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Home My WebLink AboutORD NO 4486 ORDINANCE NO. 4 48 6 AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY TO BE ANNEXED INTO THE CITY OF BAKERSFIELD GENERALLY LOCATED BY STATE ROUTE 119 (SR-119) (TAFT HIGHWAY) ON THE NORTH, CURNOW ROAD TO THE SOUTH, OLD RIVER ROAD TO THE EAST AND BUENA VISTA ROAD TO THE WEST FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 235 ACRES AND A TO R-2 (LIMITED MULTIPLE FAMILY DWELLINGS) ON 78 ACRES (ZONE CHANGE NO. 05-1420). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield , Planning Commission held a public hearing on a petition to change the land use zoning of that certain property to be annexed into the City of Bakersfield generally bounded by State Route 119 (SR-119) (Taft Highway) on the north, Curnow Road to the south, Old River Road to the east and Buena Vista Road to the west; and WHEREAS, by Resolution No. 180-07 on September 20,2007 and on October 4,2007, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1420 as delineated on attached Zoning Map 142-06 marked Exhibit "A" by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact regarding the environmental impacts of the proposal and zoning of the subject property from A (Agriculture) to R-1 (One Family Dwelling) on 235 acres and A to R-2 (Limited Multiple Family Dwellings) on 78 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and, therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 180-07, adopted on September 20, 2007 and October 4, 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 ~ ~f>,K~"9 o ~ .)... - ~ m - r- (.) C ORIGINAL site. An Environmental Impact Report was prepared for this project in accordance with CECA. 4. Attached Exhibit "D" containing the "Statement of Facts, Findings, and Mitigation Measures" with Exhibit "F", "Mitigation Monitoring and Reporting Program," is appropriate and incorporated into the project. 5. Attached "E" containing the "Statement of Overriding Considerations" related to significant unavoidable traffic (cumulative) and aesthetic (cumulative) impacts is appropriate and incorporated into the project. 6. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. 7. The public necessity, general welfare and good zoning practice justify the recommended zone change from A (Agriculture) to R-1 (One Family Dwelling) on 235 acres and A to R-2 (Limited Multiple Family Dwellings) on 78 acres generally bounded by State Route 119 (SR-119) (Taft Highway) on the north, Curnow Road to the south, Old River Road to the east and Buena Vista Road to the west as shown on Exhibit "A." 8. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 05-1420. 9. The laws and regulations relating to the preparation and adoption of EIR's as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings incorporated herein by reference are true and correct and constitute the Findings of the City Council in this matter. 2. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 3. The proposed project is consistent with surrounding uses. 4. The public necessity, general welfare and good planning practices justify the requested zone change. 5. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the zone of that certain property within the City of Bakersfield, the boundaries of 2 ~M~"9 J. ~ .)... - ~ m _ r- (.) C ORIGINAL which property is shown on Zone Map No. 142-06 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B," "Zone Change Legal Descriptions." 6. Such zone change is hereby made subject to the "Mitigation Monitoring and Reporting Program" adopted in the Final Environmental Impact Report as shown in Exhibit "F" and "Mitigation/Conditions of Approval" for the project as shown in Exhibit "C", subject to approval of GPA No. 05- 1420. 7. Attached Exhibit "D" containing the "Statement of Facts, Findings, and Mitigation Measures" are appropriate and incorporated into the project. 8. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related to significant unavoidable traffic (cumulative) and aesthetics (cumulative) impacts is appropriate and incorporated into the project. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------000--------- 3 ~ ~M~"9 o ~ .)... - ~ m _ r- (.) C 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 .14N 1 6 2008 by the following vote: CAR~N. ii~JIIAM. W,. COU~ HAN~. SULlJ~':N. SCR~ER 1Anv....o Ch~ ~ COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio C k of the Council of the City of Bakersfield APPROVED APPROVED as to form VIRGINIA GENNARO City Attorney By: f2d~ ~ EXHIBIT A Zoning Map 1 2-06 B Zone Change Legal Descriptions C Mitigation/Conditions of Approval D Statement of Facts, Findings, and Mitigation Measures E Statement of Overriding Considerations F Mitigation Monitoring and Reporting Program JS - S:\GPA 3rd 2007\05-1420 (Bakersfield-Taft EIR)\Resolutions\CC ZC Ord.doc 4 ~ ~f>,Kc"9 o % .)... - ~ m _ r- (.) C ORIGINAL Exhibit A Zone Map No. 142-06 ~ ~f>,Kc-9 o ~ .)... - f- m - r- (.) (:] ORIGINAL tOw O~ I ci C\J V 90... ~<(~ ll.. ,.., ~::E'"' w :It: C%c;> ll..Z oZ.co o >-Ce) I- w uNcn .. .. .. .... ~& I; ~ ~! ! i"'~(\. ~: ~ ~ ;f5~~ \,IN~(\. o ffi I~. .~. S diJ _' t..i + ~ ;- ~ e ~~ 2 ~r 9= ; S~ :19 w ~ ,.. ~i ~~ z ~ w 9 ~~ ~~ 2 e ~ s s . i! ~i ~ ~ \II ~ ~ ~ ~ ~o ~~ :: ::i ~ ... ~ ~ i w~~ w~ i ;: ... ~ = t ~ III \Il ~ ~ S!iw~~~~o~o~-;!I~~~ ~~e ~~ ~a ~~ 2 ;;;~;;23~~5~~3N~~ ~2~ ~S :;~...~ ~ ~:i~ ~ca~~i~!~s~I~~ "'c'~5 ~~ 2!!2~~ ~ ~cr!w~':l:::i ~.- ';WOG.iiwZ--'" wW_ ::.:z:.% -.. ii~~o~~~~w:~_o~offi~S~~~ ~~~~ OQu~8w~a ~~~~~~!~;~;St=%~~~=~~~ 2N~~ ~i~gf~~~~ ~~~9~~~io~i~o~~~8~;8ii~z~~~gS~~t!!~~~ %z~~z~iQ~~~~S=z~o~~o~~~g~~~:~~~:~~~ %: ~ ; ~ i 2 !: ~~ ~~ ~.'; ~ ~ ~ ~ ~ u ~ ... ! ;; 3 ~ ~ ~ i = i ~ ~ ~ ; g ~ ~~~i~;!~~~~i~..5;~~~uu~32~~2g~~~~~~~9~~~8 - __.0:_ _ _ _ 0. _, C) 0 II! <Ill: oS:.... <.) % 0( C ~.. ~ 0 "" :E' .. s~ r~0 u== ;;? ."."._N a:li:.rco: ., .. Ii: G: ~_O_NU~_N 2 ~ ~~ .-...,U...,....,.::o o..o.c.\....z ~cuouu~~~o~c~~u=o~c~~~~~ hi ~~ Ow ~~. 13.... ~;. Zr ,::Ie"' .8~ 00 m ::'-... "(0 ;Y$~ i;~~ a ~ZZ !g: :i~! !::~~ ..~S3 ~3~ ,.....;:. !t~e ~~ ~!~~ .. ~ ;s~! -"~lI.I ;!SJ '3 IE I~ I~ i~ lli It '=- I. I~ i; I~ .. o ~ ~~c; gS; ~;:!- . Jil "C-~ ::;5 :"_S~ iu~ ~~ ..!:'" ~!!~- ~~:i J~: " !..- '" :;!!~ !~o-l\~ ~~~~~ !~~= ~i:Si =::o~w ig~ I~~ I~"" l:~! !~u; [-c~':: !~;~ Id 0 i:~: ~'::"''''' Ii I~ .;j !~ !; I~. 1:1; II< ,~ o(~ ~a: z~ ::)- 00 oe ~ ~ ~ s f l a ~ PRE-ZONING 05-1420 S()-Z.' _ _ 1 ~ ~ 0\111 0"10 0("';' ~a: z~ ::)- 00 oe I ~~ i.;; Ii 13 Ii Ii I~ Ii ,$ 15 w . 0("';' ~a: z~ ::)- 00 oe I()-/,., do" HS ZONING MAP 142-06 l"':"~ I - II 11 l ~i ; I, .. I ~ t (It j I I I I ~-9 % - m r- (.) 0 ORIGINAL o! >- i Exhibit B Zone Change Legal Description ~ ~Mc-9 o ~ .)... - ~ m _ r- (.) C ORIGINAL e . Exhibit" A" Parcel "A" R-l All that portion of the north one half of Section 6, Township 31 South, Range 27 East, M.D.M., in the County of Kern, State of California, according to the official plat thereof, more particularly described as follows: \ .j Beginning at the northwest comer of said section; 1. Thence South 89.09'14" East 2897.33 feet along the north line of the northwest quarter of said section to the northeast comer of the northwest quarter of said section; 2. Thence South 00.50'46" West 251.99 feet to the beginning of a curve concave to the east having a radius of2000.00 feet; 3. Thence southerly 302.67 feet along said curve through a central angle of 8040' IS"; 4. Thence South 7.49'29" East 495.61 feet to the beginning of a curve concave to the west having a radius of 2000.00 feet; s. Thence southerly 563.30 feet along said curve through a central angle of 16008'15"; 6. Thence South 8018'46" West 623.05 feet to the beginning of a curve concave to the east having a radius of 1000.00 feet; 7. Thence southerly 129.65 feet along said curve through a central angle of7.25'43"; 8. Thence South 00053'03" West 307.88 feet to the southeast comer of the northwest quarter of said section; 9. Thence North 89.06'57" West 2898.06 feet along the south line of said northwest quarter to the southwest comer of said northwest quarter; 10. Thence North 00.33' 49" East 2657.90 feet along the west line of said northwest quarter to the point of beginning. . Containing 179.68 acres Parcel "B" R-l All that portion of the northeast quarter of Section 6, Township 31 South, Range 27 East, M.D.M., in the County of Kern, State of California, according to the official plat thereof, more particularly described as follows: ~ f(," /(co-9 o ~ >- - f- m _ r- <..) (:] ORIGINAL e . - ------_.--,------------- ------------.-- ---- Commencing at the northeast comer of said section; Thence South 00032'02" West 841.58 feet along the east line of said northeast quarter to the True Point of Beginning; 1. Thence continuing along said east line South 00"32'02" West 257.12 feet; 2. Thence North 89"27'58" West 180.00 feet; 3. Thence South 00032'02" West 242.00 feet; 4. Thence South 89"27'58" East 180.00 feet to a point on the east line of said northeast quarter; S. Thence South 00032'02" West 1320.88 feet along said east line to the southeast comer of said northeast quarter; 6. Thence North 89'06'57" West 1342.11 feet along the south line of said north one half; 7. Thence North 00"58'36" East 1809.63 feet; 8. Thence South 89"33'43" East 1328.10 feet to the True Point of Beginning. , Containing 54.62 acres Parcel "C" R-2 All that portion of the north one half of Section 6, Township 31 South, Range 27 East, M.D.M., in the County ofKem, State ofCalifomia, according to the official plat thereof, more particularly described as follows: Beginning at the northwest comer of the northeast quarter of said section; 1. Thence South 00"50'46" West251.99 feet to the beginning ofa curve concave to the east having a radius of2000.00 feet; 2. Thence southerly 302.67 feet along said curve through a central angle of 8040' IS"; 3. Thence South 7"49'29" East 495.61 feet to the beginning of a curve concave to the west having a radius of 2000.00 feet; 4. Thence southerly 563.30 feet along said curve through a central angle of 16008'15"; ~ ~t>.K~~ o .~ .)... - ~ m - r- (.) (:] ORIGINAL . . s. Thence South 8018'46" West 623.05 feet to the beginning of a curve concave to the east having a radius of 1000.00 feet; 6. Thence southerly 129.65 feet along said curve tlU-ough a central angle of 7025'43"; 7. Thence South 00053'03" West 307.88 feet to the southwest comer of the northeast quarter of said section; 8. Thence South 89006'57" East 1297.84 feet along the south line of said north one half; 9. Thence North 00"58'36" East 2660.66 feet to a point on the north line of said north one half; 10. Thence North 89009'14" West 1317.73 feet to the point of beginning. Containing 77.05 acres ~ ~Mc-9 o ~ ~ - f- rn _ r- (.) (:] ORIGINAL Exhibit C Mitigation/Conditions of Approval ~~Kc-9 J. % ~ -- f- m _ r- (.) (:] ORIGINAL EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-1420 MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT: Aesthetics 1. With submittal of tentative tract map application, the developer shall identify the temporary construction equipment staging areas within the project site through the duration of construction. Appropriate screening (e.g., temporary opaque fencing [6 feet in height]) shall be used to buffer views of equipment and material. Staging locations shall be located as far as practicable from existing residential development and are subject to review and approval of the City Planning Department. Mitigation for potentially significant aesthetics (light and glare) impacts. 2. Prior to development, the Project Contractor shall ensure that all mechanical and electrical equipment to be installed on the structure or on the ground is adequately screened from public view. The screening shall be considered as an element of the overall design and shall blend with the architectural design of the building and or landscaping, as appropriate. Construction plans for the buildings shall indicate any fixtures or equipment to be located on the roof of the respective structure, equipment types, and design of the screening material. The method of screening shall be reviewed and approved by the City Planning Department. Mitigation for potentially significant aesthetics (light and glare) impacts. 3. Prior to development, the Project Applicant shall ensure that the Project's exterior lighting does not spill over onto adjacent uses, all exterior light fixtures, including street lighting, shall be shielded or directed away from adjoining uses, pursuant to all applicable lighting standards and requirements of the City of Bakersfield Municipal Code and Zoning Code. Mitigation for potentially significant aesthetics (light and glare) impacts. AQricultural Resources 4. The following was a design feature of the project which addresses agricultural impacts. The basis for the following measure is found on page 5.2-13 of the Final EIR. Staff is bringing the following mitigation measure forward at the insistence of the applicant to insure the measure is not overlooked. The applicant shall mitigate loss of 227 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 Bakersfield-Taft Project. 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 ~ ~McJ$l o % :>- - !::: p:! (.) (:] ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval 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 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. 