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Home My WebLink AboutRES NO 163-07 1 6 3~ 0 7 RESOLUTION NO. RESOLUTION ADOPTING THE WEST MING SPECIFIC PLAN GENERALLY BOUNDED BY MING AVE. (EXTENDED) TO THE NORTH, SOUTHERN PACIFIC RAILROAD (ASPHAL TO BRANCH) ON THE SOUTH, BUENA VISTA ROAD TO THE EAST, AND THE FUTURE WEST BELTWAY TO THE WEST. (FILE NO. 03-1544) WHEREAS, Castle and Cooke California, Inc. made application for General Plan Amendment 03- 1544 to the Land Use, Circulation, and Kern River Plan Elements of the Metropolitan Bakersfield General Plan for property bounded by Ming Avenue, Southern Pacific Railroad (Asphalto Branch), Buena Vista Road and West Beltway, 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 03-1544: A request to approve the West Ming Specific Plan which would change existing Metropolitan Bakersfield General Plan and the Land Use, Kern River Plan and Circulation Elements to the West Ming Specific Plan. The West Ming Specific Plan Project (the project) is the development of a new master-planned community which includes residential, commercial, recreational, schools, and light industrial uses. The 2,182 acre 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, a 5 acre lake, trails, public transportation, office, and other uses permitted by the Specific Plan). The western boundary of the project site is generally the alignment of the future West Beltway. WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the City of Bakersfield retained the professional consulting services of Michael Brandman Associates (MBA) to prepare the Initial Study, EIR and related documents; and WHEREAS, the laws and regulations relating to the preparation and adoption of and Environmental Impact Report as set forth in CEQA; and WHEREAS, the project site lies within a path of development with approved urban development projects in progress; and WHEREAS, adjacent urban development projects as well as local government agency efforts have extended or will extend supporting utilities and infrastructure adjacent to the property; and 1 of 4 ~ 'Of>..k~'9 o ~ ;;.... - ..... m _ r- o 0 ORIGINAL WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, DECEMBER 18, 2006 and THURSDAY, DECEMBER 21, 2006 on General Plan Amendment No. 03-1544 of the proposed amendment to the Land Use, Kern River Plan and Circulation Elements of the Metropolitan Bakersfield General Plan, and adoption of a the West Ming Specific Plan, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Planning Commission held a public hearing on December 21, 2006 that 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 06-07 recommending adoption of the West Ming Specific Plan to the City Council; 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, 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 February 28, 2007, on the West Ming project, 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, the laws and regulations relating to the preparation and adoption of an Environmental Impact Report (EIR) as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, to ensure continued integrity of the Kern River floodplain, the area located in the northwest portion of the project site shown as designated 2.5 (Flood Plain) in the Kern River Plan Element shall be removed from the West Ming project and remain designated 2.5 (Flood Plain); and WHEREAS, the original proposed amendment to the Kern River Plan Element was to remove the affected area from the Kern River Plan Element was changed to have the area remain in the Kern River Plan Element with a change to the Land Use designations from 8.1 (Intensive Agriculture), 8.1/2.1 (Intensive Agriculture/Seismic Hazard Overlay), and 8.4 (Mineral and Petroleum) to 5.35 (maximum 7.25 dwelling units per net acre) and incorporate the Kern River Plan Element into the West Ming Specific Plan; and WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisl~ of Section 65353 of the Government Code, held a public hearing on MONDAY, JUNE 18, 20~ ~n~'9<p ;;.... ~ ..... m 2 of 4 <3 G ORIGINAL THURSDAY, JUNE 21, 2007 on General Plan Amendment No. 03-1544 of the proposed amendment to the Land Use, Kern River Plan and Circulation Elements of the Metropolitan Bakersfield General Plan, and adoption of a the West Ming Specific Plan, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, 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 recommendation for approval and findings made by the Planning Commission as set forth in Resolution No. 109-07, adopted on June 21, 2007: 1. All required notices have been given. 2. The provisions of CEQA have been followed. 3. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. A Recirculated Environmental Impact Report was prepared for the project in accordance with CEOA. 4. The public necessity, general welfare and good planning practices justify the adoption of the West Ming Specific Plan. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows: 1) The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. 2) That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Recirculated Final Environmental Impact Report. 3) That the Recirculated Final Environmental Impact Report for General Plan Amendment No. 03-1544 has been certified. 4) Adoption of the West Ming Specific Plan as requested by the applicant and as recommended by staff and shown in Exhibit "A," subject to mitigation monitoring and reporting program adopted and certified in the Recirculated Final Environmental Impact Report as shown in Exhibit "E" and conditions of approval for the project as shown in Exhibit "B." 5) Attached Exhibit "C" containing the "Statement of Facts, Findings, and Mitigation Measures" are appropriate and incorporated into the project. 6) Attached Exhibit "D" containing the "Statement of Overriding Considerations" related to significant unavoidable impacts to agricultural resources, noise, and transportation/traffic are appropriate and incorporated into the project. 3 Of4 ~ 'OM~'9 o ~ ;;.... - ..... m _ r- o 0 ORIGINAL 7) The area located in the northwest portion of the project site shown as designated 2.5 (Flood Plain) in the Kern River Plan Element shall be removed from the West Ming project and remain designated 2.5 (Flood Plain) 8) That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. ---------()()()-------- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUG I 5 Z007 by the following vote: - -, Cijii:J NOES: ~ ~~~ v .......--- ~....-- ~ 1------ COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER: COUNCILMEMBER: / COUNCILMEMBER: \ -< ll.-",,-~ AUG 1 5 2007 ~ [1. ffiLrl~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~~~ Exhibit: A West Ming Specific Plan B Mitigation/Conditions of Approval C Statement of Facts, Findings, and Mitigation Measures D Statement of Overriding Considerations E Mitigation Monitoring and Reporting Program Jengl S:\West Ming Specific Plan\CCIAUG 15-07\CC Adopt West Ming SP.doc July 24, 2007 4of4 ~ '0 f>..k ~-9 o ~ ;;.... - ..... rn - ,- o 0 ORIGINAL " ',~ iP ~.~" "~tI:XHIBI~A " J t 'l1t ~" ~l J. .$' )'~ 'i'J ') , ,'~." ~ 'J ., ,,1 ., \i~ · It;}' '.rp "Ill \~ l) IJ~ IX )$"1 tl. ~ "".'~ (I ~ .-'1 ,i >> ) 1 ~ .'1-1 t&ltff ) 'O~ !<i~1 .t ~ 1>, .. / ~ a.:'..l\:t t:II .. ,~'Jt, '{C~ 4 ~ '" .. -,<it '," ~~<X'" '\ .. \,'il ) I; ) . ~ ~~ ..:I, .. ';" ") " .." ';l} ~ ., '}1 ':.;' ~;' ,.fl". ' I ,p "',' J f--' , ..,,0 :' u , .,. .. 1- 'v +, . .. JJ ;, . (J .II, i" V ."J -;;-,..J J ., -1 ~ ,,,,,..,. ,,_~ ~ '~t1 ~ J ^'- ~'j ~J i ... I J .. , " 'J 1'1 -,J , , J )t' .) '~\.j IV.. ~.. ' ..) "J';. 'Y' i ~'1' "',;.!~..~cJ~ '''; 'j... ...", ~.t j " )I ,it. 1- Ij'''~. ,..,~, ...... ,. ... ),j,~...~~ ''l . ,ti. ;]'11 ,{ \f" J . ~ ". '", i.. if , ~.. 'J"il' '. if 1 '# If .'} \'A '. -if" ~f ,) i) I '4 r. ~ "Il ~ i , Q ;, " '~ ;",) j >~ ....,. it,. .. ,iJ'~ \. f 1. West Ming Specific Plan Bakersfield, California "'... ,~'t '\;:~ .~ 11 t ,,!II '~.i . ".0l i 'l)".~ I '! I ~'{' .. -')- ... '/'" \1'1 'A'," ). '.f ' J " ,'" , . )/J <) I N is }j. ,,')\ i ., ,I)" ~'t>. . tI;i "'-/ll(., ',J.!I/g,~., ., .~ ~ ,.::..,,;:-~?-.., ~ .,. ,--...;:~,...;;>,'J /,.~;1'14 ,j;t~$'~ ~~ ' .~ \,)-'.)\_, '~," ') "'j . >,) ~] ~ '1 , . .J ) :~ ., ) " .} .' "" ' ., , ..E i 'J ::.j ';/1 tl . , "'-ii .'4 .; ;,.:':; .; " -~~ 1 ! .:., ~.,. J5~ i I I I I I I I I I I I I I I I I I I I WEST MING SPECIFIC PLAN ACKNOWLEDGEMENTS Bakersfield Mayor and City Council . Honorable Harvey Hall ~ Mayor . Honorable Irma Carson ~ Councilmember, Ward 1 . Honorable Sue Benham ~ Councilmember, Ward 2 . Honorable Mike Maggard ~ Councilrnember, Ward 3 and Vice Mayor . Honorable David Couch ~ Councilmember, Ward 4 . Honorable Harold Hanson ~ Councilmember, Ward 5 . Honorable J acquie Sullivan ~ Councilmember, Ward 6 . Honorable Zack Scrivner ~ Councilmember, Ward 7 Bakersfield City Manager . Alan Tandy Planning Commission . W. Edward (Ted) Blockley . Torn McGuinnis . Russell Johnson . Barbara Lomas . John S. Spencer · J dfrey Tkac . Murray Tragish Development Services Department . Stanley Grady ~ Development Services Director . Jim Movius ~ Planning Director . Marc Gauthier ~ Advance Planning, Principal Planner . Jennie Eng - Current Planning, Principal Planner Public Works Department . Raul M. Rojas ~ Public Works Director . Jacques R. LaRochelle ~ Assistant Public Works Director April 2006 ~ '0 kc'9 o ~ .:>.. ~. m 01 G ORIGINAL I I I I I I I I I I I I I I I I I ~ ~~KI!'9 I o ~ ;;.... - I ~ ~ o 0 ORIGINAL WEST MING SPECIFIC PLAN [This page intentionally left blank] ii April 2006 TABLE OF CONTENTS TABLE OF CONTENTS I I I I Acknowledgements...................................................................................................................................................... i 1 Introduction ....... ............... ............... ........ ....... .......... ..... ............... ..... .......... ............... ........... .... ........................ 7 1.1 PURPOSE. ........ .............................................. ...... ............... .................... .......................... ............. ......... ............ ............. 7 1.2 THE VISION ............ ............... ......................................................................................................................................... 7 1.3 SITE BACKGROUND.............................................................................................. ......................................................... 7 1.4 PLANNING AUTHORITY ................................................................................................................................................ 7 1.5 CEQA REQUIREMENTS ...................................................................................................... ......................................... 7 1.6 CONSISTENCY WITH THE GENERAL PLAN ................................................................................................................8 1. 7 SPECIFIC PLAN REQUIREMENTS ........................................................................ ......................................................... 8 2 Project Description .......... ...................................... ......................................... .......................... ............... ........13 2.1 LOCATION .....................................................................................................................................................................13 2.2 SURROUNDING LAND USES. .......................................................................................................................................13 2.3 PHYSICAL CHARACTERISTICS ....................................................................................................................................13 2.4 PROJECT SUMMARy.............. ................ .......................................................................................................................17 3 Land Use ............................................................................................................................................................ 19 3.1 VILLAGES ............ .............. ............... ......... ...... ............... ......... ........................ ...... ............ ........... ........... ............... ........19 3.2 RELATIONSHIP To THE METROPOLITAN BAKERSFIELD GENERAL PLAN............................................................19 3.3 WEST MING SPECIFIC PLAN GENERAL PLAN LAND USE DESIGNATIONS .........................................................20 3.4 DENSITY AVERAGING ........................... ................ ...................................................................................................... 23 3.5 DWELLING UNIT LIMITATION ............................ ................ ......................................................................................24 3.6 LIMITATION ON COMMERCIAL AREAS ....................................................................................................................25 4 Circulation .................................................................................................................................. ...................... 27 4.1 THE CONCEPT ....................................................... ................ ............................................... ....................................... 27 4 .2 ROADWAY SYSTEM ............................................................... ............................................... ....................................... 27 4.3 TRAIL SYSTEM AND PEDESTRIAN ACCESS ...............................................................................................................29 5 Conservation ..................................................................................................................................................... 71 5.1 INTRODUCTION .................................................................................................................... ........................................ 71 5.2 BIOLOGICAL AND NATURAL RESOURCES.......................... ....................................................................................... 71 5.3 GEOLOGIC AND GEOTECHNICAL RESOURCES ........................................................................................................71 5.4 STORMW A TER MANAGEMENT ........... ................................ ............................................... ........................................ 71 5.5 AIR QUALITY.......................................... ...................................................................................................................... 72 5.6 CULTURAL RESOURCES ....................................................... ................ ............................... ................................ ....... 72 6 Noise ................................................................................................................................................................... 75 7 Safety .................................................................................................................................................................. 77 8 Public Services &:: Facilities...........................................................................................................................79 8.1 WATER SYSTEM .......................................................................................................................................................... 79 8.2 WASTEWATER DISPOSAL SYSTEM ........................................................................................................................... 79 8.3 SOLID WASTE ........................................ ................................ ................ ............................... ................................ ....... 79 8.4 SCHOOL FACILITIES .............................. ................................ ............................................... ................................ ....... 79 8.5 PROJECT UTILITY SYSTEMS ................................................................. ............................... ....................................... 80 8.6 PROJECT LIGHTING .............................................................................. ............................... ........................................81 9 Parks And Open Space................................................................................................................................... 87 9.1 PUBLIC PARKS.................................................. .......................... ............................... ....... ..................... ....................... 87 '0 f>.. cJ '9<p ;;,... '1'\ ..... m A 1 <3 G pri 2006 OAlGINAL I I I I TABLE OF CONTENTS 9.1.1 Minor Adjustments to Final Park Locations..............................................................................................................................................................88 9.2 PRIVATE PARKS AND OTHER OPEN SPACE..............................................................................................................91 10 Development Standards ............. .............. ...................... ........ .............................. ......................................... 95 10.1 COMMUNITY DESIGN .................................................................................................................................................95 10.1.1 Design Contcxt.............................................................................................................................................................................................................................95 10.1.2 Design Principles.........................................................................................................................................................................................................................96 10.2 RESIDENTIAL DEVELOPMENT STANDARDS.................................................. ............................................................ 99 10.3 COMMERCIAL DEVELOPMENT STANDARDS..........................................................................................................102 lOA SPECIAL USE DEVELOPMENT STANDARDS ............................................................................................................103 10.5 ADDITIONAL DEVELOPMENT ST ANDARDS................................................... ..........................................................105 10.5.1 Height of Buildings - Roof Structure. Chimneys and T owers..........................................................................................................................105 10.5.2 Accessory Buildings................................................................................................................................................................................................................105 1 0.5.3 Yard E ncroachments..............................................................................................................................................................................................................105 10.5.4 Drilling For and Production of Petroleum and Gas ............................................................................................................................................106 1 0.5.5 Signs..................................................................................................................................................................................................................................................107 II Development Phasing ...................................................................................................................................109 12 Specific Plan Implementation ................ ................ ............... ............... ........................................................1I3 12.1 ApPLICABILITY. ......................................... ........................ ................ ............... ......... .................... ........... ....... ............1I3 12.2 SEVERABILITY...... .............................................................................. ................... ................ ...... ...................... ...........1I3 12.3 INTERPRETATION ........ ........... ......... ............................ .......... ............ ........ ...... ........................ ....................... ............1I3 12.4 AMENDMENTS TO THE SPECIFIC PLAN...................................................................................................................1I3 12.5 SUBSTANTIAL CONFORMANCE WITH THE SPECIFIC PLAN..................................................................................114 12.6 REQUIRED ACTIONS TO IMPLEMENT THE PROJECT .............................................................................................114 12.6.1 Environmental Impact Report...........................................................................................................................................................................................114 126.2 General Plan Amendment ......................................................................................................................................................................................~.............114 12.6.3 Approval of Specific Plan......................................................................................................................................................................................................114 12.6.4 Approval of Zoning ..................................................................................................................................................................................................................115 12.6.5 Approval of Subdivision Maps ..........................................................................................................................................................................................115 12.6.6 Homeowners Association.....................................................................................................................................................................................................115 12.6.7 Architectural Review Committee ............................................................................................................................._....................................................115 12.7 LANDSCAPE MAINTENANCE .....................................................................................................................................116 12.8 DEVELOPMENT AGREEMENT ......... ...........................................................................................................................117 13 Zoning Regulations .... .................................................... ............................................................................... II9 13.1 GENERAL PURPOSE........... ......... ..... .................... ............ .......... ..... ........ ........................... ...... ........... .... ............ ........119 13.1.1 Application ...................................................................................................................................................................................................................................119 13.1.2 References......................................................................................................................................................................................................................................119 13.1.3 Resolution of I ssues.................................................................................................................................................................................................................. I I 9 13.1.4 Severabili ty ..................................................................................................................................................................................................................................120 13.2 GENERAL PROVISIONS.................... ................ ............................................................... ...........................................120 13.2.1 Zoning Map and Zoning Process......................................................................................................................................................................................120 13.2.2 Compliance with Specific plan...........................................................................................................................................................................................123 13.2.3 H icrarchy ......................................................................................................................................................................................................................................123 13.2.4 Site Plan Approval Process .................................................................................................................................................................................................124 13.2.5 Legal Nonconforming Uses .................................................................................................................................................................................................124 13.2.6 Defini tions ....................................................................................................................................................................................................................................124 13.3 ZONING DISTRICTS AND PERMITTED USES ..........................................................................................................124 14 Project Financing ...................................... ............... ........ ....... ............... ........................................................135 14.1 BACKGROUND ................................................................................................ ........................................................... 135 I I I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 o <P A ril2006;;"" ~ P t: ~ o 0 ORIGINAL 4 I I I I I I I I I I I I I I I I TABLE OF CONTENTS 14.2 PROJECT FINANCING ............................................................................ ................ .....................................................135 14.2.1 Special Assessment Districts..............................................................................................................................................................................................136 14.2.2 Community Facilities Districts........................................................................................................................................................................................136 14.2.3 Community Services Districts ..........................................................................................................................................................................................136 14.2.4 Landscaping and Lighting Districts...............................................................................................................................................................................136 14.2.5 Debt Financing ..........................................................................................................................................................................................................................137 14.2.6 Development Agreement.......................................................................................................................................................................................................137 14.2.7 Utility Districts ........................................................................................................................................................................................................................137 LIST OF EXHIBITS EXHIBIT 1-1 - ANNEXATION AREA ................. ............................................................................................... ................ ........ 11 EXHIBIT 2-1- REGIONAL CONTEXT MAP ..................................................................................................... ................ ........15 EXHIBIT 2- 2 - VICINITY MAP .......... .......................................................................................................................................15 EXHIBIT 3-1- GENERAL PLAN LAND USE DESIGNATIONS .................................................................................................21 EXHIBIT 4-1- CIRCULATION .......................................................................................................................... ........................ 31 EXHIBIT 4- 2- ARTERIAL (MING AVENUE) ........................................................................................................................33 EXHIBIT 4- 3 - ARTERIAL (ALLEN ROAD BETWEEN MING AVENUE &: WHITE LANE) ...............................................35 EXHIBIT 4-4 - ARTERIAL (ALLEN ROAD BETWEEN WHITE LANE &: PACHECO ROAD) ............................................ 37 EXHIBIT 4-5 - ARTERIAL (WHITE LANE BETWEEN ALLEN ROAD &: BUENA VISTA ROAD) ...................................... 39 EXHIBIT 4-6 - ARTERIAL (WHITE LANE BETWEEN ALLEN ROAD &: BEYOND THE WEST BELTWAY) .................... 41 EXHIBIT 4-7 - ARTERIAL (BUENA VISTA ROAD )............................................................................................................... 43 EXHIBIT 4-8 - COLLECTOR (No ON STREET PARKING)..................................................................................................45 EXHIBIT 4-9 - COLLECTOR (ON STREET PARKING) ........................................................................................................ 47 EXHIBIT 4-10 - CITY COLLECTOR ................................................ .......................................................................................49 EXHIBIT 4-11- LOCAL COLLECTOR (ON STREET PARKING)............................................................................................51 EXHIBIT 4-12 - TOWN CENTER STREET .............................................................................................................................53 EXHIBIT 4-13 - TYPICAL TRAFFIC CIRCLE/RoUNDABOUT .............................................................................................. 55 EXHIBIT 4-14 - RESIDENTIAL LANE.............................. ................................ ................................ ....................................... 57 EXHIBIT 4-15 - RESIDENTIAL LANES AT INTERSECTION.................................................................................................. 59 EXHIBIT 4-16 - RESIDENTIAL STREETS (No PARKING) ....................................................................................................61 EXHIBIT 4-17 - RESIDENTIAL STREETS (PARKING ONE SIDE) ........................................................................................ 