HomeMy WebLinkAboutRES NO 035-08
RESOLUTION NO. 0 3 5 0 8
RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD,
CERTIFYING IT HAS RECEIVED, REVIEWED, EVALUATED AND
CONSIDERED THE INFORMATION CONTAINED IN THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE TEN SECTION PROJECT,
GENERAL PLAN LAND USE AND CIRCULATION ELEMENT AMENDMENTS
AND CONCURRENT ZONE CHANGE NO. 05-1580 AND CERTIFYING THAT
THE FINAL ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED
IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA), THE STATE CEQA GUIDELINES, AND THE CITY OF
BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES, AND MAKING
FINDINGS AND ADOPTING A MITIGATION MONITORING PLAN. (WARD 5,
UPON ANNEXATION)
WHEREAS, the Planning Commission of the City of Bakersfield in S()C()rdance with the
prewtsions of Section 65353 of the Government Code, held a public hearing on Monday, June 18,
2007 and Thursday, June 21,2007, on the certification of the Final Environmental Impact Report
(EIR) for the Ten Section Development, Project No. 05-1580 for the proposed amendment to the
Lane Use and Circulation Elements of the Metropolitan Bakersfield General Plan and the proposed
zone change, notice of the time and place of hearing having been given at least ten (10) calendar
days before said hearing by publication in The Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, Jim Manley, 10 Section LLC, made an application for a general plan
amendment for property generally bounded by the McAllister Ranch Specific Plan development to
the north, the Kern Water Bank to the east and south, Panama Lane to the north and Nord Avenue
to the west, as shown in attached Exhibit "A," to allow development of single family developments on
approximately 220-acres, more specifically state as follows:
General Plan Amendment 05-1580:
Jim Manley, 10 Section LLC, has applied to amend the Land Use and Circulation
Elements of the Metropolitan Bakersfield General Plan from R-MP (Resouroe-
Mineral and Petroleum) and OS (Open Space) to LR (Low Density Residential) on
220 acres of land; and a General Plan Circulation Element Amendment eliminating
an unnamed existing east-west collector road that currently transverses the site,
reclassifying the arterial designation for Nord Avenue to both a collector road
(Chamaeleon Road) and a local road (Alea Road) approximately 140 feet south of
Panama Lane, and proposing a collector road (Canfield Parkway) from Panama
Lane through the central portion of the Project site.
Zone Chanae No. 05-1580:
A request for a concurrent zone change from an A (Exclusive Agriculture) zone to an
R-1 (One Family Dwelling) zone on 220 acres.
WHEREAS, for the above-described project, it was determined that the proposed project
may have a signifICant effect on the environment and, therefore, an EIR was required for the project
in accordance with the California Environmental Quality Act (CEOA); and ~ME
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WHEREAS, the City of Bakersfield retained the professional 'Consulting servioes of RBF~ ~
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Consulting to prepare the Initial Study, EIR and related documents; and
WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on October 3,
2006, for a 30-day review period in accordance with CEQA; and
WHEREAS, a Public Scoping hearing was held on October 16, 2006, to receive input from
the public and agencies on the Initial Study and scope of the Draft EIR; and
WHEREAS, a Draft EIR was prepared and circulated to interested parties and agencies and
a notice of availability was sent to property owners within 300 feet of the project site and all those
who requested notification at the Planning Commission public hearing(s) or requested special notice
to the Development Services Department on January 30,2007, in accordance with CEQA for a 45-
day review period which ended on March 19, 2007, in accordance with Section 15087 of the State
CEOA Guidelines; and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the Draft
EIR was submitted to the State Clearinghouse (SCH #2006101007) on, February 1, 2007, to start
the 45-day review period to end on March 19, 2007, in accordance with CECA; and
WHEREAS, the public hearing on the Draft EIR was held during the latter half of the public
review period as is required by the City of Bakersfield CECA Implementation Procedures; and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of the City of Bakersfield CECA Implementation Procedures, held a public hearing on
Thursday, March 1, 2007, on the adequacy of the Draft EIR; and
WHEREAS, on June 7, 2007, the Final EIR was completed and notice of its availability was
made to interested parities and agencies; and
WHEREAS, on June 21,2007, the Planning Commission considered the Final EIR; and
WHEREAS, on June 21, 2007, the Planning Commission did not recommend certification of
the Final EIR for Ten Section Development, Project No. 05-1580 and this Council has fully
considered the findings made by the Planning Commission as set forth in that Resolution and as
restated herein; and
WHEREAS, based on comments received prior to and at the June 21, 2007, Planning
Commission Hearing, the Planning Commission did not recommend certification of the Final EIR;
and
WHEREAS, the environmental record prepared in conjunction with the project includes the
following:
1. The Notice of Preparation, Draft Environmental Impact Report, and Final
Environmental Impact Report;
2. All staff reports, memoranda, maps, letters, minutes of meetings relating to the
project;
3. All testimony, documents and evidence presented to the City by consultants working
with the City relating to the project;
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4. The proceedings before the Planning Commission relating to the project, the Draft
EIR and the Final EIR, including testimony and documenting evidence introduced at
the public hearings; and
5. Matters of common knowledge to the Planning Commission which it 'Considered
including but not limited to the following:
a) The Metropolitan Bakersfield General Plan;
b) The City of Bakersfield Zoning Ordinance;
c) The City of Bakersfield Municipal Code;
d) Other formally adopted policies and ordinances of the City of Bakersfield;
and
WHEREAS, the applicant appealed the Planning Commission decision to deny the project;
and
WHEREAS, the Council has considered and hereby makes the following findings:
1. The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by City staff
and the City Council; and
2. In accordance with State CEQA Guidelines Section 151'51, the City Council
considered the following direction regarding "standards for adequacy" of an EIR:
An EIR should be prepared with a sufficient degree of analysis to provide decision-
makers with information, which enables them to make a decision which intelligently
takes account of environmental consequences. An evaluation of the environmental
effects of a proposed project need not be exhaustive, but the sufficiency of an ErR is
to be reviewed in the light of what is reasonably feasible. Disagreement among
experts does not make an EIR inadequate, but the EIR should summarize the main
points of disagreement among the experts. The .courts have looked not for
perfection but for adequacy, completeness, and a good faith effort at full disclosure;
and
3. In accordance with CEQAGuidelines Sections 15151 and 1S090, theFinalEtR was
considered for adequacy, completeness and good faith effort at full disclosure and
has been completed in compliance with CEOA; and
4. Attached Exhibit "B" containing the "Statement of Facts and f=indings" including
Statement of Overriding Considerations are appropriate and incorporated into the
project; and
5. Attached Exhibit "e" containing the "Mitigation Monitoring Plan" is incorporated into
the project; and
WHEREAS, in accordance with State CEQA Guidelines Section 15132, the Final 'EIR
consists of the following:
1. The Draft EIR;
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2. Comments and recommendations received on the Draft EIR either verbatim or in
summary;
3. A list of persons, organizations and public agencies commenting on the Draft 'EIR;
4. The responses of the Lead Agency to signifICant environmental points raised in the
review and consultation process; and
WHEREAS, the Final EIR for Ten Section Development, Project No. 05-1580 was pr~pared
in accordance with State CEQA Guidelines Section 15132; and
WHEREAS, in accordance with State CECA Guidelirles Section 15151 the City Council
considered the following direction regarding "standards for adequacy" of an EIR:
State eEQA Guidelines Section 15151:
An EIR should be prepared with a sufficient degree of analysis to provide decision-mak~rs
with information which enables them to make a decision which intelligently takes account of
environmental consequences. An evaluation of the environmental effects of a proposed
project need not be exhaustive, but the sufficiency of an EIR is to be r~viewed in the light of
what is reasonably feasible. Disagreement among experts does not mak~ an EtR
inadequate, but the EIR should summarize .the main points of disagreement among the
experts. The courts have looked not for perfection but for adequacy, completeness, and a
good faith effort at full disclosure; and
WHEREAS, in accordance with State CEQA Guidelirles Section 15090 the lead agency (City
of Bakersfield) shall certify that:
(a) The Final EIR has been completed in compliance with CEOA; and
(b) The Final EIR was presented to the decision-making body of the Lead Agency and
that the decision-making body reviewed and considered the information contained in
the Final EIR prior to approving the project.
WHEREAS, in accordance with State CECA Guidelines Sections 15151 and 15090, the
Final EIR was considered for adequacy, completeness and good faith effort at full disclosure and
has been completed in compliance with CEQA; and
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
1. The City Council hereby certifies that it has received, reviewed, evaluated and
considered the information contained in the Final EIR for Ten Section Development,
Project No. 05-1580.
2. The City Council hereby certifies the Final EIR for Ten Section Development, Project
No. 05-1580.
3. The above recitals and findings incorporated herein by reference are true and
correct and constitute the Findings of the City Council in this matter.
4. That all required notices have been given.
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5. The provisions of CECA have been followed.
6. The City Council hereby finds the mitigation incorporated into the project avoids
impacts or mitigates impacts to a less than significant level.
7. Certain environmental impacts regarding aesthetics, light and glare, and traffIC and
circulation are considered unavoidable and cannot feasibly be mitigated to a less
than significant level. Moreover, the project alternatives analyzed in the Final EIR
would not feasibly mitigate the impacts. A Statement of Overriding Considerations is
being adopted for aesthetics, light and glare, and traffic and cir-culation.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on the 27th day of February,
2008 by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER~. CARS'ON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER 1\~
COUNCILMEMBER ~
COUNCILMEMBER C J7~
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio e
eouncil of the City of Bakersfield
APPROVED
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY:~ 71 ~~
EXHIBIT A
B
C
Location Map
Statement of Facts and Findings
Mitigation Monitoring and Reporting Checklist
JS:\\S:\GPA 2nd 2007\05-1580 (Ten Section EIR)\Resolutions\CC]EIR Resolution 05-1580.Approval.doc
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Exhibit A
Location Map
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Exhibit B
Statement of Facts and Findings
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FINAL
FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS
FOR THE
TEN SECTION PROJECT EIR
GPAlZC NO. 05-1580
SCH # 2006101007
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BAKERSFIELD
Lead Agency:
CITY OF BAKERSFIELD
1715 Chester Avenue
Bakersfield, California 93301
Contact: Mr. Marc Gauthier
Principal Planner
(661) 326-3786
Prepared by:
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CONSULTING
14725 Alton Parkway
Irvine. California 92618
June 2007
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TABLE OF CONTENTS
EXHIBIT A - STATEMENT OF FACTS AND FINDINGS ............................................................1
I. Introduction ....................................................................................... ............... ...1
II. Project Description............................................ ............................... ....................2
III. Findings with Respect to Significant Effects ........................................................2
IV. Findings with Respect to the Environmental Review Process ..............................4
V. Findings Regarding Impacts Determined to be Insignificant in
the Initial Study/Notice of Preparation................ .............. .......... .......... .......... ......5
VI. Findings Regarding Effects Determined to be Insignificant
or Less Than Significant......................................... ........... ........ ............. ............ 12
VII. Findings Regarding Effects Determined to be Mitigated
to Less Than Significant Levels..... .......................... ..... ...... .............. ....... ..... ...... 28
VIII. Findings Regarding Infeasibility of Mitigation Measures
for Significant Impacts... .................................................................................... .68
IX. Finding Regarding Alternatives ....... ............. ...................... ................................73
EXHIBIT B - STATEMENT OF OVERRIDING CONSIDERATIONS .........................................77
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EXHIBIT A
STATEMENT OF FACTS AND FINDINGS
I. INTRODUCTION
The following statement of facts and findings have been prepared in aocordanoe with the
ealifomia Environmental Quality Act (CEQA) and Public Resour-oes Code Section
21081. eEQA Guidelines Section 15091 provides that:
"No publiC agency shall approve or carry out a project for which an
environmental impact report has been certifed which identifIeS one or more
significant effects on the environment that would occur if the project is
approved or carried out unless the public agency makes one or mote of the
following findings:
The following potential significant impacts of the proposed Project have been separated
into three categories:
(1) Those potential impacts that have been determined to be less than
significant, based on review of available information in the Project record,
and in consideration of existing standard deW!lopment review
requirements and existing codes and regulations;
(2) Those potential impacts that could be mitigated to a level that is
considered less than signifteant with the implementation of the
recommended mitigation measures; and
(3) Those potential impacts that could not be reduced to a less than
significant level with the implementation of the existing poltcies and
standards and the recommended mitigation measures.
For potentially significant impacts {categories (2) and (3) above), the City of Bakersfield
("eity") has made one of the following three findings for each potentially signifICant
impact and provides facts in support of each finding in aocordanoe with ceQA
Guidelines Section 15091:
a. Changes or alterations have been required in, or incolpOrated into, the
Project which mitigate or avoid the signifICant effects on the environment.
b. Those changes or alterations required in the Project to mitigate or avoid
significance environmental effects are within the responsibility and
jurisdiction of another public agency and have been, or <can and should
be, adopted by that other agency.
c. SpecifiC economic, social, or other considerations make infeasible the
mitigation measures or Project altematives identifted in the final
environmental impact report. "
The Final 'EIR for the Ten Section Project identifieS .oertain significant environmental
effects which may occur as a result of the Project. Therefore, findings Sf'e set forth
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herein pursuant to Section .t5091 of the CECA Guidelines. The Summary of Mitigation
Measures is based in part on the requirements contained in Section 21081.6 of the
Public Resources eode (see Exhibit B). A Mitigation Monitoring Program will be
adopted as part of the Resolution.
II. PROJECT DESCRIPTION
The proposed Project site is located within the southwestem portion of Metropolitan
Bakersfield, within unincorporated Kem eounty, ealifomia. The Project site is generally
located south of Panama Lane and east of Nord Avenue. The Project site is loca~ in
the western portion of Section 28, Township 30 South, Range 26 East, Mount Diablo
Base and Meridian (MDBM). The Project site is surrounded by the McAllister Ranch
SpecifiC Plan development to the north, the Kem Water Bank to the east and south and
the Ten Section Oil Field to the west.
The 220-acre Project site consists primarily of vacant land with low to moderate weed
and shrub growth. Several dirt roads traverse the Project site. Eleven oil wells are
present within the Project site. Of the 11 oil wells, one is idle, while the r:emaining
facilities were previously abandoned. No drilling islands are located on the Project site.
Several pipelines associated with oil drilling activities traverse the Project site. The
Project site includes the eastem portion of the Ten Section Oil Field and historically
operated as an active oil field. The topography of the site is relatively flat, with elevations
ranging from approximately 325 feet above mean sea level (msl) in the southwest corner
to 333 feet above msl in the northeast comer.
The Project site has an existing Metropolitan Bakersfield General Plan land use
designation of R-MP (Resource - Mineral and Petroleum) and OS (Open Spa<:e) and is
zoned by the County of Kern as A (Exclusive Agriculture).
The proposed Project involves actions necessary for a General Plan Land Use Element
Amendment (GPA) to modify the land use designation for the Project site, Zone Change
(ze) , eirculation Element Amendment to eliminate the arterial designation of Nord
Avenue into a local road from approximately 140 feet south Panama Lane to the
intersection of the future eanfield Parkway, and annexation of approximately 220 acres
within unincorporated Kern eounty into the corporate limits of the City of Bakersfield.
The proposed Project is situated within the current Sphere of Influence {SOl) boundary
identified in the Metropolitan Bakersfield General Plan.
The GPA would change the current land use designation on-site from R-MP (Resource-
Mineral and Petroleum) and OS (Open Space) to LR (Low Density Residential). The ZC
would modify the County of Kern zoning designation of A (Exclusive Agriculture) to City
of Bakersfield zoning of R-1 (One Family Dwelling) within the Project site.
The annexation would incorporate the Project site into the eity of Bakersfield
boundaries. The GPA and ze would permit development of approximately 788 single-
family residential dwelling units on the approximately 220-acre Project site. The Project
proposes to develop the dwelling units with densities ranging from 3.5 to 3.75 units per
acre utilizing lot sizes of 6,000, 7,000 and 8,000 square feet. The Project also proposes
one 6.2-acre neighborhood park within the .central portion of the Project site and two
detention basins (a total of 3.1 acres) are proposed south of the park. Additionally, a '50-
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foot by 252-foot (12,600 square foot) easement is set aside for the idle oil drilling well
within the Project site. All pipelines within the Project site will be rerouted from the
Project site and an easement shall be granted.
The Circulation Element Amendment proposes to eliminate the collector road that
currently traverses the site from east to west and reconfl9ure the road to extend from
Panama Lane south through the central portion of the Project site and curve west to
connect with Nord Avenue. This road will be Canfield. Parkway. Two extensions off
Canfield Parkway are also proposed. One will extend to the eastem boundary of the
Project site and the other to the western boundary of the Project site. Additionally, the
eirculation Element Amendment will eliminate the arterial designation for Nord Avenue
along the westem boundary of the Project site and redesignate the road as a local road
from approximately 140 feet south Panama Lane south to the intersection of Nord
Avenue and future Canfield Parkway, as approved by the City of Bakersfield Public
Works Department. From Canfield Parkway to the southern boundary of the Project'Sile,
Nord Avenue will be designated a collector. Nord Avenue will be eliminated from
Panama Lane to approximately 140 feet south, where Nord Avenue will curve into the
Project site. With the connection of Nord Avenue to Panama Lane removed, eanfield
Parkway will be the north-south connection to Panama Lane and McAllister Ranch. The
designation for the existing road along the eastern boundary of the Project site will be
changed from collector to local. The Project's circulation element will be consistent and
will connect to the future development of the McAllister Ranch SpecifIC Plan. The
Project's proposed eanfield Parkway connector will extend north of Panama Lane and
connect the Project to the McAllister Ranch Specific Plan development. Additionally,
bike lanes are proposed to be implemented, as appropriate, along roadways when full
improvements are completed. Specifically, a ten foot wide concrete multi-use trail is
proposed on eanfield Parkway between Panama Lane and Carolita Street. This trail will
connect to the proposed trails in McAllister Ranch.
III. FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS
The City of Bakersfield, as Lead Agency and decision-maker for the Project, has
reviewed and considered the information contained in both the Draft and 1=inal EIRs
prepared for the Ten Section Project and the public record. The Lead Agency makes
the following finding pursuant to eEQA and the CEOA Guidelines:
1. The eity of Bakersfield, as Lead Agency and decision-makers, having
reviewed and considered the information contained in the Draft and Final
EIRs prepared for the Ten Section Project and public records, finds that
changes or alterations to the Project will avoid or substantially lessen
potentially signifICant environmental impacts. These changes or
alterations are related to the implementation of the mitigation measures
detailed in this document.
2.
The eity of Bakersfield, as Lead Agency and decision-makers, finds that
significant and unmitigable impacts on Aesthetics, Light and Glare, TraffIC
and eirculation, and Air Quality may occur with future development in
conjunction with implementation of the Ten Section Project. This finding
requires that the Lead Agency issue a "Statement of Overriding
eonsiderations" under Section 15093 and 15126(b) of the StiNe CEOA
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Guidelines if the Lead Agency wishes to proceed with approval of the
Project.
IV. FINDINGS WITH RESPECT TO THE ENVIRONMENTAL REVIEW PROCESS
The eity of Bakersfield, acting as Lead Agency for the environmental review of the
Project, makes the following findings with regard to the environmental review process
undertaken to analyze the potential environmental impacts of the Project:
1. In accordance with Section 10563(a) of the CEOA Guidelines, as
amended, the eity of Bakersfield undertook the preparation of an Initial
Study. The Initial Study determined that a number of environmental issue
areas may be impacted by the construction and implementation of the
Project. As a result, the Initial Study determined that the Draft EIR shou1d
address the Project's significant impacts.
2. Pursuant to the provisions of Section 15Q82 of the State CECA
Guidelines, as amended, the eity of Bakersfield, as L-ead Agency,
circulated a. Notice of Preparation (NOP) to. public agencies, special
districts, and members of the public requesting such notice for a 3O-clay
period commencing on October 2, 2006, and concluding on October 31,
2006.
3. During the circulation period for the NOP, the eity of Bakersfield, as Lead
Agency, advertised and conducted a public scoping meeting on October
16, 2006, at the eity of Bakersfield Development Services Department
Building, eonference Room.
4. A Draft EIR was prepared which analyzed project-related impacts related
to the following environmental issue areas: land use and relevant
planning, mineral resources, public health and safety, aesthetics, light
and glare, traffic and <:irculation, noise, air quality, biological reso u roes ,
cultural resources, public services and utilities, geologic and seismic
hazards, and hydrology and water quality. Growth-inducing impacts,
project altematives and cumulative effects were also analyzed in the Draft
EIR.
5. During the Draft EIR's public review period, which began on February 1,
2007 and concluded on March 19, 2007, the City of Bakersfield held a
noticed public hearing on March 1, 2007 regarding the Draft EIR. The
public was afforded the opportunity to orally comment on the Draft EIR at
the public hearing, and the testimony was consider.ecl by the decision-
makers. Upon the close of the public review period, the Lead Agency
proceeded to evaluate and prepare responses to all written comments
received from both citizens and the public agency during the public review
period.
6.
The aforementioned comments and responses and other information
consistent with the requirements of Section 15132 of the State CEOA
Guidelines, as amended, -comprise the 'Final EIR. Following <x>mpletion
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of the Responses to Comments document, the Lead Agency's responses
to the comments received from the public agencies were transmitted to
those public agencies for consideration at least 10 days prior to the Final
EIR's certification.
V. FINDINGS REGARDING IMPACTS DETERMINED TO BE INSIGNIFICANT IN THE
INITIAL STUDY/NOTICE OF PREPARATION
The City of Bakersfield conducted an Initial Study in September 2006, to determine
significant effects of the project. In the course of this evaluation, certain impacts of the
project were found to be less than significant due to the inability of a project of this scope
to create such impacts or the absence of project characteristics producing effects of this
type. The effects determined not to be significant are not included in primary analysis
sections of the Draft EIR.
AESTHETICS. Would the proposal:
Have a substantial adverse effect on a scenic vista?
The proposed Project site is relatively flat with no signifICant topographic relief or
features. Vacant land is currently present to the north of the Project site. However, this
land will be developed with residential uses as part of the future McAllister Ranch
Specific Plan. The areas to the east and south of the Project consist of vacant land.
The Ten Section Oil Field is present to the west of the Project site. The site is not
designated as a scenic vista or located along a designated scenic highway, as defined
by the Metropolitan Bakersfl8ld General Plan. Therefore, Project implementation would
not have a substantial adverse effect on a scenic vista.
Substantially damage scenic resources, including, but not limited to, t188S, rock
outcroppings, and historic buildings within a state scenic highway?
As discussed above, the proposed Project site is currently vacant. No rock outcroppings
are located on-site, nor is the Project site adjacent to or near any state highway
designated or eligible to be listed on the ealifornia Department of Transportation
(ealtrans) State Scenic Highway System (eSSHS) (Caltrans 1999). The eSSHS
designates highways depending on the quantity of natural landscape that aln be seen
by travelers, the scenic quality of the landscape from a given segment of roadway, and
the extent to which development intrudes upon the traveler's enjoyment of the view. The
Project site is not located within or adjacent to any such landscape. As no scenic
resources (inCluding trees, rock outcroppings, and historic buildings) or state scenic
highways are located on or near the proposed Project, impacts in this regard would be
less than significant.
Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
The proposed Project would involve the development of the Project site with urban
development typical of other residential development in the region and 'Surrounding
areas. The Project site is currently vacant and contains no sources of light. However,
light and glare are currently generated from vehicular uses along Panama Lane. The
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GPAlZC 05-1580
SCH NO. 2007101007
BAKERSfiELD
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introduction of new lighting from the proposed Project would include lights within and
around the proposed residential neighborhood, consisting of typical street lighting,
construction lighting, light/glare from motor vehicles, and security lighting on the various
structures that would be developed. eompliance with City of Bakersfield standard design
practices would minimize light and glare impacts. Less than significant impacts are
. anticipated.
AGRICULTURAL RESOURCES. In determining whether impacts to agricultural
resources are significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment Model (1997)
prepared by the California Department of Conservation as an optional model to
use in assessing impacts on agriculture and farmland. Would the Project:
Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as
shown on the maps prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-agricultural use?
Prime agricultural land is defined as land that contains the best combination of physical
and chemical characteristics for crop production. It has. the soils quality; growing
seasons, and moisture supply needed to produce sustained high yield crops when
treated and managed, including water management, according to current farming
methods. According to the Metropolitan Bakersfield General Plan EIR and the soil unit
description included in the Kern County California Soil Survey for the Northwestern
Region, the entire site is included in this category.
Although designated as prime farmland, based on the soil types present on-site, other
criteria used to define prime farmland is not present. The Project site has not been used
for agricultural production since it is part of a designated oil field. The site is not under
agricultural production or a Williamson Act Land Use eontract. Therefor.e, the Project
site is not subject to land use restrictions aimed at avoiding the conversion of agricultural
lands to other uses. The proposed Project will not have an impact on prime, unique, or
important agricultural resources.
Conflict with existing zoning for agricultural use or a Williamson Act Contract?
The proposed Project site has a eounty of Kem zoning designation of A (Exclusive
Agriculture); however, the Project site does not consist of agricultural uses, nor is it
under a Williamson Act Land Use eontract. The Project site is part of a Oivision of Oil,
Gas and Geothermal Resources (DOGGR) oil field which has been in operation for over
20 years. The GPA and ze being proposed are typical of the incremental growth of
urban development within the eity's SOl; therefore, no impacts will r:esult from the
proposed Project.
Involve other changes in the existing environment which, due to their location or nature,
could result in conversion of Farmland, to non-agricultural use?
The Project site is vacant and therefore would not convert existing farmland to non-
agricultural uses. The surrounding land to the north is proposed for the McAllister Ranch
Specific Plan, and the Kern Water Bank is located to the east and south of the site, west
of the Project is the Ten Section Oil Field and the western portion of the Project site is K
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included as the historical oil field as well. Therefore, conversion of the Project site to
residential uses would not result in individual or cumulative impacts to farmland.
AIR QUALITY. Where available, the significance criteria established by the
applicable air quality. management or air pollution control district may be relied
upon to make the following determinations. Would the project:
Create objectionable odors affecting a substantial number of people?
Construction activities associated with the Project may generate detectable odors from
heavy-duty equipment exhaust. Odors associated with diesel and gasoline fumes are
transitory in nature and would not create objectionable odors affecting a substantial
number of people. The impacts from these odors would be short-term, would cease
upon Project completion, and are not anticipated to be significant.
GEOLOGY AND SOILS. Would the project:
Expose people or structures to potential substantial adverse effects, including the risk of
loss, injury, or death involving:
Rupture of a known earthquake fault,. as. delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault? Refer to Division of Mines
and Geology Special Publication 42.
The eity of Bakersfield is located within a seismically active area. According to the
Metropolitan Bakersf/8ld General Plan, major active fault systems border the southern
portion of the San Joaquin Valley, with the San Andreas 'Fault being the most prominent.
Other fault systems occur in the Bakersfield area and include the Garlock 'Fault, White
Wolf Fault, Breckenridge-Kem eanyon Fault System, Pond-Pose Creek 'Fault, Sierra
Nevada Fault, Big Pine Fault, Pleito Fault, Santa Ynez Fault, and the 'San Gabriel 'Fault.
The Alquist-Priolo Earthquake Fault Zoning Act was passed in 1972 to mitigate the
hazard of surface faulting to structures used for human occupancy. Under the Alquist-
Priolo Act, the ealifomia State Geologist identifies areas in the State that are at risk of
from surface fault rupture. The Alquist-Priolo Earthquake Fault Zones on file with the
County of Kern show areas that have been designated by the State as locations where
future planning efforts should consider the possibility of fault rupture along specifiC or
potentially active faults. The zones indicate areas where faults are .considered to have
been active during the past 10,000 years and are considered to have a relative high
potential for surface .rupture from a seismic event. No Alquist-Priolo Earthquake 'Fault
Zones have been identified on or within the immediate vicinity of the Project site.
Future structures proposed on the Project site are required by State law and City
ordinance to be constructed in accordance with the Uniform Building Code (seismic.zone
4, which has the most stringent seismic construction requirements in the United States),
and to adhere to all modem earthquake construction standards, including those relating
to soil characteristics. This will ensure that all seismically,.related hazards remain less
than significant. In add ititm , because of the relatively flat topography of the Project site,
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landslides are not considered to be a potential significant geologic hazard. L.ess than
significant impacts are anticipated, but will be further evaluated in the EIR.
Strong seismic ground shaking?
Refer to response above.
Landslides? .
Because the Project site is located on flat topography and is not located adjacent to any
steep slopes or areas that would otherwise be subject to landslides, impacts from
seismically induced landslides will not occur. Refer to response above.
Result in substantial soil erosion or the loss of topsoil?
The Project site is located on relatively flat terrain and consists of soils that are not
considered highly erosive. The majority of the soil on the Project site is classified as
belonging to the Kimberlina fine sandy loam soil on 0 to 2 percent slopes. The
Kimberlina soil is deep, well drained, and is on alluvial fans and plains. Permeability of
this Kimberlina soils is moderate and available water capacity is high. Runoff is slow
and the hazard for erosion is slight. The alluvium was derived from granite and
sedimentary rock. Thus, the characteristics of the on-site soil types and the relatively flat
terrain do not lend themselves to highly erosive conditions. However, Project grading
would remove or cover existing topsoil and may expose soils to short-term wind and
water erosion. Therefore, impacts associated with erosion and loss of topsoil are
considered potentially significant and will be further evaluated in the EIR.
Be located on expansive soil,as defined in Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or property?
Existing on-site soils consist of Kimberlina fine sandy loam, which does not generally
exhibit characteristics of expansive soils. Impacts are considered less than signiftcant.
Refer to responses above.
Have so;ls incapable of adequately supporting the use of septic tanks or alternative
waste water disposal systems where sewer.s are not available for the disposal of waste
water?
It is not anticipated that septic tanks are present within the Project site. Additionally, the
proposed Project will not be utilizing septic tanks for the development of the proposed
Project. The eity's sewer system will be extended to the ar.ea. Refer to response above.
HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
No existing or proposed schools are located within one-quarter mile of the proposed
Project site. Less than significant impacts.
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SCH NO. 2007101007
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For a project loc.ated within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project result
in a safety hazard for people residing or working in the project area?
The proposed Project site is not located within two miles of a public airport or public use
airport. Therefore, a safety hazard is not expected as a result of the proposed Project.
For a project within the vicinity of a private airstrip, would the project result in a safety
hazard for people residing or working in the project area?
Refer to response above.
Impair implementation of or physically interfere with an adopted emergency response
plan or emergency evacuation plan?
The proposed Project development would ultimately result in single-family residential
dwelling units. A Traffic Management Plan (TMP) would be implemented to ensure that
construction does not interfere with any emergency response or evacuation plans. The
TMP and, if necessary, other traffic control measures will be described in the EIR.
Expose people or structures to a significant risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent to urbanized areas or where residences are
intermixed with wildlands?
The proposed Project site is located in an oil production/agricultural/ vacant setting with
less than significant potential for wildland fires. Much of the existing vegetation would be
removed with implementation of the proposed Project, thereby reducing potential
impacts in this regard.
HYDROLOGY AND WATER QUALITY. Would the project:
Otherwise substantially degrade water quality?
Discharge from the proposed stormwater facilities within the Project site would consist of
non-point sources. Stormwater quality is generally affected by the length of time since
the last rainfall, intensity of rainfall, urban uses of the area, . and the quantity of.
transported sediment. Typical urban water quality pollutants lJ1)ually result from motor
vehicle operations, oil and grease residues, and. careless material storage and handling.
The majority of pollutant loads are usually washed away during the first flush of the
storm occurring after the dry-season period. The Central Valley Regional Water Quality
Control Board (RWOeB) administers the National Pollution Discharge Elimination
System (NPDES) Permit requirements within the Project area. All projects are obligated
to implement structure and non-structural, non-point source pollution control measures
known as Best Management Practices (BMPs) to limit urban pollutants to the maximum
extent practical. Furthermore, the implementation of a Storm Water Pollution Prevention
Plan (SWPPP) would assist in reducing short-term construction impacts. The potential
for the proposed Project to degrade water quality during eonstructionand operations will
be further analyzed in the EIR.
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SCH NO. 2007101007
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Place housing within a 100-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency
Management Agency (FEMA), the proposed Project is located outside of the 100-year
hazard zone. No impacts are anticipated in this regard.
Place within a 100-year flood hazard area structures which would impede or redirect
flood flows?
Refer to response above.
Expose people or structures to a significant risk of loss, injury or death involving flooding,
including flooding as a result of the failure of a levee or dam?
Isabella Dam, which is located approximately forty miles northeast of Bakersfield, has a
capacity to hold 570,000 acre-feet of water. If an earthquake were to occur in the
vicinity, it could result in a break in the dam. This could, under certain conditions, cause
the entire lake storage to be released, which would result in flooding eo square miles of
the Metropolitan Bakersfield area. The Project site is within the Lake Isabella Dam
Failure Inundation Area. It would take approximately eight hours after dam failure. for the
Project site to be impacted by serious flooding. The chance of the dam failing entirely,
with the lake at capacity, was judged as one day in 10,000 years. This is considered a
less than significant impact. As a result of the possible dangers associated with Isabella
Dam, the City of Bakersfield entered the Regular Phase of the National 'Flood insurance
Program (NFIP) as administered by the Federal Emergency Management Agency
(FEMA) on May 1, 1985. In addition, the Isabella Dam is currently undergoing repairs to
minimize potential for dam failure.
Inundation by seiche, tsunami, or mudflow?
There are no large bodies of open water located on or adjacent to the proposed Project
site that may result in seiche or tsunami hazards. Hazards involving tsunamis, seiche,
or mudflows are not expected to affect the development.
LAND USE AND PLANNING. Would the project:
Physically divide an established community?
The surrounding vicinity consists mostly of vacant land or agricultural land. The
approved McAllister Ranch SpecifiC Plan will be constructed to the north of the proposed
Project. The McAllister Ranch project is currently part of unincorporated Kern County,
however is proposed to be annexed into the City of Bakersfield in late 2006, prior to
annexation of the proposed Project. Therefore, once the proposed Project is approved
for annexation, the proposed Project will result the incremental growth of urban
development typical of the area and will not result in the division of the physical
arrangement of a community. Therefore, impacts would be less than signifteant.
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SCH NO. 2007101007
NOISE. Would the project result in:
For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project
expose people residing or working in the project area to excessive noise levels?
The proposed Project site is not located within an airport land use plan or within two .
miles of a public airport or public use airport, or within the vicinity of a private airstrip.
Also, this Project is not located within any area subject to the land use r.estrictions
adopted in the County of Kern 1996 Airport Land Use Compatibility Plan. Therefore,
Project implementation would not expose people to excessive noise generated by
aircraft or airport operations. No impacts would occur.
For a project within the vicinity of a private airstrip, would the project expose people
residing or working in the project area to excessive noise levels?
Refer to response above.
POPULATION AND HOUSING. Would the project:
Displace substantial numbers of existing housing, neoessitating the const1lJCtion of
replacement housing elsewhere?
The proposed Project would not involve the displacement of housing. Curr.ently, the site
IS vacant. The proposed Project would result in future development of housing and
residential uses. No impacts in this regard would occur.
Displace substantial numbers of people, necessitating the construction of replacement
housing elsewhere?
Refer to response above.
PUBLIC SERVICES. Would the project:
Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered govemmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause signiflCBnt
environmental impacts, in order to maintain acceptable service ratios, response times or
other performance objectives for any of the public servioes:
Other public facilities?
The proposed Project could potentially affect other public or govemment facilities, such
as libraries. Because the Project involves a substantial change in the character of land
uses and would general new residents within the eounty, the Project <:ould result in an
increased demand in public facilities. Potential impacts to public facilities and the
potential to build new offices and buildings to serve the public will be evaluated in the
EIR. Due to the size and scope of the proposed Project, implementation would not
significantly affect other govemmental agencies. Less than significant impacts are
anticipated in this regard.
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SCH NO. 2007101007
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TRANSPORTATIONITRAFFIC. Would the project:
Result in a change in air traffic patterns, including either an increase in traffic levels or a
change in location that results in substantial safety risks?
The proposed Project is not located within an airport land use plan or within two miles of
a public use airport. Additionally, because the Project would not contain any high-rise
structures, it does not have the potential to affect air traffic pattems. Therefore, no
impacts would occur.
UTILITIES AND SERVICE SYSTEMS. Would the project:
Be served by a landfill with sufficient pennitted capacity to accommodate the project's
solid waste disposal needs?
Existing solid waste collection services for residential uses are provided within the eity of
Bakersfield by the eity Public Works Department - Solid Waste Division. All solid waste
generated in the eity is disposed of at County operated landfills. The development of
the proposed Project Will generate additional solid waste. within ,theeity and place
demands on the capacity of landfills and transfer stations. The appropriate landfill will be
identified and capacity evaluated in the EIR. Additionally, the proposed Project will
comply with Federal,State, and eounty statues, regulations, and other ordinanGeS
relating to the disposal of solid waste. .
Comply with federal, state, and local statutes and regulations' related to solid waste?
Refer to response above.
VI. FINDINGS REGARDING EFFECTS DETERMINED TO BE INSIGNIFICANT OR LESS
THAN SIGNIFICANT
The eity of Bakersfield finds that based on substantial evidence appearing in the Final
EIR, Technical Appendices and in the administrative record, that the proposed PFOject
would have insignificant or less than significant impacts in the following areas.
LAND USE AND RELEVANT PLANNING
Land Use Compatibility On-slte
5.1-1 Implementation of the proposed Project would result in the phased
elimination of open space as land uses are developed, thus resulting in
potential land use conflicts between urban uses and open space.
Development of the Project site in accordance with the design and policy
standards as set forth by the City of Bakersfield and County of Kern would
reduce impac's ,to a less than significant lev(3/.
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GPAlZC 05-1580
SCH NO. 2007101007
Facts SUDDortina Findinc
Although the entire site is designated and zoned for agricultural uses, no agricultural
activities occur within or immediately adjacent to the Project site boundaries, nor have
agricultural uses historically occurred within the Project site. Therefore, no compatibility
impacts for future on-site residential uses related to agricultural uses would occur.
Future development of on-site uses will consist of 788 residential units and a 6.2-acre
park site and 3.1 acre of detention basin split into two basins. The proposed park and
detention basins will be developed according to applicable Metropolitan Bakersfield
General Plan guidelines, existing ordinances and development standards. An oil well
easement is proposed for the existing on-site idle oil well. This easement will be located
along the southeastern boundary of the Project site and will be approximately 12,600
square feet in size to allow for vehicle access. Adherence to applicable Metropolitan
Bakersfield General Plan and Bakersfield Municipal Code requirements would reduce
potential land use compatibility impacts to less than significant.
Relevant Planning Policies
Consistencv with General Plan Land Use Policies
5.1-3 The proposed Project would require an amendment to the General Plan and a
concurrent change to the County of Kern zoning designation. This would r.esult
in a conversion of approximately 220 acres of open space and oil drilling and gas
production uses to residential uses. The Project has been rev~wed for
consistency with goals and policies as set forth in the General Plan. Analysis
has concluded that impacts are less than signifICant and no mitigation is r.equired.
Facts SUDDortinc Findinc
Overall, Project implementation would not conflict with the land use plan, goals and
strategies of the General Plan. Page 11-2 of the General Plan states that new
development on the periphery of urban Bakersfield is to be focused in five new mixed-
use activity centers located in the southwest, northwest, and northeast. It is expected
that the southwestern center would include a mix of professional offlC8 and retail uses
with moderate-density residential, and would filter outwards to lower suburban-type
densities. The General Plan identifieS a new mixed-use center west of the Project ar.ea
and an intensified activity center to the east. The General Plan states that actual land
use designations for the southwestem center and the areas around it are to be
determined through a more detailed land use and environmental analysis. An in-depth
analysis of the southwestern center is warranted because of the area's growth potential
and its related impacts, including impacts on prime agrtcultural lands. This 'Project EIR
meets the intent of this General Plan recommendation for the southwestern area.
There would be no significant consistency impacts of the proposed Project associated
with the General Plan goals and policies. The Project's consistency with the SJV APCD
AQAP is addressed in Section 5.7, AIR QUALITY.
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Consistencv with Reaional Plans
5.1-4 Implementation of the proposed Project will be consistent with al8a-wide
environmental plans. Analysis has concluded that less than signifICant
impacts would occur in this regard.
Facts SUDDortinc Findinc
The proposed Project was reviewed and determined to be consistent with the following
regional plans: Air Quality Attainment Plan, Metropolitan Bakersfield General Plan
Bikeway Master Plan, Regional Transportation Plan, Solid Waste Management Plan,
Metropolitan Bakersfield Habitat Conservation Plan and Hazardous Waste Management
Plan.
Cumulative Impacts
5.1-5 The proposed Project, combined with other futuf8 development, may
increase the intensity of land uses in the area. Analysis has concluded that
impacts are anticipated to be less than. signifICant and no mitigation is
required. Projects will be evaluated in accordanCe with the Metropolitan
Bakersfield General Plan and on a project-by-project basis.
Facts SUDDortinc Findincs
The anticipated Project impacts in conjunction with cumulative development in the site
vicinity would increase urbanization and r.esult in the loss of open space and mineral
petroleum uses in the local vicinity. Potential land use impacts are site-specific and
require evaluation on a case-by-case basis. This is true with regard to land use
compatibility impacts, which are generally a function of the relationship between the
interactive effects of a specific development site and those of its immediate environment.
Development within the southwestern planning area is anticipated to occur in
accordance with the General Plan and according zoning classifications, potential
cumulative effects upon land use and planning are not anticipated to be signifICant.
MINERAL RESOURCES
Mineral Resource Recovery Sites
5.2-2 Implementation of the Project would not result in the loss of availability of a
locally important mineral resource recovery site. No impact.
Facts SUDDortina Findinc
There is no property within the Project site that is contained within a Mineral Resources
Zone (MRZ). Therefore, the Project will not result in the loss of availability of a locally
important mineral resource recovery site delineated on a local general plan, specific plan
or other land use plan. No impact will occur.
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Cumulative Impacts
5.2-4 The Project, combined with future development, may 1esult in the cumulative
loss of mineral resources and mineral resource recovery sites that would be
of value to the region and the residents of the state. Less. than signifICant
impact.
Facts SUDDortino Findino
eumulative impacts to mineral resources would occur if the cumulative projects would
result in the loss of oil or aggregate mineral resources. Some of the cumulative projects
may occur within or near existing oil fields, as well as sand and gravel mining operations.
However, where these resources have substantial remnant supplies, none of the
cumulative projects would preclude continued extraction or production of these
resources. Therefore, cumulative impacts would not result.
PUBLIC HEALTH AND SAFETY
Accidental Releases
5.3-2 Project construction activities do not have the potential to create a signifICant
hazard to the public through foreseeable upset accidental conditions. Less
than significant impact.
Facts SUDDortino Findino
Project construction activities are hot anticipated to result in a signifICant release of
hazardous materials into the environment. However, during Project construction, there is
a possibility of accidental release of hazardous substances, such as spilling petroleum-
based fuels used for construction equipment. The level of risk associa~ 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. The Project contractor would be required to use 'Standard
construction controls and safety procedures that would avoid and minimize the potential
for accidental release of such substances into the environment. Standard -construction
practices would be observed such that any materials released would be appropriately
contained and remediated as required by local, State and Federal law.
Hazardous Materials Users/Facilities
5.3-3 A potential rupture of the underground petroleum transmission pipelines
(traversing the Project site) could adversely affect the public health in the
residential areas, once they are developed. Compliance with State and
applicable local regulations pertaining to setbacks, and mitigation lneasums,
would reduce potential impacts to less than signifICant levels.
Facts SUDDortina Findino
The gas pipelines are associated with oil field activities. The Oil Field Risk Assessment
indicates that crude oil leakage from the pipelines is noted .on the 'SOil 'Swface
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underneath the pipelines. Additionally, the rupture of the' petroleum pipelines would
result in the release of petroleum products to the Project site. A pipeline rupture .could
result in environment contamination and human health effects in the residential areas,
once they are developed. For safety reasons, State regulations prohibit the construction
of any structures directly over the pipeline and a right-of-way (ROW) is usually
established. The width of the ROW is negotiated between the property owner and the
pipeline operator and usually ranges between 20 and 50 feet. Shared ROWs may span
60 to 70 feet. Types of shrubs may be restricted; specifically, structures and large trees
cannot be located over pipelines. Prior to development the exact location of the
underground pipelines should be determined. Additionally, any mineral resource
pipelines shall be rerouted and easements shall be incorporated into the Project.
eompliance with State and applicable local regulations would reduce potential impacts
on health and safety related to this pipeline to less than significant levels.
Long-Term Maintenance and Operation
5.3-5 Project implementation would not create a signifICant hazard to the public or
the environment through the routine transport, use or disposal of hazardous
materials. Less than significant impact.
Facts SUDDortina Findinc
The Kem County and Incorporated Cities HWMP lists goals and policies regarding the
transport of hazardous wastes. The HWMP recognizes that the transportation of
hazardous waste on roads poses a short-term threat to public health; of prime concern is
the safety of the transportation system for hazardous waste,.especially eKtremely
hazardous waste, in and throughout Kem eounty. The HWMP seeks to establish State
and Federally maintained roads as candidate eommercial Hazardous Waste Shipping
Routes in and through the eounty (except those to collect locally generated hazardous
wastes). Given the location of the proposed Project within a newly developing residential
area surrounded by agricultural, institutional, and open space uses, Project
implementation would not. promote the transport of hazardous materials within the
Project area. However, with the presence of contaminated soils and oil drilling/gas
production facilities within the Project site, the preparation of the site for grading and
construction would include the removal and disposal of these hazardous materials. The
removal and disposal of these hazardous materials shall be conducted in compliance
with the Kern County and Incorporated Cities HWMP.
Delivery trucks often haul "household" chemicals (those .commonly found in grocery
stores and/or commercial uses). Although Panama Lane is not specifICally identified as
truck routes within the eirculation Element of the Metropolitan Bakersfield General Plan,
the potential exists for the incidental transport of materials and chemicals along those
roadways that meet the definition of "hazardous." While the risk of exposure to
hazardous materials cannot be fully eliminated, measures can be implemented to.
maintain risks at acceptable levels. As described above, several Federal, State and local
regulatory agencies oversee hazardous materials transportation. Oversight by. the
appropriate agencies and compliance with applicable regulations are considered
adequate to offset the negative effects related to the transport of hazardous materials
within the Project area.
