HomeMy WebLinkAboutRES NO 014-09RESOLUTION NO. Q 14' O 9
RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CERTIFYING IT HAS RECEIVED, REVIEWED, EVALUATED AND
CONSIDERED THE INFORMATION CONTAINED IN THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT
NO. 06-1722 AND CERTIFYING THAT THE FINAL ENVIRONMENTAL
IMPACT REPORT HAS BEEN COMPLETED IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, THE STATE CEQA
GUIDELINES, AND THE CITY OF BAKERSFIELD CEQA IMPLEMENTATION
PROCEDURES, AND MAKING FINDINGS AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM.
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Monday, December
15, 2008 and on Thursday, December 18, 2008, on the certification of the Final Environmental
Impact Report (EIR) for General Plan Amendment/Zone Change (GPA/ZC) No. 06-1722 for the
proposed amendment to the Land Use Element, Kern River Plan Element, and Circulation Element
of the Metropolitan Bakersfield General Plan, amendment to the Specific Parks and Trails Plan for
Northeast Bakersfield, and the proposed zone change. Notice of the time and place of hearing
having been given at least ten (10) calendar days before said hearing by publication in The
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, McIntosh & Associates, for The Nickel Family LLC, filed an application for a
concurrent general plan amendment, specific parks and trails plan amendment and zone change for
property generally located to the east of Alfred Harrell Highway, extending to the City's eastern
boundary encompassing both sides of State Route 178 (SR-178), as shown in attached Exhibit A, to
allow development of residential, commercial and recreational development on approximately 1,863
acres, more specifically stated as follows:
General Plan Amendment No. 06-1722:
A request to amend the Land Use Element of the Metropolitan Bakersfield General Plan
(see Exhibit A) consisting of changing land use designations from RR (Rural Residential),
ER (Estate Residential), SR (Suburban Residential), LR (Low Density Residential), GC
(General Commercial), OS (Open Space), OS-P (Parks and Recreation), OS-S (Slopes
Exceeding 30%), R-EA (Resource-Extensive Agriculture), R-IA (Resource-Intensive
Agriculture) to SR (Suburban Residential), LR (Low Density Residential), LMR (Low Medium
Density Residential), MUC (Mixed-Use Commercial), GC (General Commercial), OS (Open
Space), OS-P (Parks and Recreation), OS-S (Slopes Exceeding 30%); and
Amend the land use designations of the Kern River Plan Element as shown on the attached
Exhibit A. The proposed land use change within the Kern River Plan Element is from 5.35
(Residential, maximum 7.25 units per net acre), 5.4 (Residential, maximum 4 units per net
acre) and 3.1 (Public and Private Recreation Areas) to 3.1 (Public and Private Recreation
Areas), 5.35 (Residential, maximum 7.25 units per net acre), 5.4 (Residential, maximum 4
units per net acre), and 6.2 (General Commercial); and
A Circulation Element Amendment as shown on the attached Exhibit A. The Circulation
Element Amendment will change the alignment of two new collector roadways; the
realignment of Old Walker Pass Road (located west of Rancheria Road, an existing arterial),
extending southeast and connecting to SR 178; and a new collector roadway extending
southeast from SR 178 to the project boundary. The existing bike lane along Old Walker ,,, ~.;~
Pass Road per the Bikeway Master Plan will also be realigned along with the road ~~
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Amendment to the Specific Parks and Trails Plan for Northeast Bakersfield No 06
1722
A request to amend the Specific Parks and Trails Plan for Northeast Bakersfield to expand
the plan area boundaries to include all of the proposed Project area (the Project area that is
generally to the east of Rancheria Road). The amendment would provide a trails system
and public parks through the development that will allow for foot access, riding and hiking
trails, and bicycle paths, as shown on Exhibit A. The proposed trails will be dedicated to the
City of Bakersfield and will be maintained by the City.
Concurrent Zone Chance No. 06-1722:
A concurrent zone change as shown on Exhibit A that includes the following zoning: R-
1/PUD (One Family Dwelling -Planned Unit Development), R-2/PUD (Limited Multiple
Family Dwelling Zone -Planned Unit Development), CC/PCD (Commercial Center -
Planned Commercial Development), C-2/PCD (Regional Commercial -Planned Commercial
Development), OS (Open Space) as well as HD (Hillside Development) and FP-S (Flood
Plain -Secondary) overlay zones.
WHEREAS, for the above-described project, it was determined that the proposed project
may have a significant effect on the environment and, therefore, an EIR was required forthe project
in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the City of Bakersfield retained the professional consulting services of RBF
Consulting to prepare the Initial Study, EIR and related documents; and
WHEREAS, by Resolution No. 164-08 on December 18, 2008, the Planning Commission
recommended certification of the Final EIR for General Plan Amendment/Specific Plan
Amendment/Zone Change No. 06-1722 and this Council has fully considered the findings made by
the Planning Commission as set forth in that Resolution and as restated herein; and
WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on October 12,
2007 fora 30 day review period in accordance with CEQA; and
WHEREAS, a public scoping hearing was held on October 24, 2007 to receive input from the
public and agencies on the Initial Study and scope of the Draft EIR; and
WHEREAS, a Draft EIR was prepared and circulated to interested parties and agencies and
a notice of availability was sent to property owners within 300 feet of the project site and all those
who requested notification at the Planning Commission public hearing(s) or requested special notice
from the Development Services Department, on September 29, 2008 in accordance with CEQA for
a 45 day review period which ended on November 12, 2008, in accordance with Section 15087 of
the State CEQA Guidelines; and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the Draft
EIR was submitted to the State Clearinghouse (SCH #2007101060) on September 29, 2008 to start
the 45 day review period to end on November 12, 2008 in accordance with CEQA; and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of City of Bakersfield CEQA Implementation Procedures, held a public hearing on
Thursday, November 6, 2008 on the adequacy of the Draft Environmental Impact Report; and
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WHEREAS, on December 8, 2008, the Final EIR was completed and was provided to
commenting parties and agencies; and
WHEREAS, at said public hearing held Thursday, December 18, 2008, the Planning
Commission considered the Final EIR; and
WHEREAS, based on comments received prior to and at the December 18, 2008 Planning
Commission hearing and based on responses to those comments, the Planning Commission
recommended certification of the Final EIR; and
WHEREAS, the environmental record prepared in conjunction with the project includes the
following:
The Notice of Preparation, Draft Environmental Impact Report, and Final
Environmental Impact Report;
2. All staff reports, memoranda, maps, letters, and minutes of meetings relating to the
project;
3. All testimony, documents and evidence presented to the City by consultants working
with the City relating to the project;
4. The proceedings before the Planning Commission relating to the project, the Draft
EIR and the Final EIR, including testimony and documenting evidence introduced at
the public hearings; and
5. Matters of common knowledge to the Planning Commission which it considered
including but not limited to the following:
a. Metropolitan Bakersfield General Plan;
b. City of Bakersfield Zoning Ordinance;
c. City of Bakersfield Municipal Code;
d. Other formally adopted policies and ordinances of the City of Bakersfield;
and
WHEREAS, the Planning Commission adopted Resolution No. 164-08 on December 18,
2008, recommending certification of the Final EIR for GPA/ZC No. 06-1722; and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 164-08, adopted on December 18, 2008:
The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by City staff
and the Planning Commission; and
2. The Final EIR for GPA/ZC 06-1722 was prepared in accordance with CEQA
Guidelines Section 15132; and
3. In accordance with State CEQA Guidelines Section 15151, the Planning
Commission considered the following direction regarding "standards for adequacy"
of an EIR:
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An EIR should be prepared with a sufficient degree of analysis to provide decision-
makerswith information, which enables them to make a decision which intelligently
takes account of environmental consequences. An evaluation of the environmental
effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is
to be reviewed in the light of what is reasonably feasible. Disagreement among
experts does not make an EIR inadequate, but the EIR should summarize the main
points of disagreement among the experts. The courts have looked not for perfection
but for adequacy, completeness, and a good faith effort at full disclosure; and
4. 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; and
5. Changes or alterations have been required in, or incorporated into, the project where
feasible which avoid or substantially lessen the significant environmental effects of
the project as identified in the Final EIR; and
6. The Final EIR analyzed a reasonable range of alternatives to the project, each of
which has been rejected as infeasible due to specific considerations in accordance
with State CEQA Guidelines Section 15091, as supported by the substantial
evidence contained in the Statement of Facts, Findings and Mitigation Measures in
Exhibit B; and
7. Attached Exhibit B containing the Statement of Facts, Findings and Mitigation
Measures are appropriate and incorporated into the project; and
8. Attached Exhibit C containing the Statement of Overriding Considerations for
significant unavoidable agriculture, aesthetics, light and glare as well as noise
impacts are appropriate and incorporated into the project; and
9. Attached Exhibit D containing the Mitigation Monitoring and Reporting Program is
incorporated into the project; and
WHEREAS, in accordance with State CEQA Guidelines Section 15132, the Final EIR
consists of the following:
The Draft EIR;
2. Comments and recommendations received on the Draft EIR either verbatim or in
summary;
3. A list of persons, organizations and public agencies commenting on the Draft EIR;
4. The responses of the Lead Agency to significant environmental points raised in the
review and consultation process; and
WHEREAS, the Final EIR for GPA/ZC No. 06-1722 was prepared in accordance with State
CEQA Guidelines Section 15132; and
WHEREAS, in accordance with State CEQA Guidelines Section 15090 the lead agency (City
of Bakersfield) shall certify that:
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The Final EIR has been completed in compliance with CEQA; and -.~
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2. The Final EIR was presented to the decision-making body of the Lead Agency and
that the decision-making body reviewed and considered the information contained in
the Final EIR prior to approving the project.
WHEREAS, in accordance with State 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; and
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
The City Council hereby certifies that it has received, reviewed, evaluated and
considered the information contained in the Final EIR for GPA/ZC No. 06-1722.
2. The City Council hereby certifies the Final EIR for GPA/ZC No. 06-1722.
3. The above recitals and findings incorporated herein by reference are true and
correct and constitute the Findings of the City Council in this matter.
4. That all required notices have been given.
5. The provisions of CEQA have been followed.
6. The City Council hereby finds the mitigation incorporated into the project avoids
impacts of mitigates impacts to a les than significant level.
7. The Final EIR has been reviewed by the City Council of the Lead Agency and the
findings contained therein reflect the City Council's independent judgment and
analysis.
8. All of the foregoing findings are supported by substantial evidence in the record of
the proceedings before the Planning Commission, which is maintained by the City's
Planning Director in the Planning Department's offices at 1715 Chester Avenue,
Bakersfield, CA 93301, and of the proceedings before the City Council, which is
maintained by the City Clerk in the City Clerk's offices at 1600 Truxtun Avenue,
Bakersfield, CA 93301.
9. The Planning Division of the Development Services Department is hereby directed to
file a Notice of Determination with the County Clerk of Kern County, pursuant to the
provision of Section 21152 of the Public Resources Code and Section 15094 of the
State CEQA Guidelines adopted pursuant thereto.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on February 11, 2009 by the following
vote:
YE5 COUNCILMEMBER ~ABSGN. BENNAM. WEIR. COUCH ~4~SAA1 SULLIVAN SCR NER
S: COUNCILMEMBER ~,OYL,Q_
ABSTAIN: COUNCILMEMBER f~Dl~_
ABSENT: COUNCILMEMBER AI~,/',1(JYt, I~IOVVlX1?Y~ _
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio CI of the
Council of the City of Bakersfield
APPROVEQ FEB 1 1
HARVEY L. HALL
MAYOR of the City of B
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By. Y 1
EXHIBIT A General Plan Amendment/Zone Change/Other Location Maps
B Statement of Facts, Findings, and Mitigation Measures
C Statement of Overriding Considerations
D Mitigation Monitoring and Reporting Program
CG - S:\GPA 4th 2008\06-1722 (Rio Bravo Ranch EIR)\Reso Ord\CC FEIR.doc
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Exhibit B
Statement of Facts, Findings, and Mitigation Measures
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FINAL
FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS
FOR THE
RIO BRAVO RANCH PROGRAM EIR
GPA/ZC 06-1722
SCH # 2007101060
•
B A K E R S F I E L D
Lead Agency:
CITY OF BAKERSFIELD
1715 Chester Avenue
Bakersfield, California 93301
Contact: Mr. Marc Gauthier
Principal Planner
(661)326-3786
Prepared by:
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CONSULTING
2101 Arena Boulevard, Suite 250
Sacramento, California 95834
December 2008
JN 60-100320
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TABLE OF CONTENTS
EXHIBIT A -STATEMENT OF FACTS AND FINDINGS .........................................
I. Introduction .......................................................................................
II. Project Description ............................................................................
III. Findings with Respect to Significant Effects .....................................
IV. Findings with Respect to the Environmental Review Process...........
V. Findings Regarding Impacts Determined to be Insignificant in
the Initial Study/Notice of Preparation ...............................................
VI. Findings Regarding Effects Determined to be Insignificant
or Less Than Significant ....................................................................
VII. Findings Regarding Effects Determined to be Mitigated
to Less Than Significant Levels .........................................................
VIII. Findings Regarding Infeasibility of Mitigation Measures
for Significant Impacts ......................................................................
IX. Finding Regarding Alternatives .........................................................
EXHIBIT B -STATEMENT OF OVERRIDING CONSIDERATIONS ..................
..............1
..............1
.............. 2
..............4
..............4
.............. 5
............13
............. 29
.............. 84
.............. 91
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8 .1 is E R S P I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
EXHIBIT A
STATEMENT OF FACTS AND FINDINGS
INTRODUCTION
The following statement of facts and findings have been prepared in accordance with the
California Environmental Quality Act (CEQA) and Public Resources Code Section
21081. CEQA Guidelines Section 15091 provides that:
"No public agency shall approve or carry 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:
The following potential significant impacts of the proposed Project have been separated
into three categories:
(1) Those potential impacts that have been determined to be less than
significant, based on review of available information in the Project record,
and in consideration of existing standard development review
requirements and existing codes and regulations;
(2) Those potential impacts that could be mitigated to a level that is
considered less than significant with the implementation of the
recommended mitigation measures; and
(3) Those potential impacts that could not be reduced to a less than
significant level with the implementation of the existing policies and
standards and the recommended mitigation measures.
For potentially significant impacts (categories (2) and (3) above), the City of Bakersfield
("City") has made one of the following three findings for each potentially significant
impact and provides facts in support of each finding in accordance with CEQA
Guidelines Section 15091:
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 required in the Project fo mitigate or avoid
significance environmental effects are within the responsibility and
jurisdiction of another public agency and have been, or can and should
be, adopted by that other agency.
c. Specific economic, social, or other considerations make infeasible the
mitigation measures or Project alternatives identified in the final
environmental impact report."
The Final EIR for the Rio Bravo Ranch Project identifies certain significant environmental
effects which may occur as a result of the Project. Therefore, findings are set forth
herein pursuant to Section 15091 of the CEQA Guidelines. The Summary of Mitigation
JN 60-100320 1 December 2008
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B A K E R 5 F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Measures is based in part on the requirements contained in Section 21081.6 of the
Public Resources Code (see Exhibit B). A Mitigation Monitoring Program will be
adopted as part of the Resolution.
PROJECT DESCRIPTION
The proposed Rio Bravo Ranch Project - GPA/ZC 06-1722 (proposed Project) is located
in the northeastern portion of the City of Bakersfield, County of Kern, California, within
the incorporated limits of the City of Bakersfield. The proposed Project consists of
approximately 1,863 acres and is generally located to the east of Alfred Harrell Highway,
and extends to the City's eastern boundary encompassing both sides of State Route 178
(SR-178). The Kern River forms the northern boundary of the proposed Project.
The proposed Project site consists of primarily vacant land, orchards/plantations, and
agricultural land. Several rural residences are located along the SR-178 frontage. On-
site elevations range from approximately 500 feet above mean sea level (msl) to 1,300
feet above msl. More specifically, orchards, vineyards, and plowed arable land are
present within Sections 1, 10, 11, and 12. On-site irrigation reservoirs are found within
Section 1 and Section 11, respectively. Rural residences are located in Sections 11 and
12, including an equestrian center within Section 11. A hydroelectric plant is presently
located in Section 1, supplied by a flume that traverses portions of Sections 6 and 1.
Section 6 primarily contains open space, which is utilized for grazing.
None of the subject property is under an Agricultural Presence as identified by Kern
County or an existing Williamson Act contract. Agricultural operations have taken place
on a majority of the site and consisted primarily of growing oranges, grapefruit, almonds,
grapes, and walnuts. The subject property also consists of large areas of open
grassland, some of which is used for livestock grazing and pastureland. An equestrian
center is located in the western portion of the property, west of Rancheria Road. The
northern boundary of the subject property is outside the Kern River and lands within the
Kern Water Bank. Cottonwood Creek bisects the property east of Rancheria Road.
Several other drainages occur within the property boundaries. The Rio Bravo
Hydroelectric Plant parallels the Kern River from just downstream of the canyon mouth
to the approximate center of the subject property.
The Project proposes a GPA to modify the current land use designations. The site is
currently designated under the General Plan as ER (Estate Residential), GC (General
Commercial), LR (Low Density Residential), OS (Open Space), OS-P (Parks and
Recreation Facilities), OS-S (Slopes Exceeding 30%), R-EA (Resource-Extensive
Agriculture), R-IA (Resource-Intensive Agriculture), RR (Rural Residential), and SR
(Suburban Residential). The proposed GPA would include the following land use
designations: SR (Suburban Residential), LR (Low Density Residential), LMR (Low
Medium Density Residential), OS (Open Space), OS-S (Open Space - Slopes
Exceeding 30%), OS-P (Open Space -Parks), GC (General Commercial), MUC (Mixed-
Use Commercial)
There is also a portion of the proposed Project that lies within the Kem River Plan
E/emenf. The Kem River Plan Element is part of the General Plan and includes the
primary and secondary floodways of the Kern River, covering 14,250 acres. The
element shows the relationship of the proposed uses within the primary and secondary
floodways with those uses that already exist or are shown on the existing general plans
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B A t; E R S F I E 6 D GPA/ZC 06-1722
SCH No. 2007101060
of the City and County. The policy text presents specific statements that express the
intent of the City and the County with regard to land uses in the Kern River Planning
Area. The focus of the Kem River Plan Element is on the preservation and maintenance
of the primary floodway channel of the Kern River. Resource, recreational, residential,
and other uses are allowed within the secondary floodway.
The proposed Project will require an amendment to the Kem River Plan E/emenf within
the proposed Project boundary in order to conform to the requested GPA land use
designations. The portions of the Project located within the Kem River Plan Element are
currently designated 3.1 (Public and Private Recreation Areas), 5.35 (Residential,
maximum, 7.25 units per net acre), and 5.4 (Residential, maximum 4 units per net acre).
Amendments to the land use designations of the Kem River Plan Element are located
within Sections 10, 11, and 12, Township 29 South, Range 29 East; to the north of the
existing SR-178 alignment. The above-mentioned Kem River Plan Element land use
designations would remain unchanged. In addition to the existing land use designations
on-site, the proposed Kem River Plan Element amendment would include the following
land use designation: 6.2 (General Commercial).
The proposed Project also includes zone changes from A (Agriculture), A-HD
(Agriculture-Hillside Development), E (Estate One Family Dwelling), E-HD (Estate One
Family Dwelling-Hillside Development), OS (Open Space), OS-HD (Open Space-
Hillside Development), R-1 (One Family Dwelling), and R-1 HD (One Family Dwelling-
Hillside Development) to the following classifications: R-1/PUD (One Family Dwelling -
Planned Unit Development), R-2/PUD (Limited Multiple Family Dwelling Zone -Planned
Unit Development), CC/PCD (Commercial Center -Planned Commercial Development),
C-2/PCD (Regional Commercial -Planned Commercial Development) RE (Recreation),
OS (Open Space), and HD (Hillside Development).
The Project would allow for approximately 4,688 residential units, approximately 20.39
acres of GC (General Commercial), and 44.39 acres of MUC (Mixed Use Commercial).
The proposed Project also includes proposed collector and local roads. Approximately
738.53 acres of land will be reserved for the development of landscaped trails, parks, and
open space areas that would link to the City's existing park and trail system and
accommodate the recreational needs of the residents.
A Circulation Element Amendment to the General Plan will result in the establishment of
two new collector roadways: the first resulting in the realignment of Old Walker Pass
Road (located west of Rancheria Road, an existing arterial), extending southeast and
connecting to SR-178; and the second extending southeast from SR-178 to the project
boundary. Additionally, the Circulation Element Amendment proposes to eliminate an
existing the arterial street designation (running from east to west) along the southern
boundary of the project site and an arterial street designation that runs north to south
within the eastern portion of the project site. Two existing collector designations, running
north to south, and east to west, respectively, within the Project will also be eliminated.
Refer to Figure 3-8, PROPOSED CIRCULATION ELEMENT AMENDMENT. The
collectors, as shown on Figure 3-8, do not appear on the General Plan Circulation
Element map. However, all section lines and mid-section lines are defined as arterials
and collectors, respectively. The deletions are being requested because the existing
topographical relief presents significant engineering challenges, requiring significant
landform and ridgeline modification.
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-----~-....,,, Rio Bravo Ranch Project
B A A E R S F I E L D GPA/ZC 06-1722
SCH No. 2007101060
III. FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS
The City of Bakersfield, as Lead Agency and decision-maker for the Project, has
reviewed and considered the information contained in both the Draft and Final EIRs
prepared for the Rio Bravo Ranch Project and the public record. The Lead Agency
makes the following finding pursuant to CEQA and the CEQA Guidelines:
The City of Bakersfield, as Lead Agency and decision-makers, having reviewed and
considered the information contained in the Draft and Final EIRs prepared for the Rio
Bravo Ranch Project and public records, finds that changes or alterations to the Project
will avoid or substantially lessen potentially significant environmental impacts. These
changes or alterations are related to the implementation of the mitigation measures
detailed in this document.
The City of Bakersfield, as Lead Agency and decision-makers, finds that significant and
unmitigable impacts on Aesthetics, Light and Glare, Noise, and Agricultural Resources
may occur with future development in conjunction with implementation of the Rio Bravo
Ranch Project. This finding requires that the Lead Agency issue a "Statement of
Overriding Considerations" under Section 15093 and 15126(b) of the State CEQA
Guidelines if the Lead Agency wishes to proceed with approval of the Project.
IV. FINDINGS WITH RESPECT TO THE ENVIRONMENTAL REVIEW PROCESS
The City of Bakersfield, acting as Lead Agency for the environmental review of the
Project, makes the following findings with regard to the environmental review process
undertaken to analyze the potential environmental impacts of the Project:
In accordance with Section 10563(a) of the CEQA Guidelines, as
amended, the City of Bakersfield undertook the preparation of an Initial
Study. The Initial Study determined that a number of environmental issue
areas may be impacted by the construction and implementation of the
Project. As a result, the Initial Study determined that the Draft EIR should
address the Project's significant impacts.
2. Pursuant to the provisions of Section 15082 of the State CEQA
Guidelines, as amended, the City of Bakersfield, as Lead Agency,
circulated a Notice of Preparation (NOP) to public agencies, special
districts, and members of the public requesting such notice fora 30-day
period commencing on October 13, 2007, and concluding on November
13, 2007.
During the circulation period for the NOP, the City of Bakersfield, as Lead
Agency, advertised and conducted a public scoping meeting on October
24, 2007, at the City of Bakersfield Development Services Department
Building, Conference Room.
4. A Draft EIR was prepared which analyzed project-related impacts related
to the following environmental issue areas: land use and relevant
planning, mineral resources, public health and safety, aesthetics, light
and glare, traffic and circulation, noise, air quality, biological resources,
cultural resources, public services and utilities, geologic and seismic
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Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
hazards, and hydrology and water quality. Growth-inducing impacts,
project alternatives and cumulative effects were also analyzed in the Draft
EIR.
5. During the Draft EIR's public review period, which began on September
29, 2008 and concluded on November 12, 2008, the City of Bakersfield
held a noticed public hearing on November 6, 2008 regarding the Draft
EIR. The public was afforded the opportunity to orally comment on the
Draft EIR at the public hearing, and the testimony was considered by the
decision-makers. Upon the close of the public review period, the Lead
Agency proceeded to evaluate and prepare responses to all written
comments received from both citizens and the public agency during the
public review period.
6. The aforementioned comments and responses and other information
consistent with the requirements of Section 15132 of the State CEQA
Guidelines, as amended, comprise the Final EIR. Following completion
of the Responses to Comments document, the Lead Agency's responses
to the comments received from the public agencies were transmitted to
those public agencies for consideration at least 10 days prior to the Final
EIR's certification.
V.
FINDINGS REGARDING IMPACTS DETERMINED TO BE INSIGNIFICANT IN THE
INITIAL STUDY/NOTICE OF PREPARATION
The City of Bakersfield conducted an Initial Study in October 2007, to determine
significant effects of the project. In the course of this evaluation, certain impacts of the
project were found to be less than significant due to the inability of a project of this scope
to create such impacts or the absence of project characteristics producing effects of this
type. The effects determined not to be significant are not included in primary analysis
sections of the Draft EIR.
AIR QUALITY. Would the project:
Create objectionable odors affecting a substantial number of people?
Construction activities associated with the Project may generate detectable odors from
heavy-duty equipment exhaust. Odors associated with diesel and gasoline fumes are
transitory in nature and would not create objectionable odors affecting a substantial
number of people. The impacts from these odors would be short-term, would cease
upon Project completion, and are not anticipated to be significant.
BIOLOGICAL RESOURCES. Would the project:
Have a substantial adverse effect on federally protected weflands as defined by Section
404 of the Clean Water Acf (including, buf not limited to, marsh, vernal pool, coastal,
etc.) through direcf removal, filling, hydrological interruption, or other means?
No federally protected wetlands are known to occur on-site. Impacts are therefore
considered less than significant. However, the EIR will discuss necessary resource
agency consultation requirements and identify appropriate mitigation for both permanent
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
and temporary impacts, if necessary. Impacts in this regard would be less than
significant.
Conflict with the provisions of an adopted Habitaf Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or sfafe habitat conservation plan?
The MBHCP is the regional conservation plan that addresses the effect of urban growth
on federally and State protected plant and animal species within the Metropolitan
Bakersfield General Plan area. The MBHCP is a joint program of the City of Bakersfield
and Kern County that was undertaken to assist urban development applicants in
complying with State and federal endangered species laws. The MBHCP utilizes
avoidance measures and a mitigation fee paid by applicants for grading or building
permits to fund the purchase and maintenance of habitat land to compensate for the
effects of urban development on endangered species habitat. If a Project is developed
on land within the Metropolitan Bakersfield area, payment of a one-time MBHCP habitat
mitigation fee of $1,240 per gross acre is required. This proposed Project must comply
with the provisions of the MBHCP. Impacts are less than significant.
GEOLOGY AND SOILS. Would the project:
Result in substantial soil erosion or the loss of topsoil?
After preliminary research, the Project site was found to have the following soils on-site:
Chanac clay loam, 2 to 9% slopes; Chanac-Pleito complex, 2 to 5% slopes,
Xerofluvents, occasionally flooded-riverwash complex, 0 to 5% slopes; Calicreek sandy
loam, 0 to 2% slopes, occasionally flooded; Nord fine sandy loam, 0 to 2% slopes, rarely
flooded; Chanac clay loam, 15 to 30% slopes; Cuyama sandy loam, 2 to 5% slopes; and
Pleito-Trigo-Chanac complex, 15 to 50% slopes.
The Project would be subject to the City ordinances and standards relative to soils and
geology. Standard compliance requirements include soils and grading reports prior to
issuance of building permits and adherence to applicable building codes in accordance
with the Uniform Building Code.
Future development may include clearing and grading for construction that may expose
soils to short-term wind and water erosion. Implementation of erosion control measures
as required by the City and adherence to all requirements set forth in the National
Pollutant Discharge Elimination System (NPDES) permit for construction activities would
reduce these impacts to less than significant. Impacts are less than significant.
Have soils incapable of adequately supporting fhe use of septic tanks or alternative
waste water disposal systems where sewers are not available for the disposal of waste
wafer?
The Metropolitan Bakersfield General Plan indicates that the northeastern area of the
City is developed using on-site septic tanks. Some of the developed Rio Bravo area is
sewered to community-level septic systems. Refer to response, above. The proposed
development is required to connect to sewers. Impacts are less than significant.
JN 60-100320 6 December 2008
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B A A E R S F I E L p
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Create a significant hazard to the public or fhe environment through the roufine
transport, use, or disposal of hazardous materials?
The proposed Project would not involve the transportation, storage, use, or disposal of
significant quantities of hazardous materials. The types of land uses associated with the
proposed Project include residential, commercial, and open space. None of these land
uses are known to use, produce, or transport hazardous materials in significant
quantities.
Grading and construction activities may involve the limited transport, storage, use, or
disposal of hazardous materials or demolition debris. However, these activities would be
minimal, short-term, or one-time in nature and would be subject to federal, state, and
local health and safety requirements. If hazardous materials were present on-site, they
would be subject to local, State, and federal regulations. Based on surrounding land
uses and existing regulations, the normal use, storage, disposal and transport of
hazardous materials is considered a less than significant impact.
Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
Currently, there are no existing or proposed schools located within one-quarter mile of
the proposed Project site. Based on the proposed conditions for the future development,
the Project site is not anticipated to result in emissions or handling of hazardous or
acutely hazardous materials, substances, or waste within one-quarter mile of an existing
or proposed school. Impacts are less than significant.
For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would fhe projecf result
in a safety hazard for people residing or working in the project area?
The proposed Project site is not located within two miles of a public airport or public use
airport. Therefore, no safety hazard is expected as a result of the proposed Project. No
impact.
For a project within the vicinity of a private airstrip, would fhe project result in a safety
hazard for people residing or working in the project area?
The Project site is not located within the vicinity of a private airstrip. Therefore, the
Project would not cause a safety hazard for people residing or working in the Project
area. No impact.
HYDROLOGY AND WATER QUALITY. Would the project:
Violate any water qualify standards or waste discharge requirements?
Implementation of the proposed Project would result in development and site runoff
contributing typical roadway pollutants to existing drainage facilities. Typical roadway-
related pollutants primarily include oil, grease, and petroleum derivatives. The Central
Valley Regional Water Quality Control Board (RWQCB) administers the National
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CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Pollution Discharge Elimination System (NPDES) Permit requirements within the Project
area. All projects are obligated to implement structural and non-structural, non-point
source pollution control measures known as Best Management Practices (BMPs) to limit
urban pollutants to the maximum extent practical. Furthermore, the implementation of a
Storm Water Pollution Prevention Plan (SWPPP) would assist in reducing short-term
construction impacts to less than significant levels. Less than significant impacts are
anticipated in this regard.
Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of stream or river, in a manner which would result in substantial
erosion or siltation on- or off-site?
Future development on the Project site may result in minor changes in the amount of
runoff due to an increase in the amount of impermeable surface area at the Project site.
Development on-site would be subject to City codes and requirements for erosion
control. Due to several factors, including the characteristics of the onsite soils, the rolling
topography, the implementation of erosion control measures pursuant to City codes, and
the construction of drainage facilities (i.e. curb and gutter, retention basins), the
proposed Project would not result in significant erosion or displacement of soils off-site.