5. Prior to approval of the Final Cancellation of the Williamson Act contracts, the City Council must review and certify the Final Environmental Impact Report. In addition, the following conditions and contingencies shall be satisfied upon approval of the Final Cancellation. All applicable conditions of cancellation of contracts must be satisfied within one year of the date of recording of the Certificate of Final Cancellation. Conditions and contingencies include: . Upon approval, a Certificate of Cancellation must be recorded with the County Recorder; Page 2 of 16 ~1l<Kc"9 J. ~ ;.... -- f- m o b ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval . Upon approval, payment of 12.5 percent of the assessed value for those parcels where a cancellation has occurred. If the fee is not paid within one year from the date of the recording of the Final Cancellation, the fee shall be recomputed; and . Obtain all approvals necessary. Mitigation for potentially significant agricultural impacts. 6. Prior to, or simultaneous with seeking approval of the tentative cancellation, the Applicant shall process an exclusion from Agricultural Preserve 10 (Kern County Agricultural Preserve Map 142). Mitigation for potentially significant agricultura/ impacts. 7. Prior to issuance of occupancy permits, the Applicant shall inform future residents about adjacent agricultural use through a recorded covenant filed on the project site (disclosed to residents through the purchase process), or through disclosure forms that shall be signed by new residents. The disclosure forms shall indicate that the resident acknowledges that the surrounding land uses consist of agriculture and that agriculture use includes activities such as pesticide use, dust generation from plowing, and slow-moving agricultural vehicles. Each future project proposed within the City is subject to environmental review under the California Environmental Quality Act (CECA) and must show compliance with the goals and policies of the General Plan. No additional measures are available to address the cumulative loss of farmland. Mitigation for potentially significant agricultural impacts. 8. Future subdivision maps filed within the project shall comply with the development standards outlined in Chapter 17 (Zoning) and 16 (Subdivisions) of the City of Bakersfield Municipal Code. Mitigation for potentially significant agricultural impacts. Air Qualitv 9. Prior to issuance of grading permits, the developer of each future tract map shall prepare and submit a dust control plan. The plan shall be prepared consistent with District Regulation VIII and must be reviewed and approved by the SJVAPCD prior to the commencement of grading activities. The dust control measures selected shall be incorporated as a note on each grading plan. Measures to be used may include, but are not limited to, the following: . A 6-foot-high dust fence shall surround the construction site during primary grading activities. Mitigation for potentially significant air quality impacts. . All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. Mitigation for potentially significant air quality impacts. Page 3 of 16 ~ ~"'/(c-9 C> ~ >- -- ~ m - r- (.) (:] ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval . All on-site paved roads with off-site unpaved access roads shall be effective stabilized of dust emissions using water or chemical stabilizer/suppressant. Mitigation for potentially significant air quality impacts. . All land clearing, grubbing, scraping, excavation, land leveling, grading, cut-and-fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. Mitigation for potentially significant air quality impacts. . When material are transported off site, all material shall be covered or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained. Mitigation for potentially significant air quality impacts. . All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushed is expressly prohibited, except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden). Mitigation for potentially significant air quality impacts. . Following the addition of materials to, or the removal materials from, the surface of outdoor storage pile, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. Mitigation for potentially significant air quality impacts. . Within urban areas, track out shall be immediately removed whenever it extends 50 or more feet from the site and at the end of workday. Mitigation for potentially significant air quality impacts. . Any site with 150 or more vehicle trips per day shall prevent carryout and track out. Mitigation for potentially significant air quality impacts. . Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict the use of cutback, slow-cure, and emulsifies asphalt paving materials. Mitigation for potentially significant air quality impacts. . Cease grading activities during periods of high winds (greater than 20 miles per hour (mph) over a one-hour period). Mitigation for potentially significant air quality impacts. . Limit the speed of construction-related vehicles to 15 mph on all unpaved areas at the construction site. Mitigation for potentially significant air quality impacts. Page 4 of 16 ~t>.Kc-9 ~ % ~." m ::: r- r;; (:] f)RIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval Implement, carryout, and track out mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. 10. Prior to issuance of a building permit, the applicant for each future tract map shall enter into an Air Quality Mitigation Agreement with the SJVAPCD that will provide emission reductions sufficient to fully mitigate the ROG and NOX emissions associated with the development to O. A copy of the signed agreement shall be submitted to the Public Works Department for review and approval. Mitigation for potentially significant air quality impacts. Bioloaical Resources 11. Special-Status and Common Birds, including Tri-colored and Yellow-headed blackbirds: The applicant shall have pre-disturbance surveys conducted by a qualified biologist (e.g., experienced with the nesting behavior of bird species of the region) within 30 days of ground disturbance activities associated with construction or grading that would occur during the nesting/breeding season of native bird species potentially nesting on the site (typically February through September in the project region). The intent of the surveys would be to determine if active nests of bird species protected by the MBT A and/or the California Fish and Game Code are present in the construction zone or within 300 feet (500 feet for raptors) of the construction zone. The surveys shall be timed such that the last survey is concluded no more than one week prior to initiation of clearance/construction work. If ground disturbance activities are delayed, then additional pre-disturbance surveys will be conducted such that no more than one week will have elapsed between the last survey and the commencement of ground disturbance activities. If active nests are found, clearing and construction within 300 feet of the nest (500 feet for raptors), or at a distance deemed sufficient by the qualified biologist, shall be postponed or halted until the nest is vacated, juveniles have fledged, and there is no evidence of a subsequent attempt at nesting. Limits of construction to avoid an active nest shall be established in the field with flagging, fencing, or other appropriate barrier and construction personnel shall be instructed on the sensitivity of nest areas. The biologist shall serve as a construction monitor during those periods when construction activities will occur near active nest areas to ensure that no inadvertent impacts on these nests occur. The results of the survey, and any avoidance measures taken, shall be submitted to the City of Bakersfield and CDFG within 30 days of completion of the pre-disturbance surveys and/or construction monitoring to document compliance with applicable state and federal laws pertaining to the protection of native birds. Mitigation for potentially significant bi%gical impacts. 12. Burrowing Owls: The applicant shall retain a qualified biologist to conduct pre-disturbance burrowing owl surveys on the project site prior to construction or site preparation activities. The survey shall be conducted no more than 30 days prior to commencement of construction activities. Occupied burrows should not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist verifies through non-invasive methods that either (1) the birds have not begun egglaying and incubation; or (2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival. If burrowing owls Page 5 of 16 ~ ~Ak~-9 o % ;:.... - ~ m - r- (.) C ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval are observed using burrows during the surveys, owls shall be excluded from all active burrows through the use of exclusion devices placed in occupied burrows in accordance with CDFG protocols (CDFG 1995). In such case, exclusion devices shall not be placed until the young have fledged, as determined by a qualified biologist and found to be no longer dependent upon the burrow. Specifically, exclusion devices, utilizing one-way doors, shall be installed in the entrance of all active burrows. The devices shall be left in the burrows for at least 48 hours to ensure that all owls have been excluded from the burrows. Each of the burrows shall then be excavated by hand and backfilled to prevent reoccupation. Exclusion shall continue until the owls have been successfully excluded from the site, as determined by a qualified biologist. Mitigation for potentially significant biological impacts. 13. San Joaquin Kit Fox: The applicant shall have conducted, by a qualified biologist, pre- disturbance surveys for the kit fox. These pre-disturbance surveys shall be conducted no less than 14 days and no more than 30 days prior to any construction-related activities. The primary objective is to identify kit fox habitat features (potential dens and refugia) on the project site and within a 200-foot buffer zone, and evaluate them sufficiently to ascertain if a kit fox is using them. If an active kit fox den is detected within the area of work or the 200-foot buffer zone, the CDFG and USFWS will be contacted immediately to determine the best course of action. If no kit fox activity is detected, the work shall continue as planned and a brief written report will be submitted to the CDFG and USFWS within five days of completion of the surveys. While kit foxes are not expected to access the site during development, the applicant shall, as a precautionary measure, follow the "Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance" developed by the USFWS (1999). The measures that follow have been taken from USFWS (1999) and shall be implemented for this project. . Project-related vehicles shall observe a 20-mph speed limit in all project areas, except on County roads and state and federal highways; this is particularly important at night when kit foxes are most active. Nighttime construction shall be minimized. Off-road traffic outside of designated project areas shall be prohibited. Mitigation for potentially significant biological impacts. . Kit foxes are attracted to den-like structures such as pipes and may enter stored pipe becoming trapped or injured. All construction pipes, culverts, or similar structures with a diameter of 4 inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in anyway. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the USFWS has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity, until the fox has escaped. Mitigation for potentially significant biological impacts. Page 6 of 16 ~f>,kc-9 J. % >- - ~ m _ r- (.) (;) ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval . All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in closed containers and removed at least once a week from a construction or project site. Use of rodenticides and herbicides in project areas shall be restricted. This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other state and federal legislation, as well as additional project-related restrictions deemed necessary by the USFWS. If rodent control must be conducted, zinc phosphide shall be used because of proven lower risk to kit fox. Mitigation for potentially significant biological impacts. . A representative shall be appointed by the project proponent who will be the contact source for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a dead, injured or entrapped individual. The representative's name and telephone number shall be provided to the USFWS. Mitigation for potentially significant biological impacts. . In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape, or the USFWS should be contacted for advice. Mitigation for potentially significant biological impacts. . Any contractor or employee(s) who inadvertently kills or injures a San Joaquin kit fox shall immediately report the incident to their representative. The representative shall contact the CDFG immediately in the case of a dead, injured, or entrapped kit fox. The CDFG contact for immediate assistance is State Dispatch at (916) 445- 0045. They will contact the local warden or biologist. Mitigation for potentially significant biological impacts. . The Sacramento Fish and Wildlife Office and CDFG will be notified in writing within three working days of the accidental death or injury to a San Joaquin kit fox during project related activities. Notification must include the date, time, and location of the incident or of the finding of a dead or injured animal and any other pertinent information. The USFWS contact is the Chief of the Division of Endangered Species, 2800 Cottage Way, Suite W2605, Sacramento, CA 95825-1846, (916) 414- 6620. Mitigation for potentially significant biological impacts. 