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HomeMy WebLinkAboutRES NO 016-09~40 *00 RESOLUTION NO. 0 1 6 0 9 RESOLUTION APPROVING AN AMENDMENT TO THE SPECIFIC PARKS AND TRAILS PLAN FOR NORTHEAST BAKERSFIELD (NO. 06-1722), GENERALLY LOCATED TO THE EAST OF ALFRED HARRELL HIGHWAY, EXTENDING TO THE CITY'S EASTERN BOUNDARY ENCOMPASSING BOTH SIDES OF STATE ROUTE 178. WHEREAS, McIntosh & Associates, for The Nickel Family LLC, filed an application requesting a an amendment to the Specific Parks and Trails Plan for Northeast Bakersfield within the City of Bakersfield as hereinafter described; and 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, at the hour of 12:30 p.m., and on Thursday, December 18, 2008, at the hour of 5:30 p.m. on Specific Plan Amendment No. 06-1722 of the proposed amendment to the Specific Parks and Trails Plan for Northeast Bakersfield, notice of the time and place of public 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, Specific Plan Amendment No. 06-1722, an amendment to Specific Parks and Trails Plan for Northeast Bakersfield, is as follows: SPECIFIC PLAN AMENDMENT NO. 06-1722: McIntosh & Associates, for The Nickel Family LLC applied to amend the Specific Parks and Trails Plan for Northeast Bakersfield in order 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 in Exhibit B. WHEREAS, for the above described, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment; therefore, an Environmental Impact Report (EIR) was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the applicant for the property owner has indicated the purpose of the request is to provide parks, trails, and open space areas to meet the recreational needs of local residents including both active and passive recreational facilities; and WHEREAS, the project site shall include local park/staging areas adjacent to open space, trails and the Kern River where possible to provide local park facilities and enable the public direct non- motorized access to natural amenities; and WHEREAS, the Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 166-08, adopted on December 18, 2008: The laws and regulations relating to the preparation and adoption of Environmental Impact Report 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. All required public notices have been given; and 3. The provisions of CEQA have been followed; and 4. Based upon the Initial Study and comments received, staff has determined that the proposed project could have a significant effect on the environment. An Environmental Impact Report was prepared for the project in accordance with CEQA; and 5. The amendment to the Specific Parks and Trails Plan for Northeast Bakersfield as shown in the attached Exhibit B is compatible with the land use and circulation designations of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows: The above recitals and findings incorporated herein by reference are true and correct and constitute the findings of the City Council in this matter. 2. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 3. That Specific Plan Amendment No. 06-1722 to the Specific Parks and Trails Plan for Northeast Bakersfield is hereby approved as recommended by the Planning Commission and shown on the Specific Plan Amendment Map in Exhibit B, subject to the Mitigation Measures/Conditions of Approval for the project as shown in Exhibit A and Mitigation Monitoring and Reporting Program adopted in the Final Environmental Impact Report as shown in Exhibit E. 4. Attached Exhibit C containing the Statement of Facts, Findings, and Mitigation Measures are appropriate and incorporated into the project. 5. Attached Exhibit D containing the Statement of Overriding Considerations related to significant unavoidable agriculture; aesthetics, light and glare; and noise impacts are appropriate and incorporated into the project. 000 -2- *40 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: ✓ ES' COUNCILMEMBER 6Af299N^ BENHAM. WEIR. CO,rCH. H~c?469P}. SULr IVAN. SCRIVNER S: COUNCILMEMBER n-OV-e- ABSTAIN: COUNCILMEMBER__Ja ABSENT: COUNCILMEMBER Iti~DY aA4<47A APPROVED FEB 1 1 HARV'=Y L. HALL MAYOR of the City of APPROVED as to form: VIRGINIA GENNARO City Attorney LLM''L A - M6 ~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cie rkofe Council of the City of Bakersfield By: 44t54&2A 41, - EXHIBIT A Mitigation/Conditions of Approval B Specific Plan Amendment Map C Statement of Facts, Findings, and Mitigation Measures D Statement of Overriding Considerations E Mitigation Monitoring and Reporting Program CG - S:\GPA 4th 2008\06-1722 (Rio Bravo Ranch EIR)\Reso Ord\CC_Reso Park Plan 06-1722.doc -3- I~w Exhibit A *40 Conditions of Approval & Mitigation Measures EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-1722 Planninq 1. The applicant shall appoint a project manager to act as a liaison with city staff and track (monitor) all conditions of approval/mitigation measures. The project manager shall provide written evidence and documentation confirming the satisfactory completion and/or compliance with the list of conditions, including mitigation measures of the project. The project manager shall submit the entire list of conditions with said evidence/documentation and status of each condition with each subsequent development application and/or plans submitted to the Development Services Department and Public Works Department. The project manager shall coordinate with city departments and other agencies as needed to satisfy conditions/mitigation measures, and document compliance. Documentation from the project manager as to the compliance of the condition/mitigation measures are subject to review and acceptance by the Planning Director, or his designee. The name and contact information for the project manager shall be provided to city staff on all submittals. For orderly development. 2. The developer shall amend the land use and zoning of all park space within the project area in residential areas to open space/parks and recreation designations once the final location of the parks have been established. For orderly development. 3. Prior to or with submittal of any tentative tract map application for the GPA/ZC area, the applicant shall submit a parks and trails plan for Planning Commission approval, on application forms supplied by the Planning Department. The plan shall demonstrate how the project will connect into the City's trails system. The applicant shall work with the Planning Department and the Recreation Department to develop the plan and the plan may affect the subdivision design. This plan may be processed concurrently with a subdivision application. For orderly development. 4. The developer shall add a class 2 bike lane along the new collector roadway located east of Rancheria Road (as shown on Exhibit B-4). For orderly development. Public Works 5. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a) Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. b) Sewer service must be provided to the GPA/ZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of over sizing costs to the developer. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. c) In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. f Page 1 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval *40 d) The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. e) Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development. 6. Prior to issuance of a building permit, developer shall pay a major transportation facility fee in the amount of $0.35 per square foot for commercial and/or $2487 for residential dwelling unit (Note these fees may increase depending on the Construction Cost Index or Cost of Living Allowance.) If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is a component of the City Council approved action plan to pursue funds needed to complete construction of major transportation facilities to serve growth and development within Metropolitan Bakersfield. For orderly development. 7. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 8. With submission of a subdivision covering any portion of the area south of SR 178 in Section 12, or as required by the City, the developer shall provide a fully executed dedication for the new collector roadway located east of Rancheria Road (as shown on Exhibit B-4) to collector standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the GPA area is submitted, dedication can be provided with the map. An Offer of Dedication for this collector is acceptable. For orderly development. 9. Based upon the traffic study and DEIR the following mitigation measures would be appropriate: a) Measures 5.5 - 4b (Local Mitigation) - Prior to development estimates shall be submitted and approved for local mitigation to the impacted intersections and segments subject to fair share improvements. Applicant shall participate in the improvements required on a pro-rata, fair share basis, and prior to the issuance of building permits, based upon the approved estimates. b) Measure 5.5 - 4a (Regional Transportation Impact Fee - Regional Mitigation) - Prior to the issuance of building permits, the project applicant shall participate in the RTIF program. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in place for the various land use types at the time of development. c) Page 5.5-46 through 5.5-47 identify various intersection and road segment improvements that are triggered by the project. Prior to approval of any site plan or tentative map a phasing plan shall be submitted and approved by the City. Said plan shall detail implementation of these identified improvements by either the applicant or known planned and funded RTIF CIP projects. Mitigation for potentially significant traffic impacts. Page 2 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval 10. Prior to the phase which contains the 1500th dwelling unit of the GPA/ZC area, State Route 178 shall be constructed to Caltrans 4 lane standards from Miramonte Drive to Rancheria Road unless required to be constructed earlier according to condition no. 14 (see below). Mitigation for potentially significant traffic impacts. 11. Prior to the phase which contains the 50% buildout of the dwelling units within Section 10 and 11 of T29, R29, Old Walker Pass Road shall be constructed to collector standards from Alfred Harrell Highway to SR 178. The intersection of Old Walker Pass Road at SR 178 shall be realigned to meet at a perpendicular angle and meet intersection spacing requirements or as approved by the City Engineer and Caltrans. Mitigation for potentially significant traffic impacts. 12. With any development of Section 6 of T29, R30, State Route 178 shall be constructed to Caltrans 4 lane standards from the easterly boundary of the GPA/ZC area to Rancheria Road, including the gap area at 18200 SR 178 unless required to be constructed earlier according to condition no. 14 (see below). Mitigation for potentially significant traffic impacts. 13. If it becomes necessary to obtain any off site right of way and if the subdivider is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. Mitigation for potentially significant traffic impacts. 14. The GPA/ZC shall incorporate the following conditions per a letter from the California, Department of Transportation (Caltrans), Jeff Sorensen, District 6, dated January 16, 2009: a) After opening day improvements are constructed, traffic counts will be required for every 400 residential units constructed as needed for traffic monitoring purposes and to determine when a project specific traffic study(s) is necessary. The study(s) will determine if additional mitigation is needed or if certain interim improvements need to be accelerated. If the traffic monitoring indicates that additional trips are being distributed to SR 178 beyond originally estimated, the mitigation should be reevaluated and improvements constructed as needed. An evaluation of the SR 178 segment outside the project limits, between Miramonte Drive and Rancheria Road shall be included in all counts and traffic studies. Caltrans should be consulted with, prior to preparation of any traffic study to determine the acceptable scope and assumptions of the analysis. b) Upon submittal of a precise development plan(s), the following standards will be imposed for improvements related to project access on SR 178: • Minimum traffic signal spacing shall be one-half mile. No all-way stops will be permitted on SR 178; • Traffic diverters (worms) maybe placed halfway between signals to allow all movements except left turns onto SR 178; • Right turns in and out may be allowed onto SR 178 at one eighth mile spacing; • No other access should be allowed onto SR 178. Mitigation for potentially significant traffic impacts. y Attorney Cit 15. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, includirot Page 3 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval 140 without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. a) This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. b) The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT: Aariculture 16. (MM 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, 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. For potentially significant impacts to agricultural resources. 17. (MM 5.2-3) Prior to or concurrently with filing of a final map, 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 Page 4 of 19 EXHIBIT A GPAIZC No. 06-1722 Mitigation/Conditions of Approval 4 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. Prior to recordation, the subdivider shall submit and obtain approval of covenant wording with the City Attorney and Office of Environmental Services. For potentially significant impacts to agricultural resources. Public Health and Safetv 18. (MM 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. For potentially significant impacts to public health and safety. 19. (MM 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. For potentially significant impacts to public health and safety. 20. (MM 5.3-1c) 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. For potentially significant impacts to public health and safety. 21. (MM 5.3-1d) 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. For potentially significant impacts to public health and safety. 22. (MM 5.3-1e) Should any physical evidence of a Underground Storage Tank (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 a State-certified laboratory for gasoline and volatile organics, diesel, and total lead analyses. For potentially significant impacts to public health and safety. Page 5 of 19 lliw EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval *400 23. (MM 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. For potentially significant impacts to public health and safety. 24. (MM 5.3-1g) 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. For potentially significant impacts to public health and safety. 25. (MM 5.3-1h) 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. City of Bakersfield Public Works Department, Wastewater Division; Kern County Department of Environmental Health Services. When new sewer systems are installed by the City of Bakersfield Public Works Department. For potentially significant impacts to public health and safety. 26. (MM 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 (ACMs) prior to the commencement of any remedial work, including demolition. For potentially significant impacts to public health and safety. 27. (MM 5.3-1j) Due to the age of on-site structures (if constructed prior to 1978), ACMs may be present. Prior to issuance of a demolition permit, areas of potential ACMs 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 ACMs, to be certified and that certain procedures regarding the removal of asbestos be followed. For potentially significant impacts to public health and safety. 28. (MM 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. For potentially significant impacts to public health and safety. 29. (MM 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 Page 6 of 19 EXHIBIT A GPAIZC No. 06-1722 Mitigation/Conditions of Approval 4 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. For potentially significant impacts to public health and safety. 30. (MM 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. For potentially significant impacts to public health and safety. 31. (MM 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, PG&E shall be contacted for their removal or replacement. For potentially significant impacts to public health and safety. Aesthetics. Liaht and Glare 32. (MM 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. For potentially significant impacts to aesthetic resources. 33. (MM 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. For potentially significant impacts to aesthetic resources. 34. (MM 5.4-3b) All proposed commercial uses shall include landscaped street frontages, in accordance with the City's Municipal Code. For potentially significant impacts to aesthetic resources. 35. (MM 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. For potentially significant impacts to aesthetic resources. Traffic and Circulation 36. (MM 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 t Page 7 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval *90 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. For potentially significant impacts to traffic and circulation. 37. (MM 5.5-2) Prior to development, the City shall update the Bikeways Master Plan to reflect bikeways implemented as part of the proposed Project. For potentially significant impacts to traffic and circulation. 38. (MM 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 Study (McIntosh and Associates, January 2008, [Appendix 15.4]) to the satisfaction of the Public Works Department. For potentially significant impacts to traffic and circulation. 39. (MM 5.5-4b) For impacted intersections subject to fair-share improvements (refer to Table 6, from January 2008 Traffic Impact Study [refer to Rio Bravo Ranch EIR, 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. For potentially significant impacts to traffic and circulation. Noise 40. (MM 5.6-1a) 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 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. For potentially significant noise impacts. 41. (MM 5.6-1b) 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. For potentially significant noise impacts. 42. (MM 5.6-1c) 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. For potentially significant noise impacts. 43. (MM 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. For potentially significant noise impacts. Page 8 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval 44. (MM 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 interior mitigation measures shall be conducted when tentative tracts become available. For potentially significant noise impacts. 45. (MM 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 maps. The report shall be conducted by a qualified acoustical engineer and shall specify the measures required to achieve compliance with the City of Bakersfield 45 dBA interior noise level standard. For potentially significant noise impacts. 46. (MM 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. For potentially significant noise impacts. 47. (MM 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. For potentially significant noise impacts. 48. (MM 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. For potentially significant noise impacts. 49. (MM 5.6-6c) Six feet tall sound walls shall be constructed where neighborhood parks abut residential uses, as required in Section 16.28.1701 of the Subdivision Ordinance. For potentially significant noise impacts. 50. (MM 5.6-6d) 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. Page 9 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval 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. For potentially significant noise impacts. 51. (5.6-6e) 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. For potentially significant noise impacts. Air Qualitv 52. (MM 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 PM10 impacts to zero. For potentially significant impacts to air quality. 53. (MM 5.7-1b) 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. For potentially significant impacts to air quality. 54. (MM 5.7-1c) 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. For potentially significant impacts to air quality. 55. (MM 5.7-1 d) 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 (5.7-1a through 5.7-1d) and all tract development requirements. For potentially significant impacts to air quality. 56. (MM 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. For potentially significant impacts to air quality. 57. (MM 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: • 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 a ride-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. Page 10 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval *40 • 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, per the Bakersfield Municipal Code requirements. • 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. For potentially significant impacts to air quality. Biological Resources 58. (MM 5.8-1 a) During grading and construction, the Project Contractor shall ensure all trash and food waste is disposed of in closed containers and regularly removed from the Project site during construction. Absolutely no deliberate feeding of wildlife shall be allowed. For potentially significant impacts to biological resources. 59. (MM 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. For potentially significant impacts to biological resources. 60. (MM 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 % mile. The ramps shall be no steeper than a ratio of 1:1. For potentially significant impacts to biological resources. 61. (MM 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. • 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 Page 11 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval *40 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. For potentially significant impacts to biological resources. 62. (MM 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. For potentially significant impacts to biological resources. 63. (MM 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. For potentially significant impacts to biological resources. 64. (MM 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. For potentially significant impacts to biological resources. 65. (MM 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. For potentially significant impacts to biological resources. 66. (MM 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 Page 12 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval *40 Bakersfield Planning Department. Any evidence, such as dens, observed at any time during construction, shall be promptly reported to the reviewing agencies for resolution. For potentially significant impacts to biological resources. 67. (MM 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. For potentially significant impacts to biological resources. 68. (MM 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. For potentially significant impacts to biological resources. 69. (MM 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. For potentially significant impacts to biological resources. 70. (MM 5.8-7a) The Applicant/Developer shall retain a qualified biologist to conduct a pre- construction survey of the Project site; attention shall be given to existing grass lands, debris piles and mapped potential dens. Any identified Tipton kangaroo 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. For potentially significant impacts to biological resources. 71. (MM 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. For potentially significant impacts to biological resources. 72. (MM 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. For potentially significant impacts to biological resources. 73. (MM 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. For potentially significant impacts to biological resources. 74. (MM 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 Page 13 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval `40 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. For potentially significant impacts to biological resources. 75. (MM 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. For potentially significant impacts to biological resources. 76. (MM 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. For potentially significant impacts to biological resources. 77. (MM 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. For potentially significant impacts to biological resources. 78. (MM 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 Page 14 of 19 1~p0 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval 4 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. City of Bakersfield Development Services Department, Planning Division; California Department of Fish and Game. Prior to any construction activities. For potentially significant impacts to biological resources. 