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RES NO 078-10
RESOLUTION NO. 0 7 8 -10 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CERTIFYING IT HAS RECEIVED, REVIEWED, EVALUATED AND CONSIDERED THE INFORMATION CONTAINED IN THE FINAL ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT NO. 09-0263 AND CERTIFYING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THE STATE CEQA GUIDELINES, AND THE CITY OF BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES, AND MAKING FINDINGS AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM. (STOCKDALE RANCH) 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 Thursday, March 18, 2010, and on April 1, 2010, on the certification of the Final Environmental Impact Report (EIR) for General Plan Amendment/Zone Change (GPA/ZC) No. 09-0263 for the proposed amendment to the Land Use Element, the Western Rosedale Trails Plan, and the Circulation Element of the Metropolitan Bakersfield General Plan, and the proposed zone change. Notice of the time and place of hearing having been given at least (10) calendar days before said hearing by the publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Planning Commission of the City of Bakersfield at their March 18, 2010, meeting continued the item to their Thursday, April 1, 2010, regular meeting; and WHEREAS, McIntosh & Associates, for Castle & Cooke California, Inc. and Bolthouse Properties, LLC, filed an application for a concurrent general plan land use amendment, circulation amendment, Western Rosedale Trails Plan amendment, and zone change for property generally located south of Stockdale Highway, north of the Cross Valley Canal, west of the City limits at Claudia Autumn Drive, and east of the future extension of Nord Avenue, as shown in attached Exhibit A, to allow development of residential, commercial, office, and recreational development on 564.88 acres, more specifically stated as follows: General Plan Amendment No. 09-0263: A request to amend the Land Use of the Metropolitan Bakersfield General Plan consisting of changing land use designations from ER (Estate Residential), UER (Urban Estate Residential), GC (General Commercial), and SR (Suburban Residential) to LR (Low Density Residential), HR (High Density Residential), LMR (Low Medium Density Residential), HMR (High Medium Density Residential), GC (General Commercial), OC (Office Commercial), OS-P (Parks and Recreation Facilities), R-MP (Mineral Petroleum and Minimum 5-acre Parcel / Drill Site) on 564.88 acre; and A Circulation Element Amendment as shown on the attached Exhibit A. The Circulation Element Amendment will result in the realignment of Heath Road as an arterial between Stockdale Highway and Claudia Autumn Drive, the deletion of Heath Road between Claudia Autumn Drive and the south line of Section 4; the 0AKF9N m J ORIGINAI realignment of Wegis Road as a collector and continuation of Claudia Autumn Drive as a collector, the deletion of Wegis Road between West Side Parkway and the south line of Section 4; the amendment of Claudia Autumn Drive from a local to a collector south of Stockdale Highway; the deletion of Nord Avenue, as an arterial, between the proposed Westside Parkway and south line of Section 4; the deletion of an unnamed collector road north-south along the mid-section line of Section 3 south of Stockdale Highway and east of Claudia Autumn Drive; and the deletion of an unnamed collector north-south line in Section 3 south of Stockdale Highway; The existing bike route along Heath Road will also be re-aligned on the Bikeway Master Plan with the new road alignment; and A request to amend the Western Rosedale Trails Plan to create a combination equestrian/multi-use trail to be located on the east side of Nord Avenue (south of Claudia Autumn Drive),on the south side of Claudia Autumn Drive to Wegis Avenue, and on the east side of Wegis Avenue to Stockdale Highway. The proposed trails will be dedicated to the City of Bakersfield and will be maintained by the City and North of the River Recreation and Park District, as shown on Exhibit A. Concurrent Zone Change No. 09-0263: A concurrent zone change request to change the zoning designations on 564.88 acres from A (Agriculture) to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family Dwelling), C-1 (Neighborhood Commercial), C- 2 (Regional Commercial) C-O/PCD (Administrative and Professional Office/Planned Commercial Development), OS (Open Space), and DI (Drilling Island) zones, as shown on Exhibit A. WHEREAS, for the above-described project, it was determined that the proposed project may have a significant effect on the environment and, therefore, an EIR was required for the project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the City of Bakersfield retained the professional consulting services of RBF Consulting to prepare the Initial Study, EIR and related documents; and WHEREAS, by Resolution No. 05-10 on April 1, 2010, the Planning Commission recommended certification of the Final EIR for General Plan Amendment/Zone Change No. 09-0263 and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution and as restated herein; and WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on July 20, 2009 for a 30 day review period in accordance with CEQA; and WHEREAS, a public scoping hearing was held on August 13, 2009 to receive input from the public and agencies on the Initial Study and scope of the Draft EIR; and WHEREAS, a Draft EIR was prepared and circulated to interested parties and agencies and a notice of availability was sent to property owners within 300 feet of the project site and all those who requested notification at the Planning Commission public hearing(s) or 0PKF9 m 2 `ORIGINAL requested special notice from the Development Services Department, on November 23, 2009 in accordance with CEQA for a 45 day review period which ended on January 7, 2010, in accordance with Section 15087 of the State CEQA Guidelines; and WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the Draft EIR was submitted to the State Clearinghouse (SCH #2009071068) on November 23, 2009 to start the 45 day review period to end on January 7, 2010 in accordance with CEQA; and WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of City of Bakersfield CEQA Implementation Procedures, held a public hearing on Thursday, December 17, 2009 on the adequacy of the Draft Environmental Impact Report; and WHEREAS, on March 2, 2010, the Final EIR was completed and was provided to commenting parties and agencies; and WHEREAS, at said public hearing held Thursday, March 18, 2010 and Thursday, April 1, 2010, the Planning Commission considered the Final EIR; and WHEREAS, based on comments received prior to and at the March 18, 2010 and April 1, 2010 Planning Commission hearing and based on responses to those comments, the Planning Commission recommended certification of the Final EIR; and WHEREAS, the environmental record prepared in conjunction with the project includes the following: 1. The Notice of Preparation, Draft Environmental Impact Report, and Final Environmental Impact Report; 2. All staff reports, memoranda, maps, letters, and minutes of meetings relating to the project; 3. All testimony, documents and evidence presented to the City by consultants working with the City relating to the project; 4. The proceedings before the Planning Commission relating to the project, the Draft EIR and the Final EIR, including testimony and documenting evidence introduced at the public hearings; and 5. Matters of common knowledge to the Planning Commission which it considered including but not limited to the following: a. Metropolitan Bakersfield General Plan; b. City of Bakersfield Zoning Ordinance; C. City of Bakersfield Municipal Code; d. Other formally adopted policies and ordinances of the City of Bakersfield; and 3 m ~ORIGINAIO WHEREAS, the Planning Commission adopted Resolution No. 05-10 on April 1, 2010, recommending certification of the Final EIR for GPA/ZC No. 09-0263; and WHEREAS, the Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 05-10, adopted on April 1, 2010: 1. The laws and regulations relating to the preparation and adoption of Environmental Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by City staff and the Planning Commission; and 2. The Final EIR for GPA/ZC 09-0263 was prepared in accordance with CEQA Guidelines Section 15132; and 3. In accordance with State CEQA Guidelines Section 15151, the Planning Commission considered the following direction regarding "standards for adequacy" of an EIR: An EIR should be prepared with a sufficient degree of analysis to provide decision-makers with information, which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure; and 4. In accordance with CEQA Guidelines Sections 15151 and 15090, the Final EIR was considered for adequacy, completeness and good faith effort at full disclosure and has been completed in compliance with CEQA; and 5. Changes or alterations have been required in, or incorporated into, the project where feasible which avoid or substantially lessen the significant environmental effects of the project as identified in the Final EIR; and 6. The Final EIR analyzed a reasonable range of alternatives to the project, each of which has been rejected as infeasible due to specific considerations in accordance with State CEQA Guidelines Section 15091, as supported by the substantial evidence contained in the Statement of Facts, Findings and Mitigation Measures in Exhibit B; and 7. Attached Exhibit B containing the Statement of Facts, Findings and Mitigation Measures are appropriate and incorporated into the project; and ~0AKF9 O ~ 4 ORIGINAL 8. Attached Exhibit C containing the Statement of Overriding Considerations for significant unavoidable traffic and circulation as well as noise impacts are appropriate and incorporated into the project; and 9. Attached Exhibit D containing the Mitigation Monitoring and Reporting Program is incorporated into the project; and WHEREAS, in accordance with State CEQA Guidelines Section 15132, the Final EIR consists of the following: 1. The Draft EIR; 2. Comments and recommendations received on the Draft EIR either verbatim or in summary; 3. A list of persons, organizations and public agencies commenting on the Draft EIR; 4. The responses of the Lead Agency to significant environmental points raised in the review and consultation process; and WHEREAS, the Final EIR for GPA/ZC No. 09-0263 was prepared in accordance with State CEQA Guidelines Section 15132; and WHEREAS, in accordance with State CEQA Guidelines Section 15090 the lead agency (City of Bakersfield) shall certify that: 1. The Final EIR has been completed in compliance with CEQA; and 2. The Final EIR was presented to the decision-making body of the Lead Agency and that the decision-making body reviewed and considered the information contained in the Final EIR prior to approving the project. WHEREAS, in accordance with State CEQA Guidelines Sections 15151 and 15090, the Final EIR was considered for adequacy, completeness and good faith effort at full disclosure and has been completed in compliance with CEQA; and WHEREAS, the City Council conducted a public hearing on May 5, 2010 and continued the item to May 19, 2010 and again on June 9, 2010 to consider the Planning Commission Resolution No. 05-10. NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The City Council hereby certifies that it has received, reviewed, evaluated and considered the information contained in the Final EIR for GPA/ZC No. 09- 0263. J 5 ORIGINAL 2. The City Council hereby certifies the Final EIR for GPA/ZC No. 09-0263. 3. The above recitals and findings incorporated herein by reference are true and correct and constitute the Findings of the City Council in this matter. 4. That all required notices have been given. 5. The provisions of CEQA have been followed. 6. The City Council hereby finds the mitigation incorporated into the project avoids impacts of mitigates impacts to a less than significant level. 7. The City Council hereby finds that all of the potential significant environmental effects of the proposed project can be mitigated to a level below significance, and statement of overriding considerations as appropriate, and, pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15091, the City Council hereby makes and adopts the findings with respect to each significant environmental effect as set forth in the CEQA Findings of Fact appended hereto as Exhibit B and made a part hereof by this reference, and declares that it considered the evidence with respect to each finding. 8. The Final EIR has been reviewed by the City Council of the Lead Agency and the findings contained therein reflect the City Council's independent judgment and analysis. 9. All of the foregoing findings are supported by substantial evidence in the record of the proceedings before the Planning Commission, which is maintained by the City's Planning Director in the Planning Department's offices at 1715 Chester Avenue, Bakersfield, CA 93301, and of the proceedings before the City Council, which is maintained by the City Clerk in the City Clerk's offices at 1600 Truxtun Avenue, Bakersfield, CA 93301. 10. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provision of Section 21 152 of the Public Resources Code and Section 15094 of the State CEQA Guidelines adopted pursuant thereto. 000-------- O~ OAK~,9N Y T 6 0 RnINA 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 .JUN 3 0 2010 by the following vote: t6Y ! COUNCILMEMBER CARSON, BE H M, WEIR, COUCH. HANSON, SULCIVAN, SQWIVNER NOES: COUNCILMEMBER_naV-&- ABSTAIN: COUNCILMEMBER 'C\th-Q- ABSENT: COUNCILMEMBER r~ ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Jerk of the Council of the City of Bakersfield APPROVED JUN 3 0 2010 IV- 4HAR EY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorne B v~.c EXHIBIT A General Plan Amendment/Zone Change/Other Location Maps B Statement of Facts, Findings, and Mitigation Measures C Statement of Overriding Considerations D Mitigation Monitoring and Reporting Program MO:JS - S:\GPAs\GPA 2nd 2010\09-0263 (New Stockdale Ranch EIR)\Reso_Ord\CC FEIR.doc ~gA.KF9 O Fn 7 ORIGINA! ) Exhibit A General Plan Amendment/Zone Change Location Map o~~AKF9N ORIGINAI €e~wsF r. i'A Y . S AVAI W • ' . Y* M h c rr ♦ i i y t5. 1 M Y it ~~pp h ~ %rAr.~ ? bs1L H'fX+ O 1} 1, T i' ~x 1 , a 4 IT,o .a lat. a . 1MI HIV3H Q ° • Lu Y c~rlruMr~r~ry y AAV S103M RAV SiJ3M ca ~nararlrrar~rrwMtflrtrrrrlt~ry, a 3AV ONON Md. 1~ x r. x STN ~ ~ t ,.y ......<~a.l ,w~fr:•Fe.:~:b + - ~fj.y~• ~~'-~x~'~~; `L~, s{4 ~x #r~INI ~ A Exhibit B Statement of Facts, Findings, and Mitigation Measures O~ OAKF,S~,, m~ r- v c ORIGINAL CITY OF BAKERSFIELD nch dale Ranch ~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 EXHIBIT B STATEMENT OF FACTS AND FINDINGS 1. INTRODUCTION The following statement of facts and findings have been prepared in accordance with the California Environmental Quality Act (CEQA) and Public Resources Code §21081. State CEQA Guidelines § 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 State CEQA Guidelines § 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 thgt other agency. C. Specific economic, social, or other considerations make infeasible the mitigation measures or Project alternatives identified in the final environmental impact report." `~PKF9 8 s m r ~ y. a1G1NAh JN 60-100574 1 of 99 March 2010 CITY OF BAKERSFIELD • Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I fi L o SCH No. 2009071068 The Final EIR for the Stockdale Ranch Project identifies certain significant environmental effects which may occur as a result of the Project. Therefore, findings are set forth herein pursuant to § 15091 of the State CEQA Guidelines. The Summary of Mitigation Measures is based in part on the requirements contained in §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 Stockdale Ranch Project - GPA/ZC 09-0263, Annexation 548 (proposed Project) is located within the western portion of the Metropolitan Bakersfield General Plan (MBGP), within unincorporated Kern County, California. The proposed Project consists of approximately 564.88 acres and is generally located adjacent to the western boundary of the City of Bakersfield, south of Stockdale Highway, north of the Cross Valley Canal, west of the City limits at Claudia Autumn Drive, and east of the future extension of Nord Avenue. The proposed Project consists of crops of potatoes, garlic, carrots, and wheat. On-site elevations range from approximately 345 feet above mean sea level (msl) to 355 feet above msl. The proposed Project is not situated on land under an existing Williamson Act contract, nor is the site identified as prime farmland. However, the entire site is under an Agricultural Preserve. A storage building is present on the northeast portion of the proposed Project site, and is used to support the agriculture activities. Three irrigation wells with associated pumping equipment are situated on the proposed Project site. The proposed Project is located within the McClung (abandoned) and Bellevue Oil Fields. Oil related facilities on-site include eight plugged and abandoned dry holes and one plugged and abandoned oil well. Underground, high pressure gas transmission pipelines owned by Pacific Gas and Electric (PG&E) traverse the proposed Project. The proposed Project consists of the annexation of the proposed Project site into the City of Bakersfield, amendments to the MBGP Land Use Element and Circulation Element, concurrent zone changes, and amendments to the Western Rosedale Specific Trails Plan. A Development Agreement between the City of Bakersfield and the Developer may be included as part of the approval process. The proposed Project requests general plan amendments (GPA) that would allow for approximately 3,583 residential dwelling units on approximately 370.85 acres and approximately 941,700 total square feet of general commercial/business park uses. A 665,200 square feet business park is proposed for the OC (Office Commercial) land use designation on approximately 43.63 acres. The remaining 25.39 acres would consist of 276,500 square feet of general commercial uses. Additionally, approximately 20 acres of land will be reserved for OS-P (Open Space - Parks). The proposed Project also includes proposed collector and local roads and a multi-use trail designated to parallel the south side of Claudia Autumn Drive. An area located in the southeastern portion of the proposed Project site (with an existing water pump station facility) is owned by the Kern County Water Agency, and is part of the Agency's Cross Valley Canal property. This area is not proposed for re-designation or re-zoning. The following MBGP Circulation Element amendments are proposed for the Project: gPKF r m JN 60-100574 2 March 2010~~RIGINAl CITY OF BAKERSFIELD nch dale Ranch • Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 a w x s x s F s L u SCH No. 2009071068 Heath Road, an arterial: • realignment between Stockdale Highway and Claudia Autumn Drive • deletion between Claudia Autumn Drive and the south line of Section 4 Wegis Ave, a collector: • realignment and continuation to Claudia Autumn Drive • deletion between the proposed West Side Parkway and south line of Section 4 Claudia Autumn Drive, a local road north of Stockdale Highway: • amend to a Collector south of Stockdale Highway • establish a specific plan line south of Stockdale Highway Nord Avenue, an arterial: • deletion between the proposed West Side Parkway and south line of Section 4 Unnamed collector alianment: • deletion of a north-south mid-section line of Section 3 south of Stockdale Highway Unnamed collector alignment: • deletion of a north-south line in Section 3 south of Stockdale Highway and east of Claudia Autumn Drive It should be noted that the following alignments (which are referenced above) are requested to be deleted by the City of Bakersfield, and are not proposed as part of the Project: • Nord Avenue, south of the Westside Parkway; • Wegis Avenue, south of the Westside Parkway; • Heath Road, south of Claudia Autumn Drive; and • The two unnamed collector alignments. The proposed Project is also requesting a specific plan amendment (SPA) to the Western Rosedale Specific Trails Plan to create a combination equestrian/multi-use trail (Combo Trail) to be located on the east side of Nord Avenue (south of Claudia Autumn Drive), the south side of Claudia Autumn Drive to Wegis Avenue, and the east side of Wegis Avenue to Stockdale Highway. The proposed trails will be dedicated to the City of Bakersfield and will be maintained by the City. III. FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS m JN 60-100574 3 March 2010 ~0RI('3INAI`_ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F 1 E L D SCH No. 2009071068 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 Stockdale Ranch Project and the public record. The Lead Agency makes the following finding pursuant to CEQA and the State 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 Stockdale 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 Traffic and Circulation and Noise may occur with future development in conjunction with implementation of the Stockdale Ranch Project. This finding requires that the Lead Agency issue a "Statement of Overriding Considerations" under § 15093 and 15126(b) of the State CEQA Guidelines if the Lead Agency wishes to proceed with approval of the Project. IV. FINDINGS WITH RESPECT TO THE ENVIRONMENTAL REVIEW PROCESS The City of Bakersfield, acting as Lead Agency for the environmental review of the Project, makes the following findings with regard to the environmental review process undertaken to analyze the potential environmental impacts of the Project: 1. In accordance with §10563(a) of the State 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 §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 July 20, 2009, and concluding on August 18, 2009. 3. During the circulation period for the NOP, the City of Bakersfield, as Lead Agency, advertised and conducted a public scoping meeting on August 13, 2009, 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 hazards, hydrology and water quality, and urban decay. Growth- OPKk m O `?ORIGINAL JN 60-100574 4 March 2010 CITY OF BAKERSFIELD • Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F 1 E L D SCH No. 2009071068 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 November 23, 2009 and concluded on January 7, 2010, the City of Bakersfield held a noticed public hearing on December 17, 2009, 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 § 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 July 2009, to determine significant effects of the project. In the course of this evaluation, certain impacts of the project were found to be less than significant due to the inability of a project of this scope to create such impacts or the absence of project characteristics producing effects of this type. The effects determined not to be significant are not included in primary analysis sections of the Draft EIR. AESTHETICS. Would the project. Have a substantial adverse effect on a scenic vista? Less Than Significant Impact. Scenic vistas are defined as expansive views of highly- valued landscapes from publicly accessible viewpoints. Scenic vistas include views of natural features such as topography, water courses, rock outcrops, and natural vegetation, as well as man-made scenic structures. The proposed Project site is used for agricultural activities, and is relatively flat with no significant topographic relief or features. On-site elevations range from approximately 345 feet above mean sea level (msl) to 355 feet above msl. The area to the north of the proposed Project consists of residential uses and vacant land, and a new residential development is being constructed to the east. The proposed Project has the potential to alter the visual landscape from undeveloped land to residential and commercial / business park uses; however, the area is not regarded or designated as visually important or "scenic" in the Metropolitan Bakersfield General Plan (MBGP). Additionally, development of the proposed Project would not block or } m ~ O JN 60-100574 5 March 2010 ORIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 preclude views to any area containing important or what would be considered visually appealing landforms. Therefore, scenic vistas would not be affected by the development of the proposed Project, and impacts are less than significant. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Less Than Significant Impact. As discussed above, the proposed Project site consists primarily of agricultural land. A storage building is present on the northeast portion of the proposed Project, and is used to support the agriculture activities. No scenic resources, including trees, rock outcroppings, and historic buildings are located on or near the proposed Project. California's Scenic Highway Program was created by the Legislature in 1963. Its purpose is to preserve and protect scenic highway corridors from changes that would diminish the aesthetic value of lands adjacent to highways. According to Caltrans' California Scenic Highway Program and the National Scenic Byways Program, the proposed Project is not in the vicinity of a federal or state scenic highway or any roadway that is considered eligible for designation as a scenic highway. Although there are two Eligible State Scenic Highways in Kern County (State Route [SR]-14 north from Mojave to SR-395, and SR-58 between Mojave and Boron), none are Officially Designated at this time. Additionally, the proposed Project is not visible from a designated local scenic highway/roadway/trail. As discussed above, the proposed Project site consists primarily of agricultural land, and no rock outcroppings are located on-site. Therefore, impacts associated with the discussed resources are less than significant. AGRICULTURAL RESOURCES. Would the project: Conflict with existing zoning for agricultural use or a Williamson Act Contract? No Impact. The proposed Project site is currently zoned A (Exclusive Agriculture) and consists of agricultural uses. The entire proposed Project site is located within Agricultural Preserve No. 10; however, none of the property is subject to a Williamson Act Land Use Contract. A petition for exclusion from the boundaries of Agricultural Preserve No. 10 is required to be submitted prior to development of the proposed Project. Since the proposed Project includes a zone change, with approval of the Project, no impact would occur. AIR QUALITY. Would the project: Create objectionable odors affecting a substantial number of people? Less Than Significant Impact. Construction activities associated with the proposed 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. o~~PKF9`S'-c~ m ORIGINAL JN 60-100574 6 March 2010 CITY OF BAKERSFIELD Stockdale Ranch L GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 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? Less Than Significant Impact. No federally protected wetlands are known to occur on- site. Impacts are considered less than significant; however, the EIR will discuss necessary resource agency consultation requirements and identify appropriate mitigation for both permanent and temporary impacts, if necessary. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant Impact. No locally designated natural communities as referenced in the MBGP's Conservation Element have been identified for the proposed Project site. In addition, as discussed above, the adopted MBHCP addresses biological impacts within the MBGP area. The Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) does not eliminate the need to consider endangered species under State CEQA Guidelines, but rather has established programmatic mitigation for project impacts on such species. The proposed Project would pay the appropriate fee specified by the MBHCP. Therefore, the proposed Project would be consisted with the MBHCP and payment of fees would result in less than significant impacts. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Than Significant Impact. Refer to response above. CULTURAL RESOURCES. Would the project. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact. The proposed Project is not located in or within the immediate vicinity of the Sharktooth Hill bone bed, which is the only unique paleontological resource identified in the area. In addition, the topography of the site is relatively flat; therefore, construction of the proposed Project would not destroy any unique geologic structure. Excavation is expected to occur at shallow depths and is not expected to incorporate deep cuts within a sensitive paleontological area. The proposed Project is not expected to impact paleontological or unique geologic resources. Less than significant impacts are anticipated in this regard. GEOLOGY AND SOILS. Would the project. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Seismic-related ground failure, including liquefaction? o`~~AKF9~' JN 60-100574 7 March 2010 ORIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K H R S F I B L D SCH No. 2009071068 Less Than Significant Impact. Liquefaction is defined as the transformation of granular material from a solid state into a liquefied state as a consequence of increased pore- water pressure. Seismic-induced liquefaction occurs when loose, water-saturated sediments of relatively low density are subjected to extreme shaking that causes soil to lose strength or stiffness because of increased pore water pressure. The loss could cause a failure or the inability of the subsurface layers to support overlying structures and is generally characterized by settlement, uplift on structures, and an increase in lateral pressure on buried structures. According to the MBGP, the proposed Project is not located within an area of high groundwater. Therefore, impacts from liquefactions are considered less than significant. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Landslides? Less Than Significant Impact. According to the MBGP, a strong earthquake could trigger landslides or slope failures on steeper slopes in the foothills and along the Kern River Canyon and floodplain. The common types of landslides induced by earthquakes in these areas are bluff and stream bank failures, rock falls, and soil slips on steep slopes. Due to the relatively flat topography and the lack of steep slopes on the proposed Project site, landslides are not considered to be a potentially significant geologic hazard. Less than significant impacts are anticipated. Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. The soil of the proposed Project site consists entirely of Cajon sandy loam, 0 to 2 percent slopes. The Cajon sandy loam soil is deep, somewhat excessively drained soil, and is on alluvial fans. The alluvium was derived from granitic rock. Permeability is rapid, and available water capacity is low to moderate with very slow runoff; therefore, the hazard for erosion is slight. The characteristics of the on-site soil types and the relatively flat terrain do not lend themselves to highly erosive conditions. The proposed Project would be subject to the City of Bakersfield 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 (UBC). 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 of Bakersfield 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. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in an on-site or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact. Refer to response above. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? ~gAKFy O J' r JN 60-100574 8 March 2010 `~ORIGINAI, CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L O SCH No. 2009071068 Less Than Significant Impact. Refer to response above. 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? No Impact. It is not anticipated that septic tanks are present within the proposed Project site. Additionally, the proposed Project would not be utilizing septic tanks for the development of the proposed Project. Upon annexation, the Project would be provided sewer service through the City, installed as part of the Project. No impacts would occur. 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? Less Than Significant Impact. 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 and commercial / business park uses, in addition to a combination equestrian/multi-use trail. 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? Less Than Significant Impact. The Del Rio Elementary School is located at 600 Hidalgo Road, approximately 0.30 miles east of the proposed Project; however, there are not any proposed or existing schools located within one-quarter mile from the proposed Project. Based on the proposed conditions for the future development, the proposed 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. 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? Less Than Signiricant Impact. The proposed Project is not located within an airport land use plan or within two miles of a public use airport. The closest public use airport is Meadows Field Airport (BFL), which is located approximately 8.5 miles northeast of the proposed Project. Therefore, the proposed Project is a sufficient distance from these areas and would not have the potential to expose people to associated safety hazards. O'k~PK~9~n r JN 60-100574 9 March 2010~ORIGINA! CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K& R S F I E L o SCH No. 2009071068 Additionally, the proposed Project is not located within any area subject to the land use restrictions of the County of Kern 1996 Airport Land Use Compatibility Plan, which covers all of Kern County. Therefore, the proposed Project would not result in a safety hazard from airports for people working or residing in the Project area. 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? Less Than Significant Impact. Joe Gottlieb Field, a private airstrip, is located approximately one mile north of the proposed Project. The runway is treated dirt that is 2,300 feet long, 40 feet wide, and runs east to west. Due to the private nature and use, it is anticipated that the proposed Project would not cause a safety hazard for people residing or working thin the Project area. Impacts are considered less than significant. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less Than Signiricant Impact. The proposed Project is not located adjacent to a wildland area. Agricultural fields left fallow in the vicinity of the proposed Project could potentially catch fire and burn; however, the risk is considered low. The proposed land use is not considered susceptible to wildland fires, and no areas containing flammable brush, grass, or trees exist within close proximity to the proposed Project. Therefore, the potential for wildland fires is less than significant. HYDROLOGY AND WATER QUALITY. Would the project. Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. 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 NPDES Permit requirements within the proposed 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. 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? Less Than SignFicant Impact. Flood zones are geographic areas that the Federal Emergency Management Agency (FEMA) has defined according to varying levels of flood risk. These zones are depicted on a community's Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map. Each zone reflects the severity or type of flooding in the area. Based on information obtained from the FEMA FIRM Map (Panel 2275 of 4125), the proposed Project is mapped as "Other Flood Areas - Zone X" and "Other Areas - Zone X". "Other Flood Areas - Zone X" are the flood insurance rate zones that correspond to areas of O~~,PK4 m O JN 60-100574 10 March 2010 f1RICINAI_ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 0.2-percent annual chance flood; outside the 1-percent annual chance flood with average depths of less than 1 foot, or with drainage areas less than 1 square mile; and areas protected by levees from 1-percent annual chance flood. "Other Areas - Zone X" are the flood insurance rate zones that correspond to areas determined to be outside the 0.2- percent annual chance floodplain. No Base Flood Elevations or depths are shown within this zone. Insurance purchase is not required in these zones. 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? Less Than Significant Impact. The proposed Project is not located within a 100-year flood hazard area. 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? Less Than Significant Impact. 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 FEMA on May 1, 1985. Compliance with the NFIP and FEMA would result in less than significant impacts. Inundation by seiche, tsunami, or mudflow? No Impact. Although the Cross Valley Canal is adjacent to the southern boundary of the proposed Project, there are no large bodies of open water located on or adjacent to the Project site. Therefore, the proposed Project is not considered susceptible to a seiche or tsunami. The proposed Project is not located at the foot of any significant topographical feature with the potential to be subject to mudflow. No impacts would occur. LAND USE AND PLANNING. Would the project. Physically divide an established community? Less Than Significant Impact. The proposed Project would not divide the physical arrangement of a community. The surrounding vicinity consists mostly of vacant land or agricultural land. Residential development is located to the north of the Project site and construction of a future residential development is currently taking place to the east. In addition, the proposed Project involves incremental growth of urban development typical of the area. Less than significant impacts are anticipated in this regard. NOISE. Would the project result in: For a project located within an airport land use plan or, where such a plan has not been O~~AKF9~-~ m JN 60-100574 11 March 2010 ~ORIGINAL CITY OF BA ELD ~ Stockdalle dale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K H R S F I E L D SCH No. 2009071068 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? No Impact. The proposed Project is not located within an airport land use plan or within two miles of a public use airport. In addition, the proposed Project is not located within any area subject to the land use restrictions of the adopted County of Kern 1996 Airport Land Use Compatibility Plan. No impact would occur. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact. Joe Gottlieb Field, a private airstrip, is located approximately one mile north of the proposed Project. However, due to the private nature and use, it is anticipated that the proposed Project would not have the potential to expose people to excessive noise generated by aircraft or airport operations. Less than significant impacts would occur. POPULATION AND HOUSING. Would the project. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The proposed Project would not involve the displacement of housing, as the site is currently used for agriculture. Therefore, the proposed Project will not displace substantial numbers of existing housing. No impacts would occur. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. As discussed above, the proposed Project would not displace substantial numbers of existing housing, and therefore would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. No impacts would occur. 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? Less Than Significant Impact. The proposed Project is not located within an airport land use plan or within two miles of a public use airport. The closest public use airport is Meadows Field Airport (BFL), which is located approximately 8.5 miles northeast of the proposed Project. The closest private airstrip is Joe Gottlieb Field, which is located approximately one mile north of the proposed Project. However, due to the private nature and use, it is anticipated that implementation of the proposed Project would not result in any changes to air traffic patterns. Impacts are less than significant. Result in inadequate parking capacity? s v o JN 60-100574 12 March 2010 ORIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 Less Than Significant Impact. As part of the proposed Project, parking would be provided consistent with standards set forth by City of Bakersfield regulations contained in the Bakersfield Municipal Code. No significant parking impacts have been identified. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Less Than Significant Impact. The proposed Project would comply with all applicable policies, plans, and programs supporting alternative transportation, and would provide facilities and improvements to meet all applicable requirements related to alternative transportation. Therefore, this impact is considered less than significant. 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 PROPOSED PROJECT WOULD RESULT IN THE PHASED ELIMINATION OF OPEN SPACE AS PLANNED LAND USES ARE DEVELOPED. Facts Supporting Finding The phasing of the proposed Project allows agricultural activities to continue on-site. Construction is anticipated to start in 2011, with buildout anticipated in the year 2035. 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 Bakersfield 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 Bakersfield 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 dwelling units, general commercial / business park uses, and open space. The proposed land uses are considered internally compatible with one another since the proposed open space and circulation features are considered complimentary to the proposed residential and commercial uses. Further, by constructing a diversified housing stock 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 MBGP guidelines and Bakersfield 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, general commercial / business park, and open space uses are minimized to the fullest O11~A~F9 T m :7 O JN 60-100574 13 March 2010 l)l3IGiNAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L o SCH No. 2009071068 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 MAY RESULT IN LAND USE COMPATIBILITY IMPACTS ON SURROUNDING USES. Facts Sugportina Finding The proposed Project site is primarily vacant, except for a storage building that is present on the northeast portion of the proposed Project site, and is used to support the agriculture activities. Existing residential uses that may be noticeably affected by the proposed Project include properties located to the north and east of the proposed Project, as they current 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 north 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 Bakersfield Municipal Code and with implementation of required mitigation measures identified throughout the EIR document. Relevant Planning Policies Consistency with MBGP Policies 5.1-4 THE PROPOSED PROJECT WOULD REQUIRE AN AMENDMENT TO THE GENERAL PLAN. THIS WOULD RESULT IN THE CONVERSION OF AN APPROXIMATELY 564.88- 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 Supportina Finding Overall, proposed Project implementation would not conflict with the land use plan, goals, and strategies of the MBGP. Page II-2 of the MBGP 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 MBGP also states, "The two northwest centers will contain retail commercial, light industrial, moderate and high density residential, and will be surrounded by low and estate residential densities." This Program EIR meets the intent of this MBGP recommendation for the northwestern area. The existing land use designations and zoning would allow for approximately 725 dwelling units and approximately 48 acres of general commercial. The proposed Project would not be inconsistent with MBGP land use designations and zoning, since the proposed Project would include approximately 3,583 residential dwelling units and approximately ~~~AKF9 T ~ O JN 60-100574 14 March 2010 r)RIGINAL CITY OF BAKERSFIELD • Stockdale Ranch GPA/ZC 09-02631 Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 941,700 total square feet of general commercial / business park uses. The proposed Project also includes proposed collector and local roads. In addition, approximately 20 acres of land will be reserved for the development of parks and open space that would accommodate the recreational needs of the residents. The analysis contained in the Final EIR concludes that there would be no significant consistency impacts of the proposed Project associated with the MBGP goals and policies. The proposed Project's consistency with farmland conversion impacts are addressed in Section 5.2, AGRICULTURE, and the SJVAPCD AQAP is addressed in Section 5.7, AIR QUALITY. Less than significant impacts are anticipated in this regard. Consistency with Regional Plans 5.1-5 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT BE INCONSISTENT WITH AREA WIDE ENVIRONMENTAL PLANS. Facts Supporting Finding The proposed Project was reviewed and determined to be consistent with the following regional plans: the MBHCP, AQAP, Bikeway Master Plan, Emergency Response Plan, RTP, County of Kern Solid Waste Management Plan, and the County of Kern HWMP. Consistency with the Circulation Element 5.1-6 THE PROPOSED CIRCULATION ELEMENT AMENDMENT TO THE GENERAL PLAN WOULD RESULT IN PROVIDING ACCESS THROUGHOUT THE PROPOSED PROJECT AND NEIGHBORING PROPERTIES Facts Supportina Finding The Circulation Element Amendment to the MBGP would result in the realignment of Heath Road (an arterial running north to south), between Stockdale Highway and Claudia Autumn Drive, in addition to the deletion of Heath Road between Claudia Autumn Drive and the south line of Section 4. The proposed Circulation Element Amendment would also result in the realignment and continuation of Wegis Avenue (a collector running north to south) to Claudia Autumn Drive, and the proposed deletion of Wegis Avenue between the proposed West Side Parkway and south line of Section 4. Claudia Autumn Drive, (a local road north of Stockdale Highway that runs north to south), would be amended to a collector south of Stockdale Highway, and a Specific Plan line south of Stockdale Highway would also be established. Additionally, the Circulation Element Amendment proposes to eliminate Nord Avenue (an arterial running north to south), between the proposed West Side Parkway and south line of Section 4. Two existing unnamed collector designations (running north to south, respectively) would also be eliminated: one in Section 3 south of Stockdale Highway, and one in Section 3 south of Stockdale Highway and east of Claudia Autumn Drive. 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 m r JN 60-100574 15 March 2010 ~nRi(,'WAL CITY OF BAKERSFIELD nch dale Ranch ~ Stockdale Ranch GPA/ZC 09-02631 Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 Element Amendment, the proposed Project would be consistent with the MBGP Circulation 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). Consistency with the Western Rosedale Specific Trails Plan 5.1-7 THE PROPOSED WESTERN ROSEDALE SPECIFIC TRAILS PLAN AMENDMENT TO THE GENERAL PLAN WOULD RESULT IN PROVIDING ACCESS THROUGHOUT THE PROPOSED PROJECT AND NEIGHBORING PROPERTIES. Facts Supporting Finding The Project proposes a trail system that will provide access to the community and surrounding areas. The Project proposes to amend the Western Rosedale Specific Trails Plan to create a combination equestrian/multi-use trail (Combo Trail) to be located on the east side of Nord Avenue (south of Claudia Autumn Drive), to the south side of Claudia Autumn Drive to Wegis Avenue, and to the east side of Wegis Avenue to Stockdale Highway). An existing Class 2 Bike Lane (running north to south along Heath Road) would also be deleted, and a Class 2 Bike Lane would be proposed running north to south from Stockdale Highway, connecting at the proposed multi-use trail. These trails have been incorporated into the Circulation Plan, proposed street sections, Trail Plans, and Development Standards. Cumulative Impacts 5.1-8 THE PROPOSED PROJECT, COMBINED WITH OTHER FUTURE DEVELOPMENT, WOULD NOT INCREASE THE INTENSITY OF LAND USES IN THE AREA. Facts Supportina Findings The anticipated proposed 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 northwestern planning area is anticipated to occur in accordance with the MBGP 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 Supportina Findings o`~~AKF9.~, } m O JN 60-100574 16 March 2010 vORIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 The proposed Project site is not under a Williamson Land Use Contract; however, the entire site is within Agricultural Preserve No. 10. Upon annexation into the City, the proposed Project would be excluded from Agricultural Preserve No. 10. Less than significant impacts are anticipated in this regard. 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 Supporting Findings Based on the Farmland Conversion Study, the proposed Project's impact to agricultural resources due to the conversion of prime farmland, unique farmland, or farmland of statewide importance is considered less than significant due to the mitigating factors. These include the proposed Project being located in an area where residential development is planned and occurring. Residential developments are already in existence in the proposed Project's zone of influence to the north and east, and planned major transportation corridors are planned within the Project. No Williamson Act Contracts exist on the site. Given the site's location within the City's SOI (which is considered the ultimate urban boundary for buildout 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. Land located within the City's SOI implies that LAFCO and other agencies agree that the proposed Project site is suitable for urban development over agriculture. In addition, with implementation of Mitigation Measure 5.2-1, above, the cumulative impact resulting from the conversion of farmland to non- agricultural uses is not considered significant, as the proposed Project would be required to mitigate the loss of agricultural land at a ratio of 1:1 for net acreage before conversion. PUBLIC HEALTH AND SAFETY Agricultural Use of Property/Adjacent Properties 5.3-5 AGRICULTURAL USES WITHIN THE DEVELOPMENT AREA WOULD NOT CREATE HUMAN HEALTH EFFECTS, PARTICULARLY DURING PESTICIDE APPLICATION OPERATIONS. Facts Supporting Findings Agricultural land uses are present to the west and south of the proposed Project. The potential impact of the continued use of agricultural chemicals on land to the west and south of the proposed Project site would be reduced to less than significant levels with implementation of the following standards: (1) agricultural chemicals are required to 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- m J081I INAL JN 60-100574 17 March 2010 CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-02631 Annexation No. 548 B A K fi R S F I fi L D SCH No. 2009071068 high masonry walls, fences, or landscape setbacks. Currently, the proposed Project is separated from agricultural land uses by the Cross Valley Canal to the south and Nord Avenue to the west. The adherence to Federal, State, and local regulations as well as the separation of the proposed Project site, results in a less than significant impact from adjacent agricultural land on the proposed Project. For additional discussion regarding the conflicts associated with 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 SuDportinp Findings The proposed Project would ultimately result in the construction of mixed density residential units and commercial buildings. The Bakersfield 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. Long-Term Maintenance and Operation 5.3-8 THE PROPOSED PROJECT MAY BE LOCATED WITHIN 1.5 MILES OF A KNOWN HAZARDOUS AIR POLLUTANT SOURCE. Facts Supporting Findings Historically, no sources of HAPs releases are known to have ever been listed for the proposed Project site. According to the EPA 2004 online TRI, there were no releases of federally-identified HAPs within at least a one-mile radius of the proposed Project. One facility is listed by the SJVAPCD within a 1.5-mile radius of Stockdale Ranch. Matrix Oil Corporation operates oil and gas wells on leases situated to the east of the proposed Project. The proposed Project is not situated downwind of the Matrix Bellevue production facility. It is relatively small and generates small amounts of pollutants within its permitted ranges. The facility represents a less than significant risk to the proposed Project site. 5.3-9 PROJECT IMPLEMENTATION WOULD NOT CREATE A SIGNIFICANT HAZARD TO THE PUBLIC OR THE ENVIRONMENT THROUGH THE LONG-TERM USE OF HAZARDOUS SUBSTANCES FOR THE PURPOSE OF LONG-TERM MAINTENANCE. Facts Supporting Findings Future on-site uses include 3,583 residential units on approximately 370.85 acres, approximately 941,700 square feet of general commercial/business park uses on 25.39 acres, approximately 665,200 square feet of office commercial on approximately 43.63 acres, approximately 20 acres of open space-parks, and approximately 105 acres of ~~~AKF (P m JN 60-100574 18 March 2010 ORIGINAL CITY OF BAKERSFIELD • Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K fi R 5 F I E L D SCH No. 2009071068 land for roadways, a drilling site, a sump, and a pump station. 