HomeMy WebLinkAboutRES NO 036-08
RESOLUTION NO.
036 08
RESOLUTION MAKING FINDINGS, ADOPTING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE TEN SECTION
PROJECT, UPHOLDING THE APPEAL AND APPROVING
GENERAL PLAN AMENDMENT NO. 05-1580, AN AMENDMENT
TO THE LAND USE AND CIRCULATION ELEMENTS OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED
SOUTH OF PANAMA LANE AND EAST OF NORD AVENUE.
(WARD 5, UPON ANNEXATION)
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Monday, JUrle 18,2007
and on Thursday, June 21, 2007, on General Plan Amendment No. 05-1580 of the proposed
amendment to the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan,
notice of the time and place of hearing having been given at least ten (1 0) .calendar days betore Mid
hearing by publication in The Bakersfield Californian, a local newspaper of gerleral ci~ulation; and
WHEREAS, Jim Manley, 10 Section LLC, made an application for a general plan amendment tor
property generally located along the south side of Panama Lane between Nord Avenue on the west and
the Kern County Water Bank Authority on the east and to the south, as shown in attached Exhibit "A, n to
allow development of single family developments on approximately 220 acres, morespeciflC8l1ystMd
as follows:
General Plan Amendment 05.1580:
Jim Manley, 1{) Section LLC, has applied to amend the Land Use and Cir.culation
Elements of the Metropolitan Bakersfield Gerleral Plan from R-MP (Resource - Mirleral
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 Larle, and pr.oposing a
collector road (Canfield Parkway) from Panama Larle through theoentral portion.of the
Project site.
WHEREAS, for the above described project, an Initial Study was oonduded and it was
determined that the proposed project would have a significant effect on the.environment and ther.efOfe,
an Environmental Impact Report (EIR) for the project was prepared in accor.cJance with the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant/property oWrler has indicated the purpose of the request is to facilitate
development of single family land uses within the City of Bakersfield; and
WHEREAS, the project site lies within a path of development with approved urban development
projects in progress; and
WHEREAS, adjacent urban development projects as well as local government agency efforts
have extended or will extend supporting utilities and infrastrudure adjaoent to the property; and
WHEREAS, the applicant appealed the Planning Comrntssion decision to deny the pr<oject;
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WHER-EAS, the Council has .oonsKier.ed and hereby makes the following findings: ~ ~\
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ORIGINAL
1. The laws and regulations relating to the preparation and adoption of tnvironmental
Impact Reports as set forth in CEQA, the State CEQA Guidelirles, and the City of
Bakersfield CECA Implementation Procedures, have been duly followed by city staff and
the Planning Commission; and
2. All required notices have been given; and
3. The provisions of CEQA ha.ve been followed; and
4. Based on the initial study and comments. received, staff has <ietermifled that the
proposed project could have a signifICant effect on the environment. An .environmental
Impact Report known as the Ten Section Development ProjectEIR, was'Certifiec:l for the
project in accordance with CEQA; and
5. The amendment to the General Plan Land Use Element from R-MP{Resouroe-Mirleral
and Petroleum) and OS (Open Space) to LR (Low Oensity'Residential) on 220 acr.es of
land; and a request to amend the 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 is consistent with the Metropolitan
Bakersfield General Plan.
6. The City Council upholds the appeal.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVeD as follows:
1. The above recitals and findings incorporated herein by r:eference are true and correct
and constitute the Findings of the City Council in this maUer.
2. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commtssion to the City
Council, is hereby received, accepted and approved.
3. The City Council upholds the appeal.
4. That General Plan Amendment No. 05-1580 to the Land Use andCipculation.elements
is hereby approved to amendment to the Gerleral Plan Land Use-Element from R-MP
(Resource - Mineral and Petroleum) and OS (Open Space) to LR (Low Oen'Sity
Residential) on 220 acres of land; and a request to amend the >Circulation Element
Amendment eliminating an unnamed exrsting .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 as shown on the attached maps in
Exhibit "Bn subject to the conditions of approval/mitigation measur:es for the project as
shown in Exhibit "Cn and Mitigation Monitoring and Reporting Checklist adopted in the
Final Environmental Impact Report as shown in Exhibit '"Fn.
5. Attached Exhibit "Dn -containing the "Statement of Facts and"Findingsn are appropri%~t~
and incorporated into the project. ~<.v~
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6. Attached Exhibit "En containing the "Statement ofOverridingConsiderationsn related 1:0
significant unavoidable impacts for aesthetics, light and glare, and traffIC and circulation
impacts is appropriate and adopted for the project.
7. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
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ORIGINAL
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'F.ebruary, 2008 by the
following vote:
~ -cOUNCILMEMBER CAR~, BEN~, wEIR: ge~ell. HA~N. SULLw;;:;:" 'SC~R
~ COUNCILMEMBER i\ fh;.JJ
ABSTAIN: "COUNCILMEMBER_r\ ..F5VLe.....-
ABSENT: COUNCILMEMBER ~ U c L-
PAMELA A. McCARTHY, CM
CITY CLERK and Ex OffICio C rk of the
Council of the City of Bakersfield
HARVEY L. L
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~ 7/ L~.(iA-
EXHIBIT A Location Map
B Land Use and Circulation Element Arrlendment Maps
C Conditions of Approval/Mitigation Measures
D Statement of Facts and Findings
E Statement of Overriding Considerations
F Mitigation Monitoring and Reporting Checklist
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Exhibit A
Location Map
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Exhibit B
Land Use and Circulation Element Amendment Maps
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CITY OF BAKERSFIELD
GENERAL PLAN LAND USE DESIGNATIONS
General Plan Street ClassifICation
Freewavs
provide service to through traffic exclusively with no acGeSS to abutting property and no at-grade
intersections.
EXDresswavs are arterial highways with partial.control of aooess which mayor may not be divided or have
grade separations at intersections, and may be an interim facility for an ultimate freeway.
Arterials
are used primarily by through traffic with a minimal function to provide acoess to abutting
property.
function to connect local streets with arterials and to provide access to abutting property.
are exclusively for property a0C8SS and through traffic is discouraged.
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Exhibit C
Conditions of Approval/Mitigation Measures
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EXHIBIT C
TEN SECTION DEVELOPMENT PROJECT -
GENERAL PLAN AMENDMENT NO. 05-1'580
CONDITIONS OF APPROVAL
PLANNING
1. Prior to approval of a grading plan and any land disturbance, the developer -shall provide
endangered species habitat mitigation lands and associated fees to the MBHCP program
pursuant to BMC Section 15.78.060. Mitigation for potentially significant biological impacts.
