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Home My WebLink AboutORD NO 4457 ORDINANCE NO. (i!..1. . 4457 "-: . ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BEnNEEN CASTLE AND COOKE CALIFORNIA, INC. AND BOLTHOUSE FARMS, LLC AND THE CITY OF BAKERSFIELD FOR THE WEST MING PROJECT. WHEREAS, California Government Code sections 65864-65869.5 authorize the City of Bakersfield (City) to enter into development agreements with persons having legal or equitable interests in real property for the development of the property; and WHEREAS, the City and Castle and Cooke California, Inc. and Bolthouse Farms, LLC have negotiated that certain development agreement ("Development Agreemenf'), attached hereto as Exhibit UB" and incorporated herein by reference, relating to proposed development of that certain real property consisting of approximately 2, 182 acres of land to allow for the development of the West Ming Specific Plan located on property bounded by Ming Avenue, Southem Pacific Railroad (Asphalto Branch), Buena Vista Road and West Beltway, as shown in attached Exhibit "A," and 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, at the hour of 12:30 p.m., and on Thursday, December 21, 2006, at the hour of 5:30 p.m. on the development agreement. Notice of the time and place of pUblic hearing before said Planning Commission on said application, was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code, at least ten (10) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the public hearing held by the Planning Commission on December 21,2006 was closed and the matter was continued to January 4, 2007 in order that comments submitted shortly before said public hearing could be considered and responded to; and WHEREAS, related General Plan Amendment/ Specific Plan Amendment/Zone Change No.03-1544 has been approved by the City Council; and WHEREAS, pursuant to Government Code section 65867.5, which require that any such development agreement be approved by ordinance, a proposed ordinance to approve the development agreement has been prepared that contains the findings required for approval of a development agreement.; and WHEREAS, the Planning Commission recommended approval with the following findings as set forth in Resolution No. 07-07, adopted on January 4,2007; and WHEREAS, the public hearing 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, 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, JUNE 18, 2007 and THURSDAY, JUNE 21, 2007 on General Plan Amendment No. 03-1544 ofthe proposed amendment to the Land Use, Kern River Plan and Circulation Elements of the Metropolitan Bakersfield General Plan, and fl,1( adoption of a the West Ming Specific Plan, notice of the time and place of hearing having been givel)..<4l' C'~~ least ten (10) calendar days before said hearing by publication in The Bakersfield Californian, a I~I ;t newspaper of general circulation; and ~ 6 ORIGiNAl 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. 110-07, adopted on June 21, 2007: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. An Environmental Impact Report was prepared and sent to responsible agencies and property owners within 300 feet of the project site. An Environmental Impact Report was prepared for this project in accordance with CEQA. 4. That the Final Environmental Impact Report for Zone Change No. 03-1544 has been certified. 5. That infrastructure exists or can easily be provided to accommodate the t}pes and intensities of the proposed development. 6. The public necessity, general welfare and good zoning practice justify the recommended WM-R1 (West Ming One Family Dwelling Zone) on 448 acres, to WM-R2 (West Ming Limited Multiple Family Dwelling Zone) on 1,358 acres, to WM-R3 (West Ming Limited Multi-Family Dwelling Zone) on 43 acres, to WM-CO (West Ming Professional and Administrative Office Zone) on 41 acres, to WM-GC (West Ming General Commercial Zone) on 9 acres, to WM-TC (West Ming Town Center Zone) on 63 acres, and to WM-SU (West Ming Special Use Zone) on 220 acres, as shown on attached map hereto as Exhibit "B," of that certain property within the City and that certain property being annexed to said City of Bakersfield. 7. The Development Agreement is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 03-1544. 8. That Zone Change No. 03-1544, as outlined above, is hereby subject to "Mitigation/Conditions of Approval" shown on Exhibit "C," subject to prior approval of General Plan Amendment No. 03-1544. 9. Attached Exhibit "D" containing the "Statement of Overriding Considerations" related to significant unavoidable impacts to agricultural resources, noise, and transportation/traffic is appropriate and incorporated into the project. 10. The project is hereby subject to the "Mitigation Monitoring and Reporting Program" adopted and certified in the Final Environmental Impact Report as shown in Exhibit "E" ~f>.1(C'~ ti' ~ >- ~ I- ... c:; 0 ORIGINAL Page 2 of 4 11. The laws and regulations relating to the preparation and adoption of EIR's as set forth in CEQA, the State CEQA Guidelines, and the Cityof Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council make the following findings: 1. The above recitals and findings incorporated herein by reference are true and correct and constitute the Findings of the City Council in this matter. 2. The report of the Planning Commission, including maps and allleports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 3. Pursuant to Government Code Section 66473.7, the development agreement includes a proposed subdivision as defined by said Section, the development agreement provides that any tentative map prepared for the subdivision comply with the provisions of Government Code Section 66473.7. 4. The Development Agreement between the City of Bakersfield and Castle and Cooke California, Inc. and Bolthouse Farms, LLC, relating to development of that certain real property consisting of approximately 2,182 acres of land to allow for the development of the West Ming Specific Plan located on property bounded by Ming Avenue, South em Pacific Railroad (Asphalto Branch), Buena Vista Road and West Beltway (GPA/SPA/ZC No. 03-1544) is hereby approved. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ......._-()() ()--_..... Page 3 of 4 ~ <o(1.1(C'-9 C> ~ >- - I- m _ r- t.'> 0 ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUG 2 9 2001 by the following vote: ~ ~ ABSTAIN: ~ .........-- ~v v- -- v--- COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: s.. ~ , Qt) ~ ,~ or--- ~Li. fYtL PAMELA A. McCARTHY, C CITY CLERK and Ex Officio erk of the Council of the City of Bakersfield APPROVED APPROVED as to form: VIRGINIA GENNARO City Attomey By: ~Jn,~ EXHIBIT A B C D E Location Map Development Agreement Statement of Facts, Findings, and Mitigation Measures Statement of Overriding Considerations Mitigation Monitoring and Reporting Program Jeng\ S:\West Ming Specific Plan\CC\Feb 28-07\Dev Agr Ord.doc August 13, 2007 Page 4 of 4 ~ f(,(l.1(~-9 C> ~ >- - I- m _ r- <..:> 0 ORIGINAL EXHIBIT "A" 7.? 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'. -- - '" "'" PACHECO RD I I I \ I ~ ....;.. ----- f . I PANN4ALN I " . ~~~~ElXJ 3.333 [][J[Ij[]UD Michael Brandman Associates 02160029.05/200613-2_vicinityJocation_map.cdr 1 ,666.5 o 3.333 c=J City of Bakersfield c=J Unincorporated Kern County ~ ~p..1(~-9 Vicinity Locatio~ap ~ _ r- t:l WEST MING SPECIFIC P~~~AL Source: Thomas Guide Digital Edition, 2004. SCALE IN FEET EXHIBIT "B" WEST MING DEVELOPMENT AGREEMENT (Executed copy on file with the City of Bakersfield's City Clerks Office) ~ ~(1.1(~"9 C> ~ ::>- - I- m _ r- <..) 0 ORIGINAL .--/ " RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: RECORDING REQUESTED BY CITY OF BAKERSFIELD RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 27383 City Clerk (Space Above Line For Recorder's Use Only) , DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BAKERSFIELD AND CASTLE & COOKE CALIFORNIA, INC. AND BOLTHOUSE PROPERTIES, LLC ~ <of\.1(~~ C> ~ >- - I- m _ r- 06/11/20t8RIGINA~ S:\Plaoning\AgrslO6-07 Development Agrs (CFD)IWestMing.Castle&CookeDevAgrFnl.06.II.07.doc DEVELOPMENT AGREEMENT BY AND BETWEF;N THE CITY OF BAKERSFIELD AND CASTLE ~.COOKE CALIFORNIA, INC. AND BOL TltOUSE PROPERTIES, LLC THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of this _ day of , 200_, by and between the CITY OF BAKERSFIELD, a charter city ("City"), and, CASTLE & COOKE CALIFORNIA, INC., a California corporation and BOLTHOUSE PROPERTIES, LLC, a California limited liability corporation (collectively "Developer"). RECIT ALS: WHEREAS, the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and WHEREAS, California Govemhient Code Sections 65864-65869.5 (the "Development Agreement Statute") were therefore enacted authorizing a municipality to enter into binding development agreements with persons having legal or equitable interests in real property; and WHEREAS, Developer has a legal or equitable interest in 2,181.87 acres of real property t.. I located within the City's sphere of irifluence, more particularly described in Exhibit "A," attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, subject to the provisions of the "Project Approvals" (as defined below), Developer's project proposal known as the "West Ming Specific Plan" ("Specific Plan") will consist of a mixed-use master-planned community, including approximately 7,450 residential units, and permitting various other uses including, commercial, parks, school sites, light industrial, and other special uses, together with roads, related parking, landscaping and Development Agreement with Castle & Cooke Calif. IDe. West Ming Specific Plan S:\PlanninglAgrs\06-07 Development AI" (CFD)IWestMing.Castle&CookeDevAgrFnJ.06-11-07.doc -June 11. 2007 supporting public and private infrastructure, as more particularly described in the Specific Plan 'Ofl-K~-9 ~ ~ >-- - I- m - .- o 0 ORIGINAL -- Page 1 of 30 Pages -- (collectively, the "Project"), as generally depicted on the illustrative plan attached hereto as Exhibit "B," and incorporated herein by this reference; and WHEREAS, on , 200_, the City Council (the "Council"), after making appropriate findings, certified the Environmental Impact Report ("EIR") pursuant to the provisions of the California Environmental Quality Act ("CEQA"), and adopted Resolution No. _, approving General Plan Amendment No. _, Resolution [Ordinance] No. approving Specific Plan No. , Ordinance No. _, approving Zone Change No. _, and Ordinance No. _, approving Development Agreement No. _, Resolution No. , approving Vesting Tentative Tract No. (the "Tentative Map") (collectively, the "Project Approvals"); and ~ ! WHEREAS, development of the Project as planned will further the comprehensive planning objectives contained within Cliy's general plan, as amended, (the "General Plan"), and is anticipated to result in public benefits, including, among others, the following: 1. Fulfilling long-term economic and social goals for City and the community; 2. Providing fiscal benefits to City's General Fund m terms of increased employment and property tax revenues; 3. Providing both short-term construction employment and long-term permanent employment within City; 4. Financing and constructing significant infrastructure improvements that will serve the region and the community; 5. Phasing the construction of public infrastructure improvements with private development; 6. Providing housing which will help to satisfy City's obligation to meet City's share of regional housing needs; and Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\PIanuing\Agrs\06-07 Development Agrs (CFD)\WestMing.Castle&CoobDevAgrFnJ.06-1I-07.doc -June 11. 2007 -- Page 2 of 30 Pages -- ~ <of>..1(~-9 C> ~ >- - I- m _ r- <.) 0 ORIGINAL 7. Enhancing City's active and passive recreational elements. WHEREAS, Developer has requested City to enter into a development agreement pursuant to the Development Agreement Statute; and WHEREAS, for the reasons recited herein, City has determined that the Project is a development for which a developmerit agreement is appropriate under the Development Agreement Statute; and WHEREAS, the Council has determined that this Agreement is consistent with the General Plan and specifically has dete~ined that this Agreement is fair, just and reasonable, and City has concluded that the economic interests of its citizens and the public health, safety and welfare will be best served by entering into this Agreement; and WHEREAS, the Planning Comihission of City (the "Planning Commission") held duly noticed public hearings on this Agreement on _,200_; and WHEREAS, the Council, after a duly noticed public hearing, adopted Ordinance No. _, approving this Agreement on _,200_, which Ordinance became effective on (the "Effective Date"); and WHEREAS, City does not norinally enter into long term development agreements because development fees are frozen; and WHEREAS, City would not enter into this Agreement unless it was assured that fees would not be frozen and new infrastructUre and construction requirements could be applied to the area covered by this Agreement (except to the extent expressly stated otherwise in this Agreement); and WHEREAS, notice of intention to consider adoption of this Agreement has been given as .,';t: provided in California Government Code Sections 65090 and 65091, in addition to all other , notices required by law for actions to be considered concurrently therewith, as required by California Government Code Section 65867; and WHEREAS, Developer desires to enter into this Agreement to avoid possible future development restrictions, give Developer iong term development assurances and allow Developer <o"'K~1> ~ ~ >- - ..... m _ r- (.) Q ORIGINAL .. Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:lPIaoning\AgrsI06-07 Development All" (CFD)\WestMing.CastJe&CookeDevAgrFnl.06-t J -07.doc -June II, 2007 -- Page 3 of 30 Pages -- flexibility in timing development decisions, and not for the purpose of freezing development fees or avoiding new infrastructure or construction requirements. AGREEMENT NOW, THEREFORE, incorporating the foregoing recitals into this Agreement and in consideration of the mutual promises, obligations and covenants herein contained, the City and Developer mutually agree as follows: SECTION I. PUBLIC BENEFIT. The parties acknowledge and agree that development of the Project will result in substantial public needs which will not be fully met by the Project under existing ordinances, policies, rules and regulations, and that this Agreement confers substantial private benefits on Developer which should be balanced by commensurate public benefits. Accordingly the parties intend to provide consideration to the public to balance the private benefits conferred on Developer by providing more fully for the satisfaction of the public needs resulting from the Project as follows: A. Urban Park Development Fee. Developer agrees to pay a park development fee in the amount of $1,275 per residential unit, which amount shall remain unchanged while this Agreement is in effect, to be imposed and collected at the time of issuance of a building permit. This fee shall be used in the acquisition and/or development of a regional park to be located on Taft Highway between Gosford and Ashe Road, or as otherwise specified by the City. This fee is in addition to the current park acquisition and development fees required by Bakersfield Municipal Code Chapters 15.80 and 15.82. B. Fire and Police Equipment ImDact Fee. Developer agrees to pay a fee to provide for the purchase of equipment and apparatus required for police and fire sei'vices to be used in southwest Bakersfield. Said fee will be imposed and collected at the time of issuance of a building permit in the amount of $234 per residential unit, which amount shall remain unchanged while this Agreement remains in effect. In the event the City adopts a City-wide fee for the purchase of equipment and apparatus for Development Agreement with Castle & Cooke Calif. inc. West Ming Specific Plan S:\PIanning\Agrs\06-07 Development Agrs (CFD)IWestMing.Castle&CookeDevAgrFnI.06-II-07.doc -June II. 2007 -- Page 4 of 30 Pages -- <oM~-9 ~ ~ >- - I- mn_ r- o 0 ORIGINAL police and fire services that is less than $234 per residential unit, then Developer shall pay only the lesser fee, from the date of adoption. In the event the City adopts a City-wide fee for the purchase of equipment and apparatus for police and fire services that is greater than $234 per residential unit, Developer shall receive a credit against that larger fee for any fees paid under this Paragraph. C. Community Facilitv District for Public Facilities and Ooeration and Maintenance. Developer agrees to support the establishment of a Community Facilities District to include all property covered by this Development Agreement. The intent of the district is to provide financing for the operation and maintenance of public facilities and services, including salary and benefits of personnel, as well as capital costs related to public facilities and infrastructure, in southwest Bakersfield required to support the Project as described in this Development Agreement. Services to be included in the district are Fire and Police Protection Services in an amount of $287 per residential unit annually for the first ten (10) years of development under this Agreement and $174 per residential unit annually for the remaining term of this Development Agreement. The commencement of the first ten (10) year period shall begin upon issuance of the first building permit for a residential unit within the Project area, and only . - those residential units for which a building permit has been issued will be subject to the services tax. In the event the City adopts a City-wide tax to pay for the operation and maintenance of public facilities and/or services for fire and police protection, then Developer shall receive a credit against such tax in the amount of any special taxes paid under this Section. D. Other Fees. Except as oiherwise specifically provided in paragraphs A, B, and C of Section I and paragraphs D.2 and d of Section II of this Agreement, the City is under no obligation to freeze any development or other fees that may apply now or in the future to the Project. Development Agreement with Castle & Cooke Calif. :me. West Ming Specific Plan S:\PJanning\Agn\06-07 Development Agrs (CFD)\WestMing.Ca.tle&CookeDevAgrFnl.06-1 J-07.doc -June It. 2007 -- Page 5 of 30 Pages -- ~ <Q(l.1(~-9 C> ~ :>- - I- m _ r o 0 ORIGINAL SECTION II. PROJECT DEVELOPMENT A. Permitted Uses densities. intensities. hei2ht. size and dedications. Developer shall be permitted to develop the Property in accordance with the Specific Plan, and the permitted uses of the Property, the densities and intensities of use of the Property, and the maximum height and size of proposed buildings on the Property shall be as permitted by the Specific Plan. Any provisions for reservation or dedication of land for public purposes shall be as permitted by the Specific Plan or as set forth in this Agreement. Where provisions are not specified in this Agreement or the Specific Plan, standards, ordinances, resolutions, rules or policies in effect at the time of development shall apply to the Project. B. Rules. Re2Ulations and Official Policies. 1. ADDlicable Rules. The parties hereby agree that, for the term of this Agreement, the rules, regulations and official policies governing permitted uses, governing density, and governing design, improvement and construction standards and specifications applicable to development of the Property and the Project shall be those rules, regulations and official policies in force at the time of the Effective Date, including, without limitation, the Project Approvals (collectively, the "Applicable Rules"). Notwithstanding the foregoing, nothing in this Agreement shall preclude City from applying changes occurring from time to time in the Uniform Building Code, Uniform Electrical Code, Uniform Fire Code, Uniform Mechanical Code, Uniform Plumbing Code or Public Works Subdivision and Engineering Design Manual, provided that such changes (i) are found by City to be necessary to the health or safety of the citizens of City, (ii) are generally applicable to all similar types of property in City. 2. Conflictin2 Enactments. Any change in the Applicable Rules, including, without limitation, any change in any applicable general, area or Specific Plan, zoning, subdivision or building rule or regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the Council, the Planning Commission or any other board, agency, commission, Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\PJanning\Agrs\06-07 Development Agrs (CFD)\W estMing.Castle&CookeDev AgrFnl.06-11-07 .doc -June 11,2007 -- Page 6 of 30 Pages -- <o~KS"-9 ~ ~ >- - I- m _ r- t.'> 0 ORIGINAL committee, or department of City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Property and which would conflict in any way with or be more restrictive than the Applicable Rules ("Subsequent Rules"), shall not be applied by City to the Property except reasonable provisions required to address health and safety requirements applicable to all property in the City. Developer may give City written notice of its election to have any subsequent change to any Applicable Rule applied to the Property, in which case such subsequent change shall be deemed to be an Applicable Rule. 3. Setbacks. Desien Guidelines. Landscaue Guidelines and Park Imurovements. Except as may otherwise be provided in this Agreement, the front, side, and rear setbacks and the design and landscape guidelines for all structures within the Project shall be consistent with and conform to the Applicable Rules. 4. Chanees in Rules. Rel!Ulations and Official Policies. Nothing in this Agreement shall be deemed to prevent the City from enacting or adopting changes in the method and procedures for processing any development entitlement including, but not limited to, general plan amendments, zone changes, site plan review, improvement plans, subdivision and parcel maps, so long as such changes do not preclude or materially burden Developer's vested rights as set forth in this Agreement. 5. Develoument Aereement Parity. City acknowledges that it has entered into development agreements with some developers and may negotiate agreements with others with the intent that all fees and taxes identified under Section I of this Agreement and the other agreements shall, in the aggregate, be substantially the same. In the event City enters into a development agreement with another developer ("other agreement") covering undeveloped land on which is proposed a mixed-commercial/residential master plan development similar to that covered by this Agreement which other agreement has an aggregate fee and tax under Section I that is less than that proposed under this Agreement, the Parties hereto shall negotiate in good faith to amend this Agreement to match, as nearly as possible, the lower aggregate fee and tax -- Page 7 of 30 Pages -- ~ ~AkC'-9 C> ~ .).. - I- m - r- I,,) 0 ORIGINAL Development Agreement with Castle & Cooke Calif. inc. West Ming Specific Plan . S:lPIanninglAgrs\06-07 Development Agrs (CFD)\WestMing.Castle&CookeDevAgrFnJ.06-11-07.doc -June 11. 2007 reflected in the other agreement. The parties hereby acknowledge that the provisions of this Paragraph shall not apply where the City enters into a development agreement with LBREPIL- Suncal MacAllister Ranch, or its successor-in-interest, for the development known as McAllister Ranch. C. Future Approvals. Any development of the Property shall require all discretionary approvals required by the Applicable Rules (collectively, the "Future Approvals"). Upon granting any of the Future Approvals, they shall become part of the Applicable Rules, and Developer shall have a "vested right", as that term is defined under California law (including a "vested right" as that term is used in California Government Code Section 66498.1), in and to such Future Approvals by virtue of this Agreement. D. Permitted Fees and Exactions/Sewer Connection Fees. 1. Except as otherwise provided in this Agreement, and specifically excluding fees set by entities not controiied by City that are collected by City, City shall only charge and impose those fees and exactions, including, without limitation, dedications and any other fee or tax (including excise, construction or any other tax) relating to development or the privilege of developing, which are in effect on a City-wide basis on the Project. The City agrees to include the Project in the City-wide traffic model and to amend the model to include regional . .. roadway improvements eligible to be financed and constructed under the Bakersfield Metropolitan Area Regional Traffic Impact Fee Program. 2. Developer agrees tb pay City residential sewer connection fees that are applicable at the time of the Effective Date. Developer further agrees to pay the fixture unit connection fee for commercial and industrial use that is current at the time of building permit issuance. The residential fees will not be subject to any increase provided a pre-payment plan is reached with the City that requires all residential fees to be paid within three (3) years from the date of the Notice of Completion of aimexation of the Property and including Developer's proportionate share of the cost of the defined sewer trunk line. Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:lPIanninglAgn\06-07 Development Agn; (CFD)\WestMing.Castle&CooIceDevAgrFnl.06-II-07.doc -June 11. 2007 -- Page 8 of 30 Pages -- <0 "-KS'-9 ~ ~ >- - I- rn _ r- o 0 ORIGINAL E. Reservation of Land for West Beltwav. The West Beltway alignment as depicted on Exhibit "C," hereto, will be reserved by Developer until this Agreement terminates. Any future compensation for the West Beltway rights-of-way shall be exclusive of the 90 foot right-of-way that is required to be dedicated if the Beltway is not constructed. City agrees to acquire an additional 120-foot width portion of the West Beltway, but up to a 160-foot portion at interchange and bridge locations (90 feet of width being a condition of free dedication), for the future West Beltway right-of-way concurrent with the fIrst tract map recordation (including recordation of a fInal map for fInancing or conveyance purposes only, or the fIrst partial fInal map if the approved tentative tract map subdivides the subject property into individual lots) using an appraisal by an independent appraiser mutually acceptable to City and Developer, paid for one-half by City and one-half by Developer. In the event City and Developer are unable to agree upon a mutually acceptable appraiser after good faith efforts to do so, the independent appraiser shall be selected by the City. The date of valuation for the property to be acquired shall be the date of recordation of the fIrst tract map. The City shall pay the appraised value but in no case greater than $50,000 per acre. F. Permitted Conditions. Provided Developer's applications for any Future Approvals are consistent with this Agreement and the Applicable Rules, City shall grant the Future Approvals in accordance with the Applicable Rules and authorize development of the Property for the uses and to the density of the Project described herein. In connection with any Future Approvals, City shall have the right to impose reasonable conditions including, without limitation, normal and customary dedications for rights-of-way or easements for public access, utilities, water, sewers, and drainage necessary for the Project; provided, however, such conditions and dedications shall not be inconsistent with the Applicable Rules or Project Approvals, nor inconsistent with the development of the Project as contemplated by this Agreement. Developer may protest any conditions, dedications or fees while continuing to , develop the Property; such a protest by Developer shall not delay or stop the issuance of building permits or certifIcates of occupancy. ~ ~f>.1(c?> o ~ .:.... - f- m _ r- <..) 0 ORIGINAL Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\Planning\AgnI06-07 Development All!' (CFD)\WestMing.Castle&CookeDevAgrFnJ.06.1I-07_doc -June 11.2007 . . -- Page 9 of 30 Pages -- G. Term of MaD(s). Pursuant to California Government Code Sections 66452.6(a) and 65863.9, the term of any tentative map(s), map(s), vesting tentative map(s), tentative parcel map(s), vesting parcel map(s), tract map(s), final map(s), and any other form of subdivision map(s) relating to all or a portion of the Project on all or any portion of the Property shall be extended for a period of time to the longer of, (i) the scheduled termination date of this Agreement as set forth in Section V.I below, or (ii) the term of such maps under applicable provisions of the Subdivision Map Ad, including any non-discretionary extensions and any granted discretionary extensions thereof; except that development impact fees shall be frozen by I virtue of any such map only for a period of time equal to the term of such map(s) which would exist absent this Agreement under applicable provisions of the Subdivision Map Act, including any automatic non-discretionary extensions thereof. H. Timme of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that, subject to any infrastructure phasing requirements that may be required by the Project Approvals or any Future Approvals, Developer shall have the right (without obligationj to develop the Property in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. I. Moratorium. No City-imposed moratorium (except those for public health and safety) or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the Council, an agency of City, the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved, issued or granted within City, or Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\PlanninglAgnI06-07 Development Agn (CFD)\WestMing.Castle&CookeDevAgrFnJ.06-1 l-07.doc -June 11. 2007 i: -- Page 10 of 30 Pages -- ~ <op..1(~1> C> ~ >- - I- rn _ r- <..) <::1 ORIGINAL portions of City, shall apply to the Property to the extent such moratorium or other limitation is in conflict with this Agreement; provided, however, the provisions of this Section shall not affect City's compliance with moratoria or other limitations mandated by other governmental agencies or court-imposed moratoria or other limitations. J. Infrastructure Capacitv. Subject to Developer's installation of infrastructure and payment of all imposed fees in a timely manner in accordance with the requirements of the Project Approvals and any Future Approvals, City hereby acknowledges that it will have sufficient capacity in its infrastructure, services and utility systems, including, without limitation, traffic circulation, storm drainage, flood control, electric service, sewer collection, sewer treatment, sanitation service and, except for reasons beyond City's control, water supply, treatment, distribution and service, to accommodate the Project. To the extent that City renders such services or provides such utilities, City hereby agrees that it will serve the Project and that there shall be no restriction on hookups or service for the Project except for reasons beyond City's control. K. Infrastructure Phasine Flexibilitv. Notwithstanding the provisions of any phasing requirements in the Project Approvals, Developer and City recognize that economic and market conditions may necessitate changing the order in which the infrastructure is constructed. Therefore, City and Developer hereby agree that should it become necessary or desirable to develop any portion of the Project's infrastructure in an order that differs from the order set forth in the Project Approvals, Developer and City shall collaborate and City shall permit any modification requested by Developer so long as, solely based on City determination, the modification continues to ensure adequate infrastructure is available to serve that portion of the Project being developed. The Developer agrees to be fully responsible for any and all costs resulting from any change in phasing. L. Develoument AereementJProiect Approvals. In the event of any inconsistency between any Applicable Rule, Project Approval or Future Approval and this Agreement, the provisions of this Agreement shall control. ~ ~p.1(~~ C> ~ >- -- I- (T\ _ r- <..) 0 ORIGINAL Development Agreement with Castle & Cooke Calif. iDe. West Ming Specific Plan S:\Planning\Agrs\06-07 Development Agn (CfD)IWestMing.Castle&CookeDevAgrFnl.06-1I-07.doc -June 11. 2007 -- Page 11 of 30 Pages -- M. PubliclPrivate Streets and Roadwavs. The interior roadway system within the Project (streets not included in the Circulation Plan) may be a combination of public and private streets, subject to City approval. Interior streets, not included in the Circulation Plan, will be designed by Developer and approved by the City with subsequent tentative subdivision maps. Residential streets shall be constructed by Developer in conformance with the residential street sections provided in the Specific Plan and pursuant to City standards. Any or all interior streets within the Project may be either public or private, at the discretion of City. All private streets within the Project shall be maintained by and at the expense of one or more homeowners' associations or property owners' associations established by Developer. All City-owned public roadways within the Project shall be maintained by and at the expense of the City. N. Maintenance of Landscauine: in Parks and Within Riahts-of-Wav. All Property within the Project benefited by street landscaping or park improvements shall be included in the City's Consolidated Maintenance District. Provided all required maintenance is assumed by one or more homeowners' associations or property owners' associations within the Project, maintenance district assessments for those properties within the Project shall be zero dollars ($0.00). Any maintenance not so assumed shall be performed by City and shall be assessed on all Property benefited by the street landscaping or park improvements within the Project. 1. In the event one or more property owners' associations or homeowners' associations provides maintenance for the street landscaping or park improvements as provided in the above paragraph, said property owners' associations or homeowners' associations shall enter into a written agreement with the City wherein they shall, among other things, indemnify the City and provide bonding and insurance as required by the City. O. River Levee. Developer intends to design, engineer and construct a levee as may be necessary or desired by Developer to divert storm flows of the Kern River from the Project. Said designing, engineering, and construction shall be subject to the prior approval of the City. The City agrees to use its best efforts to timely process all City-related approvals ~ <Qfl,1(~-9 C> % ;:.... - I- m _ r- t.'> 0 ORIGINAL Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\P1anning\Agrs\06-07 Development Agrs (CfD)\WestMing.Casde&CookeDevAgrFnl.06-II-07_doc -June 11,2007 -- Page 12 of 30 Pages -- related to the levee. Developer understands that approval from other regulatory agencies may also be necessary. P. Park DeveloDment. Developer shall dedicate land for and improve to City standards a minimum of 56 acres of public park area within the Project in accordance with the Specific Plan for the Project. The final locations 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 under the Specific Plan (paragraph 9.1) and the Public Open Space Plan (Exhibit 9-1 to the Specific Plan). Such dedication and improvement shall satisfy all Developer's requirements under the Quimby Act (California Government Code Section 66477) and under Bakersfield Municipal Code Chapters 15.80 and 15.82. Q. Water SUDDlv/Availabilitv. If and to the extent required under Government Code Section 65867.5, any tentative map prepared for the Project will comply with the provisions of Government Code Section 66473.7. SECTION III. COOPERATIONIIMPLEMENTATION. A. Further Assurances: Covenant to Silffi Documents. Each party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, that may be necessary or proper to achieve the purposes and objectives of this Agreement. B. Reimbursement. Nothing in this Agreement precludes City and Developer from entering into any reimbursement agreements for the portion (if any) of the cost of any dedications, public facilities and/or infrastructure that City may require as conditions of the Project Approvals or the Future Approvals, to the extent that they are in excess of those reasonably necessary to mitigate the impacts of the Project, and to the extent other landowners are benefited. C. Public Financin2 of Improvements. Developer may, from time to time, request ,.. City to establish, subject to adopted policy for infrastructure financing, one or more assessment and/or community facilities districts to finance infrastructure, public facilities and/or fees ~ <o(l..K~t9 C> ~ >- - I- m _ r- <.) D ORIGINAL Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\PJanning\Agn;I06-07 Development Agn; (CFD)\WestMing.Castle&CookeDevAgrFn\.06-11-07.doc -June 11. 2007 -- Page 13 of 30 Pages -- ("Financing Mechanism") that may be required in connection with the development of the Project. In addition, City is willing to sponsor a Community Facilities District which, when combined with other ad valorem taxes and assessments (as 'set forth in the City's Community Facilities District policy), creates a maximum effective tax rate of up to 2 percent of the estimated base sales price of the subject properties. City agrees to use its reasonable efforts to implement such requests subject to applicable state and federal law and to the Applicable Rules and subject to the following general considerations: 1. General Parameters. a) Upon written request of the City, Developer will advance amounts necessary to pay all costs and expenses of City to evaluate and structure any Financing Mechanism, to the end that City will not be obligated to pay any costs related to the formation or implementation of any Financing Mechanism from its own general funds or any other source of City revenue. City staff will provide the Developer with a preliminary budget for such costs, and will advise Developer from time to time as to any necessary modifications to that budget. 2. Public Improvements. a) Developer shall submit to City its phasing plan for any public facilities to be financed, including the priority and financing needs relative to the public improvements. City will use available proceeds of any public financing in accordance with such priorities, and as otherwise provided in this Agreement, consistent with policy on Financing Mechanisms. b) City will determine the means by which such improvements will be acquired by City consistent with existing City policies and procedures. c) In addition, any financing may include amounts necessary to discharge any assessment, special tax or other liens on the Property. 3. Financine: Parameters. a) Any public financing shall be secured solely by assessments or special taxes levied within the respective district, proceeds of the bonds issued that are placed in Development Agreement with Castle & Cooke Calif. Illc. West Ming Specific Plan S:\Planning\Agn\D6-07 Development Agrs (CFD)\WestMing.Castle&CookeDevAgrFnl.06-11-07.doc -June 11.2007 ~MC:-I$> ~ ~ ;;.. -- I- ~ U 0 ORIGINAL -- Page 14 of 30 Pages -- a bond fund, reserve fund or other such fund for the financing and investment earnings thereon. City's general fund shall not be pledged to the repayment of any public financing. b) The payment of actual initial and annual administrative costs of City to be incurred in connection with any Financing Mechanism shall be adequately assured, through the inclusion in any assessment or special tax methodology of appropriate provisions for such costs as estimated by City, to the end that City's general fund shall not be called upon to provide for initial or any annual administrative costs related to any Financing Mechanism. D. Processine:. Upon satisfactory completion by Developer of all required preliminary actions and payments of appropriate processing fees, if any, City shall, subject to all legal requirements, use reasonable efforts to complete in a timely manner all required steps to grant any approvals and permits necessary for the development by Developer of the Property in accordance with this Agreement, including, but not limited to, the following: 1. The processing of applications for and issuance of all discretionary approvals requiring the exercise of judgment and deliberation by City, including without limitation, the Future Approvals; 2. The holding of any required public hearings; 3. Completing and returning all plan checks within three weeks of submittal. The methodology of achieving that goal, i.e. whether by designating a full time reviewer or using contract services, etc., will be left to the discretion of the City. E. Processine: Durine: Third Partv Litie:ation. The filing of any third party lawsuit(s) against City or Developer relating to this Agreement, the Project Approvals, any Future Approvals or to other development issues affecting the Property shall not delay or stop the development, processing or construction of the Project, approval of any Future Approvals, or issuance of Ministerial Approvals, unless the third party obtains a court order preventing the activity. Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\Planning\AgrslJJ6-07 Development Agrs (CFD)\WestMing.Castle&CookeDevAgrFnJ.06-11-07.doc -June 11, 2007 -- Page 15 of 30 Pages -- ~ <o(l..1(~1)> C> % >- -- I- m _ r- '" 0 ORIGINAl,.. F. Defense of Al!:reement. If this Agreement is adjudicated or determined to be invalid or unenforceable, City agrees, subject to all legal requirements, to consider modifications to this Agreement to render it valid and enforceable to the extent permitted by applicable law. G. DesimlDevelooment Standards. Notwithstanding the provisions of the Applicable Rules, the following design/development standards shall apply to the Project: 1. Easements. Easements dedicated for pedestrian use shall be permitted to include easements for underground drainage, water, sewer, gas, electricity, telephone, cable and other utilities and facilities so long as they do not unreasonably interfere with pedestrian use. H. Model Homes. Each subdivision tract is permitted a maximum of six model homes, one of which may include a sales tract office, for each home builder in the tract. Additional model homes may be permitted subject to approval by the planning director. Model homes may be constructed prior to recordation of a final map for the tract; however, no such home shall be offered for sale or rent, or be sold or rented until the final map has been recorded. I. Amendments to Entitlements. It is contemplated by City and Developer that Developer may, from time to time, seek minor changes to one or more of the Project Approvals. Any such changes are contemplated by City and Developer as being within the scope of this Agreement as long as they are minor and are consistent with the Applicable Rules. Upon approval by City, minor changes will continue to constitute the Project Approvals as referenced herein. The parties agree that changes which they mutually agree are minor may be agreed to in writing by the City Manager and Developer. All other amendments will require approval in accordance with the Applicable Rules. The parties agree that any such amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement. J. Annexation. Upon execution, this Agreement shall become effective as to all , those portions of the Property already within the City limits of the City of Bakersfield. Developer and City will cooperate to complete annexation of those remaining portions of the Property that are not yet within the City limits. As to those portions, and in accordance with Government Code Section 65865(b), this Agreement shall not become operative unless ~ ~~K~-9 () ~ ;... - f- m _ r- <.) 0 ORIGINAL Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\PlanninglAgrslO6-07 Development Agrs (CFD)\WestMing.Castle&CooImDevAgrFnI.06-11-07.doc -June 11.2007 -- Page 16 of 30 Pages -- annexation proceedings annexing those portions of the Property to the City are completed on or before , 200_, unless such date is extended by mutual agreement of the parties. If the annexation is not completed by , 20_, or a mutually agreed upon extension of that date, this Agreement as to those portions of the Property that are not annexed shall be null and void. K. Maintenance Oblieations. City shall require Developer to maintain public parks, parkways, entry monuments, medians, detention basins, street lights and similar types of improvements for a period of up to one (1) year. Areas containing these improvements shall be annexed into an appropriate maintenance district consistent with Bakersfield Municipal Code Chapter 13.04 and City policy. Developer's maintenance period shall commence when the improvements have passed inspection by the appropriate City/County department. SECTION IV. GENERAL PROVISIONS. A. Covenants Run with the Land. This Agreement shall be applicable to the Property and each portion thereof. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall run with the land and shall be binding upon the parties and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land. B. Transfers and Assienments. 1. Rieht to Assi2ll. Developer shall have the right to sell, assign or transfer all or portions of the Property to any person at any time during the term of this Agreement, subject to approval by City pursuant to the provisions of this Section N.B. No transfer or assignment may occur prior to establishment of a Community Facilities District that encompasses the entire Project as required in Section I.C, except as otherwise provided in this -- Page 17 of 30 Pages -- ~ ~(l.1(~1> C> ~ ;... - I- m _ r <..) 0 ORIGINAL Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\P1anning\Agrs\06-07 Development AgJS (CFD)\WestMing.Castle&CookeDevAgrFnl.06-11.(J7 .doc -June 11.2007 Paragraph B.1. Prior to any such transfer or assignment, Developer shall record a restrictive covenant against the portions of the Property so sold, assigned or transferred obligating the transferee and such transferee's heirs, successors, or assigns to comply in all respects with the terms and conditions of this Agreement. Except as required by law, the provisions of this Paragraph do not apply to the ultimate individual homeowners and individual commercial and industrial property owners within the Project area. 2. Developer shall give written notice to the City Manager of any proposed transfer or assignment which is to occur prior to the establishment of the Community Facilities District referenced in Section IV.B.l above. The City Manager shall have the authority to approve any such proposed transfer or assignment on behalf of the City. Any such approval ;j shall not be unreasonably withheld. If the City Manager does not provide Developer with a written disapproval within ten (10) days' receipt of the written notice of a proposed transfer or assignment, the proposed transfer or assignment shall be deemed to have been approved, provided Developer complies with all of the conditions in this Paragraph B.t. Notwithstanding anything to the contrary contained in this Section IV .B., City hereby approves the sale, transfer and assignment of all or any portions ot the Property from Bolthouse Properties, LLC to Castle & Cooke California, Inc., or an affiliate of Castle & Cooke California, Inc. 3. Liabilities Upon Transfer. Upon the delegation of all duties and obligations and the sale, transfer or assignment of all or any portion of the Property, Developer shall be released from its obligations under this Agreement with respect to the Property, or portion thereof, so transferred arising subsequent to the effective date of such transfer if (i) Developer has provided to City ten (10) days' written notice of such transfer and (ii) the transferee has agreed in writing (or by taking title subject to a restrictive covenant as contemplated in the preceding paragraph to be subject to all of the provisions hereof applicable to the portion of the Property so transferred. Upon any transfer of any portion of the Property and the express assumption of Developer's obligations under this Agreement by such transferee, City agrees to look solely to the transferee for compliance by such transferee with the provisions <Q~K~-9 <J % >- - I- m _ r- U t:l ORIGINA\. Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\PlamUog\Agrs'il6-07 Development Ay;:s (CFD)\WestMing.Castle&CoolteDevAgrFnI.06-11-07.doc -June It, 2007 -- Page 18 of 30 Pages -- of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. The preceding sentence shall riot preclude the City from looking to the transferor for compliance with provisions of this Agreement for any acts or omissions of transferor before the transfer of any portion of the Property. A default by any transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way Developer's rights hereunder with respect to any portion of the Property not owned by such transferee. The transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Property owned by such transferee, and any amendment to this Agreement between City and a transferee shall only affect the portion of the Property owned by such transferee. c. Morteaeee Protection. the parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any m0l1gage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lender(s) providing such financing may require certain Agreement interpretations and modifications and agrees, from time to tiine, to meet with Developer and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee of a mortgage or a beneficiary of a deed of trust ("Mortgagee") of the Property shall be entitled to the following rights and privileges: 1. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Property made in good faith and for value. 2. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Developer under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten days of sending the notice of default to Developer. ~ cof!../(C'-9 Q ~ >- - i-- ~ U 0 QRIGINAL Development Agreement with Castle & Cooke Calif. inc. West Ming Specific Plan S:\Planning\Agrs\06-07 Development Agrs (CFD)\WestMing.Casde&CookeDev AgrFnl.06-l J.