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5.3-6 Project implementation would not create a signifICant hazard to the public or
the environment through the long-term use of hazardous substances for the
putpose of long-term maintenance. Compliance with State and applicable
local regulations would reduce potential impacts to less than significant
levels.
Facts SUDDortinc Findinc
Because of the scope and nature of the proposed Project, the level of risk associated
with long-term use of hazardous materials on the Project site is considered a less than
significant impact. On-site use of hazardous materials may include cleaning solvents.
fertilizers, pesticides and other materials used in the regular main~nance of residential
and commercial structures. With proper use and disposal, these chemicals are not
expected to result in hazardous or unhealthful conditions for nearby residents or
maintenance workers. A less than significant impact would occur in this regard after
compliance with State and applicable local regulations.
Cumulative Impacts
5.3-8 The proposed Project, in combination with other cumulative projects, could
increase exposure to the public of hazardous substances. Compliance with
Federal, State and local requirements on a project-by-project basis would
reduce cumulative impacts to a less than signiflCBnt level
Facts SUDDortinc Findinc
eompliance with Federal, State and local regulations would ensur,e 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 the cumulative projects are constl'lJded.
AESTHETICS, LIGHT AND GLARE
Long-Term Aesthetic Impacts
5.4-2 Project implementation would permanently alter views of and across the
Project site. Significance: Analysis has concluded that impacts are less than
significant
Facts SUDDortinc Findinc
Project implementation would permanently alter the nature and appearance of the
Project site from oil drilling, gas production and vacant land to residential development.
On-site structures would be visible from surrounding areas. This alteration of
appearance is permanent and would continue throughout the life of the Project. Views
of the vacant land that currently comprises the Project site are available to motorists and
pedestrians along Panama Lane. Views of the Project site are .currently unobstructed,
so the change in visual character from open space to dev,eloped .conditions with
amenities would be a distinct visual alteration of the Project site.
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. The Project proposes development adjacent to a proposed residential community <north
and northeast of the Project site). Because the Project's proposed use is residential and
the proposed densities are similar to those of the proposed development to the north
and northeast of the Project site, significant impacts regarding the overall visual quality
and sensitivity of the Project area would be minimized. The proposed uses would be
similar in character and density to surrounding off-site uses and visually compatible with
existing surrounding land uses.
TRAFFIC AND CIRCULATION
Alternative Transportation Systems
5.5-3 The proposed Project would accommodate alternative modes of
transportation (transit service and pedestrian and bicycle paths) within the
Project site vicinity. Adherence to the goals and policies of the Metropolitan
Bakersfield General Plan would result in less than signifICant impacts.
Facts SUDDortinc Findinc
As indicated in the Metropolitan Bakersfield General Plan Environmentsllmpact Report,
as development and population increase within the Metropolitan Bakersfield area the
demand for alternative transportation (Le., bus transit service, bikeways and pedestrian
facilities will increase. The eity implements a Metropolitan Bakersfield General Plan
Bikeway Mater Plan to link schools, civic centers, services areas, parks, employment
centers and regional bike paths. As the Project vicinity is mostly undeveloped land, or
land currently under construction, there are no pedestrian and bicycle facilities in the
area. However, as the Project area becomes developed, adherence to eity roadway
standards and policies would allow for adequate pedestrian and bicycle circulation. .
Transit service within the Metropolitan Bakersfield area consists of approximately one
percent of the total travel. In accordance with the goals and policies of the General Plan,
the Project Applicant shall work with the GET and Kern Transit to locate bus stops as
close as possible to the Project site in an effort to provide residents with sufficient
access to public transit service. Bus stops would most likely be placed on major arterials
such as Panama Lane and the proposed Nord Avenue. Therefore, development of the
proposed Project would not result in a significant impact to transit servioe in the Project
vicinity .
The proposed Project will construct intemal roads to the eity's roadway standards which
includes sidewalks on both sides of the streets. Therefore, with the proposed Project
designed to City standards, there would be no impacts to pedestrian and bicycle
circulation.
Development of the Project site in accordance with the goals and policies of the General
Plan and site plan review by the eity, GET and Kern Transit would serve to enhance
alternative modes of transportation within the Project area. This is -seen as a long-term
beneficial impact.
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Vehicular and Emergency Access
5.54 The proposed Project would provide adequate vehicular and emergency
access to and from the Project site. Less Than SigniflCBnt Impact.
Facts SUDDortina Finding
Based on the Opening Year 2011 plus Project and Cumulative 2030 plus Project
conditions, the main access intersections of Canfield Parkway/Panama Lane and Canis
Street/Panama Lane would operate with satisfactory LOS with the implementation of
recommended mitigation measures.
The design of the proposed access locations would allow for adequate vehicular and
emergency access to public roadways. Therefore, no signifICant impacts to vehicular
and emergency access would occur.
NOISE
Off-Slte Mobile Source Impacts
5.6-2 Project implementation would generate additional vehicular travel on the
surrounding roadway networK, thereby resulting in permanent noise level
increases. Analysis has concluded that long-term noise impacts wculd be
less than significant impact for the analyzed adjacent roadway segments.
Analysis has concluded that long-term vehicular- related noise would not
exceed the City of Bakersfield's threshold of signifICance and would therefore
result in a less than signifICant impact. .
Facts SUDDOrtina Finding
Future development within the area would result in additional traffic on adjaoent
roadways, thereby increasing vehicular noise in the vicinity of existing and proposed
land uses. The potential off-site noise impacts caused through the increase in vehicular
traffic from the on-going operations from the proposed Project's 788 single-family homes
on to the Project study area's roadways is discussed below.
Opening Year (2011) Baseline Conditions
Buena Vista Road north of Panama Lane, White Lane and Ming Avenue and Panama
Lane east of Gosford Road are the roadway segments that currently .exceed the City's
65 dBA eNEL standard, with noise levels up to 65.9 dBA CNEL.
Opening'ye,ar (2011) With Project Conditions
The proposed Project's off-site noise impacts have been calculated through a
comparison of the Opening Year (2011) Baseline scenario to the Opening Year~2011)
with Project scenario. The Project noise contributions onto the study alea roadways
would range from 0.0 to 1.6 dBA eNEL. The largest noise increase of 1.6 dBA CNEL is
anticipated to occur on Panama Lane east of the proposed Project, which along with the
rest of the analy~d roadway segments wou1d be within the thresholds of signiflCanoe.
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Therefore, no significant off-site noise impacts from Project-related vehi.cle noise would
occur during the Opening Year (2011) along the study area roadway segments.
General Plan Buildout (2030) Baseline Conditions
All roadway segments except for South Enos Lane north of Panama Lane are projected
to exceed the City's 65 dBA CNEL standard, with noise levels ranging from 64.8 to '68.9
dBA eNEL.
General Plan Buildout (2030) With Project Conditions
Although, the noise levels at 100 feet show an increase over the baseline condition and
would range from 64.9 to 68.9 dBA CNEL. The Project noise contributions onto the study
area roadways would range from 0.0 to 1.2 dBA eNEL. The Project contributions are
much lower than the Opening Year (2011) contributions and this is <:Iue to the larger
baseline traffic volumes projected for the General Plan Buildout (2030) condition. All of
the analyzed roadway segments would be within the thr.esholds of signifICance.
Therefore, no significant off-site noise impacts from Project-related vehicle noise would
occur at General Plan Buildout (2030) along the study area roadway segments.
Cumulative Impacts
5.6-5 Implementation of the Project, combined with cumulative projects, would
increase the ambient noise levels in the site vicinity. Analysis has concluded
that long-tenn cumulative noise would result in a less than signifICant impact.
Facts SUDDortino Findino
Under the General Plan Buildout scenario for Year 2030, the 'With Project" traffic noise
levels would increase by a maximum of 1.2 dBA, which is less than significant.
Therefore, a cumulative mobile source noise impact along roadway segments within the
study area would not occur.
Long-term (stationary) noise would be subject to requirements .of the BakelSfl8/d
Municipal Code. Therefore, individual projects would be required to comply with the
eity's noise level standard of 65 dBA for residential uses and include mitigation
measures if this standard is exceeded. As such, it is not anticipated that a signiflCSnt
cumulative increase in permanent ambient noise levels would occur and the impact
would be less than significant. eonsequently, the Project contribution to cumulative
stationary noise impacts is not considered cumulatively considerable.
AIR QUALITY
Air Quality Conformity Analysis
5.7-3 Impacts associated with the Project may conflict with the applicable.airquality
plan. Long-tenn emissions would be offset by Project buHdOut. Less than
signifICant impact.
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Facts SUDDortina Findina
Utilization of Kern eoo data provides a framework for assistance in determining the
cumulative significance of a project on a regional basis. The demonstration that a
project's emissions are consistent with projected growth in a particular local area is
inherently linked to regional and Federal requirements. Therefore, the project .could be
said to be in conformance cumulatively as it is in line with regional, State and Federal
emissions budgets and air quality improvement goals.
The Kern eOG RTP considers General Plan Amendments and Zone Changes that were
enacted at the time of analysis as projected growth within the area based -on land use
designations incorporated within the Metropolitan Bakersf161dGeneral Plan. All land use
re-designations that occur subsequent to the RTP analysis period have not been
incorporated in the Kem eOG RTP analysis. eonsequently, if a proposed project is not
included in the regional growth forecast using the latest planning assumptions, it may not
be said to conform to the regional growth forecast used in the Kern COG RT'P. Under
the current General Plan, the Project site is designated as "rural residential and Mineral
Resources." The proposed General Plan Amendment and Zone Change, the Project
site would be designated as "Residential (R-1)".
Under current policies, only after a General Plan Amendment is approved, .can housing
and employment assumptions be updated to reflect the 'Capacity changes. Since the
proposed Project requires a General Plan Amendment change to a more intensive use,
the existing emission budget allowed by the Kem eOG RTP does not include the
proposed Project.
The Kern County of Govemments (COG) Destination 2030 Regional Transpoltation Plan
(Kern eOG RTP) models uses Transportation Zones (TAZ) , which is used to .calculate
travel pattems based on the housing and jobs within .each zone. The Project site is
located in TAl 260. In the year 2030 for TAZ 260 only two houses are projeded to be
built, which is well short of the 788 single-family homes included in the Proposed project.
Also, there are 355 homes forecasted by the TAl in the year 2030 for the project vicinity,
which is well short of the cumulative proposed developments of 9,788 homes. This
produces a forecast shortfall of 9,442 homes including the proposed Project.
The proposed Project represents 0.4 percent of the 176,827 new households foracasted
for the Metro Southwest Region and combined with nearby projects represents 5.3
percent of the new households forecasted for the Metro Southvvest'Region. When
compared to the entire Kem eounty, the proposed Project represents 0.08 pel'()8nt of the
974,100 new households and combined with the nearby projects represents 1.{) pel108nt
of the new households proposed for the entire Kem eounty.
Based on this analysis, growth within the analysis area would exceed that forecasted for
the TAl which it is located in combination with nearby T A,Z's. This excess in the rate of
growth would accelerate the buildout of the project vicinity and could pose basin
emission increases that rare in excess of those forecasted by the AQAPs. Based on the
information above, the proposed Project's share of the forecasted growth is insignificant
when compared on a eity-wide basis. In addition, upon approval of the requested
General Plan Amendment, the Kem COG RTP Model would be updated showing the
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forecasted growth represented by the proposed Project. Therefore the proposed Project.
would not result in an inconsistency with the Kern eOG RTP and AQAPs.
Cumulative Impacts
5.7-4 Impacts on regional air quality resulting from the Project and cumulative
projects may impact existing regional air quality levels on a cumulative basis.
Analysis has concluded that less than significant cumulative impacts would
occur.
Facts SUDDortina Findinc
Cumulative Ozone Impacts
The SJVUAPeD does not provide quantitative thresholds to assess the ozone from
cumulative developments. According to the SJVUAPeO One-Hour Extreme Ozone
Attainment Demonstration Plan, Adopted October 8, 2004 and amended October 20,
2005, the total emissions of the Basin were 161,877 tons per year of ROO and 203,232
tons per year of NOX from all sources. On a regional basis, the proposed project
represents approximately 0.01 percent of the total ROG and 0.008 peroent of the NQX
emissions in the Basin.
Based on the individual project thresholds set by the SJVUAPCD, the proposed Project
would exceed the thresholds. However, based on the above emissions percentages,. the
incremental increase created by the proposed Project upon the Basin would be
insignificant since basin emissions would be essentially the same regardless of whether
or not the proposed Project is built. Therefore, the proposed Project in conjunction with
other past, present and reasonably foreseeable future projects would not result in a long-
term significant cumulative impact related to ozone precursor emissions.
Cumulative PM.o Impacts
All construction related earth disturbing activities are required to follow SJVUAPeD's
Regulation VIII which places control measures on construction with other past, present
and reasonably foreseeable future projects would not result in a short-term signifICant
cumulative impact related to PM10 emissions during construction.
Cumulative Local CO Impacts
The eo hotspot analysis conducted for the proposed Project was based on the TraffIC
Impact Analysis, where the forecasted traffic volumes accounted for all pending
developments within a study analysis area much greater in size than the one-mile radius
study area used in this cumulative analysis. Due to this, the cumulative eo hotspot
analysis has already been addressed in the CO hotspot analysis for the proposed
Project in the Long Term (Operational) Analysis conducted above. Therefore, the
proposed Project in conjunction with other past, present and reasonably foreseeable
future projects would not result in a significant long-term cumulative impact related to
local air quality due to CO emissions.
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Cumulative Hazardous Air Pollutant Impacts
According to the Phase 1 ESA and Phase 2 ESA, which analy~ a study area of up to
1.5 miles away from the Project site, no hazardous air pollutant sources were found to
be located within the vicinity of the Project site, nor were there any existing or proposed
hazardous air pollutant soura!s located on the Project site. Due to this, no
comprehensive hazardous air pollutant assessment is req!Jir.ed. Therefore, the
proposed Project in conjunction with other past, present and reasonably foreseeable
future projects would not result in a long-term significant cumulative impact relaEd to
hazardous air pollutants.
BIOLOGICAL RESOURCES
Special Status Plants
5.8-2 Project construction would permanently impact a total of approximately 22{)-
acres; however, due to the existing mineral use and .vacant nature of the site,
no special status plants were identified. or would be expected to occur on the
site. Less than significant impacts are anticipated in this regard.
Facts SUDDortino Findino
The Biological Resource Assessment indicates that the literature review conducted for
the Project site indicated that the San Joaquin woolly-threads (Mono/opia congdoniJ),
recurved larkspur (Delphinium recuNatum) and alkali mariposa lily (Ca/ochortus striatus)
have the potential to occur within the Project site. However, none of these 'Species were
identified during the site inspection. Additionally, due to the conditions and types of on-
site soils, none of the special-status plant species are likely to occur within the Project
site. Therefore, less than significant impacts to special-status species are anticipated.
Cumulative Impacts
5.8-5 The proposed Project would result in the cumulative loss of open space and
mineral resoulCes within the City. Cumulative projects a~ mitigated on a
project-by-project basis and in accordance with applicable local, State and
Federal requirements including the MBHCP.
Facts SUDDortina Findino
The proposed Project would contribute to the long-term and continuing loss of
burrowing, nesting, denning and foraging habitat for several species that oocur in non-
native grassland habitat, Great Valley mesquite 'Scrub and valley 'Saltbush scrub. The
continuing loss of these communities that support special status species endemic to
southem San Joaquin Valley represents a cumulative impact of .the Project. However,
these cumulative impacts are occurring within and surrounding the limits of the MBHCP.
Compensation for habitat loss through the MBHCP would mitigate these impacts by
providing large tracts of high quality conservation land for the species of conoem that will
be preserved in perpetuity. Because'Conservation lands' acquired under the MBHCP are
generally of higher quality than the lands being distulbed within the plan area,
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cumulative impacts to special-status species will be mitigated through implementation of
the MBHep.
CULTURAL RESOURCES
Cumulative Impacts
5.9-2 Cumulative development may adversely affect cultural resouroes. ReSOUICeS
are evaluated and mitigated on a project-by-project basis. Less than
significant.
Facts SUDDortina Findinc
Potential cultural impacts would be site-specific and potential impacts would be
evaluated on a project-by-project basis. Each incremental develoP!Tl8nt would be
required to comply with all applicable State, Federal; and City regulations alnceming
preservation, salvage, or handling of cultural resources. In consideration of these
regulations, potential cumulative i1npacts upon cultural resources would not be
considered significant.
PUBLIC SERVICES AND UTILITIES
Sewer Services
5.10-6
Implementation of the proposed Project would result in an increase in
demand and an expansion of sewer services. Less than signifICant impact.
Facts SUDDortinc Findinc
According to the eity of Bakersfield Wastewater Department, no sewer lines are
currently located on-site. Therefore, new sewer lines will be r.equired in -order to
accommodate the estimated 220,000 gallons per day of sewage generated by the
proposed Project. The Wastewater Treatment Plant No.3 would serve the Project site
upon build-out. eurrently, Wastewater Treatment Plant No.3 is within the design phase
of expanding its facilities in order to serve the increased growth within the southwest
service area of Metropolitan Bakersfield.
The eity of Bakersfield Public Works Sewer Services Department has four types of
sewer fees: collection fees, trunk line fees, user fees and commeFCial and industrial user
surcharges. The user fees are annual fees paid on the property ta>GeS. The user
surcharge fees are billed to the property owner, in addition to being annual fees that are
paid on the property taxes and are due and payable monthly. The user surcharges are
based upon a formula of total Biochemical Oxygen Demand, Total Suspended Solids
eoncentration and flow created by the Project. The connection fees are based upon a
"cost to recover" for plant expansion, while the trunk line fees are similarly based upon a
"cost to recover" for the construction of the trunk line serving the Project area. The
sewer connection fee for single-family residential homes is currently $2;500 per unit, but
will increase significantly to pay for the future plant expansion. The current user fee tor
single-family residential units, effective July 1, 2006, is $135 per unit. 'Sewer rlHeS are
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calculated and adopted by the City Council annually. The connection fees will be
calculated at the time the Building permits are issued. Therefore, compliance with City
Standards and fees will result in less than significant impacts.
Natural Gas
5.10-9
Implementation of the proposed Project would not result in increased demand
for natural gas services. Less than signifICant impacts are anticipated in this
regard.
Facts SUDDortino Findino
According to Southern California Gas eompany, a distribution high-pressure natural gas
pipeline is located along Panama Lane and runs through Nord Avenue. However, no gas
pipelines regulated by Southern ealifomia Gas eompany are located within the Project
boundary lines. Southern ealifornia Gas eompany has indk:ated there is suffICient
capacity to serve the Project site~
The existing gas pipelines within the Project site are under high pressure and, like
others, have the potential to rupture, resulting in uncontrolled releases of natural gas. A
pipeline rupture could result in environment contamination and human health .effects in
the residential areas, once they are developed. For safety reasons, State regulations
prohibit the construction of any structures directly over the pipeline and a utility right-of-
way (ROW) is usually established. The width of the ROW is negotiated between the
property owner and the pipeline operator, and usually ranges between 20 and 50 feet.
Shared ROWs may span 60 to 70 feet. Vegetation around and over pipelines are
restricted. Compliance with State and applicable local regulations would r.educe potential
impacts, both health and safety related, on this pipeline to less than significant levels.
GEOLOGIC AND SEISMIC HAZARDS
Fault Rupture
5.11-2
Implementation of the proposed Project does-not have the potential to expose
people to adverse effects associated with rupture of a known earthquake
fault. Analysis has concluded that impacts associated with fault ruptures
would be less than significant.
Facts SUDDortino Findino
The southern end of the San Joaquin Valley is bordered by five major fault systems, all
of which are considered to be active: San Andreas, Garlock, Breckenridge-Kem
eanyon, Sierra Nevada and White Wolf faults. It is probable that faults within the Project
area will move in the future, however, it is unlikely that ground rupture would occur at the
Project site because it is not located within an Alquist-Priolo earthquake fault Zone or
within 500 feet of a known active fault trace. Therefore, impacts are oonsidered to be
less than significant in this regard.
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Seismic Ground Shaking
5.11-3
Future development on-site would increase the number of people and
structures exposed to effects associated with seismically induced ground
shaking. Significance: Compliance with the UBC, CBC and the goals and
policies of the Safety Element of the Metropolitan Bakersfield General Plan
and adherence to the City of Bakersfield Municipal Code would reduce
potential impacts to less than significant levels.
Facts Supportina Findina
Given the highly seismic character of the southem San Joaquin Valley region, moderate
to severe ground shaking associated with earthquakes on the nearby faults am be
expected throughout the eity of Bakersfield. As mentioned above, a number of active
faults are located within a 50-mile radius of the Project site. Ground shaking is likely to
occur at the Project site in the event of a major earthquake from ore of the rearby faults;
therefore, future residents may be exposed to seismic ground shaking. The proposed
Project shall be designed and constructed to withstand the magnitude of an earthquake.
Based on predicted maximum horizontal accelerations and given the soil types identified
at the Project site, ground failure is not likely to occur. Implementation of applicable
UBe criteria, eBe criteria and goals and policies of the Metropolitan Bakersfield -General
Plan would reduce impacts to less than significant levels.
Liquefaction
5.11-4
Implementation of the proposed Project may expose the Project site and
proposed residential uses to substantial adverse effects associated with
liquefaction. These impacts are concluded as less than signifICant with
implementation of the required UBC criteria, CBC criteria and the goals and
polices outlined within the Metropolitan Bakersfield General Plan.
Facts Supportina Findina
The Metropolitan Bakersfield General Plan indicates that liquefaction most often occurs
in areas underlain by young alluvium where the groundwater table is higher than 50 feet
below ground surface. Due to the Project site being underlain by Kimberlina fine 'Sandy
loam and the depth of groundwater being generally 100 feet below ground surface
(depending on banking activity at the Kern Water Bank), according to the Metropolitan
Bakersfield General Plan, the potential for liquefaction on the Project site is -considered
low. Due to the Kern Water Bank to the east and south of the Project site, the potential
for groundwater levels to change could potentially impact the Project 'Site. Compliance
with the UBe, eBe and the goals and policies of the Metropolitan Bakersfield General
Plan reduce potential impacts of liquefaction to less than significant levels:
Landslides
5.11-5
Implementation of the proposed Project has a low potential of exposing
people to seismicallY induced landslides. Less than signifICant impacts are
anticipated.
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Facts SUDDortino Findinc
The proposed Project site is located in a moderately stable area with most of the slopes
less than five percent. No bedrock outcrops are present within %-mile of the sije. No
evidence of historic landslides or creep was observed in this area. Due to the relatively
flat nature of the Project site, a low potential exists for rock falls or landslides to impact
the site in the event of a major earthquake. Therefore, less than signifICant impacts are
anticipated in this regard.
Dam Inundation
5.11-6
Implementation of the proposed Project may expose the proposed residences
to a significant risk resulting from a seismically-indooed failure of /sabella
Dam. Less than significant impacts are anticipated.
Facts SUDDortino Findinc
A break in Isabella Dam caused by an earthquake would flood '60 square miles of the
Bakersfield area. Flood levels .could reach up to 30 feet .in some portions of the City.