14. If any previously unidentified protected species that is not addressed in the MBHCP is found to be present, avoid the species and have it evaluated by a qualified biologist. Notify the USFWS and CDFG of any previously unreported protected species. Any take of protected wildlife shall be reported immediately to USFWS and CDFG. Mitigation for potentially significant biological impacts. 15. The project is located within the MBHCP coverage area and is required to pay Habitat Mitigation Impact Fees to offset incidental take of wildlife species and the impact on species habitat. The mitigation fees are paid into a trust as described in the MBHCP for the acquisition and/or Page 7 of 16 ~ ~AKc-9 o ~ .)... - ~ m - F- o (::) ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval enhancement of natural lands and restorable lands for purposes of creating preserves. Currently, the mitigation fee is calculated at approximately $1,250.00 per gross acres. Mitigation for potentially significant biological impacts. 16. During construction activities, waste and recycling receptacles that discourage foraging by wildlife species adapted to urban environments shall be installed in common areas throughout the project site. Mitigation for potentially significant biological impacts. Cultural Resources 17. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. All work shall stop at the location of the find, and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code, which details the appropriate actions necessary for addressing the remains) and a qualified archaeologist shall be notified immediately. Mitigation for potentially significant cultural impacts. 18. Prior to ground-disturbance activities associated with this project, personnel associated with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (Le., archaeological sites, artifacts, features, burials, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant/developer of the project site shall submit documentation to the Planning Department that they have met this requirement prior to commencement of ground-disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist. Mitigation for potentially significant cultural impacts. Hazards and Hazardous Materials 19. The applicant shall remediate oil-contaminated soils to the satisfaction of the Local Unified Program Agency (the Office of Environmental Services of the Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board and/or the California Department of Toxic Substances Control. Methods to mitigate the soil may include, but are not limited to the following: . Excavation and disposal at a permitted, off-site facility; Mitigation for potentially significant hazards and hazardous materials impacts. Page 8 of 16 ~ ~f>,kc-9 o ~ >- - ~ m - r- o (:] ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval . On-site treatment; or Mitigation for potentially significant hazards and hazardous materials impacts. . Other measures as appropriate. Mitigation for potentially significant hazards and hazardous materials impacts. Proof of compliance shall be submitted to the Planning Department prior to issuance of Grading Permits. 20. Prior to development, the developer shall conduct an asbestos survey to determine the presence or absence of asbestos-containing materials and submit the results to the City of Bakersfield. If asbestos containing materials are found, abatement of asbestos shall be required before any demolition activity that would disturb asbestos-containing materials or create an airborne asbestos hazard is permitted. Asbestos removal shall be performed by a state-certified asbestos containment contractor in accordance with San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8021, which requires: . A survey of the facility prior to issuance of a permit by SJVAPCD; Mitigation for potentially significant hazards and hazardous materials impacts. . Notification of the SJV APCD prior to construction activity; Mitigation for potentially significant hazards and hazardous materials impacts. . Removal of asbestos in accordance with prescribed procedures; Mitigation for potentially significant hazards and hazardous materials impacts. . Placement of collected asbestos in leak-tight containers or wrapping; and Mitigation for potentially significant hazards and hazardous materials impacts. . Proper disposal of the asbestos. Mitigation for potentially significant hazards and hazardous materials impacts. 21. Prior to demolition, the applicant shall conduct a survey to determine the presence or absence of leadbased paint and submit the results to the City of Bakersfield. If lead-based paint is found, abatement shall be conducted before any demolition activities occur that would create a lead dust or fume hazard. Lead-based paint removal shall be performed in accordance with California Code of Regulation Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. The person performing lead-based paint removal shall provide evidence of certified training for lead-related construction work. Mitigation for potentially significant hazards and hazardous materials impacts. Page 9 of 16 ~ ~r..kc-9 o % >- - ~ m - r- o (:] ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval 22. Construction contractors shall conduct a pregrading meeting to discuss the risk associated with exposure to fugitive dust that may contain cocci spores and the methods available to minimize exposure including use of masks and implementing dust control measures. Mitigation for potentially significant hazards and hazardous materials impacts. 23. Prior to issuance of building permits the applicant shall construct a 6-foot-high chain-link fence, or equivalent barrier as determined by the advisory agency, shall be constructed between any subdivision and the right-of-way line of any irrigation canal within or adjacent to the subdivision, as specified in City of Bakersfield Subdivision and Engineering Design Manual Standard S-b. Mitigation for potentially significant hazards and hazardous materials impacts. HvdroloQV 24. Prior to approval of a tract map by the Director of Public Works or his/her designee, the project applicant shall confirm that the project plans stipulate that prior to issuance of any grading permits, the project applicant shall file a Notice of Intent (NOI) and pay the appropriate fees, pursuant to the NPDES program. Mitigation for potentially significant hydrology impacts. 25. Prior to approval of a tract map, the project contactor shall incorporate stormwater pollution control measures into a SWPPP; BMPs shall be implemented; evidence that proper clearances have been obtained through the SWRCB, including coverage under the NPDES statewide General Stormwater Permit for Construction Activities, must be demonstrated; and a Standard Urban Storm Water Mitigation Plan (SUSMP) shall be required as required in the NPDES permit for the area of the project site draining to the Kern River. Mitigation for potentially significant hydrology impacts. 26. Erosion control measures and temporary basins for desiltation and detention shall be in place, as approved by the Director of Public Works. The basins and erosion control measures shall be shown and specified on the grading plans and shall be constructed to the satisfaction of the Director of Public Works prior to the start of any other grading operations. Mitigation for potentially significant hydrology impacts. Noise 27. Construction contractors shall comply with the standards outlined in Chapter 9.22 (Noise) of the Municipal Code. Mitigation for potentially significant noise impacts. 28. Future subdivision maps filed within the project shall comply with the development standards outlined in Chapter 17 (Zoning) and 16 (Subdivisions) of the City of Bakersfield Municipal Code. Mitigation for potentially significant noise impacts. Page 1 0 of 16 X ~f>,kc-9 o % .)... - f- m - r- o (:] ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval Public Services 29. Prior to issuance of grading permits, each Tentative Tract Map shall be reviewed by the City of Bakersfield Fire and Police Department. Specific Department requirements for access, turning movements, fire flow, hydrants, or other fire and life safety requirements shall be addressed. Mitigation for potentially significant fire protection/emergency services and police protection impacts. 30. Prior to issuance of building permit, the applicant for each Tentative Tract Map shall pay the School Impact Fees. Mitigation for potentially significant fire protection/emergency services and police protection impacts. 31. Prior to map recordation, the applicant for each Tentative Tract Map shall dedicate parkland or pay in-lieu fees pursuant to Bakersfield Municipal Code Section 15.80. Mitigation for potentially significant fire protection/emergency services and police protection impacts. Traffic and Circulation 32. Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be submitted for review and approval to the City of Bakersfield Public Works Department. Such plan shall consist of prior notices, adequate sign posting, and detours (including for pedestrians and bicyclists). The TMP shall specify implementation timing of each plan element (prior notices, sign posting, detours, etc.) as determined appropriate by the City Engineer. Adequate access to and from adjacent residential areas shall be provided at all times. The TMP shall be reviewed and approved by the City Police and Fire Departments so that construction does not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts. Mitigation for potentially significant traffic and circulation impacts. 33. During development, the project Contractor shall establish proper detours and warning signs to ensure public safety. This includes the use of proper lighting (where appropriate); fencing and shielding; proper storage of equipment and construction supplies; and covering loose piles of soil, silt, clay, sand debris, or other earthen material. Mitigation for potentially significant traffic and circulation impacts. 34. Each tract map filed by the developer within the Project boundary shall comply with the design requirements identified in Chapter 16.28 of the Bakersfield Municipal Code pertaining to access, roadway width, roadway length, and other roadway geometrics. Mitigation for potentially significant traffic and circulation impacts. 35. Prior to the recordation of the 200th residential unit on site for each phase of development, secondary access shall be available to allow for adequate circulation and emergency access. Each tract map filed by the developer within the Project boundary shall comply with the off- Page 11 of 16 ~ ~Akc-9 () % - m o S ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval street parking requirements identified in Chapter 17.58 of the Bakersfield Municipal Code. Mitigation for potentially significant traffic and circulation impacts. 36. Prior to the issuance of building permits, the project applicant shall comply with the City's Regional Transportation Impact Fee (RTIF) Program. In accordance with the standard residential, commercial, and industrial per-lot rate. Mitigation for potentially significant traffic and circulation impacts. 37. For impacted intersections subject to fair-share improvements (refer to Tables 5.13-14 and 5.13-15), the project Applicant shall participate in the improvements required on a pro-rata, fair- share basis, as indicated in Table 5.13-14 and Table 5.13-15, Future Intersection Improvements and Local Mitigation, prior to the issuance of building permits. Mitigation for potentially significant traffic and circulation impacts. Utilities 38. Prior to filing a final tract or parcel map, the developer shall record a covenant for each lot in the subdivision that prohibits the export of groundwater from the subdivision expect by the water purveyor that is serving the subdivision. Additionally, the developer shall pay City fees for inspection of water facilities installed by the contractor and the City Water Availability Fees. Payment of fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of each map, based on the percentage of the gross acreage contained in that particular map to be accepted and recorded, as compared to the total gross acreage within the entire project. All water mains, service connections, and fire hydrants shall be installed by the developer and dedicated to the City. Plans and specifications for such water mains and appurtenant facilities shall be prepared by and/or approved by the City of Bakersfield. All improvements must be installed or bonded prior to issuance of a letter guaranteeing the project a water supply. Mitigation for potentially significant solid waste/landfill impacts. 