HomeMy WebLinkAboutRES NO 148-98RESOLUTION NO, I 48' 9 8
A RESOLUTION MAKING FINDINGS ADOPTING PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN FOR
THE NORTHEAST BAKERSFIELD WATER FACILITIES
PROJECT (LAND USE ELEMENT AMENDMENT P98-0039)
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
SEPTEMBER 14, 1998 and THURSDAY, SEPTEMBER 17, 1998, on the proposed amendment
to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of the time
and place of hearing having been given at least ten (10) calendar days before said hearings by
publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, the proposed amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment No, P98-0039
and
City of Bakersfield has proposed an amendment to the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan
consisting of a change from Low Density Residential to Public
Facilities on 40 acres for property generally located north of
Paladino Drive and east of Morning Drive;
WHEREAS, the City of Bakersfield is the Lead Agency for said project; and
WHEREAS, for the above-described amendmeqt, an Initial Study was conducted
and it was determined that the proposed project would have a significant effect on the
environment and an Environmental Impact Report (EIR) was prepared in accordance with
CEQA; and
WHEREAS, the laws and regulations relating to the preparation and certification
of a Draft and Final EIR as set forth in CEQA and the City of Bakersfield's CEQA
implementation Procedures have been duly followed by city staff and the Planning Commission;
and
WHEREAS, by Resolution No. 107-98 on September 17, 1998, the Planning
Commission recommended approval and adoption of GPA P98-0039, this General Plan
Amendment subject to conditions and mitigation measures listed in Exhibits "1" and "2", and this
Council has fully considered the findings made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the
provisions of Section 65355 of the Government Code, conducted and held a public hearing on
WEDNESDAY, NOVEMBER 4, 1998, on the above described GPA P98-0039 of the proposed
amendment to the Land Use element of the Metropolitan Bakersfield 2010 General Plan, notice
of time and place of the hearing having been given at least ten (10) calendar days before the
hearing by publication in the Bakersfield Californian, a local newspaper of general circulation;
and
WHEREAS, the Council has considered and hereby makes the following
findings:
1. On September 17, 1998, the Planning Commission adopted Resolution
No. 108-98 making findings and recommending certification of the Final EIR to the City Council.
2. In accordance with CEQA Guidelines Section 15090, the lead Agency
(City of Bakersfield) shall certify that:
(a) The Final Eir has been completed in compliance with CEQA.
(b) The Final EIR was presented to the Lead Agency and the Lead
Agency reviewed and considered the information contained in the Final EIR prior to
recommending approval of the project.
3. In accordance with CEQA 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.
4. In accordance with CEQA Guidelines Sections 15151 and 15090, the
Final EIR was presented to the Lead Agency and that the Lead Agency reviewed and
considered the information contained in the Final EIR prior to approving the project.
5. In accordance with CEQA Guidelines Section 15091 findings and
supporting rationale regarding identified significant environmental effects and related mitigation
measures is attached hereto as Exhibit "2".
6. In accordance with CEQA Guidelines Section 15092, the City of
Bakersfield finds that except for air quality impacts and growth inducing impacts, all other
impacts on the environment identified as significant in said EIR have been eliminated or the
effects have been substantially lessened where feasible as shown in findings under Section
15091.
7. In accordance with CEQA Section 15092, the City of Bakersfield
determined that the remaining significant impacts to air quality and growth inducing impacts
found to be unavoidable under Section 15091 are acceptable due to overriding concerns as
described in Section 15093, as shown in attached Exhibit "3";
8. CEQA Section 15093, a Statement of Overriding Considerations with
supporting reasons related to air quality impacts is recommended for adoption as shown on
attached Exhibit "3"; and
9. In accordance with Public Resources Code Section 21081.6, Exhibit "4"
attached hereto contains the monitoring program for implementing the adopted mitigation
measures.
NOW, THEREFORE, BE IT RESOLVED and fcund by the Council of the City of
Bakersfield as follows:
1. The above recitals and findings, incorporated herein, are true and correct.
2. All required notices have been given.
3. The report of the Planning Commission, including maps and all reports
and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the
City Council, is hereby received, accepted and approved.
4. The City Council hereby approves and adopts GPA P98-0039, a
proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan,
constituting changes as shown on the map marked Exhibit "5" attached hereto and incorporated
as though fully set forth, for property generally located generally located north of Paladino Drive
and east of Morning Drive, subject to the conditions of approval and mitigation measures shown
on Exhibits "1" and "2"
5. That General Plan Amendment P98-00~.~9, approved herein, be combined
with other approved amendments described in separate resol~tions, to form a single Land Use
Element Amendment to the Metropolitan Bakersfield 2010 General Plan.
6. Mitigation Monitoring Plan (Exhibit "4") describes the Mitigation Monitoring
Plan, and the Planning Commission recommends approval of ~:his plan as implementation of
mitigation measures for General Plan Amendment P98-0039 and the Northeast Bakersfield
Bikepath and Water Facilities Project.
7. File the Notice of Determination. Upon approval and adoption of the
project, the Planning Department is hereby directed to file a Notice of Determination with the
County Clerk of Kern County, pursuant to then provisions of Section 21152 of the Public
Resources Code and the State CEQA Guidelines adopted pursuant thereto.
......... o0o ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the.~ity of Bakersfield at a regular meeting thereof held on
J~0V 0 t ~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio(~qlerk of the
Council of the City of Bakersfield
APPROVED NOV 0 4 19.~~
MAYOR of the City of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
BY:
CARL HERNANDEZ
Assistant City Attorney
MJM
October 8, 1998
O039\rgpa-cc
Northeast Bakersfield Bike Path and Water Facilities
Implementation of the proposed project would result in a potential impact to the mine shaft located
along the proposed bike path and water pipeline alignment approximately 1,500 feet south of Alfred
Hartell Highway.
o2160007 l~D.aoc 10 Finding of Fact
Northeast BakersfieM Bike Path and Water Facilities
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measure as identified in
the final EIR and incorporated into the project.