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 and park and landscaping maintenance. 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 Supportina Findings 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 Supporting. Findinas The commercial-retail portions of the proposed Project would include a total of 343,017 square feet of retail space, divided between three General Commercial lots (276,500 square feet) and one Office Commercial lot (66,517 total square feet). Based on the Urban Decay Study that was prepared for the proposed Project, residual market support for retail space in the Stockdale Ranch Trade Area (SRTA) in 2020 (14 years prior to the start year of the proposed Project's commercial-retail components) is projected to be approximately 559,100 square feet. Thus, all of the proposed Project's retail space (343,017) would be supportable by 2020, even though retail development in the proposed Project is not expected to begin until 2030. By 2035 (proposed Project buildout year), residual market support for retail space is projected to reach approximately 935,600 square feet, indicating that the proposed Project would absorb less than 37 percent of the demand for new retail space over this time period. Based on these O~ OAKF,q~ T } rn r- JN 60-100574 19 March 2010 0RIGINA1 CITY OF BAKERSFIELD • Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 findings, it is unlikely that the retail components of the proposed Project would result in economic impacts to existing stores in the SRTA. Thus, it is unlikely that any existing retail stores will be forced to close due to the proposed Project. Impacts would be less than significant. TRAFFIC AND CIRCULATION Alternative Transportation Systems 5.5-2 THE PROPOSED PROJECT WILL ACCOMMODATE ALTERNATIVE MODES OF TRANSPORTATION (TRANSIT SERVICE AND PEDESTRIAN ANDBICYCLE PATHS) WITHIN THE PROJECT SITE AND VICINITY. Facts Supporting Findings Development of the proposed Project site in accordance with the goals and policies of the MBGP and WRSP and site plan review by the City, GET, and Kern Transit would serve to enhance alternative modes of transportation within the proposed Project area. This is seen as a long-term beneficial impact. Parking 5.5-5 IMPLEMENTATION OF THE PROPOSED PROJECT MAY RESULT IN INADEQUATE PARKING CAPACITY. Facts Supporting Findings Title 17, Chapter 17.58 of the Bakersfield Municipal Code provides parking space requirements. Based on the City's parking requirements, the proposed Project would be required to provide approximately 2,676 parking spaces for the proposed office commercial uses and 1,141 spaces for the proposed general commercial uses, for a total of approximately 3,817 parking spaces. For the residential portion of the proposed Project, the City parking requirements are as follows: • Single-family residential: 2 spaces per unit • Multi-family residential: o Efficiency, studio, one-bedroom units: 1 space per unit plus an additional 10 percent parking on parcels containing 5 or more units o Two- or more-bedroom units: 2 spaces per unit plus an additional 10 percent on parcels containing 5 of more units. The proposed Project would be required to meet the City parking standards for residential, office commercial, and general commercial land uses. No significant parking impacts specific to this proposed Project have been identified. AIR QUALITY ~~PKF9 y , m ~ r JN 60-100574 20 March 2010 j C (-)AIGINAI_ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-02631 Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 Odors 5.7-3 LONG-TERM ODOR IMPACTS WOULD NOT OCCUR AS A RESULT OF PROJECT IMPLEMENTATION. Facts Supportina Findings The proposed Project consists of residential and general commercial/business park uses that are generally not considered odor generators. Odor is strongest at its source and dissipates with increasing distance. The offensiveness and degree of odor ultimately depends on the sensitivity of the receptors exposed to the odor. According to the SJVAPCD's Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI), facilities located one mile or less from a sensitive receptor may create a significant odor impact. The SJVAPCD's guidance indicates that a detailed analysis would include evaluating whether complaints have been filed with the SJVAPCD for similar existing operations. The Air Qualify Impact Assessment performed an analysis of potential odor impacts in accordance with the SJVAPCD's GAMAQI, and concluded that odorous compounds associated with the proposed Project are not known to contribute to odors. Less than significant impacts are anticipated in this regard. Visibility Impacts 5.7-4 LONG-TERM VISIBILITY IMPACTS WOULD NOT OCCUR AS A RESULT OF PROJECT IMPLEMENTATION. Facts Supporting Findings A Level 1 screening analysis of the visibility impacts was conducted using the default VISCREEN settings. In accordance with EPA VISCREEN guidance, primary N02 was assumed to be zero, while PMio 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. Air Quality Conformity Analysis 5.7-5 THE PROJECT WOULD NOT BE INCONSISTENT WITH THE AIR QUALITY ATTAINMENT PLAN (AQAP) CRITERIA. Facts Supporting Findings Kern COG, as the Metropolitan Planning Organization and the Regional Transportation ~gAars o m J(1RI 1lNAI~ JN 60-100574 21 March 2010 CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 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 Amendment #2 to the 2009 Interim Federal Transportation Improvement Program and the 2007 Regional Transportation Plan Amendment #1 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 #1444, #1445, and #1433. The proposed Project TAZ Analysis results indicate that 1,007 households are projected in the proposed Project TAZs by the year 2035. There are approximately 3,629 existing and proposed households located within the proposed Project TAZs. Potential future households, based on current land uses are none. By 2035, the number of households would exceed Kern COG projection. The proposed Project TAZ Analysis also indicates that 159 jobs are projected in proposed Project TAZs by the year 2035. There are approximately 1,372 existing and proposed jobs located within the proposed Project TAZs. Potential future jobs, based on current land uses are zero. By 2035 the number of jobs would exceed Kern COG projection. The Regional TAZ Analysis results indicate that 4,947 households are projected in proposed Project TAZs by the year 2035. There are approximately 2,708 existing and 4,362 proposed households located within the proposed Project TAZs. Potential future households, based on current land uses are 2,370. By 2035, the number of households would exceed Kern COG's projections. The Regional TAZ Analysis results also indicate that approximately 4,240 jobs are projected in the region by the year 2035. There are approximately 784 existing and 3,087 proposed Project jobs located within the area. Potential future jobs, based on current land uses, are approximately 1,384. By 2035, the number of jobs would exceed 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 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 M s.~ O JN 60-100574 22 March 201v nRIGINAI_ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-02631 Annexation No. 548 B A K fi R S F I fi L D SCH No. 2009071068 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 Triennial Plan is based on a population growth projection which is developed by the California Department of Finance. The utilization of appropriate population and land use projection methodologies is critical to the determination of potential cumulative impacts to air quality within the Basin. Presently, two approaches have been suggested as the basis for impact quantification: a) local jurisdictions' general plan and zoning designations, and b) State of California Department of Finance population projections. The population projection model established by the State Department of Finance provides the most reliable source of projecting future populations, leading to and including assumptions regarding the type of future land uses that may be expected to augment the increased population and is appropriate for air quality assessments. The Triennial Plan Projections Approach was based on all general commercial (GC) zoned property in the Basin, the SJVAPCD Triennial Projections for VOC and NOx emission, the 2007 PMio Maintenance Plan, the 2008 PM2.5 Plan, and the 2007 Ozone Plan. The emissions growth as it relates to the cumulative analysis relied on the growth projections established by the California Department of Finance and used in the Triennial Plan by the SJVAPCD. There is no defined methodology for establishing how much general commercial zoned property will be built or what particular uses will be constructed in the general commercial zoned area or areas zoned for similar use in other planning areas; however, the California Department of Finance establishes a projection of growth for the Basin on a triennial basis including construction of new commercial sources which is used for state financial planning as well as by the SJVAPCD and California Air Resources Board to assist in the planning for the State Implementation Plan. For ozone rate of progress, the SJVAPCD has demonstrated a 42 percent reduction in ozone precursor NOx emission over the period 1990-2005 and a 37 percent reduction in VOC over the same time period. The 2007 PMio Maintenance Plan calls for a total annual NOx reduction of 37.9 tons/day and a total annual VOC reduction of 14 tons/day by 2015. The VERA entered into by the Project Applicant will further the "progress towards attainment" as the subject agreements exceed rule requirements. Because the VERAs reduce the criteria pollutants to net zero, projects implementing these Agreements as 1d~KF9 8 m O JN 60-100574 23 March 2010 !?RIGINAL CITY OF BAKERSFIELD X4~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 e w x x s F e L n SCH No. 2009071068 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 proposed Project's VERA 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 VERAs. Given the full mitigation of the proposed Project's emissions of NOx and VOC, the proposed 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 PMio when analyzed using the 2007 PMio Maintenance Plan for the Basin. Given the full mitigation of the proposed Projects' emissions of PMio, the proposed Project will help maintain the current attainment status as projected by the 2007 PMio Maintenance Plan. Cumulatively, there is a less than significant impact for PMio from the proposed Project as analyzed in the context of the Triennial Plan. BIOLOGICAL RESOURCES 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 Findings No riparian habitat exists on the proposed Project site. No wetlands or waters of the United States are present within the proposed Project site. The proposed Project would not result in the loss of any riparian habitat, wetlands, or waters of the United States habitat. Special-Status Plants 5.8-3 IMPLEMENTATION OF THE PROPOSED PROJECT MAY IMPACT SPECIAL-STATUS PLANT SPECIES. Facts Supporting Findings The Biota Report and Supplemental Biological Assessment conclude no suitable habitat exists on the site for special listed plant species. Additionally, no wetlands or riparian habitats exist on the proposed Project site. Thus, no evidence of any sensitive plants was found on-site. The intense and frequent sequential cultivation and maintenance of the agricultural land are not typical habitat for regionally protected plant species and plant species of concern. No plant species of concern were identified on site, nor are any expected to occur on the proposed Project site due to the existing agricultural uses. Conflict with Local Policies ~0AKF9 m JN 60-100574 24 March 2010 vORIGINAL CITY OF BAKERSFIELD • Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 H A K E R S F I E L D SCH No. 2009071068 5.8-6 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 MBGP that aim to protect biological resources. The proposed Project does not conflict with applicable MBGP policies or policies of the MBHCP. Therefore, less than significant impacts are anticipated in this regard. Cumulative Impacts 5.8-7 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 northwestern portion of Bakersfield would have the potential to adversely affect area biological resources. Regional loss of native areas is a significant issue. However, the proposed Project is not located in an area of native habitat and 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 proposed 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. CULTURAL RESOURCES Cumulative Impacts 5.9-3 CUMULATIVE DEVELOPMENT WOULD NOT ADVERSELY AFFECT CULTURAL RESOURCES. RESOURCES ARE EVALUATED AND MITIGATED ON A PROJECT-BY- PROJECT BASIS. Facts Supporting Findings Potential impacts would be site-specific and potential impacts would be evaluated on a project-by-project basis. Each incremental development would be required to comply with all applicable State, Federal, and local 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 ~gAKF9 O c, T ~ m JN 60-100574 25 March 2010 ~r1RIt~iI~lA© CITY OF BAKERSFIELD ~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 e w x ERs F E L D SCH No. 2009071068 5.10-6 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD RESULT IN THE INCREASE IN DEMAND OR EXPANSION OF SEWER SERVICES. Facts Suaoortina Findings Public facility improvements from the proposed Project and eventual build-up of this area will result in an increase in maintenance responsibility for the City of Bakersfield. The proposed Project is required to provide improvements, such as sewer and drainage facilities, in accordance with Bakersfield 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 Supporting Findings Although there would be a substantial service and utility demand increase attributable to the extent of the potential cumulative development, the overall potential for service- related cumulative effects to occur is not considered significant. This conclusion is based primarily on the rationale that: (1) the absorption of non-residential development also 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. According to the Water Assessment Report prepared for the proposed Project, the water supply system proposed for the Project, considered cumulatively with all present and reasonably foreseeable future development, is adequate to meet the 20-year needs for the Project in normal, dry, and multiple-dry years, as required by the California Water Code section 10910 et seq. O~OAKF,9~ } m r JN 60-100574 26 March 2010 JORIGINAL CITY OF BAKERSFIELD ~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 All impacts associated with public services and utilities for the proposed Project would be considered less than significant with adherence to and compliance with all applicable goals, policies and implementation measures set forth by the City of Bakersfield. GEOLOGIC AND SEISMIC HAZARDS Fault Rupture 5.11-2 FUTURE DEVELOPMENT ASSOCIATED WITH THE PROPOSED PROJECT DOES NOT HAVE THE POTENTIAL TO EXPOSE PEOPLE OR STRUCTURES TO ADVERSE EFFECTS ASSOCIATED WITH THE RUPTURE OF A KNOWN EARTHQUAKE FAULT. Facts Supporting Findings Active or potentially active faults are located within the southern San Joaquin Valley region. The southern end of the San Joaquin Valley is bordered by five major fault systems, all of which are considered to be active: San Andreas, Garlock, Breckenridge- Kern Canyon, Sierra Nevada, and White Wolf faults. It is probable that faults within the proposed Project area will move in the future; however, it is unlikely that ground rupture would occur at the proposed 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 Bakersfield Municipal Code, and the CBC. Therefore, less than significant impacts are anticipated. Dam Inundation 5.11-4 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 Supporting Findings If an earthquake were to occur near Lake Isabella, the potential exists for a failure of Isabella Dam. Such a failure could cause the entire lake storage to be released, which would result in the flooding of 60 square miles of the Metropolitan Bakersfield area. The MBGP 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 and the County of Kern Online Mapping System, it would take approximately 8 to 12 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. The MBGP indicates the chances of the dam failing entirely, with the lake at capacity, was judged as one day in 10,000 years. The inundation area and the time-step of flood arrival assume a full reservoir and the full breaking of the two dams. The MBGP Safety Element has identified policies, including a response plan for dam failure as well as the maintenance of disaster response plans, development of discretionary approval procedures for critical facilities, and the review of zoning d O~'6 m e~ r JN 60-100574 27 March 2010 `~nRIGINAI~ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K H R S F I e L D SCH No. 2009071068 designations, street widths, and circulation patterns for compatibility with evacuation plans. The proposed Project would be designed and constructed in strict adherence to City policies and review procedures. In addition, the proposed Project site is located adjacent to Stockdale Highway, one of the main east-west evacuation routes; therefore, less than significant impacts would occur. 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 5.11-5 THE PROPOSED PROJECT, COMBINED WITH FUTURE DEVELOPMENT, MAY RESULT IN INCREASED SHORT-TERM IMPACTS SUCH AS EROSION AND SEDIMENTATION, AND LONG-TERM SEISMIC IMPACTS WITHIN THE AREA. Facts Supporting Findinas Cumulative effects related to geology resulting from the implementation of future development of the proposed Project 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 CBC. 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 Findings The proposed Project is included within the plans to accommodate future growth in the City of Bakersfield. According to the Water Assessment Report, for the next 20 years, the ~~AKF9~ J T m r- JN 60-100574 28 March 2010 ~I)RISINAI1. CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I fi L D SCH No. 2009071068 City of Bakersfield will have more than adequate water supplies to meet the projected demands associated with the proposed Project. The City of Bakersfield supplies its distribution system with groundwater drawn from the Kern County basin, a subbasin of the San Joaquin Valley Groundwater basin and Tulare Lake Hydrologic Region. The service area currently consists of 58 operating wells. To help ensure the availability of water to meet future demands, the City of Bakersfield owns and operates a 2,800-acre direct groundwater recharge facility, located along the banks of the Kern River. When sufficient Kern River flows are available, water is diverted to the recharge basin so it can percolate into the ground and replenish the groundwater aquifer. This operation allows the City to store water during times of plentiful flows for future use during drought periods. Additionally, in the most current Department of Water Resources (DWR) bulletin on groundwater in California, the Kern subbasin, which includes the proposed Project site, is not identified as overdrafted, nor has it been projected that the basin will become overdrafted if present management conditions continue. Cumulative Impacts 5.12-4 THE PROPOSED PROJECT, IN COMBINATION WITH OTHER CUMULATIVE PROJECTS, WOULD NOT RESULT IN INCREASED DEGRADATION OF SURFACE WATER QUALITY AND FLOODING IMPACTS IN THE AREA. Facts Supporting Findings Cumulative effects related to hydrology resulting from implementation of the proposed Project, along with development in the vicinity, may expose more persons and property to potential water hazards, along with affecting the natural drainage of the area. Cumulative development may also adversely affect downstream water quality, impacting surface and groundwater supplies. The potential cumulative impact is mitigated through required drainage studies to identify potential impacts, relationship to City and County drainage master plans, and implementation of appropriate on-site and off-site drainage improvements. Projects are also required to implement NPDES and BMP measures on a project-by-project basis to reduce potential water quality impacts. In addition, projects may require drainage improvements to be in compliance with the MBGP and Bakersfield 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. Facts Supporting Findings Based on the Urban Decay Study, the proposed Project would result in a net increase of 343,017 square feet of retail space. Residual market support for retail space in the SRTA in 2020 (14 years prior to the start year of the proposed Project's commercial-retail m JN 60-100574 29 March 2010-0 ()alalNA~ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 components) is projected to be approximately 559,100 square feet. Thus, all of the proposed Project's retail space (343,017 square feet) would be supportable by 2020, even though retail development in the proposed Project area is not expected to begin until 2030. By 2035 (proposed Project buildout year), residual market support for retail space is projected to reach approximately 935,600 square feet, indicating that the proposed Project would absorb less than 37 percent 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. The proposed Project would include 3,583 dwelling units that would be developed between 2010 and 2035. The purchasing power associated with proposed Project area households alone (i.e., without considering other residential growth in the trade area) would support approximately 187,800 square feet of new retail space, which accounts for more than two-thirds of the two planned shopping centers' total building space. This finding indicates that the proposed shopping centers will primarily serve the shopping needs for project area residents. Thus, it is extremely unlikely that the retail components of the proposed Project would result in economic impacts to existing stores in the trade area, and that it is therefore unlikely that any existing retail stores will be forced to close due to the proposed Project. Consistent with Section 15126.4(a) (1) (D) of the State CEQA Guidelines, no mitigation measures are required as less than significant impacts are identified. Cumulative Impacts 5.13-2 BUILDOUT OF THE PROPOSED PROJECT IN CONJUNCTION WITH OTHER PLANNED, APPROVED, AND PENDING PROJECTS, WOULD NOT CONTRIBUTE TO A PROJECTED OVERSUPPLY OF RETAIL SQUARE FOOTAGE, AND WOULD NOT TRIGGER STORE CLOSURES AND LONG-TERM VACANCIES AT NEARBY RETAIL ESTABLISHMENTS. Facts Supporting Findings By 2035, approximately 420,500 square feet of retail space, including retail space considered by the proposed Project, is planned to be built in the SRTA. Demand for new retail space is projected to reach approximately 935,600 square feet. Thus, even after the development of the listed planned and pending projects, there would still be residual market support for an additional 515,100 square feet of retail space in the trade area. Given the long-term nature of the proposed Project, it is likely that additional commercial-retail projects will be announced between now and the buildout of the proposed Project's retail space. However, the residual demand projected for retail space (515,100 square feet), even after accounting for the known planned and pending projects, indicates that market support is expected to be sufficient for any other projects that might come through the planning process in the foreseeable future. These projections indicate that the planned and pending projects do not have the potential to represent a significant cumulative impact to existing retail businesses. Thus, 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 State ,;bFKF9 m ~ O JN 60-100574 30 March 2010 !RIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 /Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 CEQA Guidelines, no mitigation measures are required as less than significant impacts are identified. MINERAL RESOURCES Mineral Resource Availability 5.14-1 PROJECT DEVELOPMENT WOULD NOT RESULT IN THE LOSS OF AVAILABILITY OF A KNOWN MINERAL RESOURCE THAT WOULD BE OF VALUE TO THE REGION AND THE RESIDENTS OF THE STATE. Facts Supporting Findings The McClung Oil Field was originally discovered in September 1943 by the Continental Oil Company. One well, KCLG #1, produced a total of 100,656 barrels of oil and 92,653 mcf of gas before being abandoned in 1951. Annual production from the McClung Oil Field peaked in 1944 at approximately 47,500 barrels of oil per year. The field was abandoned in 1951, reactivated in 1967, and finally abandoned in 1974. Additional wells within the proposed Project site included three dry holes in Section 3 and five dry holes were within the proposed Project site in Section 4. None of the wells were productive and therefore are considered "dry wells" or "dry holes". All of the eight wells were plugged and abandoned. The abandonment of the McClung Oil Field in the 1970s and the dry holes drilled within the proposed Project site and in surrounding areas indicated that commercial quantities of oil and/or natural gas are not likely to underlie the proposed Project. In addition, based on the production history and current status of the wells, no Proved Developed Producing Reserves are assigned to the proposed Project site. 