Note: The land to be transferred requires approval from the wildlife agencies and the MBHCP
Trust Group. The process could take several months. The developer should become more
familiar with 15. 78.060 and allow sufficient time to complete the process. No grading plans
will be approved unti/15. 78. 060 is satisfied.
2. Prior to recordation of final tract map, the project applicant shall 'Submit to the Planning
Department, for approval, a perpetual conservation easement for the buffer area outside -of
the project development foot-print, prohibit project related construction activities within the
easement area and require that the conservation easement be recorded prior to r.ecordation of
any phase of the final tract map. For publiC health, safety, and welfare.
3. Prior to recordation of final tract map, the project applicant shall 'Submit to the Planning
Department, for approval, a Perpetual Management and Monitoring Agreement (PMMA) to
manage, monitor and maintain the conservation easement lands in -peropetuity. For public
health, safety, and welfare.
4. Prohibit residential uses, specifically the .construction of homes within a "buffer" area of
approximately 18 acres within the project boundaries adjacent to the 'Southerly and
southeasterly borders separating the Project and Kern Water Bank Authority OW/SA)
property. The final configuration of the 18 acres of buffering lands shall 'Substantially oonform
to the attached exhibit labeled "City Council Exhibitn. For public health,safety, and welfare.
5. Prior to recordation of a final tract map a block wall no less than 'f)-feet in height be
constructed along the southern, southeastern, and southwestern portions of the Project foot-
print, including easterly areas where rods border the proposed buffer areas and KWeA
property. The construction of the walls shall coincide with the development of .each .phase-of
the project. For public health, safety, and welfare.
6. Prior to recordation of final tract map for any phase of the development, the applicant 'Shall
provide evidence that it has entered into a reimbursement agreement with KWBA for the
purpose of mitigating potential devaluation of habitat credit for no more than .20 acr.es of
KWBA lands adjacent to the project. The above -stated .condition and the requirements thereto
shall expire one year from the date of approval of a vesting tentative tract map for any portion
of the property. The condition and the requirements thereto shall remain in full for.ce and
effect provided that a written determination detrimental to habitat credit valuation of KWBA
lands adjacent to the project is made by the California Department of 'Fish and -Game within
the time period stated above. For public health,safety, and welfare.
7. Prior to recordation of final tract map, the project applicant shall 'Submit to the 'Planning
Department, for approval, disclosure notice to project homeowrlers that contains thetf~~
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Exhibit'C
project ilI05-1'580
Page 2 of 20
"Due to the periodic inundations of Kern Water Bank Authority recharge areas known as K1
and K2, residents may be subject to conditions that may result in increased populations of
mosquitoes and increased exposure to mosquito borrle illnesses relative to other ar:eas in
Metropolitan Bakersfield. Residents may also be exposed to fish odors arising from ~mall fISh
die-off as recharge water is absorbed into the ground and ponds dry upn.
The disclosure notice shall be recorded as a covenant running with the land. For public health,
safety, and welfare.
RECREATION AND PARKS
8. Prior to approval of a final subdivision for urban development, the subdivider shallemer into
an Agreement with the City of Bakersfield related to provision of parks.
For orderly development and to satisfy park land requir.ement (BMC Ch 15.80) and park
development requirement (BMC Ch. 15.82)
9. Prior to recordation of any phase containing a public park the subdivider shall-construct curbs,
gutters and sidewalks and landscaping to City standards on all 'Sides of the park(s).
For orderly development.
PUBLIC WORKS OEPARTMENT
10. Along with the submittal of any development plan, prior to approval improvement plans, or
with the application for a lot line adjustment or parcel merger, the following shall oocur:
a. Provide fully executed dedication for Panama Lane to arterial standards for the full
frontage of the area within the <3P A request. Oedications shall include 'SuffICient widths for
expanded intersections and additional areas for landscaping as direded by the City
Engineer. Submit a 'Current title report with the dedication documents. If a tentative
subdivision map over the entire GPAlZC area is submitted, dedication.can be provided
with the map. For orderly development.
b. Submit a comprehensive drainage study to be reviewed and appr<oved by the City
Engineer. No more than 2 sumps may be utilized to serve this area. The 'Study 'Shall be
approved and any required retention ~ites and necessary easements dedicated to the City.
For orderly development.
c. In order to preserve the permeability of the sump and to prevent the introduction of
sediments from construction or from storm events, all retention and detention -basins
(sumps) shall have a mechanical device in the storm drain system to remove or minimize
the introduction of oil, grease, trash, and sediments to the sump. This (jevioe 'Shall be
reviewed and approved by the City Engineer, and shall provide the greatest-berlefrt to the
storm drain system with the least maintenance cost. For ord.erly<ievelopment.
d. Sewer ~ervice must be provided to the GPAlZC area. A portion of this site is within the
McAllister Planrled Sewer Area, and a sewer main line is being installed in Panama Lane
for the PSA. Submit a <comprehensive ~ewer study for the .entire GPAlZC area to be
reviewed and approved by the City Engineer to determine if the etCisting lirle has 'SuffICient
-capacity for this project. If requir:ed, the developer shall be responsible f.or the ~ns!pr.k~
an additional sewer line to-serve the portion of the property that 'Cannot be aooom~ ')
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Project #05-1580
Page 3 of 20
in the McAllister line. The City is willing to aid the developer in the formation of a Planned
Sewer Area for the area outside the existing PSA and/or an A'Sses'Srrlent District to provide
a mechanism for the reimbursement of oversizing .costs to the developer. 'For orderly
development.
e. The project applicant shall provide the City of Bakersfield with a phasing .plan of the onsite
and required offsite roadway improvements to be reviewed and approv.ed by the City
Engineer. If the project area is developed with a single tentative tract map, then the
phasing of improvements will be delirleated with the tract <conditions. For orderly
development.
f. Developer is responsible for the construction of all infrastructure, both public and private,
within the boundary of the GPAlZC ar.ea. This includes the construction of any and all
boundary streets to the boundary of the property, unless otherwise specified. The
developer is also responsible for the construction of any off 'Site infrastructure required to
support this development, as identified in these conditions. The .phasing of the
construction all infrastructure will be addr.essed at the subdivision map 'Stage. Fororderly
development.
11. Along with the development of this GPAlZC area, the improvement of the 'South half of
Panama Lane on the Water Bank frontage will be r:equir.ed. Improvements shall include, but
not be limited to, paving, curb,. gutter, sidewalk, streetlights, and storm drainage facilities. If it
becomes necessary to obtain any off site right of way and if the developer is unable to obtain
the required right of way, then he shall pay to the City the up-front costs for eminent domain
proceedings and enter into an agreement and post 'security for the purchase and improvement
of said right of way. For orderly development.