Prior to the approval of plans and specification and grading permits, a qualified
archaeologist shall conduct testing of the mine shaft to determine the significance
of historical msoumes along the proposed bike path and pipeline. If the mine
shaft is determined to be significant, a report shall be submitted to the State
Historic Preservation Office (SHPO) for rex4ew and comment. If, based on the
findings of the report and recommendations by SHPO, the mine shaft is eligible
for listing in the National Register of Historic Places, a Memorandum of
Agreement (MOA) pertaining to this site will be developed to ensure the project's
compliance with Section 106 of the National Historic Preservation Act (36 CFR
800~ All Section 106 actions will be coordinated with SHPO and the Advisory
Council on Historic Preservation. Potential mitigation may involve data recovery
for the mine shaft.
SiRnificant lmoact
Implementation of portions of the proposed bike path, raw water pipeline, potable water pipeline, and
access road sites that are located between elevations 600 feet anti 700 feet could result in impacts to
the Sharktooth Hill bonebed.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
· A paleontological monitoring program that includes the following measures shall
be implemented to reduce potential impacts on the Sharktooth Hill bonebed.
· Prior to grading, a paleontologist shall be retained, attend a pre-grading meeting,
and set forth the procedures to be followed during the monitoring program.
One paleontological monitor that is trained and equipped to allow rapid removal
of fossils with minimal construction delay is expected to be sufficient. Full-time
momtoring of the portions of the project site that have carlit-disturbing activities
at elevations between 600 feet and 700 feet shall be provided
02160007.FND dec I l Finding of Fact
Northeast Bakersfield Bike Path and Water Facilities
If fossils be found within an area being cleared or graded, earth-disturbing
activities shall be diverted elsewhere until the monitor has completed salvage of
the fossils. If construction personnel make the discovery, the grading contractor
shall immediately divert construction and call the monitor to the site. Major
salvage time may be shortened by grading contractor's assistance (e.g, removal of
overburden, lit~ing and removing large and heavy fossils).
The project paleontologist shall prepare, ideatify, and curate all recovered fossils.
All recovered fossils shall be submitted to a repository that is located in the
County of Kern and selected by the City of Bakersfield or County of Kern,
depending on the jurisdiction that the fossil material is found. The repository
shall have a retrievable collection system and an educational and research interest
in the materials.
One paleontologic monitor that is trained and equipped to allow rapid removal of
fossils with minimal construction delay is expected to be sufficient. Monitoring
shall be conducted during excavation activities within the Kern River Formation.
Upon completion of grading, the project paleontologist shall prepare a summary
report documenting mitigation and results, '~th itemized inventory of collected
specimens. The paleontologist shall submit the report to the City of Bakersfield,
designated depository, and any other appropriate agency, and transfer fossil
collection to an appropriate depository. The summar)' report shall be submitted to
the City. This submittal will signi~ completion of the program to mitigate
impacts on paleontologic resources.
TRAFFIC HAZARDS
Significant lmoact
The implementation of the proposed bike path as well as the proposed access road to the water
treatment plant site may increase the use ofunanthorized off-road vehicles in the project area.
Finding
Changes or alterations have been required in, or incorporated intc, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
Prior to approval of the plans and specifications for the bike path, the City shall
include design measures (i.e., posts and fencing) to prevent unauthorized vehicles
to use the bike path.
02 ~ 6o007 ~wn doe 12 Finding of Fact
Northeast Bakersfield Bike Path and Water Facilities
Prior to approval of grading permits for the water treatment plant access road,
design measures (i.e., fencing) to prevent mmuthohzed vehicles from entering the
access road north of Morningside Court.
SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS
The potential significant adverse impacts associated with the implementation of the Northeast
Bakersfield Bike Path and Water Facilities project are listed below. The Bakersfield City Council
finds that these potential significant adverse impacts would be reduced with the implementation of the
project-related design features and recommended mitigation measures; however, the impacts cannot be
reduced to a level less than significant. The Bakersfield City Council is adopting a Statement of
Overriding Consideration per Section 15093 of the C£QA Guidelines.
AIR QUALITY
Sil~nificant Impact
Construction of the proposed project would produce emissions from construction equipment,
transportation of workers, fugitive dust, and asphalt paving.
Finding
Specific economic, social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the final EIR.
Facts in Support of Finding
Implementation of the fullowing mitigation measures will serve: to lessen project impacts; however,
the impacts would remain significant. Except for the No Project/No Development Alternative, the
project alternatives analyzed in the EIR would not avoid the significant and unavoidable adverse air
quality impacts associated with construction activities. Alternative Site A would result in less adverse
air quality impacts during construction; however, this alternative would result in greater overall
environmental impacts. The remaining alternatives that were analyzed would result in the sanae or
greater air quality impacts during construction compared to the proposed project. The No ProjecffNo
Development alternative would not meet the objectives of the proposed project.
The construction of the proposed project would result in the generation of fugitive dust. Compliance
with SJVUAPCD Regulation VIII would result in no significant fugitive dust emissions. To ensure
compliance, the following measure shall be implemented.
Prior to the approval of a grading plan for .any residential tract, multiple family
project, and commercial project, the project applicant shall submit a letter to the
Cit5 of Bakersfield Planning Department from the SJVUAPCD stating the dust
suppression measures that shall be completed during construction activities to
comply with SJVUAPCD Regulation VIII. These measures will include:
a. Covcr all access roads and parking areas with asphalt-concrete paving.
b. Use water sprays or chemical suppressants on all unpaved areas to control
fugitive emissions.
02160007.FND.doc 13 Finding of Fact
Northeast BakersfieM Bike Path and Water Facilities
Enclose, cover, or water all stockpiles soils to reduce fugitive dust emissions.
d Cease grading activities during periods. of high winds (greater than 20 mph
over a one-hour period).
c. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at
the construction site.
f All haul trucks should be covered when transporting load of soil.
g. Wash off construction and haul trucks to minimize the removal of mud and
dirt from the project sites.
The construction of the proposed project would include asphalt paving Compliance with SJVUAPCD
Rule 4641 would result in no significant ROG emissions. To ensure compliance, the following
measure shall be implemented.
· Prior to approval of the plans and specifications for the bike path, the City will
obtain a letter from the SJVUAPCD stating; the measures that will be completed
during asphalt paving will comply with SIVUAPCD Rule 4641.