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. A R-MP (Resource - Mineral Petroleum) land use designation and DI (Drilling Island) zone designation would be located in the southern portion of the proposed Project site, south of Westside Parkway and west of Heath Road. This drilling island would allow for oil and gas exploration and development and is compatible with open space a passive recreational land use. This would leave potential oil and natural gas reserves accessible to the oil production companies. Mineral Resource Recovery Sites 5.14-2 IMPLEMENTATION OF THE PROJECT WOULD NOT RESULT IN THE LOSS OF AVAILABILITY OF A LOCALLY IMPORTANT MINERAL RESOURCE RECOVERY SITE. Facts Supporting Findings There is no property within the proposed Project site that is contained within a MRZ. No mineral resource recovery sites are located within or adjacent to the proposed Project. In addition, as discussed in Impact 5.14-1, a R-MP, DI designation would be provided to provide access to the area for future oil and gas reserve exploration activities. Therefore, ~~,AKF9 m _ r- JN 60-100574 31 March 2010'~nPiGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 the proposed 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. Facts Supporting Findings 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 above will reduce the mineral resource availability and oil well abandonment impacts associated with the proposed 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 State 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 ~R)AKF9 o l JN 60-100574 32 March 2010 ORIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 IMPACTS AND RELATED EFFECTS, THEREBY CAUSING SHORT-TERM CONSTRUCTION- RELATED IMPACTS TO SURROUNDING USES, OR BETWEEN DEVELOPMENT PHASES OF THE PROPOSED PROJECT AND CONSTRUCTION OF LATER PHASES. Facts Supporting Finding The proposed Project's construction-related activities would primarily affect immediate uses surrounding the proposed Project site or developed areas of the proposed Project from construction of later phases. Adjoining land uses include residential uses to the north, the Cross Valley Canal to the south, existing and proposed residential uses to the east, and agricultural land and open space to the west. The MBGP land use designations for surrounding properties include: RR, ER, UER, and GC (General Commercial) to the north; LR (Low Density Residential) to the east; R-IA and OS (Open Space) to the south; and R-IA and RR to the west. Dust generation due to typical construction and grading activities can be anticipated to temporarily increase local airborne and particulate matter. However, construction- related dust would be offset 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 discussions and mitigation measures 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 EXISTING FARMLAND TO NONAGRICULTURAL USES. Facts Supporting Finding The Farmland Conversion Study utilized the California Agricultural Land Evaluation and Site Assessment (LESA) model to aid in determining the significance of the proposed Project's conversion of agricultural lands. The California Agricultural LESA model is 11~FKF9 o M r JN 60-100574 33 March 2010 ,,^ir l(3INAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K fi R S F l E L D SCH No. 2009071068 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 68.16. According to the California Agricultural LESA Model Threshold of Significance, the LE sub score is 32.16 points, and the SA sub score is 36 points. The LESA Model Scoring Thresholds indicate the proposed Project site would be considered a potentially significant environmental impact resulting from the conversion of agricultural land to nonagricultural uses, since both the LE and SA scores are more than 20 points, respectively. In addition, the MBGP 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. It is assumed that future development in the MBGP 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 MBGP 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 MBGP 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 for urban development, or support facilities as contemplated in the Project, whichever occurs last, the applicant shall mitigate the loss of net acreage of agricultural lands, on a one-to- one basis, by selecting one or more of the items described below. Net acreage is to be calculated based on the exclusion of existing roads, lands within the proposed Westside Parkway alignment, proposed Nord Road arterial alignment, and proposed West Beltway alignment, and related areas, as such alignments may be from time to time amended, and areas already developed with structures. The applicant shall submit written verification of the applicant's compliance with this mitigation measure to the Planning Director's satisfaction. Compliance with this condition may be phased as the project is developed. The net acreage of agricultural land to be mitigated shall be equal to the amount of land being developed as each phase is developed. a) 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. b) Contribution of agricultural land or equivalent funding to an organization that provides for the preservation of farmland in California. Funds may be r JN 60-100574 34 March 2010 0ORIGINAIC-17 CITY OF BAKERSFIELD nch dale Ranch • Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 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 governmental 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 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. Agricultural land used for mitigation shall be of at least equal agricultural classification as the land being converted or be capable of being developed as such; that is, mitigation land shall be classified or developed as Prime Farmland, Farmland of Statewide Importance, etc., (as established by the California Department of Conservation in the Farmland Mapping and Monitoring Program), the mitigation acreage being at least equivalent in classification to the converted land, or being capable of producing the same or equivalent crops as the land being converted. 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. 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. m O JN 60-100574 35 March 2010 (IRISINAI. CITY OF BAKERSFIELD • Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F 1 6 L D SCH No. 2009071068 Facts Supporting Finding Phasing of development within the boundaries of the proposed Project would not eliminate the use of pesticides on adjacent agricultural lands, should they remain in agricultural production. When pesticides are used, the application is required by law to be confined to the target and to avoid contamination of nontargeted property (California Food and Agricultural Code §11501, 3 CCR 600, 6614). The Kern County Agricultural Commission enforces these pesticide control laws by issuing permits and responding to allegations of exposure to fugitive pesticides and resulting injuries. If a violation is found, the Agricultural Commissioner can cite the violator, levy a civil penalty, or revoke a pesticide use permit. 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 subdivision approval, 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. Facts Suooortina Findina Physical inspections of the proposed Project site, as part of the ESA and Hazardous Materials Evaluation completed in 2006 revealed evidence of hazardous materials and waste present within the proposed Project site. The Hazardous Materials Evaluation Update completed in 2009 found that all features documented in the initial October 2006 Hazardous Materials Evaluation were also observed during the May 2008 site reconnaissance. Potential hazardous materials consist of diesel and oil stained soils, eight dry abandoned oil wells, one abandoned oil well, ASTs, miscellaneous containers and debris, surface drains leading to concrete sumps, active water wells, two high-pressure natural gas PG&E pipelines, waste oil filter in drums, power poles with transformers, potential asbestos-containing materials, the use of pesticides/chemicals on-site due to dNKF9 m " O JN 60-100574 36 March 2010 ^,RIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L o SCH No. 2009071068 agricultural activities, irrigation piping, and miscellaneous equipment and supplies. Local regulatory agency records were reviewed to help determine whether hazardous materials have been handled, stored, or generated on the proposed Project site and/or the surrounding area. Several agencies have published documents that list businesses or properties that have handled hazardous materials or waste or may have experienced site contamination. Records from the KCDA revealed pesticide/chemical restricted use permits on-site from 1994 to 2008. According to the DOGGR records, eight abandoned dry holes and one abandoned oil well were identified on the proposed Project site. As mentioned above, the proposed Project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The governmental sources provided by the EDR Report indicated that no regulated sites are located within the proposed Project boundaries. According to DOGGR records, the abandonment of dry holes may not meet current DOGGR specifications and would therefore need to be tested for leaks and possibly re- abandoned prior to development. The wells are also required to be properly abandoned per KCEHS standards prior to development. Additional detail on the oil and gas wells is provided under Impact 5.3-3, below. Active irrigation wells are located within the proposed Project boundaries. Abandoned water wells are possible along the northern border of the site. The active water wells have ASTs for diesel associated with them. During the field reconnaissance in 2006, stained soil was evident around the diesel ASTs and water wells. Stained soils should be assessed with selected soil samples. Existing irrigation wells that will not be utilized to supply water for future landscaping or other nonconsumptive purposes, such as on-going agricultural operations, shall be destroyed per the California Department of Water Resources and KCEHSD standards. PG&E high pressure natural gas pipelines traverse the western portion of the proposed Project side. Off-site historical leaks may have occurred and could be considered a potential moderate threat to the site. No leaks in the pipelines are known to have been reported on the site. Mitigation measures have been included to ensure proper response if a pipeline leak is detected or pipeline rupture occurs during construction. The Bolthouse Farms maintenance building and storage area, located in Section 3 on the proposed Project site, first appeared on aerial photographs in 1998. The structures were constructed after the use of asbestos containing materials (ACMs) were banned in 1978; therefore, the shop is not anticipated to contain ACMs. As mentioned above, 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-i) of the Final EIR reduce impacts below a level of significance. The measures are as follows: kgAKF9 O M JN 60-100574 37 March 2010 JORIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K H R S F I E L D SCH No. 2009071068 5.3-1 a Prior to issuance of grading permits, the Project Applicant shall conduct soil characterization and sampling of any observed stained soil within the proposed Project site as needed to determine the presence or absence of hazardous materials. If concentrations of materials are detected above regulatory cleanup levels during demolition or construction activities, the following mitigation measure shall include: • Excavation and disposal at a permitted, off-site facility; • On-site treatment; or • Other measures as appropriate. Prior to issuance of grading permits, the Project Applicant shall remediate all contaminated soils to the satisfaction of the Local Unified Program Agency (the Office of Environmental Services Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board, the California Department of Toxic Substances Control, and/or the California Department of Water Resources. 5.3-1 b Prior to issuance of grading permits, all stained concrete/asphalt pads shall be removed and disposed of at an appropriate permitted facility. Once removed, exposed soils shall be visually observed to confirm the presence/absence of staining (an indication of contamination migration into the subsurface). If observed, stained soils shall be sampled to identify appropriate remedial activities. 5.3-1 c Prior to issuance of grading permits, all sumps and stockpiled soil shall be removed from the proposed Project site and properly disposed of at an approved facility. All sumps and soils shall be sampled and tested for hazardous materials. The areas beneath and around the removed materials shall be visually inspected. Any stained soils observed underneath the removed materials shall be sampled pursuant to Mitigation Measure 5.3-1 a. 5.3-1 d Prior to issuance of grading permits, the Project Applicant shall remove and properly dispose of the on-site debris, consisting of drums, containers, stained supplies and equipment and miscellaneous debris, at an approved landfill facility. The areas beneath and around the removed debris shall be visually inspected. Any stained soils observed underneath the debris shall be sampled pursuant to Mitigation Measure 5.3-1 a. 5.3-1e Prior to issuance of the grading permits, aboveground chemical or fuel storage tanks (ASTs) shall be removed and properly disposed of at a licensed tank destruction facility. Once removed, a visual inspection of the areas beneath and around the removed ASTs shall be performed. Any stained soils observed beneath the ASTs shall be sampled. If concentrations of materials are detected above regulatory cleanup levels during sampling activities, the mitigation measure shall include: • Excavation and disposal at a permitted, off-site facility; 11~AKF9 p ~-n M JN 60-100574 38 March 2010 ORIGINAL CITY OF BAKERSFIELD nch dale Ranch ~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K s R S F 1 6 L D SCH No. 2009071068 • On-site treatment; or • Other measures as appropriate. 5.3-1 f Prior to subdivision approval, the downhole details of abandoned wells shall be reviewed by DOGGR engineers. Written verification from the DOGGR shall be provided to indicate that the wells have been properly abandoned or reabandoned, if necessary pursuant to current DOGGR regulations and requirements. 5.3-1g All future drilling, production, and construction activities shall also be subject to the following fire and safety regulations required by the City of Bakersfield Fire Department: • No structures shall be built within 100 feet of any oil well unless the well has been properly abandoned per Uniform Fire Code 7904.3.2.3. • Prior to the issuance of a building permit for structures located within 100 feet of an oil well, the Project Applicant shall provide a letter of certification from the DOGGR to the City of Bakersfield Fire Department, Office of Prevention Services indicating that previously abandoned wells have been reabandoned to current DOGGR standards. • Prior to issuance of a building permit, the location of any well is to be surveyed, located, and marked by a licensed civil engineer or land surveyor. A map shall be furnished to the City of Bakersfield Fire Department, Office of Prevention Services showing the location and measurements of any well in relation to any existing and proposed structures per Bakersfield Municipal Code 15.66.080 B. • The Project Applicant shall notify the property owner of the structure (residence) of the existing abandoned oil well on their lot through the deed or other legal documents per Bakersfield Municipal Code 15.66.080 B. 5.3-1 h The existing irrigation wells currently producing water on the proposed Project site shall not be utilized to provide water for human consumption. Prior to the approval of each individual tentative tract map, the irrigation wells within that phase that will not be utilized to supply water for future landscaping, on-going agricultural operations, or other non-consumptive purposes shall be destroyed per California Department of Water Resources and Kern County Environmental Health Services Department standards. 5.3-1 i Prior to issuance of a grading permit, the Project Contractor shall obtain information on the location of underground pipelines and any information regarding safety concerns of the pipelines. During grading activities, Pacific Gas and Electric Company (PG&E) or any other utility company operating pipelines traversing the boundaries or within the boundaries of the proposed Project site shall be notified of the construction activity within the corresponding easement. Accidental Releases o~c~AKF9 s-n y T r r.~ O JN 60-100574 39 March 2010 1RiGINAL CITY OF BAKERSFIELD nch dale Ranch ~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L o SCH No. 2009071068 5.3-2 PROJECT CONSTRUCTION ACTIVITIES HAVE THE POTENTIAL TO CREATE A SIGNIFICANT HAZARD TO THE PUBLIC THROUGH FORESEEABLE UPSET AND ACCIDENTAL CONDITIONS. Facts Supporting Finding Due to the potential presence of soil contamination on the proposed Project site (refer to Impact 5.3-1 above), future construction activities have the potential to result in a release of hazardous materials into the environment and the accidental release of hazardous substances such as spilling petroleum-based fuels used for construction equipment. 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 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. Due to the potential that ACMs could be present in subsurface concrete irrigation (transite) pipe on the site, and/or the presence of PCB's in the electrolytic fluids of older transformers (refer to Impact Discussion 5.3-1, above), future construction activities have the potential to result in a release of hazardous materials into the environment. If transite pipe is located on the site, the SJVAPCD will be contacted for proper disposal procedures and requirements. Transite pipe at the site would then be removed and properly disposed. PG&E guidelines along with local, State, and Federal regulation would be followed while constructing the portion of the proposed Project near the PG&E natural gas pipelines. The potential for pipeline rupture is low; however, mitigation measures have been provided in case of accidental pipeline rupture. Mitigation Measures 5.3-2(a-e) of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.3-2a If during soil removal, evidence of petroleum products appears to continue below the ground surface, sampling shall be performed to characterize the extent of contamination and identify appropriate remedial measures. 5.3-2b If unknown wastes or suspect materials are discovered during construction by the contractor, which he/she believes may involve hazardous waste/materials, the contractor shall: • Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; • Notify the Project engineer of the implementing agency; ~gAKF9 JN 60-100574 40 March 20100 ()qIGINAI~ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I e L D SCH No. 2009071068 • Secure the areas as directed by the Project engineer; and • Notify the implementing agency's hazardous waste/materials coordinator. 5.3-2c If, during grading and construction, potential unknown buried hazardous materials are found, and/or 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, City of Bakersfield Fire Department, San Joaquin Valley Air Pollution Control District, and the Regional Water Quality Control Board. Evacuation 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. Work shall stop immediately if any unknown soil or other hazardous materials concerns arise during any part of the testing, grading, and construction activities on the proposed Project site. 5.3-2d If any PG&E pipeline is ruptured during grading, PG&E shall be notified at (800) 743-5000, and 911 (Kern County Emergency Services) shall be called. The Pipeline Development Policies of the City of Bakersfield Fire Department are as follows: • No habitable portion of a structure may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover; • No structure may be built within 40 feet of a hazardous liquids pipeline bearing refined product, with 48 inches or more of cover; • No habitable portion of a structure may be build within 30 feet of a crude oil pipeline operating at 20 percent or greater of its design strength; • Prior to or concurrently with the filing of a final map, a covenant shall be recorded on all lots of this tract, or portion therefore, which are within 250 feet of any gas transmission lines. The covenant shall acknowledge proximity of pipeline easement to said property and describe the name, type and dimension of the pipeline. Prior to recordation, the Project Applicant shall submit and obtain approval of covenant wording with the City Attorney, City of Bakersfield Fire Department's Office of Prevention Service, and the City engineer. 5.3-2e If transite pipe is located on the site during construction activities, the San Joaquin Valley Air Pollution Control District (SJVAPCD) shall be contacted for proper disposal procedures and requirements. Transite pipe shall then be removed and properly disposed per the SJVAPCD guidelines. Oil Production Facilities 5.3-3 SEVERAL ABANDONED DRY HOLES AND ONE ABANDONED OPERATING WELL DRILLED WERE WITHIN THE PROPOSED PROJECT SITE'S BOUNDARY, THEREFORE, HEALTH AND SAFETY RISKS ARE PRESENT. o~c6AK4 ~9 JN 60-100574 41 March 2010 ~'~RIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 Facts Supporting Finding A total of nine wells have been drilled within the proposed Project boundaries. With the exception of KCLG #1, no additional production was established on the proposed Project site and all of the wells have been abandoned. Seven wells have been drilled to identify deep zone potential. No significant oil or gas shows were noted and no production was ever established. These seven wells were abandoned. Additional abandoned wells are located to the north, south, east, and west of the proposed Project site. For details regarding the potential oil and gas reserves, refer to Section 5.14, MINERAL RESOURCES. Bakersfield Municipal Code 15.64, Oil and Gas Production, states that no petroleum well shall be drilled nor shall any storage tank or other production related structures be located within: • 50 feet of any building utilized for commercial purposes constructed prior to the commencement of such drilling, without the written consent of the owner of such structure; • 150 feet of any dwelling unit; • 100 feet of any public highway or building that is not necessary to the operation of the well; or • 300 feet of any public assembly. 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: 5.3-2 Implement Mitigation Measures 5.3-1 f and 5.3-1 g, above. Agricultural Use of Property/Adjacent Properties 5.3-4 DUE TO THE HISTORIC USE OF THE SITE FOR AGRICULTURAL PURPOSES, THERE IS A POTENTIAL FOR PESTICIDE RESIDUES (INCLUDING DDT) TO BE PRESENT IN THE SHALLOW SOIL. Facts Supporting Findings The potential impact of the continued use of agricultural pesticides/chemicals within the proposed Project vicinity would be reduced to less than significant levels with ~~KF9 Fn O )nlrtNAL JN 60-100574 42 March 2010 CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 /Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 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. Pursuant to Section 17.08.150(a) of the Bakersfield Municipal Code, residential structures are required to be set back a minimum of 50 feet from all agricultural zones. For additional discussion regarding the conflicts associated with proposed uses and ongoing agricultural operations, refer to Section 5.2, AGRICULTURE. Compliance with local and State requirements would reduce impacts to a less than significant level. Local and State requirements would include the need to perform soil testing to determine pesticide and fungicide residue concentrations, and submitting the results in a report to the Local Unified Program Agency for approval. The measure listed below provides additional details regarding these local and state requirements. Mitigation Measure 5.3-4 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.3-4 Prior to any on-site construction activities, soils shall be sampled and analyzed by a licensed engineer or geologist, approved by the Director of Prevention Services, to determine the level of residue for pesticides, herbicides, chemicals, and associated metals. If residue is found to be within acceptable amounts per the Environmental Protection Agency (EPA) and Department of Toxic Substances Control (DTSC) standards, then grading and construction may begin. If the residue is found to be greater than acceptable level limits, all contaminated soils exceeding the acceptable limits shall be remediated and/or properly disposed of per DTSC requirements. An appropriate verification closure letter from DTSC shall be obtained and submitted to the City of Bakersfield. Hazardous Materials Users/Facilities 5.3-6 THE POTENTIAL EXISTS FOR POLYCHLORINATED BIPHENYLS (PCBs) TO EXIST IN THE ELECTROLYTIC FLUIDS OF PG&E-OWNED TRANSFORMERS. Facts Supporting Finding Two banks of pole-mounted capacitors (PMCs) were observed along the southern boundary of Section 3. Four banks of pole-mounted transformers (PMTs) were observed, three along the southern property boundary of Section 4 and one near the center of the agricultural field in Section 4. The PMCs and PMTs all appeared to be in good condition; no soil staining was observed around the bases of any poles. PG&E is the owner of the pole-mounted electrical capacitors and transformers on the proposed Project site. The PMCs along the southern boundary were installed in 1991 and 2007. PG&E's blue PCB-free labels were observed attached to four of the PMCs comprising the bank installed in 1991. No blue labels were visible on the bank of PMCs installed in 2007. The PMTs appear to have been installed prior to 1990. ~$PKF9 M JN 60-100574 43 March 200 O nPIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K fi R S F I fi L D SCH No. 2009071068 According to a PG&E representative, PG&E's transformer database does not indicate whether polychlorinated biphenyls (PCBs) are present in the electrolytic fluids of older PMTs, specifically those installed prior to 1990. PMTs installed prior to 1978 are considered to have a higher probability of storing electrolytic fluids containing PCBs. PMTs installed by PG&E subsequent to 1990 are unlikely to contain PCBs in their insulating fluids. PG&E shall be contacted regarding PMC and PMT removals or replacements prior to commencing any grading activities. The removal or replacement of the PMCs or PMTs, as needed to grade and develop the proposed Project, is the responsibility of PG&E. 