12. The development is responsible for and shall pay.a fee for a portion of the West Beltway
construction. For orderly development.
13. The entire area covered by this General Plan Amendment 'Shall be included in the
Consolidated Maintenance District. The applicant. 'Shall pay all fees for inclusion in the
Consolidated Maintenance District with submittal of any development plan, tentative
subdivision map, Site Plan Review, or application for a tot line adjustment for any portion of
this GPA area. For orderly development.
14. Construction of the landscaped median for the Panama Larle (arterial) frontage of the pr<Operty
within the GPAlZC request is required with the construction of Panama Lane. For orderly
development.
12. At opening day, mitigation items 5.5-2a, 5.5..2d and 5:5-2fshall be implemented. Fororderly
development.
13. At opening day, Panama Lane from the west project boundary to Buena Vista Rd, shall be
widened to 4 lanes with and 4 foot shoulders. Width 'Shall be designed to aooommodate a
standard median. For orderly development.
14. Prior to recordation, provide and have approved a fee schedule, based upon approved
estimates, using the fair shares from the traffic-study of all other items not listed above from
sections 5.5.7 and 8.5.2. In the 2030 -cumulative scenario, the 'Study identified items that
would be r.equired beyond .'Standard, including 5 irKersections and -several S lane aFteriat~.'0 p, Ii C--9
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Page 4 of 20
Their feasibility should be more closely consideFed and included in the estimates. Fer oF(jerly
development.
15. Credits against the RTIF will be-considered for any items constructed that are on the RTtF list
at time of improvement. For orderly development.
16. Regional Transportation Impact Fee - Regional Mitigation: Prior to the issuance of building
permits, the project applicant shall participate in the RTIF program. The applicant 'Shall "Submit
funding calculations for all improvements associated with the RTIF program pursuant to the
current policy of the Public Works Departfrlent for 'Said -calculations. Said calculations shall be
updated based upon the adopted RTIF at time of further subdivision. ForeRierly cJevelopment.
CITY ATTORNEY
17. In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant, and/or
property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold
harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners
or boards ("City" herein) against any and all liability, claims, actions, -causes of action or
demands whatsoever against them, or any of them, before administrative or judicial tribunals
of any kind whatsoever, in any way arising from, the terms and provisions of this application,
including without limitation any CEQA approval or any related development approvals or
conditions whether imposed by the City, or not, e~ept for CITY's 'Sole active negligence or
willful misconduct
This indemnification condition does not prevent the Applicant from -challenging any decision by
the City related to this project and the obligations of this -condition apply r.egardle'Ss of whether
any other permits or entitlements are issued.
The City will promptly notify Applicant of any such -claim, action or prooeeding, falling under
this condition within thirty (30) days of actually receiving such -claim. The City, in its 1;01e
discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the
sole cost and expense of the Applicant and the City is not obligated to use any law firm or
attorney chosen by another entity or party.
MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT
MINERAL RESOURCES
Mineral Resource Availability
18. (5.2-1a) Prior to tentative tract approval, the Project Applicant 'Shall either aoquire all
subsurface rights (Le., mirleral, oil, .etc.) oWrled by private parties, or avoid the plaoement 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.
19. (5.2-1b) With submittal of the tentative tract map, an oil well.easement shall be included.on
the tract map of adequate size to allow for access for any drilling or maintenance activities.
Additionally, the tract map shall provide for the rerouting or easements for mineral pipelines
within the Project 'Site.
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project 105-1'580
Page 5 of 20
Oil Well Abandonment
20. (5.2-3a) Prior to recordation of final map, all abandoned oil wells shall be located and .exposed
for inspection and leakage testing. Proof of proper abandonfrlent shall be obtaifled from
DOGGR. Said proof, shall be submitted to the Planning 'Director prior to recordation of final
maps.
21. (5.2-3b) Prior to the approval of grading plan all abandoned oil wells shall be $urve~d and
accurately plotted on the proposed tentative tract map with a ten-foot no-build radius. A
legible copy of a map showing final tract design shall be submitted to the DOGGR.
22. (5.2-3c) Prior to approval of grading plans OOGGR shall be contacted to obtain inf<Ormation on
the requirements for and approval to perform remedial plugging operations if any other
abandoned or unrecorded wells are uncovered or damaged during E>fCavation or grading.
23. (5.2-3d) Prior to recordation of final map on-site abandoned oil wells $hall be eKamined for
contaminated soils. If such soils exist, the soil will be treated in place with best available
technology or capped in place.
PUBLIC HEALTH AND SAFETY
Short-Term (Construction) Impacts
Soil Contamination
24. (5.3-1 a) Prior to r:ecordation of final map, the developer shall.conductsoil characterization and
sampling of the stained soil within the Project site within the areas of the former oilfield
sumps, barren land, the former natural gas facility and all other areas of "Stained $oils 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 recordation of final map, the Applicant shall r.efrlediate all oil..contaminated -soils to the
satisfaction of the Local Unified Program Agency (the Office of Environmental 'Servioes
Bakersfield City Fire Departfrlent) in conjunction with the State Regional Water Quality Control
Board and/or the California Department of Toxic Substances Control.
25. (5.3-1 b) Prior to recordation of final map, the barren patches of land in the south-.oentral
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>Ged with on-site soil to r:educe the .chloride and "Sulfate
concentrations to near background concentrations.
26. (5.3-1c) Prior to recordation of final map, the 260 tons of "Stockpiled tar-impacted $oil $hall ~
transpor1ed to a permitted facility for disposal/recycling. The e>fC8vation CKea "Sh~lrb'&~-9"
backfilled and -compacted with .clean-soil to match ex.isting-surfaoes. r-' L~::
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project #05-1580
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27. (5.3-1d) During grading and construction activities, if any unknown areas of petroleum-
impacted soil are uncovered on-site, the area(s) shall be thoroughly assessed and
remediated, if warranted.
On-Site Facilities
28. (5.3-1e) Prior to recordation of final map the three pole mounted transformers shall be
properly removed from the Project site and disposed of at an approved disposal location.
Hazardous Materials Users/Facilities
29. (5.3-3a) With submittal of any tentative tract map, or any phase that includes a pipelirle
easement or portions thereof, the subdivider shall show the pipelines have been J:erouted 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 r.ecord a
corresponding covenant.
30. (5.3-3b) With submittal of the tentative tract map, or any phase that includes a pipeline
easement or portion thereof, the 'Subdivider shall show that no habitable portion of a 'Structure
shall be built within 50 feet of a gas main or high pressure transmission line with 36 inches of
cover, and record a corresponding covenant.