However, according to the Metropolitan Bakersfield General Plan, the Project site is not
likely to endure serious flooding until eight hours after dam failure. This lag time would
make injury or death from dam failure unlikely in the area of the Project site. The chance
of the Isabella Dam failing is approximately one day out of 10,000 years when the lake is
at capacity. The Safety Element of the Metropolitan Bakersfield -General Plan has
identified policies including a response plan for dam failure as well as the maintenanoe
of disaster response plans, development of discretionary approval procedures for critical
facilities and the review of zoning designations, street widths and circulation pattems for
compatibility with evacuation plans. The Project would be designed and constructed in
strict adherence to eity policies and review procedures, therefore, less than signiftcant
impacts would occur.
Cumulative Impacts
5.11-7
The proposed project, combined with future development, may l8Sult in
increased short-term impacts such as erosion and sedimentation, and Iong-
term seismic impacts within the area. Mitigation is incorporated on a project-
by-project basis to reduce impacts to a less than signifICant level.
Facts SUDDortinc Findinc
Soils and geologic conditions in the Project vicinity may vary by location. Short-term
cumulative impacts such as erosion and sedimentation would occur. The only
cumulative long-term impact related to geology is the exposure of people to the potential
for seismically induced ground shaking. Implementation of other cumulative projects
would incrementally increase the number of people and 'Structures potentially subject to
a seismic event. However, such exposure would be minimized through strict
engineering guidelines at each respective site. The seismic and geologic signifICSnoe
would be considered for each project on a project-by-project basis. The cumulative
effects of increased seismic risk would be mitigated to a less than signifICant level.
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Ten Section Project
GPAlZC 05-1580
SCH NO. 2007101007
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BAKERSFIELD
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HYDROLOGY AND WATER QUALITY
Groundwater
5.12-2
The proposed Project would not result in adverse impacts to the amount of
groundwater available or degrade groundwater quality. Lsss than signifICant
impacts are anticipated.
Facts SUDDortina Findina
Based on the Water Supply Assessment prepared by RBF Consulting, the 2005 Urban
Water Management Plan (UWMP) does not speciflCSlly identify and discuss the Project;
however, upon annexation of the Project site the eity of Bakersfield plans to expand its
water distribution system to serve the Project site. The eity of Bakersfield supplies its
distribution system with groundwater drawn from the Kern 'County basin, a subbasin of
the San Joaquin Valley Groundwater basin and Tulare Lake Hydrologic Region. The
service area currently consists of 49 operating wells. The eity plans to ,expand its
service area with future development, and meet future demands with its balanced water
supply by using the existing groundwater basin as a re-regulation source. In the .2005
Urban Water Management Plan the City of Bakersfield projected increased demands
through 2010 will be met by groundwater pumping and recharge. The eity of Bakersfield
has been able to maintain consistent groundwater levels over the past decade due to
runoff and replenishment programs. The programs include: Natural Recharge, River
and eanalSeepage, and Spreading and Banking (for further details regarding these
programs, refer to 5.12.1 EXISTING eONDITIONS). Therefore, with adequate levels of
groundwater, the eity of Bakersfield would provide water to the Project site upon
development. Additionally, the Project would not alter the direction of .groundwa~r flow,
nor result in the need to withdraw, change the rate of groundwater flow or affect its
supply. Refer to Section 5.11, PUBLIC 'SERVleES AND UTI L1TI'E'S , for additional
details.
VII. FINDINGS REGARDING EFFECTS DETERMINED TO BE MITIGATED TO LESS
THAN SIGNFICANT LEVELS
The eity of Bakersfield, having reviewed and considered the information contained in the
Final EIR, Technical Appendices and the administrative record, finds, pursuant to
California Public Resources eode 21081 (a)(1) and CEQA Guidelines 15091 {a)(1), that
changes or alterations have been required in, or incorporated into, the proposed project
which would mitigate, avoid, or substantially lessen to below a level of -significance the
following potentially signifICant environmental effects identified in the f=inal EIR in the
following categories: Land Use and Relevant Planning, Mineral Resour.oes, Public
Health and Safety, Aesthetics, Light and Glar.e, Traffic and eirculation, Noise, Air
Quality, Biological Resources, Cultural Resou roes , Public Servioes and Utilities, and
Hydrology and Water Quality.
The potentially significant adverse environmental impacts that.can be mitigated are listed
below. The City of Bakersfield finds that these potentially significant adverse impacts
can be mitigated to a level that is considered less than significant after implementation of
mitigation measures identified of the FinalEIR.
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CITY OF BAK'ERSFIELD
T.en Section Project
GPAlZC 05-1580
SCH NO. 2007101007
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LAND USE AND RELEVANT PLANNING
Land Use Compatibility Off-Site
5.1-2 Implementation of the proposed Project may result in land use compatibility
impacts on surrounding uses. Impacts would be reduced to less than
significant levels with implementation of required mitigation for noise, traffic
and air quality; refer to appropriate sections of this EIR.
Facts SUDDortinc Findinc
Although the proposed Project would ultimately replace approximately 220 ac~ of open
space and oil drilling and gas production uses with developed uses, the Project would be
compatible in density and character with the approved residential developments to the
north of the Project site. Therefore, off-site land use impacts on neighboring residential
areas would be less than significant because of the consistency of uses with the.
surrounding area, and with implementation of the required mitigation meaSUR:lS identified
throughout this EIR document.
Mitigation Measure 5.1-2 of the Final EIR reduce impacts below a level ofsignificanoe.
The measure is as follows:
5.1-2 Refer to mitigation measures in Section 5.4, AESTHETICS, UGHT AND
GLARE; Section 5.5, TRAFFIC AND elReULA TION; Section "5.6, NOI~;.
and Section 5.7, AIR QUALITY. .
Relevant Planning Policies
Consistency with Recional Plans
5.1-4 Implementation of the proposed Project will be consistent with ama-wide
environmental plans. Analysis has concluded that less than signifICant
impacts would occur in this regard.
Facts SUDDortinc Findinc
The proposed Project was reviewed and determined to be consis~nt with the following
regional plans: Air Quality Attainment Plan, Metropolitan Bakersfield -General Plan
Bikeway Master Plan, Regional Transportation Plan, Solid Waste Management Plan,
Metropolitan Bakersfield Habitat eonservation Plan and Hazardous Waste Management
Plan.
Mitigation Measure 5.1-4 of the Final EIR reduce impacts below a 1e'Je1 of 'Significance.
The measure is as follows:
5.1-4 Refer to mitigation measures in Section 5.2, MINERAL RESOURCES; 5.3,
PUBLle HEALTH AND SAFETY; 5.5, TRA1=Fle AND 'CIRCULATION; '5.7,
AIR QUALITY; 5.8, BIOLOGICAL RESOURCES; and 5.11, PUBLIC
. SERVICES AND UTILITIES.
IN 10-104963
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Ten Section Project
GPAlZC 05-1580
SCH NO. 2007101007
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BAKERSfIELD
MINERAL RESOURCES
Minerai Resource Availability
5.2-1 Project development could result in the loss of availability of a known mineral
resource that would be of value to the region and the residents of the state.
Implementation of the required mitigation measures would reduce this
potential impact to a less than significant level.
Facts SUDDortinc Findinc
The Project site includes the eastern portion of the Ten Section Oil Field. A total of 11
wells have been drilled on the Project site as part of the Ten Section OilField. Nine of
the wells were completed and one well was abandoned without being completed. All of
these ten wells are currently abandoned. The remaining well, located within the
southwestern area of the Project site, is currently idle. Additionally, pipelines, owned by
the mineral rights owners and utilized for petroleum transport, traverse the Projectsite.
These oil wells and pipelines are part of the current oil operations within the Ten Section
Oil Field, a portion of which is contained within the Project site boundary. Although the
wells on-site are currently abandoned implementation of the Project could result in the
loss of availability of a known mineral resource that would be of value to the region and
the residents of the state. However, implementation of the mitigation measures listed
will reduce the mineral resource availability impacts associated with the Project to less
than significant levels.
Measures 5.2-1 a and 5.2-2b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.2-1 a
Prior to issuance of grading permits, the Project Applicant shall.either acquire
all subsurface rights (i.e., mineral, oil, etc.) owned by private parties, or avoid
the placement of structures within known subsurface estates owned by other
parties, or obtain a waiver from such subsurface estate owner 'COnsenting to
the development activity and attesting it will not substantially interfere with the
mineral extraction activities.
5.2-1 b
With submittal of the tentative tract map, an oil well .easement shall be
included on the tract map of adequate size to allow for acoess for any drilling
or maintenance activities. Additionally, the tract map shall provide for the
rerouting or easements for mineral pipelines within the Project site.
011 Well Abandonment
5.2-3 Project implementation may result in the improper placement of structures on
unstable surfaces associated with existing and/or future abandoned oil wells
located within the Project boundaries. Implementation of the mquit:ed
mitigation measures would reduce this potential impact to a less than
significant level.
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Ten Section Project
GPAJZC 05-1580
SCH NO. 2007101007
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BAKERSFIELD
Facts SUDDortino Findino
There are ten abandoned and one idle oil wells within the Project site. Project
implementation may result in the improper placement of structures on unstable surfaoes
associated with existing and/or future abandoned oil wells located within the Project
boundaries. The oil wells pose a substantial risk to structures built on site because the
improper placement of structures may result in structural damage and/or human safety
hazards. These risks associated with Project implementation and operation are
considered a potentially significant impact. Implementation of the mitigation measu~
will reduce oil well abandonment impacts to less than signifteant levels.
Measures 5.2-3a through 5.3-2d of the final EIR ,:educe impacts below a level ~f
significance. The measures are as follows:
5.2-3a
5.2-3b
5.2-3c
5.2-3d
Prior to issuance of grading permits, all abandoned oil wells shall be located
and exposed for inspection and leakage testing. Proof of proper
abandonment shall be obtained from DOGGR. Said proof, shall be submitted
to the Planning Director prior to recordation of final maps.
Prior to the approval of grading plan all abandoned oil wells shall be surveyed
and accurately plotted on the proposed tentative tract map with a ten-foot no-
build radius. A legible 'COpy of a map showing final Project design shall be
submitted to the DOGGR.
Prior to approval of grading plans DOOGR shall be contacted to obtain
information on the requirements for and approval to perform remedial
plugging operations if any other abandoned or unrscorded wells are
uncovered or damaged during excavation or grading.
Prior to approval of grading plans on-site abandoned oil wells shall be
examined for contaminated soils. If such soils exist, the soil will be trea~ in
place with best available technology or capped in place.
PUBLIC HEALTH AND SAFETY
Short-Term Construction
5.3-1 Project construction activities have the potential to encounter known
hazardous materials or wastes. Mitigation that reduces the pr:esence of
hazardous materials or wastes would reduce this impact to a less than
significant level.
Facts SUDDortinc Findino
Based on the site inspection, areas of environmental concem with respect to hazardous
materials, stained soils and oil wells were identified that would compromise Project
construction or acquisition of construction easements. Implementation of mitigation
measures would reduce these impacts to less than signifICant.
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Ten Section Project
GPAlZC 05-1580
SCH NO. 2007101007
4
BAKERSFIELD
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Mitigation Measures 5.3-1a through 5:3~1e of the Final EIR reduce impacts below a level
of significance. The measures are as follows:
Soil eontamination
5.3-1a
5.3-1b
5.3-1c
5.3-1d
Prior to issuance of grading permits the developer .shall conduct soil
characterization and sampling of the stained soil within the Project site within
the areas of the former oil field sumps, barren land, the former natural gas
facility and all other areas of stained soils within the Project site as needed to
determine the presence or absence of hazardous materials. If concentrations
of materials are detected above regulatory cleanup levels during demolition
or construction activities, the following mitigation measure shall include:
. Excavation and disposal at a permitted, off-site facility;
. On-site treatment; or
. Other measures as appropriate.
Prior to issuance of grading ~rmi.ts, the Applicant sh~1I remediate .all oil-
contaminated soils to the satisfaction of the Local Unified Program A~ncy
(the Office of Environmental Services Bakersfield City Fir~ Department) in
conjunction with the State Regional Water Quality eontrol. Board and/or the
California Department of Toxic Substances eontrol.
Prior to issuance of grading permits, the barr.en patches of land in the south-
central portion of the site shall be sampled for salt content along with pH and
metals. Prior to grading, soil from these barren patches, if determined to
contain elevated salt content, pH and metals, shall be thoroughly mi>G8d with
on-site soil to reduce the chloride and sulfate concentrations to near
background concentrations.
Prior to issuance of grading permit, the 250 tons of stockpiled tar-impaded
soil shall be transported to a permitted facility for disposaVr.e.cycling. The
excavation area shall be backfilled and compacted with clean soil to match
existing surfaces.
During grading and construction activities, if any unknown ar.eas of
petroleum-impacted soil are uncovered on-site, the area(s) shall be
thoroughly assessed and remediated, if warranted.
On-Site Facilities
5.3-1e
Prior to approval of the grading plan the three pole mounted transformers
shall be properly removed from the Project site and disposed of at an
approved disposal location.
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Ten Section Project
GPAlZC 05-1580
SCH NO. 2007101007
Hazardous Materials UserslFacilities
5.3-3 A potential rupture of the undefground petroleum transmission pipelines
(traversing the Project site) could adversely affect the public health in the
residential areas, once they are developed. Compliance with State and
applicable local regulations pertaining to setbacks, and mitigation meSSUles,
would reduce potential impacts to less than signifICant levels.
Facts SUDDortino Findino
A pipeline rupture could result in environment contamination and human health effects in
the residential areas, once they are developed. For safety reasons, State regulations
prohibit the construction of any structures directly over the pipeline and a right-of-way
(ROW) is usually established. The width of the ROW is negotiated betw.een the property
owner and the pipeline operator and usually ranges between 20 and 50 feet. Shar.ed
ROWs may span 60 to 70 feet. Types of shrubs may be restricted; specifICally,
structures and large trees cannot be located over pipelines. Prior to development the
exact location of the underground pipelines should be determined. Additionally, any
mineral resource pipelines shall be rerouted and easements shall be incorporated into
the Project. eompliance with State and applicable local regulations would reduce
potential impacts on health and safety related to this pipeline to less than significant
levels.
Measures 5.3-3a through 5.3-3d of the Final EIR r.educe impacts below a level of
significance. The measures are as follows:
5.3-3a
5.3-3b
5.3-3c
5.3-3d
With submittal of the tract map any phase that includes a pipeline.easement
or portions thereof, the subdivider shall show the pipelines have been
rerouted or easements have been incorporated into the final map with a
notation that structures, including accessory buildings and swimming pools,
are prohibited within the easements and record a corresponding covenant.
With submittal of the tract map any phase that includes a pipeline easements
or portions thereof, the subdivider shall show on the final map that no
habitable portion of a structure may be built within 50 feet of a gas main, or
transmission line, or refined liquid product line with 36 inches of cover, and
record a corresponding covenant.
With submittal of the tract map the Project Applicant shallens\..l1".8 that no
structures are located within 40 feet of a hazardous liquids pipeline bearing
refined product with 48 inches or more of 'COver. If a pipeline meets this
criteria, the Project applicant shall incorporate the 40 foot setback line in the
final map and a corresponding covenant shall be recorded prior to or
concurrently with recordation of any phase that is affected.
With submittal of the tract map the Project Applk:ant shall.ensure that for any
subdivision within 250 feet of the pipeline easements, a 'COvenant ts recorded
with the City'disclosing the location of all pipelines.
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Ten Section Project
GPAlZC 05-1'580
SCH NO. 2007101007
BAKERSfIELD
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011 Production Facilities
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5.3-4 Eleven abandoned and idle petroleum production weDs are located within the
Project site's boundary and the Project site is adjacent to an active oil field,
therefore, health and safety risks are present. Less than signifICant impact
with incorporation of mitigation measures.
Facts SUDDortina Findinc
Future development and grading activities on the Project site would require that the wells
be exposed and the abandoned status reexamined. Public R.esoura!s Code Section
3208.1 authorizes the State Oil and Gas Supervisor to order the reabandonment of a
previously abandoned well when construction of any structure over or in the proximity of
the well could result in a hazard. Each well shall be inspected prior to development to
determine if reabandonment is required. DOGGR must be notified to investigate the
condition of the wellheads and check for leakage. If any abandonment or
reabandonment is required, DOGGR would furnish the necessary closure specifICations.
Adherence to closure provisions would serve to reduce impacts to less than signifICant
levels (refer to Section 5.12, MINERAL RESOUReES, for a detailed dis~ion of
required mitigation measures).
In an attempt to reduce complaints and necessary investigations undertaken by the Kem
County Environmental Health and Safety Department (KCEHSD), the following
disclosure is suggested to be provided as part of the transfer of properties:
.
"If your real property is adjacent to property used for oiVmineral,extraction
operations, you may be subject to inconvenienoes or disoomforts arising
from. such operations on 24-hour basis. Said discomforts may include,
but shall not be limited to, equipment noise and odors. It has been
detennined that the use of real property for oil,extraction is a high priority
and a favored use to the County and will not be considemd a nuisance for
those inconvenienoes or discomforts arising from oil.extraction operations
if such operations-are consistent with acoepted customs, standatds, and
laws. n
Measures 5.3-4a through 5.3-4d of the final EIR reduce impacts below a level of
significance. The measures are as follows:
5.3-4a
Refer to Section 5.12, MINERAL RESOURCES, for a detailed discussion of
required mitigation measures.
5.3-4b
Prior to issuance of buHding permits, the Project contractor shall coordinate
with DOGGR to verify that the .existing abandoned wells meet curr.ent -closure
requirements. Should abandonment or reabandonment be requir:ed,
appropriate closure activities shall be 'COmpleted under cOlTSultation with the
DOGGR. Verification of adequate abandonment or reabandonment shall be
provided to the Planning Director prior to the recordation of any final map
affected.
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CITY Of BAKERSFIELD
Ten Section Project
GPAlZC 05-1580
SCH NO. 2007101007
BAK1iRSFIELD
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5.3-4c
Prior to issuance of building permits the applicant shall inform future residents
about adjacent oil production activities through a covenant filed on the Project
site (disclosed to residents through the purchase process), or through
disclosure forms that shall be signed by new residents. The disclosure forms
shall indicate that the resident acknowledges that adjacent land uses consist
of petroleum production and that such activities <Can 'Cause inconveniences or
discomforts arising from such operations on any 24-hour basis.
5.3-4d
Prior to issuance of grading permits each well shall be located and inspected.
The on-site idle wells shall be properly abandoned.
Valley Fever
5.3-7 Grading within the boundary of the Project may lead to the telease of fugitive
dust and spores causing Valley Fever. Mitigation that reduces fugitive dust
emissions would reduce impacts to a less than signifICant level.
Mitigation Measure 5.3-7 of the Final EIR reduces impacts below a level of significanoe.
The measure is as follows:
5.3-7 Refer to Section 5.7, AIR QUALITY, regarding fugitive dust mitigation
measures.
AESTHETICS, LIGHT AND GLARE
Short-Term (Construction) Aesthetic Impacts
5.4-1 Grading and construction of individual phases would temporarily alter the
visual appearance of the Project area. Impacts that are considemd to be
short-term would .cease upon completion of construction activities and would
be reduced to less than signifICant levels with implementation of the requirsd
mitigation measure.
IN 1G-104963
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ORIGINAL
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CITY OF BAKERSFIELD
Ten Section Project
GPAlZC 05-1580
SCH NO. 2007101007
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BAKERSFIELD
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Facts SUDDortinc Findinc
Project construction activities would temporarily disrupt views across the site from
surrounding areas. Graded surfaces, construction debris, construction equipment and
heavy truck traffic would be visible. Soil would be stockpiled and equipment for grading
activities would be staged at various locations throughout the Project site. The use of
metal storage containers in conjunction with construction activities would be subject to
Section 17.57.050 of the Bakersfield Municipal Code, which allows the use of metal
storage containers for construction, subject to approval by the eity Building Director.
These impacts would be short-term and would cease upon Project completion. With the
implementation of the required mitigation measure pertaining to the location of the
screening area and with compliance with Bakersfield Municipal Code requirements,
short-term impacts would be reduced to less than significant levels.
Mitigation Measures 5.4-1a and 5.4-1b of the Final EIR reduces impacts below a level of
significance. The measures are as follows:
5.4-1a
5.4-1b
Prior to issuance of grading permits, the developer shall show the temporary
construction equipment staging areas within the Project site through the
duration of construction. Appropriate screening (e.g., temporary opaque
fencing [six feet in height]) shall be used to buffer views of constructio'n .
equipment and material, when feasible. Staging locations are subject to
review and approval by the City Planning Department. Additionally, all
construction. activities would be required to be consistent with the Bakersfield
Municipal Code requirements and conditions of approval.
Prior issuance of grading permits, the Project eontractor 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 must blend with the
architectural design of the building and/or landscaping, as appropriate.
eonstruction 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 eity Planning Department.
Light and Glare Impacts
5.4-3 The Project would generate additional light and glare beyond existing
conditions from street lighting and vehicular traffic. Compliance with City
codes and required mitigation would reduce potential impacts to less than
significant levels.
Facts SUDDortinc Findinc
The eity requires that streetlights be installed at intersections and {when streets are
longer than 600 feet in length) at midblock. The Project may .create light and glare
impacts on off-site uses and introduce new souroes of lighting into the Project area.
These sources include streetlights and interior building lighting (fr.om residences).
JN 10-104963
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Ten Section Project
GPAlZC.05-15BO
SCH NO. 2007101007
BAKERSFIELD
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Light sources from the on-site residential development may have a signifICant impact on
the surrounding areas. Additionally, on-site light sources may create light spillover and
glare impacts on surrounding land uses in the absence of mitigation. Street light
illumination from the residential areas would be comparable to that in the existing'
residential development north and northeast of the proposed Project site. The lighting
within the proposed Project site would be in compliance with City standards. Title
17.58.060 of the Bakersfield Municipal Code indicates that lighting of parking lots be
designed and reflected away from future on-site and existing adjacent residential
properties and streets. eity building officials may also require the use of light shields to
prevent unwanted light on future on-site and existing adjacent residential properties.
Mitigation Measure 5.4-3 of the Final EIR reduces impacts below a level of signifICance.
The measure is as follows:
5.4-3 With submittal of a tentative tract map, the Project Applicant shall ensure that
the Project's exterior lighting does not spill over onto the adjaoent uses, all
exterior light fixtures, .including street lighting, shall be shielded or dir:ected
away from adjoining uses, pursuant to all applicable lighting standards and
requirements of the City of Bakersfield Municipal Code and Zoning Code.
TRAFFIC AND CIRCULATION
Short-Term (Construction) Impacts
5.5-1 Project-related construction activities would result in temporary ciFCulation
impacts on nearby residents, pedestrians, bicyclists and potential traffIC
congestion. However, these impacts are .considered a temporary nuisance
and would cease upon Project completion. Implementation of R3quired
mitigation measures would reduce impacts to less than signifICant levels.
Facts SUDDortina Findino
Anticipated construction-related traffic and circulation impacts would be considered a
temporary nuisance that would cease upon completion of Project <:onstruction.