63 EXHIBIT 4-18 - RESIDENTIAL STREETS (PARKING ONE SIDE) ........................................................................................65 EXHIBIT 4-19 - RESIDENTIAL STREETS (PARKING BOTH SIDES) ....................................................................................67 EXHIBIT 4- 20 - TRAILS PLAN ...............................................................................................................................................69 EXHIBIT 5-1- STORM DRAIN PLAN ......................................................................................................................................73 EXHIBIT 8-1- UTILITY CONCEPT PLAN - W ATER............................................................................................................ 83 EXHIBIT 8- 2 - UTILITY CONCEPT PLAN - SEWER ............................................................................................................85 EXHIBIT 9-1- PUBLIC OPEN SPACE PLAN .... .......................................................................................................................89 EXHIBIT 9- 2- PRIVATE OPEN SPACE PLAN ........................................................................................................................93 EXHIBIT 11-1 - PROJECT PHASING. .................................. ........................... .......... .... .................................... ........ ...... ......... .111 EXHIBIT 13-1- ZONING MAP...............................................................................................................................................121 April 2006 ~ '0 f>..k o ~ ;;.... - ..... rn ;; 5 C; ORIGINAL TABLE OF CONTENTS 6 [This page intentionally left blank] I I I I I I I I I I I I I I I I I ~ 'Of>..kc'9 I o ~ ;;.... - April 2006 Zs 5 UHIGINAL I I I I I I I I I I I I I I I I I I I I PROJECT DESCRIPTION 1 INTRODUCTION 1.1 PURPOSE The objectives of the West Ming Specific Plan are to create a high quality, master planned community which provides needed housing stock and commercial and industrial services for the rapidly growing population of the Bakersfield community and which provides jobs and economic opportunities in a manner consistent with the goals and policies of the Metropolitan Bakersfield General Plan. While meeting these objectives, this Specific Plan seeks to direct orderly growth in, and provide adequate levels of service to the Specific Plan area while also addressing public concerns relating to traffic and circulation, noise, public safety, air quality, and other issues arising from new development. 1.2 THE VISION The new community proposed by the West Ming Specific Plan is based on a strong emphasis of good stewardship, self~governance, attention to design detail, and faithful execution of the vision. A key aspect of the planning envisions a community with a system of open space, parks, water elements, recreation areas and community facilities. This vision is embodied in a plan for a community where emphasis is placed on open space, architectural diversity, pedestrian opportunities and distinct neighborhoods developed in a coordinated, master planned manner so that each element complements other elements of the plan. 1.3 SITE BACKGROUND The 2,182 acre project area bounded by Buena Vista Road, White Lane, Allen Road and the Union Pacific Railroad is presently within the boundaries of the City of Bakersfield. The remainder of the project requires annexation into the City. The area to be annexed is shown in Exhibit l~ 1. Upon annexation, the Specific Plan will serve as the governing planning document for the entire project area as well as providing the zoning designations and development standards. The City's General Plan map will be amended to identify this area as the West Ming Specific Plan and land use designations as set forth in this Specific Plan area will be shown. 1.4 PLANNING AUTHORITY The West Ming Specific Plan has been prepared in conformance with the State of California Government Code Section 65450 et seq., the California Environmental Quality Act (CEQA), the Metropolitan Bakersfield General Plan, and all other applicable codes and ordinances of the City of Bakersfield. 1.5 CEQA REQUIREMENTS To comply with the California Environmental Quality Act (CEQA) an Environmental Impact Report (EIR) has been prepared for the Specific Plan. ~ 'Of>.. ~'9 o ~ >- - ..... m _ r- o 0 ORIG AL 7 April 2006 PROJECT DESCRIPTION Later projects which are consistent with and implement the Specific Plan (such as subdivision maps) and which fall "within the scope" of the project analyzed in the EIR should require no further environmental action. Accordingly, pursuant to Government Code Section 65457, it is anticipated that no additional EIR or negative declaration will be required for "any residential project, including any subdivision, or any zoning change that is undertaken to implement and is consistent with a specific plan." 1.6 CONSISTENCY WITH THE GENERAL PLAN The West Ming Specific Plan serves as the planning tool for the implementation of the Metropolitan Bakersfield General Plan. The Specific Plan was developed based on guiding principles set forth in the Metropolitan Bakersfield General Plan and is in compliance with provisions of the General Plan. Upon adoption of the West Ming Specific Plan, the Metropolitan Bakersfield General Plan Land Use Map will be revised to designate the project area as the West Ming Specific Plan. Refer to Chapter 3 Land Use for a detailed discussion of the Specific Plan General Plan land use designations. 1. 7 SPECIFIC PLAN REQUIREMENTS Section 65450 et seq. of the Government Code sets forth basic requirements and provisions for Specific Plans. Section 65451 of the Government Code requires that specific plans include text and a diagram or diagrams that specify all of the following: . The distribution, location and the extent of the uses of land, including open space within the area covered by the plan. . The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. . Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. . A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the first three paragraphs. . A statement of the relationship of the specific plan to the general plan. 8 ~ 'OM~'9 o ~ .:... - ..... m A ril 20060 0 p ORISINAL I I I I I I I I I I I I I I I I I I I PROJECT DESCRIPTION I I I I I I I I I I I I I I I I I I The West Ming Specific Plan has been developed in accordance with these provisions. April 2006 ~ '0 k~"Y o ..k~-9 o (Jl A ril2006>- ~ P t: ~ o (:) ORIGINAL I I I I I I I I I I I I I I I ~ ~ ~ u ~ ~ ~ u ~ ~ r/J. ~ ~ =s ~ r/J. ~ ~ ~ <: Cl Cl w ~ 5 ~ <: 0 ~ Cl co <: 5 Z w 0 j co co i:l. o W U t- Cl i:i: <: <: u- ;:2 d W Clz<:>e; ~ o ~ ....:l -A:@ " ~II ~II ~II ii:11 ~II ::;'11 011 OVOl! V.LSJA VNilna II ,._"_11_11_"-"'_1'_1'-11_'1_1 I ~ I : - I ! I I ~I t=- d I ._------~ - - . _1331i:15 31I3W3a.\1IM - 1 ~ ~ :s ::::l :::..: ./..-.. ./ / w ;;J z w > <( t.:J Z ::'< .....:l ~ U ;:St.t:l~ ~~h Q., ~ ~ Cl II '" ~ 0 0 '" N -;:: p.. ..: ~ ~ N 11 ...... ~ ~ b U en 8 on ~ .....-l I I I I I I I , I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - ..... m - r- o 0 ORIGINAL I PROJECT DESCRIPTION 2 Project Description I I I I I I I I I I I I I I I I 2.1 LOCATION The West Ming Specific Plan is located in the southwestern portion of the City of Bakersfield and west of Buena Vista Road. It is bordered by Pacheco Road and the railroad on the south and Ming Avenue on the north. The westerly boundary generally follows the alignment of the future West Beltway. The Specific Plan area is approximately 2,182 acres and includes portions of sections 10 and 15 east of the proposed West Beltway alignment, and all of sections II, 13 &: 14, T30S, R26E, MDBM in southwest Metropolitan Bakersfield. The entire width of the proposed West Beltway along the west boundary of the Specific Plan area is included within the Specific Plan boundary. Exhibit 2~1 is a Regional Context Map showing the location of the West Ming Specific Plan and Exhibit 2~ 2 is a Vicinity Map. 2.2 SURROUNDING LAND USES The site is bordered by agricultural land to the west and newer residential development to the east. To the south, the project is bordered by agricultural land and the McAllister Ranch development project. To the north and west are portions of the City of Bakersfield water recharge area and basins, and existing agricultural water wells are to the west. These recharge areas and basins are owned and operated by the City of Bakersfield, Kern County Water Agency, and Kern County Water Bank. The primary crops grown in the area are carrots, potatoes, garlic and corn. The Kern River corridor is near the site to the north. Water recharge basins that are located to the west of the project extend to the proposed West Beltway. Portions of the northwest corner and northern boundary of the Specific Plan area lie within the secondary flood plain of the Kern River. 2.3 PHYSICAL CHARACTERISTICS The site is generally flat with a slope to the southwest and towards the Kern River. The current primary land use within the project area is agriculture. Production oil wells exist in the central and southeast portions of the project. April 2006 ~ 'Of>.. ~'9 o ~ >- - ..... m ~ 13 G ORIGINAL PROJECT DESCRIPTION 14 [This page intentionally left blank] April 2006 I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - ..... m '0 C; ORIGINAL I I I I I I I I I I I I I I I I I I I I WEST MING SPECIFIC PLAN .t' ~l, ~~)_ J _ J)' ~c~' ./~) ~, l~j '-'\ \ .................'i SAN LUS ; OBISPO : 9 Exhibit 2~ 1: Regional Context Map '''-. ","., ...1., ---\E I.~.. v 1 I I -- -11 I \ I POIIlllIll<l Ln Exhibit 2~ 2: Vicinity Map ~'Of>..k o >- ..... Q o April 2006 I I I I I I I I I I I I I I I I I ~ 'OAk~'9 I o ~ .:>.. - !::: ~ I o 0 ORIGINAL PROJECT DESCRIPTION I I I I I I I I I I I I I I I I 2.4 PROJECT SUMMARY The proposed project is a comprehensive plan for a high quality, master planned community in the southwestern portion of the City of Bakersfield and west of Buena Vista Road. The master plan 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 (as allowed within the Special Use District by this Specific Plan), four elementary schools and a junior high school, and 56 acres of public parks. The project includes a request for approval of a General Plan Amendment and adoption of a Specific Plan. In addition the project includes a request for annexation of portions of the project not currently within the existing City boundary. A Development Agreement is being processed concurrently with the Specific Plan. Land uses and approximate acreages are shown on Table 2.1: TABLE 2.1 CONCEPTUAL LAND USE SUMMARY Town Center Commercial and Mixed Use Schools Public Parks Arterial and Collector Streets, West Beltway, canal Commercial S ecial Uses Residential Uses, including Private Parks, Lakes Recreation Facilities and other 0 en s ace. Total 63 69 56 213 50 220 1511 2182 April 2006 ~'Of>..k o ~ .').. 17 - ..... ~ (.) 0 ORIGINAL PROJECT DESCRIPTION 18 [This page intentionally left blank] April 2006 I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - 5 ~I ORIGINA~ LAND USE PLAN 3 LAND USE I I I I I I I I I I I I I I 3.1 VILLAGES Villages are established as the preferable increments of growth and an effective way to organize the overall project design. The Specific Plan will be developed with six residential villages surrounding the Village Center District. The boundaries of the village areas are depicted in Exhibit 3~ 1. The Village Center District will function as the activity center of the Specific Plan containing retail commercial, offices, and higher density residential uses. Important community service and recreational amenities for the entire development are located in this area. The Town Center (TC) area will function as the core of the Village Center and will be a mixed use zone with opportunities for higher density residential uses intermixed with or above the commercial uses. live/work opportunities are provided for in this area. The six villages (A through F) surrounding the Village Center District contain varying densities of residential development. These villages support and are provided services by the Village Center. All of the villages will be interconnected by trails and will contain open space and recreational opportunities. A Special Use District located adjacent to the Union Pacific Railroad in the southeastern portion of the Specific Plan will provide for the more intense commercial and light industrial uses along with the existing oil drilling and pumping sites. No residential development is planned for this district. 3.2 RELATIONSHIP To THE METROPOLITAN BAKERSFIELD GENERAL PLAN The Metropolitan Bakersfield General Plan recognizes that land use designations used in specific plans may not match those land use designations set forth in the General Plan.l Furthermore, the Metropolitan Bakersfield General Plan states that: To determine exact land use designations within presently existing, or any subsequently adopted, specific plans, it is necessary to refer to those adopted documentl I Page Il-5 of the Metropolitan Bakersfield General Plan, states that "Adopted city and county specific plans are provided for on the Land Use Plan Map. Where this plan's land use designations do not reflect precisely the specific plan designations, they do approximate the specific plan designations. For example, this plan's "LR" designation (1-7.26 DU/net acre) approximates the Kern River Plan's 5.35 designation (4-8 DUlacre)." 2 Page 1-6, Metropolitan Bakersfield General Plan April 2006 ~ 'Of>..kc: o >- m ~ 19 G ORIGINAL I I I I I I I I I I I I I I I I I ~ ~~k~?, I o ~ April 2006 f= ~ o 0 I ORIGINAL LAND USE PLAN Therefore, upon approval of this Specific Plan, the Metropolitan Bakersfield General Plan Land Use Map was amended to designate the plan area as the West Ming Specific Plan and the exact land use designations are provided in Section 3.3 of the West Ming Specific Plan. 3.3 WEST MING SPECIFIC PLAN GENERAL PLAN LAND USE DESIGNATIONS The land use designations for the West Ming Specific Plan are depicted on Exhibit 3/1 and are described as follows: WM/LR - West Ming Low Density Residential (WM/LR/less than or equal to 7.26 dwelling units/net acre): Single/family detached and attached housing, including townhomes, typical of tract developments and may include parks, water elements, and churches. WM/LMR - West Ming Low Medium Density Residential (WM/LMR/less than or equal to 10.0 dwelling units/net acre). Single/family detached and attached housing, including townhomes, duplexes, zero lot line developments, and small multiple/family structures, such as triplexes, which require a full array of urban services and may include parks, water elements, and churches. WM/HMR - West Ming High Medium Density Residential (HMR/less than or equal to 17.42 dwelling units/net acre). Single/family detached and attached housing, including townhomes, duplexes, zero lot line developments, and small to large multiple/family structures, which require a full array of urban services and may include parks, water elements, and churches. WM/HR - West Ming High Density Residential (WM/HR/less than or equal to 72.6 dwelling units/net acre): Single/family detached and attached housing, including townhomes, duplexes, zero lot line developments, and small to large multiple/family structures. Primarily composed of large multiple/family structures, such as apartment, apartment hotels, and condominiums and may include parks, water elements, and churches. WM/GC - West Ming General Commercial (WM/GC/max. 1.0 FAR, 4 stories): Retail and service facilities providing a broad range of goods and services which serve the day/to/day needs of nearby residents. WM/OC - West Ming Office Commercial (WM/OC/max. 1.0 FAR, 4 stories): Business and professional office uses, and specialty retail. WM/MU - West Ming Mixed Use (WM/MU/max:. 3.0 FAR): Major commercial centers combining professional office, major retail and commercial support services. This designation provides for intensive development, characteristic of a commercial center within the city. It also provides the opportunity for integration of medium and 20 ~ ~ ~ u - ~ - U J:.:a ~ 00 o ~ ~ Eo-; 00 ~ . g ~ .... ~~ N I ;; C C < 'I ~ .~ 20... c.l ~~ ~ ~ C!!: 0 .€ .€ ~ 1;l { ~~ 8 ~ u ~ ~ ] ~ ;:J <", ] ~ ] 8 ~ .i ~~ ~ ~ ~ ~ ~ l ~ ~.. , ..... 18 :z~ ----~:.:::...........-. .. ::E 0 ~ 0 6 la - ::J :I: ...l ...l C'I:l C' -5j < ,ff 100 ~ 100 100 ,ff 100 100 0 =:: ffJ::> .5 ,5 ,5 .5 .5 /Xl <.> Cc U 0 ~ ~ ~ ~ ~ ~ ~ ~ 1 t::l ~j VJ ~ ~ ~ ~ ~ ~ ~ ~ 1 C' ~ :Z..; II ~ C'I:l ~~ II Cl III ~ 00 II III n II z u!@$ II ~ II "' l-1-I sJ:O I I 2: ~ :z:=: Jl~~ ~ "...~ "~'!I: ovo~ V1SIA VN3na IIUD.; I ~ ~ '- ..., 00 <::> ~ '" <::> ~ ~ ~ ~ Q, :cl ........ ~~ ~ ~ C'I:l ..... ,,' E- 8 <::> ~ ~ .. ~ ~ ~ ~ <::> ~ ~ ~ ..., ..., ... ..J Cl ~ ~ .L3:::nus ~ 25 ffil3J'i30NIh\ ~ ~ -------- ,. ~ .------- .. "<: <l:l U Cl "l to, uf.,., ~ 0;; C3 C3 C3 C3 C3 C3 C3 [.) ~ :s :s~ '"-l Cl j~ :s :s ~ ~ i:s ~ ~ ~ ;::l ;::l E::1 ~ ~ ~ s= ::.;: ::.;: ::.;: ::.;: Cl ~ OJ ~ OJ ~ ~ ~ ~ ~ co: oJ ~ ~ -..:: ~ ~ ~ ~ tI) 00 Z ~ - ~ ~ :;! Z 0. d ~OO ~~ "7~~ M~tI) ~~~ ~~~ ~d~ ~ fQ"'k~-9 <::> ~ >- - ..... m _ r- (.) 0 ORIGINAL LAND USE PLAN high density residential uses in conjunction with commercial activities in order to create an active street life, enhance personal safety by ensuring the presence of people in the streets at different times, and promote the viability of businesses. It may include parks and water elements. WM,SU - West Ming Special Use (WM,SU): This is a combining land use designation, unique to this Specific Plan. It combines the following land use designations as described in the Metropolitan Bakersfield General Plan: . Light Industrial (LI). . Mineral and Petroleum (R, MP). . Public Facilities (P). . Open Space (OS). . Open Space Parks (OS, P). . Public Transportation (PT). . Office (OC). The WM,SU designation allows for a variety of land uses as permitted by Table 13.2 in this Specific Plan. 3.4 DENSITY AVERAGING Residential densities for the West Ming land use designations are calculated by using the net acreage for each land use designation, in each village. Individual developments may exceed the maximum allowable net density as long as the maximum allowable number of units is not exceeded for the village. To ensure that development is balanced as the project is phased over time and to implement this provision, the following implementation measures shall apply: Implementation Measure L,I: At such time that tentative subdivision map approvals reach 75 percent of the total area of a village, the developer shall provide a Conceptual Lotting Plan to the City of Bakersfield Planning Department. The Conceptual Lotting Plan must depict conceptual buildout of the remaining vacant area of the village and must meet the allowable densities for the village3. The Conceptual Lotting Plan must also include a summary table which provides the number of existing and proposed units and a comparison to the dwelling unit limits for the village provided in Table 3.1. 3 The residential densities shall be calculated by the gross acreage for each land use designation in each village and meet the densities described in Section 3.3 of this Specific Plan. April 2006 ~ f>..k~'9 ~ ~ t: m o G ORIGINAL LAND USE PLAN Implementation Measure L,2: At such time that tentative subdivision map approvals reach 75 percent of the total area of a village, no subsequent subdivision applications submitted for the village shall be deemed complete until a Conceptual Lotting Plan is submitted to the Planning Department. Implementation Measure L,3: As part of the annual report submitted to the City of Bakersfield Planning Department, the developer shall provide a detailed dwelling unit count for all villages and a comparison to the dwelling unit limits for the village provided in Table 3.1. 3.5 DWELLING UNIT LIMITATION An important concept of the Specific Plan is flexibility. To allow for flexibility but to ensure that a balance of units is constructed within each village, each village, including the Village Center, has been assigned a minimum and maximum number of residential units. The lower end achieves this balance by requiring that a minimum number of units be constructed within each village. The flexibility is provided by the upper end of the range which represents the maximum number of residential units that may be developed within each village. However, the maximum number of units cannot be constructed in all villages4. The maximum number of units developed in the entire Specific Plan area may not exceed 7,450 and all residential development must be in compliance with the zoning shown on Exhibit 13,1 and described in the Specific Plan. Allowing the flexibility to increase and decrease units within the range presented in Table 3.1 provides for flexibility to meet market demands. At the same time, the range and the limit on the total number of units will preserve the village concept and residential densities planned for the villages. The dwelling unit ranges for each village are such that the maximum density allowed for the General Plan Land Use Designation for each village will not be exceeded and by providing a minimum number of units, a minimum density is required. Implementation Measure L,4 The project applicant shall be responsible for submitting a table monitoring this provision at the time each tentative subdivision map is submitted to the City of Bakersfield Planning Department. The monitoring table shall contain at a minimum, the number of dwelling units for the subdivision(s), by village, and the remaining number of dwelling units for that village. The number of dwelling units shall also be monitored on an annual basis in accordance with the provisions of Section 3.4. 4 If the maximum number of units is constructed in a village or villages, the number of units in another village or villages must be adjusted so as not exceed a total of7,450 units for the entire project. 24 April 2006 ~ 'Of>..k~1> o lP >- '1" L- ;;; <..) r- o ORIGINAL I I I I I I I I I I I I I I I I I I I LAND USE PLAN TABLE3.l ' DWELLING UNITS 1403 598 740 995 652 1995 2,323 Total Dwelling Units Not to exceed 7,450 *Note: The total acreage does not include the Special Use District (220 acres). Village A Village B Village C Village D Village E Village F Village Center Total 448 171 173 225 157 403 385 1962* 800 300 300 400 250 700 700 3.6 LIMITATION ON COMMERCIAL AREAS Commercial uses within the West Ming Specific Plan are limited to a maximum number of square feet for each of the main commercial land use classifications. The following table provides the maximum square feet for each commercial land use designation( s): TABLE 3.2 COMMERCIAL AREA WM-GC WM-OC WM-MU WM-SU 478,880 SF 331,200 SF 1,135,000 SF Implementation Measure L,5 The project applicant shall be responsible for submitting a table monitoring this provision at the time each tentative subdivision map is submitted to the City of Bakersfield Planning Department. The monitoring table shall contain at a minimum, the number of square feet for the subdivision(s), and the remaining number of square feet for that land use designation. April 2006 ~ 'Of>.. '9..k~?> April 2006 ~ ~ r- m _ r- o l::1 ORIGINAL TRAFFIC AND CIRCULATION I I I I I I I I I I I I I I I I I I 4 CIRCULATION 4.1 THE CONCEPT The circulation system complements the land use plan and implements concepts of Traditional Neighborhood Development. The circulation system consists of roadways, trails, and pedestrian access designed to facilitate attractive, pedestrian~friendly neighborhoods. Traditional Neighborhood Development concepts including narrower streets, shorter blocks, canopy street trees, roundabouts, neck downs and chokers are utilized to calm traffic and achieve this vision. Reducing street widths reduces heat gain and overall ambient temperatures in the community resulting in environmental benefits through energy conservation and reduction of air pollution. Construction and maintenance costs are also reduced, resulting in more affordable neighborhoods. The use of roundabouts also benefits the environment by reducing air pollution through improved vehicular circulation. Roundabouts also provide opportunities for unique landscaping and aesthetic treatments and improved pedestrian circulation. The trail system will provide access to the various elements of the community, including the Town Center, parks, and local schools. These design elements have been incorporated in the Circulation Plan, proposed Street Sections, Trails Plan and the Development Standards in this Specific Plan. 4.2 ROADWAYSYSTEM The backbone roadway system for West Ming includes both off-site and on~site public streets. Exhibit 4~ 1, Circulation Plan, depicts this backbone system which consists of arterials, collectors, city collectors, local collectors, town center streets, and roundabouts. Exhibits 4~ 2 through 4-13 provide design details for each of these roadwayss. In addition, the future West Beltway is located along a portion of the westerly boundary of the Specific Plan along Village A and separates Villages D and E. Right~ of~way for the West Beltway is preserved in the Specific Plan as shown on the Circulation Plan. In accordance with the City's adopted Circulation Element, Ming Avenue is not proposed to connect to the West Beltway within the boundaries of the project area. Ming Avenue will terminate at the West Beltway outside the project area with an interchange that will only provide access to and from the West Beltway. 5 If a deviation from the City's standard street sections is not included in this Specific Plan, it will be requested separately with the subdivision. If the deviation is not requested at subdivision, the City standard shall apply. April 2006 ~ 'Of>..k~-9 o >- t: 27 ~ u 0 ORIGINAL TRAFFIC AND CIRCULATION I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - ..... m <3 G ORIGINAL I White Lane is proposed to connect at an interchange with the West Beltway and extend just beyond the West Beltway, terminating prior to reaching Pacheco Road. A potential location for a future light rail station is also provided in the Circulation Plan at the southern boundary of the project adjacent to Allen Road and the Union Pacific Rail Road Line. This location has been reserved as requested by the City. Details such as size, dedication and/or reservation timelines, etc. will be provided through future collaboration with the City. Additional interior circulation is provided by residential streets. Exhibits 4,14 through 4,19 provide design details for each of the residential streets. The residential streets are designed to create pedestrian' friendly neighborhoods and to enhance safety through traffic calming. Rear access to residential uses through the use of private lanes will be utilized for certain residential products. This eliminates the dominance of garages along the residential streets. The interior roadway system (streets not included in the Circulation Plan) may be a combination of public and private streets, subject to City approval. The use of private streets is a matter directly related to the economic viability of phases of the Specific Plan to be developed in the future, and may be related to then,existing economic, cultural, environmental, or other conditions. Implementation Measure C,1 All public streets shall be constructed by the developer in conformance with the Circulation Plan and street section exhibits provided in the Specific Plan. Implementation Measure C,2 Interior streets, not included in the Circulation Plan, will be designed by the developer and approved by the City with subsequent tentative subdivision maps. Residential streets shall be constructed by the developer in conformance with the residential street sections provided in the Specific Plan. Implementation Measure C' 3 All residential lanes developed in the project shall be private. Implementation Measure C,4 Private streets and lanes will be maintained by a homeowner's association( s) or other private entity as approved by the City at subdivision. Implementation Measure C,S The use of access gates on private streets is allowed. 28 April 2006 I I I I I I I I I I I I I I I I I I I TRAFFIC AND CIRCULATION 4.3 TRAIL SYSTEM AND PEDESTRIAN ACCESS Bicycle and pedestrian access throughout the project area is an important element in the design concept for the Specific Plan. The trails provide for alternative transportation and recreational opportunities. Exhibit 4~ 20 depicts the multi~ purpose trail system for the project area. Most of the trails are located within the right of way of major streets and are incorporated in the street section exhibits (see Exhibits 4~2 to 4~13). However, a key trail segment will be provided through a major open space element that traverses the project site. All project trails shown on the Trails Plan will be ten feet wide and constructed of concrete or asphalt. Two trail under~crossings will be constructed at White Lane and Allen Road as shown on Exhibit 4~ 20. A connection to the City of Bakersfield Kern River Bicycle Trail will be provided. Additional neighborhood trails providing bicycle and pedestrian connection to parks, schools, water elements and commercial areas will be provided and are an important element of the more "walkable" community concept. The design and location of these trails will be finalized during the subdivision process. Implementation Measure C~6 The developer shall construct all trails. Trails located within rights~of~way will be constructed at the time associated street improvements are made. Implementation Measure C~ 7 Street improvements plans shall be reviewed by the City to ensure that trails are designed to provide connectivity with existing and future trail segments. Implementation Measure C~8 The major trail segment through the open space element will be constructed in conjunction with improvements to the surrounding area. Implementation Measure C~9 The connection to the City of Bakersfield Kern River Bicycle Trail will be constructed by the developer in conjunction with improvements to the surrounding area. The trail connection will be constructed to a width of approximately twelve feet and in accordance with standards as approved by the City of Bakersfield. Implementation Measure C~ 10 On~street trails will be maintained by the City or private entity as determined by the classification of the street as private or public. Trails located within open space or parks will be maintained by the same maintenance entity that is responsible for maintenance of that park or open space area and will be determined at subdivision approval. April 2006 ~ 'Ot>.k 1> o 29 ~ >- - ..... m _ r- o 0 ORIGINAL I I I I I I I I I I I I I I I I I ~ 'OAI(~'9 I ~(j ~ April 2006 t= m o G I ORIGINAL TRAFFIC AND CIRCULATION [This page intentionally left blank] 30 I I I I I I I I I I I I I I I I I I j ~ u ~ ~ u ~ ~ rn o ~ ~ ~ rn ~ r:: . i "i .. .... on 0 6 = . ~ i ... .'!l CQ a 0- CIl b ... ....~ 0 a u 1 ~ S ()... ... .... ~ 8 0 ro .~ ()- J:!~ '55 ji c: N ...'" 00 'OJ'' a CIl N -- () II -. 0... 'Q-J. u-:': u1. ..c .~ l.l: ex: :... <ll .. ti .~ u.~ _!l !l .-.. '7': ~ .----~--.--------.-.-7 'C.~ C'3:S ~;s !3;e ~ CIl 'y ! ,~' a ~:9 :s~ ~~ g~ :a ~~ B ll:: 8- <~ '-.ll ~g .s 0 u!!!. u_ ...l!!!. CIl en . ~. 8 N '2 M Co -< ~ b i3 I/"l ~ ~ ~ UJII ~II ~II 0:: ;:::11 ~II ~II UII II avOllVlSlAVN3nll -II "'11_11_11,.. ,.,...._...._...._...~ ! " . . i ,- -" · I : I ~i- : I ~ j ~ I ~ z ~-i / I~ ~ 9 ~ l i~ S2 ~ -. ';:! ...l~ . - = = = = = = :1---------.0----------.. :~ ~...l ,..," .i3311.LS3113f~3lINIIv\ i- : I ~ ~ ~ ~II I i ~ ~ 5 SII - l I!S 0 ~ ~:: i " yc..CIl ~II i- : I ell I I I I - I L L avOlI NrrIV HI.l10S .L I - ...- ..... '1." ...... II." .....1....& .._.. _.. _. '_I'_"~" _...... II I: I I . I '_ I: _ I . I- I. - . . il I:' · . 21: J,:,.-----Q ..:........;., : : ~,I ,#'" .,. · : ... : l lJ'- #. ... #- 251-1 · ... ... :::1,.' ~, 0----.... I- I' '..... .- . ~, I II I, '..... . .. ~ ~ # 1:1: ~. ~~~ "~: I I '~. ~~ , " i: I 01 ~~ " " 'I I <$' ~ #'~ I I -~\ ~~ roo( ~--Q~~ .~ ~~~~~ ...##-~ . "'" .. ~~ ~o......... e ~~ ...... . 0 ..... I --.... ....- i .- i i e .. .- l- t- 0- . . . . . . . . . . II II II II I I I I I . I I I I I I I I I - - I . ~ o o I I I I I ~ I ~ I :c I ~ .'- - - - - _.- - - - ~ ~ ~ Z .......0 I~ ~~ ~~ ~k~ J!~ >-v~ t: ~ C,J; 00MalNAL , .". ,. ,-," , ,. ,..,., , , .,~,,'l ..,'\..... ''O~\- .' tc;'\ ,,"'l'l ,. .~;~- , I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 I o ~ .:>- - ..... m <3 G I ORIGINAL WEST MING SPECIFIC PLAN WILL INCORPORATE A 10' MULTI- PURPOSE TRAIL STRIPED AT 6' WHEN ARTERIAL IS INITIALLY CONSTRUCTED AND STRIPED WITH LESS THAN 6 MOTOR VEHICLE LANES .