79. (MM 5.8-11 a) 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. For potentially significant impacts to biological resources. 80. (MM 5.8-11 b) 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 Rio Bravo Ranch EIR, Section 5.4, AESTHETICS, LIGHT AND GLARE, regarding light spill over and glare mitigation measures. For potentially significant impacts to biological resources. Cultural Resources 81. (MM 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. For potentially significant impacts to cultural resources. 82. (MM 5.9-1b) 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. For potentially significant impacts to cultural resources. 83. (MM 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. Page 15 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval *90 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. For potentially significant impacts to cultural resources. 84. (MM 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. For potentially significant impacts to cultural resources. 85. (MM 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. For potentially significant impacts to cultural resources. Public Services and Utilities 86. (MM 5.10-1 a) 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. For potentially significant impacts to public services and utilities. 87. (MM 5.10-1b) Residential Projects shall meet fire-flow requirements in accordance with relevant City building codes and City fire codes. For potentially significant impacts to public services and utilities. 88. (MM 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` Page 16 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval 4 • Preventing the manufacturing of unintentional isolation locations for individuals while engaged in recreational and/or conveyance in or around the Project site. For potentially significant impacts to public services and utilities. 89. (MM 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. For potentially significant impacts to public services and utilities. 90. (MM 5.10-4) Prior to the recordation of a final tract map, the 28.22 acres of proposed parkland and trail easements land shall be dedicated to the City for park uses. For potentially significant impacts to public services and utilities. 91. (MM 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. For potentially significant impacts to public services and utilities. 92. (MM 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. For potentially significant impacts to public services and utilities. 93. (MM 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. For potentially significant impacts to public services and utilities. 94. (MM 5.10-8a) 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. For potentially significant impacts to public services and utilities. 95. (MM 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. For potentially significant impacts to public services and utilities. 96. (MM 5.10-9) 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 possible. In addition, the Project Applicant/Developer shall coordinate with PG&E staff prior to construction regarding any potential service of facility issues. For potentially significant impacts to public services and utilities. Page 17 of 19 ~I EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval Geologic and Seismic Hazards 97. (MM 5.11-1 a) 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. For potentially significant impacts from geologic and seismic hazards. 98. (MM 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. For potentially significant impacts from geologic and seismic hazards. 99. (MM 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. For potentially significant impacts from geologic and seismic hazards. 100.(MM 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 a project-by-project basis and submitted to the City Building Director for approval prior to issuance of grading permits. For potentially significant impacts from geologic and seismic hazards. !jydrology and Water Quality 101.(MM 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. For potentially significant impacts to hydrology and water quality. 102.(MM 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. For potentially significant impacts to hydrology and water quality. 103.(MM 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." Page 18 of 19 EXHIBIT A GPA/ZC No. 06-1722 Mitigation/Conditions of Approval *40 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. For potentially significant impacts to hydrology and water quality. 104.(MM 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. For potentially significant impacts to hydrology and water quality. 105.(MM 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. For potentially significant impacts to hydrology and water quality. 106.(MM 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, must be demonstrated. For potentially significant impacts to hydrology and water quality. 107.(MM 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. For potentially significant impacts to hydrology and water quality. Mineral Resources 108.(MM 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 from DOGGR. Said proof, shall be submitted to the Planning Director prior to recordation of final maps. For potentially significant impacts to mineral resources. 109.(MM 5.14-3b) Abandoned oil wells shall be surveyed and accurately plotted on all future maps related to this Project with a ten-foot no-build radius. A legible copy of a map showing final Project design shall be submitted to the DOGGR. For potentially significant impacts to mineral resources. 110.(MM 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. For potentially significant impacts to mineral resources. 111.(MM 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. For potentially significant impacts to mineral resources. Page 19 of 19 Exhibit B *40 Specific Parks and Trails Plan Location Map wl f , i t - AEVV~ -,c Source: Wntosh & Associates, Rio 8ravo Ranch Proposed Parks and Trails Plan, 4/10/08. CON9V LTING 00 6m 1200' 1800' MPNO%pNiE vP.oe s~6ntm'fmtta5 LEGEND RK:) BRAVO RANCH BOUNDARY - - CIRCULATION COLLECTOR =n=u=um CIRCULATKNN ARTERIAL CIRCULATKNN HIGHWAY DESIGNATED TRAILS PER KERN RIVER PLAN AND NE BAKERSFIELD PARKS AND TRAILS PLAN - - - - EXISTING DESIGNATED CLASS 2 BIKE LANE EXISTING DESIGNATED CLASS 3 BIKE LANE - - - - - - PROPOSED FOOT PATH PROPOSED TRAIL OS (OPEN SPACE) OS-S (EXCEEDS 307 SLOPE) P/1iPoC PARK RIO BRAVO RANCH GPNZC 06-1722 • EIR Proposed Parks and Trails Plan Figure 3-7 Exhibit C Statement of Facts, Findings, and Mitigation Measures FINAL FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS FOR THE RIO BRAVO RANCH PROGRAM EIR GPA/ZC 06-1722 SCH # 2007101060 /0 0 B A K E R S F' 1 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: WF CONSULTING 2101 Arena Boulevard, Suite 250 Sacramento, California 95834 December 2008 JN 60-100320 TABLE OF CONTENTS EXHIBIT A - STATEMENT OF FACTS AND FINDINGS 1. 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 .............1 .............1 2 .............4 4 5 ...........13 29 for Significant Impacts 84 IX. Finding Regarding Alternatives 91 EXHIBIT B - STATEMENT OF OVERRIDING CONSIDERATIONS ..........................................96 B A R E R S F I E 4 D EXHIBIT A STATEMENT OF FACTS AND FINDINGS 1. INTRODUCTION CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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 to mitigate or avoid significance environmental effects are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. C. Specific economic, social, or other considerations make infeasible the mitigation measures or Project 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 • CITY OF BAKERSFIELD Rio Bravo Ranch Project O A K E R S F J E Lp GPAIZC 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. II. 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 Preserve 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 Kern River Plan Element. The Kern 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 JN 60-100320 2 December 2008 • CITY OF BAKERSFIELD /0 Rio Bravo Ranch Project s A R E R 6 F( E L A 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 Kern 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 Kern River Plan Element within the proposed Project boundary in order to conform to the requested GPA land use designations. The portions of the Project located within the Kern 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 Kern 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 Kern River Plan Element land use designations would remain unchanged. In addition to the existing land use designations on-site, the proposed Kern 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. JN 60-100320 3 December 2008 X-0 • B A R E R S( I E L D IV FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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. 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 for a 30-day period commencing on October 13, 2007, and concluding on November 13, 2007. 3. 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 JN 60-100320 4 December 2008 X-0 • s A K E R S F I E L O CITY OF BAKERSFIELD 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 wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct 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 JN 60-100320 5 December 2008 ie 8 A K H R S F I F L D and temporary impacts, if necessary significant. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Impacts in this regard would be less than Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state 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 the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 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 B A K 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 the environment through the routine 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 the project result in a safety hazard for people residing or working in the project area? The proposed Project site is not located within two miles of a public airport or public use airport. Therefore, 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 the 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 quality 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 JN 60-100320 7 December 2008 /_9 s A L E R • S F I E L D 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 stormwater 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 B A K E R 6 F I E L 0 CITY OF BAKERSFIELD 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. JN 60-100320 9 December 2008 • CITY OF BAKERSFIELD /--0- Rio Bravo Ranch Project O A K E R S F I E L D 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 a locally-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? JN 60-100320 10 December 2008 i CITY OF BAKERSFIELD X-0 Rio Bravo Ranch Project 8 A K 6 R S F 1 E L D 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. JN 60-100320 11 December 2008 Z I-0 0 s X K F R 5 f I F L 0 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) or incompatible 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. JN 60-100320 12 December 2008 • CITY OF BAKERSFIELD X10 Rio Bravo Ranch Project 9 A K E R S F I E L n GPAIZC 06-1722 SCH No. 2007101060 Comply with federal, state, and local statutes and regulations related to solid waste? Refer to Response, above. VI. FINDINGS REGARDING EFFECTS DETERMINED TO BE INSIGNIFICANT OR LESS THAN SIGNIFICANT The 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 THE PHASED ELIMINATION ARE DEVELOPED. PROPOSED PROJECT WOULD RESULT IN OF OPEN SPACE AS PLANNED LAND USES Facts SuDDortina Findinq 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. JN 60-100320 13 December 2008 Ile 0 X 8 A IC E R S P I E L D Facts Supportina Findinq CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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 SuDDortina Findinq 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 Kern River where possible; and (c) exhibit pedestrian sensitivity with appropriate design applied to encourage pedestrian activity. In addition to 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 JN 60-100320 14 December 2008 CITY OF BAKERSFIELD Rio Bravo Ranch Project B A K E R 6 F! E L Q 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 SuDDortina Findinq 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 IN THE ESTABLISHMENT OF TWO NEW COLLECTOR ROADWAYS TO PROVIDE ACCESS THROUGHOUT