Preparation of a detailed Traffic Management Plan (TMP) would be requirad prior to
construction of the proposed Project. The TMP would delineate all road closures,
provisions to maintain access to adjacent residential properties at all times, prior notices,
adequate sign-postings, detours, provisions for pedestrian and bicycle transportation
and permitted hours of construction activity. Proper detours and warning signs would be
established along the Project perimeter to ensure public safety. The TMP shall be
devised so that construction would not interfere with emergency response or evacuation
plans. With implementation of the TMP and mitigation measures, less than signifICant
impacts are anticipated.
Mitigation Measures 5.5-1a and 5.5-1b of the Final EIR reduce impacts below a 1e~1 of
significance. The measures are as follows:
5.5-1 a
Prior to issuance of grading permits, a Traffic Management Plan (TMP) shall
be submitted for review and approved by the'City ofSakersfield Public Works
Department. Such plan shall consist of prior notiGes, adequate sign posting,
IN 10-104963
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SCH NO. 2007101007
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5.5-1 b
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. eonstruction activities shall proceed in a
timely manner to minimize impacts.
Prior to issuance of grading permits the Project eontractor '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.
Project Trip Generation
5.5-2 . , Project implementation may cause a significant increase in traffic when
compared to the traffic capacity of the street system and may exceed an
established LOS standard. Less Than Significant With Mitigation.
Facts SUDDortino Findino
The proposed Project components are described in detail in Section 3.0, PROJEeT
DESCRIPTION. The Project consists of residential and park land development. Aooess to
the Project site is proposed via. Panama Lane, Nord Avenue and the future Canfield
Parkway and eanis Street.
Mitigation Measures 5.5-2a through 5.5-2gg of the Final EIR reduces impacts below a
level of significance. The measures are as follows:
Prior to recordation of final tract map, the following improvements shall be implemented:
5.5-2a
5.5-2b
5.5-2c
5.5-2d
5.5-2e
Install a traffic signal at 1-5 northbound rampslTaft Highway.
Install a traffic signal at South Allen Road/Ming Avenue.
eonstruct the following at Buena Vista RoadlWhite Lane.
. Add a second (dual) left turn lane to the southbound approach on euena
Vista Road.
. Add an additional through lane to the southbound approach and
departure on Buena Vista Road.
Install a traffic signal at Buena Vista Road/Campus Park Drive (RTIF
improvement).
I n5ta II a traffic signal at Buena Vista RoadlPacheco Road {RTtF
improvement).
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Ten Section Project
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SCH NO. 2007101007
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5.5-2f
5.5-2g
5.5-2h
Install a traffic signal at Buena Vista Road/Harris Road (RTIF improvement).
eonstruct the following at Buena Vista Road/Panama Lane:
. Install traffic signal (RTIF improvement)
. Add a left tum lane to the northbound approach
. Add a right tum lane to the northbound approach
. Add a left tum lane to the southbound approach
. Add a right tum lane to the southbound approach
. Add a left tum lane to the eastbound approach
. Add an additional trough lane to the eastbound approach and departure
. Add a shared through-right turn lane to the westbound approach
. eoordinate the traffic signals along Panama Lane
Construct the following at Old River Road/Panama Lane:
. Install traffic signal (RTIF improvement)
. Add a left tum lane to the northbound approach
. Add a left tum lane to the southbound approach
. Add a left tum lane to the eastbound approach
. Add a left tum lane to the westbound appro"ach
. eoordinate the traffic signals along Panama Lane
5.5-2i eonstruct the following at Ashe RoadlPanama Lane:
. Install a traffic signal (RTIF improvement)
. Add a left tum lane to the northbound approach
. Add a through lane to the northbound approach and departure {RTtF
improvement)
. Add a right tum lane to the northbound approach
. Add an additional (dual) left turn lane to the southbound approach
. Add an additional through lane to the southbound approach and
departure (RTIF improvement)
. Add an additional (dual) left turn lane to the .eastbound approach
. Add an additional through lane to the eastbound approach and departure
. Add an additional left turn lane to the westbound approach
. Add an additional through lane to the westbound approach and departur.e
. Coordinate the traffic signals along Panama lane
IN 10-104963
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June 02007 C.
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CITY OF BAKERSFIELD
Ten Section Project
GPAlZC 05-1580
SCH NO. 2007101007
4
BAKERSFIELD
.
5.5-2j
eonstruct the following at Wible RoadlPanama Lane:
.,
. Add an additional (dual) left tum lane to the northbound approach
. Provide overlap phase for northbound right tum lane and prohibit west
bound U-tum movements
. Add an additional through lane to the southbound approach and
departure (RTIF improvement)
. Add an additional (dual) left turn lane to the westbound approach
. eoordinate the traffic signals along Panama Lane
Roadways
5.5-2k Add four lanes to South Allen Road, between Brimhall Road and {future)
Wests ide Parkway.
5.5-21 Add four lanes to South Allen Road between (future) Westside Parkway and
Stockdale Highway.
5.5-2m Add two lanes to Buena Vista Road, between Pacheco Road and Pensinger
Road.
5.5-2n Add two lanes to Buena Vista Road, between Pensinger Road and Panama
Lane.
5.5-20 Add two lanes to ealloway Road, between Brimhall Road and (future)'
Westside Parkway.
5.5-2p Add one lane to <3 osford Road, between Harris Road and Panama Lane.
5.5-2q Add two lanes to Panama Lane, between Buena vista Road and Old River
Road.
5.5-2r Add two lanes to Panama Lane, between Old River Road and 'GosfoR:l Road
(RTIF improvement).
5.5-2s Add two lanes to Panama Lane, between <3osford Road and Ashe Road.
5.5-2t Add two lanes to Panama Lane, between Stine Road and Wible Road (RTIf
improvement).
2030 eumulative Plus Proiect
Prior to recordation of final tract map, the following improvements shall be implemented:
Intersections
5.5-2u
Install a traffic signal at South Enos Lane/Panama Lane and provide signal
.coordination along Panama Lane.
IN 10-104963
40
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June.~OO7 >- rl
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ORIGiN;\L
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CITY 'OF BAKERSfIELD
Ten Section Project
GPA#ZC 05-1580
SCH NO. 2007101007
&
BAKERSFIELD
.
5.5-2v Install a traffic signal at 1-5 southbound rampslTaft Highway ~SR 119).
5.5-2w Install a traffic signal at eanfield Parkway/Panama Lane. This will also result
in satisfactory LOS at eanis Drive/Panama Lane due to rerouting of vehieles.
5.5-2x Construct the following at South Allen RoadlCampus Park Orive:
. Add a second eastbound though lane
. Add a second westbound though lane
. Coordinate signal timing along South Allen Road
5.5-2y Provide for coordinated signal timing at 'South Allen Road/Pacheco Road; no
additional lane geometrics are required.
5.5-2z Provide for coordinated signal timing at South Allen RoadlPanama Lane; no
additional lane geometries are required.
5.5-2aa Construct the following at Buena Vista Road/Stockdale Highway
. eonvert a northbound through lane to a third northbound left tum lane
and provide a return lane on the westbound departure.
5.5-2bb eonstruct the following at Buena Vista Road/Harris Road:
. Add a second (dual) eastbound left tum lane
5.5-2cc eonstruct the following at ealloway DrivelWestside Parkway westbound
ramps:
. Add a southbound right turn lane
5.5-2dd Provide for coordinated signal timing at Old River RoadlPanama Lane; no
additional lane geometries are required.
5.5-2ee eonstruct the following at Gosford Road/District 80ulevard:
. Add a second (dual) eastbound left tum lane
5.5-2ff Provide for coordinated signal timing at Ashe RoadlPanama Lane; no
additional lane geometries are required.
5.5-2ff Provide for coordinated signal timing at New 'Stine Road/Panama lane; no
additional lane geometries are r.equired.
5.5-2gg eonstruct the following at West Beltway northbound rampslPanama lane:
. Add a second (dual).eastbound left tum lane
. eoordinate -signal timing along Panama Lane
IN 10-104963
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June2007 >- rl
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ORIGiN/\L
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CITY OF BAKERSFIELD
Ten Section Project
GPAlZC 05-1580
SCH NO. 2007101007
4
BAKERSFIELD
.
NOISE
Short-Term (Construction) Impacts
5.6-1 Grading and construction within the Project area would result in temporary
noise impacts on nearby noise sensitive receptors. Analysis has concluded
that temporary construction noise would result in a less than significant
impact with compliance with City policies and implementation of mitigation
measures.
Facts SUDDortina Findinc
Construction activities would include ground clearing/excavation, grading and
construction. eonstruction activities generally have a short and temporary duration,
lasting from a few days to a period of several months. The noise generated by
equipment and experienced at surrounding uses during -construction would vary hourly,
daily and weekly, due to the number and types of equipment used..Groundbome noise
and other types of construction-related noise impacts would typtcally occur during the
initial site preparation, which can create the highest levels of noise; but is also generally
the shortest of all construction phases. High groundborne noise levels and other
miscellaneous noise levels can be created by the operation of heavy-'duty trucks,
backhoes, bulldozers, excavators, front-end loaders, compactors, scrapers and other
heavy-duty construction equipment. Operating cycles for these types of construction
equipment may involve one or two minutes of full power operation followed by three to
four minutes at lower power settings. Other primary souroes of acoustical disturbance
would be random incidents, which would last less than one minute {such as dropping
large pieces of equipment or the hydraulic movement of mB'Chinery lifts).
Mitigation Measure 5.6-1 of the Final EIR reduce impacts below a level of signiflCanoe.
The measure is as follows:
5.6-1 Prior to issuance of grading permits, the contractor shall provide evidence
acceptable to the eity Building Department that, pursuant to the eity's
Municipal eode Section 9.22.050, construction activities shall be limited to
the designated daytime hours (currently 6:00 AM to 9:00 PM on weekdays
and 8:00 AM and 9:00 PM on weekends). No construction is allowed on
Federal holidays.
On-Site Mobile Source Impacts
5.6-3 Project implementation would generate additional vehicular travel on the
roadway network, thereby resulting in pennanent on-site noise level
increases. Significance: Analysis has concluded that with the incorporation of
required noise attenuating design features and mitigation measures, long-
tenn vehicular- related noise would not exceed the City of Bakersfield's 65 dB
CNEL compatibility standard for future on-site resiclenoes. Therefore, a less
than significant impact would occur with implementation cf the recommended
mitigation measures
IN 10-104963
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June 2007 :': r1
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.cITY OF BAKERSfELD
Ten Section Project
GPAlZC 05-1'580
SCH NO. 2007101007
BAKERSFIELD
~
.
Facts SUDDortinc Findinc
According to the eity's General Plan,) an on-site noise impact would be 'Considered
significant if the on-site noise levels exceed 65 dBA CNEL for the outdoor living areas
and an interior noise level standard of 45 dBA eNEL. It is anticipated that the primary
source of potential noise impads to the Projed site would be traffIC noise from Panama
Lane, eanfield Parkway (proposed), and eanal Street (p.roposed). The future on-site
residential units would also experience some background traffIC noise impacts from the
proposed Project's other intemal roadways. As the traffic on these other internal
roadways would consist of low traffic volumes at slower speeds it was determined the
traffic noise from these roads would not make a significant contribution to the noise
environment. Due to this, the noise levels from these local roads were not anal~.
The roadway ADT volume for Panama Lane was from the nafflC Impact Analysis's
Buildout (2030) With Project scenario and was calculated by. multiplying the PM peak
hour Panama Lane-eanfield Parkway eastbound intersection volume by a .factor of 12.
Since eanfield Parkway extends through the Project site and may p~ntially carry traffic
for. future unspecified development to the west, the ADT volumes were based on the
eity's General Plan eirculation Element's standard roadway capacity for a twcHane
collector roadway.
Exterior Noise
Based on the FHWA traffic noise prediction model, the future unmitiga~ exterior noise
levels for the lots adjacent to Panama Lane and Canfield Parkway would range from
60.9 to 74.9 dBA CNEL. All lots adjacent to Panama Lane and Canfield Parkway are
expected to exceed the City's 65 dBA eNEL exterior noise standard. This would be
considered a significant impact.
In order to meet the 65 dBA eNEL exterior noise standard an exterior noise level
reduction of up to 12.2 dBA CNEL is required for all lots adjacent to Panama Lane and
Canfield Parkway. The incorporation of Mitigation Measure 5.~3a would provide sound
barriers along Panama Lane and Canfield Parkway to reduce the on-site exterior traffic
noise impacts to a less than significant level.
With implementation of Mitigation Measure 5.6-3a, the future e>derior noise levels would
range from 60.9 to 64.6 dBA CNEL, which is within the City's a5 dBA CNEL exterior
noise level standard. The sound barriers shall be designed according to the
specifications identified in the Project Noise Impact Analysis; refer to Mitigation Measure
5.6-3a.
Interior Noise
Based on the FHWA traffic noise prediction model, the .exterior noise levels at the first
floor building fa~de would range from 60.6 to '66.4 dBA CNEL and the second floor-
building fa~de would range from '60.7 to 73.7 dBA CNEL. The<Calculations show that
the ''windows open" condition would result in interior noise levels that would elf08ed the
eity's 45 dBA eNEL interior standard for all lots backing up to Panama Lane and
eanfield Parkway. This would be 'Considered a 'Significant impact.
JN 10-104963
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CITY OF BAKERSFIELD
Ten Section Project
GPAlZC 05-1'580 .
SCH NO. 2007101007
~
BAKERSFIELD
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In order to meet the 45 dBA CNEL interior noise standards, an interior noise level
reduction of up to 28.7 dBA eNEL is required for all lots backing up to Panama Lane and
eanfield Parkway. A windows closed condition with standard single-pane windows
would typically only provide a 20 dBA noise reduction. However, while through the use of
dual-pane windows with a high sound transmission class (SiC) rating, as well as a
generous application of sound absorbing materials, and limiting .cracks and openings to
the outside, an additional 10 to 15 dBA interior noise reduction'CSn be achieved. The
required interior noise reduction of up to 28.7 dBA eNEL is well within the range of
proven noise reduction techniques and is not anticipated to be a significant impa.ct. In
order to provide a proper analysis of the interior noise levels, detailed architectural plans
are required. The implementation of Mitigation Measure 5.6-3b would require a final
acoustical study upon completion of the architectural plans that would provide the
necessary requirements needed to reduce on-site traffic noise impact to a less than
significant level.
Mitigation Measures 5.6-3a through 5.6-3f of the 'Final EIR reduoes impacts below a
level of significance. The measures are as follows:
5.6-3a
5.6-3b
5.6-3c
5.6-3d
5.6-3e
Prior to approval of tract maps, plans shall illustrate that. noise barriers shall
be constructed at the following proposed single-family residential locations:
. 7.0-foot high .sound wall for aU lots backing up to Panama Lane, and
. 6.0-foot high sound wall for all lots backing up to Canfield Parkway.
The noise barriers' weight (Le., walls and/or earthen berms) shall be at least
3.5 pounds per square foot of face area and have no decorative cutoffs or
line-of-site openings between shielded area and the. roadway.
Prior to issuance of building permits the applicant shall provide a windows
closed condition for all homes backing up to eanfield Parkway and Panama
Lane. A windows closed conditions requires a means of mechanical
ventilation per the Uniform Building eode standards. This shall be achieved
with standard air conditioning or a fresh air intake system.
Prior to issuance of building permits the applicant shall ensure that the air
intake ducts for all homes backing up to eanfl8ld Parkway and 'Panama Lane
will be oriented away from the roads and shall incorporate at least six feet of
flexible fiberglass ducting and at least one 90 degree bend. There shall be
no other openings (Le., mail slots, vents, etc.) in the exterior waUs.
Prior to issuance of building permits the applicant shall provide eJCterior walls
with a minimum Sound Transmission elass (STC) rating of 46. Typical walls
with this rating have 2X4 studs or greater, 1t5 inches o.c. with R-13 insulation,
a minimum 7/8 inch exterior surface of cement plaster and a minimum ir~rior
surface of % inch gypsum board.
Prior to issuance of building permits the applicant shall provide window and
door assemblies used throughout the Project that are free of -cut outs and
openings, welUitted and well weather--stripped.
IN 10-104963
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June 02007 0 C;
ORIGiNAL
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<:ITY OF BAKERSFIELD
Ten Section Project
GPA/ZC 05-1580
SCH NO. 2007101007
BAKERSFIELD
&
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5.6-3f Prior to issuance of building permits, the applicant shall provide upgraded
windows with a Sound Transmission elass (STC) rating 35 or higher for
homes backing up to Panama Lane. The 35 STe rating would cover a worst-
case noise impact, which may be reduced. through performing an
architectural acoustical analysis when the architectural plans are completed.
Stationary Source Impacts
5.6-4 Implementation of the Project would result in the generation of on-site noise
associated with future residential units. Analysis has concluded that impacts
would be less than significant with the implementation of requit:ed mitigation
measures.
Facts SUDDortinc Findinc
Future development of residential lots would create stationary noise typical of any new
residential development. Noise that is typical of residential areas includes such things
as children playing, pet noise, amplified music, car repair, pool/spa equipment,
woodworking and home repair. Noise from residential stationary sou roes would primarily
occur during the "daytime" activity hours of 7:00 AM to 10:00 PM. 'furthermore, the
residences would be required to comply with the noise standards set forth within the
Metropolitan Bakersfield General Plan. The Metropolitan Bakersfield General Plan
states that exterior noise levels in residential property shall not .exoeed the basic noise
standard of 45 dBA for interior noise and 65 dBA exterior residential property line. Thus,
noise impacts from the residential uses are anticipated to be less than signifICant in this
regard.
Potential On-Slte Long-Term Stationary Noise Impacts
The eity's General Plan has established exterior noise level performance standards to
control stationary source/non-transportation related noise impacts. The proposed
Project would have potential stationary noise impacts from a public park and an oil well
easement that are incorporated into the proposed Project's design.
Public Park
The proposed Project's design includes an approximately 6.2-acre public park in the
central portion of the Project site. Currently, the detailed site plan for the. park alleas that
would identify park activities, locations and topography are not yet available. However,
due to the size of the park it is anticipated that the park would contain ball fields and
playgrounds that could potentially impact the nearby residential lots. The site plan
shows that the park is surrounded by roadways on all sides which provides a minimum
60-foot area between the park and nearest residence. Due to this site plan layout, no
on-site long-term stationary noise impact from the public park is anticipated.
JN 10-104963
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CITY OF BAKERSfIELD
Ten Section Project
GPAlZC 05-1580
5CH NO. 2007101007
BAKERSFIELD
4
.
Oil Well Site
The proposed Project's design includes an oil well easement in the southern portion of
the Project site. According to the Project Applicant, the oil well easement has been
recently acquired by Occidental Petroleum, which plans on testing the oil wells toses if
they are worth re-working.
If Occidental Petroleum chooses to re-operate the oil well, the site plan would need to be
redesigned to meet the minimum setback requirements of 100 feet for residential
buildings per Municipal eode Section 15.136.040. In addition to the setback
requirements, Section 15.66.040 of the Municipal Code limits the noise levels from
drilling operations to 65 dBA CNEL at the property line of sensitive receptors, except in a
case of emergency. All other operations are required not to eK'Ceed 55 dBA between 7
AM and 10 PM and 50 dBA between 10 PM and 7 AM.
Should the oil well be made operational again, it would most likely be retrofitted with new
equipment. Therefore at this point, the plans showing the plaGement and type of new.
equipment at the oil well site are not yet available. Implementation of Mitigation
Measure 5.6-4b, which requires a focused acoustical study upon completion of the well
plans; would reduce the potential for stationary noise impacts. .'
Pump Station
A sewage pump station is proposed to be located on Lot D in the southwestem portion
of the Project site. Since, the pump station design and location has not yet been
determined, it is not yet possible to calculate the potential noise impacts onto the nearby
hOlT'!es. Implementation of Mitigation Measure 5.6-4, which requires a focused.
acoustical assessment upon final design of the sewage pump station, would r:educe the
potential for a significant on-site long-term stationary noise impact.
Mitigation Measure 5.6-4 of the Final-EIR reduces impacts below a level of significance.
The measure is as follows:
5.6-4 Prior to approval of tract maps, plans shall illustrate that an 8.o-foot sound
barrier is provided around the perimeter of the pump station. The sound
barrier's weight shall be at least 3.5 pounds per square foot of face ar:ea and
have no decorative cutouts or line-of-site openings between the near.est
residences and the equipment. The8.0-foot sound wall height should be
adequate to cover a worst-case pump station noise impact, however, the wall
height may be reduced through performing a pump station acoustical analysis
when the pump station plans are completed.
AIR QUALITY
Short-term (Construction) Emissions
5.7-1 Temporary construction-related dust and vehicle emISSIons would occur
during construction within the Project ama. Analysis has concluded that
impacts would be mitigated to a less than signifICant level.
IN 10-104963
46
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June-2007 ORIGiNAL
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CITY OF BAKi:RSFIELD
Ten Section Project.
GPA/ZC 05-1580
SCH NO. 20071~1007
BAKERSFIELD
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Facts SUD.Dortina Findino
Air quality impacts from construction activities associated with the proposed Project
would occur due to site preparation and grading, heavy duty vehic\es,construction
worker vehicles, and asphalt paving associated with construction of the single-family
residential development. Fugitive dust would be generated by grading and -construction
activities. Air quality impacts from these activities are anticipated to be 'Short in duration
and temporary in nature.
Short-term impacts from the Project would primarily fesult in fugitive particulate matter
emissions during construction. Grading, excavation, trenching, filling and other
construction activities result in irtereased dust emissions. Regulation VIII of the
SJVUAPeD specifies control measures for specified outdoor sources of fugitive
particulate matter emissions. Rule 8011 contains administrative !:equi!:ements,'Rule
8021 applies to construction activities and Rule 8071 applies to vehicle and equipment
parking, fueling, and service areas. The SJVUAPCO does not require a permit for these
activities, but does impose measures to control fugitive dust, such as the application of
water or a 'Chemical dust suppressant; refer to Mitigation Measures 5.7-1a through 5.7-
1d.
Short-term emissions associated with the Project are anticipated to be less than
SJVUAPCD significance threshold levels for ROO and NOx. The average ROO
emissions are estimated at 9.'56 tons per year and the average NOx .emissions are
estimated at 9.45 tons per year. It should be noted that these emissions are temporary
in nature and would cease once the Project has been built out. Therefore, no signifICant
short-term air quality impact would occur from ROO and NOx emissions during
-construction.
The Bakersfield area and the San Joaquin Valley are designated non-attainment for
particulates for both State and Federal standards. Although the proposed land uses are
not considered a potential source for significant particulate emissions, fugitive particulate
emissions would occur during construction. Since the SJVUAPCD has not assigned a
quantitative threshold for PM10, the SJVUAPeO regulates 'PM10 emissions through
Regulation VIII. Regulation VIII includes specific standards for application of water and
chemical stabilizers in order to minimize PM10 emissions during demolition and grading
operations. Regulation VIII requirements are included in the Project Mitigation
Measures. Through implementation of Mitigation MeasuFes 5.7-1a through 5.7-1-d, no
significant short-term air quality impacts would occur from PM1{) during <construction.
Mitigation Measures 5.7-1a through 5.7-1d of the final EIR reduce impacts below a level
of significance. The measures are as follows:
5.7-1 a
During Project construction the Applicant shall implement the following
measures to minimize engine exhaust emissions:
. Properly and routinely maintain all ~nstruction .equipment, as
recommended by manufacturer's manuals, to control eKhaust emissions.