The proposed project would potentially result in substantial air pollutant emissions, including NOx
emissions from short-term construction activities project site. Following are the measures to reduce
these potential impacts.
· The construction grading plans shall include a statement that all construction
equipment will be tuned and maintained in accordance with the manufacture's
specifications.
· The construction grading plans shall include a statement that work crews will shut
off construction equipment when not in use.
Implementation of the above measures will serve to substantially, but not completely, mitigate the
potential significant air quality impact during construction. The remaining unavoidable adverse
impact is considered to be acceptable in light of the Statement of Overriding Considerations provided
herein as Attachment A
GROWTH-INDUCING
Sil~nificant lmoact
Implementation of the proposed water facilities would induce development within northeast
Bakersfield. This induced development would result in impacts on existing service and utility systems
as well as impacts on the existing environment.
Finding
Specific economic, social. or other considerations make infeasible the mitigation measures or project
alternatives identified in the final EIR.
02160007 FND.doc 14 Finding of Fact
Northeast BakersfieM Bike Path and Water Facilities
Facts in Support of Finding
No feasible mitigation measures are available to mitigate the growth-inducing impacts. Except for the
No Project/No Development Alternative, the alternatives that were analyzed in the EIR could not
avoid the significant and unavoidable growth-inducing impacts. The No Project Alternative was
rejected from further consideration because it did not meet the objectives of the proposed project.
Furthermore, growth-inducing impacts are discussed in the Bakersfield 2010 General Plan EIR. The
General Plan identifies areas planned for urban development, including the project vicinity, and
includes goals and policies to provide a water supply to the northeast Bakersfield area. This provision
of water to an area that has a few developments due to a lack of water supply is the basis for the City's
determination that significant growth inducing impacts would occur.
The unavoidable adverse impacts related to induced growth is considered to be acceptable in light of
the Statement of Overriding Considerations provided herein as Attachment A.
02160007 FND doc 15 Finding of Fact
EXHIBIT 3
Northeast Bak~rsfieM B&e Path and Water Facilities
ATTACHMENT A
STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act (CEQA) rcquires the lead agency to balance the benefits of
a proposed project against its unavoidable environmental risks in determining whether to approve the
project. The City of Bakersfield proposes to approve the Northeast Bakersfield Bike Path and Water
Facilities project although unavoidable adverse growth-inducing and air quality impacts have been
identified in the EIR. Even though these adverse impacts am not reduced to a level considered less
than significant, the City of Bakersfield City Council finds that those impacts are outweighed by the
benefits of the Northeast Bakersfield Bike Path and Water Facilities project. Further, the alternatives
that were identified in the EIR would not provide the project benefits with the same or less
environmental impacts. The project benefits are summarized below.
Therefore, the City of Bakersfield City Council, having reviewed and considered the information
contained in the EIR and the public record, adopts the following Statement of Overriding
Considerations which has been balanced against the unavoidable adverse impacts in reaching a
decision on this project
Provide a Class I bike path in northeast Bakersfield to connect the existing Class II
bike path at the future intersection of Fairfax Road and Paladino Drive to the existing
County of Kern Class I bike path that is located between Alfred Harrell Highway and
the Kern River, and in the vicinity of Hart Memorial Park, Kern County Soccer Park,
and CALM.
Provide a third primary source of domestic water in Bakersfield to connect with the
existing water distribution system and supplement the two existing primary sources:
(1) groundwater and (2) the Kern County Water Agency's Water Treatment Plant that
is located in the vicinity of Golden State Avenue and the Kern River.
3. Provide a new domestic water source for existing and future development in northeast
Bakersfield.
4. Provide a water source without removing agricultural land from production or
reducing current water use by downstream users.
5. Provide a higher quality and more reliable source of water for Hart Memorial Park,
Kern County Soccer Park, and CALM
Eliminate the County of Kern's need to periodically repair the existing diversion dam
that is located within the Kern River. allow tht: Kern River to restore to its natural
condition, and reduce bank cutting on the north side of the Kern River.
7. Retain existing equestrian~ hiking, and fishing access along the south side of the Kern
River
8. Provide a reliable source of water for recreational uses north of Alfred Harrell
Highwax.
9. Remove existing water intake structures along the Kern River used by CALM, Kern
County Soccer Park, and Hart Memorial Park.
02160007 IC'ND. doc I ~lttachment A
EXHIBIT 4
NORTHEAST BAKERSFIELD BIKE PATH AND WATER FACILITIES PROJECT
MITIGATION MONITORING PLAN
WATER RESOURCES
WR-I Prior to the issuance ora conditional use Engineering
permit, the project applicant for the water treatment
plant will be required to demonstrate that storm Approved by
water flows conveyed offsite shall not exceed the
historical flows offsite. To demonstrate this, the on
project site may need to be designed so that storm
water can be retained onsite and release at historical
flows.
WR-2 Prior to the issuance ora grading permit, an Engineering
erosion control plan for construction activities that
describes the siting and maintenance of temporaxy Approved by
sediment collection basins shall be prepared.
Similarly, the use of filter fences, filter dikes, and on
other construction site best management practices
(BMPs) near storm water s)'stem outlets shall be
described.
WR-3 The applicant shall be responsible for filing Engineering
a Notice of Intent (NOI) to be covered by the
General Construction Permit for naw development Approved by
under the National Pollution Discharge Elimination
System (NPDES) Storm Water Discharge Program. on
The NOI shah be filed with the State Water
Resources Board at least 90 days prior to the onset
of site grading.