Less than significant impacts are anticipated in this regard.
Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, or substantially increase the rate or amount
of surface runoff in a manner which would result in flooding on- or off-site?
The rate and volume of on-site surface runoff would increase due to the implementation
of the proposed Project, and due to the introduction of impervious surface on the Project
site. No significant impact on drainage facilities is expected to occur. Drainage facilities
and flood protection would be provided on-site as a part of the Project design and would
be subject to review and approval by the City of Bakersfield. Refer to Response, above.
Less than significant impacts are anticipated in this regard.
Create or contribute runoff water which would exceed the capacity of existing or planned
ston»water drainage systems or provide substantial additional sources of polluted
runoff?
Construction of the proposed development may result in minor changes in the amount of
runoff due to the addition of impermeable surface area to the Project site. Surface runoff
velocities, volumes, and peak flow rates would increase as well. The anticipated
development would not have the capacity to create or contribute runoff water, which
would exceed the capacity of planned stormwater drainage systems. Less than
significant impacts are anticipated in this regard.
Otherwise substantially degrade water quality?
Discharge from the proposed Project through stormwater facilities would consist of non-
point sources. stormwater quality is generally affected by the length of time since the
last rainfall, intensity of rainfall, urban uses of the area, and the quantity of transported
sediment. Typical urban water quality pollutants usually result from motor vehicle
operations, oil and grease residues, and careless material storage and handling. The
majority of pollutant loads are usually washed away during the first flush of the storm
JN 60-100320 8 December 2008
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Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
occurring after the dry-season period. With implementation of an approved and
permitted SWPPP and completion of a drainage study, this impact would be reduced to
less than significant.
Place housing within a 100-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
Flood zones are geographic areas that the FEMA has defined according to varying
levels of flood risk. These zones are depicted on a community's Flood Insurance Rate
Map or Flood Hazard Boundary Map. Each zone reflects the severity or type of flooding
in the area. Based on information obtained from the Kern County Online Mapping
System, the subject property is rated Zone X. Zone X Areas are considered "Moderate
to Low Risk Areas". In addition, the elevation of the site ranges from 500 feet above msl
to 1,300 feet above msl. Less than significant impacts are anticipated in this regard.
Place within a 100-year flood hazard area structures which would impede or redirect
flood flows?
Refer to Response, above.
Expose people or structures to a significant risk of loss, injury or death involving flooding,
including flooding as a result of the failure of a levee or dam?
Isabella Dam, which is located approximately forty miles northeast of Bakersfield, has a
capacity to hold 570,000 acre-feet of water. If an earthquake were to occur in the
vicinity, it could result in a break in the dam. This could, under certain conditions, cause
the entire lake storage to be released, which would result in flooding 60 square miles of
the Metropolitan Bakersfield area.
As a result of the possible dangers associated with Isabella Dam, the City of Bakersfield
entered the Regular Phase of the National Flood Insurance Program (NFIP) as
administered by the Federal Emergency Management Agency (FEMA) on May 1, 1985.
Compliance with the NFIP and FEMA would result in less than significant impacts. In
addition, due to the elevation on-site, the area is not anticipated to be flooded in a dam
failure event.
Inundation by seiche, Tsunami, or mudflow?
The Kern River is located to the north of the proposed Project site; however, it is unlikely
that the River would result in seiche or tsunami hazards due to the river's shallowness.
Hazards involving tsunamis, seiche, or mudflows are not expected to affect the
development. Less than significant impacts are anticipated in this regard.
LAND USE AND PLANNING. Would the project:
Physically divide an established community?
The proposed Project would not divide the physical arrangement of a community. The
surrounding vicinity consists mostly of vacant or agricultural land. Residential
development is located to the east of Rancheria Road (just north of the Project site), and
in the south, southwest, and western portions adjacent to the Project site. Less than
significant impacts are anticipated in this regard.
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6~ A E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
MINERAL RESOURCES. Would the project:
Result in the loss of availability of a known mineral resource that would be of value to the
region and the residents of the state?
According to the Department of Conservation, Division of Oil, Gas & Geothermal
Resources (DOGGR) District 4, Map 439, the subject property is not located within any
administrative oilfield boundaries. California Digital Map Data, obtained from DOGGR,
shows that there are 12 oil wells on the project site. All of these wells are plugged and
abandoned, with dry holes.
There are two wells located within APN 397-020-20 (Section 10, Township 29 South,
Range 30 East); three wells located within APN 386-060-19 (Section 12, Township 29
South, Range 30 East); three wells located within APN 386-060-24 (Section 11,
Township 29 South, Range 29 East); one well within APN 386-060-03 (Section 11,
Township 29 South, Range 29 East); and three wells located within APN 386-050-51
(Section 10, Township 29 South, Range 29 East).
The wells located within APN 397-020-20 are "Haggard" #1 owned by Seaboard Oil &
Gas Company and "William" #1 owned by Continental Oil Company. Both wells are
located in the southwest and southeast corners of the parcel, respectively. All three
wells located within APN 386-060-19 ("Linda" #8, #9, and #10), are owned by Arthur C.
Fisher and J.H. Maurer, and are located in the northwest corner of the parcel. APN 386-
060-24 has three wells: "Linda" #1, which is owned by International Exploration
Company, and "Linda" #2 and #5, owned by Arthur C. Fisher and J.H. Maurer. "Linda"
#11, owned by Arthur C. Fisher and J.H. Maurer, is located in the Northwest corner of
APN 386-060-03. The three wells located within APN 386-050-51 are "Corehole" #7 and
#8, owned by Amerada Hess Corporation, and "Lock" #1, owned by Gilles De Flon. This
impact is considered less than significant because these wells contain no oil, and have
been plugged and abandoned.
Result in the loss of availability of alocally-important mineral resource recovery site
delineated on a local general plan, specific plan or other land use plan?
Refer to Response, above.
NOISE. Would the project result in:
For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project
expose people residing or working in the project area to excessive noise levels?
The proposed Project site is not located within an airport land use plan or within two
miles of a public airport or public use airport. Therefore, Project implementation would
not expose people residing or working in the Project area to excessive noise levels. No
impact.
For a project within the vicinity of a private airstrip, would the project expose people
residing or working in the project area to excessive noise levels?
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B A !; E R S P I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
The proposed Project site is not located within the vicinity of a private airstrip.
Implementation of the Project would not expose people residing or working in the Project
area to excessive noise levels. No impact.
POPULATION AND HOUSING. Would the project:
Displace substantial numbers of existing housing, necessitating the construction of
replacement housing elsewhere?
A number of rural residences are located on the proposed Project site, which are owned
by the applicant. These residences would be demolished or relocated prior to
development of the Project. The applicant would be required to bear the compensation
associated with the relocation of these rural residences. All residents being displaced
are willing sellers, and no residents would be displaced through unwilling acquisition or
eminent domain. Less than significant impacts are anticipated in this regard.
Displace substantial numbers of people, necessitating the construction of replacement
housing elsewhere?
Refer to Response, above.
PUBLIC SERVICES. Would the project:
Result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
Parks?
Future development of the Project site will create a demand for new parks and
recreational facilities. The Project proposes to have approximately 735 acres of land
reserved for the development of landscaped trails, parks, and other open space areas
that would compliment the City's existing park and trail system and accommodate the
recreational needs of the residents. Residential projects within the City of Bakersfield
are required to provide 2.5 acres of new parks per 1,000 projected population, according
to the Metropolitan Bakersfield General Plan. At the discretion of the City, the applicant
of the development would be required to dedicate land, pay applicable fees in
accordance with the parks standard, or provide a combination of parkland dedication
and payment of fees. Less than significant impacts are anticipated in this regard.
RECREATION. Would the project:
Increase the use of existing neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be
accelerated?
Refer to Response, above.
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CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Does The project include recreational facilities or require the construction or expansion of
recreational facilities which might have an adverse physical effect on the environment?
Refer to Response, above.
TRANSPORTATION/TRAFFIC. Would the project:
Result in a change in air Traffic patterns, including either an increase in traffic levels or a
change in location that results in substantial safety risks?
The Project site is not located within the vicinity of any public airports or airstrips. In
addition, the Project site is not located within the approach or takeoff paths and will not
affect its operations. Implementation of the proposed Project will not result in any
changes to air traffic patterns.
Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous
intersections) orincompatible uses (e.g., farm equipment)?
The future development of the Project site would result in more vehicles, bicyclists, and
pedestrians in the area. Although the potential for additional traffic hazards may
increase, the development would be subject to the design and safety standards of the
City of Bakersfield. Therefore, the likelihood of design feature hazards or incompatible
uses would be reduced to a less than significant level.
Result in inadequate emergency access?
Commercial development within the Project site would be subject to design review by
the City's fire and police departments to assure that adequate emergency access is
provided. Residential subdivisions would also be reviewed to assure adequate
emergency access. In addition, the City's standard review procedures prior to issuance
of grading permits would reduce impacts to a less than significant level.
Result in inadequate parking capacity?
The proposed Project must meet City parking standards. No significant parking impacts
specific to this Project have been identified.
Conflict with adopted policies, plans, or programs supporting alternative transportation
(e.g., bus Turnouts, bicycle racks)?
The proposed Project would not conflict with adopted policies, plans, or programs
supporting alternative transportation.
UTILITIES AND SERVICE SYSTEMS. Would the project:
Be served by a landfill with sufficient permitted capacity to accommodate the project's
solid waste disposal needs?
Existing solid waste collection services for residential uses are provided within the City of
Bakersfield by the City's Solid Waste Division. All solid waste generated in the City is
disposed of in County operated landfills. Future development anticipated in the Project
site is not expected to significantly affect existing facilities. Less than significant impacts
are anticipated in this regard.
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CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/zC 06-1722
SCH No. 2007101060
Comply with federal, stafe, and local statufes and regulations related to solid waste?
VI.
Refer to Response, above.
FINDINGS REGARDING EFFECTS DETERMINED TO BE INSIGNIFICANT OR LESS
THAN SIGNIFICANT
The City of Bakersfield finds that based on substantial evidence appearing in the Final
EIR, Technical Appendices and in the administrative record, that the proposed Project
would have insignificant or less than significant impacts in the following areas.
LAND USE AND RELEVANT PLANNING
Land Use Compatibility On-site
5.1-2 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD RESULT /N
THE PHASED ELIMINATION OF OPEN SPACE AS PLANNED LAND USES
ARE DEVELOPED.
Facts Supporting Finding
The phasing of the proposed Project allows agricultural activities to continue on-site. In
order for agricultural operations to continue while phases of the proposed Project are
gradually developed, adequate buffers and setbacks need to be established. Pursuant
to Section 17.08.150 (A) of the Municipal Code, residential structures shall be set back a
minimum of 50 feet from all agricultural zones. As described in Section 5.2,
AGRICULTURE, adherence to the Municipal Code would reduce compatibility impacts to
less than significant levels with the development of physical buffers.
As discussed in Section 3.0, PROJECT DESCRIPTION, future development of on-site
uses will include residential units, general commercial, mixed-use commercial, along
with landscaped trails, parks, and open space. The proposed land uses are considered
internally compatible with one another since the proposed recreational and circulation
features are considered complimentary to the proposed residential and commercial
uses. Further, by clustering the residential uses according to their respective densities,
compatibility between the varying densities ensures the provision of adequate separation
and buffers. Although the ultimate size and orientation of these uses are undefined at
this time, the proposed Project will be developed according to applicable General Plan
guidelines and Municipal Code development standards. Final siting will be subject to
approval by the City to ensure that long-term on-site land use compatibility impacts
between residential and park uses are minimized to the fullest extent possible. As such,
these requirements would reduce potential compatibility impacts to less than significant
levels.
Land Use Compatibility Off-Site
5.1-3 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT RESULT IN
LAND USE COMPATIBILITY IMPACTS ON SURROUNDING USES.
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Facts Supporting Finding
As the proposed Project site is currently undeveloped, the existing residential uses
located to the north, south, and west of the Project site have the benefit of being located
adjacent to undeveloped open space. Although the proposed Project would alter current
conditions on the site, the development would be compatible in density and character
with existing residential uses to the south and east. Compatibility impacts would be
mitigated with the implementation of the sensitive design features, including appropriate
setbacks, edge treatment concepts, and property line transitional elements would serve
to minimize impacts to adjacent uses. In addition, potential compatibility impacts would
be mitigated to less than significant levels with adherence to applicable design standards
set forth in Chapter 17 of the Municipal Code and with implementation of required
mitigation measures identified throughout this EIR document.
Relevant Planning Policies
Consistencv with General Plan Policies
5.1-4 THE PROPOSED PROJECT WOULD REQUIRE AN AMENDMENT TO THE
GENERAL PLAN AND A CONCURRENT CHANGE TO THE CITY OF
BAKERSFIELD MUNICIPAL CODE ZONING DESIGNATION. THIS WOULD
RESULT IN THE CONVERSION OF AN APPROXIMATELY 1, 863-ACRE
UNDEVELOPED PROJECT SITE TO RESIDENTIAL AND COMMERCIAL
USES. THE PROPOSED PROJECT HAS BEEN REVIEWED FOR
CONSISTENCY WITH GOALS AND POLICIES AS SET FORTH IN THE
GENERAL PLAN.
Facts Supporting Finding
Overall, Project implementation would not conflict with the land use plan, goals, and
strategies of the General Plan. Page II-2 of the General Plan states that new
development on the periphery of urban Bakersfield is to be focused in ten new mixed-
use activity centers located in the southwest, northwest, and northeast. The General
Plan also states, "The center in the northeast will include retail commercial, professional
office, moderate and high density residential, and will filter outwards to lower densities.
The plan encourages That each center. (a) focus on a major open space amenity, such
as a park or water body; (b) link land uses to the Kem River when: possible; and (c)
exhibit pedestrian sensitivity with appropriate design applied to encourage pedestrian
activity. In addition fo these three activity centers, peripheral development will be
focused in smaller community centers, such as in the Greenfield and Lamont areas, with
local-serving commercial services and residential uses." An in-depth analysis of the
northeast center is warranted because of its growth potential and its related impacts,
including impacts to scenic resources and open space. This Program EIR meets the
intent of this General Plan recommendation for the northeastern area.
The existing General Plan land used designations and zoning currently would allow for
approximately 5,067 dwelling units, approximately 13 acres of mixed use commercial,
and approximately 621 acres of open space and parks. The proposed Project would not
be inconsistent with General Plan land use designations and zoning, since the Project
would consists of approximately 4,688 residential units, approximately 20.39 acres of
general commercial, and 44.39 of mixed use commercial. The Project also includes
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Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
proposed collector and local roads. In addition, approximately 738.53 acres of land will
be reserved for the development of landscaped trails, parks and open space areas that
would link to the City's existing park and trail system and accommodate the recreational
needs of the residents.
The analysis contained in Table 5.1-1, CONSISTENCY ANALYSIS WITH
METROPOLITAN BAKERSFIELD GENERAL PLAN GOALS AND POLICIES, concludes
that there would be no significant consistency impacts of the proposed Project
associated with the General Plan goals and policies. The Project's consistency with
farmland conversion impacts are addressed in Section 5.2, AGRICULTURE, and the
SJVAPCD AQAP is addressed in Section 5.7, AIR QUALITY. Less than significant
impacts are anticipated in this regard.
Consistency with Regional Plans
5.1-5 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT BE
INCONSISTENT WITH AREA WIDE ENVIRONMENTAL PLANS.
Facts Supporting Finding
The proposed Project was reviewed and determined to be consistent with the following
regional plans: Air Quality Attainment Plan, Metropolitan Bakersfield General Plan
Bikeway Master Plan, Regional Transportation Plan, Solid Waste Management Plan,
Metropolitan Bakersfield Habitat Conservation Plan and Hazardous Waste Management
Plan.
Consistency with the Circulation Element
5.1-6 THE PROPOSED CIRCULATION ELEMENT AMENDMENT TO THE
GENERAL PLAN WOULD RESULT /N THE ESTABLISHMENT OF TWO NEW
COLLECTOR ROADWAYS TO PROVIDE ACCESS THROUGHOUT THE
PROPOSED PROJECT AND NEIGHBORING PROPERTIES.
Facts Supporting Finding
A Circulation Element Amendment to the General Plan will result in the establishment of
two new collector roadways: the first resulting in the realignment of Old Walker Pass
Road (located west of Rancheria Road, an existing arterial), extending southeast and
connecting to SR-178; and the second extending southeast from SR-178 to an existing
unnamed collector. Additionally, the Circulation Element Amendment proposes to
eliminate an unnamed arterial road (running from east to west) that is the southern
boundary of the proposed Project. Two existing collector designations (running north to
south, and east to west, respectively) and one existing arterial designation (running north
to south) along the southeastern Project boundary will also be eliminated. The collectors,
do not appear on the General Plan Circulation Element map. However, all section lines
and mid-section lines are defined as arterials and collectors, respectively. The deletions
are being requested because the existing topographical relief presents significant
engineering challenges, requiring significant landform and ridgeline modification.
The City would be responsible for all improvements, maintenance and services to the
roadways upon completion. With approval of the proposed Project and the Circulation
Element Amendment, the Project would be consistent with the General Plan Circulation
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Element. Additionally, all City goals and policies would be achieved with the proposed
Project Circulation Element Amendment; therefore, no additional mitigation measures
would be required (refer to Section 5.5, TRAFFIC AND CIRCULATION).
Cumulative Impacts
5.1-7 THE PROPOSED PROJECT, COMBINED WITH OTHER FUTURE
DEVELOPMENT, WOULD NOT INCREASE THE INTENSITY OF LAND USES
IN THE AREA.
Facts Supporting Findings
The anticipated Project impacts, in conjunction with cumulative development in the site
vicinity, would increase urbanization and result in the loss of open space in the local
vicinity. Potential land use impacts are site-specific and require evaluation on a case-by-
case basis. This is true with regard to land use compatibility impacts, which are generally
a function of the relationship between the interactive effects of a specific development
site and those of its immediate environment. In that development within the northeastern
planning area is anticipated to occur in accordance with the General Plan and attendant
zoning classifications, potential cumulative effects upon land use and planning are not
anticipated to be significant.
AGRICULATURAL RESOURCES
Conversion of Land Under Williamson Act Contract
5.2-2 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT REQUIRE
THE CANCELLATION OF AN EXISTING WILLIAMSON ACT CONTRACT.
Facts Supporting Findings
None of the subject property is under a Williamson Land Use Contract or within an
agricultural preserve. No impact would occur in this regard.
PUBLIC HEALTH AND SAFETY
Agricultural Use of Property/Adjacent Properties
5.3-5 AGRICULTURAL USES WITHIN THE DEVELOPMENT AREA WOULD NOT
CREATE HUMAN HEALTH EFFECTS, PARTICULARLY DURING PESTICIDE
APPLICATION OPERATIONS.
Facts Supporting Findings
The potential impact of the continued use of agricultural chemicals within the Project
vicinity would be reduced to less than significant levels with implementation of the
following standards: (1) agricultural chemicals would be used and stored in accordance
with all applicable Federal, State, and local regulations and guidelines; and (2) buffers
and barriers between agricultural and urban uses would be used to provide a separation
during pesticide application operations. These buffers and barriers can be open space,
roadways, utility corridors, canals, easements, six-foot-high masonry walls, fences, or
landscape setbacks. For additional discussion regarding the conflicts associated with
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Rio Bravo Ranch Project
GPA/ZC 06-1722
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proposed uses and ongoing agricultural operations, refer to Section 5.2,
AGRICULTURE.
Emergency Response/Evacuation Plan
5.3-7 THE PROPOSED PROJECT WOULD NOT IMPAIR IMPLEMENTATION OF OR
PHYSICALLY INTERFERE WITH AN ADOPTED EMERGENCY RESPONSE
PLAN OR EMERGENCY EVACUATION PLAN.
Facts Supporting Findings
The proposed Project would ultimately result in the construction of mixed density
residential units and commercial buildings. The Municipal Code requires traffic control
measures to be implemented to ensure that construction does not interfere with any
emergency response or evacuation plans. In addition, all access will conform to fire
standards. Impacts are considered less than significant.
Wildland Fire Threat
5.3-8 THE PROPOSED PROJECT WOULD NOT BE IMPACTED BY THE THREAT
OF WILDLAND FIRES.
Facts Supporting Findings
Compliance with the foregoing provisions and requirements and continued cooperation
with the other jurisdictions that participate in the mutual and automatic aid contracts
would ensure that any future wildland fires near the proposed Project area would be
controlled to the greatest extent feasible. Potential impacts associated with wildland
fires would be reduced to having no significant impacts through compliance with the
provisions of Bakersfield Municipal Code, Chapter 17.66. No significant impacts would
occur in this regard.
Long-Term Maintenance and Operation
5.3-9 PROJECT IMPLEMENTATION WOULD NOT CREATE A SIGNIFICANT
HAZARD TO THE PUBLIC OR THE ENVIRONMENT THROUGH THE
ROUTINE TRANSPORT, USE, OR DISPOSAL OF HAZARDOUS MATERIALS.
Facts SupportinA Findings
Given the location of the proposed Project within a newly developing area surrounded by
agricultural, residential, and open space uses, Project implementation would not
promote the transport of hazardous materials within the Project area.
Delivery trucks often haul "household" chemicals (those commonly found in grocery
stores and/or commercial uses). The Alfred Harrell Highway was identified as a truck
routes within the Circulation Element of the General Plan; therefore, the potential exists
for the incidental transport of materials and chemicals along those roadways that meet
the definition of "hazardous." While the risk of exposure to hazardous materials cannot
be fully eliminated, measures can be implemented to maintain risks at acceptable levels.
As described above, several Federal, State, and local regulatory agencies oversee
hazardous materials transportation. Oversight by the appropriate agencies and
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Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
compliance with applicable regulations are considered adequate to offset the negative
effects related to the incidental transport of hazardous materials within the proposed
Project area.
5.3-10 PROJECT IMPLEMENTATION WOULD NOT CREATE A SIGNIFICANT
HAZARD TO THE PUBLIC OR THE ENVIRONMENT THROUGH THE LONG-
TERM USE OF HAZARDOUS SUBSTANCES FOR THE PURPOSE OF
LONG-TERM MAINTENANCE.
Facts Supporting Findings
Future on-site uses include 4,688 residential units, approximately 20.39 acres of general
commercial, approximately 44.39 acres of mixed use commercial, and approximately
738.53 acres of land that will be reserved for the development of landscaped trails,
parks, and open space. Therefore, the on-site use and storage of hazardous materials
may include fire suppressing substances, cleaning solvents, fuel, fertilizers, pesticides,
and other materials used in the regular maintenance of residential and commercial
structures. With proper use and disposal, these chemicals are not expected to result in
hazardous or unhealthful conditions for nearby residents or maintenance workers.
Future on-site uses would be required to comply with all applicable local, State and
Federal regulations and policies regarding hazardous materials. Less than significant
impacts are anticipated in this regard.
Cumulative Impacts
5.3-12 THE PROPOSED PROJECT, IN COMBINATION WITH OTHER CUMULATIVE
PROJECTS, MAY INCREASE EXPOSURE TO THE PUBLIC OF HAZARDOUS
SUBSTANCES.
Facts Supporting Findings
Impacts related to hazardous materials and hazardous substances are considered site-
specific and are generally mitigated to less than significant levels on aproject-by-project
basis. In the case of the proposed Project, all potential hazards and potentially
hazardous materials or situations that could result from the release of substances will be
mitigated to less than significant levels. Compliance with the applicable federal, state,
and local regulations, which includes safety standards, would minimize the potential
cumulatively considerable impacts on the proposed Project site. Therefore, the
proposed Project, in conjunction with future projects, would not result in cumulatively
considerable impacts from hazards or hazardous materials.
AESTHETICS, LIGHT, AND GLARE
Visual Blight
5.4-5 THE PROPOSED PROJECT WOULD NOT CREATE VISUAL BLIGHT
RESULTING IN A PHYSICAL CHANGE TO THE ENVIRONMENT FROM
PROJECT-INDUCED COMMERCIAL RETAIL STORE CLOSURES.
Facts Supporting Findings
The commercial-retail portions of the proposed Project would include a total of 505,361
square feet of retail space, divided between a General Commercial lot (222,047 square
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CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
feet) and four mixed-use commercial lots (283,314 total square feet). Based on the
Urban Decay Study that was prepared for the proposed Project, residual market support
for retail space in the Rio Bravo Ranch Trade Area in 2010 is projected to be
approximately 1.08 million square feet. Thus, all of the proposed Project's assumed
retail space (505,361 square feet) would be fully supportable by 2010. By 2020, residual
market support for retail space is projected to reach approximately 2.08 million square
feet, indicating that the proposed Project (if the commercial-retail components were built
out by 2020) would absorb less than 25% of the demand for new retail space over this
time period. Based on these findings, it is unlikely that the retail components of the
proposed Project would result in economic impacts to existing stores in the Rio Bravo
Ranch Trade Area; therefore, it is unlikely that any existing retail stores will be forced to
close due to the Project. Given the current market strength, a new and affluent
demographic, and a strong track record of backfilling throughout the Bakersfield market,
there is low potential for urban decay to occur as a result of the competition generated
from the proposed Project. Therefore, impacts would be less than significant.
AIR QUALTIY
Odors
5.7-3 LONG-TERM ODOR IMPACTS WOULD NOT OCCUR AS A RESULT OF
PROJECT IMPLEMENTATION.
Facts Supporting Findings
The Air Quality Impact Assessment performed an analysis of potential odor impacts in
accordance with the SJVAPCD's GAMAQI, and concluded that odorous compounds
associated with the proposed Project are not known to contribute to odors. Less than
significant impacts are anticipated in this regard.
Visibility Impacts
5.7-4 LONG-TERM VISIBILITY IMPACTS WOULD NOT OCCUR AS A RESULT OF
PROJECT IMPLEMENTATION.
Facts Supporting Findings
A Level 1 screening analysis of the visibility impacts was conducted using the default
VISCREEN settings. In accordance with EPA VISCREEN guidance, primary NOZ was
assumed to be zero, while PM,o emissions from diesel combustion sources were
assumed to be particulate. The emission rates used in the VISCREEN model are based
on the area source emissions. The indirect source operational emissions will not occur
onsite and therefore cannot contribute to a visible plume originating from the site. Since
the sources onsite would be spread out and would not contribute to a single plume, like
the one being considered in the model, the analysis is considered conservative.
Based on the VISCREEN results, the proposed Project would not exceed the standards
for visibility at sensitive receptors within 100 kilometers. Visibility was evaluated in
proximity to the proposed Project in accordance with the California visibility standard.
Impacts are considered less than significant.
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CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Air Quality Conformity Analysis
5.7-5 THE PROJECT WOULD NOT BE INCONSISTENT WITH THE AIR QUALITY
ATTAINMENT PLAN (AQAP) CRITERIA.
Facts Supporting Findings
Kern COG, as the Metropolitan Planning Organization and the Regional Transportation
Planning Agency for the Kern Region, is required to publish an Air Quality Conformity
Analysis with the adoption or amendment of every Federal Transportation Improvement
Program (FTIP) and Regional Transportation Plan (RTP). The FTIP of the Kern Region
is a four-year schedule of transportation improvements. Revisions to the FTIP or other
planned transportation improvements must be modeled for conformance with Ambient
Air Quality Standards as required by the CAAA.
The Final Conformity Analysis for the 2007 Federal Transportation Improvement
Program, Amendment #3, and the 2007 Regional Transportation Plan (RTP) complies
fully with the July 1, 2004, EPA final rule that amended the transportation conformity rule
to include criteria and procedures for the new 8-hour ozone and fine particulate matter
(PM2.5) national ambient air quality standards. It is important to note that the Kern COG
conformity analysis highlights a project's conformance with existing local planning and
does not serve as a determinant of a single project's impact.
For air quality conformity purposes, the Kern COG classifies socio-economic data (i.e.,
housing and employment forecasts) by TAZ (Traffic Analysis Zone). The proposed
Project lies within TAZs #696, 447, 663, 767, 769, 448, 930, 449 and 394.
Approximately 7,197 dwelling units are projected in TAZs #696, 447, 663, 767, 769, 448,
930, 449 and 394 by the year 2030. There are 7,063 existing and proposed dwelling
units located within the TAZ. Potential future residential developments, based on current
land uses are 768. Additionally, approximately 600 jobs are projected the local TAZs by
the year 2025. There are approximately 515 existing and proposed project jobs located
within the TAZ. Potential future jobs, based on current land uses, are none.
The Regional TAZ Analysis results, including TAZs #696, 447, 663, 767, 769, 448, 930,
449, 394 and adjacent TAZs, indicate that approximately 35,933 dwelling units are
projected in TAZs by the year 2030. There are approximately 30,667 existing and
proposed dwelling units located within these TAZs. Potential future residential
developments, based on current land uses are approximately 5,164 dwelling units.
Therefore, the number of dwelling units would be consistent with Kern COG's
projections.
The Regional TAZ Analysis results also indicate that approximately 15,841 jobs are
projected in the region by the year 2025. There are approximately 12,381 existing and
proposed project jobs located within the area. Potential future jobs, based on current
land uses, are approximately 2,976 (refer to Table 5.7-20, REGIONAL TAZ
PROJECTED JOBS GROWTH). Thus, by 2025, the number of jobs would be consistent
with Kern COG's projections.
The Air Quality Attainment Plan (AQAP) recognized growth of the population and
economy within the Basin. The Plan predicted the workforce in Kern County to increase
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along with a 2.2 percent population increase annually from 2002 to 2030 (i.e. 62 percent
total increase uncompounded for 28 years) Due to the proposed Project being fully
mitigated or being mitigated beyond what was anticipated by the Plans, there is no
cumulative impact contribution. Therefore, the proposed Project, when considered with
all projects in the proximity transportation analysis zones and in the context of the
implementation plans to attain and maintain attainment, is considered less than
significant.
The Triennial Plan Approach uses the Kern COG projection of potential growth defined
by the Triennial Plan developed for the State Implementation Plan. This Triennial Plan is
submitted to CARB in order to demonstrate reasonable further progress toward
attainment of the CAAQS. The volume and type of emissions from a commercial source
have been estimated using the Triennial Plan. The San Joaquin Valley Air District is
required to update the Triennial Plan once every three years to reflect population
increase and rate changes and emission rate changes due to technological and
regulatory changes. It is important to verify the status of the base population growth prior
to using the Triennial Plan Projection. This projection forecasts to a 30-year horizon.
Utilization of Triennial Plan data provides a framework for assistance in determining the
significance of a project on a valley-wide air basin basis. If it demonstrates that a
project's emissions are less than or consistent with projected growth in a particular air
shed, then it can be determined to be less than significant cumulatively if the basin
projection meets or exceeds air quality improvement goals set by federal and State
regulations.
The voluntary emissions reduction agreements entered into by the applicants will further
the "progress towards attainment" as the subject agreements exceed rule requirements.
Because the Voluntary Emissions Reduction Agreements reduce the criteria pollutants
to net zero, projects implementing these Agreements as part of project design features
go beyond the amount of reductions achieved through application of the SJVAPCD's
Rules alone. Thus, projects utilizing such Agreements supplement the SJVAPCD's
attainment plans.