-/"-- ~ ~V\. J \ { .. :~; "-l: - .; ~". ..'~i:~~ .... .!J., ..... ~-,.y iiii,"i"-1':"'" ~ <t ~ 12' 7" 7' 12' DRI\.'EAisii/ ....... /-{"DRIVEAISlE{" 14' , 1.ANDscAPEMEDiAJ4' . llO'RO.W BIKE LANE NORTH SIDE I I I I I I I I 1--.5"'~ , ,.jl- '&.;..'~ :~.. ~.11: !~~ t~:, ,..uLl ""';J..;;,. . I di,. @!p:-1_~~' .' :~J; ~i ~; MIN.- " : 6' WALL i I I . I . 10'-25' I 7" 6': 12' 11'. / LANDSCAI'E{LANDSC.45E / . DRIVE AISLE / . DRlvEAlslE' I 48' >I' BIKE LANE ~ <%lc::::J= , I I 11' . 12' : 6'. 7' DRIVE AISLE /DRIVE AISLEI' ... /LANDsC.45E 48' I ;( R ~ EXISTING CONDITION NORTH OF R.O,W, / / SIX LANE DIVIDED [) J " r ( ) -:--~ ,r'" '" " I I \ \ I ,-f' j L, \ \ I I~, I I I I L I EXHIBIT 4-2 ARTERIAL ~ 'Of>..ks: 0 (Ming Avenue) >- m ~ r- I 0 April ~I II- I I I I I I I , I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - ..... m <3 01 ORIGINAL WEST MING SPECIFIC PLAN WILL INCORPORATE A 10' MULTI- PURPOSE TRAIL . f~'"'---I MINIMUM 6' WALL r .'v~ ~~~ A~/~~JARTERlAL /, t IS INITIALLYl'ONSTRUCTED > :'. ~ l\ AND STRIPED WITH LESS THAN ) , ... ^r 6 MOTOR VEHICLE LANES L -. . .. . t~ mL- ,.: ~'. .;::~:' '~r J c...~~ J':..:t>:';t.... \,J..?' "'----~ '"'"'" . , I I 10'.25' I 7' . 6' 12' II' /LANDSCAPEfuosc..JE / DRIVE AISLE / DRIVE AISLE 48' / I //---- f I, I \ I I I I I I I I I I. 12': . 12' / ....... ........... ..... / /...... ;I DRIVE AISLE . . DRIVE AISLE : 14' 'lANDSCAPE MEDIAJ{ 110' R.O.W SIX LANE DIVIDED / L\ \ ) c! i t \~J EAST SIDE MINIMUM 6' WALL BIKE LANE II' . 12' 6' ...../ ........... .. ...../ DRlVEAISLE . DRIVE AISLE 48' I I 6' I /'1t. ..... ....../ SIDEWAL,\ EXISTING CONDITION . EAST OF R.O. W. I' / EXHIBIT 4-3 ARTERIAL (Allen Road between Ming Avenue & White Lane) ~ '0 f>..k ~ o >- t: o April3ftl I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - ..... m <3 G I ORIGINAL , I I 10'.25' 7': 6' / . . .. . L . ..../_ / LANDSCAPE '\..ANDSCAPE ; / I I I I I I I I I I ~-~ r' . " I \ I I WEST MING SPECIFIC PLAN WILL INCORPORATE A 10' MULTI- PURPOSE TRAIL CONTINUING FROM WHITE LANE AND ENDING AT LAST COLLECTOR BEFORE ~ PACHECORD, ' /~ '---I MINIMUM 6' WALL ]r'.-r'l i> BIKE LANE \ STRIPEDAT6'WHENARTERIAL f .,~, IS INITIALLY CONSTRUCTED) :'. ~ i\ AND STRIPED WITH LESS THAN ) .' ,..._, 6 MOTOR VEHICLE LANES '-L . .~. . ~ . t- o .;9t\-<:', -.:::~'';j~ ) ~...,.. "'~ ". ", -.r' \ ...'~_ \.' ....It.,eo...',,;J .~ MINIMUM 6' WALL BIKE LANE 12' 11' 12'. 7' DRlVEAISLE'" DRIVE AISLE / ORIVEAISJ.E/ 48' 12' 11' 12' /Ol<IVEAlsJ.E /ORIVEAISJ.E/ DRIVE AISLE 48' /~~ '-. \ 1 .! f L ( I ~/ 1\ I , \ ~ 14' 'lANDsCAPE MEDIAl 110' R.O.W SIX LANE DMDED '\./<~-Is'''- \.. <7 L, EXHIBIT 4-4 ARTERIAL (Allen Road between White Lane & Pacheco Road) I I 6' 6' I / ./ /1 SIDEWAL,\ EAST SIDE 15'.20' / l' (.......'].........1.) \~ I I I I ~-----".I / l'i / ,''- I. ( \ \ \ \ \ I I I I I I I I I I I I I I I I I ~ ~~K"-9 I ~ ~I - r- o 0 ORIGINAL I I I I I I I I I I WEST MING SPECIFIC PLAN WILL INCORPORATE A 10' MULTI- PURPOSE TRAIL /'--'. rJ-~ ~ MINIMUM 6' WALL 1 '\ ~~~A~/~~~ARTER~L J] \, IS INITIALLY CONSTRUCTED:J ~'.; ~\ AND STRIPED WITH LESS THAN \ .. '" >.f" 6 MOTOR VEHICLE LANES ~ ~ .~.;;. : . s. ~) ,<~'. ...) . . ..;~?...~I::.\, "'\"'c.~tr~'" \~~ ' . ~,:"':b"~ , <t 7' . 7' , / """"" / 14' . 'lANDsCAPE MEDIA)( 110' R.O.W 12' / DRIVE AISLE 10'.25' 7'. 6' 12' 11' 12' / 'I I / m ""'" II" ;, LANDSCAPE ILANDSCAPE DRlVEAISLE48, DRIVE AISLE DRIVE AISLE / .,/'-~-..... \ I II - ------, SIX LANE DMDED 1 / f L i I 1, '~ L'1~ \l NORTH SIDE MINIMUM 6' WALL BIKE LANE I I 11' 12'. 6' , 6' I DRIVE AISLE ;S,DRiVE AlSl.E / "s1'DEwAl.l\ EX~~~~ ~~~~~6N I' EXHIBIT 4-5 ARTERIAL (White Lane between Buena Vista & Allen Road) (:J)/~--r\ I " , ' \ <'I I i i i I C) I I I CJ> i i i i i i _ I /- ~'" I (i \, I ~'Of>..k o >- t:: o OR April 2006 I I I I I I I , I I I I I I I I I I ~ 'OMc:-'9 I a ~ >- - t: ~ I o 0 ORIGINAL WEST MING SPECIFIC PLAN WILL INCORPORATE A 10' MULTI- PURPOSE , TRAIL r---...~ A I ~~ MINIMUM 6' WALL L.;J ';. BIKE LANE ,J \ ) J { :;.;~ ~ .~:'. ~':,J""' m)_ 'i.:.:~~~,:~~~:~ \~~P ~~ ~""' , STRIPED AT 6' WHEN ARTERIA L IS INITIALLY CONSTRUCTED AND STRIPED WITH LESS THAN . MOTOR YEHICLE LANES 10'.25'. 7' . 6' 12' 11' ;'..m . .. 1 . . / ;' DRIVE AISLE,I DRIVE AISLE LANDSC APE ILANDSCAPE 48' J- ;' //________. I I \ .....~-....\ I I I /...-------~ ( \ I --..~ I I I MINIMUM 6' WALL BIKE LANE NORTH SIDE -.r---\. J 1~: t ";;'<0 . _. . '.~ 1 ~ ... g,.c;... :" -. ;.~~ \~ .,.eo ~;t~ \~: ~~ -:"t' 12' DRIVE AISLE ;' 12' . 11' 12' ;' ....-f;' ... .... . .m. ;' , DRIVE AISLE ' DRIVE AISLE DRIVE AISLE 48' 7' ;' 14' 'lANDscAPE MEDw( . 110' R.O.W SIX LANE DIVIDED 1\ ) c' c! i 1\ \1 I \( r( \ r ./ L-- \j \ \ . r j L\ \ I I, L-; i EXHIBIT 4-6 ARTERIAL (White Lane between Allen & beyond West Beltway) I I 6' 6' I 15'.20' Si'DEW.w(~ .( I' ;' / / j ( \ \ I I /~ ( --I' I I I I I I I I , I I I I I I I I I I ~ ~M<-9 I ~ ~I _ r- o 0 ORIGINAL I I I I I I I I I I I. WEST MING SPECIFIC PLAN , WILL INCORPORATE A 10' MULTI- PURPOSE TRAIL . ~.'\ f MINIMUM 6' WALL f' ~~~A~/~~!ARTER~Ll .' IS INITIALLY CONSTRUl'TED > :'. ~ l\ AND STRIPED WITH LESS THAN ) .. ....r-' 6 MOTOR VEHICLE LANES ~ ::',' ~ ,. ,J t ~t.:"'~. ~ ~: :t: .:~. .... ~ ~. ,,~ 'tt:e-.t ,,'.. \... "-' BIKE LANE EAST SIDE MINIMUM 6' WALL I I 6' I ~IDEWAL'E)(ISTING CONDITI6N . EAST Of R.O. W. .( I' 10'.25'. 6' , 6' 12' : 11' 12' / LANllscAPE"uNDsc..$E / DRlVHJSLE" DRIVE AISLE/ DRIVE AlSLE/ / 12' . 11' 12' 6' / .....m.... / mm ...... ... / . ./ DRIVE AISLE . DRIVE AISLE . DRIVEAISL[ 48' / 14' . {;.JIIllSCAI'EMEDiAt 1l0'RO.W SIX LANE DMDED /'~ I. . \ ('----J' (.r.........I.\... \'4 I I I I I l'/-----t \ . f \ ~J: (,'1 \, I I ~ / c.r '- I ( I, l EXHIBIT 4-7 ARTERIAL (Buena Vista Road) I I I I I I I I I I I I I I I I I ~ 'O~k~'9 I o % >- - 'i30RIGINA~ I I I I I I I I I I I I I I I I I I I I WEST MING SPECIFIC PLAN , JO' MULTI-PURPOSE TRAIL MAY MEANDER WITHIN LANDSCAPE AREA , j~~,. j--""P~,. '.. )< ~ . '\ Qt!. - ~~.Q .Q ~ to JJ.,- ~ . "'~~....' ." ... 2f1,,",,~ ". ~~IU . 5' SIDEWALK MAY MEANDER WITHIN LANDSCAPE AREA I 1 1 1 : 10' ,9'-14" r(tJL'ri.PliRI'OSE"'UNDSCAPE'( TIlAIL 19'.24' . l' ..( 1 / ,/'" 28' 10'.15' LANDSCAPE 15'.20' 1 I I I 5' : sfDEWAlf 1 l' 1 16' . 12' . DRMAISLE/ DRMAisLE/ 28' *15'.25' 12' 16' iANDSCAPEMEDIAlii '/'DRMAISLE .?DRlvEAISLE / / l' 105'-125'RO.W TYPICAL FOUR LANE DIVIDED WITHOUT PARKING FOUR LANE DIVIDED WITH NO PARKING, A 10' MULTI-PURPOSE TRAIL ON ONE SIDE. R.O.W. TO ADJUST/CHANGE WIDTH ON TRANSITION TO EXISTING CITY OF BAKERSFIELD STANDARDS. f ;~-=-,~ ;/ / . '\~~>:;;:- \::) . /-,,:>- /t"'/ . ~/ //1 ( f'~ II I ---. .~ _'. ~ .-.___,- '"\. ,// . '\.. I I \l . \ 1 1 I I I I 1 1 1 1 1 1 1 I 1 I 1 1 1 1 /-~~~ 1 / \, ( I I I I ~I~ ~IZ 1- ~I....:l ~:~ 01 . /--~ V) 1 q / 'I ~ I 1 1 I I 1 1 I~~- ....:l ~ ~ ~ ~ Z Vl ~ 0 ~ ~ ~ 0, ~ I - ~I ti I I ~ I ~ I I EXHIBIT 4-8 COLLECTOR NO ON STREET PARKING *NOTE: MEDIAN OPENINGS NO MORE THAN 1000' APART ~ 'Of>..k~ o >- !:: o April O~ I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - ..... m <30RIGINAfI l I I I I I I I I I I I I I I I I I I , I I~d_'d r.d...... I 10' " WEST MING SPECIFIC PLAN 5' SIDEWALK MAY MEANDER WITHIN LANDSCAPE AREA / / 10' MULTI-PURPOSE TRAIL MAY MEANDER WITHIN LANDSCAPE AREA f-_-",'-,i6 .'.._-,.~p-,~ ;;... ..J: .~-\; . i",' J'.....,,;, J, .. } . pj'l'. '6~ ,~~\ ,,,-J:,li. --\j~:./ -\~\ -r). i"'~ ..)~ ,<., ": "'("t..>1" .' 7r\ ;'1\~' ;~ f:.~~. ".~.,. ~. q .,,~ ~~~~.' ~~ ~ ~.: .~< I f,.;;:;;;,;;;J. r.J:"};. :..;f -,.'j~-' '. ;:. . "" f.:~ ". . ;j,{ k~;'~ ~ < ~ ~' . . o;! ._,~~.~.... ~~- ~ -:-1:-:....~;..,.~.~~ " '(~~;~.('.,.-;$1 I rd'-"T ":r'~'f- "~~,<-' /r"trt,r -' ~.;::.;.",~~1;.\;..>;3 ~{~i~..~'!!';' ,-",=J", -'I. 'I, . f~J q,~r:'. -"~'~' !~I I__,_~_~l 16' 12' *15'-25' ! 12' I 16' 8' 10'-15' 5' I DRIVE AISLE DJUVE AISLE LANDSCAPE MEDIAN I DRIVE AISLE DIUVE AISLE PARKING LANDSCAPE 28' 28' 15'-20' .......-....-.-..-.....-.... . .'i'....-.........-............-.........-... .................-...... ...... ........-...-............... 120'-135' R.O.W l--"""~ ~~;~?~ : ~\ A","':..^ -] (..) ~fj~.,~ .."J.~ ji"-~..'" ".." .t's ,"f=~i?;.& . ;JJ; '-~:"i'tI~I'" ~~; (.; -\ r~-:" ,,,...1..... ...~....__...-t....._.........---..... 8' I { I 1 I I 1 1 I I I 1 I I~ ~ II ~ Z ~ _ tI) ~IO ~I~ OIll.4 ~I~ ~ 10 I~ I 1'"~~:>~,':1.0 "'- -'. ... ~ '-~"'" ". )oJ. "'-, \, ~ ...0 \\ \. \\\ \\ \ .11 \ I I I i I J -(: i \ \ i. t TYPICAL FOUR LANE DIVIDED WITH PARKING FOUR LANE DIVIDED WITH PARKING, AND A 10' MULTI-PURPOSE TRAIL ON ONE SIDE. ....;:::'.;;:;-:::::.:t=::::::::.:.:::." " ~ ,,-l,~:;::;;;:~;c:' to, .' ~,/lf---. .' 1/ ; Ii if I I i . ..........,~::;;,_.,";...:_.J.,::..\:.:"--. r-,- ~T L.; R=IO'TYP. ~(D..liljli",r ~-=it ~. IZ:~] }/~:l EXHIBIT 4-9 COLLECTOR ON STREET PARKING *NOTE: MEDIAN OPENINGS NO MORE THAN 1000' APART April I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - t: ~ I o 0 ORIGINAL I I I I I I I I I I I I I I I I I I I WEST MING SPECIFIC PLAN 1 I : I I , I ! i i 1 5' ! 6' i 10' I 12' , 12' . 12' i 12' LAN~APE SIDEWALf PARKINc! ORl''r; AISLE -" ORNE AlSl.E-10Rt\iE AISLE { - DRNE AISLE 1 21" 24' , 24' '.>(.._...m____...m_.._.__._.__.... .......m"._....._....._........._._.........._..._......._................_mm.___"___._.__.__.....__._...._.--.--.- I 1 1 ~: ~ ~ I~ IZ ::31 1::3 I ~ 1 ~: :~ iJ,:l 01 Cl 8 iO ~: - :~ tJ) tI) 1m 90' R.O.W ..._._...........~......m...._...._........... FOUR LANE WITH PARKING FOUR LANE, PARKING ON TWO SIDES EXHIBIT 4-10 CITY COLLECTOR ON STREET PARKING I 1 10' 6" 5' I -"PARKING ~IDEW.JK LAo~CAPE 21' I ......-.....--./-..-......-----.........-.-........--......-{. I .mmf NOTE: A LANDSCAPED MEDIAN NO WIDER THAN 14'-0" MAY BE ADDED SUBJECT TO APPROVAL OF THE PUBLIC WORKS DIRECTOR I I I I I I I I I I I I I I I I I 'Of>..k~t ~ >- ..... r- '0 0 ORIGIN1 I I I I I I I I I I I I I. I I I I I I WEST MING SPECIFIC PLAN 5' SIDEWALK MAY , 1 . . I 10' 9': 8' . 16' : 12'.22' . 16' : 8' : 8' . 5' I ;i"i:ri:pUiiJ'OstLANOSCAP((..PAOONi:; /OR.lVEAlsLE1i.ANOSCAPEMEOIAN /.,oRiVEAisi.E1pARK.INo{.' ANDSCAP{SIDE\\.<'t'LK 'Y TRAIL' i' 'I I I I 19' 24' 24' 13' I .r )Ii" ;( ;( .r ;( ------, I I I I I I I I I I I I I I I I I I I I I I I I~ :~ p..;jl f-t Z I p..;j ~~---- ~l ~ (/\ q: 2 <J/;:/ ~: ~ l/~_~~ I~ I~ I::;E ~~--- I _--.~_ " ~ J ~: /, >1 //.;'/ ?'.; I / /' . JooIooC l/~/:;/ : 8 : p..;j . . ~'. .-----..... ..''-'--.. ........ tJ'). I Z ';.,;'" " I ::s ( ,. ...... I . . I> \'" I;:> ,~ \ .." :q <>" .!~ -] /, \ ~\,- NOTE: NO DRIVEWAYS WILL BE PERMITTED ON LOCAL COLLEC- TOR WITH ON STREET PARKING NOTE: NO ROLLED CURB WI~k~ BE PERMITTED UNLESS F~ - EXHIBIT 4-11 LOCAL COLLECTOR ON STREET PARKING I I I I I I I I I I I I I I I I I ~ 'Of>..k~-9 I o ~ >- - ..... m _ r- o 0 ORIGINAL I I I I I I . I I I I I I I I I I I I I I WEST MING SPECIFIC PLAN WILL INCORPORATE A 10' MULTI- PURPOSE TRAIL)! ! 15' l~j~l~,~-J.6:..-J4;;;} IS' I 1,-EXPANDED.siDiiWill.f.......,............. .........................--......---.----------......--........~'......NDf.DSiDiiw~ ~rrnTRE>WaLS ______.._]8' R.O.~__.__,_,_,_,_,__ .='T:'::F.:',L' ~. -.......-..-......_...=1 I I I I I I I I I I ~i~ ~I< ~i~ ~~ I I I I TOWN CENTER (MAIN STREET) TYPICAL SEmON, 78' R.O.W. TWO WAY, DESIGNATED PARKING Born SIDES, 0' SETBACK. IN COMMERCIAL ZONE. ENCROACHMENTS ALLOWED PER CITY STANDARDS ~'\? EXHIBIT 4-12 TOWN CENTER STREET ON STREET PARKING R=IO' TYP. .~ ~. j I~ I~ ~i~ !~ I I I I NOTE: PARKING AREA WILL BE CONCRETE. ~ '0 ~ o ;:... ..... o April I I I I I I I , I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - t: ~I o 0 ORIGINAL I I I I I I I I I I I I I I I I I I I WEST MING SPECIFIC PLAN I I l \ \ " ./ " --.-/:J 0 c: '--.- --.---. .,."...---.-.- \1 V I I I . . I I TYPICAL TRAFFIC CIRCLE -" . I l \ \ " " -.- J c ------.., , ./ " /' \ I \ I , ( J ! I I TYPICAL ROUNDABOUT Note: The exact configuration of the West Ming traffic circles and roundabouts shall be determined at the time of subdivision and/or roadway improvement approvals. EXHIBIT 4-13 TYPICAL TRAFFIC CIRCLE/ROUNDABOUT Not to Scale I I I I I I I I I I I I I I I I I ~ 'OM~ I o 1 >- ..., ..... m <30RIGINAI I I I I I I I I I I I I I I I I I I I WEST MING SPECIFIC PLAN --:::. M "'..-.... DRIVEAISU; ........,f.. :/ TRASH CONTAINER PADS , MAY PROTRUDE INTO 20' . DRIVE AISLE PAVEMENT 20' RESIDENTIAL REAR LANE lWO WAY, NO PARKING R=25' 1YP~~. .........................................................m...... ~ NOTE: RESIDENTIAL LANE PRO- VIDES A MINIMUM 20' WIDE PAVED SURFACE TO COMPLY WITH THE UNIFORM FIRE CODE. PAVED SURFACE MATERIAL MAY BE ASPHALT, CONCRETE, GRASS- CRETE, ETC. ~..................................... R=25'TYP. ,;.I..................................................__.H............. ...m~Q' NOTE: RESIDENTIAL LANE TO BE PRIVATELY MAINTAINED. CAN BE PUBLIC IF BUILT TO CITY STAN- DARD AND NO ALLEY TO ALLEY T-INTERSECTION. NOTE: IF A HOME IS LOCATED BETWEEN A RESIDENTIAL LANE AND A STREET, THE ADDRESS WILL BE LOCATED ON THE STREET. IF A HOME IS LOCATED OFF A RESIDENTIAL LANE WITH ITS FRONTAGE ON A COURTYARD AND OR LAKE, ADDRESSING WILL OCCUR IN ACCORDANCE WITH CITY STANDARDS FOR MULTIPLE FAMILY HOUSING. EXHIBIT 4-14 PRIVATE RESIDENTIAL LANE ~ 'OA ~ o '9... -1'\ April21'lll6 II ~ l:::7 ORIGINAL I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - ..... m <3 GI ORIGINAL I I I I I I I I I I I I I I I I I I I WEST MING SPECIFIC PLAN I I I I I I I I I I I I I I I I I ~~E~~'~~~'~~_'- - ~~-~~-~~ - lT~-_=_~~-~~ - -J__-=_-~~~~j!:! ~ .....i -0 .0 -' - I - - - - - - - - - - - - g- - - - - - - -~. ,;; i --- - m -- -- -- - - - - - - , I ;1 -r ,I ;! i !~ :\ I \: ;: ' :: :1 I I: 1,0' 110' I LANE IA I I I I II 20' DRIVE AISLE 10' 10' G.T .... NOTE: RESIDENTIAL LANE PRO- VIDES A MINIMUM 20' WIDE PAVED SURFACE TO COMPLY WITH THE UNIFORM FIRE CODE. PAVED SURFACE MATERIAL MAY BE ASPHALT, CONCRETE, GRASS- CRETE, ETe. TRASH CONTAINER PADS MAY PROTRUDE INTO 20' DRIVE AISLE PAVEMENT C:.J NOTE: RESIDENTIAL LANE TO BE PRIVATELY MAINTAINED. CAN BE PUBLIC IF BUILT TO CITY STAN- DARD AND NO ALLEY TO ALLEY T-INTERSECTION. NOTE: IF A HOME IS LOCATED BETWEEN A RESIDENTIAL LANE AND A STREET, THE ADDRESS WILL BE LOCATED ON THE STREET. IF A HOME IS LOCATED OFF A RESIDENTIAL LANE WITH ITS FRONTAGE ON A COURTYARD AND OR LAKE, ADDRESSING WILL OCCUR IN ACCORDANCE WITH CITY STANDARDS FOR MULTIPLE FAMILY HOUSING. EXHIBIT 4-15 PRIVATE RESIDENTIAL LANES AT INTERSECTION April I I I I I I I I I I I I I I I I I ~ 'Of>..k~-s> I () ~ >- - ..... ~ l5 <<:;) ORIGINAL I I I I I I . I I I I I I I I I I I I I I WEST MING SPECIFIC PLAN ;,-. )' SIDEWALK MAY MEANDER WITHIN LANDSCAPE AREA L~~Jl~~_,_- ~W"Ut; I-'NbIC.\J'I i : 18' . ..,.------ - .. --1'- )' SIDEWALK MAY MEANDER WITHIN LANDSCAPE AREA DlUVIl,"U _~____.__. .__ @'KQ~W. ... ...- jt 18' I( ...-1' TYPICAL RESIDENTIAL STREET, 60' R.O.W. lWO WAY, NO PARKING D inrm a [.;:.:,,:J ~il:lJ <I~ ~i~ I~ I I I I NOTE: NO DRIVEWAYS OR PARKING WILL BE PERMITTED ON RESIDENTIAL STREETS WITH NO PARKING EXHIBIT 4-16 RESIDENTIAL STREETS NO PARKING ~ '0 f>..k ~ c >- ..... o April 2~~1 I I I I I I I , I I I I I I I I I I ~ 'Of>..kc'9 I C> % >- - ..... m <3 b I ORIGINAL I I I I I I I I I I I I I I I I I I I WEST MING SPECIFIC PLAN SIDEWALK MAY MEANDER WITHIN LANDSCAPE AREA ..........,.....'1.1. I ! , SIDEWALK MAY MEANDER WITHIN LANDSCAPE AREA ..j..........,............ .....-.. 32' 60' R.O.W. TYPICAtltESlDENTW.STREET. 60' R.O.W. TW'(lWAY,DESIGNATIID PAlUCING ONE smE,MQSTTYPICALCONDmON NOTE: PARKING AREA WILL BE CONCRETE. EXHIBIT 4-17 RESIDENTIAL STREETS PARKING ONE SIDE ~ 'Of>..k~'9 o ~ >- - ~ m o . I I I I I I I I I I I I I I I I I ~ 'OM~-9 I o % >- rn t: ,.... o 0 ORIGINAL I WEST MING SPECIFIC PLAN I I I I I I I I I I I I I I I I / ! 5' t- - i PARK OR ! OPEN SPACE J'...... .. .-.r.- J- IS I J I DRIVE AISLE i I 20' i 8' 7'.8' 4'.5' . . ......--_._._...,....--.-_.._.............~-.PARK.JNG. i)~Nm(A'''': ,m::l 28' 12'. - .- . ..... ..... --- - - --.., . ..____ .1Q'&9:W____ .....~ TYPICAL RESIDENTIAL STREET, 4O'RO.W. ONE WAY, DESIGNATED PARKING ONE SIDE 5' SIDEWALK MAY MEANDER WITHIN LANDSCAPE AREA R=IO'TYP. I~ UiilUji! i" - 'j \~_.,.,_..t ".." , ! : ! t=J ~\ EXHIBIT 4-18 RESIDENTIAL STREETS PARKING ONE SIDE jf.IJ ~IS ~j~ I~ I I I I I NOTE: THIS SECTION TO BE USED WHEN ADJACENT TO A PARK OR OPEN SPACE NOTE: PARKING AREA WILL BE CONCRETE. ~ 'O/l.k~?> o ~ ;:... - ..... m <3 r- A9~~ 'II WEST MING SPECIFIC PLAN )< ;- ..#--:; DESIGNATED .::-'"""\..~ · , )" I: PARKING". . '. \' I . I . ... , .1 ....... _..4>4 ,.,. .. ' ~. .. ..,~ . '... . ",it;.:. I';. :.. 1 1 I 1 t 1 . . I p~~~~-~~ TYPICAL RESIDENTIAL STREET, fJ1 R.O.W. 'lWO WAY, DESIGNATED PARKING BOTH SIDES I I I I I I I I I I I I I I I I SIDEWALK MAY MEANDER WITHIN LANDSCAPE AREA NOTE: PARKING AREA WILL BE CONCRETE. EXHIBIT 4-19 RESIDENTIAL STREETS PARKING BOTH SIDES ~ -0 f>..k ~ o >- ..... '0 April I I I I I I I I I I I I I I I I I 'Of>..k~'9 I ~ ~ >- m ..... r- <3 0 ORIGINAL I I I I I I I I I I I I I I I I . CI i?; ~ ~ 8 ~ en en N ::I: ~ <: :c 0 N ~ U ~ ~ ~ , ~ i:\,; 0 b en ~ ~ c5 0 8 ~ 0 ell :;a ai ~ j N " :> ffi 0 ~,~.) -..-..---..-----"7 ::.. i:l.o i:\,; ell i:l.o B I > ~ 6 en ~ U , ;: ~ CI Ii: :> ~ ~ <: U b ~ ...J ~i ::l I:: en e ~ CI > en 8 V'\ ~i 1 ~ 01 I I I ~i ...;l! .i"-" .I / 011 0:: :<:11 ~II ;:; ~II ffill '" ~II , , , , , , , , , , , , , ~ ..... ::s~~ ~~E-< Cl... ~ V:l Q ~ Q ~ :s ~ ::..: ..--:..-1 ~. : .~ .,~" 1 "~.~ ~ I ~ :s I~ ~..fJ ~ !! :' ~~"_,I_,I_,,_,,_,,_,,I " ~ ,..;.." " ;j .,~~ :' ~ s:: ..~fi1' :' . ~fi1' :' .~ '/::;;::. / ~\\ ,/ '/:~~ ,,0{ " '/:~\\ 'O~\.'t :' '/:~\~~~'t , .t \' 'I_'I_'I~'-"" ~ ~ ~ U ~ ~ U ~ ~ r/1 o ~ ~ ~ r/1 ~ ~ ~ :s ~ ::..: I ~~ ~~ ~~ ~r/1 !~ aa~ ORIGINAL I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - !::: l!! I o 0 ORIGINAL I I I I I I I I I I I I I I I I CONSERVATION 5 CONSERVATION 5.1 INTRODUCTION This section provides an overview of project site resources and management. The West Ming Specific Plan is consistent with the standards and policies contained within the Metropolitan Bakersfield General Plan Conservation Element. Unique conservation standards are not included in this Specific Plan. Additional environmental details, including findings or conclusions related to environmental issues are included in the Environmental Impact Report for this project. 5.2 BIOLOGICAL AND NATURAL RESOURCES The site has been farmed for many years border to border with crops of corn, garlic, carrots, and onions. A few scattered oil field operations exist in the central and southern portions of the site. The development of this site will not result in the loss of any undisturbed native habitat, any riparian habitat, or any wetlands habitat. The project site is within the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) boundaries. 5.3 GEOLOGIC AND GEOTECHNICAL RESOURCES The site is located in an area with only gentle slopes across the site. No bedrock outcrops are present within one mile of the site. The project applicant conducted a geological hazards study during project design. An extension of the Kern River levee is a part of this project and will minimize the potential for flooding. Investigations indicate that it is likely that no significant areas of highly expansive soil will be encountered. 5.4 STORMWATERMANAGEMENT The storm drain system will be designed to protect structures and facilities within the Specific Plan area and downstream receptors. As phases of the project are developed, the storm drain collection system will be constructed to its master plan configuration, with all required inlets and ultimate pipe sizes. Interim construction of temporary retention or detention facilities will be allowed when construction of the ultimate collection system has not been completed and is outside of the phase boundaries. It is anticipated that storm water will drain through water elements and will be disposed of in the Kern River Canal as approved by the City of Bakersfield. Exhibit 5~ 1 shows the conceptual drainage plan. O~ f>..k~'9 ~ ~ ~ ORIGINAL April 2006 CONSERVATION 5.5 AIR QUALITY The project will have an extensive system of bicycle lanes and routes, and pedestrian walking and hiking trails to encourage travel by other than motorized vehicles within the project area. Design concepts embodied in the land use plan encourage walking and alternative modes of transportation. Residential areas are designed so that dwelling units are within a reasonable walking distance from neighborhood facilities. This encourages the neighborhood concept as well as reducing air quality impacts through the reduced use of motorized vehicles. The number of cul,de,sacs incorporated into the circulation system is kept at a minimum to encourage pedestrian and bicycle usage and to reduce motorized vehicle emissions by providing more direct vehicle routes. Vehicle emissions are further reduced by the extensive use of roundabouts instead of traffic signals throughout the project. Additionally, street trees and parks and landscaping assist in the reduction of air quality impacts. Additional programs/design elements that will further reduce air quality impacts include implementation of dust abatement measures for construction activities. Implementation Measure C,l Bicycle racks/facilities will be provided at recreation areas, commercial areas and employment centers to encourage bicycle usage. 5.6 CULTURAL RESOURCES The project site has been extensively farmed. Should paleontological or architectural resources be encountered during construction activities, standard mitigation will be immediately implemented. Should human remains be discovered, work shall halt and the coroner shall be notified immediately (~7050.5 of the Health &: Safety Code). I I I I I I I I I I I I I I I I I I I 'OM~ April2006~ '9~ ..... m _ r- (,) 0 ORIGINAL 72 ~ g E- <( Z _ Cl o i5~ S 5...l zo 0 ~<( 25 O...l ~ 25 enZ en u~ Z ~ :E2S ~ 25t? :l ~:::Ji:Gz~z~ 8 :s~ Q ClQ u f:: ...l~ !Z ~t; ~ z~Zt.tlCi:~t.tl t.tl f-<'=' f-< g_ ~ ~ 8t:2 ~ (l)Cl ~ :.. 0 i i .... , ~ ~ o ';: '5 ";' s III = III "',~ - -=~~ bO..o .... ::l = ;:l 000 !:l,~ ~ ';:l 'C c "0 ~ Cd o 0 " ~ .. l!l ';;: ~ 'S erall e-gg ..0 .;: 0 -=t) OlBt3 ;;;~c t>oog '" bO " .~.s ] .. I" c Cl 'i3 ,~ ~ g B .. '" <) ~ f'-o -;;; .s1ag t;: ~ ..8 '" ~'(ij Q) ..... o. c:: """ F: ~ ~ '5 g .~ :~ ' Co S eo,;;: Cl QJ .- 0.. .D.__ 3i3~.9 a]~ (;j~8~ ~r35El ~ ~. ""; .g ~ "'0 ~ ,- 0 <),. '.;::J 0:; ::E Ol:;~o :a~ 6h 2:::: 1a ~ ~ ~ .~ 8' ~ t '.9 'S;Xl Cl 25 8E~.s ~'O~ ~ !!l ~ E (;j E 't: Cl 'd ~" 111l 0 .~ ~ ~ OJ ~ 6h 01 t; ~ ,~ Ci: ~'~'(ij e- ~ g, Ji ~~.a~a GVO'M N3'11\>'. HInos ~ ~ ~ U ~ ~ ~ U ~ ~ r./J o ~ ~ ~ 'j , 1(""---. 1:1 'I "- w I!L___~_ ~I: UJ ., >11 <<(, " Ij z', ~'i I: I II I: I I: Ii --:I ~ /' = o '~ E: o ."3 4l .... ~ 0 0 = ':::;s ~ ~ S o '=';0 t 0 1a 1Il;S_ ~'~ -:g e "'(ij III ~ '" o ....0 a.g s ~ ~ .~ o 0 . ~ Co i! <<s '" S = 1a ~~Bu 1:) ~cn g i3 .s.~..... ,_~ i:l:..o"S... r . I I I I wi z :51 wi 1-. ~: 'x / : 0" :1 I J .--.:') t: I I I I -- I I 1 I : I 1\1 I -1 \/ 0" / !-i 't-' j(. I) \ , --\ I ~ N ... Co <( 8 b ~ ~ " :..... " ~ ..-J -..k~'9 o >- ..... Z, ORIGIN I I I I I I I I I I I I I I I NOISE 6 NOISE The project site is mostly vacant and used for agricultural purposes with some oil extraction facilities in the central and southern portion of the project. The only significant source of existing noise in the project vicinity is traffic on local roads and the railroad on the southern boundary. The siting of development will take into account noise and noise attenuation. The location of land uses and sensitive receptors, including single family residential uses, will be reviewed and approved by the City for compliance with City and State requirements. Noise exposure for new construction will be reduced, if necessary, to comply with City and State requirements by measures such as the following: · Use of setbacks · Use of barriers · Site design . Building design, use of double paned windows and the physical design of the building. Noise standards will be consistent with the provisions contained within the Noise Element of the Metropolitan Bakersfield General Plan. Unique noise standards are not included in the West Ming Specific Plan. Additional details regarding environmental noise issues are addressed in the ErR. April 2006 ~ 'Of>..k '9 o ~ ;:... - ..... m <3 75 c; ORIGINAL I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - April200t5 II! ORIGINAL I NOISE [This page intentionally left blank] 76 I I I I I I I I I I I I I I I SAFETY 7 SAFETY The West Ming Specific Plan is consistent with the standards and policies contained within the Metropolitan Bakersfield General Plan Safety Element. Unique safety standards are not included in the Specific Plan. Law Enforcement Law enforcement for the Specific Plan area will be provided by the City of Bakersfield Police Department. Additional technical details related to law enforcement are provided in the EIR. Fire Protection The City of Bakersfield Fire Department provides fire protection, fire prevention services, emergency medical (first responder) and rescue services, arson investigation, and hazardous material coordination. The City of Bakersfield and Kern County maintain a Joint Powers Agreement that determines agency functions within the Metropolitan Bakersfield area. This agreement provides for the closest station response concept. City Fire Station No. 15 has the responsibility for the "first response" emergency services for the project site and is supported by City Fire Station No.9 in the event it is necessary. All development within the project area will comply with the requirements of the Fire Department. The water supply system will be designed to meet Fire Department requirements. Additional technical details related to fire protection are provided in the EIR. Seismic and Flood The West Ming Specific Plan is consistent with the seismic and flood standards contained within the Metropolitan Bakersfield General Plan to ensure the health, safety and general welfare of the public. Additional technical details related to seismic and flood safety issues are provided in the EIR. April 2006 ~ 'Of>..kc: o .)... I- m o 77 t; ORIGINAL I I I I I I I I I I I I I I I I I ~ 'O~J(~'9. I o ~ April2tJP6 iTi 1,.) [; I ORIGiNAl SAFETY [This page intentionally left blank] 78 PUBLIC SERVICES ~ FACILITIES 8 PUBLIC SERVICES ~ FACILITIES The West Ming Specific Plan area will have a public facility system that complements and enhances the vision and design objectives of the project and that will attract the appropriate market. All facilities will be developed to the required industry standards of the service provider and as required by the applicable government standards. The project developer has worked with the appropriate jurisdictions and service providers to provide the public facilities and infrastructure at the level appropriate for the project. The project developer intends to continue this process as the project moves forward. 8.1 WATER SYSTEM Potable water for the project will be provided by the City of Bakersfield. The Conceptual Water Plan is shown on Exhibit 8,1. This is the 'backbone' system for the entire project and is one of the key factors in establishing the project phasing. Implementation Measure PS,l All in, tract water distribution facilities will be shown on subdivision maps and will be designed and constructed in accordance with City of Bakersfield requirements. 8.2 WASTEWATER DISPOSAL SYSTEM Sewer service is provided by the City of Bakersfield. The Conceptual Sewer Master Plan is shown on Exhibit 8,2. This is the 'backbone' system for the entire project and is also one of the key factors in establishing the project phasing. Implementation Measure PS,2 All in' tract portions of the collection system will be shown on subdivision maps and will be designed and constructed in accordance with City of Bakersfield requirements. 8.3 SOLID WASTE All residential solid waste within the project area will be picked up curbside. All other waste will be picked up in accordance with City policies and procedures. The project does not include any major solid waste disposal components requiring exhibits. 8.4 SCHOOL FACILITIES The West Ming Specific Plan is in the Panama,Buena Vista Union School District for elementary schools (grades K,6) and junior high schools (grades 7,8) and the Kern fOAl( High School District for high schools. Four elementary schools and one junior high ~ ~ ~ ~ o ~ ORIGIN (:) April 2006 79- PUBLIC SERVICES &: FACILITIES school are planned for within the Specific Plan area. High school students from the Specific Plan area will attend Kern High School District facilities outside the project area. Five schools are conceptually located in residential neighborhoods within the Specific Plan area and are anticipated to be approximately 13,14 acres in size and in some cases connected to the project trail system, allowing for easy bicycle and pedestrian access. The West Ming Specific Plan land use summary accommodates approximately 69 acres for future school sites. However, offsite school sites and facilities may be utilized in lieu of onsite school sites and facilities where available and appropriate. The exact school site locations and exact sizes are not yet determined and will be located in consultation with the School District. Implementation Measure PS,3 Prior to approval of the first subdivision map, the developer shall provide the City of Bakersfield with an acknowledgement letter signed by the school district stating that the developer is working with the school district to identify appropriate school sites for new facilities within the plan area. Implementation Measure PS,4 Development within the project area is subject to the payment of school fees at the time of building permit issuance in accordance with fees authorized under applicable laws except as otherwise provided for in a separate agreement with the school district. 8.5 PROJECT UTILITY SYSTEMS All utility lines within the project area will be underground and will be incorporated within the street right,of,way or within utility easements on private property, except for certain high,voltage lines traversing the project area. The project does not include any utility system major components requiring exhibits. Electric Power Electric power will be provided by Pacific Gas &: Electric (PG&:E). Natural Gas Natural gas will be provided by Pacific Gas &: Electric (PG&:E) and Southern California Gas. Telephone and Internet Telephone and internet infrastructure and service will be provided and will be installed along with the other utilities. Cable Television Cable television service will be provided and will be installed along with the other utilities. ~ ~A/(~1> o - "1'1 ..... - _ m <..) ,.... o April20~'G'NAL 80 I I I I I I I I I I I I I I I I I PUBLIC SERVICES & FACILITIES Implementation Measure PS,5 To the extent feasible, all underground utilities will be installed at the same time the street or other improvements are being constructed. 8.6 PROJECT LIGHTING Project lighting is extremely important to ensure an overall cohesiveness to the community theme. Lighting location and design must complement community design elements such as landscaping, signage and monumentation as well as enhancing public safety. Implementation Measure PS ' 6 The developer/project applicant will install street lighting in accordance with City policy and will dedicate them to the City or applicable homeowner's association(s). Street lights within public right~of~way will be maintained and operated by the City. Street lights outside of the public right~of~way will be maintained and operated by the BOA. Implementation Measure PS,7 Specific lighting design and standards, including commercial and industrial project lighting will be shown on subsequent tentative subdivision maps and/or improvement plans and are subject to approval by the City of Bakersfield. .. April 2006 ~ 'Of>..k~'9 A ...... o ORIGINAL 81 PUBLIC SERVICES CSt FACILITIES [This page intentionally left blank] . 82 ~ roAI(~'9 o - li.l :s b ~ z ~ w Z ~ w ~ LIJ ~. LIJ a=: Z :I Z . 3=~:!a ~ ~ ~ ~ a=:a=:~~ io M' :>( ...... ....., (IC) W :z@ , o Z 11-1 Ij ~ ii ~VO~ V~S!f\ VN:rnll .. . tii~~ r:i~'^ ~ r' ~II S < .. ~ .. : ::~.: . .