31. (5.3-3c) With submittal of the tentative tract map the Project Applicant 'Shall.ensure 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 on the final map and a corr.esponding -<:ovenant 'Shall be
recorded prior to or concurrently with r-ecordation of any phase that is affected.
32. (5.3-3d) With submittal of the tract map the Project Applicant 'Shall ensure that for any
subdivision within 250 feet of the pipeline .easements, a eovenant is r.ecorded with the -City
disclosing the location of all pipelines.
33. (5.3-3f) Prior to issuance of building permits, the applicant shall inform future residents that
residents may be subject to potential health risk associated with the .presence of mosquitoes
in close proximity to the Project site at groundwater banking .projects and KWB lands thFOugh
a covenant filed on the Project site (diSClosed to residents through tl"le pUl'Chase process), or
through disclosure forms that shall be signed by new residents. The disclosure forms 'Shall
indicate that the residents acknowledges that the Project site is in close proximity to the KWB
lands and other groundwater banking projects which may subject residents to potential
nuisance and potential health risks, such as vector-borne diseases, -caused by the pr:esenoe
of mosquitoes.
Oil Production Facilities
34. (5.3-4b) Prior to recordation of a final map, the Project contractor shall ooordinate with
DOGGR to verify that the existing abandorled wells meet current <closure requirements.
Should abandonment or r:eabandonment be required, appropriate <closure activities "Shall be
completed under consultation with the DOGGR. VerifICation <of adequate abandonment or
reabandonment shall be pr<ovided to the Planning Director prior to the raooFClation <of any 'final
map affected. 'OM('
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Exhibit C
projea #05-1580
Page 7 of 20
35. (5.3-4c) Prior to or concurrent with filing of a final map 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 disclosur.e 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.
36. (5.3-4d) Prior to recordation of final map, each well shall be located and inspeded. The on-
site idle wells shall be properly abandoned.
Valley Fever
37. (5.3-7) Refer to Section 5.7, AIR QUALITY, regarding fugitive dust mitigation measures.
AESTHETICS, LIGHT, AND GLARE
Short-Term (Construction) Aesthetic Impacts
38. (5.4-1a) Prior to the 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 construction equipment and material, when feasible. Staging
locations are subject to review and approval of the City Planning Department. Additionally, all
construction activities would be required to be consistent with the Bakersfield Municipal Code
requirements and conditions of approval.
Light and Glare
39. (5.4-3) With submittal of a tentative tract map, the Project Appltcant 'Shall .ensure that the
Project's exterior lighting does not spill over onto the adjacent uses, all.exterior light fi)dures,
including street lighting, shall be shielded or directed away from adjoining uses, pursuant to all
applicable lighting standards and requirements of the City of Bakersfield Municipal Code and
Zoning Code.
TRAFFIC AND CIRCULATION
Short-Term (Construction) Impacts
40. (5.5-1a) Prior to grading permit issuance, a Traffic Management Plan {TMP) "Shall be
submitted for review and approved by the City of Bakersfield Public Works 'Department. Such
plan shall consist of prior notices, adequate sign posting, and detours ~including for
pedestrians and bicyclists). The TMP shall specify implementation timing of .each plan
element (prior notices, sign-posting, detours, etc.) as determined appropriate by the City
Engineer. Adequate access to and from adjacent residential areas "Shall be provided at all
times. The TMP shall be reviewed and approved by the City PoJice and Fire Departments so
that construction does not interfere with any emergency r:esponse -or evacuation plans.
Construction activities shall proceed in a timely manner to minimize impacts.
41. (5.5-1b) Prior to issuance of grading permits the Project Contractor -shall-establish proper
detours and warning 'Signs to .ensure public 'Safety. This includes the use of proper lighting
(where appropriate); fencing and shielding; proper storage of .equipment and construction
'Supplies; and-covering loose piles of soil, silt, .c1ay, "Sand debris, or <other.earthen mcKerial. ,?>f\Kc
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&hibit<C
Project #05-1'580
Page 8 of 20
Project Trip Generation
42. Prior to recordation of final tract map, the following improvements shall be implemented, with
the exception of measures 5.5-2a, 5.5-2d, and 5.5-2f, which shall be implemented on opening
day:
(5.5-2a) Install a traffic signal at 1-5 northbound rampslTaft Highway.
(5.5-2b) Install a traffic signal at South Allen Road/Ming Avenue.
(5.5-2c) Construct the following at Buena Vista RoadlWhite Lane.
. Add a second (dual) left turn lane to the southbound approach on Buena VISta Road.
. Add an additional through lane to the southbound approach and departure on Buena Vista
Road.
(5.5-2d) Install a traffic signal at Buena Vista Road/Campus Park Drive-(RTtF improvement).
(5.5-2e) Install a traffic signal at Buena Vista Road/Pacheco Road {RTIF improvement).
(5.5-2f) Install a traffIC signal at Buena Vista Road/Harris Road (RTIF improvement).
(5.5-2g) Construct the following at Buena Vista Road/Panama Lane:
. Install traffIC signal (RTIF improvement)
. Add a left turn lane to the northbound approach
. Add a right turn lane to the northbound approach
. Add a left turn lane to the southbound approach
. Add a right turn larle to the southbound appr<oach
. Add a left turn 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
. Coordinate the traffIC signals along Panama Lane
(5.5-2h) Construct the following at Old River Road/Panama Lane:
. Install traffic signal (RTIF improvement)
. Add a left turn lane to the northbound approach
. Add a left turn lane to the southbound approach
. Add a left turn lane to the eastbound approach
. Add a left turn lane to the westbound approach
. Coordinate the traffIC signals along Panama Lane
(5.5-2i) Construct the following at Ashe Road/Panama Lane:
. Install a traffic signal (RTIF improvement)
. Add a left turn lane to the northbound approach
. Add a through lane to the northbound approach and departure {RTIF improvement)
. Add a right turn 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 departur.e (RTIF
improvement)
. Add an additional (dual) left turn lane to the.eastbound approach
. Add an additional through lane to the.eastbound appFOach and depaRure
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Exhibit <:
Project #05-1'580
Page 9 of 20
. Add an additional left turn larle to the westbound approach
. Add an additional through lane to the westbound approach and departure
. Coordinate the traffic signals along Panama lane
(5.5-2j) Construct the following at Wible Road/Panama Larle:
. Add an additional (dual) left turn lane to the northbound approach
. Provide overlap phase for northbound right turn larle and prohibit west bound U-turn
movements
. Add an additional through lane to the southbound approach and departure (RTIF
improvement)
. Add an additional (dual) left turn larle to the westbound approach
. Coordinate the traffic signals along Panama Lane
Roadways
(5.5-2k) Add four lanes to South Allen Road, between Brimhall Road and {future) Westside
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 Larle.