THE PROPOSED PROJECT AND NEIGHBORING PROPERTIES. Facts Supportina Findinq 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 JN 60-100320 15 December 2008 • CITY OF BAKERSFIELD Rio Bravo Ranch Project R s r i s n GPA/ZC 06-1722 n SCH No. 2007101060 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 Supportina 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 SUDDortina Findinas 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 Supportina 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 JN 60-100320 16 December 2008 CITY OF BAKERSFIELD Rio Bravo Ranch Project e a r s s F E L o GPA/ZC 06-1722 SCH No. 2007101060 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 Suoportina Findinas 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 SuDDortina Findinas 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 Findinas 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 JN 60-100320 17 December 2008 /0- • B A K E R& F 1 E L d CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 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 SuDDortina Findinas 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 SuDDortino Findinas Impacts related to hazardous materials and hazardous substances are considered site- specific and are generally mitigated to less than significant levels on a project-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 SuDDortina Findinas 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 JN 60-100320 18 December 2008 X1_0 • 8 t K E R S F I£ L A 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 SupDortina Findinqs A Level 1 screening analysis of the visibility impacts was conducted using the default VISCREEN settings. In accordance with EPA VISCREEN guidance, primary N02 was assumed to be zero, while PM10 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. JN 60-100320 19 December 2008 /0 a # 1~ E R • S F 1 E L Q Air Quality Conformity Analysis CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 5.7-5 THE PROJECT WOULD NOT BE INCONSISTENT WITH THE AIR QUALITY ATTAINMENT PLAN (AQAP) CRITERIA. Facts SuoDortina Findinas 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 JN 60-100320 20 December 2008 s A k E R S F 1 E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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 PM10 when analyzed using the 2006 PM10 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 PM10 Plan projection. Cumulatively, there is a less than significant impact for PM10 from the proposed Project as analyzed in the context of the Triennial Plan. JN 60-100320 21 December 2008 • CITY OF BAKERSFIELD Rio Bravo Ranch Project a A k E R S F! f L o 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 Supportina 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. JN 60-100320 22 December 2008 8 A K E R S F i E L D CULTURAL RESOURCES Cumulative Impacts CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 5.9-3 CUMULATIVE DEVELOPMENT WOULD NOT ADVERSELY AFFECT CULTURAL RESOURCES. RESOURCES ARE EVALUATED AND MITIGATED ON A PROJECT-BY-PROJECT BASIS. Facts Supportina 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 IN DEMAND OR EXPANSION OF SEWER SERVICES. Facts Supportina Findinqs 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 property 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 INCREASED 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 Supportina Findinqs 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 JN 60-100320 23 December 2008 zo # 0 A k E R S F I E L A CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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 SupDortino 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 Sugportino 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 X0 • 8 A k E R S P i E L q Dam Inundation CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 5.11-6 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT EXPOSE THE PROPOSED STRUCTURES TO A SIGNIFICANT RISK RESULTING FROM A SEISMICALLY-INDUCED FAILURE OF ISABELLA DAM. Facts Supportina 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 SuDDortina Findinas 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 a project-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 CITY OF BAKERSFIELD Rio Bravo Ranch Project aa~RSco GPAIZC06-1722 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 Supportina Findinas 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 THEAREA. Facts Supportina Findinas 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 /9- 0 s A k E R S F 1 E L D Facts SupDortina Findings CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 06-1722 SCH No. 2007101060 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 BU/LDOUT 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 Supportina 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 X0 s A K E R S F I E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 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 SuDDortina Findinas 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 SuDDortina Findinas 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 Z9 A K E R S F I E L D Facts Supporting Findinqs CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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. VII. 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 Supportino Findina. 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 B A K E R 5 F I E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 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 SuDoortina Findinq 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 Z-0 # B A K E R S F 1 E L A 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 X0 • H A K 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 Sugportina Findinq 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 32 December 2008 8 A K E R S F I E L p Facts Supportina Findina, 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. Underaround Storaae Tanks (USTO 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 B A K E R S. F I E L D Water Wells CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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. SeDtic Svstems 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 5.3-1h. 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 PiDe 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 Z9 A K E R S F 1 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, (CARB). 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 Stationarv 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. JN 60-100320 35 December 2008 X10 • 8 A: k E R S t t E L t7 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 ProsDect 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. Underaround Storaae Tanks (USTs) 5.3-1e 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 a State-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. JN 60-100320 36 December 2008 X0 • 8 A k E R 5 F I E L D Septic Systems CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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 (ACMs) 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), ACMs may be present. Prior to issuance of a demolition permit, areas of potential ACMs 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 ACMs, 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 Findinq 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 JN 60-100320 37 December 2008 X110 0 s A L E R S F I E L A CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 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 Findinq 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. JN 60-100320 38 December 2008 '11-0 8 A K E R • S F I E L D Agricultural Use of Property/Adjacent Properties CITY OF BAKERSFIELD Rio Bravo Ranch Project GPazC 06.1722 SCH No. 2007101060 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 Sugoortina Findinq 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: 5.34 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 B/PHENYLS (PCBs) TO EXIST IN THE ELECTROLYTIC FLUIDS OF PG&E-OWNED TRANSFORMERS. Facts Supportina Findinq 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 JN 60-100320 39 December 2008 O A K E R S. P t 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, PG&E 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 SuDDortina Findinq 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 PM10 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. JN 60-100320 40 December 2008 • CITY OF BAKERSFIELD Rio Bravo Ranch Project X0 B A 1 E R 8 F I E L 0 GPAIZC 06-1722 SCH No. 2007101060 AESTHETICS, LIGHT, AND GLARE Short-Term Aesthetic Impacts (Construction) 5.4-1 GRADING AND CONSTRUCTION OF INDIVIDUAL PHASES WOULD TEMPORARILY ALTER THE VISUAL APPEARANCE OF THE PROPOSED PROJECT AREA. Facts Supportina Findinq 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. Dearadation 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. JN 60.100320 41 December 2008 • a A K E R 6 F I E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 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. Liaht 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 a site-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. JN 60-100320 42 December 2008 8 A K H R S F I E L D Facts Sui2portino Findinq CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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 Sugportino Findinq 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. JN 60-100320 43 December 2008 CITY BAKERSFIELD Rio Bravo Ranch h Project X9 e~sa~c~ GPA/ZC06-1722 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 Supportina Findina, 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. JN 60-100320 44 December 2008 CITY FIELD Rio Bravo Ranch Ranch Project GPA/ZC 06-1722 Z9 A K E R S F I E L A 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 Findinq 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 Findinq 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 * CITY FIELD Rio Bravo Ranch Ranch Project GPA/ZC 06-1722 8 A K E R S F 1 E L A 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 Suooortina Findinq 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. JN 60-100320 46 December 2008 • CITY OF BAKERSFIELD /0 Rio Bravo Ranch Project s A K E R S F i E L p 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 Findinq 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-dBA 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 L,,,,ax, 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: 5.6-1a 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 JN 60-100320 47 December 2008 / > 8 A l E R S F I E L A CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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. 5.6-1b 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. 5.6-1c 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 SuDDortina Findinq 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 JN 60-100320 48 December 2008 0 CITY OF BAKERSFIELD Rio Bravo Ranch Project 6 A k E R S F i 6 L D GPA/ZC 06-1722 SCH No. 2007101060 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 ASSOCIATED WITH FUTURE RESIDENTIAL AND COMMERCIAL USES, AS WELL AS MECHANICAL EQUIPMENT AND LANDSCAPE MAINTENANCE. Facts Supportina Findinq 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. JN 60-100320 49 December 2008 s A 1, E R S F 1 E L Q Neiahborhood Parks CITY OF BAKERSFIELD Rio Bravo Ranch Project cPA/zC 06-1722 SCH No. 2007101060 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 Raftina 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. Hvdroelectric 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. JN 60-100320 50 December 2008 • CITY OF BAKERSFIELD Rio Bravo Ranch Project 8 A K E R& F £ L A 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 16.28.1701 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. JN 60-100320 51 December 2008 B A K E R S F i e L c~ CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 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 Supporting Findina, 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 PM1o. 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 JN 60-100320 52 December 2008 XI-9 # s A 1 E R S F! E L L1 CITY OF BAKERSFIELD 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), JN 60-100320 53 December 2008 8 A K E R S F! E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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 immitis 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: 5.7-1a The developer shall enter into a voluntary agreement with the San Joaquin Valley Air Pollution Control District to reduce ROG, NO,, and PM10 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. 