope of the Draft EIR; and
WHEREAS, a Draft EIR was prepared and circulated to interested parties and agencies and a
notice of availability was sent to property owners within 300 feet of the project site on September 1 ,
2006 in accordance with CEQA for a 45 day review period concluding on October 16, 2006; and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the Draft
EIR was submitted to the State Clearinghouse (SCH #2005051055) on September 1, 2006 to start
the 45 day review period to end on October 16, 2006 in accordance with CEOA; and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of City of Bakersfield CEQA Implementation Procedures, held a public hearing on
Thursday, October 5, 2006 on the adequacy of the Draft Environmental Impact Report; and
WHEREAS, on December 11,2006, the Final EIR was completed and was provided to
commenting parties and agencies; and
WHEREAS, the Planning Commission, through its Secretary, did set, MONDAY, DECEMBER
18, 2006, at the hour of 12:15 p.m. in the Council Chambers of City Hall, and THURSDAY,
DECEMBER 21, 2006, at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun
Avenue, Bakersfield, California, as the time and place for a public hearing before said Planning
Commission on said application and accompanying proposed Specific Plan and Environmental Impact
Report, and notice of the public hearing was given in the manner provided in Title Seventeen of the
Bakersfield Municipal Code; and
WHEREAS, the public hearing held on December 21,2006 was closed and the matter was
continued to January 4, 2007 in order that comments submitted shortly before said public hearing
could be considered and responded to; and
WHEREAS, on January 4, 2007, the Planning Commission adopted Resolution 04-07
recommending certification of the Final EIR for the West Ming project to the City Council; and
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WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of
Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY,
FEBRUARY 7,2007 on the above described Case No. 03-1544 of the proposed amendment to
the Land Use Element of the Metropolitan Bakersfield General Plan, notice of time and place of
the hearing having been given at least ten (10) calendar days before the hearing by publication
in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, the public hearing before the City Council held on February 7,2007 was closed
and the matter was continued to February 28, 2007 in order that comments submitted shortly before
said public hearing could be considered and responded to; and
WHEREAS, prior to City Council action on the Final EIR, the City decided to recirculate the
Draft EIR in accordance with CEQA Guideline Section 15088.5; and
WHEREAS, the City does not consider the new information that has been presented as part
of the EIR subsequent to the public distribution of the Draft EIR on August 31,2006 as "significant,"
the recirculation of the Draft EIR provides the public additional review of the environmental
information in the EIR in accordance with Section 15088.5 of CEQA Guidelines; and
WHEREAS, revisions to the original Draft EIR made as part of the Recirculated Draft EIR
merely clarify or amplify or make insignificant modifications in the adequate original Draft EIR
and technical reports; and
WHEREAS, the revisions do not change the significance of any of the environmental
impacts and/or findings within the Draft EIR; and
WHEREAS, new information provided with the Final EIR in the manner of reports and
responses which clarified information in the Recirculated Draft EIR do not alter the conclusions
contained within the original Draft EIR; and
WHEREAS, no new significant environmental impact or substantial increase in the
severity of environmental impacts has been identified in the Final EIR, which was not identified
in the Recirculated Draft EIR; and
WHEREAS, the Recirculated Draft EIR was prepared and recirculated in accordance with
Section 15088.5 of CEQA Guidelines; and
WHEREAS, a Recirculated Draft EIR was prepared and circulated to interested parties and
agencies and a notice of availability was sent to property owners within 300 feet of the project site
on April 4, 20072006 in accordance with CEQA for a 45 day review period concluding on May 21,
2007; and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the
Recirculated Draft EIR was submitted to the State Clearinghouse (SCH #2005051055) on April 4,
2007 to start the 45 day review period to end on May 21, 2007 in accordance with CEQA; and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of City of Bakersfield CEQA Implementation Procedures, held a public hearing on
Thursday, May 3, 2007 on the adequacy of the Recirculated DEIR; and
WHEREAS, on June 11, 2007, the Final EIR was completed and was provided to
commenting parties and agencies; and
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WHEREAS, the Planning Commission, through its Secretary, did set, MONDAY, JUNE 18,
2007, at the hour of 12:15 p.m. in the Council Chambers of City Hall, and THURSDAY, JUNE 21,
2007, at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue,
Bakersfield, California, as the time and place for a public hearing before said Planning Commission on
said application and accompanying proposed Specific Plan and Environmental Impact Report, and
notice of the public hearing was given in the manner provided in Title Seventeen of the Bakersfield
Municipal Code; and
WHEREAS, on June 21, 2007, the Planning Commission adopted Resolution 107-07
recommending certification of the Final EIR for the West Ming project to the City Council; and
WHEREAS, the environmental record prepared in conjunction with the project includes the
following:
1. The Recirculated Draft and Final Environmental Impact Report;
2. The Recirculated Draft and Final West Ming Specific Plan and Development
Agreement;
3. All staff reports, memoranda, maps, letters, minutes of meetings and other
documents prepared by the consultants relating to the project;
4. The proceedings before the Planning Commission relating to the project, the
Recirculated Draft EIR and the Final EIR, including testimony and documenting
evidence introduced at the public hearings; and
5. Matters of common knowledge to the Planning Commission which it considered
including but not limited to the following:
a) The Metropolitan Bakersfield General Plan;
b) The City of Bakersfield Zoning Ordinance;
c) The City of Bakersfield Municipal Code;
d) Other formally adopted policies and ordinances of the City of Bakersfield;
and
WHEREAS, the Recirculated Draft EIR was subject to a forty-five day review period in
accordance with Section 15087 of the CEQA Guidelines; and
WHEREAS, the public hearing on the Recirculated Draft EIR was held during the latter half
of the public review period as is required by the City of Bakersfield CEQA Implementation
Procedures; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Environmental Impact Reports as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by the City staff and the Planning Commission; and
WHEREAS, in accordance with CEQA Guidelines Section 15132, the Recirculated Final
EIR consists of the following:
1. The Recirculated Draft EIR;
2. Comments and recommendations received on the Recirculated Draft EIR either
verbatim or in summary;
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3. A list of persons, organizations and public agencies commenting on the Recirculated
Draft EIR;
4. The responses of the Lead Agency to significant environmental points raised in the
review, comment and consultation process, and associated errata to the
Recirculated EIR and Final West Ming Specific Plan; and
WHEREAS, the Recirculated Final EIR for GPAlZC 03-1544 was prepared in accordance
with CEQA Guidelines Section 15132; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of
Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY,
AUGUST 15, 2007 on the above described Case No. 03-1544 of the proposed amendment to
the Land Use Element of the Metropolitan Bakersfield General Plan, notice of time and place of
the hearing having been given at least ten (10) calendar days before the hearing by publication
in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 107-07, adopted on June21, 2007:
1. The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and
the Planning Commission; and
2. In accordance with State CEQA Guidelines Section 15151, the Planning Commission
considered the following direction regarding "standards for adequacy" of an EIR:
An EIR should be prepared with a sufficient degree of analysis to provide decision-
makers with information which enables them to make a decision which intelligently
takes account of environmental consequences. An evaluation of the environmental
effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is
to be reviewed in the light of what is reasonably feasible. Disagreement among
experts does not make an EIR inadequate, but the EIR should summarize the main
points of disagreement among the experts. The courts have looked not for perfection
but for adequacy, completeness, and a good faith effort at full disclosure; and
3. In accordance with CEQA Guidelines Sections 15151 and 15090, the Final EIR was
considered for adequacy, completeness and good faith effort at full disclosure and has
been completed in compliance with CEQA; and
4. Attached Exhibit "B" containing the "Statement of Facts, Findings, and Mitigation
Measures" are appropriate and incorporated into the project; and
5. Attached Exhibit "C" containing the "Mitigation Monitoring and Reporting Program" is
incorporated into the project; and
6. The Final EIR analyzed a reasonable range of alternatives to the project, each of which
has been rejected as infeasible due to specific considerations in accordance with State
CEQA Guidelines Section 15091, as supported by the substantial evidence contained in
the "Statement of Facts, Findings, and Mitigation Measures" in Exhibit "B"; and
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WHEREAS, in accordance with State CEQA Guidelines Section 15132, the Recirculated
Final EIR consists of the following:
1. The Recirculated Draft EIR;
2. Comments and recommendations received on the Recirculated Draft EIR either verbatim
or in summary;
3. A list of persons, organizations and public agencies commenting on the Recirculated
Draft EIR;
4. The responses of the Lead Agency to significant environmental points raised in the
review and consultation process and associated errata to the Recirculated EIR; and
WHEREAS, the Recirculated EIR Final EIR for General Plan Amendment/Specific Plan/Zone
Change No. 03-1544 was prepared in accordance with State CEQA Guidelines Section 15132; and
WHEREAS, in accordance with State CEQA Guidelines Section 15090 the lead agency (City
of Bakersfield) shall certify that:
(a) The Recirculated Final EIR has been completed in compliance with CEQA; and
(b) The Recirculated Final EIR was presented to the decision-making body of the Lead
Agency and that the decision-making body reviewed and considered the information
contained in the Recirculated Final EIR prior to approving the project.
WHEREAS, in accordance with State CEQA Guidelines Sections 15151 and 15090, the
Recirculated Final EIR was considered for adequacy, completeness and good faith effort at full
disclosure and has been completed in compliance with CEQA; and
WHEREAS, revisions to the Recirculated Draft EIR made as part of the Recirculated
Final EIR merely clarify or amplify or make insignificant modifications in the adequate
Recirculated Draft EIR and technical reports; and
WHEREAS, the revisions do not change the significance of any of the environmental
impacts and/or findings within the Draft EIR; and
WHEREAS, new information provided with the Recirculated Final EIR in the manner of
reports and responses which clarified information in the Recirculated Draft EIR do not alter the
conclusions contained within the Recirculated Draft EIR; and
WHEREAS, no new significant environmental impact or substantial increase in the
severity of environmental impacts has been identified in the Recirculated Final EIR, which was
not identified in the Recirculated Draft EIR; and
WHEREAS, no project alternatives or mitigation measures have been identified that the
project proponent has declined to adopt; and
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
1.
The City Council hereby certifies that it has received, reviewed, evaluated and ti< ~AK$-'9
considered the information contained in the Recirculated Final EIR for General Plan ~ ~
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6 "ORIG/NAf
Amendment/Specific Plan/Zone Change No. 03-1544.
2. The City Council hereby certifies the Recirculated Final EIR for General Plan
Amendment/Specific Plan/Zone Change No. 03-1544 (West Ming Project).
3. The above recitals and findings incorporated herein by reference are true and correct
and constitute the Findings of the City Council in this matter.
4. That all required notices have been given.
5. The provisions of CECA have been followed.
6. The City Council hereby finds the mitigation incorporated into the project avoids
impacts or mitigates impacts to a less than significant level.
7. Certain environmental impacts regarding traffic, noise, and agricultural resources are
considered unavoidable and cannot feasibly be mitigated to a less than significant
level. Moreover, the project alternatives analyzed in the Recirculated Final EIR would
not feasibly mitigate these impacts.
8. The Recirculated Final EIR has been reviewed by the City Council of the Lead Agency
and the findings contained therein reflect the City Council's independent judgment and
analysis.
9. Recirculation ofthe EIR is not necessary because no significant new information been
added to the EIR after public notice was given of the availability of the Recirculated
Draft EIR for public review under CEQA Guidelines section 15087 but before
certification; no new significant environmental impacts have been identified, there is no
substantial increase in the severity of environmental impacts no new project
alternatives or mitigation measures have been identified that the project proponent has
declined to adopt, and the EIR is adequate in all respects and meaningful public
review and adequate opportunity for public comment have been provided.
10. All of the foregoing findings are supported by substantial evidence in the record of the
proceedings before the Planning Commission, which is maintained by the City's
Planning Director in the Planning Department's office at 1715 Chester Avenue,
Bakersfield, CA 93301, and of the proceedings before the City Council, which is
maintained by the City Clerk in the City Clerk's offices at 1501 Truxtun Avenue,
Bakersfield, CA 93301.
11. The Planning Division of the Development Services Department is hereby directed to
file a Notice of Determination with the County Clerk of Kern County, pursuant to the
provision of Section 21152 of the Public Resources Code and Section 15094 of the
State CEQA Guidelines.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted br the Council of
the City of Bakersfield at a regular meeting thereof held on AUG 1 5 toO by the
following vote:
~
NOES:
ABSTAIN:
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COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER: l'1 0 IV\. \h.n r-v-.- )
PAMELAA. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: &v1h..~
EXHIBIT A
B
C
Location Maps
Statement of Facts, Findings, and Mitigation Measures
Mitigation Monitoring and Reporting Program
Jeng/ S:IWest Ming Specific PlanICC\AUG 15-07\CC FEIR.doc
July 24, 2007
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EXHIBIT "A"
WEST MING (GPA/ZC #03-1544)
LOCATION MAPS
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EXHIBIT "B"
CEQA Findings and Findings of Fact
for the
West Ming Specific Plan
Prepared for:
City of Bakersfield
Development Services Department
1715 Chester Avenue
Bakersfield, CA 93301
661.326.3043
Contact: Ms. Jennie Eng, Principal Planner
Prepared by:
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, CA 92602
714.508.4100
Contact: Michael E. Houlihan, AICP, Project Director
.
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.Mh~n,1(.': H::'~l1t~;,:nf:':(~ ,.:\"::;; ;.,Ci"llx:~'"
August 14, 2007
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Table of Contents
TABLE OF CONTENTS
,
Section 1: Introduction ........ ............ .......... .............. .......... ........... ................... ....... ...... ..... 1
Section 2: Project Description...... .... ...... .......... ...... ........... .... ... .... ...... ..... I' .............. .......... 6
Section 3: Mitigated Project-Level and Cumulative Adverse Impacts............................ 8
3.1 - Air Quality... ~..................... .......... ...... ................ ......................................... ....... 8
3.2 - Biological Resources..................................................................................... ..12
3.3 - Cultural Resources.................................. ....................................................... .14
3.4 - Geology and Soils........................................................ ...... ............................. .18
3.5 - Hazards and Hazardous Materials..... ..... ....................................................... ..20
3.6 - Hydrology and Water Quality ...........................................................................30
3.7 - Noise... ........................................................................................................... .35
3.8 - Public Services...... ......................................... ................................................ .42
3.9 - Utilities and Service Systems............................. ........................................... ...44
3.10 - Mineral Resources ......... ........... ................... ............. .......................... .......... .49
3.11 - Cumulative Impacts........................... ........................................................ ....50
Section 4: Significant and Unavoidable Adverse Impacts..............................................68
4.1 - Agricultural Resources.... ............ ................ ................................................... ..68
4.2 - Noise.............. ................................................... ..............................................75
4.3 - Transportation....................... ........ ................... ................................................76
Section 5: Feasibility of Project Alternatives ................................................................105
5.1 - No Project/No Development Alternative ........... ........... ........... ....... .... .............1 06
5.2 - Reduced Intensity Alternative ....... .......... .......................................................107
5.3 - Alternative Site............................................ ...................................................108
5.4 - Environmentally Superior Alternative.............................................................1 09
Section 6: Additional Findings .................................................... ...................................11 0
6.1 - Monitoring Program.............. ............................... ..................... ................ .....11 0
6.2 - Recirculation.................... ........... ......... ..... .................................................... .11 0
6.3 - Location and Custodian of Documents and Other Materials...........................111
Attachment A: Statement of Overriding Considerations
Michael Brandman Associates
C:\DOCUME-l \jeng\LOCALS-1 \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Introduction
SECTION 1:
INTRODUCTION
In compliance with the requirements ofthe California Environmental Quality Act (CEQA) and the
CEQA Guidelines, the City of Bakersfield has conducted an environmental review of the proposed
West Ming Specific Plan. A Notice of Preparation was released for public review in May 2005. In
August 2006, the Draft EIR was released. After receiving public comment on the Draft EIR, the City
prepared a document entitled Responses to Comments on the Draft EIR (RTC). The RTC Document
includes the verbatim comments received on the Draft EIR, a list of those commenting, the City's
responses to the significant environmental points raised in the review and consultation process, and
the various written responses prepared by the City's technical consultants which were used, in part, in
the preparation ofthe City's responses. In addition, three Addenda to the Response to Comments
Document were prepared by Michael Brandman Associates; one dated December 14,2006, the
second dated February 26, 2007, and the third dated April 12, 2007. The Addenda consist ofland use
information and other modifications that clarify the information in the Draft EIR and the information
and modifications were added to the Errata of the RTC Document. In response to certain comments,
the Draft EIR was modified, as set forth in the responses to comments. Subsequent to the distribution
of the RTC on December 8, 2006 for public review, the California Department of Transportation
(Caltrans) provided a comment letter dated December 13,2006 and a response to the co~ment letter
was provided by McIntosh & Associates in a letter dated December 15, 2006. Caltrans provided an
additional comment letter dated December 19, 2006, but no additional response was determined to be
warranted. On December 15,2006, the City of Bakersfield Water Resources Department provided
clarification regarding the Water Supply Assessment that was prepared for the project. The City of
Shafter provided a comment letter dated December 21, 2006. Responses to the City of Shafter
comments were provided in a memorandum dated January 3,2007 from the City of Bakersfield
Planning Department. On February 7, 2007, McIntosh & Associates provided a letter to clarify traffic
mitigation and on March 30, 2007, the City of Bakersfield Public Works Department provided a
response. In addition, on February 7, 2007, the City of Shafter provided an additional comment letter
on the West Ming Specific Plan EIR. A response memorandum dated February 26, 2007 was
prepared by the City of Bakersfield Planning Department to respond to each of the comments. On
February 26, 2007, the City ofShafter provided three comment letters and the City of Bakersfield
responded to the comments in the three letters in the February 28, 2007 letter prepared by the City of
Bakersfield Public Works Department and in the February 28, 2007 letter prepared by the City of
Bakersfield Water Resources Department. Furthermore, a letter was submitted by the San Joaquin
Air Pollution Control District identifying there were no issues related to the air quality evaluation and
a letter was prepared by McIntosh & Associates regarding a minor revision to a hazards and
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Introduction
hazardous materials mitigation measure. Finally, the City of Shafter provided a further comment
letter dated February 28, 2007, but no additional response to this letter was warranted.
On April 3, 2007, prior to the City Council taking action on the EIR and approval ofthe project, the
City decided to recirculate the EIR. Although the City does not consider the new infonnation that
had been presented as part of the EIR subsequent to the public distribution of the Draft EIR on
August 31,2006 as "significant", the City decided to provide the public additional review of the
environmental infonnation in the EIR in accordance with Section 15088.5 of the California
Environmental Quality Act Guidelines. Therefore, the EIR was distributed to the public as a
Recirculated Draft EIR. On May 4, 2007, the City of Bakersfield distributed a comment letter that
was inadvertently not included in the Recirculated Draft EIR for the West Ming Specific Plan project.
The comment letter was from the City of Shafter dated February 26, 2007, and was distributed by the
City of Bakersfield to the State Clearinghouse as well as the agencies and interested persons that
received the Recirculated Draft EIR.
The Recirculated Draft EIR consists of the Draft EIR, RTC Document, the three Addenda to the RTC,
and additional comments and responses provided subsequent to the distribution of the RTC that
occurred on December 8, 2006 for public review. After receiving public comment on the Draft EIR,
the City prepared a document entitled Responses to Comments on the Recirculated Draft EIR. The
Responses to Comments on the Recirculated Draft EIR document includes the verbatim comments
received on the Recirculated Draft EIR, a list of those commenting, and the City's responses to the
significant environmental points raised in the review and consultation process. In response to certain
comments, the Recirculated Draft EIR was modified, as set forth in the responses to comments. This
Response to Comments on the Recirculated Draft EIR, together with the Recirculated Draft EIR,
constitutes the final EIR. The Responses to Comments on the Recirculated Draft EIR provides
responses to comments on environmental issues describing the disposition of the issues, explaining
the final EIR analysis, supporting the final EIR conclusions, and/or providing infonnation or
corrections as appropriate. Therefore, the final EIR consists of several components including the
Recirculated Draft EIR and its Appendices, the Responses to Comments on the Recirculated Draft
EIR and supporting responses prepared by the technical consultants for the project. These Findings
are based upon the infonnation in the record of proceedings, including the Recirculated Draft EIR,
Response to Comments on the Recirculated Draft EIR, staff reports, project applicant's materials,
Mitigation Monitoring Program, and the testimony presented at public hearings.
The California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et seq.)
provides that "public agencies should not approve projects as proposed ifthere are feasible
alternatives or feasible mitigation measures available which would substantially lessen the significant
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Introduction
environmental effects of such projects[.]" (CEQA Section 21002; emphasis added.) The procedures
required by CEQA "are intended to assist public agencies in systematically identifying both the
significant effects of proposed projects and the feasible alternatives or feasible mitigation measures
which will avoid or substantially lessen such significant effects." (CEQA Section 21002; emphasis
added.)
CEQA also provides that "in the event [that] specific economic, social, or other conditions make
infeasible such project alternatives or such mitigation measures, individual projects may be approved
in spite of one or more significant effects. (CEQA Section 21002.) CEQA provides that a public
agency has an obligation to balance a variety of public objectives, including economic,
environmental, and social factors and in particular the goal of providing a decent home and satisfying
living environment for every Californian. (CEQA Section 21081; CEQA Guidelines, 14 Cal. Code of
Regulations, Section 15021(d).) CEQA requires decision-makers to balance the benefits ofa
proposed project against its significant unavoidable adverse environmental impacts, and, if the
benefits of a proposed project outweigh the significant unavoidable adverse environmental impacts,
the unavoidable adverse environmental impacts may be considered "acceptable" by adopting a
"Statement of Overriding Considerations." (CEQA Guidelines Section 15093.) The Statement of
Overriding Considerations must set forth the project benefits or reasons why the Lead Agency is in
favor of approving the project and must weigh these benefits against the project's adverse
environmental impacts identified in the final EIR that cannot be mitigated to a less-than-significant
level.
CEQA's mandates and principles are implemented, in part, through the requirement that agencies
adopt findings before approving projects for which EIRs are required. For each significant
environmental effect identified in an EIR for a proposed project, the approving agency must issue a
written finding reaching one or more of three pennissible conclusions: (1) that "[c]hanges or
alterations have been required in, or incorporated into, the project which avoid or substantially lessen
the significant environmental effect as identified in the final EIR," (2) [s]uch changes or alterations
are within the responsibility and jurisdiction of another public agency or can and should be adopted
by such other agency," or (3)[s]pecific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the final EIR." (CEQA Guidelines
Section 15091.) CEQA defines "feasible" to mean "capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic, environmental, social and
technological factors." (CEQA Section 21061.1.) CEQA Guideline section 15364 adds another
factor: "legal" considerations.
Michael Brandman Associates
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City of Bakersfield. West Ming Spec/flc Plan
CEQA Findings and Findings of Fact
Introduction
The concept of "feasibility" also enc~mpasses the question of whether a particular alternative
promotes the underlying goals and objectives of a project. Feasibility under CEQA encompasses
"desirability" to the extent that desirability is based on a reasonable balancing ofthe relevant
economic, environmental, social, and technological factors.
CEQA requires that the lead agency exercise its independent judgment in reviewing the adequacy of
an EIR and that the decision of a lead agency in certifying a final EIR and approving a project not be
predetennined. The City Council has conducted its own review and analysis, and is exercising its
independent judgment when acting as herein provided.
CEQA requires decision-makers to adopt a mitigation monitoring and reporting program (MMRP) for
those mitigation measures identified in the final EIR that would mitigate or avoid each significant
impact identified in the final EIR and to incorporate the mitigation monitoring and reporting program,
including all mitigation measures, as conditions of project approval.
CEQA requires that the responses to comments in the final EIR demonstrate good faith and a well-
reasoned analysis, and not be overly conclusory. In response to several of the comments received, a
few areas of the Recirculated Draft EIR have been revised.
CEQA Guidelines Section 15003( c) and (i) note that state courts have held that the purpose of an EIR
is to infonn other governmental agencies and the public generally of the environmental impacts of a
proposed project. CEQA does not require technical perfection or exhaustive treatment of issues in an
EIR, but rather adequacy, completeness, and a good-faith effort at full disclosure. CEQA provides
that disagreement among experts regarding conclusions in the EIR is acceptable. Also, exhaustive
treatment of issues is not required in an EIR.
Because the West Ming Specific Plan final EIR identified significant effects that may occur as a
result of the project, and in accordance with the provisions ofCEQA and the CEQA Guidelines, the
City Council ofthe City of Bakersfield hereby adopts these Findings. For each of the significant
effects identified in Section 3, as set forth in greater detail in these Findings below, the City Council
makes the finding under paragraph (I) of subdivision (a) of Public Resources Code Section 21081.
For each ofthe significant effects identified in Section 4, as set forth in greater detail in these
Findings below, the City Council makes the finding under paragraph (3) of subdivision (a) and under
subdivision (b) of Public Resources Code Section 21081.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Introduction
In accordance with the provisions ofCEQA and the CEQA Guidelines, the City Council of the City
of Bakersfield has independently reviewed the record of proceedings and based on the evidence in the
record adopts these Findings.
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Project Description
SECTION 2:
PROJECT DESCRIPTION
The project site is located in and adjacent to the southwestern portion of the City of Bakersfield. It
encompasses approximately 2,182 acres generally located west of Buena Vista Road, north of
Pacheco Road, south of Ming Avenue, and east of the proposed West Beltway alignment.
Approximately 640 acres of the project site are located within the Bakersfield city limits and the
remainder ofthe project site (1,542 acres) is located in unincorporated Kern County.
The proposed project meets the following objectives set for the site by the project sponsor:
1. Provide a master planned community with residential, commercial, and industrial
development of sufficient scale to permit master-planning of infrastructure, parks, open
space, and public services to achieve the greatest possible efficiencies and synergies.
2. Establish a new mixed use center as defined in the Metropolitan Bakersfield General Plan
3. Provide a development in southwest Bakersfield that is a focal point of activity and includes a
mix of land uses as identified in the Metropolitan Bakersfield General Plan.
4. Provide a full mix of land uses to support the project's population.
5. Provide employment opportunities to assist in meet the Kern COG employment growth
projections for the City.
6. Provide residential uses to meet the housing demand specified in the Metropolitan
Bakersfield General Plan Land Use Element.
7. Provide development similar to and. consistent with existing or approved development in
southwest Bakersfield to maintain and enhance property values and enhance compatibility of
neighborhood character.
8. Provide a range of housing types on the project site.
9. Provide a master plan development so that land uses are phased in a programmed manner
coordinated with the provision of infrastructure and public improvements necessary to
accommodate such growth.
10. Locate development to meet anticipated growth in areas of relatively lesser environmental
sensitivity, accommodating growth while balancing environmental considerations.
11. Provide parks which satisfy park dedication requirements and meet recreational needs of
local residents including both active and passive recreational facilities.
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Project Description
12. Locate a master planned community adjacent to a major highway arterials to better promote
efficient traffic flows and minimize traffic demands on local and collective streets.
13. Cluster as much housing as possible near major traffic arterials to minimize congestion, air
quality, noise, and safety impact on collector and neighborhood streets.