02160007.MMP.doc 1 Mitigation Monitoring Plan
WR-4 Prior to ~he approval of a landscape plan to Engineering
the proposed water treatment plant site, all proposed
cut-and-fill slopes shall be designated with Approved by
landscaping to reduce potential erosion and
increased runoff, on
BIOLOGICAL RESOURCES
BR-1 Prior to the issuance ora grading permit I Planning
and/or approxal of plans and specifications, the
project proponent shall pay a development fee in Approved by
accordance with the Melropelitan Bakersfield
Conservation Plan. on
BR-2 Prior to the issuance of a grading permit Planning
and/or approval of plans and specifications, the
project proponent shall cotnply with all appropriate Approved by
terms and conditions of the MBHCP. The MBHCP
requires certain take avoidances for the Bakersfield on
cactus and San Joaquin kit fox. MBHCP guidelines
regarding tracking and excavation shall be followed
to prevent entrapment of kit fox in dens. Specific
measures during the construction phase of the I
project shall be implemented and include the
following:
a. A preconstmction sm'ey shall be conducted
prior to site grading (not more than 30 days
from the onset of construction activities) to
determine the necessity of relocating
Bakersfield cactus and searching for active kit
fox dens.
b. If Bakersfield cactus is located on the project
site, CDFG and USFWS shall be notified of
the need for relocation. After approval by
CDFG and USFWS, a qualified
biolo~istIbontanist shall relocate the plant
02160007.MMPdoc 2
Mitigation Monitoring Plan
species.
If an active kit fox den is located on the
project site, CDFG and USFWS shall be
notified of the need to excavate the den.
After approval by CDFG and USFWS, a
qualified biologist shall supep~'ise the
excavation of the den.
All pipes, culverts, or similar structures with
a diameter greater than 4 inches shall be
capped or blocked to prevent entry by San
Joaquin kit fox and other wildlife. If pipe is
not capped (i.e. short pipe segments
stockpiled prior to use), it should be inspected
for kit fox. If any kit fox are obsen'ed within
pipe, they shall be allowed to escape
unimpeded.
All trenches or steep-walled excavations
greater than three feet deep shall include
escape ramps to allow wildlife to escape.
Each excavation shall contain at least one
romp, with long trenches containing at least
be no steeper than 1:1.
All employees, contractors, or other persons
nivolved in the construction of the project shall
attend a "tailgate" session informing them of
the biological resource protection measures
which will be implemented for the project. The
orientation shall be conducted by a qualified
biologist and shall include information
regarding the life history of the protected
species, masons for special status, a summary of
02160007 MMP.doc 3 Mitigat?on Momtoring Plan
applicable environmental laws, and measures
intended to reduce impacts.
BR-3 Prior to issuance of a grading permit and/or Planning
appro%al of plans and specifications, the project
proponent shall demonstrate that construction Approved by
activities will not occur ',',4thin 100 feet of
elderberry plants with any stems target than 1.0 inch ] on I [
in diameter, ff construction actMlies ',,,'ill occur [ I i
',~ithin 100 feet of etderbert)., plants, the following
axoidance measures shall be submitted to USFWS
for review and approval and shall be implemented.
BR-4 Prior to the issuance of a grading permit Planning
and/or approval of plans and specifications, a
preconstmcfion survey of Swainson's hawks shall Approved by
be conducted. If Swainson's hawks are found I
nesting on the project site, no construction activities on
shall occur until a CDFG-approved biologist has:
determined that fl~e young in the nests have fledged.
BR-5 Prior to ~he issuance of a grading pernut Planning
and/or approval of plans and specifications, a pre-
construction survey of southwestern pond turtles Approved by
and burrowing owls shall be conducted. If
site. USFWS and CDFG shall be contacted. After
approval by USFWS and CDFG, a qualified
biologist shall relocate the species. If active
burrowing owl burrows are detected, the)' shall be
avoided by a distance of 100 feet outside of the
breeding season (September 1 through January 31)
and 150 feet during the breeding season (February 1
through August 31) by all construction activities. If
aclive burrows cannot be avoided by the
recommended buffer, USFWS and CDFG shall be
contacted. If aclive burro~vs cannot be avoided,
passive and/or active relocation efforts may' be
02160007.MMP.doc 4 Mitigation Monitoring Plan
undertaken if approved by CDFG and USFWS.
Construction-related inju~ or killing of burrowing I
owls will not be allowed.
BR-6 Prior to the issuance a grading permit, the Planning
Cji3' shall demonstrate to the Counly that the intake '
structure is designed to include screening that would Approved by
prevent the southwestern pond turtle and hardhead
from entering the intake structure ( on
BR-7 In compliance with Sections 3503 and 3503.5 Planning
of the California Fish and Gan~e Code, if grading is
to occur during the native bird and raptor nesting Approved by
breeding season (Febrnary 1 through August 31), a
qualified biologist shall determine the presence of on
any native bird and raptor nests prior to or
concurrent with grading actMfies. In addition,
CDFG will be contacted to obtain and comply with
all appropriate procedures relative to grading
operations in proximity to an5' active nests
identified. Resulting mitigation measures may
include restricting construction activities near native
bird and raptor nesting sites during and immediately .
following the breeding season.
BR-8 Prior m the issuance of a --'~; - '
and/or approval of plans and specifications, the ~
project proponent shall demonstrate that Approved by
construction x~ithin 50 feet of the dripline of~
Fremom cot{onwoods and sycamores will be on
avoided, to the maximum extent possible. Buffer ]
zones for trees to be avoided shall be clearly marked I
with caution tape or similar material If any of these I
species cannot be avoided, individuals over 3 inches
diameter breast height should be replaced on or I
adjacent to the site at a 3:1 ratio for each tree
impacted.
02 ] 60007. MMP.doc 5 Mitigation Monitoring Plan
BR-9 Prior to approva! of plans and specifications, Planning
the Count3.' of Kern shall demonstrate that riparian
scrub habitat disturbed as a result of constructing Approved by
the Hart Memorial Park conveyance pipeline ~x~ll be
allowed to regenerate onsite, on
BR-10 Prior to the issuance of a grading permit Planning
and/or approval of plans and specifications, a
Riparian Habitat Mitigation Plan shall be prepared Approved by
by a qualified revegetation specialist and submitted
for approval to the Cio' or Count).' depending on the on__
location of the impact.
BR-I1 At a minimum, the Riparian Habitat Planning
Mitigation Plan shall identify lrees to be removed
and anticipated riparian scrub habitat dislmbance, Approved by
monitoring plan, and success criteria. The minimum
monitoring period shall be not less than 5 years to on
determine replacement and revegetarion success.