5.7-1c 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. JN 60-100320 54 December 2008 X0 9 8 A K E R 5 F I E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 06-1722 SCH No. 2007101060 5.7-1 d 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 (5.7-1a through 5.7-1d) 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 ELECTRICITY AND NATURAL GAS CONSUMPTION. Facts Supportina Findina, 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 NO. 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. JN 60-100320 55 December 2008 CITY FIELD Rio Bravo Ranch Ranch Project GPA/ZC 06-1722 s A K E R a F I E L D SCH No. 2007101060 Carbon Monoxide Hot Soots 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. Lono-Term Emissions Minimization Measures The developer proposes to enter into a Voluntary Emission Reduction Agreement with the SJVAPCD to mitigate related ROG, NOx and PM10 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. JN 60-100320 56 December 2008 6 A K E R S F I E L 0 CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 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 Supportina Findinq 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 PM10 and PM2.5 Impacts - PM10 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. PM10 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 X0 • 8 A K E R S F I E L Q 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 8 A K 8 R 5 F 1£ 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 a ride-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 IN THE PROJECT AREA. Facts Supoortina Findinq 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 JN 60-100320 59 December 2008 • CITY OF BAKERSFIELD Rio Bravo Ranch Project e A K L R 5 F I E L D 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 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 Findinq 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. JN 60-100320 60 December 2008 /0- B A X E R S F I E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project 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- TEHACHAPI SALTBUSH SCRUB HABITAT. Facts Supportina Findino. 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: JN 60-100320 61 December 2008 /0 B A K E R S F 1 E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project 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 SUDDortina Findinq 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 X-0 0 8 A K E R S F I E L D San Joaquin Kit Fox CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 5.8-6 THE PROPOSED PROJECT HAS THE POTENTIAL TO IMPACT (BOTH DIRECTLY AND INDIRECTLY) SAN JOAQUIN KIT FOX. Facts Suooortina Findinq 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. JN 60-100320 63 December 2008 X-10 0 1 8 A K E R S F I E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 5.8-6c 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 a pre- construction survey of the Project site; attention shall be given to existing grass lands, debris piles and mapped potential dens. Any identified Tipton kangaroo JN 60-100320 64 December 2008 • 8 A X E R 5 P 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 Supportino Findinq 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 K E R • S F 1 E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 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 Suooortina Findinq 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 8 K E R i S F I E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 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. JN 60-100320 67 December 2008 /0- 0 B A K E R F' t E. L D Long-Term Impacts CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 5.8-11 THE PROPOSED PROJECT WOULD RESULT IN PERMANENT LONG- TERM IMPACTS ON BIOLOGICAL RESOURCES COMPARED TO EXISTING CONDITIONS. Facts SuDDortina Findinq The following impact analysis evaluates long-term implications of the proposed Project on biological resources. Wildlife ImDacts 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. JN 60-100320 68 December 2008 Zo 0 e A k E R S F I E L,p Night Liahtinq CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 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 Supportina Findinq 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. JN 60-100320 69 December 2008 /_0 8 A K E R • S 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 5.9-1 a 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. JN 60-100320 70 December 2008 .Oez 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 5.9-1 c 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. Testing 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. JN 60-100320 71 December 2008 X-0 i B A K E R S F 1 'E L D Facts SUDDortino Findinq CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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. 5.10-1b Residential Projects shall meet fire-flow requirements in accordance with relevant City building codes and City fire codes. JN 60-100320 72 December 2008 e 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 5.10-1c 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 SUDDortino Findinq 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 Findinq 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 X-0 • B A K E R S F ! 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 Supportina Findinq 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 X H A K L R S F 1 6 L G 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 Suoportina Findina, 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 Waste/Landfills 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 Supportina Findinq 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 /-9 • 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 According to the Kern 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 Findinq 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 JN 60-100320 76 December 2008 X0 i 8 A! H R S F I 8 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 IN INCREASED DEMAND FOR NATURAL GAS SERVICES. Facts SUDDortina Findinq 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. PG&E 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. JN 60-100320 77 December 2008 i%• R S F!£ L U GEOLOGIC RESOURCES Soil Erosion CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 5.11-1 FUTURE DEVELOPMENT OF THE PROPOSED PROJECT SITE MAY RESULT IN SUBSTANTIAL SOIL EROSION. Facts SUDDortina Findina 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. JN 60-100320 78 December 2008 s CITY OF BAKERSFIELD Rio Bravo Ranch Project a A is H R S F 1 E L p GPA/ZC 06.1722 SCN 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 Supportina Findinq 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 1~P 8 A K E R S F 1 E L q Facts SUDDortina Findinq CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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 a project-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 SunDortina Findinq 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 B A k E R 5 r! E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project 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. 5.12-1 b 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. JN 60-100320 81 December 2008 0-11 0 s A K E R S F E L 0 CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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 IN URBAN POLLUTANT DISCHARGE RESULTING IN IMPACTS TO WATER QUALITY. Facts Supportina Findinq 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 Z-0 a A K E R S F!£ L D GPAIZC 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 Supporting Findinq 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 JN 60-100320 83 December 2008 s n K E R 6 f! E L 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. 5.14-3b Abandoned oil wells shall be surveyed and accurately plotted on all future maps related to this Project with a ten-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. VIII. 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 SuDDortino Findinq 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 A k R S F I E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project 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 a rural/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 a site-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 a project-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 a project-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 IN GREATER URBANIZATION AND THE LOSS OF VIEWS TO SCENIC RESOURCES IN UNDEVELOPED AREAS OF THE NORTHEASTERN PORTION OF THE CITY OF BAKERSFIELD. Facts Su 2portina Findina. 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 e E R S F i E g o 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 IN PERMANENT NOISE LEVEL INCREASES. Facts SuDDortina Findinq 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 & 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 /9 0 8 A K E R S F I E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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 Roadway Segment Alfred Harrell Highway Morning Drive to Masterson Street I Masterson Street to Old Walker Pass Road I Paladino Drive to SR-178 I Comanche Drive I SR-178 to Breckenridge Drive I South of Breckenridge Drive I Breckenridge Drive West of Comanche Drive I SR-178 1 Vineland Road to Masterson Street I Masterson Street to Comanche Drive I Comanche Drive to Miramonte I Miramonte to Old Walker Pass Road I Rancheria Road to Project Entrance #2 1 Project Entrance #2 to Project Entrance #3 1 Project Entrance #3 to Project Entrance #4 1 Kern Canyon Road I Morning Drive to Vineland Road I Vineland Road to Masterson Street I Morning Drive I Paladino Drive to Alfred Harrell Highway Masterson Street I Alfred Harrell Highwav to Paladino Drive I Panorama Drive to SR-178 I SR-178 to Breckenridge Dr I Paladino Drive I Fairfax Road to Morning Drive I Masterson Street to Alfred Harrell Highway I Old Walker Pass Road Alfred Harrell Highway To SR-178 I CNEL, dB 2015 2015 Plus No Proiect Project I 56.6 I 60.4 56.0 I 60.3 62.6 I 65.6 I 59.1 1 61.3 58.8 1 60.3 48.1 1 49.3 66.9 66.3 64.6 63.8 64.0 64.0 64.0 69.1 69.4 68.3 68.0 66.8 66.1 65.2 62.4 61.9 60.4 48.3 57.3 62.2 59.5 55.9 60.8 63.1 63.0 61.5 50.4 58.4 62.5 61.3 58.7 64.2 Significant Change Noise Impact? I 3.8 1 No 4.3 1 No 3.0 1 1 YES 2.2 1 No 1.5 1 1 No 1.2 1 No 2.2 3.1 3.7 4.2 2.8 2.1 1.2 YES YES YES YES No No No 0.7 1.1 1.1 2.1 1.1 0.3 1.8 2.8 3.4 No No No No No No No No YES JN 60-100320 87 December 2008 /-9 • B A K E R S F I E L p Roadway Segment Rancheria Road CNEL,dB 2015 2015 Plus No Project Project North of SR-178 1 49.2 1 50.4 1 1.2 1 No Panorama Drive I I I I Morning Drive to Vineland Road 1 57.7 1 58.2 1 0.5 1 No Source: Environmental Noise Assessment, j.c.brennan & associates, Inc., April, 2008. 1. Noise levels were calculated at 100 feet from the roadwav 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' Roadway Segment Alfred Harrell Highway Morning Drive to Masterson Street I Masterson Street to Old Walker Pass Road I Paladino Drive to SR-178 I Comanche Drive I SR-178 to Breckenridge Drive I South of Breckenridge Drive I Breckenridge Drive I West of Comanche Drive I SR-178 Vineland Road to Masterson Street I Masterson Street to Comanche Drive I Comanche Drive to Miramonte I Miramonte to Old Walker Pass Road I Rancheria Road to Proiect Entrance #2 1 Project Entrance #2 to Proiect Entrance #3 1 Project Entrance #3 to Project Entrance #4 1 CNEL,dB 2030 2030 Plus No Project Project 58.9 1 63.1 1 4.2 1 No 57.4 1 62.7 1 5.3 1 YES 65.6 1 68.6 1 3.0 1 No 59.6 1 63.0 59.6 1 61.9 1 48.3 1 50.5 68.6 67.6 66.1 66.7 65.9 65.9 65.9 JN 60-100320 88 71.4 71.3 70.7 70.9 69.6 68.9 68.0 CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 I Significant Change Noise Impact? Significant Change Noise Impact? 3.4 1 No 2.3 1 No 1 2.2 1 No 2.8 3.7 4.6 4.2 3.7 3.0 2.1 YES YES YES YES YES YES YES December 2008 /0 8 A, K E R S F I E L D Kern Canyon Road Morning Drive to Vineland Road I Vineland Road to Masterson Street I Morning Drive Paladino Drive to Alfred Harrell Highway I Masterson Street Alfred Harrell Highway to Paladino Drive I Panorama Drive to SR-178 I SR-178 to Breckenridge Drive I Paladino Drive Fairfax Road to Morning Drive I Masterson Street to Alfred Harrell Highway I Old Walker Pass Road Alfred Harrell Highway to SR-178 1 Rancheria Road North of SR-178 I Panorama Drive I Mornina Drive to Vineland Road I CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 06-1722 SCH No. 2007101060 65.1 I I I 65.9 I I 0.8 I No 64.5 I 65.7 I 1.2 I I No 64.8 I I I 65.6 I 0.8 I I No 51.5 I I 1 53.6 1 2.1 1 No 61.2 1 62.0 1 0.8 1 No 64.7 1 65.3 1 1 0.6 1 1 No 63.9 I 1 65.3 1 1.4 1 No 60.3 1 62.4 1 2.1 1 I No 65.3 I I I 68.0 1 2.7 1 I YES 51.1 I I I 53.3 1 2.2 1 I No 62.4 I I I 62.7 1 0.3 1 No Source: Environmental Noise Assessment, j.c. brennen & associates, Inc., April, 2008. 