14. Promote growth in areas as directed by the Metropolitan Bakersfield General Plan.
The proposed project includes the development of a new community with residential, commercial,
recreational, schools, and light industrial uses. The project includes a maximum of 7,450 residential
units, 478,880 square feet of commercial (including office, service, and retail), 331,200 square feet of
town center commercial and mixed use (including office, service, and retail), 1,135,000 square feet of
special uses (light industrial, mineral and petroleum, public facilities, open space, parks, public
transportation, office and other uses as set forth in the Specific Plan). The proposed schools will be
located within the residential neighborhoods of the project site.
The proposed project includes a phasing plan that will be implemented over a 20-year time frame.
The development will be phased so that adequate utilities are provided for each area of development.
The existing agriculture and oil production activities will continue and be located adjacent to new
developed areas of the Specific Plan until each area of the project site is developed.
The project will require approval of annexation, General Plan amendments, Specific Plan, zone
changes, development agreement, conditional and final letters of map revisions, and encroachment
penn it. In addition to these approvals, the project will require approval of parcel maps, tentative and
final tract maps, conditional use pennits, pennits related to oil wells, and approvals for the proposed
elementary and middle schools.
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
SECTION 3:
MITIGATED PROJECT-LEVEL AND CUMULATIVE ADVERSE IMPACTS
The final EIR identified significant project-level and cumulative adverse impacts of the proposed
project and proposed mitigation measures to avoid or substantially lessen those impacts. Those
impacts and mitigation measures are identified in the following sections. The Bakersfield City
Council finds, based on the facts set forth in the record, which include but are not limited to the facts
as set forth below, that the incorporation of the identified mitigation measures will mitigate most of
the identified significant project-level and cumulative adverse impacts to a level that is considered
less than significant. However, as identified in the Recirculated Draft EIR, the proposed project will
result in significant and unavoidable impacts to agricultural land, noise impacts, and traffic impacts.
No feasible mitigation measures, changes or alterations are available to reduce the project's increases
in offsite noise levels along roadway segments. Changes and alterations have been required in, or
incorporated into, the project which reduce project impacts to the maximum extent feasible and which
will substantially lessen impacts on the agricultural land and the roadway segments in the vicinity of
the project site; however, the impact on agricultural land and from the increases in project traffic
would remain significant and unavoidable after implementation of all mitigation measures, changes
and alterations. Therefore, as outlined in CEQA Guideline 21081, the project will require a
Statement of Overriding Considerations (see Attachment A).
3.1 - AIR QUALITY
3.1.1 - Potentially Significant Impact
Impact 5.2.8.
The construction of the project may potentially violate air quality standards or
contribute substantially to an existing or projected air quality violation.
During the period of construction activity, onsite stationary sources, heavy-duty construction
vehicles, construction worker vehicles, energy use and asphalt paving would generate emissions. The
sum of these emissions along with operational emissions were determined for each year from project
commencement to buildout and discussed in Impact 5.2.C below. The primary construction
emissions involve fugitive dust generated by grading and construction activities.
The Bakersfield area and the San Joaquin Valley are designated non-attainment for particulates for
both state and federal standards. Although the proposed land uses are not considered a potential
source for significant particulate emissions, fugitive particulate emissions will occur during
construction. Construction activity has the potential to generate 10 pounds of PMIO per acre per day
of activity.
Michael Srandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
In addition, the ceasing of fanning operations on the project site will result in a net decrease of PM 10
emissions of approximately 43.28 tons of per year.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Finding
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue ofthe following mitigation measure as identified in the final EIR and
incorporated into the Project.
5.2.B.l.
Prior to grading plan approval, the applicant shall demonstrate to the City of Bakersfield
and the San Joaquin Valley Air Pollution Control District that all construction activities
and operations will comply with local zoning codes, and District Regulation VIII (Rules
8011-8081) and implementation of all other control measures (BACMs) as stated in
GAMAQI.
The proposed project covers approximately 2,181 acres. Fugitive construction emissions have the
potential to cause a significant impact on air quality. The application of water, or other dust
suppressant, could significantly reduce emissions. Doubling the moisture content could reduce
emissions on unpaved roads by 75 percent and use of a chemical dust suppressant on storage piles
could reduce emissions by approximately 90 percent. Assuming that the application of water controls
emissions by 50 percent, fugitive PMIO emissions, during construction, may be reduced to 5 pounds
per acre per day of activity. Actual emissions will depend on the level of activity and the type of
control being used.
According to the GAMAQI, the District guidance document, implementation of Regulation VIII
(Rules 8011-8081) and implementation of all other control measures (BACMs) as stated in GAMAQI
will result in short-tenn emissions that are considered less than significant for particulate matter.
To ensure that the above measure adequately reduce potential fugitive dust emissions, the applicant
will need to demonstrate that the construction activities are in compliance with the District's
Regulation VIII and all other particulate matter control measures indicated in the District's Guide for
Assessing and Mitigating Air Quality Impacts.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
3.1.2 - Potentially Significant Impact
Impact 5.2.C.
The operation of the project may potentially violate air quality standards or
contribute substantially to an existing or projected air quality violation.
Implementation of the proposed project would result in significant area source emissions, mobile
source emissions and stationary source emissions. The project will also result in less than significant
impacts related to criteria pollutants and visibility impacts.
The proposed project operational emissions would be generated by area sources, stationary 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,
heavy-duty diesel truck idling onsite, and gas stations. Emissions would also be generated during the
operation of landscape maintenance equipment, emergency generation 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 total emissions from the proposed project described in terms of operational emissions (area
source, indirect/mobile source emissions) were summed from project commencement to buildout to
determine the year of maximum project emissions for the purpose of mitigation. Notably., the existing
agricultural emissions were deducted. Year 2027 (buildout) represents the year in which maximum
project-related emissions occur. The total project emissions are 90.97 tons of reactive organic gases
(ROG) per year, 33.20 tons of nitrogen oxides (NOx) per year, 388.43 tons of carbon monoxide (CO)
per year, 38.79 tons of fugitive dust (PMIO) per year, and 0.22 tons of sulfur oxides. The project's
emissions of ROG, NOx, and PMIO are potentially significant.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Finding
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
S.2.C.t.
Prior to the approval of building permits, the applicant shall comply with District
Regulation II, specifically, the project will be subject to Best Available Control
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
,
Technology (BACT) in accordance with the District's New Source Review (NSR) Rule.
As a part of the District pennitting process, any emissions exceeding the District's
offsetting thresholds would have to be offset back to the thresholds on a stationary source
by stationary source basis. Accordingly, these NSR Offsets will reduce ROG net
emissions by 22.92 tons per year (from 90.97 tons per year to 68.05 tons per year) and
reduce NOX net emissions by 14.00 tons per year (from 33.20 tons per year to 19.20 tons
per year).
5.2.C.2. Prior to the approval of building permits, the applicant shall comply in all respects with
developer's obligations under that certain Air Quality Mitigation Agreement approved by
the San Joaquin Valley Air Pollution Control District, and entered into by and between
the District and developer, a copy of which is contained within the appendices of the Air
Quality Assessment in Appendix C of the EIR. Developer's compliance with the Air
Quality Mitigation Agreement will result in a reduction of ROG, NOx, and PM10 net
emissions to zero or in quantities sufficient 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 ofthe project, all as verified by the San Joaquin Valley Air
Pollution Control District. Accordingly, the Air Quality Mitigation Agreement will
further reduce ROG net emissions by 68.05 tons per year (from 68.05 tons per year to 0
tons per year), will furtherreduce NOX net emissions by 19.20 tons per year (from 19.20
tons per year to 0 tons per year), and will reduce PM10 net emissions by 38.79 tons per
year (from 38.79 tons per year to 0 tons per year). It should be restated that
approximately 39.42 tons per year of ROG, 28.22 tons per year of NO x, and 43.28 tons
per year of PM 1 0, from onsite agricultural emissions will be subtracted from the
proposed project emissions since they will phased out as the project is developed.
The implementation of both mitigation measures described above (District's New Source Review
Rule and the Air Quality Mitigation Agreement) will reduce the project's emissions of ROG, NOx,
and PM10 to a net 0 tons per year.
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
3.2 - BIOLOGICAL RESOURCES
3.2.1 - Potential Significant Impact
Impact 5.3.A.
The proposed project has a potential to result in a substantial adverse effect, either
directly or through habitat modifications, on several species identified as a
candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish and Game or U.S. Fish and
Wildlife Service.
Based on the literature review and field surveys, two sensitive wildlife species (San Joaquin kit fox
and Burrowing Owl) are known to occur in the project vicinity and were observed on the project site.
Since these two species exist in the general area and were observed onsite, the implementation of the
proposed project could result in a significant impact on these two species.
Finding
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Finding
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.3.A.l.
Prior to grading plan approval, the project applicant shall pay a Habitat Mitigation Fee in
accordance with Section 15.78.030 of the City of Bakersfield Municipal Code and
MBHCP.
5.3.A.2.
Prior to grading plan approval on the approximately 2, 182-acre site, the project proponent
shall comply with all appropriate terms and conditions ofthe MBHCP to the City
regarding San Joaquin kit fox. The MBHCP requires certain take avoidance measures for
the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be
followed to prevent entrapment of kit fox in dens. Specific measures during the
construction phase ofthe project shall be implemented and include the following:
. A pre-construction survey shall be conducted prior to site grading to search for active
kit fox dens. The survey shall be conducted not more than 30 days prior to the onset
of construction activities in areas subject to development to determine the necessity
of den excavation.
Michael Brandman Associates
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City of Bakersfield. West Mlng Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
. Monitoring and excavation of each known San Joaquin kit fox den which cannot be
avoided by construction activities.
. Notification of wildlife agencies of relocation opportunity prior to ground
disturbance in areas of known kit fox dens.
. Excavations shall either be constructed with escape ramps or covered to prevent kit
fox entrapment. All trenches or steep-walled excavations greater than three feet deep
shall include escape ramps to allow wildlife to escape. Each excavation shall contain
at least one ramp, with long trenches containing at least one ramp every 0.25 mile.
S lope of ramps shall be no steeper than 1: 1.
. All pipes, culverts or similar structures with a diameter of four inches or greater shall
be kept capped to prevent entry of kit fox. If they are not capped or otherwise
covered, they will be inspected prior to burial or closure to ensure no kit foxes, or
other protected species, become entrapped.
. All employees, contractors, or other persons involved in the construction of the
project shall attend a "tailgate" session infonning them of the biological resource
protection measures that will be implemented for the project. The orientation shall
be conducted by a qualified biologist and shall include infonnation regarding the life
history of the protected species, reasons for special-status, a summary of applicable
environmental law, and measures intended to reduce impacts. A report summarizing
the date, time, and topics of the "tailgate" session, list of attendees and identification
of qualified biologist conducting session shall be submitted to the Planning Director
within 10 days of the "tailgate" session.
. All food, garbage, and plastic shall be disposed of in closed containers and regularly
removed from the site to minimize attracting kit fox or other animals.
5.3.A.3.
Since kit foxes are known to exist in the general area, it is recommended that all
construction personnel involved in initial ground disturbance receive sensitive species
instruction prior to initial ground phases of construction. Any evidence, such as dens,
should be avoided and reported to the reviewing agencies for resolution.
5.3.A.4.
Prior to grading plan approval for the approximate 2, 1 82-acre site, the project applicant
shall comply with the following raptor nest mitigation:
. If site grading is proposed during the avian nesting season (February to September),
a focused survey for avian nests shall be conducted by a qualified biologist prior to
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
grading activities in order to identify active nests in areas potentially impacted by
project implementation.
. If construction is proposed to take place during the nesting season (February to
September), no construction activity shall take place within 500 feet of an active nest
until the young have fledged (as detennined by a qualified biologist). Habitat
containing nests that must be removed as a result of project implementation shall be
removed during the non-breeding season (October to January).
. Preconstruction surveys shall include a survey for burrowing owl. If active
burrowing owl burrows are detected outside of breeding season (September I
through January 31), passive and/or active relocation efforts may be undertaken if
approved by CDFG and USFWS. If active burrowing owl burrows are detected
during breeding season (February I through August 31), no disturbance to these
burrows shall occur in accordance with the Migratory Bird Treaty Act.
The implementation of the Mitigation Measure 5 J .A.I includes the collection of a habitat mitigation
fee to be used for the acquisition, preservation, and protection of habitat for endangered species
covered by the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP), such as grassland for
the San Joaquin kit fox. Mitigation Measure 5J.A.2 includes specific avoidance measures of the San
Joaquin kit fox during construction activities. Finally, Mitigation Measure 5J.A.3 includes sensitive
species instruction of all construction personnel to further reduce the potential for impact on the
sensitive species such as the San Joaquin kit fox and burrowing owl. The implementation of these
three measures will reduce potential impacts on the San Joaquin kit fox to less than significant.
Implementation of Mitigation Measures 5J.AJ and 5J.AA will reduce potential impacts to the
burrowing owl species to less than significant. As mentioned above, the sensitive species instruction
of all construction personnel will reduce potential impacts on the burrowing owl species. Mitigation
Measure 5J.AA provides a programmatic mitigation measure for raptors such as the burrowing owl
to reduce potential impacts to less than significant.
3.3 - CULTURAL RESOURCES
3.3.1 - Potential Significant Impact
Impact 5.4.A.
The project may potentially cause a substantial adverse change in the significance
of an archaeological resource.
The on-site field survey conducted in October and November of 2003 and January of 2004 did not
identify any new archaeological sites, and none of the resources previously found in prior
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
I
archaeological studies could be located during these site visits. Numerous episodes of destructive
activities, such as grading and agricultural activity, appear to have eliminated any trace of these
sensitive and rather fragile cultural materials. Careful examination of the areas where materials were
identified in previous archaeological studies was conducted but no remnants of any of the sites or
isolates were found. Although no resources were found on the surface, resources could be present
underground. Given the substantial concentration of previously recorded archaeological sites and
isolates on the project site, there is a potential for resources to be discovered during grading
excavation activities. Therefore, implementation of the proposed project could result in significant
impacts to archaeological resources.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.4.A.1.
Prior to grading plan approval within the project site, a qualified archaeologist shall
attempt to find evidence of the previously recorded sites.
If the qualified archaeologist finds evidence of the previous recorded sites, the resources
shall be evaluated for significance and integrity using the criteria established in the
CEQA Guidelines for unique cultural resources and/or 36 CFR 60.4 for eligibility for
listing on the National Register of Historic Places. If the resources are found to be
significant, specific measures shall be recommended. In addition, the grading plans shall
state that archaeological monitoring by a qualified archaeologist and a Native American
monitor shall take place during construction excavation activities at the locations of the
10 cultural sites and 26 isolates that were previously recorded on the site within the
project site. The archaeologist shall prepare a summary report of the monitoring
activities and findings. The report shall be submitted to the City of Bakersfield Planning
Department and other appropriate agencies within 10 days of completion of monitoring.
If the qualified archaeologist does not find evidence ofthe previous recorded sites, the
grading plans shall state that archaeological monitoring by a qualified archaeologist and a
Native American monitor shall take place during construction excavation activities at the
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
locations ofthe 10 cultural sites and 26 isolates that were previously recorded on the site
within the project site. The archaeologist shall prepare a summary report of the
monitoring activities and findings. The report shall be submitted to the City of
Bakersfield Planning Department and other appropriate agencies within 10 days of
completion of monitoring.
Due to the substantial time period for project construction (i.e., 20 years), given that there was a
substantial concentration of previously recorded archaeological sites and isolates on the project site,
and based on the on-site field survey not finding evidence ofthese previously recorded resources,
Mitigation Measure SA.A.I includes a requirement to attempt to find evidence of the previously
recorded site through a field survey and provides a programmatic approach if evidence is found or is
not found during the survey. This measure adequately reduces the potential impacts on archaeological
sites.
3.3.2 - Potentially Significant Impact
Impact 5.4.C.
The project could directly or indirectly destroy a unique paleontological resource.
According to the Geologic Hazards Study prepared for the proposed project by Soils Engineering,
Inc., the project site rests on a considerable thickness of alluvium, identified as Recent Quaternary
Fan Deposit. According to the Metropolitan Bakersfield General Plan EIR prepared in 2002, the
possibility exists that older fossiliferous alluvium may be present six feet below the ground surface.
The older fossiliferous alluvium is considered to have a low to moderate potential for the discovery of
fossils. Implementation ofthe proposed project may include deep excavations (i.e., greater than six
feet) associated with the construction ofthe proposed lake, underground utilities, and structural
footings. As a result, implementation ofthe project may impact the older fossiliferous alluvium
which may contain fossil resources. Therefore, the project could result in potential significant
impacts to paleontological resources.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
5.4.C.1.
Prior to grading plan approval, the grading plans shall state that paleontological
monitoring shall take place during construction excavation activities that result in
excavations of six feet below ground surface or gr~ater within the project site. Following
are the specific measures.
. Assign a paleontological monitor, trained and equipped to allow the rapid removal of
fossils with minimal construction delay, to the site full-time during the interval of
earth-disturbing activities.
. Should fossils be found within an area being cleared or graded, divert earth-
disturbing activities elsewhere until the monitor has completed salvage. If
construction personnel make the discovery, the grading contractor should
immediately divert construction and notify the monitor of the find.
. Prepare, identify, and curate all recovered fossils for documentation in the summary
report and transfer to an appropriate depository.
. Submit a summary report to the City of Bakersfield. Transfer collected specimens
with copy of report to the repository.
Paleontological monitoring during construction activities that involve excavation activities of six feet
below ground surface of greater on the project site would reduce the potential impacts on
paleontological resources to less than significant.
3.3.3 - Potentially Significant Impact
Impact 5.4.0.
The proposed project could result in the disturbance of human remains.
Due to the substantial concentration of previously recorded archaeological sites and isolates on the
project site, there is a potential for construction activities to disturb human remains. Therefore,
implementation of the proposed project could result in a significant impact related to human remains.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.4.D.l.
Prior to grading plan approval, the grading plans shall state that if human remains are
encountered on the project site, the Kern County Coroner's Office shall be contacted
within 24 hours of the find, and all work in the immediate vicinity shall be halted until a
clearance is given by that office and any other involved agencies.
Implementation of the above mitigation measure will halt all construction activities in the vicinity of
human remains, if found. This measure would reduce potential impacts to less than significant.
3.4 - GEOLOGY AND SOilS
3.4.1 - Potentially Significant Impact
Impact 5.5.A.
The proposed project could expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death involving: Rupture of a
known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the State Geologist for the area or based on other
substantial evidence of a known fault; Strong seismic ground shaking; seismlc-
related ground failure including liquefaction; and landslides.
The project will change the use of the project site from agricultural, vacant, and oil production uses to
urban uses. During periods of construction, there will be temporary increases in human activity on
the project site from the presence of construction crews. Over the long-term, there will be a
permanent increase in the level of human activity on the project site. The increased levels of human
activity of the project site will increase the potential exposure of persons living and working on the
project site to seismic events including risk of loss, injury, and death related to earthquakes and
related hazards. The seismic hazard that will result in a potentially significant impact is liquefaction.
Ground failure from liquefaction could occur in the northwestern area of the project site where the
recharge areas are currently located. This is due to the granular (non-cohesive) consistency of the
soils and the presence of a potentially high groundwater table. The results of the liquefaction analysis
for this area indicates that the soils in the northwestern area are potentially liquefiable between 15 feet
and 17.5 feet below ground surface and are non-liquefiable below a depth of 17.5 below ground
surface. Therefore, implementation of the project in the northwestern portion ofthe site could be
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CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
significantly affected by liquefaction. The remainder ofthe site would not be subject to liquefaction
impacts due to the depth of groundwater of more than 50 feet below ground surface.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.5.A.1.
Concurrently with submittal of a tentative subdivision map application or other
development plan in the northwestern comer of the project site, whichever occurs first,
the project applicant shall conduct additional liquefaction studies in the northwestern
comer of the project site (Le., in the vicinity of the existing recharge ponds) during
recharge periods to fully evaluate liquefaction impacts on specific development projects
in this area ofthe site. Based on the findings of these studies, site specific designs shall
be incorporated in the grading and building plans to reduce onsite liquefaction impacts.
The scope of the liquefaction studies, findings, and recommendations to reduce
liquefaction shall be reviewed and require approval by the City of Bakersfield Public
Works and Building Departments prior to grading and building plan approvals.
The implementation of the above mitigation measure requires additional liquefaction studies in the
northwestern comer of the project site to fully evaluate potential liquefaction impacts on specific
development projects in this area. City staff will be required to review and approve specific designs
that are incorporated in the grading and building plans to reduce potential liquefaction impacts to less
than significant.
3.4.2 - Potentially Significant Impact
Impact 5.5.B.
The proposed project could result in substantial soil erosion or the loss of topsoil.
During the construction phase of the project, activities such as grading and construction will disrupt
surface vegetation and soils and will expose these disturbed areas to erosion by wind and water. The
proposed project will be developed in phases and portions of the project site will have disturbed areas
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City of Bakersfield - West Mlng Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
while other portions will be under current agricultural and oil activities or will have already been
converted to the land uses proposed in the West Ming Specific Plan. Erosion during construction
activities could be significant.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue ofthe following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.5.B.1.
Prior to grading plan approval, an erosion control plan for construction activities that
describe the best management practices (BMPs) that will be used to reduce the potential
for soil erosion and loss of top soil. The erosion control plan shall be submitted to the
City of Bakersfield Public Works Department for review and approval. The BMPs could
include soil stabilizers and silt fencing as well as other measures.
Implementation of the above mitigation measure includes the implementation of an erosion control
plan to reduce the potential for soil erosion and loss of top soil. The City is required to review the
erosion control plan to ensure that there are adequate best management practices such as soil
stabilizers and silt fencing to reduce the potential for erosion during grading activities to less than
significant.
3.5 - HAZARDS AND HAZARDOUS MATERIALS
3.5.1 - Potentially Significant Impact
Impact 5.6.F.
Oil and gas activities could continue on the project site and could result in
exposing residents and visitors to health hazards from the routine transport, use, or
disposal of hazardous materials.
Oil and gas activities on the project site will continue to operate on portions ofthe project site. These
activities could include operation of oil wells, drilling new wells, use of above ground storage tanks,
use of existing petroleum and gas pipelines as well as the establishment of new pipelines, use of
existing and new sumps to contain potential spills, and operation of the existing natural gas
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
substations. The transport, use, storage and disposal of hazardous materials associated with oil
activities could result in potential health hazards to adjoining sensitive land uses. These oil activities
could result in potential significant health hazard impacts.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue ofthe following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.6.F.1.
5.6.F .2.
5.6.F.3.
Prior to site plan approval, applicant shall provide evidence that future active oil wells
and associated equipment will meet the California Division of Oil, Gas and Geothermal
Resources regulations and public health and safety regulations, or provide other
assurances that residents and visitors will not be exposed to health hazards from the
routine transport, use, or disposal of hazardous materials, prior to development of
affected portions of the project.
Prior to grading plan approval where there is an existing drilling and/or production
operations of exploration oil wells and including disposal wells, the project applicant
shall have the locations surveyed, located, and marked by a licensed land surveyor or
civil engineer authorized to practice land surveying. A map shall be furnished to the
Office of Environmental Services showing how all existing petroleum related facilities
will be protected and integrated into the proposed development. The California Division
of Oil, Gas and Geothermal Resources and the City of Bakersfield development standards
shall be met.
Prior to grading plan approval, all drilling and production activities shall be subject to all
fire and safety regulations as required by the Bakersfield City Fire Department. The City
Code 15.66.040 and 15.66.080 Well Site Development Standards Setback states that no
petroleum well shall be drilled nor shall any storage tank and other production related
structures be located within:
. 75 Feet ofthe right-of way of any dedicated public street, highway, railroad or
private street, or adopted specific plan line of any street or highway;
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CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
. No streets may be constructed within 75 feet of any oil well unless it has been
properly abandoned;
. 100 Feet of any building including dwellings, except buildings incidental to the
operation ofthe well;
. 300 Feet of any public assembly;
. 25 Feet of a storage tank or boilers, fired heaters, open flame devices or other
sources of ignition;
. A solid masonry wall 8 feet high shall encompass the entire well site. Two gates, as
nearly opposite as possible to each other shall be installed;
. Pipelines utilized for all petroleum related operations shall be buried a minimum of 3
feet below grade.
5.6.F .4.
The Pipeline Development Policy of the City of Bakersfield Fire Department is as
follows:
. No habitable portion of a structure may be built within 50 Feet of a gas main, or
transmission line, or refined liquid product line with 36 inches of cover;,
. No structure may be within 40 Feet of a hazardous liquids pipeline bearing refined
product, with 48 inches or more of cover;
. No habitable portion of a structure may be built within 30 Feet of a crude oil pipeline
operation at 20% of it's design strength;
. Prior to or concurrently with filing of a final map, a covenant shall be recorded on all
lots of this tract, or portion thereof, which are within 250 Feet of any gas
transmission lines. Covenant shall acknowledge proximity of pipeline easement to
said property and describe the name, type and dimension ofthe pipeline. Prior to
recordation, the subdivider shall submit and obtain approval of covenant wording
with the City Attorney, Office of Environmental Services and City Engineer.
The health hazard impacts from the operation of future oil activities associated with existing and new
oil facilities on the project site would be reduced to less than significant with the implementation of
the above mitigation measures. Mitigation Measure 5.6.F.l requires that future oil wells and
associated equipment not expose residents and visitors to health hazards from routine transport, use,
or disposal of hazardous materials. This measure will reduce potential health hazard impacts from
future oil well and associated equipment to less than significant. Mitigation Measure 5.6.F.2 requires
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
I
that the existing drilling and production operations of wells be located, protected, and integrated into
the proposed development. The City of Bakersfield has specific development standards that need to
be met from development of land uses in the vicinity of oil activities. Finally, Mitigation Measure
5.6.FJ requires that all drilling and production activities meet the City's fire and safety regulations
and meet the development setback standards outlined in the City's Municipal Code. This measure
also includes development regulations for the development of pipelines. As described above, the
implementation of these three mitigation measures will reduce potential health hazards associated
with the operation of future oil activities associated with existing and new oil facilities on the project
site.
3.5.2 - Potentially Significant Impact
Impact 5.6.G.
Past oil and gas activities could create hazards to the public or the environment
through reasonable foreseeable upset and accident conditions involving the
release of hazardous materials into the environment.
The project site has been used for oil exploration and oil production activities as well as natural gas
activities since the 1930's. These activities also include diesel generator pumps for oil and water
wells. Historic oil drilling activities and the use of pumps on the project site has resulted in oil
contaminated soil. There are multiple onsite areas with aboveground storage tanks, generator pumps,
petroleum piping, and small sumps where the soil is stained. Unrefined oil contains a variety of
hazardous constituents, such as polyaromatic hydrocarbons (P AH), benzene, toluene, xylene,
ethylbenzene and heavy metals. Implementation of the proposed project could expose future
residents and visitors of the project site to health hazards related to past oil and gas activities.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.6.G.1.
Prior to recordation of a final map, any abandoned wells within the grading envelope,
shall have the surface area returned to its natural condition including but not limited to
cleaning all oil, oil residues, drilling fluids, mud and other substances; leveling, grading
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
or filling of sumps, ditches, and cellars including removal of all lining material to the
satisfaction of the Department of Oil, Gas and Geothennal Resources.
5.6.G.2. Prior to recordation of a final map, all stained soils observed within the grading envelope
near the active water wells, idle water wells, and fonner water wells shall be shall be
tested. If the soils are found to be hazardous, the soils shall be disposed of in accordance
with applicable federal, state and local regulations. The applicant shall provide the City
with evidence that any hazardous soils found onsite have been disposed of in accordance
with federal, state, and local laws.