(5.5-.20) Add two lanes to Calloway Road, between Brimhall Road and {future) Westside
Parkway.
(5.5-2p) Add one lane to Gosford 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 larles to Panama Lane, between Old River Road and {3osford Road {RTtF
improvement).
(5.5-2s) Add two lanes to Panama Lane, between Gosfor.cJ Road and Ashe Road.
(5.5-2t) Add two lanes to Panama Lane, between Stine Road and Wible R<oad ~RTIF
improvement).
(5.5-2u) At opening day, Panama Lane from the west project boundary to Buena Vista road,
shall be widened to 4 lanes with and 4 foot shoulders. Widths ~hall be desigrled to
accommodate a standard median.
2030 Cumulative Plus Proiect
43. Prior to recordation of final tract map, the following improvements "Shall be implemented:
Intersections
{5.5-2V) Install a traffIC ~ignal at South Enos lane/Panama Lane and
-coordination along Panama Lane.
pr.ovide "Signal
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&hibit C
Project #05-1580
Page 100f20
(5.5-2w) Install a traffic signal at 1-5 ~outhbound fampslTaft Highway{SR 119).
(5.5-2x) Install a traffic signal at Canfield ParkwaylPanama Lane. This will also result in
satisfactory LOS at Canis Drive/Panama Lane due to rerouting of vehicles.
(5.5-2y) Construct the following at South Allen Road/Campus Park Orive:
. Add a second eastbound though lane
. Add a second westbound though lane
. Coordinate signal timing along South Allen Road
(5.5-2z) Provide for coordinated signal timing at South Allen Road/Pacheco Road; no
additional lane geometrics are required.
(5.5-2aa) Provide for coordinated ~ignal timing at South Allen Road/Panama larle; no
additional lane geometrics are required.
(5.5-2bb) Construct the following at Buena Vista RoadlStockdale Highway
. Convert a northbound through lane to a third northbound left turn larle and provide a return
lane on the westbound departure.
(5.5-2cc) Construct the following at Buena Vista Road/Harris Road:
. Add a second (dual) eastbound left turn lane
(5.5-2dd) Construct the following at Calloway DriveIWestside Parkway westbound ramps:
. Add a southbound right turn lane
(5.5-2ee) Provide for coordinated signal timing at Old River Road/Panama Larle; no additional
lane geometrics are required.
(5.5-2ft) Construct the following at-Gosford RoadlDistrict Boulevard:
. Add a second (dual) eastbound left turn lane
(5.5-2gg) Provide for coordinated signal timing at Ashe RoadlPanamaLane; no additional
lane geometrics are required.
(5.5-2hh) Provide for coordinated signal timing at New Stine R<>ad/Panama Lane; no
additional lane geometries are required.
(5.5-2ii) Construct the following at West Beltway northbound ramps/Panama Lane:
. Add a second (dual) eastbound left turn lane
. Coordinate signal timing along Panama Larle
{5.5-2ll) Prior to the issuance of building permits, the project applicant shall participate in the
RTIF program. The applicant 'Shall ~ubmit funding .cabJlations for all improvements
associated with the 'RTIF program pursuant -to the .current policy of he Public W~kc1'
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Project #05-1580
Page 11 of 20
Department for said calculations. Said calculations shall be updated based upon the ad~
RTIF at time of further subdivision.
(5.5-2kk) Prior to recordation of a tract map, the Project Applicant shall provide and have
approved a fee schedule, based upon approved estimates using the fair shares from the
Traffic Impact Study, for all other mitigation frleasur:es listed in the TraffIC Impact Study that
are not listed in Sections 5.5.7 and 8.5.2 of the EIR. Additionally, the feasibility of mitigation for
the intersections and roadways with significant and unavoidable impacts, listed below, "Shall be
more reevaluated and included n the fair share .estimates.
Intersections
Allen Road/Westside Parkways eastbound ramps
Allen Road/Pensinger Road
Calloway Drive/Stockdale Highway
Gosford Road/Panama Lane
Wible Road/Panama Lane
Roadwav Seoments
Buena Vista Road, between Stockdale Highway and Ming Avenue
Calloway Drive, between Brimhall Road and Wests ide Parkway
Calloway Drive, between Wests ide Parkway and Stockdale Highway
Old River Road, between Stockdale Highway and Ming Avenue
Old River Road, between Ming Avenue and White Lane
Gosford Road, between District Boulevard and Harris Road
Gosford Road, between Harris Road and Panama Lane
Stine Road, between Harris Road and Panama Lane
Wible Road, between Harris Road and Panama Lane
Ming Avenue, between Buena Vista Road and Old River Road
Panama Lane, between Buena Vista Road and Ashe Road
Panama Lane, between Gosford Road and Ashe Road
Panama Lane, between Ashe Road and Stine Road
Panama Lane, between Stine Road and Wible Road
Panama Lane, between Wible Road and SR-99
Cumulative Impacts (2020 Conditions)
44. (5.5-5) Refer to mitigation measures 5.5-2a through 5.5-.2gg.
NOISE
Short-Term (Construction) Impacts
45. (5.6-1) Prior to issuance of grading permits, the contractor shall provide .evidence aoceptable
to the City Building Department that, pursuant to the City's Municipal Code 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
46. (5.e-3a) Prior to recordation of a final map noise barriers shall be oonstfl.lded at #le follo~~c
propO'Sed single-family r.esidentiallocations: /j 'Z~
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Exhibit-C
project ~1580
Page 12 of 2{)
. 7.0-foot high sound wall for all lots backing up to Panama Larle, and
. 6.0-foot high sound wall for all lots backing up to Canfield Parkway.
The noise barriers' weight (i.e., walls and/or earthen berms) shall be at lent 3.'5 pounds per
square foot of face area and have no decorative -cutoffs or Iirle-of"'5ite openings between
shielded area and the roadway.
47. (5.6-3b) Prior to issuance of building permits the applicant 'Shall provide a windows-closed
condition for all homes backing up to Canfield Parkway and Panama Lane. A windows clo'Sed
conditions requires a means of mechanical ventilation per the Uniform Building Code
standards. This shall be achieved with standard air .conditioning or a fr.esh air intake system.
48. (5.6-3c) Prior to issuance of building permits the applicant shall ensur.e that the air intake
ducts for all homes backing up to Canfield Parkway and Panama Lane will be orien~d 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 (i.e., mail slots, vents, .etc.) in the
exterior walls.
49. (5.6-3d) Prior to recordation of a final map the applicant shall providee>derior walls with a
minimum Sound Transmission Class {STC) rating of 46. Typical walls with this rating have
2X4 studs or greater, 16 inches o.c. with R-13 insulation, a minimum 7/8 inch exterior~urface
of cement plaster and a minimum interior surface of % inch gypsum board.