39. During construction, the Contractor shall separate all project construction debris and construction-related debris into recyclable and nonrecyclable items. All recyclable debris shall be transported to appropriate recycling facilities so as to reduce waste disposed of at County landfills. Additionally, recyclable materials and materials consistent with the waste-reduction goals of the City shall be used in all aspects of construction, when possible. Mitigation for potentially significant solid waste/landfill impacts. 40. Prior to issuance of any demolition permit, the project applicant shall submit, for review, a Construction and Demolition Recycling Plan to the KCWMD. The Recycling Plan shall include a plan to separate recyclable/reusable construction debris. The plan shall include the method the contractor will use to haul recyclable materials and shall include the method and location of material disposal. Mitigation for potentially significant solid waste/landfill impacts. Page 12 of 16 ~ ~f>,}(c-9 o % .)... - f- m - r- o c::> ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval 41. After rough grading of the site, the Project Applicant shall bring all main lines adjacent to roadways to the ultimate width. In addition, utility easements shall be readily available as needed. Mitigation for potentially significant solid waste/landfill impacts. 42. Prior to approval of each tract map, the Applicant shall coordinate with PG&E staff to ensure adequate facilities are incorporated into the project. Mitigation for potentially significant solid waste/landfill impacts. ADDITIONAL CONDITIONS OF APPROVAL: Plannina 43. A trail system is required for this project. With submittal of the first tentative subdivision application, the applicant shall provide the Planning Director with a trails plan for approval by the Planning Department. The trail cross section shall mirror the trail design approved for the Old River Ranch Parks and Trails Specific Plan. Trail location and cross section diagram shall be depicted on tentative and final maps. Consultation with staff prior to preparation of the trails plan is recommended. For orderly development. 44. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in the amount of $2487 per dwelling unit for residential use and 35i per square foot for commercial/industrial use or the fees in effect at the time of building permit approval. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is imposed per City Council approved action plan to pursue funds needed to complete construction of major transportation facilities to serve growth and development within Metropolitan Bakersfield. For orderly development. Williamson Act Land Use Contract Cancellation 45. The applicant shall process and obtain approval of a contract cancellation through the Responsible Agency with authority to cancel contracts or otherwise remove contracts, prior to approval of a subdivision map creating parcels less than twenty acres in size or the issuance of a building permit for any urban or non-agricultural uses. Prior to recordation of a subdivision map, the applicant/developer shall provide proof to the City of Bakersfield Planning Department that the required Williamson Act Land Use Contract fee as calculated by the Kern County Assessor's Office, has been paid to the Kern County Treasurer. For orderly development. Recreation and Parks 46. Prior to approval of a final subdivision for urban development, the subdivider shall enter into an Agreement with the City of Bakersfield related to provision of parks. Page 13 of 16 ~f>,Kc"9 J. % .)... - f- rn _ r- o (:] ORIGINAL Exhibit B GPAllC No. 05-1420 Mitigation/Conditions of Approval For orderly development and to satisfy park land requirement (BMC Ch 15.80) and park development requirement (BMC Ch. 15.82) Public Works 47. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. Provide fully executed dedication for Buena Vista and Old River Roads to arterial standards, Green and Curnow Roads to collector standards, and Taft Highway to CalTrans standards for the full frontage of the area within the entire GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Dedication shall also include sufficient width for trails in accordance with the approved Parks and Trails Plan for this area. Submit a current title report with the dedication documents. For orderly development. b. Also provide fully executed dedication for Old River Road in front of the half-acre parcels (APN 184-300-04 and 05). If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. Unless constructed prior to the development of this GPAlZC area, construction of improvements for the west half of this portion of Old River Road will be required with the construction of the frontage improvements. For orderly development. c. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 3 sumps may be utilized to serve this area. The study shall be approved and any required retention site and necessary easements dedicated to the City. For orderly development. d. Sewer service must be provided to the GPAlZC area. Submit a comprehensive sewer study to be reviewed and approved by the City Engineer. The study shall be in conformance with the Plant 3 Master Study. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. For orderly development. e. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or Page 14 of 16 ~ ~t>.k~.-? o ~ ;,... - I- m _ r- o c ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. For orderly development. f. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and any required offsite roadway improvements to be reviewed and approved by the City Engineer. For orderly development. g. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPAlZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. For orderly development. 48. Additional roadway improvements shall be constructed on both Taft Highway and Old River Road in front of the parcel at the southwest corner of this intersection (APN 184-300-03 and 12). With the construction of improvements on Taft Highway, and additional east bound lane on Taft Highway from the east boundary of the GPA area to the Old River Road intersection shall be constructed. With the improvements on Old River Road, and additional south bound land on Old River Road from the north boundary of the GPA area to Taft Highway. For orderly development. 49. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 50. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within the GPAlZC request is required prior to recordation of any map or approval of any improvement plan for the GPAlZC area. For orderly development. 51. Taft Highway is shown on the circulation Element as an Expressway. As such, access to Taft Highway is strictly limited to arterial and collector intersections. No local street or driveway access is allowed to Taft Highway from residential land uses. For orderly development. 52. The Taft Highway/OldRiver Road, Curnow Road and Engle Road crossings of the Stine Canal needs widening or construction. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings. For orderly development. Page 15 of 16 ~ ~ A./(~~ o ~ ;... - ~ "' - ,.. o c ORIGINAL Exhibit B GPAlZC No. 05-1420 Mitigation/Conditions of Approval 53. DEIR & Traffic Study Mitigation: . Measures 5.13-7a (Regional Transportation Impact Fee - Regional Mitigation) Prior to the issuance of building permits, the project applicant shall participate in the RTIF program subject to the standard fees in effect at the time of development. For orderly development. . Measure 5.13-7a (Local Mitigation) Prior to development estimates shall be submitted and approved for impacted intersections and segments subject to fair share improvements (refer to Tables 10 & 11 from the project traffic study). Applicant shall participate in the improvements required on a pro-rata, fair share basis, and prior to the issuance of building permits, based upon the approved estimates. For orderly development. City Attornev 55. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. Page 16 of 16 ~ ~M~~ o % 5 ~ ORIGINAL Exhibit 0 Statement of Facts, Findings, and Mitigation Measures ~ ~t>.I(~-? o ~ >- - l- "' _ r- c..:> Q ORIGINAL ~ . e STATEMENT OF FACTS, FINDINGS, AND MITIGATION MEASURES BAKERSFIELD-TAFT LLC GP AjZC SCH No. CITY OF BAKERSFIELD Planning Department 1715 Chester Ave. Bakersfield, California 93301 SEPTEMBER 2007 ~ ~f>,kc-9 o % .)... - I- m - r- o (:] ORIGINAL . e . . EXHIBIT 1 FINDINGS RELATING TO SIGNIFICANT ENVIRONMENTAL IMPACTS IDENTIFIED FOR Bakersfield-Taft LLC (GPAlZC) Section I Introduction The following findings of fact are based in part on the information contained in the Draft Environmental Impact Report (EIR) for the Bakersfield-Taft LLC and additional facts found in the complete record of proceedings. As defined by Section 15050 of the California Environmental Quality Act (CEQA) Guidelines, the City of Bakersfield is serving as "Lead Agency," responsible for preparing the EIR for the proposed project. In accordance with the requirements of the California Environmental Quality Act (CEQA), the City of Bakersfield conducted a preliminary review of the application for the proposed Bakersfield-Taft LLC and determined that the project would require an EIR. As a result, a Notice of Preparation (NOP) was prepared and circulated by the City of Bakersfield in February 2007 for the required 3D-day review period. The City's Initial Study was also circulated with this NOP to provide additional information on the project to public agencies and other parties reviewing the NOP. The topics evaluated in the Draft EIR were based on the City's review of the project, considerations of response to the NOP prepared for the proposed project, and completion of an initial study checklist. Given those considerations, the Draft EIR considered the following environmental topics: . Aesthetics, Light & Glare . Agricultural Resources . Air Quality . Biological Resources . Cultural Resources . Geology and Soils . Hazards and Hazardous Materials . Hydrology and Water Quality . Land Use, Population and Housing . Mineral Resources . Noise . Public Services . Traffic and Circulation . Utilities 1 ~ 'O"'kt~ c ~ ;,... - ~ m - r- o c ORIGINAL .. . . The Project The Draft EIR evaluated the environmental impacts of the proposed project, which consists of related discretionary actions proposed by the City of Bakersfield. As described in Section 3.0, Project Description, of the Draft EIR, the Bakersfield-Taft Project is a residential land development situated on approximately 305 acres of property in an unincorporated portion of central Kern County. The project would subdivide the site into 1,300 residential lots via the processing of five distinct tentative tract maps. The lots range in size from a minimum of 4,500 net square feet to a maximum of 8,400 square feet Overall, lots range in size from 8,400 to 4,500 square feet throughout the project The average residential density is 4 dwelling units per gross acre. Residential uses would be supported by 6 acres of parkland along with 8 acres of roadways and four drainage basins. Adoption of the project requires an amendment to the Metropolitan Bakersfield General Plan Land Use Map. The project includes a General Plan Amendment from R-IA (Resource Intensive Agriculture) to LR (Low Density Residential less than or equal to 7.26 dwelling units per net acre) with a concurrent pre-zoning to R-l (Single Family Residential) on approximately 235 acres, and a General Plan Amendment from R-IA (Resource-Intensive Agriculture) to LMR (Low Medium Density Residential, greater than 4.0 and less than or equal to 10.0 dwelling units per net acre) with a concurrent pre-zoning to R-2 (Limited Multiple Family Residential) on approximately 70 acres. Proposed designations are depicted on Figure 3.0-9, PROPOSED GENERAL PLAN AND ZONING DESIGNATIONS. The Environmental Impact Report The City of Bakersfield, serving as Lead Agency, prepared the EIR to serve as the environmental review document for not only itself but also Responsible and Trustee Agencies, as defined by the CEQA Guidelines. As described on page 3.0-1 of the Draft EIR, Responsible Agencies for this project include the California Department of Transportation (Caltrans)"California Regional Water Quality Control Board (RWQCB), California Department of Fish and Game (CDFG), San Joaquin Valley Air Pollution Control District (SJV APCD), U.S. Fish and Wildlife Service (USFWS) Kern County Local Agency Formation Commission (LAFCO), County of Kern, and Kern Delta Water District. The Draft EIR analyzed both project and cumulative effects of the project on those topics identified during the scoping process and considered a variety of mitigation measures to minimize, reduce, avoid, or compensate for the potential adverse effects of the proposed Project The Draft EIR was made available on July 10, 2007 through August 25, 2007 for a 45-day public review and comment period as mandated by CEQA. During the public review period, interested public agencies and private parties submitted written comments concerning the adequacy of the document to the City of Bakersfield Planning Department One public hearing, at which time public testimony was heard, was held before the Planning Commission on August 2, 2007 to consider the proposed project, the requested entitlements, and the adequacy of the Draft EIR. Following the close of the public review period, the City of Bakersfield prepared responses to all written and oral comments made during the public review period and during the Planning Commission Hearing, consistent with the requirements of Section 15088 of the CEQA Guidelines. 