~- -tl~~. ;L r:i rnl,:;;; ,...-. . )~~ 11>'., ~ ~ .8~.i . ~ . 'j!.,.. .... : . . ~.;...,;\.. 1.<;.1 d " liL ~m 1 ~1JI ~ '!I' ~ . fb! __:L-_-": __ ~ __ ---~- ~-:::::r== -~- 'mI~:Jl1V'S I . -- ., 7"., . . ' :;r- .l. '" . . . , I I' !:lI. ", ,..~ 1'1 ~ ' .b !:!~- .. , I .... . I:' ~ ~ \P\.....!.t-.......: tlio 71 ~. ; ..: v' ' ~ O~ ' ... _. .~-..' & 0( ...."...... \ ' .. 1 '1iJ.~ . "',:? ~~. ...... ...... 'V ... :fil~ /V',4,; 'yo .: ~ . WI # ... .. ~~ " , . ~ ~ ~j1.,p,: ,\~~ .., . !el!ij II '"' r ~/ ~~:./' "fl.~~,'~ f . ..:if '4" 'I. j( .,.' ~ 6'~', S ~ ., -." '.." ,~ Iii ;:/..J ~.:: ~- -- . I . "<1'......... ~ ~#. ,,~~-_ I ; , , .. . '" ~~ ~~...~ ~ ..~ J : .s , .,.. I: b . '\~. :'" " ~~.", ~ ~:~/' 'I :s\,s' ~. ~':,p" ~// . " *~ J'l~ ,. 11/ ',<; ,(/ . ~~~.~ ",' ,'If/ . . ~.~ h" ""~" ~ ~ ,,#/ .a. ,'/""";' ,~ ,.....;%Y'{ 'Y/'~ " ,~,~~\.~ ::%::?~~S~ y' ::%: /,,/,' 0'" ---,~ ..._-_-=..-......~ I \ 10: .....riE!!i..;e. a.: 11 . ~ N ~ - N 8 . - ::... , ~ -< (:) U en ~ ~ \0 o o N :c ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ U ~6 ooU ~~ ~~k~ o~ f=~ <3~~ O~N~ I I I I I I I I I I I I I I I I I ~ 'OAI(~~ I C) ~ .:>.. - ...... rn (3 {; ORIGINAL I I I I I I I UJ ~ ~ I < \.:i Z :i I I ~ ~ ::l ffi ~ '" I ~ ~ ~ ~ z u I ~ ~ u I ~ ~ r/J. t; I ~ ~ I ~ r/J. ~ I ~ Vl IJ.l i ~ VlZ ,..,0 o IJ.l ....~ ~~fr1 !=: ~ZSZ~Cl t::;:lOt..:)~ClUW<<;:l...J >H;; Z Z u.l Z ~ IX) t; H ~~ ~~~~~~, g2~~~~ o-lGj~IJ.lOIJ.l:.q;~:lO>-O <(I)~u.lU~~<zt:;:~~ IJ.l ~~O~::C: G:l IJ.l ~~g~~~ld~E~~ID z~t!=r:::~uu.:::io(3:lfS 8,~~~lfj'~,ID~~~~, ~~ ~w~~d3~~~fr1~~HS !5 ~ >-<051f1 .. ~ o;:S Cia ~ ~ ~i= 1:;;, ;1 ~ uS ~ o-lO~~z::c:=<~~~a::~~ ~ ~~Zi~~~~o~~~~8 w~ ...Jo g::c: ~~ ~~a: ~ ~~~~ (I) .(1) . ;s;1:;;~t; ~ ~ z ~ z@ .. ~ 00\1 ~ i i . lIil,\\iIS ll!lll1l1.L V.ISl;\ VNlIllll.lt'X3 rm~ 'y ,1Iol",,1;; " Z "'I;: " ':S::l I ~ ~ Iio :l: ~ ~ '<nI mrt1v's ~.~ , ~~ , b!!i! ",::l ~~ :: " i:S I I " __--.JL- __ ---,,-- II II ! U ~ Iio . - ,~ ~-- " ---:.::. II ~ ~ - N ~ .' - .I .... 8 o N 1: Co < ~ ~ 0 ~ ~ ~ ~ ~ r/1 ~ ~ ~ ~ ~ ~ U Z NO obu ~~ ~~ ~~ <s<et~ ~ >< ~ 00~NAL I I I I I I I I I I I I I I I I I ~ 'Of>..k~1 I o ~ ~ iii I - ,... Q 0 OA1<l1t\i^~ I I I I I I I I I I I I I I I I PARKS AND OPEN SPACE 9 PARKS AND OPEN SPACE Parks, Open Space, and recreation facilities are very important elements in the West Ming Specific Plan. The parks and open space include water elements, open space areas, parks of various sizes, and trails. The West Ming development will provide public and private parks, open space, and water elements. Residential areas will include features such as water elements, 'pocket parks', and green strips to be determined by the developer at the time of subdivision mapping. These public and private parks, water elements, and "green strip" open space areas, provide park area significantly in excess of all City requirements. Implementation Measure P,1 All park and open space areas will be improved by the developer. 9.1 PUBLIC PARKS A minimum of 56 acres of public park area will be provided for the West Ming project. Public parks will be provided in accordance with the acreages and general locations established by the Public Open Space Plan (Exhibit 9,1). The Einallocations and sizes of the public parks will be determined at subdivision approval. However, the location and sizes of the individual parks must meet the general parameters established by the following provisions and the Open Space Plan. Public Parks will be provided within Villages A, C, D, E and F. These parks must be a minimum of six (6) acres in size but may be sized greater than six (6) acres in order to provide a total of 56 acres of public park area. Typical amenities include bathrooms, tot lots, courts with no sport lighting, water elements, trails, shade structures, landscaped areas, and/or other park or open space elements, or combinations thereof. An Active Park will be provided in Village B and will be a minimum of 15 acres in size. The Active Park will count toward the total public park acreage requirement and may be sized greater than 15 acres. This park will be primarily used for active, organized sports to be determined in consultation with the developer and the City. Public parks will be improved by the developer and will be dedicated to the City. The exact locations and sizes of the individual public parks will be determined at subdivision approval. However, unless otherwise approved by the City of Bakersfield, these parks must be located and sized in accordance with the Open Space Plan. To meet the 56 acre total public park requirement, one or more of the public parks must exceed the minimum size requirements. The following provisions have been April 2006 J ,?>Ak~'9 C 87- m o r- b ORIGINAL PARKS AND OPEN SPACE established to ensure that the public park requirement is met and to provide a mechanism for monitoring construction timing. Implementation Measure P,2 Public parks will be dedicated to the City. The exact locations and sizes of the individual public parks will be determined at each applicable subdivision approval. Unless otherwise approved by the City of Bakersfield, the public parks must be located and sized in accordance with the Open Space Plan and/or in accordance with the provisions of Section 9.1.1. Implementation Measure P,3 The developer shall submit a table that monitors the public park acreage provided with each applicable tentative subdivision map. The monitoring table shall require at a minimum, the total acreage of public park area provided in the village ( s) and the remaining acreage necessary to reach the 56 acre total. Implementation Measure P,4 Public park improvements within the individual villages shall be completed on or before the time approximately sixty percent of the area within a village has been approved for tentative subdivision. The area of each village is defined in Table 3.1. This provision shall be monitored by the developer through the annual progress report required by the Development Agreement. Implementation Measure p,s Subject to approval by the City of Bakersfield, the developer may propose to have the public park areas maintained by the homeowner's association and/or maintenance district. 9.1.1 Minor Adjustments to Final Park Locations The public parks shall be located within the Villages indicated by the Open Space Plan. Minor adjustments to the final park locations are subject to review and approval by the Planning Director or his/her designee and the Parks Director or his/her designee. Minor adjustments to final park locations do not require an amendment to the Specific Plan but must meet the following criteria: . The park must be centrally located within the village and adjacent to a collector street to ensure it is easily accessible to the area it is intended to serve. A central location can be near or adjacent to a village boundary if it is located in such a way that it also serves the adjacent village. . Minor adjustments to the locations of the public parks within a village will be considered if the change will continue to provide a logical location for the park, as determined by factors such as accessibility and more functional boundaries with the surrounding residential area or April 2006 88 I I I I I I I I I I I I I I I I I c:S< 'Of>..k~1> I >- ~ ..... - _ m <..) r- ORIGINAL I I I I I I I I I I I I I I I I I I I I ~ ~ ~ u ~ e= u ~ ~ rn o ~ ~ ~ rn ~ ~ .S! ~ il ~ .s :Cl!:5! - .s l " e 'D ~ -<=- '" a~~ ~ f-=- 1 1.\,- ..!IS i r: Ii >u ,S! I ~ 'D ~ '" on .. .s ., 8 ~ ~ 'D e t'~ a t . .t:l e ~ Q 'D ,s g e OJ ~ ';; < e 'S: = ~ 'S ~ r'-l .:ll 'e .:!l vii .. 'a u 'D ii 5 . =- ~ ~j u .. - l~ ,Q = al :!:! =- ]~ '" " .8= < 'D ij e u "'ii ~'S "'- " . :.::0... .D '" :l 0 ....- .s~ "' 'Sa ~ 5~ ll. e..-. .!:! 15 ...; :g v il 8'2' ll. . ... .., ~ ~ ~ :.: ~ < Cl ~ ~ < 0 Cl a:l ~ ~ j 0 ~ a:l ll. \<l U U c.':l ti: ::l ll. i:l. l'Il ~! I 0\ Q I ~i .....:l\ . ----' , (il ..----.....---7 UJII ~II ~II '" ;1;11 :311 0- ~II UII II avO'll V.LSIA VNIDll ~ ~ t:., ~ :'i ;::l :::.: ...:l E.... ::s~~ ~!:SE--; g.., ~ l';j Q .1"'-" .I / 1.33}1iS 31i~H~U~I"\ - ,,-,11 ~II ~II ;:l ~II elll ;E II -< 011 II avO'll N:rrTV H.lf1OS Q ~ :'i ;::l :::.: t.:.:l ~ :'i ;::l :::.: ~ ~ ::i ;::l ::.: ~ t"I ~ ~. " ... ~ ~ b U V,) ~i ~L ... II 8 N :c ~ o ~ -l ~ I< u. o ~ z o ~ ~ i ~ ~ ~ ~ U ~ rn ~ffi ~P-4 ~O ~u CQ~ ~S I~ ORIGINA I I I I I I I I I I I I I I I I I I ~ 'O"'k~'9 o ~ I >- - f- m - r- o 0 ORIGINAL I I I I I I I I I I I I I I PARKS AND OPEN SPACE . neighborhood, defining features of the plan, parcel lines, and/or street alignments. Implementation Measure P,6 The Planning Director or his/her designee and the Parks Director or his/her designee shall consider minor adjustments to final public park locations at such time that applicable subdivision maps are under review by the City. 9 .2 PRIVATE PARKS AND OTHER OPEN SPACE In addition to public parks, this project will provide an abundance of private parks and other open space areas. The major private parks include the West Ming Central Park, recreation centers and a lake. Five two,acre recreation centers will be provided. These private recreation centers may contain swimming pools, spas, tennis courts, community buildings, picnic areas, tot lots and other similar community and neighborhood facilities. The amenities contained in each individual recreation center will be programmed to meet the specific recreation and community facility needs of the village in which they are located. The private recreation centers will be located within Villages A, C, D, F, and the Village Center. One five acre lake with public access will be provided. This five acre lake will be located in the Village Center District and although it will be private, it will be accessible to the public by means of the trail system. The lake will be constructed within the Town Center portion of the project. The West Ming Central Park will be approximately 20 acres in size and developed generally within the Village Center District over the existing 50 foot wide gasline easement that traverses diagonally across the project site. West Ming Central Park will be a strong visual amenity that will be an important open space and park asset to the community. West Ming Central Park will accommodate a wide variety of community events such as art shows, bazaars, and unstructured activities such as picnic and fitness par courses. Other open space areas will be provided within the various villages. This will include mini parks, pocket parks, and other similar elements. However, details for these open space areas will be provided with individual subdivision maps. Exhibit 9,2 Private Open Space Plan provides a plan for the general locations and sizes of the major private park elements that are described in detail in this section. April 2006 O~ Ak~'9 ~ >- ~ ~ ORIGINAL P ARKS AND OPEN SPACE Implementation Measure p, 7 The Einallocations and sizes of the private parks will be designed by the developer with individual subdivisions, which are subject to review and approval by the City. The private parks will be constructed in conjunction with surrounding development and will be maintained by a homeowner's association( s) andlor other maintenance district. April 2006 92 I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - ..... m - r- o 0 OfllGINAL I I I I I I I I I I I I I I I I I I I I .. ~ ~ ~ s ~ .. ~ ~ ~ 0( = '" III '" .., ~~ j l'l '" 0 ~ ;::: Ii l'l >u "" l'l . II> E "-l t'~ . >. El .0 El ~ 0 l'l I = 0( rI.l ~ ~ e · .a u l'l =- .- ~ :::; .... . ... ... .. cc =- < l'l ~ llo i ] 5 5 u u 5 OIl .5 .! :::; " ~ ?l t> ~ ~ ~ ~ ~ U 1--4 ~ 1--4 U ~ ~ r/1 o ~ ~ ~ r/1 ~ ~ ~ ~ ~ ::Ii ~ ~ ~ 0( CI ~ IX ~ ~ "" I- 0( 0 I- ~ CI CQ ~ U ~ j U ~ 0 _..--~-_..,. ~.~) .7 0 CQ llo 2: ~ "" U :::; 0 ~ I- ~ ~ :s u rIl ~ ..J "" eli "" :s > llo ~ rIl UJII z: ~II ~! I I ~II 0: I 01] '" ~; ;:;11 ~i . ~II 0.. ~II vII II av01l. V l.SlA VNIDlI ~ ~ ~ ~ ts :s 8:1 ~ - ::..: .,"-" .I / i3]1l.LS 3ii~n~(I~L\\ - e" ~II ~II 211 ffill '" ::;;11 -( 011 II l...;j E-. .:"': l) '1 ~~~ .~ E::a . ~ Q I I 0v01l. N311VH.ll1OS 8D Q ts :s ~ ::..: -..: ~ :s ~ ::.: ~ N ~ - t;;l ~ =-- 8 b V'J ~ ~ . 8 l'l '2 Q" 0( ~ ~ ..l ~ u Li: U ~ z o ~ ~ ~ 8 ~ 0.. ~ ~ ~ ~ U ~ r/1 ffi N~ ~O ~~ 05~ ~~ ~~ 5~ ~ ORIGINAL I I I I I I I I I I I I I I I I I ~ fQt>.K~~ I o ~ >- ~ ~ bl ORIGINAL I I I I I I I I I I I I I I I DEVELOPMENT STANDARDS 10 DEVELOPMENT STANDARDS 10.1 COMMUNITY DESIGN A key aspect of the planning vision for the project is building a community that celebrates the City of Bakersfield's and San Joaquin Valley's older historic neighborhoods with their rich architectural diversity and beautiful landscapes. Additionally, the West Ming Specific Plan is based on a strong emphasis of attention to design detail and execution of the vision. The plan envisions a master planned community that is pedestrian oriented and features a system of open space, parks, recreation areas and community facilities. Included as part of the Specific Plan are development standards which cover key aspects of development including site development, street design, permitted uses, landscape and open space to ensure that development will be consistent with the vision and planning principles established in this Specific Plan. 10.1.1 Design Context Detailed Architectural Design Guidelines for all development within the Specific Plan will be provided with the Declaration of Covenants, Conditions and Restrictions (CC&::Rs) during the subdivision phases of this project. The Architectural Design Guidelines will address in detail; themes, building forms, architectural styles, color combinations, compatible materials, etc. The Architectural Design Guidelines will supplement the development standards included in this Specific Plan to ensure that developments will reflect a variety of compatible elements to avoid monotonous neighborhoods and will embody the goals and principles established within the Specific Plan. In addition the CC&:Rs will contain provisions for the establishment of an Architectural Review Committee (ARCt The purpose of this committee is to ensure that the Architectural Design Guidelines for all development within the Specific Plan, and any other restrictions or standards imposed by the CC&:Rs are administered in conformance with the CC&:Rs. Standards adopted pursuant to the CC&:Rs will provide the minimum basis for review by the Architectural Review Committee. Implementation Measure DS~ 1 As a condition of recordation of any subdivision map, each lot shall have recorded appropriate CC&:Rs approved by the Planning Department and the City Attorney pursuant to Bakersfield Municipal Code section 16.36.020. The CC&:Rs shall include Architectural Design Guidelines consistent with the design principles and development standards contained in the Specific Plan. 6 Additional details regarding the ARC are provided in Chapter 12 ~ 'OM '9 C> ~ >- - ..... m (1 95 G ORIGINAL April 2006 DEVELOPMENT STANDARDS Implementation Measure DS,2 The City shall not be responsible for reviewing development proposals for consistency with the Architectural Design Guidelines. However, ARC approval is required by the City prior to the issuance of building permits unless otherwise provided for in the CC&:Rs. 10.1.2 Design Principles The following design principles shall be used to guide the creation of the detailed Architectural Design Guidelines for developments within the West Ming Specific Plan area. 10.1.2.1 Architecture The architectural styles for buildings in each of the villages shall provide a blend of building forms, massing, scale, and character that creates a pedestrian,oriented environment meant to be viewed and experienced on,foot rather than from the car. Streetscape facades shall be comprised of a series of human, scaled wall segments, rather than monolithic wall expanses, to provide a comfortable and pleasant pedestrian experience. Articulation of building openings, roof, parapet and floor lines and changes in wall plane shall be used to provide visual interest and contrasts in light and shadow. Many design techniques can be utilized to achieve these objectives such as the use of porches facing the street, and in some areas, buildings with rear loaded garages. Architectural styles for the commercial components of the project shall provide for a feeling of compatibility of design within each commercial development. The designs shall complement the vision of the project and shall provide for interesting and pedestrian friendly development. 10.1.2.2 Streets Streets are intended to be an integral part of the community design and require careful design of the roadway, parkway landscaping and the architectural treatment and location of the homes fronting on that street. An important design element in some areas is the careful siting of the garage so as not to dominate the street scene. Similarly, it is important to create architectural interest and variety in the streetscapes by designing diverse but harmonious building types and elevations. Utilizing the street sections provided in the Specific Plan, a hierarchy of different internal thoroughfares (roads, streets and pathways) shall be established that are pedestrian friendly, traffic,calmed, and include attractively landscaped parkways, pedestrian crossings and good overall connectivity to effectively distribute traffic throughout the community. Attractive street trees that provide canopies and April 2006 96 I I I I I I I I I I I I I I I I I ~ 'Of>..k~'9 I o ~ >- - ..... m _ r- <.) 0 ORIGINAL I I I I I I I I I I I I I I I I I I I DEVELOPMENT STANDARDS landscaping along the streets and roads are an important element of the design fabric of the community. 10.1.2.3 Entryways Major entrances into the development from Allen Road, Ming Avenue, and White Lane shall be identified by the creation of gateway features. These entry features will establish a visual introduction and statement as to the intended character of the Specific Plan area. Gateways shall utilize a combination of natural and hardscape landscaping, decorative walls or subdued signing that will be privately maintained. Each of the neighborhoods located off the major collectors shall be identified with individualized signing and/or enhanced landscape treatment. Signing should be developed within landscape areas or on decorative wall surfaces. 10.1.2.4 Parks, Open Space and Recreation Parks, open space and recreational facilities are featured elements of this Specific Plan. These outdoor spaces, particularly parks and recreational facilities, shall offer attractive and inviting pedestrian scale features, spaces, and amenities such as: . Seating areas and shade structures; · Water elements; · Attractive landscaping; · Tot lots; . Connected pedestrian walkways; and · Street trees. As discussed in further detail in the Parks and Open Space chapter, the open space network will include a variety of distinct parks including; . Public parks; . A large central park interconnected with smaller neighborhood parks as well as to the Village Center and the Kern River Bicycle Trail; Private neighborhood parks; . . Private mini parks and recreational centers; and . A lake. April 2006 ~ 'Q~KS'~ o % .:... - I- m - r- <.) D ORIGIN~7 DEVELOPMENT STANDARDS In addition a bicycle and pedestrian trail system shall serve as a unifying link between parks, open space areas and activity centers. The trail system is discussed in more detail in Chapter 4. The guidelines shall include language to ensure that internal neighborhood trail systems are connected to the main trail system described in this Specific Plan. 10.1.2.5 Lighting The use of diverse lighting types and methods ensure that the Specific Plan area's unique character is apparent during the day when the fixtures are plainly visible and at night when the fixtures illuminate walkways, buildings, landscaping, signage, and parking. However, lighting design must balance the need to complement community design elements with the need to address public safety. In addition it is important that all lighting fixtures are appropriate in scale, intensity, and height to the use it is serving to further contribute to the pedestrian experience and to minimize impacts on adjacent uses. To the extent possible, lighting shall be designed to minimize spill over and to be energy efficient. 10.1.2.6 Green Building Techniques Green Building is a benefit to the community and the region. It provides for resource efficiency and is an environmentally sensitive approach to building. Higher energy efficiency means less utility operation, and less utility operation means less air and water pollution. It also encourages conservation of water resources, preserving of the old growth forests, and recycling as much construction waste as possible. Green building techniques shall be utilized by the builder( s) and include: 98 . Designing and building homes to exceed 2005 California Title 24 standards by a minimum of 15 percent and meet the California Green Builder Requirements, which includes professional design and 3rd party independent testing. . Adopt Building Industry Institute's (BII) waste reduction guidelines and work with local jurisdictions to divert 50 percent of construction waste from landfills to recycling. Where diversion and recycling are unavailable, builders shall agree to work without penalties with jurisdictions and the BII to overcome market barriers. Reduce water consumption by utilizing innovative indoor plumbing designs and outdoor drip/mist irrigation for landscaping. Reduce wood use by employing engineered wood systems where practicable. . . 'Q~K~ A ril 200~ -9~ p '- ~. t: r.n o D ORIGINAL I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I DEVELOPMENT STANDARDS 10.2 RESIDENTIAL DEVELOPMENT STANDARDS Table 10.1 outlines the General Development Standards for the West Ming One Family Dwelling Zone (WM~Rl); Table 10.2 outlines the General Development Standards for the West Ming Limited Multiple Family Dwelling Zone (WM~R2), and Table 10.3 outlines the General Development Standards for the West Ming Limited Multi~Family Dwelling Zone (WM~R3). TABLE 10.1 WM~Rl DEVELOPMENT STANDARDS 3,150 sf 35 feet 90 feet 35 feet 15 feet 2,000 sf 23 feet 80 feet 35 feet 15 feet Minimum lot area Minimum lot width Minimum lot de th Maximum buildin hei ht Front yard setback to main strUcture Front yard setback to ara e 0 enin Rear yard setback to main strUcture Rear or side yard setback to ara e 0 enin Side yard setback, interior lots Comer lot side yard setback Distance between buildings, including buildin son ad'acent lots Distance between dwelling unit and accessory buildin Distance between accesso buildin s May be reduced to five feet if not more than forty-five percent of the lot is covered by buildings or structures. 2 To ensure that vehicles parked in garage driveways do not block lane access, garage openings must be set back a minimum of 20 feet to accommodate said parking, or the garage openings must be set back at 8 feet to allow adequate maneuvering area to and from the lane without presenting the opportuniry to park in the driveway. Garages that are set back at 8 feet must incorporate roll up doors. The CC&:R's for each residential tract will contain detailed parking restrictions, The CC&:R's for tracts which permit garage setbacks which are less than those required by City ordinances will prohibit parking parallel to the street in residential driveways. The CC&: R's will contain provisions permitting the association to assess fines a ainst offendin residents, and to tow ille all arked vehicles. 20 feet 20 feet 25 feet or 20% of the depth of the lot, whichever is lessl 8 feet or 20 feet 5 feet 5 feet or 20 feet 5 feet None 10 feet 10 feet 10 feet 10 feet 3 feet 3 feet 3 feet 3 feet April 2006 'QMS'. cJ "1\ >- - ~ 99 ~ J D ORIGINAL DEVELOPMENT STANDARDS I TABLE 10.2 WM~R2 DEVELOPMENT STANDARDS I I I Rear or side yard setback to garage o enin Side yard setback, interior lots Comer lot side yard setback Distance between buildings, including buildings on ad' acent lots Distance between dwelling unit and accesso buildin Distance between accesso buildin s May be reduced to five feet if not more than forty-five percent of the lot is covered by buildings or structures. 2 To ensure that vehicles parked in garage driveways do not block lane access, garage openings must be set back a minimum of 20 feet to accommodate said parking, or the garage openings must be set back at 8 feet to allow adequate maneuvering area to and from the lane without presenting the opportunity to park in the driveway, Garages that are set back at 8 feet must incorporate roll up doors. The CC&:R's for each residential tract will contain detailed parking restrictions. The CC&:R's for tracts which permit garage setbacks which are less than those required by City ordinances will prohibit parking parallel to the street in residential driveways. The CC&: R's will contain provisions permitting the association to assess fines against offendin residents, and to tow ille all arked vehicles. Minimum lot area 3,150 sf Minimum lot width Minimum lot de th Maximum building hei ht Front yard setback to main structure Front yard setback to ara e 0 enin Rear yard set back 35 feet 90 feet 35 feet 15 feet 20 feet 25 feet or 20% of the depth of the lot, whichever is lessl 8 feet or 20 feet 5 feet 10 feet 10 feet 3 feet 3 feet 100 2,000 sf 3,500 sf; 1,600 sf per unit for 3 or more units 23 feet 35 feet 80 feet 60 feet 35 feet 55 feet 15 feet 10 feet 20 feet 20 feet 5 feet 10 feet 5 feet or 20 feet 8 feet or 20 feet None None 10 feet 10 feet 10 feet 10 feet 3 feet 3 feet 3 feet 3 feet I I I I I I I I I I I I I ~ 'Q~K~~ April 2006 ~ ~ - r- <.) D ORIGINAL I I I I I I I I I I I I I I I DEVELOPMENT STANDARDS TABLE 10.3 WM~R3 DEVELOPMENT STANDARDS Rear or side yard setback to garage o enin Side yard setback, interior lots Comer lot side yard setback Distance between buildings, including buildings on adjacent lots Distance between dwelling unit and accesso buildin Distance between accesso buildin s May be reduced to five feet if not more than forty-five percent of the lot is covered by buildings or structures. 2 To ensure that vehicles parked in garage driveways do not block lane access, garage openings must be set back a minimum of 20 feet to accommodate said parking, or the garage openings must be set back at 8 feet to allow adequate maneuvering area to and from the lane without presenting the opportunity to park in the driveway, Garages that are set back at 8 feet must incorporate roll up doors. The CC&:R's for each residential tract will contain detailed parking restrictions, The CC&:R's for tracts which permit garage setbacks which are less than those required by City ordinances will prohibit parking parallel to the street in residential driveways. The CC&: R's will contain provisions permitting the association to assess fines a ainst offendin residents, and to tow ille all arked vehicles, Minimum lot area Minimum lot width Minimum lot de th Maximum building hei ht Front yard setback to main structure Front yard setback to ara e 0 enin Rear yard setback 35 feet 90 feet 35 feet 15 feet 20 feet 25 feet or 20% of the depth of the lot, whichever is lessl 8 feet or 20 feet 5 feet 10 feet 10 feet 3 feet 3 feet April 2006 2,000 sf 6,000 sf; 1,250 sf per unit for 5 or more units 23 feet 35 feet 80 feet 60 feet 35 feet 55 feet 15 feet 10 feet 20 feet 20 feet 5 feet 10 feet 5 feet or 20 feet 8 feet or 20 feet I. 'Q Kf<9 0- '~ ~ f\i <3101 1; ORIGINAl" None None 10 feet 10 feet 10 feet 10 feet 3 feet 3 feet 3 feet 3 feet DEVELOPMENT STANDARDS In addition to the development standards outlined in Tables 10.1, 10.2, and 10.3 the following will apply to all development projects proposed within the West Ming One~ family Dwelling Zone (WM~R1), the West Ming Limited Multiple Family Dwelling Zone (WM~R2), and the West Ming Limited Multi~Family Dwelling Zone (WM~R3): . All permitted and conditional uses shall be subject to site plan review as provided in Chapter 17.08 of the Bakersfield Zoning Ordinance, with the exception of one~family dwellings which do not require site plan review. . Off~street parking and loading shall be subject to the requirements of Chapter 17.58 of the Bakersfield Zoning Ordinance. Townhomes shall be subject to the parking requirements for "Multiple~family dwellings and condominiums", Deviations from Chapter 17.58 may be approved as modifications in accordance with the provisions of Chapter 17.64 of the Bakersfield Zoning Ordinance. 10.3 COMMERCIAL DEVELOPMENT STANDARDS Table 10.4 outlines the General Development Standards for the West Ming Professional and Administrative Office Zone (WM~CO), the West Ming General Commercial Zone (WM~GC), and the West Ming Town Center Zone (WM~ TC) TABLE lOA COMMERCIAL DEVELOPMENT STANDARDS None 60 feet None None None None None 60 feet None None None None None 65 feet None None None None In addition to the development standards outlined in Table 10.4, the following will apply to all development projects proposed within the West Ming Professional and Administrative Office (WM~CO), the West Ming General Commercial (WM~GC), and the West Ming Town Center (WM~TC) zones: . All permitted and conditional uses shall be subject to site plan review as provided in Chapter 17.08 of the Bakersfield Zoning Ordinance. Off~street parking and loading shall be subject to the requirements of Chapter 17.58 of the Bakersfield Zoning Ordinance, Townhomes shall be . 102 April 2006 I I I I I I I I I I I I I I I I I 1 ~ 'Q~K~-9 C) % ;: "'I (3 b ORIGINAL I I I I I I I I I I I I I I I I I DEVELOPMENT STANDARDS subject to the parking requirements for "Multiple~family dwellings and condominiums". Deviations from Chapter 17.58 may be approved as modifications in accordance with the provisions of Chapter 17.64 of the Bakersfield Zoning Ordinance. . Live/work developments? shall provide parking in accordance with Chapter 17.58 of the Bakersfield Zoning Ordinance. Parking spaces for the residential portion of the development must be located on site. Parking spaces for the ground floor office/retail/commercial area may be provided on a separate lot located within 500 feet of the building, and may be uncovered. If the ground floor office/retail/commercial area is converted to a separate dwelling unit, the parking for that dwelling unit may also be provided on a separate lot located within 500 feet of the building, and may be uncovered. . All buildings used exclusively for dwellings purposes shall comply with the provisions of the WM~ R3 zone. . Open storage of material and equipment permitted in the WM~CO, WM~ GC, and WM~ TC zones shall be surrounded and screened by a solid wall or fence, including solid gates where necessary, not less than six feet in height, Materials shall not be stacked above the height of the screening. . Where a one~family dwelling project or residential zone faces a parking lot, driveway, delivery area and/or loading area of a commercial development, adequate screening shall be installed, Screening shall include a wall or fence that is a minimum of six feet in height as measured from highest grade and a landscape area at least seven feet in width. Trees shall be installed in this landscape area in accordance with Section 17.61.020 K of the Bakersfield Zoning Ordinance. . Roof top areas of commercial structures shall be completely screened from view by parapets or other finished architectural features constructed to a height of the highest equipment and unfinished structural element or architectural feature of the building. 