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. Mitigation Measures 5.3-6(a-b) of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.3-6a Prior to issuance of grading permits, any removal or relocation of transformers shall be conducted under the purview of the local utility purveyor (i.e., Pacific Gas and Electric Company [PG&E]) to identify proper handling procedures regarding potential polychlorinated biphenyls (PCBs). If stained soils are observed underlying any of the pole-mounted electrical transformers, it shall be sampled and tested for the presence of PCBs. 5.3-6b Prior to the issuance of grading and building permits, If necessary, PCB-affected soil shall be properly disposed per Federal, State, and local laws. Testing and disposal shall meet the regulations of the City of Bakersfield Fire Department, Office of Prevention Services. If such PCB soil testing and disposal are required, a verification closure letter shall be obtained from the City of Bakersfield Fire Department Office of Prevention Services. Valley Fever 5.3-10 GRADING WITHIN THE BOUNDARY OF THE PROPOSED PROJECT MAY LEAD TO THE RELEASE OF FUGITIVE DUST AND SPORES CAUSING VALLEY FEVER. Facts Supportina Finding If Valley Fever spores occur within the boundaries of the proposed Project, with the absence of mitigation, there is potential for the infection of construction workers and surrounding residents, as well as within the proposed 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. 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 5.3-10(a-b) of the Final EIR reduce impacts below a level of significance. The measures are as follows: J~ 0AK~9N m JN 60-100574 44 March 2010 e CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 5.3-10a Refer to Section 5.7, AIR QUALITY, regarding fugitive dust mitigation measures. 5.3-1Ob Pursuant to the San Joaquin Valley Air Pollution Control District (SJVAPCD) Regulation VIII-Fugitive PMio Prohibitions, all areas with bare soil exposed as a result of the proposed Project's 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. Cross Valley Canal 5.3-11 DEVELOPMENT ADJACENT TO THE CROSS VALLEY CANAL POSES A POTENTIAL PUBLIC SAFETY HAZARD. Facts Supporting Finding The Cross Valley Canal is adjacent to the southern boundary of the proposed Project. This canal is owned by Cross Valley Canal Participants (Tri Valley Water District, Hills Valley Irrigation District, County of Fresno, County of Tulare, Lower-Tule River Irrigation District, and Pixley Irrigation District). There is high usage of the Cross Valley Canal for irrigation and for the Arvin Edison Water Storage District (AEWS D) /Metropolitan Water Management Program. The Cross Valley Canal is currently fenced, but not to City standards. To maintain the integrity of the Cross Valley Canal and ensure public safety, it shall be fenced in accordance with City development standards, as specified in City of Bakersfield Subdivision and Engineering Design Manual Standard S-10. With implementation of measures to ensure public safety around the Cross Valley Canal, less than significant impacts would occur. Mitigation Measure 5.3-11 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.3-11 Prior to development, the Project Developer shall construct a six-foot-high chain- link fence, or equivalent barrier as determined by the advisory agency, between any subdivision and the right-of-way line of any irrigation canal within or adjacent to the subdivision, as specified in City of Bakersfield Subdivision and Engineering Design Manual Standard S-10. 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 Supporting Finding The development of the proposed Project would have short-term impacts as a result of demolition, construction debris, and construction-related activities. Soil would be stockpiled and equipment and equipment for grading activities would be staged at ~gAKF9 m ~ORIGINALL JN 60-100574 45 March 2010 CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 various locations throughout the proposed Project site, adversely affecting views of the proposed Project site. Traffic from construction equipment and associated heavy trucks would also adversely impact views of and across the proposed Project site. The use of metal storage containers in conjunction with construction activities would be subject to Section 17.57.050 of the Bakersfield Municipal Code, which allows the use of metal storage containers for construction, subject to approval by the City Building Director. Implementation of the proposed Project is anticipated to be completed in several phases, with proposed Project buildout projected for 2035. The order of and the ultimate number and sequencing of phases to be constructed has not yet been determined. Although detailed information concerning construction of the proposed Project is not yet available, development within the proposed Project area could potentially occur on several sites distributed throughout the area at any given time. Construction activities may include the removal of existing structures to allow for the development of various sites. Following site preparation activities, the construction of proposed structures and landscape improvements would occur. These impacts would be short-term and would cease upon completion of the proposed Project. With the implementation of the required mitigation measures pertaining to location of a screening area and with compliance with the MBGP and the Bakersfield Municipal Code requirements, short-term impacts would be reduced to less than significant levels. Scenic Resources The Kern River Corridor is located south of the proposed Project, and taller vegetation within the Kern River Corridor is visible in the distance. Construction-related impacts would temporarily alter existing views 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. Because of the distance between the proposed Project site and the Kern River Corridor, and the temporary nature of construction-related impacts, the proposed Project would have a less than significant impact on the Kern River Corridor. 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 b, all future construction-related lighting would be located and aimed away from adjacent residential areas and roadways 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 ,~,pKF9 z z.. d) Fn_ JN 60-100574 46 March 2010 '!ORIGINAL CITY OF BAKERSFIELD Z f-r- ~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 project-by-project basis for review concurrent with Grading Permit application. Therefore, short-term light and glare impacts associated with construction activities would be less than significant after implementation of Mitigation Measure 5.4-1 b. Mitigation Measures 5.4-1(a-b) of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.4-1 a With submittal of a grading plan for each development phase, the Project Applicant shall provide the location of on-site temporary construction equipment staging areas within the proposed Project site. Appropriate screening (e.g., temporary opaque fencing [six feet in height]) shall be used to buffer views of construction equipment materials, where feasible. Staging locations shall be indicated on final grading plans and be reviewed and approved by the City Planning Department. All construction activities shall be consistent will the Bakersfield Municipal Code requirements and conditions of approval. 5.4-1 b With submittal of a grading permit application, the Project Applicant shall provide a construction safety lighting plan. All lighting would be located and aimed away from adjacent residential areas and roadways and would consist of minimal wattage necessary to provide safety to the construction site. All construction lighting shall be consistent with the Bakersfield Municipal Code requirements and conditions of approval. Long-Term Character/Quality Impacts 5.4-2 PROJECT IMPLEMENTATION WOULD PERMANENTLY ALTER VIEWS OF AND ACROSS THE PROPOSED PROJECT SITE, THUS POTENTIALLY DEGRADING THE CHARACTER/QUALITY OF THE AREA. Facts Supporting Finding The visual analysis of any project must consider the actual visual quality of the area, which, in the proposed Project area, is defined by the open space value and the area's rural characteristic. Another factor is visual sensitivity, which is defined by the public views of the proposed Project, the number of viewers, and the duration of the view. Therefore, a project located on a site that has both high visual quality and high visual sensitivity would have the most significant visual impact. The existing proposed Project site is characterized as a rural/open space landscape. The proposed Project site is considered to have moderate visual quality because of the existing open space and the site's proximity to the Kern River Corridor. However, according to the MBGP, the proposed Project site is not designated as a scenic vista or located along a designated scenic highway or roadway. In addition, the site is relatively level and has no significant topographic relief features. The surrounding areas of the proposed Project site consist of residential uses, agricultural uses, and open space, none of which have visual access to scenic areas. Completion of the proposed Project would permanently alter the nature and appearance of the proposed Project site from active farmland to residential development, giving the area a more developed, suburban landscape. On-site structures would be visible from surrounding areas. This alteration of appearance is ~~PKF9~ y m r r` JN 60-100574 47 March 2010 ~A1GINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 /Annexation No. 548 ewxfixs~~fiLO SCH No. 2009071068 permanent and would continue through the life of the proposed Project. Views of the agricultural fields that currently comprise the proposed Project site are available to motorists and pedestrians along Stockdale Highway, southbound Nord Avenue, southbound Wegis Avenue, southbound Heath Road, southbound Claudia Autumn Drive, and the residents to the north and east of the proposed Project site. Views of these areas are currently unobstructed, so the change in visual character from open space to developed conditions with amenities would be a distinct visual alteration of the proposed Project site. The Project proposes development adjacent to existing residential communities (north and east of the proposed Project). Because the proposed Project would be used for primarily residential and the proposed densities are similar to those of the existing developments, significant impacts regarding the overall visual quality and sensitivity of the proposed Project area would be minimized. The proposed residential uses would be similar in character and density with existing surrounding land uses and are visually compatible with these surrounding uses. Additionally, in accordance with applicable Bakersfield Municipal Code design standards, any improvements to existing streets or new streets proposed by the Project would be required to include variation in the use of street trees, shrubs, lighting, and other details to give streets better visual continuity and increased shade canopy. All proposed arterial streets would be required to provide and maintain landscaping on both sides and in the median; all proposed collector streets would maintain landscaping on both sides. Although the existing character/quality of the area would be altered with construction of the proposed Project, with implementation of applicable Bakersfield Municipal Code design standards and Mitigation Measures 5.4-2a through 5.4-2c, the character/quality would not be substantially degraded. Scenic Resources The proposed Project is located north of and outside of the Kern River Corridor. The proposed Project is required to abide by City standards and Bakersfield Municipal Code regulations as well as the MBGP. Implementation of the proposed Project would add to the developed nature of the background views from the Kern River Corridor; however, because of the distance between the proposed Project and the Kern River, the impacts would be less than significant. In addition, mitigation measures 5.4-2a through 5.4-2c, required for the above impacts, would also help to further reduce impacts. Mitigation Measures 5.4-2(a-c) of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.4-2a With submittal of a development plan for commercial areas 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. o~~PKF9~-~ m ORIGINAL JN 60-100574 48 March 2010 CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F 1 E L D SCH No. 2009071068 5.4-2b With submittal of a tentative tract map and consistent with the City's design review by the Planning Director, the building design of the proposed Project shall incorporate characteristics to enhance the character of the existing surrounding community through the use of natural building materials and earthtone colors, as well as landscaping. 5.4-2c With submittal of a tentative tract map and consistent with the City's design review by the Planning Director, the Project Applicant shall verify that all landscaping, both commercial frontage and street landscaping, are in accordance with the MBGP and Bakersfield Municipal Code. This should follow City requirements per Chapter 17.61 of the Zoning Code. Light and Glare Impacts 5.4-3 THE PROPOSED PROJECT WOULD GENERATE ADDITIONAL LIGHT AND GLARE BEYOND EXISTING CONDITIONS. Facts Supportina Finding Implementation of the proposed Project would convert the proposed 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 proposed 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. 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. Street light illumination from the residential areas would be comparable to that in the existing residential development north and east of the proposed Project site. The lighting within the proposed Project site would be in compliance with City standards. Title 17.58.060 of the Bakersfield Municipal Code indicates that lighting of parking lots be designed and reflected away from future on-site and existing adjacent residential properties and streets. City building officials may also require the use of light shields to prevent unwanted light on future on-site and existing adjacent residential properties. Therefore, with implementation of mitigation measures and compliance with City standards and the Bakersfield Municipal Code requirements, impacts would be less than significant. AKF9~ 'm r JN 60-100574 49 March 2010 Df)RI(aINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 /Annexation No. 548 H A K E R S F I E L D SCH No. 2009071068 Mitigation Measure 5.4-3 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.4-3 During the installation of lighting standards the Project 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 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 Surx)ortina Findina Anticipated construction-related traffic and circulation impacts would be considered a temporary nuisance that would cease upon completion of proposed 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 proposed 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. ~AK~r9 m - r JN 60-100574 50 March 2010 )p!GINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 Traffic Generation - Year 2020 5.5-2 PROJECT IMPLEMENTATION MAY CAUSE A SIGNIFICANT INCREASE IN TRAFFIC WHEN COMPARED TO THE TRAFFIC CAPACITY OF THE STREET SYSTEM AND MAY EXCEED AN ESTABLISHED LOS STANDARD. Facts Supporting Finding The proposed Project components are described in detail in Section 3.0, PROJECT DESCRIPTION. The proposed Project consists of residential and commercial land development. Access to the Project site is proposed via Stockdale Highway, Claudia Autumn Drive, Nord Avenue, Wegis Avenue, Heath Road, and West Beltway. 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 5.5-6a and 5.5-6b, below. Railroad Crossings 5.5-4 IMPLEMENTATION OF THE PROPOSED PROJECT MAY RESULT IN UNSAFE CONDITIONS AT ROADWAY AT-GRADE RAILROAD CROSSINGS IN THE STUDY AREA. Facts Supportina Finding The California Public Utilities Commission (CPUC) provided standards for construction of at-grade railroad crossings that should be adhered to in design of any crossings affected by the proposed Project. The crossings would be required to have adequate safety measures in place such as proper warning signals, lights, striping, median separation, and parking restrictions. The roadway segment within the vicinity of the existing at-grade railroad crossing (Stockdale Highway between Enos Lane and Superior Road) is projected to operate at unacceptable LOS under Year 2020 with Project conditions. However, by Year 2035 with Project conditions, the segment would operate at acceptable LOS. Acceptable LOS are achieved through implementation of the required improvements/mitigation measures identified under Impacts 5.5-3 and 5.5-6. The acceptable LOS along with appropriate intersection spacing should help to ensure that traffic queues do not extend across the existing at-grade railroad crossing. 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 Any roadway segment improvements on Stockdale Highway between Enos Lane and Superior Road shall include railroad crossing safety measures such as proper warning signals, lights, striping, median separation, and parking restrictions, as outlined in the CPUC guidelines and the Phase IV RTIF Program. ~gAKF9 } m JN 60-100574 51 March 2010 OoRIGINALL CITY OF BAKERSFIELD nch dale Ranch ~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 5.5-4b Implement Mitigation Measures 5.5-6a and 5.5-6b. NOISE Short-Term Impacts (Construction) 5.6-1 GRADING AND CONSTRUCTION WITHIN THE PROJECT AREA WOULD RESULT IN TEMPORARY NOISE IMPACTS ON NEARBY NOISE SENSITIVE RECEPTORS. Facts Supporting Finding Construction noise would occur at various locations within the proposed Project area through the build-out period. During construction of the proposed Project, noise from construction activities would potentially impact noise-sensitive land uses in the immediate area. Construction activities generally have a short and temporary duration, lasting from a few days to a period of several months. 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. Generally, site preparation has the shortest duration 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. Sources of man-made vibrations include sonic booms, blasting, pile driving, pavement breaking, demolition, diesel locomotives, and rail-car coupling. However, none of these sources are anticipated to be during proposed Project construction. Most of the heavy equipment that produces the highest noise levels will be in use during road and utility construction, before new homes are occupied in the development. No one home or group of homes will be continuously subject to construction noise through the build-out period. As construction moves from phase to phase, construction noise will also move. Construction noise is usually not considered to be significant if construction is limited to the daytime hours, extraordinary noise-producing activities (e.g., pile driving) are not anticipated and construction equipment is adequately maintained and muffled. The primary vibratory sources during construction of the proposed Project would be large bulldozers and heavy trucks. Typical bulldozers or loaded truck activities generate an approximate vibration level of 86-87 VbB at a distance of 25 feet. Vibration levels that exceed 80 VdB typically cause annoyance, while levels above 100 VdB can lead to structural damage. Similar to construction noise, construction vibration would have a short-term and temporary duration. No single residence or group of residences would be continuously subjected to vibration throughout the buildout period. Construction vibration is typically not considered to be significant for the same reasons as construction noise (i.e., short-term and temporary impacts). Per Section 9.22.050, Noise During Construction, of the Bakersfield Municipal Code, construction would be limited to the hours of 6:00 AM to 9:00 PM on weekdays and 8:00 J~ ~NKF9~, T > R _ r JN 60-100574 52 March 2010 J')RIGINAI CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 AM and 9:00 PM on weekends. Implementation of the mitigation listed below (i.e., engine muffling, placement of construction equipment, and stockpiling/staging of construction vehicles) would serve to reduce the noise levels to sensitive receptors and thus would result in a less than significant impact. Mitigation Measures 5.6-1(a-d) of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.6-1 a Prior to issuance of grading permits, the Project 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 proposed Project's construction site. 5.6-1 b During construction, stationary construction equipment shall be placed such that emitted noise is directed away from noise-sensitive receptors, to the satisfaction of the Building Official. 5.6-1 c Prior to approval of the proposed Project plans and specifications by the City Building Department, the Project 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. 5.6-1 d Prior to approval of the proposed Project plans and specifications by the City Building Department, stockpiling and construction vehicle staging areas shall be located as for away as practical from noise-sensitive receptors during construction activities. 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 Supporting Finding The following discusses potential stationary source noise impacts associated with the proposed Project. Residential Areas Future development of residential land uses would create stationary noise typical of any new residential development. Noise that is typical of residential areas includes such H- r JN 60-100574 53 March 2010 ORIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I 6 L D SCH No. 2009071068 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 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 MBGP. The MBGP 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 Uses A wide variety of noise sources and a wide range of noise levels can be associated with commercial uses. Typical examples of noise sources associated with commercial uses include the following: o Fans and blower; o Trucks deliveries; o Loading docks; o Compactors; o Saws, routers, grinders; and o Machine shop equipment. The noise levels from the commercial portion of the proposed Project site cannot be quantified at this time. However, because 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. Neighborhood / Community Parks Public and private parks and recreation facilities will be developed as part of the proposed Project. Locations for parks and recreational facilities will be determined when subdivision maps are presented. Recreational activities and venues may include various playing courts and children's playing areas. Should the proposed Project have athletic fields, these fields could expose surrounding receptors to noise impacts from events at these facilities, primarily from crowd noise. However, it is not expected that the City's 65 dBA noise standard would be exceeded and a less than significant impact would occur in this regard. Mechanical Eauipment 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 MBGP 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 ~~HKF9 r- JN 60-100574 54 March 2010 ~ '~RIGINA(,. CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 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 proposed 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 during daytime hours and for brief periods of time, a less than significant impact would result. Mitigation Measure 5.6-4 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.6-4 As a condition of approval, when site-specific commercial uses are proposed that have the potential to cause significant noise impacts due to the nature of the business or the hours of operation, an acoustical analysis shall be conducted to the satisfaction of the City Planning Department, that quantifies proposed Project-related noise levels and recommends mitigation measures to achieve compliance with the City's noise standards for stationary noise sources. Cumulative Impacts 5.6-6 IMPLEMENTATION OF THE PROJECT, COMBINED WITH CUMULATIVE PROJECTS, WOULD INCREASE THE AMBIENT NOISE LEVELS IN THE PROJECT VICINITY. Facts Supporting Finding Short-term (construction) noise is a localized activity and would affect only land uses that are immediately adjacent to the proposed Project area. Contractors at the job sites would be required to adhere to the City's Noise Ordinance requirements, which limit construction hours to occur between 6:00 a.m. and 9:00 p.m. on weekdays and 8:00 a.m. and 9:00 p.m. on weekends for areas 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. 