The State and federal emission controls will continue to provide a significant downward
trend in VOC, CO and NOX. The proposed Project's Voluntary Emission Reduction
Program is not included in this projection. The emission reduction program would have
the effect of reducing the inventory of area and mobile emissions in the air shed.
Therefore, the Triennial Plan projection is conservative since it does not reflect the
contribution of the Voluntary Emission Reduction Agreements. Given the full mitigation
of the proposed Project's emissions of NOx and VOC, the Project will enhance the
trends in the progress toward attainment defined by the Triennial Plan projection.
Cumulatively, there is a less than significant Impact for both NOX and VOC from the
proposed Project as analyzed in the context of the Triennial Plan.
In accordance with GAMAQI thresholds, stationary sources are projected to be
cumulatively significant and unavoidable for PM,o when analyzed using the 2006 PM,o
Plan for the Basin. Given the full mitigation of the proposed Projects' emissions of PM,o,
the Project will enhance the trends in the progress toward attainment defined by the
2006 PM,o Plan projection. Cumulatively, there is a less than significant impact for PM,o
from the proposed Project as analyzed in the context of the Triennial Plan.
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B A K E R S i l E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
BIOLOGICAL RESOURCES
Great Valley Cottonwood-Willow Riparian Forest Habitat
5.8-3 PROJECT CONSTRUCTION WOULD NOT IMPACT THE RIPARIAN
HABITAT OCCURRING ON-SITE.
Facts Supporting Findings
The riparian habitat occurring on-site is classified as Great Valley Cottonwood Riparian
Forest and is considered sensitive habitat by the CDFG. The proposed Project design
avoids adverse impacts to the riparian habitat on-site; therefore, no mitigation measures
are necessary.
Conflict with Local Policies
5.8-10 THE PROPOSED PROJECT WOULD NOT CONFLICT WITH ANY LOCAL
POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES,
SUCH AS A TREE PRESERVATION POLICY OR ORDINANCE.
Facts Supporting Findings
Multiple policies are identified in the City's General Plan that aim to protect biological
resources. The proposed Project does not conflict with applicable General Plan policies
or policies of the MBHCP. Therefore, less than significant impacts are anticipated in this
regard.
Cumulative Impacts
5.8-12 THE PROPOSED PROJECT WOULD NOT RESULT IN THE CUMULATIVE
LOSS OF OPEN SPACE AND AGRICULTURAL RESOURCES WITHIN THE
CITY.
Facts Supporting Findings
The City of Bakersfield is expanding rapidly with new residential and associated
commercial development being constructed. Cumulative development within the
northeastern portion of Bakersfield would have the potential to adversely affect area
biological resources. Regional loss of native areas is a significant issue. However, no
unavoidable significant impacts related to biological resources have been identified
following implementation of required mitigation measures and compliance with the
MBHCP. Incorporation of the mitigation measures discussed above would reduce
impacts of the Project to less than significant levels with regards to biological resources.
The Bakersfield area is subject to the provisions of the MBHCP; thus, cumulative
impacts have been addressed and considered mitigable to less than significant levels.
,.,
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GPA/ZC 06-1722
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CULTURAL RESOURCES
Cumulative Impacts
5.9-3 CUMULATIVE DEVELOPMENT WOULD NOT ADVERSELY AFFECT
CULTURAL RESOURCES. RESOURCES ARE EVALUATED AND
MITIGATED ON APROJECT-BY-PROJECT BASIS.
Facts Supporting Findings
Potential impacts would be site-specific and potential impacts would be evaluated on a
project-by-project basis. Each incremental development would be required to comply
with all applicable State, Federal, and City regulations concerning preservation, salvage,
or handling of cultural resources. In consideration of these regulations, potential
cumulative impacts on cultural resources would not be considered significant.
PUBLIC SERVICES AND UTILITIES
Sewer Services
5.10-6 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD RESULT IN
THE INCREASE /N DEMAND OR EXPANSION OF SEWER SERVICES.
Facts Supporting Findings
Public facility improvements from the proposed Project and eventual build-up of this area
will result in an increase in maintenance responsibility for the City of Bakersfield. The
proposed Project is required to provide improvements, such as sewer and drainage
facilities, in accordance with Municipal Code §16.32.060 and Chapter 3.12,
Development Improvement Standards and Specifications. This potential increase in
maintaining services would be paid for by properly tax revenues generated by the
proposed Project. In addition, sewer collection facilities within the proposed Project will
be constructed as development occurs in accordance with local improvement standards
and specifications. Less than significant impacts are anticipated in this regard.
Cumulative Impacts
5.10-10 POTENTIAL CUMULATIVE DEVELOPMENT WOULD INCREASE THE
DEMAND FOR SERVICES AND UTILITIES. AN /NCREASED DEMAND FOR
SERVICES MAY BE EXPECTED FOR THE BAKERSFIELD POLICE
DEPARTMENT, BAKERSFIELD FIRE DEPARTMENT, LOCAL SCHOOL
DISTRICTS, AND OTHER PUBLIC SERVICES. INCREASED DEMAND FOR
UTILITIES MAY BE EXPECTED FOR ELECTRICITY, NATURAL GAS,
WATER, WASTEWATER, AND SOLID WASTE.
Facts Supporting Findings
Although there would be a substantial service and utility demand increase attributable to
the extent of the potential cumulative development, the overall potential for service-
related cumulative effects to occur is not considered significant. This conclusion is based
primarily on the rationale that: (1) the absorption of non-residential development also
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comprises either the sale, lease or other instrument by which to secure space in or
operate within already or soon to be constructed structures; (2) already constructed
residential and non-residential development would only have occurred after having
satisfied all development specific requisite permit, code, policy, and other City of
Bakersfield development requirements and contributed their fair share of impact fees in
order to ensure their participation in addressing area-wide (cumulative) growth and
service-related demand issues; and (3) by having done the latter, each specific
development would in effect be self-mitigating with regard to placing a potentially
significant demand upon an area's public services and facilities. All impacts associated
with public services and utilities for the proposed Project would be considered less than
significant with adherence to and compliance with all applicable goals, policies and
implementation measures set forth by the City of Bakersfield.
GEOLOGIC AND SEISMIC HAZARDS
Fault Rupture
5.11-2 FUTURE DEVELOPMENT ASSOCIATED WITH THE PROPOSED PROJECT
DOES NOT HAVE THE POTENTIAL TO EXPOSE PEOPLE OR
STRUCTURES TO ADVERSE EFFECTS ASSOCIATED WITH THE
RUPTURE OF A KNOWN EARTHQUAKE FAULT.
Facts Supporting Findings
Active or potentially active faults are located within the southern San Joaquin Valley
region. The southern end of the San Joaquin Valley is bordered by five major fault
systems, all of which are considered to be active: San Andreas, Garlock, Breckenridge-
Kern Canyon, Sierra Nevada, and White Wolf faults. It is probable that faults within the
proposed Project area will move in the future; however, it is unlikely that ground rupture
would occur at the Project site because it is not located within an Alquist-Priolo
Earthquake Fault Zone or within 500 feet of a known active fault trace. Commonly,
setback areas are designed with passive land use considerations such as parks, open
space lots and street parkways. Structures proposed for the Project site shall be
constructed in compliance with the Municipal Code and the CBC. Therefore, less than
significant impacts are anticipated.
Liquefaction
5.11-4 FUTURE DEVELOPMENT ASSOCIATED WITH THE PROPOSED PROJECT
SITE WOULD NOT CAUSE LIQUEFACTION.
Facts Supporting Findings
Generally, when liquefaction occurs because of earthquakes, the conditions of
cohesionless surface material accompanied with relatively shallow water tables
underlying the area were the factor. In such cases, ground vibration increase the pore
pressure resulting in water moving upward whereby turning the sand or silt into a
quicksand like condition. The surface characteristics include the development of sand
boils, surface cracks, ground settlement and differential compaction. The approximate
groundwater depth at the proposed Project site is at least 256 feet below ground surface
(bgs). The lack of near-surface groundwater beneath the site makes impacts related to
liquefaction unlikely. Therefore, no significant impacts are anticipated.
JN 60-100320 24 December 2008
B A is E R S F I E L p
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/zC 06-1722
SCH No. 2007101060
Dam Inundation
5.11-6 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT EXPOSE
THE PROPOSED STRUCTURES TO A SIGNIFICANT RISK RESULTING
FROM ASEISMICALLY-INDUCED FAILURE OF ISABELLA DAM.
Facts Supporting Findings
If an earthquake were to occur near Lake Isabella, the potential exists for a failure of
Isabella Dam. Such a failure could cause the entire lake storage to be released, which
would result in the flooding of 60 square miles of Bakersfield. The General Plan
indicates the chances of the dam failing entirely, with the lake at capacity, was judged as
one day in 10,000 years. According to the City of Bakersfield GeoWeb map, it would
take approximately two hours from the breaking time for the water from Isabella Dam to
reach the proposed Project. The map is a visual of the worst case scenario of the Lake
Isabella Dam breaking. Current reports from the USACE state that the dam breaking is
highly unlikely. The inundation area and the time-step of flood arrival assume a full
reservoir and the full breaking of the two dams.
As a result of the possible dangers associated with Isabella Dam, the City of Bakersfield
entered the Regular Phase of the National Flood Insurance Program (NFIP) as
administered by FEMA on May 1, 1985. Compliance with the NFIP and FEMA would
result in less than significant impacts. The proposed Project would be designed and
constructed in strict adherence to City policies and review procedures.
Cumulative Impacts
5.11-7 THE PROPOSED PROJECT, COMBINED WITH FUTURE DEVELOPMENT,
MAY RESULT IN INCREASED SHORT-TERM IMPACTS SUCH AS EROSION
AND SEDIMENTATION, AND LONG-TERM SEISMIC IMPACTS WITHIN THE
AREA.
Facts Supporting Findings
Cumulative effects related to geology resulting from the implementation of future
development of the site and surrounding areas could expose more persons and property
to potential impacts due to seismic activity. Short-term cumulative impacts such as
erosion and sedimentation may occur. Long-term impacts related to geology include the
exposure of people to the potential for seismically induced ground shaking.
Implementation of other cumulative projects would incrementally increase the number of
people and structures subject to a seismic event. Seismic and geologic significance
would be considered on aproject-by-project basis through the preparation of a design-
level geotechnical study and such exposures would be minimized through strict
engineering guidelines. Therefore, cumulative effects of increased seismic risk would be
mitigated to a less than significant level.
All geologic and seismic impacts associated with implementation of the proposed Project
would be considered less than significant with adherence to and compliance with all
applicable goals, policies, and implementation measures set forth by the City of
Bakersfield and the California Building Code.
JN 60-100320 25 December 2008
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B A A E R S P I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
HYDROLOGY AND WATER QUALITY
Groundwater
5.12-2 THE PROPOSED PROJECT WOULD NOT RESULT IN ADVERSE IMPACTS
TO THE AMOUNT OF AVAILABLE GROUNDWATER AVAILABLE OR
DEGRADE GROUNDWATER QUALITY.
Facts Supporting Findings
The proposed Project is included within the plans to accommodate future growth in the
City of Bakersfield. According to the Water Supply Assessment, Cal Water concludes
that for the next 20 years, the Bakersfield District will have more than adequate water
supplies to meet the projected demands associated with the proposed Project, along
with existing customers and all other anticipated future users for normal, single dry year,
and multiple dry year conditions. The proposed Project would not alter the direction of
groundwater flow, nor result in the need to withdraw, change the rate of groundwater
flow, or affect its supply. Refer to Section 5.10, PUBLIC SERVICES AND UTILITIES, for
additional details.
Cumulative Impacts
5.12-4 THE PROPOSED PROJECT, IN COMBINATION WITH OTHER CUMULATIVE
PROJECTS, WOULD NOT RESULT IN INCREASED DEGRADATION OF
SURFACE WATER QUALITYAND FLOODING IMPACTS IN THE AREA.
Facts Supporting Findings
Cumulative effects related to hydrology resulting from implementation of the proposed
Project, along with development in the vicinity, may expose more persons and property
to potential water hazards, along with affecting the natural drainage of the area.
Cumulative development may also adversely affect downstream water quality, impacting
surface and groundwater supplies. The potential cumulative impact is mitigated through
required drainage studies to identify potential impacts, relationship to City and County
drainage master plans, and implementation of appropriate on-site and off-site drainage
improvements. Projects are also required to implement NPDES and BMP measures on
a project basis to reduce potential water quality impacts. In addition, projects may
require drainage improvements to be in compliance with the Metropolitan Bakersfield
General Plan and Municipal Code standards in addition to local and regional agency
requirements, as part of the discretionary review process. Compliance with local, state
and federal requirements would reduce impacts to less than significant levels.
URBAN DECAY
5.13-1 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT RESULT
IN AN OVERSUPPLY OF RETAIL SQUARE FOOTAGE, AND THEREFORE
WOULD NOT AFFECT THE VIABILITY OF EXISTING SHOPPING CENTERS
OR DISTRICTS.
JN 60-100320 26
December 2008
t
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B 1 K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Facts Supporting Findings
Based on the Urban Decay Study, the proposed Project would result in a net increase of
505,361 square feet of retail space. Residual market support for retail space in the Rio
Bravo Ranch Trade Area in 2010 is projected to be approximately 1.08 million square
feet. Thus, all of the proposed Project's assumed retail space (505,361 square feet)
would be fully supportable by 2010. By 2020, residual market support for retail space is
projected to reach approximately 2.08 million square feet, indicating that the proposed
Project - if the commercial-retail components were built out by 2020 -would absorb less
than 25% of the demand for new retail space over this time period. Based on these
findings, it is unlikely that the retail components of the proposed Project would result in
economic impacts to existing stores in the Trade Area, and it is therefore unlikely that
any existing retail stores will be forced to close due to the Project. Consistent with
Section 15126.4(a)(1)(D) of the CEQA Guidelines, no mitigation measures are required
as less than significant impacts are identified.
Cumulative Impacts
5.13-2 BUILDOUT OF THE PROPOSED PROJECT IN CONJUNCTION WITH
OTHER PLANNED, APPROVED, AND PENDING PROJECTS, WOULD NOT
CONTRIBUTE TO A PROJECTED OVERSUPPLY OF RETAIL SQUARE
FOOTAGE, AND WOULD NOT TRIGGER STORE CLOSURES AND LONG-
TERM VACANCIES AT NEARBY RETAIL ESTABLISHMENTS.
Facts Supporting Findings
By 2030, approximately 1.67 million square feet is planned to be built in the Rio Bravo
Ranch Trade Area. Demand for new retail space, as shown in Table 5.13-14, in 2030 is
projected to reach 3.18 million square feet. Thus, even after development of the listed
planned and pending projects, there would still be residual market support for an
additional 1.51 million square feet of retail space in the Trade Area. These projections
indicate that the planned and pending projects do not have the potential to represent a
significant cumulative impact to existing retail businesses. It should be noted, however,
that if all the planned/pending retail space were developed on more aggressive
development schedules, e.g., by 2015, the market would be slightly overbuilt in 2015. As
shown in Table 5.13-14, demand for new retail space by 2015 is projected to reach
approximately 1.59 million square feet. Any potential impacts to existing retailers would
only be temporary in nature, given the continued growth in the market and thus would
not be cumulatively significant. By 2020, demand for new retail space is projected to
reach approximately 2.08 million square feet, which would be enough to fully support the
potential retail space planned in the Trade Area. Further, a more likely cumulative
scenario is that infrastructure constraints and retail market conditions would result in a
more gradual buildout of planned retail development, such that the pace of retail
development would more closely follow the growth in retail demand. Under this scenario,
there is less potential for overbuilt conditions to occur, and consequently a reduced
potential for building vacancies and urban decay to follow. Impacts are considered less
than significant. Consistent with Section 15126.4(a)(1)(D) of the CEQA Guidelines, no
mitigation measures are required as less than significant impacts are identified.
It should be noted that the 1.02 million square feet of retail space planned for the City in
the Hills Project (a master-planned upscale community in the foothills of northeast
JN 60-100320 27 December 2008
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B A 1: E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/2C 06-1722
SCH No. 2007101060
Bakersfield), is the potential maximum amount of retail square feet allowed under the
specific zoning for the project site. The actual amount of square feet that will be
ultimately developed at buildout will depend on a number of factors, including, but not
limited to, market conditions and specific retailer interest in the project area. For
purposes of CEQA, this Urban Decay Study included the maximum amount of potential
square feet of planned/pending retail space, in order to err on the side of overestimating
rather than underestimating cumulative retail development in the Trade Area.
MINERAL RESOURCES
Mineral Resource Availability
5.14-1 PROJECT DEVELOPMENT WOULD NOT RESULT IN THE LOSS OF
AVAILABILITY OF A KNOWN MINERAL RESOURCE THAT WOULD BE OF
VALUE TO THE REGION AND THE RESIDENTS OF THE STATE.
Facts Supporting Findings
The dearth of oil shows in dry holes drilled within the Project site and in surrounding
sections indicated that commercial quantities of oil and/or natural gas are not likely to
underlie the proposed Project. Further drilling of wildcat prospect wells within the
boundaries of the proposed Project is not recommended. The analysis has shown that
implementation of the proposed Project would not result in the loss of availability of a
known mineral resource that would be of value to the region and the residents of the
state.
Mineral Resource Recovery Sites
5.14-2 IMPLEMENTATION OF THE PROJECT WOULD NOT RESULT IN THE LOSS
OF AVAILABILITY OF A LOCALLY IMPORTANT MINERAL RESOURCE
RECOVERY SITE.
Facts Supporting Findings
There is no property within the Project site that is contained within a Mineral Resources
Zone (MRZ). As previously mentioned above, a closed gravel pit is identified within
Section 12, south of the current office site on SR-178. Operations at this site ceased
after the mid-1950's because it became economically infeasible to operate. Therefore,
the Project will not result in the loss of availability of a locally important mineral resource
recovery site delineated on a local general plan, specific plan or other land use plan. No
impact will occur.
Cumulative Impacts
5.14-4 THE PROJECT, COMBINED WITH FUTURE DEVELOPMENT, MAY RESULT
IN THE CUMULATIVE LOSS OF MINERAL RESOURCES AND MINERAL
RESOURCE RECOVERY SITES THAT WOULD BE OF VALUE TO THE
REGION AND THE RESIDENTS OF THE STATE.
JN 60-100320 28 December 2008
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6 A l; E R 5 F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Facts Supporting Findings
VII
Cumulative impacts to mineral resources could occur if the cumulative projects would
result in the loss of oil or aggregate mineral resources. Some of the cumulative projects
may occur within or near existing oil fields, as well as sand and gravel mining operations.
However, where these resources have substantial remnant supplies, none of the
cumulative projects would preclude continued extraction or production of these
resources. Therefore, cumulative impacts would not result. Additionally, implementation
of the previous mitigation measures listed in Section 5.12.4 will reduce the mineral
resource availability and oil well abandonment impacts associated with the Project to
less than significant levels.
FINDINGS REGARDING EFFECTS DETERMINED TO BE MITIGATED TO LESS
THAN SIGNFICANT LEVELS
The City of Bakersfield, having reviewed and considered the information contained in the
Final EIR, Technical Appendices and the administrative record, finds, pursuant to
California Public Resources Code 21081 (a)(1) and CEQA Guidelines 15091 (a)(1), that
changes or alterations have been required in, or incorporated into, the proposed project
which would mitigate, avoid, or substantially lessen to below a level of significance the
following potentially significant environmental effects identified in the Final EIR in the
following categories: Land Use and Relevant Planning, Mineral Resources, Agricultural
Resources, Public Health and Safety, Aesthetics, Light and Glare, Traffic and
Circulation, Noise, Air Quality, Biological Resources, Cultural Resources, Geologic
Resources, Public Services and Utilities, and Hydrology and Water Quality.
The potentially significant adverse environmental impacts that can be mitigated are listed
below. The City of Bakersfield finds that these potentially significant adverse impacts
can be mitigated to a level that is considered less than significant after implementation of
mitigation measures identified of the Final EIR.
LAND USE AND RELEVANT PLANNING
Short-Term Impacts (Construction)
5.1-1 CONSTRUCTION OF THE PROPOSED PROJECT MAY TEMPORARILY
RESULT IN INCREASED AMOUNTS OF LOCAL AIRBORNE AND
PARTICULATE MATTER, AS WELL AS AN INCREASE IN TRAFFIC
CONGESTING, NOISE LEVELS, ADVERSE VISUAL IMPACTS AND
RELATED EFFECTS, THEREBY CAUSING SHORT-TERM CONSTRUCTION-
RELATED IMPACTS TO SURROUNDING USES, OR BETWEEN
DEVELOPMENT PHASES OF THE PROPOSED PROJECT AND
CONSTRUCTION OF LATER PHASES.
Facts Supporting Finding
Project construction-related activities would primarily affect immediate uses surrounding
the Project site or developed areas of the Project from construction of later phases.
Dust generation due to typical construction and grading activities can be anticipated to
temporarily increase local airborne and particulate matter. However, construction-
related dust is more of a nuisance than a serious health threat, and would be offset
JN 60-100320 29 December 2008
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B A is E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
through standard construction practices (refer to Section 5.7, AIR QUALITY).
Construction equipment and staging areas may be unsightly for adjacent residents and
motorists, although vehicle staging and materials stockpiling will be removed as far as
practicable from adjacent residences. Construction activities will also temporarily
increase noise due to on-site construction activities. However, these impacts would be
short-term in nature and are not expected to continue after build-out of the proposed
Project. In addition, prior to construction, the Project Applicant or contractor will be
required to submit a construction Traffic Management Plan (TMP), which will include
restrictions on routes for construction traffic, as well as construction traffic safety
measures. Specific impact discussion and mitigation related to air quality, noise, and
traffic interruption are discussed in the appropriate sections of this EIR.
Mitigation Measure 5.1-1 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.1-1 Refer to mitigation measures in Section 5.4, AESTHETICS, LIGHT AND
GLARE, Section 5.5, TRAFFIC AND CIRCULATION, Section 5.6, NOISE,
and Section 5.7, AIR QUALITY.
AGRICULTURAL RESOURCES
Loss of Agricultural Land
5.2-1 DEVELOPMENT OF THE PROPOSED PROJECT WOULD CONVERT PRIME
FARMLAND TO NONAGRICULTURAL USES.
Facts Supporting Finding
The General Plan states that conversion of prime agricultural lands to urban uses will
result in a reduction of the regional agricultural economy and is considered a significant
adverse impact. A statement of overriding considerations for this impact was adopted by
the City when the General Plan was certified. Implementation of the proposed Project
would result in a significant impact from the conversion of approximately 674 acres of
prime farmland, however, the Project Applicant will voluntarily participate in agricultural
mitigation programs to off-set the loss of 674 acres of prime farmland.
The Farmland Conversion Study utilized the California Agricultural LESA model to aid in
determining the significance of the proposed Project's conversion of agricultural lands.
The California Agricultural LESA model is designed to make determinations of the
potential significance of a project's conversion of agricultural lands. Scoring thresholds
are based upon both the total LESA score and the component LE and SA separate sub
scores. In this manner the scoring thresholds are dependent upon the attainment of a
minimum score for the LE and SA sub scores so that a single threshold is not the result
of heavily skewed sub scores (i.e., a site with a very high LE score but a very low SA
score, or vice-versa). The total LESA score is 47. According to the California
Agricultural LESA Model Threshold of Significance, the LE sub score is 28 points, and
the SA sub score is 19 points. The LESA Model Scoring Thresholds indicate the subject
property would be considered an insignificant environmental impact. However, the
General Plan states that conversion of prime agricultural lands to urban uses will result
in a reduction of the regional agricultural economy and is considered a significant
adverse impact.
JN 60-100320 30 December 2008
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9 A A E R S f I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
It is assumed that future development in the General Plan Planning Area would continue
to include "prime" agricultural soils that exist on the Valley floor. This loss has not limited
itself to the City of Bakersfield and Kern County but has become an issue of statewide
concern. The General Plan concludes that conversion of prime agricultural lands to
urban uses will result in a reduction of the regional agricultural economy and is
considered to be a significant adverse impact. A statement of overriding considerations
for this impact was adopted when the General Plan was certified. However, with
implementation of Mitigation Measure 5.2-1, the impact resulting from the conversion of
farmland to non-agricultural uses is not considered significant.
Mitigation Measure 5.2-1 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.2-1 Prior to issuance of a grading or building permit on a project by project basis, the
developer shall provide written evidence of completion of one or more of the
following measures to mitigate the loss of agricultural land at a ratio of 1:1 for net
acreage before conversion. Net acreage is to be calculated based on the
exclusion of existing roads and areas already developed with structures. A plot
plan shall be submitted substantiating the net acreage calculation along with
written evidence of compliance, funding and/or purchase of agricultural
conservation easements. Such easements shall be accepted or purchased and
monitored and enforced by a land trust or another appropriate entity. Funds may
be used for easement purchases, ongoing monitoring and enforcement,
transaction costs, and reasonable administrative costs as listed below:
a) A recorded irrevocable conservation easement on qualifying agricultural land
within the San Joaquin Valley.
b) Contribution of agricultural land or equivalent funding to an organization that
provides for the preservation of farmland in California. Funds may be used for
purchases, ongoing monitoring and enforcement, transaction costs, and
reasonable administrative costs.
c) Purchase of credits from an established agricultural farmland mitigation bank
approved by applicable government authority.
d) During the life of the project, if the City of Bakersfield or other responsible
agency adopts an agricultural land mitigation program that provides equal or
more effective mitigation than measures listed above, the applicant may
choose to participate in that alternate program to mitigate the loss of
agricultural land impacts. Prior to participation in the alternate program, the
applicant shall obtain written approval from the City of Bakersfield agreeing to
the participation, and the applicant shall submit written verification of
compliance with the alternate program at the same time described above in
the first paragraph.
Mitigation land shall meet the definition of prime farmland or farmland of
statewide importance established by the State Department of Conservation.
Completion of the selected mitigation measure, or with the Planning Director's
approval, a combination of the selected mitigation measures, can be on
qualifying agricultural land within the San Joaquin Valley (San Joaquin,
JN 60-100320 31 December 2008
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0 A 1: E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Stanislaus, Merced, Fresno, Madera, Kings, Tulare, Kern), or outside the San
Joaquin Valley with written evidence that the same or equivalent crops can be
produced on the mitigation land.
Conflicts Between Proposed Urban Uses and Agricultural Activities
5.2-3 AS PHASES OF THE PROPOSED PROJECT ARE DEVELOPED, FUTURE
RESIDENTS MAY BE IMPACTED BY ADJACENT FARMING ACTIVITIES,
WHICH MAY INCLUDE NOISE ASSOCIATED WITH HARVESTING,
BLOWING DUST AND PESTICIDE APPLICATIONS.
Facts Supporting Finding
Phasing of development within the boundaries of the proposed Project would not
eliminate the use of pesticides on adjacent agricultural lands, should they remain in
agricultural production. When pesticides are used, the application is required by law to
be confined to the target and to avoid contamination of nontargeted property (California
Food and Agricultural Code §11501, 3 CCR 600, 6614). The Kern County Agricultural
Commission enforces these pesticide control laws by issuing permits and responding to
allegations of exposure to fugitive pesticides and resulting injuries. If a violation is found,
the Agricultural Commissioner can cite the violator, levy a civil penalty, or revoke a
pesticide use permit. For additional discussion regarding the use of pesticides, refer to
Section 5.3, PUBLIC HEALTH AND SAFETY.
Mitigation Measure 5.2-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.2-3 Prior to occupancy of any residential units, if the adjoining properties are still
in agricultural uses and have not received entitlements for development, then
prior to issuance of certificates of use and occupancy, the Project Applicant
shall record a covenant on all lots within 300 feet of agricultural uses. The
covenant shall provide notice that each resident is moving into an area
located close to agricultural lands or within agricultural lands, and they may
be subject to inconveniences or discomfort arising from agricultural
operations. Such discomfort or inconveniences may include, but are not
limited to noise, odors, dust, smoke, insects, operation of machinery during
any 24-hour period, aircraft operation, storage and disposal of manure, and
the application by spraying or other means of agricultural chemicals, such as
pesticides and fertilizers. One or more of the inconveniences described
above may occur even in the case of an agricultural operation, which is in
conformance with existing laws and regulations and locally accepted customs
and standards.
PUBLIC HEALTH AND SAFETY
Short-Term Impacts (Construction)
5.3-1 PROJECT CONSTRUCTION ACTIVITIES HAVE THE POTENTIAL TO
ENCOUNTER KNOWN HAZARDOUS MATERIALS OR WASTES.
JN 60-100320
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December 2008:
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E A 1: E R S F I E L D
Facts Supporting Finding
Aboveground Storage Tanks (AST) and Stationary Engines
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Diesel aboveground storage tanks with approximate capacities of 2,500-gallon
capacities set within concrete secondary containment structures were observed at the
following locations:
• On the southeast side of SR-178 at the irrigation reservoir located in the SE/4 of
Section 1;
• On the northwest side of SR-178 at the irrigation reservoir located west of Rancheria
Road near the center of Section 11.
Twin diesel engines situated at each reservoir location are utilized to pump irrigation
water with mixes of liquid fertilizers to the orchards and vineyards on the Rio Bravo
Ranch. Adjacent to the diesel tanks are translucent polyethylene tanks absent
secondary containment. They are labeled to indicate separate contents of sulfuric acid
and nitrogen compounds. Two banks of stainless-steel fertilizer mixing vessels (six
vessels per bank, and one bank per engine) were also observed at the reservoirs. None
of the tanks or vessels observed appeared to be leaking or to have leaked in the recent
past. The diesel ASTs and stationary engines are used strictly for agricultural purposes,
and the ASTs are reportedly exempt from permitting requirements.
Underground Storage Tanks (USTs)
The search of Federal, State and local agency's environmental records found records for
underground storage tanks (USTs) that had been located at the on-site addresses
15701 State Highway178, the Rio Bravo Ranch Hydroelectric Plant at State Highway
178, or elsewhere on the subject site.
Three 12,000-gallon gasoline USTs and one 12,000-gallon-capacity diesel UST are
reported at the Cottonwood Creek Market (15701 State Highway 178). The Cottonwood
Creek Market no longer occupies the subject site; it has been replaced by the Rio Bravo
Ranch and Nickel Family LLC offices. A copy of the City of Bakersfield closure letter
was provided by Nickel Family LLC for the four 12,000-gallon USTs removed under
Permit No. BR-0001. The closure letter was prepared following approval of the
preliminary soil sampling assessment and is dated October 11, 1991.
The Rio Bravo Ranch (along Rancheria Road) is reported in available environmental
records. One 550-gallon regular unleaded gasoline UST was listed with its State Water
Resources Control Board ID number 015-021-059297-000001. The dates of action
provided were July 1, 1985, September 30, 1989, and February 20, 1992; however, no
specific actions or any other details were provided for these dates. An on-site UST
absent a permit had been located near the equestrian center that was removed without
oversight from any authority. The UST existed at the time the Rio Bravo Ranch was
purchased, and it was believed to have been removed circa 1975-1979. This is probably
the reported 550-gallon UST described in the Environmental Data Registry report.