1. Noise levels were calculated at 100 feet from the roadwav 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 SunDortino Findinq 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 • CITY OF BAKERSFIELD X0 Rio Bravo Ranch Project a+ k E R S F I E L o 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 5.6-1 a through 5.6-4e, above. AGRICULTURAL RESOURCES Cumulative Impacts 5.2-4 DEVELOPMENT OF THE PROPOSED PROJECT, AS WELL AS THE BUILDOUT IN ACCORDANCE WITH THE CITY'S GENERAL PLAN, WOULD RESULT IN THE CUMULATIVE LOSS OF FARMLAND. Facts Suoportino Findinq 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 Z-0 • s A 1 E R S F I E L D IX. FINDING REGARDING ALTERNATIVES CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 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 Kern River Plan Element. Under this Alternative, the Project would not require an amendment to the Kern River Plan Element land uses within the proposed Project boundary. The portions of the property located within the Kern 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 x_9 • a h K E R S F I E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 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 s A A 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: Proposed Land Use I Proposed Acreage I Dwelling Units/Acre I Residential Units SR 1 216.01 1 4.0 1 864.04 ER 1 908.65 1 1.0 1 843.53 OS I 738.53 I N/A I N/A Total I 1,863.19 I I 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 a City-wide feasibility study which is outside the scope of this EIR. JN 60-100320 93 December 2008 /_9 a A K E R • S F I E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 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 all 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 Z-0 e A K E R S F! E L a GPA/ZC 06-1722 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 D Statement of Overriding Considerations A K R S T t 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 * CITY OF BAKERSFIELD Rio Bravo Ranch Project 8 A K E R S F I E L D 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: `7f 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 than significant. JN 60-100320 97 December 2008 Exhibit E Mitigation Monitoring and Reporting Program ` CITY OF BAKERSFIELD Rio Bravo Ranch Project s A k r R 5 r 1 E ,4 a 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 ZI-0 e S A K E R S F I E L D CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 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 B A k E R 5 F I E L D Mitigation Monitoring Table Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation I Summary of Measure I Monitoring Responsibility Measure 5.1 LAND USE AND RELEVANT PLANNING MM 5.1-1 Construction-related dust would be offset through standard City of Bakersfield Development Services construction practices. Vehicle staging and materials Department, Planning Division. stockpiling shall be removed as far as practicable from adjacent residences. Construction noise impacts will be short- term in nature and are not expected to continue after build-out of the project. Construction-related impacts are temporary and would cease upon project completion. This is considered a less than significant impact with implementation of standard City conditions and mitigation measures provided in the appropriate sections of this EIR. 5.2 AGRICULTURE MM 5.2-1 Prior to issuance of a grading or building permit on a project by City of Bakersfield Development Services project basis, the developer shall provide written evidence of Department, Planning Division. 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. Timing Prior to issuance of a grading permit / Monitored during construction activities. Prior to issuance of a grading or building permit on a project by project basis, whichever permit for each development phase. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-3 Mitigation Monitoring Program /0 • B A A E R 5 f I E L 0 Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Summary of Measure Monitoring Responsibility Measure 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, Stanislaus, Merced, Fresno, Madera, Kings, Tulare, Kem), or outside the San Joaquin Valley with written evidence that the same or equivalent crops can be produced on the mitigation land. MM 5.2-3 Prior to or concurrently with filing of a final map, if the adjoining City of Bakersfield Development Services properties are still in agricultural uses and have not received Department, Planning Division. 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. Prior to recordation, the Timing Prior to or concurrently with filing of a final map. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-4 Mitigation Monitoring Program /0 ; B A A E. R S F I E L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Measure Summary of Measure I Monitoring Responsibility subdivider shall submit and obtain approval of covenant wording with the City Attorney and Office of Environmental Services. MM 5.2-4 No feasible mitigation measures are available at this time that would reduce the impacts to less than significant. The proposed Project would result in a significant and unavoidable cumulative impact related to the conversion of prime agricultural land. If the City of Bakersfield approved the Project, the City shall be required to cite its findings in accordance with CEQA Guidelines §15091 and prepare a Statement of Overriding Considerations in accordance with CEQA Guidelines §15093. 5.3 PUBLIC HEALTH AND SAFETY MM 5.3-1a Aboveground Storaae Tanks and Stationarv Engines / Drums and Containers 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 SWA 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. City of Bakersfield Development Services Department, Planning Division. Timing Prior to issuance of grading permits. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPAIZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) MM 5.3-1b Once any AST's are removed, a visual inspection of the areas City of Bakersfield Development Services Once any AST's are removed. beneath the removed engines and ASTs shall be performed. Department, Planning Division. 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. FINAL - DECEMBER 2008 13-5 Mitigation Monitoring Program _0 s a A K E R s F i E t> D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Summary of Measure Monitoring Responsibility Measure MM 5.3-1c Prior to issuance of grading permits, on-site drums and fluid City of Bakersfield Development Services containers shall be similarly removed to the offsite Rio Bravo Department, Planning Division. 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. MM 5.3-1d Abandoned Prospect Wells City of Bakersfield Development Services Prior to the recordation of any final map affected, the Project Department, Planning Division. 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. MM 5.3-1e Underaround Storaae Tanks (USTs) City of Bakersfield Development Services Department, Planning Division. 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 a State-certified laboratory for gasoline and volatile organics, diesel, and total lead analyses. Timing Prior to issuance of grading permits. Prior to the recordation of any final map affected. During grading operations. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-6 Mitigation Monitoring Program 8 A K E R S P t E L D Mitigation Summary of Measure Measure MM 5.3-1f Water Wells Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 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. MM 5.3-1g 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. MM 5.3-1h Seotic Svstems 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. MM 5.3-1i On-Site Structures 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. MM 5.3-1j Due to the age of on-site structures (if constructed prior to 1978), ACMs may be present. Prior to issuance of a demolition permit, areas of potential ACMs shall be sampled as part of an Monitoring Responsibility I Timing City of Bakersfield Development Services Prior to issuance of grading permits. Department, Planning Division. City of Bakersfield Development Services Prior to issuance of grading permits. Department, Planning Division; California Department of Water Resources; Kern County Department of Environmental Health Services. City of Bakersfield Public Works When new sewer systems are installed Department, Wastewater Division; Kern by the City of Bakersfield Public Works County Department of Environmental Health Department. Services. City of Bakersfield Development Services Prior to issuance of a demolition permit. Department, Planning Division. City of Bakersfield Development Services Prior to issuance of a demolition permit. Department, Planning Division. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA1ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-7 Mitigation Monitoring Program 4; a A K E R s i t E L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Summary of Measure Monitoring Responsibility Timing Measure 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 ACMs, to be certified and that certain procedures regarding the removal of asbestos be followed. MM 5.3-1k Due to the age of on-site structures (if constructed prior to City of Bakersfield Development Services During demolition. 1978), lead-based paints (LBPs) may be present. If during Department, Planning Division. 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. MM 5.3-2 If during grading and construction a pipeline accident occurs, City of Bakersfield Development Services During grading and construction. potential unknown buried hazardous materials are found, Department, Planning Division. 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. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-8 Mitigation Monitoring Program /_0 8 A K E R S i I E I. 0 Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation I Summary of Measure Measure MM 5.3-3 Refer to Mitigation Measure 5.3-1d, above. Monitoring Responsibility City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division. Timing Prior to the recordation of any final map affected. Prior to issuance of any grading permit. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) MM 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. MM 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, PG&E shall be contacted for their removal or replacement. 5.4 AESTHETICS, LIGHT AND GLARE MM 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. MM 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. City of Bakersfield Development Services Department, Planning Division. Prior to recordation of a final tract map. City of Bakersfield Development Services With submittal of a grading plan for each Department, Planning Division. development phase. City of Bakersfield Development Services With submittal of a tentative tract map. Department, Planning Division. MM 5.4-3b I All proposed commercial uses shall include landscaped street I City of Bakersfield Development Services I Prior to or concurrently with filing of a frontages, in accordance with the City's Municipal Code. Department; Planning Division. final map. MM 5.4-4 1 During the installation of lighting standards, the Applicant shall I City of Bakersfield Development Services I During the installation of lighting FINAL - DECEMBER 2008 13-9 Mitigation Monitoring Program 6 A K F R S F I E L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Measure MM 5.4-6 Summary of Measure 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. Refer to Mitigation Measures 5.1-1 through 5.4-4, above. No additional feasible mitigation measures have been identified. Development of the proposed Project, along with cumulative projects, would change the visual appearance of the properties from agricultural uses to urban uses. 