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 standards, 65 dBA for external and 45 dBA for internal, for residential uses and include mitigation measures if the standards are exceeded. Thus, cumulative long-term (stationary) noise impacts would be less than significant. Noise by definition is a localized phenomenon, and drastically reduces as distance from ~X 6AKF9 rn JN 60-100574 55 March 2010 ~7RIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 the source increases. Consequently, only projects and growth due to occur in the general vicinity of the proposed Project site would contribute to cumulative noise impacts. Cumulative noise impacts were analyzed using a two tier criteria. The proposed Project would not result in cumulative long-term mobile noise impacts along any roadway segments based on the MBGP's thresholds of significance. Therefore, the proposed Project, in combination with cumulative background traffic noise levels, would result in a less than significant impact. Mitigation Measure 5.6-6 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.6-5 Refer to Mitigation Measures 5.6-1 a through 5.6-5b, above. 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 Finding The SJVAPCD's 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, for the proposed Project, the construction emissions were quantified in order to demonstrate that the impacts for the proposed Project would be below the applicable thresholds. Construction Emissions Quantification Short-term impacts from the proposed 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, and PM2.5. o~.~AKF9~-~ m JN 60-100574 56 March 2010 ^Rl(CINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 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. Construction Related Criteria Pollutant Impacts The Kern County area and the San Joaquin Valley are designated non-attainment for PM2.5 particulates for both state and federal standards, and non-attainment for PM]o. particulates for state 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 the proposed Project and were incorporated into the modeled emissions: • 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 proposed Project includes the following requirements of the local municipal code which were incorporated into the proposed Project: • 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, particulate emission impacts from construction 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 operation and construction activities to determine if a significant health risk on nearby sensitive receptors (i.e. schools, residences, hospitals) would occur. The purpose of an exposure assessment is to estimate the extent of public exposure to each substance for which cancer risk will be quantified or non- cancer effects evaluated. This involves emission quantification, modeling of environmental transport, evaluation of environmental fate, identification of exposure _ m JN 60-100574 57 March 2010 `,QIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 routes, identification of exposed populations, and estimating short-term and long-term exposure levels. The health risk assessment is based on operation and construction for the 26 year build- out period since it reflects the total build out of the proposed Project. 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 area source was from URBEMIS. Although the actual stationary sources for the proposed Project are unknown at this time, the Air Quality Impact Assessment provided a representative list of potential land uses for analysis of the proposed Project's potential stationary source emissions. The following is a list of sources used for the operational phase of the proposed Project: one (1) dry cleaner ; two (2) restaurants; four (4) diesel trucks idling 5 minutes per day onsite and two (2) transportation refrigeration units (TRUs) operating for 30 minutes per week on- site. For the risk assessment, air toxics emissions from the proposed Project were quantified based on the design specifications and analytical sample analyses. 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), which is conservative at low environmental doses. The most important uncertainties related to exposure include the definitions of exposed populations and their exposure characteristics. The choice of a maximally exposed individual in a "residential" setting is very conservative in the sense that no real person is likely to spend 24 hours a day, 365 days a year over a 70-year period at exactly the point of highest toxicity-weighted annual average air concentration. The greatest true exposure is likely to be at least 10 times lower than that calculated for the maximum exposed individual (MEI). Based on the results of the dispersion modeling, there is not a significant individual cancer risk associated with the proposed Project (refer to Appendix 15.6, AIR QUALITY IMPACT ASSESSMENT). OEHHA has established No Adverse Effect Level (NAEL) concentrations for non- carcinogenic chemicals. 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, exposure to non-carcinogen levels are below the chronic NAEL thresholds, and thus would result in a less than significant impact. Hazardous Air Pollutants (HAPs) Within the proposed Project, an 8.63-acre area has been designated as a drilling site for any future oil and gas drilling that may occur beneath the residential development; therefore, a Hazardous Air Pollutants (HAPs) analysis for the potential oil production facility was conducted. The proposed drilling site is located to the south of the proposed Kern River Parkway along the southern boundary of the proposed Project. The site includes a square shaped drilling island encompassing 2.5 acres meeting City of Bakersfield standards. For the Air Quality Impact Assessment, it was assumed that up to six oil wells would be drilled to access any potential oil reserves beneath the Stockdale Ranch property. Currently, there is no oil production on the proposed Project site. M r Q JN 60-100574 58 March 2010 iInlAl_ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F 1 6 L n SCH No. 2009071068 Toxic emissions were estimated based on typical oilfield operations and emission estimating techniques developed by the SJVAPCD. The toxic emissions were then entered into the "Prior-4" spreadsheet developed by the SJVAPCD to calculate a priority score used to evaluate facilities subject to California's Toxic Hot Spots Information and Assessment Act of 1987. The SJVAPCD requires facilities with a priority score greater than 10.0 to prepare health risk assessments. The priority score for the proposed facility was found less than 1.0. A score less than 1.0 is considered a low priority, therefore, no health risk assessment is required for this facility. An estimate of potential production at this location was based on production from the Foothill Energy "Strand" 9-1 well, located approximately one-half mile to the south which produced approximately 20 barrels per day of oil and 130 barrels per day of water from the adjacent Strand Oil Field. It was assumed that the average daily production for six wells would be approximately 150 barrels of oil and 750 barrels of water per day. For purposes of this analysis, the potential production facility was estimated to include two produced water tanks, a wash tank, and a crude oil storage tank with a capacity of 1,000 barrel for each. Emissions of volatile organic compounds (VOC) from the tanks were calculated using a spreadsheet developed by the SJVAPCD to calculate emissions from heavy oil tanks. Toxic emissions were speciated from VOC emissions using emission factors derived by the SJVAPCD from test data in the San Joaquin Valley to calculate toxic emissions from fugitive oilfield equipment. The toxic emissions were entered into a spreadsheet developed by the SJVAPCD to calculate a priority score used to evaluate facilities subject to California's Toxic Hot Spots Information and Assessment Act of 1987. The priority score resulting from the estimated toxic emissions was less than 1.0 and considered a low priority. Therefore, impacts of the toxic emissions of this potential facility are considered less than significant according to SJVAPCD standards; therefore, no further health risk assessment is required. Valley 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 Quaternary fluvial 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 proposed Project is considered to be unlikely. ~6AKec T Fn JN 60-100574 59 March 2010 p I-)P1r-1K1A1 CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K H R S F I E L D SCH No. 2009071068 Mitigation Measure 5.7-1 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.7-1 The Project Applicant shall adhere to the terms of the 2006 Voluntary Emissions Reductions Agreement with the San Joaquin Valley Air Pollution Control District to reduce ROG, NOx, and PM1 o impacts to zero. 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 Supporting Finding As a result or normal day-to-day activities occurring on the proposed 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 proposed Project site, including heavy-duty diesel trucks. AREA SOURCE EMISSIONS Input into the URBEMIS 2007 Version 9.2.4 model was obtained from traffic data provided by the proposed Project's 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 in the San Joaquin Valley. The vehicles associated with these trips would emit criteria pollutants, including NOx and ROG, which are considered to be ozone precursors. Kern County is a non-attainment area for Federal air quality standards for ozone and PM1o 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..." The SJVAPCD regulates air quality in the SJVAB portion of Kern County. The predicted emissions associated with vehicular traffic (mobile sources) are not subject to the SJVAPCD permit requirements. However, the SJVAPCD is responsible for overseeing efforts to improve air quality within the San Joaquin Valley. The SJVAPCD has prepared _ m r` JN 60-100574 60 March 2010 )RINNAI(1~ CITY OF BAKERSFIELD Stockdale Ranch - GPA/ZC 09-0263 /Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 an Air Quality Attainment Plan to bring the San Joaquin Valley into compliance with the California Ambient Air Quality Standard for ozone. The SJVAPCD reviews land use changes to evaluate the potential impact on air quality. The SJVAPCD has established a significance level for ROG and NOx of 10 tons per year each and 15 tons per year for PM1o. US EPA has recommended the use of the PMio standards as the interim standard for PM2.s. Vehicle emissions have been estimated for Year 2036, 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. The executed VERA between the Project Developer and the SJVAPCD requires that the developer fully mitigate the project's air impacts, including, but not limited to opportunities for removal or retrofitting of stationary, transportation, indirect, and/or mobile pollution source equipment. In accordance with the agreement to reduce the project's impacts the project developer, under the guidance of the SJVAPCD identified approximately 37 diesel engines that were significant emitters of criteria pollutants. The project developer fully funded and replaced the engines, resulting in emissions reductions that exceed the project's emissions. Prior to replacement, the engine replacement program was approved by the district and required verification of the emissions reductions. The emissions reductions are also subject to further evaluation prior to completion of discretionary approvals. None of the predicted criteria emissions exceed the applicable significance thresholds after voluntary emission reductions. Therefore, the impacts from proposed Project sources are considered less than significant. Carbon Monoxide Hot Spots Impacts Carbon monoxide emissions are a function of vehicle idling time, and thus, under normal meteorological conditions, depend on traffic flow conditions. Under certain extreme meteorological conditions, CO concentrations near a congested roadway or intersection may reach unhealthy 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 proposed 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 three intersections: SR-58 and Calloway Drive; Stockdale Highway and Westside Parkway; Stockdale Highway and Nord Avenue. 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). JN 60-100574 61 March 2010 JORIC'INAI(~) CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 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 proposed Project modeling provide a strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, and traffic congestion, and so to consequently reduce motor vehicle emissions. Lona-Term Emissions Minimization Measures The Project Applicant has entered into a VERA with the SJVAPCD to mitigate related ROG, NOx and PMio emissions to zero; therefore, the SJVAPCD significance thresholds for NOx and ROG would not be exceeded. Under the VERA, the Project Applicant 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. • Design requirements which incorporate natural gas hookups and electrical outlets on patios. • Design requirements which prohibit the installation and use of wood burning stoves and wood burning fireplaces. Prior to issuance of grading permits for the proposed Project, the Project Applicant would prepare and submit dust control plans for the areas to be graded, in accordance with SJVAPCD Regulation VIII. The Plan would be prepared consistent with SJVAPCD 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 oI~AK~9.n } m JN 60-100574 62 March 2010 0.1 RlDINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 show proof of compliance with SJVAPCD 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 grading plan approval, the Project Applicant shall submit documentation to the City of Bakersfield Planning Department that they will/have met all air quality control measures required by the SJVAPCD. Cumulative Impacts 5.7-6 IMPACTS ON REGIONAL AIR QUALITY RESULTING FROM THE PROPOSED PROJECT AND CUMULATIVE PROJECTS MAY IMPACT EXISTING REGIONAL AIR QUALITY LEVELS ON A CUMULATIVE BASIS. Facts Supporting Finding The Air Quality Impact Assessment considered the affects of the proposed Project with the cumulative impacts of growth in the area. The SJVAPCD Guide for Assessing and Mitigating Air Quality Impacts defines cumulative impacts as two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The document also states "any proposed project that would individually have a significant air quality impact... would also be considered to have a significant cumulative air quality impact." The following were considered for this analysis: • Cumulative Ozone Impacts - Ozone impacts are the result of the cumulative emissions from numerous sources in the region and transport from outside the region. Ozone is produced in chemical reactions involving ROG, NOx, and sunlight. • Cumulative PMio and PM2.5 Impacts - PM1o 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. PM1o and PM2.5 may have cumulative local impacts, if, for example, several unrelated grading or earth- moving projects are underway simultaneously at nearby sites. • 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. The cumulative analysis is based, in part, on a quantitative analysis of projects in the vicinity of the proposed Project, and is supplemented with the State of California Department of Finance population projections, and an analysis of data utilized by the Kern Council of Governments' (Kern COG) adopted regional growth forecast used for ~gPKF9~, m - r- O JN 60-100574 63 March 2010`J()g1.g1NAL CITY OF BAKERSFIELD nch dale Ranch ~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 the regional air quality conformity analysis required by the CAAA. The nearby project analysis (traffic affected analysis) quantifies operational project impacts along with all identified projects in the vicinity of the proposed site for comparison with Basin and the Kern County portion totals for NOx and ROG. The Kern COG analysis confirms whether the proposed Project, when added to existing and proposed development and compared with local and regional growth forecasts, are in line with those forecasts, and therefore, in conformance with SIP emission budgets or baseline emissions for NOx, ROG, CO and PMio. Along with CO "Hot Spot" analysis and TACs, the combined analyses provide a detailed description of the proposed Project's overall cumulative impact on air quality. Cumulative Criteria Pollutants An analysis was made of the existing and proposed projects within a five-mile radius of the proposed Project. Those development projects have been identified and modeled using the URBEMIS 2007 Version 9.2.4 computer model to predict cumulative impacts. A build-out rate of 48 dwelling units per year as applied for each identified residential tract. This number was calculated based on the average build-out rate with the City of Bakersfield in 2006. The long-term emissions from similar past, present and future foreseeable related projects in the Basin in the city's jurisdiction of the proposed Project were also combined to consider a cumulative impact in regards to the City of Bakersfield. All of the aforementioned facilities have potential indirect source emissions, which may impact the Basin. List of Protects/Cumulative Operational Emissions Long-Term Operational Emissions differ from Cumulative Criteria Pollutant Impacts in that Long-Term Operational impacts are based on contribution to the surrounding inventory while Criteria Pollutant impacts are based on concentration related impacts to the immediate surroundings within the limits of the model. The long-term emissions from similar past, present and future foreseeable related projects in the Basin south of the proposed Project are combined to consider the cumulative impacts." All of the aforementioned facilities have potential indirect source emissions, which may impact the Basin and were included in the cumulative traffic studies. Where site specific or project specific data was available, URBEMIS factors were modified to fit with the information. Where little or no information was available for a project, default values were selected. The Basin has been designated as a non-attainment area for the ozone standards, both federal and state. A quantitative modeling analysis was conducted to address potential cumulative criteria pollutant impacts in the proposed Project area. The modeling approach employed is consistent with federal, state and SJVAPCD guidance for considering the impacts from commercial facilities. Under federal modeling guidance, "nearby" sources are considered to determine cumulative ambient impacts. The federal Guideline on Air Quality Models defines a "nearby" source as any source expected to cause a significant concentration gradient in the vicinity of the proposed new source. Vicinity is defined as the "impact area," which is a circular area with a radius extending from the source to the most distant point where the model predicts an impact in excess of the significance threshold. Under federal guidance, no additional modeling would be required if the maximum impacts do not exceed the significance threshold. o" aPK~9 y m JN 60-100574 64 March 2010 ~()RIGINAl_ CITY OF BAKERSFIELD nch dale Ranch ~ Stockdale Ranch X~r GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 The initial model indicated that the Prevention of Significant Deterioration (PSD) Significant Impact Level (SIL) (refer to Appendix 15.6, AIR QUALITY IMPACT ASSESSMENT) has not been exceeded at the limits of the proposed Project's fence line; therefore, in accordance with New Source Review (NSR) regulations and PSD guidelines issued by U.S. EPA, the proposed Project will not conflict with or obstruct implementation of SJVAPCD's air quality plan, cause a violation of the CO standard, or impact the attainment status of SJVAPCD. Additionally, since the proposed Project is below the PSD SIL, the cumulative impact will be less than significant. Cumulative Visibility The threshold for the California visibility is correlated to the standard Extinction Coefficient of 0.23 per kilometer. This equates to 90 pg/m3 of PMio. There is no modeled PMio impact above the PSD SIL for the proposed Project. Additionally, due to the VERA and reduction of the existing agricultural emissions in PM1o and PM2.5, the proposed Project has no contribution for cumulative impacts. Impacts are considered less than significant. Global Climate Change Global Climate Change impacts are a result of cumulative emissions from anthropogenic activities in the region, the state, and the world. Analysis has concluded that the proposed Project's per capita emissions are 27 percent of the national goal or 73 percent below the national goal. This means that the national goals are furthered by the construction of the proposed Project, therefore, the proposed Project is considered less than cumulatively significant and less than cumulatively considerable on a national level. The proposed Project climate change gas emissions on a Gross State Product/Gross National Product basis are less than those of any industrialized country. Therefore, the Project's cumulative global level contribution to climate change gas emissions is considered less than significant and less than cumulatively significant on a global level. 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. 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. It is estimated that the vehicle miles traveled and the resultant greenhouse gas emissions for the proposed Project will be below the California average per service population. The proposed Project's design is also consistent with policies in the MBGP 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. The proposed Project's greenhouse gas emissions, as quantified in the Air Quality Impact O~0PK~9J'-c~ m v r- JN 60-100574 65 March 2010 0ORIGIN4L CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F 1 E L D SCH No. 2009071068 Analysis prepared for the Project, represents a reduction of greater than 30 percent from the state's projected BAU emissions and a reduction of greater than 10 percent from the 2002-2004 average emissions. Therefore, in accordance with the CARB's AB 32 Scoping Plan and SJVAPCD's Climate Change Action Plan Addressing Greenhouse Gas Emissions under the California Environmental Quality Act, Draft Staff Report, June 30, 2009, the proposed Project will have a less than significant and less than cumulatively considerable impact on global climate change/greenhouse gases. To ensure that overall global climate change targets are met (in consideration of this and other future projects), the following mitigation measures are recommended. Mitigation Measures 5.7-6(a-b) of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.7-6a Refer to Mitigation Measure 5.7-2, above. 5.7-6b The Project Applicant shall adhere to the terms of the 2006 Voluntary Emissions Reductions Agreement, which includes reduction measures that will reduce Greenhouse Gas Emissions. 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 Supporting Finding Grading activities would disturb soils and result in the accumulation of dust on the surface of leaves, trees, shrubs, and herbs in the proposed Project area. The respiratory function of the plants in the area would be impaired when dust accumulation is excessive. Implementation of standard dust suppression measures identified in Section 5.7 AIR QUALITY, would serve to reduce construction-related dust generation. Therefore, the indirect effect of impairing respiration of existing plant species on the proposed Project site is considered less than significant. During construction of the proposed Project, it is likely that noise levels on the proposed 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 proposed Project is not expected to result in wildlife displacement adjacent to the site due to increased disturbance. Therefore, proposed 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: 5.8-1 a Refer to the mitigation measures provided in Section 5.7, AIR QUALITY. Ln~ Fn ~ O r7f IGINAL JN 60-100574 66 March 2010 CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 /Annexation No. 548 a w x tt s F E L o SCH No. 2009071068 5.8-1 b Refer to mitigation measures provided in Section 5.6, NOISE. 