BR-12 Prior to the issuance of a grading permit Planning
and/or approval of plans and specifications, silt
fencing or other suitable methods shall be employed Approved by
to prevent erosion of exposed construction surfaces
into the Kern River or adjacent riparian habitats, on
BR-13 Prior to the issnance of a grading permit Planning
and/or approval of plans and specifications, there
will be a determination as to whether the proposed Approved by
project could potentially affect jurisdictional
strearnbeds and/or wetlands. If there is a potential to on
affect streambeds and wetlands, California Fish and
Game Code, Section 1601 Streambed Alteration
Agreement and/or a Clean Water Act permit from
ACOE will be obtained from CDFG and/or ACOE,
respectively. The CDFG and ACOE ~pically
require mitigation plans to be prepared prior to the
loss of habitat within streambeds and wetlands.
02160007.MMP.doc 6 Mitigation Monitoring Plan
Mitigation inay consist of habitat replacement at a
ratio of 1:1 or greater for each acre lost through
project implementation.
BR-14 During construction, site boundaries shall Planning
be clearly marked with flagging, fencing, or other
suitable material to prevent construction equipment Approved by
and ~ehicles from impacting adjacent habitat areas
potentiall? occupied by special status species on
BR-15 All U'ash and food waste shall be disposed Planning
of in closed containers and regularb' removed from
the project construction site and completed bike Approved by
path. No deliberate feeding of wildlife should be
allowed, on
BR-16 Information kiosks shall be provided at Planning
parking areas for the bike path which contain
irrformation regarding sensitive biological resources Approved by
present along the bike path and general viciniD'.
Prior to posting, the information presented shall be on
approved by CDFG and USFWS.
BR-17 If the proposed pond or water treatment Planning
plant are landscaped, a landscape architect familiar
vdth native plan! m~!erial and knowledgeable Appmved by
regarding invasive exotic plants shall be retained to
at least review landscape plans. Among others, [he on
following invasive exotic plants shall not bo used in
an)' project landscaping: tamarisk (ail species),
pampas grass, water hyacintt~ or castor bean. In
addition, vegetation on the ponds shall be managed
in a way such lhat none of the invasive exotic plants
listed above are allowed to become established.
02160007. MMP.doc 7 Mitigation Monitoring J~lan
AIR QUALITY
AQ-1 Prior to the approval of a grading plan for I Planning
an5' residential tract, multiple family project, and
commercial project, the project applicant shall Approved by
submit a letter to the CiB' of Bakersfield planmng
Department from the SJVUAPCD stating the dust on
suppression measures that shall be completed during
construction activities to comply with SJVUAPCD ~
Regulation VIII. These measures will include:
· cover all access roads and parking areas
with asphalt-concrete paving;
· use water sprays or chemical suppressants
on all unpaved areas to control fugitive
emissions;
· enclose, cover, or water all stockpiles soils
to reduce fugitive dust emissions;
· cease grading activities during periods of
Itigh x~mds (greater than 20 mph over a
one-hour period);
· limit construction-related vehicle speeds to
15 mph on all unpaved areas at the
construction site;
· all haul tracks should be covered when
U'ansporting load of soil, and;
· wash off construction and haul trucks to
minimize the removal of mud and dirt from
thc project sites.
AQ-2 Prior to approval of the plans and Planning
specifications for the bike path, the Ci~' will obtain
a letter from the SJVUAPCD stating the measures Approved by
that shall be completed during asphalt pm4ng will
comply with SJVUAPCD Rule 4641. on
02160007 MMP doc 8 Mitigation Monitoring Plan
AQ-3 The construction grading plans shall include Engineering
a statement that all construction equipment will be l
tuned and maintatned in accordance xssth the! I Approvedby
manufacture's specifications
on
AQ-4 The construction grading plans shall includei Engineering
that work crews will shut off I I
a
statement
construction equipment when not in use. i ~ Approved by
on
CULTURAL RESOURCES
Archaeological/Historical Resources Planning
CR-1 Prior to the approval of plans and Approved by
specification and grading permits, a qualified
archaeologist shall conduct testing of the mine shaft on
to determine the sigmficance of historical resources
along the proposed bike path and pipeline. If the
mine shaft is determined to be sigmficant, a report
shall be submitted to the State Historic Presep,'ation
Office (SHPO) for review and comment. If, based
on the findings of the report and recommendations
by SFIPO, the mine shaft is eligible for listing in the
National Registe~ of .....n ~to ~ Placc~, a
Memorandum of Agreement (MOA) pertaining to
this site will be developed to ensure the project's
compliance with Section 106 of the National
Historic Preservation Act (36 CFR 800). All
Section 106 actions will be coordinated with SHPO
and the AdvisoPj Council on Historic Preservation.
Potential mitigation may involve data recovevj for
the mine shaft.
02160007 MMP.doc 9 Mitigation Monitoring Plan
Paleontological Resources Planning
CR-2 Prior to grading, a paleontologist shall be Approved by
relaiaed, attend a pre-grading meeting, and set forth -
the procedures to be followed during the monitoring ~ on
program.
CR-3 One paleontological monitor that is trained Planning
and equipped to allow rapid removal of fossils with
minimal construction delay is expected to be Approved by
sufficient Full-lime monitoring of the portions of
the project site that have earUh-disturbing activities on
at elevations between 600 feet and 700 feet shall be
provided.
CR4 If fossils be found within an area being Planning
cleared or ~ded. eaah-distuguing activities shall be
diverled ulsewbere until the monitor has completed Approved by
salvage of the fossils. If construction personnel
make the discoYeD; the grading contractor shall on
im~aediately divert construction and call the monitor
to the site. Major salvage tim~ may be shortened by
grading contractor's assistance (eg, removal of
overburden, lifting and remo~4ng large and heavy
fbssils).
CR-5 The project paleontologist shall prepare, Planning
identify, and curate all recovered fossils. All
recovered fossils shall be submitted to a repository Approved by
that is located in the Count)' of Kern and selected by
the Cit), of Bakersfield or Coun.ty of Kern, on
depending on the jurisdiction that the fossil material
is found. The repository shall have a retrievable
collection system and an educational and research
interest in the materials.