(J7.doc -June 11, 2007 ; -- Page 19 of 30 Pages -- The Mortgagee shall have the right, but not the obligation, to cure the default during the .' remaining cure period allowed such party under this Agreement. 3. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement; provided, however, in no event shall such Mortgagee be liable for any defaults or monetary obligations of Developer arising prior to acquisition of title to the Property by such Mortgagee, except that any such Mortgagee or its successors or assigns shall not be entitled to a building permit or occupancy certificate until all delinquent and current fees and other monetary obligations due under this Agreement for the Property, or portion thereof, acquired by such Mortgagee have been paid to City. D. Statement of Compliance. Within thirty days following any written request which either City or Developer may make from time to time, the other shall sign and deliver to the requesting party a statement certifying that: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and " effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this .- Agreement is in full force and effect without modification and that there are no uncured defaults in the performance of the requesting party. The City Manager shall be authorized to execute any such statement. E. Default. Failure by City or Developer to perform any term or provision of this Agreement for a period of ninety days from the receipt of written notice thereof from the other shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. If the nature of the alleged default is such that it ~ ~M~-9 C> ~ >- tii t: r- Q 0 Of\lQIM~6 Development Agreement with Castle & Cooke Calif. inc. West Ming Specific Plan S:\PlanninglAgrs\06-07 Development Agrs (CFD)\WestMing,Castle&CookeDevAgrFnI.06-11-07.doc -June 11. 2007 ' -- Page 20 of 30 Pages -- cannot reasonably be cured within such 90-day period, the immediate and good faith commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. During the time a cure for any alleged default is being diligently prosecuted, no default shall be deemed to exist under this Agreement. 1. Subject to the foregoing, after notice and expiration of the 90-day period without cure, the notifying party, at its option, may institute legal proceedings pursuant to this Agreement and/or give notice of intent to terminate this Agreement pursuant to Government Code Section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the Council within thirty calendar days in the manner set forth in Government Code Sections 65867 and 65868. Following consideration of the evidence presented in said review before the Council and a determination that a default exists, the party alleging the default by the other party may give written notice of termination of this Agreement to the other party. " 2. Subject to the conditions set forth in this Paragraph E, and after notice and expiration of the above-described 90-day period without cure, the City may, in addition to or in lieu of instituting legal proceedings, refuse processing of an application for, or the granting of any permit, approval, or other land use entitlement for, development or construction of the Project or any portion thereof owned or controlled by Developer, including but not limited to, the withholding of grading, excavation, building, or occupancy permits. The City shall at all times act in good faith in the exercise of City's rights and remedies set forth in this Section IV.E.2. F. Annual Review. Pursuant to Government Code Section 65865.1, throughout the term of this Agreement, the Developer, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of this Agreement. If, as a result of such periodic review, the City finds and determines, on the basis of substantial evidence, that the Developer, or successor in interest thereto, has not complied in good faith with terms or conditions of the Agreement, the City may terminate or modify the Agreement. Developer shall , Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S :lPIanuing\Agrs'll6-07 Development Agrs (CFD)\WestMing,Castle&CookeDev AgrFDI.06-11-07 .doc -June 11. ZOO? -- Page 21 of 30 Pages -- ~ <ofl..K~-9 C> ~ >- - I- m _ r- (,) 0 ORIGINAL provide a progress report for review by the Planning Commission at the next regularly scheduled Planning Commission meeting following each anniversary of the Effective Date. 1. Procedures established pursuant to Sections 65865 and 65865.1 shall include provisions requiring periodic review at least every 12 months, at which time Developer, or its successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of this Agreement. If, as a result of such periodic review, the City finds and determines, on the basis of substantial evidence, that Developer, or its successor in interest, has not complied in good faith with the terms or conditions of this Agreement, the City may terminate or modify this Agreement. G. Waiver: Remedies Cumulative. Failure by City or Developer to insist upon the strict performance of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. No waiver by City or Developer of a default or breach of any other party shall be effective or binding upon it, unless made in writing, and no such waiver shall be implied from any omission by City or Developer to take any action with respect to such default or breach. No express written waiver of any defaults or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified in such express waiver. One or more written waivers of a " default or breach under any provision of this Agreement shall not be a waiver of any subsequent default or breach, and the performance of the same or any other term or provision contained in this Agreement. Subject to notice of default and opportunity to cure under Section V.E., all of ~ .; the remedies permitted or available under this Agreement, at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. H. Term. This Agreement shall commence upon the Effective Date and shall extend twenty (20) years from the Effective Date (the "Term"), unless said term is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\PIaDDing\Agts\06-07 Deyelopment All" (CFD)\WestMing.Castle&CookeDeyAgrFnl.06.II-07 .doc -June 11, 2007 -- Page 22 of 30 Pages -- ~ fO(l..K~-9 C> ~ >- - I- m _ r- (.) D ORIGINAL parties. However, this Agreement shall not become operative as to those portions of the Property not brought within the City limits of the City as referenced in Paragraph ilLI., above. 1. Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force or effect; provided, however, such termination shall not affect any right or duty arising from City approvals, including, without limitation, the Project ,. Approvals, the Future Approvals, the Ministerial Approvals and any reimbursement agreement(s) entered into pursuant to the terms of this Agreement. 2. Except to the extent that any homeowners' association or property owners' association has incurred obligations as referenced in this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(s) on the lot. I. Termination. This Agreement shall terminate when the Project has been fully developed and all the City's and Developer's obligations in connection with the Project are satisfied as mutually determined by the City and the Developer or upon the expiration of the Term, whichever first occurs. For purposes hereof, all obligations of Developer hereunder shall be deemed discharged and fulfilled with respect to lots or parcels shown on duly filed final subdivision maps upon final inspection and occupancy, subject to compliance with (a) the conditions imposed in connection with su.ch filing, and (b) the conditions imposed in connection with the issuance of the building permits. 1. Notwithstanding the provisions of the preceding Paragraph, termination of this Agreement as to the Developer or the Project or any portion thereof shall not affect any requirements to comply with the terms and conditions of the applicable zoning, any development plan approvals, approval and acceptance of infrastructure improvements, any applicable permits, or any subdivision map or land use entitlements approved with respect to the Project, nor shall it " affect any other covenants of the Developer specified in this Agreement to continue after the termination of this Agreement. Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\Planning\Agrs\06-07 Development Agrs (CFD)\WestMing.Castle&CookeDev AgrFnl.06-11-07 .doc -June 11.2007 -- Page 23 of 30 Pages -- ~ <o~1(~t9 C> ~ >- - I- m _ r- <..) 0 ORIGINAL J. Permitted Delays: Supersedure by Subseauent Laws. 1. Supersedure by Subseauent Laws. Pursuant to Government Code I Section 65869.5, if any federal or state law or regulation, made or enacted after the Effective Date prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be , necessary to comply with such new law or regulation. Immediately after enactment or promulgation of any such new law, City and Developer shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. Developer and/or City shall have the right to challenge any new law or regulation preventing compliance with the terms of this Agreement, and in the event such challenge is successful, this Agreement to the extent deemed feasIble by both the City and Developer, shall remain unmodified and in full force and effect. the term of this Agreement may be extended by mutual agreement of the parties for the duration of the period during which such new law or regulation precludes compliance with the provisions of this Agreement. K. Amendment of A2reement. This Agreement may be amended from time to time by mutual consent of the parties to this Agreement, in accordance with the provisions of Government Code Sections 65867 and 65868; provided, however, that any amendment which meets the definition of minor changes as contained in Section N.L shall not require notice or public hearing, before the parties may execute an amendment hereto. L. Operatin2 Memoranda. The provisions of this Agreement require a close j i degree of cooperation between City and Developer and the refinements and further development of the Project may demonstrate that clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the term of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarifications through operating memoranda approved by City and Developer, which, after execution, shall be attached hereto. No such operating memoranda shall ~ ~(1.1(C'1I C> ~ >- - I- m _ r- t.'> 0 ORIGINAL Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\Planning\Agrs\06-07 Development AgJS (CfD)IWestMing.Castle&CookeDevAgrFn1.06-II-07.doc -June 11,2007 ; -- Page 24 of 30 Pages -- constitute an amendment to this Agreement requiring public notice or hearing. The City Attorney shall be authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section IV.L. The City Manager may execute any operating memoranda hereunder without Council or Planning Commission action. M. Compliance With All Laws. Developer shall, at Developer's sole cost, comply with all of the requirements of Municipal, State and Federal authorities now in force or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without Ilmitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. N. Corporate Authoritv. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. o. Third Party Litieation. In the event of any legal action instituted by a third party relating to this Agreement, the City, at its discretion, may elect to tender the defense of any legal action to the Developer, which shall pay for all reasonable costs, expenses, and attorney's fees incurred in the defense of such matter. In the event the City elects to not tender defense to the Developer, Developer shall still pay for all costs, expenses and attorney's fees incurred by the City in defense of the matter. P. Indemnitv. Developer shall indemnify, defend and hold harmless City, its officers, agents and employees 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, arising out of, connected with, or caused by Developer, Developer's employees, agents, independent contractors, companies or subcontractors in the performance of, Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\Planning\Agrs106-07 Development Agrs (CFD)\WestMing.Casde&CookeDevAgrFnl.06-11-07 .doc -June 11, 2007 -- Page 25 of 30 Pages -- ~M~-9 ~ ~ >- - I- m _ r- <.) 0 ORIGINAL or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for City's sole active negligence or willful misconduct. Q. Resource Allocation. All obligations of City under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. R. Title To Documents. Ail documents, plans and drawings, maps, photographs and other papers, or copies thereof, prepared by Developer pursuant to the terms of this Agreement shall, upon preparation, become the property of City. S. No Joint Venture or Partnership. City and Developer agree that nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as making City and Developer joint ventures or partners. T. Further Assurances. Each party hereto agrees, upon written request by the other party, to execute such other documents or instruments, or do other things, as are necessary or appropriate to give effect to or to carry out the intent of the provisions of this Agreement. U. Invalidity of Provisions. If any provision of this Agreement as applied to either party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect any other provision of this Agreement, or the validity or enforceability of this Agreement as a whole. The parties further agree to negotiate in good faith to replace any such invalid, illegal or unenforceable portion with a valid and enforceable provision which will achieve, to the maximum extent legally possible, the economic, business or other purposes of the invalid, illegal or unenforceable portion. SECTION V. MISCELLANEOUS A. Ne2ation of Partnership. The Project constitutes private development, neither City nor Developer is acting as the agent of the other in any respect hereunder, and City and Developer are independent entities with respect to the terms and conditions of this Agreement. None of the terms or provisions of thIs Agreement shall be deemed to create a partnership Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\Planning\Agn~-07 Development Agn (CFD)\WestMiug.Castle&CookeDevAgrFnUl6-11-07 .doc -June 11. 2007 -- Page 26 of 30 Pages -- ~~K~~ ~ % >- -- I- P:! Q 0 ORIGINAL between or among the parties in the businesses of Developer, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. B. No Third Party Beneficiarv. This Agreement is not intended, nor shall it be construed, to create any third-party beneficiary rights in any person who is not a party, unless expressly otherwise provided. C. Entire Aereement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. D. Severabilitv. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unre~sonable or hiequitable under all the circumstances or would frustrate the purposes of this Agreement and the rights and obligations of the parties hereto. E. Construction of Aereement. The provisions of this Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against Developer or City and consistent with the provisions hereof, in order to achieve the objectives and purposes. Wherever requiTed by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. F. Bindine Effect. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\Plaoniog\Agn\06-07 Development Agn (CFD)\WestMing.CastJe&CookeDevAgrFnl.06-11-07.doc -June 11.2007 ~ 'Qf>..1(~~ C> ~ >- - I- rn _ r- o 0 ORIGINAL -- Page 27 of 30 Pages -- G. Execution. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. H. Section Headine:s. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. I. Governine: Law. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. J. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid, by overnight delivery, or by facsimile to the respective mailing addresses, as follows: City: Copy to: Developer: Copy to: City of Bakersfield 1501 Truxqm Avenue Bakersfield, California 93301 Attention: ,City Manager Facsimile: (661) 852-2050 City of Bakersfield 1501 Truxtun Avenue , Bakersfield, California 93301 Attention: ,City Attorney Facsimile: (661) 852-2020 Castle & Cooke California, Inc. 10000 Stoc.kdale Highway Bakersfield, California 93311 Attention: Bruce Freeman Facsimile: (661) 664-6030 Bolthouse Properties, LLC 2000 Oak Street, Suite 250 Bakersfield, California 93301 Attention: Anthony Leggio Facsimile: (661) 323-4006 Jones & Beardsley, P.c. 10000 Stoc;kdale Highway, Suite 350 Bakersfield, California 93311 Attention: Mark A. Jones, Esq. Facsimile: (661) 664-2904 Either City or Developer may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten days prior to the date such r>.K x ~ C't? C> % >- - ~ m _ r- o 0 ORIGINAL Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:lPIaoninglAgrslO6-07 Development Agrs (CFD)\WestMing.Castle&CookeDevAgrFnl.06-11-07.doc -June 11, 2007 -- Page 28 of 30 Pages -- change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the earlier of the date personal delivery is effected or on the delivery date or attempted delivery date shown on the return receipt, air bill or facsimile. K. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. L. CounterDarts. This Agreement may be executed in any number of counterparts, and each of such counterparts for all purposes shall be deemed to be an original, and all of such counterparts shall constitute one and the same agreement. M. Recordation In order to comply with Section 65868.5 of the Government Code, the parties do hereby direct the City Cierk to record a copy of this Agreement against the Property with the County Recorder of Kern County within ten (10) days after the Effective Date. IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the date ftrst hereinabove written. ArrEST: City Clerk "City" CITY OF BAKERSFIELD "Developer" CASTLE & COOKE CALIFORNIA, INC. HARVEY L. HALL Mayor BY:~~ Title: B V!. _ _ EMAN By:/~A~ Print Name: SCO""1'l S. B LlAJJuc.... Title: V I C-t... P 12..t.S.1> f.JJI By: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ROBERT M. SHERFY Deputy City Attorney Insurance: Nor Ilpp(,wt v~ Additional Signatures on Following Page Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\PJanning\Agrs\06-07 Development Agrs (CfD)\WestMing.Castle&CookeDevAgrFnl.06- J )-07.doc -June 11. 2007 -- Page 29 of 30 Pages -- ~ ~f;..k~-9 C> ~ >- - I- m _ r- <.) t) ORIGINAL APPROVED AS TO CONTENT: DEVELOPMENT SERVICES By: STANLEY GRADY Development Services Director COUNTERSIGNED: By: NELSON SMITH Finance Director BOL THOUSE PROPERTIES, LLC By: Print Name: ,t}I'HUiJNY L. L E:'"~~~O Title: _pf(~ S t OeNT' APPROVED AS TO FORM: JONES & BE Y, P.c. Title: , . Attachments: Exhibit "A" - Legal Des~ription of Property Exhibit "B" - Specific PIal?- Exhibit "C" - West Beltway Alignment Certifi~at€g of IngyraBQ8 Alo t ~)/,'~fL V~ Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:lPlaDning\Agrs\06-07 Development Agn (CFD)\W estMing.Castle&CookeDev AgrFn1.06-11-07 .doc -June 11, 2007 . -- Page 30 of 30 Pages -- ~ ~~K~-9 C> ~ >- - I- m _ r- <.) 0 ORIGINAL STATE OF CALIFORNIA ) ) SS. COUNTY OF KERN ) On ~ d)-d , 2007, before me, Carol A. Stringer, Notary publQc, p~rsonally appeared BRUCE FREEMAN, President and SCOTT S. BLUNCK, Vice President, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is / are subscribed to the wi thin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. r ~':'~ ~ ~CAROLA:STRJNGERI( tl:: .; ~ COMM. #1538948 trJ Ill'" . NOTARYPUBUC'CAUFORNlA ~ ~ . KERN COUNTY fJJ ~".... MYComm.Exp.Jan21 2009"' --~~--~- .~~~~ ~~a~ ~ ~f;..1(~-9 C> ~ >- - I- m _ r- <..) 0 ORIGINAL STATEOFCALIFORNIA ) ) ss. COUNTYOF ,(..Hf\ ) On fu~ 16 ,2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ~W\-{) , personally known to me ~ proved to 100 Oil th€ basi~ of ~Misfacto.ry evidc,nce) to be the person(81 whose name~ isJaFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/thcir authorized capacity{ies-), ~nd that by his/her/thek signature{s1 on the instrument the person(s), or the entity upon behalf of which the personCs)' acted, executed the within instrument. WITNESS my hand and official seal. ai10~ Notary Ptt'blic CHARLOTTE L. JONES Commission # 1608534 ~ . _. Notary Public. California ~ ~. Kern County t _ : ~ ~y ;o:m!x~r~ O~:. 2~9 STATEOFCALIFORNIA ) . ) ss. COUNTYOF~~ ) On ~~\.....~,. , 2CU\ before me, the undersigned, a Notary Public in and for said County and State, personally appeared ~ L ~ := ' personally known to me ~ pm ]it'" e~~" rtnry p-viiJence) to be the person(s) whose name(s) is/aM subscribed to the within instrument and acknowledged to me that he/9kj~y executed the same in his/kilr.'Hteir authorized capacity(ies),~nd that by his/Mf/tbe.ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. (~ ~ ~ r@jUU~;ENE-HENDeASON! Notary ublic rn. COMM. '1600004 loli ~. . NOTARY PUBUC. CAUFORNIA ~ lQ . KERN COUNTY rJJ ~'~~~~':~'~~'~'~l Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\P1anninglAgrs\06-07 Development Agrs (CFD)\WestMing.Castle&CookeDevAgrFnJ.()6-11-07.doc -June 11.2007 ~ <QMe~ C> ~ >- ~ I;:: r- (.) 0 Of!\IQINAb -- Notarizations -- STATE OF CALIFORNIA ) ) ss. COUNTY OF ) for On said , 20_, before me, the undersigned, a Notary Public in and and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), ~d that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. County Notary Public -- Notarizations -- ~ ~"'K~-9 C> ~ ;:,.... - I- m _ r- o 0 ORIGINAL Development Agreement with Castle & Cooke Calif. Inc. West Ming Specific Plan S:\PJanning\Agrs\D6-07 Development Agrs (CFD)\WestMing.Castle&CookeDevAgrFnJ.06-II-07.doc -June 11. 2007 EXHffiIT "A" LEGAL DESCRIPTION OF PROPERTY Exhibit "A" - 1 S:\Planning\Agrs\06-07 Development Agrs (CFD)\WestMing.Castle&CookeDevAgrFnJ.06-11-07.doc <0 r>..K ~-9 ~ ~ >- m 06/11/200'13 0 ORIGINAL EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY All Section 11, Township 30 South, Range 26 East, M.D.M., in the unincorporated area, County of Kern, State of California, according to the Official Plat thereof. EXCEPT the parcel of land conveyed to the City of Bakersfield in the Deed recorded August 22, 1988 in Book 6155, Page 933 of Official Records. Containing 645.05 Gross Acres. AND All of Section 13, Township 30;South, Range 26 East, M.D.M., in the City of Bakersfield, County of Kern, State of California, according to the Official Plat thereof. EXCEPTING THEREFROM the Southern Pacific Railroad Company Asphalto Branch Right-of-Way. ALSO EXCEPTING THEREFROM that portion of said land conveyed to the City of Bakersfield in deed recorded May 13, 1987 in Book 6003, Page 2276 of Official Records. ALSO EXCEPT that portion of said, land conveyed to Pacific Gas and Electric Company in Deed recorded November 13, 1990 in Book 6453, Page 2071 of Official Records. Containing 622.85 Gross Acres. AND All of Section 14, Township 30 South, Range 26 East, M.D.M., in the unincorporated area of the County of Kern, State of California, according to the Official Plat thereof. EXCEPTING THEREFROM, that portion thereof which is included within the right of way of the Southern Pacific Railroad Company, being a strip of land 100 feet wide located 50 feet on each side of the centerline of said right of way and which centerline is described as follows: Commencing at point on said centerl~ne where it intersects the East boundary of the SW 1/4 of Section 18, Township 30 South, Range 27 East, M.D.M., in the County of Kern, State of California, at or near Engineer's Station 544+89 5/1 0 and running thence Westerly across said SW 1/4 of Secq..on 18, and across Section 13, 14, 15, 16 and 17 of Township 30 South, Range 26 East, M.D.M., to the North boundary of Section 17, at or near Engineer's Station 4160+49 3/10 a distance of 27536 4/1 0 feet, more or less, all in Township 30 South, Range 26 East, M.D.M., in the County of Kern, State of California. ~ <of>..1(~-9 C> ~ >- - I- m - r- o (;) ORIGINAL Containing 628.16 Gross Acres. AND All of the north half (N/2) of the qortheast quarter (NE/4) of Section 10, T30S, R26E, M.D.M, in the County of Kern, State of California; and that portion of the southeast quarter (SE/4) of the northwest quarter (NW/4) and that portion of the south half of the northeast quarter (S/2 of NE/4) and southeast quarter (SE/4) of Section 10, T30S, R26E, M.D.M., in the County of Kern, State of California, which lie east of the west boundary of the West Beltway Alignment; said West Beltway Alignment being more particularly described as follows: ALL THOSE PORTIONS OF SECTIONS 3, 10, 14, AND 15, TOWNSHIP 30 SOUTH, RANGE 26 EAST, AND SECTION 34, TOWNSHIP 29 SOUTH, R,.ANGE 26 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA, BEING A 21O.oo-FOOT WIDE STRIP OF LAND LYING. 105.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRffiED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, MARKED BY A KERN COUNTY SURVEYOR'S CONCRETE MONUMENt, IN A LAMPHOLE, AS SHOWN ON RECORD OF SURVEY BOOK 17 , PAGE 97 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE N.71055'05"E., 2389.05 FEET TO THE POINT OF BEGINNING; THENCE S.00035'43"W., 6378.09 FEEt TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 3000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25048'56" AN ARC DISTANCE OF 1351.70 FEET; THENCE S.25013'13"E., 5277.18 FEEt TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO nIE NORTHEAST, HAVING A RADIUS OF 3000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28052'58" AN ARC DISTANCE OF 1512.30 FEET; THENCE ~ <0 (1./(S'-s> C> ~ >- - I- m _ r- <.) 