JN 60-100320 33 December 2008
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6 ,1 A E R S P I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Water Wells
In Township 29 South, Range 29 East, irrigation well Rio Bravo Ranch No. 1 is located
on the southeast side of SR-178 within the SW/4 of the SE/4 of Section 1. Rio Bravo
Ranch No. 2 is located on the south side of the Kern River in the SE/4 of the NE/4 of
Section 1, respectively. An abandoned well, Cottonwood Creek No. 5, is approximately
located in the streambed or on the east bank of Cottonwood Creek within the SE/4 of the
NW/4 of Section 12. The well was completed in 1974 and its total depth is just 95 feet
bgs; it has reportedly long been dry. Although it was completed with 8.625-inch casing, it
could not be located during field reconnaissance activities. If the well is located within
the development boundary, it will require closure in accordance with the requirements of
the California Department of Water Resources and the Kern County Department of
Environmental Health Services.
A fourth historic well, Canyon Ranch No. 1, was completed in 1965 and was drilled on
the present grounds of the offsite halfway house located in APN 397-020-32. This well
is not likely to impact development in APN 397-020-03. The active wells are not
considered to be subjects of recognized environmental conditions requiring mitigation.
Well destruction will not be necessary if they are to be continually utilized for irrigation
purposes.
Septic Systems
Based on interviews conducted, approximately five reported septic tanks are located on-
site. One additional septic tank may be located at an unspecified location on-site as
well. The Rio Bravo Ranch office located at 15701 SR-178, the employee house located
at 15725 State Highway 178, the River House located in Section 11, and the equestrian
center also located in Section 11, are connected to individual septic systems. Removal
of existing septic tanks shall be in accordance with the California Department of Public
Health and Kern County Department of Environmental Health Services standards. Refer
to Mitigation Measure 5.3-1 h.
On-Site Structures
The on-site River House is the original residence site of the Rio Bravo Ranch, dating
back to 1890. Additional structures exist on-site that could potentially contain asbestos
or lead based paint.
Transite Pipe
It is possible that asbestos-containing materials could be present in subsurface concrete
irrigation (transite) pipe on the site. If transite pipe is located on the site, the San Joaquin
Valley Air Pollution Control District will be contacted for proper disposal procedures and
requirements. Transite pipe at the site would then be removed and properly disposed,
but it is considered to be a less than significant impact.
Electrical Transformers and Reclosers
Seventeen pole-mounted transformer locations and two pole-mounted recloser locations
were observed on the proposed Project site. The pole-mounted transformers and
reclosers were observed to be in good to excellent condition with no apparent corrosion.
JN 60-100320 34 December 2008
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B A A E R 5 P I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
The ground surface below each single pole-mounted transformer, multiple pole-mounted
transformers, or the pole-mounted reclosers displayed no evidence of discoloration.
The Pacific Gas and Electric Company (PG&E) is the owner of the transformers. The
company's transformer database, compiled circa 1990, does not indicate whether
polychlorinated biphenyls (PCBs) are present in the electrolytic fluids of older
transformers, especially those installed prior to 1990. However, pole-mounted
transformers installed subsequent to 1990 likely do not contain polychlorinated biphenyl
(PCB) insulating fluids. Pole-mounted transformers and reclosers labeled with a blue
"non-PCB" sticker do not contain PCB fluids.
It is unknown if any of the older transformers contain PCB fluids. The oldest pole-
mounted transformers are PMT-6, located at river pump system PS-3 in Section 11, and
PMT-12, located at water well Rio Bravo Ranch No. 2 in Section 1. They were installed
in 1977. Based on the visual absence of apparent unauthorized releases of insulating
fluids from the on-site transformers, the on-site transformers are not currently anticipated
to pose an adverse environmental condition.
Hazardous Air Pollutants
There were no releases of hazardous air pollutants within the proposed Project's vicinity
per a Toxics Release Inventory. The U.S. EPA has posted a database that is available
on the Internet containing information on toxic chemical releases. Records were further
searched online at the Community Health Air Pollution Information System (CHAPIS) of
the California Air Resources Board, (GARB). The CHAPIS website depicted no mapped
locations situated within one mile of the proposed Project site.
Based on the site inspection and records search, areas of environmental concern with
respect to hazardous materials and wastes were identified that may compromise
construction or acquisition of construction easements. Implementation of mitigation
measures listed below would reduce these impacts to less than significant levels.
Mitigation Measures 5.3-1(a-k) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
Aboveground Storage Tanks and Stationary Engines /Drums and Containers
5.3-1 a Prior to issuance of grading permits, any aboveground storage tanks (ASTs) on
the permitted property shall be removed and transported offsite to the Rio
Bravo Ranch maintenance facility located on the north side of the Kern River in
the SW/4 of Section 2, Township 29 South, Range 29 East. Final disposition of
the individual ASTs and diesel engines may be determined at the discretion of
Nickel Family LLC. Removal, transport, and/or disposal of all ASTs shall be
conducted in accordance with state and federal requirements. Any AST
removal shall be under a permit from the Bakersfield Fire Department. The
removal contractor shall contact the Bakersfield Fire Department at (661) 326-
3979 to apply for these permits. If the cradlemounted, propane ASTs located
at the River House in Section 11 and River's End Rafting in Section 12 are not
to be used at their present locations, they shall be similarly removed.
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
5.3-1 b Once any AST's are removed, a visual inspection of the areas beneath the
removed engines and ASTs shall be performed. Any stained soils observed
underneath the removed materials shall be sampled, prior to the approval of
final tentative tract maps and grading approval. The results of any necessary
sampling activities would indicate the levels of remediation efforts that may be
required.
5.3-1 c Prior to issuance of grading permits, on-site drums and fluid containers shall be
similarly removed to the offsite Rio Bravo Ranch maintenance facility or
properly disposed at an approved landfill. Once removed, a visual inspection of
the areas beneath the removed engines and ASTs should be performed. Any
stained soils observed underneath the removed materials should be sampled,
prior to the approval of final tentative tract maps and grading approval. The
results of any necessary sampling activities would indicate the levels of
remediation efforts that may be required.
Abandoned Prospect Wells
5.3-1 d Prior to the recordation of any final map affected, the Project contractor shall
coordinate with the Division of Oil, Gas, and Geothermal Resources to verify
that existing abandoned wells meet current closure requirements. Should
abandonment or reabandonment be required, appropriate closure activities
shall be completed under consultation with the Division of Oil, Gas, and
Geothermal Resources. Verification of adequate abandonment or
reabandonment shall be provided to the Planning Director prior to the
recordation of any final map affected.
Underground Storage Tanks (USTs)
5.3-1 a Should any physical evidence of a UST be exposed or identified during grading
operations, the Bakersfield Fire Department, Prevention Services Division shall
be contacted to determine if a UST removal permit is required and subsequent
closure requirements. Soil samples from the UST area shall be collected by a
qualified Phase II-III specialist, and submitted to aState-certified laboratory for
gasoline and volatile organics, diesel, and total lead analyses.
Water Wells
5.3-1f Prior to issuance of grading permits, if water well Cottonwood Creek No. 5 is
determined to be on-site, it shall be destroyed in accordance with the
requirements of the California Department of Water Resources and the Kern
County Department of Environmental Health Services, prior to development
within the SE/4 of the NW/4 of Section 12.
5.3-1 g If irrigation wells Rio Bravo Ranch No. 1 and No. 2 are not to be utilized prior to
issuance of grading permits, the wells shall be appropriately closed in
accordance with the requirements of the California Department of Water
Resources and the Kern County Department of Environmental Health Services
prior to development.
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e a K E R S F 1 E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
SeptlC SYStemS
5.3-1 h When new sewer systems are installed by the City of Bakersfield Public Works
Department, the existing septic systems shall be destroyed in accordance with
the requirements and guidelines of the Kern County Department of
Environmental Health Services.
On-Site Structures
5.3-1 i Prior to issuance of a demolition permit, the interiors of individual structures
within the proposed Project that would be demolished or renovated shall be
visually inspected prior to demolition or renovation activities. Should hazardous
materials be encountered within any on-site structure, the materials shall be
tested and properly disposed in accordance with State and Federal regulatory
requirements. Any stained soils or surfaces found to underlie the removed
materials shall be sampled. The National Emissions Standards for Hazardous
Air Pollutants (NESHAP) mandates that building owners conduct an asbestos
survey to determine the presence of asbestos-containing materials (AGMs)
prior to the commencement of any remedial work, including demolition.
5.3-1j Due to the age of on-site structures (if constructed prior to 1978), AGMs may
be present. Prior to issuance of a demolition permit, areas of potential AGMs
shall be sampled as part of an asbestos survey for any on-site structures
constructed prior to 1978. Any demolition of existing buildings shall comply with
State law, which requires a contractor, where there is asbestos-related work
involving 100 square feet of more of AGMs, to be certified and that certain
procedures regarding the removal of asbestos be followed.
5.3-1 k Due to the age of on-site structures (if constructed prior to 1978), lead-based
paints (LBPs) may be present. If during demolition of the structures
(constructed prior to 1978), paint is separated from the building material (e.g.,
chemically or physically), the paint waste shall be evaluated independently
from the building material to determine its proper management. According to
the Department of Toxic Substances Control, if paint is not removed from the
building material during demolition (and is not observed to be chipping or
peeling), the material shall be disposed of as construction debris (a
nonhazardous waste). It is recommended that the landfill operator be contacted
in advance to determine any specific requirements regarding the disposal of
lead-based paint materials.
Accidental Releases
5.3-2 PROJECT CONSTRUCTION ACTIVITIES HAVE THE POTENTIAL TO
CREATE A SIGNIFICANT HAZARD TO THE PUBLIC THROUGH
FORESEEABLE UPSET AND ACCIDENTAL CONDITIONS.
Facts Supporting Finding
The accidental release of hazardous substances, such as spilling petroleum-based fuels
used for construction equipment, may occur. The level of risk associated with the
accidental release of hazardous substances is considered significant due to the volumes
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B A is E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPAIZC 06-1722
SCH No. 2007101060
and concentrations of hazardous materials present on-site and utilized during
construction. The Project contractor will be required to use standard construction
controls and safety procedures that would avoid and minimize the potential for
accidental release of such substances (petroleum based fuels) into the environment.
The contaminated soil will be required to be remediated to a level considered non-
hazardous. Standard construction practices would be observed such that any materials
released would be appropriately contained and remediated as required by local, State,
and Federal law.
Mitigation Measure 5.3-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-2 If during grading and construction a pipeline accident occurs, potential unknown
buried hazardous materials are found, and/or if unidentified materials are
discovered in the prescribed soil testing, health and safety procedures shall be
implemented immediately by the Contractor. Procedures shall include, at a
minimum, emergency medical treatment, evacuation of the site and/or
threatened area, and notification action. Notification shall be determined by the
appropriate agency which may include but not be limited to the following
agencies: Kern County Department of Environmental Health Services, Kern
County Fire Department, City of Bakersfield Fire Department, San Joaquin
Valley Unified Air Pollution Control District, and the California Regional Water
Quality Control Board. Evaluation and determination regarding the type of
contamination encountered and best course of action would be determined by
the ranking official and any required remediation measures shall be
implemented. All work would stop immediately if any unknown soil or other
hazardous materials concerns arise during any part of the testing, grading, or
construction on the proposed Project site.
Oil Production Facilities
5.3-3 SEVERAL ABANDONED DRY HOLES DRILLED ON THE PROPOSED
PROJECT SITE ARE LOCATED WITHIN AND ADJACENT TO THE SITE'S
BOUNDARY; THEREFORE, HEALTH AND SAFETY RISKS ARE PRESENT.
Facts Supporting Finding
Although no oil or gas was noted in any of the abandoned dry holes drilled on-site, the
abandoned dry holes are considered to present a significant on-site public health and
safety hazard. Future on-site development and grading activities would require that the
wells be exposed and abandoned status reexamined. Public Resources Code §3208.1
authorizes the State Oil and Gas Supervisor to order the reabandonment of a previously
abandoned well when construction of any structure over or in the proximity of the well
could result in a hazard. DOGGR must be notified to investigate the condition of the
wellheads and check for leakage. If any abandonment or reabandonment is required,
DOGGR would furnish the necessary closure specifications. Adherence to closure
requirements would serve to reduce impacts to less than significant levels.
Mitigation Measure 5.3-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-3 Refer to Mitigation Measure 5.3-1d, above.
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i~~~----_----... Rio Bravo Ranch Project
B A K E R S P I E L D GPA/ZC 06-1722
SCH No. 2007101060
Agricultural Use of Property/Adjacent Properties
5.3-4 DUE TO THE HISTORIC USE OF THE SITE FOR AGRICULTURAL
PURPOSES, THERE IS A POTENTIAL FOR PESTICIDE RESIDUES
(INCLUDING DDT) TO BE PRESENT IN THE SHALLOW SOIL.
Facts Supporting Finding
Many years of on-site agricultural activity included the application of pesticides,
herbicides and associated metals. Therefore, pesticides, herbicides and associated
metals may be present in near-surface soils at residual concentrations. The Kern
County Agricultural Commissioner's Office issues annual Restricted Materials Permit No.
1502852 to Nickel Family LLC and monitors the applications of agricultural chemicals.
The predominant crops historically grown on-site have been oranges, almonds, and
grapes. No pesticides and herbicide mixture or storage areas are located on-site.
While there is no requirement that agricultural soil associated with the historic
agricultural uses within the eastern portion of the proposed Project site be tested prior to
development, many developers and lenders throughout the United States require that
sites proposed for construction undergo a chemical evaluation of environmental soil
conditions. The developer has the option to pursue additional environmental review (i.e.,
a limited Phase II soil sampling investigation) to determine the absence or presence of
pesticide residues, and, if present, how these soils should be handled (i.e., a risk-based
soils assessment). Although not required, Mitigation Measure 5.3-4 has been provided
to ensure potentially impacted soils are sampled and treated in accordance with State
and Federal requirements.
Mitigation Measure 5.3-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-4 Prior to issuance of any grading permit, the Project Applicant shall perform soil
tests to determine concentrations of pesticide and fungicide residues that may
be present within the proposed Project. Should contamination levels be in
excess of acceptable Federal, State, and/or County levels, the Project
Applicant shall identify and implement remedial action (subject to approval by
the City of Bakersfield and responsible regulatory agencies), to reduce
contaminants to acceptable levels.
Hazardous Materials Users/Facilities
5.3-6 THE POTENTIAL EXISTS FOR POLYCHLORINATED BIPHENYLS (PCBs)
TO EXIST IN THE ELECTROLYTIC FLUIDS OF PG&E-OWNED
TRANSFORMERS.
Facts Supporting Finding
Nineteen pole-mounted transformers and two pole-mounted recloser locations are
located on-site. The pole-mounted transformers and reclosers are in good to excellent
condition with no apparent corrosion. The ground surface below each single pole-
mounted transformer, multiple pole-mounted transformers, or the pole-mounted
reclosers displayed no evidence of discoloration. PG&E is the owner of the
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
transformers. It is unknown if any of the older transformers contain PCB fluids. The
oldest pole-mounted transformers are PMT-6, located at River Pump System PS-3 in
Section 11, and PMT-12, located at water well Rio Bravo Ranch No. 2 in Section 1. They
were installed in 1977. Based on the absence of apparent unauthorized releases of
insulating fluids from the transformers, these facilities are not currently anticipated to
pose an adverse environmental condition. Measures are provided below to ensure
PG&E is contacted to coordinate any removal or relocation of existing transformers prior
to site development.
Mitigation Measure 5.3-6 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-6 Prior to recordation of a final tract map, PG&E shall be contacted regarding the
disposition of the pole-mounted transformers (PMTs) and pole-mounted
reclosers (PMRs) that are located on-site. In the event of a future release or
leak of insulating fluids from any of the on-site PMTs or PMRs, PGBE shall be
contacted for their removal or replacement.
Valley Fever
5.3-11 GRADING WITHIN THE BOUNDARY OF THE PROPOSED PROJECT MAY
LEAD TO THE RELEASE OF FUGITIVE DUST AND SPORES CAUSING
VALLEY FEVER.
Facts Supporting Finding
If Valley Fever spores occur within the boundaries of the proposed Project, with the
absence of mitigation, there is potential for the infection of construction workers and
surrounding residents, as well as within the Project area. Any future development would
be required to implement mitigation measures designed to reduce the amount of fugitive
dust during grading activities would reduce the likelihood of Valley Fever to a less than
significant level (refer to Section 5.7, AIR QUALITY). The long-term covering of portions
of the proposed Project with landscaping material and/or with impervious roadway
surfaces would reduce the long-term potential release of Valley Fever spores to a less
than significant level.
Mitigation Measures 5.3-11(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.3-11a Refer to Section 5.7, AIR QUALITY, regarding fugitive dust mitigation
measures.
5.3-11b Pursuant to SJVAPCD Regulation VIII-Fugitive PM,o Prohibitions, all areas with
bare soil exposed as a result of Project earthwork activities shall be landscaped
at the earliest time possible or stabilized by watering when winds exceed 20
miles per hour (mph) in order to reduce the potential inhalation of spores
causing Valley Fever.
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B A K E R S f 1 E L D
AESTHETICS, LIGHT, AND GLARE
Short-Term Aesthetic Impacts (Construction)
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
5.4-1 GRADING AND CONSTRUCTION OF INDIVIDUAL PHASES WOULD
TEMPORARILY ALTER THE VISUAL APPEARANCE OF THE PROPOSED
PROJECT AREA.
Facts Supporting Finding
The development of the proposed Project would have short-term impacts as a result of
demolition, construction debris, and construction-related activities. Traffic from
construction equipment and associated heavy trucks would also adversely impact views
of and across the Project site. Construction-related debris would be visible from
travelers along SR-178 as well as adjacent residents and recreational users.
Scenic Resources
Construction-related impacts would temporarily alter existing views within the designated
scenic viewsheds and scenic vantage points, as well as along the Kern River corridor.
All grading and earthwork activities would be conducted in accordance with an approved
construction grading plan and grading permit issued by the Building Director. However,
Project implementation would change the existing views to and along designated scenic
resources. Thus, impacts in this regard would remain significant and unavoidable after
mitigation.
The proposed Project would not impact designated scenic views from highways, as
these views do not include the Project site; refer to Figure 5.4-1 for an illustration of
designated scenic views from highways located to the west of the Project site.
Degradation of Existing Character/Quality
Depending upon the location of the site, construction activities would be visible from
residential and non-residential uses within and adjacent to the proposed Project.
Construction activities may also be visible from travelers along highways and local
streets within and adjacent to the proposed Project.
With the implementation of standard conditions of approval, grading plans would be
required to be submitted to the Planning Director concurrently with development plans,
and would be subject to approval through the design review process set forth by the
Planning Commission. All grading and earthwork activities would be conducted in
accordance with an approved construction grading plan and grading permit issued by
the Building Director.
Viewers located above-grade (residents to the north and southwest) would have
unobstructed views of construction activities regardless of fencing. All new development
projects would be subject to additional environmental and design review on a site-
specific, project-by-project basis to ensure that the short-term visual impacts from
construction are limited to the extent possible. In addition, construction activities would
be required to be consistent with the Municipal Code requirements and conditions of
approval.
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Short-term visual impacts to adjacent residents may occur from views of trucks haling
construction materials along the highway and local roadways. In conclusion, construction
impacts associated with the short-term degradation of character/quality in the proposed
Project would be short-term in duration and would cease upon completion.
Licht and Glare
Short-term light and glare impacts associated with construction activities would likely be
limited to nighttime lighting (for security purposes) in the evening/nighttime hours. With
respect to construction and building, Section 9.22.050 (Noise during construction) of the
Bakersfield Municipal Code limits demolition/grading/construction operations on
weekdays between the hours of 6:00 AM and 9:00 PM, and on weekends between 8:00
AM and 9:00 PM. As construction activities would be limited by the noise ordinance, it is
anticipated that construction-related light and glare impacts would be inherently limited
to this time as well. With implementation of Mitigation Measure 5.4-1, all future
construction-related lighting would be located and aimed away from adjacent residential
areas and consist of the minimal wattage necessary to provide safety at the construction
site. A construction safety lighting plan would be submitted to the Planning Director on a
project-by-project basis for review concurrent with Grading Permit application.
Overall, although construction activities could potentially be occurring over several years
within the proposed Project, construction would occur at various sites throughout the
area. Thus, construction at one specific location would be short-term and construction-
related impacts would cease upon Project completion. All new development projects
would be subject to additional environmental and design review on asite-specific,
project-by-project basis to ensure visual aesthetic impacts are limited to the extent
possible. In addition, construction activities would be required to be consistent with the
Municipal Code requirements and conditions of approval, as well as Mitigation Measure
5.4-1.
Mitigation Measure 5.4-1 of the Final EIR would reduce impacts. However, although
these impacts would be reduced, the resultant short-term visual impacts to designated
scenic resources would remain significant and unavoidable after implementation of
Mitigation Measure 5.4-1. The measure is as follows:
5.4-1 With submittal of a grading plan for each development phase, the developer
shall provide the location of on-site temporary construction equipment staging
areas. Appropriate screening (e.g., temporary opaque fencing [six feet in
height]) shall be used to buffer views of construction equipment materials,
where feasible. All construction activities shall be consistent will the Bakersfield
Municipal Code requirements and conditions of approval. Staging locations
shall be indicated on final grading plans and be reviewed and approved by the
Planning Director.
Long-Term Character/Quality Impacts
5.4-3 PROJECT IMPLEMENTATION WOULD PERMANENTLY ALTER VIEWS OF
AND ACROSS THE PROPOSED PROJECT SITE, THUS POTENTIALLY
DEGRADING THE CHARACTER/QUALITY OF THE AREA.
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B A is E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Facts Supporting Finding
The existing Project site is characterized as a rural/open space landscape. Views of the
agricultural fields and open space on-site are available to motorists along SR-178 and
Rancheria Road, as well as existing rural residences to the north and southwest of the
Project site. Upon proposed Project implementation, the existing character/quality of the
Project area would be altered. However, significant views of the off-site foothills and
Greenhorn Mountains would remain. Additionally, implementation of the proposed
Project would allow for open space land uses within the Project area and along the Kern
River corridor.
Mitigation Measures 5.4-3(a-b) of the Final EIR reduces impacts below a level of
significance. The measures are as follows:
5.4-3a With submittal of a tentative tract map and consistent with the City's design
review by the Planning Director, all public signage throughout the proposed
Project shall be designed to have consistency in fixture type, lettering, colors,
symbols, and logos which would promote a distinctive image for the Project
area. Public signage shall identify principal entries to the northeast district as
well as proposed neighborhoods and other locations within the Project site.
5.4-3b All proposed commercial uses shall include landscaped street frontages, in
accordance with the City's Municipal Code.
Light and Glare Impacts
5.4-4 THE PROPOSED PROJECT WOULD GENERATE ADDITIONAL LIGHT AND
GLARE BEYOND EXISTING CONDITIONS FROM THE EXISTING RURAL
RESIDENCE, THE HYDROELECTRIC FACILITY, AND VEHICULAR
TRAFFIC.
Facts Supporting Finding
Implementation of the proposed Project would convert the Project area to a suburban,
built environment, resulting in the introduction and generation of light and glare. The
City requires that streetlights be installed at intersections and (when streets are longer
than 600 feet in length) at midblock. The proposed Project may create light and glare
impacts on off-site uses and introduce new sources of lighting into the Project area.
These sources include streetlights and interior building lighting (from residential and
commercial areas). If this lighting is not adequately directed toward its intended use, it
may cause spill-over and cause glare that would present a nuisance to surrounding
uses. Additionally, excessive light spill-over may act as a deterrent to wildlife in sensitive
habitat areas during evening hours, and may present a nuisance or potential safety
hazard by distracting motorists. Additionally, exterior lighting would be implemented
pursuant to standards and specifications contained in the Bakersfield Municipal Code
Section 13.12.030 (B), Subdivision Design Manual, and other applicable standard
manuals referenced under Section 13.12.030 (B). These sections include minimization
measures for outside lighting to utilize low-pressure sodium lighting and/or the
requirement for lighting to be shielded and filtered according to wattage and lamp type.
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B A A E R 5 P I H L O
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Mitigation Measure 5.4-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.4-4 During the installation of lighting standards the applicant shall ensure that any
exterior lighting does not spill over onto the adjacent uses. All exterior light
fixtures, including street lighting, shall be shielded or directed away from
adjoining uses, pursuant to all applicable lighting standards and requirements
of the City of Bakersfield Municipal Code and Zoning Code.
TRAFFIC AND CIRCULATION
Short-Term Impacts (Construction)
5.5-1 PROJECT-RELATED CONSTRUCTION ACTIVITIES WOULD RESULT IN
TEMPORARY CIRCULATION IMPACTS ON NEARBY RESIDENTS,
PEDESTRIANS, BICYCLISTS, AND POTENTIAL TRAFFIC CONGESTION.
Facts Supporting Finding
Anticipated construction-related traffic and circulation impacts would be considered a
temporary nuisance that would cease upon completion of Project construction.
Preparation of a detailed Traffic Management Plan (TMP) would be required prior to
construction of the proposed Project. The TMP would delineate all road closures,
provisions to maintain access to adjacent residential properties at all times, prior notices,
adequate sign-postings, detours, provisions for pedestrian and bicycle transportation,
and permitted hours of construction activity. Proper detours and warning signs would be
established along the Project perimeter to ensure public safety. The TMP shall be
devised so that construction would not interfere with emergency response or evacuation
plans. With implementation of the TMP and mitigation measures, less than significant
impacts are anticipated in this regard.
Mitigation Measure 5.5-1 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.5-1 Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be
submitted for review and approval to the City of Bakersfield Public Works
Department. Such plan shall consist of prior notices, adequate sign posting,
detours (including for pedestrians and bicyclists), proper lighting (where
appropriate), fencing and shielding, proper storage of equipment and supplies,
and covering loose piles of soil or other earthen material. The TMP shall
specify implementation timing of each plan element (prior notices, sign posting,
detours, etc.) as determined appropriate by the City Engineer. Adequate
access to and from adjacent residential areas shall be provided at all times.
The TMP shall be reviewed and approved by the City Police and Fire
Departments as it applies to emergency response or evacuation plans.
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~ CITY OF BAKERSFIELD
Rio Bravo Ranch Project
"-"'•- GPA/ZC 06-1722
9 p w E R 5 F I E L D
SCH No. 2007101060
Alternative Transportation Systems
5.5-2 THE PROPOSED PROJECT WILL ACCOMMODATE ALTERNATIVE MODES
OF TRANSPORTATION (TRANSIT SERVICE AND PEDESTRIAN AND
BICYCLE PATHS) WITHIN THE PROJECT SITE VICINITY.
Facts Supporting Finding
Future development on-site will be designed to facilitate safe pedestrian and bicycle
travel. Currently, the proposal does not include pedestrian or bicycle crossing locations
at any point along a highway. Pedestrian and bicycle crossings of highways (i.e., SR-
178) are subject to the review and approval of the California Department of
Transportation (Caltrans) and must meet stringent safety requirements. Actual location
of pedestrian/bicycle road crossings, connections to parks, and other recreation areas
will be considered during the development review process upon receipt of definitive site
plans.
Development of the Project site in accordance with the goals and policies of the General
Plan and site plan review by the City, GET, and Kern Transit would serve to enhance
alternative modes of transportation within the Project area. This is seen as a long-term
beneficial impact.
Mitigation Measure 5.5-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.5-2 Prior to development, the City shall update the Bikeways Master Plan to reflect
bikeways implemented as part of the proposed Project.
Traffic Generation -Year 2015
5.5-3 PROJECT IMPLEMENTATION MAY CAUSE A SIGNIFICANT INCREASE IN
TRAFFIC WHEN COMPARED TO THE TRAFFIC CAPACITY OF THE
STREET SYSTEM AND MAY EXCEED AN ESTABLISHED LOS STANDARD.
Facts Supporting Finding
The proposed Project components are described in detail in Section 3.0, PROJECT
DESCRIPTION. The Project consists of residential and commercial land development.
Access to the Project site is proposed via Rancheria Road, SR-178, and Old Walker Road.
The traffic related to the proposed Project was calculated in accordance with the following
accepted procedural steps: (1) trip generation; (2) trip distribution; and (3) traffic
assignment.
Mitigation Measure 5.5-3 of the Final EIR would reduce impacts below a level of
significance. The measure is as follows:
5.5-3 Refer to Mitigation Measures 5.5-4a and 5.5-4b, below.
JN 60-100320 45 December 2008
///~~r ~ CITY OF BAKERSFIELD
Rio Bravo Ranch Project
-"'-- GPA/ZC 06-1722
B A I: E R S F I E L D SCH No. 2007101060
Cumulative Traffic (2030 Conditions)
5.5-4 IMPLEMENTATION OF THE PROPOSED PROJECT, COMBINED WITH
CUMULATIVE PROJECT DEVELOPMENT, MAY CAUSE A SIGNIFICANT
INCREASE IN TRAFFIC WHEN COMPARED TO THE TRAFFIC CAPACITY
OF THE STREET SYSTEM AND MAY EXCEED AN ESTABLISHED LOS
STANDARD.
Facts Supporting Finding
Many agricultural areas within the Project vicinity are transitioning to residential and
commercial land uses. Therefore, future traffic volumes were developed to account for
these pending agriculture-to-residential/commercial general plan amendment (GPA) and
zone change applications. Year 2030 traffic volumes were determined using data from the
regional cumulative Projects traffic model prepared by Kern COG. The Kern COG model
uses traffic software that makes traffic Projections by Traffic Analysis Zone (TAZ). Socio-
economic data were projected for future year scenarios. A traffic model run was requested
from Kern COG for the Year 2030 with Project background traffic, traffic attributable to the
proposed Project, along with traffic from all other future proposed Projects that add traffic to
the surrounding roadway network. Future traffic volumes are based on socio-economic
data for all the proposed Projects and predicted growth in future years. This model
accounts for cumulative impacts of all proposed Projects when performing impact analysis
on the existing and proposed street network.
All of the study roadway segments are forecast to operate at an acceptable LOS under
future with Project conditions (with ultimate roadway configurations). The ultimate
roadway configurations LOS assumes implementation of the recommended
improvements, as outlined in Table 9 of the Traffic Impact Study. With participation in the
Metropolitan Bakersfield RTIF program, the study roadways are forecast to operate at an
acceptable LOS (LOS C or better) under future with Project conditions. Therefore, with
mitigation, Project-related long-term traffic impacts on roadway segments would be
reduced to less than significant levels.
Mitigation Measures 5.5-4(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.5-4a Prior to the issuance of building permits, the Project Applicant shall participate
in the City's RTIF Program. The Project Applicant shall submit funding
calculations for all improvements associated with the RTIF Program pursuant to
Table 10 of the Project's Traffic Impact Study (McIntosh and Associates,
January 2008, [Appendix 15.4]) to the satisfaction of the Public Works
Department.
5.5-4b For impacted intersections subject to fair-share improvements (refer to Table 6,
from January 2008 Traffic Impact Study [refer to Appendix 15.4]) and roadway
segment improvements, prior to the issuance of building permits, the Project
Applicant shall participate in the improvements required on a pro-rata, fair-
share basis, as indicated the Recommended Improvements and Table 5.5-5.
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
NOISE
Short-Term Impacts (Construction)
5.6-1 GRADING AND CONSTRUCTION WITHIN THE PROJECT AREA WOULD
RESULT IN TEMPORARY NOISE IMPACTS ON NEARBY NOISE SENSITIVE
RECEPTORS.