Mitigation Monitoring Plan
CR-6 One paleontologic monitor that is trained and Planning
equiped to allow rapid removal of fossils with
minimal construction delay is expected to be Approved by
sufficient. Monitoring shall be conducted daring
excavation activities within the Kern River on
Formation.
AESTHETICS
AES-I Prior to the issuance of a grading permit, ~ Planning
the Cid' will prepare a landscape plan for the area
north of Alfred Harrell Highway to provide visual Approved by
relief of the project features. The landscape plan
shall be approved by the Count).. of Kern. on
AES-2 Prior to the issuance of a grading permit, Planning
the applicant shall submit a landscape plan for
review and approval by the City for the proposed Approved by
~ater treatment plant to provide visual relief of the
proposed structures, on
TRAFFIC HAZARI}S
Prior to approval of the plans and specifications for Engineering
the bike path, the City shall include design measures
(i.e., posts and fencing) to prevent unauthorized Approved by
veiqlcies to use the brite path.
on
Prior to approval of grading permits for the water Engineering
treatment plant access road, design measures (i.e.,
fencing) to prevent unauthorized vehicles from Approved by
entering the access road north of Mormngside
Court. on
02160007.MMP doc l 1 Mitigation Monitoring Plan
OS-S
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EXHIBIT 5
GENERAL PLAN AMENDMENT
P98-0039
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18
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T29S, R29E
EXHIBIT I
PLANNING COMMISSION CONDITION
NORTHEAST WATER PROJECT
ADDED: SEPTEMBER 17, 1998
Detailed plans showing the bike path's connection to Alfred Harrell Highway shall
be submitted to the Planning Commission for review prior to commencement of
the bike path project.
MJM:09/30/98
NE Water Proj/0039-con pc
EXHIBIT2
FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE NORTHEAST BAKERSFIELD
BIKE PATH AND WATER FACILITIES PROJECT AND
STATEMENT OF OVERRIDING CONSIDERATIONS
INTRODUCTION
The California Environmental Quality Act (CEQA) Public Resources Code Section 21081, and the
CEQA Guidelines Section 15091 provide that:
"No public agency shall approve or can3, out a project for which an environmental impact
report has been certified 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 more of the following findings:
a. Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effects on the environment.
b. Those changes or alterations 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 alternatives identified in the fmal environmental impact report."
Because the Northeast Bakersfield Bike Path and Water Facilities Project Environmental Impact
Report (EIR) identified significant effects that may occur as a result of the project, and in accordance
with the provisions of CEQA and CEQA Guidelines, the City of Bakersfield hereby adopts these
findings as part of the approval of the Northeast Bakersfield Bike Path and Water Facilities project and
related applications.
The City of Bakersfield has prepared an EIR for the project in accordance with CEQA and CEQA
Guidelines requirements The EIR was subject to review and approval by the City of Bakersfield City
Council. At a public hearing held on _I~1ox~.~,_., 1998, the EIR was certified as adequate in
accordance with CEQA procedures.
After adopting this Statement of Findings of Fact, the City of Bakersfield City Council can approve
the Northeast Bakersfield Bike Path and Water Facilities project. All subsequent tract maps, grading
permits, mitigation implementation, and regulatory agreements and permits will be reviewed based on
the documentation in the EIR.
MITIGATED ADVERSE IMPACTS
The potential significant adverse impacts that would be mitigated are listed below. The Bakersfield
City Council finds that these potential adverse impacts would be mitigated to a level that is considered
less than significant a~er implementation of the project design featares and recommended mitigation
measures.
02160007 FND.doc I Finding of Fact
Northeast BakersfieM Bike Path and l~'ater Facilities
WATERRESOURCES
Significant lml~act
The development of the water treatment plant will result in the alteration of drainage patterns and
increase in surface water flows into the natural south to north drainage channel located in the project
area. The increase in surface water flows could result in significant long-term erosion and
sedimentation into the natural dramage channel.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measure as identified in
the final EIR and incorporated into the project.
Prior to the issuance of a conditional use permit, the project applicant for the water
treatment plant will be required to demonstrate that storm water flows conveyed
offsite shall not exceed the historical flows offsite. To demonstrate this, the project
site may need to be designed so that storm water can be retained onsite and release at
historical flows.
Significant Imoact
Implementation of the proposed project will result in short-term impacts during construction activities
including increased erosion resulting in sedimentation in surface water exiting the project area.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
Prior to the issuance of a grading permit, an erosion control plan for construction
activities that describes the siting and maintenance of temporary sediment collection
basins shall be prepared. Similarly. the use of filter fences, filter dikes, and other
construction site best management practices (BMPs) near storm water system outlets
shall be described.
Prior to the approval of a landscape plan to the proposed water treatment plant site, all
proposed cut-and-fill slopes shall be designated with landscaping to reduce potential
erosion and increased runoff.
02160007 l;ND.doc 2 Finding of Fact
Northeast Bakersfield Bike Path and Water Facilities
Sillnificant lmoact
The implementation of the proposed project will result in an increase in the probability of toxins, such
as gas, oil, and solvents entering the surface water exiting the project area and flowing into the Kern
River or natural drainage channels. This is considered a significant short-term impact.
Finding
Changes or alterations have been required in. or incorporated into, the project which mitigate or avoid
the sigmficant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measure as identified in
the final EIR and incorporated into the project.
The applicant shall be responsible for filing a Notice of Intent (NOI) to be covered by
the General Construction Permit for new development under the National Pollution
Discharge Elimination System (NPDES) Storm Water Discharge Program. The NOI
shall be filed with the State Water Resources Board at least 90 days prior to the onset
of site grading.
BIOLOGICAL RESOURCES
Significant lmoact
Construction activities associated with the project could result in impacts to the San Joaquin kit fox,
blunt-nosed leopard lizard, short-nosed kangaroo rat, San Joaquin pocket mouse, and Bakersfield
cactus.
Finding
Changes or alterations have been required in. or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and mcorporated into the project.
Prior to the issuance of a grading permit and/or approval of plans and
specffications, the project proponent shall pay a development fee in accordance
with the Metropolitan Bakersfield Conservation Plan.