2 ~ ~f>,Kc-9 o % >- - ~ m - r- <..) (:] ORIGINAL e e Section II Findings Regarding the Potential Significant Environmental Effects of the Proposed Project A. Environmental Effects Found to be Less than Significant 8. Land Use Facts in Support of Findings An evaluation of Land Use &: Planning impacts of the project are found on pages 5.9-1 through 5.9-42 of the Draft EIR. Proiect Impacts The project includes a General Plan Amendment from R-IA (Resource Intensive Agriculture) to LR (Low Density Residential less than or equal to 7.26 dwelling units per net acre) with a concurrent pre-zoning to R-1 (Single Family Residential) on approximately 235 acres, and a General Plan Amendment from R-IA (Resource-Intensive Agriculture) to LMR (Low Medium Density Residential, greater than 4.0 and less than or equal to 10.0 dwelling units per net acre) with a concurrent pre-zoning to R-2 (Limited Multiple Family Residential) on approximately 70 acres. Project consistency with the goals, policies, and objectives of the General Plan Land Use Element was evaluated on pages 5.9-20 through 5.9-37 of the Draft EIR. This analysis concluded that the Project would promote land use goals and policies of the General Plan pertaining to the capture of economic growth, promotion of a distinct identity, ensuring all necessary public services are near to residential uses, and promoting the logical and orderly development of urban uses. All proposed land uses would be subject to citywide land use controls including those pertaining to development standards (e.g., setbacks, building heights, access, signage, parking, landscaping, and lighting) and infrastructure improvements. Cumulative Impacts All development proposed and constructed within the City of Bakersfield is recorded by City staff and reviewed for consistency with Citywide land use policies, controls, and development standards during the course of the project review and approval process. Findings Based on the information contained in the Draft EIR and entire record of proceedings, the City of Bakersfield finds that the requested entitlements to permit construction and operation of the Bakersfield-Taft project would not conflict with the goals, policies, and objectives of the General Plan. The City further finds that future land uses would be subject to the citywide land use controls and development standards that would ensure functional and visual compatibility with surrounding land uses. 3 ~ ~P-kc1>. o ~ ~ - ~ m - r- o c ORIGINAL It e 9. Mineral Resources Facts in Support of Findings An evaluation of Mineral Resource impacts of the Project are found on pages 5.10-1 through 5.10- 7 of the Draft Em. According to a review of DOGGR files and production records, the project site is located beyond the administrative boundaries of any oil or gas field. Proiect Impacts Development of the project would not directly impact oil and gas production or aggregate extraction operations, as no such activities occur on site or on adjacent land. While project development would preclude future sand or gravel.extraction activities, the site is not in an area designated by state or local plans as having a known mineral resource of high value. Nor is the site within the administrative boundary of an existing oil field. However, development of the project would not necessarily preclude future oil extraction on site. The City recognizes the importance of mineral production activity and established means to promote productive reuse of these areas through use of the Municipal Code to ensure that loss of mineral resources does not occur because of development. New wells are permitted in residentially zoned areas subject to the specifications and development standards outlined in Chapter 15.66 of the Municipal Code. Therefore, project implementation would not result in a significant impact in relation to the loss of availability of a known mineral resource or a locally important mineral resource recovery site. Cumulative Impacts The project as proposed is located beyond the administrative boundaries of any oil or gas field. In addition, the project site does not include sand and gravel resources, as it is located approximately 2 miles from the Kern River, outside the floodplain. For these reasons, site development would not represent a cumulatively considerable contribution to the loss of mineral resources of local or statewide importance. Findings Based on the information contained in the Draft EIR and entire record of proceedings, the City of Bakersfield finds that the Project would not result in the loss of a known mineral source or resource site that would be of value to the state. B. Environmental Effects Discussed in the EIR Which Can Be Avoided or Substantially Lessened to Less Than Significant Levels 4 ~Mc"9 J. ~ >- - ~ m _ r- Q (:] ORIGINAL e e All Final EIR mitigation measures (as set forth in the Mitigation Monitoring Plan) have been incorporated by reference into the conditions of approval for the project. The Commission has determined based on the Final EIR and entire record of proceedings that these mitigation measures and conditions of approval will result in a substantial mitigation of the Project effects on the following: 1. Biological Resources Facts in Support of Findings An evaluation of project impacts on biological resources is found on pages 5.4-1 through 5.4-27 of the Draft EIR. This evaluation was based on literature reviews, database reviews, and field surveys by a qualified biologist and botanist. Due to frequent past disturbance to the project site, it currently possesses almost no value for native plants and sensitive wildlife species. No special-status plant species were observed on the site during the field surveys conducted in March and August of 2006. One special-status wildlife species was observed on the site during the field survey; three burrowing owls. Project Impacts Development of the project area would remove approximately 305 acres of marginal foraging habitat and nesting habitat used by common wildlife species including small mammals, reptiles, and invertebrates that, in turn, could provide a source of prey for a variety of common and special-status birds (including passerines and both local and wintering raptors) and larger mammal species. Construction activities could result in the direct loss of active nests of common bird species or the abandonment of active nests by adult birds. The MBTA and the California Fish and Game Code protect active nests of all native bird species. While the loss or abandonment of nests of common bird species may not be considered a significant impact based on the CEQA significance criteria, the loss of active bird nests would conflict with state and federal laws. The project would also utilize sources of light to illuminate streets and residential areas. Nighttime light can disturb breeding and foraging behavior and can potentially alter breeding cycles of birds, mammals, and nocturnal invertebrates. Cumulative Impacts The proposed project in conjunction with ongoing development in southwest Bakersfield will permanently remove land from the overall land balance available for listed, protected, and special wildlife and vegetative communities. The removal of these lands constitutes a potentially cumulatively considerable impact to biological resources. The Bakersfield area is subject to the provisions of the MBHCP; thus, cumulative impacts have been addressed and are considered mitigated to less than significant levels through compliance with this plan. 5 ~Mc-9 J. ~ >- - I- m _ r- o (:] ORIGINAL e . Findings Pursuant to Public Resource code 21081 (a) (1), and CEQA Guidelines Section 15091, the Planning Commission finds that the project's adherence to the following mitigation measures from the EIR, which are incorporated into the project, will avoid or reduce the biological resource impacts to a less than significant level. 5.4-1 Special-Status and Common Birds, including Tri-colored and Yellow-headed blackbirds: The applicant shall have pre-disturbance surveys conducted by a qualified biologist (e.g., experienced with the nesting behavior of bird species of the region) within 30 days of ground disturbance activities associated with construction or grading that would occur during the nesting/breeding season of native bird species potentially nesting on the site (typically February through September in the project region). The intent of the surveys would be to determine if active nests of bird species protected by the MBT A and/ or the California Fish and Game Code are present in the construction zone or within 300 feet (500 feet for raptors) of the construction zone. The surveys shall be timed such that the last survey is concluded no more than one week prior to initiation of clearance/ construction work. If ground disturbance activities are delayed, then additional pre-disturbance surveys will be conducted such that no more than one week will have elapsed between the last survey and the commencement of ground disturbance activities. If active nests are found, clearing and construction within 300 feet of the nest (500 feet for raptors), or at a distance deemed sufficient by the qualified biologist, shall be postponed or halted until the nest is vacated, juveniles have fledged, and there is no evidence of a subsequent attempt at nesting. Limits of construction to avoid an active nest shall be established in the field with flagging, fencing, or other appropriate barrier, and construction personnel shall be instructed on the sensitivity of nest areas. The biologist shall serve as a construction monitor during those periods when construction activities will occur near active nest areas to ensure that no inadvertent impacts on these nests occur. The results of the survey, and any avoidance measures taken, shall be submitted to the City of Bakersfield and CDFG within 30 days of completion of the pre-disturbance surveys and/or construction monitoring to document compliance with applicable state and federal laws pertaining to the protection of native birds. 5.4-2 Burrowing Owls: The applicant shall retain a qualified biologist to conduct pre-disturbance burrowing owl surveys on the project site prior to construction or site preparation activities. The survey shall be conducted no more than 30 days prior to commencement of construction activities. Occupied burrows should not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist verifies through non-invasive methods that either (1) the birds have not begun egg-laying and incubation; or (2) that juveniles from the occupied 6 <oMc-? ~ ~ >- - ~ m <:) 6 ORIGINAL e . burrows are foraging independently and are capable of independent survival. If burrowing owls are observed using burrows during the surveys, owls shall be excluded from all active burrows through the use of exclusion devices placed in occupied burrows in accordance with CDFG protocols (CDFG 1995). In such case, exclusion devices shall not be placed until the young have fledged, as determined by a qualified biologist and found to be no longer dependent upon the burrow. Specifically, exclusion devices, utilizing one-way doors, shall be installed in the entrance of all active burrows. The devices shall be left in the burrows for at least 48 hours to ensure that all owls have been excluded from the burrows. Each of the burrows shall then be excavated by hand and backfilled to prevent reoccupation. Exclusion shall continue until the owls have been successfully excluded from the site, as determined by a qualified biologist 5.4-3 San Joaquin Kit Fox: The applicant shall have conducted, by a qualified biologist, pre- disturbance surveys for the kit fox. These pre-disturbance surveys shall be conducted no less than 14 days and no more than 30 days prior to any construction-related activities. The primary objective is to identify kit fox habitat features (potential dens and refugia) on the project site and within a 200-foot buffer zone, and evaluate them sufficiently to ascertain if a kit fox is using them. If an active kit fox den is detected within the area of work or the 200-foot buffer zone, the CDFG and USFWS will be contacted immediately to determine the best course of action. If no kit fox activity is detected, the work shall continue as planned and a brief written report will be submitted to the CDFG and USFWS within five days of completion of the surveys. While kit foxes are not expected to access the site during development, the applicant shall, as a precautionary measure, follow the "Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance" developed by the USFWS (1999). The measures that follow have been taken from USFWS (1999) and shall be implemented for this project . Project-related vehicles shall observe a 20-mph speed limit in all project areas, except on County roads and state and federal highways; this is particularly important at night when kit foxes are most active. Nighttime construction shall be minimized. Off-road traffic outside of designated project areas shall be prohibited. . Kit foxes are attracted to den-like structures such as pipes and may enter stored pipe becoming trapped or injured. All construction pipes, culverts, or similar structures with a diameter of 4 inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in anyway. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the USFWS has been consulted. 7 ~ ~M~~ o ~ ;:... "" ~ "' _ r'" o l::1 ORIGINAL e e If necessary, and under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity, until the fox has escaped. . All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in closed containers and removed at least once a week from a construction or project site. . Use of rodenticides and herbicides in project areas shall be restricted. This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other state and federal legislation, as well as additional project-related restrictions deemed necessary by the USFWS. If rodent control must be conducted, zinc phosphide shall be used because of proven lower risk to kit fox. . A representative shall be appointed by the project proponent who will be the contact source for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a dead, injured or entrapped individual. The representative's name and telephone number shall be provided to the USFWS. . In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape, or the USFWS should be contacted for advice. . Any contractor or employee(s) who inadvertently kills or injures a San Joaquin kit fox shall immediately report the incident to their representative. The representative shall contact the CDFG immediately in the case of a dead, injured, or entrapped kit fox. The CDFG contact for immediate assistance is State Dispatch at (916) 445-0045. They will contact the local warden or biologist. . The Sacramento Fish and Wildlife Office and CDFG will be notified in writing within three working days of the accidental death or injury to a San Joaquin kit fox during project-related activities. Notification must include the date, time, and location of the incident or of the finding of a dead or injured animal and any other pertinent information. The USFWS contact is the Chief of the Division of Endangered Species, 2800 Cottage Way, Suite W2605, Sacramento, CA 95825-1846, (916) 414-6620. 5.4-4 If any previously unidentified protected species that is not addressed in the MBHCP is found to be present, avoid the species and have it evaluated by a qualified biologist Notify the USFWS and CDFG of any previously unreported protected species. Any take of protected wildlife shall be reported immediately to USFWS and CDFG. 8 ~ ~f>,Kc-9 o % .)... - ~ m - r- o c::;, ORIGINAL e e 5.4-5 The project is located within the MBHCP coverage area and is required to pay Habitat Mitigation Impact Fees to offset incidental take of wildlife species and the impact on species habitat The mitigation fees are paid into a trust as described in the MBHCP for the acquisition and/ or enhancement of natural lands and restorable lands for purposes of creating preserves. Currently, the mitigation fee is calculated at approximately $1,250.00 per gross acres. 5.4-6 During construction activities, waste and recycling receptacles that discourage foraging by wildlife species adapted to urban environments shall be installed in common areas throughout the project site. 2. Cultural Resources Facts in Support of Findings An evaluation of project impacts on cultural resources is found on pages 5.5-1 through 5.5-9 of the Draft EIR. An archival records search, a field walkover, and consultation with local tribes pursuant to SB 18 failed to uncover any archeological artifacts or sensitive cultural resources on site. The records search and field walkover identified two potential historic resources House M- 1 and House M-2, which are both ca. 1920s farmhouse complexes in extremely poor condition. Both properties are ineligible for nomination to the California Register of Historic Resources. Consequently, no impact to a historic resource would occur due to project construction. Proiect Impacts While no archeological sites have been previously recorded on this land and it was formerly cultivated with crops, it is possible that erosional or depositional processes, and current vegetative cover, have obscured cultural resources or human remains that may be present but not visible. While it is unlikely that significant village or habitation sites exist within the area, there is always the potential, however remote, that cultural resources or human remains may be unearthed during construction. Based on the age of Buena Vista Lake deposits, these alluvial deposits appear to be geologically too young to contain significant fossil remains. Therefore, the project area is considered to have a very low potential to contain significant paleontological resources and no significant project impacts would occur. Cumulative Impacts Buildout of uses in the southwest offers the potential to uncover new finds that would expand our knowledge of native cultures. Any future development activity that uncovers cultural or paleontological resource would be required to comply with all applicable state, federal, and City regulations concerning preservation, salvage, or handling of such resources. 9 ~ ~"'kc-9 o % .)... - ~ m - r- o (:] ORIGINAL e e Findings Pursuant to Public Resource Code 21081 (a) (1), and CEQA Guidelines Section 15091, the Planning Commission finds that the project's adherence to the following mitigation measures from the EIR, which are incorporated into the project, will avoid or reduce the cultural resource impacts to a less than significant level. 5.5-1 If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. All work shall stop at the location of the find, and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code, which details the appropriate actions necessary for addressing the remains) and a qualified archaeologist shall be notified immediately. 5.5-2 Prior to ground-disturbance activities associated with this project, personnel associated with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e., archaeological sites, artifacts, features, burials, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant/developer of the project site shall submit documentation to the Planning Department that they have met this requirement prior to commencement of ground-disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist. 6. Hazards and Hazardous Materials An evaluation of project impacts with regard to Environmental Safety is found on pages 5.7-1 through 5.7-16 of the Draft EIR. This section of the Draft EIR was based on findings from a on limited Phase I and Phase 2 Environmental Site Assessments (ESA). The Phase 1 ESA involved review of historical aerial photographs, regulatory database searches, a review of City of Bakersfield Grants of Easement records, a personal interview, field investigation, and soil sampling. The project site is not listed as a hazardous materials site pursuant to Government Code Section 65962.5 nor is the project within a 0.5-mile radius of a listed site. However, the site has historically been used for farming activities and pesticides may have been applied to the site for pest control. Based on the findings of the Phase 1 ESA, a limited Phase II investigation was subsequently conducted on site. The Phase II involved 22 soil samples and 1 water sample submitted for testing. 10 ~AKc1> J. % :>-. - f- m _ r- o c ORIGINAL e e Project Impacts Project construction activities have the potential to encounter known hazardous materials or wastes from historic use of the site. The potential threat to public health can be reduced to less than significant levels by conducting soil testing and remediation activities prior to site development. There is a possibility of accidental release of hazardous substances, such as spilling petroleum- based fuels used for construction equipment. The level of risk associated with the accidental release of hazardous substances is not considered significant because of the small volume and low concentration of hazardous materials utilized during the construction phases. Evidence of a hazardous materials spill was present within the project site. The evidence consists of a stain in association with an Above Ground Storage Tank (AST) near an on-site water well. Impacts associated with this spill can be mitigated to less than significant by the excavation of stained soil for disposal at a licensed facility or on-site remediation. Continued use of agricultural chemicals would represent a less than significant hazard with implementation of the following standards: (1) agricultural chemicals would be used and stored in accordance with all applicable federal, state, and local regulations and guidelines; and, (2) buffers and barriers between agricultural and urban uses would be used to provide a separation during pesticide application operations. Grading within the boundary of the project may lead to the release of fugitive dust and spores causing Valley Fever. Mitigation measures designed to reduce the amount of fugitive dust generated during grading activities would reduce the likelihood of Valley Fever to a less than significant level. Cumulative Impacts Application, storage, and disposal of hazardous materials are subject to federal, state, and local regulations. Compliance with these regulations would ensure that contamination or exposure to hazardous substances is avoided or controlled to minimize the risk to the public on a case-by- case basis, as cumulative projects are constructed. Findings Pursuant to Public Resource Code 21081 (a) (1), and CEQA Guidelines Section 15091, the Planning Commission finds that the project's adherence to the following mitigation measures from the EIR, which are incorporated into the project, will avoid or reduce impacts on Environmental Safety to a less than significant level. 5.7-1 The applicant shall remediate oil-contaminated soils to the satisfaction of the Local Unified Program Agency (the Office of Environmental Services of the Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board and/ or the California Department of Toxic Substances Control. Methods to mitigate the soil may include, but are not limited to the following: 11 ~ ~f..Kc-9 o ~ >- - f- m _ r- o (:] ORIGINAL . e . Excavation and disposal at a permitted, off-site facility; . On-site treatment; or . Other measures as appropriate. Proof of compliance shall be submitted to the Planning Department prior to issuance of Grading Permits. 5.7-2 Prior to development the developer shall conduct an asbestos survey to determine the presence or absence of asbestos-containing materials and submit the results to the City of Bakersfield. If asbestos-containing materials are found, abatement of asbestos shall be required before any demolition activity that would disturb asbestos-containing materials or create an airborne asbestos hazard is permitted. Asbestos removal shall be performed by a state-certified asbestos containment contractor in accordance with San Joaquin Valley Air Pollution Control District (SJV APCD) Rule 8021, which requires: . A survey of the facility prior to issuance of a permit by SJV APCD; . Notification of the SJV APCD prior to construction activity; . Removal of asbestos in accordance with prescribed procedures; . Placement of collected asbestos in leak-tight containers or wrapping; and . Proper disposal of the asbestos. 5.7-3 Prior to demolition, the applicant shall conduct a survey to determine the presence or absence of lead-based paint and submit the results to the City of Bakersfield. If lead-based paint is found, abatement shall be conducted before any demolition activities occur that would create a lead dust or fume hazard. Lead-based paint removal shall be performed in accordance with California Code of Regulation Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. The person performing lead-based paint removal shall provide evidence of certified training for lead-related construction work. 5.7-4 Prior to issuance of building permits the applicant shall construct a 6-foot-high chain-link fence, or equivalent barrier as determined by the advisory agency, shall be constructed between any subdivision and the right-of-way line of any irrigation canal within or adjacent to the subdivision, as specified in City of Bakersfield Subdivision and Engineering Design Manual Standard S-b. 5.7-5 Construction contractors shall conduct a pre-grading meeting to discuss the risk associated with exposure to fugitive dust that may contain cocci spores and the methods available to minimize exposure including use of masks and implementing dust control measures. 