5.6.G.3. Prior to recordation of a final map, a written verification shall be obtained from the
Department of Oil, Gas and Geothennal Resources that abandoned wells within the
grading envelope were properly abandoned pursuant to their regulations. The written
verification shall be submitted to the City.
5.6.G.4. Prior to recordation of final map, any lot or parcel within the grading envelope containing
an abandoned well shall be encumbered with a deed restriction specifying the exact
location of said well and prohibiting any construction within said 10 feet of an abandoned
oil well. This is required by the City Municipal Code 15.66.080, Development
encroachment in petroleum areas.
5.6.G.5. Prior to recordation of a final map, infonnation on the location of the pipelines and any
infonnation regarding safety concerns of these pipelines shall be provided to the
Bakersfield City Fire Department. Prior to grading activities, Pacific Gas and Electric
Company and/or any other company with pipelines running through the affected portions
of the project site shall be notified of the construction activity within the corresponding
easement. If any pipelines have any problems or if a pipeline is ruptured during
development, the Bakersfield City Fire Department shall be notified.
5.6.G.6. If during grading and construction, a pipeline accident occurs or potential unknown
buried hazardous materials are found, and/or if unidentified materials are discovered in
the testing ofthe soil, health and safety procedures shall be implemented. These
procedures shall include, at a minimum, emergency medical, evacuation of the site and/or
threatened area, and notification action. Notification shall include but not be limited to
the following agencies: The City of Bakersfield, Department of Toxic Substance Control
(DTSC), Bakersfield City and/or County Fire Department, and the Regional Water
Quality Control Board (RWQCB). Evacuation and detennination regarding the type of
contamination encountered and best course of action would be detennined by the ranking
official and the required mediation measures shall be implemented.
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CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
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5.6.G.7. Prior to grading and building plan approvals, the grading and building plans shall state
that all work will stop immediately if any unknown odorous or discolored soil or other
possible hazardous materials arise during any part'ofthe testing, grading, or construction
on the project site.
Implementation ofthe above mitigation measures will reduce potential health hazard impacts
associated with past oil and gas activities on the project site. These measures address procedures for
abandoned and idle wells (Mitigation Measures 5.6.G.I and 5.6.GJ), stained and odorous soils
(Mitigation Measures 5.6.G.2 and 5.5.G.7), abandoned wells (Mitigation Measures 5.6.GJ and
5.6.G.4), and pipeline location and pipeline accident during grading and construction (Mitigation
Measures 5.6.G.5 and 5.6.G.6). As stated above, the implementation of each of these mitigation
measures will reduce potential health hazard impacts associated with past oil and gas activities on the
project site.
3.5.3 - Potentially Significant Impacts
Impact 5.6.H.
Past agricultural Activities could create hazards to the public or the environment
through reasonable foreseeable upset and accident conditions involving the
release of hazardous materials into the environment.
Past uses of pesticides and chemicals associated with agricultural operations can leave measurable
residues in soils. The majority of the project site has been used as agricultural land in which
agricultural chemicals have been used from the early 1970s to present. The majority of the project
site has included the application of pesticides, herbicides, and associated metals, which may be
present in near surface soils at residual concentrations of concern. Potential hazard impacts from the
past application of chemicals to the majority ofthe site are considered a potentially significant
impact.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulatilie Adverse Impacts
5.6.H.1. Concurrently with submittal of a tentative subdivision map application or other
development plan in the northwestern comer of the project site, whichever occurs first,
soil testing shall be performed on the lands within the grading envelope to determine the
level of residue for pesticides, herbicides, chemicals, and associated metals. If residue is
found to be within acceptable amounts per the Kern County Environmental Health
Department (KCEHD) and Environmental Protection Agency/Department of Toxic
Substance Control (DTSC) standards then grading and construction may begin. If the
residue is found to be greater than the KCEHD and DTSC standards, all contaminated
soils exceeding the acceptable limits shall be remediated and/or properly disposed of per
KCEHD and DTSC requirements. An appropriate verification closure letter from
KCEHD and DTSC shall be obtained and submitted to the City of Bakersfield.
Depending on the extent of contaminated soils, a verification closure letter from the
California Regional Water Quality Control Board may also need to be submitted to the
City of Bakersfield. Site remediation can occur by the use of on-site transportable
thermal treatment units or bio-remediation. The soil can also be excavated and shipped
off-site to fixed incineration or bio-remediation facilities. The preliminary report shall be
submitted with said application. The report, findings and recommendations shall be
submitted for approval by the Fire Department, prior to recordation of a final map or
approval of a development plan.
The above mitigation measure would reduce potential impacts associated with past pesticide use for
agricultural activities to less than significant. The mitigation measure provides a programmatic
approach to reducing potential hazard impacts associated with pesticides, herbicides, and associated
metals that may be present in the near surface soils at residual concentrations of concern. The
measure requires soil testing to be completed and outlines an approach if residues are found within
acceptable concentrations or greater than acceptable concentrations.
3.5.4 - Potentially Significant Impacts
Impact 5.6.1.
Past agricultural activities included the installation of irrigation piping. The piping
could include asbestos containing materials that could create hazards to the public
or the environment through reasonable foreseeable upset and accident conditions
involving the release of hazardous materials into the environment.
The onsite agricultural activities include subsurface irrigation piping to provide water to the crops
grown on the project site. It is possible that Asbestos Containing Materials could be present in the
subsurface irrigation piping on the project site. Potential hazard impacts resulting from the potential
presence of asbestos are considered potentially significant.
Michael Brandman Associates
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ORIGINAL
City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
Findings
Changes or alterations have been required in, or incorporated i~to, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.6.1.1.
Concurrently with submittal of a tentative subdivision map application or other
development plan in the northwestern comer of the project site, whichever occurs first,
the onsite subsurface irrigation piping within the grading envelope shall be tested to
determine if Asbestos Containing Materials are present in the piping. If Asbestos
Containing Materials are present, a plan shall be prepared to identify how the piping will
be removed and disposed of during grading activities. The applicant shall provide the
City with evidence that any piping with Asbestos Containing Materials was disposed of
in accordance with federal, state, and local laws. The preliminary report shall be
submitted with said application. The report, findings and recommendations shall be
submitted for approval by the Fire Department, prior to recordation of a final map or
approval of a development plan.
The implementation of the above mitigation measure requires that the applicant dispose of the
subsurface irrigation piping that contains Asbestos Containing Materials (ACMs) in accordance with
federal, state, and local laws. The mitigation measure also requires a report identifying the potential
ACMs to the City's Fire Department. The implementation of this measure would reduce potential
hazard impacts associated with subsurface irrigation piping to less than significant.
3.5.5 - Potentially Significant Impact
Impact 5.6.J.
Onsite electrical transformers may have contained Polychlorinated Biphenyls
(PCBs) that could create hazards to the public or the environment through
reasonable foreseeable upset and accident conditions involving the release of
hazardous materials into the environment.
There are pole-mounted electrical transformers on the project site in sections 10, 11, and 13 that may
have contained PCBs in the past. No staining was observed beneath the onsite transformers;
however, leakage containing PCBs may have occurred historically at these locations on the site,
which is considered a potentially significant impact.
Michael Brandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.6.J.1.
Concurrently with submittal of a tentative subdivision map application or other
development plan in the northwestern comer of the project site, whichever occurs first,
the soils beneath the existing pole-mounted transformers within the grading envelope
shall be tested. Ifthe soils are found to be hazardous, the soils shall be disposed of in
accordance with applicable federal, state and local regulations. The applicant shall
provide the City with evidence that any hazardous soils found on site have been disposed
of in accordance with federal, state, and local laws. The preliminary report shall be
submitted with said application. The report, findings and recommendations shall be
submitted for approval by the Fire Department, prior to recordation of a final map or
approval of a development plan.
Although no staining below the existing pole-mounted transformers was observed, the above
mitigation measure requires that the soils beneath each existing pole-mounted electrical transformer
be tested. If the soils are found to be hazardous, the applicant would be required to dispose ofthe
hazardous soils in accordance with federal, state, and local regulations. The mitigation measure also
requires a report identifying the potential hazardous materials and evidence that the hazardous
materials were properly disposed. The report is required to be submitted for the City Fire Department
review and approval. The implementation of this measure would reduce potential hazard impacts
associated with potential hazardous materials below the existing pole-mounted transformers to less
than significant.
3.5.6 - Potentially Significant Impact
Impact 5.6.K.
Implementation of the proposed project has the potential to emit hazardous
emissions or involve the handling of hazardous or acutely hazardous materials,
substances, or waste within one.quarter mile of sensitive receptors.
The proposed project includes the development of residential, commercial, industrial, and recreational
uses. The project also includes the implementation off our elementary schools and one junior high
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
school on the project site. The industrial uses are anticipated to include the continuing use of a
portion of the project site for oil exploration and production activities. There are health concerns
when oil field operations are in close proximity to sensitive re~eptors such as residences and schools.
These concerns are related to hazardous emissions or handling of hazardous or acutely hazardous
materials or waste. Depending on various factors such as amount of hazardous emissions or waste as
well as the proximity of the sensitive receptors to the generators, a health risk assessment may be
required to assess potential health risks associated with emissions generators. The potential emissions
from future industrial uses and the oil field operations may result in significant health risks to
sensitive receptors.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.6.K.l.
Prior to grading plan approval, the handling and storage of hazardous and acutely
hazardous materials shall be restricted to less than threshold planning quantities within
1,000 feet of sensitive receptors which include residential areas, schools, daycare centers,
hospital, convalescent homes and other large immobile populations. Sensitive receptors
shall not be approved within zones of cancer risk identified by a health risk assessment of
greater than 10 in 1,000,000.
At this time the specific industrial uses that will occupy the project site and the types and quantities of
hazardous materials that will be handled and stored are not known. In addition, the specific locations
of oil field operations and the proximity of these operations to sensitive receptors such as residences
and schools are not known. Therefore, the above mitigation measure provides a restriction of the
location and quantity of hazardous materials from sensitive receptors. Furthermore, this measure
restricts sensitive receptors from being located within zones of cancer risk identified by a health risk
assessment that would need to be prepared. The implementation of this mitigation measure would
reduce potential hazard impacts to sensitive receptors to less than significant.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
3.6 - HYDROLOGY AND WATER QUALITY
3.6.1 - Potentially Significant Impact
Short-Term Construction Impacts
Impact 5.7.A.
The proposed project could violate water quality standards or waste discharge
requirements.
Implementation of the proposed project would result in construction activities that could have the
potential to contribute to pollutants in surface waters off-site potentially impacting the water quality
within the Kern River. Generally, construction-phase activities could generate pollutants such as
increased silts, debris, chemicals, and dissolved solids related to the following activities:
. Grading - disruption of surface soils and increased susceptibility to erosion;
. Building Construction - Use of sealants, glues; wood preservatives, oils, concrete and the
generation of debris related to construction activities;
. Painting - Paint fragments and stucco flakes;
. Construction Equipment and Vehicle maintenance -Washing, chemical degreasing
Since construction activities could result in increased pollutants to surface water, the proposed project
could result in a short-tenn potential to degrade surface water quality that could eventually be
conveyed offsite and potentially to the Kern River.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.7.A.1.
Prior to grading plan approval, the project applicant shall prepare a Stonnwater Pollution
Prevention Plan (SWPPP) that confonns to the State Water Resources Control Board
NPDES pennit in which the City of Bakersfield is a co-pennitee. The SWPPP shall
specify Best Management Practices (BMPs) to prevent construction-related pollutants
from reaching stonn water and all products of erosion from moving off-site. A Notice of
Michael Brandman Associates
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ORIGINAL
City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
I
Intent (NOI) must be filed with the State Water Resources Control Board and a copy of
the submitted NO! must be provided to the City of Bakersfield Planning Department,
prior to the approval of grading plans." I
The above mitigation measure requires a SWPPP to be prepared that specifies BMPs to prevent
construction-related pollutants from reaching stonn water and all products of erosion from moving
off-site. The SWPPP requires approval ofthe State Water Resources Control Board and a
verification letter is required to be submitted to the City of Bakersfield. The implementation of this
mitigation measure would reduce potential stonn water quality impacts during construction activities
to less than significant.
3.6.2 - Potentially Significant Impact
Impact 5.7.C.
The proposed project could alter the existing drainage pattern of the site or area in
a manner which would result in erosion or siltation on- or off-site.
Implementation of the proposed project would result in incremental grading on the project site. The
grading would alter the existing drainage of the project site. Onsite stonnwater flows would be
conveyed to the series of detention and retention facilities that are proposed onsite.
Construction activities associated with the project could have the potential to cause erosion or
siltation leaving construction sites. Erosion could occur if graded slope areas are not stabilized when
stonns occur. Silt leaving a construction site could be transported within stonnwater flows or carried
offsite by construction vehicles. Construction activities associated with the project could result in a
significant erosion or siltation impact.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.7.A.1.
Prior to grading plan approval, the project applicant shall prepare a Stonnwater Pollution
Prevention Plan (SWPPP) that confonns to the State Water Resources Control Board
Michael Brandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
NPDES permit in which the City of Bakersfield is a co-permitee. The SWPPP shall
specify Best Management Practices (BMPs) to prevent construction-related pollutants
from reaching storm water and all products of erosion from moving off-site. The SWPPP
shall require approval by the State Water Resources Control Board and verification of
approval provided to the City of Bakersfield Planning Department.
The implementation of the above mitigation measure requires a SWPPP to be prepared that specifies
BMPs to prevent all products of erosion from moving off-site. The SWPPP requires approval of the
State Water Resources Control Board and a verification letter is required to be submitted to the City
of Bakersfield. The implementation ofthis mitigation measure would reduce the potential for silt to
leave the construction site and transported within storm water flows or carried offsite by construction
vehicles to less than significant.
3.6.3 - Potentially Significant Impact
Impact 5.7.E.
The proposed project could degrade water quality within the proposed onsite 5-acre
lake.
The proposed project includes a lined 5-acre manmade lake. The lake has two primary functions; one
to enhance aesthetics and the second to provide recreation opportunities for the residents of the
project vicinity. Accordingly, the applicant is proposing active recreational uses at the lake including
fishing, boating (i.e., sail, human-powered, and electric motor-powered), and other types of surface
aquatic activity; however, swimming at the lake would be prohibited. The initial lake water as well as
the long-term maintenance of the water level at the lake would be by the use of domestic water.
The proposed uses ofthe lake could result in reductions of the quality of the lake water. These uses
could result in floating debris, water clarity issues, dissolved oxygen, algae, aquatic plant growth, and
insect growth. Activities surrounding the lake could also degrade the water quality of the lake. These
activities could result in trash, leaves, oil, grease, and fertilizers from adjacent landscape areas.
Therefore, implementation ofthe proposed project could result in a significant water quality impact
on the proposed 5-acre lake.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Michael Brandman Associates
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ORIGINAL
City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
Facts in Support of Findings '
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures' as identified in the final EIR and
incorporated into the Project.
5.7.E.l.
Concurrently with submittal of a tentative subdivision map application or other
development plan in the northwestern comer of the project site, whichever occurs first,
the project applicant shall submit and receive approval of a lake management plan for the
proposed 5-acre lake. The management plan shall provide specific methods to achieve a
balanced aquatic ecosystem and an aesthetically pleasing lake with minimal insect
infestations and uncontrolled algae blooms. The implementation ofthese methods shall
result in water quality that can support the proposed uses ofthe lake. In addition, the
management plan shall provide information on the personnel responsibilities of the long-
term maintenance of the lake as well as the entity that will assume financial responsibility
for the long-term management of the lake.
The above mitigation measure requires a lake management plan to provide specific methods to
achieve a balanced aquatic ecosystem and aesthetically pleasing lake. Because the lake management
plan is required to be submitted prior to development of the lake, the specific methods to achieve
quality lake water would be provided to the City prior to development of the lake. Therefore, the
implementation ofthe above mitigation measure would reduce potential water quality impacts
associated with the proposed 5-acre lake to less than significant.
3.6.4 - Potentially Significant Impact
Impact 5.7.F.
The proposed project includes the placement of housing and potentially other
structures within an area currently designated as a 1 OO-year flood hazard area as
mapped on the Federal Emergency Management Agency Flood Insurance Rate Map.
A portion of the project site is designated by the Federal Emergency Management Agency (FEMA)
on the Flood Insurance Rate Map (FIRM) as being within the lOO-year frequency flood zone. The
project includes residential uses and potentially other structures within areas that are currently within
the lOO-year frequency flood zone. According to FEMA regulations, a Letter of Map Revision that
redefines the flood zone based on hydraulic and levee information is required to be submitted to
FEMA to show that the proposed housing would be located outside the lOO-year flood zone. Since
the proposed project includes residential uses and potentially other structures within an area currently
designated as a lOO-year flood hazard zone, the proposed project could result in a significant flood
impact.
Michael Brandman Associates
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ORIGINAL
City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.7.F.l.
Prior to recordation of a final map, or as otherwise detennined by the Building Director,
for onsite areas that are currently in IOO-year flood hazard area, the project applicant is
required to obtain a Letter of Map Revision (LOMR) from the Federal Emergency
Management Agency (FEMA). The LOMR shall identify that the area of the proposed
development has been removed from the Zone A FEMA designation and submitted to the
City of Bakersfield Building Department. Based on the Flood Study prepared by
Mcintosh and Associates in May 2005, the following improvements are required to
remove the majority ofthe project site from the Zone A FEMA designation.
Along the northern boundary of the site, the recently constructed levee shall be extended
along Ming Avenue to intersect the proposed West Beltway. The recommended
elevation at the intersection, based on the Revised Conditions Model, is 354.0 feet.
From the northwestern boundary ofthe project site, the levee system shall continue to be
constructed along the westerly boundary of the site along the proposed West Beltway
alignment to 2,800 feet south of the Kern River Canal where it would blend into the
natural ground elevation of approximately 349.0 feet. This portion of the levee may be a
separate embankment or it may be incorporated into the proposed Beltway. In either
case, the project applicant shall construct the levee in accordance with the FIRM - 2
evaluation in the Flood Study prepared by McIntosh and Associates in May 2005. The
evaluation established the water surface elevation for the 100-year frequency event. The
required levee elevation to meet the requirements of the FEMA is three-feet above the
water surface elevation.
Due to the need for the Kern River Canal to extend through the future West Beltway
alignment, the project applicant shall raise the existing canal levee east ofthe proposed
West Beltway alignment to elevation 351.6 feet and maintain that elevation until the
levee blends into the existing embankment at elevation 351.6 feet.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
5.7.F.2.
,
Prior to recordation of a final map, or as otherwise detennined by the Building Director,
for the small area of the southwestern portion ofthe site that is currently within a 100-
year flood hazard area, specific improvements to remove this area from the Zone A
FEMA designation are required to be submitted to FEMA for approval and then
submitted to the City of Bakersfield Building Department.
Since a portion of the project site is designated by FEMA as being within the 100-year frequency
flood zone, a Flood Study was prepared by McIntosh and Associates in May 2005 to detennine the
improvements that are required to remove the majority of the project site from the 100-year flood
hazard area. The improvements require the extension of the recently constructed levee along Ming
Avenue to intersect with the proposed West Beltway. The study detennined that the elevation at the
intersection needs to be 354.0 feet. In addition, the levee system is required to continue along the
westerly boundary of the site along the proposed West Beltway alignment to 2,800 feet south of the
existing Kern River Canal where it would blend into the natural ground elevation of approximately
349.0 feet. The levee system also requires the raising ofthe existing Kern River Canal levee east of
the proposed West Beltway alignment to elevation 351.6 feet because the canal is expected to extend
through the future West Beltway alignment. The elevation ofthe levee would blend into the existing
embankment at elevation 351.6 feet. Finally, a small area in the southwestern portion ofthe project
site that is currently within a 100-year flood hazard area would include specific improvements to
remove the area from a 100-year flood zone. The specific improvements are required to be submitted
to and approved by the City of Bakersfield Building Department. The implementation of the above
mitigation measures would reduce flooding impacts to housing units and other structures associated
with the project to less than significant.
3.7 - NOISE
3.7.1 - Potentially Significant Impact
Impact 5.S.A.
Sensitive uses within the project site would be exposed to noise levels that exceed
the established City of Bakersfield noise thresholds.
The development of the proposed land uses would be exposed to traffic noise levels generated from
on- and off-site. Using traffic data provided by McIntosh and Associates, an analysis was conducted
to identify the future traffic noise exposures that would occur at the project site by the Year 2015 and
Year 2030. Two roadway segments (West Beltway south of White Lane and West Beltway north of
White Lane) in 2015 and three roadway segments (West Beltway south of White Lane, West Beltway
north of White Lane, and White Lane from West Beltway to South Allen Road) in 2030 would
expose adjacent sensitive uses to greater than 65 dB CNEL. An exceedance of 65 dB CNEL on the
on-site sensitive uses such as residences and schools would be a significant noise impact.
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulatil1e Adverse Impacts
In addition, standard residential building construction is typically assumed to provide a noise
reduction of 20 dB with doors and windows closed. Applying this to the exterior noise levels
identified in the EIR, it may be concluded that the City's interior CNEL standard of 45 dB may be
exceeded at some of the proposed homes and potentially schools adjacent to White Lane and West
Beltway. Therefore, the potential noise impact would be considered significant.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.8.A.I.
Prior to tentative tract map approval" a noise analysis shall be conducted to detennine the
setbacks and/or noise barriers that are required to comply with the City's 65 dB CNEL
exterior and 45 dB CNEL interior noise standards along West Beltway, and White Lane.
It is assumed that a 6-foot high soundwalls and/or setbacks on the project site along
South Allen Road, Ming A venue, and Buena Vista Road, would be adequate to reduce
onsite noise levels to meet the City's exterior and interior noise level standards.
Furthennore, if interior noise standards are to be met with windows and doors closed, the
specific proposed residential and/or school buildings that require mechanical ventilation
shall be detennined in a noise analysis. Specific lot design and site grading would need
to be evaluated in the noise analysis to detennine the specific noise attenuation
recommendations.
The implementation ofthe above mitigation measure requires a noise analysis when specific lot
design and site grading are known along White Lane and West Beltway to detennine the noise
attenuation features that would be required to comply with the City's 65 dB CNEL exterior and 45 dB
CNEL interior noise standards. The implementation of the noise attenuation features such as setbacks
and/or noise barriers would reduce potential noise impacts to less than significant.
Michael Brandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
3.7.2 - Potentially Significant Impact
Impact 5.8.C.
The proposed project could experience noise levels from future onsite commercial
and light industrial activities.
The proposed project includes commercial and light industrial uses that may generate noise levels that
create a significant impact on adjacent sensitive land uses on the project site. A wide variety of noise
sources can be associated with commercial and industrial uses. Noise levels can also range widely.
Typical examples of noise sources are:
. Fans and blowers
. Truck deliveries
. Loading Docks
. Compactors
. Saws, routers, grinders
. Machine shop equipment
Noise levels from the proposed commercial and industrial land uses cannot be predicted with
certainty at this time since no specific uses have been proposed. However, under some circumstances
there is potential for these onsite uses to exceed the City's noise standards and, therefore, be
significant.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.8.C.I.
Prior to site plan approval for commercial and industrial uses adjacent to residential uses,
the project applicant shall conduct a noise study to determine the appropriate measures to
reduce potential noise levels to meet the City's noise level performance standards. If
commercial and industrial uses are proposed adjacent to residential uses, appropriate
measures would include setbacks, sound barrier, or a combination of both.
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
5.8.C.2.
Prior to City approval (conditional use permit, site plan, building permit, fire department
permit, etc.) for the construction of an oil well adjacent to sensitive land uses, the project
applicant shall conduct a noise study to determine the appropriate measures to reduce
potential noise levels to meet the City's noise level performance standards. If sensitive
land uses are proposed to adjacent existing oil wells, appropriate measures would include
setbacks, sound barrier, or a combination of both. If oil wells are proposed adjacent to
existing sensitive land uses, the engines associated with the oil wells could be converted
to electric motors, sound barriers could be used, or setbacks could be established.
Since the proposed project includes commercial and industrial uses that may generate noise levels
that could create significant noise impacts on adjacent residential uses, the requirement to conduct a
noise study to meet the City's noise level performance standards would reduce potential impacts to
less than significant. The above measures identify alternative approaches to reduce the potential
impacts through setbacks, sound barriers, or a combination of both.
3.7.3 - Potentially Significant Impact
Impact 5.8.0.
The proposed project could experience noise levels from future onsite parks.
The proposed project includes passive and active parks. Passive parks do not include active,
organized sports and, therefore, no substantial noise levels would occur in passive parks. Passive
parks are proposed in Villages A, C, D, E and F. The project includes one IS-acre active park
proposed in Village B. This park could include organized sports. Noise levels from organized sport
activities, like baseball, softball or soccer, could be substantial depending on the distance from the
activity to adjacent sensitive uses. Measurements conducted at a Little League baseball game
indicated that noise levels at 150-300 from home plate ranged from Lso 54-58 dBA and Lmax values
from 66-72 dBA. If sensitive uses are within these distances, noise levels would exceed the City's
performance standards and, therefore constitute a significant noise impact.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
5.S.D.l.
Prior to tentative tract ~ap approval for the proposed active park and related park
facilities adjacent to sensitive uses, the project applicant shall conduct a noise study to
determine the appropriate measures to reduce potential noise levels to meet the City's
noise level performance standards. If the proposed active parks or related park facilities
are proposed adjacent to sensitive use areas, appropriate measures would include
setbacks, sound barrier, or a combination of both.
Implementation of the above mitigation measure requires a noise study for the proposed park uses to
meet the City's noise level performance standards at adjacent sensitive uses and reduce the potential
impacts to less than significant. The above measure identifies alternative approaches to reduce the
potential impacts through setbacks, sound barriers, or a combination of both.
3.7.4 - Potentially Significant Impact
Impact 5.S.E.
Construction activities associated with the proposed project may expose persons
to the generation of ground borne vibration or ground borne noise levels.
Groundborne vibration is measured in terms of the velocity of the vibration oscillations. As with
noise, a logarithmic decibel scale (VdB) is used to quantify vibration intensity. When groundborne
vibration exceeds 80 VdB, it is usually perceived as annoying. Typically, vibration must exceed 100
V dB before building damage occurs.
The primary vibratory source during the construction of the project could be large bulldozers and
loaded trucks. Typical bulldozer or loaded truck activities generate an approximate vibration level of
86-87 VdB at a distance of25 feet. As development is phased throughout the site, construction
activities will continually be moved so that no one home or group of homes would be continually
exposed to construction ground vibration throughout the 20-year build-out period. Due to the
continual movement of construction activities, onsite residences would be temporarily exposed to
construction groundborne vibration.
The nearest existing residences to future construction activities on the project site are approximately
110 feet, and these residences are located along South Allen Road and White Lane. Both of these
roadways include future rights-of-way of 110 feet. Therefore, construction activities on the site
would be 110 feet and farther from the existing residences. However, these existing residences would
be exposed to ground borne vibration levels during construction activities associated with White Lane
and South Allen Road. Both of these roadways would be improved to a 6-lane arterial, and the
existing residences would be approximately 50 feet from the future construction activities ofthese
roadways.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
Construction activities associated with the proposed project could temporarily result in annoyance for
nearby residences; therefore, these activities could result in significant groundborne vibration
impacts.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.8.E.1.