Facts Supporting Finding
Construction activities would include earthmoving, demolition, grading, construction of
buildings and paving. Construction activities generally have a short and temporary
duration, lasting from a few days to a period of several months. The noise generated by
equipment and experienced at surrounding uses during construction would vary hourly,
daily, and weekly, due to the number and types of equipment used. Groundborne noise
and other types of construction-related noise impacts would typically occur during the
initial site preparation, which can create the highest levels of noise; but is also generally
the shortest of all construction phases. Activities that occur during this phase include
earthmoving and soils compaction. High groundborne noise levels and other
miscellaneous noise levels can be created during this phase by the operation of heavy-
duty trucks, backhoes and other heavy-duty construction equipment. Operating
cyclesfor these types of construction equipment may involve one or two minutes of full
power operation followed by three to four minutes at lower power settings. Other
primary sources of acoustical disturbance would be random incidents, which would last
less than one minute (such as dropping large pieces of equipment or the hydraulic
movement of machinery lifts).
Standard residential construction in California provides a 20-d BA reduction of interior
noise levels with windows closed and a 12-dBA reduction with windows open. Interior
noise levels at existing dwelling units closest to the project area with a direct line of sight
to on-site construction activity (i.e., those that would be exposed to intermittent
maximum noise levels of 90 dBA Lmax) would potentially reach 65 dBA Lmax, with windows
closed and up to 78 dBA Lmax, with windows open, at such times when the equipment is
at the property line. These noise levels will drop off at a rate of six decibels per each
doubling of distance (e.g., 100 feet, 200 feet, and 400 feet). Existing residences farther
away from the project and those blocked by other existing structures would experience
lower construction noise levels emanating from the Project area. Per the Bakersfield
Municipal Code, construction would be limited to the hours of 6:00 AM to 9:00 PM on
weekdays and 8:00 AM and 9:00 PM on weekends. Implementation of the mitigation
(i.e., engine muffling, placement of construction equipment, and stockpiling/staging of
construction vehicles) would serve to reduce the noise levels to sensitive receptors and
thus would result in a less than significant impact.
Mitigation Measures 5.6-1(a-d) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.6-1 a Prior to issuance of grading permits, the Contractor shall provide evidence
acceptable to the City Planning Department that: (1) all construction equipment,
fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped
with properly operating and maintained mufflers; and (2) construction activities
shall be limited to the designated daytime hours as specified by the City of
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Bakersfield (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. These
restrictions apply to all trucks, vehicles, and equipment that are making or
involved with material deliveries, loading or transfer of materials, equipment
service, and maintenance of any devices for or within the Project construction
site.
5.6-1 b During construction, stationary construction equipment shall be placed such
that emitted noise is directed away from noise-sensitive receptors, to the
satisfaction of the Building Official.
5.6-1 c Prior to approval of the Project plans and specifications by the City Building
Department, the construction contractor shall incorporate feasible muffling
features into all construction vehicles and equipment and into construction
methods, and shall maintain all construction vehicles and equipment in efficient
operating condition.
5.6-1d Prior to approval of the Project plans and specifications by the City Building
Department, stockpiling and construction vehicle staging areas shall be located
as far away as practical from noise-sensitive receptors during construction
activities.
On-Site Mobile Source Impacts
5.6-3 PROJECT IMPLEMENTATION WOULD GENERATE ADDITIONAL
VEHICULAR TRAVEL ON THE ROADWAY NETWORK, THEREBY
RESULTING IN PERMANENT NOISE LEVEL INCREASES.
Facts Supporting Finding
The degree by which traffic noise levels will exceed the City of Bakersfield exterior noise
level standard will depend on the proximity of the proposed noise-sensitive uses to the
major roadways within the Project vicinity, and the individual noise of those roadways.
Because it is likely that residential uses will be developed within areas exposed to
projected future traffic noise levels in excess of the applicable noise standards, this
impact is considered significant.
However, as indicated above, noise barriers ranging in height from 6-7 feet could be
used to achieve compliance with the City's 65 dBA CNEL exterior noise level standard
for the proposed residential uses. Additionally, interior noise levels could exceed the
City's 45 dBA Ldn interior noise level standard. Based on unmitigated exterior noise
levels of 70-73 dBA, interior noise levels would exceed the City's 45 dBA noise standard.
Therefore, interior noise reduction measures may be required for residential uses
constructed adjacent to the major project-area roadways.
Mitigation Measures 5.6-3(a-c) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.6-3a Prior to tract recordation, sound walls shall be constructed along the major
Project-area roadways, adjacent to proposed residential uses. Table 5.6-11
shall be consulted to determine appropriate barrier heights. If the assumptions
shown in Table 5.6-11 vary considerably, a detailed analysis of exterior and
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• Rio Bravo Ranch Project
._.~~ GPA/ZC 06-1722
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interior mitigation measures shall be conducted when tentative tracts become
available.
5.6-3b For residential uses located along the major Project roadways and located
within the predicted 65 dBA traffic noise contours, an analysis of interior noise
levels shall be submitted concurrent with submittal of a tentative tract map. The
report shall be conducted by a qualified acoustical engineer and shall specify
the measures required to achieve required to achieve compliance with the City
of Bakersfield 45 dBA interior noise level standard.
5.6-3c Concurrent with submittal of a tentative tract map, the Project Applicant shall
conduct a site specific acoustical analysis to determine the adequacy of sound
walls and/or design to ensure compliance with the City of Bakersfield's noise
standards as indicated in the Metropolitan Bakersfield General Plan
Environmental Impact Report.
Stationary Source Impacts
5.6-4 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD RESULT IN
THE GENERATION OF ON-SITE NOISE AS WELLEASWMECHAN CAL
RESIDENTIAL AND COMMERCIAL USES,
EQUIPMENT AND LANDSCAPE MAINTENANCE.
Facts Supporting Finding
The following discusses potential stationary source noise impacts associated with the
proposed Project.
Residential Areas
Future development of residential lots would create stationary noise typical of any new
residential development. Noise that is typical of residential areas includes such things
as children playing, pet noise, amplified music, car repair, pool and spa equipment
operation, woodworking, and home repair activities. Noise from residential stationary
sources would primarily occur during the "daytime" activity hours of 7:00 AM to 10:00
PM. Furthermore, the residences would be required to comply with the noise standards
set forth within the General Plan. The General Plan states that exterior noise levels in
residential property shall not exceed the basic noise standard of 45 dBA for interior noise
and 65 dBA exterior at the residential property line. Thus, noise impacts from the
residential uses are anticipated to be less than significant.
Commercial Areas
The noise levels from the commercial portion of the Project site cannot be quantified at
this time. However, because of the zoning of the commercial uses would allow for
certain uses which could generate significant noise levels, the potential for off-site
adverse noise impacts exists. Mitigation measures are provided to reduce the impact of
commercial noise to less than significant levels.
IlnrnmhcfP 208 ..
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Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Neighborhood Parks
Noise associated with park uses has been frequently cited as potential sources of
annoyance at noise-sensitive areas. Noise levels associated with a group of
approximately 50 children playing at a distance of 50 feet generally ranges from 55 to 75
dBA, at a distance of 100 and 50 feet from the center of playgrounds, respectively.
Given the proximity of parks to residential uses, the potential for exceedance of City
standards exists. In areas of the Project site where parks are located adjacent to
residential uses, mitigation measures are required to reduce noise levels to less than
significant.
Mechanical Equipment
Mechanical equipment such as heating, ventilation, and air conditioning (HVAC) units
would be included as part of future residential and commercial development.
Compliance with the General Plan and Bakersfield Municipal Code would minimize noise
impacts. Noise levels from mechanical equipment would be further reduced with
implementation of mitigation requiring the orientation of equipment away from any
sensitive receptors, proper selection of equipment, and installation of equipment with
proper acoustical shielding. Implementation of the required mitigation measures and
compliance with the City of Bakersfield provisions would reduce the impact to a less than
significant level.
Landscape Maintenance
Future development of the residential and commercial uses within the Project area
would introduce new landscaped areas requiring periodic maintenance. Noise generated
by gasoline-powered lawnmowers is estimated to be approximately 70 dBA at a distance
of 5 feet from the source. Therefore, at 50 feet, noise from a gas lawnmower would be
49 dBA and would meet City noise standards even if (although unlikely) the lawnmower
were operated near the same sensitive receptor for a full hour. For each doubling of
distance from a point noise source (i.e. the lawnmower), the sound level decreases by 6
dBA. As the operation of maintenance activities would occur only during daytime hours
and for brief periods of time, a less than significant impact would result.
Kern River Rafting Noise Levels
Noise levels associated with Kern River rafting are predicted to comply with the City of
Bakersfield's daytime exterior noise level standards at the nearest proposed residential
land uses.
Hydroelectric Plant
Noise levels associated with the Rio Bravo Hydroelectric facility are not predicted to
generate significant noise levels at the Project site. However, humming or buzzing
associated with the facility's transformers could be a source of annoyance to future
residential uses in the area. With incorporation of mitigation measure, the impact would
be less than significant.
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Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Existing and Future Pump Stations
Noise levels from existing and future pumping stations could generate noise levels in
excess of the City of Bakersfield standards. Based upon existing noise measurements
of pumps on the Project site, noise impacts around the pumping stations could extend to
distances of 237 to 1,300 feet around the pump station. With incorporation of mitigation,
this impact would be reduced to less than significant.
Mitigation Measures 5.6-4(a-e) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.6-4a Where commercial uses are located, the primary noise sources are parking lot
noise, HVAC equipment, and light truck deliveries. In this case, a minimum of
six foot tall masonry sound walls would provide adequate isolation of parking
lot and delivery truck activities. Walls are required between commercial and
residential uses, per the Municipal Code Section 17.24.050. HVAC equipment
shall be located either at ground level or when located on roof-tops, the
building facades shall include parapets for shielding. Additionally, with the
submittal of a Site Plan Application for commercial areas, the project applicant
shall submit to the Planning Department a Project specific acoustic analysis to
determine the adequacy of the minimum six foot walls.
5.6-4b Where commercial uses abut residential property lines, and loading docks or
truck circulation routes face the residential area, the following mitigation
measures shall be included in the project design:
• Loading docks and truck delivery areas shall maintain a minimum
distance of 30 feet from residential property lines, as required by Section
17.08.140.G of the Municipal Code
• Property line sound barriers shall be a minimum of six feet in height, per
the Municipal Code Section 17.24.050. Circulation routes for trucks shall
be located a minimum of 30-feet from residential property lines
• All heating, cooling, and ventilation equipment shall be located within
mechanical room where possible
• All heating, cooling, and ventilation equipment shall be shielded from view
with solid barriers
• Emergency generators shall comply with the local noise criteria at the
nearest noise-sensitive receivers
• Delivery/loading activities shall comply with the City of Bakersfield Noise
Level Performance Standards and all requirements of Section
17.08.140.G of the Municipal Code.
5.6-4c Six feet tall sound walls shall be constructed where neighborhood parks abut
residential uses, as required in Section 16.28.170.E of the Subdivision
Ordinance.
5.6-4d As part of the escrow process, future residents and tenants near the Rio Bravo
hydroelectric facility shall be notified via deed notices or real estate disclosure
statements that inconvenience, annoyance, or discomfort may arise from
electric transformer noise, during the daytime and nighttime periods of peak
power plant operation on a seasonal basis.
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CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
5.6-4e In conjunction with tentative tract submittal, future development of residential
uses proposed in the vicinity of pumping stations shall be required to provide
an acoustical evaluation of pump station noise levels and mitigation measures
to comply with the City's exterior noise level standards.
AIR QUALITY
Short-Term Emissions (Construction)
5.7-1 TEMPORARY CONSTRUCTION-RELATED DUST AND VEHICLE
EMISSIONS WOULD OCCUR DURING CONSTRUCTION WITHIN THE
PROJECT AREA.
Facts Suogorting Finding
The SJVAPCD's Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI),
does not necessarily require a quantification of construction emissions for all projects.
Quantification is generally only required at the request of the lead agency. In general,
the SJVAPCD assumes that implementation of these measures will bring the
construction impacts to a level considered less than significant. However, to be
conservative and evaluate the full scope of potential impacts, the construction emissions
were quantified.
Construction Emissions Quantification
Short-term impacts from the Project will primarily result in fugitive particulate matter
emissions during construction. Grading, excavation, trenching, filling, and other
construction activities result in increased dust emissions. SJVAPCD Regulation VIII
specifies control measures for specified outdoor sources of fugitive particulate matter
emissions. Rule 8011 contains administrative requirements, Rule 8021 applies to
construction activities, and Rule 8071 applies to vehicle and equipment parking, fueling,
and service areas. The SJVAPCD does not require a permit for these activities, but does
impose measures to control fugitive dust, such as the application of water or a chemical
dust suppressant.
Construction will also result in exhaust emissions from diesel-powered heavy equipment.
Exhaust emissions from construction include emissions associated with the transport of
machinery and supplies to and from the site, emissions produced onsite as the
equipment is used and emissions from trucks transporting excavated materials from the
site and fill soils to the site. Examples of these emissions include CO, ROG, NOX, and
PM,o.
Exhaust emission factors for typical diesel-powered heavy equipment are based on U.S.
EPA AP-42 emissions factors. Actual exhaust emissions will vary substantially from day
to day. Numerous variables factored into estimating total construction emissions
include: level of activity, length of construction period, number of pieces and types of
equipment in use, site characteristics, weather conditions, number of construction
personnel, and amount of materials to be transported onsite or offsite. Additional
exhaust emissions would be associated with the transport of workers and materials.
Because the specific mix of construction equipment in a build-out period is not presently
known for the proposed Project, specific equipment emissions on a yearly basis are
estimated. Actual emissions would depend on the level of activity and the type of control
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Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
being used. Refer to Appendix 15.6, AIR QUALITY IMPACT ASSESSMENT for an
explanation of the methods used to quantify construction emissions.
Construction Related Criteria Pollutant Impacts
The Bakersfield area and the San Joaquin Valley are designated non-attainment for
particulates for both state and federal standards. Although the proposed land uses are
not considered a potential source for significant particulate emissions, fugitive particulate
emissions will occur during construction. Control measures are required and enforced by
the SJVAPCD under Regulation VIII. As stated in GAMAQI, the SJVAPCD guidance
document. The following three rules related to fugitive dust control apply to this Project:
• Rule 8011 -Fugitive dust administrative requirements for control of fine particulate
matter.
• Rule 8021 -Fugitive dust requirements for control of fine particulate matter from
construction, demolition, excavation, extraction, and earthmoving activities.
• Rule 8071 -Fugitive dust requirements for control of fine particulate matter from
vehicle and/or equipment parking, shipping, receiving, transfer, fueling, and service
areas one acre or larger.
In addition, the Project should include the following as requirements of the local
municipal code:
Water sprays or chemical suppressants must be used in all unpaved areas to control
fugitive emissions.
• All access roads and parking areas must be covered with asphalt-concrete paving.
Based on the analysis, construction impacts would be mitigated to less than significant
levels with compliance with Regulation VIII of the SJVAPCD and the Bakersfield
Municipal Code.
Construction Toxic Air Emissions
The Air Quality Impact Assessment modeled construction activities to determine if a
significant health risk on nearby sensitive receptors (i.e. schools, residences, hospitals)
would occur. For this analysis, all land uses other than commercial, agricultural, and
industrial are considered sensitive receptors.
In order to take the health effects of diesel particulate emissions into account, the
emissions from the equipment were calculated and included in the health risk
assessment model. The emission rate for diesel particulate matter from the construction
equipment was taken from the EMFAC and URBEMIS models. Although the actual
stationary sources for the Project are unknown at present time, the Air Quality Impact
Assessment provided a representative list of land uses types for analysis of Project
stationary source emissions. The following is a list of sources used for the operational
phase of the Project: one dry cleaner; one gas station; one fast-food restaurant; three
diesel trucks and two transportation refrigeration units (TRUs) operating for 30 minutes.
Emission estimates were based on hourly and annual emission calculations.
Cancer risk coefficients from human data are typically considered proportional to
pollutant concentrations at any level of exposure (i.e., a linear, no-threshold model),
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which is conservative at low environmental doses. The total individual excess cancer risk
is defined as the cancer risk a hypothetical individual faces if exposed to carcinogenic
emissions from a particular facility continuously, 24 hours a day, 365 days a year, for a
70 year lifetime. This risk is defined as an excess risk because it is above and beyond
the background cancer risk to the population. Based on the results of the dispersion
modeling, there is not a significant individual cancer risk associated with this Project
(refer to Appendix 15.6, Air Quality Impact Assessment).
OEHHA has established No Adverse Effect Level (NAEL) concentrations, which in effect
is a threshold of significance for estimating cancer risks from toxic air contaminants. In
determining these thresholds, OEHHA has assumed continuous exposure, 24 hours a
day, 365 days a year, with a 70-year exposure. Per the OEHHA guidelines, the
exposure levels are below the chronic NAEL thresholds, and thus would result in a less
than significant impact.
Vallev Fever
Coccidioidomycosis, more commonly known as "Valley Fever," is an infection caused by
inhalation of the spores of the Coccidioides immifis fungus. The fungus is prevalent in
the soils of California's San Joaquin Valley, particularly in Kern County. The ecologic
factors that appear to be most conducive to survival and replication of the spores are
high summer temperatures, mild winters, sparse rainfall, and alkaline, sandy soils.
The soils in the area of Sharks Tooth Hill in northeast Bakersfield, which is endemic for
San Joaquin Valley Fever, are primarily sourced from the decomposed marine Round
Mountain Silt Member of the Miocene Monterey Formation. The soil in the area of the
proposed Project is derived from decomposing non-marine Quaternary fluvial, alluvial
and terrace deposits as sourced from the Sierra Nevada Mountains, composed of
Cretaceous granites. This rock type would lead to similar soils based upon the similar
mineralogical and consequent chemical content. However, the proposed Project area is
not underlain by the type of sediments that are known to contain Valley Fever spores.
Considering the SJVAPCD Regulation VIII dust control measures, the risk of contacting
Valley Fever in connection with the cumulative impact of the subject projects is
considered to be unlikely.
Mitigation Measures 5.7-1(a-d) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.7-1 a The developer shall enter into a voluntary agreement with the San Joaquin
Valley Air Pollution Control District to reduce ROG, NOx, and PM,o impacts to
zero.
5.7-1 b Prior to grading plan approval, the Applicant/Developer shall submit
documentation to the City of Bakersfield Planning Department that they
will/have met all air quality control measures required by the SJVAPCD.
5.7-1 c Prior to issuance of any building permits, Contractors and/or the 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 required and shall make such records available to the
SJVAPCD upon request.
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B A A E R S F I E L D
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Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
5.7-1d Prior to the issuance of any building permits, Contractors and/or the Developer
shall submit a written statement that they will allow an authorized
representative of the SJVAPCD to review construction equipment activity and
mitigation measure records for the purpose of assuring compliance with the
applicable requirements of these mitigation measures (5.7-1 a through 5.7-1 d)
and all tract development requirements.
Long-Term Impacts (Operational)
5.7-2 THE PROJECT WOULD RESULT IN AN OVERALL INCREASE IN THE
LOCAL AND REGIONAL POLLUTANT LOAD DUE TO DIRECT IMPACTS
FROM VEHICLE EMISSIONS AND INDIRECT IMPACTS FROM
ELECTRICITYAND NATURAL GAS CONSUMPTION.
Facts Suooorting Finding
As a result or normal day-to-day activities occurring on the Project site after occupation,
operational emissions would be generated by both stationary and mobile sources.
Stationary source emissions are those generated by the consumption of natural gas for
space and water heaters, landscape maintenance equipment, and consumer products.
Mobile emissions are those generated by the motor vehicles traveling to and from the
Project site, including heavy-duty diesel trucks.
AREA SOURCE EMISSIONS
Input into the URBEMIS 2007 model was obtained from traffic data provided by the
Project traffic engineer and assumptions on the nature of land uses constructed within
the proposed Project. Electricity and natural gas are utilized by almost every commercial
and residential development. URBEMIS 2007 Version 9.2.4 default inputs were used to
generate the emissions for the area sources. The URBEMIS 2007 inputs and outputs,
along with the assumptions and URBEMIS default changes, are included in Appendix
15.6, Air Quality Impact Assessment.
Mobile Source Emissions (Vehicular Emissions)
Build-out of the proposed Project would increase vehicle trips. The vehicles associated
with these trips would emit criteria pollutants, including NOX and ROG, which are
considered to be ozone precursors. The Bakersfield area is considered a severe
nonattainment area for Federal ozone standards a and a severe nonattainment are for
federal air quality standards for ozone and particulates. Nitrogen oxides and reactive
organic gases are regulated as ozone precursors. A precursor is defined by the
SJVAPCD as "a directly emitted air contaminant that, when released into the
atmosphere, forms or causes to be formed or contributes to the formation of a secondary
air contaminant for which an ambient air quality standard has been adopted."
Vehicle emissions have been estimated for year 2030, the expected proposed Project
completion date, using the URBEMIS 2007, Version 9.2.4 computer model. Trip
generation rates were obtained from the traffic study that was prepared for the proposed
Project. None of the predicted criteria emissions exceed the applicable significance
level after voluntary emission reductions. Therefore, the impacts from proposed Project
sources are considered less than significant.
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Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Carbon Monoxide Hot Spots Impacts
Carbon monoxide emissions are a function of vehicle idling time, meteorological
conditions and traffic flow. Under certain extreme meteorological conditions, CO
concentrations near a congested roadway or intersection may reach unhealthful levels
(i.e., adversely affect residents, school children, hospital patients, the elderly, etc.).
Per the SJVAPCD, CO "Hot Spot" modeling is required if traffic data reveals that the
proposed Project would reduce the traffic level of service (LOS) on one or more streets
to E or F; or, if the Project would worsen an existing LOS F. Based on the traffic study
prepared for the proposed Project, a CO Hot Spot analysis was performed on following
two intersections: Highway 178/Comanche Drive, and Highway 178/ Masterson Street.
The CO hot spot modeling results were compared to the California ambient air quality
standards for carbon monoxide of 9 ppm on an 8-hour average, and 20 ppm on a 1-hour
average. Neither the 1-hour average nor the 8-hour average would be equaled or
exceeded at any of the intersections studied. Therefore, the impacts in regards to CO
hot spots would be less than significant for the proposed Project. Refer to Appendix
15.6, AIR QUALITY IMPACT ASSESSMENT, for detailed modeling for Long-Term
Impacts (Operational).
TOTAL PROJECT OPERATIONAL EMISSIONS
The emissions from the proposed Project are described in terms of operational
emissions (mobile source emissions) and area source emissions. Transportation control
measures and design features can be incorporated into the proposed Project to reduce
emissions from mobile sources. The control measures that have been incorporated into
the Project modeling provide a strategy to reduce vehicle trips, vehicle use, vehicle miles
traveled, vehicle idling, and traffic congestion, and so to consequently reduce motor
vehicle emissions.
Lona-Term Emissions Minimization Measures
The developer proposes to enter into a Voluntary Emission Reduction Agreement with
the SJVAPCD to mitigate related ROG, NOX and PM,o emissions to zero; therefore, the
SJVAPCD significance thresholds for NOX and ROG would not be exceeded. Under the
Voluntary Emissions Reduction Agreement, the developer would identify and propose to
the SJVAPCD opportunities to reduce emissions to fully mitigate the proposed Project's
air impact, including but not limited to opportunities for removal or retrofitting of
stationary, transportation, indirect, and/or mobile pollution source equipment.
Additionally, the proposed Project would incorporate the following Emission Reduction
Design Features:
• Utilization of land use designs, which create walkable communities and encourage
pedestrian travel.
• Utilization of interconnecting sidewalks, walking paths and/or bike paths in order to
encourage travel by means other than motor vehicle.
• Utilization of appropriate landscaping to create reasonable shade canopies for
streets, parkways and parking areas.
• Utilization of roadway designs, which enhance pedestrian safety by appropriate
signaling, signage and separation from traffic.
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GPA/ZC 06-1722
SCH No. 2007101060
Prior to issuance of grading permits for the proposed Project, the developer would
prepare and submit dust control plans for the areas to be graded, in accordance with
District Regulation VIII. The Plan would be prepared consistent with District Regulation
VIII and must be reviewed and approved by the SJVAPCD prior to commencement of
grading activities. Each contractor working on the proposed Project site shall implement
the dust control measures outlined in the approved dust control plan. The dust control
measures selected shall be incorporated as a note on each grading plan. The SJVAPCD
maintains New Source Review requirements that direct owners/operators of certain
types of stationary equipment to obtain an Authority to Construct ("ATC") and Permits to
Operate ("PTO") from the SJVAPCD. As part of this process, the need for emission
control equipment is assessed and the SJVAPCD determines whether a Health Risk
Assessment ("HRA") must be prepared. Owners/operators of all stationary sources for
which such approvals are required should show proof of compliance with District Rules
and Regulations prior to issuance of certificates of occupancy.
Mitigation Measure 5.7-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.7-2 Prior to the issuance of grading permits, the Project Applicant shall
demonstrate that the following features have been incorporated into the Project
design:
Sidewalks shall be installed on both sides of the streets; and
Bike lanes shall be installed on arterials and collectors.
Cumulative Impacts
5.7-6 IMPACTS ON REGIONAL AIR QUALITY RESULTING FROM THE
PROPOSED PROJECT AND CUMULATIVE PROJECTS MAY IMPACT
EXISTING REGIONAL AIR QUALITY LEVELS ON A CUMULATIVE BASIS.
Facts Supporting Finding
The Air Quality Impact Assessment considered the affects of the proposed Project with
the cumulative impacts of growth in the area. The SJVAPCD Guide for Assessing and
Mitigating Air Quality Impacts defines cumulative impacts as two or more individual
effects which, when considered together, are considerable or which compound or
increase other environmental impacts. The document also states "any proposed project
that would individually have a significant air quality impact... would also be considered to
have a significant cumulative air quality impact." The following were considered for this
analysis:
Cumulative Ozone Impacts -Ozone impacts are the result of the cumulative
emissions from numerous sources in the region and transport from outside the
region. Ozone is produced in chemical reactions involving ROG, NOX, and sunlight.
Cumulative PM,o and PM2.5 Impacts - PM,o and PM2.5 has the potential to cause
significant local problems during periods of dry conditions accompanied by high
winds, and during periods of heavy earth disturbing activities. PM,o and PM2.5 may
have cumulative local impacts, if, for example, several unrelated grading or earth-
moving projects are underway simultaneously at nearby sites.
JN 60-100320 57 December 2008
•
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B .1 K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
• Cumulative CO Impacts -Cumulative carbon monoxide impacts are accounted for in
the CO "Hot Spot" screening analysis described earlier in this document.
• Cumulative Hazardous Air Pollutant (TAC) Impacts -Cumulative analysis for TACs
focused on local impacts on sensitive receptors. The SJVAPCD recommends
screening a radius of 1 mile for TAC cumulative impacts.
• Cumulative Odor Impacts -Cumulative analysis for odors focused on local impacts
on sensitive receptors.
In addition to the criteria pollutants for which direct regulatory standards have been
established, the construction and operation of the proposed Project would involve the
production of a variety of other gases, such as carbon dioxide, which are believed to
play a role in on-going climate change. Global Climate Change impacts are a result of
cumulative emissions from anthropogenic activities in the region, the state, and the
world. The proposed Project design is consistent with greenhouse gas emission
reduction strategies identified by the California Environmental Protection Agency Climate
Action Team to meet the goals of greenhouse gas reductions in AB 32. These include
building efficiency standards mandated by 2005 Title 24 standards, a mixed use
development which integrates residential, commercial and recreational uses, and a
project design that promotes non-motorized means of transportation.
The SJVAPD has published Air Quality Guidelines for General Plans which includes
goals, policies and programs designed to improve air quality by implementation of
design features that reduce vehicle trips and miles traveled. The proposed Project's
design contains features, such as sidewalks, bike paths, bike lanes on arterials, a
neighborhood retail center, community parks and open space, which are consistent with
this document. These design features reduce greenhouse gas emissions through a
reduction in vehicle miles traveled.
The proposed Project's design is also consistent with policies in the Metropolitan
Bakersfield General Plan Land Use and Circulation Elements which are designed to
reduce emissions from mobile sources through land use planning. Mitigation measures
applied in the proposed Project such as increased energy efficiency, landscaping etc.
would further reduce the GHG emissions. In light of the foregoing, and because the
Project would meet or exceed the greenhouse gas emission reduction goals identified on
AB 32 and would comply with the Metropolitan Bakersfield General Plan Air Quality
Construction Element and the District's Air Quality Guidelines for General Plans, the
proposed Project's cumulative impacts on global climate change are considered less
than significant and less than cumulatively considerable.
Mitigation Measure 5.7-6 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.7-6 Mitigation measures listed below are the result of impact mitigation for non-
greenhouse gas related issues such as Air Quality, Biological Resources, Land
Use, Transportation, and Water Resources. These Project mitigation measures
provide efficiency related reductions in greenhouse gas emissions, opportunity
to avoid use of combustion engine vehicles, and create greenhouse gas sinks:
JN 60-100320 58 December 2008
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E A li E R B f 1 E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
• During all phases of construction, construction equipment shall be
properly and routinely maintained, as recommended by manufacturer
manuals, to control exhaust emissions.
• During all phases of construction, all contractors shall restrict equipment
and vehicle idling to five minutes or less.
• The Project Applicant shall develop aride-share incentive program for
construction workers.
• On-site electrical hookup shall be installed for electric hand tools such as
saws, drills and compressors, to substantially decrease the need for fuel
powered electric generators and other fuel-powered equipment.
• Utilize interconnecting sidewalks, walking paths, and/or bike paths in
order to encourage travel by means other than by motor vehicle, per Title
12 of the Bakersfield Municipal Code.
• Utilize landscaping to create shade canopies for streets, parkways, and
parking areas.
• Utilization of roadway designs which enhance pedestrian safety by
appropriate signaling, signage, and separation from traffic.
• Comply with California's Title 24 Energy Efficiency Standards. Title 24
energy compliance is required to be submitted prior to issuing building
permits.
• Prohibit the installation and use of wood burning stoves in Project Design
features.
BIOLOGICAL RESOURCES
Short-Term Impacts (Construction)
5.8-1 CONSTRUCTION OF THE PROPOSED PROJECT WOULD RESULT IN
TEMPORARY IMPACTS ON BIOLOGICAL RESOURCES /N THE PROJECT
AREA.
Facts Supporting Finding
During construction of the proposed Project, it is likely that noise levels on the Project
site would increase above existing noise levels, and then return to a lower level following
the completion of the construction period. Temporary increases in noise levels may
disturb resident animals in the vicinity. However, with implementation of mitigation
measures outlined in Section 5.6, NOISE, construction noise impacts would be less than
significant. The Project is not expected to result in wildlife displacement adjacent to the
site due to increased disturbance. Therefore, Project-related construction noise impacts
would be considered less than significant.
Mitigation Measures 5.8-1(a-c) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.8-1a During grading and construction, the Project Contractor shall ensure all trash
and food waste is disposed of in closed containers and regularly removed from
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8 .1 is E R 5 F 1 E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
the Project site during construction. Absolutely no deliberate feeding of wildlife
shall be allowed.