10.4 SPECIAL USE DEVELOPMENT STANDARDS Table 10.5 outlines the General Development Standards for the West Ming Special Use Zone (WM~SU) 7 See Section 13,2.6 for the definition ofa Live/Work unit. April 2006 ..x 'Q K~~ q03 % .:... - I- m _ r- <.) D ORIGINAL DEVELOPMENT STANDARDS TABLE 10.5 SPECIAL USE DEVELOPMENT ST ANDARnS None 75 feet 10 feet None None 10 feet In addition to the development standards outlined in Table 10.5, the following will apply wall development projects proposed within the West Ming Special Use (WM~ SU) zone: . All permitted and conditional uses shall be subject to site plan review as provided in Chapter 17.08 of the Bakersfield Zoning Ordinance. Off~street parking and loading shall be subject to the requirements of Chapter 17.58 of the Bakersfield Zoning Ordinance. Deviations from Chapter 17.58 may be approved as modifications in accordance with the provisions of Chapter 17,64 of the Bakersfield Zoning Ordinance. . . Open storage of material and equipment permitted in the WM~SU zone shall be surrounded and screened by a solid wall or fence, including solid gates where necessary, not less than six feet in height. Materials shallnot be stacked above the height of the screening. . Where a residential zone faces a parking lot, driveway, delivery area and/or loading area of a special use development, adequate screening shall be installed. Screening shall include a wall or fence that is a minimum of six feet in height as measured from highest grade and a landscape area at least seven feet in width. Trees shall be installed in this landscape area in accordance with Section 17.61.020 K of the Bakersfield Zoning Ordinance. . Roof top areas of commercial structures shall be completely screened from view by parapets or other finished architectural features constructed to a height of the highest equipment and unfinished structural element or architectural feat~e of the building. Refer to Section 1 , 4 of this Specific Plan for provisions relating to drill islands and produc Ion of petroleum and gas. . 104 April 2006 I I I I I I I I I I I I I I I I I ~ <oM~-9 I o % ~ m uORIGINAf I I I I I I I I I I I I I I I I I I DEVELOPMENT STANDARDS 10.5 ADDITIONAL DEVELOPMENT STANDARDS 10.5.1 Height of Buildings.. Roof Structure, Chimneys and Towers A. No penthouses or roof structures for the housing or screening of elevators, stairways, tanks, ventilating fans, or similar equipment. shall exceed the height limits outlined in the Specific Plan Zoning Regulations, Towers, steeples and architectural features associated with Conditional Uses in the WM~Rl, WM~R2, and WM~R3 zones may, in conjunction with the approval of the Conditional Use Permit, be permitted to exceed the maximum height limits outlined in the respective zones, up to 15 feet. In addition, towers, steeples, and architectural features may be allowed to exceed the maximum height limits, up to 15 feet, within the WM~CO, WM~CG, WM~TC, WM~SU, at the time of approval of a site plan review, B. Radio and television masts, flagpoles, public utility poles and lines, chimneys and smokestacks may extend not more than thirty feet above the height limit outlined in the Specific Plan Zoning Regulations; provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. C. Overlooks into residential rear yards shall be subject to the requirements of Bakersfield Zoning Ordinance, Section 17.08.090. 10.5.2 Accessory Buildings A. Accessory buildings or structures may be located within an interior side or rear yard area in any residential zone district or project of a residential nature, provided they do not exceed a height of seven feet, and/or an area of one~hundred twenty square feet. B. Accessory buildings or structures exceeding a height of seven feet and/or an area of one~ hundred twenty square feet in any residential zone district or project of a residential nature, shall not be located nearer than five feet, or the applicable setback distance, whichever is less, to any interior side or rear property line. C. Accessory buildings and structures within the West Ming commercial, open space, and special use zones shall be subject to the applicable development standards of the zone within which the accessory building is to be located. D. No accessory buildings or structures shall be located within any required street side yard or front yard area. 10.5.3 Yard Encroachments A. Cornices, canopies, carports, eaves, patio or porch covers, or other similar architectural features not providing additional floor or interior space within the building may extend into a required front, side or rear yard not to exceed three feet. This encroachment may include structural supports to the ground, however, the open area of the longest wall and one additional wall of a carport, patio, porch or similar enclosure shall be equal to at least sixty~five percent of the area of each ~ 'Q~K 'S> () % ~ .- I- "" ;; 105 {; ORIGINAL April 2006 I I I I I I I I I I I I I I I I I ~ 'QAK~1> I o % >- - !... ~ I (.) D ORIGINAL DEVELOPMENT STANDARDS wall. Openings may only be enclosed with insect screening or similar material that allows unrestricted outside air circulation. B. Open unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, with the exception of guard rails as may be required by the building director, may extend into any front, side, or rear yard not more than six feet. C. Deviations from the yard encroachment provisions may be approved at the time of site plan review. D, Detached garages may be constructed along a rear and/or side yard property line, and may include a second story for a den, office, artist studio, or similar accessory use. 10.5.4 Drilling For and Production of Petroleum and Gas Chapter 15.66 of the City of Bakersfield Ordinances provides for certain regulations with regard to the production and exploration of petroleum and gas, Included is Section 15,66.080 which addresses situations where development encroaches into petroleum producing areas. The ordinance requires that a plan be developed showing how all existing petroleum related facilities will be protected and integrated into the proposed development so as said facilities will satisfy the applicable development standards. The plan must also contain notice and deed restriction provisions. The specifics of a plan to deal with such petroleum facilities will be submitted at the time of submittal of any subdivision map for approval. However, the following general policies are adopted with respect to all such facilities which may be encountered during the buildout of the Specific Plan. . Restrictive Covenant: Any buildable lot containing an area which may not be built upon under the requirements of the particular subdivision, shall be encumbered by the developer with a deed restriction specifying the area so encumbered and identifying the name and location of the well causing the encumbrance. . Notice: When a final map is recorded, the subdivider shall concurrently record a covenant affecting all real property within the subdivision that is within five hundred feet of the petroleum facilities, disclosing the existence and location of the petroleum facilities. . When a final map is recorded, the subdivider shall comply with the applicable provisions of Bakersfield Municipal Code section 15,66. To ensure that all parties having record title interest in, or right to minerals, including, but not limited to oil, gas, or other hydrocarbon substances on any property proposed for subdivision in the Specific Plan area are represented, the applicant for said subdivision shall comply with the requirements of Section 16,20,060 of the Bakersfield Municipal Code. 106 April 2006 I I I I I I I I I I I I I I I I I I I DEVELOPMENT STANDARDS 10.5.5 Signs A comprehensive sign plan( s) shall be developed for developments within the Specific Plan in accordance with the Bakersfield Zoning Ordinance, Section 17.60.030. April 2006 ~ 'Q"'Ks-. o >- m ~ r- <.)OFtIGl~A~ I I I I I I I I I I I I I I I I I ~ 'Q~KS'~ I o ~ .:... - April 2006 ~ m n 0 ORIGINAL I DEVELOPMENT STANDARDS [This page intentionally left blank] 108 DEVELOPMENT PHASING I I I I I I I I I I I I I I I I I I 11 DEVELOPMENT PHASING The various areas of the Specific Plan will be developed in phases as shown in Exhibit ll~ 1. The phasing was designed to accommodate the installation of the required infrastructure. The project developer shall have the right to determine the timing of development, provided all infrastructure necessary to serve that portion or phase of the project is in place prior to occupancy of that portion or phase of the project. The phasing plan reflects current conditions, but may change at the discretion of the developer, subject to Planning Director and Public Works Director review and approval, over the extended development horizon of the project. The Phasing Plan as described in this Specific Plan may be adjusted to reflect changing market conditions or differing infrastructure needs, The various streets and other circulation elements and infrastructure extension items will be developed incrementally. The amount of the increment built shall be as required to serve the area being developed. April 2006 ~ 'Q/l.. ~~ o ~ .:... - I- m - r- ~O*?8INAt' DEVELOPMENT PHASING [This page intentionally left blank] no April 2006 I I I I I I I I I I I I I I I I I ~ 'QMS'~ I o % .:... - I- m - r- <.) D UHIGINAL I I I I I I I I I I I I I I I I I I I I ~ ~ ~ u ~ ~ ~ u ~ ~ r/'l d ~ ~ ~ r/'l ~ ~ '" ~ ~ < ~ :! -4@ (:) 8 N II /----.--.--."...-7 =-- ~ CJ'J II ~ 8 0 N 'E N c.. <: ~ ..... b 8 If'I ~ ~ ~8 t:l. ; N ~ ~ i " " ,,; ,,; ,,; ,\; ~~ A~~ ;~~' ;\' ....-" d ~ [ij!Z r/'l ~~ ~ < t:l.!E I ~ ~~ ::: ~ ffig ~ b ~ ~ ~'Q~ Vi tLJ ::J ffj ~ 0 ~[ij~CI) ~ ~ m ~:: 8 ~ ~'QH I I I I I I I I I I I I I I I I I ~AK~~ I ~ % .:... - t: ~ I <.) (;) ORIGINAL SPECIFIC PLAN IMPLEMENTATION I I I I I I I I I I I I I I I I I 12 SPECIFIC PLAN IMPLEMENTATION The West Ming Specific Plan was prepared and adopted in accordance with all provisions of State law and City of Bakersfield ordinances, policies, and procedures. 12.1 ApPLICABILITY The policies and development standards of the West Ming Specific Plan shall govern all development within the specific plan area. The development standards contained herein provide specific standards for land use development within the Specific Plan area. The Specific Plan supersedes the otherwise applicable City of Bakersfield Zoning Ordinance unless stated herein to the contrary. Whenever the provisions and development standards contained herein conflict with those contained in the City of Bakersfield Zoning Ordinance, the provisions of the Specific Plan shall take precedence. Where the Specific Plan is silent, the City of Bakersfield Zoning Ordinance shall apply. 12.2 SEVERABILITY If any provision or portions of any provision of this Specific Plan or its application to any person or circumstance are held to be invalid, the remainder of the Specific Plan and the application of that provision to other persons or circumstances shall not be affected. 12.3 INTERPRETATION If an issue, condition or situation arises or occurs that is not sufficiently covered or provided for in these regulations so as to be clearly understandable, those other regulations of the Bakersfield Zoning Ordinance that are applicable for the most similar issue, condition or situation shall be used and implemented. This provision shall not be used to permit uses not specifically authorized by these regulations or to modify the objectives of this Specific Plan. The City Planning Director shall resolve the issues, conditions or situations in a manner that is consistent with the goals, policies, and standards established in this Specific Plan. The intent is to resolve ambiguity in the regulations and ensure consistent application. 12.4 AMENDMENTS TO THE SPECIFIC PLAN Proposed amendments to the Specific Plan shall be processed in accordance with provisions of City of Bakersfield Codes and Ordinances and California State Law. Amendments to the Plan shall be permitted so as to permit the orderly development of the lands subject to this Specific Plan. April 2006 ~ <oAK '9 o Ql .:... "1\ I- m (3 113 E; ORIGINAL SPECIFIC PLAN IMPLEMENTATION I I I I I I I I I I I I I I I I I I I 12.5 SUBSTANTIAL CONFORMANCE WITH THE SPECIFIC PLAN It is recognized that as more detailed plans are prepared to implement the Specific Plan, certain minor adjustments to provisions of the Specific Plan may be required. These minor adjustments may be approved administratively at the discretion of the Planning Director provided that they are in substantial conformance with the Specific Plan and further provided that the following requirements are met: · The minor adjustment does not increase the number of dwelling units that can be constructed or the intensity of development of non residential development. · Specific Plan land uses and zones as shown in Exhibits 3~ 1 and 13~ 1 are not amended. · All applicable provisions of State Law are complied with. · The determination of substantial conformance is principally related to clarifying administrative issues and not changing standards or the plan objectives. All proposed adjustments or modifications to the Specific Plan that are determined to not be in substantial conformance with the Specific Plan by the Planning Director, shall be processed as amendments to the Specific Plan. 12.6 REQUIRED ACTIONS TO IMPLEMENT THE PROJECT 12.6.1 Environmental Impact Report The EIR is being processed concurrently with the Specific Plan and must be certified as complete prior to approval of the Specific Plan. Certification of the Environmental Impact Report (EIR) and approval of a Mitigation Monitoring Program (MMP) and Statement of Overriding Considerations must be approved concurrent with this Specific Plan. It is intended that the EIR will adequately cover all anticipated actions required to implement the Specific Plan. 12.6.2 General Plan Amendment Approval by the City Council of a General Plan Amendment is necessary to implement the West Ming Specific Plan. The General Plan Amendment is being processed concurrently with the Specific Plan and must be approved prior to approval of the Specific Plan. 12.6.3 Approval of Specific Plan Approval of the West Ming Specific Plan will occur by resolution by the City Council. ~ 'QAK~~ o % .:... - April200d:: ~ ,"\ <:::P ORIGINAL 114 I I I I I I I I I I I I I I I I I I I SPECIFIC PLAN IMPLEMENTATION 12.6.4 Approval of Zoning The Specific Plan Zoning must be approved in accordance with provisions of City of Bakersfield ordinances for each development provided for by a subdivision map. Zoning actions follow approval of the Specific Plan. 12.6.5 Approval of Subdivision Maps Subdivision Maps must be approved in accordance with provisions of City of Bakersfield ordinances. Approval of Subdivision Maps follows approval of the Specific Plan. 12.6.6 Homeowners Association The developer shall establish a Homeowners Association(s) and/or Maintenance District ( s) to maintain all common landscape areas, including private parks and private streets. Homeowners association( s) and/or Maintenance District( s) may also maintain landscape areas in public parks and public streets, subject to approval by the City and the provisions outlined in Section 12.7. As a condition of recordation of any subdivision map, each lot shall have recorded appropriate CC&:Rs approved by the Planning Department and the City Attorney pursuant to Bakersfield Municipal Code section 16.36.020., which provide for the maintenance of these areas, through the use of a homeowner's association (HOA), maintenance districts, community service districts, community facilities districts, or the like, or a combination of these financing tools. In addition, the CC&:Rs will include architectural, landscape and development guidelines and standards consistent with the objectives and standards contained in the Specific Plan. 12.6.7 Architectural Review Committee The responsibility of the ARC is to review architectural submittals for the homeowner's association to ensure consistency with the Architectural Design Guidelines contained within the CC&:Rs. This Specific Plan contains a number of design principles which are to be implemented through the review of plans submitted to the Architectural Review Committee. However, it is not the responsibility of the ARC to review or approve subdivisions, parcel maps, zoning, Specific Plan amendments, etc. The committee shall be established under the provisions of the Conditions, Covenants and Restrictions (CC&:Rs) to be recorded by the developer and approved by the City of Bakersfield as indicated in Section 12.3.6. There will be three (3) ARCs for the West Ming project. One will review and approve architectural submissions for all residential development, one will review and approve architectural submissions for all commercial development, and the third will review and approve architectural submissions for development within the Special Use District. Each ARC will consist of not less than three (3) nor more than five (5) persons as fixed from time to time by the Board of Directors of the master homeowner's association for each of the three areas. The developer, as to residential April 2006 ~ 'QAK~ o .:... lIS ~ I m - r- <.) b ORIGINAL SPECIFIC PLAN IMPLEMENTATION and commercial development, and property owner, as to development within the Special Use District, will appoint all members of the ARC at least until five (5) years after the close of escrow on the first property within the last phase of development in the portions of the project overseen by that particular ARC, or until 90<>;0 of the residential properties within the entire West Ming project have been sold to the ultimate buyers of such properties, whichever shall last occur. As part of the annual report submitted to the City of Bakersfield Planning Department, the developer shall report on the status of appointment responsibility for the ARC. The status report shall contain at a minimum the number of residential properties that have been sold and/or the date of the close of escrow on the first property within the last phase of development in the portions of the project overseen by each applicable ARC. 12.7 LANDSCAPE MAINTENANCE Subject to approval by the City, the developer may elect to have all landscaping within the City's public parks and/or rights of way in the project, including landscaping at intersections along road segments and/or within road medians, maintained by one or more homeowner's associations established by the developer. Traditionally, these landscape areas are maintained by the City of Bakersfield. The primary benefits of such landscaping flow to the residents rather than to the public at large and private maintenance of such landscaping will allow for integration of a common landscaping theme and more economical maintenance. To implement this concept, a homeowner's association(s) would be established which will be responsible for the maintenance of all common landscape areas and landscape areas within the public rights~of~way. These homeowner's associations may be separate from other homeowner's associations, or they may be the same. The exact form of such associations shall be established at the time of approval of the subdivision maps, and may include master homeowner's associations, sub~ homeowner's associations, and/or homeowner's associations set up only for the purpose of landscape maintenance. These homeowner's association( s) may not be dissolved or discontinued without prior City approval. Should private maintenance of landscaping within public rights of way be approved by the City, prior to approval of each final subdivision map associated with the West Ming Specific Plan, the developer will convey by grant deed, an easement to the City of Bakersfield for the use of the streets, as permitted by Government Code section 65870 et seq. and Bakersfield Municipal Code Chapter 12.60. This grant deed will grant to the City the right to use the streets for parking, ingress, egress, emergency access and light and air access, public services, including water, sewer, electricity, cable and other utility lines, delivery of public services, including trash collection, landscaping and open space use but will exclude the right to maintain the landscaping and open space use. The grant deed will include the fact that right to maintain 116 ~ 'QAI(~~ o tP April2~ ~ <.) t:I ORIGINAL I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIFIC PLAN IMPLEMENTATION landscaping and open space are reserved to the developer, and that such reserved rights shall be granted to the appropriate homeowner's association. The declaration of covenants, conditions and restrictions (CC&:Rs) associated with that subdivision will state that these reserved rights constitute a portion of the common area, for which the association has the duty to maintain. The Developer will also grant to public service and utility providers such easements as may be necessary for the installation of utility lines and delivery of public services for the project. Although the above~described method is preferred, in the event this process is not followed, and such streets are offered for dedication instead, then the City shall accept the offered streets upon completion of any improvements, and then enter into appropriate license agreements, right~of~way agreements, and/or easements which allow the homeowner's association to maintain the landscaping and open space contained within the public rights~of~way. Prior to contracting with private companies to maintain landscaping and open space within City rights of way, the homeowner's association will be required to execute and deliver to the City an encroachment permit or other agreement from or with the City, in a form acceptable to the City, requiring that the homeowner's association indemnify and provide insurance to the City for any claims, losses and liabilities arising out of such private maintenance. Nothing in this Specific Plan shall prohibit such associations from contracting with private companies to perform maintenance of the landscaping and open space. 12.8 DEVELOPMENT AGREEMENT In 1979, California enacted legislation authorizing local governments to enter into binding agreements with respect to development project approvals. This legislation was mainly intended to alleviate the longstanding problem of uncertainties in the multilevel government approval processes for complex and long~term development projects. The intent was to assure a developer that once a project was started, it would be permitted to be completed as approved, regardless of any intervening changes in local ordinances, regulations, or the makeup of the local governing body. A development agreement has been submitted and is being processed concurrently with this Specific Plan. Notwithstanding any other provision of this Specific Plan, development agreement means a development agreement as provided for by Government Code ~65864 to ~65869.5 or other similar form of document, agreement, or condition( s) as may be desired at the discretion of the City of Bakersfield. April 2006 ~ 'QAK ~o % f- m o r- ()8/d1r4AL I I I I I I I I I I I I I I I I I ~ 'Q~K~~ I o % ;:.... - April 200&:5 G UHIGINAL I SPECIFIC PLAN IMPLEMENTATION [This page intentionally left blank] U8 ZONING REGULATIONS I I I I I I I I I I I I I I I I I 13 ZONING REGULATIONS 13.1 GENERAL PURPOSE The West Ming Specific Plan Zoning Regulations are adopted for the purpose of promoting the health, safety and general welfare of the future residents and employees of the West Ming Specific Plan by providing zoning districts and development and use standards for implementation of the Specific Plan. Whereas this section includes the Permitted Uses (Table 13.1) for the West Ming Specific Plan, the Development Standards can be found in Chapter 10 Development Standards. The West Ming Specific Plan Zoning Regulations have the following objectives: · Implement the provisions of the West Ming Specific Plan, · Provide maximum opportunities for innovative, high quality community design and site planning consistent with orderly development and protection of sensitive and natural resources. · Identify only those uses and development standards unique to the West Ming Specific Plan. 13.1.1 Application The West Ming Specific Plan Zoning Regulations shall be applied only in the West Ming Specific Plan area. 13.1.2 References Any reference to Zoning Regulations shall mean the West Ming Zoning Regulations. The City of Bakersfield Zoning Ordinance is referred to as the Bakersfield Zoning Ordinance. 13.1.3 Resolution of Issues The development standards contained herein provide specific standards for land use development within the Specific Plan area. The Specific Plan supersedes the otherwise applicable City of Bakersfield development standards/regulations unless stated herein to the contrary. Chapters 17.10 through 17.54 are superseded in their entirety by these Zoning Regulations. Whenever the provisions and development standards contained herein conflict with those contained in the City of Bakersfield Zoning Ordinance, the provisions of the Specific Plan shall take precedence. Where the Specific Plan is silent, the City of Bakersfield Zoning Ordinance shall apply. April 2006 ~ 'QAK~~ o <p .:... "1\ I- m <3 r; ORIGl~l ZONING REGULATIONS I I I I I I I I I I I I I I I I I If an issue, condition or situation arises or occurs that is not sufficiently covered or provided for in these regulations so as to be clearly understandable, those other regulations of the Bakersfield Zoning Ordinance that are applicable for the most similar issue, condition or situation shall be used and implemented. This provision shall not be used to permit uses not specifically authorized by these regulations or to modify the objectives of this Specific Plan. The City Planning Director shall resolve the issues, conditions or situations in a manner that is consistent with the goals, policies, and standards established in this Specific Plan. The intent is to resolve ambiguity in the regulations and ensure consistent application. 13.1.4 Severability If any provision (or portions of any provision) of the West Ming Zoning Regulations or their application to any person or circumstance is held to be invalid, the remainder of the West Ming Zoning Regulations and the application of that provision to other persons or circumstances shall not be affected. 13.2 GENERAL PROVISIONS 13.2.1 Zoning Map and Zoning Process The West Ming Specific Plan Zoning Regulations implement the Specific Plan General Plan Land Use Designations for the property as shown on Exhibit 3~1. The proposed zoning for the properties within the Specific Plan area are adopted by map within the Specific Plan as shown on Exhibit 13~ 1 Zoning Map, and shall be more specifically defined upon subdivision. Minor adjustments to the zoning district boundaries are subject to review and approval by the Planning Director or his/her designee. They do not require an amendment to the Specific Plan. The following constitutes a minor zoning district boundary adjustment: · An adjustment to the boundaries of a zoning district or districts shown on Exhibit 13~ 1 which is undertaken to merely refine the Zoning Map as more detailed boundary information is available. Zoning district boundaries may need to be adjusted as a result of final alignment changes to defining features of the project such as streets, the canal, and easement areas. 120 April 2006 ~ 'Q~K~~ o % I ;:... - I- m - r- (.) t;;:) ORIGINAl I " :e. .=: f ~8 ~ ~ N ~ l:l :5 J o ~ ...J 1l ,~~ .~~ ::s:.. ::s ~ .... u ~.- ~ ~ ~ ~ ~ ~ 11\ .i ~ ~ g ~ 1 .ice: a:I ~ l:I:l ::I ; OIl OIl Ii: ,5 .5 a:I t) ::s ::s j t;:l ~~ ~ ~ 1 b 8 o !:j 8 ~:;; ~ .( ~ <:> ell! l:l ]~ ,g 8 ~S ...0 ~ ,~ ,~ ~ ::s .6 il~ ~< .i:J ~ l:l ]~ ._ OIl .5 ~ ...J1l .~~ ::s~ ~] l~ OIl] ,5 ~ ~ ~ ~8 Cl ~~IIIIII ~~ II II II II :: ~ Ilrg~ IIQ..,~ II ~;: IIUg.; i !j I l..i i j OVOl! VlSIA VN:inll '" ~ ~ ~ ~ e .! ::l ~ <::> ~ ..... ~ N <::> '" ~ :::. ;0: ::3 .... .". '" ~ ....... " r.f.l 'l:s ~ :1 ~ .. 8 <::> 8 <::> ~ <::> ~ <::> ;q ~ ~ .... .... .". 0:::.1 sa ~ ~ 3 ~ -------- ~ <q \.) I::i t<l ~ ~ ~ ~ ~ t<l ~ ~ t<lf... " ,,~ t:l ~~ :s :s ~ :s :s "-l ~!;; i:S :ll ~ ~ ~ ~ i:: s: S;.' :::.: S;.'Q ~ ::E ~ ~ ~ t:l. U ~ ~ ~ u ~ t:l. en d ~ E-- en ~ ~ ::E ~ ~ t5 3 s: 8 .... ..... . ~ t < ~ 8 !:j -- I ~ - ~d ~~ ~O ~N ~ ~(l..K~"9 c ~ .:... - I- m - r- <.) C;) ORIGINAL I I I I I I I I I I I I I I I I I I I ZONING REGULATIONS · An adjustment that will not increase or decrease the overall acreage of individual zoning districts so as to change the intent of the Zoning Map or modify the development policies and standards required by the Specific Plan. A table of acreages has been prepared based on preliminary calculations of the zoning districts as depicted on Exhibit 13~ 1. It is anticipated that minor adjustments to the zoning district boundaries will not result in gross acreages that deviate more than 5 percent from those provided in Table 13.1. · Minor zoning boundary adjustments shall not increase the number of dwelling units. The number of units must meet the dwelling unit limitations established in Section 3.5 of this Specific Plan. TABLE 13.1 PRELIMINARY ZONING DISTRICT ACREAGES WM~Rl WM~R2 WM~R3 WM~CO WM~GC WM~TC WM-SU 448 1358 43 41 9 63 220 13.2.2 Compliance with Specific Plan All construction within the West Ming Specific Plan shall comply with the provisions outlined herein, and relevant City of Bakersfield Zoning Ordinance provisions. Building and other construction permits shall be issued by the City only after it has been determined that said permit applications are consistent with the applicable provisions of the West Ming Specific Plan and the Specific Plan Zoning Regulations outlined herein. ARC approval is required by the City prior to the issuance of building permits unless otherwise provided for in the CC&Rs. 13.2.3 Hierarchy The hierarchy of applicability shall be first to the West Ming Specific Plan and these Specific Plan Zoning Regulations, and then to the applicable provisions of the Bakersfield Zoning Ordinance, and other City codes and ordinances, April 2006 <<-'Q~KS'. ~'O~K~ itS ~Rla~Ag ORIGINAL ZONING REGULATIONS 13.2.4 Site Plan Approval Process The Site plan approval process for all developments requiring site plan review shall be in accordance with Section 17.08.080 of the Bakersfield Zoning Ordinance. 13.2.5 Legal Nonconforming Uses Legal nonconforming uses, including agricultural uses, may be continued and maintained on lands within any zone until such lands are developed for uses permitted by such zone. 13.2.6 Definitions Definitions shall be in accordance with section 17.04 of the Bakersfield Zoning Ordinance except as modified or supplemented herein. Lane Lane means a private way or dedicated right of way of twenty feet or less in width that provides secondary access to abutting properties. A lane may provide access to rear loaded garages for one~family dwellings or townhomes. Live/Work Development LiveIW ork development means a development that provides for a live/work environment with ground floor office/retail/commercial in the same building as a one-family dwelling unit. The ground floor office/retail/commercial area may be used as a separate dwelling unit. T ownhome T ownhome means a one~family dwelling located on a legal lot of record that is attached to one or more adjacent one~family dwellings that are each located on their own legal lot of record. 