0 ORIGINAL .oil S.540Q6'1l"E., 913.76 FEEt TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO TIlt SOUTHWEST, HAVING A RADIUS OF 3000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55001'47" AN ARC DISTANCE OF 2881.35 FEET; THENCE S.00055'36"W., 3.73 FEET to THE SOUTH QUARlER CORNER OF SAID SECTION 14. THE SIDELINES OF SAID 21O.oo-FOOT WIDE STRIP OF LAND SHALL BE LENGTHENED OR SHORlENED SO AS TO BEGIN AT THE CENTERLINE OF THE ADOPTED KERN RIVER FREEWAY ALIGNMENT, AND TERM1NAlE AT THE SOUTH LINE OF SAID SECTION 14. Containing 253.8 Gross Acres. AND That portion of the northeast quartet (NE/4) of Section 15, T30S, R26E, M.D.M. in the County of Kern, State of California, lying east of the west boundary of the West Beltway Alignment, said West Beltway Aligrltiient being more particularly described as follows: ALL THOSE PORTIONS OF SECTIONS 3, 10, 14, AND 15, TOWNSHIP 30 SOUTH, RANGE 26 EAST, AND SECTION 34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA, BEING A 210.00-FOOT WIDE STRIP OF LAND LYING, i05.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRffiEI> CENTERLINE: COMMENCING AT THE. NORTHWEST CORNER OF SAID SECTION 3, MARKED BY A KERN COUNTY SURVEYOR'S CONCRETE MONUMENt. IN A LAMPHOLE, AS SHOWN ON RECORD OF SURVEY BdbK 17, PAGE 97 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE N.71055'05"E., 2389.05 FEET TO THE POINT OF BEGINNING; THENCE S.oo035'43"W., 6378.09 FEtt TO THE BEGINNING OF A TANGENT CURVE CONCA VB TO niB EAST, HAVING A RADIUS OF 3000.00 FEET; THENCE ~ ~"'KS'-9 C> ~ >- - I- m _ r- o 0 ORIGINAL SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25048'56" AN ARC DISTANCE OF 1351.70 FEET; THENCE S.25013'13"E., 5277.18 FEEt TO THE BEGINNING OF A TANGENT CURVE CONCA VB TO THE NORTHEAST, HAVING A RADIUS OF 3000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28052'58" AN ARC DISTANCE OF 1512.30 FEET; THENCE S.54006'1l''E., 913.76 FEEt TO THE BEGINNING OF A TANGENT CURVE CONCA VB TO THE SOUTHWEST, HAVING A RADIUS OF 3000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55001'47" AN ARC DISTANCE OF 2881.35 FEET; THENCE S.oo055'36"W., 3.73 FEET tb THE SOUTH QUARTER CORNER OF SAID SECTION 14. THE SIDELINES OF SAID, 21O.00-FOOT WIDE STRIP OF LAND SHALL BE LENGTHENED bR SHORTENED SO AS TO BEGIN AT THE CENTERLINE OF THE ADOPTED KERN RIVER FREEWAY ALIGNMENT, AND TER.M1NATE AT THE SOUTH LINE OF SAID SECTION 14. Containing 22.1 Gross Acres. ~ ~r-.1(S"~ ('j ~ >- m F r- 'G 0 ORIGINAL EXHffiIT "B" SPECIFIC PLAN 'Exhibit "B" - 1 S:\Planning\AsJs\06-07 Development Agrs (CfD)\WestMing.C.slle&CookeDevAgrFnI.06-J J .{J7.doc <o"'1(~ 06/11/2~ ~% ;;... - I- m _ r- <.) 0 ORIGINAL ... ..-.----..------..---i II 6.. ... .... ~! '" ii <: ... ]- "3 ~ ~ 'E~ .~ ~ g g S.5 o q :.:1=5 ClClN ell::: .5 g> .5 C ~;:: ~ >. ~ 1 ~s ~^ ~.!" .i::' 's ~ . - "3 <> ~ 5 "8N .-= or, E .5 "":13 ~~ j>, _r: .$i i :$,"- a1:l 15 1l~ .9 il ~E 'Eo ".... ~ i'i! j~ -'s ~~ ~ ... 0:: S ,~ N '"' - <:I).I! c U ~~ 1i! e ~8 .. ., = '" u ~ ~ 011 .E ~ - u ~g ;;>oN u c ~ .M --. 'ij 'u l:t Vl OIl C ~ j :$ C;' '" ~ g 0:: 8 !::l ----@ ~- . ~ - ~ t:: :l!i 1 :> ;I) i j . I C. 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"'<'" .... il2 :t ~ "0:: ~ :s ;:::3 ::.: . EXHIBIT "13" ILLOSTRATIVE PLAN . EXHffiIT "e" WEST BELTWAY ALIGNMENT Exhibit "en - 1 S:\Planning\AgnI06"()7 Developmen, Agrs (CFD)\WestMing.Castle&CookeDevAgrFnU)6-11-07.doc 06/11/2007 ~ ~fl..I(C'-9 C> ~ 5 ~ ORIGINAL ~ s: u ~ e= ~ Cj ~ ~ tI.) ~ ~ ... '1 ':i Ii 'i i 1:11<' ~ ...... i- ~ ~ ~ S' -~ ;:;0 ~ N ..... __ _ _ _ .... .... .. .j, .. ... :-.\i ~I ~oo ~J .. )1" !I ~ 81]1 jll . I J ! f ~ j i t t j ~ CI) ~ ~ N 2@- ~ . ? ~ , - ~ b U U) ~ ~ ffi ~ ~:; wll ill ~It ~Il 0/1 II 0V0lI VlIlA VNiI1I ...JJ. ,....._;N_N;.,...t.,.&I_....-&._.u~ - ,. . . i ,........1 · · . : . ! - . .. ~I / i ~z Ii / !S ffi 8 -. :i ~~ ~;; j,fuY.,;~= = 1.........<>-.-...-...;: II ~ i ~:: i l i~ ~ l;; I:: I. ! .vi 011 . I \1 ~ avo. ~:.m.HlIlOS +- :: ,.-A A.......&..... ....I1W..l...,"'...1 ..-..-..-..-..-..-e..-..... ~I . '. I t:: ':. . .: :tI ': I. · .! !!II ': · I i 1_- -'"'. - · .. i- .....-v ..:........OO'!, . ,i '<il .. '.: ii. · ~..: "i' ! "i! : ~#, 0...... ! ,.. . ,. ! I '~ #', . i c: ~~~ #,..,' "'-~ ! · ~~ . # #,.... ~-... i I : ~ #~, '" ~ : li'~". ..~...... ....0.. ?,,<~,.. I~ ,.~~ . b.. ! Ii i ~o........ .......... ...... :1 i ~ ..../"'........................................... I . ~>).. I"" . s;> ...'1 I ,,6'),<it.... 't'" .. ...<>~~v ~~. . - i II 00:: II I . . . . . . . . . . . . . . . ~ s: ~ ~ oS ~ 6<e= ~u <.) R I EXHIBIT "e" DEPICTION OF WEST BELTWAY ALIGNMENT EXHIBIT "C" 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 .... .... \HchiH~i lk~to.drn.n:::~ .:\:-;~';: ;i.~i;itt> August 14, 2007 ~ <ofl..Kc-9 C> ~ >- - I- m _ r- o 0 ORIGINAL City of Bakersfield - West Mlng Specific Pian CEQA Findings and Findings of Fact , Tabl. 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 - N oi se ............................................................................................................... 7 5 4.3 - Transportation............................................................................. .....................76 Section 5: Feasibility of Project Alternatives ................................................................105 5.1 - No Project/No Development Alternative......................................................... 1 06 5.2 - Reduced I ntensity Alternative .......................................................... .'.............107 5.3 - Alternative Site....... .......... .............. ................. ................................... ............108 5.4 - Environmentally Superior Alternative........ ..................................... ........ ........1 09 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 Michaei Brandman Associates C:\DOCUME-l \jengILOCALS-lITempIXPgrpwiseI02160029 CEQA Findings.West Ming 08-14-07.doc ~fl-1(~1$I ~ ~ ~ii ~ '0 0 ORIGINAL 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 comment 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-l \jeng\LOCALS-l \Temp\XPglllwise\02 1 60029 CEQA Findings-West Ming 08-14-07.doc ~ <ot>.l(c~ C> % >- - t: ~ ~ 0 Of\'G\N^b ',- City of Bakersfield - West Mlng Specific Plan CEQA Findings and Findings of Fact Introduction hazardous materials mitigation measure. Finally, the City of Shafter provided a further comment letter dated February 28, 2007, but no additional response to this letter was warranted. On April 3, 2007, prior to the City Council taking action on the EIR and approval 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 ofthe EIR subsequent to the public distribution ofthe Draft EIR on August 31,2006 as "significant", the City decided to provide the public additional review of the environmental infonnation in the EIR in accordance with Section 15088.5 ofthe California Environmental Quality Act Guidelines. Therefore, the EIR was distributed to the public as a Recirculated Draft EIR. On May 4, 2007, the City of Bakersfield distributed a comment letter that was inadvertently not included in the Recirculated Draft EIR for the West Ming Specific Plan project. The comment letter was from the City of Shafter dated February 26, 2007, and was distributed by the City of Bakersfield to the State Clearinghouse as well as the agencies and interested persons that received the Recirculated Draft EIR. The Recirculated Draft EIR consists of the Draft EIR, RTC Document, the three Addenda to the RTC, and additional comments and responses provided subsequent to the distribution of the RTC that occurred on December 8,2006 for public review. After receiving public comment on the Draft EIR, the City prepared a document entitled Responses to Comments on the Recirculated Draft, EIR. The Responses to Comments on the Recirculated Draft EIR document includes the verbatim comments received on the Recirculated Draft EIR, a list of those commenting, and the City's responses to the significant environmental points raised in the review and consultation process. In response to certain comments, the Recirculated Draft EIR was modified, as set forth in the responses to comments. This Response to Comments on the Recirculated Draft EIR, together with the Recirculated Draft EIR, constitutes the final EIR. The Responses to Comments on the Recirculated Draft EIR provides responses to comments on environmental issues describing the disposition of the issues, explaining the final EIR analysis, supporting the final EIR conclusions, and/or providing infonnation or corrections as appropriate. Therefore, the final EIR consists of several components including the Recirculated Draft EIR and its Appendices, the Responses to Comments on the Recirculated Draft EIR and supporting responses prepared by the technical consultants for the project. These Findings are based upon the infonnation in the record of proceedings, including the Recirculated Draft EIR, Response to Comments on the Recirculated Draft EIR, staff reports, project applicant's materials, Mitigation Monitoring Program, and the testimony presented at public hearings. The California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et seq.) provides that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS-l \Temp\XPgrpwiseI02160029 CEQA Findings.West Ming 08-14-07 .doc ~ <oA1(~-9 2 ~ >- - I- m - r- <.) 0 ORIGINAL City of Bakersfield. West Mlng Specific Plan CEQA Findings and Findings of Fact Introduction environmental effects of such projects[.]" (CEQA Section 21002; emphasis added.) The procedures required by CEQA "are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects." (CEQA Section 21002; emphasis added.) CEQA also provides that "in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects. (CEQA Section 21002.) CEQA provides that a public agency has an obligation to balance a variety of public objectives, including economic, environmental, and social factors and in particular the goal of providing a decent home and satisfying living environment for every Californian. (CEQA Section 21081; CEQA Guidelines, 14 Cal. Code of Regulations, Section 15021(d).) CEQA requires decision-makers to balance the benefits ofa proposed project against its significant unavoidable adverse environmental impacts, and, if the benefits of a proposed project outweigh the significant unavoidable adverse environmental impacts, the unavoidable adverse environmental impacts may be considered "acceptable" by adopting a "Statement of Overriding Considerations." (CEQA Guidelines Section 15093.) The Statement of Overriding Considerations must set forth the project benefits or reasons why the Lead Agency is in favor of approving the project and must weigh these benefits against the project's adverse environmental impacts identified in the final EIR that cannot be mitigated to a less-than-significant level. CEQA's mandates and principles are implemented, in part, through the requirement that agencies adopt findings before approving projects for which EIRs are required. For each significant environmental effect identified in an EIR for a proposed project, the approving agency must issue a written finding reaching one or more of three 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 \jengILOCALS-I I TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ME-9 ~ ~ >- tTI ~3 b u ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Introduction The concept of "feasibility" also encompasses 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 (1) of subdivision (a) of Pub lic Resources Code Section 21081. For each ofthe significant effects identified in Section 4, as set forth in greater detail in these Findings below, the City Council makes the finding under paragraph (3) of subdivision (a) and under subdivision (b) of Public Resources Code Section 21081. Michael Brandman Associates C:\DOCUME-) \jeng\LOCALS-I\Temp\XPgrpwise\02) 60029 CEQA Findings-West Ming Og.14-07 .doc ~ ~"'1(~-9 Q ~ >-4 - I- m - r- t.'> 0 ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Introduction In accordance with the provisions ofCEQA and the CEQA Guidelines, the City Council of the City of Bakersfield has independently reviewed the record of proceedings and based on the evidence in the record adopts these Findings. Michael Brandman Associates C:\DOCUME-I \jengILOCALS-I \Temp\XPgrpwise\02] 60029 CEQA Findings-West Ming 08-14-07 .doc ~ ~~1(~-? C> ~ ~ - t;5 l!! '" (;) 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 of the 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 of land uses to support the project's population. 5. Provide employment opportunities to assist in meet the Kern COG employment growth projections for the City. 6. Provide residential uses to meet the housing demand specified in the Metropolitan Bakersfield General Plan Land Use Element. 7. Provide development similar to and. consistent with existing or approved development in southwest Bakersfield to maintain and enhance property values and enhance compatibility of neighborhood character. 8. Provide a range of housing types on the project site. 9. Provide a master plan development so that land uses are phased in a programmed manner coordinated with the provision of infrastructure and public improvements necessary to accommodate such growth. 10. Locate development to meet anticipated growth in areas of relatively lesser environmental sensitivity, accommodating growth while balancing environmental considerations. 11. Provide parks which satisfy park dedication requirements and meet recreational needs of local residents including both active and passive recreational facilities. ~ ~AK~-9 C> ~ >- - I m () t; ORIGINAL Michael Brandman Associates C:\DOCUME-l~eng\LOCALS-l \TempIXPgJJlwise\02160029 CEQA Findings-West Ming 08-14-07.doc 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 ofthe 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 permit. In addition to these approvals, the project will require approval of parcel maps, tentative and final tract maps, conditional use permits, permits related to oil wells, and approvals for the proposed elementary and middle schools. Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS-1 I TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14.(}7 .doc ~ <op..1(~~ C> % ;::.... - I m t3 G ORIGINAL 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 ofPM10 per acre per day of activity. Michael Brandman Associates C:\DOCUME-l ljenglLOCALS-l ITemplXPgrpwisel02 J 60029 CEQA Findings-West Ming 08- J 4-07 .doc j-:O"'1(~1> 8 ~ >- - I- m - r- <..:> 0 ORIGINAL City of Bakersfield - West Mlng 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\TempIXPgrpwiseI02 I 60029 CEQA Findings-West Ming 08-14-07 .doc ~ ~(1.1(~-9 C> % ::>.. - I- m 90 S 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 ofthe 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 nonnal 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 tenns of operational emissions (area source, indirect/mobile source emissions) were summed from project commencement to buildout to detennine 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 offugitive 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 ofthe following mitigation measures as identified in the final EIR and incorporated into the Project. 5.l.C.l. Prior to the approval of building penn its, the applicant shall comply with District Regulation II, specifically, the project will be subject to Best Available Control Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS-l \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc x <ot>.1(~-9 C> ~ :>- - ~ 5 ORIGINAL 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 ofthe 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 permits, the applicant shall comply in all respects with developer's obligations under that certain Air Quality Mitigation Agreement approved by the San Joaquin Valley Air Pollution Control District, and entered into by and between the District and developer, a copy of which is contained within the appendices of the Air Quality Assessment in Appendix C of the EIR. Developer's compliance with the Air Quality Mitigation Agreement will result in a reduction of ROG, NOx, and PM10 net emissions to zero or in quantities sufficient to fully mitigate the project's air quality impacts to the extent that the development 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 PM10 net emissions by 38.79 tons per year (from 38.79 tons per year to 0 tons per year). It should be restated that approximately 39.42 tons per year of ROG, 28.22 tons per year of NO x, and 43.28 tons per year ofPM10, from onsite agricultural emissions will be subtracted from the proposed project emissions since they will phased out as the project is developed. The implementation of both mitigation measures described above (District's New Source Review Rule and the Air Quality Mitigation Agreement) will reduce the project's emissions of ROG, NOx, and PM 1 0 to a net 0 tons per year. Michael Brandman Associates C:\DOCUME- I ljengILOCALS-l ITemplXPgrpwisel02 J 60029 CEQA Findings-West Ming 08-14-07.doc ~ <fQA1(~-9 C> ~ >- - I- m 11 <3 [; ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 3.2 - BIOLOGICAL RESOURCES 3.2.1 - Potential Significant Impact Impact 5.3.A. The proposed project has a potential to result In a substantial adverse effect, either directly or through habitat modifications, on several species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Based on the literature review and field surveys, two sensitive wildlife species (San Joaquin kit fox and Burrowing Owl) are known to occur in the project vicinity and were observed on the project site. Since these two species exist in the general area and were observed onsite, the implementation of the proposed project could result in a significant impact on these two species. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.3.A.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 tenns 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 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 detennine the necessity of den excavation. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 \TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14'()7 .doc ~ ~p.,1(~~ C> % >- - Ii> G ORIGINAL City of Bal<ersfield - West Mlng Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts . Monitoring and excavation of each known San Joaquin kit fox den which cannot be avoided by construction activities. . Notification of wildlife agencies of relocation opportunity prior to ground disturbance in areas of known kit fox dens. . Excavations shall either be constructed with escape ramps or covered to prevent kit fox entrapment. All trenches or steep-walled excavations greater than three feet deep shall include escape ramps to allow wildlife to escape. Each excavation shall contain at least one ramp, with long trenches containing at least one ramp every 0.25 mile. S lope of ramps shall be no steeper than 1: 1. . All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. . All employees, contractors, or other persons involved in the construction of the project shall attend a "tailgate" session infonning them of the biological resource protection measures that will be implemented for the project. The orientation shall be conducted by a qualified biologist and shall include infonnation regarding the life history of the protected species, reasons for special-status, a summary of applicable environmental law, and measures intended to reduce impacts. A report summarizing the date, time, and topics of the "tailgate" session, list of attendees and identification of qualified biologist conducting session shall be submitted to the Planning Director within 10 days of the ''tailgate'' session. . All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or other animals. 5.3.A.3. Since kit foxes are known to exist in the general area, it is recommended that all construction personnel involved in initial ground disturbance receive sensitive species instruction prior to initial ground phases of construction. Any evidence, such as dens, should be avoided and reported to the reviewing agencies for resolution. 5.3.A.4. Prior to grading plan approval for the approximate 2, 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 Michael Brandman Associates C:\DOCUME-I ljengILOCALS- J ITemplXPgrpwisel02 1 60029 CEQA Findings.West Ming 08-14-07 .doc ~ -:o"'1(~~ C> ~ ~ - f.a m - r- <.) 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 detennined by a qualified biologist). Habitat containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October to January). . Preconstruction surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding season (September I through January 31), passive and/or active relocation efforts may be undertaken if approved by CDFG and USFWS. If active burrowing owl burrows are detected during breeding season (February 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 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 5J.A.2 includes specific avoidance measures of the San Joaquin kit fox during construction activities. Finally, Mitigation Measure 5J.AJ 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.A.3 and 5J.A.4 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 5.3.AA provides a programmatic mitigation measure for raptors such as the burrowing owl to reduce potential impacts to less than significant. 3.3 - CULTURAL RESOURCES 3.3.1 . Potential Significant Impact Impact 5.4.A. The project may potentially cause a substantial adverse change in the significance of an archaeological resource. The on-site field survey conducted in October and November of 2003 and January of 2004 did not identify any new archaeological sites, and none of the resources previously found in prior Michael Brandman Associates C:\DOCUME-I ljengILOCALS-I IT emplXPgrpwisel02160029 CEQA Findings-West Ming 08-] 4-07 .doc ~ fOf;..1(C'~ () ~ ;,." - t:: m 1iP G 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 of these sensitive and rather fragile cultural materials. Careful examination of the areas where materials were identified in previous archaeological studies was conducted but no remnants of any of the sites or isolates were found. Although no resources were found on the surface, resources could be present underground. Given the substantial concentration of previously recorded archaeological sites and isolates on the project site, there is a potential for resources to be discovered during grading excavation activities. Therefore, implementation of the proposed project could result in significant impacts to archaeological resources. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.4.A.l. 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 Michael Brandman Associates C:\DOCUME-I \iengILOCALS-1 \Temp\XPgrpwise\02 1 60029 CEQA Findings-West Ming 08-14-07 .doc ~ fO"'1(~~ C) ~ >- - ':;15 rn <.) f; ORIGINAL City of Bakersfield. West Mlng Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts locations of the IO 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 Q~atemary 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 ofthe proposed lake, underground utilities, and structural footings. As a result, implementation of the 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-I \ieng\LOCALS-I \Temp\XPgrpwise\02 1 60029 CEQA Findings-West Ming 08-14-07 .doc ~ fQAkC'1> :b...f;) ~ ':::;16 m o r- o ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 5.4.C.l. Prior to grading plan approval, the grading plans shall state that paleontological monitoring shall take place during construction excavation activities that result in excavations of six feet below ground surface or greater within the project site. Following are the specific measures. . 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-I ljengILOCALS-I\Temp\XPgrpwise\02 I 60029 CEQA Findings-West Ming 08-14-07 . doc ~ 'QA./(C'-9 C> ~ 1f:: iii - r- <..) D 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. 5.4.