50. (5.6-3e) Prior to the approval of grading plans, the applicant shall provide window and door
assemblies used throughout the Project that are fr:ee of cut outs and openings, well fitted and
well weather-stripped.
51. (5.6-3f) Prior to the approval of grading plans, the applk:antshall provide upgraded windows
with a Sound Transmission Class {STC) rating 3S or higher for homes backing up to Panama .
Lane. The 35 STC rating would cover a worst-case noise impact, whk:h may be reduced
through performing an architectural acoustical analysis when the architectural plans are
completed.
Stationary Source Impacts
52. (5.6-4) Prior to recordation of a final map, plans shall iIIU'Strate that an 8.{)..foot 'SOund ~arrier 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 area and have no decorative .cutouts or lirle-of-site
openings between the r1earest residences and the.equiprrlent. The 8.0-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 comple~d.
AIR QUALITY
Short-Term (Construction) Emissions
53. (5.7-1a) Prior to grading plan approval the Applicant shall implerrlent the following measures
to minimize ..engine exhaust.emissions and developer 'Shall provide a written statement .to the
Planning Departrrlent prior to the issuance of building -permits that they willoomply wit~frifC-9')
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&hibit C
Project #05-1580
Page 13 of 20
. Properly and routinely maintain all construction equipment, as recommended by
manufacturer's manuals, to control exhaust emissions.
. Shut down equipment when not in use for extended periods of time, to reduce ..exhaust
emissions associated with idling engirles.
. Encourage ride-sharing and use of transit transportation for construction .empioyees
commuting to the Project site.
. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
. Curtail construction during periods of high ambient pollutant coooentrations.
. Construction equipment shall operate no longer than eight<:umulative 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 reciFCulation o{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.
. Construction and grading activities shall not be allowed during first stage ozone alerts.
First stage ozone alerts are declared when the ozone level e~s 0..20 ppm -(one-hour
average).
54. (5.7-1b) Prior to grading plan approval the applicant shall demonstrate to the City of
Bakersfield & SJV APCD the all construction shall .comply with control measur:es "Set forth
under Regulation VIII of the SJVUAPCD Fugitive PM10 Prohibition. The Project Contractor
shall implement the following mitigation measures, in addition to those r:equired under
Regulation VIII of the SJVUAPCD, to reduce fugitive dust emtssions:
. Water previously disturbed exposed surfaces (soil) a minimum of three-times/day or
whenever visible dust is capable of drifting from the site or approaches -20 .p8r:cent -opacity.
. Water all haul roads (unpaved) a minimum of three-times/day or wherle'Jer visibie Oust
from such roads is capable of drifting from the "Site or appFOaches-20 per.aent opacity.
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Exhibit C
Project 1\105-1'580
Page 14 of 20
. All acoess roads and parking areas shall be covered with asphalt--concrete paving or WcHer
sprayed regularly.
. Dust from all on-site and off-site unpaved access roads shall be effectively stabilimd by
applying water or using a chemical stabilizer or 'Suppressant.
. Reduce speed on unpaved roads to less than 15 miles per hour.
. Install and maintain a trackout control device that meets the specifications of SJVUAPCO
Rule 8041 if the site exceeds 150 vehicle trips per day or more than .2() vehicle trips per
day by vehicle with three 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 ~overing with a tarp,
other suitable cover or vegetative ground cover.
. Control fugitive dust emissions during land clearing, grubbing, scraping,eJ<oCavation,
leveling, grading or cut and fill operations with application of wa&er or by pr:esoaking.
. When transporting materials offsite, maintain a freeboard limit of at least six inches and
cover or effectively wet to limit visible dust emissions.
. Limit and remove the accumulation of mud and/or dirt from adjaoent public roadways at
the end of each workday. (Use of dry rotary brushes is prohibited .exoept when preceded
or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is
expressly forbidden).
. Stabilize the surface of storage piles following the addition or removal of materials using
water or chemical stabilizer/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 rnph over a ,()rIe-
hour period).
. Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict use 'Of
cutback, slow-cure and emulsified a'Sphalt paving ma&erials.
. Grading shall be conducted in phases.
. Project site shall not be cleared of existing vegetation 'Cover until required by construcUon.
. The Project developer shall revegetate graded areas as 'Soon as it is feasible after
construction is completed.
55. (5.7-1c) Prior to issuance of grading permits, the Project Contractor and/or Developer 'Shall
submit a written statement to the City of Bakersfield Planning Department stating that they
shall maintain records documenting .compliance with all mitigation measures as requif;ed and
shall make such records available to the SJVUAPCD upon request.
56. (5.7-1d) Prior to approval of grading plans, the Project Contractor and/or Developer 'Shall
submit a written statement that they will allow an authorized repr.esentative -of the "SJVUA'PCD
to review -construction equipment activity and mitigation measure recor:ds Jar the pur~~-9,.,
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ExhibitC
Project #05-1580
"Page 15 of 20
assuring compliance with the applicable requirements of these mitigation measur..es and all
tract development requirements.
Long-Term (Operational) Impacts
57. (5.7-2) 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 yar.cJs for landscape,equipment;
. Limit the number of solid fuel burning fir..eplaaes per SJVUAPCD Rule 4901 ;
. Provide sidewalks shall alongside roadways; and
. Provide bike lanes on arterials and collectors.
58. (5.7-2b) Prior to approval of building permits, the applicant -shall <comply in all r.espects with
developer's obligations under that certain Air Quality Mitigation Agr:eement approved by the
San Joaquin Valley Air Pollution Control District and developer. Developers compliance with
the Air Quality Mitigation Agr..eement will result in a reduction of ROO, NOx, and PM10 rlet
emissions to zero or in quantities sufficient to fully mitigate the projects air quality impacts to
the extent that the development of the project will result in no f1et incFease emissions over the
criteria pollutant emissions which would otherwise exist without the development of the
project, all as verified by the San Joaquin Valley Air Pollution Control District.
The Air Quality Mitigation Agreement approved by the San Joaquin Valley Air Pollution
Control District, and entered into by and between the District and developer is a voluntary
emission reduction program in line with Air District goals, and 'Similar in nature to other
agreements entered into by the Air District.
BIOLOGICAL RESOURCES
Short-Term (Construction) Impacts
59. (5.8-1a) Refer to the mitigation measures provided in 'Section 5.7, AIR QUALITY.
60. (5.8-1 b) 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.
61. (5.8-1 c) Refer to the mitigation frleasures provided in 'Section 5.6, NOISE.