5.8-1 b Prior to development, the Project Applicant shall ensure that construction
vehicle speed limits shall not exceed 20 miles per hour (mph) on paved roads,
and 15 mph on unpaved roads, and shall be posted throughout the site for the
duration of construction activities. Open road culverts shall be provided during
construction to prevent vehicular mortality of wildlife crossing roads.
5.8-1c During grading, the Project Contractor 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 one ramp, with
long trenches containing at least one ramp every '/4 mile. The ramps shall be
no steeper than a ratio of 1:1.
Wetlands and Jurisdictional Drainages
5.8-2 PROJECT CONSTRUCTION MAY IMPACT AREAS QUALIFYING AS
JURISDICTIONAL WETLANDS AND/OR WATERS OF THE U. S.
Facts Supporting Finding
Construction activities within jurisdictional areas of the USACE and CDFG will be subject
to approval by the USACE 404 Permit, the CDFG 1602 Permit, RWQCB 401 Permit and
any other approvals deemed necessary during construction entitlement, approval.
Mitigation Measure 5.8-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.8-2 During Project construction, the Applicant/Developer shall attempt to avoid the
discharge of dredge or fill material into jurisdictional drainages, including
wetlands (this also includes drainages not subject to USACE jurisdiction, but
subject to RWQCB jurisdiction). This includes avoiding activities that would
obstruct the flow of, or alter the bed, channel, or bank of any intermittent or
ephemeral drainages. If complete avoidance is achieved, no further measures
are necessary. If complete avoidance is not practicable, the following measures
shall be implemented:
Prior to any discharge of dredged or fill material into jurisdictional
drainages, including wetlands, authorization under a Nationwide Permit or
Individual Permit shall be obtained from the USACE. For any features
determined to not be subject to the USACE jurisdiction during the
verification process, authorization to discharge (or a waiver from
regulation) shall be obtained from the RWQCB. For fill requiring a USACE
permit, water quality certification shall be obtained from the RWQCB prior
to discharge of dredged or fill material.
Construction activities that impact jurisdictional drainages shall be
conducted during the dry season to minimize erosion.
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i CITY OF BAKERSFIELD
_.r..__„_,-,` Rio Bravo Ranch Project
B A K E R S F I E L D GPA/ZC 06-1722
SCH No. 2007101060
Consistent with the City's Subdivision Design Manual, sediment control
measures to protect avoided jurisdictional drainages shall be in place
prior to the onset of construction and shall be monitored and maintained
until construction activities have ceased. Sediment control can include,
but not be limited to silt fencing, jute wattles, straw bales, diversion
berms, etc. The type of control is dependant upon the surrounding
topography and extent of excavation. Temporary stockpiling of excavated
or imported material shall occur only in approved construction staging
areas. Excess excavated soil shall be used on site or disposed of at a
regional landfill or other appropriate facility. Stockpiles that are to remain
on the site through the wet season shall be protected to prevent erosion
(e.g. silt fences, straw bales).
All pedestrian and vehicular entry into jurisdictional drainages, including
wetlands, shall be prohibited during construction.
Prior to issuance of a grading permit, the Applicant/Developer shall
provide written verification to the Planning Director demonstrating any
loss of wetlands and/or jurisdictional drainages have been compensated
at a minimum 1:1 ratio or at a rate approved by the USACE/CDFG permit
process. This can be accomplished through purchase of appropriate
credits at an approved mitigation bank, appropriate payment into an
approved in-lieu fee fund, or on-site or off-site creation, monitoring, and
maintenance (as approved by the USACE, CDFG, and RWQCB).
Any monitoring, maintenance, and reporting required by the regulatory
agencies (i.e., USACE, CDFG, RWQCB) shall be implemented and
completed. All measures contained in the permits or associated with any
agency approvals shall be implemented.
Sierra-Tehachapi Saltbush Scrub Habitat
5.8-4 IMPLEMENTATION OF THE PROPOSED PROJECT MAY IMPACT SIERRA-
TEHACHAP/ SALTBUSH SCRUB HABITAT.
Facts Supporting Finding
Areas of Sierra-Tehachapi Saltbush Scrub occur within the Project site. This scrub
habitat is considered sensitive by the CDFG. The instances of Sierra-Tehachapi
Saltbush Scrub are limited and degraded by OHV use, illegal dumping activities and
livestock grazing. However, despite continued disturbance important cover and foraging
habitat exists for a variety of sensitive and non-sensitive wildlife species. Minimal
adverse impacts to this habitat are expected given that it occurs on the steeper slopes
deemed "unbuildable" by the City's proposed slope protection area. Potential impacts to
portions of Sierra-Tehachapi Saltbush Scrub that occur within the Project site are
considered less than significant through avoidance and compensation requirements
implemented by the MBHCP.
Mitigation Measure 5.8-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
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• CITY OF BAKERSFIELD
__.....~,,, Rio Bravo Ranch Project
B ,1 1: E R S F I E L o GPA/ZC 06-1722
SCH No. 2007101060
5.8-4 The Project Applicant shall fully participate in the MBHCP mitigation and
compensation requirements related to Sierra-Tehachapi Saltbush Scrub habitat
should full avoidance not be achieved.
The current MBHCP expires in year 2014. Projects may be issued an urban
development permit, grading plan approval, or building permit and pay fees
prior to the 2014 expiration date under the current MBHCP. As determined by
the City of Bakersfield, only projects ready to be issued an urban development
permit, grading plan approval or building permit) before the 2014 expiration
date will be eligible to pay fees under the current MBHCP. Early payment or
pre-payment of MBHCP fees shall not be allowed. The ability of the City to
issue urban development permits is governed by the terms of the MBHCP.
Urban development permits issued after the 2014 expiration date may be
subject to a new or revised Habitat Conservation Plan, if approved, or be
required to comply directly with requests of the U.S. Fish and Wildlife Agency
and the California Fish and Game Department.
Sensitive Plant Species
5.8-5 IMPLEMENTATION OF THE PROPOSED PROJECT MAY IMPACT
SENSITIVE PLANT SPECIES.
Facts Supporting Finding
Suitable habitat was identified onsite for four species: California Jewelflower, Kern
County larkspur, Shevrock's golden aster, and Bakersfield cactus. Surveys for all four
species were conducted during the blooming period with the exception of Shevrock's
golden aster. Botanical surveys did not identify any specimens on-site, but known
occurrences are documented two and one-half miles east of Rancheria Road. However,
because the proposed project lies within the MBHCP area, mitigation and compensation
requirements of the implemented MBHCP and implementation of the following mitigation
measures will reduce these potential impacts to a level of insignificance.
Mitigation Measures 5.8-5(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.8-5a In order to avoid or minimize the potential for impacts to Shevrock's golden
aster, a qualified biologist shall conduct preconstruction surveys prior to ground
disturbance, during the blooming period (August to November) to locate and
quantify any locations on the proposed Project site. All measures indicated by
the biologist must be adhered to by the Developer.
5.8-5b The Project Applicant shall pay a Habitat Mitigation fee for impacts to
Shevrock's golden aster, including compliance with all appropriate terms and
conditions in accordance with the MBHCP and §15.78.030 of the Municipal
Code for the City of Bakersfield.
JN 60-100320 62 December 2008
8 r1 is E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
San Joaquin Kit Fox
5.8-6 THE PROPOSED PROJECT HAS THE POTENTIAL TO IMPACT (BOTH
D/RECTLYAND INDIRECTLY) SAN JOAQUIN KIT FOX.
Facts Supporting Finding
No live San Joaquin kit fox or active dens were identified during the biological surveys of
the subject property. However, kit fox tracks and scat was observed at several locations.
The Project site provides suitable foraging habitat for the species and is within the
current mapped distribution for San Joaquin kit fox. Additionally, the CNDDB documents
the presence of the species in the vicinity of the proposed Project site. Several kit fox
dens were observed on-site; however, these dens did not appear to be in use. Despite
not being currently active there is a potential for occupation of these dens prior to Project
implementation. The proposed Project has the potential to result in adverse impacts to
San Joaquin kit fox and/or its habitat and will result in adverse impacts to foraging
habitat for the species. Potential direct adverse impacts include direct mortality from
vehicle collision, entrapment in open pipes, trenches, or pits, and contamination. Habitat
loss, degradation, and fragmentation are also potential direct adverse impacts to the
species resulting from Project implementation. Potential indirect impacts to the species
resulting from the proposed Project include those associated with human habitation of
property, such as increased traffic, refuse, domestic pets, and pedestrian use of
adjacent open lands. Such potential impacts to the species resulting from the
implementation of the proposed Project would be a "take" of the San Joaquin kit fox and
be considered a significant effect. However, because the proposed Project lies within the
MBHCP area, mitigation and compensation requirements of the implemented MBHCP
will reduce these potential impacts to a level of insignificance.
Mitigation Measures 5.8-6(a-e) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.8-6a Within 60 days of initial ground disturbance, preconstruction clearance surveys
shall be conducted by a qualified biologist in accordance with the provisions of
the MBHCP. Any potential, inactive or active kit fox dens identified as
unavoidable, be monitored, excavated and backfilled in accordance with the
recommendations of the MBHCP and all guidelines, protocols and other
provisions of the CDFG, USFWS, Federal Endangered Species Act and
California Endangered Species Act. Survey windows for the San Joaquin kit fox
can occur at anytime throughout the year. The survey shall be submitted to the
City of Bakersfield Planning Department, prior to approval of a grading permit.
5.8-6b Prior to earth disturbance phases of construction, all construction personnel
shall be trained in sensitive species identification and avoidance techniques
and be instructed to be on the lookout for kit fox dens during earth disturbance.
Proof of training shall be submitted to the City of Bakersfield Planning
Department. Any evidence, such as dens, observed at any time during
construction, shall be promptly reported to the reviewing agencies for
resolution.
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6 A I: E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
5.8-6c During construction, all pipes, culvers or similar structures with a diameter of
four inches or greater shall be kept capped to prevent entry of the kit fox. If not
capped or otherwise covered, the openings shall be inspected twice daily in the
morning and evening and prior to burial or closure, to ensure no kit foxes or
other wildlife become entrapped or buried in pipes.
5.8-6d Exclusion zones shall be established for any kit fox dens identified outside the
boundaries of the construction zone. Exclusion zones refer to any area
recognized as having dens within the proposed Project (identified during pre-
construction surveys) that are not currently under construction. If a portion of
the Project site is under construction, and there are identified dens elsewhere
on the Project site, the exclusion zone provides that the dens will not be
disturbed by construction equipment, until such a time that the exclusion zones
are removed.
5.8-6e The Project Applicant shall pay a Habitat Mitigation fee for impacts to the San
Joaquin kit fox, including compliance with all appropriate terms and conditions
in accordance with the MBHCP and §15.78.030 of the Municipal Code for the
City of Bakersfield.
Tipton Kangaroo Rat
5.8-7 DUE TO THE EXISTING ON-SITE AND SURROUNDING LAND USES,
POTENTIAL IMPACTS TO SENSITIVE SPECIES, SUCH AS THE TIPTON
KANGAROO RAT, MAY OCCUR.
Facts Supporting Finding
The Project site provides suitable foraging habitat for the Tipton kangaroo rat and is
within the known mapped distribution of the species. Additionally, the CNDDB
documents the presence of the species in the vicinity of the proposed Project site. The
proposed Project has the potential to result in adverse impacts to the Tipton kangaroo
rat and/or its habitat and will result in impacts to foraging habitat for the species.
Potential direct adverse impacts include direct mortality from vehicle collision,
entrapment in open pipes, trenches or pits and contamination. Habitat loss, degradation,
and fragmentation are also potential direct adverse impacts to the species resulting from
Project implementation. Potential indirect impacts to the species resulting from the
proposed Project include those associated with human habitation of property, such as
increased traffic, refuse, "pest control", domestic pets, and pedestrian use of adjacent
open lands. Such potential impacts to the species resulting from the implementation of
the proposed Project would be a "take" of the Tipton kangaroo rat and be considered a
significant effect. However, because the proposed Project lies within the MBHCP area,
mitigation and compensation requirements of the implemented MBHCP will reduce these
potential impacts to a level of insignificance.
Mitigation Measures 5.8-7(a-d) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.8-7a The Applicant/Developer shall retain a qualified biologist to conduct apre-
construction survey of the Project site; attention shall be given to existing grass
lands, debris piles and mapped potential dens. Any identified Tipton kangaroo
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
rat burrows on-site shall be monitored, excavated, and backfilled following
MBHCP, CDFG, and USFWS guidelines and authorization. The pre-
construction survey shall be submitted to the City of Bakersfield Planning
Department, prior to site disturbance. In the event that Tipton kangaroo rats
are detected during trapping surveys, the Applicant/Developer shall notify the
CDFG to assist in the relocation of those animals prior to excavation of burrow
locations.
5.8-7b Exclusion zones shall be established for any Tipton kangaroo rat burrows
identified outside the boundaries of the construction zone. Exclusion zones
refer to any area recognized as having burrows within the proposed Project
(identified during pre-construction surveys) that are not currently under
construction. If a portion of the Project site is under construction, and there are
identified burrows elsewhere on the Project site, the exclusion zone provides
that the burrows will not be disturbed by construction equipment, until such a
time that the exclusion zones are removed.
5.8-7c Prior to any construction activities, a qualified biologist shall conduct a
preconstruction briefing for construction personnel on Tipton kangaroo rat
biology, regulatory responsibilities regarding the Tipton kangaroo rat and the
Project, and protection measures to be implemented. Proof of briefing/training
shall be submitted to the City of Bakersfield Planning Department.
5.8-7d The Project Applicant shall pay a Habitat Mitigation fee for impacts to the
Tipton kangaroo rat, including compliance with all appropriate terms and
conditions in accordance with the MBHCP and §15.78.030 of the Municipal
Code for the City of Bakersfield.
Blunt-nosed Leopard Lizard
5.8-8 DUE TO THE EXISTING ON-SITE AND SURROUNDING LAND USES,
POTENTIAL IMPACTS TO SENSITIVE SPECIES, SUCH AS THE BLUNT-
NOSED LEOPARD LIZARD, MAY OCCUR.
Facts Supporting Finding
The Project site is within the mapped distribution for the blunt-nosed leopard lizard.
Additionally, the CNDDB documents the presence of the species in the vicinity of the
proposed Project site. However, no blunt-nosed leopard lizards were identified on the
Project site. Furthermore, any potential habitat is severely degraded from continuous
grazing and OHV activity. Marginal habitat was identified in a small, approximately one
acre, section of the Project site along the southeastern boundary of the property. The
proposed Project has minimal potential to result in adverse impacts to blunt-nosed
leopard lizard and/or its habitat. Potential direct adverse impacts include direct mortality
from vehicle collision, entrapment in open pipes, trenches, or pits, and contamination.
Potential indirect impacts to the species resulting from the proposed Project include
those associated with human habitation of adjacent property, such as increased traffic,
refuse, domestic pets, and pedestrian/equestrian use. However, the specific location
where marginal habitat is identified is designated for open space land use. Therefore,
potential adverse impacts, whether direct or indirect, resulting from Project
implementation will be negligible. Mitigation measures are provided to reduce impacts to
less than significant levels.
JN 60-100320 65 December 2008
B A I: E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Mitigation Measures 5.8-8(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.8-8a Prior to the commencement of construction activities, the one acre of potential
blunt nosed leopard lizard habitat identified along the southeastern boundary of
the property shall be fenced with rigid untextured material (such as sheet
metal) to prevent individual lizards from potentially entering any adjacent
construction areas. To avoid capture, fencing shall be sited as to not corral
animals into an enclosed area (i.e., complete encircling shall be avoided).
Fencing shall be inspected regularly by a qualified field biologist to ensure the
fencing remains intact throughout the duration of construction adjacent to this
habitat. Proof of the exclusionary fencing shall be submitted to the City of
Bakersfield Planning Department.
5.8-8b If blunt-nosed leopard lizards are observed from the survey required by
Mitigation Measure 5.8-8a, consultation with USFWS and CDFG shall be
initiated under Section 7 or Section 10 of the Endangered Species Act and the
California Endangered Species Act. No activities shall occur until Incidental
Take authorization has been obtained from the CDFG and USFWS.
Sensitive and Nesting Birds
5.8-9 POTENTIAL IMPACTS TO SENSITIVE SPECIES, SUCH AS SENSITIVE AND
NESTING BIRDS, MAY OCCUR.
Facts Supporting Finding
Special-status birds have potential to occur within the Project site. However, it is unlikely
any of these species, with the exception of the burrowing owl, will use the Project site for
nesting purposes due to the lack of suitable nesting habitat. Implementation of the
proposed Project will result in adverse impacts to burrowing owl foraging and nesting
habitat. Disturbance of the sensitive bird species listed in this section would be
prohibited under several acts, codes, or policies, including CEQA, CDFG Code, CESA,
or the MBTA. The Project will result in adverse impacts to foraging habitat for sensitive
bird species and raptors. Red-tailed hawk roosts were identified on the subject property
during the survey. Disturbance of all nesting birds, sensitive and non-sensitive is
prohibited by §3503 of the CDFG Code. Mitigation measures are provided to reduce
impacts to less than significant levels.
Mitigation Measures 5.8-9(a-c) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.8-9a Prior to the commencement of grading activities, the Applicant/Developer shall
retain a qualified biologist to verify the presence or absence of any previously
unidentified protected species, which are not addressed in the MBHCP. If
encountered, the USFWS and CDFG shall be notified of previously unreported
protected species. Any take of protected wildlife shall be reported immediately
to the CDFG and USFWS. No activities shall occur until Incidental Take
authorization has been obtained from the CDFG and USFWS.
JN 60-100320 66 December 2008
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8 A F: E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
5.8-9b Seven days prior to the onset of construction activities during the raptor nesting
season (February 1 to June 30), a qualified biologist shall survey within 500
feet of the project impact area for the presence of any active raptor nests
(common or special status). Any nest found during survey efforts shall be
mapped on the construction plans. If no active nests are found, no further
mitigation would be required. Results of the surveys shall be provided to the
CDFG.
If nesting activity is present at any raptor nest site, the active site shall be
protected until nesting activity has ended to ensure compliance with Section
3503 and 3503.5 of the California Fish and Game Code and the Migratory Bird
Treaty Act.. To protect any nest site, the following restrictions to construction
activities are required until nests are no longer active as determined by a
qualified biologist: 1) clearing limits shall be established within a 500 foot buffer
around any occupied nest, unless otherwise determined by a qualified biologist
and 2) access and surveying shall be restricted within 300 feet of any occupied
nest, unless otherwise determined by a qualified biologist. Any encroachment
into the buffer area around the known nest shall only be allowed if the biologist
determines that the proposed activity will not disturb the nest occupants.
Construction can proceed when the qualified biologist has determined that
fledglings have left the nest.
If an active nest is observed during the non-nesting season, the nest site shall
be monitored by a qualified biologist, and when the raptor is away from the
nest, the biologist will flush any raptor to open space areas. A qualified
biologist, or construction personnel under the direction of the qualified biologist,
will then remove the nest site so raptors cannot return to a nest.
5.8-9c The Project Applicant 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, the use of agency-approved buffer zones shall be
implemented and full avoidance of nest shall occur until the young have
fledged. Additionally, the following measures, taken from the Staff Report on
Burrowing Owl Mitigation (CDFG 1995) shall be followed in order to minimize
impacts, preserve habitat, and reduce potential impacts to burrowing owls to a
level of less than significant.
Occupied burrows shall not be disturbed during the nesting season
(February 1 through August 31) unless a qualified biologist approved by the
CDFG 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
techniques as described in the Staff Report on Burrowing Owl Mitigation
should be used rather than trapping. At least one or more weeks will be
necessary to accomplish this and allow the owls to acclimate to alternative
burrows.
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Long-Term Impacts
5.8-11 THE PROPOSED PROJECT WOULD RESULT IN PERMANENT LONG-
TERM IMPACTS ON BIOLOGICAL RESOURCES COMPARED TO EXISTING
CONDITIONS.
Facts Supporting Finding
The following impact analysis evaluates long-term implications of the proposed Project
on biological resources.
Wildlife Impacts
Future development of the approximately 1,863-acre Project site would result in the loss
of native and non-native vegetation associations, and the wildlife habitat they provide.
Both native and non-native habitats within the Project site may provide nesting, foraging,
and denning opportunities for a wide variety of wildlife species. However, non-native
habitats generally provide low quality wildlife habitat. The future removal of native and
non-native habitats within the Project site would result in the loss of small mammals,
reptiles, amphibians, and other animals.
Wildlife Movement
The conversion of the Project site from vacant land to developed uses has the potential
to impact small mammals, reptiles, amphibians and other animals of slow mobility that
are present within the Project area. More mobile wildlife species now using the Project
site would be forced to move into remaining areas of open space, consequently
increasing competition for available resources in those areas. This situation would result
in the loss of individuals within the wildlife population that cannot successfully compete.
The loss of disturbed native and non-native habitats from future on-site development
would not result in any substantial reduction of general wildlife population in the region
because a substantial amount of open space is being provided by the Project and is
available adjacent to the Project site. Therefore, these impacts are considered to be less
than significant.
The proposed residential and commercial uses would also increase the amount of traffic
locally and the potential for vehicular mortality of threatened, endangered and other
protected species, including migratory birds. Implementation of required mitigation
measures would reduce the significance of vehicular mortality rates. The proposed
Project is subject to all appropriate terms and conditions of the MBHCP and Section
15.78.030 of the Municipal Code for the City of Bakersfield. Impacts in this regard are
therefore considered less than significant.
Noise
The completed Project would result in increased traffic volumes and noise levels that
would presumably increase over present levels as the traffic and occupancy increases.
A portion of the Project site is currently influenced by vehicular noise sources from SR-
178 and Rancheria Road. However, because of the large areas of open space available
adjacent to the proposed Project, the introduction of future residential and commercial
uses on-site would result in less than significant noise impacts to wildlife.
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B A is E R S F I E L D
Night Lighting
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Night lighting would increase due to car headlights and Project related parking and night
lighting during and after completion of the proposed Project. Lighting associated with car
headlights would not be consistent throughout the night, and most of the light would not
stray onto adjacent properties. Additionally, the night lighting proposed for the Project is
designed to reduce stray light into adjacent areas. Resident animals are already
acclimated to existing lighting associated with the adjacent development and roadways
in the region. Refer to Section 5.4, AESTHETICS, LIGHT AND GLARE, for measures to
reduce light spillover. Therefore, Project-related night lighting would be considered less
than significant.
Food Waste and Garbage
Extensive litter frequently accumulates around residential and/or commercial
developments. The San Joaquin kit fox and other animals may eat plastic sandwich
bags or other non-food garbage items that may cause their death. Solid waste debris
and litter may also accumulate and become a fire hazard. Both waste and fire can have
adverse effects on wildlife habitats. In addition, solid wastes may attract coyotes from
the adjacent agricultural areas that could impact the urban San Joaquin kit fox. The
provision to include covered litter barrels at appropriate locations would reduce this
impact to less than significant levels.
Mitigation Measures 5.8-11(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.8-11a The Project Applicant shall pay a Habitat Mitigation fee, including compliance
with all appropriate terms and conditions in accordance with the MBHCP and
Section 15.78.030 of the Municipal Code for the City of Bakersfield.
5.8-11b Lighting shall be shaded or shielded and directed down and away from
adjacent agricultural and open space areas to minimize increased predation of
species that may be using the adjacent open space and agricultural fields.
Refer to Section 5.4, AESTHETICS, LIGHT AND GLARE, regarding light spill
over and glare mitigation measures.
CULTURAL RESOURCES
Prehistoric /Historic Resources
5.9-1 IMPLEMENTATION OF THE PROPOSED PROJECT MAY CAUSE A
SIGNIFICANT IMPACT TO PREHISTORIC OR HISTORIC RESOURCES.
Facts Suooorting Finding
The proposed Project is included in an area that was historically inhabited and important
to people during the prehistoric era. It is possible that erosional or depositional
processes, along with the use of the proposed Project site for agricultural uses have
obscured cultural resources or human remains that may be present. It should be noted
that during detailed mapping of sites such as CA-KER 1107, additional boulders
containing milling elements may be found.
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9 A K E R 5 F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
While it is unlikely that significant village or habitation sites exist within the area, there is
always the potential, regardless of how remote, that cultural resources or human
remains may yet be unearthed during construction. Uncovering prehistoric and/or
historic resources could result in damage or destruction of such resources, which would
constitute a significant impact.
To minimize construction-related impacts to prehistoric and historic resources, Mitigation
Measures 5.9-1a through 5.9-1d are required. This mitigation program is developed to
identify any potential resources and to accomplish a data recovery program adapted to
the nature of resources found, sufficient to reduce the impact to less than significant.
Mitigation Measures 5.9-1(a-d) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
Construction Monitoring
5.9-1a All construction personnel shall undergo a cultural resources orientation and
awareness training prior to commencing work activities on the site. Such
training shall include familiarization with the stop-work restrictions, noticing, and
handling procedures, and ultimate disposition of ratifications. The operator shall
provide the City with a verification list of the employees completing the
orientation.
5.9-1 b If archaeological resources are discovered during excavation and grading
activities on-site, the contractor shall stop all work and shall retain a qualified
archaeologist to evaluate the significance of the finding and appropriate course
of action. Salvage operation requirements pursuant to Section 15064.5 of the
CEQA Guidelines shall be followed and the treatment of discovered Native
American remains shall comply with State codes and regulations of the Native
American Heritage Commission. Work shall not commence until a qualified
archaeologist is consulted to determine the significance of the find, and has
recommended appropriate measures to protect the resource in accordance
with the following standards:
• A qualified archaeologist shall prepare for the City an Assessment and
Mitigation Plan, in consultation with the Native American Heritage
Commission and local tribes, if appropriate.
The Assessment shall define the extent and steps necessary to mitigate
the project impacts on the find. Discovered cultural resources shall be
stored in a protected environment to prevent vandalism, damage, or theft;
until such time as they are examined by an archaeologist and/or Native
American consultant, as appropriate. Actions may then include removing
and relocating the materials to an appropriate repository based on
consultation with the Native American Heritage Commission and local
tribes. Any Native American artifacts discovered shall be returned to the
local Native American Community, which shall be responsible for the
disposition of these materials.
Further disturbance of the resource shall not be allowed. until those
recommendations deemed appropriate by the City have been
implemented.
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B A 1: E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
5.9-1c If human remains are discovered as a result of the proposed Project
during development, all activity shall cease immediately, the Contractor
shall notify the Kern County Coroner's Office immediately under state law,
and a qualified archaeologist and Native American monitor shall be
contacted. Should the Coroner determine the human remains to be
Native American, the Native American Heritage Commission shall be
contacted pursuant to Public Resources Code §5097.98.
Testino and Evaluation of Prehistoric /Historic Resources
5.9-1d Prior to recordation of a Final Tract Map affecting the following sites: CA-
KER-308, CA-KER-670, CA-KER-1107, CA-KER-1423, CA-KER-4595,
CA-KER-5307, CA-KER-6166, RBR-1, RBR-2, RBR-3, RBR-6,
archaeological data recovery shall be conducted to determine the nature,
extent, and significance in accordance with applicable provisions of the
Public Resources Code. The archaeological data recovery shall include
the following:
Test excavations shall be conducted in association with all prehistoric
archaeological sites to determine whether there exists a subsurface
artifactual component in association with them. These tests shall include,
as a minimum, the number of test excavation units recommended in the
Cultural Resource Survey, prepared by Archaeological Associates of
Kern County, dated April 2008.
• Radiocarbon dates, obsidian tracing and hydration dating, archaeofaunal
analysis, historic artifact analysis, evaluation of the age and cultural
affiliation of all shell, glass, and stone beads, and identification of the age
and character of the historic material shall be performed on all suitable
materials that are recovered.
• Following the data recovery excavations, a Preliminary Archaeological
Report shall be prepared and submitted to the City. This document shall
provide the preliminary findings regarding the significance of the
cultural/historical resource, identify appropriate measures to minimize
harm, and be suitable for compliance documentation.
• Site CA-KER-4595 has been accepted to the National Register of Historic
Places. Future development shall be sited to avoid impacts to CA-KER-
4595 by incorporating the area into an open space or greenbelt area.
• A Final Technical Report that includes the results of all analyses shall be
completed within approximately one year of completion of the field work.
The report shall be submitted to the City and to the Southern San Joaquin
Valley Information Center.
Paleontological Resources
5.9-2 IMPLEMENTATION OF THE PROPOSED PROJECT MAY CAUSE A
SIGNIFICANT IMPACT TO BURIED PALEONTOLOGICAL RESOURCES ON-
SITE.
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~___~ Rio Bravo Ranch Project
B A A E R S P I E L O GPA/ZC 06-1722
SCH No. 2007101060
Facts Supporting Finding
Based on known vertebrate fossil occurrences in the contiguous deposits of the Kern
River Formation, excavations in the proposed Project area have a good chance of
encountering significant, and perhaps rare, fossil vertebrate remains. As a
precautionary measure, a qualified paleontologist would be retained to inspect the
excavations and resultant soils for the presence of fossil remains. If potentially
significant fossil remains are identified, appropriate paleontological measures would be
implemented to salvage the materials for study at a local institution such as the Buena
Vista Museum of Natural History. Implementation of the required mitigation measures
would reduce impacts to a less than significant level.
Mitigation Measure 5.9-2 of the Final EIR reduce impacts below a level of significance.
The measure is as follows:
5.9-2 A qualified paleontologist or archaeologist shall be retained to examine
earthwork soils generated during construction activities. If paleontological
resources are discovered, the contractor shall stop all work and the
paleontologist shall evaluate the significance of the finding and the appropriate
course of action. A report of the paleontological findings shall be submitted to
the City of Bakersfield Planning Department, prior to final tract recordation.
PUBLIC SERVICES AND UTILITIES
Fire Protection
5.10-1 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD RESULT IN
THE NEED FOR ADDITIONAL FIRE FACILITIES OR PERSONNEL.
Facts Supporting Finding
The proposed Project has the potential of having short-term construction-related
impacts. If during construction there is a need to redirect traffic or block access routes
or residential streets, potential delays in emergency response could result. This
temporary impact would not be considered significant; however, mitigation measures
pertaining to coordination during construction are provided to reduce impacts to less
than significant levels (refer to Section 5.5, TRAFFIC AND CIRCULATION). Additionally,
compliance with fire safety standards and requirements such as interior sprinkler
systems, fire alarms, emergency access, and adequate fire flow at public and on-site
hydrants would be required during the plan check process and would reduce impacts to
less than significant levels.
Mitigation Measures 5.10-1(a-c) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.10-1a With submittal of each final tract map, the proposed development shall be
reviewed by the City of Bakersfield Fire Department to ensure Department
requirements for access, fire flow, hydrants, or other fire and life safety
requirements are adequately addressed.
5.10-1 b Residential Projects shall meet fire-flow requirements in accordance with
relevant City building codes and City fire codes.
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CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
5.10-1c Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term
construction mitigation measures.
Police Protection
5.10-2 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD RESULT IN
THE NEED FOR ADDITIONAL POLICE FACILITIES OR PERSONNEL.