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.S.A. The proposed project could expose people or structures to potential substantial adverse effects, Including the risk of loss, Injury, or death Involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault; Strong seismic ground shaking; seismlc- related ground failure Including liquefaction; and landslides. The project will change the use of the project site from agricultural, vacant, and oil production uses to urban uses. During periods of construction, there will be temporary increases in human activity on the project site from the presence of construction crews. Over the long-term, there will be a permanent increase in the level of human activity on the project site. The increased levels of human activity of the project site will increase the potential exposure of persons living and working on the project site to seismic events including risk of loss, injury, and death related to earthquakes and related hazards. The seismic hazard that will result in a potentially significant impact is liquefaction. Ground failure from liquefaction could occur in the northwestern area of the project site where the recharge areas are currently located. This is due to the granular (non-cohesive) consistency of the soils and the presence of a potentially high groundwater table. The results of the liquefaction analysis for this area indicates that the soils in the northwestern area are potentially liquefiable between 15 feet and 17.5 feet below ground surface and are non-liquefiable below a depth of 17.5 below ground surface. Therefore, implementation of the project in the northwestern portion of the site could be Michael Brandman Associates C:\DOCUME-I \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 . doc ~ ~"'1(~-9 C> ~ >- - 1ls G 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 ofthe 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 comer of the project site, whichever occurs first, the project applicant shall conduct additional liquefaction studies in the northwestern comer of the project site (Le., in the vicinity of the existing recharge ponds) during recharge periods to fully evaluate liquefaction impacts on specific development projects in this area 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. The implementation of the above mitigation measure requires additional liquefaction studies in the northwestern comer of the project site to fully evaluate potential liquefaction impacts on specific development projects in this area. City staff will be required to review and approve specific designs that are incorporated in the grading and building plans to reduce potential liquefaction impacts to less than significant. 3.4.2 - Potentially Significant Impact Impact 5.5.B. The proposed project could result in substantial soil erosion or the loss of topsoil. During the construction phase of the project, activities such as grading and construction will disrupt surface vegetation and soils and will expose these disturbed areas to erosion by wind and water. The proposed project will be developed in phases and portions of the project site will have disturbed areas Michael Brandman Associates C:\DOCUME-l \iengILOCALS-1 \TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14"()7 .doc ~ fQf>../(~-9 C> % 19 ~ iii - r- o 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 current agricultural and oil activities or will have already been converted to the land uses proposed in the West Ming Specific Plan. Erosion during construction activities could be significant. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue 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 of top soil. The erosion control plan shall be submitted to the City of Bakersfield Public Works Department for review and approval. The BMPs could include soil stabilizers and silt fencing as well as other measures. Implementation of the above mitigation measure includes the implementation of an erosion control plan to reduce the potential for soil erosion and loss of top soil. The City is required to review the erosion control plan to ensure that there are adequate best management practices such as soil stabilizers and silt fencing to reduce the potential for erosion during grading activities to less than significant. 3.5 - HAZARDS AND HAZARDOUS MATERIALS 3.5.1 - Potentially Significant Impact Impact 5.6.F. Oil and gas activities could continue on the project site and could result in exposing residents and visitors to health hazards from the routine transport, use, or disposal of hazardous materials. Oil and gas activities on the project site will continue to operate on portions ofthe project site. These activities could include operation of oil wells, drilling new wells, use of above ground storage tanks, use of existing petroleum and gas pipelines as well as the establishment of new pipelines, use of existing and new sumps to contain potential spills, and operation of the existing natural gas Michael Brandman Associates C:\DOCUME-) ~engILOCALS-l I TemplXPgrpwisel02) 60029 CEQA Findings-West Ming 08-14-07.doc 10 'Of>./(C'-9 ~ >.: - f- m - r- <.) 0 ORIGINAL City of Bakersfield - West Mlng 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 Geothermal Resources regulations and public health and safety regulations, or provide other assurances that residents and visitors will not be exposed to health hazards from the routine transport, use, or disposal of hazardous materials, prior to development of affected portions of the project. Prior to grading plan approval where there is an existing drilling and/or production operations of exploration oil wells and including disposal wells, the project applicant shall have the locations surveyed, located, and marked by a licensed land surveyor or civil engineer authorized to practice land surveying. A map shall be furnished to the Office of Environmental Services showing how all existing petroleum related facilities will be protected and integrated into the proposed development. The California Division of Oil, Gas and Geothermal Resources and the City of Bakersfield development standards shall be met. Prior to grading plan approval, all drilling and production activities shall be subject to all fire and safety regulations as required by the Bakersfield City Fire Department. The City Code 15.66.040 and 15.66.080 Well Site Development Standards Setback states that no petroleum well shall be drilled nor shall any storage tank and other production related structures be located within: . 75 Feet 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; ~ ~"'1(C'-9 C> ~ ~1 m - r- (,) 0 ORIGINAL Michael Brandman Associates C:\DOCUME-l ~eng\LOCALS-l \ TempIXPJllllwise\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 . 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% ofit'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.l requires that future oil wells and associated equipment not expose residents and visitors to health hazards from routine transport, use, or disposal of hazardous materials. This measure will reduce potential health hazard impacts from future oil well and associated equipment to less than significant. Mitigation Measure 5.6.F.2 requires ~ ~~1(~~ C> ~ ~ -- Michael Brandman Associates U ~ C:\DOCUME-I \jeng\LOCALS-I \Temp\XPgrpwise\02 1 60029 CEQA Findings-West Ming 08-14-07 .doc (.) 0 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.F.3 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 (PAH), benzene, toluene, xylene, ethylbenzene and heavy metals. Implementation ofthe 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-I \jengILOCALS-I ITemplXPgrpwisel02 I 60029 CEQA Findings-West Ming 08-14.07 .doc ~ <o(1.1(~1> C) ~ >- - t- m r 230 CJ 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 Geothermal 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 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 on site 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 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. 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, 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. 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 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. Michael Brandman Associates C:\DOCUME-1 \jengILOCALS- I ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc <<. ~p..1(~-9 o ~ .:>- - I- m _ r- 011IGINA~ 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 ofthe above mitigation measures will reduce potential health hazard impacts associated with past oil and gas activities on the project site. These measures address procedures for abandoned and idle wells (Mitigation Measures 5.6.G.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.GA), 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 ofthe project site has included the application of pesticides, herbicides, and associated metals, which may be present in near surface soils at residual concentrations of concern. Potential hazard impacts from the past application of chemicals to the majority ofthe site are considered a potentially significant impact. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. Michael Brandman Associates C:\DOCUME-I \jengILOCALS-1 ITemplXPgtpwisel02160029 CEQA Findings-West Ming 08-14-07 . doc ~ 'QP.k~-9 C> ~ >- - "- m 15 G 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. Concurrently with submittal of a tentative subdivision map application or other development plan in th~ northwestern comer ofthe 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. 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. ~ fQf1,1(~-9 ,() ~ t::26 m (.) G ORIGINAL Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS-I \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 aIterationshave 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. 5.6.1.1. Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern comer of the project site, whichever occurs first, the onsite subsurface irrigation piping within the grading envelope shall be tested to determine if Asbestos Containing Materials are present in the piping. If Asbestos Containing Materials are present, a plan shall be prepared to identify how the piping will be removed and disposed of during grading activities. The applicant shall provide the City with evidence that any piping with Asbestos Containing Materials was disposed of in accordance with federal, state, and local laws. The preliminary report shall be submitted with said application. The report, findings and recommendations shall be submitted for approval by the Fire Department, prior to recordation of a final map or approval of a development plan. The implementation of the above mitigation measure requires that the applicant dispose of the subsurface irrigation piping that contains Asbestos Containing Materials (ACMs) in accordance with federal, state, and local laws. The mitigation measure also requires a report identifying the potential ACMs to the City's Fire Department. The implementation of this measure would reduce potential hazard impacts associated with subsurface irrigation piping to less than significant. 3.5.5 - Potentially Significant Impact Impact 5.6.J. Onsite electrical transfonners 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- J\jengILOCALS-1 ITemp\XPgJpwise\02 I 60029 CEQA Findings-West Ming 08-14-07.doc ~ ~~1(~-9 C) ~ ~ - 27'= ~ <.) 0 ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.6.J.1. Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern comer of the project site, whichever occurs first, the soils beneath the existing pole-mounted transformers within the grading envelope shall be tested. Ifthe soils are found to be hazardous, the soils shall be disposed of in accordance with applicable federal, state and local regulations. The applicant shall provide the City with evidence that any hazardous soils found 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. . I 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-I \jengILOCALS-1\Temp\XPgrpwise\02 1 60029 CEQA Findings-West Ming 08-14-07 .doc ~ fQf>../(C-9 C> ~ .":>- - ~ G 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 of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.6.K.1. Prior to grading plan approval, the handling and storage of hazardous and acutely hazardous materials shall be restricted to less than threshold planning quantities within 1,000 feet of sensitive receptors which include residential areas, schools, daycare centers, hospital, convalescent homes and other large immobile populations. Sensitive receptors shall not be approved within zones of cancer risk identified by a health risk assessment of greater than 10 in 1,000,000. At this time the specific industrial uses that will occupy the project site and the types and quantities of hazardous materials that will be handled and stored are not known. In addition, the specific locations of oil field operations and the proximity of these operations to sensitive receptors such as residences and schools are not known. Therefore, the above mitigation measure provides a restriction of the location and quantity of hazardous materials from sensitive receptors. Furthermore, this measure restricts sensitive receptors from being located within zones of cancer risk identified by a health risk assessment that would need to be prepared. The implementation of this mitigation measure would reduce potential hazard impacts to sensitive receptors to less than significant. Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS-1 \Temp\XPgrpwise\02 1 60029 CEQA Findings-West Ming 08-14-07 .doc ~ ~"'1(C'-9 C> ~ >- - I- 29 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 3.6 - HYDROLOGY AND WATER QUALITY 3.6.1 - Potentially Significant Impact Short-Term Construction Impacts Impact 5.7.A. The proposed project could violate water quality standards or waste discharge requirements. Implementation of the proposed project would result in construction activities that could have the potential to contribute to pollutants in surface waters off-site potentially impacting the water quality within the Kern River. Generally, construction-phase activities could generate pollutants such as increased silts, debris, chemicals, and dissolved solids related to the following activities: . Grading - disruption of surface soils and increased susceptibility to erosion; . Building Construction - Use of sealants, glues; wood preservatives, oils, concrete and the generation of debris related to construction activities; . Painting - Paint fragments and stucco flakes; . Construction Equipment and Vehicle maintenance -Washing, chemical degreasing Since construction activities could result in increased pollutants to surface water, the proposed project could result in a short-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 ~ fQ(1./(S'-9 C> ~ ;:.... - I- m - r- o tJ 30 ORIGINAL Michael Brandman Associates C:\DOCUME- J \jengILOCALS-1 ITemp\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 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 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 potential stonn water quality impacts during construction activities to less than significant. 3.6.2 - Potentially Significant Impact Impact 5.7.C. The proposed project could alter the existing drainage pattern of the site or area in a manner which would result in erosion or siltation on- or off-site. Implementation ofthe proposed project would result in incremental grading on the project site. The grading would alter the existing drainage ofthe project site. Onsite stonnwater flows would be conveyed to the series of detention and retention facilities that are proposed onsite. Construction activities associated with the project could have the potential to cause erosion or siltation leaving construction sites. Erosion could occur if graded slope areas are not stabilized when stonns occur. Silt leaving a construction site could be transported within stonnwater flows or carried offsite by construction vehicles. Construction activities associated with the project could result in a significant erosion or siltation impact. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.7.A.1. Prior to grading plan approval, the project applicant shall prepare a Stonnwater Pollution Prevention Plan (SWPPP) that confonns to the State Water Resources Control Board Michael Brandman Associates C:\DOCUME-] \jengILOCALS-IITempIXPgrpwiseI02] 60029 CEQA Findings-West Ming 08-] 4-07 . doc ~ -:of>../(S'1> C> ~ ~ 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 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 ofthe lake could result in reductions of the quality of the lake water. These uses could result in floating debris, water clarity issues, dissolved oxygen, algae, aquatic plant growth, and insect growth. Activities surrounding the lake could also degrade the water quality of the lake. These activities could result in trash, leaves, oil, grease, and fertilizers from adjacent landscape areas. Therefore, implementation 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-I \jengILOCALS-1 ITemplXPgrpwisel02 I 60029 CEQA Findings-West Ming 08.14.Q7.doc ~ ~A1(C'l' C> ~ f).2 m - r- <..:> 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. 5.7.E.1. Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern comer of the project site, whichever occurs first, the project applicant shall 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 I DO-year frequency flood zone. The project includes residential uses and potentially other structures within areas that are currently within the I DO-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 I DO-year flood hazard zone, the proposed project could result in a significant flood impact. Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS-IITemp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14'()7 .doc ~ ~"'1(~-9 C> % >- - S 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 into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.7.F.1. Prior to recordation of a final map, or as otherwise determined by the Building Director, for on site 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 A venue 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. Michael Brandman Associates C:\DOCUME-I \jengILOCALS-IITemp\XPgrpwiseI02160029 CEQA Findings.West Ming 08-14-07 .doc ~ ~(1.1(~-9 C> ~ >- - ~ G 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 of the project site from the 100-year flood hazard area. The improvements require the extension of the recently constructed levee along Ming Avenue to intersect with the proposed West Beltway. The study detennined that the elevation at the intersection needs to be 354.0 feet. In addition, the levee system is required to continue along the westerly boundary of the site along the proposed West Beltway alignment to 2,800 feet south of the existing Kern River Canal where it would blend into the natural ground elevation of approximately 349.0 feet. The levee system also requires the raising 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 of the levee would blend into the existing embankment at elevation 351.6 feet. Finally, a small area in the southwestern portion ofthe project site that is currently within a 100-year flood hazard area would include specific improvements to remove the area from a 100-year flood zone. The specific improvements are required to be submitted to and approved by the City of Bakersfield Building Department. The implementation of the above mitigation measures would reduce flooding impacts to housing units and other structures associated with the project to less than significant. 3.7 - NOISE 3.7.1 . Potentially Significant Impact Impact 5.S.A. Sensitive uses within the project site would be exposed to noise levels that exceed the established City of Bakersfield noise thresholds. The development of the proposed land uses would be exposed to traffic noise levels generated from on- and off-site. Using traffic data provided by McIntosh and Associates, an analysis was conducted to identify the future traffic noise exposures that would occur at the project site by the Year 2015 and Year 2030. Two roadway segments (West Beltway south of White Lane and West Beltway north of White Lane) in 2015 and three roadway segments (West Beltway south of White Lane, West Beltway north of White Lane, and White Lane from West Beltway to South Allen Road) in 2030 would expose adjacent sensitive uses to greater than 65 dB CNEL. An exceedance of 65 dB CNEL on the on-site sensitive uses such as residences and schools would be a significant noise impact. !<. ~f>..1(C'-9 C> % >- m !::: r- (,;) Q 35 OFlIGINA\.. Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS-1 ITemplXPgrpwise\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 In addition, standard residential building construction is typically assumed to provide a noise reduction of 20 dB with doors and windows closed. Applying this to the exterior noise levels identified in the EIR, it may be concluded that the City's interior CNEL standard of 45 dB may be exceeded at some of the proposed homes and potentially schools adjacent to White Lane and West Beltway. Therefore, the potential noise impact would be considered significant. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.8.A.1. 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 \jeng\LOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ <0 (1./(C'-9 C> ~ ~ - ~ l!! (.) 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. 5.8.C.I. Prior to site plan approval for commercial and industrial uses adjacent to residential uses, the project applicant shall conduct a noise study to detennine the appropriate measures to reduce potential noise levels to meet the City's noise level perfonnance 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 ljeng\LOCALS-1 \TempIXPgIJlwise\02160029 CEQA Findings. West Ming 08-14-07 .doc ~ ~"'1(~-9 C> % ;:... - I- 37 m - r- (.) t:J ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 5.8.C.2. Prior to City approval (conditional use penn it, site plan, building permit, fire department permit, etc.) for the construction of an oil well adjacent to sensitive land uses, the project applicant shall conduct a noise study to determine the appropriate measures to reduce potential noise levels to meet the City's noise level performance standards. If sensitive land uses are proposed to adjacent existing oil wells, appropriate measures would include setbacks, sound barrier, or a combination of both. If oil wells are proposed adjacent to existing sensitive land uses, the engines associated with the oil wells could be converted to electric motors, sound barriers could be used, or setbacks could be established. Since the proposed project includes commercial and industrial uses that may generate noise levels that could create significant noise impacts on adjacent residential uses, the requirement to conduct a noise study to meet the City's noise level 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 of the following mitigation measures as identified in the final EIR and incorporated into the Project. Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS-l\Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ 'Of>../(S'-9, C> ~ ~ 38 m _ r- '-' 0 ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 5.8.D.1. 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 pote'ntial 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 terms of the velocity of the vibration oscillations. As with noise, a logarithmic decibel scale (VdB) is used to quantify vibration intensity. When groundborne vibration exceeds 80 VdB, it is usually perceived as annoying. Typically, vibration must exceed 100 V dB before building damage occurs. The primary vibratory source during the construction of the project could be large bulldozers and loaded trucks. Typical bulldozer or loaded truck activities generate an approximate vibration level of 86-87 V dB at a distance of 25 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 ofthese 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 groundbome vibration levels during construction activities associated with White Lane and South Allen Road. Both of these roadways would be improved to a 6-lane arterial, and the existing residences would be approximately 50 feet from the future construction activities of these roadways. Michael Brandman Associates C:\DOCUME-I \jeng\LOCALS-I \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14.07 .doc ~ f'Q"'1(~-9 C> ~ } - WI m <..) G 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 groundborne vibration impacts. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.8.E.1. Prior to grading plan approval, the grading plans shall state that construction activities associated with development of the project site would be required to be in confonnance with Section 9.22.050 of the City of Bakersfield Municipal Code which limits construction to the hours of 6 a.m. to 9 p.m. on weekdays, and between 8 a.m. and 9 p.m. on weekends, where construction occurs less than 1,000 feet from residences. 5.8.E.2. Prior to grading plan approval, the grading plans shall state that construction equipment shall be equipped with mufflers and maintained in accordance with the equipments' factory specifications. During construction activities, the construction equipment muffler and maintenance records shall be onsite. When groundbome vibration exceeds 80 vibration decibels (VdB), 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-I \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~A1(~~ C> % ~40 iii - r- <.) 0 ORIGINAL City of Bakersfield. West Mlng Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 3.7.5. Potentially Significant Impact Impact 5.8.