Prior to grading plan approval, the grading plans shall state that construction activities
associated with development of the project site would be required to be in conformance
with Section 9.22.050 of the City of Bakersfield Municipal Code which limits
construction to the hours of 6 a.m. to 9 p.m. on weekdays, and between 8 a.m. and 9 p.m.
on weekends, where construction occurs less than 1,000 feet from residences.
5.8.E.2.
Prior to grading plan approval, the grading plans shall state that construction equipment
shall be equipped with mufflers and maintained in accordance with the equipments'
factory specifications. During construction activities, the construction equipment muffler
and maintenance records shall be onsite.
When groundbome vibration exceeds 80 vibration decibels (V dB), it is usually perceived as
annoying. Typically, vibration must exceed 100 VdB before building damage occurs. To prevent
vibration annoyance in residences, a level of 80 V dB is suggested by the Federal Transit
Administration in its publication "Transit Noise and Vibration Impact Assessment" prepared in 1995.
Typical bulldozer or loaded truck activities generate an approximate vibration level of 86-87 V dB at a
distance of25 feet. The existing residences adjacent to South Allen Road and White Lane or future
residences on site could be located within 25 feet of construction activities that have bulldozers or
loaded trucks. Given the constant movement of the construction activities, these impacts would result
in a temporary annoyance. The above mitigation measures would limit construction activities in
conformance with the City's Municipal Code as well as requiring the construction equipment be
equipped with mufflers and be maintained in accordance with the equipments' factory specification.
These two measures would reduce the annoyance of adjacent residents from groundbome vibration.
This reduced annoyance would result in a less than significant groundborne vibration impact.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
3.7.5 - Potentially Significant Impact
Impact 5.S.G.
Construction activities associated with the proposed project may result in
substantial temporary or periodic increases in ambient noise levels.
Construction activities would generate noise levels at various locations within the project site
throughout the 20-year build.,.out of the project. During construction, noise from construction
activities would potentially impact noise-sensitive land uses in the immediate area. Activities
involved in construction would generate noise levels at 50 feet. As development is phased throughout
the site, construction activities will continually be moved so that no one home or group of homes
would be continually exposed to construction noise throughout the 20-year build-out period. Due to
the continual movement of construction activities, onsite residences would be temporarily exposed to
construction noise.
The nearest existing residences to future construction activities on the project site are approximately
110 feet, and these residences are located along South Allen Road and White Lane. Both of these
roadways include future rights-of-way of 110 feet. Therefore, construction activities on the site
would be 110 feet and farther from the existing residences. However, these existing residences would
be exposed to noise levels during construction activities associated with White Lane and South Allen
Road. Both of these roadways would be improved to a 6-lane arterial, and the existing residences
would be approximately 50 feet from the future construction activities of these roadways.
Construction activities associated with the proposed project could temporarily result in annoyance for
nearby residences; therefore, these activities could result in significant noise impacts
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.S.E.1.
Prior to grading plan approval, the grading plans shall state that construction activities
associated with development of the project site would be required to be in conformance
with Section 9.22.050 of the City of Bakersfield Municipal Code which limits
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
construction to the hours of 6 a.m. to 9 p.m. on weekdays, and between 8 a.m. and 9 p.m.
on weekends, where construction occurs less than 1,000 feet from residences.
5.8.E.2.
Prior to grading plan approval, the grading plans shall state that construction equipment
shall be equipped with mufflers and maintained in accordance with the equipments'
factory specifications. During construction activities, the construction equipment muffler
and maintenance records shall be onsite.
Construction activities associated with the proposed project could range from 77-90 dB at
approximately 50 feet. These construction activities could expose existing or future onsite residences
to significant noise levels. Given the constant movement of the construction activities, these impacts
would result in a temporary annoyance. The above mitigation measures would limit construction
activities in conformance with the City's Municipal Code as well as requiring the construction
equipment be equipped with mufflers and be maintain in accordance with the equipments' factory
specification. These two measures would reduce the nearby residents' temporary annoyance of the
construction noise levels to less than significant.
3.8 - PUBLIC SERVICES
3.8.1 - Potentially Significant Impact
Impact 5.9.C.
The project may potentially result in substantial adverse physical impacts
associated with the provision or need of new or physically altered school facilities,
the construction of which could cause significant environmental impacts, in order
to maintain acceptable service ratios or other performance objectives.
The proposed project will introduce new and more intense land uses to the area. The development of
residential uses will result in a substantial increase in population in the project vicinity and the
corresponding generation of school children will increase the demand for school facilities.
Mike Killeen, former Facilities Director for the District, notes that all of the approximately 7,450
dwelling units proposed as part ofthis project are within Panama-Buena Vista Union School District.
Using student generation rates provided by Mr. Killeen, the proposed project is estimated to generate
approximately 2,427 elementary students and 1,484 middle school students.
The generation of approximately 2,468 elementary students and 731 middle school students will
significantly impact the school district and necessitate the construction of additional school facilities
to serve the project's student population.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
I
The proposed project includes several conceptually sited elementary schools and one junior high
school within the project boundary. Ifrequired, the future school sites will be developed in
consultation with the Panama Buena Vista School district and l'ocated per the District's requirements.
The location and designation of the schools are not established because the City of Bakersfield does
not designate school sites at the General Plan or zoning level of planning. In accordance with the
City's General Plan and zoning designations, the schools could be located within any ofthe
residential areas. Offsite school sites and facilities may be utilized in lieu of onsite school sites and
facilities where available and appropriate.
High schools constructed by Kern High School District typically have a capacity of approximately
2,150 to 2,180 students, but can accommodate approximately 100 students over this capacity.
Stockdale High School currently serves the project site, and currently has an enrollment of 150-200
students over capacity.
The Kern High School District is currently studying a new student generation rate, based upon the
rapid growth of the Metropolitan area. Nonetheless, according to the Kern Council of Governments
(KERNCOG) Profile of General Demographic Characteristics, U.S. Census Bureau, Census 2000
Data, the overall student generation rate for the Bakersfield area is 0.22 students per residential unit.
Using a student generation rate of 0.22 students per residential unit, the proposed project (7,450 units)
is estimated to generate approximately 1,639 new high school students.
The generation of approximately 1,639 new high school students indicates that 0.75 new high schools
would be required to accommodate this population; therefore, the proposed project will significantly
impact the school district and necessitate the construction of an additional high school facility to serve
the student the population anticipated within the project site.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
5.9.C.l.
Prior to the issuance of building penn its, the project applicant shall pay Panama-Buena
Vista Union School District and Kern High School District adopted development impact
school fees in accordance with the statutory fees that are in effect at the time of issuing
each pennit.
Both the Panama-Buena Vista Union School District and Kern High School District have adopted
development impact school fees in accordance with the statutory fees to provide adequate school
facilities for students generated from land use development. The above mitigation requires the
project applicant to pay the school fees at the time of building penn its because the impact school fees
may change during the 20-year buildout of the West Ming Specific Plan.
3.9 - UTILITIES AND SERVICE SYSTEMS
3.9.1 - Potential Significant Impact
Impact 5.12.8.
The project would require and result in the construction of new domestic water
facilities or expansion of existing facilities, the construction of which could cause
significant environmental effects.
The proposed project includes a conceptual water system that has waterlines throughout the project
site as well as 8 proposed water wells distributed throughout the site. According to the SB 2211SB
610 Water Assessment Report, the conceptual water facilities would be adequate to provide water
service to the proposed land uses. In addition, according to McIntosh and Associates, no new offsite
water facilities would be required with project implementation (McIntosh and Associates, June 2006).
Due to the need for onsite waterlines and water wells on the project site, the construction of these
facilities could result in significant environmental impacts (i.e., noise, traffic, air emissions) to land
uses that exist on the site prior to construction of the facilities.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue ofthe following mitigation measures as identified in the final EIR and
incorporated into the Project.
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
,
S.12.B.t. Prior to the issuance of building permits for the onsite water facilities (i.e., water lines
and water wells), the construction and operational impacts such as noise, traffic, and air
emissions on adjacent land uses need to be adequately addressed in accordance with the
CEQA Guidelines. Construction activities are required to occur at times specified in the
Municipal Code as well as ensure that mufflers are on the construction equipment.
Operational noise levels associated with the water wells are required to be in
conformance with the City of Bakersfield Noise Performance Standards. Traffic
management plans need to be implemented to ensure adequate safety during construction
activities. Finally, construction air emissions are required to be reduced according to the
San Joaquin Valley Air Pollution Control District Guidelines and long term emissions
associated with the water well pump would require an air permit from the District.
The City of Bakersfield Water Department has adequate water supplies to serve the proposed project
as outlined in the SB 221/SB610 Water Assessment Report and prepared by Provost and Pritchard
and located in Appendix M of the Draft EIR and revised in the responses to comments, which is in
Chapter 2 of the Recirculated Draft EIR. Although adequate water supplies are available, the project
will require onsite waterlines and water wells on the project site. The provision of these onsite water
facilities could result in significant environmental impacts (i.e., noise, traffic, air emissions) to land
uses that exist on the site prior to construction of the facilities. The above mitigation measure
includes requirements to ensure that the construction impacts associated with these water facilities
(i.e., noise, traffic, and air emissions) are reduced to less than significant through adherence to the
noise requirements in the City's Municipal Code, mufflers on construction equipment, conformance
with the City of Bakersfield Noise Performance Standards, traffic management plans, and air permits
for the lift station.
3.9.2 - Potential Significant Impact
Impact 5.12.C.
The implementation of the proposed project would increase the generation of
wastewater on the project site and would require new and expanded facilities, the
construction of which could cause significant environmental effects.
Based on the Public Services Report prepared by McIntosh and Associates and located in Appendix K
of the Draft EIR, which is in Chapter 1 of the Recirculated Draft EIR, the proposed project is
anticipated to increase wastewater flows from the project site by an average flow of2.83 million
gallons per day. This increase in wastewater flow would require expansion of the existing lift station
along White Lane as well as the potential expansion and/or extension of existing trunk sewer lines to
the City of Bakersfield Wastewater Treatment Plant No.3. Therefore, the project would result in
significant impacts related to existing sewer facilities.
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
The proposed project includes a conceptual sewer plan for the project site. The conceptual plan
includes a range of 8-inch to I8-inch sewer lines to connect with the existing sewer lines along South
Allen Road, White Lane, and Buena Vista Road.
Due to the need for onsite and offsite sewer facilities, the construction of these facilities could result
in significant environmental impacts (Le., noise, traffic, air emissions) to land uses that exist on the
site prior to construction ofthe facilities.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.12.C.t. Prior to the recordation of final maps, the project applicant shall demonstrate to the City
of Bakersfield Public Works Department that the existing sewer trunk lines and the
existing sewer lift station on White Lane are adequate to accommodate project flows. If
the development of the individual tracts result in the exceedance of the capacities of the
existing facilities, the existing facilities shall be expanded or new facilities shall be
constructed to adequately serve the proposed tract.
5.12.C.2. Prior to the issuance of building permits, the project applicant shall pay sewer connection
fees to the City of Bakersfield Public Works Department. The fees would be used to
provide adequate sewer facilities to convey wastewater from the project site to
Wastewater Treatment Plan No.3 as well as contribute to the cost to increase the capacity
of the treatment plant.
5.12.C.3. Prior to the issuance of building permits for the onsite and offsite sewer facilities, the
construction and operational impacts such as noise, traffic, and air emissions on adjacent
land uses need to be adequately addressed in accordance with the CEQA Guidelines.
Construction activities are required to occur at times specified in the Municipal Code as
well as ensure that mufflers are on the construction equipment. Operational noise levels
associated with any sewer lift stations are required to be in conformance with the City of
Bakersfield Noise Performance Standards. Traffic management plans need to be
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
implemented to ensure adequate safety during construction activities. Finally,
construction air emissions are required to be reduced according to the San Joaquin Valley
Air Pollution Control District Guidelines and long term emissions associated with the lift
station would require an air permit from the District.
An existing 42-inch sewer trunk line extends south from Ming Avenue along South Allen Road to
White Lane, where it extends east along White Lane to Buena Vista Road, then extends south along
Buena Vista Road and extends south of the existing railroad. There is also an existing sewer lift
station on the project site along White Lane approximately 1,400 feet west of Buena Vista Road. The
project includes a conceptual sewer plan with lines ranging from S-inch to IS-inch to connect the
existing sewer lines along South Allen Road, White Lane, and Buena Vista Road. Mitigation
Measure 5.12.C.I requires the applicant to demonstrate that the existing sewer trunk lines and the
existing sewer lift station on White Lane is adequate to accommodate project flows. If the capacities
of the existing facilities are exceeded, this measure requires the facilities to be expanded or new
facilities constructed to accommodate anticipated demand. As with all development in the City of
Bakersfield, the project applicant is required to pay the City's sewer connection fee so that the funds
can be used to provide adequate sewer facilities to convey wastewater from the project site to
Wastewater Treatment Plant No.3 as well as contribute to the cost to increase the capacity of the
treatment plant. Furthermore, Mitigation Measure 5.I2.C.3 includes a requirement to ensure that the
construction impacts associated with onsite and off-site sewer facilities (i.e., noise, traffic, and air
emissions) are reduced to less than significant through adherence to the noise requirements in the
City's Municipal Code, mufflers on construction equipment, conformance with the City of
Bakersfield Noise Performance Standards, traffic management plans, and air permits for the lift
station.
3.9.3 - Potential Significant Impact
1m pact 5.12.E.
The project could require or result in the construction of new stonn water drainage
facilities or expansion of existing facilities, the construction of which could cause
significant environmental effects.
The proposed project will include grading on the project site. The grading would alter the existing
drainage on the site. The proposed project includes a conceptual storm drain plan that includes a
series of detention and retention facilities and storm drain lines that connect them. The detention
facilities include pumps that would be used when an excess of water enters the detention facilities.
These detention facilities are located near the Kern River Canal, and the pumps would convey water
from the detention facility to the Kern River Canal.
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
Due to the need for onsite drainage facilities, the construction of these facilities could result in
significant environmental impacts (i.e., noise, traffic, air emissions) to land uses that exist on the site
prior to construction of the facilities.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
5.12.E.1. Prior to the issuance of building permits for the onsite drainage facilities, the construction
and operational impacts such as noise, traffic, and air emissions on adjacent land uses
need to be adequately addressed in accordance with the CEQA Guidelines. Construction
activities are required to occur at times specified in the Municipal Code as well as ensure
that mufflers are on the construction equipment. Operational noise levels associated with
the drainage pumps are required to be in conformance with the City of Bakersfield Noise
Performance Standards. Traffic management plans need to be implemented to ensure
adequate safety during construction activities. Finally, construction air emissions are
required to be reduced according to the San Joaquin Valley Air Pollution Control District
Guidelines and long term emissions associated with the drainage pumps would require an
air permit from the District.
The proposed project includes a conceptual storm drain plan that includes a series of detention and
retention facilities and storm drain lines that connect them. The above mitigation measure includes a
requirement to ensure that the construction impacts associated with the onsite drainage facilities (i.e.,
noise, traffic, and air emissions) are reduced to less than significant through adherence to the noise
requirements in the City's Municipal Code, mufflers on construction equipment, conformance with
the City of Bakersfield Noise Performance Standards, traffic management plans, and air permits for
the lift station.
Michael Brandman Associates
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City of Bakersfield - West Mlng Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
3.10 - MINERAL RESOURCES
3.10.1 - Potential Significant Impact
The operation of oil facilities could affect future land uses on the project site.
The project site contains active, producing oil wells and wells that are no longer active. A Natural
Resources Impact Report was prepared for the proposed project in 2004 by Claude D. Fiddler (see
Appendix H in the Draft EIR which is in Chapter 1 of the Recirculated Draft EIR) and updated by
WZI, Inc. in 2006 (see Attachment 2 in the Responses to Comments document dated December 8,
2006). The proposed project includes a Special Use District that would allow continued oil well
production. In addition, existing and future wells located outside of the Special Use District could be
accommodated in the land use plan by the designation of single lots as drilling islands that would be
used for the production of oil and other related uses. One area in the northwestern portion ofthe
project site (i.e., 2.5 acres) is proposed to be designated West Ming Drill Island District (WM-DI)
zone. According to the West Ming Specific Plan Compatibility & Safety Assessment prepared by
Claude D. Fiddler in December 2004 (see Appendix N), the implementation of the proposed project
would not diminish the oil recovery from the reservoirs in the project development area. Although
the project would not affect the ability to recover oil resources, the operation of the oil facilities could
affect future land uses on the project site.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment.
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant by virtue of the following mitigation measures as identified in the final EIR and
incorporated into the Project.
Prior to approval of a tentative tract//parcel map, the project applicant shall submit a
petroleum integration plan that shows how all existing petroleum-related facilities will be
protected and integrated into the proposed development and provides documentation of
compliance with Section 17.46.010 and Section 15.66 of the City Municipal Code.
The project site contains active, producing oil wells and wells that are no longer active. The proposed
project includes a Special Use District that would allow continued oil well production. In addition,
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
existing and future wells located outside ofthe Special Use District could be accommodated in the
land use plan by the designation of single lots as drilling islands that would be used for the production
of oil and other related uses. One area in the northwestern portion of the project site (i.e., 2.5 acres) is
proposed to be designated West Ming Drill Island District (WM-DI) zone. According to the West
Ming Specific Plan Compatibility & Safety Assessment prepared by Claude D. Fiddler in December
2004 (see Appendix N), the implementation of the proposed project would not diminish the oil
recovery from the reservoirs in the project development area. The implementation of the above
mitigation measure would ensure compatibility between the future land uses on the project site and
the existing and future oil production activities on the project site; and therefore, potential project
impacts on on site oil production activities, and the affects of operation of oil facilities on future land
uses on the project site would be less than significant.
3.11 - CUMULATIVE IMPACTS
3.11.1 - Potential Significant Impact
Impact 6.3.2.A.
The project would contribute to a cumulatively considerable net increase of criteria
pollutants for which the project region is in non-attainment under an applicable
federal and state ambient air quality standard.
An analysis of the existing and proposed projects within an area identified in the traffic s~udy where
roadway segments and intersections will require improvements due to project-generated traffic was
conducted. The projects identified were determined based on cumulative project information
obtained from City and County planning personnel. Thirty-five proposed residential development,
four mixed use, and twenty-four commercial projects have been identified and modeled using the
URBEMIS 2002 Version 8.7 computer model to predict cumulative impacts. A build-out rate of 4
dwelling units a month was applied for each other identified project when no other information was
available. Emissions for the operational phase ofthe proposed projects were based on housing lot
totals and commercial square feet totals provided by the City of Bakersfield Planning Department and
the Kern County Planning Departments.
The San Joaquin Valley Air Basin has been designated as a non-attainment area for the ozone
standards, both federal and state. A quantitative modeling analysis was conducted to address
potential cumulative criteria pollutant impacts in the project area. The modeling approach employed
is consistent with federal, state and District guidance for considering the impacts from industrial
facilities.
The maximum predicted total impacts were compared to the California and National Ambient Air
Quality Standards (CAAQS and NAAQS). The cumulative results show that total impacts (i.e.,
Michael Brandman Associates
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CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
modeled maximum cumulative impacts plus highest background values) of all the criteria pollutants
are below the applicable state and federal standards, with exception ofPMIO (216.6% of the 24-hour
standard and 224.1 % of the annual standard) and PM2.5 (106.5% of the 24-hour standard and 154.2%
ofthe annual standard). The cumulative impacts of PM 10 and PM2.5 are considered significant within
the one-mile and six-mile radius.
In addition to the cumulative analysis that assumes full project buildout, an analysis of an
intermediate year (i.e., 2015, when the project site has most of the commercial and industrial sources
built out) was conducted. Therefore, all ofthe final year stationary sources were included in the
intermediate year model. In addition, the construction equipment required to build out the various
uses onsite were included in the model. The construction equipment included: 4 rough terrain
forklifts, 4 skid steer loaders, 4 rubber tired loaders, 4 water trucks, a grader, a dump truck, a paver,
one piece of paving equipment, and 2 rollers. In addition, two 20-acre area sources were modeled to
represent fugitive dust emissions from grading activities that could be occurring. The construction
equipment was placed around the project site based on the land uses throughout the site. This created
a very conservative stationary source model.
The maximum predicted total impacts were compared to the California and National Ambient Air
Quality Standards (CAAQS and NAAQS). The cumulative results for intermediate year 2015 show
that the total impacts (Le., modeled maximum project impacts for intermediate year 2015 plus highest
background values) of all the criteria pollutants are below the applicable state and federal standards,
with exception of PM 10 (259.4% of the 24-hour standard) and PM2.5 (124.8% of the 24-hour standard
and 159.2% of the annual standard). The cumulative impacts of PM 10 and PM2.5 are considered
significant.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project's contribution to the cumulative significant effect has been eliminated or substantially
lessened to a level that is less than significant and less than cumulatively considerable by virtue of the
following mitigation measures as identified in the final EIR and incorporated into the Project.
5.2.C.1.
Prior to the approval of building permits, the applicant shall comply with District
Regulation II, specifically, the project will be subject to Best Available Control
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
Technology (BACT) in accordance with the District's New Source Review (NSR) Rule.
As a part of the District pennitting process, any emissions exceeding the District's
offsetting thresholds would have to be offset back to the thresholds on a stationary source
by stationary source basis. Accordingly, these NSR Offsets will reduce ROG net
emissions by 22.92 tons per year (from 90.97 tons per year to 68.05 tons per year) and
reduce NOx net emissions by 14.00 tons per year (from 33.20 tons per year to 19.20 tons
per year).
S.2.C.2. Prior to the approval of building pennits, the applicant shall comply in all respects with
developer's obligations under that certain Air Quality Mitigation Agreement approved by
the San Joaquin Valley Air Pollution Control District, and entered into by and between
the District and developer, a copy of which is contained within the appendices of the Air
Quality Assessment in Appendix C of this Draft EIR. Developer's compliance with the
Air Quality Mitigation Agreement will result in a reduction ofROG, NOx, and PM 10 net
emissions to zero or in quantities sufficient 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 Air
Pollution Control District. Accordingly, the Air Quality Mitigation Agreement will
further reduce ROG net emissions by 68.05 tons per year (from 68.05 tons per year to 0
tons per year), will further reduce NOx net emissions by 19.20 tons per year (from 19.20
tons per year to 0 tons per year), and will reduce PMI0 net emissions by 38.79 tons per
year (from 38.79 tons per year to 0 tons per year). It should be restated that
approximately 39.42 tons per year of ROG, 28.22 tons per year of NO x, and 43.28 tons
per year of PM 1 0, from onsite agricultural emissions will be subtracted from the
proposed project emissions since they will phased out as the project is developed.
As described above, absent mitigation, full project buildout with the implementation of cumulative
projects defined above as well as intennediate year buildout (Le., 2015, when the project site has most
ofthe commercial and industrial sources built out) would result in PMI0 and PM2.5 exceeding the
applicable state and federal standards. Under full project buildout, absent mitigation, PMI0 would
exceed the 24-hour federal standard by 216.6% and the state annual standard by 224.1 %. PM2.5
would exceed the 24-hour federal standard by 106.5 % and the state annual standard by 154.2% at full
project buildout.
Under the intennediate year 2015, absent mitigation, PM 10 would exceed the 24-hour federal
standard by 259.4%. PM2.5 will exceed the 24-hour federal standard by 124.8% and the state annual
standard by 159.2% at intennediate year 2015.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
The implementation of the above mitigation measures will reduce PMI0 emission to net zero. By
reducing PM 1 0 emission to net zero, PM2.5 which is a subset or portion of PM 1 0, is also reduced to
net zero, thereby, the project would result in less than significant, and less than cumulatively
considerable, impacts on air quality related to PMI0 and PM2.5.
3.11.2 - Potential Significant Impact
Impact 6.3.2.8.
The operation of the project and cum ulative development would contribute
substantially to an existing or projected air quality violation resulting in emissions
that violate air quality standards or conflict with or obstruct implementation of the
applicable Air Quality Management Plan.
Implementation of the proposed project along with future development would result in a substantial
increase in emissions within the Air Basin. When project emissions are added to future development
emissions, a total of253.22 tons per year (tpy) of reactive organic gases (ROG), 205.86 tpyof
nitrogen oxides (NOx), 3,798.54 tpy of carbon monoxide (CO), 206.3 tpy ofPMIO and 4.37 tpy of
sulfur oxides (SOx) would be generated. Since, the proposed project would result in a significant
increase in ROG, NOx, and PMIO emissions, the project's contribution of ROG, NOx, and PMIO to
the cumulative impact on air quality is considered cumulatively considerable.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project's contribution to the cumulative significant effect has been eliminated or substantially
lessened to a level that is less than significant and less than cumulatively considerable by virtue ofthe
following mitigation measures as identified in the final EIR and incorporated into the Project.
S.2.C.t.
Prior to the approval of building permits, the applicant shall comply with District
Regulation II, specifically, the project will be subject to Best Available Control
Technology (BACT) in accordance with the District's New Source Review (NSR) Rule.
As a part of the District permitting process, any emissions exceeding the District's
offsetting thresholds would have to be offset back to the thresholds on a stationary source
by stationary source basis. Accordingly, these NSR Offsets will reduce ROG net
emissions by 22.92 tons per year (from 90.97 tons per year to 68.05 tons per year) and
reduce NOx net emissions by 14.00 tons per year (from 33.20 tons per year to 19.20 tons
per year).
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
S.2.C.2. Prior to the approval of building permits, the applicant shall comply in all respects with
developer's obligations under that certain Air Quality Mitigation Agreement approved by
the San Joaquin Valley Air Pollution Control Dist~ict, and entered into by and between
the District and developer, a copy of which is contained within the appendices of the Air
Quality Assessment in Appendix C of this Draft EIR. Developer's compliance with the
Air Quality Mitigation Agreement will result in a reduction of ROG, NOx, and PMIO net
emissions to zero or in quantities sufficient to fully mitigate the project's air quality
impacts to the extent that the development ofthe 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 Air
Pollution Control District. Accordingly, the Air Quality Mitigation Agreement will
further reduce ROG net emissions by 68.05 tons per year (from 68.05 tons per year to 0
tons per year), will further reduce NOx net emissions by 19.20 tons per year (from 19.20
tons per year to 0 tons per year), and will reduce PMIO net emissions by 38.79 tons per
year (from 38.79 tons per year to 0 tons per year). It should be restated that
approximately 39.42 tons per year of ROG, 28.22 tons per year of NO x, and 43.28 tons
per year of PM 1 0, from onsite agricultural emissions will be subtracted from the
proposed project emissions since they will phased out as the project is developed.
Absent mitigation, the proposed project would contribute significant emissions of ROG, NOx, and
PMlO to the cumulative impact on air quality. This contribution would be considered cumulatively
considerable. The above mitigation measures include compliance with the District's New Source
Review and an Air Quality Mitigation Agreement that would reduce emissions of ROG, NOx, and
PMIO to net zero, thereby, the project would result in less than significant, and less than cumulatively
considerable, impacts on air quality.
3.11.3 - Potential Significant Impact
Impact 6.3.2.0.
Cumulative development would contribute to visibility impacts.