7. Hydrology and Water Quality 12 ~ ~f>,Kc-9 o (J'l A "1'\ I- m - r- o (:] ORIGINAL e e An evaluation of project impacts with regard to Hydrology and Water Quality is found on pages 5.8-1 through 5.8-15 of the Draft EIR. The site is relatively flat, is located approximately 5 miles south of the Kern River, and is not within the primary or secondary floodway. Proiect Impacts Grading and excavation necessary for site preparation could result in wind- and water-driven erosion of soils that would increase sedimentation and soil erosion. The project applicant is responsible for implementation of Best Management Practices (BMPs) as part of compliance with the National Pollutant Discharge Elimination System (NPDES) construction permit from the RWQCB. In the event of a dam breach, warning estimates predict that future project residents would have approximately 12 hours before the flood waters reached the area based on City flood warning projections. This is sufficient time for visitors to implement the City of Bakersfield Flood Evacuation Plan and evacuate the site using Taft Highway, which provides a direct connection to Interstate 5. Buildout of the project would result in the construction of impervious surfaces that would reduce water absorption and increase surface runoff volume and velocities. Each future subdivision filed within the project is required to prepare a drainage concept plan to show how the subdivision meets the design requirements of the City of Bakersfield. Compliance with these design requirements would ensure that no significant flooding occurs either on or off the site. Pollutants from the Project would be a non-point source discharge typically associated with general land development including hydrocarbons such as motor oil, pesticides, and fertilizers from maintenance of landscaping. Primary sources of urban runoff pollutants include animal droppings, atmospheric fallout, land erosion, lawn runoff (pesticides, herbicides, fertilizers), and pavement runoff. Under NPDES Municipal Permit No. CAS614001, the applicants for development projects must submit and implement a Standard Urban Stormwater Mitigation Plan (SUSMP) containing design features and BMPs appropriate and applicable to the project that reduce the volume of contaminants entering surface and groundwater. According to the Water Supply Assessment prepared for the Project, The project site currently generates a demand of 914 afy. due to agricultural use. With implementation of the Bakersfield- Taft project, the site would consume approximately 816 afy resulting in a net decrease in water demand of 98 afy. Moreover, the City of Bakersfield will implement policies of the Metropolitan Bakersfield General Plan related to IISafe Yield" as well as the City of Bakersfield's UWMP during Site Plan Review. Consequently, implementation of the proposed project would not result in net deficit in aquifer volume or the lowering of the local groundwater table. Cumulative Impacts Buildout of each future land development would result in the construction of additional impervious surfaces that would reduce water absorption and increase surface runoff and velocities. Each future project in the City is subject to requirements outlined in the City Drainage Manual and must prepare specific drainage studies to identify potential impacts, relationship to City and County drainage master plans, and implementation of appropriate on- and off-site drainage improvements. 13 ~Mc-9 ~ ~ >- - f- m _ r- r;J (:] ORIGINAL e e All uses within the City of Bakersfield and Kern County are subject to the requirements of the NPDES program for municipal stormwater discharge. Assuming that each new development project implements the SUSMP requirements, each project would minimize the potential for cumulative degradation of surface water quality. Findings Pursuant to Public Resource Code 21081 (a) (1), and CEQA Guidelines Section 15091, the Planning Commission finds that the project's adherence to the following mitigation measures from the Em, which are incorporated into the project, will avoid or reduce impacts on Hydrology/Water Quality to a less than significant level. 5.8-1 Prior to approval of a tract map by the Director of Public Works or his/her designee, the project applicant shall confirm that the project plans stipulate that prior to issuance of any grading permits, the project applicant shall file a Notice of Intent (NOI) and pay the appropriate fees, pursuant to the NPDES program. 5.8-2 Prior to approval of a tract map, the project contactor shall incorporate stormwater pollution control measures into a SWPPP; BMPs shall be implemented; evidence that proper clearances have been obtained through the SWRCB, including coverage under the NPDES statewide General Stormwater Permit for Construction Activities, must be demonstrated; and a Standard Urban Storm Water Mitigation Plan (SUSMP) shall be required as required in the NPDES permit for the area of the project site draining to the Kern River. 5.8-3 Erosion control measures and temporary basins for desiltation and detention shall be in place, as approved by the Director of Public Works. The basins and erosion control measures shall be shown and specified on the grading plans and shall be constructed to the satisfaction of the Director of Public Works prior to the start of any other grading operations. C. Environmental Effects of the Project Which are Considered Unavoidable Significant Impacts 1. Aesthetics Facts in Support of Findings An evaluation of project impacts on noise is found on pages 5.1-1 through 5.1-14 of the Draft EIR. Site development would place 1,300 residential dwellings and associated infrastructure improvements on the 305-acre site. Buildout of approved, planned and pending projects would alter the existing semi-rural character of the area by introducing residential, and supporting 14 ~~/(~~ J. ~ 5 ! ORIGINAL e e facilities that require use of lighting for safety, security, and visibility. Development of the project site along with cumulative projects would change the visual appearance of the properties from agricultural uses to urban uses. Cumulative Impacts Buildout of approved, planned and pending projects would alter the existing semi-rural character of the area by introducing residential, and supporting facilities. Since the land use designation on the project site was for agricultural use at the time the General Plan EIR was certified, conversion of the project site along with the annexation sites to urban use exceeds the assumptions on the loss of open space contained in the General Plan. The project, when considered with cumulative development, would result in a significant and unavoidable adverse impact. Findings Pursuant to Public Resources code 21081 (a) (1), and CEQA Guidelines Section 15091, the Planning Commission finds that development of the proposed project in combination with planned, approved, and foreseeable projects would cause an unavoidable cumulative aesthetic impact after implementation of all feasible mitigation. The Planning Commission also finds that the significant impact identified above is overridden by project benefits as set forth in the Statement of Overriding Considerations. 5.1-1 With submittal of tentative tract map application, the developer shall identify the temporary construction equipment staging areas within the project site through the duration of construction. Appropriate screening (e.g., temporary opaque fencing [6 feet in height]) shall be used to buffer views of equipment and material. Staging locations shall be located as far as practicable from existing residential development and are subject to review and approval of the City Planning Department. 5.1-2 Prior to development, the Project Contractor shall ensure that all mechanical and electrical equipment to be installed on the structure or on the ground is adequately screened from public view. The screening shall be considered as an element of the overall design and shall blend with the architectural design of the building and or landscaping, as appropriate. Construction plans for the buildings shall indicate any fixtures or equipment to be located on the roof of the respective structure, equipment types, and design of the screening material. The method of screening shall be reviewed and approved by the City Planning Department. 5.1-3 Prior to development, the Project Applicant shall ensure that the project's exterior lighting does not spill over onto adjacent uses, all exterior light fixtures, including street lighting, shall be shielded or directed away from adjoining uses, pursuant to all applicable lighting standards and requirements of the City of Bakersfield Municipal Code and Zoning Code. 15 x ~f>,kc~ o ~ :>- - ~ m _ r- o (:] ORIGINAL e e 3. Traffic and Access Facts in Support of Findings An evaluation of the traffic impacts of the proposed project is found on pages 5.13-1 through 5.13-71 of the Draft EIR. The comprehensive traffic impact analysis completed for the project is found in the Appendix 5.13 of the Draft EIR. The traffic study examined 48 intersections (29 existing -16 unsignalized and 13 signalized - and 19 future) and 36 roadway segments. Based on the traffic counts taken for the traffic study, 2 intersections operated below LOS C under existing PM Peak-hour conditions, and 4 operated below LOS C under existing AM peak-hour conditions. Signal warrant analysis indicates that two unsignalized intersections currently warrant signals in the PM peak, while four unsignalized intersections warrant signals in the AM peak. Project Impacts During project construction, access and circulation may be impeded due to temporary road closures or detours. Anticipated construction-related traffic and circulation impacts would be considered a temporary nuisance that would cease upon completion of project construction. Preparation of a detailed Traffic Management Plan (TMP) would be required prior to construction of the proposed project. At buildout the proposed project is forecast to generate approximately 11,009 daily trips, which include approximately 1,078 PM peak-hour trips and approximately 920 AM peak-hour trips. Implementation of the project with mitigation would result in two intersections operating below LOS C during the 2016 PM peak-hour and two intersections operating at below LOS C during the 2016 AM peak-hour. However, as these intersections are forecast to operate below LOS C without the project, implementation of the project with mitigation would not alter the status quo, thus resulting in a less than significant impact. Access to the project site will be provided along from the north along State Route 119, from the east via Old River Road, from the south via Curnow Road and from the west via Buena Vista Road. These access points will connect to the proposed interior street system, specifically Green Road, which is proposed to traverse the project site. The City of Bakersfield policy requires that a secondary access point be provided on developments over 200 residences. Therefore, the construction of a secondary access point would be required prior to recordation of the 200th residential unit on site for each phase of development With incorporation of a second point of access, impacts would be reduced to a less than significant level. Cumulative Impacts BuiIdout of the project along with cumulative projects would result in five unsignalized intersections and two signalized intersections operating below LOS C during the year 2030 even after implementation of feasible mitigation. At most, of the affected intersections the project would contribute a negligible volume of trips (less than 1 percent) through the studied locations, which would not be considered as cumulatively considerable. However, the project would contribute over 2 percent of the trips through the intersection of Old River Road with White Lane and the intersection of Old River with Ming Road, which are two of the locations predicted to operate at LOS F in the year 2030 even with implementation of feasible mitigation. As a result, 16 ~ ~~f(~~ o % ;:.... -<",. I- "' _ F' o c:, ORIGINAL e e the contribution of project traffic at these two locations is considered cumulatively considerable and represents a significant cumulative impact No feasible mitigation is available to reduce these impacts below a level considered to be significant. Findings Pursuant to Public Resources code 21081 (a) (1), and CEQA Guidelines Section 15091, the Planning Commission finds that development of the proposed project in combination with planned, approved, and foreseeable projects would cause an unavoidable cumulative traffic and circulation impacts after implementation of all feasible mitigation. The Planning Commission also finds that the signifieant impact identified above is overridden by project benefits as set forth in the Statement of Overriding Considerations. 5.13-1 Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be submitted for review and approval to the City of Bakersfield Public Works Department. Such plan shall consist of prior notices, adequate sign posting, and detours (including for pedestrians and bicyclists). The TMP shall specify implementation timing of each plan element (prior notices, sign posting, detours, etc.) as determined appropriate by the City Engineer. Adequate access to and from adjacent residential areas shall be provided at all times. The TMP shall be reviewed and approved by the City Police and Fire Departments so that construction does not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts. 5.13-2 During development, the Project Contractor shall establish proper detours and warning signs to ensure public safety. This includes the use of proper lighting (where appropriate); fencing and shielding; proper storage of equipment and construction supplies; and covering loose piles of soil, silt, clay, sand debris, or other earthen material. 5.13-3 Refer to Mitigation Measures 5.13-7a and 5.13-7b. roadway width, roadway length, and other roadway geometries. 