5.8-1 c 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 proposed Project site during construction. Absolutely no deliberate feeding of wildlife shall be allowed. San Joaquin Kit Fox 5.8-4 THE PROPOSED PROJECT HAS THE POTENTIAL TO IMPACT (BOTH DIRECTLY AND INDIRECTLY) SAN JOAQUIN KIT FOX. Facts Supporting Finding San Joaquin kit fox may range through the proposed Project site; however, no live San Joaquin kit fox or active dens were identified during the biological surveys of the subject property. In addition, no kit fox tracks or scat were observed within the proposed Project boundaries. Irrigation pipes may serve as potential dens; however, surveys did not reveal any presence of the species. Locations that would provide San Joaquin kit fox with dens are not suitable because of the repeated plowing and agricultural uses in the fields. No San Joaquin kit fox species are known to be in the immediate vicinity of the proposed Project, although it is predicted that they are likely to use the site at times. Even though the potential for the San Joaquin kit fox to occur on the proposed Project site is low, mitigation measures must be implemented to ensure that any kit fox using the site. Despite not being currently active on the proposed Project site, there is a potential for occupation of areas that provide den habitat, such as irrigation pipes, prior to proposed 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 proposed 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. Compliance with the MBHCP is intended to conserve entire communities and ecosystems. Although not known to occur in the immediate vicinity of the proposed > m JN 60-100574 67 March 2010 r- ~(1glf~INA~ CITY OF BAKERSFIELD • Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 a w x fi x s F e L n SCH No. 2009071068 Project site, impacts on habitat for special status species, including San Joaquin kit fox, will be mitigated through the payment of a one-time mitigation fee due and payable to the City of Bakersfield at the time grading plans are approved or building permits are issued. The mitigation fee, as previously mentioned above, is currently $1,240 per acre, although it may be increased in the future to keep pace with inflation. The mitigation fee will apply to the acres of all vegetation types directly impacted by the proposed Project. Therefore, less than significant impacts are anticipated. Mitigation Measures 5.8-4(a-d) of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.8-4a Prior to grading, the Project Applicant shall pay the habitat mitigation fee in accordance with section 15.78.030 of the City of Bakersfield Municipal Code and the MBHCP. If the MBHCP is not extended past the expiration date of 2014, then during the time when no applicable MBHCP is in place, the Project Applicant shall comply with such mitigation measures as shall be required by the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) including, but not limited to, the following a) Fund, and/or purchase, the appropriate number of credits in a mitigation bank or conservation program for the San Joaquin kit fox, which is approved by the applicable regulatory oversight agency (i.e., USFWS or CDFG). b) Contribute the appropriate funding to an organization, which is approved by the appropriate regulatory oversight agency (i.e., USFWS, CDFG), that provides for the preservation of off-site San Joaquin kit fox habitat. Funds may be used for purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. C) Contribute the appropriate funding and follow the appropriate regulatory oversight agency (i.e., USFWS, CDFG) guidelines, including obtaining the required permits, to enable the relocation of any San Joaquin kit fox identified on-site. d) During the life of the project, if a HCP is adopted by the City of Bakersfield, or other responsible agency, that provides equal or more effective mitigation than measures listed above, the Project Applicant may choose to participate in that alternate program to mitigate loss of San Joaquin kit fox habitat impacts. Prior to participation in the alternate program, the Project Applicant shall obtain written approval from the appropriate regulatory oversight agency (i.e., USFWS, CDFG) agreeing to the participation, and the Project Applicant shall submit written verification of compliance to the City of Bakersfield with the alternate program at the same time described above in the first paragraph. Completion of the selected mitigation measure, or with the Planning Director's approval, a combination of the selected mitigation measures, can be on qualifying San Joaquin kit fox habitat land within Kern County. 0 AK,6 O P M JN 60-100574 68 March 2010 JORICINALI CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 5.8-4b Within 30 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. 5.8-4c 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. 5.8-4d During construction, all pipes, culverts 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. Sensitive and Nesting Birds 5.8-5 POTENTIAL IMPACTS TO SENSITIVE SPECIES, SUCH AS SENSITIVE AND NESTING BIRDS, MAY OCCUR. Facts Supportina Finding During the surveys conducted for the proposed Project, no sensitive or nesting bird species or their signs were observed. The State-listed burrowing owl is known to occur within the proposed Project region; however, no signs of the species were identified on the site. Several areas potentially suitable for burrow sites were investigated in the surveys, including roads and canals. However, no signs of occupancy were noted. No burrowing owl species are known to be in the immediate vicinity of the proposed Project site. In addition, there were no other sensitive species or nesting birds observed or expected to inhabit the proposed Project site. Compliance with the MBHCP is intended to conserve entire communities and ecosystems. Although not known to occur in the immediate vicinity of the proposed Project site, impacts on habitat for special status species, including burrowing owl, will be mitigated through the payment of a one-time mitigation fee due and payable to the City of Bakersfield at the time grading plans are approved or building permits are issued. The mitigation fee, as previously mentioned above, is currently $1,240 per acre, although it may be increased in the future to keep pace with inflation. The mitigation fee will apply to the acres of all vegetation types directly impacted by the proposed Project. Therefore, less than significant impacts are anticipated. Mitigation Measures 5.8-5(a-f) of the Final EIR reduce impacts below a level of o'k m JN 60-100574 69 March 201 nRIMNAL CITY OF B kdale RI nch Arz~ Stocdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 significance. The measures are as follows: 5.8-5a Prior to grading, the Project Applicant shall pay the habitat mitigation fee in accordance with section 15.78.030 of the City of Bakersfield Municipal Code and the MBHCP. If the MBHCP is not extended past the expiration date of 2014, then during the time when no applicable MBHCP is in place, the Project Applicant shall comply with such mitigation measures as shall be required by the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) including, but not limited to, the following: a) Fund, and/or purchase, the appropriate number of credits in a mitigation bank or conservation program for sensitive and nesting birds, which is approved by the applicable regulatory oversight agency (i.e., USFWS or CDFG). b) Contribute the appropriate funding to an organization, which is approved by the appropriate regulatory oversight agency (i.e., USFWS, CDFG), that provides for the preservation of off-site habitat for sensitive and nesting birds. Funds may be used for purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. C) Contribute the appropriate funding and follow the appropriate regulatory oversight agency (i.e., USFWS, CDFG) guidelines, including obtaining the required permits, to enable the relocation of any sensitive or nesting birds identified on-site. d) During the life of the project, if a HCP is adopted by the City of Bakersfield, or other responsible agency, that provides equal or more effective mitigation than measures listed above, the Project Applicant may choose to participate in that alternate program to mitigate loss of habitat impacts to sensitive or nesting birds. Prior to participation in the alternate program, the Project Applicant shall obtain written approval from the appropriate regulatory oversight agency (i.e., USFWS, CDFG) agreeing to the participation, and the Project Applicant shall submit written verification of compliance to the City of Bakersfield with the alternate program at the some time described above in the first paragraph. Completion of the selected mitigation measure, or with the Planning Director's approval, a combination of the selected mitigation measures, can be on qualifying sensitive and nesting bird habitat land within Kern County. 5.8-5b Prior to the commencement of grading activities, the Project Applicant 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. ,;~AKFq 0 y m JN 60-100574 70 March 2010 t0 , )AIGINAL _WMENOW CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 5.8-5c 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 proposed Project's 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. 5.8-5d 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 gPKF,~ uOFRIGINM JN 60-100574 71 March 2010 i~~`~G-- • CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F 1 E L D SCH No. 2009071068 necessary to accomplish this and allow the owls to acclimate to alternative burrows. 5.8-5e Prior to initial ground disturbance, it is recommended that a "tailgate" session relative to all environmental Federal, State, and local laws for all construction personnel be conducted by a qualified biologist. 5.8-5f Any evidence, such as burrows or potential raptor nests, observed at any time during construction, shall be promptly reported to the reviewing agencies for resolution. Long-Term Impacts 5.8-7 THE PROPOSED PROJECT WOULD RESULT IN PERMANENT LONG-TERM IMPACTS ON BIOLOGICAL RESOURCES COMPARED TO EXISTING CONDITIONS. Facts Supporting Finding The following impact analysis evaluates long-term implications of the proposed Project on biological resources. Wildlife Impacts Future development of the proposed Project site would result in the loss of non-native vegetation associations, and the wildlife habitat they provide. Non-native habitats within the proposed Project site may provide nesting, foraging, and denning opportunities for a variety of wildlife species. However, non-native habitats generally provide low quality wildlife habitat. Wildlife Movement Because of the existing use of the site as an agricultural field, the proposed Project does not serve as a regional wildlife movement corridor. The consistent and frequent cultivation and maintenance activities associated with an active farmland are not ideal conditions for a wildlife movement corridor. Furthermore, the residential neighborhoods to the north and the construction of the future residential neighborhood to the east detract from the overall likeliness of wildlife movement in the area. The proposed residential uses may 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. Noise The completed proposed Project would result in increased traffic volumes and noise levels that would presumably increase over present levels as the traffic and occupancy increases. However, noise levels are already relatively high on the Project site, due to > rn r r` rz? JN 60-100574 72 March 2010 'nRl('INAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 agricultural cultivation, traffic on adjacent roads, and residential uses to the north and east of the Project site. Therefore, the permanent noise increase resulting from the proposed Project would be considered less than significant in regards to wildlife. Night Lightina Night lighting would increase due to car headlights and proposed Project-related parking and night lighting during and after completion of the proposed Project. Lighting associated with car headlights would not be present 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, proposed Project-related night lighting would be considered less than significant. Food Waste and Garbaae Extensive litter frequently accumulates around residential and/or commercial developments. The San Joaquin kit fox and other animals also 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 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 5.8-7(a-b) of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.8-7a Implement Mitigation Measure 5.8-1 c, above. 5.8-7b 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 Supporting Finding No archaeological or historical resource sites were identified within the proposed Project boundaries. Five archaeological sites are located within a one-mile radius of the proposed Project site. The closest site to the proposed Project has been recorded south ~~yAKF9 m _ r JN 60-100574 73 March 2010 ~'~RIGINALL CITY OF BAKERSFIELD nch dale Ranch ~ Stockdale Ranch GPA/ZC 09-02631 Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 of the proposed Project and is described as an "historic debris scatter" dating to the turn of the last century (ca. 1880-1914). The Pioneer Canal was present within the proposed Project site; however, it has been filled in and no evidence of remnant features was identified during the field survey and historic map review. No cultural resources were identified after a pedestrian reconnaissance and no cultural resources were previously recorded within the proposed Project boundaries. Agricultural land uses often move surface rocks deeper into the soil and as a result, any cultural materials that may have existed become more deeply buried. The Pioneer Canal was filled in and no evidence of the canal exists on-site. Therefore, there is a chance that cultural resources may be identified during construction or earth disturbing activities. In addition, there is the potential to find buried remains during earth disturbing construction activities. With implementation of mitigation measures, construction impacts would be less than significant. Mitigation Measures 5.9-1(a-b) of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.9-1 a During excavation and grading activities, if archaeological resources are discovered on-site, the Project Developer/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 State 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. 5.9-1 b If human remains are discovered as a result of the proposed Project during development, all activity shall cease immediately, the Project Developer/ 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. Paleontological Resources 5.9-2 IMPLEMENTATION OF THE PROPOSED PROJECT MAY CAUSE A SIGNIFICANT IMPACT TO BURIED PALEONTOLOGICAL RESOURCES. Facts Supporting Finding The proposed Project is not located in, or within the immediate vicinity of, the Sharktooth Hill bone bed, which is the only unique paleontological resource identified in the area. Excavation is expected to occur at shallow depths and is not expected to incorporate deep cuts within a sensitive paleontological area. The proposed Project is not expected to impact paleontological or unique geologic resources. If potentially significant fossil remains are identified, appropriate paleontological measures would be implemented to salvage the materials for study at a local institution, } m r O JN 60-100574 74 March 2011G1W'- CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 such as the Buena Vista Museum of Natural History. Implementation of the recommended mitigation measure 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 If, during grading, paleontological resources are discovered, the Project Developer/Contractor shall stop all work and a qualified paleontologist shall be retained to evaluate the significance of the finding and the appropriate course of action. The qualified paleontologist shall then be retained to examine earthwork spoils generated from construction activities. 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 Due to the potential increase in urban development beyond existing conditions, additional demand for fire services may occur with implementation of the proposed Project. The City of Bakersfield Fire Department has not established a ratio of staff to resident population, but the national industry standard is 1.0-fire personnel per 1,000 residents. Currently, the City of Bakersfield operates at approximately 0.7 fire personnel per 1,000 residents.. At build-out, the proposed Project may generate a population of 10,275 persons. The approximate density is based upon 3.01 persons per single-family dwelling unit and 2.77 persons per multi-family dwelling unit (per the City of Bakersfield). With the estimated population increase, it is anticipated that approximately seven additional City fire personnel would be required to serve the proposed Project. It is also anticipated that the proposed Project would significantly increase traffic within the vicinity of the proposed Project site, creating delays in emergency response time. The increase in construction activity and population would also result in an increase in the number of medical aid calls. Subsequently, the conditions of approval of the future development on-site may include an increase in Fire Department personnel and additional emergency equipment in order to maintain the current level of service. The proposed Project's incremental contribution to this impact would be mitigated through property tax revenues to a less than significance impact. As part of the approval process, the proposed Project would be required to conform to the Uniform Fire Code and local amendments; Bakersfield Municipal Code Sections 15.64.010 to 15.64.480; Titles 19, 22, and 27 of the California Safety Code Regulations, and the National Fire Prevention Association Standards. These codes require projects to include specific design features such as ensuring appropriate emergency access, and requiring structures to be built with approved building materials, etc. Conformance with these codes helps reduce the risks associated with fire hazards. Accordingly, all ~gAKF9 y a m r JN 60-100574 75 March 2010 0RIGINAIQ) CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 construction plans would be approved by the Fire Department to ensure that all fire code requirements are incorporated into the proposed Project. 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-b) of the Final EIR reduce impacts below a level of significance. The measures are as follows: 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. 5.10-1 b Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term construction mitigation measures. Police Protection 5.10-2 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD RESULT IN THE NEED FOR ADDITIONAL POLICE FACILITIES OR PERSONNEL. Facts Supporting Finding Construction of the proposed Project would create an increased demand for police services on the City of Bakersfield Police Department. As stated above, at build-out, the proposed Project may generate a population of 10,275 persons. The City uses a staffing goal of 1.3 officers per 1,000 persons. Using the above service factor, approximately 13 additional personnel would be required for law enforcement services for the proposed Project site at build-out. The Police Department has indicated current staffing levels are below their staffing goal of 1.3 officers per 1,000 residents. Law enforcement will lag behind actual demand due to lack of funds immediately available to hire officers. Short- term cumulative demand will lag several years behind actual staffing needs. The proposed Project's incremental contribution to this impact would be mitigated through property tax revenues, resulting in a less than significant impact. 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 proposed Project construction both during day and nighttime periods. These temporary impacts would not be considered significant; nonetheless, ~dAKF9 O J' m JN 60-100574 76 March 2010 `~~RIGINAo CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 s w x fi R s F t fi L SCH No. 2009071068 mitigation measures pertaining to coordination during construction are provided to ensure potential impacts are reduced to a less than significant level. Mitigation Measure 5.10-2 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.10-2 Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term construction mitigation measures. Schools 5.10-3 DEVELOPMENT OF THE PROJECT SITE WOULD GENERATE ADDITIONAL STUDENTS BEYOND EXISTING CONDITIONS. Facts Supporting Finding The proposed Project is within the Rio Bravo-Greeley Union School District, Rosedale Union School District, and Kern High School District. The addition of approximately 10,275 new residents will impact the school districts and necessitate construction of additional school facilities to serve the population. Approximately 1,080 dwelling units proposed as part of the proposed Project are within the Rosedale Union School District, and approximately 2,503 dwelling units are within the Rio Bravo-Greeley Union School District. The portion of the proposed project site between Claudia Autumn Drive and Rider Road is within the Rosedale Union School District. The District provides kindergarten through eighth grade education services to residents of an area encompassing approximately twenty-eighth square miles. Rosedale Elementary School District currently operates 6 elementary schools. The Rio Bravo-Greeley Union School District uses a student generation rate of 0.6 students per dwelling unit. With approximately 2,503 dwelling units from the proposed Project located within the Rio Bravo-Greeley Union School District, the proposed Project is anticipated to generate approximately 1,501 new students (kindergarten through eighth grade). The Rio Bravo-Greeley Union School District is beginning the process to acquire a new school site. It is not known if the acquisition process and school construction would be completed at the time of the proposed Project build-out. At build-out, the proposed Project will likely require physical additions to the Rio Bravo-Greeley Union School District. The portion of the proposed Project that is east of the proposed West Beltway is in the Liberty High School attendance area. The remainder of the proposed Project site is located in the Frontier High School attendance area. Student capacity of Frontier High School is 2,033, and enrollment (as of October 2009) was 2,442 students. The Kern High School District (KHSD) uses a student generation factor of 0.2442 for new single-family residences, and a 0.1694 factor for multi-family residences. Therefore, the proposed Project is anticipated to generate 355 students with the proposed 1,455 single-family units, and 360 students with the proposed 2,128 multi-family units. The proposed Project would result in 715 students (9th through 12th grade) at proposed Project build-out. The proposed Project is subject to payment of statutory fees authorized under Education Code § 17620 and Government Code § 65995, 65995.5, 65995.6 and 65995.7, as amended November 4, 1998, in order to address impacts related to the increased O~ OAKF,9N } T r rn r JN 60-100574 77 March 2010 ORIGINAL CITY OF BAKERSFIELD xk~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 student population. Collection of the fees is at time of issuance of building permits. Statutory fees are based on the square footage of the residences. The current statutory minimum is $2.97 per square foot for residential use, and $0.47 for commercial/industrial use. The Rio Bravo-Greeley Union School District requires the Project Developer/Applicant to pay developer fees or join a Mello-Roos Community Facilities District to mitigate proposed Project-related impacts to elementary and middle schools which would include the cost necessary to build a new school and/or expand existing facilities. If required, school sites will be located in consultation with the Rio Bravo-Greeley Union School District, Rosedale Union School District, and Kern County High School District, per district requirements. Off-site school sites and facilities may be utilized in-lieu of the on- site school sites and facilities where available and appropriate. The location and designation of the schools are not established because the City of Bakersfield does not designate school sites at the General Plan or zoning level of planning. In accordance with the MBGP and zoning designations, the schools could be located within any of the residential areas. 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 three school 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 Project Applicant shall be required to pay impact-based school fees at the statutory rate in effect at the time of issuance of building permits, in accordance with Education Code § 17620 and Government Code § 65995. Parks and Recreation 5.10-4 DEVELOPMENT OF THE PROJECT SITE WOULD CREATE ADDITIONAL DEMAND ON PARKS AND RECREATION FACILITIES. Facts Supporting Finding The proposed Project site is located within the NOR Recreation and Park District. Recreational facilities shall be located and sized in accordance with the NOR Recreation and Park District's requirements. The NOR Recreation and Parks District uses a "park factor" to determine park acreage requirements (2.5 acres of parkland per 1,000 population). Population estimates for parkland are based upon a ratio of 3.01 persons per household for both single-family and multi-family. Based on the proposed Project's population estimate, approximately 27 acres of parkland is required for the proposed Project. The increase in population within the NOR Recreation and Park District would result in the need for new parks and recreational facilities to serve future residents. The Project proposes to provide approximately 22.30 gross acres of parkland. Based on the NOR Recreation and Park District's requirements, additional parks are needed. In order to meet the park requirement, the Project Developer may provide two, 2.5 acre pocket parks or pay fees in-lieu of the required acreage. Should 2.5-acre pocket parks J~ ~~KF9 m ~ Q gRIGINAL JN 60-100574 78 March 2010 CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 /Annexation No. 548 B A K fi R S F I fi L D SCH No. 2009071068 be provided, maintenance fees would be higher due to extra transportation of mowing and other equipment, and more intense development per acre with small parks. In addition, every new residential unit must pay a park development fee (Bakersfield Municipal Code § 15.80) at the time of issuance of a building permit. The fee is currently $1,615 per residential unit. Compliance with the parkland and park development fee ordinances ensures that parks are provided and built in accordance with the District and City standards as described in the MBGP. In addition, the proposed Project is required to join the NOR Park Maintenance District to help offset the long-term cost of park maintenance. Any increased park maintenance would be assessed through NOR's property tax assessments. A conceptual park layout is not currently available; however, it is assumed that the 22.30 gross acres of parkland will consist of a community park/public park to serve the proposed Project's population. Community parks serve large populations and active recreational venues; therefore, the proposed Project may include the following park features: tall recreational sports lighting on sports playing fields, community centers, aquatic facilities, group / family picnic facilities, children's play areas, various playing courts (tennis, basketball, volleyball, arena games, and skate-boarding) with sports lighting, walking/jogging courses, off-street parking, security lighting, and other associated improvements. The Project proposes a specific plan amendment (SPA) to modify the Western Rosedale Specific Trails Plan. The proposed SPA would include the introduction of a multi-use trail along the south side of Claudia Autumn Drive. In addition, a multi-use trail would be added along Wegis Drive between Stockdale Highway and Claudia Autumn Drive. An equestrian trail would be added along Wegis Avenue from Stockdale Highway south to Claudia Autumn Drive, along Claudia Autumn Drive from Wegis Avenue west to Nord Avenue, and along Nord Avenue from Claudia Autumn Drive south approximately 1,000 feet. A Class 2 bikeway would be added along Heath Road from Stockdale Highway south to Claudia Autumn Drive. The currently proposed multi-use trails along the Wegis Avenue and the proposed Westside Parkway would be eliminated, as would the Class 2 bikeway along Heath Road between Claudia Autumn Drive south to the Cross Valley Canal. Implementation of the required mitigation measures would reduce potential parks and recreation impacts to a less than significant level. Mitigation Measure 5.10-4(a-b) of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.10-4a Prior to recordation of a final map(s), the subdivider shall dedicate land and/or pay in-lieu fees for parkland dedication to the North of the River Recreation and Park District, in compliance with Government Code Section 66477 (Quimby Act), Bakersfield Municipal Code § 15.80 (based on a parkland dedication requirement of 2.5 acres per 1,000 population), and North of the River policies and standards. If the number of dwelling units increases or decreases upon recordation of a final map(s), the park land requirement will change accordingly. Refer to Bakersfield Municipal Code §15.80 and the Planning Information Sheet regarding calculation and payment of in-lieu fees. The NOR Recreation and Park District shall provide a certificate stating that this measure ~gPKF9 O 1P f, m JN 60-100574 79 March 2010 0 rIs0IrrAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K H R S F I e L D SCH No. 2009071068 is satisfied. 