According to the Air Quality Assessment in Appendix C of the Draft EIR which is in Chapter I of the
Recirculated Draft EIR, the threshold for California Standard-based visibility is correlated to the
standard Extinction Coefficient of 0.23 per kilometer. This equates to 90 ~g/m3 ofPM\o. The
maximum modeled PMIO cumulative impact of I 08.08 ~g/m3 (as shown on Table 7.1-5 in the Air
Quality Assessment in Appendix C ofthis Draft EIR, which is in Chapter 1 of the Recirculated Draft
EIR) is over 90 ~g/m3. This is due to the background concentration (104.3 ~g/m3) exceeding the 90
~g/m3. Since cumulative development will contribute PMIO to an air basin that is in non-attainment
of PM 10, development of the cumulative projects, including the proposed project, would result in a
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
significant visibility impact. The project's contribution to the cumulative visibility impact is
considered cumulatively considerable.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project's contribution to the cumulative significant effect has been eliminated or substantially
lessened to a level that is less than significant and less than cumulatively considerable by virtue of the
following mitigation measures as identified in the final EIR and incorporated into the Project.
5.2.C.t.
5.2.C.2.
Prior to the approval of building permits, the applicant shall comply with District
Regu]ation II, specifically, the project will be subject to Best Availab]e Control
Technology (BACT) in accordance with the District's New Source Review (NSR) Rule.
As a part ofthe District permitting process, any emissions exceeding the District's
offsetting thresholds would have to be offset back to the thresholds on a stationary source
by stationary source basis. According]y, these NSR Offsets will reduce ROG net
emissions by 22.92 tons per year (from 90.97 tons per year to 68.05 tons per year) and
reduce NOX net emissions by 14.00 tons per year (from 33.20 tons per year to ] 9.20 tons
per year).
Prior to the approval ofbui]ding permits, the applicant shall comply in all respects with
developer's obligations under that certain Air Quality Mitigation Agreement approved by
the San Joaquin Valley Air Pollution Control District, and entered into by and between
the District and developer, a copy of which is contained within the appendices of the Air
Quality Assessment in Appendix C of this Draft EIR. Deve]oper's compliance with the
Air Quality Mitigation Agreement will result in a reduction of ROG, NOX, and PMI0 net
emissions to zero or in quantities sufficient 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 Air
Pollution Control District. According]y, the Air Quality Mitigation Agreement will
further reduce ROG net emissions by 68.05 tons per year (from 68.05 tons per year to 0
tons per year), will further reduce NOX net emissions by 19.20 tons per year (from ]9.20
tons per year to 0 tons per year), and will reduce PMl 0 net emissions by 38.79 tons per
year (from 38.79 tons per year to 0 tons per year). It should be restated that
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
approximately 39.42 tons per year of ROG, 28.22 tons per year of NO x, and 43.28 tons
per year ofPMlO, from onsite agricultural emissions will be subtracted from the
proposed project emissions since they will phased' out as the project is developed.
The California standard for visibility impacts is 90 micrograms per cubic meter. The proposed
project (3.78 micrograms per cubic meter) and cumulative projects (104.3 micrograms per cubic
meter) will result in combined 108.08 micrograms per cubic meter. Cumulatively, the PMlO
generated by the proposed project and cumulative projects would, absent mitigation, exceed the
visibility threshold of90 micrograms per cubic meter and will result in significant visibility impacts.
Implementation of the above mitigation measures that include the District's New Source Review and
an Air Quality Mitigation Agreement will result in a net zero emission ofPMlO. Therefore, After
implementation of the two mitigation measures above, the proposed project would not contribute to
cumulative visibility impacts.
3.11.4 - Potential Significant Impact
Impact 6.3.3.A.
The proposed project will contribute to a significant impact to biological resources
that is considered cumulatively considerable.
Implementation of the proposed project, in conjunction with future development associated with the
General Plan buildout, would contribute to the loss of habitat in the region, resulting in a decline of
biological resources and species diversity. The proposed project would not result in the loss of
sensitive habitat or plant species. However, since the San Joaquin kit fox and burrowing owl are
known to exist in the general area, implementation of the proposed project as well as future
development associated with General Plan buildout could result in a significant cumulative impact on
this species. Since the proposed project could result in significant impacts on these species, the
project's impact to biological resources is considered cumulatively considerable.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project-level significant effect has been eliminated or substantially lessened to a level that is less
than significant and less than cumulatively considerable by virtue of the following mitigation
measures as identified in the final EIR and incorporated into the Project.
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
5.3.A.1.
Prior to grading plan approval, the project applicant shall pay a Habitat Mitigation Fee in
accordance with Section 15.78.030 of the City of Bakersfield Municipal Code and
MBHCP.
5.3.A.2.
Prior to grading plan approval on the approximately 2, 1 82-acre site, the project proponent
shall comply with all appropriate terms and conditions of the MBHCP to the City
regarding San Joaquin kit fox. The MBHCP requires certain take avoidance measures for
the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be
followed to prevent entrapment of kit fox in dens. Specific measures during the
construction phase ofthe project shall be implemented and include the following:
. A pre-construction survey shall be conducted prior to site grading to search for active
kit fox dens. The survey shall be conducted not more than 30 days prior to the onset
of construction activities in areas subject to development to determine the necessity
of den excavation.
. Monitoring and excavation of each known San Joaquin kit fox den which cannot be
avoided by construction activities.
. Notification of wildlife agencies of relocation opportunity prior to ground
disturbance in areas of known kit fox dens.
. Excavations shall either be constructed with escape ramps or covered to prevent kit
fox entrapment. All trenches or steep-walled excavations greater than three feet deep
shall include escape ramps to allow wildlife to escape. Each excavation shall contain
at least one ramp, with long trenches containing at least one ramp every 0.25 mile.
Slope of ramps shall be no steeper than 1: 1.
. All pipes, culverts or similar structures with a diameter of four inches or greater shall
be kept capped to prevent entry of kit fox. If they are not capped or otherwise
covered, they will be inspected prior to burial or closure to ensure no kit foxes, or
other protected species, become entrapped.
. All employees, contractors, or other persons involved in the construction of the
project shall attend a ''tailgate'' session informing them of the biological resource
protection measures that will be implemented for the project. The orientation shall
be conducted by a qualified biologist and shall include information regarding the life
history of the protected species, reasons for special-status, a summary of applicable
environmental law, and measures intended to reduce impacts. A report summarizing
the date, time, and topics of the "tailgate" session, list of attendees and identification
of qualified biologist conducting session shall be submitted to the Planning Director
within 10 days of the "tailgate" session.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
. All food, garbage, and plastic shall be disposed of in closed containers and regularly
removed from the site to minimize attracting kit fox or other animals.
5.3.A.3.
Since kit foxes are known to exist in the general area, it is recommended that all
construction personnel involved in initial ground disturbance receive sensitive species
instruction prior to initial ground phases of construction. Any evidence, such as dens,
should be avoided and reported to the reviewing agencies for resolution.
5.3.A.4.
Prior to grading plan approval for the approximate 2, 1 82-acre site, the project applicant
shall comply with the following raptor nest mitigation:
. If site grading is proposed during the avian nesting season (February to September),
a focused survey for avian nests shall be conducted by a qualified biologist prior to
grading activities in order to identify active nests in areas potentially impacted by
project implementation.
. If construction is proposed to take place during the nesting season (February to
September), no construction activity shall take place within 500 feet of an active nest
until the young have fledged (as determined by a qualified biologist). Habitat
containing nests that must be removed as a result of project implementation shall be
removed during the non-breeding season (October to January).
. Preconstruction surveys shall include a survey for burrowing owl. If active
burrowing owl burrows are detected outside of breeding season (September 1
through January 31), passive and/or active relocation efforts may be undertaken if
approved by CDFG and USFWS. If active burrowing owl burrows are detected
during breeding season (February 1 through August 31), no disturbance to these
burrows shall occur in accordance with the Migratory Bird Treaty Act.
The implementation of Mitigation Measure 503 .A.l includes the collection of a habitat mitigation fee
to be used for the acquisition, preservation, and protection of habitat for endangered species covered
by the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP), such as grassland for the San
Joaquin kit fox. Mitigation Measure 503.A.2 includes specific avoidance measures of the San Joaquin
kit fox during construction activities. Finally, Mitigation Measure 503.Ao3 includes sensitive species
instruction of all construction personnel to further reduce the potential for impact on the sensitive
species such as the San Joaquin kit fox and burrowing owl. The implementation of these three
measures will reduce project's contribution to potential cumulative impacts on the San Joaquin kit fox
to less than significant and less than cumulatively considerable.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
Implementation of Mitigation Measures 5J.AJ and 5.3.Ao4 will reduce the project's contribution to
potential cumulative impacts to the burrowing owl species to less than significant. As mentioned
above, the sensitive species instruction of all construction personnel will reduce potential impacts on
the burrowing owl species. Mitigation Measure 5J.Ao4 provides a programmatic mitigation measure
for raptors such as the burrowing owl to reduce the project's contribution to potential cumulative
impacts to less than significant and less than cumulatively considerable.
3.11.5 - Potential Significant Impact
Impact 6.3.4.A
The proposed project will contribute to a significant impact to cultural resources
that is considered cumulatively considerable.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project's contribution to the cumulative significant effect has been eliminated or substantially
lessened to a level that is less than significant and less than cumulatively considerable by virtue of the
following mitigation measures as identified in the final EIR and incorporated into the Project.
5.4.A.1.
Prior to grading plan approval within the project site, a qualified archaeologist shall
attempt to find evidence of the previously recorded sites.
If the qualified archaeologist finds evidence of the previous recorded sites, the resources
shall be evaluated for significance and integrity using the criteria established in the
CEQA Guidelines for unique cultural resources and/or 36 CFR 6004 for eligibility for
listing on the National Register of Historic Places. If the resources are found to be
significant, specific measures shall be recommended. In addition, the grading plans shall
state that archaeological monitoring by a qualified archaeologist and a Native American
monitor shall take place during construction excavation activities at the locations ofthe
10 cultural sites and 26 isolates that were previously recorded on the site within the
project site. The archaeologist shall prepare a summary report of the monitoring
activities and findings. The report shall be submitted to the City of Bakersfield Planning
Department and other appropriate agencies within 10 days of completion of monitoring.
If the qualified archaeologist does not find evidence of the previous recorded sites, the
grading plans shall state that archaeological monitoring by a qualified archaeologist and a
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
,
Native American monitor shall take place during construction excavation activities at the
locations of the 10 cultural sites and 26 isolates that were previously recorded on the site
within the project site. The archaeologist shall prepare a summary report of the
monitoring activities and findings. The report shall be submitted to the City of
Bakersfield Planning Department and other appropriate agencies within 10 days of
completion of monitoring.
Following are the specific measures.
. The archaeological monitor shall attend a pre-grade meeting to explain the role ofthe
monitor during grading activities.
. If cultural resources are detected within the project area, the cultural resources must
be recorded using appropriate State record forms (DPR523 series) and following
guidelines in the California Office of Historic Preservation's handbook "Instructions
for Recording Historical Resources." The archaeologist will then submit two (2)
copies of the completed DPR523 forms to the Southern San Joaquin Valley
Information Center for the assignment of trinomials.
. If cultural resources are detected within the survey areas, they must be evaluated for
significance and integrity using criteria established in the CEQA Guidelines for
unique cultural resources and/or 36 CFR 60.4 for eligibility for listing on the
National Register of Historic Places.
. If cultural resources are found within the project footprint, appropriate mitigation
measures and recommended conditions of approval must be developed to eliminate
adverse project effects on significant, important, and unique historical resources,
following appropriate CEQA and/or National Historic Preservation Act Section 106
guidelines.
. A technical resources management report is required. The report must document the
inventory, evaluation, conclusions and mitigation recommendations. Submit two
copies of the completed report, with original illustrations, to the Southern San
Joaquin Valley Information Center for permanent archiving.
S.4.C.l.
Prior to grading plan approval, the grading plans shall state that paleontological
monitoring shall take place during construction excavation activities that result in
excavations of six feet below ground surface or greater within the project site. Following
are the specific measures.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
. Assign a paleontological monitor, trained and equipped to allow the rapid removal of
fossils with minimal construction delay, to the site full-time during the interval of
earth-disturbing activities.
. Should fossils be found within an area being cleared or graded, divert earth-
disturbing activities elsewhere until the monitor has completed salvage. If
construction personnel make the discovery, the grading contractor should
immediately divert construction and notify the monitor of the find.
. Prepare, identify, and curate all recovered fossils for documentation in the summary
report and transfer to an appropriate depository.
. Submit a summary report to the City of Bakersfield. Transfer collected specimens
with copy of report to the repository.
5.4.D.1.
Prior to grading plan approval, the grading plans shall state that if human remains are
encountered on the project site, the Kern County Coroner's Office shall be contacted
within 24 hours of the find, and all work in the immediate vicinity shall be halted until a
clearance is given by that office and any other involved agencies.
The above mitigation measures provide a programmatic approach to reduce potential impacts on
archaeological and paleontological resources and disturbance of human remains to less t~an
significant and less than cumulatively considerable.
3.11.6 - Potential Significant Impact
Impact 6.3.7.A.
The proposed project will increase drainage and degrade surface water quality;
however, the project's contribution to cumulative impacts would not be
cumulatively considerable.
The implementation of the proposed project and other future projects could increase the degradation
of surface water quality during construction and operational activities. The construction activities on
the project site could result in runoff to the Kern River and may contribute cumulatively with
potential runoff from other projects. The project's potential contribution to surface water quality
degradation is considered cumulatively considerable.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
Facts in Support of Findings
The project's contribution to the cumulative significant effect ~as been eliminated or substantially
lessened to a level that is less than significant and less than cumulatively considerable by virtue of the
following mitigation measures as identified in the final EIR and incorporated into the Project.
5.7.A.1.
Prior to grading plan approval, the project applicant shall prepare a Stonnwater Pollution
Prevention Plan (SWPPP) that confonns to the State Water Resources Control Board
NPDES penn it in which the City of Bakersfield is a co-pennitee. The SWPPP shall
specify Best Management Practices (BMPs) to prevent construction-related pollutants
from reaching stonn water and all products of erosion from moving off-site. The SWPPP
shall require approval by the State Water Resources Control Board and verification of
approval provided to the City of Bakersfield Planning Department.
The above mitigation measure requires a SWPPP to be prepared that specifies BMPs to prevent
construction-related pollutants from the project site from reaching stonn water and all products of
erosion from moving off-site. The SWPPP requires approval ofthe State Water Resources Control
Board and a verification letter is required to be submitted to the City of Bakersfield. The
implementation of this mitigation measure would reduce the project's potential contribution to
cumulative stonn water quality impacts during construction activities to less than significant and less
than cumulatively considerable.
3.11.7 - Potential Significant Impact
Impact 6.3.7.8.
The proposed project includes housing and potentially other structures within an
area currently designated as a 100-year flood hazard area. The project's
contribution to cumulative flooding impacts would be considered cumulatively
considerable.
The project's potential flooding impact is considered site specific and would not cumulatively add to
future flooding in other areas of Metropolitan Bakersfield. As additional development occurs in the
vicinity of the Kern River, there may be more housing and people proposed to reside in areas that are
currently subject to flooding from I OO-year flood events. Therefore, the project's contribution of
increasing potential flooding impacts is considered cumulatively considerable.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Michael Brandman Associates
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ORIGINAL
City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
Facts in Support of Findings
The project's contribution to the cumulative significant effect has been eliminated or substantially
lessened to a level that is less than significant and less than cumulatively considerable by virtue of the
following mitigation measures as identified in the final EIR and incorporated into the Project.
5.7.F.1.
5.7.F.2
Prior to recordation of a final map, or as otherwise determined by the Building Director,
for onsite areas that are currently in 100-year flood hazard area, the project applicant is
required to obtain a Letter of Map Revision (LOMR) from the Federal Emergency
Management Agency (FEMA). The LOMR shall identify that the area of the proposed
development has been removed from the Zone A FEMA designation and submitted to the
City of Bakersfield Building Department. Based on the Flood Study prepared by
McIntosh and Associates in May 2005, the following improvements are required to
remove the majority ofthe project site from the Zone A FEMA designation.
Along the northern boundary of the site, the recently constructed levee shall be extended
along Ming Avenue to intersect the proposed West Beltway. The recommended
elevation at the intersection, based on the Revised Conditions Model, is 354.0 feet.
From the northwestern boundary ofthe project site, the levee system shall continue to be
constructed along the westerly boundary of the site along the proposed West,Beltway
alignment to 2,800 feet south of the Kern River Canal where it would blend into the
natural ground elevation of approximately 349.0 feet. This portion of the levee may be a
separate embankment or it may be incorporated into the proposed Beltway. In either
case, the project applicant shall construct the levee in accordance with the FIRM - 2
evaluation in the Flood Study prepared by McIntosh and Associates in May 2005. The
evaluation established the water surface elevation for the 100-year frequency event. The
required levee elevation to meet the requirements ofthe FEMA is three-feet above the
water surface elevation.
Due to the need for the Kern River Canal to extend through the future West Beltway
alignment, the project applicant shall raise the existing canal levee east ofthe proposed
West Beltway alignment to elevation 351.6 feet and maintain that elevation until the
levee blends into the existing embankment at elevation 351.6 feet.
Prior to recordation of a final map, or as otherwise determined by the Building Director,
for the small area of the southwestern portion of the site that is currently within a 100-
year flood hazard area, specific improvements to remove this area from the Zone A
FEMA designation are required to be submitted to FEMA for approval and then
submitted to the City of Bakersfield Building Department.
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Michael Brandman Associates
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City of Bakersfield. West Mlng Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
,
With the implementation of the above mitigation measures, the onsite flooding impact will be reduced
to less than significant as the 100-year flood waters will be held back from the new development by
the newly constructed levees in the northern and western portions of the project site. The
implementation of specific improvements to remove a small flood area in the southwest portion of the
project site would reduce the potential flooding impacts to this area ofthe site to less than significant
and less than cumulatively considerable.
3.11.8 - Potential Significant Impact
Impact 6.3.9.8.
The proposed project will result in a substantial increase in students on the project
site. Future developments in the project vicinity are also expected to substantially
increase students. The project's contribution to cumulative school impacts would
be considered cumulatively considerable.
Implementation of the proposed project and future growth in the project vicinity is expected to result
in a substantial increase in residences as well as school age children. The proposed project is
projected to increase the number of children by 5,550. This student generation would contribute to
significant cumulative school impacts and would be considered cumulatively considerable.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project's contribution to the cumulative significant effect has been eliminated or substantially
lessened to a level that is less than significant and less than cumulatively considerable by virtue of the
following mitigation measures as identified in the final EIR and incorporated into the Project.
5.9.C.1.
Prior to the issuance of building permits, the project applicant shall pay Panama-Buena
Vista Union School District and Kern High School District adopted development impact
school fees in accordance with the statutory fees that are in effect at the time of issuing
each permit.
Both the Panama-Buena Vista Union School District and Kern High School District have adopted
development impact school fees in accordance with the statutory fees to provide adequate school
facilities for students generated from project and cumulative land use development. The above
mitigation requires project applicants to pay the school fees at the time of building permits because
the impact school fees may change as cumulative development occurs. The implementation ofthe
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
above mitigation measure will reduce cumulative impacts on school facilities to less than significant
and less than cumulatively considerable.
3.11.9 - Potential Significant Impact
Impact 6.3.12.8:
The implementation of the proposed project as well as other future development in
the project vicinity will result in the construction of new water facilities which could
cause environmental effects.
As the proposed project is phased and other projects are developed, additional water facilities will be
required. The proposed project includes onsite water wells and, the project will require offsite water
facilities to be built to serve the project. Water facilities associated with other projects may also
result in environmental effects. Therefore, the project's contribution to cumulative impacts
associated with the construction of water facilities for other development would be considered
cumulatively considerable.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project's contribution to the cumulative significant effect has been eliminated or substantially
lessened to a level that is less than significant and less than cumulatively considerable by virtue of the
following mitigation measures as identified in the final EIR and incorporated into the Project.
5.12.B.1. Prior to the issuance of building permits for the onsite water facilities (i.e., water lines
and water wells), the construction and operational impacts such as noise, traffic, and air
emissions on adjacent land uses need to be adequately addressed in accordance with the
CEQA Guidelines. Construction activities are required to occur at times specified in the
Municipal Code as well as ensure that mufflers are on the construction equipment.
Operational noise levels associated with the water wells are required to be in
conformance with the City of Bakersfield Noise Performance Standards. Traffic
management plans need to be implemented to ensure adequate safety during construction
activities. Finally, construction air emissions are required to be reduced according to the
San Joaquin Valley Air Pollution Control District Guidelines and long term emissions
associated with the water well pump would require an air permit from the District.
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
Implementation of the above mitigation measure requires that the future construction of water
facilities are completed in accordance with (1) noise requirements in the City's Municipal Code and
the noise performance standards in the City's Noise Element; (2) traffic management plans to ensure
safety during construction activities; and (3) the SN APeD air emission regulations that require
permits for emissions associated with the operation of a water well pump. Compliance with the
above regulations will ensure that construction and operation of future water facilities are reduced to
less than significant and less than cumulatively considerable.
3.11.10 - Potential Significant Impact
1m pact 6.3.12.C.
The implementation of the proposed project as well as other future development in
the project vicinity will result in the construction of new wastewater facilities which
could cause significant environmental effects.
The development of the proposed project as well as other projects in the vicinity will increase the
demand on the existing sewer facilities in the vicinity ofthe project site (i.e., the existing sewer lift
station on the project site and the existing trunk sewer lines that convey wastewater from the project
vicinity to the City's Wastewater Treatment Plant No.3). This increased demand may result in the
need for expanded or new sewer facilities. The potential construction of these facilities may result in
significant environmental impacts. The proposed project's contribution to the demand for sewer
facilities as well as the potential effects associated with construction activities would be considered
cumulatively considerable.
Findings
Changes or alterations have been required in, or incorporated into, the project, which mitigate or
avoid the significant effects on the environment
Facts in Support of Findings
The project's contribution to the cumulative significant effect has been eliminated or substantially
lessened to a level that is less than significant and less than cumulatively considerable by virtue of the
following mitigation measures as identified in the final EIR and incorporated into the Project.
S.12.C.l. Prior to the recordation of final maps, the project applicant shall demonstrate to the City
of Bakersfield Public Works Department that the existing sewer trunk lines and the
existing sewer lift station on White Lane are adequate to accommodate project flows. If
the development of the individual tracts result in the exceedance of the capacities of the
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Mitigated Project Level and Cumulative Adverse Impacts
existing facilities, the existing facilities shall be expanded or new facilities shall be
constructed to adequately serve the proposed tract.
5.12.C.2. Prior to the issuance of building permits, the project applicant shall pay sewer connection
fees to the City of Bakersfield Public Works Department. The fees would be used to
provide adequate sewer facilities to convey wastewater from the project site to
Wastewater Treatment Plan No.3 as well as contribute to the cost to increase the capacity
of the treatment plant.
5.12.C.3. Prior to the issuance of building permits for the onsite and offsite sewer facilities, the
construction and operational impacts such as noise, traffic, and air emissions on adjacent
land uses need to be adequately addressed in accordance with the CEQA Guidelines.
Construction activities are required to occur at times specified in the Municipal Code as
well as ensure that mufflers are on the construction equipment. Operational noise levels
associated with any sewer lift stations are required to be in conformance with the City of
Bakersfield Noise Performance Standards. Traffic management plans need to be
implemented to ensure adequate safety during construction activities. Finally,
construction air emissions are required to be reduced according to the San Joaquin Valley
Air Pollution Control District Guidelines and long term emissions associated with the lift
station would require an air permit from the District.
Implementation of the above mitigation measure requires that the future construction of sewer
facilities are completed in accordance with (1) noise requirements in the City's Municipal Code and
the noise performance standards in the City's Noise Element; (2) traffic management plans to ensure
safety during construction activities; and (3) the SN APCD air emission regulations that require
permits for emissions associated with the operation of a sewer lift station. Compliance with the above
regulations will ensure that construction and operation of future sewer facilities are reduced to less
than significant and less than cumulatively considerable.
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
SECTION 4:
SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS
4.1 - AGRICULTURAL RESOURCES
4.1.1 - Significant and Unavoidable impact
Impact5.1.A:
The project would convert Prime Farmland as shown on the maps prepared
pursuant to the Farmland Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use.
The conversion of farmland on the project site will allow for the development of various land uses.
As defined by the California Land Conservation Act, this project would convert 2,182 acres of Prime
Farmland to non-agricultural land use. Furthermore, the project's proposed conversion of farmland
on the project site is considered a significant impact for the following reasons:
. The project site contains approximately 55 percent (1,204 acres) prime soils
classified as Prime Farmland.
. The project site contains eight (8) active agricultural water wells and almost all of the
water from these wells is used for irrigation of the crops on the site.
. The current Metropolitan Bakersfield General Plan land use designation of majority of
the project site is R-IA (Resource - Intensive Agriculture). Small portions of the
northwest comer of the project site are designated as R-MP (Resource - Mineral
Petroleum) and OS (Open Space). These designations do not allow for urban
development of the site.
Finding
Changes or alterations have been required in, or incorporated into, the project, which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
Specific economic, legal, social, technological, or other considerations, including considerations for
the provision of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Findings
The project-level significant effect has been reduced to the maximum extent feasible by virtue of the
following mitigation measure as identified in the final EIR and incorporated into the Project and will
substantially lessen the significant effect of the project on farmland conversion; however, the level of
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
impact due to the conversion of agricultural land would still be considered significant and
unavoidable.
S.IA.I.
The applicant shall mitigate loss of 2, 182 acres of agricultural lands, on a one-to-one
basis, by selecting one or more of the items described below. The applicant shall submit
written verification of the applicant's compliance with this mitigation measure to the
Planning Director's satisfaction at the time of recordation of final tract maps and parcel
maps for urban development or support facilities as contemplated in the West Ming
Specific Plan. Compliance with this condition may be phased as the project is developed.
The amount of agricultural land to be mitigated shall be equal to the amount of land being
developed as each phase is developed.
Funding and/or purchase of agricultural conservation easements. Such easements shall
be accepted or purchased and monitored and enforced by a land trust or another
appropriate entity. Funds may be used for easement purchases, ongoing monitoring and
enforcement, transaction costs, and reasonable administrative costs.
Contribution of agricultural land or equivalent funding to an organization that provides
for the preservation of fannland in California. Funds may be used for purchases, ongoing
monitoring and enforcement, transaction costs, and reasonable administrative costs.
Purchase of credits from an established agricultural farmland mitigation bank approved
by applicable governmental authority.
During the life of the project, if the City of Bakersfield or other responsible agency
adopts an agricultural land mitigation program that provides equal or more effective
mitigation than measures listed above, the applicant may choose to participate in that
alternate program to mitigate loss of agricultural land impacts. Prior to participation in
the alternate program, the applicant shall obtain written approval from the City of
Bakersfield agreeing to the participation, and the applicant shall submit written
verification of compliance with the alternate program at the same time described above in
the first paragraph.
Agricultural land used for mitigation shall be of at least equal agricultural classification
as the land being converted or be capable of being developed as such; that is, mitigation
land shall be classified or developed as Prime Fannland, Fannland of Statewide
Importance, etc., (as established by the California Department of Conservation in the
Fannland Mapping and Monitoring Program), the mitigation acreage being at least
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
equivalent in classification to the converted land, or being capable of producing the same
or equivalent crops as the land being converted.
Completion of the selected mitigation measure, or with the Planning Director's approval,
a combination of the selected mitigation measures, can be on qualifying agricultural land
within the San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno, Madera, Kings,
Tulare, Kern), or outside the San Joaquin Valley with written evidence that the same or
equivalent crops can be produced on the mitigation land.