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. If the City of Bakersfield approves the proposed Project, the City shall be required to cite its findings in accordance with Section 15091 of CEQA and prepare a Statement of Overriding Considerations in accordance with Section 15093 of CEQA. 5.5 TRAFFIC AND CIRCULATION MM 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. MM 5.5-2 Prior to development, the City shall update the Bikeways Master Plan to reflect bikeways implemented as part of the Monitoring Responsibility Timing Department, Planning Division. standards. City of Bakersfield Development Services Prior to grading permit issuance. Department, Planning Division. City of Bakersfield Development Services Prior to development. Department, Planning Division. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-10 Mitigation Monitoring Program a A K E R S F E E L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Measure Summary of Measure I Monitoring Responsibility proposed Project. MM 5.5-3 I Refer to Mitigation Measures 5.5-4a and 5.4b, below. MM 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 Study (McIntosh and Associates, January 2008, [Appendix 15.4]) to the satisfaction of the Public Works Department. MM 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. 5.6 NOISE MM 5.6-1a 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 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. MM 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. MM 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 City of Bakersfield Public Works Department; Traffic Engineering Division. City of Bakersfield Public Works Department; Traffic Engineering Division. City of Bakersfield Public Works Department; Traffic Engineering Division. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Building Division. Timing Prior to the issuance of building permits. Prior to the issuance of building permits. Prior to the issuance of building permits. Prior to issuance of grading permits. Monitored during construction activities. City of Bakersfield Development Services Prior to approval of the Project plans and Department, Building Division. specifications. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-11 Mitigation Monitoring Program /110 f 8 A 3 ER 5 F I E. L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Measure MM 5.6-1d MM 5.6-2 MM 5.6-3a MM 5.6-3b MM 5.6-3c Summary of Measure efficient operating condition. 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. No mitigation measures are feasible. Analysis has concluded that long-term vehicular-related noise would exceed the City's threshold of significance and would result in a significant impact. The resultant increase in the ambient noise environment is also considered significant and unavoidable. 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 interior mitigation measures shall be conducted when tentative tracts become available. 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 maps. The report shall be conducted by a qualified acoustical engineer and shall specify the measures required to achieve compliance with the City of Bakersfield 45 dBA interior noise level standard. 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. Monitoring Responsibility CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA2C 06-1722 SCN No. 2007101060 Timing I Verification (Date and Initials) City of Bakersfield Development Services Prior to approval of the Project plans and Department, Building Division. specifications City of Bakersfield Public Works Prior to tract recordation. Department; Traffic Engineering Division. City of Bakersfield Public Works Concurrent with submittal of a tentative Department; Traffic Engineering Division. tract maps. City of Bakersfield Development Services Concurrent with submittal of a tentative Department; Planning Division. tract map. FINAL - DECEMBER 2008 13-12 Mitigation Monitoring Program B A K £ R S I E L b Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Summary of Measure I Monitoring Responsibility Timing Measure MM 5.6-4a Where commercial uses are located, the primary noise sources City of Bakersfield Development Services With the submittal of a Site Plan are parking lot noise, HVAC equipment, and light truck Department; Planning Division. Application for commercial areas. 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. MM 5.6-4b Where commercial uses abut residential property lines, and City of Bakersfield Development Services With submittal of a tentative tract map. loading docks or truck circulation routes face the residential Department, Planning Division. 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. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA2C 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-13 Mitigation Monitoring Program 8 A k. E R S F I E. L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Measure MM 5.6-6c 5.6-6d Summary of Measure Monitoring Responsibility CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Timing I Verification (Date and Initials) 5.6-6e MM 5.6-5 1 5.7 AIR QUALITY MM 5.7-1a MM 5.7-1b MM 5.7-1c MM 5.7-1d Six feet tall sound walls shall be constructed where neighborhood parks abut residential uses, as required in Section 16.28.1701 of the Subdivision Ordinance. 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. 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. Refer to Mitigation Measures 5.6-1a through 5.6-4e, above. I The developer shall enter into a voluntary agreement with the San Joaquin Valley Air Pollution Control District to reduce ROG, NO,, and PM1o impacts to zero. 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. 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. 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 (5.7-1a through 5.7-1d) and all tract development requirements. City of Bakersfield Development Services Concurrent with recordation of a final Department, Planning Division. tract map / Monitored during construction. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division; San Joaquin Valley Air Pollution Control District. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division. As part of the escrow process. In conjunction with tentative tract submittal. Prior to grading plan approval. Prior to grading plan approval. Prior to issuance of any building permits. Prior to the issuance of any building permits. MM 5.7-2 I Prior to the issuance of grading permits, the Project Applicant I City of Bakersfield Development Services I Prior to the issuance of grading permits. shall demonstrate that the following features have been Department, Planning Division. FINAL - DECEMBER 2008 13-14 Mitigation Monitoring Program 6 a K t. R S F I E L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Mitigation Summary of Measure Monitoring Responsibility Timing Verification Measure (Date and Initials) 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. MM 5.7-6 Mitigation measures listed below are the result of impact City of Bakersfield Development Services During all phases of construction. mitigation for non-greenhouse gas related issues such as Air Department, Planning Division. 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: • 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 a ride-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, per the Bakersfield Municipal Code requirements. • Comply with California's Title 24 Energy Efficiency FINAL - DECEMBER 2008 13-15 Mitigation Monitoring Program a A K E R s F I E L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation I Summary of Measure Measure 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 5.8 BIOLOGICAL RESOURCES MM 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 the Project site during construction. Absolutely no deliberate feeding of wildlife shall be allowed. MM 5.8-1b 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. MM 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 mile. The ramps shall be no steeaer than a ratio of 1:1. MM 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 Monitoring Responsibility City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division; Army Corps of Engineers. Timing During grading and construction. Prior to development. During grading. During Project construction. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA1ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-16 Mitigation Monitoring Program 101.J41 0 8 A K E R S F I E L D Mitigation Summary of Measure Measure Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Monitoring Responsibility 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. 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). CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Timing Verification (Date and Initials) FINAL - DECEMBER 2008 13-17 Mitigation Monitoring Program /0 • B A k E R S F I E L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Measure MM 5.8-4 MM 5.8-5a MM 5.8-5b MM 5.8-6a Summary of Measure 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. 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. 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. 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. 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 Monitoring Responsibility Timing City of Bakersfield Development Services Prior to ground disturbance for each Department, Planning Division. development phase. City of Bakersfield Development Services Prior to ground disturbance for each Department, Planning Division. development phase. City of Bakersfield Development Services Prior to ground disturbance for each Department, Planning Division. development phase. City of Bakersfield Development Services Within 60 days of initial ground Department, Planning Division; U.S. Fish disturbance. and Wildlife Service; California Department of Fish and Game. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA2C 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-18 Mitigation Monitoring Program 8 A X E R 5 F t E L D Mitigation Monitoring Table, Continued Ri o Bravo Ranch Project GPA/ZC 06-1722 Mitigation I Summary of Measure I Monitoring Responsibility Measure 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. MM 5.8-6b Prior to earth disturbance phases of construction, all City of Bakersfield Development Services construction personnel shall be trained in sensitive species Department; Planning Division. 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 reviewinq agencies for resolution. MM 5.8-6c During construction, all pipes, culvers or similar structures with City of Bakersfield Development Services a diameter of four inches or greater shall be kept capped to Department; Planning Division. 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. MM 5.8-6d Exclusion zones shall be established for any kit fox dens City of Bakersfield Development Services identified outside the boundaries of the construction zone. Department, Planning Division. 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. MM 5.8-6e The Project Applicant shall pay a Habitat Mitigation fee for City of Bakersfield Development Services impacts to the San Joaquin kit fox, including compliance with Department, Planning Division. all appropriate terms and conditions in accordance with the MBHCP and §15.78.030 of the Municipal Code for the City of Bakersfield. MM 5.8-7a The Applicant/Developer shall retain a qualified biologist to City of Bakersfield Development Services conduct a pre-construction survey of the Project site; attention Department, Planning Division; U.S. Fish shall be given to existing grass lands, debris piles and mapped and Wildlife Service; California Deoartment Timing Prior to earth disturbance phases of construction. During construction. Prior to construction activities (identified during pre-construction surveys). Prior to ground disturbance for each development phase. Prior to construction activities. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA2C 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-19 Mitigation Monitoring Program e A K £ R S F! E l b Mitigation Measure Summary of Measure Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 potential dens. Any identified Tipton kangaroo 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. MM 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. MM 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. MM 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. MM 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 Monitoring Responsibility of Fish and Game. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division. Timing Prior to construction activities (identified during pre-construction surveys). Prior to any construction activities Prior to ground disturbance for each development phase. Prior to construction activities. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-20 Mitigation Monitoring Program /0 8 A R E R S I E. t D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Measure MM 5.8-8b MM 5.8-9a MM 5.8-9b Summary of Measure 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. 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. 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. 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 Monitoring Responsibility City of Bakersfield Development Services Department, Planning Division; U.S. Fish and Wildlife Service; California Department of Fish and Game. Timing Prior to construction activities. City of Bakersfield Development Services Prior to the commencement of grading Department, Planning Division; U.S. Fish activities. and Wildlife Service; California Department of Fish and Game. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) City of Bakersfield Development Services Seven days prior to the onset of Department, Planning Division. construction activities during the raptor nesting season (February 1 to June 30). FINAL - DECEMBER 2008 13-21 Mitigation Monitoring Program B A k E R s f t E L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Measure MM 5.8-9c MM 5.8-11a Summary of Measure 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. 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. 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 Monitoring Responsibility City of Bakersfield Development Services Department, Planning Division; California Department of Fish and Game. City of Bakersfield Development Services Department, Planning Division. Timing Prior to any construction activities. Prior to ground disturbance for each development phase. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-22 Mitigation Monitoring Program J% { 8 A t€ R 5 F I E. t D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Measure Summary of Measure Monitoring Responsibility I Municipal Code for the Citv of Bakersfield. MM 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. 5.9 CULTURAL RESOURCES MM 5.9-1a Construction Monitorino, 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. MM 5.9-1b 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 thev are examined by an City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division. Timing With the submittal of a tentative tract map. Prior to commencing work activities on the site. Monitored during excavation and grading activities on-site. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA2C 06-1722 SCH No. 2007101060 Verification (Date and Initials) I FINAL - DECEMBER 2008 13-23 Mitigation Monitoring Program /110 0 8 A K E R S F I E. L rJ Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Measure MM 5.9-1c MM 5.9-1d Summary of Measure 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. 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 Dursuant to Public Resources Code §5097.98. Testina and Evaluation of Prehistoric / Historic Resources Prior to recordation of a Final Tract Map affecting the following sites: CA-KER-308, CA-KER-670, CA-KER4107, 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 tracino and hvdration dating, Monitoring Responsibility City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division. Timing Monitored during construction activities. 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. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-24 Mitigation Monitoring Program 8 A K E It 5 F I E. L p Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Summary of Measure Measure Monitoring Responsibility Timing CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA2C 06-1722 SCH No. 2007101060 Verification (Date and Initials) 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 Vallev Information Center. MM 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. 5.10 PUBLIC SE RVICES AND UTILITIES MM 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 adeguately addressed. MM 5.10-1b Residential Projects shall meet fire-flow requirements in accordance with relevant City building codes and City fire codes. MM 5.10-1c Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short- I term construction mitigation measures. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division; City of Bakersfield Fire Department. Monitored during construction activities. With submittal of each final tract map. City of Bakersfield Development Services With submittal of each final tract map. Department, Building Division; City of Bakersfield Fire Department. FINAL • DECEMBER 2008 13-25 Mitigation Monitoring Program /-0 • a AK E It 5 F i E L t3 Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Mitigation I Summary of Measure I Monitoring Responsibility I Timing I Verification (Date and Initials) Measure MM 5.10-2a With submittal of tract maps, the City shall ensure that City of Bakersfield Development Services With submittal of tract maps. fundamental safety components are included in proposed Department, Planning and Building Project design. These components include, but are not limited Divisions. 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 Proiect site. MM 5.10-2b I Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short- term construction mitigation measures. MM 5.10-3 The School District has adopted the alternative fees authorized City of Bakersfield Development Services Prior to issuance of a building permit for by Government Code Sections 65995.5 and/or 65995.7; Department, Planning Division. any residence within the Project area. 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 Kem High School District assesses fees set by the State Allocation Board. The Kem 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. MM 5.10-4 Prior to the recordation of a final tract map, the 28.22 acres of City of Bakersfield Development Services Prior to the recordation of a final tract proposed parkland and trail easements land shall be dedicated Department, Planning Division. map. to the City for park uses. MM 5.10-5 Prior to Project development, the Applicant shall coordinate City of Bakersfield Public Works Prior to Project development. with Cal Water in regards to a will serve letter indicating its Department. intention to serve as the water utility for providing water service to the proposed Project. MM 5.10-7a Prior to issuance of any building permit, the Project Applicant City of Bakersfield Public Works Prior to issuance of any building permit. shall submit, for review, a Construction and Demolition Department. Recycling Plan to the KCWMD. The Recvclinq Plan shall FINAL - DECEM BER 2008 13-26 Mitigation Monitoring Program 8 A K E R 5 F 1£ L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation I Summary of Measure Measure 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. MM 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 mandatorv collection for curbside recvclinq. MM 5.10-8a 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. MM 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. MM 5.10-9 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 possible. In addition, the Project Applicant/Developer shall coordinate with PG&E staff prior to construction regarding any potential service of facility issues. 5.11 GEOLOGIC AND SEISMIC HAZARDS MM 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. MM 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 Monitoring Responsibility City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Building Division. City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Building Division. City of Bakersfield Development Services Department, Building Division. Timing Prior to issuance of any building permit. Prior to approval of a tentative tract map. Prior to recordation of each phase Prior to approval of a tentative tract map. Prior to issuance of grading permits for each development. Prior to grading plan approval / Monitored during construction. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-27 Mitigation Monitoring Program r1-0 r B A K E R S F I E L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation I Summary of Measure Measure 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 Drocess. MM 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. MM 5.11-5a I Refer to Mitigation Measure 5.11-3, above. MM 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 a project-by-project basis and submitted to the City Building Director for approval prior to issuance of grading permits. 5.12 HYDROLOGY AND WATER QUALITY MM 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. MM 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 Derformed without obtaining the proper permits. MM 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 Monitoring Responsibility City of Bakersfield Development Services Department, Building Division. City of Bakersfield Development Services Department, Building Division. City of Bakersfield Development Services Department, Planning Division; Federal Emergency Management Agency. City of Bakersfield Development Services Department, Planning Division; Army Corps of Engineers. City of Bakersfield Development Services Department, Building Division. Timing Prior to submittal of a final map. I Prior to issuance of grading permits. Prior to recordation of a final tract map. Prior to recordation of a final tract map. Prior to recordation of a final tract map. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-28 Mitigation Monitoring Program /0 6 A k E H 5 F 2 E L 0 Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Summary of Measure I Monitoring Responsibility Measure 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 stone, would not adversely impact downstream properties, and is designed in conformance with applicable Citv requirements. MM 5.12-1d Prior to submittal of improvement plans for each phase or City of Bakersfield Department of Public individual tentative tract map, the Project Applicant shall Works. 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 Citv Engineer. MM 5.12-3a Prior to approval of individual development projects by the City of Bakersfield Public Works Director of Public Works or his/her designee, the Project Department. 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. MM 5.12-3b Prior to grading plan approval, the Project contactors shall City of Bakersfield Public Works incorporate stormwater pollution control measures into a Department. 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, must be demonstrated. MM 5.12-3c Prior to tract recordation, the Project Applicant of future I City of Bakersfield Public Works projects shall Drevent anv off-site impacts during the Department. Timing Prior to submittal of improvement plans for each phase or individual tentative tract map. Prior to approval of individual development projects. Prior to grading plan approval. Prior to tract recordation. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-29 Mitigation Monitoring Program B A k E R S F I E. L D Mitigation Monitoring Table, Continued Rio Bravo Ranch Project GPA/ZC 06-1722 Mitigation Summary of Measure Measure 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. 5.14 MINERAL RESOURCES MM 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 from DOGGR. Said proof, shall be submitted to the Planning Director prior to recordation of final maps. MM 5.14-3b Abandoned oil wells shall be surveyed and accurately plotted on all future maps related to this Project with a ten-foot no- build radius. A legible copy of a map showing final Project design shall be submitted to the DOGGR. MM 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. MM 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. Monitoring Responsibility City of Bakersfield Development Services Department, Planning Division. City of Bakersfield Development Services Department, Planning Division; Division of Oil, Gas, and Geothermal Resources. City of Bakersfield Development Services Department, Planning Division; Division of Oil, Gas, and Geothermal Resources. City of Bakersfield Development Services Department, Planning Division. Timing Prior to construction. Prior to issuance of grading permit. Prior to tract recordation. Prior to tract recordation. CITY OF BAKERSFIELD Rio Bravo Ranch Project GPA/ZC 06-1722 SCH No. 2007101060 Verification (Date and Initials) FINAL - DECEMBER 2008 13-30 Mitigation Monitoring Program