Prior to the issuance of a grading permit and/or approval of plans and
spccffications, the project proponent shall comply with all appropriate terms and
conditions of the MBHCP. The MBHCP requires certain take avoidances for the
Bakersfield cactus and San Joaquin kit fox. MBHCP guidelines regarding
02160007 FND.doc 3 Finding of Fact
Northeast BakersfieM Bike Path and l~ter Facilities
tracking and excavation shall be followed to prevent entrapment of kit fox in dens.
Specific measures during the construction phase of the project shall be
implemented and include the following:
A preconstruction survey shall be conducted prior to site grading (not more
than 30 days from the onset of construction activities) to determine the
necessity of relocating Bakersfield cactus and searching for active kit fox
dens.
If Bakersfield cactus is located on the project site, CDFG and USFWS shall
be notified of the need for relocation. After approval by CDFG and
USFWS, a qualified biologist/bontanist shall relocate the plant species.
If an active kit fox den is located on the project site, CDFG and USFWS
shall be notified of the need to excavate the den. After approval by CDFG
and USFWS, a qualified biologist shall supervise the excavation of the den.
All pipes, culverts, or similar structures with a diameter greater than 4
inches shall be capped or blocked to prevent entry by San Joaquin kit fox
and other wildlife. If pipe is not capped (i.e. short pipe segments stockpiled
prior to use), it should be inspected for kit fox. If any kit fox are observed
within pipe, they shall be allowed to escape unimpeded.
All trenches or steep-walled excavations greater than three feet deep shall
include escape ramps to allow wildlife to escape. Each excavation shall
contain at least one ramp, with long trenches containing at least one ramp
every 1/4 mile. Slope of ramps shall be no steeper than 1:1.
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 which will be implemented for the project. The
orientation shall be conducted by a qualified biologist and shall include
~nformation regarding the life history of the protected species, reasons for
special status, a summary of applicable environmental laws, and measures
~ntended to reduce impacts.
Significant lmoact
Implementation of the proposed project could potentially impacting the Valley elderberry longhorn
beetle and Swanson's hawk. The southwestern pond turtle and hardhead could also be impacted by
the portion of the proposed project on or adjacent to the Kern River
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
02160007.FND doc 4 Finding of Fact
Northeast Bakersfield Bike Path and Water Facilities
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
Prior to issuance of a grading permit and/or approval of plans and specifications,
the project proponent shall demonstrate that construction activities will not occur
within 100 feet of elderberry plants with any stems larger than 1.0 inch in
diameter. If construction activities will occur within 100 feet of elderberry plants,
the following avoidance measures shall be submitted to USFWS for review and
approval and shall be implemented.
Prior to the issuance of a grading permit and/or approval of plans and
specifications, a preconstruction survey of Swainson's hawks shall be conducted.
If Swainsoh's hawks are found nesting on the project site, no construction
activities shall occur until a CDFG-approved biologist has determined that the
young in the nests have fledged.
Prior to the issuance of a grading permit and/or approval of plans and
specifications, a pre-construction survey of southwestern pond turtles and
burrowing owls shall be conducted. If southwestern pond turtles are found on the
project site, USFWS and CDFG shall be contacted. After approval by USFWS
and CDFG~ a qualified biologist shall relocate the species. If active burrowing
owl burrows are detected, they shall be avoided by a distance of 100 feet outside
of the breeding season (September I through January 31) and 150 feet during the
breeding season (February 1 through August 31) by all construction activities. If
active burrows cannot be avoided by the recommended buffer, USFWS and
CDFG shall be contacted. If active burrows cannot be avoided, passive and/or
active relocation efforts may be undertaken if approved by CDFG and USFWS.
Construction-related injury or killing of burrowing owls will not be allowed.
Prior to the issuance a grading permit, the City shall demonstrate to the County
that the intake structure is designed to include screening that would prevent the
southwestern pond turtle and hardhead from entering the intake structure.
Significant Impact
Implementation of the proposed project could result in potential impacts to breeding birds, their nest
and young.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant impacts on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
02160007. FND.doc 5 Finding of Fact
Northeast BakersfieM Bike Path and Water Facilities
In compliance with Sections 3503 and 3503.5 of the California Fish and Game
Code, if grading is to occur during the native bird and raptor nesting breeding
season (February I through August 31), a qualified biologist shall determine the
presence of any native bird and raptor nests prior to or concurrent with grading
activities. In addition, CDFG will be contacted to obtain and comply with all
appropriate procedures relative to grading operations in proximity to any active
nests identified. Resulting mitigation measures may include restricting
construction activities near native bird and raptor nesting sites during and
immediately following the breeding season.
Sil!nificant Impact
Implementation of the proposed project could result in short-term and long-term disturbance to the
riparian habitat and/or wetlands that are outside of ACOE jurisdiction
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant impacts on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
Prior to the issuance of a grading permit and/or approval of plans and
specifications, the project proponent shall demonstrate that construction within 50
feet of the dripline of Fremont cottonwoods and sycamores will be avoided, to the
maximum extent possible. Buffer zones for trees to be avoided shall be clearly
marked with caution tape or similar material. If any of these species cannot be
avoided, individuals over 3 inches diameter breast height should be replaced on or
adjacent to the site at a 3:1 ratio for each tree impacted.
Prim to approval of plans and specifications, the County of Kern shall
demonstrate that riparian scrub habitat disturbed as a result of constructing the
Hart Memorial Park conveyance pipeline will be allowed to regenerate onsite.
Prior to the issuance of a grading permit and/or approval of plans and
specifications, a Riparian Habitat Mitigation Plan shall be prepared by a qualified
revegetation specialist and submitted for approval to the City or County
depending on the location of the impact.
At a minimum, the Riparian Habitat Mitigation Plan shall identify trees to be
removed and anticipated riparian scrub habitat disturbance, monitoring plan, and
success criteia. The minimum monitoring period shall be not less than 5 years to
determine replacement and revegetation success.
02160007.FND doe 6 Finding of Fact '
Northeast Bakersfield Bike Path and Water Facilities
Prior to the issuance of a grading permit and/or approval of plans and
specifications, silt fencing or other suitable methods shall be employed to prevent
erosion of exposed construction surfaces into the Kern River or adjacent riparian
habitats.