The implementation of the above mitigation measure would reduce and substantially lessen potential
impacts from the proposed project on farmland. However, currently, there are no state or local
entities or organizations in the San Joaquin Valley that currently are involved in agricultural land
conservation easements or the management of agricultural lands as part of a mitigation bank. The
City of Bakersfield has recognized a need for a program to reduce impacts from the loss offarmland.
Due to the uncertainty of implementing the above mitigation measure, the farmland impact of the
proposed project is considered significant and unavoidable.
Alternatives to the proposed project were evaluated; however as discussed in Section 5, Feasibility of
Project Alternatives, of this document, the project alternatives were not environmentally superior to
the proposed project or did not meet the objectives of the proposed project.
The potential significant and unavoidable adverse impacts related to the loss of Prime Farmland are
considered to be acceptable in light of the Statement of Overriding Considerations provided herein as
Attachment A and hereby made and adopted by the City Council.
4.1.2 - Significant and Unavoidable Impact
Impact 5.1.8:
The project would conflict with existing zoning for agricultural use.
The conversion of farmland on the project site will allow for the development of various land uses.
As defined by the California Land Conservation Act, this project would convert 2,182 acres of Prime
Farmland to non-agricultural land use
Finding
Changes or alterations have been required in, or incorporated into, the project, which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
Specific economic, legal, social, technological, or other considerations, including considerations for
the provision of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Findings
The project-level significant effect has been reduced to the maximum extent feasible by virtue of the
following mitigation measure as identified in the final EIR and incorporated into the Project and will
substantially lessen the significant effect of the project on conflict within existing zoning for
agricultural use; however, the level of impact to the conversion of agricultural land would still be
considered significant and unavoidable.
5.IA.I.
The applicant shall mitigate loss of 2, 182 acres of agricultural lands, on a one-to-one
basis, by selecting one or more of the items described below. The applicant shall submit
written verification of the applicant's compliance with this mitigation measure to the
Planning Director's satisfaction at the time of recordation of final tract maps and parcel
maps for urban development or support facilities as contemplated in the West Ming
Specific Plan. Compliance with this condition may be phased as the project is developed.
The amount of agricultural land to be mitigated shall be equal to the amount of land being
developed as each phase is developed.
Funding and/or purchase of agricultural conservation easements. Such easements shall
be accepted or purchased and monitored and enforced by a land trust or another
appropriate entity. Funds may be used for easement purchases, ongoing monitoring and
enforcement, transaction costs, and reasonable administrative costs.
Contribution of agricultural land or equivalent funding to an organization that provides
for the preservation of farmland in California. Funds may be used for purchases, ongoing
monitoring and enforcement, transaction costs, and reasonable administrative costs.
Purchase of credits from an established agricultural farmland mitigation bank approved
by applicable governmental authority.
During the life of the project, if the City of Bakersfield or other responsible agency
adopts an agricultural land mitigation program that provides equal or more effective
mitigation than measures listed above, the applicant may choose to participate in that
alternate program to mitigate loss of agricultural land impacts. Prior to participation in
the alternate program, the applicant shall obtain written approval from the City of
Bakersfield agreeing to the participation, and the applicant shall submit written
Michael Brandman Associates
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City of Bakersfield. West Ming SpecifiC Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
verification of compliance with the alternate program at the same time described above in
the first paragraph.
Agricultural land used for mitigation shall be of at least equal agricultural classification
as the land being converted or be capable of being developed as such; that is, mitigation
land shall be classified or developed as Prime Farmland, Farmland of Statewide
Importance, etc., (as established by the California Department of Conservation in the
Farmland Mapping and Monitoring Program), the mitigation acreage being at least
equivalent in classification to the converted land, or being capable of producing the same
or equivalent crops as the land being converted.
Completion of the selected mitigation measure, or with the Planning Director's approval,
a combination ofthe selected mitigation measures, can be on qualifying agricultural land
within the San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno, Madera, Kings,
Tulare, Kern), or outside the San Joaquin Valley with written evidence that the same or
equivalent crops can be produced on the mitigation land.
The implementation of the above mitigation measure would reduce and substantially lessen potential
impacts from the proposed project on farmland. However, currently, there are no state or local
entities or organizations in the San Joaquin Valley that currently are involved in agricultural land
conservation easements or the management of agricultural lands as part of a mitigation bank. The
City of Bakersfield has recognized a need for a program to reduce impacts from the loss of farmland.
Due to the uncertainty of implementing the above mitigation measure, the farmland impact of the
proposed project is considered significant and unavoidable.
Alternatives to the proposed project were evaluated; however as discussed in Section 5, Feasibility of
Project Alternatives, of this document the project alternatives were not environmentally superior to
the proposed project or did not meet the objectives of the proposed project.
The potential significant and unavoidable adverse impacts related to the loss of Prime Farmland are
considered to be acceptable in light of the Statement of Overriding Considerations provided herein as
Attachment A and hereby made and adopted by the City Council.
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City of Sakersfield . West Ming Specific Pian
CEQA Findings and Findings of Fact
Significant and Unavoidabie Adverse impacts
4.1.3 - Significant and Unavoidable Impact
Impact 6.3.1.A
The proposed project will contribute to a significant Impact to agricultural
resources that is considered cumulatively considerable.
The conversion of fannland on the project site will allow for the development of various land uses.
As defined by the California Land Conservation Act, this project would convert 2,182 acres of Prime
Farmland to non-agricultural land use
Finding
Changes or alterations have been required in, or incorporated into, the project, which avoid or
substantially lessen the significant cumulative environmental effect as identified in the final EIR.
Specific economic, legal, social, technological, or other considerations, including considerations for
the provision of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Finding
The project-level significant effect has been reduced to the maximum extent feasible by virtue of the
following mitigation measure as identified in the final EIR and incorporated into the Project and will
substantially lessen the significant cumulative effect of the project on agricultural resources; however,
the level of impact due to the conversion of agricultural land would still be considered significant and
unavoidable.
5.IA.I.
The applicant shall mitigate loss of 2, 182 acres of agricultural lands, on a one-to-one
basis, by selecting one or more of the items described below. The applicant shall submit
written verification of the applicant's compliance with this mitigation measure to the
Planning Director's satisfaction at the time of recordation of final tract maps and parcel
maps for urban development or support facilities as contemplated in the West Ming
Specific Plan. Compliance with this condition may be phased as the project is developed.
The amount of agricultural land to be mitigated shall be equal to the amount of land being
developed as each phase is developed.
Funding and/or purchase of agricultural conservation easements. Such easements shall
be accepted or purchased and monitored and enforced by a land trust or another
appropriate entity. Funds may be used for easement purchases, ongoing monitoring and
enforcement, transaction costs, and reasonable administrative costs.
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City of Bal<ersfield . West Mlng Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
Contribution of agricultural land or equivalent funding to an organization that provides
for the preservation of farmland in California. Funds may be used for purchases, ongoing
monitoring and enforcement, transaction costs, and reasonable administrative costs.
Purchase of credits from an established agricultural farmland mitigation bank approved
by applicable governmental authority.
During the life of the project, if the City of Bakersfield or other responsible agency
adopts an agricultural land mitigation program that provides equal or more effective
mitigation than measures listed above, the applicant may choose to participate in that
alternate program to mitigate loss of agricultural land impacts. Prior to participation in
the alternate program, the applicant shall obtain written approval from the City of
Bakersfield agreeing to the participation, and the applicant shall submit written
verification of compliance with the alternate program at the same time described above in
the first paragraph.
Agricultural land used for mitigation shall be of at least equal agricultural classification
as the land being converted or be capable of being developed as such; that is, mitigation
land shall be classified or developed as Prime Farmland, Farmland of Statewide
Importance, etc., (as established by the California Department of Conservation in the
Farmland Mapping and Monitoring Program), the mitigation acreage being at least
equivalent in classification to the converted land, or being capable of producing the same
or equivalent crops as the land being converted.
Completion of the selected mitigation measure, or with the Planning Director's approval,
a combination ofthe selected mitigation measures, can be on qualifying agricultural land
within the San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno, Madera, Kings,
Tulare, Kern), or outside the San Joaquin Valley with written evidence that the same or
equivalent crops can be produced on the mitigation land
The implementation of the above mitigation measure would reduce and substantially lessen potential
impacts from the proposed project on farmland. However, currently, there are no state or local
entities or organizations in the San Joaquin Valley that currently are involved in agricultural land
conservation easements or the management of agricultural lands as part of a mitigation bank. The
City of Bakersfield has recognized a need for a program to reduce impacts from the loss of farmland.
Due to the uncertainty of implementing the above mitigation measure, the farmland impact of the
proposed project is considered significant and unavoidable.
Michael Brandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
Alternatives to the proposed project were evaluated; however as discussed in Section 5, Feasibility of
Project Alternatives, of this document the project alternatives were not environmentally superior to
the proposed project or did not meet the objectives of the proposed project.
The potential significant and unavoidable adverse impacts related to the loss of Prime Fannland are
considered to be acceptable in light of the Statement of Overriding Considerations provided herein as
Attachment A and hereby made and adopted by the City Council.
4.2 - NOISE
4.2.1 - Significant and Unavoidable Impact
Impact 6.3.8.A:
The proposed project would contribute to cumulative noise levels offsite that would
expose land uses to noise levels that exceed the established City of Bakersfield
noise thresholds.
The proposed project would contribute to cumulative increase in noise levels offsite that would
expose land uses to noise levels that exceed the established City of Bakersfield noise thresholds.
Future noise impacts to the surrounding area were derived through the use of the TNM Model. These
future noise levels were calculated for the years 2015 and 2030. For the year 2015, the proposed
project's contribution to the cumulative noise increase along five roadway segments of Buena Vista
Road between Ming Avenue and Panama Lane would be considered cumulatively considerable. For
the year 2030, the proposed project's contribution to the cumulative noise increase along two
segments of Allen Road between Westside Parkway Eastbound Ramps and Ming Avenue and six
segments along Buena Vista Road between Stockdale Highway and Panama Lane would be
considered cumulatively considerable.
Finding
Specific economic, legal, social, technological, or other considerations, including considerations for
the provision of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Finding
As described above, the proposed project would contribute to the cumulative noise increase along five
roadway segments of Buena Vista Road in the year 2015 and in the year 2030 would contribute to the
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
cumulative increase in noise along two segments of Allen Road and six segments along Buena Vista
Road. The project's contribution is considered cumulatively cQnsiderable.
With the cumulative increase in noise levels along the roadway segments discussed above, the noise
levels would be 65 dB CNEL or less which is the City's exterior noise level standard. Residential
uses developed along these roadway segments were planned so that their 6-foot high soundwall
would reduce exterior noise levels in their backyards to 65 dB CNEL or less to meet the City's
standard. The City's exterior noise standard is not exceeded, and an additional soundwall to further
reduce the exterior noise level is not considered economically, legally, socially, technologically or
otherwise feasible.
Alternatives to the proposed project were evaluated; however as discussed in Section 5, Feasibility of
Project Alternatives, of this document, the project alternatives were not environmentally superior to
the proposed project or did not meet the objectives of the proposed project.
The cumulative significant and unavoidable adverse impacts related to noise increases are considered
to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment
A and hereby made and adopted by the City Council.
4.3 - TRANSPORTATION
4.3.1 - Significant and Unavoidable Impact
Impact 5.11.A:
The proposed project will increase traffic substantially in relation to the existing
traffic load and capacity of the street system including intersections and roadways.
This increase will individually exceed the City's level of service standard for
intersections and roadways.
Implementation of the proposed project will substantially increase traffic in the project vicinity. The
average daily traffic (ADT) volumes generated from the proposed land uses were estimated using the
Institute of Transportation Engineers Trip Generation Manual, 7th edition (2003).
The project generated traffic was assigned to the existing and future roadway network based on
KernCOG's regional traffic model. The traffic analysis was conducted for the years 2015 and 2030.
Year 2015 and Year 2030 traffic volumes were detennined using data from the regional cumulative
projects traffic model prepared by KernCOG. The KernCOG model uses traffic software, which
bases traffic projections on Traffic Analysis Zone (T.A.Z.) Socio-Economic data projected for future
year scenarios. A traffic model run was requested from KernCOG for the Year 2030 with projected
background traffic, traffic attributable to the proposed project, along with traffic from all other future
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City of Bakersfield. West Ming SpecifiC Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
proposed projects that add traffic to the surrounding roadway network. Future traffic volumes are
based on socio-economic data for all the proposed projects and predicted growth for future years.
This model accounts for cumulative impacts of all proposed projects when performing impact
analysis on the existing and proposed street network. The data from this cumulative projects model
run was used to derive the traffic volumes for analysis of the "Future Year 2015 Projected Volumes
with Project" and the "Future Year 2030 Projected Volumes with Project" scenario. An additional
model run was requested from KemCOG that removed socio-economic data related to the proposed
project which was used to derive the projections for the "Future Year 2015 Projected Volumes
without Project" and the "Future Year 2030 Projected Volumes without Project." The data from this
model run was compared to the data from the cumulative model run to approximate traffic volumes
attributable to the proposed project.
The proposed project will result in an average daily traffic of 87,552, AM peak hour traffic of 7,346,
and PM peak hour traffic of 8,904 trips.
With the addition of project-related traffic, a total of 18 intersections will exceed the established
thresholds during either the AM, PM, or both AM and PM peak hours even with the improvements
that are required for the Year 2015 without project. Impacts at the intersections identified below are
considered significant and are attributed to the proposed project.
. Allen Road and WB Wests ide Parkway (PM Peak)
. Allen Road and EB Wests ide Parkway (PM Peak)
. Ming Avenue and Project Entrance No.1 (PM Peak)
. Ming Avenue and South Allen Park (AM and PM Peak)
. Ming Avenue and Ashe Road (PM Peak)
. South Allen Road and Chamber Boulevard (AM and PM Peak)
. South Allen Road and Project Entrance No.2 (AM and PM Peak)
. White Lane and Campus Park Drive(Am and PM Peak)
. White Lane and South Allen Road (AM and PM Peak)
. White Lane and Windermere Street (AM and PM Peak)
. White Lane and Buena Vista Road (AM Peak)
. South Allen Road and Campus Park Drive (AM and PM Peak)
. Buena Vista Road and Campus Park Drive (AM and PM Peak)
. Panama Lane and NB Westside Beltway (PM Peak)
. Panama Lane and South Allen Road (AM and PM Peak)
. Panama Lane and Buena Vista Road (PM Peak)
. Panama Lane and Mountain Vista Drive (AM Peak)
. Panama Lane and Ashe Road (PM Peak)
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CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
In addition, a total of 10 roadway segments will require mitigation beyond the improvements that are
required for the Year 2015 without project.
. Stockdale Highway - Gosford Road to Ashe Road
. Allen Road - Stockdale Highway to Ming Avenue
. South Allen Road - Ming Avenue to Chamber Boulevard
. South Allen Road - Chamber Boulevard to White Lane
. South Allen Road - White Lane to Campus Park Drive
. South Allen Road - Campus Park Drive to Pacheco
. South Allen Road - Harris Road to Panama Lane
. Buena Vista Road - White Lane to Campus Park Drive
. Buena Vista Road - Campus Park Drive to South Project Entrance
. Buena Vista Road - South Project Entrance to Panama Lane
Similar to the Year 2015 scenario, Year 2030 assumes that the improvements required for the Year
2030 without project are implemented prior to the addition of project related traffic.
With the addition of project-related traffic, a total of 26 intersections will exceed the established
thresholds during either the AM, PM, or both AM and PM peak hours even with the improvements
that are required for the Year 2015 without project. Impacts at the intersections identified below are
considered significant and are attributed to the proposed project.
. Allen Road and EB Westside Parkway (AM Peak)
. Calloway Drive and WB Westside Parkway (PM Peak)
. Calloway Drive and EB Westside Parkway (PM Peak)
. Stockdale Highway and Buena Vista Road (AM and PM Peak)
. Stockdale Highway and Old River (PM Peak)
. Ming Avenue and Project Entrance No.1 (AM and PM Peak)
. Ming Avenue and South Allen Road (AM and PM Peak)
. Ming A venue and Buena Vista Road (AM and PM Peak)
. Ming A venue and Gosford Road (PM Peak)
. South Allen Road and Chamber Boulevard (AM and PM Peak)
. South Allen Road and Project Entrance No.2 (Am and PM Peak)
. White Lane and Campus Park Drive (AM and PM Peak)
. White Lane and South Allen Road (AM and PM Peak)
. White Lane and Windennere Street (AM and PM Peak)
. White Lane and Buena Vista Road (AM and PM Peak)
. White Lane and Gosford Road (PM Peak)
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
. South Allen Road and Campus Park Drive (AM and PM Peak)
. Buena Vista Road and Campus Park Drive (AM and PM ,Peak)
. South Allen Road and South Allen Entrance (AM and PM Peak)
. Buena Vista Road and Harris RoadlPensinger (AM Peak)
. Old River Road and Harris Road (AM Peak)
. Buena Vista Road and South Project Entrance (AM and PM Peak)
. South Allen Road and Harris RoadlPensinger (AM Peak)
. Harris Road and Gosford Road (AM Peak)
. Panama Lane and Buena Vista Road (PM Peak)
. Panama Lane and Gosford Road (AM Peak)
In addition, a total of27 roadway segments will require mitigation beyond the improvements that are
required for the Year 2030 without project.
. Stockdale Highway - Buena Vista Road to Old River Road
. Ming Avenue - Ming A venue Project Entrance to South Allen Road
. Ming Avenue - South Allen Road to Buena Vista Road
. Ming Avenue - Old River Road to Gosford Road
. Ming Avenue. Gosford Road to Ashe Road
. Ming Avenue - Ashe Road to New Stine Road
. Ming Avenue - New Stine Road to Old Stine Road
. Ming Avenue - Old Stine Road to Real
. White Lane - West Beltway to Allen Road
. White Lane - Wible Roadto SB 99 Ramps
. Allen Road - Rosedale Highway to Brimhall Road
. Allen Road - Brimhall Road to WB Westside Parkway Ramps
. Allen Road - WB Westside Parkway Ramps to EB Westside Parkway Ramps
. Allen Road - EB Westside Parkway Ramps to Stockdale Highway
. Allen Road - Stockdale Highway to Ming Avenue
. South Allen Road - Ming Avenue to Chamber Boulevard
. South Allen Road - Chamber Boulevard to White Lane
. South Allen Road - White Lane to Campus Park Drive
. South Allen Road. Campus Park Drive to Pacheco
. Buena Vista Road - Ming Avenue to Chamber Boulevard
. Buena Vista Road - Chamber Boulevard to White Lane
. Buena Vista Road. White Lane to Campus Park Drive
. Buena Vista Road - Campus Park Drive to South Project Entrance
. Buena Vista Road - South Project Entrance to Panama Lane
. Calloway Drive - Westside Parkway EB Ramps to Stockdale Highway
Michael Brandman Associates
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Significant and Unavoidable Adverse Impacts
. Coffee Road - Rosedale Highway to Brimhall Road
. Gosford Road - Harris Road to Panama Lane
Findings
Changes or alterations have been required in, or incorporated into, the project, which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
Specific economic, legal, social, technological, or other considerations, including considerations for
the provision of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Findings
The project-level significant effect has been reduced to the maximum extent feasible by virtue of the
following mitigation measure as identified in the final EIR and incorporated into the Project and will
be substantially lessened; however, the project's traffic impact would still be considered significant
and unavoidable.
S.lI.A.I. Prior to the issuance of building permits, the project applicant shall participate in the
Regional Transportation Impact Fee (RTIF) program as well as paying the ptoportional
share for local mitigation improvements (those not covered by the RTIF). The
intersection and roadway improvements that are required with the proposed project are as
follows. The timing of these improvements are estimated below; however, all of these
improvements shall be completed as the significance thresholds are reached.
(Regional Transportation Impact Fee - Regional Mitigation) Prior to the issuance of
building permits, the project applicant shall a) participate in the current, full RTIF
program as modified by the Construction Cost Index (CCI) or b) mitigate everything to
Level of Service C through the payment oftheir calculated Regional Impact Fee and pay
a local transportation impact mitigation fee. For the calculated Regional Impact Fee, the
applicant shall submit revised funding calculations for all improvements associated with
the RTIF program pursuant to Table 10 from the project traffic study, and in accordance
with Bakersfield Municipal Code Section 15.84.040, which includes the policies ofthe
program administrator.
(Local Mitigation) For impacted intersections and segments subject to fair share
improvements (refer to Tables 6 & 8 from the project traffic study), prior to subdivision,
updated estimates shall be submitted and approved. The local mitigation fee shall be
Michael Brandman Associates
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Significant and Unavoidable Adverse Impacts
based upon the proponent's share of the cost to upgrade the affected facilities to Level of
Service C, and shall be adjusted annually by the q:::1 in the same manner as the Regional
Transportation Impact Fee. The cost of the upgrade shall be the City's costs and shall
include, but not be limited to, all costs of obtaining and clearing right-of-way, all utility
relocations, and all construction. Construction shall include but not limited to: curb,
gutter, sidewalk, pavement, signal modification, landscape and wall replacement, drive
approaches, catch basin replacement, additional stonn drain where necessary, streetlights,
striping and signing. Unit costs used in the traffic study may be outdated due to recent
rises in construction costs and shall be updated as appropriate. Applicant shall participate
in the improvements required on a pro-rata, fair share basis, prior to the issuance of
building penn its, based upon the approved estimates. It is the Public Works
Department's decision as to which methodology adequately mitigates the cumulative
traffic impacts associated with the project to a level of less than significant.
Year 2015
Intersection
. Allen Road and Westside Parkway Westbound Ramps - Construct one
southbound through lane.
. Allen Road and Wests ide Parkway Eastbound Ramps - Install signal and
construct two southbound left turn lanes.
. Ming Avenue and Project Entrance No. I - Provide all-way-stop.
. Ming Avenue and South Allen Road - Install signal.
. Ming A venue and Ashe Road - Construct one southbound right turn lane.
. South Allen Road and Chamber Boulevard - Install signal.
. South Allen Road and Project Entrance No.2 - Install signal.
. White Lane and Campus Park Drive - Install signal.
. White Lane and South Allen Road - Construct one eastbound left turn lane, one
eastbound right turn lane, one westbound left turn lane, one southbound right
turn lane, one eastbound through lane, two westbound through lanes, one
southbound through lane, and provide overlapping phase for westbound and
northbound right turn lane.
. White Lane and Windennere Street - Install signal.
. White Lane and Buena Vista Road - Construct two eastbound though lanes and
one northbound left turn lane.
Michael Brandman Associates
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. South Allen Road and Campus Park Drive - Install signal.
. Buena Vista Road and Campus Park Drive - Construct one southbound through
lane, one eastbound left turn lane, and one eastbound through lane.
. Panama Lane and Northbound Ramps West Beltway - Construct one eastbound
through lane and one northbound left turn lane.
. Panama Lane and South Allen Road - Construct one westbound right turn lane
and one southbound right turn lane.
. Panama Lane and Buena Vista Road - Construct one southbound left turn lane.
. Panama Lane and Ashe Road - Construct one northbound through lane.
Roadway Segment
. Stockdale Highway - Gosford Road to Ashe Road - Add two lanes.
. Allen Road - Stockdale Highway to Ming Avenue - Add two lanes.
. South Allen Road - Ming A venue to Chamber Boulevard - Add two lanes.
. South Allen Road - Chamber Boulevard to White Lane - Add two lanes.
. South Allen Road - White Lane to Campus Park Drive - Add two l~es.
. South Allen Road - Campus Park Drive to Pacheco - Add two lanes.
. South Allen Road - Harris Road to Panama Lane - Add two lanes.
. Buena Vista Road - White Lane to Campus Park Drive - Add two lanes.
. Buena Vista Road - Campus Park Drive to South Project Entrance - Add two
lanes.
. Buena Vista Road - South Project Entrance to Panama Lane - Add two lanes.
Year 2030
Intersection
. Calloway Drive and Wests ide Parkway Westbound Ramps - Construct one
southbound right turn lane.
. Calloway Drive and Wests ide Parkway Eastbound Ramps - Construct one
northbound right turn lane.
. Stockdale Highway and Buena Vista Road - Construct one eastbound right turn
lane.
Michael Brandman Associates
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CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
. Stockdale Highway and Old River - Provide overlapping phase for westbound
right turn lane.
. Ming Avenue and Project Entrance No.1 - Install signal and construct one
eastbound right turn lane, one westbound left turn lane, one northbound right
turn lane, and one eastbound through lane.
. Ming Avenue and South Allen Road - Construct one northbound left turn lane,
one southbound left turn lane, one eastbound through lane, one westbound
through lane, one northbound through lane, one southbound through lane, and
provide overlapping phase for northbound right turn lane and eastbound right
turn lane.
. Ming Avenue and Buena Vista Road - Construct one eastbound through lane.
. Ming A venue and Gosford Road - Provide overlapping phase for eastbound
right turn lane.
. South Allen Road and Chamber Boulevard - Construct one eastbound left turn
lane, one westbound left turn lane, two northbound left turn lanes, one
southbound left turn lane, one southbound right turn lane, one northbound
through lane, and one southbound through lane.
. South Allen Road and Project Entrance No.2 - Construct one northbound left
turn lane, one northbound through lane, and one southbound through lane.
. White Lane and Campus Park Drive - Construct one eastbound right turn lane,
one eastbound through lane, two westbound through lanes, and one southbound
through lane.
. White Lane and South Allen Road - Construct one northbound left turn lane, one
southbound left turn lane, one eastbound through lane, one southbound through
lane, one northbound through lanes, and provide overlapping phase for
southbound right turn lane.
. White Lane and Windermere Street - Construct one westbound left turn lane,
one westbound right turn lane, one northbound left turn lane, one northbound
right turn lane, one southbound right turn lane, one eastbound through lane, and
one westbound through lane.
. White Lane and Buena Vista Road - Construct one westbound left turn lane, one
northbound through lane, and one southbound through lane.
. White Lane and Gosford Road - Construct one westbound through lane.
Michael Brandman Associates
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CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
. South Allen Road and Campus Park Drive - Construct two eastbound left turn
lanes, one westbound left turn lane, one westbound right turn lane, one
northbound left turn lane, one northbound right turn lane, one southbound left
turn lane, one southbound right turn lane, and one northbound through lane.
. Buena Vista Road and Campus Park Drive - Construct one westbound right turn
lane, one northbound left turn lane, and one southbound right turn lane.
. South Allen Road and South Allen Entrance - Install signal.
. Old River Road and Harris Road - Construct one eastbound left turn lane and
one westbound left turn lane.
. Buena Vista Road and South Project Entrance - Install signal.
. South Allen Road and Harris/Pensinger Road - Construct one northbound
through lane.
. Gosford Road and Harris Road - Construct one northbound through lane.
. Panama Lane and Buena Vista Road - Construct one westbound left turn lane
and one southbound through lane.
Roadway Segment
. Stockdale Highway - Buena Vista Road to Old River Road - Add two lanes.
. Ming Avenue - Ming A venue Project Entrance to South Allen Road - Add two
lanes.
. Ming Avenue - South Allen Road to Buena Vista Road - Add two lanes.
. Ming Avenue - Old River Road to Ashe Road - Add two lanes.
. Ming Avenue - New Stine Road to Old Stine Road - Add two lanes.