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 ofthe project. During construction, noise from construction activities would potentially impact noise-sensitive land uses in the immediate area. Activities involved in construction would generate noise levels at 50 feet. As development is phased throughout the site, construction activities will continually be moved so that no one home or group of homes would be continually exposed to construction noise throughout the 20-year build-out period. Due to the continual movement of construction activities, onsite residences would be temporarily exposed to construction noise. The nearest existing residences to future construction activities on the project site are approximately 110 feet, and these residences are located along South Allen Road and White Lane. Both of these roadways include future rights-of-way of 110 feet. Therefore, construction activities on the site would be 110 feet and farther from the existing residences. However, these existing residences would be exposed to noise levels during construction activities associated with White Lane and South Allen Road. Both of these roadways would be improved to a 6-lane arterial, and the existing residences would be approximately 50 feet from the future construction activities of these roadways. Construction activities associated with the proposed project could temporarily result in annoyance for nearby residences; therefore, these activities could result in significant noise impacts Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.8.E.1. Prior to grading plan approval, the grading plans shall state that construction activities associated with development of the project site would be required to be in confonnance with Section 9.22.050 of the City of Bakersfield Municipal Code which limits ~ fQ"'1(~-9 C> ~ >- - I m Cfl1 t; ORIGINAL Michael Brandman Associates C:\DOCUME- ) \jeng\LOCALS- ) \TempIXPgrpwise\02 ) 60029 CEQA Findings-West Ming 08. ) 4'()7 .doc City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts construction to the hours of 6 a.m. to 9 p.m. on weekdays, and between 8 a.m. and 9 p.m. on weekends, where construction occurs less than 1,000 feet from residences. 5.8.E.2. Prior to grading plan approval, the grading plans shall state that construction equipment shall be equipped with mufflers and maintained in accordance with the equipments' factory specifications. During construction activities, the construction equipment muffler and maintenance records shall be onsite. Construction activities associated with the proposed project could range from 77-90 dB at approximately 50 feet. These construction activities could expose existing or future onsite residences to significant noise levels. Given the constant movement of the construction activities, these impacts would result in a temporary annoyance. The above mitigation measures would limit construction activities in 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-I \jengILOCALS-I ITemplXPgrpwisel02 I 60029 CEQA Findings-West Ming 08.14-07.doc ~ fQAk~-9 C> ~ > - ti m 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 of the residential areas. Offsite school sites and facilities may be utilized in lieu of onsite school sites and facilities where available and appropriate. High schools constructed by Kern High School District typically have a capacity of approximately 2,150 to 2,180 students, but can accommodate approximately 100 students over this capacity. Stockdale High School currently serves the project site, and currently has an enrollment of 150-200 students over capacity. The Kern High School District is currently studying a new student generation rate, based upon the rapid growth of the Metropolitan area. Nonetheless, according to the Kern Council of Governments (KERNCOG) Profile of General Demographic Characteristics, U.S. Census Bureau, Census 2000 Data, the overall student generation rate for the Bakersfield area is 0.22 students per residential unit. Using a student generation rate of 0.22 students per residential unit, the proposed project (7,450 units) is estimated to generate approximately 1,639 new high school students. The generation of approximately 1,639 new high school students indicates that 0.75 new high schools would be required to accommodate this population; therefore, the proposed project will significantly impact the school district and necessitate the construction of an additional high school facility to serve the student the population anticipated within the project site. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 \TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ <0 (1./(C'-9 43 % >- - I- m - r- (,.:l 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.1. Prior to the issuance of building permits, the project applicant shall pay Panama-Buena Vista Union School District and Kern High School District adopted development impact school fees in accordance with the statutory fees that are in effect at the time of issuing each permit. Both the Panama-Buena Vista Union School District and Kern High School District have adopted development impact school fees in accordance with the statutory fees to provide adequate school facilities for students generated from 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 2211SB 61 0 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-I \jengILOCALS-I ITemplXPgrpwisel02 I 60029 CEQA Findings-West Ming 08-14-07 .doc ~ ~Ak~-9 C> ~ >-. - I- 44 m - r- (.) 0 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 penn its for the onsite water facilities (i.e., water lines and water wells), the construction and operational impacts such as noise, traffic, and air emissions on adjacent land uses need to be adequately addressed in accordance with the CEQA Guidelines. Construction activities are required to occur at times specified in the Municipal Code as well as ensure that mufflers are on the construction equipment. Operational noise levels associated with the water wells are required to be in confonnance with the City of Bakersfield Noise Perfonnance 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 tenn emissions associated with the water well pump would require an air penn it from the District. The City of Bakersfield Water Department has adequate water supplies to serve the proposed project as outlined in the SB 221/SB610 Water Assessment Report and prepared by Provost and Pritchard and located in Appendix M of the Draft EIR and revised in the responses to comments, which is in Chapter 2 of the Recirculated Draft EIR. Although adequate water supplies are available, the project will require onsite waterlines and water wells on the project site. The provision of these onsite water facilities could result in significant environmental impacts (i.e., noise, traffic, air emissions) to land uses that exist on the site prior to construction of the facilities. The above mitigation measure includes requirements to ensure that the construction impacts associated with these water facilities (i.e., noise, traffic, and air emissions) are reduced to less than significant through adherence to the noise requirements in the City's Municipal Code, mufflers on construction equipment, conformance with the City of Bakersfield Noise Performance Standards, traffic management plans, and air pennits 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 I 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 \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08.14-07.doc ~ fOAkC'-9 () tP .:>.. '-(\ f-- m 045 t; 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 on site and offsite sewer facilities, the construction of these facilities could result in significant environmental impacts (i.e., noise, traffic, air emissions) to land uses that exist on the site prior to construction of the facilities. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.12.C.t. Prior to the recordation of final maps, the project applicant shall demonstrate to the City of Bakersfield Public Works Department that the existing sewer trunk lines and the existing sewer lift station on White Lane are adequate to accommodate project flows. If the development of the individual tracts result in the exceedance of the capacities of the existing facilities, the existing facilities shall be expanded or new facilities shall be constructed to adequately serve the proposed tract. 5.12.C.2. Prior to the issuance of building pennits, 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 pennits 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 confonnance with the City of Bakersfield Noise Performance Standards. Traffic management plans need to be ~ ~~1(~-9 C> % ;>... - I- m <:; 46 :; ORIGINAL Michael Brandman Associates C:\DOCUME- J \jengILOCALS-1 \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 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 A venue along South Allen Road to White Lane, where it extends east along White Lane to Buena Vista Road, then extends south along Buena Vista Road and extends south of the existing railroad. There is also an existing sewer lift station on the project site along White Lane approximately 1,400 feet west of Buena Vista Road. The project includes a conceptual sewer plan with lines ranging from S-inch to IS-inch to connect the existing sewer lines along South Allen Road, White Lane, and Buena Vista Road. Mitigation Measure S.I2.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 ofthe treatment plant. Furthermore, Mitigation Measure S.I2.C.3 includes a requirement to ensure that the construction impacts associated with onsite and off-site sewer facilities (Le., noise, traffic, and air emissions) are reduced to less than significant through adherence to the noise requirements in the City's Municipal Code, mufflers on construction equipment, conformance with the City of Bakersfield Noise Performance Standards, traffic management plans, and air permits for the lift station. 3.9.3 - Potential Significant Impact 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- J \jengILOCALS-I\Temp\XPgrpwiseI02 1 60029 CEQA Findings-West Ming 08-14-07 .doc ~ 'OAk~-p :::...(J ~ ~ ~ o 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 onsite drainage facilities, the construction of these facilities could result in significant environmental impacts (i.e., noise, traffic, air emissions) to land uses that exist on the site prior to construction of the facilities. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.I2.E.1. Prior to the issuance of building permits for the onsite drainage facilities, the construction and operational impacts such as noise, traffic, and air emissions on adjacent land uses need to be adequately addressed in accordance with the CEQA Guidelines. Construction activities are required to occur at times specified in the Municipal Code as well as ensure that mufflers are on the construction equipment. Operational noise levels associated with the drainage pumps are required to be in conformance with the City of Bakersfield Noise Performance Standards. Traffic management plans need to be implemented to ensure adequate safety during construction activities. Finally, construction air emissions are required to be reduced according to the San Joaquin Valley Air Pollution Control District Guidelines and long term emissions associated with the drainage pumps would require an air permit from the District. The proposed project includes a conceptual storm drain plan that includes a series of detention and retention facilities and storm drain lines that connect them. The above mitigation measure includes a requirement to ensure that the construction impacts associated with the onsite drainage facilities (i.e., noise, traffic, and air emissions) are reduced to less than significant through adherence to the noise requirements in the City's Municipal Code, mufflers on construction equipment, conformance with the City of Bakersfield Noise Performance Standards, traffic management plans, and air permits for the lift station. Michael Brandman Associates C:\DOCUME-I \jengILOCALS-l I TemplXPgrpwisel02 I 60029 CEQA Findings-West Ming 08-14-07 .doc ~ <o~Kt-9 C) ~ >- - I- m _ r- o 0 ~RIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 3.10 - MINERAL RESOURCES 3.10.1 - Potential Significant Impact The operation of oil facilities could affect future land uses on the project site. The project site contains active, producing oil wells and wells that are no longer active. A Natural Resources Impact Report was prepared for the proposed project in 2004 by Claude D. Fiddler (see Appendix H in the Draft EIR which is in Chapter 1 of the Recirculated Draft EIR) and updated by WZI, Inc. in 2006 (see Attachment 2 in the Responses to Comments document dated December 8, 2006). The proposed project includes a Special Use District that would allow continued oil well production. In addition, existing and future wells located outside of the Special Use District could be accommodated in the land use plan by the designation of single lots as drilling islands that would be used for the production of oil and other related uses. One area in the northwestern portion 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 ofthe oil facilities could affect future land uses on the project site. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. Prior to approval of a tentative tract//parcel map, the project applicant shall submit a petroleum integration plan that shows how all existing petroleum-related facilities will be protected and integrated into the proposed development and provides documentation of compliance with Section 17.46.010 and Section 15.66 of the City Municipal Code. The project site contains active, producing oil wells and wells that are no longer active. The proposed project includes a Special Use District that would allow continued oil well production. In addition, Michael Brandman Associates C:\DOCUME-I \jengILOCALS-1 \ Temp\XPgrpwise\02160029 CEQA Findings- West Ming 08-14-07 . doc ~ ~r..K~1> <:> ~ ... - !:: 49 ~ t..:> c::, 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 ofthe project site (i.e., 2.5 acres) is proposed to be designated West Ming Drill Island District (WM-DI) zone. According to the West Ming Specific Plan Compatibility & Safety Assessment prepared by Claude D. Fiddler in December 2004 (see Appendix N), the implementation of the proposed project would not diminish the oil recovery from the reservoirs in the project development area. 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-attalnment under an applicable federal and state ambient air quality standard. An analysis of the existing and proposed projects within an area identified in the traffic s~udy where roadway segments and intersections will require improvements due to project-generated traffic was conducted. The projects identified were determined based on cumulative project information obtained from City and County planning personnel. Thirty-five proposed residential development, four mixed use, and twenty-four commercial projects have been identified and modeled using the URBEMIS 2002 Version 8.7 computer model to predict cumulative impacts. A build-out rate of 4 dwelling units a month was applied for each other identified project when no other information was available. Emissions for the operational phase ofthe proposed projects were based on housing lot totals and commercial square feet totals provided by the City of Bakersfield Planning Department and the Kern County Planning Departments. The San Joaquin Valley Air Basin has been designated as a non-attainment area for the ozone standards, both federal and state. A quantitative modeling analysis was conducted to address potential cumulative criteria pollutant impacts in the project area. The modeling approach employed is consistent with federal, state and District guidance for considering the impacts from industrial facilities. The maximum predicted total impacts were compared to the California and National Ambient Air Quality Standards (CAAQS and NAAQS). The cumulative results show that total impacts (i.e., Michael Brandman Associates C:\DOCUME-I \jengILOCALS-IITemp\XPgrpwise\02 I 60029 CEQA Findings-West Ming 08.14-07.doc ~ ~r..K~-9 C) ~ >-50 m !:: r- t..:> c::, ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts modeled maximum cumulative impacts plus highest background values) of all the criteria pollutants are below the applicable state and federal standards, with exception of PM 10 (216.6% of the 24-hour standard and 224.1% of the annual standard) and PM2.5 (106.5% ofthe 24-hour standard and 154.2% of the annual standard). The cumulative impacts ofPM10 and PM2.5 are considered significant within the one-mile and six-mile radius. In addition to the cumulative analysis that assumes full project buildout, an analysis of an intermediate year (i.e., 2015, when the project site has most of the commercial and industrial sources built out) was conducted. Therefore, all 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. S.2.C.t. Prior to the approval of building permits, the applicant shall comply with District Regulation II, specifically, the project will be subject to Best Available Control ~ ~r..K~-9 C) ~ .>.. - ..... rn CJt;1 c; ORIGINAL Michael Brandman Associates C:\DOCUME-l \jengILOCALS-IITemp\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 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 ROO 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 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 ROO, NOx, and PM 10 net emissions to zero or in quantities sufficient to fully mitigate the project's air quality impacts to the extent that the development of the project will result in no net increase in criteria pollutant emissions over the criteria pollutant emissions which would otherwise exist without the development of the project, all as verified by the San Joaquin Valley Air Pollution Control District. Accordingly, the Air Quality Mitigation Agreement will further reduce ROG net emissions by 68.05 tons per year (from 68.05 tons per year to 0 tons per year), will further reduce NOx net emissions by 19.20 tons per year (from 19.20 tons per year to 0 tons per year), and will reduce PM 1 0 net emissions by 38.79 tons per year (from 38.79 tons per year to 0 tons per year). It should be restated that 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 intermediate year buildout (i.e., 2015, when the project site has most of the commercial and industrial sources built out) would result in PMIO and PM2.5 exceeding the applicable state and federal standards. Under full project buildout, absent mitigation, PM 1 0 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 intermediate 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 intermediate year 2015. Michael Brandman Associates C:\DOCUME-\ \jengILOCALS-\ \Temp\XPgrpwise\02 \ 60029 CEQA Findings-West Ming 08-\4-07.doc ~ ~"'K~-9 Q Ol ~52 ~ I- rn - r- (.) c::, 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 PMIO emission to net zero. By reducing PMl 0 emission to net zero, PM2.5 which is a subset or portion ofPMIO, 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 tpy of 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 ofROG, 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. S.2.C.t. Prior to the approval of building permits, the applicant shall comply with District Regulation II, specifically, the project will be subject to Best Available Control Technology (BACT) in accordance with the District's New Source Review (NSR) Rule. As a part 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 ~r..Ks: per year). <!} -9J"l ~ ~ I- rn _ r- o c::, OnlCI!]Al Michael Brandman Associates C:\DOCUME-I\jengILOCALS-lITemp\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 S.2.C.2. Prior to the approval of building permits, the applicant shall comply in all respects with developer's obligations under that certain Air Quality Mitigation Agreement approved by the San Joaquin Valley Air Pollution Control 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 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 ofPMIO, from onsite agricultural emissions will be subtracted from the proposed project emissions since they will phased out as the project is developed. Absent mitigation, the proposed project would contribute significant emissions ofROG, ~Ox, 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 PMIO to net zero, thereby, the project would result in less than significant, and less than cumulatively considerable, impacts on air quality. 3.11.3 - Potential Significant Impact Impact 6.3.2.0. Cumulative development would contribute to visibility impacts. According to the Air Quality Assessment in Appendix C of the Draft ErR which is in Chapter 1 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 Ilg/m3 ofPMJO. The maximum modeled PMJO cumulative impact of 108.08 Ilg/m3 (as shown on Table 7.1-5 in the Air Quality Assessment in Appendix C of this Draft EIR, which is in Chapter 1 of the Recirculated Draft EIR) is over 90 Ilg/m3. This is due to the background concentration (104.3 Ilg/m3) exceeding the 90 Ilg/m3. Since cumulative development will contribute PMIO to an air basin that is in non-attainment ofPMIO, development ofthe cumulative projects, including the proposed project, would result in a Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS-1 \TempIXPgrpwise\02 160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~r..K~1> ~ <; !::: 54 ~ (,) c::, 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. S.2.C.t. S.2.C.2. 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 ROO 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 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 PMl 0 net emissions by 38.79 tons per year (from 38.79 tons per year to 0 tons per year). It should be restated that ~ ~""K~-9 C) ~ .>.. -- I- rn Q r- OfUG1NAb Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 \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 approximately 39.42 tons per year of ROG, 28.22 tons per year of NO x, and 43.28 tons per year of PM 1 0, from onsite agricultural emissions will be subtracted from the proposed project emissions since they will phased out as the project is developed. The 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 of 90 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 of PM 10. Therefore, After implementation ofthe two mitigation measures above, the proposed project would not contribute to cumulative visibility impacts. 3.11.4 - Potential Significant Impact Impact 6.3.3.A. The proposed project will contribute to a significant Impact to biological resources that is considered cumulatively considerable. Implementation of the proposed project, in conjunction with future development associated with the General Plan buildout, would contribute to the loss of habitat in the region, resulting in a decline of biological resources and species diversity. The proposed project would not result in the loss of sensitive habitat or plant species. However, since the San Joaquin kit fox and burrowing owl are known to exist in the general area, implementation of the proposed project as well as future development associated with General Plan buildout could result in a significant cumulative impact on this species. Since the proposed project could result in significant impacts on these species, the project's impact to biological resources is considered cumulatively considerable. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of Findings The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant and less than cumulatively considerable by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~r..K~1l <:> ~ ~ - I- 56 rn - r- <..) c::, ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts S.3.A.t. 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. S.3.A.2. Prior to grading plan approval on the approximately 2, 1 82-acre site, the project proponent shall comply with all appropriate terms and conditions of the MBHCP to the City regarding San Joaquin kit fox. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase 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. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 \ Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~~K~~ C) ~ ~ 57 p} <:3 c::, 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. S.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. S.3.A.4. Prior to grading plan approval for the approximate 2, 1 82-acre site, the project applicant shall comply with the following raptor nest mitigation: . If site grading is proposed during the avian nesting season (February to September), a focused survey for avian nests shall be conducted by a qualified biologist prior to grading activities in order to identify active nests. in areas potentially impacted by project implementation. . If construction is proposed to take place during the nesting season (February to September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified biologist). Habitat containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October to January). . Preconstruction surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding season (September 1 through January 31), passive and/or active relocation efforts may be undertaken if approved by CDFG and USFWS. If active burrowing owl burrows are detected during breeding season (February 1 through August 31), no disturbance to these burrows shall occur in accordance with the Migratory Bird Treaty Act. The implementation of Mitigation Measure 5.3.A.l includes the collection ofa 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 of the 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-1 \Temp\XPgrpwise\02 I 60029 CEQA Findings-West Ming 08-14-07 .doc ~ ~r..K~, .>.. .