62. {5.8-1 d) Prior to site grading or construction, site boundaries shall be fenoed to prevent
construction equipment and vehicles from impacting adja08nt habitat ar:eas potentially
occupied by special-status species.
Special-Status Wildlife
63. (5.8-3a) Prior to approval of grading plans, the Project Applicant shall hire a qualified biologist
acceptable to the USFWS and CDFG to conduct a pre-activity SUNeY prior to any ground
disturbance in areas subject to development to determine whether any known San Joaquin kit
fox dens or .other evidence of special-status 'Species site occupation aRa pfl8Sent or have
subsequently been established. The pre-activity survey -shall -be a>nduded between 30 and
'60 days befOf..e ground disturbing activities are initiated. '0"'kf'
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64. (5.S-3b) Prior to grading plan approval the applicant shall implement avoidance measur.es for
San Joaquin kit fox dens, follow all agency guidelirles regarding kit fox tracking and
excavation to prevent entrapment of animals in potential dens, as required by the Metropolitan
Bakersfield Habitat Conservation Plan (MBHCP).
65. (5.S-3c) Prior to the approval of grading plans 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 to
escape unimpeded. .
66. (5.8-3d) Prior to grading plan approval the applicant 'Shall ensure that all trenches or steep-
walled excavations greater than three feet deep shall include escape ramps to allow wildlife to
escape. Each excavation 'Shall contain at least Orle ramp, with long trenches containing at
least one ramp every % mile. The ramps shall be no 'Steeper than a ratio of 1:1.
67. (5.8-3e) Prior to grading plan approval all employees, .contractors or other persons involved in
the construction of the Project shall attend a "tailgaten session informing them of the biological
resource protection measures that shall be implemented for the Project. The orientation 'Shall
be conducted by a qualified biologist and shall include information regarding the life history of
the protected species, reasons for special status, a summary of applicable environmental law
and measures intended to reduce impacts.
68. ~5.S-3f) Prior to grading plan, the Project Contractor -shall ensure all pets 'Shall be .confifled to
on-site areas either by remaining leashed or confined within a 'Suitable fenced area.
69. (5.8-3g) Prior to approval of grading plans and grading activities the Project .contractor 'Shall
conduct pre-construction surveys prior to ground disturbance to .ensure that no burrowing .owls
are present on-site 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 measures, taken from the Staff
Report on Burrowing Owl Mitigation (CDFG 1995) should be followed in or:der to minim~
impacts, preserve habitat, and reduce potential impacts to burrowing owts to a level of ~
than significant:
. Occupied burrows shall not be disturbed during .the r1esting season (F~bruary 1 through
August 31) unless a qualified biologist approved by the COFG 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 are <CaPable of
independent survival.
. If owls must be moved away from the disturbance area, .passive relocation Wchniques as
described in the Staff Report on Burrowing Owl Mitigation 'Shall be used rather than
trapping. At least one or more weeks will be ne08SSary to aocomplish this and allow the
owls to acclimate to altemative burrows.
70. (5.8-3h) Prior to approval of grading plans, the Project grading and constAJction 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 bir.cJ 'Species. The following measur.es
shall be implemented to reduce potential impacts to native birds and raptors:
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Exhibit C
Project #05-1'580
Page 17 of 20
. In compliance with Section 3503 and 3503.5 of the California -Fish and Game Code 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 quatifled biologist ~hall
determine the presef1C8 of any native bird and raptor nests prior to orooncurFent with
grading activities. This determination can be made during the pre-activity survey. CDFG
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 breeding season (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.
71. (5.8-3i) Prior to the approval of grading plans site boundaries shall be fenced to pre'Jent
construction equipment and vehicles from impacting adjacent habitat areas potentially
occupied by special-status species.
72. (5.8-3j) During grading and construction if any previously unidentified -protected species that is
not addressed in the MBHCP is found to be present, 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 protected wildlife shall be r.eported immediately to
the CDFG and USFWS.
Long-Term Impacts
73. (5.8-4) During construction, the Project Contractor and -construction workers shall dispose of
all food, garbage and plastic in closed -containers and r:egularly remove the containers from
the site to minimize attracting ranging kit fox or other animals to the site where they may be
harmed. Absolutely no deliberate feeding of wildlife 'Shall be allowed.
74. (5.8-4b) Prior to issuance of building permits, project landscaping-shall not incorporate plants
listed as invasive exotics by the US Department of Agriculture and the California E*Dtic Plant
Pest Council for the Central Valley region. In addition, vegetation on the Project site shall be
managed in such as way that none of the invasive exotic .plants listed by the Department of
Agriculture are allowed to become established. Typical invasive exotic ptants that -can
become problematic in this region include water hyacinth and.pampas.grass.
CULTURAL RESOURCES
Archaeological Resources
75. (5.9-1a) During grading and construction, if human remains are discovered during
construction, the State of California Public Resources Code (CEQA) r.equir.es that further work
or disturbance of site be halted. The discovery will be inspected and remains be handled in a
manrler consistent with Public Code 5097.98-99, Health and 'Safety Code 7050.5 and CEQA
Section 15064.5. These procedur.es require notifICation <of the appropriate Comer's offlO8. If
the Corner determirles that the r.emains are those of Native American, they are ....equired to
notify the Native American Heritage Commission by telephorle within 24 hours. ~$~"
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5097.94.and 5097.98 of the State Public Resour~ Code-describe the procedures that
should be followed after notification of the Native Arrlerican Heritage-commission.
76. (5.9-1b) Prior to ground-disturbance activities associated with this project, personrlel
associated with the grading effort shall be informed of the importance of the potential 'Cultural
and archaeological resources (i.e. archaeological -sites, artifacts, featur:es, burials, etc.) that
may be encountered during -site preparation activities, how to identify those r.esOUFOeS in the
field, and of the regulatory protections afforded to those resouFCeS. The.personrlel -shall M
informed of procedures relating to the discovery of archaeological remains during grading
activities and cautioned to avoid archaeological finds with equipment and not .collect artifacts.
The applicant/developer of the project site 'Shall 'submit documentation to the Planning
Department that they have met this requirerrlent prior to .commenoement of ground-
disturbance activities. This documentation should include information on the date(s) of
training activities, the individual{s) that conducted the training, a description of the training,
and a list of names of those who were trained. Should .cultural remains be uncovered, the on-
site supervisor shall immediately notify a qualified archaeologist.
PUBLIC SERVICES AND UTILITIES
Fire Protection
77. (5.1 0-1 a) Prior to recordation of final map the Project plans 'Shall be reviewed by the City 'Of
Bakersfield Fire Department. Specific Departrrlent requirements for aooess, fire flow, hydrants
or other fire and life safety requirements shall be addrased.