. White Lane - West Beltway to Allen Road - Add two lanes.
. Allen Road - Rosedale Highway to Brimhall Road - Provide for divided
roadway.
. Allen Road - Brimhall Road to Westside Parkway Westbound Ramps - Add two
lanes.
. Allen Road - Westside Parkway Westbound Ramps to Westside Parkway
Eastbound Ramps - Add two lanes.
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
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Significant and Unavoidable Adverse Impacts
. Allen Road - Westside Parkway Eastbound Ramps to Stockdale Highway - Add
two lanes.
. Allen Road - Stockdale Highway to Ming Avenue - Provide for divided
roadway.
. South Allen Road - Ming A venue to Chamber Boulevard - Provide for divided
roadway.
. South Allen Road - Chamber Boulevard to White Lane - Add two lanes and
provide for divided roadway.
. South Allen Road - White Lane to Campus Park Drive - Add two lanes.
. South Allen Road - Campus Park Drive to Pacheco - Add two lanes.
. Buena Vista Road - Ming Avenue to Chamber Boulevard - Add two lanes.
. Buena Vista Road - Chamber Boulevard to White Lane - Add two lanes.
. Buena Vista Road - White Lane to Campus Park Drive - Add two lanes and
provide for divided roadway.
. Buena Vista Road - Campus Park Drive to South Project Entrance - Provide for
divided roadway.
. Buena Vista Road - South Project Entrance to Panama Lane - Provide for
divided roadway.
. Coffee Road - Rosedale Highway to Brimhall Road - Add two lanes.
. Gosford Road - Harris Road to Panama Lane - Add two lanes.
As shown on Table 8 in the Traffic Impact Study (see Attachment 1 of the Responses to Comments
Document for Revised Traffic Study which is in the Chapter 2 of the Recirculated Draft EIR), the
implementation of the mitigation measures shown above will improve the levels of service at all of
the intersections and roadway segments identified above to a level of less than significant, except for
the following three roadway segments.
. Ming A venue - Ashe Road to New Stine Road (LOS D). This roadway segment
operates at a LOS C in the year 2030 without the project and with the
improvements recommended for this roadway segment shown above. After
adding the project to the 2030 traffic levels, the level of service will degrade to
LOS D and no additional improvements beyond those identified above can be
implemented because any additional improvements would be beyond the current
City standards for an arterial.
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CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
. White Lane - Wible Road to SB SR 99 Ramps (LOS D). This roadway segment
operates at a LOS C in the year 2030 without the project and with the
improvements recommended for this roadway segment shown above. After
adding the project to the 2030 traffic levels, the level of service will degrade to
LOS D and no additional improvements beyond those identified above can be
implemented because any additional improvements would be beyond the current
City standards for an arterial.
. Calloway Drive - Wests ide Parkway EB Ramps to Stockdale Highway. This
roadway segment will operate at a LOS D in the year 2030 without the project
and with the improvements recommended for this roadway segment shown
above. After adding the project to the 2030 traffic levels, the level of service
will degrade to LOS E and no additional improvements beyond those identified
above can be implemented because any additional improvements would be
beyond the current City standards for an arterial.
Alternatives to the proposed project were evaluated; however as discussed in Section 5, Feasibility of
Project Alternatives, of this document, the project alternatives were not environmentally superior to
the proposed project or did not meet the objectives of the proposed project.
The project-level significant and unavoidable adverse traffic impacts are considered to be acceptable
in light of the Statement of Overriding Considerations provided herein as Attachment A and hereby
made and adopted by the City Council.
4.3.2 - Significant and Unavoidable Impact
6.3.11.A:
The proposed project will contribute to the cumulative increase in traffic and
exceeding the City's level of service standard for intersections and roadways.
To evaluate the cumulative impact of the project and future traffic growth on the transportation
network, traffic projections for Years 2015 and 2030 volumes with the proposed project were
prepared. The cumulative projections were obtained from the KernCOG's regional traffic model.
Year 2015 and Year 2030 traffic volumes were determined using data from the regional cumulative
projects traffic model prepared by KernCOG. The KernCOG model uses traffic software, which
bases traffic projections on Traffic Analysis Zone (T.A.Z.) Socio-Economic data projected for future
year scenarios. A traffic model run was requested from KernCOG for the Year 2030 with projected
background traffic, traffic attributable to the proposed project, along with traffic from all other future
proposed projects that add traffic to the surrounding roadway network. Future traffic volumes are
Michael Brandman Associates
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based on socio-economic data for all the proposed projects and predicted growth for future years.
This model accounts for cumulative impacts of all proposed pr!Jjects when performing impact
analysis on the existing and proposed street network. The data' from this cumulative projects model
run was used to derive the traffic volumes for analysis of the "Future Year 2015 Projected Volumes
with Project" and the "Future Year 2030 Projected Volumes with Project" scenario. An additional
model run was requested from KernCOG that removed socio-economic data related to the proposed
~ project which was used to derive the projections for the "Future Year 2015 Projected Volumes
'I
without Project" and the "Future Year 2030 Projected Volumes without Project." The data from this
model run was compared to the data from the cumulative model run to approximate traffic volumes
attributable to the proposed project.
The cumulative traffic data was used to evaluate the cumulative impacts on intersections and
roadways in the years 2015 and 2030.
With the implementation of cumulative development and a portion of the proposed project in the year
2015, a total of 40 intersections will exceed the City's established thresholds during either the AM,
PM, or both AM and PM peak hours. The intersections identified below would be affected with the
addition of traffic from cumulative project developments.
. Allen Road and WB Westside Parkway (PM Peak)
. Allen Road and EB Wests ide Parkway (PM Peak)
. Ming Avenue and Project Entrance No.1 (PM Peak)
. Ming Avenue and South Allen Park (AM and PM Peak)
. Ming Avenue and Ashe Road (PM Peak)
. South Allen Road and Chamber Boulevard (AM and PM Peak)
. South Allen Road and Project Entrance No.2 (AM and PM Peak)
. White Lane and Campus Park Drive(AM and PM Peak)
. White Lane and South Allen Road (AM and PM Peak)
. White Lane and Windermere Street (AM and PM Peak)
. White Lane and Buena Vista Road (AM Peak)
. South Allen Road and Campus Park Drive (AM and PM Peak)
. Buena Vista Road and Campus Park Drive (AM and PM Peak)
. Panama Lane and NB West Beltway (PM Peak)
. Panama Lane and South Allen Road (AM and PM Peak)
. Panama Lane and Buena Vista Road (PM Peak)
. Panama Lane and Mountain Vista Drive (AM Peak)
. Panama Lane and Ashe Road (PM Peak)
. Rosedale Hwy & Allen Road (PM Peak)
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. Rosedale Highway and Calloway Drive (AM and PM Peak)
. Rosedale Highway and Coffee Road (AM and PM Peak)
. Brimhall Road and Allen Road (PM Peak)
. Calloway Drive and Westside Parkway Westbound Ramps (AM and PM Peak)
. Calloway Drive and Westside Parkway Eastbound Ramps (AM and PM Peak)
. Coffee Road and Westside Parkway Westbound Ramps (AM and PM Peak)
. Coffee Road and Westside Parkway Eastbound Ramps (AM and PM Peak)
. Ming Avenue and Gosford Road (PM Peak)
. Ming Avenue and New Stine Road (PM Peak)
. Buena Vista Road and Chamber Blvd. (AM and PM Peak)
. White Lane and Buena Vista Road (AM and PM Peak)
. White Lane and Ashe Road - (PM Peak)
. White Lane and Wilson Road (PM Peak)
. White Lane and Wible Road (AM and PM Peak)
. South Allen Road and Harris RoadJPensinger (AM and PM Peak)
. Panama Lane and SB West Beltway (AM and PM Peak)
. Panama Lane and Windermere Street (PM Peak)
. Panama Lane and Gosford Road (AM and PM Peak)
. Panama Lane and Reliance Drive (AM and PM Peak)
. Panama Lane and Wible Road (AM and PM Peak)
. McCutchen Road and Buena Vista Road (PM Peak)
Roadway Segments
In the year 2015, the implementation of cumulative development and a portion of the proposed
project would result in 44 roadway segments exceeding the City's established thresholds. The
roadway segments identified below would be affected with the addition of traffic from cumulative
project developments.
. Stockdale Highway - Gosford Road to Ashe Road
. Allen Road - Stockdale Highway to Ming Avenue
. South Allen Road - Ming Avenue to Chamber Boulevard
. South Allen Road - Chamber Boulevard to White Lane
. South Allen Road - White Lane to Campus Park Drive
. South Allen Road - Campus Park Drive to Pacheco
. South Allen Road - Harris Road to Panama Lane
. Buena Vista Road - White Lane to Campus Park Drive
. Buena Vista Road - Campus Park Drive to South Project Entrance
. Buena Vista Road - South Project Entrance to Panama Lane
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CEQA Findings and Findings of Fact .
Significant and Unavoidable Adverse Impacts
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. Buena Vista Road - Panama Lane to McCutchen Road
. Calloway Drive- Brimhall Road to WB Westside Parkway
. Calloway Drive - WB Westside Parkway to EB Westsirle Parkway
. Calloway Drive - EB Westside Parkway to Stockdale Highway
. Coffee Road - Brimhall Road to WB Wests ide Parkway
. Coffee Road - WB Westside Parkway to EB Westside Parkway
. Gosford Road - Panama Lane to McCutchen Road
. Rosedale Highway - Calloway Drive to Coffee Road
. Stockdale Highway - Enos Road to Nord Avenue
. Stockdale Highway - Nord Avenue to Wegis Road
. Stockdale Highway - Wegis Road to Heath Road
. Stockdale Highway - East of New Stine Road
. Ming Avenue - West Beltway to Ming Project Entrance
. Ming A venue - Ming Project Entrance to South Allen Road
. Ming Avenue - South Allen Road to Buena Vista Road
. Ming Avenue - Ashe Road to New Stine Road
. White Lane - West Beltway to South Allen Road
. White Lane - South Allen Road to White Lane Project Entrance
. White Lane - White Lane Entrance to Buena Vista Road
. White Lane - Wible Road to SB 99 Ramps
. Panama Lane - Gosford Road to Ashe Road
. Panama Lane - Stine Road to Wible Road
. Allen Road - Rosedale Highway to Brimhall Road
. Allen Road - Brimhall Road to WB Westside Parkway Ramps
. Allen Road - WB Westside Parkway Ramps to EB Westside Parkway Ramps
. Allen Road - EB Westside Parkway Ramps to Stockdale Highway
. Allen Road - Stockdale Highway to Ming Avenue
. South Allen Road - Ming Avenue to Chamber Boulevard
. South Allen Road - Chamber Boulevard to White Lane
. South Allen Road - White Lane to Campus Park Drive
. South Allen Road - Campus Park Drive to Pacheco Road
. South Allen Road - Pacheco Road to Harris Road
. South Allen Road - Harris Road to Panama Lane
. South Allen Road - Panama Lane to McCutchen Road
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
Year 2030
Year 2030 traffic volume projections were used to analyze project generated traffic impacts at the
time of the anticipated buildout of the project. This scenario assumed that Westside Parkway and
West Beltway would be operational.
Intersections
With the implementation of cumulative development and a portion of the proposed project in the year
2030, a total of 62 intersections will exceed the City's established thresholds during either the AM,
PM, or both AM and PM peak hours. The intersections identified below would be affected with the
addition of traffic from cumulative project developments.
. Allen Road and EB Wests ide Parkway (AM Peak)
. Calloway Drive and WB Westside Parkway (PM Peak)
. Calloway Drive and EB Westside Parkway (PM Peak)
. Stockdale Highway and Buena Vista Road (AM and PM Peak)
. Stockdale Highway and Old River (PM Peak)
. Min'g Avenue and Project Entrance No. 1 (AM and PM Peak)
. Ming Avenue and South Allen Road (AM and PM Peak)
. Ming Avenue and Buena Vista Road (AM and PM Peak)
. Ming A venue and Gosford Road (PM Peak)
. Ming A venue and New Stine Road (PM Peak)
. South Allen Road and Chamber Boulevard (AM and PM Peak)
. South Allen Road and Project Entrance No.2 (Am and PM Peak)
. White Lane and Campus Park Drive (AM and PM Peak)
. White Lane and South Allen Road (AM and PM Peak)
. White Lane and Windermere Street (AM and PM Peak)
. White Lane and BuenaVista Road (AM and PM Peak)
. White Lane and Gosford Road (PM Peak)
. South Allen Road and Campus Park Drive (AM and PM Peak)
. Buena Vista Road and Campus Park Drive (AM and PM Peak)
. South Allen Road and South Allen Entrance (AM and PM Peak)
. Buena Vista Road and Harris RoadJPensinger (AM Peak)
. Old River Road and Harris Road (AM Peak)
. Buena Vista Road and South Project Entrance (AM and PM Peak)
. South Allen Road and Harris RoadJPensinger (AM Peak)
. Harris Road and Gosford Road (AM Peak)
. Panama Lane and Buena Vista Road (PM Peak)
. Panama Lane and Gosford Road (AM Peak)
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
. Hageman Road and Calloway Drive (AM and PM Peak)
. Rosedale Highway and Calloway Drive (AM and PM Pellk)
. Rosedale Highway and Coffee Road (AM and PM Peak)
. Rosedale Hwy & Allen Road (AM and PM Peak)
. Brimhall Road and Allen Road (AM and PM Peak)
. Brimhall Road and Jewetta Avenue (AM Peak)
. Brimhall Road and Coffee Road (PM Peak)
. Allen Road and Westside Parkway Westbound Ramps (AM and PM Peak)
. Truxtun Avenue and Coffee Road (AM and PM Peak)
. Stockdale Highway and Allen Road (PM Peak)
. Stockdale Highway and Gosford Road (AM and PM Peak)
. Stockdale Highway and New Stine Road (AM and PM Peak)
. Ming Avenue and Buena Vista Road (AM and PM Peak)
. Ming A venue and Ashe Road (PM Peak)
. Ming Avenue and Old Stine Road (PM Peak)
. White Lane and Buena Vista (PM Peak)
. White Lane and Old River (AM and PM Peak)
. White Lane and Ashe Road (AM and PM Peak)
. . White Lane and Wilson Road (PM Peak)
. White Lane and Stine Road (PM Peak)
. White Lane and Wible Road (AM and PM Peak)
. South Allen Road and Harris RoadJPensinger (AM and PM Peak)
. Harris Road/Pensinger and Buena Vista Road (PM Peak)
. Panama Lane and SB West Beltway (AM and PM Peak)
. Panama Lane and NB West Beltway (AM and PM Peak)
. Panama Lane and South Allen Road (AM and PM Peak)
. Panama Lane and Mountain Vista Drive (AM and PM Peak)
. Panama Lane and Reliance Drive (AM and PM Peak)
. Panama Lane and Ashe Road (AM and PM Peak)
. Panama Lane and Golden GateIMountain Ridge (AM and PM Peak)
. Panama Lane and Stine Road (AM and PM Peak)
. Panama Lane and Wible Road (AM and PM Peak)
. McCutchen Road and Buena Vista Road (AM and PM Peak)
. McCutchen Road and Gosford Road (PM Peak)
. McCutchen Road and Old River Road (AM and PM Peak)
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
Roadway Segments
In the year 2030, the implementation of cumulative development and a portion of the proposed
project would result in 45 roadway segments exceeding the City's established thresholds. The
roadway segments identified below would be affected with the addition of traffic from cumulative
project developments.
. Stockdale Highway - Buena Vista Road to Old River Road
. Ming A venue - Ming A venue Project Entrance to South Allen Road
. Ming Avenue - South Allen Road to Buena Vista Road
. Ming A venue - Gosford Road to Ashe Road
. Ming Avenue - Ashe Road to New Stine Road
. Ming Avenue - Old Stine Road to Real
. White Lane - West Beltway to South Allen Road
. Allen Road - Rosedale Highway to Brimhall Road
. Allen Road - Brimhall Road to WB Westside Parkway Ramps
. Allen Road - WB Westside Parkway Ramps to EB Westside Parkway Ramps
. Allen Road - EB Westside Parkway Ramps to Stockdale Highway
. Allen Road - Stockdale Highway to Ming Avenue
. South Allen Road - Ming Avenue to Chamber Boulevard
. South Allen Road - Chamber Boulevard to White Lane
. South Allen Road - White Lane to Campus Park Drive
. South Allen Road - Campus Park Drive to Pacheco
. Buena Vista Road - Ming Avenue to Chamber Boulevard
. Buena Vista Road - Chamber Boulevard to White Lane
. Buena Vista Road - White Lane to Campus Park Drive
. Buena Vista Road - Campus Park Drive to South Project Entrance
. Buena Vista Road - South Project Entrance to Panama Lane
. Coffee Road - Rosedale Highway to Brimhall Road
. Gosford Road - Harris Road to Panama Lane
. Gosford Road - McCutchen Road to Taft Highway
. Buena Vista Road - Stockdale Highway to Ming Avenue
. Buena Vista Road - Panama Lane to McCutchen Road
. Calloway Drive - Hageman Road to Rosedale Highway
. Calloway Drive - Rosedale Highway to Brimhall Road
. Calloway Drive - Brimhall Road to WB Westside Parkway
. Calloway Drive - WB Wests ide Parkway to EB Westside Parkway
. Calloway Drive - EB Westside Parkway to Stockdale Highway
. Old River Road - South of Taft Highway
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. Gosford Road - Panama Lane to McCutchen Road.
. Stockdale Highway - Enos Road to Nord Avenue
. White Lane - South Allen Road to WhiteLane Project Entrance
. White Lane - White Lane Entrance to Buena Vista Road
. White Lane - Gosford Road to Ashe Road
. White Lane - Stine Road to Wible Road
. White Lane - Wible Road to SB 99 Ramps
. Panama Lane -Gosford Road to Ashe Road
. Panama Lane - Ashe Road to Stine Road
. Panama Lane - Stine Road to Wible Road
. Panama Lane - Wible Road to SB 99 Ramps
. South Allen Road - Pacheco Road to Harris Road
. South Allen Road - Harris Road to Panama Lane
4.3.3 - Finding
Changes or alterations have been required in, or incorporated into, the project, which avoid or
substantially lessen the significant cumulative environmental effect as identified in the final EIR.
Specific economic, legal, social, technological, or other considerations, including considerations for
the provision of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
4.3.4 - Facts in Support of Finding
The project's contribution to the cumulative effect has been reduced to the maximum extent feasible
by virtue of the following mitigation measures as identified in the final EIR and incorporated into the
Project and will be substantially lessened; however, the level of cumulative traffic impact would still
be considered significant and unavoidable.
6.3.11.A.l Prior to the issuance of building permits, the project applicant shall participate in the
Regional Transportation Impact Fee (RTIF) program as well as paying the proportional
share for local mitigation improvements (those not covered by the RTIF). The
intersection and roadway improvements that are required with cumulative development in
the years 2015 and 2030 are as follows:
(Regional Transportation Impact Fee - Regional Mitigation) Prior to the issuance of
building permits, the project applicant shall a) participate in the current, full RTIF
Michael Brandman Associates
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CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
program as modified by the Construction Cost Index (CCI) or b) mitigate everything to
Level of Service C through the payment of their calculated Regional Impact Fee and pay
a local transportation impact mitigation fee. For the calculated Regional Impact Fee, the
applicant shall submit revised funding calculations for all improvements associated with
the RTIF program pursuant to Table 10 from the project traffic study, and in accordance
with Bakersfield Municipal Code Section 15.84.040, which includes the policies of the
program administrator.
(Local Mitigation) For impacted intersections and segments subject to fair share
improvements (refer to Tables 6 & 8 from the project traffic study), prior to subdivision,
updated estimates shall be submitted and approved. The local mitigation fee shall be
based upon the proponent's share of the cost to upgrade the affected facilities to Level of
Service C, and shall be adjusted annually by the CCI in the same manner as the Regional
Transportation Impact Fee. The cost of the upgrade shall be the City's costs and shall
include, but not be limited to, all costs of obtaining and clearing right-of-way, all utility
relocations, and all construction. Construction shall include but not limited to: curb,
gutter, sidewalk, pavement, signal modification, landscape and wall replacement, drive
approaches, catch basin replacement, additional storm drain where necessary, streetlights,
striping and signing. Unit costs used in the traffic study may be outdated due to recent
rises in construction costs and shall be updated as appropriate. Applicant s~ll participate
in the improvements required on a pro-rata, fair share basis, prior to the issuance of
building permits, based upon the approved estimates. It is the Public Works
Department's decision as to which methodology adequately mitigates the cumulative
traffic impacts associated with the project to a level of less than significant.
Year 2015
Intersections
. Rosedale Hwy & Allen Road - Construct one northbound through lane.
. Rosedale Highway and Calloway Drive - Construct one northbound left turn
lane, one northbound right turn lane, and one eastbound through lane.
. Rosedale Highway and Coffee Road - Construct one eastbound through lane and
one westbound through lane.
. Brimhall Road and Allen Road - Construct one southbound through lane
. Allen Roadway and Westside Parkway Westbound Ramps - Install signal.
. Allen Road and Westside Parkway Eastbound Ramps - Install signal.
. Calloway Drive and Westside Parkway Westbound Ramps - Install signal.
Michael Brandman Associates
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. Calloway Drive and Westside Parkway Eastbound Ramps - Install signal.
. Coffee Road and Westside Parkway Westbound Ramps - Install signal.
. Coffee Road and Wests ide Parkway Eastbound Ramps - Install signal.
. Ming Avenue and South Allen Road - Provide all-way-stop.
. Ming A venue and Gosford Road - Construct one westbound right turn lane and
one northbound right turn lane - "Providing Full expansion per COB std Det T-
4."
. Ming A venue and Ashe Road - Construct one eastbound right turn lane and one
northbound right turn lane.
. Ming Avenue and New Stine Road - Construct one southbound right turn lane.
. Buena Vista Road and Chamber Blvd. - Install signal.
. White Lane and South Allen Road - Install signal.
. White Lane and Buena Vista Road - Construct one southbound left turn lane and
one southbound through lane.
. White Lane and Ashe Road - Construct one eastbound left turn lane and one
westbound left turn lane.
. White Lane and Wilson Road - Construct one southbound right turn lane.
. White Lane and Wible Road - Construct one westbound through lane.
. Buena Vista Road and Campus Park Drive - Install signal.
. South Allen Road and Harris/Pensinger Road - Install signal.
. Panama Lane and West Beltway Southbound Ramps - Install signal and
construct one westbound left turn lane, two southbound right turn lanes, and one
eastbound through lane.
. Panama Lane and West Beltway Northbound Ramps - Install signal and
construct two eastbound left turn lanes, one westbound right turn lane, one
northbound right turn lane, and one westbound through lane.
. Panama Lane and South Allen Road - Install signal and construct two eastbound
left turn lanes, one westbound left turn lane, one northbound left turn lane, two
southbound left turn lanes, one westbound through lane, and one eastbound
through lane.
Michael Brandman Associates
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Significant and Unavoidable Adverse Impacts
. Panama Lane and Windermere Street - Construct one eastbound through lane
and one westbound through lane.
. Panama Lane and Buena Vista Road - Install signal and construct one eastbound
left turn lane, one westbound left turn lane, one westbound right turn lane, one
northbound left turn lane, one southbound left turn lane, and one eastbound
through lane.
. Panama Lane and Mountain Vista Drive - Construct one eastbound through lane
and one westbound through Jane.
. Panama Lane and Gosford Road - Construct one northbound through lane and
one southbound.left turn lane.
. Panama Lane and Reliance Drive - Install signal.
. Panama Lane and Ashe Road - Install signal and construct one southbound left
turn lane.
. Panama Lane and Wible Road - Construct one westbound through lane, one
southbound through lane, and provide overlapping phase for northbound right
turn lane.
. McCutchen Road and Buena Vista Road - Provide all-way-stop.
Roadway Segments
. Buena Vista Road - Panama Lane to McCutchen Road - Add two lanes.
. Calloway Drive - Brimhall Road to WB Westside Parkway - Add two lanes
. Calloway Drive -Westside Parkway Westbound Ramps to Westside Parkway
Eastbound Ramps - Add two lanes
. Calloway Drive - Westside Parkway Eastbound Ramps to Stockdale Highway -
Add two lanes
. Coffee Road - Brimhall Road to Westside Parkway Westbound Ramps - Add
two lanes.
. Coffee Road - Westside Parkway Westbound Ramps to Westside Parkway
Eastbound Ramps - Add two lanes.
. Gosford Road - Panama Lane to McCutchen Road - Add two lanes.
. Rosedale Highway - Calloway Drive to Coffee Road - Add two lanes.
. Stockdale Highway - Enos Road to Nord Avenue - Construct divided roadway.
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. Stockdale Highway - Nord Avenue to Wegis Road - Add two lanes.
. Stockdale Highway - Wegis Road to Heath Road - Add two lanes
. Stockdale Highway - East of New Stine Road - Add two lanes.
. Ming Avenue - West Beltway to Ming Project Entrance - Construct two lane
roadway
. Ming Avenue - Ming Project Entrance to South Allen Road - Construct two lane
roadway
. Ming Avenue - South Allen Road to Buena Vista Road - Construct two lane
roadway.
. Ming Avenue - Ashe Road to New Stine Road - Add two lanes.
. White Lane - West Beltway to South Allen Road - Construct two lane roadway.
. White Lane - South Allen Road to White Lane Project Entrance - Construct two
lane roadway.
. White Lane - White Lane Entrance to Buena Vista Road - Construct two lane
roadway.
. White Lane - Wible Road to SR 99 Southbound Ramps - Add two lanes.
. Panama Lane -Gosford Road to Ashe Road - Add two lanes, construct as
divided roadway.
. Panama Lane - Stine Road to Wible Road - Add two lanes.
. Allen Road - Rosedale Highway to Brimhall Road - Add two lanes
. Allen Road - Brimhall Road to Westside Parkway Westbound Ramps - Add two
lanes.
. Allen Road - Westside Parkway Westbound Ramps to Wests ide Parkway
Eastbound Ramps - Add two lanes.
. Allen Road - W estside Parkway Eastbound Ramps to Stockdale Highway - Add
two lanes.
. South Allen Road - Ming A venue to Chamber Boulevard - Construct two lane
roadway
. South Allen Road - Chamber Boulevard to White Lane - Construct two lane
roadway
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
. South Allen Road - White Lane to Campus Park Drive - Construct two lane
divided roadway
. South Allen Road - Campus Park Drive to Pacheco - Construct two lane divided
roadway
. South Allen Road - Pacheco Road to Harris Road - Construct four lane roadway
. South Allen Road - Harris Road to Panama Lane - Construct two lane divided
roadway
. South Allen Road - Panama Lane to McCutchen Road - Construct two lane
roadway.
Year 2030
Intersections
. Buena Vista Road and Harris/Pensinger Road - Install signal.
. Hageman Road and Calloway Drive - Construct one northbound through lane
and one southbound through lane.
. Rosedale Highway and Calloway Drive - Construct one eastbound left turn lane
and one westbound left turn lane.
I
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. Rosedale Highway and Coffee Road - Construct one eastbound right turn lane,
one westbound left turn lane, one northbound left turn lane, and provide
overlapping phase for northbound right turn lane.
. Rosedale Highway & Allen Road - Construct one southbound left turn lane.
. Brimhall Road and Allen Road - Construct one southbound left turn lane.