~ tr- <3 58 ORIGINAL City of Bakersfield - West Mlng Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts Implementation of Mitigation Measures 5J.AJ and 5J.A.4 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 pers~nnel 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. Ifthe 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 ~ ~r..K~-9 C) ~ r- iT' Michael Brandman Associates '0 59 f; C:\DOCUME-l \jengILOCALS-1 \TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ORIG I NAL City of Bakersfield - West Mlng Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts Native American monitor shall take place during construction excavation activities at the locations of the 10 cultural sites and 26 isolates that were previously recorded on the site within the project site. The archaeologist shall prepare a summary report of the monitoring activities and findings. The report shall be submitted to the City of Bakersfield Planning Department and other appropriate agencies within 10 days of completion of monitoring. Following are the specific measures. · The archaeological monitor shall attend a pre-grade meeting to explain the role ofthe monitor during grading activities. · If cultural resources are detected within the project area, the cultural resources must be recorded using appropriate State record forms (DPR523 series) and following guidelines in the California Office of Historic Preservation's handbook "Instructions for Recording Historical Resources." The archaeologist will then submit two (2) copies of the completed DPR523 forms to the Southern San Joaquin Valley Information Center for the assignment of trinomials. · If cultural resources are detected within the survey areas, they must be evaluated for significance and integrity using criteria established in the CEQA Guidelines for unique cultural resources and/or 36 CFR 60.4 for eligibility for listing 01'1 the National Register of Historic Places. · If cultural resources are found within the project footprint, appropriate mitigation measures and recommended conditions of approval must be developed to eliminate adverse project effects on significant, important, and unique historical resources, following appropriate CEQA and/or National Historic Preservation Act Section 106 guidelines. . A technical resources management report is required. The report must document the inventory, evaluation, conclusions and mitigation recommendations. Submit two copies of the completed report, with original illustrations, to the Southern San Joaquin Valley Information Center for permanent archiving. S.4.C.t. 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-l \jengILOCALS-1 \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 . doc ~ ~r..K~1> C) ~ :>.. - !:: 60 p:! t..:> c::, 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. S.4.D.t. Prior to grading plan approval, the grading plans shall state that ifhuman 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 than 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 ofthe 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-l \jengILOCALS-1 \TempIXPgrpwise\02 I 60029 CEQA Findings-West Ming 08-14-07 .doc ~M.t-9 cJ ~ ~ rn 1.::61 r t..:> c::, 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. S.7.A.t. 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. The above mitigation measure requires a SWPPP to be prepared that specifies BMPs to prevent construction-related pollutants from the project site 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 the project's potential contribution to cumulative storm 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 1 OO-year flood events. Therefore, the project's contribution of increasing potential flooding impacts is considered cumulatively considerable. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS-1 \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ <Qr..K~1> C) ~ .>.. ...... ..... rn c.:I2 c; 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. S.7.F.1. S.7.F.2 Prior to recordation of a final map, or as otherwise determined by the Building Director, for onsite areas that are currently in 100-year flood hazard area, the project applicant is required to obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA). The LOMR shall identify that the area of the proposed development has been removed from the Zone A FEMA designation and submitted to the City of Bakersfield Building Department. Based on the Flood Study prepared by McIntosh and Associates in May 2005, the following improvements are required to remove the majority 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 determined by the Building Director, for the small area of the southwestern portion of the site that is currently within a 100- year flood hazard area, specific improvements to remove this area from the Zone A FEMA designation are required to be submitted to FEMA for approval and then submitted to the City of Bakersfield Building Department. Michael Brandman Associates C:\DOCUME-l\jengILOCALS-I\TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~(>'K~1' ~ ~3 _ I- rn _ r- <.) c::, ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts With the implementation ofthe 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. S.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 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 Michael Brandman Associates C:\DOCUME-I \jengILOCALS-1 \TempIXPgrpwise\02 I 60029 CEQA Findings-West Ming 08-14-07 .doc ~ ~r..K~-'9 C) ~ ~ rn _ r- t..:> (:) 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 offsite water facilities to be built to serve the project. Water facilities associated with other projects may also result in environmental effects. Therefore, the project's contribution to cumulative impacts associated with the construction of water facilities for other development would be considered cumulatively considerable. Findings Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment Facts in Support of Findings The project's contribution to the cumulative significant effect has been eliminated or substantially lessened to a level that is less than significant and less than cumulatively considerable by virtue of the following mitigation measures as identified in the final EIR and incorporated into the Project. 5.12.B.1. Prior to the issuance of building permits for the on site 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-l \jengILOCALS-1 \TempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~r..K~-9 C) ~ >- ..- I- rn - .- <.) c::, ~IGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative 'Adverse Impacts Implementation of the above mitigation measure requires that the future construction of water facilities are completed in accordance with (1) noise requirements in the City's Municipal Code and the noise performance standards in the City's Noise Element; (2) traffic management plans to ensure safety during construction activities; and (3) the SN APCD air emission regulations that require permits for emissions associated with the operation of a water well pump. Compliance with the above regulations will ensure that construction and operation of future water facilities are reduced to less than significant and less than cumulatively considerable. 3.11.10 - Potential Significant Impact 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 of the 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. S.l2.C.l. Prior to the recordation of final maps, the project applicant shall demonstrate to the City of Bakersfield Public Works Department that the existing sewer trunk lines and the existing sewer lift station on White Lane are adequate to accommodate project flows. If the development of the individual tracts result in the exceedance of the capacities of the Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1\TempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~~K~-9 C) ~ :> -- IfI6 ~ t..:> D 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. S.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. S.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-l \jengILOCALS-1 \TempIXPgrpwise102160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~r..K~1> C) ~ .).. - t97 5 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 of the water from these wells is used for irrigation of the crops on the site. . The current Metropolitan Bakersfield General Plan land use designation of majority of the project site is R-IA (Resource - Intensive Agriculture). Small portions of the northwest 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 fmal 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 ~ t>.K S'-9 ~ ~ Michael Brandman Associates >- 68 m !:: r- C:\DOCUME- J \jengILOCALS-1 ITemplXPgrpwisel02 1 60029 CEQA Findings- West Ming 08-14-07 .doc t..:> 0 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.lA.t. 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. 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 \jengILOCALS-IITempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~t>-K~-9 (") % >-69 -- ~ rn _ r- t..:> C1 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 ofthe 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 ofthe 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. 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 \jengILOCALS-1 ITempIXPgrpwisel02 I 60029 CEQA Findings-West Ming 08-14-07 . doc ~ ~p..K~-9 C) ~ >- - rn '80 [; 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.t. The applicant shall mitigate loss of 2, 182 acres of agricultural lands, on a one-to-one basis, by selecting one or more ofthe items described below. The applicant shall submit written verification of the applicant's compliance with this mitigation measure to the Planning Director's satisfaction at the time of recordation of final tract maps and parcel maps for urban development or support facilities as contemplated in the West Ming Specific Plan. Compliance with this condition may be phased as the project is developed. The amount of agricultural land to be mitigated shall be equal to the amount of land being developed as each phase is developed. Funding and/or purchase of agricultural conservation easements. Such easements shall be accepted or purchased and monitored and enforced by a land trust or another appropriate entity. Funds may be used for easement purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. Contribution of agricultural land or equivalent funding to an organization that provides for the preservation of farmland in California. Funds may be used for purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. Purchase of credits from an established agricultural farmland mitigation bank approved by applicable governmental authority. During the life of the project, if the City of Bakersfield or other responsible agency adopts an agricultural land mitigation program that provides equal or more effective mitigation than measures listed above, the applicant may choose to participate in that alternate program to mitigate loss of agricultural land impacts. Prior to participation in the alternate program, the applicant shall obtain written approval from the City of Bakersfield agreeing to the participation, and the applicant shall submit written Michael Brandman Associates C:\DOCUME-l \jengILOCALS-I\TempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07 .doc ~ fQr..K~-9 C) ~ ~71 m _ r- (.) t:J ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts verification of compliance with the alternate program at the same time described above in the first paragraph. Agricultural land used for mitigation shall be of at least equal agricultural classification as the land being converted or be capable of being developed as such; that is, mitigation land shall be classified or developed as Prime Farmland, Farmland of Statewide Importance, etc., (as established by the California Department of Conservation in the Farmland Mapping and Monitoring Program), the mitigation acreage being at least equivalent in classification to the converted land, or being capable of producing the same or equivalent crops as the land being converted. Completion of the selected mitigation measure, or with the Planning Director's approval, a combination 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\jengILOCALS-1\TempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~AKc1 C) ~ .:.... - I- rn 72 (3 c; 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 1m pact 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 Farmland to non-agricultural land use Finding Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant cumulative environmental effect as identified in the final EIR. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding The project-level significant effect has been reduced to the maximum extent feasible by virtue of the following mitigation measure as identified in the final EIR and incorporated into the Project and will substantially lessen the significant cumulative effect of the project on agricultural resources; however, the level of impact due to the conversion of agricultural land would still be considered significant and unavoidable. S.lA.t. 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. Michael Brandman Associates C:\DOCUME-l\jengILOCALS-1ITempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~r..K~-9 ~ ~ ~ m - r- t..:> 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 offarmland. 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-l \jengILOCALS-l ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~r..K~-9 () ~ U - ~ rn _ r- o c::, 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 offsite that would expose land uses to noise levels that exceed the established City of Bakersfield noise thresholds. Future noise impacts to the surrounding area were derived through the use ofthe TNM Model. These future noise levels were calculated for the years 2015 and 2030. For the year 2015, the proposed project's contribution to the cumulative noise increase along five roadway segments of Buena Vista Road between Ming Avenue and Panama Lane would be considered cumulatively considerable. For the year 2030, the proposed project's contribution to the cumulative noise increase along two segments of Allen Road between Westside Parkway Eastbound Ramps and Ming Avenue and six segments along Buena Vista Road between Stockdale Highway and Panama Lane would be considered cumulatively considerable. Finding Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding As described above, the proposed project would contribute to the cumulative noise increase along five roadway segments of Buena Vista Road in the year 2015 and in the year 2030 would contribute to the Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~ -:or..K~-9 5 ~ )... - I- rn - r- o c::, 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 of the Statement of Overriding Considerations provided herein as Attachment A and hereby made and adopted by the City Council. 4.3 - TRANSPORTATION 4.3.1 - Significant and Unavoidable Impact Impact 5.11.A: The proposed project will increase traffic substantially in relation to the existing traffic load and capacity of the street system including intersections and roadways. This increase will individually exceed the City's level of service standard for intersections and roadways. Implementation of the proposed project will substantially increase traffic in the project vicinity. The average daily traffic (ADT) volumes generated from the proposed land uses were estimated using the Institute of Transportation Engineers Trip Generation Manual, 7th edition (2003). The project generated traffic was assigned to the existing and future roadway network based on KernCOG's regional traffic model. The traffic analysis was conducted for the years 2015 and 2030. Year 2015 and Year 2030 traffic volumes were 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-IITempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~r..K~-9 C) % :::.... - L- rn 7() :; 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 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 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 Westside Parkway (PM Peak) . Allen Road and EB Wests ide Parkway (PM Peak) . Ming Avenue and Project Entrance No. 1 (PM Peak) . Ming A venue and South Allen Park (AM and PM Peak) . Ming A venue 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-1 \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc J; ~~K~~ 7 ~ ~ - I- m - r- t..:> c::, 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 - Ming Avenue to Chamber Boulevard . South Allen Road - Chamber Boulevard to White Lane . South Allen Road - White Lane to Campus Park Drive . South Allen Road - Campus Park Drive to Pacheco . South Allen Road - Harris Road to Panama Lane . Buena Vista Road - White Lane to Campus Park Drive . Buena Vista Road - Campus Park Drive to South Project Entrance . Buena Vista Road - South Project Entrance to Panama Lane Similar to the Year 2015 scenario, Year 2030 assumes that the improvements required for the Year 2030 without project are implemented prior to the addition of project related traffic. With the addition of project-related traffic, a total of 26 intersections will exceed the established thresholds during either the AM, PM, or both AM and PM peak hours even with the improvements that are required for the Year 2015 without project. Impacts at the intersections identified below are considered significant and are attributed to the proposed project. . Allen Road and EB Westside Parkway (AM Peak) . Calloway Drive and WB Westside Parkway (PM Peak) . Calloway Drive and EB Westside Parkway (PM Peak) . Stockdale Highway and Buena Vista Road (AM and PM Peak) . Stockdale Highway and Old River (PM Peak) . Ming 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 Avenue 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-l \jengILOCALS-1 \ TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc , ~~K~-9 C)( 78 ~ >- - I- rn _ r- <.) c::, 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 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) 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 Avenue - 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 Wests ide 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 . Calloway Drive - Wests ide Parkway EB Ramps to Stockdale Highway ~ ~r..K~-? C) ~ a ~ <..) (;, 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 Signlflcant and Unavoidable Adverse Impacts . Coffee Road - Rosedale Highway to Brimhall Road . Gosford Road - Harris Road to Panama Lane Findings Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Findings The project-level significant effect has been reduced to the maximum extent feasible by virtue of the following mitigation measure as identified in the final EIR and incorporated into the Project and will be substantially lessened; however, the project's traffic impact would still be considered significant and unavoidable. S.l1.A.t. 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 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-l \jengILOCALS-1ITempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc 80 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 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 as to which methodology adequately mitigates the cumulative traffic impacts associated with the project to a level of less than significant. Year 2015 Intersection . Allen Road and Westside Parkway Westbound Ramps - Construct one southbound through lane. . Allen Road and 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 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 Windermere 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 \jengILOCALS-I I TemplXPgrpwisel02160029 CEQA Findings- West Ming 08-14-07 .doc ~ ~r..K~-9 C) ~ ~ - ,=,1 ~ t..:> c::, 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 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 . 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. Michael Brandman Associates C:\DOCUME-I \jengILOCALS-I \ TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~~r..K~-9 C) ~ .>.. - I- P:! <::) 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 A venue 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. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-l \ TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc If ~r..K~-9 ~ I- m _ r- (.) c::, 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 - 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 A venue - Old River Road to Ashe Road - Add two lanes. . Ming Avenue - New Stine Road to Old Stine Road - Add two lanes. . White Lane - West Beltway to Allen Road - Add two lanes. . Allen Road - Rosedale Highway to Brimhall Road - Provide for divided roadway. . Allen Road - Brimhall Road to Westside Parkway Westbound Ramps - Add two lanes. . Allen Road - Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps - Add two lanes. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~r..K~-9 8-t> ~ ..... rn _ r- t..:> C;) OFlIQINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts . Allen Road - Westside Parkway Eastbound Ramps to Stockdale Highway - Add two lanes. . Allen Road - Stockdale Highway to Ming Avenue - Provide for divided roadway. . South Allen Road - Ming 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 of the Recirculated Draft EIR), the implementation of the mitigation measures shown above will improve the levels of service at all of the intersections and roadway segments identified above to a level of less than significant, except for the following three roadway segments. . Ming A venue - Ashe Road to New Stine Road (LOS D). This roadway segment operates at a LOS C in the year 2030 without the project and with the improvements recommended for this roadway segment shown above. After adding the project to the 2030 traffic levels, the level of service will degrade to LOS D and no additional improvements beyond those identified above can be implemented because any additional improvements would be beyond the current City standards for an arterial. ~ ~r..K~-? C> ~ :::... .- 8~ 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 Significant and Unavoidable Adverse Impacts . White Lane - Wible Road to SB SR 99 Ramps (LOS D). This roadway segment operates at a LOS C in the year 2030 without the project and with the improvements recommended for this roadway segment shown above. After adding the project to the 2030 traffic levels, the level of service will degrade to LOS D and no additional improvements beyond those identified above can be implemented because any additional improvements would be beyond the current City standards for an arterial. . Calloway Drive - Wests ide Parkway EB Ramps to Stockdale Highway. This roadway segment will operate at a LOS D in the year 2030 without the project and with the improvements recommended for this roadway segment shown above. After adding the project to the 2030 traffic levels, the level of service will degrade to LOS E and no additional improvements beyond those identified above can be implemented because any additional improvements would be beyond the current City standards for an arterial. Alternatives to the proposed project were evaluated; however as discussed in Section 5, Feasibility of Project Alternatives, ofthis 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 determined using data from the regional cumulative projects traffic model prepared by KernCOG. The KernCOG model uses traffic software, which bases traffic projections on Traffic Analysis Zone (T.A.Z.) Socio-Economic data projected for future year scenarios. A traffic model run was requested from KernCOG for the Year 2030 with projected background traffic, traffic attributable to the proposed project, along with traffic from all other future proposed projects that add traffic to the surrounding roadway network. Future traffic volumes are Michael Brandman Associates C:\DOCUME-l \jengILOCALS-I\TempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~r..K~-9 C) ~ st: m - r- t..:> c::, ORIGINAL City of Bakersfield - West Mlng 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 performing impact analysis on the existing and proposed street network. The data from this cumulative projects model run was used to derive the traffic volumes for analysis of the "Future Year 2015 Projected Volumes with Project" and the "Future Year 2030 Projected Volumes with Project" scenario. An additional model run was requested from KernCOG that removed socio-economic data related to the proposed project which was used to derive the projections for the "Future Year 2015 Projected Volumes 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 ofthe 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 Westside Parkway (PM Peak) . Ming Avenue and Project Entrance No. 1 (PM Peak) . Ming A venue and South Allen Park (AM and PM Peak) . Ming Avenue and Ashe Road (PM Peak) . South Allen Road and Chamber Boulevard (AM and PM Peak) . South Allen Road and Project Entrance No.2 (AM and PM Peak) . White Lane and Campus Park Drive(AM and PM Peak) . White Lane and South Allen Road (AM and PM Peak) . White Lane and Windermere Street (AM and PM Peak) . White Lane and Buena Vista Road (AM Peak) . South Allen Road and Campus Park Drive (AM and PM Peak) . Buena Vista Road and Campus Park Drive (AM and PM Peak) . Panama Lane and NB West Beltway (PM Peak) . Panama Lane and South Allen Road (AM and PM Peak) . Panama Lane and Buena Vista Road (PM Peak) . Panama Lane and Mountain Vista Drive (AM Peak) . Panama Lane and Ashe Road (PM Peak) . Rosedale Hwy & Allen Road (PM Peak) ~ <o"'I{~1>>. C) ~ .