5.13-4 Each tract map filed by the developer within the project boundary shall comply with the design requirements identified in Chapter 16.28 of the Bakersfield Municipal Code pertaining to access, roadway width, roadway length, and other roadway geometries. 5.13-5 Prior to the recordation of the 200th residential unit on site for each phase of development, secondary access shall be available to allow for adequate circulation and emergency access. 17 ~ ~P,K~~ o % .)... .,,: ~ "' _ r- o 0 ORIGINAL e e 5.13-6 Each tract map filed by the developer within the project boundary shall comply with the off- street parking requirements identified in Chapter 17.58 of the Bakersfield Municipal Code. 5.13-7a Prior to the issuance of building permits, the project applicant shall comply with the City's Regional Transportation Impact Fee (RTIF) Program. In accordance with the standard residential, commercial, and industrial per-lot rate. 5.13-7b For impacted intersections subject to fair-share improvements (refer to Tables 5.13-14 and 5.13- 15), the project Applicant shall participate in the improvements required on a pro-rata, fair-share basis, as indicated in Table 5.13-14 and Table 5.13-15, Future Intersection Improvements and Local Mitigation, prior to the issuance of building permits. Section III Findings Regarding Considerations Which Make Certain Alternatives Analyzed in the EIR Infeasible The following findings and statements of fact regarding project alternatives identified in the Em are set forth to comply with the requirements of Section 15091 (a) (3) of the CEQA Guidelines. The consideration of alternatives is an integral component of the CEQA process. The selection and evaluation of a reasonable range of alternatives provides the public and decision-makers with information on ways to avoid or lesson environmental impacts created by a proposed project. When selecting alternatives for evaluation, CEQA requires alternatives that meet most of the basic objectives of the project while avoiding or substantial lessening the significant effects. The CEQA Guidelines state that a suitable alternative, which should be considered for some projects, is an alternative location. The City of Bakersfield Recreation and Parks Department choose the project site because the City owns the land, the property is within the incorporated City boundary, is easily accessible, is located near to existing infrastructure including Wastewater Treatment Plant No.3, has been disturbed by historic agricultural activity, and is already planned for public use. The Project's trails plan linking development areas to the project site has been approved by the City. The trails will provide safe and convenient access to the site by pedestrians and bicyclists. No other property offers the same opportunities that exist at the currently planned location. Moreover, the cost of land is too high for the City to acquire a similarly sized parcel elsewhere within the incorporated City boundary. For these reasons, the off-site alternative was removed from further consideration. Analysis of a range of alternatives has been performed to provide information on ways to lessen or avoid the impacts of the proposed Sports Village. Three alternatives are analyzed in the Draft EIR including: (1) the No Project/No Development Alternative; (2) the Reduced Density Alternative (25%);(3) the Reduced Density Alternative (50%). Of these alternatives, the No Project/No development Alternative is considered the environmentally superior alternative. Section 15326(d)(2) of the CEQA Guidelines indicates that, if the No Project Alternative is the "environmentally superior" alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. In this instance, Alternative 2 (Reduced Density 18 ~ ~f>,Kc-9 o ~ .)... - I- m - r- <..) C ORIGINAL e e Alternative (50%)) is considered environmentally superior to the proposed project. However, this alternative would not go as far toward meeting any of the basic project objectives rendering this alternative infeasible. Section IV Findings Regarding Growth Inducing Impacts In general terms, a project may foster spatial, economic or population growth in a geographic area if it meets anyone of the criteria that are identified below. · The project removes an impediment to growth (e.g., the establishment of an essential public service, or the provision of new access to an area); . The project results in the urbanization of land in a remote location (Leap-Frog Development); · Economic expansion or growth occurs in an area in response to the project (e.g., changes in revenue base, employment expansion, etc.); . The project establishes a precedent setting action (e.g., a change in zoning or general plan amendment approval). The project site is located within the City of Bakersfield Boundary. The proposed project intends to create a high-quality community that provides needed housing stock for the rapidly growing Bakersfield community in a manner consistent with the goals and policies of the Bakersfield General Plan Principles for New Urban Areas, which describes a need for mixed-use centers as a model for the growing Metropolitan Bakersfield. In addition, the project is located adjacent to existing and approved development and represents a logical extension of the development pattern. The property can be afforded all necessary municipal services and supporting infrastructure without major expansions to existing systems. Given the above, the project is not considered to be growth inducing. Section V Findings Regarding Significant Irreversible Environmental Changes Uses of nonrenewable resources during the initial and continued phases of a proposed project may be irreversible if a large commitment of these resources makes their removal or non-use thereafter unlikely. According to Section 15126(f) of the CEQA Guidelines, the irretrievable commitment of such resources is to be evaluated to assure that their current consumption by a proposed project is justified. Approval of the proposed Bakersfield-Taft LLC Project will commit some presently undeveloped lands, to urban uses. The commitment of undeveloped land to urbanized uses is, essentially, and irreversible environmental change. In addition, construction of the proposed land uses would contribute to the incremental depletion of resources, including renewable as well as slowly- or non-renewable resources. Resources, such as lumber and other forest products, as well as water, are generally considered renewable resources. Such resources would be replenished over the time it is anticipated for the project to become fully built out and occupied. For example, lumber supplies are increased as seedlings mature into trees, while water supplies are replenished as water is redistributed 19 ~ ~f>,K~~ () % ,).... - I- m - r- <..) C ORIGINAL e e through the action of the hydrologic cycle. Given this, the development of the project would not result in the irreversible commitment of renewable resources, although there would be an incremental increase in the demand for them over its lifetime. The resources consumed by the proposed project would be used to meet the need for a wide array of recreational opportunities created by growth within the City. These resources would likely be committed to other projects in the region intended to meet this demand if the proposed project was not developed. Further, the investment of resources in the proposed project would be typical of the level of investment normally required for a project of this scale. Provided that all standard building codes, including energy conservation standards, are followed, no wasteful use of energy of construction resources is anticipated. Section VI Miscellaneous Findings Facts in Support of Findings Revisions to the Draft EIR have been made as a result of the comments submitted on the Draft EIR. These revisions only clarify, amplify, or make insignificant modifications to the conclusions reached in the Draft EIR. None of these revisions represent significant new information that would result in the identification of a new significant impact or an increase in severity of such an impact, from either the projects or from a new mitigation measure proposed for implementation as part of the projects. Nor do these revisions include a new mitigation measure to reduce a significant impact that has been declined by the project applicant. Findings The Planning Commission of the City of Bakersfield finds that Section 15088.5 of the State CEQA Guidelines did not require recirculation of the Draft EIR, as the revisions made to the Draft EIR merely clarified or amplified information found in that document. 20 ~ ~M~"9 o ~ .)... - I- rn _ r- (.) C ORIGINAL Exhibit E Statement of Overriding Considerations ~ ~f>,Kc-9 o ~ .:>.. .." ~ iii - r- o C ORIGINAL STATEMENT OF OVERRIDING CONSIDERA nONS As set forth in the preceding sections, the City's approval of the Project will result in significant adverse environmental impacts that cannot be avoided even with the adoption of all feasible mitigation measures. Despite the occurrence of these effects, however, the City chooses to approve the Project because, in its view, the economic, social, and other benefits that the Project will product will render the significant effects acceptable. The following statement identifies why, in the City's judgment, the benefits of the Project, as approved, outweigh its unavoidable significant effects. Anyone of these reasons is sufficient to justify approval of the Project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City would stand by its determination and each individual reason is sufficient. The substantial evidence supporting the various benefits can be found in the preceding findings, which are incorporated by reference into this section, and into the documents found in the Record of Proceedings. The City finds that the Project would have the following economic, social, and environmental benefits: Provision of Needed Housing The project would provide housing needed to accommodate projected demographic growth in an area that offers a full range of municipal services and is located next to a major transportation corridor. Provision of Jobs Project construction and operation will generate jobs for the community. 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'8 .s.B f fij.s ~ ! .8] ~ ~ ~ R:; ~ 'i .8 8: 1 ~ .8]! fl ~ 6l~::SP:: ~i.c e ~-<... m ~ lIJ III '.cl (f) ~ II) ::a :!: ~:!: :;J an an an 8 N ~ ~ ~ . ~ Q ~Mc-'9 ~ ~ >- - ~ "' <3 G 9F"~INAl 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 17th day of l \aA'\ 1l1LVl) , ,2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4486 ,passed by the Bakersfield City Council at a meeting held on the 16th day of lJahLlulHljJ 2008 and entitled: AN ORDINANCE ADOPTING AMENDING SECTION 17.06.020 OF TITLE 17 OF THE MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY TO BE ANNEXED INTO THE CITY GENERALLY LOCATED BY STATE ROUTE 119 (TAFT HIGHWAY) ON THE NORTH, CURNOW ROAD TO THE SOUTHE, OLD RIVER ROAD TO THE EAST AND BUENA VISTA ROAD TOT HE WEST FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 235 ACRES AND A TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 78 ACRES (ZC 05-1420) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By:"-Il~ ~LA-Jli2A~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP .ORD. wpd 1/17/2008 ~ ~fl-K~-9 o ~ >- -- f- rTl _ r- o 0 ORIGINAL r-'~--.'--<-._---- i POSTED ON ORDINANCE NO. 4 4 .86 -.-JMoe AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE by City ~Ierk's Office SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE . City ~f CHANGING THE LAND USE ZONING OF THAT CERTAIN Bakersfield . PROPERTY TO BE ANNEXED INTO THE CITY OF Lby_ 1--- I BAKERSFIELD GENERALLY LOCATED BY STATE ROUTE 119 ----- (SR-119) (TAFT HIGHWAY) ON THE NORTH, CURNOW ROAD TO THE SOUTH, OLD RIVER ROAD TO THE EAST AND BUENA VISTA ROAD TO THE WEST FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 235 ACRES AND A TO R-2 (LIMITED MULTIPLE FAMILY DWELLINGS) ON 78 ACRES (ZONE CHANGE NO. 05-1420). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield , Planning Commission held a public hearing on a petition to change the land use zoning of that certain property to be annexed into the City of Bakersfield generally bounded by State Route 119 (SR-119) (Taft Highway) on the north, Curnow Road to the south, Old River Road to the east and Buena Vista Road to the west; and WHEREAS, by Resolution No. 180-07 on September 20, 2007 and on October 4, 2007, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1420 as delineated on attached Zoning Map 142-06 marked Exhibit "A" by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact regarding the environmental impacts of the proposal and zoning of the subject property from A (Agriculture) to R-1 (One Family Dwelling) on 235 acres and A to R-2 (Limited Multiple Family Dwellings) on 78 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and, therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CECA); and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 180-07, adopted on September 20, 2007 and October 4, 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 ~M~-9. responsible agencies and property owners within 300 feet of the project ~ ~ ~ ~ o 1:1 ORIGINAL