13.3 ZONING DISTRICTS AND PERMITTED USES The West Ming Specific Plan Development Plan will be implemented by designating properties within the Specific Plan area in accordance with Exhibit 13~ 1 Zoning Map. The zoning districts are described generally as follows: . West Ming~One Family Dwelling Zone (WM~Rl): The West Ming~One Family Dwelling Zone provides for low density one~family dwellings and. townhomes. Parks, schools, and other public uses such as fire and law enforcement protection facilities are also allowed in this zone. . West Ming~Limited Multiple~Family Dwelling Zone (WM~R2): The West Ming-Limited Multiple~family Dwelling Zone provides for lower to medium density detached and attached housing as well as one~family dwellings 124 ~ 'Q~K~~ o <P April 2006 ~ ~ t.) D ORIGINAL I I I I I, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ZONING REGULATIONS townhomes, and multiple. family dwellings. Parks, schools, and other public uses such as fire and law enforcement protection facilities are also allowed in this zone. · West Ming~Limited Multi Family Dwelling Zone (WM~R3): The West Ming~Limited Multi Family Dwelling Zone provides for medium to higher density housing, primarily attached. Parks, schools, and other public uses such as fire and law enforcement protection facilities are also allowed in this zone. · West Ming~Professional and Administrative Office Zone (WM~CO): The West Ming~Professional and Administrative Office Zone allows a wide array of business and professional office uses, as well as a number of specialty retail uses. · West Ming~General Commercial Zone (WM~GC): The West Ming~ General Commercial Zone allows office, retail, and service facilities providing a broad range of goods and services to serve the day to day needs of nearby residents. · West Ming~ Town Center Zone (WM~ TC): The West Ming~ Town Center Zone will implement the core of the West Ming Specific Plan community. It allows for a mix of commercial, office, and residential uses, both vertically and horizontally, that will allow for the creation of an active community core with an active street life and a vibrant business center. Live/work developments are provided for in the WM~TC zone. · West Ming~Special Use Zone (WM~SU): The West Ming~Special Use Zone provides for industrial, office, and special uses that are not accommodated for in any other zoning designation. Mineral and Petroleum extraction are permitted within the WM~SU zone, as well as agricultural, and agricultural support uses. The following table lists permitted and conditional uses in each of the Zoning Districts. "Conditional" refers to uses requiring approval of a Conditional Use Permit. April 2006 ~ 'QM ~ o lJl ~125 ~ _ r- ~ D OAICiIN^"= V) z o ....... j ~ (j ~ (j z ....... z o N U) ILl U) N;:J ~Q ~~ ~~ fiJ ~ \ U p.. ~a p.. p.. p.. U p.. p.. p.. p.. p.. p.. p.. U p.. p.. U p.. p.. \ ~..~ p.. p.. p.. p.. p.. p.. p.. p.. p.. p.. U p.. \ U p.. ~g p.. p.. p.. p.. p.. p.. p.. p.. p.. p.. ~ \ Cl.I ~.8 p.. p.. p.. u p.. U en ,:: ~.'.S1 E p.. ,:: 0 \ II ~',,'~ p.. '"' 0 tl Cl.I ~.'...~ ~ p.. ..., ~ "'C ~ o'~~ ; >-- ~ .go .~ ~ ,t; ,... ,... "'a ... 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'i:l 'I=: 0 0 'Jj .~ ii t11~.- :~~~~~l~~~~~~]~~~~ li j w ~ ~ 'QM~-9J >- - ".. m ~ r- ORIGINA~ I I I I I I I I I I I I I I I I I I I PROJECT FINANCING 14 PROJECT FINANCING 14.1 BACKGROUND California Government Code Section 65451 sets forth the basic content of specific plans and one of the requirements is to include information relating to project financing. 14.2 PROJECT FINANCING The development of the West Ming project, at full build out, will require the construction of infrastructure that is prohibitive to fund with the first phase of development, and therefore, the project will be developed in phases. Each phase's infrastructure will be added to and complement the infrastructure developed before it. The build out of the project is anticipated to take approximately 20 years. The phasing plan as described in this Specific Plan may be adjusted, subject to Planning Director and Public Works Director review and approval to reflect changing market conditions or differing infrastructure needs. Once constructed, the infrastructure improvements will consist of elements for use by the general public, as well as elements for the exclusive use of the residents of the area. After construction, long~tenn maintenance of the improvements will be required, and the party bearing the obligation to maintain those improvements will vary depending on whether the improvement is for the general public or exclusively for the residents of the Specific Plan area. Although various techniques are available for financing the required infrastructure, the developer anticipates using private financing in conjunction with public financing for the development costs. Since as previously discussed, certain elements of the infrastructure will be for the use of the general public, public financing may be appropriate for these elements. The project developer shall be required, as a condition of approval of a final map of any phase or neighborhood, to secure the City's approval of the financing method proposed for both the development and maintenance of the improvement, if it is to be financed by any means requiring City approval. The selected public financing mechanism shall be approved by the City prior to the recordation of the final map. The selected financing mechanisms must be in place as required by the financing vehicle. If the City does not approve public financing, the developer must utilize private financing. Since the build out of the project is anticipated to take approximately 20 years, it is impossible to determine that far in advance any specific public financing tool that may be requested. The developer may use any of the listed funding mechanisms so long as it is April 2006 ~ 'Q~K ~ 135 ~ "0 G ORIGINAL PROJECT FINANCING I I I I I I I I I I I I I I I I I ~ 'QMS"-9 I o % .:... - L- m oORIGINAf I done in compliance with City ordinances and State Law. Variables that are input into determining the viability of any public financing tool include: At this point in time, possible public financing tools include the following: 14.2.1 Special Assessment Districts Special Assessment Districts, such as those created under the Improvement Act of 1911, or the Municipal Improvement Act of 1913, and funded pursuant to the Improvement Bond Act of 1915, provide a method for long term financing of public infrastructure and facilities. The assessment district includes the area where the real property owners will benefit from the provision of the planned facilities. A lien based upon a formula for allocating benefit among the properties within the assessment district is placed against each parcel of property within the district. The public entity establishing the benefit assessment district issues and sells the bonds to finance the upfront costs of constructing the improvements. The bonds are then repaid over their term from assessments levied against the properties in the district in addition to the property taxes due. The assessments are collected with the property taxes on an annual basis and used to redeem the bonds that have been recorded as a lien against each property in the district. 14.2.2 Community Facilities Districts A Community Facilities District may be used to finance the planning, design, purchase, construction, or expansion of any real or other tangible property with an estimated useful life of at least five years. Examples of these facilities include, but are not limited to, parks and open space facilities, school sites and structures, libraries, public utility facilities, and other government facilities. 14.2.3 Community Services Districts A Community Services District can be used within a specific area to finance services associated with such items as traffic and circulation, street lighting, law enforcement, fire protection, and facility maintenance. They offer the opportunity to ensure the payment obligation rests with the area utilizing the infrastructure improvements. 14.2.4 Landscaping and Lighting Districts The Landscaping and Lighting Act of 1972 provides for the creation of assessment districts to finance the cost of installing and/or maintaining landscaping, lighting facilities and ornamental structures. Like a benefit assessment district, properties within the district are assessed a share of the costs to the district on the basis of the benefit provided to the real property. 136 April 2006 I I I I I I I I I I I I I I I I I I I PROJECT FINANCING 14.2.5 Debt Financing Statutory authority empowers public entities to issue a variety of securities/bonds to incur debt. The proceeds can be used for any public improvement for which the City would otherwise be authorized to spend City funds, where that expenditure is greater than the amount generally available from the annual tax levy. Examples include General Obligation Bonds, Revenue Bonds and Tax Allocation Bonds, amongst others. Use of this option will generally be limited to those improvements with a citywide benefit, where the desire is to install the improvement in advance of the City having the available cash for payment. 14.2.6 Development Agreement A development agreement is a contract between a local government and a developer. It specifies in detail the responsibilities of each side, and typically includes a commitment by the local government to vest rights to develop the project in accordance with the existing policies, rules and regulations, and a commitment by the developer to install or develop certain improvements, or to make certain payments. As stated in Government Code Section 65864: "The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time." 14.2.7 Utility Districts Utility districts, such as those that supply potable water, electricity, sewer, solid waste disposal, and communication facilities, are empowered to create their own bond indebtedness, based upon the ability to earn revenues from operations. In addition, bonds may be issued for the raising of money for capital improvement projects, within strict guidelines. Arrangements with existing utility districts may be made that utilize their funding methods, or the project developer may create its own utility district if feasible and appropriate (such as for the on~site sewer treatment plant). In this event, the availability of the bonding right of the created utility may be pursued. In addition, many utility companies charge user fees, which are payable at the time of initial hook~up to the utility, and constitute a one time charge by the utility for the provision of services to the user. The utility then uses these funds to expand, enlarge, maintain or modernize its facilities and service lines. The project developer is anticipating that financing arrangements with the utility districts will be required due to the enormous scope of work required in providing the infrastructure required by a project on the scale of the West Ming project. April 2006 J '~~-9~ >- ~ ~ ffl - l"" (.) (:) ORIGINAl PROJECT FINANCING 138 I I I I I I I I I I I I I I I I I [This page intentionally left blank] April 2006 . 'QM~-'Y I cJ ~ ~ - I- m oORIGINA' EXHIBIT "B" CONDITIONS OF APPROVAL WEST MING GPA/SPA/ZC PUBLIC WORKS (Discretionary Conditions): 1, The following revisions shall be incorporated in the final Specific Plan document. 1.1. Exhibit 4-8 & 4-9, Collectors with median. Median shall be revised to show a left turn pocket at the intersection 1.2. Exhibits 4-9 & 4-11, show parking pockets. Add same note as shown on Ex. 4-12 and others requiring parking area to be concrete. On exhibit 4-11, minimum drive aisle shall be 20 feet, measured curb to curb. 1.3. Exhibit 4-13, roundabouts. Add a note that roundabout design shall comply with current City standards and policies for roundabouts. Roundabout locations showed on Exhibit 1 are considered potential locations and only acceptable if they meet the requirements in the City standard. 1.4. Exhibits 4-14 & 4-15, private residential lanes. Residential lanes of alley width are generally unacceptable as functioning for anything more than as an alley. Subdivisions using these shall be reviewed on a case by case basis with consideration for the overall street design concept to discourage their use as a replacement for a local street as well as incorporating Fire and Sanitation access needs. They shall not replace streets nor be a named street. Trash containers are not allowed to protrude into the 20' drive aisle pavement. 1.5. Exhibits 4-16, 4-18, 4-19. Widths are less than the acceptable minimum. The minimum curb to curb width shall be 28 feet, minimum, for two-way, private streets and 20 feet, minimum, for one- way, private streets - this is to allow access for fire engines when an illegally parked car has blocked the fire lane. While parking restrictions are somewhat enforceable on public streets this is not the case for private and the City cannot enforce parking. Design must accommodate room for illegal plus fire access needs. 1.6. Exhibit 4-19. No dimension shown at the narrowed portion. This width shall be shown and shall comply with the adopted Neo-Traditional Local Street standard. 2. Prior to the recording of the first final map within the boundary of the GPA/ZC area, the project applicant shall provide the City of Bakersfield with a phasing plan of the onsite roadway segments, This phasing plan will be reviewed and approved by the City Engineer. 3. Developer shall install or fund two lanes of the West Beltway to Arterial standards from Ming Avenue to the Asphalto Railroad at no more than 80% buildout of the project or within 1 year of completion of Final Design of the West Beltway by the City of Bakersfield, whichever comes first, but no sooner than 4 years from the certification of the Final EIR for the West Ming Specific Project. *80% Buildout is defined as either 80% of the total residential units or 80% of the total non-residential acreage, whichever occurs first. CAL TRANS 4. An encroachment permit must be obtained for all proposed activities for placement of encroachments within, under, or over the State highways rights-of-way. Activity and work planned in the State highways right-of-way shall be performed to State standards and specifications, at no cost to the State, Encroachment permits will be issued in accordance with the Streets and Highway codes, Section 671.5, "Time Limitations." By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-071EX CON 8-15-07.doc July 25, 2007 ~ 'QM~-9 o ~ >- - I- m _ r- <.) D ORIGINAL EXHIBIT "B" West Ming GPAlSPAlZC Page 2 of 23 5. The mitigation monitoring section shall be amended to include all recommended improvements within the State right-of-way, monitoring of impacts per phase of project and also indicate Caltrans as a permitting agency. 6. The Caltrans "Mitigation Monitoring Form shall be completed and returned to Caltrans once the entitlement process is completed. CITY ATTORNEY 7. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. PLANNING (Discretionary Conditions) 8.1 All new development and accessory uses, within the boundaries of the Kern River Plan Element, which is generally north of the Kern River Canal, shall be subject to the polices and implementation measures of the Kern River Plan Element. From Kern River Plan Element to provide for the public health, welfare and safety. 8.2 The portion (approximately less than 5 acres) located in the northwest portion of the project site that is shown to be within the 2.5 (Flood Plain) designation of the Kern River Plan Element shall be removed from the West Ming Specific Plan. Within 30 days of final approval of the West Ming project, the applicant shall revise the West Ming Specific Plan to remove this area (designated 2.5 from the project boundaries, The revisions shall be submitted to the Planning Director for review and approval prior to submitting the final version of the plan. From Kern River Plan Element to provide for the public health, welfare and safety. 8.3 Within 30 days of City Council approval of the West Ming project, the applicant shall revise the West Ming Specific Plan to include text and maps regarding the applicability of the Kern River Plan Element on the project area located within the KRPE boundaries (generally north of th\~K~ ~ ~ By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07. doc ;: ~ ~~~7 ~ ~ <.) D ORIGINAL EXHIBIT "B" West Ming GPAlSPAlZC Page 3 of 23 Kern River Canal), The revisions to the plan shall be reviewed and approved by the Planning Director prior to submitting the final version of the plan. Orderly development. 9. Within 60 days of City Council approval or as determined by the Planning Director, the applicant shall revise, update and submit 3 copies the West Ming Specific Plan to the Planning Director that reflects all conditions of approval adopted for this project. Upon review and approval of the updated Specific Plan by the Planning Director, the applicant shall submit fifty (50) color copies of the Specific Plan and an electronic disk containing the 'Word" version of the Specific Plan and maps in a format usable by the City. The 50 copies and electronic copy shall be submitted within as directed by the Planning Director. 10. Applicant/developer shall provide a 2.5 acre Drill Island (01) zone around the existing Crimson Oil 52-X well located in the northeast quarter of Section 10, T30S, R26E, MDMB. 01 zone shall surround the well as follows: westernmost boundary located 115 feet, northernmost boundary located 165 feet, southernmost boundary 165 feet, and easternmost boundary located 215 feet, respectively, from the center of the well. This 01 zone shall be shown in the updated West Ming SpecifiC Plan described in this condition within 60 days of final approval of the West Ming project as described above. Orderly development. MITIGATION MEASURES: AGRICULTURAL RESOURCES 11 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 verification of compliance with the alternate program at the same time described above in the first paragraph. 'Q~K~~ cJ ~ ~ m _ r- <.) D ORIGINAL By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07.doc July 25, 2007 EXHIBIT "B" West Ming GPAlSPAlZC Page 4 of 23 · 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 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." (EIR Mitigation Measure 5.1.A.1) AIR QUALITY 12 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. (Mitigation Measure 5.2.B.1.) 13 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). (Mitigation Measure 5.2.C.1.) 14 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 this Draft 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 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 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 NOx, and 43.28 tons per year of PM1o, from onsite agricultural emissions will be subtracted from the proposed project emissions since they will phased out as the project is developed. (Mitigation Measure 5.2.C.2.) BIOLOGICAL RESOURCES 15 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. (Mitigation Measure 5.3.A.1.) By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07,doc July 25, 2007 ~ 'QAK~~ o % .:... - I- m - r- <.) D ORIGINAL EXHIBIT "B" West Ming GPA/SPA/ZC Page 5 of 23 16 Prior to grading plan approval on the approximately 2, 182-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 of the 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. · 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. (Mitigation Measure 5.3.A.2.) 17 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. (Mitigation Measure 5.3.A.3.) 18 Prior to grading plan approval for the approximate 2, 182-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 act~AKS'~ By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-071EX CON 8-15-07.doc ;: ~ m July 25, 2007 5 5 ORIGINAL EXHIBIT "B" West Ming GPAlSPAlZC Page 6 of 23 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. (Mitigation Measure 5.3.A.4.) CULTURAL RESOURCES 19 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 of the 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 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 of the 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. (Mitigation Measure 5.4.A.1. ) 20 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. (Mitigation Measure 5.4. C.1.) 'Q,.,Ks-. ~ ~I.P By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07,doc ~ ~ July 25, 2007 <3 E; ORIGINAL By jengl S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07,doc July 25, 2007 EXHIBIT "B" West Ming GPAlSPAlZC Page 7 of 23 · 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. 21 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. (Mitigation Measure 5.4.D.1) GEOLOGY AND SOILS 22 Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern corner of the project site, whichever occurs first, the project applicant shall conduct additional liquefaction studies in the northwestern corner 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 of the 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. (Mitigation Measure 5,5.A.1.) 23 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. (Mitigation Measure 5.5,B.1. ) HAZARDOUS AND HAZARDOUS MATERIALS 24 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. (Mitigation Measure 5.6.F.1 ) 25 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. (Mitigation Measure 5.6.F.2.) 26 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 ~ 'Q~KS'~ o % .:... - ~ ~ <.) 0 ORIGINAL. EXHIBIT "B" West Ming GPAlSPAlZC Page 8 of 23 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 of the right-of way of any dedicated public street, highway, railroad or private street, or adopted specific plan line of any street or highway; · 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 of the well; · 1,000 feet of sensitive receptors which include residential area, schools, daycare centers, hospital, convalescent homes and other large immobile populations; · 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. (Mitigation Measure 5.6.F.3) 27 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 of the 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. (Mitigation Measure 5.6.FA) 28 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 or filling of sumps, ditches, and cellars including removal of all lining material to the satisfaction of the Department of Oil, Gas and Geothermal Resources. (Mitigation Measure 5.6.G.1.) 29 Prior to recordation of a final map, all stained soils observed within the grading envelope near the active water wells, idle water wells, and former 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. (Mitigation Measure 5.6,G.2) 30 Prior to recordation of a final map, a written verification shall be obtained from the Department of Oil, Gas and Geothermal Resources that abandoned wells within the grading envelope were properly abandoned pursuant to their regulations. The written verification shall be submitted to the City. (Mitigation Measure 5.6.G.3.) By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07,doc July 25, 2007 ~ 'Qt>.KS'~ o % .:... - I- m _ r- c..:l D ORIGIN1'\!,., EXHIBIT "B" West Ming GPAJSPAJZC Page 9 of 23 31 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. (Mitigation Measure 5.6.GA.) 32 Prior to recordation of a final map, information on the location of the pipelines and any information 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. (Mitigation Measure 5.6.G.5.) 33 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 of the 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 determination regarding the type of contamination encountered and best course of action would be determined by the ranking official and the required mediation measures shall be implemented. (Mitigation Measure 5.6.G.6.) 34 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 of the testing, grading, or construction on the project site. (Mitigation Measure 5.6.G.?) 35 Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern corner 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 AgencylDepartment 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. (Mitigation Measure 5.6.H.1.) By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07.doc July 25, 2007 ~ 'QM~~ o % .:... - I- m _ r- <.) 0 ORIGINAL EXHIBIT "B" West Ming GPAlSPAlZC Page 10 of 23 36 Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern corner 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. (Mitigation Measure 5.6.1.1 ) 37 Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern corner of the project site, whichever occurs first, the soils beneath the existing pole-mounted transformers within the grading envelope 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. 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. (Mitigation Measure 5.6.J.1.) 38 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. (Mitigation Measure 5,6.K.1,) HYDROLOGY AND WATER QUALITY 39 Prior to grading plan approval, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) that conforms to the State Water Resources Control Board 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. (Mitigation Measure 5.7.A.1.) 40 Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern corner 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 of these methods shall result in water quality that can support the proposed uses of the 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. (Mitigation Measure 5.7 .E.1) 41 Prior to recordation of a final map, or as otherwise determined by the Building Director, for onsite areas that are currently in 1 DO-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 fl.,K~ Flood Study prepared by Mcintosh and Associates in May 2005, the following improvements ~ -901 required to remove the majority of the project site from the Zone A FEMA designation >- ~ t- r- By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07,doc Q ALo July 25, 2007 ORIGIN EXHIBIT "B" West Ming GPAlSPAlZC Page 11 of 23 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 of the 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 of the 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. (Mitigation Measure 5.7.F.1) 42 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 1 OO-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. (Mitigation Measure 5.7.F.2) NOISE 43 Prior to tentative tract map approval" a noise analysis shall be conducted to determine 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 Avenue, and Buena Vista Road, would be adequate to reduce onsite noise levels to meet the City's exterior and interior noise level standards. Furthermore, 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 determined in a noise analysis. Specific lot design and site grading would need to be evaluated in the noise analysis to determine the specific noise attenuation recommendations. (Mitigation Measure 5.8.A.1.) 44 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. (Mitigation Measure 5.8.C.1) 45 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. (Mitigation Measure 5.8.C.2) 46 Prior to tentative tract map 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. i~Ks-. By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07.doc J. ~% July 25, 2007 ~ m _ r- <.) D ORIGINAL EXHIBIT "B" West Ming GPA/SPA/ZC Page 12 of 23 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. (Mitigation Measure 5.8.D.1) 47 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. (Mitigation Measure 5.8.E.1) 48 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. (Mitigation Measure 5.8.E.2) PUBLIC SERVICES 49 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. (Mitigation Measure 5.9.C.1) TRANSPORTATION 50 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 the proposed project are as follows. The timing of these improvements is estimated below; however, all of these improvements shall be completed as the significance thresholds are reached. (Mitigation Measure 5.11.A.1) Measures 5.11,A.11 and 6.3.11.A.1 (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 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 the current policy of the Public Works Department for said calculations. Said calculations shall be updated based upon the adopted RTlF at time of further subdivision. Measure 5.11.A.11 and 6.3.11.A.1 (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 shall 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 'Q~Kc: By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07,doc cJ ~~ ~~~7 ~ ~ _ r- <.) D ORIGINAL EXHIBIT "B" West Ming GPAlSPAlZC Page 13 of 23 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 Wests ide Parkway Westbound Ramps - Construct one southbound through lane. · Allen Road and Westside Parkway Eastbound Ramps - Install signal and construct two southbound left turn lanes. · Ming Avenue and Project Entrance No.1 - Provide all-way-stop. · Ming Avenue and South Allen Road - Install signal. · Ming Avenue 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 Windermere Street - Install signal. · White Lane and Buena Vista Road - Construct two eastbound though lanes and one northbound left turn lane. · 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 Avenue 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 lanes. · 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 By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-D7\EX CON 8-15-07,doc July 25, 2007 'QM~~ cJ ~ >- - f- m _ r- <.) D ORIGINAL EXHIBIT "B" West Ming GPAlSPAlZC Page 14 of 23 · Calloway Drive and Westside Parkway Westbound Ramps - Construct one southbound right turn lane. · Calloway Drive and Westside Parkway Eastbound Ramps - Construct one northbound right turn lane. · Stockdale Highway and Buena Vista Road - Construct one eastbound right turn lane. · 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 Avenue 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. . 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. ~ 'Q~KS'~ o ~ .:... - I- m _ r- <.) D ORIGINAL By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07.doc July 25, 2007 EXHIBIT "B" West Ming GPAlSPAlZC Page 15 of 23 Roadway Segment · Stockdale Highway - Buena Vista Road to Old River Road - Add two lanes. . Ming Avenue - Ming Avenue 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, · 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 Avenue 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. UTiliTIES AND SERVICE SYSTEMS 51 Prior to the issuance of building permits for the onsite water facilities (Le., 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. (Mitigation Measure 5.12.B.1) 52 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. (Mitigation Measure 5.12.C.1) -OMS'. ~ ~~ By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-071EX CON 8-15-07.doc ~ iii July 25, 2007 <:) G ORIGINAL EXHIBIT "B" West Ming GPAlSPAlZC Page 16 of 23 53 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. (Mitigation Measure 5.12.C,2) 54 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. (Mitigation Measure 5.12.C.3) 55 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. (Mitigation Measure 5.12.E.1) CUMULATIVE IMPACTS Transportation And Traffic 56 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 (Le., the cumulative growth of "background-related" traffic with the addition and contribution of project-generated traffic) in the years 2015 and 2030 are as follows (Note: All project-generated impacts and corresponding mitigation measures/improvements are included in both Section 5.11 and Section 6.3.11): (Mitigation Measure 6.3.11.A.1.) Measures 5.11.A.11 and 6.3.11.A.1 (Regional Transportation Impact Fee - Regional Mitigation) Prior to the issuance of building permits, the project applicant shall participate in the RTIF program. 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 the current policy of the Public Works Department for said calculations. Said calculations shall be updated based upon the adopted RTIF at time of further subdivision. Measure 5.11.A.11 and 6.3.11.A.1 (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. 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 permits, based upon the approved estimates, By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07.doc July 25, 2007 ~ 'Q~KS'-9 o % .:... - I- m - r- <.) D ORIGINAL EXHIBIT "B" West Ming GPAlSPAlZC Page 17 of 23 Year 2015 Inters EXHIBIT "B" West Ming GPAlSPAlZC Page 18 of 23 . Panama Lane and Mountain Vista Drive - Construct one eastbound through lane and one westbound through lane. . 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 Wests ide 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. . 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 Westside Parkway Eastbound Ramps - Add two lanes. . Allen Road -Wests ide Parkway Eastbound Ramps to Stockdale Highway - Add two lanes. . South Allen Road - Ming Avenue to Chamber Boulevard - Construct two lane roadway . South Allen Road - Chamber Boulevard to White Lane - Construct two lane roadway ~ 'Q~K~-1> C> ~ .:... - I- m - r- <.) D ORIGINAL By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07,doc July 25, 2007 EXHIBIT "B" West Ming GPAlSPAlZC Page 19 of 23 · 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. . 