Prior to the issuance of a grading permit and/or approval of plans and
specifications, there will be a determination as to whether the proposed project
could potentially affect jurisdictional streambeds and/or wetlands. If there is a
potential to affect streambeds and wetlands, California Fish and Game Code,
Section 1601 Streambed Alteration Agreement and/or a Clean Water Act permit
from ACOE will be obtained from CDFG and/or ACOE, respectively. The CDFG
and ACOE typically require mitigation plans to be prepared prior to the loss of
habitat within streambeds and wetlands. Mitigation may consist of habitat
replacement at a ratio of I:l or greater for each acre lost through project
implementation.
Sitnificant Impact
[mplementation of the proposed project could result in short-term and long-term disturbance to the
riparian habitat and/or wetlands that are within ACOE jurisdiction.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant impacts on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
Prior to the issuance of a grading permit and/or approval of plans and
specifications, there will be a determination as to whether the proposed project
could potentially affect jurisdictional streambeds and/or wetlands. If there is a
potential to affect streambeds and wetlands, California Fish and Game Code,
Section 1601 Streambed Alteration Agreement and/or a Clean Water Act permit
from ACOE will be obtained from CDFG and/or ACOE, respectively. The CDFG
and ACOE typically require mitigation plans to be prepared prior to the loss of
habitat within streambeds and wetlands. Mitigation may consist of habitat
replacement at a ratio of 1:1 or greater for each acre lost through project
implementation.
Si~,nificant Impact
Implementation of the proposed project would result in construction activities associated with the Hart
Memorial Park conveyance pipeline, pond, intake structure, and low lift pump station that could
potentially temporarily disturb habitat and displace resident wildlife
Finding
02160007 1~2qD doc 7 Finding of Fact
Northeast Bakersfield Bike Path and Water Facilities
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant impacts on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
Prior to the issuance of a grading permit and/or approval of plans and
specifications, the project proponent shall demonstrate that construction within 50
feet of the dripline of Fremont cottonwoods and sycamores will be avoided, to the
maximum extent possible. Buffer zones for trees to be avoided shall be clearly
marked with caution tape or similar material. If any of these species cannot be
avmded, individuals over 3 inches diameter breast height should be replaced on or
adjacent to the site at a 3:1 ratio for each tree impacted.
Prior to approval of plans and specifications, the County of Kern shall
demonstrate that npahan scrub habitat disturbed as a result of constructing the
Hart Memohal Park conveyance pipeline will be allowed to regenerate onsite.
Prior to the issuance of a grading permit and/or approval of plans and
specifications, a Riparian Habitat Mitigation Plan shall be prepared by a qualified
revegetation specialist and submitted for approval to the City or County
depending on the location of the impact.
At a minimum, the Riparian Habitat Mitigation Plan shall identi~ trees to be
removed and anticipated riparian scrub habitat disturbance, monitoring plan, and
success criteria. The minimum monitoring period shall be not less than 5 years to
determine replacement and revegetation success.
Prior to the issuance of a grading permit and/or approval of plans and
specifications, silt fencing or other suitable methods shall be employed to prevent
erosion of exposed construction surfaces into the Kern River or adjacent riparian
habitats.
Prior to the issuance of a grading permit and/or approval of plans and
specifications, there will be a determination as to whether the proposed project
could potentially affect jurisdictional streambeds and/or wetlands. If there is a
potential to affect streambeds and wetlands, California Fish and Game Code,
Section 1601 Streambed Alteration Agreement and/or a Clean Water Act permit
from ACOE will be obtained from CDFG and/or ACOE, respectively. The CDFG
and ACOE typically require mitigation plans to be prepared prior to the loss of
habitat within streambeds and wetlands. Mitigation may consist of habitat
replacement at a ratio of 1:1 or greater for each acre lost through project
implementation.
Prior to the issuance of a grading permit and/or approval of plans and
specifications, there will be a determination as to whether the proposed project
could potentially affect jurisdictional streambeds and/or wetlands. If there is a
02160007 }~ND.doc 8 Finding qfFact
Northeast Bakersfield Bike Path and Water Facilities
potential to affect streambeds and wetlands, California Fish and Game Code,
Section 1601 Streambed Alteration Agreement and/or a Clean Water Act permit
from ACOE will be obtained from CDFG and/or ACOE, respectively. The CDFG
and ACOE typically require mitigation plans to be prepared prior to the loss of
hahitat within streambeds and wetlands. Mitigation may consist of habitat
replacement at a ratio of 1:1 or greater for each acre lost through project
implementation.
Significant lmoact
Implementation of the proposed project will result in increased human activity along the bike path and
water facilities that could result in degradation of adjacent habitat. Furthermore, vegetation free areas
adjacent to facilities and landscaping of the pond area could result in introduction of invasive alien
plant species to the Kern River Corridor.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant impacts on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design featares and the following mitigation measures as identified in
the final EIR and incorporated into the project.
Dunng construction, site boundaries shall be clearly marked with flagging,
fencing, or other suitable material to prevent construction equipment and vehicles
from impacting adjacent habitat areas potentially occupied by special status
species.
All trash and food waste shall be disposed of in closed containers and regularly
removed from the project construction site and completed bike path. No deliberate
feeding of wildlife should be allowed.
Information kiosks shall be provided at parking areas for the bike path which
contain information regarding sensitive biological resources present along the
bike path and general vicinity. Prior to posting, the information presented shall be
approved by CDFG and USFWS
If the proposed pond or water treatment plant are landscaped, a landscape
architect familiar with native plant material and knowledgeable regarding invasive
exotic plants shall be retained to at least review landscape plans. Among others,
the tbllowing invasive exotic plants shall not be used in any project landscaping:
tamarisk (all species), pampas grass, water hyacinth, or castor bean. In addition,
vegetation on the ponds shall be managed in a way such that none of the invasive
exotic plants listed above are allowed to become established.
CULTURALRESOURCES
Significant lml~act
02160007 I'qND doc 9 Finding of Fact