. Shut down equipment when not in use foretdended periods of time, to
reduce exhaust emissions associated with idling.engines.
IN 10-104963
47
June ~OO7
~ME~
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OAIGlhlAL
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CITY OF SAK1:RSftELD
Ten'Section Project
GPAlZC 05-1580
SCH NO. 2007101007
BAKERSFIELD
,&
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. Encourage ride-sharing and use of transit transportation for 'Construction
employees commuting to the Project site.
. Use electric equipment for construction whenever possible in lieu of fossil
fuel-fired equipment.
. eurtail construction during periods of high ambient pollutant
concentrations.
. Construction equipment shall operate no longer than -eight cumulative
hours per day.
. All construction vehicles shall be equipped with proper emission .control
equipment and kept in good and proper running order to reduce NOx
emissions.
. On-road and off-road diesel equipment shall use aqueous diesel fuel if
permitted under manufacturer's guidelines.
. On-road and off-road diesel equipment shall use diesel particulate filters if
permitted under manufacturer's guidelines.
. On-road and off-road diesel equipment shall use cooled exhaust gas
recirculation (EGR) if permitted under manufacturer's guidelines.
. Use of Caterpillar pre-chamber diesel engines or equivalent shall be
utilized if economic and available to reduce NOx emissions.
. All construction activities within the Project area shall be discontinued
during the first stage smog alerts.
. eonstruction and grading activities shall not be allowed during first stage
ozone alerts. First stage ozone alerts are declar:ed when the ozone level
exceeds 0.20 ppm (one-hour average).
5.7-1b
Construction of the Project requires the implementation of control measures
set forth under Regulation VIII of the 'San Joaquin Valley Unified Air Pollution
eontrol District (SJVUAPCD) Fugitive PM10 Prohibition. The Project
Contractor shall implement the following mitigation measures, in addition to
those required under Regulation VIII of the SJVUAPeD, to reduce fugitive
dust emissions:
. Water previously disturbed exposed surfaoes (soil) a minimum of three-
times/day or whenever visible dust is capable of drifting from the site or
approaches 20 percent opacity.
IN 10-104963
48
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CITY OF BAKERSFIELO
'ten SectIon Project
GPAR:.C 05-1580
SCH NO. 2007101007
BAKERSFIELD
&
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. Water all haul roads (unpaved) a minImum of thr.ee-timeslday or
whenever visible dust from such roads is .capable of drifting 'from the site
or approaches 20 percent opacity.
. All access roads and parking areas shall be {;overed with asphalt-
concrete paving or water sprayed r.egularly.
. Dust from all on-site and off-site unpaved aooess roads shall be
effectively stabilized by applying water ()r using a chemical 'Stabiliz~r or
suppressant.
. Reduce speed on unpaved roads to less than 15 miles per hour.
. Install and maintain a trackout control device that rrle8ts the specifications
of SJVUAPCD Rule 8041 if the site e>EGeeds 1'50 vehicle trips per day or
more than 20 vehicle trips per day by vehicle with thr.ee or more axles
. Stabilize all disturbed areas, including storage piles, which are not being
actively utilized for construction purposes using water, .chemical
stabilizers or by covering with a tarp, other suitable cover or vegetative
ground cover.
. eontrol fugitive dust emissions during land clearing, grubbing, scraping,
excavation, leveling, grading orcut and fill operations with application of
water or by presoaking.
. When transporting materials offsite, maintain a freeboard limit of at least
six inches and cover or effectively wet to limit visible dustemissions.
. Limit and remove the accumulation of mud and/or dirt from adjacent
public roadways at the end of each workday. (Use of dry rotary brushes
is prohibited except when preceded or aooompanied by sufficient wetting
to limit visible dust emissions and use of blowers is ex.p~ly forbidden).
. Stabilize the surface of storage piles following the addition or removal of
materials using water or chemical stabi1iz~r/suppressants.
. Remove visible track-out from the site at the end of each workday.
. Cease grading activities during periods of high winds (greater than .20
mph over a one-hour period).
. Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and
restrict use of cutback, slow-cure and emulsified asphalt paving
materials.
. Grading shall be conducted in phases.
IN 1O-t04963
49
June 2007
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ORIGINAL
4
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CITY Of BAKERSfiELD
Ten Section Project
GPIVZC 05-1580
SCH NO. 2007101007
BAKERSFIELD
. Project site shall not be cleared of existing vegetation -cover until requir.ed
by construction.
. The Project developer shall revegetate graded areas as soon as it is
feasible after construction is completed.
5.7-1c
Prior to issuance of grading permits, the Project Contractor and/or Developer
shall submit a written statement to the -City of Bake!l;fl8ld Planning
Department stating that they shall maintain records documenting compliance
with all mitigation measures as required and shall make such records
available to the SJVUAPeD upon request.
5.7-1d
Prior to the issuance of grading permits, the Project Contractor and/or
Developer shall submit a written statement that they will allow an authorized.
representative of the SJVUAPeO to review construction equipment activity
and mitigation measure records for the purpose of assuring -compliance with
the applicable requirements of these mitigation measures and all tract
deyelopment requirements.
Long-Term (Operational) Impacts
5.7-2 The Project would result in an overall increase in the local and regional pollutant load due
to direct impacts from vehicle emissions and indif8ct impacts from electricity and natural
gas consumption. With implementation of the requit:ed Mitigation Measules, combined
mobile and area source emissions would exceed SJV APeD thresholds for NOx and
ROG. Analysis has concluded that impacts would be less than signifICant with
implementation of mitigation.
Facts SUDDortina Findinc
The proposed Project would have the potential to result in a long-term air quality impact
due to vehicle emissions from the resident's vehicle trips and thFOugh operational
emissions from on-site energy consumption, off-gassing from architectural -coatings, and
usage of consumer products due to the on-going use of the 788 single-family residential
homes. The proposed project would create 7,627 new vehicle trips a day, which would
increase regional emissions and have the potential to create local CO tlotspots at the
intersections near the Project site.
Long-term operational air emissions, with the selected .emission reduction measures
incorporated into the Project design, would exceed the SJVAPCD thresholds of
signifICance for ROG and NOx. In order to offset the .emissions in exoess of the
thresholds, the SJVAPeO Indirect Source Review (ISR) Program shan be implemented.
The SJVAPeO ISR Program provides a "checklist" of the available operational on-site
emission reduction measures that may be utilized in the design of the proposed Project.
The ISR Program allows for the Project applicant to either utilize additional emission
reduction measures, pay fees to fund off-site emission reduction projects, or a
combination of both additional on-site emission reduction measures and fees. .
The application of the ISR Program would reduce operational emissions; pefer to
Mitigation Measure 5.7-2. However, the reduction achieved through the ISR Program is
not quantified. The project applicant has .entered into an Air Quality Mitigation roP--KE
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Agreement with the SJVAPCD, which would reduce the net ROO and NOx emission
levels to less than significant. In addition the Air Quality Mitigation Agreement would
lower the net PM10 emission levels to less than significant. With implementation of the
Air Quality Mitigation Agreement, the proposed project's unavoidable sign'ifteant air
quality impact would be reduced to a less than significant level.
Mitigation Measure 5.7-2a and 5.7-2b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.7-2a Prior to tentative tract map approval, the Project Applicant shall demonstrate that
the following features have been incorporated into the Project design:
. Provide electrical outlets in the front and rear yards for landscape
equipment;
. Limit the number of solid fuel burning fireplaces per SJVUAPCD Rule
4901;
. Increase the intersection density to increase the ability of pedestrians
to walk to their destination;
. Provide sidewalks shall alongside roadways; and
. Provide bike lanes on arterials and 'Collectors.
5.7-2b Prior to approval Qf building, ,permits, the applicant shall comply in all respects
with developer's obligations under that certain Air Quality Mitigation Agreement
approved by the San Joaquin Valley Air Pollution eontrol Oistrict and developer.
Developers compliance with the Air Quality Mitigation Agreement will result in a
reduction of ROG, NOx, and PM10 net emissions to zero or in quantities suffICient
to fully mitigate the project's air quality impacts to the extent that the
development of the project will result in no net increase incmeria pollutant
emissions over the criteria pollutant emissions which would otherwise eKist
without the development of the project, all as verified by the San Joaquin Valley
Air Pollution eontrol District.
The Air Quality Mitigation Agreement approved by the 'San Joaquin Valley Air
Pollution Control District, and entered into by and between the Oistrict and
developer is a voluntary emission reduction program in line with AirDistrict goals,
and similar in nature to other agreements entered into by the Air Oistrict.
The developer shall provide evidence that they have a signed mitigation program
that has reduced the air pollutants associated with this project to less than
significant prior to recordation of any tract. The mitigation may be phased
proportionate and prior to recordation of each phase of the tract. Proof of
compliance from the SJVAPCD of the air quality mitigation agreement shall be
submitted to the Planning Director.
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SCH NO. 2007101007
BAKERSFIELD
BIOLOGICAL RESOURCES
Short-Term (Construction) Impacts
5.8-1 Construction of the proposed Project would result in temporary impacts on
biological resources in the Project area. Project adherence to all applicable
construction minimization measures outlined throughout this EIR would
reduce impacts to less than signifICant levels.
Facts SUDDortinc Findinc
Grading activities would disturb soils and result in the accumulation of -dust on the
surface of leaves, trees, shrubs and herbs. The respiratory function of the plants in the
area would be impaired when dust accumulation is excessive. However, most of the
vegetation on the Project site is non-native or agricultural. Implementation of standard
dust suppression measures identified in Section 5.7, AIR QUALITY, would serve to
reduce construction-related dust generation. Therefore, the indirect effect of impairing
respiration of existing plant species on the. Project site is considered less than
significant.
During construction of the proposed Project it is likely that noise levels on the Project <site
would increase above existing noise levels, then return to a lower level following the
completion of the construction period. Temporary incr:eases in noise Iev.els are unlikely
to impact wildlife because resident animals are already acclimated to the high noise
levels associated with on-site activities, nearby traffic, and adjacent development
activities. Additionally, with implementation of mitigation measures outlined in 'Section
5.6, NOISE, construction noise impacts would be less than significant. The Project is
not expected to result in wildlife displacement adjacent to the 'Site due to incr:eased
disturbance. Therefore, Project-related construction noise impacts would be considered
less than significant.
Mitigation Measures 5.8-1a through 5.8-1c of the Final EIR r:educe impacts below a level
of significance. The measures are as follows:
5.8-1a
Refer to the mitigation measures provided in 'Section "5.7, AIR QUALITY.
During grading activities, the Project Applicant shall ensure that construction
vehicle speed limits do not .exceed 20 miles per hour {mph) and the speed
limit is posted throughout the site for the duration of .construction activities.
5.8-1 b
5.8-1c
Refer to the mitigation measures provided in Section 5.6, NOISE.
Special Status Wildlife
5.8-3 Special status wildlife species were identiflBd on-site and on surrounding land
during the site visit. However due to the potential range of "SUch spec~s,
conformance to the MBHCP would be required to reduce impacts to less than
signifICant levels. Less than significant impacts with implementation of the
MBHCP and mitigation measures.
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Facts Supportina Findinc
Several special'status wildlife species were identified during the literature review and site
visits as potentially occurring within the Project site and vicinity. These species include
the Valley elderberry longhom beetle, BNLL, Swainson's hawk, Tipton kangaroo rat, San
Joaquin kit fox and the burrowing owl.
According to the Biological Resour.ce Assessment one Valley elderberry Ionghom beetle
was noted within the Project site. This beetle was isolated from any substantial habitat.
Therefore, it was concluded that the likelihood of the Valley elderberry longhom beetle
within the Project site is extremely low.
Although the BNLL has been recorded to historically occur within the Project site, the
focused surveys did not find an BNLL individual or evidence of BNLL within the Project
site. Therefore, the Biological Resource Assessment .concluded that it is e)dremely
unlikely that BNLL currently occurs within the Project site.
The Tipton kangaroo rat has been documented throughout the MBHCP area and.can
survive in many habitat types, including non-native habitat. Additionally, the San
Joaquin kit fox may forage or den within the Project site. Therefore, both species have'
the potential to be present within the Project site. However, incidental take of the
kangaroo rat and San Joaquin kit fox is covered under the MBHCP provided the
Applicant participates in the MBHCP prior to receiving development grading permits.
Eight active owl burrows and several foraging burrowing owls were observed within the
Project site during the site reconnaissance work. If burrowing owls occupy these -or any
other burrows within the Project site during Project activities, burrowing owl individuals
have the potential to be impacted. Additionally, individual burrowing owts that may
forage or pass through the Project area .could be subject to injury and mortality as a
result of Project vehicle traffic and .construction activities.
Compliance with the MBHCP is intended to -conserve entire -communities and
ecosystems. Although not known to occur in the immediate vicinity of the pFOpOSed
Project 'Site, impacts on habitat for special status species, including Tipton kangaroo rat,
San Joaquin kit fox and burrowing owl, will be mitigated through the payment of a one-
time mitigation fee due prior to disturbance and payable to the eityof Bakersfield at the
time grading plans are approved or building permits are issued. The MBHCP mitigation
fee is currently $1,240 per acre, although it may be increased in the future to keep pace
with inflation. The mitigation fee will apply to the acres of all vegetation types directly
impacted by the proposed Project. The proposed Project is located within the MBCHP
area; therefore, Project impacts are mitigated through implementation of the MBHCP
agreement. In addition to the MBHCP, implementation of additional mitigation measures
would reduce impacts to less than significant.
Mitigation Measures 5.8-3a through 5.8-3k of the 'Final.EIR reduce impacts below a level
of significance. The measures are as follows:
5.8-3a
Prior to issuartee of grading permits, the Project Applicant shall hire a
qualified biologist acceptable to the USFWS and COFG to -conduct a pre-
activity survey prior to any grounddisturbanoe in areas .subject to
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development to determine whether any known San Joaquin kit fc>>c dens or
other evidence of special-status species site occupation are present or have
subsequently been established. The pre-activity survey shall be conducted
between 30 and 60 days before ground disturbing activities are initialed.
5.8-3b The Project eontractor shall take avoidance measur.es for San Joaquin kit fox
dens, follow all agency guidelines regarding kit fox tracking and eMCavation to
prevent entrapment of animals in potential dens, as required by the
Metropolitan Bakersfield Habitat Conservation Plan (MBHCP).
5.8-3c Prior to issuance of grading permits and grading activities all pipes, .culverts
or similar structures with a diameter greater than four inches shall be.capped
or blocked to prevent entry by San Joaquin kit fox and other wildlife. If a pipe
is not capped, it shall be inspected for kit fox. If any kit fox are observed
within the pipe, they shall be allowed tosscape unimpeded.
5.8-3d During grading, the Project Contractor shall ensure that all trenches orsteep-
walled excavations greater than three feet deep shall include escape ramps
to allow wildlife to escape. each excavation shall contain at least one ramp,
with long trenches containing at \east one ramp every % mile. The ramps
shall be no steeper than a ratio of 1: 1.
5.8-3e Prior to grading activities all employees, .contractors or other persons involved
in the construction of the Project -shall attend a "tailgate" -session informing
them of the biological resource protection measures that shall be
implemented for the Project. The orientation shall be 'Conduded by a
qualified biologist and shall include information regarding the life history of the
protected species, reasons for special status, a summary of appltcable
environmental law and measures intended to reduce impacts.
5.8-3f During grading and construction, the Project eontractor shall.ensure all trash
and food waste is disposed of in closed-containers and 'Fegularly removed
from the Project site during construction. Absolutely no deliberate feeding of
wildlife shall be allowed.
5.8-3g During grading and construction, the Project eontractor shall.ensure all pets
shall be confined to on-site areas ~ither by remaining leashed 'Or -confined
within a suitable fenced area.
5.8-3h Prior to issuance of grading permits and grading activities the Project
eontractor shall conduct pre-construction surveys prior to ground disturbance
to ensure that no burrowing owls are present on"9ite and to ensure avoidance
of direct take or accidental entrapment of burrowing -owls. If nests are
encountered, use agency-approved buffer zones and avoid nests until the
young have fledged. Additionally, the following meaSUFeS, taken from the
Staff Report on Burrowing Owl Mitigation (eOFG 1995) should be followed in
order to minimize impacts, preserve habitat and reduoe potential impacts to
burrowing owls to a level of ~s than significant:
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. Occupied burrows shall not be disturbed during the nesting -season
(February 1 through August 31) unless a qualified biologist approved by
the eDFG verifies through noninvasive methods that either: (1) the birds
have not begun egg-laying and incubation; or (2) that juveniles from the
occupied burrows are foraging independently and ars capable of
independent survival.
. If owls must be moved away from the disturbance alea, passive
relocation techniques as described in the Staff Report on Burrowing Owl
Mitigation shall be used rather than trapping. At least one or more weeks
will be necessary to accomplish this and allow the owls to acclimate to
alternative burrows.
5.8-3i Prior to issuance of grading and building permits, the Project grading and
construction plans shall indicate that grading and construction activities,
which could potentially impact native bird and/or raptor nests (including
burrowing owl), shall be conducted between 'September 1 and January 31,
during the non-breeding season for most bird species. The following
measures shall be implemented to reduce potential impacts to native birds
and raptors:
. In compliance with Section 3503 and 3503.5 of the ealifomia fish and
Game eode and the Migratory Bird Treaty Act, if grading is to occur
during the native bird and raptor nesting breeding season '('February 1
through August 31). a qualified biologist shall determine the pr.esence of
any native bird and raptor nests prior to or .concurr.ent with grading
activities. This determination can be made during the pre-activity survey.
eDFG and USfWS shall be .contacted to obtain and comply with all
appropriate procedures relative to grading operations in proximity to any
active nests identified, if construction activities are to occur prior to
fledging of young.
. The pre-activity survey shall include a survey for burrowing owl. If active
burrowing owl burrows are detected outside the br.eeding $eason
(September 1 through January 31), burrows shall be avoided by a
suitable buffer distance as determined by a qualified biologist. During the
nesting season, burrow avoidance shall continue until young have
fledged .
5.8-3j Prior to issuance of grading and building permits site boundaries shall be
fenced to prevent construction equipment and vehicles from impacting
adjacent habitat areas potentially occupied by special-status species.
5.8-3k
During grading and construction if any previously unidentified protected
species that is not addressed in the MBHCP is found to be pFeSent, the
Project Applicant shall avoid the species and have it evaluated by a qualified
biologist. Notify the U.S. fish and Wildlife Service (USfWS) and the
California Department of 'Fish and Game (CDFG) any previously unreported
protected species. Any take of pro&ected wildlife shall be reported
immediately te> the COFG and USfWS.
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4
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Long-Term Impacts
5.8-4 The proposed Project would result in pennanent long-tenn impacts on
biological resources compared to existing conditions: Analysis has concluded
that no changes in composition or distribution of vegetation or wildlife would
occur, resulting in less than significant impacts.
Facts SUDDortinc Findinc
Wildlife Movement
No evidence that the site is an important migratory or movement corridor was observed
or has been documented. Although migratory birds move through the Project site
vicinity, no portion of the Project site that shall be subject to impacts has been
documented to be an important stopover or resting place for migratory birds. The Kem
Water Sank to the east and south has been documented to 'Support large numbers of
migratory species, both during migration and other life stages. However, the Project is
not expected to significantly impact these activities. Overall, the Project site is not
anticipated to significantly impair or impac~ movement or migration of wildlife species.
Noise
The completed Project would result in increased traffic volumes and noise levels that
would presumably increase over present levels as the traffic and occupancy inc~ases.
However, noise levels are already relatively high on the Project site, with traffic on
adjacent roads and residential uses to the north of the Project site. Therefore, the
permanent noise increase resulting from the proposed Project would be-considej;8d less
than significant in regards to wildlife.
Food Waste and Garbaoe
Extensive litter frequently accumulates around r.esidentiaJ and/or commeFCial
developments. The San Joaquin kit fox and other animals also may.eat plastic 'Sandwich
bags or other non-food garbage items that may ~ause their death. 'Solid waste <iebris
and litter may also accumulate and become a fire h~ard. Both waste and fife -can have.
adverse effects on wildlife habitats. In addition solid wastes may attract.coyo~ from the
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adjacent agricultural areas that could impact the San Joaquin kit fox. The provision .to
include covered litter barrels at appropriate locations would reduoe this impact to less
than significant levels.
Mitigation Measure 5.8-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.8-4 During construction, the Project eontractor and construction workers $hall
dispose of all food, garbage and plastic in closed containers and regularly
remove the containers from the site to minimize attracting ranging kit fox or
other animals to the site where they may be harmed.
CULTURAL RESOURCES
Archaeological Resources
5.9-1 Implementation of the proposed Project may cause a significant impact to
unknown archaeological or historical resources on-site. Implementation of the
required mitigation meaSUfeS would mduce impacts to unknown
archaeological resources to a less than signifICant level.
Facts SUDDortinc Findinc
A number of archaeological sites have been recorded within the adjacent McAllister
Ranch property, north of the Project site. No evidence of prehistoric artifacts or features
were identified with the Project site during the $ite investigation. Howewr, archival
records and current field findings on adjacent properties revealed that several prehistoric
archaeological sites and isolates are known to exist in the immediate vicinity. Previous
grading and development on the Project site could have disturbed prehistoric -cultural
resources that may have existed on the surface. The possibility of buried prehistoric
archaeological deposits on the property remains unknown. 'SignifICant impacts to
cultural resources resulting from development of the Project site are not anticipated to
occur. However, because there is a chance that buried or otherwise hidden
archaeological deposits or isolated artifacts could be locaed on the Project $ite,
development of the proposed Project has the po~ntial to disturb or destroy
undocumented archaeological or historical resources,' or human Femains.
Implementation of mitigation measures would reduce potential impacts to undocumented
archaeological resources to less than significant levels.
Mitigation Measures 5.9-1a and 5.9-1b of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.9-1a During grading and construction, if human remains are discovered during
construction, the State of California Public Resouroes Code (CEQA) requires
that further work or disturbance of "Site be halted. The discovery will be
. inspected and remains be handled in a manner consistent with P.ublic Code
5097.98-99, Health and Safety Code 70'50.5 and C'EQA 'Section 1'5064.5.
These procedures require notification of the appropriate Coroner's off toe. If
. the Coroner determines that the remains .are those of Native American, they
are required to notify the Native American Heritage Oommission by telephone
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SCH NO. 2007101007
within 24 hours. Section 5097.94 and 5097.98 of the State Public ResoUFGes
Code describe the procedures that should be followed after notifICation -of the
Native American Heritage -commission.
5.9-1 b
During grading and construction, in the event any unrecorded .cultural
resources are encountered on the Project site at a future time, a qualifJed
archeologist shall be contacted to evaluate the find in conformance with
15064.5 of State of ealifornia Public Resources Code. In summary, the
archeologist should determine the importance of the resource and .enact the
appropriate protective or mitigation measures in consultation with the Lead
Agency; the local Native American community and project proponent.
PUBLIC SERVICES AND UTILITIES
Fire Protection
5.10-1
Implementation of the proposed Project will not result in the need for
additional fire facilities or personnel. Compliance with fire safety standalds,
requirements and mitigation measures would reduce potential impacts.to less
than significant levels.