Facts Supporting Finding
Similar to the fire protection services, the proposed Project has the potential of having
short-term construction related impacts. If during construction there is a need to redirect
traffic or block access routes or residential streets, potential delays in police response
could result. Furthermore, construction areas may require additional police monitoring
throughout the duration of Project construction both during day and nighttime periods.
These temporary impacts would not be considered significant; nonetheless, mitigation
measures pertaining to coordination during construction are provided to ensure potential
impacts are reduced to a less than significant level.
Mitigation Measures 5.10-2(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.10-2a With submittal of tract maps, the City shall ensure that fundamental safety
components are included in proposed Project design. These components
include, but are not limited to:
Preventing visual hindrances in regards to public gathering locations.
Planning considerations and elimination of traffic hazards at the Project's
conceptual level.
Preventing the manufacturing of unintentional isolation locations for
individuals while engaged in recreational and/or conveyance in or around
the Project site.
5.10-2b Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term
construction mitigation measures.
Schools
5.10-3 DEVELOPMENT OF THE PROJECT SITE WOULD GENERATE ADDITIONAL
STUDENTS BEYOND EXISTING CONDITIONS.
Facts Supporting Finding
The approximately 4,688 dwelling units proposed as part of this Project are within the
Bakersfield City School District boundaries. Using an estimated overall student
generation rate of 0.4881 per residential unit (both single and multi-family units), the
proposed Project would result in 2,288 students (Kindergarten through eighth grades) at
Project build-out. The development of the proposed Project would generate additional
JN 60-100320 73 December 2008
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B A is E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
students beyond existing conditions and would require the construction of additional
school facilities to serve the increased population.
All Kern High School District schools (grades 9-12) are currently overcrowded, with the
exception of Bakersfield High, which is projected to be at capacity in the fall, 2008. In
addition, Kern High School District boundaries will change in fall, 2008, which will affect
the areas served by the proposed Project. The proposed Project area north of SR-178
will transition from East High School to Highland High School. In a year-by-year
transition starting with incoming 9th grade students, by 2011, all students in the transition
area will attend Highland High School. Highland High School's current enrollment is
2,077.
Kern High School District adds capacity to existing schools and builds new sites as
needed. The timeline for such changes is dependent on overall Project build-out. Kern
High School District will open two new schools in August 2008, and anticipates another
opening in August 2012, depending on the pace of growth. Additionally as tract maps
are designed and reviewed, applicants will be required to pay the appropriate impact-
based school fees at the latest rates established. Impacts would be less than significant.
The proposed Project would not result in substantial adverse impacts associated with
the provision of new schools and the requirement to contribute development impact fees
to the Districts in accordance with the above-mentioned standards and policies.
Mitigation Measure 5.10-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-3 The School District has adopted the alternative fees authorized by Government
Code Sections 65995.5 and/or 65995.7; therefore, prior to issuance of a
building permit for any residence within the Project area, the Applicant shall
pay fees to Bakersfield City School District in the amount of $1.71 per square
foot of residential construction, and $0.27 for commercial property.
The Kern High School District assesses fees set by the State Allocation Board.
The Kern High School District receives a share of those fees in the amounts of
$0.92 per square foot for residential development. All fees are subject to
adjustment every two years. The proposed Project would be required to
contribute development impact fees to the District in accordance with the
above-mentioned standards and policies.
Parks and Recreation
5.10-4 DEVELOPMENT OF THE PROJECT SITE WOULD CREATE ADDITIONAL
DEMAND ON PARKS AND RECREATION FACILITIES.
Facts Supporting Finding
Public facility improvements from the proposed development and eventual build-up of
this area will result in an increase in maintenance responsibility for the City of
Bakersfield. This potential increase in maintaining services would be paid for by property
tax revenues generated by this development or by establishing Maintenance Districts to
be paid for by the homeowners. County regional park facilities, including Hart Park, will
result in an increase in usage and maintenance responsibility for the County of Kern.
JN 60-100320 74 December 2008
B A K E R 5 F t E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
This potential increase in maintaining services would be paid for by the increase in
property tax revenues generated by this development. Analysis has concluded that
impacts are less than significant with the incorporation of mitigation.
Mitigation Measure 5.10-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-4 Prior to the recordation of a final tract map, the 28.13 acres of proposed
parkland and trail easements land shall be dedicated to the City for park uses.
Water Resources
5.10-5 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD REQUIRE THE
EXPANSION OF EXISTING WATER DISTRIBUTION OR SUPPLY
FACILITIES WITHIN THE PROJECT AREA.
Facts Supporting Finding
Although water supply for the proposed Project site is expected to be sufficient,
additional infrastructure would be required to reach and distribute water to the Project
site. All water distribution infrastructures would be installed as part of the proposed
Project as development progresses within the Project site. The Project applicant would
be required to pay all required fees for the connection and extension of water services
infrastructure to the Project site. The specifics of the funding and construction would be
detailed in a development agreement between the Project Applicant and the City.
Implementation of mitigation would reduce impacts to less than significant.
Mitigation Measure 5.10-5 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-5 Prior to Project development, the Applicant shall coordinate with Cal Water in
regards to a will serve letter indicating its intention to serve as the water utility
for providing water service to the proposed Project.
Solid WastelLandfills
5.10-7 IMPLEMENTATION OF THE PROPOSED PROJECT MAY RESULT IN
INCREASED DEMAND FOR SOLID WASTE SERVICES. SHORT-TERM
CONSTRUCTION IMPACTS RESULTING FROM CONSTRUCTION DEBRIS
WOULD INCREASE SOLID WASTE ON A TEMPORARY DURATION.
Facts Supporting Finding
Waste from the Project site would be disposed of at the Bena Sanitary Landfill. The
Kern County Waste Management Department has determined that the Bena Sanitary
Landfill has adequate capacity to serve the Project site; however, additional space and
equipment at the City's recycling facility is anticipated with respect to solid waste service.
According to the Kern County Waste Management Department, the proposed Project is
anticipated to generate approximately 24,101 tons of solid waste per year.
JN 60-100320 75 December 2008
B A K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
According to the Kem County Waste Management Siting Element 2003 Annual Report,
the anticipated disposal capacity of the Bena landfill in the year 2018 is 579,265 tons per
year, with the remaining permitted capacity, as of January 1, 2003, of 22,367,758 tons.
Therefore, the Bena landfill has sufficient capacity to accommodate the proposed
Project. With the implementation of applicable recycling programs and mitigation
measures listed below, impacts would be reduced to a less than significant level.
Mitigation Measures 5.10-7(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.10-7a Prior to issuance of any building permit, the Project Applicant shall submit, for
review, a Construction and Demolition Recycling Plan to the KCWMD. The
Recycling Plan shall include a plan to separate recyclable/reusable
construction debris. The plan shall include the method the contractor will use
to haul recyclable materials and shall include the method and location of
material disposal.
5.10-7b Prior to issuance of any building permit, the Project Applicant shall provide
universal waste collection to the Project site along with potential mandatory
collection for curbside recycling.
Electrical Services
5.10-8 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD REQUIRE
TEMPORARY USE OF ELECTRICITY DURING CONSTRUCTION AND
LONG-TERM ELECTRIC CONSUMPTION. ELECTRICITY USE WOULD
RESULT IN EXCESSIVE POWER CONSUMPTION THAT WOULD RESULT
IN SIGNIFICANT IMPACTS ON EXISTING FACILITIES.
Facts Supporting Finding
Electricity distribution facilities are currently running through the proposed Project site.
According to PG&E, the proposed Project is anticipated to have an approximate load of
9 megawatts. Additionally, PG&E indicated that the existing facilities can not adequately
serve the proposed Project. The PG&E facilities will need to be upgraded and new
distribution and substation equipment will be required to serve the proposed Project.
During construction, the Project would require temporary electrical power supply for
certain equipment and lighting. The proposed Project would also require electricity for
street lighting along roadways. The connections would be constructed in accordance
with the requirements of the City of Bakersfield. The Project contractor shall coordinate
with PG&E staff prior to construction regarding any potential service or facility issues.
With incorporation of the mitigation measure listed below, less than significant impacts
are anticipated in this regard.
Mitigation Measures 5.10-8(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.10-8a Prior to approval of a tentative tract map, the Project Applicant/Developer
shall coordinate with PG&E staff early in the planning stages to ensure that
adequate facilities are incorporated in the proposed Project as soon as
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E A k E R 5 F 1 E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
possible. In addition, the Project Applicant/Developer shall coordinate with
PG&E staff prior to construction regarding any potential service of facility
issues.
5.10-8b All main lines adjacent to the roadways shall be brought to the ultimate
width prior to recordation of each phase. In addition, utility easements shall
be readily available.
Natural Gas
5.10-9 IMPLEMENTATION OF THE PROPOSED PROJECT MAY RESULT /N
INCREASED DEMAND FOR NATURAL GAS SERVICES.
Facts Supporting Finding
PG&E indicated that an eight-inch diameter distribution gas main is located
approximately 0.6 miles to the west of the proposed Project site at SR-178 and
Miramonte Drive. Existing PG&E facilities can accommodate 2,400 residential units;
however, if more than 2,400 residential units are constructed (approximately 4,688 units
are proposed), then the back-building and reinforcement of facilities will be required.
Under this scenario, the eight-inch diameter gas main on SR-178 would need to be
extended 0.6 miles. The 20% of the proposed Project that is in open natural gas territory
will become PG&E territory once the gas mains are installed in the ground to supply the
Project. PGBE does not have any conflict with servicing the remaining 20% of the
proposed Project.
As tract maps and parcel maps become more defined, the Project Applicant will work
with PG&E to design and install the necessary infrastructure that would tie into existing
lines within existing roadways, including the extension of the existing eight-inch gas main
on SR-178. These infrastructure improvements would be provided by developers within
the site, who would work with PG&E to provide for the proper placement, capacity, and
design of natural gas regulator stations, gas mains, and distribution lines. Construction
of such facilities outside of the Project limits would be required to comply with all
pertinent measures and conditions of the City, PG&E, and Caltrans to ensure no
construction related impacts occur. Less than significant impacts are anticipated in this
regard.
Mitigation Measure 5.10-9 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-9 Prior to approval of a tentative tract map, the Project Applicant shall coordinate
with PG&E staff early in the planning stages to ensure that adequate facilities
are incorporated in the proposed Project as soon as possible. In addition, the
Project Developer shall coordinate with PG&E staff prior to construction
regarding any potential service of facility issues.
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B A I: E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
GEOLOGIC RESOURCES
Soil Erosion
5.11-1 FUTURE DEVELOPMENT OF THE PROPOSED PROJECT SITE MAY
RESULT IN SUBSTANTIAL SOIL EROSION.
Facts Suooortina Finding
Based on the soil descriptions described above, the soils located on-site are moderately
fine textured and well drained. Grading operations associated with future development
of the proposed Project and the resultant manufactured embankments could increase
the potential for erosion and siltation both during and after construction. The potential
effects of soil erosion may be mitigated by the use of sandbags, hydroseeding,
landscaping, and/or soil stabilizers. The contractor will be required to submit a Storm
Water Pollution Prevention Plan (SWPPP), which includes erosion control measures in
order to comply with the National Pollutant Discharge Elimination System (NPDES);
requirements of the Federal Clean Water Act (CWA).
On-site grading shall occur in conformance with established City engineering guidelines
and shall be balanced on-site. Grading and slope contouring shall adhere to appropriate
provisions as set forth in the Bakersfield Municipal Code. Compliance with this measure
is subject to review and approval by the City Engineer through the development review
process.
Earthwork would also be performed in conformance with approved grading plans and
any applicable geotechnical reports prepared for future developments on-site. The
overall shape, height, and grade of any cut and fill slope contour shall be developed in
concert with the existing natural contours and scale of the natural terrain. The graded
form shall reflect the natural, rounded terrain, wherever possible. The grading plan shall
also reflect a contouring and landscaping program intended to control erosion.
Compliance with this measure is subject to review and approval by the City Engineer
through the development review process. Implementation of appropriate grading
measures and a SWPPP would reduce the potential impacts to less than significant
levels.
Mitigation Measures 5.11-1(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.11-1a Prior to issuance of grading permits for each development, a site specific soils
report shall be completed to the satisfaction of the City Engineer, that further
characterizes and analyzes on-site soil conditions, and identifies appropriate
measures to be implemented to control erosion and dust. The results of the
study shall be used as the basis to complete the required Storm Water
Pollution Prevention Plan (SWPPP), which includes erosion control measures
in order to comply with the National Pollution Discharge Elimination System
(NPDES) requirements of the Federal Clean Water Act. Temporary,
construction-related and permanent erosion control measures may include but
not be limited to the use of sandbags, hydroseeding, landscaping, and/or soil
stabilizers.
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CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
5.11-1b The overall shape, height and grade of any cut and fill slope contour shall be
developed in concert with the existing natural contours and scale of the natural
terrain, as prescribed in the Municipal Code. The graded form shall reflect the
natural, rounded terrain, wherever possible. The grading plan shall also reflect
a contouring and landscaping program intended to control erosion.
Compliance with this measure is subject to review and approval by the City
Engineer through the development review process.
Seismic Ground Shaking
5.11-3 FUTURE DEVELOPMENT ON-SITE WOULD INCREASE THE NUMBER OF
PEOPLE AND STRUCTURES EXPOSED TO EFFECTS ASSOCIATED WITH
SEISMICALLY INDUCED GROUND SHAKING.
Facts Supporting Finding
The intensity of future seismic activity at the proposed Project site is expected to be no
greater than for other sites in the vicinity. The site is expected to experience ground
shaking as a result of regional seismic activity. Due to the site's proximity to several
faults located in the area, ground shaking could be substantial. These impacts
associated with seismically induced ground shaking are considered potentially
significant. To ensure the safety of life and property, future development on the
proposed Project site will be designed in strict accordance with the minimum earthquake
regulations of the CBC, and the Municipal Code including Chapter 17.66, Hillside
Development relating to grading, slope contours, and hillside development guidelines.
To provide the adequate level of information to properly design and engineer future
development, and engineering geologist would perform additional design-level
geotechnical studies and submit to the City for approval. The compliance of future
development with recommended mitigation measures and CBC standards would reduce
potential impacts with seismic ground shaking to a less than significant level.
Mitigation Measure 5.11-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.11-3 Engineering design for all future structures shall be based on the probability
that the proposed Project will be subjected to strong ground motion during the
lifetime of development. Future Project development plans shall be subject to
the Municipal Code (including Chapter 17.66, Hillside Development) and shall
include standards that address seismic design parameters. Seismic ground
shaking shall be incorporated into design and construction in accordance with
the CBC requirements and site-specific design.
Landslides
5.11-5 DUE TO THE EXISTING TERRAIN, IMPLEMENTATION OF THE PROPOSED
PROJECT MAY EXPOSE PEOPLE TO SEISMICALLY INDUCED
LANDSLIDES AND SLOPE INSTABILITY.
JN 60-100320 79 December 2008
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B A A E R S f l E L 0
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Facts Supporting Finding
The proposed Project site is located in the rural northeast area of Metropolitan
Bakersfield. The northeast area consists of slopes exceeding 20 percent and elevations
exceeding 1,000 feet. Future development of the proposed Project could potentially be
significantly impacted by seismically induced landslides resulting from strong ground
motion from nearby earthquakes, erosion, or adverse conditions created during grading
activities. The northeast and southern portions of the proposed Project are not
considered suitable for development due to the existing steep terrain (slopes exceeding
30%). As such, future development of the site would require strict adherence to the
CBC, the Municipal Code, including Chapter 17.66, Hillside Development, and standard
engineering practices and design criteria. Specific slope stability calculations, analysis
and the design of slopes are required during future geotechnical studies prior to
construction. Potential impacts associated with seismically induced landslides would be
less than significant following compliance with required mitigation measures, the
Municipal Code, earthquake regulations of the CBC, and standard engineering practices
and design criteria.
Mitigation Measures 5.11-5(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.11-5a Refer to Mitigation Measure 5.11-3, above.
5.11-5b To ensure stability, created slopes shall be keyed, benched and compacted to
the satisfaction of the City Building Director. Specific slope stability
calculations, analysis and design of slopes shall be conducted during the future
geotechnical studies on aproject-by-project basis and submitted to the City
Building Director for approval prior to issuance of grading permits.
HYDROLOGY AND WATER QUALITY
Flow Patterns/Flood Impacts
5.12-1 FUTURE DEVELOPMENT ON-SITE WOULD RESULT IN INCREASED
SURFACE RUNOFF AND MAY RESULT IN POTENTIAL FLOODING
IMPACTS OFF-SITE.
Facts Supporting Finding
The residential and commercial development, landscaping, and roadways would alter
the drainage pattern within the proposed Project area, due to the impervious surfaces
that will be introduced. The use of storm drain infrastructure reduces the amount of
surface runoff and would potentially reduce flooding impacts. A typical storm drain
system is anticipated to be used on the proposed Project. Curb and gutter, curb inlets,
catch basins, and storm drain pipe will be used to collect and route the storm water to
the proposed detention basins and to the discharge points. The use of drainage
channels in lieu of large sized storm drains may be utilized to route either onsite or
offsite drainage through the proposed Project to the natural drainage courses.
Additionally, some of the secondary tributaries may be altered in alignment and cross
section during the various phases of development to ensure safe conveyance of storm
water.
JN 60-100320 80 December 2008
~ CITY OF BAKERSFIELD
`-^r--.. Rio Bravo Ranch Project
B A K E R S F I E L D GPA/ZC 06-1722
SCH No. 2007101060
Runoff will be mitigated by utilizing detention basins placed at the downstream end of
the on-site watersheds to detain the flow. This will serve two purposes: first, to reduce
the flow to pre-development rates to guard against flooding and erosion; and second, to
combat unnecessary pollutants from entering the natural waterways. The overall
discharge volume will be increased, but after routing the flow through the detention
basins, the flow will be limited to the historic discharge rates.
Impacts of Proposed Roadways
The site includes plans for future construction of collector streets, and residential streets
to accommodate the area. The planned street segments would alter the natural flow
conditions, thereby resulting in impacts on the existing hydrologic and drainage patterns.
These potential impacts would be mitigated to a less than significant level with the
installation of drainage facilities along the proposed roadway to provide adequate
hydraulic capacity.
Drainage Right-of-Way Dedications
Right-of--way dedications would be required for future private property occupied by
drainage infrastructure. The nature of these dedications would depend upon final
designs for tracts.
Mitigation Measures 5.12-1(a-d) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.12-1a Work within the Special Hazard Flood Areas (SHFA) of the Kern River and
Cottonwood Creek shall be minimized, as any work within the flood zoned
areas would require approval and potential Flood Insurance Rate Map (FIRM)
revisions. Prior to recordation of a final tract map, any construction items such
as road crossings, placement of fill, and construction of detention basins within
the SHFAs shall require FEMA review and approval unless the work is
performed outside the established floodways.
5.12-1b Prior to recordation of a final tract map, should any watercourse need to be
disturbed, all work shall be performed in accordance with USACE
recommendations, and no work shall be performed without obtaining the proper
permits.
5.12-1c All onsite detention basins shall be designed in accordance with City of
Bakersfield standards and recommendations in accordance with Section
2.8.2.2 of the City of Bakersfield Subdivision Design Manual:
"Detention basins require special design consideration.
The engineer shall have the design method approved by the
Department of Public Works prior to designing the facility."
Prior to recordation of a Final Tract Map, the Project Applicant shall provide
confirmation that recommended design elements have been incorporated so
that the proposed Project would be adequately protected from the 100-year
storm, would not adversely impact downstream properties, and is designed in
conformance with applicable City requirements.
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B A A E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
cPazc os-1722
SCH No. 2007101 ORO
5.12-1d Prior to submittal of improvement plans for each phase or individual tentative
tract map, the Project Applicant shall provide a drainage study in conformance
with City of Bakersfield design guidelines, 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
5.12-3 IMPLEMENTATION OF GRADING, EXCAVATION AND CONSTRUCTION
ACTIVITIES ASSOCIATED WITH FUTURE AND POST DEVELOPMENT MAY
RESULT IN AN INCREASE /N URBAN POLLUTANT DISCHARGE
RESULTING /N IMPACTS TO WATER QUALITY.
Facts Suooortin4 Findino
With the future urban development of the site, the proposed Project would increase
urban pollutant discharge, especially during short-term construction phases. The
discharge of materials other than stormwater from a particular site is prohibited. With
urban development projects, the pollutants of concern include silt and sediment, oil and
grease, floatable trash, nutrients (including fertilizers), heavy metals, pathogens (such as
coliform bacteria), and other substances. Discharge of these substances, referred to as
"controlled pollutants", into waters of the United States is prohibited.
The proposed Project will utilize detention basins in order to reduce storm water
discharge rates to be equal to or less than historic rates, energy dissipation devices will
absorb excessive kinematic energy to ensure erosion of the earthen drainage courses is
minimized, and NPDES "first flush" systems will be utilized to ensure runoff is treated
prior to being released from the proposed Project area. Typically, these units are
designed to treat a small event such as a two or five-year storm, while a larger event
would bypass the system. The City of Bakersfield will specify design parameters during
the detailed design phase of the proposed Project.
Construction sediment erosion can be adequately controlled through the application of
standard construction BMPs. The goal of BMPs is to capture and treat "first flush"
stormwater run-off generated by surrounding and on-site watersheds. Water quality
management BMPs for grading and construction scenarios may include the use of sand
bags and straw bales for run-off diversion and velocity reduction, mulch topping, hydro-
seeding and siltation fencing to prevent soil loss and measures to minimize vehicular
leaking and spilling. Additionally, within Kern County, post-development compliance with
NPDES is regulated by the Kern County Standard Urban Water Mitigation Plan
(SUSMP). Projects within the City are required to comply with the SUSMP through the
implementation of the City's Drainage Manual. Implementation and compliance with the
NPDES requirements would reduce construction-related impacts on water quality to a
less than significant level and implementation and compliance with the SUSMP would
reduce post development impacts to less than significant levels.
JN 60-100320 82 December 2008 ~;
,~~~~-- • CITY OF BAKERSFIELD
.._,_,,,,,,~ Rio Bravo Ranch Project
D A 1: E R S F I E L D GPA/2C 06-1722
SCH No. 2007101060
Mitigation Measures 5.12-3(a-c) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.12-3a Prior to approval of individual development projects by the Director of Public
Works or his/her designee, the Project Applicant shall confirm that the Project
plans stipulate that prior to issuance of any grading permits, the Project
Applicant shall file a Notice of Intent (NOI) and pay the appropriate fees,
pursuant to the NPDES program.
5.12-3b Prior to grading plan approval, the Project contactors shall incorporate
stormwater pollution control measures into a SWPPP; BMPs shall be
implemented; and evidence that proper clearances have been obtained
through the SWRCB, including coverage under the NPDES statewide General
stormwater Permit for Construction Activities.
5.12-3c Prior to tract recordation, the Project Applicant of future projects shall prevent
any off-site impacts during the construction phase. Erosion control measures
and temporary basins for desiltation and detention shall be in place, as
approved by the Director of Public Works. The basins and erosion control
measures shall be shown and specified on the grading plans and shall be
constructed to the satisfaction of the Director of Public Works prior to the start
of any other grading operations.
MINERAL RESOURCES
Oil Well Abandonment
5.14-3 PROJECT IMPLEMENTATION MAY RESULT IN THE IMPROPER
PLACEMENT OF STRUCTURES ON UNSTABLE SURFACES ASSOCIATED
WITH EXISTING AND/OR FUTURE ABANDONED OIL WELLS LOCATED
WITHIN THE PROJECT BOUNDARIES.
Facts Suoporting Finding
Project implementation may result in the improper placement of structures on unstable
surfaces associated with existing and/or future abandoned oil wells located within the
Project boundaries. The oil wells pose a substantial risk to structures built on site
because the improper placement of structures may result in structural damage and/or
human safety hazards. These risks associated with Project implementation and
operation are considered a potentially significant impact. Abandoned wells identified
within the boundaries of the proposed Project with plans for development shall conform
to the reabandonment requirements of the DOGGR and the City of Bakersfield.
Implementation of the mitigation measures listed in Section 5.12.5 will reduce oil well
abandonment impacts to less than significant levels.
Mitigation Measures 5.14-3(a-d) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.14-3a Prior to construction, all abandoned oil wells shall be located and exposed for
inspection and leakage testing. Proof of proper abandonment shall be obtained
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B A K E R S F I E 6 D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
from DOGGR. Said proof, shall be submitted to the Planning Director prior to
recordation of final maps.
VIII.
5.14-3b Abandoned oil wells shall be surveyed and accurately plotted on all future
maps related to this Project with aten-foot no-build radius. A legible copy of a
map showing final Project design shall be submitted to the DOGGR.
5.14-3c Prior to tract recordation, DOGGR shall be contacted to obtain information on
the requirements for and approval to perform remedial plugging operations if
any other abandoned or unrecorded wells are uncovered or damaged during
excavation or grading.
5.14-3d Prior to tract recordation, on-site abandoned oil wells shall be examined for
contaminated soils. If such soils exist, the soil will be treated in place with best
available technology, or capped in place.
FINDINGS REGARDING INFEASIBILITY OF MITIGATION MEASURES FOR
SIGNIFICANT IMPACTS
The City of Bakersfield, having reviewed and considered the information contained in the
Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to
Public Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3) that (i), that
specific economic, legal, social, technological, or other considerations, make infeasible
the mitigation measures identified in the Final EIR and, therefore, the Project will cause
significant unavoidable impacts in the category of Aesthetics, Light and Glare, Noise,
and Agricultural Resources.
AESTHETICS, LIGHT AND GLARE
Long-Term Impacts to Scenic Resources
5.4-5 PROJECT IMPLEMENTATION WOULD PERMANENTLY ALTER VIEWS TO
DESIGNATED SCENIC RESOURCES.
Facts Supporting Finding
With implementation of the proposed Project, the views of designated scenic resources
would change. The proposed Project would significantly alter views of scenic
viewsheds, scenic vantage points, and the Kern River corridor, as well as views along a
designated potential local scenic highway (SR-178). Views along the designated scenic
recreational areas would be minimal as a result of existing view blockage provided by
vegetation and topographic features. Scenic viewsheds along the Kern River and on-
and off-site views of the Kern River corridor would be altered by the proposed Project as
a result of the introduction of low-density residential and suburban residential land uses.
Portions of the proposed Project would remain open space and designated park uses,
which would provide some relief from northern viewers looking to the south toward the
Project. Additionally, viewers within the proposed Project and travelers along SR-178
and Rancheria Road would have varying northward views of development and open
space.
JN 60-100320 84 December 2008
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• CITY OF BAKERSFIELD
-----.....,, Rio Bravo Ranch Project
B A K F R S F I E L U GPA/ZC 06-1722
SCH No. 2007101060
Off-site scenic vantage points would not have views of the proposed Project as a result
of the existing topography. However, one scenic vantage point would be impacted by
the Project. This scenic vantage point, located at Viewpoint 1 and Viewpoint 2 above,
would be altered from arural/open landscape to a suburban development. Views of the
background foothills and distant background Greenhorn Mountains would remain after
construction of the proposed Project.
All new development projects would be subject to additional environmental and design
review on asite-specific, project-by-project basis to ensure that visual impacts to specific
visual resources would be reduced. During the design review process that would take
place on aproject-by-project basis, the site plans, landscape design and materials,
architectural treatments, signage, and color schemes would be subject to conformity with
the Municipal Code, in consultation with the Planning Director, as well as approval by the
City's Planning Commission.
A lot-use feasibility study would be submitted to and approved by the Planning Director
on aproject-by-project basis. The purpose of the study would be to illustrate that the
siting of structures and buildings work to create an attractive and harmonious
relationship with the surrounding developments and the natural environment. All
development within ridgelines would be required to consider topographic constraints.
Where feasible, development would complement natural topography and be sensitive to
the relationship with the Kern River. Structural siting, proposed heights, and proposed
landscaping would also be required to minimize the obstruction of scenic views of the
Kern River from highways, streets, trails, parks, or beach areas. All future agricultural
land preparation, vegetation plantings, and minor structural improvements or
appurtenances would be required to blend with and enhance the open space qualities of
the Kern River corridor to the greatest extent feasible.
Implementation of applicable Municipal Code Design Standards would reduce the visual
impacts pertaining to the altered views of designated scenic resources. However,
although these impacts would be reduced, impacts would remain significant and
unavoidable, as views of these designated scenic resources would remain permanently
altered.
Cumulative Impacts
5.4-6 PROJECT DEVELOPMENT, TOGETHER WITH CUMULATIVE PROJECTS,
MAY RESULT /N GREATER URBANIZATION AND THE LOSS OF VIEWS TO
SCENIC RESOURCES /N UNDEVELOPED AREAS OF THE
NORTHEASTERN PORTION OF THE CITY OF BAKERSFIELD.
Facts Suooortinq Finding
Construction of currently approved and pending projects in the Project vicinity would
permanently alter the nature and appearance of the area through loss of agricultural and
open space areas. As development occurs throughout the proposed Project area,
residents and visitors in the area would notice the visual effects of urbanization. The
significance of these visual and aesthetic changes is difficult to determine, because
aesthetic value is subjective and potential impacts are site-specific. Security and street
lighting would introduce light and glare potential to the area. Impacts are typically
mitigated separately for each project. Cumulative impacts can be mitigated to less than
JN 60-100320 85 December 2008
~ CITY OF BAKERSFIELD
----.,.,~ Rio Bravo Ranch Project
B A K E R S F I E ~ D GPA/ZC 06-1722
SCH No. 2007101060
significant levels with use of building materials that are consistent with the general
character of the area, landscaping design, and proper lighting techniques to direct light
on-site and away from adjacent properties.
Cumulative projects in the vicinity would convert existing open space to urban uses,
resulting in the incremental loss of visible open space within Bakersfield. This
development would also contribute to the alteration of views toward designated visual
resources. The Project proposes an amendment to the General Plan to allow higher
density development of suburban uses on the Project site. As such, the proposed
Project, together with cumulative development in northeastern Bakersfield, would
contribute to a cumulatively considerable alteration of views to scenic resources.
Implementation of Mitigation Measures 5.4-1 through 5.4-4 would reduce short-term
(construction) and long-term visual impacts from the degradation of character/quality and
increased light and glare to less than significant levels. However, the cumulatively
considerable short-term (construction) and long-term alteration of views to scenic
resources would remain significant and unavoidable.
Mitigation Measure 5.4-6 of the Final EIR reduces impacts; however impacts would
remain significant and avoidable. The measure is as follows:
5.4-6 Refer to Mitigation Measures 5.1-1 through 5.4-4, above. No additional
feasible mitigation measures have been identified.
NOISE
Off-Site Mobile Source Impacts
5.6-2 PROJECT IMPLEMENTATION WOULD GENERATE ADDITIONAL
VEHICULAR TRAVEL ON THE SURROUNDING ROADWAY NETWORK,
THEREBY RESULTING /N PERMANENT NOISE LEVEL INCREASES.