78. (5.10-1b) Refer to Section 5.5, TRAFFIC AND CIRCULATION, for -short...term -construction
mitigation measures.
Police Protection
79. {5.1 0-2a) Refer to Section 5.5, TRAFFIC AND CIRCULATION, for -short-term .construction
mitigation measures.
Schools
80. (5.10-3) Pursuant to Government Code Sections ~995, 85996 and 65997, mitigation of the
Project's impacts on public school facilities will be limited to the oollection of 'Statutory fees
authorized under Education Code Section ~17'620 and Government Code Sections ~S5995,
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 ysars.
Parks and Recreation
81. (5.10-4) Prior to or concurrent with the 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 Commission prior to or .concurrent
with the consideration of the first subdivision map within the Project 'Site. The plan 'Shall be in
the format as determined by the Planning DiFector.
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Water Resources
82. (5.10-5) Prior to or concurrent with filing a final tract or para!1 map, the Developer shall FeCord
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 fees for inspection of installation of water facilities and City Water
Availability Fees. Payment of fees shall be made to the City on a pro-rata basis prior to final
acceptance and recordation of each phase of the Project, based on the per.centage of the
gross acreage contained in the particular phase to be aocepted and recorded, as <compared
with the total gross acreage within the entire Project. All water main, service .confl8Ctions and
fire hydrants shall be installed by the developer and dedicated to the City. Plans and
specifications for such water mains and appurtenances shall be prepared by and/or approval
of plans for installation shall be by the City of Bakersfield. All improvements must be installed
or bonded for prior to the City issuing a letter guaranteeing a watersupply.
Solid Waste
83. (5.10-7a) During construction, the Contractor shall separate all Project.construction debris and
construction-related debris into recyclable and non recyclable items. All recyclable debris shall
be transported to appropriate recycling facilities to r.educe waste disposed of at County
landfills. Additionally, recyclable materials as well as materials -consistent with the waste-
reducing goals of the City shall be used in all aspects of .construction , when possible.
84. (5.10-7b) Prior to approval of grading plans, the Project Applicant shall submit, for review, a
Construction and Demolition Recycling Plan to the Kern County Waste Management
Development. The Recycling Plan shall include a plan to -separatei'ecyclable/rellSable
construction debris. The plan shall include the method to be implemented by the Contrador
to haul recyclable materials and shall include the method and location of material disposal.
85. (5.10-7 c) Prior to recordation of the final tract map, the Project Applicant shall provide
universal waste collection to the Project site along with potential mandatory .collection "for
curbside recycling.
Electrical Services
86. (5.10-8a) Prior to recordation of final map, the Project Applicant shall bring all main Iirles
adjacent to roadways to the ultimate width. In addition, utility .easements shall -be readily
available as needed.
87. (5.10-8b) Prior to the approval of a tract map the Project Applicant -shall coordinate with PG&E
staff early in the planning -stages to ensure that adequate facilities ar.e incorpormed 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
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HYDROLOGY AND WATER QUALITY
Flood Hazards
88. (5.12-1) Prior to approval of the tract map the Applicant shall provide the drainage 'Sys~m
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 be specified by the City
Engineer; and
. Stormdrain flow velocity limitations shall be specified by the City Engineer.
Water Quality
89. (5.12-3a) Prior to approval of the tract map the Director of Public Works or his/her.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.
90. (5.12-3b) Refer to Mitigation Measure 5.11-1.
91. (5.12-3c) Prior to approval of grading plans, the Project applicant shall prevent any off"Site
erosion impacts during construction. Erosion control measur:es and ~mporary basins for
desiltation and detention shall be specified on the grading plans and shall be oonstn.tded -to
the satisfaction of the Director of Public Works prior to the state of grading .operations.
CUMULATIVE IMPACTS
92. Prior to approval of grading plans the Project Applicant shall obtain a SUSMP for the
proposed Project, as required in the NPDES permit for areas draining to the Kern 'River, and
provide evidence of the SUSMP to the City.
93. Prior to issuance of a building permit, the developer shall pay a major transportation facility
fee in the amount of $2487 per dwelling unit for residential use and 35~ per square foot for
commercial/industrial use or the fees in effect at the time of building permit approval. If prior to
issuance of a building permit said fee is merged into the regional TIF program then payment
of the regional TIF fee will be deemed to have satisfied the intent of this 'COndition. This fee is
imposed per City Council approved action plan to pursue funds needed to ...complete
construction of major transportation facilities to serve growth and developfrlent within
Metropolitan Bakersfield. For orderly development.
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Exhibit 0
Statement of Facts and Findings
This document is the same as shown in Exhibit "B" attached to the Resolution for
the Certification of the Environmental Impact Report.
A complete copy of this document will be provided with the signed resolution.
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Statement of Overriding Considerations
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Ten"Sectlon Project
GPAlZC 05-1580
SCH NO. 2007101007
EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Section 15093 of the CEQA<3uidelines, decision-makers are I8qui!:8d 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 environrrlental effBcts may be .consider.ed
"acceptablen. The CECA Guidelines require that; when a public agency allows for the
occurrence of significant effects which are identified in the 'Final €IR but are not at .least
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 Bakersfield, 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 discussion.
The City finds that all feasible mitigation measures have been imposed to lessen project
impacts to less than significant, and furthermore, that altematives 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 infeasible as fully described in
the project findings.
The environmental analysis undertaken for the Tan Section Project indicated the Project
would result in contributions to aesthetic, light and glare (cumulative impacls) and traffIC
and circulation (cumulative traffic) that would represent a signiflC8nt adverse
environmental effect on a project basis.
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 'final -eIRs
prepared for Ten Section Project and the public record. The project beflefrts include the
following:
. Provide residential uses to meet the housing demand specifl8Cl in the
Metropolitan Bakersfield General Plan Land Use Element.
. Provide a residential development of sufficient scale \0 permit master-planning of
infrastructure, parks and public services to achieve the greatest possible
efficiencies and synergies.
. Provide development similar to and oonsistent with existing and approved
development on nearby parcets to maintain and enhance property values and
enhance compatibility of neighborhood character.
IN 10-104963
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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 residential 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 CECA
Guidelines, with regard to the Statement of Overriding Considerations for the Ten
Section Project:
Califomia 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'. II Based on the above discussion and on the
evidence presented, the City of Bakersfield therefore 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 level less than significant.
IN 10-104963
78
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Exhibit F
Mitigation Monitoring and Reporting Checklist
This document is the same as shown in Exhibit "C" attached to the Resolution for
the Certification of the Environmental Impact 'Report.
A complete copy of this document will be provided with the signed resolution.
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