Facts SUDDortina Findino
Due to the potential increase in urban development beyond existing ronditions, an
additional demand for fire services may occur with implementation of the proposed
Project. The Kern eounty Fire Department operates at a ratio of 1.05 fire personnel per
1,000 population. Based on these service ratios and the potential population increase
resulting from the proposed Project, approximately three additional eity fire ilSrsonnel
would be necessary to maintain the current service ratios. However, according to a letter
from the Kern County Fire Department, no additional personnel andlor equipment for the
proposed Project are needed to maintain adequate fire protection services.
The City Fire Department has an existing staffing ratio of 0.79 City fire personnel per
1,000 population. Therefore, the eity Fire Department anticipates two additional fire
personnel in order to maintain adequate service levels. However, according -to both the
County and City Fire Departments, the proposed Project will not constitute the need for
the construction of new fire facilities or additional personnel.
It is anticipated that the proposed Project would increase traffic in the site vicinity, which
would create delays in emergency response. Additionally, the in'CFeases in .construction
activity and population would increase the number of medical aid -calls. The refoFe , the
conditions for approval of future development on-site may include an increase in Fire
Department personnel and additional emergency equipment in order to maintain an
acceptable level of service.
The proposed Project has the potential of having short~erm construction-related
impacts. If during construction there is a need to redirect traffic or block acsess routes
or residential streets, potential delays in emergency response could result. This
temporary impact would be reduced to less than 'Significant with implementation of
mitigation measures pertaining to coordination during oonstruction{r.efer<to Section 5.5,
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TRAFFIC AND elRCULA TION). Additionally, compliance with fire safety standards and
requirements such as interior sprinkler systems, fire alarms, emergency acoess and
adequate fire flow at public and on-site hydrants would be required during the plan .check
process and would reduce impacts to less than significant levels.
All development on-site shall be subject to the provisions of the Unifonn Fire Code and
local amendments; Titles 19, 22 and 27 of the Califomia Safety Code 'Regulations; the
Bakersfield Municipal Code; and the National fire Prevention Association '"Standards.
Mitigation Measures 5.9-1a and 5.9-1b of the final EIR reduce impacts below a level of
significance. The measures are as follows:
5.10-1 a Prior to issuance of grading permits the Project plans shall be r.eviewed by
the eity of Bakersfield Fire Department and the Kem County "Fire
Department. Specific Department requirements for access, fire flow,
hydrants or other fire and life safety requirements shall be addleSSed at the
subsequent property entitlement phase.
5.10-1b Refer to Section 5.5, TRAFFle AND elReULATION, for 'Shor:t~m
construction mitigation measures.
Pollee Protection
5.10-2
Implementation of the proposed Project will not result in the need for
additional police facilities or personnel. Compliance with police 'Safety
standards, requirements and mitigation measures would reduce potential
impacts to less than signifICant levels.
Facts SUDoortinc findinc
eonstruction of the proposed Project has the potential to cr.eate an increased demand
for police services on the Kem County Sheriff's Department and the -City of Bakersfield
Police Department due to the increase in urban development. At build-out, the pr'Oposed
Project may generate a population of 2,375 persons. The Kem --COunty 'Sheriff's
Department uses a target-staffing standard of one officer per 1,000 population
(excluding officers assigned to the eivil Division, Detentions Division and administrative
staff); however, due to a large number of vacancies within the 'Sheriffs 'Department, the
current staffing level is 0.65 officers per 1,000 population. Therefore, based on this
current staffing level, the implementation of the proposed Project would FeSult in the
need of two additional officers.
The City of Bakersfield Police Department has a current staffing level of approximately
1.3 officers per 1,000 residents. This population increase would translate into an
increase of three swom officers and two non-sworn offioers to adequately 'Service the
Project. The Bakersfield Police Department provided several mitigation measuF8S which
are safety components fundamental to all new developments within Metropolitan
Bakersfield (refer to Mitigation MeasuFes'5.9-2a and 5.9--20 below).
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The addition of officers, clerical staff and law -enforoement .equipment pursuant to
conditions of approval as set forth by the eity of Bakersfield, would decrease the
demand on the existing police services and reduce the signifICance of impacts to less
than significant levels.
Similar to the fire protection services, the proposed Project has the potential of having
short-term construction related impacts. eonstruction ar.eas may require additional
police monitoring throughout the duration of Project .construction both during .day and
nighttime periods. Additionally, the need to redirect traffIC or block aooess routes or
residential streets may arise which would result in potential delays in police r.esponse.
These temporary impacts would not be considered signiflCSnt with implementation of
mitigation measures pertaining to coordination during .construction (refer to 'Section 5.5,
TRAFFIC AND elReULA TION).
Mitigation Measures 5.10-2a and 5.10-2b of the Final EIR reduces impacts below a level
of significance. The measures are as follows:
5. 1 0-2a With submittal of sUbdivision. maps, the eity shall ensure that fundamental
safety components are included in Project design. These components
include, but are not limited to:
. The prevention of visual hindrances in J:egards to public gathering
locations.
. Planning considerations and elimination of traffic hazards at the Project's
conceptual level.
. Preventing the manufacturing of unintentional isolation locations for
individuals while engaged in recreational and/or .conveyance in or around
the Project site.
5.10-2b Refer to Section 5.5, TRA'FFle AND CIRCULATtON, for short-term
construction mitigation measures.
Schools
5.10-3
Development of the Project site would generate additional students beyond
existing conditions. Impacts are reduoed to less than signifICant with
implementation of mitigation measures.
Facts SUDDortina Findina
According to the Kem eounty Superintendent of Schools, the Project will not have any
environmental impacts on school facilities; however, the development will have a
signifICant impact on the .capacity of Panama-Buena Vista Union School District "Schools
and Kem High'School District 'SChools.
Table 5.10-2, -GENEAATION OFSTUOENTS, below, demonstrates the potential
number of kindergarten through 12th grade students generated by the Project.
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TABLE 5.10-2
Generation of Students
Generation # of Single Family Number of
Schools Factors Dwelllna Units Students
Buena Vista Elementarv 0.375 788 296
Earl Warren Junior Hiah 0.177 788 140
Hiah School 0.25 788 197
Total Number Students 788 633
Source: Letter from Kern County Superintendents ofSdlools, November 8,2006.
Letter from Kern Hiah School District, dated June 14, 2006.
The current student generation factor for the Buena Vista .elementary School within the
Panama-Buena Vista Union School District based on a generation ra~ of 0.375
students per single-family dwelling unit. Therefore, based on this generation factor, 296
additional elementary students are anticipated as a result of the Project. carl Wan:en
Junior High has a current student generation rate of 0.177 students per single-family
dwelling unit; therefore, 140 junior high students will result from the Project. The.current
student generation factors for the high schools within the Kern High 'School District are
based on a ratio of 0.25 students per single-family unit. Based on the high school
generation rate, an increase in enrollment of approximately 197 high school students is
anticipa~d.
The development of the Project would generate additional students beyond existing
conditions and would require the construction of additional school facilities, including the
construction of new schools to serve the increased population. McAllister Ranch, located
to the north of the Project site, proposes the construction of three 1K:hools, two
elementary schools and one junior high school. It is anticipated that upon <completion of
construction, students from the proposed Project will attend these proposed schools,
thus alleviating growth impacts on other elementary schools within the Panama-Buena
Vista Union School District.
New development fees are imposed on home-owners for school-relmed "Services within
each school district. The statutory fees are authorized under Education Code Section
~17620 and Government Code Sections ~6S995, ~5995.6 and 65995.7, amended
November 4, 1998. Collection of the current fees will occur at the time building permits
are issued. The statutory fees are based upon the square footage of the residential unit.
eurrently, the statutory fee is $2.e3 per square foot for residential <X>n5truction.
The addition of the anticipated 2,375 new residents from the Project will have an impact
on the school districts and, therefore, will necessitate the <construction of additional
school facilities to serve the population. Additionally, the Project would be Fequired to
contribute development impact fees to the school districts in accordance with the above-
mentioned standards and policies. Therefore, impacts will be Jedooed to less than
significant levels with implementation of mitigation measures.
Mitigation Measure 5.10-3 of the Final.EIR reduces impacts below a level of significance.
The measure is as follows:
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5.10-3
Pursuant to Government Code Sections ~6'5995, 6'5996 and '65997,
mitigation of the Project's impacts on public school facilities will be limited to
the collection of statutory fees authoriz.ed under Education Code 'Section
~17620 and Government eode Sections ~65995, 65995.6 and '65995.7 at the
time that building permits are issued. Currently, these fees are set a $2;63
per square foot, and the amount is subject to adjustment every two years.
Parks and Recreation
5.10-3
Development of the Project site would create additional demand on Parks
and Recreation facilities. Significance: L.ess than signifICant.
Facts SUDDortinc Findinc
According to the eity of Bakersfield Recreation and Parks Department, no existing City-
maintained parks or recreational facilities are located within %-mile of the Project site.
However, approximately 290-acres of recreational uses are proposed to the north of the
Project site as part of the McAllister Ranch SpecifIC Plan.
The Metropolitan Bakersfield General Plan indicates that the Project Applicant shall be
required to either dedicate land for recreational facilities on-site or pay in lieu fees
pursuant to Bakersfield Municipal Code 15.80 and 15.82. Dedication of park land is
required at a ratio of 2.5 acres of land per projected population of 1,000 persons. The
proposed Project is anticipated to increase the existing population within Metropolitan
Bakersfield by 2,375 people. According to Bakersfield Municipal Code 15.80, the
maximum park acreage for a community park is 20 acres and in-lieu fees are $1,505 per
residential unit. The Project proposes a 6.2-acre neighborhood park within the -central
portion of the Project site. This park will be constructed in accoFCIaooe with the <City of
Bakersfield Recreation and Park Department requirements and dedicated to the City.
Therefore, impacts associated with the future recreational facilities and the maintenance
of these facilities will be a less than significant impact upon build-out of the Project.
Mitigation Measure 5.10-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-4
Prior to submittal of the first subdivision map within the Project "Site,
developer/applicant shall submit application for a Master Parks and Trails
plan for the Project area. The plan must be approved by the Planning
eommission prior to consideration of the first subdivision map within the
Project site. The plan shall be in the format as determined by the Planning
Director.
Water Resources
5.10-5
Implementation of the proposed Project would require the expansion of
existing water distribution and additional supply facilities within the Project
area. Impacts are reduced to less than significant with implementation of
applicable water fees and mitigation meaSURes.
Facts SUDDortina Findinc
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Implementation of the proposed Project would require an expansion of the existing water
supply facilities. The expansions would include extending the.existing mainlirle pipelines
off-site to the Project site, as well as constructing four wells persection on-site.
Upon annexation into the eity of Bakersfield, the Project site would be supplied with.city
water services. According to the Water Supply Assessment, the -City of 8akersfl81d
proposes to deliver water to the Project site from groundwater extracted from the Kem
County Subbasin, and has adequate water supplies to serve the Project .'Site without
adverse impacts on the domestic water supply.
The water supply would have to conform with water quality 'Standards of the Federal
(United States Environmental Protection Agency), State (California Department of Health
Services) and the local agency (Kern County Health Department). Therefore,
compliance with these standards shall reduce impacts to less than significant 1e~ls on
existing water services.
Although water supply for the proposed Project site is expected to be suffICient, despite
the increase in water on-site, additional infrastructure would be required to r.each and
distribute water to the Project site: All water distribution infrastructures would be
installed as part of the proposed Project as development progr.esses within the Project
site. The Project Applicant would be required to pay all required fees for the connection
and extension of water services infrastructure to the Project site. Additionally, the
Project Applicant is required to pay eity fees for inspection of installation of water
facilities and City Water Availability Fees pursuant to the Bakersfield Municipal Code.
Implementation of applicable mitigation measures and service fees would r.educe
impacts to less than significant levels.
Mitigation Measure 5.10-5 of the 'Final EIR reduces impacts below a level of signiflCSOO8.
The measure is as follows:
5.10-5 Prior to filing a final tract or paroel map, the Oev.eloper 'Shall record a
covenant for each lot in the subdivision that prohibits the .export of
groundwater from the subdivision except by the water purveyor that is serving
the subdivision. Additionally, the Developer shall pay City f.ees for inspection
of installation of water facilities and City Water Availability Fees. Payment of
fees shall be made to the eity on a pro-rata basis prior to final acceptance
and recordation of each phase of the Project, based on the per.oentage of the
gross acreage contained in the particular phase to be accepted and r;ecorded,
as compared with the total gross acreage within the entire 'Project. All water
main, service -connections and fire hydrants shall be installed by the
developer and dedicated to the City. Plans and speciflCStions for such water
mains and appurtenances shall be prepared by andlor approval of plans for
installation shall be by the eity of Bakersfield. All improvements must be
installed or bonded for prior to the City issuing a letter guaranteeing a wiKer
supply.
Solid WastelLandfills
5.10-7
Implementation of the proposed Project would not result in incte8S8d demand
for solid waste services. Shod-tenn -construction impacts fBSulting from
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construction debris would increase solid waste on a temporary duration.
Significance: With implementation of applicable mitigation mea sums, impacts
would be reduced to less than significant levels
Facts SUDDortina Findinc
Implementation of the proposed Project would not result in an increase demand for solid
waste services. Although the Project will generate construction debris, it will be on a
short-term, temporary basis. The Project also proposes a limited amount of
deconstruction to accommodate the proposed improvements. However, the amount of
deconstruction materials and raw construction debris is not anticipated to be 'Significant.
The eounty charges a fee of up to $36 per ton at the Bena Landfill for the disposal of
construction waste. Recycling of construction debris would reduce the potential amount
of waste disposed of at landfills in the eounty and contribute to the recycling goals 'Set
forth by the City of Bakersfield and AB 939.
Waste from the Project site shall be disposed of at the 6ena Landfill. According to the
City of Bakersfield Public Works Department, Bena Landfill has suffICient permitted
capacity to serve the Project. However, implementation of the required mitigation
measures would further reduce waste generated from Project development and thus.
reduce potential impacts to less than signifICant levels.
Mitigation Measures 5.10-7a through 5.10-7c of the Final EIR reduce impacts below a
level of significance. The measures are as follows:
5.10-7a During construction, the eontractor shall separate all Project construction
debris and construction-related debris into !:ecyclable and non recyclable
items. All recyclable debris shall be transported to appropriate recycling
facilities to reduce waste disposed of at eounty landfills. Additionally,
recyclable materials as well as materials consistent with the waste-!:educing
goals of the City shall be used in all aspects of construction, when possible.
5.1 Q-7b Prior to issuance of grading permits, the Project Applicant shall 'Submit, for
review, a eonstruction and Demolition Recycling Plan to the !(ern County
Waste Management Development. The Recycling Plan shall include a plan
to separate recyclable/reusable construction debris. The plan shall include
the method to be implemented by the eontractor to haul r.ecyclable materials
and shall include the method and location of material disposal.
5.10-7.c Prior to recordation of the final tract map, the Pr.oject Applicant shall.provide
universal waste collection to the "Project site along with potential mandatory
collection for curbside r.ecycling.
Electrical Services
5.10-8
Implementation of the proposed Project would pequim tempot:Bry use of
electricity during construction and long-term electricity consumption.
Electricity use would result in eKC6ssive power cof16umption that would t:ffSult
in signifJC8nt impacts to existing facilities. With implementation -of mitigation
measures, less than signifICant impaots are anticipated.
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Facts SUDDortinc Findinc
The Project site is being served from the PG&E's Tevis Substation located on Buena
Vista Road, north of eampus Park Drive. According to PG&E, the proposed Project is
anticipated to generate approximately 10-Mw upon build-out. eurrently, there are
various 12-Kv electric distribution facilities located along the northem border of the
Project site. In addition, PG&E also has 21-Kv distribution lines along Panama Lane.
However, despite the existing power lines, additional. distribution lines and 'Substation
equipment will be required to adequately serve the proposed Project. Therefore, PG&E
is proposing to extend the existing 21-Kv distribution lines located along Panama Lane
to the Project site.
Construction of the Project would require temporary electrical power supply for .certain
equipment and lighting. The proposed Project would also require .electricity for str:eet
lighting along the roadway. The connections would be .constructed in accordance with
the requirements of the City of Bakersfield. Therefore, implementation of mitigation
measures will ensure that adequate electricity is provided to the Project site; therefore,
resulting in a less than significant impact.
Mitigation Measures 5.10-8a and 5.10-8b of the Final EIR reduce impads below a level
of significance. The measures are as follows:
5. 1 0-8a Prior to issuance of grading permits, 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.
5. 1 0-8b Prior to approval of a tract map the Project Applicant shall <coordinate with
PG&E staff early in the planning stages to .ensure that adequate facilities are
incorporated into the Project as soon as possible. In addition, the Project
Developer shall coordinate with PG&'E staff prior to construction regarding
any potential service or facility issues.
GEOLOGIC AND SEISMIC HAZARDS
Soils
5.11-1
Grading activities would be required to prepare the 'Site for development,
subsequently resulting in the exposure of soils to short-term erosion by wind
and water. Implementation of required mitigation measures would reduce
impacts to less than significant levels.
Facts SUDDortinc Findinc
Grading operations and the resultant manufactured embankments..oouldincrease the
potential for erosion and siltation both during and after the construction phase of the
Project. To mitigate the potential effects of erosion on-site, temporary and permanent
erosion control measures would be required, such as the use of 'Sandbags,
hydroseeding, landscaping and/or soil stabilers. The .contractor would be required to
submit a Storm Water Pollution Prevention 'Plan -(SWPPP), which includes.erosion
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control measures in order to comply with the National Pollutant Discharge .elimination
System (NPDES) requirements of the -Federal Clean Wa~r Act (CWA). Implementation
of mitigation measures would reduce the potential impacts to less than significant Ievets.
Mitigation Measure 5.11-1 of the Final EIR reduce impacts below a level ofsign-ificaOGe.
The measure is as follows:
5.11-1
Prior to issuance of grading permits the Project contactors shall incor:pora~
stormwater pollution 'Control measures into a 'SWPPP;BMPs 'shall be
implemented; evidence that proper clearanoes have been .obtained through
the SWRCB, including coverage under the NPDES statewide -General
Stormwater Permit for eonstruction Activities, must be demonstrated; and a
Standard Urban ~torm Water Mitigation Plan (SUSMP) shall be requif:ed as
required in the NPDeS permit for the area of the Project 'Site draining to the
Kern River.
HYDROLOGY AND WATER QUALITY
Flood Hazards
5.12-1
Future development on-site would result in incmased surface runoff and may
result in potential flooding impacts off-site. Analysis has concluded that, with
incorporation of drainage and hydrologic design meaSUR3S, impacts
associated with increased runoff would be reduced to a less than signifICant
level.
Facts SUDDortinc Findinc
The proposed Project site is relatively flat, with a low potential for runoff. Additionally,
the topography of the Project site would remain -similar to the existing conditions during
site grading and construction. The development of residential units, landscaping and
roadways would alter the drainage pattern within the Project site through the introduction
of impervious surfaces. Any water that is anticipated to drain off-'Site would be requir.ed
by the eity and eounty to drain into storm drain structures. The use of storm <drain
infrastructure reduces the amount of surface runoff and would -potentially reduce flooding
impacts.
Mitigation Measure 5.12-1 of the Final EIR redoce impacts below a level of significance.
The measure is as follows:
5.12-1
Prior to approval of the tract map the Applicant shall provide the drainage
system design for future developments and all future roadways, which 'Shall
include, but not be limited to the following requirements:
. Future on-site roadways shall be designed to accommodate adequate
flow capacity;
. Appropriate minimum stormdrain pipe 'Size diameter'Shall.tle specified by
the City Engineer; and
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. Stormdrain flow velocity limitations shall be specified by the City
Engineer.
Water Quality
5.12-3
Implementation of grading, excavation and construction activities 8'SSOCiated
with future developments could result in an increase in ulban pollutant
discharge resulting in impacts to water quality. Impacts would be 18duoed to
less than significant levels with the incorporation of NPDES requir:ements.
With the future urban development of the site, the proposed Project would irterease
urban pollutant discharge, especially during short-term construction phases. ,.t\e
discharge of materials other than stormwater from a particular 'Si~ is prohibited. With
urban development projects, the pollutants of concern include silt and sediment, oil and
grease, floatable trash, nutrients (including fertilizers), heavy metals, pathogens,such as
coliform bacteria) and other substances. Discharge of these 'Substances, referred to as
"controlled pollutants", into waters of the United States is prohibited.
Future proposed developments that involve grading and construction would -contribute to
an increase in pollution discharge. Individual development projects would be required to
mitigate short-term construction impacts pursuant to the NPDES criteria and standalds
on a project-by-project basis. The purpose of the NPDES permit is to ensure that the
Project area would eliminate or reduce construction-related~iments and pollutants
during stormwater runoff. Construction sediment erosion 'can be adequa~ly controlled
through the application of standard construction BMPs. Additionally, within Kern 'County,
post-development compliance with NPDES is regulated by the Kern .county "'Standard
Urban Water Mitigation Plan (SUSMP). Projects within the .city are required to "COmply
with the SUSMP through the implementation of the eity's Drainage Manual.
Implementation and compliance with the NPDES requirements would r.eduoe
construction-related impacts on water quality to a less than 'SignifICant level and
implementation and compliance with the SUSMP would reduce post development
impacts to less than signifICant levels.
Mitigation Measures 5.12-3a through 5.12-3c of the 'final.eIR reduoe impacts below a
level of significance. The measures are as follows:
5.12-3a Prior to approval of the tract map the Director of Public Works or hislher
designee 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.
5.12-3b Prior to issuance of grading permits the Project Contactor 'Shall incorpora~
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 NPOES statewide <General
'Stormwater Permit for Construction Activities, must be demonstra~; 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.
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5.12-3c Prior to approval of grading plans, the Project applicant 'Shall prevent any off-
site erosion impacts during construction. Erosion .control measures and
temporary basins for desiltation and detention shall be specifJed on the
grading plans and shall be constructed to the satisfaction of the Director of
Public Works prior to the state of grading operations.
Cumulative Impacts
5.12-4
The proposed Project. in combination with other cumulative projects. would
result in increased degradation of surface water quality and flooding impacts
in the area. Compliance with Federal. State and local ~uir.ements on a
project-by-project basis would reduce cumulative impacts to a Jess than
significant level.
Facts SUDDortina Findinc
Cumulative effects related to hydrology resulting from implementation of the proposed
Project and development in the vicinity and surrounding areas may .expose more
persons and property to potential water hazards. eumulative development may also
adversely affect downstream water quality, impacting surface and groundwatersupplies.
The potential cumulative impact is mitigated through required drainage studies to identify
potential impacts, relationship to eity and eounty drainage master plans, and
implementation of appropriate on-site and off-site drainage improvements. Projects are
also required to implement NPDES and BMP measures on a project basis ~ recluoe
potential water quality impacts. In addition, projects may require drainage improvements
to be in compliance with the Metropolitan Bakersfield General Plan and Bakersfield
Municipal Code standards in addition to local and regional agency requir:ements, as part
of the discretionary review process. There are no 1::umulative impacts associated with
the proposed Project.
Mitigation Measure 5.12-4 of the Final EIR reduces impacts below a level of-signiflCSnce.