>.. - I- m ." l; ORIGINAL Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 I TemplXPgrpwisel02160029 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 · 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 Wests ide Parkway Westbound Ramps (AM and PM Peak) · Calloway Drive and Wests ide Parkway Eastbound Ramps (AM and PM Peak) · Coffee Road and Wests ide Parkway Westbound Ramps (AM and PM Peak) . Coffee Road and Wests ide Parkway Eastbound Ramps (AM and PM Peak) . Ming Avenue and Gosford Road (PM Peak) . Ming A venue 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 Road/Pensinger (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 ofthe 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 Michael Brandman Associates C:IDOCUME-I\jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~AI(~\ ~ - ~ ~ ORIGINAL 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 Westside 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 A venue - Ming Project Entrance to South Allen Road . Ming Avenue - South Allen Road to Buena Vista Road . Ming Avenue - Ashe Road to New Stine Road . White Lane - West Beltway to South Allen Road . White Lane - South Allen Road to White Lane Project Entrance . White Lane - White Lane Entrance to Buena Vista Road . White Lane - Wible Road to SB 99 Ramps . Panama Lane - Gosford Road to Ashe Road . Panama Lane - Stine Road to Wible Road . Allen Road - Rosedale Highway to Brimhall Road . Allen Road - Brimhall Road to WB Wests ide 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 A venue 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-l \jengILOCALS-IITempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~"'KS"-9 C) ~ st m - r- (.) c::, 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 ofthe 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 Westside Parkway (PM Peak) . Stockdale Highway and Buena Vista Road (AM and PM Peak) . Stockdale Highway and Old River (PM Peak) . Min'g Avenue and Project Entrance No.1 (AM and PM Peak) . Ming Avenue and South Allen Road (AM and PM Peak) . Ming Avenue and Buena Vista Road (AM and PM Peak) . Ming Avenue 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 Windermere 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 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 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) Michael Brandman Associates C:\DOCUME-I \jengILOCALS-1 I TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~r..K~-9 e ~ .... rn _ r- (.) c::, ORIGINAL 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 Peak) · Rosedale Hwy & Allen Road (AM and PM Peak) · Brimhall Road and Allen Road (AM and PM Peak) . Brimhall Road and Jewetta Avenue (AM Peak) . Brimhall Road and Coffee Road (PM Peak) · Allen Road and Wests ide Parkway Westbound Ramps (AM and PM Peak) . Truxtun Avenue and Coffee Road (AM and PM Peak) . Stockdale Highway and Allen Road (PM Peak) . Stockdale Highway and Gosford Road (AM and PM Peak) . Stockdale Highway and New Stine Road (AM and PM Peak) . Ming A venue and Buena Vista Road (AM and PM Peak) . Ming Avenue and Ashe Road (PM Peak) . Ming Avenue and Old Stine Road (PM Peak) . White Lane and Buena Vista (PM Peak) . White Lane and Old River (AM and PM Peak) . White Lane and Ashe Road (AM and PM Peak) . · White Lane and Wilson Road (PM Peak) . White Lane and Stine Road (PM Peak) . White Lane and Wible Road (AM and PM Peak) . South Allen Road and Harris 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-] \jengILOCALS-1 I TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~r..K~-9 C) ~ ) - i1 ~ (.) c::, 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 ofthe 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 Avenue - Ming Avenue 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 Wests ide Parkway Ramps . Allen Road - WB Westside Parkway Ramps to EB Wests ide Parkway Ramps . Allen Road - EB Westside Parkway Ramps to Stockdale Highway . Allen Road - Stockdale Highway to Ming Avenue . South Allen Road - Ming Avenue to Chamber Boulevard . South Allen Road - Chamber Boulevard to White Lane . South Allen Road - White Lane to Campus Park Drive . South Allen Road - Campus Park Drive to Pacheco . Buena Vista Road - Ming Avenue to Chamber Boulevard . Buena Vista Road - Chamber Boulevard to White Lane . Buena Vista Road - White Lane to Campus Park Drive . Buena Vista Road - Campus Park Drive to South Project Entrance . Buena Vista Road - South Project Entrance to Panama Lane . Coffee Road - Rosedale Highway to Brimhall Road . Gosford Road - Harris Road to Panama Lane . Gosford Road - McCutchen Road to Taft Highway . Buena Vista Road - Stockdale Highway to Ming Avenue . Buena Vista Road - Panama Lane to McCutchen Road . Calloway Drive - Hageman Road to Rosedale Highway . Calloway Drive - Rosedale Highway to Brimhall Road . Calloway Drive - Brimhall Road to WB Westside Parkway . Calloway Drive - WB Westside Parkway to EB Wests ide Parkway . Calloway Drive - EB Wests ide Parkway to Stockdale Highway . Old River Road - South of Taft Highway ~ ~r..K~~ <:> ~ ~ ~ ~RIGINAI.. 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 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. 6.3.1t.A.l Prior to the issuance of building permits, the project applicant shall participate in the Regional Transportation Impact Fee (RTIF) program as well as paying the proportional share for local mitigation improvements (those not covered by the RTIF). The intersection and roadway improvements that are required with cumulative development in the years 2015 and 2030 are as follows: (Regional Transportation Impact Fee - Regional Mitigation) Prior to the issuance of building permits, the project applicant shall a) participate in the current, full RTIF Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~r..K~-9 93~ <; t: ~ l-' c::, ORIGINAL City of Bakersfield - West Ming 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 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 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 Wests ide Parkway Eastbound Ramps - Install signal. . Calloway Drive and Wests ide Parkway Westbound Ramps - Install signal. ~ ~r..l(t~ ~ .~ -...> ~ 94 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 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 Wests ide Parkway Eastbound Ramps - Install signal. . Ming Avenue and South Allen Road - Provide all-way-stop. . Ming Avenue 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 Avenue and Ashe Road - Construct one eastbound right turn lane and one northbound right turn lane. . Ming Avenue and New Stine Road - Construct one southbound right turn lane. . Buena Vista Road and Chamber Blvd. - Install signal. . White Lane and South Allen Road - Install signal. . White Lane and Buena Vista Road - Construct one southbound left turn lane and one southbound through lane. . White Lane and Ashe Road - Construct one eastbound left turn lane and one westbound left turn lane. . White Lane and Wilson Road - Construct one southbound right turn lane. . White Lane and Wible Road - Construct one westbound through lane. . Buena Vista Road and Campus Park Drive - Install signal. . South Allen Road and Harris/Pensinger Road - Install signal. . Panama Lane and West Beltway Southbound Ramps - Install signal and construct one westbound left turn lane, two southbound right turn lanes, and one eastbound through lane. . Panama Lane and West Beltway Northbound Ramps - Install signal and construct two eastbound left turn lanes, one westbound right turn lane, one northbound right turn lane, and one westbound through lane. . Panama Lane and South Allen Road - Install signal and construct two eastbound left turn lanes, one westbound left turn lane, one northbound left turn lane, two southbound left turn lanes, one westbound through lane, and one eastbound through lane. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~r..K~-9 (') ~ ~5 m _ r- <.) 0 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 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 -Wests ide Parkway Westbound Ramps to Westside Parkway Eastbound Ramps - Add two lanes . Calloway Drive - Wests ide 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-1ITempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~p.,K~-9 9~ 'S I- rn - ,- o c::, ORIGINAL City of Bakersf1eld. West Mlng Specific Plan CEQA Findings and Findings of Fact Signif1cant 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 - Wests ide Parkway Westbound Ramps to Wests ide Parkway Eastbound Ramps - Add two lanes. . Allen Road - W estside Parkway Eastbound Ramps to Stockdale Highway - Add two lanes. . South Allen Road - Ming Avenue to Chamber Boulevard - Construct two lane roadway . South Allen Road - Chamber Boulevard to White Lane - Construct two lane roadway Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~ 'QP.K~-9 C) ~ ;:.... - 9t=. ~ c..:> c::, 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 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. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 \ TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ fQ"'K~1> <) 0' :>-98 ~ t- rn - r- o c::, 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 Wests ide 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 Wests ide 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. . 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 A venue and New Stine Road - Construct one eastbound right turn lane and one westbound right turn lane. . Ming Avenue and Old Stine Road - Construct one eastbound left turn lane. . White Lane and South Allen Road - Construct one northbound through lane. . White Lane and Buena Vista - Construct one westbound right turn lane. . White Lane and Old River - Construct one northbound through lane and provide overlapping phase for westbound right turn lane. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 I TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ 'O(l..K~-9 c ~ , - 911.;:: P:! o D 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-l \jengILOCALS-1 \ TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ <o"'K~~ C) ~ 100 - I- rn - r- <.) D 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 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 Wests ide Parkway Westbound Ramps - Add two lanes. . Calloway Drive - Wests ide Parkway Westbound Ramps to Wests ide Parkway Eastbound Ramps - Add two lanes. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-IITempIXPgrpwise\02160029 CEQA Findings-West Ming 08-14-07.doc riJ ~r..K~-9 ., ~ t- m - r- o c::, 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 A venue - 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 - Wests ide Parkway Eastbound Ramps to Stockdale Highway - Construct as divided roadway. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc ~ ~r..K~1> <:) ~ 1* m .-... r- (.) c::, 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 of the mitigation measures shown above will improve the levels of service at all of the intersections and roadway segments identified above for the years 2015 and 2030 to a level of less than significant, except for the following five roadway segments for the year 2030. . Ming Avenue - Ashe Road to New Stine Road (LOS C to LOS D). This roadway segment currently operates at a LOS C. After adding the project to the 2030 traffic levels and with the improvements shown above, the level of service will degrade to LOS 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 Wests ide Parkway has not been constructed, this roadway segment in the area of the future Westside Parkway EB Ramps to Stockdale Highway currently operates at a LOS A. After adding the project to the 2030 traffic levels and with the improvements shown above, the level of service will degrade to LOS E and no additional improvements beyond those identified above can be implemented because any additional improvements would be beyond the current City standards for an arterial. Michael Brandman Associates C:\DOCUME-l\jengILOCALS-IITempIXPgrpwiseI02160029 CEQA Findings-West Ming 08-14-07.doc ~ <o~K~-9 C) ~ ~ - 10t: ~ (.) c::, ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts · Coffee Road - Brimhall Road to Wests ide Parkway Westbound Ramps (LOS B to LOS D). This roadway segment currently operates at a LOS B. After adding the project to the 2030 traffic levels and with the improvements shown above, the level of service will degrade to LOS 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-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 . doc ~ ~r..K~-9 C) ~ ;:.... 104 - I- rn _ r- o c::, ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Feasibility of Project Alternatives SECTION 5: FEASIBILITY OF PROJECT ALTERNATIVES CEQA requires that an EIR include an analysis of a reasonable range of feasible alternatives to a proposed project capable of avoiding or substantially lessening any significant adverse environmental impact associated with the project. The discussion of alternatives is required to include the "No Project" alternative. CEQA requires further that the City identify an environmentally superior alternative. If the "No Project" alternative is the environmentally superior alternative, an environmentally superior alternative must be identified from among the other alternatives. (CEQA Guidelines, Section 15126.6.) As set forth in these Findings, the Project, with the Mitigation Measures incorporated, will have remaining significant adverse environmental impacts. The City has, in addition to incorporating the recommended measures to mitigate the identified impacts, reviewed a range of potential alternatives to the proposed project. The West Ming EIR discussed the No Project/No 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 ofthe planning effort. These objectives include: 1. Provide a master planned community with residential, commercial, and industrial development of sufficient scale to permit master planning of infrastructure, parks, open space, and public services to achieve the greatest possible efficiencies and synergies. 2. Establish a new mixed-use center as defined in the Metropolitan Bakersfield General Plan 3. Provide a development in southwest Bakersfield that is a focal point of activity and includes a mix of land uses as identified in the Metropolitan Bakersfield General Plan. 4. Provide a full mix ofland uses to support the project's population. 5. Provide employment opportunities to assist in meet the Kern COG employment growth projections for the City. 6. Provide residential uses to meet the housing demand specified in the Metropolitan Bakersfield General Plan Land Use Element. 7. Provide development similar to and consistent with existing or approved development in southwest Bakersfield to maintain and enhance property values and enhance compatibility of neighborhood character. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07.doc .,Jj ~r..K~-9 % .>.. rt'\ !:: F t..:> ~ ORIGINAL City of Bakersfield - West Mlng Specific Plan CEQA Findings and Findings of Fact Feasibility of Project Alternatives 8. Provide a range of housing types on the project site. 9. Provide a master plan development so that land uses are phased in a programmed manner coordinated with the provision of infrastructure and public improvements necessary to accommodate such growth. 10. Locate development to meet anticipated growth in areas of relatively lesser environmental sensitivity, accommodating growth while balancing environmental considerations. 11. Provide parks which satisfy park dedication requirements and meet recreational needs of local residents including both active and passive recreational facilities. 12. Locate a master planned community adjacent to a major highway arterials to better promote efficient traffic flows and minimize traffic demands on local and collective streets. 13. Cluster as much housing as possible near major traffic arterials to minimize congestion, air quality, noise, and safety impact on collector and neighborhood streets. 14. Promote growth in areas as directed by the Metropolitan Bakersfield General Plan. 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-l \jengILOCALS-l I TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 . doc ~t>.KE"1> ~ ~ 101- --- f- p:! "0 c::, 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 ofthe 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, 1 82-acre project site, which would leave approximately 1,734 acres (80 percent) south of the Kern River Canal to be developed. This Alternative includes the construction of a maximum 6,650 dwelling units on the site, approximately 800 fewer dwelling units than the proposed project. This Alternative would result in a density of3.83 units per gross acre. This Alternative assumes that the 6,650 units would be constructed on approximately 1,734 acres south ofthe 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 Farmland is of economic value to the region and provides many benefits to the community, thus it is important to save this resource. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc , ~r..K~-9 16"1( ~ ;).;.. - t:: ~ t;) c::, 00lG,lNAl City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Feasibility of Project Alternatives Accordingly, the main purpose ofthis 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 ofthe 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 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. 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-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-1 4-07. doc ~ ~r..k~-9 o ~ )0... = 1~ S 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-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~~K~-9 C) ~ "'- m 1~ 0 ORIGINAL City of Bakersfield. West Mlng 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 information has not been added to the final EIR after public notice was given ofthe 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 information has shown that any of the following would occur: (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented; (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance; (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project, but the project's proponents decline to adopt it; (4) The Recirculated Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. Further, the Bakersfield City Council finds that new information added to the final EIR has merely clarified or amplified or made insignificant modifications in an adequate final EIR. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-l \ TemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~"Kc-9 4'10 ~ >- rn Eo; r- o c::, 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 of the final EIR and the documents and other material which constitute the record of the proceedings upon which the decision ofthe 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-l \jengILOCALS-1 ITemplXPgrpwisel02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~r..K~-9 () ~ 114 - I- rn _ r- o c::, ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Attachment A: Statement of Overriding Considerations Michael Brandman Associates C:\DOCUME-l \jeng\LOCALS-I \Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ <Iflt:..K~-9 C) ~ .:>... - I- rn - r- <.) c::, ORIGINAL City of Bakersfield. West Ming Specific Plan CEQA Findings and Findings of Fact Attachment A STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Bakersfield proposes to approve the West Ming Specific Plan although significant and unavoidable adverse traffic, increased noise levels, and agricultural resources impacts have been identified in the final E1R. Specifically, the significant and unavoidable project related impacts are associated with the conversion of Prime Farmland, change of zoning from agricultural zoned land to zoning that would preclude agricultural land uses and the cumulatively considerable, significant and unavoidable impacts associated with the project's contribution to a significant impact to agricultural resources, and project related and cumulative increases in traffic that will exceed the City's level of service standard for roadway segments, and cumulative noise levels that exceed the City's noise thresholds. Even though these adverse impacts are not reduced to a level considered less than significant, the Bakersfield City Council finds, after balancing these impacts with the benefits of the project, that those impacts are outweighed by the benefits ofthe project. Further, the alternatives which were identified in the final E1R 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: I. Provide a master planned community with residential, commercial, and industrial development of sufficient scale to permit master planning of infrastructure, parks, open space, and public services to achieve the greatest possible efficiencies and synergies. 2. Establish a new mixed-use center as defined in the Metropolitan Bakersfield General Plan 3. Provide a development in southwest Bakersfield that is a focal point of activity and includes a mix of land uses as identified in the Metropolitan Bakersfield General Plan. 4. Provide a full mix of land uses to support the project's population. 5. Provide employment opportunities to assist in meet the Kern COG employment growth projections for the City. 6. Provide residential uses to meet the housing demand specified in the Metropolitan Bakersfield General Plan Land Use Element. 7. Provide development similar to and consistent with existing or approved development in southwest Bakersfield to maintain and enhance property values and enhance compatibility of neighborhood character. 8. Provide a range of housing types on the project site. Michael Brandman Associates C:\DOCUME-l \jengILOCALS-1 \ Temp1XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~Ak~-9 C) ~ ~ - ~1 l!! <..) <:1 ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact Attachment A 9. Provide a master plan development so that land uses are phased in a programmed manner coordinated with the provision of infrastructure and public improvements necessary to accommodate such growth. 10. Locate development to meet anticipated growth in areas of relatively lesser environmental sensitivity, accommodating growth while balancing environmental considerations. 11. Provide parks which satisfy park dedication requirements and meet recreational needs of local residents including both active and passive recreational facilities. 12. Locate a master planned community adjacent to a major highway arterials to better promote efficient traffic flows and minimize traffic demands on local and collective streets. 13. Cluster as much housing as possible near major traffic arterials to minimize congestion, air quality, noise, and safety impact on collector and neighborhood streets. 14. Promote growth in areas as directed by the Metropolitan Bakersfield General Plan. Therefore, the Bakersfield City Council, having reviewed and considered the information contained in the final EIR and the public record makes and adopts this Statement of Overriding Considerations by which the Bakersfield City Council, after balancing the economic, legal, social, technological and other benefits 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 C:\DOCUME-l \jeng\LOCALS-1 \ Temp\XPgrpwise\02160029 CEQA Findings-West Ming 08-14-07 .doc ~ ~T>.K~~ C) ~ ;:.... .." !:: ~ A-2 0 eJ ORIGINAL City of Bakersfield - West Ming Specific Plan CEQA Findings and Findings of Fact EXHIBIT "D" Attachment A: Statement of Overriding Considerations Michael Srandman Associates H:\Client (PN-JN)\0216\02160029\Findings\02160029 CEQA Findings-West Ming 06-12-07 .doc ~ ~r..~~-9 <:) ~ .>.. - t- rn _ r- (,.) 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 finds, 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\02 1 60029\Findings\02 160029 CEQA Findings-West Ming 06-12-07.doc A-f ~ 'QAK~1> C) ~ .::>... - I- rn - r- <.) c::, 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 information contained in the final EIR and the public record makes and adopts this Statement of Overriding Considerations by which the Bakersfield City Council, after balancing the economic, legal, social, technological and other benefits 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:\Client (PN-JN)\0216\02160029\Findings\02160029 CEQA Findings-West Ming 06-12-07.doc A-2 ~ ~r..K~,\ .>.. - ~ ~ ORIGINAL EXHIBIT "E" West Ming Specific Plan Mitigation Monitoring and Reporting Plan ~ ~f;..K~-9 <y ~ .>.. 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(1)._ Q U Q. <;j c:: Q) Q)UUo;sell .ol.l:i o;s"O . ~.o e s ~ ~ ~~ ~"8 c: .! a.: ~ 'ij Ql ~ 01 c: i ... III ~ AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss, County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 30TH day of AUQust. 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4457 passed by the Bakersfield City Council at a meeting held on the 29TH day of AUQust. 2007 and entitled: ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN CASTLE AND COOKE CALIFORNIA, INC, AND BOLTHOUSE FARMS, LLC AND THE CITY OF BAKERSFIELDFOR THE WEST MING PROJECT. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield ~. By: _,I' K- DEPUTY City rk S:\DOCUMENT\FORMS\AOP.ORD.wpd ~ ~f>../(tJ$> C> ~ :>-. - I- rn _ r- o (;) ORIGINAL