Facts Supporting Finding
Future development within the area would result in additional traffic on adjacent
roadways, thereby increasing vehicular noise in the vicinity of existing and proposed
land uses. The analysis of traffic noise levels on existing noise-sensitive uses outside
the project site is based on the Traffic Impact Study, prepared by McIntosh 8
Associates. Two traffic scenarios were modeled to demonstrate the Project's net
acoustical increase over future ambient (No Project) conditions for the year 2015 and
2030. The early stages of construction for the Project are represented in the year 2015,
while the year 2030 represents the build-out of construction. As previously discussed,
the City's noise standards state that noise impacts are considered significant when an
increase of +3 dBA occurs in an area where noise levels are less than 65 dBA CNEL or
if an increase of +1.5 dBA occurs in an area where noise levels are greater than 65 dBA
CNEL.
Year 2015
In Table 5.6-9, YEAR 2015 TRAFFIC NOISE LEVELS WITH AND WITHOUT
PROJECT, the noise level depicts what would be heard at approximately 100 feet from
the roadway centerline. According to Table 5.6-9, under the "2015 No Project" scenario,
JN 60-100320 86 December 2008
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101080
off-site noise levels would range from approximately 48.1 dBA to 66.9 dBA. The highest
noise levels under future without Project conditions would occur along SR-178 between
Vineland Road and Masterson Street.
Under the "2015 Plus Project" scenario, noise levels would range from approximately
48.1 dBA to 69.4 dBA. The highest noise levels would occur along SR-178 between
Masterson Street and Comanche Drive.
Table 5.6-9 also compares the "2015 No Project" scenario to the "2015 Plus Project"
scenario. The highest noise increase (4.3 dBA) would occur along Alfred Harrell
Highway between Masterson Street to Old Walker Pass Road. Under the "2015 No
Project" scenario, this roadway segment would be 56.0 dBA. Since the "2015 No
Project" noise level would be below 65 dBA CNEL, a noise level increase of less than 5
dBA is considered a less than significant impact on noise levels along this local roadway.
Since the projected noise level increases along several roadway segments analyzed
would exceed established thresholds, a significant impact on existing off-site receptors
would occur (refer to Table 5.6-9, below).
TABLE 5.6-9
Year 2015 Traffic Noise Levels With and Without Project
CNEL, dB
Roadway Segment
2015
No Project 2015
Plus
Project
Chan a
g Significant
Noise
Impact?
Alfred Harrell Hi hwa
Mornin Drive to Masterson Street 56.6 60.4 3.8 No
Masterson Street to Old Walker Pass Road 56.0 60.3 4.3 No
Paladino Drive to SR-178 62.6 65.6 3.0 YES
Comanche Drive
SR-178 to Breckenrid a Drive 59.1 61.3 2.2 No
South of Breckenrid a Drive 58.8 60.3 1.5 No
Breckenrid a Drive
West of Comanche Drive 48.1 49.3 1.2 No
SR-178
Vineland Road to Masterson Street 66.9 69.1 2.2 YES
Masterson Street to Comanche Drive 66.3 69.4 3.1 YES
Comanche Drive to Miramonte 64.6 68.3 3.7 YES
Miramonte to Old Walker Pass Road 63.8 68.0 4.2 YES
Rancheria Road to Project Entrance #2 64.0 66.8 2.8 No
Project Entrance #2 to Project Entrance #3 64.0 66.1 2.1 No
Project Entrance #3 to Project Entrance #4 64.0 65.2 1.2 No
Kern Can on Road
Mornin Drive to Vineland Road 62.4 63.1 0.7 No
Vineland Road to Masterson Street 61.9 63.0 1.1 No
Mornin Drive
Paladino Drive to Alfred Harrell Hi hwa 60.4 61.5 1.1 No
Masterson Street
Alfred Harrell Hi hwa to Paladino Drive 48.3 50.4 2.1 No
Panorama Drive to SR-178 57.3 58.4 1.1 No
SR-178 to Breckenrid a Dr 62.2 62.5 0.3 No
Paladino Drive
Fairfax Road to Mornin Drive 59.5 61.3 1.8 No
Masterson Street to Alfred Harrell Hi hwa 55.9 58.7 2.8 No
Old Walker Pass Road
Alfred Harrell Hi hwa To SR-178 60.8 64.2 3.4 YES
JN 60-100320 87 December 2008
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6 A 1: E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
CNEL, d6
Roadway Segment
2015
No Project
2015
Plus
Project
Change Significant
Noise
Impact?
Rancheria Road
North of SR-178 49.2 50.4 1.2 No
Panorama Drive
Mornin Drive to Vineland Road 57.7 58.2 0.5 No
source: tnvironmenta/ Noise Assessment, j.c.brennan & associates, Inc., April, 2008.
1. Noise levels were calculated at 100 feet from the roadway centerline
Year 2030
In Table 5.6-10, YEAR 2030 TRAFFIC NOISE LEVELS WITH AND WITHOUT
PROJECT, the noise level depicts what would be heard at approximately 100 feet
from the roadway centerline. According to Table 5.6-10, under the "2030 No Project"
scenario, off-site noise levels would range from approximately 48.3 dBA to 68.6 dBA.
The highest noise levels under future without Project conditions would occur along
SR-178 between Vineland Road and Masterson Street.
Under the "2030 Plus Project" scenario, noise levels would range from approximately
50.5 dBA to 71.4 dBA. Similar to the "2030 No Project" scenario, the highest noise
levels would occur along SR-178 between Vineland Road and Masterson Street.
Table 5.6-10 also compares the "2030 No Project" scenario to the "2030 Plus
Project" scenario. The highest noise increase (5.3 dBA) would occur along Alfred
Harrell Highway between Masterson Street and Old Walker Pass Road. Since the
"2030 Plus Project" increase in noise level would exceed 3 dBA on several of the
roadway segments, the Project would have a significant impact on noise levels (refer
to Table 5.6-10, below, for the impacted roadway segments).
TABLE 5.6-10
Year 2030 Traffic Noise Levels With and Without Project'
CNEL, dB
Roadway Segment
2030
No Project
2030
Plus
Project
Change Significant
Noise
Impact?
Alfred Harrell Hi hwa
Mornin Drive to Masterson Street 58.9 63.1 4.2 No
Masterson Street to Old Walker Pass Road 57.4 62.7 5.3 YES
Paladino Drive to SR-178 65.6 68.6 3.0 No
Comanche Drive
SR-178 to Breckenrid a Drive 59.6 63.0 3.4 No
South of Breckenrid a Drive 59.6 61.9 2.3 No
Breckenrid a Drive
West of Comanche Drive 48.3 50.5 2.2 No
SR-178
Vineland Road to Masterson Street 68.6 71.4 2.8 YES
Masterson Street to Comanche Drive 67.6 71.3 3.7 YES
Comanche Drive to Miramonte 66.1 70.7 4.6 YES
Miramonte to Old Walker Pass Road 66.7 70.9 4.2 YES
Rancheria Road to Project Entrance #2 65.9 69.6 3.7 YES
Project Entrance #2 to Project Entrance #3 65.9 68.9 3.0 YES
Project Entrance #3 to Project Entrance #4 65.9 68.0 2.1 YES
JN 60-100320 88 December 2008
/r/~~- ~ CITY OF BAKERSFIELD
_`~ Rio Bravo Ranch Project
B A K E R S f 1 E L D GPA/ZC 08-1722
SCH No. 2007101080
Kern Can on Road
Mornin Drive to Vineland Road 65.1 65.9 0.8 No
Vineland Road to Masterson Street 64.5 65.7 1.2 No
Mornin Drive
Paladino Drive to Alfred Harrell Hi hwa 64.8 65.6 0.8 No
Masterson Street
Alfred Harrell Hi hwa to Paladino Drive 51.5 53.6 2.1 No
Panorama Drive to SR-178 61.2 62.0 0.8 No
SR-178 to Breckenrid a Drive 64.7 65.3 0.6 No
Paladino Drive
Fairfax Road to Mornin Drive 63.9 65.3 1.4 No
Masterson Street to Alfred Harrell Hi hwa 60.3 62.4 2.1 No
Old Walker Pass Road
Alfred Harrell Hi hwa to SR-178 65.3 68.0 2.7 YES
Rancheria Road
North of SR-178 51.1 53.3 2.2 No
Panorama Drive
Mornin Drive to Vineland Road 62.4 62.7 0.3 No
Source: Environmental Noise Assessment, j.c. Brennen ~ associates, Inc., April, 2008.
1. Noise levels were calculated at 100 feet from the roadway centerline.
The Project also proposes to realign Old Walker Pass Road from its current
alignment. This realignment would bring the road approximately 0 feet to over 2,600
feet closer to existing residential uses along the bluffs. This realignment is predicted
to result in traffic noise level increases of approximately 11 dBA over noise that
would be expected under the proposed re-alignment.
Noise attenuation at existing off-site sensitive uses located along roadway segments
(refer to Tables 5.6-9 and 5.6-10) are considered ineffective as existing ingress and
egress would have to be maintained, creating openings in noise barriers, thus
eliminating their effectiveness. As it would not be feasible to reduce the Project-
related traffic noise level increases to a less than significant level at all existing
noise-sensitive land uses, this impact is considered significant and unavoidable.
Cumulative Impacts
5.6-5 IMPLEMENTATION OF THE PROJECT, COMBINED WITH CUMULATIVE
PROJECTS, WOULD INCREASE THE AMBIENT NOISE LEVELS IN THE
PROJECT VICINITY.
Facts Suogorting Finding
Short-term (construction) noise is a localized activity and would affect only land uses that
are immediately adjacent to the Project Area. Contractors at the job sites would be
required to adhere to the City's Noise Ordinance requirements, which limits construction
hours to 6:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends,
where construction occurs within 1,000 feet of a residence. In addition, all construction
equipment should be equipped with adequate mufflers and be properly maintained.
Thus, the cumulative construction noise impacts would be less than significant.
Table 5.6-10 lists the cumulative traffic noise levels along roadway segments in the
Project vicinity under Year 2030 (General Plan build-out) for the "No Project" and "Plus
Project" conditions. The "Plus Project" traffic noise levels would increase by a maximum
of 5.3 dBA along Alfred Harrell Highway between Masterson Street and Old Walker Pass
JN 60-100320 89 December 2008
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B A 1: E R S P I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Road. This increase in noise is perceptible by the human ear. Therefore, development
on-site in conjunction with build-out of the approved General Plan land uses would result
in a significant traffic noise impact at off-site sensitive uses.
Long-term (stationary) noise would be subject to requirements of the Bakersfield
Municipal Code. Therefore, individual projects would be required to comply with the
City's noise level standard of 65 dBA for residential uses and include mitigation
measures if this standard is exceeded. At this time, the specific uses of the site are
unknown; therefore, specific mitigation measures cannot be established. Additionally, as
the Project contributes to off-site noise impacts, a significant cumulative increase in
permanent ambient noise levels would occur and the impact would be significant and
unavailable.
Mitigation Measure 5.6-5 of the Final EIR reduces impacts; however impacts would
remain significant and avoidable. The measure is as follows:
5.6-5 Refer to Mitigation Measures 5.6-1a through 5.6-4e, above.
AGRICULTURAL RESOURCES
Cumulative Impacts
5.2-4 DEVELOPMENT OF THE PROPOSED PROJECT, AS WELL AS THE
BUILDOUT /N ACCORDANCE WITH THE CITY'S GENERAL PLAN, WOULD
RESULT IN THE CUMULATIVE LOSS OF FARMLAND.
Facts Suooortina Finding
According to the Metropolitan Bakersfield General Plan EIR, the conversion of
agricultural land to other uses due to development in and around Bakersfield is
considered a significant and unavoidable cumulative impact. The forecast growth in
Metropolitan Bakersfield is anticipated to occur at the urban fringes of the City and will
result in the direct removal of a substantial amount of prime agricultural land from
production. Although the General Plan has various Land Use policies that direct
development to encourage site compatibility with surrounding uses, the cumulative loss
of prime agricultural land results in a significant and unavoidable impact.
The Metropolitan Bakersfield General Plan EIR also acknowledges that some of the
agricultural lands within the Metropolitan Bakersfield Planning area will be lost to future
development. The Farmland Conversion Study concluded that the proposed Project
would not result in pressures to develop neighboring agricultural lands and is considered
appropriate for the conversion as proposed. Given the site's location within the corporate
limits of the City, the proposed Project would not result in greater impacts on agricultural
lands than previously identified in the Metropolitan Bakersfield General Plan EIR.
Notwithstanding this conclusion, Project implementation, when combined with the
potential loss of other agricultural lands within the Planning area, over time, would
remain a significant and unavoidable impact.
JN 60-100320 90 December 2008 ~
B A is E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
IX. FINDING REGARDING ALTERNATIVES
The City of Bakersfield, having reviewed and considered the information contained in the
Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to
Public Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3) that (i) the
Final EIR considers a reasonable range of project alternatives and mitigation measures.
The following four alternatives have been determined to represent a reasonable range of
alternatives which have the potential to feasibly attain most of the basic objectives of the
Project but which may avoid or substantially lessen any of the significant impacts of the
proposed Project:
"No Project/No Development" Alternative
The "No Project/No Development" Alternative assumes that the proposed GPA, zone
change, circulation element amendment, and subsequent development would not be
implemented. Under this scenario, the General Plan Land Use Designations on the
Project site would remain ER (Estate Residential), GC (General Commercial), LR (Low
Density Residential), OS (Open Space), OS-P (Parks and Recreation Facilities), OS-S
(Slopes Exceeding 30%), R-EA (Resource-Extensive Agriculture), R-IA (Resource-
Intensive Agriculture), RR (Rural Residential), and SR (Suburban Residential).
Under this Alternative, the zoning would remain A (Agriculture), A-HD (Agriculture-
Hillside Development), E (Estate One Family Dwelling), E-HD (Estate One Family
Dwelling-Hillside Development), OS (Open Space), OS-HD (Open Space-Hillside
Development), OS-FP-S (Open Space-Flood Plain Secondary Overlay), R-1 (One
Family Dwelling), and R-1 HD (One Family Dwelling-Hillside Development).
Additionally, portions of the proposed Project lie within the Kem River Plan Element.
Under this Alternative, the Project would not require an amendment to the Kem River
Plan Element land uses within the proposed Project boundary. The portions of the
property located within the Kem River Plan Element would remain designated 3.1
(Public and Private Recreation Areas), 5.35 (Residential, maximum, 7.25 units per net
acre), and 5.4 (Residential, maximum 4 units per net acre). This Alternative assumes
that existing land uses on the Project site would remain unchanged, and, as such, would
remain under agricultural cultivation and open space, with the existing structures
remaining on-site.
This Alternative would eliminate all impacts associated with environmental categories;
however, the "No Project/No Development" Alternative does not meet the Project
objectives. This Alternative would not create residential and commercial development
adequate to sustain future growth projections within northeastern Bakersfield, and satisfy
the needs of residential and commercial development identified in the General Plan.
This Alternative is considered environmentally superior to the proposed Project because
it would avoid all or most of the Project's short-term, long-term, and cumulative impacts.
It would not meet any of the project objectives, nor would it be consistent with the long-
range goals of the City's General Plan relative to land use and the orderly transition of
land through the development review process.
"NO PROJECT/DEVELOPMENT IN ACCORDANCE WITH EXISTING GENERAL
PLAN AND ZONING DESIGNATIONS" ALTERNATIVE
Under the "No Project/Development in Accordance with Existing General Plan and
Zoning Designations" Alternative, the Project site would be developed to the maximum
JN 60-100320 91 December 2008
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPAlZC 06-1722
SCH No. 2007101060
intensity allowed under the existing General Plan land use designations. Implementation
of this Alternative would consist of development on the approximate 1,863-acre Project
site under the current land use designations of ER (Estate Residential), GC (General
Commercial), LR (Low Density Residential), OS (Open Space), OS-P (Parks and
Recreation Facilities), OS-S (Slopes Exceeding 30%), R-EA (Resource-Extensive
Agriculture), R-IA (Resource-Intensive Agriculture), RR (Rural Residential), and SR
(Suburban Residential).
The ER designation allows for the development of one unit per acre; the GC designation
is characterized as having retail and service facilities providing a broad range of goods
and services which serve the day-to-day needs of nearby residents; the LR designation
allows the development at a density of 7.26 dwelling units per acre; the OS designation
includes floodplains and Resources Management Areas, agricultural uses are also
allowed; the OS-P designation includes all city and county parks as well as public and
private recreation facilities; the OS-S designation consists of areas with greater than or
equal to thirty percent slope, and the exact land use and intensity permitted in the OS-S
designation shall be consistent with the base zone district for each individual parcel
designated OS-S; the R-EA designation allows a minimum 80-acre parcel size for lands
under "Williamson Act" contract; 20-acre minimum for lands not under contract; the R-IA
designation allows the development of dwelling units at a density of one unit per 20
acres, and would allow continued agricultural production on the remaining acreage of the
20-acre parcels; the RR designation allows for one unit per 2.5 acres; and the SR
designation allows the development at a density of less than or equal to four dwelling
units per acre.
In addition to the existing General Plan designations, existing zoning would remain A
(Agriculture), A-HD (Agriculture-Hillside Development), E (Estate One Family Dwelling),
E-HD (Estate One Family Dwelling-Hillside Development), OS (Open Space), OS-HD
(Open Space-Hillside Development), OS-FP-S (Open Space-Flood Plain Secondary
Overlay), R-1 (One Family Dwelling), and R-1 HD (One Family Dwelling-Hillside
Development). Under this Alternative, the existing General Plan land used designations
and zoning currently would allow for approximately 5,067 dwelling units, approximately
13 acres of mixed use commercial, and approximately 621 acres of open space and
parks.
This Alternative would not significantly reduce impacts associated with the proposed
Project. Although implementation of this Alternative would be consistent with the
existing General Plan land use designation and zoning for the Project site, not all of the
stated Project objectives (as described in Section 7.1) would be satisfied. This
Alternative would not significantly reduce impacts associated with the proposed Project.
It would, in fact, result in similar impacts or increase the level of impacts to all
environmental categories discussed above. Therefore, the "No Project/
Development in Accordance with Existing General Plan and Zoning Designations"
Alternative is environmentally inferior to the proposed Project.
"Reduced Density" Alternative
Under the "Reduced Density" Alternative, the Project site would be developed under SR
(Suburban Residential -less than or equal to 4 dwelling units/net acre), ER (Estate
Residential -minimum 1 dwelling unit/net acre) land use designations. Under the
Reduced Density" Alternative the 44.39 acres of proposed MUC and the 20.39 acres of
JN 60-100320 92 December 2008
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E A K E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
GC would be omitted from the Project. Therefore, with the inclusion of the originally
proposed Project acreage, the following assumptions are assumed for this Alternative:
Pro osed Land Use Pro osed Acrea a Dwellin Units/Acre Residential Units
SR 216.01 4.0 864.04
E R 908.65 1.0 843.53
OS 738.53 N/A N/A
Total 1, 863.19 1, 772.69
This Alternative would lessen impacts associated with land use, aesthetics, traffic and
circulation, noise, air quality, and public services and utilities by approximately 62
percent; however, this Alternative only partially meets the Project objectives as stated in
Section 7.1.
This Alternative would reduce impacts compared to the Project in the categories of
aesthetics, land use and relevant planning, noise, public services and utilities and traffic
and circulation; and would have equivalent impacts in the categories of public air quality,
health and safety, biological resources, cultural resources and geologic resources.
Although fewer people would be residing and working in the Project area under this
Alternative, this development scenario does not afford the benefits of GC and MUC uses
which would serve to reduce total vehicle miles traveled. The internal trip capture rate
that would be achieved under the proposed Project due to the 20.39 acres of GC and
44.39 acres of MUC would not be realized under this alternative, thus resulting in longer
vehicular trips and a proportional increase in long-term vehicular related emissions.
This Alternative would partially satisfy the Project objectives, but not to the extent that
can be achieved by implementing the Project. This is especially the case considering
that this Alternative would require relatively the same infrastructure improvements and
mitigation measures in order to reduce some of the potentially significant impacts to a
less than significant level.
"High Density" Alternative
Under the "High Density" Alternative, the Project site would include 20.39 acres of
General Commercial (GC), 44.39 acres of Mixed-Use Commercial (MUC), and 738.53
acres of open space. The remaining 1,060 acres (of the proposed 1,863 acres) would
be developed under the High Medium Density Residential (HMR) land use designation.
The HMR designation would allow for the development of between 7.26 and 17.42
dwelling units per net acre. Development in accordance with these General Plan land
use designations would result in the construction range of 7,696 to 18,465 residential
units.
The Sierra Club suggested during the Notice of Preparation period for this EIR; that the
EIR explore a "Transit-Oriented" Alternative to the proposed Project, an alternative in
which design is focused on effective public transportation for homeowners. Although it is
acknowledged that area-wide light rail could serve to reduce the amount of vehicle miles
traveled, there is no quantifiable evidence to determine actual rider ship and the net
effect on the circulation system. The consideration of area-wide light rail and its
cumulative effect on traffic congestion would require aCity-wide feasibility study which is
outside the scope of this EIR.
JN 60-100320 93 December 2008
i~ ~G2-- •
B A li E R 5 F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Protect
GPA/2C 06-1722
SCH No. 2007101060
In terms of mixed use, or transit-oriented development, the Metropolitan Bakersfield
General Plan and existing approved development provide retail uses within and near the
Project site. Transit-oriented development is not a feasible reality at this time, although
the following "High Density" Alternative, as does the proposed Project, utilizes highway
commercial use and access.
Although this Alternative would meet most of the Project objectives as stated in Section
7.1, it would not reduce any impacts associated with the proposed Project. It would, in
fact, result in similar significant and unavoidable impacts or increase the level of impacts
to atl environmental categories discussed above. Therefore, the "High Density"
Alternative is considered environmentally inferior to the proposed Project.
"Environmentally Superior" Alternative
The purpose of the Alternatives evaluation is to develop Project Alternatives that have
fewer or no significant impacts compared to the proposed Project. CEQA Section
15126(d)(2) indicates that, if the "No Project/No Development" Alternative is the
"Environmentally Superior" Alternative, then the EIR shall also identify an
Environmentally Superior Alternative among the other Alternatives. In this case, the "No
Project/No Development" Alternative (Existing Conditions) is the environmentally
superior Alternative, as it would not result in environmental impacts associated with
construction and long-term operation.
The "No Project/Development in Accordance with Existing General Plan and Zoning
Designations" Alternative would allow buildout of the Project area under the existing
General Plan and zoning designation. While several of the environmental categories
(i.e. land use, public health and safety, aesthetics, light, and glare, public services and
utilities, cultural resources, geologic and seismic hazards, and hydrology and water
quality), would result in similar impacts to the proposed Project, this alternative does not
reduce impacts of any environmental categories. This Alternative would meet the
majority of the proposed Project's objectives; however, environmental categories related
to agriculture, air quality, traffic and circulation, noise, and biological impacts would be
increased, in comparison to the proposed Project. Therefore, this alternative has been
rejected as an environmentally superior alternative.
The "Reduced Density" Alternative would result in or equivalent or lesser environmental
impacts when compared to the proposed Project in the categories of land use,
agriculture, public health and safety, aesthetics, light and glare, traffic and circulation,
noise, air quality, biological resources, cultural resources, geologic and seismic hazards,
hydrology and water quality, and mineral resources, while meeting the Project objectives
to some degree. Although development of the Project site in accordance with the
"Reduced Density" Alternative would result in less environmental impacts, the Alternative
would not fulfill the Project's objectives. Due to the decrease of uses under this
Alternative, it would be more difficult to achieve the key project objective of providing a
mix of uses that would be mutually supportive linked by trails and greenbelts, reducing
automobile dependency and encouraging pedestrian activity. The "Reduced Density"
Alternative does not fulfill all the stated project objectives, particularly the "centers"
concept as envisioned in the Metropolitan Bakersfield General Plan.
In comparison, the "High Density" Alternative would meet the majority of the proposed
Project's objectives; however, it would result in increased or equivalent environmental
JN 60-100320 94 December 2008
'%' ,
~ CITY OF BAKERSFIELD
---... Rio Bravo Ranch Project
B A K E R S F I E L D GPA/ZC Os-1722
SCH No. 2007101060
impacts compared to the proposed Project
Based on the reasons stated above, the proposed Project is the environmentally
superior Alternative because no other Alternative both feasibly achieves the objectives of
the Project and avoids the potentially significant impacts of the Project.
JN 60-100320 95 December 2008
Exhibit C
Statement of Overriding Considerations
i~ i~2-- • ---•..
B A f; E R 5 F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Section 15093 of the CEQA Guidelines, decision-makers are required to
balance the benefits of a project against its unavoidable environmental risks in
determining whether to approve a project. In the event the benefits of a project outweigh
the unavoidable adverse effects, the adverse environmental effects may be considered
"acceptable". The CEQA Guidelines require that, when a public agency allows for the
occurrence of significant effects which are identified in the Final EIR but are not at 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 alternatives to the project are
infeasible because they have greater environmental impacts, do not provide the benefits
of the project, or are otherwise socially or economically infeasible as fully described in
the project findings.
The environmental analysis undertaken for the Rio Bravo Ranch Project indicated the
Project would result in contributions to aesthetic, light and glare (long-term and
cumulative impacts), noise (off-site mobile source and cumulative impacts), and
agricultural resources (cumulative impacts) that would represent a significant 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 Rio Bravo Ranch Project and the public record. The project benefits
include the following:
• Provide a development in northeast Bakersfield that is a focal point of activity and
includes a mix of land uses as identified in the Metropolitan Bakersfield General
Plan.
• Provide a full mix of land uses to support the Project's population.
• Provide a master planned community with residential and commercial development
of sufficient scale to permit master planning of infrastructure, parks, open space, and
public services to achieve the greatest possible efficiencies and functions.
• Establish a new mixed-use center as defined in the Metropolitan Bakersfield General
Plan.
• Provide residential uses to meet the housing demand specified in the Metropolitan
Bakersfield General Plan.
JN 60-100320 96 December 2008
~~~~'.,~
B A IC E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/zC 06-1722
SCH No. 2007101060
• Provide a range of housing types on the Project site.
• Provide a master plan development so that land uses are phased in a programmed
manner coordinated with the provision of infrastructure and public improvements
necessary to accommodate such growth.
• Locate development to meet anticipated growth while balancing environmental
considerations.
• Provide parks, trails, and open space areas to meet the recreational needs of local
residents including both active and passive recreational facilities.
• Address community circulation, both vehicular and pedestrian, utilizing available
capacity within the existing circulation system, and provide fair-share system
improvements to deficient intersections or road segments.
• To provide a mix of uses that would be mutually supportive linked by trails and
greenbelts, reducing automobile dependency and encouraging pedestrian activity.
These design features are expected to reduce air emissions related to traffic.
• Cluster commercial retail and residential uses that provide goods and services near
SR-178 to reduce traffic congestion and air emissions.
• Locate a master planned community adjacent to SR-178 and major highway arterials
to promote efficient traffic flows and minimize congestion traffic demands on local
and collector streets.
• Encourage excellence and creativity in the Metropolitan Bakersfield General Plan
and contribute to a community with a specific sense of identity and a high quality of
life.
The Lead Agency makes the following finding, pursuant to Section 15093 of the CEQA
Guidelines, with regard to the Statement of Overriding Considerations for the Rio Bravo
Ranch Project:
California Administrative Code, Title 14, Section 15093(a) states: "If the
benefits of a proposed project outweigh the unavoidable adverse
environmental effects, the adverse environmental effects may be
considered `acceptable'. " Based on the above discussion and on the
evidence presented, the City of Bakersfield therefore finds that the benefits
of the proposed project outweigh the adverse impacts to aesthetic, light
and glare (long-term and cumulative impacts), noise (off-site mobile source
and cumulative impacts), and agricultural resources (cumulative impacts)
associated with the Rio Bravo Ranch Project, which cannot be eliminated
or reduced to a level less Phan significant.
JN 60-100320 97 December 2008
Exhibit D
Mitigation Monitoring and Reporting Program
i~i'/ ~ CITY OF BAKERSFIELD
GZ~"'--"'---.,~ Rio Bravo Ranch Project
B A K E R S f I E L 0 GPA/ZC 06-1722
SCH No. 2007101060
13.0 MITIGATION MONITORING PROGRAM
13.1 MITIGATION AND MONITORING PROGRAM
CONTENTS
This document is the Mitigation Monitoring Program (MMP) for the proposed Rio
Bravo Ranch Project (General Plan Amendment and Zone Change [GPA/ZC] 06-
1722) located in the northeastern portion of the City of Bakersfield, County of Kern,
California, within the incorporated limits of the City of Bakersfield. The MMP includes
a brief discussion of the legal basis for and the purpose of the program, discussion,
and direction regarding complaints about noncompliance, a key to understanding the
monitoring matrix, and the monitoring matrix itself.
13.2 LEGAL BASIS OF AND PURPOSE FOR THE
MITIGATION MONITORING PROGRAM
California Public Resources Code Section 21081.6 requires public agencies to adopt
mitigation monitoring or reporting programs whenever certifying an Environmental
Impact Report (EIR) or a Mitigated Negative Declaration. This requirement facilitates
implementation of all mitigation measures adopted through the California
Environmental Quality Act (CEQA) process.
The MMP contained herein is intended to satisfy the requirements of CEQA as they
relate to the EIR prepared for the Rio Bravo Ranch Project. It is intended to be used
by City of Bakersfield (City) staff, participating agencies, the developer, project
contractors, and mitigation monitoring personnel during implementation of the
proposed Project.
Mitigation is defined by CEQA Guidelines §15370 as a measure that does any of the
following:
• Avoids impacts altogether by not taking a certain action or parts of an action.
• Minimizes impacts by limiting the degree or magnitude of the action and its
implementation.
• Rectifies impacts by repairing, rehabilitating, or restoring the impacted
environment.
• Reduces or eliminates impacts over time by preservation and maintenance
operations during the life of the project.
• Compensates for impacts by replacing or providing substitute resources or
environments.
13.3 MITIGATION MONITORING TABLE
The Mitigation Monitoring Table identifies the mitigation measures proposed for the
Rio Bravo Ranch Project. These mitigation measures are reproduced from the EIR
and conditions of approval for the Project. The table has the following columns:
FINAL • DECEMBER 2008 13-1 Mitigation Monitoring Program ,
/~ ~G~~L--- •
"~.---~
B A is E R S F I E L D
CITY OF BAKERSFIELD
Rio Bravo Ranch Project
GPA/ZC 06-1722
SCH No. 2007101060
Mitigation Measure/Summary: Lists the mitigation measures identified within the
EIR for a specific impact, along with the number for each measure enumerated in the
EIR.
Monitor Responsibility: References the City department of any other public
agency with which coordination is required to satisfy the identified mitigation
measure.
Timing: Identifies at what point in time, review process, or phase the mitigation
measures will be completed.
Verification: Spaces to be initialed and dated by the individual designated to verify
adherence to a specific mitigation measure.
13.4 NONCOMPLIANCE COMPLAINTS
Any person or agency may file a complaint asserting noncompliance with the
mitigation measures associated with the proposed Project. The complaint shall be
directed to the City in written form, providing specific information on the asserted
violation. The City shall conduct an investigation and determine the validity of the
complaint. If noncompliance with a mitigation measure has occurred, the City shall
take appropriate action to remedy any violation. The complainant shall receive
written confirmation indicating the results of the investigation or the final action
corresponding to the particular noncompliance issue.
FINAL • DECEMBER 2008 13-2 Mitigation Monitoring Program
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