The measure is as follows:
5.12-4
Prior to issuance of grading permits the Project Applicant shall obtain a
SUSMP for the proposed Project, as required in the NPOES permit for areas
draining to the Kern River, and provide evidence of the SUSMP to the City.
VIII. FINDING REGARDING INFEASIBILITY OF MITIGATION MEASURES FOR
SIGNIFICANT IMPACTS
The eity of Bakersfield, having reviewed and considered the information .contained in the
Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to
Public Resources Code 21081 (a)(3) and eEOA Guidelines 15091 (a)(3) that {i), that
specific economic, legal, social, technological, or other considerations, make infeasible
the mitigation measures identified in the Final EIR and, therefore, the Project Will'CSUS8
significant unavoidable impacts in the category of Aesthetics, Light and Glare, Traffic
and Circulation, and Air Quality.
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AESTHETICS, LIGHT AND GLARE
Cumulative Impacts
5.4-4 Project development, together with cumulative projects, may fBSUlt in gr:eater
urbanization and the loss of views in undeveloped areas of the southwestem
portion of the City of Bakersfield. SigniflCBnce:Unavoidable Significant
Impact. The Metropolitan Bakersfield General Plan EIR identified a significant
and unavoidable adverse aesthetic impacts, with buildout of the -General
Plan.
Facts SUDDortinc Findinc
eonstruction of currently approved and pending projects in the Project vicinity would
permanently alter the nature and appearance of the area through loss of open space
areas. As development occurs throughout the Project ar.ea, r.esidents and visitors in the
area would notice the visual effects of urbanization. The signiflCartee of these visual and
aesthetic changes is difficult to determine, because aesthetic value is subjective and
potential impacts are site-specific. Security and street lighting would introduce light and
glare potential to the area. Impacts are typically mitigated separately for each project.
Cumulative impacts can be mitigated to less than significant levels with use of building'
materials that are consistent with the general character of the area, landscaping design
and proper lighting techniques to direct light on-site and away from adjacent properties.
Pages 5.3 and 5.4 of the Metropolitan Bakersfield ;(;eneral PlanEIR states that
development in accordance with the General Plan would convert .existing open space to
urban uses, resulting in the incremental loss of open space within Bakersfield. This
conversion is considered an unavoidable adverse impact, for which a statement of
overriding considerations was adopted. The open space and mineral and petroleum
land use designations contained on the Project site were in effect at the time the <General
Plan EIR was certified. The Project proposes an amendment to the .General Plan to
allow development of urban uses on the Project site. As such, the Project, together with
cumulative development in western Bakersfield, would exoeed the General Plan EIR
assumptions and conclusions and would contribute additional impacts not previousiy
anticipated in the General PlanEIR. This exceedance constitutes a signifteant and
unavoidable cumulative impact related to aesthetics, light and glare.
TRAFFIC AND CIRCULATION
Cumulative Traffic
5.5-5 Implementation of the proposed Project, combined with .cumulative project
development, may cause a significant increase in traffic when compamd to
the traffic capacity of the street system and may exceed an established L.oS
standard. Significant and Unavoidable Impact.
Facts SUDDortinc Findinc
Opening Year 2011 Intersection LOS
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With the addition of Project-generated trips, eight intersections would continue to
operate with unsatisfactory LOS for opening year 2011 :
. South Allen Road/Ming Avenue (LOS F in AM peak hour);
. Buena VistalWhite Lane (LOS D in AM peak hour);
. Buena Vista Road/Pacheco Road (LOS F in both peak hours);
. Buena Vista Road/Panama Lane (LOS F in both peak hours);
. Old River Road/Panama Lane (LOS F in both peak hours);
. Gosford Road/Panama Lane (LOS F in both peak hours);
. Ashe Road/Panama Lane (LOS F in both peak hours); and
. Wible Road/Panama Lane (LOS D in PM peak hour).
Additionally, the addition of Project trips to the following intersections would be
considered a significant impact since the LOS changes from satisfactory {in 2011
Without Project) to unsatisfactory levels with the addition of Project traffic:
. 1-5 NB rampslTaft highway (LOS e to L'OS E in PM peak hour);
. Buena Vista Road/Campus Park Drive (LOS C to LOS D in AM peak hour);
. Buena Vista Road/Harris Road (LOS C to LOS E in PM peak hour);
. Gosford Road/Panama Road (LOS D to LOS F in PM peak hour); and
. Wible RoadlPanama Lane (LOS D to LOS E in AM P.eak hour).
Several roadway segments are forecast to operate at an unsatisfactory LOS for opening
year 2011 with Project conditions. Therefore, based on established thresholds of
significance, Project implementation would result in signifteant cumulative traffIC impacts
for opening year 2011.
Cumulative Year 2030 Intersection LOS
Based on the results of the 2030 eumulative plus Project traffIC analysis the following
intersections that were forecast to operate with unsatisfactory LOS in the 2030 Cumulative
without Project condition would continue to operate with unsatisfactory LOS in 2030
Cumulative Plus Project condition:
. South Enos Lane/Panama Lane (LOS F in both peak hour);
. 1-5 southbound rampslTaft Highway (LOS f in -both peak hours);
. South Allen RoadlWestside Parkway eastbound ramps (LOS D in
hours);
. South Allen Road/Campus Park Drive (LOS D in both peak hours);
. South Allen Road/Pacheco Road (LOS'[) in both peak hours);
both peak
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. South Allen Road/Pensinger Road (LOS D in AM peak hours);
. South Allen Road/Panama Lane (LOS D in PM peak hour;
. ealloway DrivelWestside Parkway westbound ramps (L:OS 0 in PM peak hour);
. ealloway Drive/Stockdale Highway (LOS D in AM peak hour; LOS E in PM peak
hour);
. Old River Road/Panama Lane (LOS D in AM peak hour);
. Gosford Road/Panama Lane (LOS D in AM peak hour);
. Ashe Road/Panama Lane (LOS D in AM peak hour);
. New Stine Road/Panama Lane (LOS D in AM peak hour);
. Wible Road/Panama Lane (LOS D in AM peak hour); and
. West Beltway northbound ramps/Panama Lane (LOS D in AM peak hour).
The proposed Project would create a cumulative impact at these intersections as they
were already forecast to operate with unsatisfactory LOS without the Project {in the.'2030
Cumulative condition).
The Project would create significant traffic impacts at six intersections in the Cumulative
2030 plus Project condition, as it would cause these intersections to degrade to an
unsatisfactory LOS from a satisfactory LOS.
. Canfield Parkway/Panama Lane (new Project proposed intersection; LOS 'F in
both peak hours);
. South Allen Road/Panama Lane (LOS {; to LOS 0 in AM peak hour);
. Buena Vista Road/Stockdale Highway (LOS C to LOO '0 in AM peak hour);
. Buena Vista Road/Harris Road (LOS {; to LOS D in PM peak hour);
. ealloway DriveNVestside Parkway WB Ramps {LOS D to LOS E in AM peak
hour); and
. Gosford Road/District Boulevard (LOS C to LOS 0 in PM peak hour).
The improvements required to mitigate Project impacts were .evalua~d for the above
intersections (refer to Mitigation Measures 5.5--2u through 5.5..2gg above). Project .traffIC
impacts at the mitigated intersections are R:!duced to a less than significant 1e~1 for
cumulative year 2030 with-Project conditions.
Opening Year 2011 Plus Project Roadway LOS
The following roadway segments are forecast to operate at an unacoeptable bOO (LOS C
or worse) for opening year 2011 with Project conditions:
. South Allen Road, between Brimhall Road and Westside Parkway and Westside
Parkway to Stockdale Highway (LOS F). Aocording -to the Metropolitan
Bakersfield -General Plan, 'South Aflen "Road is designated as a north.l$Outh
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'CITY OF BAKERSFIELD
Ten Section Project
GPAlZC 05-1580
SCH NO. 2007101007
Arterial. eurrently, this section of South Allen Road ~ being widened and a new
bridge across the Kern River has been proposed. Therefore, the L'0S along
South Allen Road would be improved to 'Satisfactory levels once the construction
is complete;
. Buena Vista Road, between Pacheco Road and Pensinger Road {LOS F);
. Buena Vista Road, between Pensinger Road and Panama Lane (LOS E);
. ealloway Road, between Brimhall Road and Stockdale Highway (LOS.e);
. Gosford Road, between Harris Road and Panama Lane (LOS D);
. Panama Lane, between Buena Vista Road and Old River Road (LOS "F);
. Panama Lane, between Old River Road and Gosford Road (LOS E);
. Panama Lane, between Gosford Road and Ashe Road (LOS F); and
. Panama Lane, between New Stine Road and Wible Road {LOS F).
Cu"!ulative Year 2030 Plus Project Roadway LOS
The following roadway segments are forecast to operate at an unacceptable LOS (LOS e
or worse) for opening year 2030 with Project<conditions:
. Buena Vista Road, Stockdale Highway and Ming Avenue (remain at LOS D);
. ealloway Drive, Brimhall Road to Stockdale Highway {remain at LOS F);
. ealloway Drive, Westside Parkway to Stockdale Highway.(remain att.OS F);
. Old River Road, Stockdale Highway and Ming Avenue {remain at LOS E);
. Old River Road, Ming Avenue to White Lane (remain at LOS F);
. Gosford Road, District Boulevard to Harris Road {remain at LOS F);
. Gosford Road, Harris Road to Panama Lane (LOS D to LOS E);
. Stine Road, Harris Road to Panama Lane {remain at LOS E);
. Wible Road, Harris Road to Panama Lane {remain at LOS F);
. Ming Avenue, Buena Vista Road to Old River Road (remain at LOS D);
. Panama Lane, Buena Vista Road to Old River Roado(remain at LOS D);
. Panama Lane, Gosford Road to Ashe 'Road {remain at LOS €);
. Panama Lane, Ashe Road to Stine Road (remain at LOS F);
. Panama Lane, Stine Road to Wible Road (remain at LOS F); and
. Panama Lane, Wible Road to SR 99 (remain at LOS "F).
Overall, with adherence to the Metropolitan Bakersfield RTIF program, applicable goals
and policies of the Metropolitan Bakersf/8ldGeneral Plan, implementation of the
Project's pro-rata share of the recommended improvements, and consideration of futuFe
IN 10-104963
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CITY OF BAKERSfIELD
Ten Section Project
GPAlZC {)5-1'580
SCH NO. 2007101007
circulation improvements on a project-by-project basis, cumulative traffIC impads would
remain signifteant.
Mitigation Measure 5.5-5 of the Final EIR reduces impacts; however impacts would
remain significant and avoidable. The measure is as follows:
5.5-5 Refer to mitigation measures 5.5-2a through 5.5-2gg.
IX. FINDING REGARDING ALTERNATIVES
The eity of Bakersfield, having reviewed and considered the information .contained in the
Final EIR, appendices to the Final .fIR and the administrative record, finds, pursuant to
Public Resources eo de 21081 (a)(3) and CEOA Guidelines 1'5091 {a)(3) that (i) the
Final EIR considers a reasonable range of project altematives and mitigation measur.es.
The following four alternatives have been determined to represent a reasonable range of
alternatives which have the potential to feasibly attain most of the basic objectives of the
Project but which may avoid or substantially lessen any of the signifteant impacts of the
proposed Project:
No Project/No Development Alternative
The "No Project/No Development" Altemative assumes that the proposed >General Plan
Amendment or zone change, annexation and subsequent development would not be
implemented. Under this scenario, the General Plan Land Use Designation on the
Project site would remain R-MP (Resource-Mineral Petroleum); the zoning would r.emain
A (Exclusive Agriculture); and the Project site would remain under Kern County
jurisdiction. Additionally, this Alternative assumes that existing land uses on the Project
site would remain unchanged, and, as such, would remain under oil drilling and gas
production uses and as vacant land. Because the Project site would remain unchanged,
few or no environmental impacts would occur.
Under the "No Project/No Development" Alternative this Project site would remain under
oil drilling and gas production. Therefore, no impact to mineral resour<JeS resulting from
the proposed Project would occur. Therefore, under this Alternative no impaots .to
mineral resources would occur. This Alternative serves as the baseline against which to
evaluate the effects of the proposed Project and other project Altematives. The No
Project Altemative would prodooe no immediate environmental impacts; oonsequently,
no mitigation would be required.
The "No Project/No Development" Altemative would not result in any of the
environmental impacts associa~d with the construction and development of the
proposed Project. This Alternative would avoid po~ntial impacts resulting from alteration
of the Project site's physical -characteristics and construction of residential uses.
Maintaining the Project site in its existing ''Condition would also.eliminate potential
impacts to mineral resources, public health and "Safety, aesthetics, light and .glar.e traffic
and circulation, noise, air quality, biological resources, cultural resoufOeS, public~rvioes
and utilities, geologic resouraes, and hydrology and water.quality.
IN 10-104963
73
June 2007
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GPAIZC 05-1'S8O
S<:H NO. 2007101007
4
BAKERSFIELD
.
Implementation of the "No Project/No Development" Alternative would avoid the
environmental impacts identified for the proposed Project, however, this Altemative
would not preclude the potential for development of the Project site at 'Some futuR! date.
"No Project/No Development" Altemative would not be sufficient to Greate a residential
development adequate to sustain future growth projections within southwestem
Bakersfield. This Alternative would reduce impacts compared to the proposed Project in
all categories. The "No Project/No Development" Alternative is the environmentally
superior Alternative, as it would not result in environmental impacts associaEd with
construction. However, this Alternative was rejected because it does not fulfill any of the
objectives of the proposed Project.
"No Project/Development in Accordance with Existing General Plan Designation"
Alternative
Under the "No Project/Development in Accordanoe with E)(isting General Plan
Designation" Alternative, the Project site would be developed to the maximum intensity
allowed under the existing Geneml Plan land use designation and the .project 'Site would
not be annexed into the eity of Bakersfield corporate boundaries. Implementation of this
Alternative would consist of development on the 220-acre Project 'Site under the -cun:ent
land use designation of R-MP (Resource - Mi r1era I Petroleum) and OS {Open "Space).
The R-MP designation allows the development of dwelling units at a density of Orle unit
per five acres and the OS designation does not allow for the development of residential
uses. Therefore, this Alternative would yield 44 single-family dwelling units, and would
allow continued oil drilling and gas production on the R!maining acreage of the five-acre
parcels.
This Alternative, when compared to the proposed Project, would not require a Gerleral
Plan Amendment or zone change. This Alternative would be 'Consrstent with land uses
identified in the General Plan and Zoning Ordinance, and would not modify the .existing
eity corporate boundaries. Implementation of this Altemative would substantially reduce
the number of dwelling units; therefore, this Alternative would lessen impacts associated
with aesthetics, biological resources, land use and relevant planning, noise, public
services and utilities and traffic and circulation by approximately 94.'5 peFGent.
The "No Project/Development in Accordance with Existing General Plan Designation"
Alternative does not meet the Project objectives for construction of approximately 788
dwelling units at an average density of 3.5 to 3.75 units per acre. Although
implementation of this Alternative would be consistent with the existing -Geneml Plan
land use designation and zoning for the Project site, not all of the 'Stated Project
objectives would be satisfied. This Alternative would not be suffICient to -create a
residential development adequate to sustain future growth .projections within
southwestern Bakersfield. The "No Project/Development in Accordance with "'Existing
General Plan Designation" Alternative would not all meet the Project objectives. Thus,
this Alternative was rejected.
"Reduced Density" Alternative
Under the "Reduced Density" Altemative, the Project site would be .developed under the
Estate Residential (Minimum 1 Net Acre/Unit) land use designation. '-his-density would
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BAKERSFIELD
&
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CITY<>F BAKi:RSFIELD
Ten SectIon Project
'GPAIZC 05-1580
SCH NO. 2007101007
allow development of one dwelling unit per acre, for a total of 220 single-family dwelling
units. Additionally, under this Alternative, the Project site would be anne>Ged into the
corporate boundaries of the eity of Bakersfield and require a {3PA and ,zone -change.
This Alternative would have equivalent impacts in the .categories of mineral resouroes,
public health and safety, biological resouroes, cultural resour.oes, geologic resourres and
hydrology and water quality. This Altemative would lessen impacts associated with
aesthetics, air quality, land use and relevant planning, noise, public services and utilities
and traffic and circulation by approximately 72 percent. However, because of the
significant reduction in residential units, the "Reduoed Density" Alternative would -only
partially meet the Project objectives. Thus, this Alternative was reje<:ted.
"Increased Density" Alternative
Under the "Increased Density" Alternative, the Project site would be developed under
both the Low Density Residential (LR) Land Use Designation and the High Medium
Density Residential (HMR) Residential land use designation. The LR designation allows
for the development of 7.26 dwelling units per net acre and the HMR Residential
designation would allow for the development of between 7.26 and 17.42 dwelling units
per net acre. These land use designations provide for the development of '"Single -family
residential units and large multiple-family structures (apartments, apartment hotels, and
condominiums). For the purposes of this analysis, it is assumed the Project site would
be split into 50 acres of LR and 115 acres of HMR. The total gross acreage of the '
Project site must be reduced by appro,ximately 25 percent to account for roads, sumps
and other public improvements and utilities in order to approximate net acreage.
Additionally, this analysis assumes the highest density allowed by the land use
designations and therefore would result in the development of 2,118 units {363 at 7.26
units/net acre and 2,003 units at 17.42 units/net acre).
The "Increased Density" Altemative would not result in a decrease in environmental
impacts. However, this Altemative would meet the objectives of the proposed Project.
This Alternative would not reduce any impacts associated with the proposed Project. It
would result in similar impacts or increase the level of impacts to all envir-onmental
categories discussed above. Therefore, the "Increased Density" Altemative is inferior to
the proposed Project and is thus rejected from further consideration.
Environmentally Superior Alternative
The purpose of the Alternatives evaluation is to develop Project Alernatives that have
fewer or no significant impacts compared to the proposed Project. ce'OA Section
15126(d)(2) indicates that, if the "No ProjectlNo Development" Altemative is the
"Environmentally Superior" Altemative, then the EIR shall also identify an
Environmentally Superior Altemative among the other Alternatives. In this.case, the "No
Project/No Development" Alternative (Existing Conditions) is the environmentally
superior Alternative, as it would not result in environmental impacts associmed with
construction. However, the "No Project/No Development" Altemative would not 'Satisfy
the Project's objectives.
The "No Project/Development in Aocordance with Existing -General Plan Designation"
Alternative would allow buildout of the Project area under the existing 'General Plan and
IN 10-104063
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Ten 'Section Project
GPAlZC 05-1'580
SCH NO. 2007101007
.
zoning designations. Although this alternative results in reduced .environmental impacts
while allowing partial development of the site, this alternative does not-entirely fulfill the
Project's stated objectives and is therefore rejected as an environmentally superior
alternative.
The "Reduced Density" Alternative would have similar adverse impacts on mineral
resources, public health and safety, biological resources, cultural resources, geologic
resources and hydrology and water quality. However, this Alternative would have lesser
impacts on aesthetics, air quality, land use and relevant planning, noise, public services
and utilities and traffic and circulation would be reduced, while meeting the proposed
Project's objectives to some degree.
Although development of the Project site in aocordance with the "No
Project/Development in Accordance with Existing General Plan Designation" Alternative
or "Reduced Density" Altemative would result in minimal environmental impacts, neither
Alternative would fulfill the Project's objectives, because the yield of residential dwelling
units would be much lower.
In comparison, the "Increased Density" Alternative would meet the majority of the
proposed Project's objectives, however would r:esult in incFeased or equivalent
environmental impacts compared to the proposed Project.
Based on the reasons stated above, the proposed Project is the ,environmentally
superior Alternative because no other Alternative both feasibly achieves the objectives of
the Project and avoids the potentially significant impacts of the Project.
JN 10-104963
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Ten 'SectIon Project
-GPAlZC 05.1580
SCH NO. 2007101007
BAKERSFIELD
EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Section 15093 of the CEOA Guidelines, decision-makers are required to
balance the benefits of a project against its unavoidable environmental risks in
determining whether to approve a project. In the event the benefits of a project outweigh
the unavoidable adverse effects, the adverse environmental effects may be .considered
"acceptable". The eEOA Guidelines require that, when a public agency allows for the
occurrence of significant effects which are identified in the Final EIR but are not at ieast
substantially mitigated, the agency shall state in writing the specific reasons the action
was supported. Any statement of overriding considerations should be included in the
record of project approval and should be mentioned in the Notice of Determination.
To the extent the significant effects of the project are not avoided or substantially
lessened to a level of insignificance, the City of 8akersfield, having reviewed and
considered the information contained in the 'Final Environmental Impact Report for the
project, and having reviewed and considered the information -contained in the public
record, and having balanced the benefits of the project against the unavoidable effects
which remain, finds that such unmitigated effects to be acceptable in consideration of the
following overriding -considerations dtscussion.
The eity finds that all feasible mitigation measures have been imposed to lessen project
impacts to less than signifICant, and furthermore, that alternatives to the project are
infeasible because they have greater environmental impacts, do not provide the benefits
of the project, or are otherwise socially or economically infeasmle as fully described in
the project findings.
The environmental analysis undertaken for the Ten Section Project indicated the Project
would result in contributions to aesthetic, light and glare (cumulative impacts) and traffIC
and circulation (cumulative traffic) that would represent a 'Significant adverse
environmental effect on a project basis.
The eity of Bakersfield, as Lead Agency and decision-maker for the project, has
reviewed and considered the information contained in both the Draft and 'Final €IRs
prepared for Ten Section Project and the public record. The project benefits include the
following:
. Provide residential uses to meet the housing demand specified in the
Metropolitan Bakersfield General Plan Land Use Element.
. Provide a residential development of 'Sufficient scale to permit master planning of
infrastructure, parks and public services to achieve the greatest possible
efficiencies and synergies.
. Provide development similar to and consistent with existing and approved
development on nearby parcels to maintain and enhance property values and
enhance compatibility of neighborhood>eharader.
IN 10-104963
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GPAlZC 05-1580
'SCH NO. 2007101007
.
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. Provide single-family residential homes at a variety of densities .on the Project
site.
. Locate development in areas of relatively lesser environmental sensitivity,
accommodating growth while balancing .environmental considerations.
. Located housing adjacent to major arterials to better promote effICient traffic
flows and minimize traffic demands on local and collective 'Streets.
. Promote growth in areas with existing or developing t:esidential neighborhoods
and adequate commercial services.
. Provide residential housing for a range of homebuyers.
. Provide landscaping and roadway improvements along Panama Lane that will
benefit the community, make the road safer for vehicles and pedestrians, and
satisfy the circulation element requirements of the Metropolitan Bakersfield
General Plan.
The Lead Agency makes the following finding, pursuant to Section 1'5093 of the CEOA
Guidelines, with regarq to the "Statement of Overriding eonsiderations for the Ten
Section Project:
California Administrative Code, Title 14, Section 15093(a) states: "If the
benefits of a proposed project outweigh the unavoidable adverse
environmental effects, the adverse environmental effects may be
considered 'acceptable'." Based on the above discussion and on the
evidence presented, the City of Bakersfield therefom finds that the benefits
of the proposed project outweigh the adverse impacts to aesthetic, light
and glare (cumulative impacts) and traffIC and circulation (cumulative
traffic) associated with the Ten Section Project, which cannot be
eliminated or reduced to a /evelless than signifICant.
IN 10-104963
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June 2007
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Mitigation Monitoring and Reporting Checklist
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