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 Westside 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. . Calloway Drive and EB Wests ide Parkway - Channelize eastbound right turn lane; and construct one southbound left turn 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. . 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 Avenue 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. ~ fQAk~'9 <:) <p ~ ~ I- - _ m o r- (:) ORIGINAL By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07.doc July 25, 2007 EXHIBIT "B" West Ming GPAlSPAlZC Page 20 of 23 . Ming Avenue and Gosford Road - Construct one eastbound through lane, one westbound through lane, one northbound through lane, and one southbound through lane. . Ming Avenue and Ashe Road - Construct one westbound right turn lane. . Ming Avenue 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. . 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 for westbound right turn lane. . 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. ~ fQ"'K~-9 <:) % ~ - I- m _ r- o 0 ORIGINAL By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07.doc July 25, 2007 EXHIBIT liB" West Ming GPAlSPAlZC Page 21 of 23 . 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 Gate/Mountain 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. . Calloway Drive - Westside Parkway 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. By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07.doc July 25, 2007 ~ ~AK~'9 <:) % ~ - I- m _ r- <..) 0 ORIGINAL EXHIBIT "B" West Ming GPAlSPAlZC Page 22 of 23 . Allen Road -Westside Parkway Eastbound Ramps to Stockdale Highway -Construct as divided roadway. . 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. . 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. Mineral Resources 57 Prior to approval of a tentative tractl/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. Additional Conditions Although the following conditions of approval are not required to reduce potential environmental impacts that are currently known to be less than significant, they are included to ensure these conditions are implemented with the project. 58 The applicant shall be required to consult with CDFG for any construction within 200 feet of the upper bank of the Kern River and outer edge of any riparian habitat located adjacent to the project site. This consultation is to ensure that the findings in the EIR are still applicable and no new measures are required. However, if new information is found that identifies a potential significant impact, additional CEQA documentation would be required as outlined in Section 15162 of the CEQA Guidelines. This additional CEQA documentation may involve obtaining a State Incidental Take Permit pursuant to Section 2181(b) of the Fish and Game Code. 59. The applicant shall be required to survey for nesting raptors following the survey methodology developed by the Swainson's hawk Technical Advisory Committee (SWHA TAC, 2000), prior to any disturbance on the project site that is within 5 miles of a potential nest tree (CDFG, 1994) to ensure that the findings in the EIR are still applicable and no new measures are required. However, if new information is found that detects an active nest of a Swainson's hawk within 5 miles of the project site and a potential significant impact could occur, additional CEQA documentation would be required as outlined in Section 15162 of the CEQA Guidelines. This additional environmental documentation may involve consultation with CDFG. 60. The applicant shall be required to conduct trapping prior to ground disturbance activities to confirm that the Tipton kangaroo rat (Oipodomys nitratoides nitratoides) is not located on the project site. However, if new information is found that detects the Tipton kangaroo rat (Oipodomys nitratoides nitratoides) on the project site, potential significant impact could occur and additional CEQA documentation would be required as outlined in Section 15162 of the CEQA Guidelines. This additional environmental documentation may involve consultation with CDFG and United States Fish and Wildlife Service (USFWS). 61. The applicant shall be required to implement a no construction buffer zone of a minimum distance of 250 feet, unless a qualified biologist approved by CDFG verifies through non-invasive methods that either: 1) the birds have not begun egg laying and incubation; or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival, and that in the event burrowing owls are detected within the area of ground disturbance, passive and/or active relocation efforts may be undertaken subject to approval by CDFG and USFWS 62. The applicant shall consult with USFWS and CDFG, where applicable, prior to any ground AK disturbance activities. This consultation is to ensure that the findings in the EIR are still applica~fQ ~'9cP By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-07.doc ~ ;;; July 25, 2007 "0 t; ORIGINAL EXHIBIT "B" West Ming GPAlSPAlZC Page 23 of 23 and no new measures are required. However, if new information is found that identifies a potential significant impact, additional CEQA documentation would be required as outlined in Section 15162 of the State CEQA Guidelines. This additional CEQA documentation may involve obtaining a USFWS 10(a)1(b) Incidental Take Permit and/or a State Incidental Take Permit pursuant to Section 2181(b) of the Fish and Game Code. By jeng/ S:IWest Ming Specific PlanlCCIAUG 15-07\EX CON 8-15-D7.doc July 25, 2007 ~ fQ~K~'9 <:) % ~ - I- m _ r- o (:) ORIGINAL EXHIBIT cae" 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 . August 14, 2007 ~ fQ/l..I<~-9 <:) % >- - I- m _ r- o 0 ORIGINAL 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 ...... ....... ............. ..................................................... ...... ...... 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 .............................................................109 Section 6: Additional Findings .......................................................................................110 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-1 ljengILOCALS-I ITemplXPgrpwisel02160029 CEQA Findings.West Ming 08-14-07.doc ~ fQf>.K~-9 <:) % ~ - I- m _ r- r.) (:) ()RIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Introduction SECTION 1: INTRODUCTION In compliance with the requirements of the 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 of the 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 ofShafter 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 C:\DOCUME-lljeng\LOCALS-I\Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc ~ COAK~'9 <:) % ~ - I- m iRIGINAf City of Bakersfield. West Ming Specific Plan CeQA Findings and Findings of Fact Introduction hazardous materials mitigation meas~re. 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 of the project, the City decided to recirculate the EIR. Although the City does not consider the new information 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 ofthe environmental information 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 information 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 information 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 if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant ~ fQM~?, <:) % ~ iii _ r- <..) (:) ORIGINAL Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS-I \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc 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 ElRs 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 ofthree permissible 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 oftime, 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 C:\DOCUME-I \iengILOCALS-I ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08.14-07 .doc X ~t-.K~-9 <:) % ~ iii _ r- <..) (:) ORIGINAL City of Bakersfield - West Ming Specific 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 of the 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 predetermined. 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 inform 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 of the 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 C:\DOCUME-l \jengILOCALS-1 I TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~ fQAK~'9 C'\ % >..4 - I- rn - r- o c;:, ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Introduction In accordance with the provisions of CEQA 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 C:\DOCUME-I ljeng\LOCALS-IITempIXPll'1lwiseI02160029 CEQA Findings-West Ming 08-14-07 .doc J ~AK~-9 5 % -- iii r- o 0 ORIGINAL 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 ofthe project site are located within the Bakersfield city limits and the remainder of the 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 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. 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. II. Provide parks which satisfy park dedication requirements and meet recreational needs of local residents including both active and passive recreational facilities. Michael Brandman Associates C:\DOCUME-I \jengILOCALS-l\ TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 . doc ~ fQAK~1> <:) % ;=6 m - r- (.) C:1 ORIGINAL 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 C:\DOCUME-I \jengILOCALS-I \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc <oM~-9 ~ % >- - I- m _ r- ~RIG'NAL 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 ofthe 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 ofPMJO per acre per day of activity. Michael Brandman Associates C:\DOCUME-I \jengILOCALS-1 ITempIXPgrpwise\02160029 CEQA Findings-West Ming 08-) 4-07 .doc ~ ~AK~-9 <:) % ~ Iii _ r- o C:1 ORIGINAL 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 of the following mitigation measure as identified in the final EIR and incorporated into the Project. 5.2.B.1. 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 C:\DOCUME-I\jengILOCALS-I\Temp\xPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc ~ fQAK~-9 <:) % ~ - ~ G ORIGINAL 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.I. 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 C:\DOCUME-I\jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~ f()AK~-9 <:) % ~ iii _ r- (.) t:1 ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 5.2.C.2. 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). Prior to the approval of building penn its, 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 PMIO 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 p~r 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 on site 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 PMIO to a net 0 tons per year. ~ ~AK~'9 <:) % ib m _ r- o c::r ORIGINAL Michael Brandman Associates C:\DOCUME-I ljeng\LOCALS-I \ Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08.14-07 .doc 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 ofthe 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, I 82-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 C:\DOCUME-I \jeng\LOCALS-1 ITemplXPgrpwisel02 1 60029 CEQA Findings- West Ming 08.14-07 . doc d ~M~-9 2 % >- -- I- m _ r- <..) l::7 ORIGINAL City of Bakersfield. West Mlng Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulativ(t 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. Slope oframps 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 o~ 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, I 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 C:\DOCUME-I ~eng\LOCALS-J\Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08.14-07 .doc ~ fQM~-9 13 ~ I- m _ r- o 0 ORIGINAL 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 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 the Mitigation Measure 53.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 5J.A.2 includes specific avoidance measures ofthe San Joaquin kit fox during construction activities. Finally, Mitigation Measure 5.3.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.A.4 provides a programmatic mitigation measure for raptors such as the burrowing owl to reduce potential impacts to less than significant. 3.3 - CUL rURAL 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 Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS-I ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ fQAK~-9 <:) % fl4. - I- m _ r- o (:) ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 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 ofthese 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 ofthe 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. Ifthe 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 Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS-I ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~Mf-9. o ~ > \f1 ~ ,.. (.) 0 ORIGINAl.. City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 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. 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 of these 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 of the proposed project may include deep excavations (i.e., greater than six feet) associated with the construction of the 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. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1\Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08.14-07.doc - rn f- r- '0 0 ORIGINAL 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 greater 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 Michael Brandman Associates C:\DOCUME-l \jengILOCALS-l ITempIXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~M~~ }17 ~ I- r- '0 0 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. S.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. 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 ofthe 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 ofloss, 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 Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS- J\Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc sot>.K~-9 (j8 % >- - I- m _ r- <..) 0 ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts significantly affected by liquefaction. The remainder of the 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.I. Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern corner of the project site, whichever occurs first, the project applicant shall conduct additional liquefaction studies in the northwestern corner ofthe project site (i.e., in the vicinity ofthe existing recharge ponds) during recharge periods to fully evaluate liquefaction impacts on specific development projects in this area of the site. Based on the findings ofthese 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 ofthe above mitigation measure requires additional liquefaction studies in the northwestern corner 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 5.5.8. 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 ofthe project site will have disturbed areas Michael Brandman Associates C:\DOCUME-1 \ieng\LOCALS-1 \TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 . doc ~ (l..K t-'9 ~ % ~ - I- ~ (3 0 ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts while other portions will be under c~rrent 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 of the 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 oftop 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 oftop 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 of the 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 Michael Brandman Associates C:\DOCUME-I \jengILOCALS-I ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~t>.K~-9 <:) ~ ... ....- !fO ~ Q 0 ORIGIN"\'" 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 of the 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 Geothennal 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 Geothennal 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 of the right-of way of any dedicated public street, highway, railroad or private street, or adopted specific plan line of any street or highway; ~M~-9 ~ % >- - 11 p:! <..) 0 ORIGINAL Michael Brandman Associates C:\DOCUME- J \jengILOCALS-I ITemplXPgrpwisel02160029 CEQA Findings- West Ming 08-14-07 .doc City of Bakersfield. West Ming Specific Plan 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 of the 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 of the 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.I 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 ~M~-9 ~ <P Michael Brandman Associates 212 ~ C:\DOCUME-1 \ieng\LOCALS-l\Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ 5 ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 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 Michael Brandman Associates C:\DOCUME- l\jeng\LOCALS- 1 \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08.14-07 .doc ~M~-9 ~ % ~23 - I- rn _ r- o 0 ORIGINAL 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 of the soil, health and safety procedures shall be implemented. These procedures shall include, at a minimum, emergency medical, evacuation ofthe 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. Michael Brandman Associates C:\DOCUME-1\jeng\LOCALS-1 ITempIXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc X ~~K~1> <:) % ~ i1i _ r- o 0 24 ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 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 of the 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.1 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.G.3 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 of the 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. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1\ Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 . doc ~"'KS--9 ~ ~ > ....- e ~ o 0 ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 5.6.H.1. I 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 Oepartment (KCEHD) and Environmental Protection AgencylDepartment of Toxic Substance Control (OTSC) standards then grading and construction may begin. If the residue is found to be greater than the KCEHD and OTSC standards, all contaminated soils exceeding the acceptable limits shall be remediated and/or properly disposed of per KCEHO and OTSC requirements. An appropriate verification closure letter from KCEHO and OTSC shall be obtained and submitted to the City of Bakersfield. Oepending 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. ~ ~MS"1> <:) % i26 m _ r- <..) t) ORIGINAL Michael Brandman Associates C:\DOCUME-1 \jeng\LOCALS- 1\Temp\XPgrpwiseI02160029 CEQA Findings-West Ming 08-14.07 .doc 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 ofthe 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 ofthe 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 C:\DOCUME-I \jengILOCALS-1 ITemp\XPgrpwise102160029 CEQA Findings-West Ming 08-14-07 .doc ~ fQf>..Kc'9 <:) % ~27 ~ o 0 ORIGINAL City of Bakersf1eld - West Mlng Specif1c 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 ofthe following mitigation measures as identified in the final EIR and incorporated into the Project. 5.6.J.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 soils beneath the existing pole-mounted transformers within the grading envelope 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 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 of the 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 of four elementary schools and one junior high Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 IT empIXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~fl..K~-9 ~ % >- 28 -- I- rn _ r- (,.) 0 ORIGINAL 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 receptors 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 ofthe 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 lOin 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 ofthe 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 C:\DOCUME-l \iengILOCALS-1 \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~Jl..K~-9 <:) % > - 21: ~ o (:) ORIGINAL 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 ofthe 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-term 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 Stormwater Pollution Prevention Plan (SWPPP) that conforms to the State Water Resources Control Board 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. A Notice of Michael Brandman Associates C:\DOCUME- J \jeng\LOCALS-l ITemp\XPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc ~~K~'9 ~ % o _ t- m _ r- o 0 ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 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." The above mitigation measure requires a SWPPP to be prepared that specifies BMPs to prevent construction-related pollutants from reaching storm water and 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 of this mitigation measure would reduce potential storm 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 ofthe proposed project would result in incremental grading on the project site. The grading would alter the existing drainage of the project site. Onsite stormwater 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 storms occur. Silt leaving a construction site could be transported within stormwater 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 Stormwater Pollution Prevention Plan (SWPPP) that conforms to the State Water Resources Control Board Michael Brandman Associates C:\DOCUME-I \iengILOCALS-I \Temp\XPlllJlwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ fQAK~'9 11 ~ I- m _ r- o 0 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 ofthe 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 of this mitigation measure would reduce the potential for silt to leave the construction site and transported within stormwater 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 of the 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 of the 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 C:\DOCUME-l ljengILOCALS-1 \TempIXPgrpwise\02 1 60029 CEQA Findings-West Ming 08-14-07.doc ~ fQM~-9 % >- 32 _ I- m _ r- o (:) 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 corner 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 of these methods shall result in water quality that can support the proposed uses of the 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 of the 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 100-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 IOO-year frequency flood zone. The project includes residential uses and potentially other structures within areas that are currently within the IOO-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 IOO-year flood zone. Since the proposed project includes residential uses and potentially other structures within an area currently designated as a IOO-year flood hazard zone, the proposed project could result in a significant flood impact. Michael Brandman Associates C:\DOCUME-I ~eng\LOCALS-] \Temp\XPgrpwise\02] 60029 CEQA Findings-West Ming 08-14-07.doc ~p..K~-9 <S< % >{J3 - I- m "0 G 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 in~o, 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 determined by the Building Director, for onsite areas that are currently in 1 DO-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 of the 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 of the 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 ofthe 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 1 DO-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 of the 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 C:\DOCUME-I \iengILOCALS-1 ITemp\XPgrpwise102160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~AK~'9 <:) % .... - t:34 ~ o <::1 ORIGINAL 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 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. 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 ofthe project site from the 100-year flood hazard area. The improvements require the extension of the recently constructed levee along Ming A venue 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 of the 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 of the 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.B.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 C:\DOCUME-I \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~AK~-9 <:) % ~ 35 m - r- o (:) ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative 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.S.A.t. 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 Avenue, 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 of the 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 C:\DOCUME-I \iengILOCALS-1 \Temp\XPgrpwise\02 I 60029 CEQA Findings-West Ming 08-14-07.doc ~ fQ"'K~'9 <:) % P6 m - r- o 0 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.S.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 C:\DOCUME-I \jeng\LOCALS- J\TempIXPgrpwise102160029 CEQA Findings-West Ming 08-14-07 .doc X ~f>..KS''9 <:) % ~ - !:: 37 ~ o <::1 ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 5.S.C.2. Prior to City approval (conditional use penn it, site plan, building penn it, fire department penn it, etc.) for the construction of an oil well adja~ent to sensitive land uses, the project applicant shall conduct a noise study to detennine the appropriate measures to reduce potential noise levels to meet the City's noise level perfonnance 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 perfonnance 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 15-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 perfonnance 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 ofthe following mitigation measures as identified in the final EIR and incorporated into the Project. ~ fQ"'K~'9 <:) % ~ - I m 038 b ORIGINAL Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS-l \Temp\XPgrpwise\02 1 60029 CEQA Findings-West Ming 08-14-07 .doc City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 5.8.D.l. Prior to tentative tract map approval for the proposed active park and related park facilities adjacent to sensitive uses, the project applicant shall conduct a noise study to detennine the appropriate measures to reduce potential noise levels to meet the City's noise level perfonnance 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 5.8.E. Construction activities associated with the proposed project may expose persons to the generation of groundborne vibration or groundbome noise levels. Groundborne vibration is measured in tenns 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 V dB, 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 ofthese 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. Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS-IITempIXPgrpwiseI02160029 CEQA Findings- West Ming 08-14-07.doc ~ fQAK~'9 <:) % ;= 39 m - r- o C::1 ORIGINAL 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 groundbome 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.!. 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 confonnance with Section 9.22.050 ofthe 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 onsite 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 confonnance 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 groundbome vibration impact. Michael Brandman Associates C:\DOCUME-l ~eng\LOCALS-l\Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc J fQAk~-9 40 % ~ - I- m - r- o C:7 ORIGINAL 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 ofthe following mitigation measures as identified in the final EIR and incorporated into the Project. 5.S.E.!. 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 confonnance with Section 9.22.050 ofthe City of Bakersfield Municipal Code which limits Michael Brandman Associates C:\DOCUME-I \ieng\LOCALS-l ITemp\XPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc ~ fQA/(~'9 ....0 % !!t1 m o [; ORIGINAL 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.S.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 confonnance 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, fonner Facilities Director for the District, notes that all of the approximately 7,450 dwelling units proposed as part of this 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 C:\DOCUME-l \jeng\LOCALS-1 ITemp\XPgrpwisel02 I 60029 CEQA Findings-West Ming 08-14-07 .doc ~ fQAK~'9 o % ~ - I- m - r- o (:) ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts The proposed project includes several conceptually sited elementary schools and one junior high school within the project boundary. If required, the future school sites will be developed in consultation with the Panama Buena Vista School district and located 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, V.S. Census Bureau, Census 2000 Data, the overall student generation rate for the Bakersfield area is 0.22 students per residential unit. V sing 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 ofthe following mitigation measures as identified in the final EIR and incorporated into the Project. Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS-l ITemp\XPgrpwise102160029 CEQA Findings-West Ming 08-14"()7.doc ~ fQAK~-9 Q % .:J - I- m _ r- t,.) 0 ORIGINAL 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 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 land use development. The above mitigation requires the project applicant to pay the school fees at the time of building permits 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 22l1SB 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 of the following mitigation measures as identified in the final EIR and incorporated into the Project. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-l\TempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc ~ fQAK~'9 Q % ~ 44 - I- m _ r- o t1 ORIGINAL City of Bakersfield - West Ming SpeCific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts S.12.B.I. Prior to the issuance of building permits for the on site 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 wate~ 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 of 2.83 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 C:\DOCUME-I\jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~ fQf>,k~-9 5 % ~ - I- m - r- o 0 ORIGINAL 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 18-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 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. S.I2.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. S.I2.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. S.I2.C.3. Prior to the issuance of building permits for the onsite and off site 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 C:\DOCUME-I \jengILOCALS-I\Temp\XPgJpwise\02160029 CEQA Findings-West Ming 08-14-07.doc ~Mct9 cJ % ;: 46 j!! "0 I::) ORIGINAL 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 8-inch to 18-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.l2.C.3 includes a requirement to ensure that the construction impacts associated with on site and off-site sewer facilities (Le., noise, traffi~, 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 Impact 5.12.E. The project could require or result in the construction of new storm 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. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-IITemp\XPgrpwise\02160029 CEQA Findings-West Ming 08.14-07 .doc ~ fQf>..K~'9 7 % ~ - I- IT1 - r- o <::1 ORIGINAL 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 on site drainage 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 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.I2.E.I. 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 stonn 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 Perfonnance Standards, traffic management plans, and air permits for the lift station. Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS-I \Temp\XPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07 .doc ~ fQP.K~-9 o % ~ - t: P:! 