. Brimhall Road and Jewetta Avenue - Construct one southbound through lane.
. Brimhall Road and Calloway Drive - Construct one southbound through lane.
. Brimhall Road and Coffee Road - Construct one northbound left turn lane.
. Allen Roadway and Wests ide Parkway Westbound Ramps - Construct one
westbound left turn lane and one westbound right turn lane.
. Calloway Drive and Westside Parkway Westbound Ramps - Construct two
northbound left turn lanes, one northbound through lane, and one southbound
through lane.
Michael Srandman Associates
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City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
. Calloway Drive and EB Westside Parkway - Channelize eastbound right turn
lane; and construct one southbound left TI;lrn lane, one northbound through lane,
and one southbound through lane. '
. Coffee Road and Westside Parkway Eastbound Ramps - Construct one
eastbound right turn lane, one southbound through lane, one northbound through
lane, one northbound right turn lane, and southbound left turn lane.
.
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. Coffee Road and Westside Parkway Westbound Ramps - Construct one
northbound left turn lane, one southbound right turn lane, one westbound left
turn lane, and one southbound through lane.
. Truxtun A venue and Coffee Road - Construct one northbound through lane.
. Stockdale Highway and Allen Road - Construct one eastbound left turn lane and
provide overlapping phase for westbound right turn lane.
. Stockdale Highway and Old River Road - Construct one westbound through
lane "for Full expansion per COB Det T-4.
. Stockdale Highway and Gosford Road - Construct one westbound right turn lane
and one northbound right turn lane.
. Stockdale Highway and New Stine Road - Construct one eastbound right turn
lane, one eastbound left turn lane, one northbound right turn lane, and one
southbound through lane.
. Ming Avenue and Buena Vista Road - Construct one westbound right turn lane,
one northbound through lane, and one southbound through lane.
. Ming A venue and Gosford Road - Construct one eastbound through lane, one
westbound through lane, one northbound through lane, and one southbound
through lane.
. Ming A venue and Ashe Road - Construct one westbound right turn lane.
. Ming A venue and New Stine Road - Construct one eastbound right turn lane and
one westbound right turn lane.
. Ming Avenue and Old Stine Road - Construct one eastbound left turn lane.
. White Lane and South Allen Road - Construct one northbound through lane.
. White Lane and Buena Vista - Construct one westbound right turn lane.
. White Lane and Old River - Construct one northbound through lane and provide
overlapping phase for westbound right turn lane.
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
. White Lane and Gosford Road - Construct one westbound left turn lane, one
southbound left turn lane, one northbound left turn lane, and one northbound
through lane.
. White Lane and Ashe Road - Construct one southbound left turn lane and one
northbound left turn lane.
. White Lane and Wilson Road - Construct one eastbound left turn lane.
. White Lane and Stine Road - Construct one westbound right turn lane and one
southbound right turn lane.
. White Lane and Wible Road - Construct one eastbound right turn lane, one
northbound through lane, southbound through lane, and provide overlapping
phase for northbound right turn lane.
. South Allen Road and Harris/Pensinger Road - Construct one eastbound left turn
lane, two eastbound right turn lanes, one westbound left turn lane, one
westbound right turn lane, one northbound left turn lane, one southbound left
turn lane, one southbound right turn lane, one southbound through lane, and
provide overlapping phase for southbound right turn lane.
. Harris Road and Old River Road - Construct one northbound through lane and
one southbound through lane.
. Harris Road and Gosford Road - Construct one southbound left turn lane.
. Panama Lane and West Beltway Southbound Ramps ~ Channelize southbound
right turn lane; and construct one eastbound right turn lane, one westbound
through lane, and one eastbound through lane.
. Panama Lane and West Beltway Northbound Ramps - Construct one westbound
right turn lane, one northbound right turn lane, one eastbound left turn lane and
one westbound through lane.
. Panama Lane and South Allen Road - Construct one eastbound right turn lane,
one northbound right turn lane, one westbound through lane, and provide
overlapping phases for westbound right turn lane and southbound right lane.
. Panama Lane and Buena Vista Road - One eastbound left turn lane, one
northbound right turn lane, one southbound right turn lane, one eastbound
through lane, one southbound through lane, two northbound through lanes, two
westbound through lanes, and provide overlapping phase forwestbound right
turn lane.
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
. Panama Lane and Gosford Road - Construct one eastbound left turn lane, two
eastbound through lanes, one eastbound right turn lane, one westbound left turn
lane, two westbound through lanes, one northbound left turn lane, one
northbound through lane, one northbound right turn lane, one southbound left
turn lane, two southbound through lanes, and provide overlapping phase for
westbound right turn lane.
. Panama Lane and Mountain Vista Drive - Install signal.
. Panama Lane and Reliance Drive - Construct two eastbound through lanes, one
westbound through lane, and one westbound left turn lane.
. Panama Lane and Ashe Road - Construct one eastbound left turn lane, one
westbound left turn lane, one northbound left turn lane, two eastbound through
lanes, one westbound through lane, and one southbound through lane.
. Panama Lane and Golden GateIMountain Ridge Drive - Install signal.
. Panama Lane and Stine Road - Construct one eastbound through lane.
. Panama Lane and Wible Road - Construct one westbound left turn lane.
. McCutchen Road and Buena Vista Road - Install signal and construct one
eastbound left turn lane, one northbound left turn lane, one southbound left turn
lane, and one southbound right turn lane.
. McCutchen Road and Old River Road - Install signal.
. McCutchen Road and Gosford Road - Install signal.
Roadway Segments
. Buena Vista Road - Stockdale Highway to Ming Avenue - Add two lanes.
. Buena Vista Road - Panama Lane to McCutchen Road - Construct as divided
roadway.
. Calloway Drive - Hageman Road to Rosedale Highway - Add two lanes.
. Calloway Drive - Rosedale Highway to Brimhall Road - Add two lanes.
. Calloway Drive - Brimhall Road to Westside Parkway Westbound Ramps - Add
two lanes.
. Calloway Drive -Westside Parkway Westbound Ramps to Westside Parkway
Eastbound Ramps - Add two lanes.
Michael Brandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan.
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
. Calloway Drive - W estsideParkway Eastbound Ramps to Stockdale Highway -
Add two lanes.
. Old River Road - South of Taft Avenue - Add two lanes.
. Gosford Road - Panama Lane to McCutchen Road - Add two lanes, construct as
divided roadway.
. Gosford Road - McCutchen Road to Taft Highway - Construct as divided
roadway.
. Stockdale Highway - Enos Road to Nord Avenue - Add two lanes.
. Ming Avenue - South Allen Road to Buena Vista Road - Construct as divided
roadway.
. Ming Avenue - Old Stine Road to Real Road - Add two lanes.
. White Lane - West Beltway to South Allen Road - Construct as divided
roadway.
. White Lane - South Allen Road to White Lane Project Entrance - Add two
lanes
. White Lane - White Lane Entrance to Buena Vista Road - Add two ,lanes
roadway.
. White Lane - Gosford Road to Ashe Road - Add two lanes.
. White Lane - Stine Road to Wible Road - Add two lanes.
. White Lane - Wible Road to SR 99 Southbound Ramps - Add two lanes.
. Panama Lane - Gosford Road to Ashe Road - Add four lanes.
. Panama Lane - Ashe Road to Stine Road - Add four lanes.
. Panama Lane - Stine Road to Wible Road - Add two lanes.
. Panama Lane - Wible Road to SR 99 Southbound Ramps - Add two lanes.
. Allen Road - Brimhall Road to Westside Parkway Westbound Ramps-
Construct as divided roadway.
. Allen Road - Westside Parkway Westbound Ramps to Westside Parkway
Eastbound Ramps - Construct as divided roadway.
. Allen Road - W estside Parkway Eastbound Ramps to Stockdale Highway -
Construct as divided roadway.
Michael Brandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
. South Allen Road - White Lane to Campus Park Drive - Construct as divided
roadway.
. South Allen Road - Campus Park Drive to Pacheco Road - Construct as divided
roadway.
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. South Allen Road - Pacheco Road to Harris Road - Add two lanes, construct as
divided roadway.
. South Allen Road - Harris Road to Panama Lane - Construct as divided
roadway.
As shown on Table 8 in the Traffic Impact Study (see Attachment 1 ofthe Responses to Comments
Document for Revised Traffic Study which is in Chapter 2 of the Recirculated Draft EIR.), the
implementation of the mitigation measures shown above will improve the levels of service at all of
the intersections and roadway segments identified above for the years 2015 and 2030 to a level of less
than significant, except for the following five roadway segments for the year 2030.
. Ming Avenue - Ashe Road to New Stine Road (LOS C to LOS D). This
roadway segment currently operates at a LOS C. After adding the project to the
2030 traffic levels and with the improvements shown above, the level of service
will degrade to LOS 0 and no additional improvements beyond those identified
above can be implemented because any additional improvements would be
beyond the current City standards for an arterial.
. White Lane - Wible Road to SB SR 99 Ramps (LOS C to LOS D). This
roadway segment currently operates at a LOS C. After adding the project to the
2030 traffic levels and with the improvements shown above, the level of service
will degrade to LOS 0 and no additional improvements beyond those identified
above can be implemented because any additional improvements would be
beyond the current City standards for an arterial.
. Calloway Drive - Westside Parkway EB Ramps to Stockdale Highway (LOS A
to LOS E). Although the Wests ide Parkway has not been constructed, this
roadway segment in the area of the future Westside Parkway EB Ramps to
Stockdale Highway currently operates at a LOS A. After adding the project to
the 2030 traffic levels and with the improvements shown above, the level of
service will degrade to LOS E and no additional improvements beyond those
identified above can be implemented because any additional improvements
would be beyond the current City standards for an arterial.
Michael Srandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Significant and Unavoidable Adverse Impacts
. Coffee Road - Brimhall Road to Westside Parkway Westbound Ramps (LOS B
to LOS D). This roadway segment currently operates at a LOS B. After adding
the project to the 2030 traffic levels and with the improvements shown above,
the level of service will degrade to LOS 0 and no additional improvements
beyond those identified above can be implemented because any additional
improvements would be beyond the current City standards for an arterial.
. Coffee Road from Westside Parkway Westbound Ramps to Westside Parkway
Eastbound Ramps (LOS B to LOS E). This roadway segment currently operates
at a LOS B. After adding the project to the 2030 traffic levels and with the
improvements shown above, the level of service will degrade to LOS E and no
additional improvements beyond those identified above can be implemented
because any additional improvements would be beyond the current City
standards for an arterial.
Alternatives to the proposed project were evaluated; however as discussed in Section 5, Feasibility of
Project Alternatives, of this document, the project alternatives were not environmentally superior to
the proposed project or did not meet the objectives of the proposed project.
The cumulative significant and unavoidable adverse traffic impacts are considered to be,acceptable in
light of the Statement of Overriding Considerations provided herein as Attachment A and hereby
made and adopted by the City Council.
Michael Brandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Feasibility of Project Alternatives
SECTION 5:
FEASIBILITY OF PROJECT ALTERNATIVES
CEQA requires that an EIR include an analysis of a reasonable range of feasible alternatives to a
proposed project capable of avoiding or substantially lessening any significant adverse environmental
impact associated with the project. The discussion of alternatives is required to include the ''No
Project" alternative. CEQA requires further that the City identify an environmentally superior
alternative. Ifthe ''No Project" alternative is the environmentally superior alternative, an
environmentally superior alternative must be identified from among the other alternatives. (CEQA
Guidelines, Section 15126.6.)
As set forth in these Findings, the Project, with the Mitigation Measures incorporated, will have
remaining significant adverse environmental impacts. The City has, in addition to incorporating the
recommended measures to mitigate the identified impacts, reviewed a range of potential alternatives
to the proposed project. The West Ming EIR discussed the No Project/No DevelopmentAlternative,
Reduced Intensity Alternative, and an Alternative Site Alternative. An Environmentally Superior
Alternative has been selected from among the two alternatives evaluated in this Draft EIR. An
alternative that is environmentally superior will result in the fewest or least significant environmental
impacts and will achieve the project objectives of the planning effort. These objectives include:
1. Provide a master planned community with residential, commercial, and industrial
development of sufficient scale to permit master planning of infrastructure, parks, open space,
and public services to achieve the greatest possible efficiencies and synergies.
2. Establish a new mixed-use center as defined in the Metropolitan Bakersfield General Plan
3. Provide a development in southwest Bakersfield that is a focal point of activity and includes a
mix of land uses as identified in the Metropolitan Bakersfield General Plan.
4. Provide a full mix ofland uses to support the project's population.
5. Provide employment opportunities to assist in meet the Kern COG employment growth
projections for the City.
6. Provide residential uses to meet the housing demand specified in the Metropolitan
Bakersfield General Plan Land Use Element.
7. Provide development similar to and consistent with existing or approved development in
southwest Bakersfield to maintain and enhance property values and enhance compatibility of
neighborhood character.
Michael Brandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Feasibility of Project Alternatives
8. Provide a range of housing types on the project site.
9. Provide a master plan development so that land uses are phased in a programmed manner
coordinated with the provision of infrastructure and public improvements necessary to
accommodate such growth.
10. Locate development to meet anticipated growth in areas of relatively lesser environmental
sensitivity, accommodating growth while balancing environmental considerations.
11. Provide parks which satisfy park dedication requirements and meet recreational needs of
local residents including both active and passive recreational facilities.
12. Locate a master planned community adjacent to a major highway arterials to better promote
efficient traffic flows and minimize traffic demands on local and collective streets.
13. Cluster as much housing as possible near major traffic arterials to minimize congestion, air
quality, noise, and safety impact on collector and neighborhood streets.
14. Promote growth in areas as directed by the Metropolitan Bakersfield General Plan.
I
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The analysis of the alternative assumes that all applicable mitigation measures associated with the
project will be implemented with the appropriate alternative. However, applicable mitigation
measures may be scaled to reduce or avoid a potential impact of the alternative under consideration
and may not precisely match those identified for the West Ming Specific Plan. While specific
phasing ofthe plan alternatives has not been developed, the alternative would be similarly phased.
As with the proposed project, the phasing concept for the alternatives is to develop the property over
a twenty-year period.
The Reduced Intensity Alternative was determined to be the Environmentally Superior Alternative.
Under this alternative, impacts associated with traffic, increased noise levels, and agricultural
resources would be reduced but yet would remain significant and unavoidable. However this
alternative would not meet the project objectives and does not further the planning vision of the City
in southwest Bakersfield, which is set forth in the City's Metropolitan Bakersfield General Plan and
indicates the City's desire to promote residential and other development and expansion to the degree
as planned under the proposed project.
5.1 - NO PROJECT/NO DEVELOPMENT ALTERNATIVE
This alternative would leave the entire project site unchanged and no new development would occur
onsite. In general, the West Ming property would continue to be used for agriculture and oil drilling.
The No Project Alternative would result in fewer agriculture, air quality, transportation and traffic,
Michael Brandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Feasibility of Project Alternatives
noise, geology and soils, biological resources, cultural resources, hazards and hazardous materials,
public services, recreation, utilities and service systems, population and housing, impacts in relation
,
to the proposed project. This alternative could have the same hydrology and water quality impact
compared to the proposed project. It also does not serve to further the planning vision of the City,
which as set forth in the City's General Plan, indicates the City's desire to promote residential
development and expansion in southwest Bakersfield.
This alternative will also not provide the economic benefits to the City. Although this alternative is
environmentally superior to the project, the City finds it to be less desirable than the proposed project,
and rejects it because it fails to meet the project's objectives.
5.2 - REDUCED INTENSITY ALTERNATIVE
Under the Reduced Intensity Alternative, the proposed project site would be developed, but to a lesser
degree. In general, this Alternative would include a lesser area of residential development compared
to the proposed project. Specifically, under this Alternative, the area north of the Kern River Canal
known as Village A under the proposed Specific Plan project would not be developed for residential
use; rather, this land would remain as the Metropolitan Bakersfield General Plan currently designates
it. The land uses includes R-IA (Intensive Agriculture and Minimum 20 acre Parcel Size), as well as
R-MP (Mineral Petroleum and Minimum 5 acre Parcel) and OS (Open Space, includes Resource
Management Areas, Agriculture and Floodplains). This area of distinctive agriculture land is
approximately 448 acres (20 percent) of the 2,182-acre project site, which would leave approximately
1,734 acres (80 percent) south of the Kern River Canal to be developed.
This Alternative includes the construction of a maximum 6,650 dwelling units on the site,
approximately 800 fewer dwelling units than the proposed project. This Alternative would result in a
density of 3 .83 units per gross acre. This Alternative assumes that the 6,650 units would be
constructed on approximately t, 734 acres south of the Kern River Canal in a comparable design to
the proposed West Ming Specific Plan project (circulation and public service systems, Villages B-F
and Village Center). As with the proposed project, this Alternative includes the improvement of the
existing levee system due to the 448-acre area located within a tOO-year flood zone (Zone A).
As identified in the Draft EIR according to the list established by the Farmland Mapping and
Monitoring Program (FMMP) and included in the Soil Survey of Kern County, California,
Northwestern Part (United States Department of Agriculture - Soil Conservation Service), the entire
project site has been categorized as Prime Farmland. Prime Farmland is of economic value to the
region and provides many benefits to the community, thus it is important to save this resource.
Michael Brandman Associates
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ORIG\NAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Feasibility of Project Alternatives
Accordingly, the main purpose of this Alternative is to leave a portion of the project site.as
undeveloped prime agricultural farmland.
The proposed project and this Alternative, would result in various environmental impacts, many of
which would result in less than significant environmental impacts after implementing the
recommended mitigation measures; however, this Alternative would result in less overall
environmental impacts compared to the proposed project in relation to air quality, transportation and
traffic, noise, geology and soils, biological resources, hazards and hazardous materials, hydrology and
water quality, public services, utilities and service systems, and population and housing. This
alternative would have the same impacts as the proposed project in relation to recreational services.
Yet, while this Alternative will result in a lesser degree of impacts, the impacts associated with traffic,
increased noise . levels and agricultural resources are still expected to be significant and unavoidable.
Regardless, this Alternative would not meet the project's objectives. It.also does not serve to further
the planning vision of the City, which as set forth in the City's General Plan, indicates the City's
desire to promote residential development and expansion in southwest Bakersfield in a maimer as the
proposed project. This Alternative would contribute less units (i.e., 800 units) and thus development
in the area would fall even shorter of meeting the goal of accommodating growth in the southwest
area. Moreover, if as a result, growth pressures are transferred to other areas, these Potelltial
development areas may not meet the objectives of locating growth near major transportation arterials
and adjacent to existing or developing neighborhoods, or these areas may have more significant
environmental impacts than the proposed project, contravening the General Plan goals and policies to
promote growth which has the least possible impacts on environmental resources. Overall, this
Alternative is assumed to inflict fewer environmental impacts than the proposed project, yet it does
not satisfy the project's objectives.
5.3 - ALTERNATIVE SITE
The alternative site for the proposed West Ming Specific Plan is located south of the project site,
southwest of Taft Highway and Buena Vista Road. This location could potentially meet the
objectives of the proposed project because it is located in the vicinity of a major highway arterial (i.e.,
Taft Highway). However, as the alternative site is currently used for agriculture, implementation of
the project would not reduce the potential significant unavoidable adverse impacts associated with the
loss of agriculture. The alternative site would include the same uses as the proposed project;
therefore, the project would include the same traffic volumes and potentially the same impacts to the
levels of service along roadway segment and increases in noise levels. Given that, the Alternative
Site is located further from urban development compared to the project site, additional impacts
Michael Brandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Feasibility of Project Altemstives
associated with public services and utilities would occur. The nearest urban development is located
approximately two miles north ofthe Alternative Site.
Given that the Alternative Site and the project site are relatively flat and under agricultural
cultivation, similar impacts related to biological resources, cultural resources, geology and soils, and
hazards and hazardous materials are expected to be the same. Since the Alternative Site and the
proposed project includes the same level of development, impacts related to air quality, noise, traffic,
recreation, and population and housing are expected to be the same.
Given that the Alternative Site could result in substantially greater impacts related to public services
and utilities extending to the site, this alternative would not be considered environmentally superior to
the proposed project.
5.4 - ENVIRONMENTALLY SUPERIOR ALTERNATIVE
CEQA requires that the City identify an environmentally superior alternative. If the No Project
Alternative is the environmentally superior alternative, as in this case, the City must identify an
environmentally superior alternative among the other alternatives considered in the EIR (CEQA
Guidelines, Section 15126.6). Comparing the remaining alternatives, the Reduced Intensity
Alternative would result in fewer environmental impacts compared to the proposed project. Under
this Alternative, the potential impacts associated with traffic, increased noise levels and agricultural
resources would all be reduced; however, these impacts would remain significant and unavoidable.
Because this alternative would have fewer environmental impacts than the proposed project, this
Alternative is considered the environmentally superior alternative. However, this Alternative would
not meet the project's objectives as outlined above, and it also does not serve to further the planning
vision of the City in southwest Bakersfield, which as set forth in the City's General Plan, indicates the
City's desire to promote residential and other development and expansion to the degree as planned
under the proposed project. The Reduced Intensity Alternative would contribute less units than the
proposed project and thus development in the area would fall even shorter of meeting the goal of
accommodating growth in the southwest area. Moreover, if as a result, growth pressures are
transferred to other areas, these potential development areas may not meet the objectives of locating
growth near major transportation arterials and adjacent to existing or developing neighborhoods, or
these areas may have more significant environmental impacts than the proposed project, contravening
the General Plan goals and policies to promote growth which has the least possible impacts on
environmental resources.
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~R'G'NAL
10
Michael Brandman Associates
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City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Additional Findin~
SECTION 6:
ADDITIONAL FINDINGS
6.1 - MONITORING PROGRAM
The Bakersfield City Council has, contemporaneously with the making of these Findings, adopted a
program for reporting on and monitoring the changes required in the project and made a condition of
approval thereof to avoid or substantially lessen significant environmental effects. The Bakersfield
City Council finds these mitigation measures and conditions to be fully enforceable through permit
conditions, agreements or other measures.
6.2 - RECIRCULA liON
The Bakersfield City Council hereby finds that significant new information has not been added to the
final EIR after public notice was given of the availability of the Recirculated Draft EIR for public
review under CEQA Guidelines Section 15087 but before certification. The Bakersfield Gity Council
hereby finds that significant new information has not been added to the final EIR after public notice
was given of the availability of the Recirculated Draft EIR for public review in connection with
changes in the project or environmental setting, or additional data or other information. further, the
public has not been deprived of a meaningful opportunity to comment upon a substantial' adverse
environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a
feasible project alternative) that the project's proponents have declined to implement. In addition, no
information has shown that any of the following would occur:
(1) A new significant environmental impact would result from the project or from a new
mitigation measure proposed to be implemented;
(2) A substantial increase in the severity of an environmental impact would result unless
mitigation measures are adopted that reduce the impact to a level of insignificance;
(3) A feasible project alternative or mitigation measure considerably different from others
previously analyzed would clearly lessen the environmental impacts of the project, but the
project's proponents decline to adopt it;
(4) The Recirculated Draft EIR was so fundamentally and basically inadequate and conclusory in
nature that meaningful public review and comment were precluded.
Further, the Bakersfield City Council finds that new information added to the final EIR has merely
clarified or amplified or made insignificant modifications in an adequate final EIR.
Michael Brandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Additional Findings
,
Based upon the foregoing reasons and findings, the Bakersfield City Council has decided not to
recirculate the final EIR, such decision having been supported by substantial evidence in the
administrative record.
6.3 - LOCATION AND CUSTODIAN OF DOCUMENTS AND OTHER MATERIALS.
I The location and custodian ofthe final EIR and the documents and other material which constitute the
'.j
record of the proceedings upon which the decision of the Bakersfield City Council is based are as
follows:
City of Bakersfield
Development Services Department
Planning Division
1715 Chester Avenue
Bakersfield, CA 93301
Phone: 661.326.3733
Michael Brandman Associates
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ORIGINAL
City of Bakersfield - West Ming Specific Plan
CEQA Findings and Findings of Fact
Attachment A: Statement of Overriding Considerations
Michael Brandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Attachment A
STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of
a proposed project against its unavoidable environmental risks in determining whether to approve the
project. The City of Bakersfield proposes to approve the West Ming Specific Plan although
significant and unavoidable adverse traffic, increased noise levels, and agricultural resources impacts
have been identified in the final EIR. Specifically, the significant and unavoidable project related
impacts are associated with the conversion of Prime Farmland, change of zoning from agricultural
zoned land to zoning that would preclude agricultural land uses and the cumulatively considerable,
significant and unavoidable impacts associated with the project's contribution to a significant impact
to agricultural resources, and project related and cumulative increases in traffic that will exceed the
City's level of service standard for roadway segments, and cumulative noise levels that exceed the
City's noise thresholds. Even though these adverse impacts are not reduced to a level considered less
than significant, the Bakersfield City Council finds, after balancing these impacts with the benefits of
the project, that those impacts are outweighed by the benefits ofthe project. Further, the alternatives
which were identified in the fmal EIR would not meet either in part or in whole to the same extent as
the proposed project, the project objectives, each and all of which are deemed and considered by the
Bakersfield City Council to be benefits of the project, as summarized below:
1. Provide a master planned community with residential, commercial, and industrial
development of sufficient scale to permit master planning of infrastructure, parks, open space,
and public services to achieve the greatest possible efficiencies and synergies.
2. Establish a new mixed-use center as defined in the Metropolitan Bakersfield General Plan
3. Provide a development in southwest Bakersfield that is a focal point of activity and includes a
mix of land uses as identified in the Metropolitan Bakersfield General Plan.
4. Provide a full mix ofland uses to support the project's population.
5. Provide employment opportunities to assist in meet the Kern COG employment growth
projections for the City.
6. Provide residential uses to meet the housing demand specified in the Metropolitan
Bakersfield General Plan Land Use Element.
7. Provide development similar to and consistent with existing or approved development in
southwest Bakersfield to maintain and enhance property values and enhance compatibility of
neighborhood character.
8. Provide a range of housing types on the project site.
Michael Brandman Associates
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ORIGINAL
City of Bakersfield. West Ming Specific Plan
CEQA Findings and Findings of Fact
Attachment A
9. Provide a master plan development so that land uses are phased in a programmed manner
coordinated with the provision of infrastructure and public improvements necessary to
accommodate such growth.
10. Locate development to meet anticipated growth in areas of relatively lesser environmental
sensitivity, accommodating growth while balancing environmental considerations.
11. Provide parks which satisfy park dedication requirements and meet recreational needs of
local residents including both active and passive recreational facilities.
12. Locate a master planned community adjacent to a major highway arterials to better promote
efficient traffic flows and minimize traffic demands on local and collective streets.
13. Cluster as much housing as possible near major traffic arterials to minimize congestion, air
quality, noise, and safety impact on collector and neighborhood streets.
14. Promote growth in areas as directed by the Metropolitan Bakersfield General Plan.
Therefore, the Bakersfield City Council, having reviewed and considered the information contained
in the final EIR and the public record makes and adopts this Statement of Overriding Considerations
by which the Bakersfield City Council, after balancing the economic, legal, social, technological and
other benefits ofthe project, against the unavoidable adverse impacts of the project, stat~s the specific
reasons to support its approval of the project.
Michael Brandman Associates
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ORIGINAL
EXHIBIT "e"
WEST MING EIR
MITIGATION MONITORING AND REPORTING PROGRAM
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