048 0 ORIGINAL City of Bakersfield - West Ming Speclflc 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 ofthe 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 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. 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 ofthe following mitigation measures as identified in the final EIR and incorporated into the Project. Prior to approval of a tentative tractl/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 C:\DOCUME-l \ieng\LOCALS-l I TempIXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~ fQ"'K~'9 o % > - t:49 ~ o 0 ORIGINAL 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 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 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 onsite 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 study 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., ~ fQAK~'9 o % ~ - I m "NJ 0 ORIGINAL Michael Brandman Associates C:\DOCUME-l\jengILOCALS-IITempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulatllle 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 ofPMlO (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% of the annual standard). The cumulative impacts ofPMlO 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 ofthe commercial and industrial sources built out) was conducted. Therefore, all of the 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 (i.e., 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% ofthe 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 ~ fQAK~'9 o % ;.... - t::: m 051 G ORIGINAL Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc 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 penn its, 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 ofthis Draft EIR. Developer's compliance with the Air Quality Mitigation Agreement will result in a reduction of ROG, NOx, and PM 1 0 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 PM 10 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 NOx, 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 of the 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 C:\DOCUME-I \jengILOCALS- I\Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc ~ fQ"'k~-9 2 % ~ - I- m - r- o 0 ORIGINAL 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 PMlO emission to net zero. By reducing PM 10 emission to net zero, PM2.5 which is a subset or portion of PM I 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 PMIO and PM2.5. 3.11.2 - Potential Significant Impact Impact 6.3.2.8. The operation of the project and cumulative 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 ofPMJO 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 of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.2.C.t. Prior to the approval of building pennits, 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 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). Michael Brandman Associates C:\DOCUME-I \jengILOCALS-I\TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc 4 fQAK~'9 3 % ~ - I- m - r- o <:1 ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 5.2.C.2. Prior to the approval of building penn its, 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 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 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 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 I 0, from on site 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 PMIO 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 PM I 0 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 J.1g/m3 ofPMIO. The maximum modeled PMIO cumulative impact of 108.08 J.1g/m3 (as shown on Table 7.1-5 in the Air Quality Assessment in Appendix C of this Draft EIR, which is in Chapter I ofthe Recirculated Draft EIR) is over 90 J.1g/m3. This is due to the background concentration (104.3 J.1g/m3) exceeding the 90 J.1g/m3. Since cumulative development will contribute PMJO to an air basin that is in non-attainment ofPMJO, development of the cumulative projects, including the proposed project, would result in a Michael Brandman Associates C:\DOCUME-lljeng\LOCALS-1 \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ fQAK~'9 o % 511- - .... m _ r- ~ 0 ORIGINAL 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. 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 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. 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 this Draft EIR. Developer'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. 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 Michael Brandman Associates C:\DOCUME-I \jengILOCALS-1 \Ternp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 ,doc ~ fQAk~'9 o % ~55 ~ o 0 ORIGINAL 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 ofPMIO, 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 PM 1 0 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 ofPMIO. 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 ofthe 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 C:\DOCUME-I \jengILOCALS-I \Temp\XPgrpwise\02 1 60029 CEQA Findings-West Ming 08-14-07.doc ~ fQAK~-9 o % ~ 56 m - r- o (:) ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and CumulatMt 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, 182-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 C:\DOCUME-l\jeng\LOCALS- I ITemplXPgrpwise\02 I 60029 CEQA Findings-West Ming 08-14-07 .doc J fQf>..k~-9 57 % ~ - I- m - r- o 0 ORIGINAL 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, I 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 5.3 .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 5.3.A.2 includes specific avoidance measures ofthe San Joaquin kit fox during construction activities. Finally, Mitigation Measure 5.3.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 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 C:\DOCUME-l\jengILOCALS-IITemp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc ~ fQAK~'9 o % .... - ~8 ~ o C) ORIGINAL 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 5J.AA 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.A.4 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. S.4.A.t. 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. Michael Brandman Associates C:\DOCUME-I \jengILOCALS-I\Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc 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 ~ ~f..K~-9 o % ... iii ~ 59 r- o t:1 ORIGINAL 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 ofthe 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 of the monitor during grading activities. · If cultural resources are detected within the project area, the cultural resources must be recorded using appropriate State record fonns (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 fonns to the Southern San Joaquin Valley Infonnation 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 Infonnation Center for pennanent archiving. SA.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 C:\DOCUME-I \jengILOCALS-1 ITemplXPgIpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ fQAK~-9 () % ~ 60 - ~ m _ r- o 0 ORIGINAL 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 C:\DOCUME-I \jeng\LOCALS-1 \ Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ fQAk~'9 C) <P ~ 61 ~ f- m - r- o \::) 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.A.l. 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. 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 of the 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 1 OO-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 IOO-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 C:\DOCUME-l ljenglLOCALS-IITemplXPgrpwisel02 I 60029 CEQA Findings-West Ming 08-14-07 .doc ~ ~M~'9 o % '- m ~ 62 r- o (:) 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 ofthe following mitigation measures as identified in the final EIR and incorporated into the Project. 5.7.F.l. 5.7.F.2 Prior to recordation of a final map, or as otherwise detennined 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 of the 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 ofthe 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 of the 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 detennined 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. ~ fQf>,.K~'9 o % ;> - ~ 63 ~ (..) (:) ORIGINAL Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS-l\Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc City of Bakersfield - West Ming 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 of the 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 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 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 of the ~ ~~k~'9 o % >- - Michael Brandman Associates 5 64 G C:\DOCUME-l\jengILOCALS-lITempIXPgrpwiseI02160029 CEQA Findings-West Ming 08.14-07.doc ORIGINAL 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 off site 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 (Le., 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. Michael Brandman Associates C:\DOCUME-I ljengILOCALS-1 I TemplXPgrpwisel02 I 60029 CEQA Findings-West Ming 08-14-07 .doc ~ 'OAk~'9 Cl .n ~ 65 ~ I- m - r-- <..) (:) ORIGINAL 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 perfonnance 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 penn its 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 Impact 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 ofthe proposed project as well as other projects in the vicinity will increase the demand on the existing sewer facilities in the vicinity of the 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. 5.12.C.I. 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 Michael Brandman Associates C:\DOCUME-l \iengILOCALS-l ITempIXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~ fQAkS'-9 o ~ .> - t: 66 I!! (.) 0 ORIGINAL 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 C\DOCUME-I ljeng\LOCALS-I \TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc ~ V1K~-9 o % ~ - I- m - r- <..) C1 ORIGINAL 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 Impact 5.1.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 ofthe 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 corner 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 ofthe 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 ~ fQAKS'''9 () <J'l Michael Brandman Associates ~8 '*' C:\DOCUME-I ljenglLOCALS-1 ITemplXPgrpwisel02 1 60029 CEQA Findings-West Ming 08-14-07 .doc (3 {; 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 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 fannland 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 Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS-I\TempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~"k~'9 69 % ~ - I- m - r- o (:) ORIGINAL 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 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, ofthis 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 C:\DOCUME-l ljeng\LOCALS-1\TempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc ~ fQ"'K~-9 ,,0 % !::70 m <..) r- (:) ORIGINAL 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. S.lA.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 offarmland 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 C:IDOCUME-l\jcng\LOCALS-1\TempIXPgrpwiscI02160029 CEQA Findings-West Ming 08-14-07.doc ~ fQ(l.K~-9 o % >- - t:: 71 J!! o 0 ORIGINAL City of Bakersfield - West Mlng 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 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 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. Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS- I1TempIXPgJpwise\02 I 60029 CEQA Findings-West Ming 08-14-07.doc ~ ~~Kc'9 ~ 72 ~ I- m _ r- '"' 0 ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Significant and Unavoidable 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 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 Fannland 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. S.lA.!. 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 maybe 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. Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS-l \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~t>.K~'9 o % ~ ..... I- 73 rn _ r- <..) 0 ORIGINAL City of Bakersfield. West Ming 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 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 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 C:\DOCUME-I ~eng\LOCALS-I\Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~~KC-9~ ~ 74 ~ I- m _ r- o 0 ORIGINAL 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 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. 4.2 - 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 off site 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 Wests ide 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 Michael Brandman Associates C:\DOCUME-I \ieng\LOCALS-l\TempIXPgrpwiseI02 I 60029 CEQA Findings-West Ming 08. I 4"(}7 .doc ~ ~M~-9 o ~ ~ ....- I m ~ 75 b ORIGINAL 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 considerable. 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 ofthe 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 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 Michael Brandman Associates C:\DOCUME-l \jengILOCALS-IITempIXPgrpwiseI02] 60029 CEQA Findings-West Ming 08-14-07 .doc ~~K~L> ~ 'TIP ;: 76 ~ f- ~ o 0 ORIGINAL City of Bakersfield. West Mlng 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 ofthe "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 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 WestsideParkway (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) Michael Brandman Associates C:\DOCUME-I \iengILOCALS-I\TempIXPgrpwiseI02 I 60029 CEQA Findings-West Ming 08-14-07.doc ~M~-9 ~ % >- 77 - I- l!! '0 (:) ORIGINAL City of Bakersfield. West Ming Specific Plan 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 - MingAvenue 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 of26 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 A venue 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) . 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 and PM Peak) . White Lane and Gosford Road (PM Peak) Michael Brandman Associates C:\DOCUME-] \jengILOCALS- I1TempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~~K~~ o ~ 7l: ~ o 0 ORIGINAL 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 Road/Pensinger (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 of 27 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 Avenue Project Entrance to South Allen Road . Ming A venue - South Allen Road to Buena Vista Road . Ming Avenue - Old River Road to Gosford Road . Ming A venue - 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 Road to SB 99 Ramps . Allen Road - Rosedale Highway to Brimhall Road . Allen Road - Brimhall Road to WB Westside Parkway Ramps . Allen Road - WB Wests ide 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 A venue 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 ~/l.K~-9 ti- % :.... rn 5 79 S ORIGINAL Michael Brandman Associates C:\DOCUME-I \jengILOCALS-1\TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact 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 ofthe 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. 5.U.A." 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 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 Michael Brandman Associates C:\DOCUME-I ljeng\LOCALS-I ITemp\XPgrpwise102160029 CEQA Findings-West Ming 08-14-07.doc ~ ~(l.K~-9 o ~ ~ rn aO b ORIGINAl. City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact 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 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 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 Wests ide 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 A venue and Project Entrance No. 1 - Provide all-way-stop. . Ming A venue 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 C:\DOCUME-l ljengILOCALS-I\TempIXPgJJlwise\02 I 60029 CEQA Findings-West Ming 08-14-07 .doc ~M~-9 ~ ~ '>.... iii ':::81 b o ORIGINAL 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 - 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 Avenue 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 18?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 Westside 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 C:\DOCUME-l \jengILOCALS-1\T>empIXPgrpwiseI02 I 60029 CEQA Findings-West Ming 08-14-07.doc ~fl,.K~1> cJ % ~ 82 m _ r- o 0 ORIGINAL City of Bakersfield. West Ming Specific Plan 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 C:\DOCUME-l \jeng\LOCALS-l ITempIXPgrpwisel02 I 60029 CEQA Findings-West Ming 08-14-07 .doc ~fl-K~'9 ~ ~ >- ..... I- rn ::; :; cMlGINAL 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 - 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 A venue - 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 C:\DOCUME-I\jengILOCALS-1 ITemplXPgrpwisel02 I 60029 CEQA Findings-West Ming 08-14-07 .doc 6( fQ"'K~l' 84 % ~ - I- m _ r- <..) 0 ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts . Allen Road - Wests ide Parkway Eastbound Ramps to Stockdale Highway - Add two lanes. . Allen Road - Stockdale Highway to Ming Avenue - Provide for divided roadway. . South Allen Road - Ming Avenue 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 ofthe 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. ~ ~"'K~~ o % ~ - I I'T1 '085 5 ORIGINAL Michael Brandman Associates C:\DOCUME- J ljeng\LOCALS-I \TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc City of Bakersfield - West Mlng Specific Plan 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 - Westside 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 ofthe 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 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 proposed projects that add traffic to the surrounding roadway network. Future traffic volumes are Michael Brandman Associates C:\DOCUME-lljeng\LOCALS-l \TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc i ~AK~ G~ ~ "- - _ m - r- :3 C:J ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts 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 perfonning 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 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 Windennere 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) Michael Brandman Associates C:\DOCUME- l\jeng\LOCALS-I ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~t>.K~-9 ~ % ~ 87 iii _ r- <..) t:) ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts . 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 Wests ide 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 A venue 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 RoadlPensinger (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 ~ fQ"'K~-9 o % ~ - I- m <..) r- OA'GINAL Michael Brandman Associates C:\DOCUME-) \jengILOCALS-l\T emp\XPgrpwise\02) 60029 CEQA Findings-West Ming 08-14-07 .doc City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts . Buena Vista Road - Panama Lane to McCutchen Road . Calloway Drive - Brimhall Road to WB Westside Parkway . Calloway Drive - WB Westside Parkway to EB Wests ide Parkway . Calloway Drive - EB Westside Parkway to Stockdale Highway . Coffee Road - Brimhall Road to WB Westside 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 Avenue - Ming Project Entrance to South Allen Road . Ming Avenue - South Allen Road to Buena Vista Road . Ming A venue - 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 C:\DOCUME-lyengILOCALS-1 \TempIXPgrpwise\02 J 60029 CEQA Findings-West Ming 08-14-07.doc ~ fQ"'K~-9 o % ~ - ..... m c::; 89 G ORIGINAL 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 oftraffic from cumulative project developments. . Allen Road and EB Westside Parkway (AM Peak) . Calloway Drive and WB Westside Parkway (pM Peak) . Calloway Drive and EB Wests ide Parkway (PM Peak) . Stockdale Highway and Buena Vista Road (AM and PM Peak) . Stockdale Highway and Old River (PM Peak) . Min'g A venue and Project Entrance No. I (AM and PM Peak) . Ming A venue 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) . Ming Avenue 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 Windennere Street (AM and PM Peak) . White Lane and Buena Vista 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 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 Road/Pensinger (AM Peak) . Harris Road and Gosford Road (AM Peak) . Panama Lane and Buena Vista Road (PM Peak) . Panama Lane and Gosford Road (AM Peak) ~ fQ"'k~-9 o % ~ - I- m _ r- vOfffGINA~ Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS-IITemp\XPgrpwiseI02 1 60029 CEQA Findings-West Ming 08-14-07 .doc 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 Peak) . Rosedale Highway and Coffee Road (AM and PM Peakj . Rosedale Hwy & Allen Road (AM and PM Peak) . Brimhall Road and Allen Road (AM and PM Peak) . Brimhall Road and Jewetta A venue (AM Peak) . Brimhall Road and Coffee Road (PM Peak) . Allen Road and Westside Parkway Westbound Ramps (AM and PM Peak) . Tmxtun 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 A venue and Buena Vista Road (AM and PM Peak) . Ming A venue and Ashe Road (PM Peak) . Ming A venue 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 Road/Pensinger (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 Gate/Mountain 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 C:\DOCUME-I \jengILOCALS-1 I TempIXPgrpwisel02 J 60029 CEQA Findings-West Ming 08-14-07 .doc ~ fQAk~'9 ~O <; ~ 91 m <..) l; ORIGINAL 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 Avenue - Gosford Road to Ashe Road . Ming Avenue - Ashe Road to New Stine Road . Ming A venue - 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 Wests ide 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 Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS- I\TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ fQ"'k~-9 o % ~ - = 92 I!! <..) l::1 ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts . Gosford Road - Panama Lane to McCutchen Road. . Stockdale Highway - Enos Road to Nord A venue . White Lane - South Allen Road to White Lane 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 penn its, the project applicant shall a) participate in the current, full RTIF ~ ~AI(~~ o % ~ - I- rn o G (J~'G'NAL Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1\TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc City of Bakersfield - West Mlng SpecIfic Plan 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 ofthe 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 sh!lll 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 Wests ide Parkway Westbound Ramps - Install signal. Michael Brandman Associates C:\DOCUME-l\jengILOCALS-l \TempIXPgrpwise\02 J 60029 CEQA Findings-West Ming OS-14-07.doc ~ <QAk~~ o <P ~ "1'1 ~ iii - r- <..) C:7 OR'G'NAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts . Calloway Drive and Westside Parkway Eastbound Ramps - Install signal. . Coffee Road and Wests ide Parkway Westbound Ramps - Install signal. . Coffee Road and Westside 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 A venue 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 C:\DOCUME-J\jengILOCALS-I\TempIXPgrpwiseI02J 60029 CEQA Findings-West Ming OS-14-07.doc ~ <QAk~t9 o ~ ~ - r- m 9(; [; ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact 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 lane. · 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 alloway-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. Michael Brandman Associates C:\DOCUME-l \jengILOCALS- J IT emp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc j <Qt-.k~t9 96 ~ >- - ~ rn _ r- <..) C:7 ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts . 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 A venue - 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 Westside 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 Michael Brandman Associates C:\DOCUME-I\jengILOCALS-1 ITempIXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ti- ~~J(~,\ >- -- t:: .~ q7 I:) OAIQINf\'- 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. . Rosedale Highway and Coffee Road - Construct one eastbound riglit 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 Brandman Associates C:\DOCUME-I ~eng\LOCALS- J ITemp\XPgrpwise\02J60029 CEQA Findings-West Ming 08-14-07.doc ~ <Q~K~-9 o ~ >- - m '8 b ORIGINAL 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 turn 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. · 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 Avenue 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 A venue 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 Avenue and Ashe Road - Construct one westbound right turn lane. · Ming Avenue and New Stine Road - Construct one eastbound right turn lane and one westbound right turn lane. · Ming A venue 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. Michael Brandman Associates C:\DOCUME-I \jengILOCALS- J \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~Ak~t9 o ~ ~ 99 ~ '0 0 ORIGINAL 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 for westbound right turn lane. Michael Brandman Associates C:\DOCUME-1 \jengILOCALS-1 ITempIXPgrpwise\02 I 60029 CEQA Findings-West Ming 08-14-07.doc <Q(l.K~t9 J ~ >- - I m <3 100 [; ORIGINAL 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 -Wests ide Parkway Westbound Ramps to Westside Parkway Eastbound Ramps - Add two lanes. Michael Brandman Associates C:\DOCUME-1\jengILOCALS-1 \Temp\XPgrpwiseI02J60029 CEQA Findings-West Ming 08-14-07.doc ~ <QAk~t9 o % ~ - ~101 ~ <..) C:J ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts . Calloway Drive - Westside Parkway 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 - Wests ide Parkway Westbound Ramps to Westside Parkway Eastbound Ramps - Construct as divided roadway. . Allen Road -Westside Parkway Eastbound Ramps to Stockdale Highway- Construct as divided roadway. Michael Brandman Associates C:\DOCUME-I \jengILOCALS-l \TempIXPgrpwise\02160029 CEQA Findings- West Ming 08-14-07.doc ~ <QAk~t9 o % ~ - ....... m . G 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. . 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 of the Responses to Comments Document for Revised Traffic Study which is in Chapter 2 of the Recirculated Draft EIR.), the implementation ofthe 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 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. . 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 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 - Westside Parkway EB Ramps to Stockdale Highway (LOS A to LOS E). Although the Westside 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 Brandman Associates C:\DOCUME-1 \jengILOCALS- 1 \TempIXPgrpwisel02 1 60029 CEQA Findings-West Ming OS- 14-07 .doc ~~I(~~ l'03 l ORIGINAl City of Bakersfield - West Mlng 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 curren~ly 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 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. . 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 C:\DOCUME- 1 \jengILOCALS-1 \TempIXPgrpwise\02 1 60029 CEQA Findings-West Ming 08-14-07 .doc ~ <QAK~-9: o ~ ~ - !fj G 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 ErR 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 ProjectINo Development Alternative, 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 penn it 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 C:\DOCUME-I\jengILOCALS- J\Temp\XPgrpwiseI02 I 60029 CEQA Findings-West Ming 08-14-07 .doc ~ <Q(l..ktt? o ~ pOs rn _ r- <..) 0 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 ate 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. 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 of the 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 C:\DOCUME-1 \jengILOCALS- 1 \T empIXPgrpwisel02160029 CEQA Findings-West Ming 08- 14-07 .doc <QM~-9 ~ ~ ~106 i!! '0 0 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 ofthe 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 1,734 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 ofthe existing levee system due to the 448-acre area located within a 100-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 Fannland 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 C:\DOCUME-l\jengILOCALS- 1 ITempIXPgrpwisel02J60029 CEQA Findings-West Ming 08-14-07 .doc ~ <QAk~-? o ~ ~ -- 1::107 l!! <..) 0 ORIGINAL 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 manner 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 poteQtial development areas may not meet the objectives oflocating 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 C:\DOCUME-I \jengILOCALS- 1 \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08- 1 4-07 .doc ~ <QAk~t9 o ~ ~08 iii _ r- <..) t:1 ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Feasibility of Project Alternatives 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. Michael Brandman Associates C:\DOCUME-1 \jengILOCALS-1 \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ <Q"'K~t9 if ~ 1 -- I- m _ r- c.) (:) ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Additional Findings 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 - RECIRCULATION The Bakersfield City Council hereby finds that significant new infonnation 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 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 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 infonnation 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 infonnation added to the final EIR has merely clarified or amplified or made insignificant modifications in an adequate final EIR. Michael Brandman Associates C:\DOCUME-1 \jeng\LOCALS-l \TemplXPgrpwisel02 1 60029 CEQA Findings-West Ming 08- 14-07 .doc ~ <Q(l..K~t9 o ~ iib iii _ r- <..) 0 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. The location and custodian ofthe final EIR and the documents and other material which constitute the 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 C:\DOCUME-1 \jengILOCALS-1\Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ <Q"'K~-? o % ~11 m _ r-- <..) 0 ORIGINAL City of Bakersfield - West Mlng Specific Plan CEQA Findings and Findings of Fact EXHIBIT "Dn Attachment A: Statement of Overriding Considerations Michael Brandman Associates H:\Client (PN-JN)\0216\02160029\Findings\02160029 CEQA Findings-West Ming 06-12-07 .doc ~ ~M~'9 Q % ~ - I- m - ,- <..) c;, ORIGINAL City of Bakersfield. West Mlng 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 fmds, after balancing these impacts with the benefits of the project, that those impacts are outweighed by the benefits of the project. Further, the alternatives which were identified in the final 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 H:\Client (PN-JN)\0216\02160029\Findings\02160029 CEQA Findings-West Ming 06-12-07 .doc A-1 ~ ~Ak~-s> C) % ;:.... - I- III _ r- <..) t:l ORIGINAL CIty of Bakersfield - West Mlng 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 infonnation contained in the fmal 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 of the project, against the unavoidable adverse impacts of the project, states the specific reasons to support its approval of the project. MIchael Brandman Associates H:\Clienl (PN-JN)\02 1 6\02 160029\Findings\02 160029 CEQA Findings-West Ming 06-12-07 .doc A.2 ~ <QAI(~t9 o ~ ;:.... - ..... m _ r- <..) 0 ORIGINAL EXHIBIT "E" WEST MING (GPAlZC #03-1544) MITIGATION MONITORING AND REPORTING PROGRAM ~ <QAkct? o % ~ - I- m _ r- <..) C) ORIGINAL ~ 1 f It " i 01 .~ ~ c: i c: :8 I i c CIS a: = c c~ .!8. a..G) ~D:: .- 'ts Co) c !.CIS 0= c ='C .5.9 ~.- c ';)0 ~~ o = CIS = :e ~ 9: IQ t: a I c: J! Q: .g 'ij !- 01 .s :E .. Xl J: $ ~ .~ ~ j ~ ~ ~ r:: o c..,.. 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