5.10-4b Prior to recordation of the first final map, the subdivider shall provide written proof /verification from North of the River (NOR) Recreation and Park District that the proposed Project site is/has been included within the NOR Park Maintenance District. Said verification shall be submitted to the City of Bakersfield Planning Director. Water Resources 5.10-5 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD REQUIRE THE EXPANSION OF EXISTING WATER DISTRIBUTION OR SUPPLY FACILITIES WITHIN THE PROJECT AREA. Facts Supporting Finding in accordance with the requirements of California Senate Bill (SB) 610 and SB 221, a Water Supply Assessment (WSA) is required for any development defined as a project in Water Code § 10912 and subject to CEQA review. Water for the proposed Project will be supplied by the City of Bakersfield from groundwater wells located west of the proposed Project, and possibly from future wells within the proposed Project boundaries. The WSA concluded that the City of Bakersfield has adequate water supply to meet the estimated demands of the proposed Project over the next 20 years, in addition to those of the City's existing customers and other anticipated future users under normal, critical dry, and multiple dry year conditions. 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 proposed Project site. All water distribution infrastructures would be installed as part of the proposed Project as development progresses within the proposed Project site. The Project Applicant would be required to pay all required fees for the connection and extension of water services infrastructure to the proposed Project site. Implementation of mitigation would reduce impacts to less than significant levels. 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 proposed Project development, the Project Applicant shall coordinate with the City of Bakersfield Water Resources Department 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. ~yjAKF9 , p LIP, JN 60-100574 80 March 2010 ~IRIGINALL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 Facts Supporting Finding Implementation of the proposed Project has the potential to increase demand for solid waste services. The proposed Project would generate construction debris on a short- term, temporary basis during construction. The Project also proposes a limited amount of deconstruction to accommodate the proposed improvements, and the amount of deconstruction materials and raw construction debris is not anticipated to be significant. The County charges a fee of up to $40.50 per ton at landfills for disposal of construction and demolition debris. Recycling of construction debris would reduce the potential amount of waste disposed of at landfills in the County, and would contribute to the recycling goals set forth by the City of Bakersfield and AB 939. Waste from the proposed Project site would be disposed of at the Bena Sanitary Landfill. According to the Kern County Waste Management Department, the proposed Project is anticipated to generate approximately 11,722 tons of solid waste per year According to the Kern County Waste Management Siting Element 2003 Annual Report, the anticipated disposal capacity of the Bena Sanitary 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 Sanitary 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 proposed Project 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 a universal waste collection area within the proposed Project site, along with potential mandatory collection for curbside recycling. Electrical Services 5.10-8 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD REQUIRE TEMPORARY USE OF ELECTRICITY DURING CONSTRUCTION AND LONG-TERM ELECTRIC CONSUMPTION. ELECTRICITY USE WOULD RESULT IN EXCESSIVE POWER CONSUMPTION THAT WOULD RESULT IN SIGNIFICANT IMPACTS ON EXISTING FACILITIES. Facts Supporting Finding PG&E's Renfro Substation (north of Rosedale Highway on Renfro Road) presently serves ~~aKF9 r JN 60-100574 81 March 2010 vORIGINAL CITY OF BAKERSFIELD / Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K fi R S F I fi L D SCH No. 2009071068 the proposed Project area. PG&E'S Tupman Substation, located west of Enos Lane (on the south side of Stockdale Highway), would also be used to serve the proposed Project's ultimate electricity load. Existing electric distribution facilities are located north of Stockdale Highway, along the entire northern border of the proposed Project, and distribution tap lines run down from the Stockdale Highway distribution line going south into the proposed Project at Wegis Avenue and at Rider Street. PG&E also has distribution facilities on the south-east side of the proposed Project along the Cross Valley Canal. According to PG&E, the proposed Project is anticipated to have an approximate load of 35 megawatts. Additionally, PG&E indicated that the existing facilities can not adequately serve the proposed Project. PG&E indicated that the Renfro substation will be overloaded, as well as other distribution facilities in the area; specifically, facilities along Renfro Road, Stockdale Highway, and Heath Road. However, PG&E also indicated that the Renfro substation has been sized for ultimate electrical loads in the proposed Project area. The substation's ultimate design and permitting through the California Public Utilities Commission (CPUC) has included the proposed Project area with the understanding that upgrades to facilities will be added as development occurs. The substation upgrade and upgrade of electrical lines will occur on and/or within existing PG&E facilities. PG&E switches are opened and closed in their grid system annually to accommodate growth and changes. During construction, the proposed 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 proposed Project Contractor shall coordinate with PG&E staff prior to construction regarding any potential service or facility issues. Less than significant impacts are anticipated in this regard, with incorporation of the mitigation measures listed below. 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 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 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 Sugportina Finding Over 95 percent of the proposed Project is located within PG&E's gas territory. The other oIk pKF'9d' } m r ~ O JN 60-100574 82 March 2010 ORIGINAL CITY OF BAKERSFIELD nch dale Ranch ~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 5 percent, which is located at the northwest corner of the proposed Project is located within Southern California Gas's territory. According to PG&E, the peak load for the proposed Project will be approximately 200 thousand cubic feet per hour (MCFH) for the 3,583 residences. The peak load for the commercial/business uses would be estimated at 250 MCFH. PG&E indicated that the natural gas transmission line that goes through the proposed Project will have sufficient capacity to serve the proposed Project. A regulating station can be installed at a located that can be determined at a later date. 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. 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 proposed 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 Applicant shall coordinate with PG&E staff prior to construction regarding any potential service of facility issues. GEOLOGIC RESOURCES Soil Erosion 5.11-1 FUTURE DEVELOPMENT OF THE PROPOSED PROJECT SITE MAY RESULT IN SUBSTANTIAL SOIL EROSION. Facts Supporting Finding Based on the soil descriptions described above, the soils located on-site are well drained fine sandy loam. The erosion hazard for the soils on-site is considered slight Grading operations associated with development of the proposed Project 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). The proposed Project will be subject to City ordinances and standards relative to soils and geology. On-site grading shall occur in conformance with established City 01 ~ AKF9ct' fi JN 60-100574 83 March 2010 ORICINA© CITY OF BAKERSFIELD Z f-r- Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 engineering guidelines. 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. All earthwork is required to be performed in accordance with applicable City requirements as stipulated in the Bakersfield Municipal Code. Earthwork would also be performed in conformance with approved grading plans and any applicable geotechnical reports prepared for future developments on-site. Implementation of appropriate grading measures and the required SWPPP would reduce the potential impacts to less than significant levels. Refer to Section 5.12, HYDROLOGY AND WATER QUALITY, for detailed discussion regarding construction practices and required mitigation measures. 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 Refer to Mitigation Measures in Section 5.7, AIR QUALITY. 5.11-1b Prior to issuance of grading permits, a 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, shall be obtained. 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. Seismic Ground Shaking 5.11-3 FUTURE DEVELOPMENT ON-SITE WOULD INCREASE THE NUMBER OF PEOPLE AND STRUCTURES EXPOSED TO EFFECTS ASSOCIATED WITH SEISMICALLY INDUCED GROUND SHAKING. Facts Supporting Finding Given the highly seismic character of the area, moderate to severe ground shaking associated with earthquakes on the nearby faults can be expected within all parts of the City. As mentioned above, a number of active faults are located within a 50-mile radius of the proposed Project site. Ground shaking is likely at this site in the event of a major earthquake from one of the nearby faults; therefore, future residents, employees, and store patrons may be exposed to seismic ground shaking. The intensity of future seismic activity at the proposed Project site is expected to be no greater than for other sites in the Metropolitan Bakersfield area. The 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 would be designed in strict accordance with the minimum earthquake regulations of the CBC, and the Bakersfield Municipal Code. The compliance with these requirements, as well as implementation of mitigation measures would reduce potential impacts from seismic ground shaking to a less than significant level. O~ ~6 AKp'N m r f~ O JN 60-100574 84 March 2010 DRIAINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K B R S F I E L D SCH No. 2009071068 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 Bakersfield Municipal Code 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. HYDROLOGY AND WATER QUALITY Flow Patterns/Flood Impacts 5.12-1 FUTURE DEVELOPMENT ON-SITE WOULD RESULT IN INCREASED SURFACE RUNOFF AND MAY RESULT IN POTENTIAL FLOODING IMPACTS OFF-SITE. Facts Supporting Finding Although the proposed Project is relatively flat, the proposed 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. Any water that is anticipated to drain off-site would be required by the City to drain into a storm drain structure. The use of storm drain infrastructure reduces the amount of surface runoff and would potentially reduce flooding impacts. The Kern River is located south of the proposed Project; however, it does not represent a flood hazard to the proposed Project as the proposed Project is not located within the Kern River 100-year flood zone. Mitigation Measure 5.12-1 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.12-1 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 ~~PKF9 M e- ~ JN 60-100574 85 March 2010 `~,)RIGINAL~ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I H L D SCH No. 2009071068 ASSOCIATED WITH FUTURE AND POST DEVELOPMENT MAY RESULT IN AN INCREASE IN URBAN POLLUTANT DISCHARGE RESULTING IN IMPACTS TO WATER QUALITY. Facts Su ortin Finding 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. Future proposed developments that involve grading and construction would contribute to an increase in pollution discharge. Individual development projects would be required to mitigate short-term construction impacts pursuant to the NPDES criteria and standards on a project-by-project basis. The NPDES is the permitting program for discharge of pollutants into surface waters of the United States under Section 402 of the CWA. The purpose of the NPDES permit is to ensure that the proposed Project area would eliminate or reduce construction-related sediments and pollutants during stormwater runoff. 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 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. 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 proposed 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 Storm Water Pollution Prevention Plan (SWPPP); Best Management Practices (BMPs) shall be implemented; and O~0AK4 99 } m JN 60-100574 86 March 2010 'ORIGINAL. CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K fi R 5 F I fi L D SCH No. 2009071068 evidence that proper clearances have been obtained through the State Water Resources Control Board (SWRCB), including coverage under the National Pollutant Discharge Elimination System (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 Sugportina Finding Proposed Project implementation may result in the improper placement of structures on unstable surfaces associated with existing abandoned oil wells located within the proposed Project boundaries. The abandoned oil well and dry holes 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 proposed Project implementation and operation are considered a potentially significant impact. The 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 below will reduce oil well abandonment impacts to less than significant levels. Mitigation Measures 5.14-3(a-e) of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.14-3a Implement Mitigation Measures 5.3-1 f and 5.3-1 g. 5.14-3b 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. 5.14-3c Abandoned oil wells shall be surveyed and accurately plotted on all future maps related to the proposed Project with a ten-foot no-build radius. A legible copy of a map showing final Project design shall be submitted to the DOGGR. 5.14-3d Prior to tract recordation, DOGGR shall be contacted to obtain information on the requirements for and approval to perform remedial plugging operations if O~~AK~9J' T JN 60-100574 87 March 2010 ORIGINAL CITY OF BAKERSFIELD nch dale Ranch ~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I e L D SCH No. 2009071068 any other abandoned or unrecorded wells are uncovered or damaged during excavation or grading. 5.14-3e Prior to tract recordation, the on-site abandoned oil well, KCLG # 1, 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 State 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 categories of Traffic and Circulation and Noise. TRAFFIC AND CIRCULATION Cumulative Traffic (2035 Conditions) 5.5-6 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. OQ~AKF9 T r a Y Fn a O JN 60-100574 88 March 2010 r)RIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 /Annexation No. 548 E A K E R S F I E L D SCH No. 2009071068 Facts Supportina Finding Year 2035 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. Projections of proposed Project-generated traffic, along with projections from the Kern COG model for use in impact analysis, accounts for cumulative impacts of the proposed Project and growth in background traffic based on reasonable demand driven growth rates. This model accounts for cumulative impacts of all proposed projects when performing impact analysis on the existing and proposed street network. Table 8 of the Traffic Impact Study (Appendix 15.4, TRAFFIC IMPACT STUDY) indicates the V/C of the future mitigated roadway segments. As indicated in Table 8, all of the study roadway segments are forecast to operate at an acceptable LOS under future with Project conditions with ultimate roadway configurations; however, the improvements needed for Westside Parkway east of Mohawk Street are beyond the TRIP plans and therefore, may not be completed. 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, with the exception of Westside Parkway, east of Mohawk Street, which requires improvements beyond the MBGP configurations and TRIP plans, thus resulting in a significant and unavoidable impact. Mitigation Measures 5.5-6(a-b) of the Final EIR reduce impacts; however impacts would remain significant and avoidable because the recommended improvements/mitigations for the roadway segment of Westside Parkway, east of Mohawk Street and the intersections at Stockdale Highway/Heath Road/Westside Parkway Terminus and Stockdale Highway/Buena Vista Road are beyond the current MBGP roadway configurations, the City of Bakersfield standards, and the TRIP plans. The measures are as follows: 5.5-6a 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 Tables 6 and 8 of the proposed Project's Traffic Impact Study (McIntosh and Associates, September 2009, [Appendix 15.4]) for approval. 5.5-6b For impacted intersections subject to fair-share improvements (refer to Table 6, from September 2009 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 5.5-6. NOISE Off-Site Mobile Source Impacts ~ gAKF9 O N, m r- JN 60-100574 89 March 2010<3 O ORIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F 1 E L D SCH No. 2009071068 5.6-2 PROJECT IMPLEMENTATION WOULD GENERATE ADDITIONAL VEHICULAR TRAVEL ON THE SURROUNDING ROADWAY NETWORK, THEREBY RESULTING IN PERMANENT NOISE LEVEL INCREASES. Facts Supporting Finding Future development within the proposed Project area would result in additional traffic on adjacent roadways, thereby increasing vehicular noise in the vicinity of existing and proposed land uses. Two traffic scenarios were modeled to demonstrate the proposed Project's net acoustical increase over future ambient (No Project) conditions for the Years 2020 and 2035. The FHWA Model was used for calculating future traffic noise levels using traffic information based on the Traffic Impact Study, prepared by McIntosh & Associates. The existing 6-foot-high sound walls that are located at the rear of many residential areas near the proposed Project were assumed to reduce traffic noise levels by approximately 5 dB. The noise levels were calculated at a distance representing typical setbacks from roadway centers (100 feet). All traffic data and assumptions used to model traffic noise exposure are shown in Appendix 15.5, ENVIRONMENTAL NOISE ASSESSMENT. Year 2020 Under the "2020 No Project" scenario, off-site noise levels would range from approximately 48.2 dBA to 70.3 dBA. The highest noise levels, under "2020 No Project" conditions, would occur along Truxtun Avenue between Coffee Road and Mohawk Street. Under the "2020 With Project" scenario, noise levels would range from approximately 49.8 dBA to 70.3 dBA. Similar to the "2020 No Project" scenario, the highest noise levels would occur along Truxtun Avenue between Coffee Road and Mohawk Street. The highest noise increase (1.9 dBA) would occur along Stockdale Highway between Nord Avenue and Westside Parkway; however, the 1.9 dBA increase would not result in exceedance of the 65 dBA CNEL City threshold under either "2020 No Project" or "2020 With Project" conditions. Therefore, a less than significant impact on noise levels along the local roadways as a result of the proposed Project in Year 2020 would occur. Year 2035 Under the "2035 No Project" scenario, off-site noise levels would range from approximately 56.4 dBA to 70.2 dBA. The highest noise levels under the "2035 No Project" conditions would occur along Truxtun Avenue between Coffee Road and Mohawk Street. Under the "2035 With Project" scenario, noise levels would range from approximately 56.2 dBA to 70.3 dBA. Similar to the "2035 No Project" scenario, the highest noise levels would occur along Truxtun Avenue between Coffee Road and Mohawk Street. The "2035 With Project" scenario would result in a potentially significant noise impact along Stockdale Highway between Nord Avenue and Westside Parkway. Traffic noise levels along this roadway segment are expected to increase by 2.0 dBA, from 63.9 to 65.9 dB CNEL with the introduction of the proposed Project. Therefore, under the "2035 With Project" conditions, the City threshold of 65 dBA CNEL would be exceeded. o`~ ~HKF9N M JN 60-100574 90 March 2010 O r)RIDINAI_ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 Three roadway segments would experience noise level increases between 1.4 and 3.5 dBA. Noise levels for these roadway segments would remain below the City threshold of 65 dBA; therefore, impacts are considered less than significant. No other significant noise impacts outside the proposed Project are expected based upon established thresholds of significance. Interior Noise Levels Interior noise levels at existing residences along roadways can be roughly estimated by assuming that typical construction will provide an outdoor-to-indoor noise level reduction (NLR) of at least 20 dB. Therefore, where exterior noise exposure is over 65 dB CNEL, interior noise exposure potentially could be over 45 dB CNEL, which then exceeds the City's interior noise compatibility standard. Future development of residential uses along Stockdale Highway, north of the proposed Project, would be subject to Section 16.28.170.1 of the Bakersfield Municipal Code, which requires residential lots having side yards adjacent to collector or arterial streets to install a six-foot masonry wall with landscaping. Implementation of masonry walls would reduce noise levels below the City standard of 65 dBA. In addition, the 20 dB reduction between exterior and interior noise levels may be achieved by residential construction methods and materials that are typical for the Bakersfield area, provided air conditioning or mechanical ventilation systems are included so that windows and doors may remain closed for noise reduction purposes. If upper floor residential receivers are proposed for location with in the 65dB CNEL contours, a detailed acoustical analysis would be required to demonstrate how the proposed construction would achieve compliance with the City's 45 dB CNEL interior noise level standard. Mitigation Measure 5.6-2 of the Final EIR reduces impacts; however impacts would remain significant and avoidable because the timing and implementation of the mitigation measure is uncertain. Therefore, it may not be feasible to achieve successful noise mitigation for all existing noise-sensitive uses that could be impacted by the proposed Project and long-term vehicular-related noise would exceed the City's threshold of significance, resulting in a significant and unavoidable impact to existing homes located along Stockdale Highway north of the proposed Project. The measure is as follows: 5.6-2 After the precise grading and plot plans have been developed and prior to issuance of building permits, a site-specific acoustical analysis shall be conducted by a qualified acoustical engineer to determine if existing homes located along the north side of Stockdale Highway (between Nord Avenue and South Claudia Autumn Drive) are located within the 65 dB CNEL contour for "2035 With Project" conditions (247 feet from the center of the roadway), and if such homes are not protected by an effective sound wall. Construction or replacement of sound walls shall be implemented to achieve an exterior noise exposure of 65 dB CNEL or less at the homes. The site-specific acoustical analysis shall be the responsibility of the Project Developer, and shall include measures to maintain the 20 dB reduction between exterior and interior noise levels. If the homes located north of Stockdale Highway (between Nord Avenue and South Claudia Autumn Drive) are within the O~ gAKF9cn y -n rn 0 C> ORIGINAL JN 60-100574 91 March 2010 CITY OF BAKERSFIELD • Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K H R S F I 8 L D SCH No. 2009071068 65 dB contour and exterior noise cannot be reduced to 65 dB or below by use of a sound wall, then interior noise reduction measures shall be used. Interior noise reduction can be achieved by providing windows facing Stockdale Highway with assemblies having a minimum laboratory-tested sound transmission class (STC) rating of 35. On-Site Mobile Source Impacts 5.6-3 PROJECT IMPLEMENTATION WOULD GENERATE ADDITIONAL VEHICULAR TRAVEL ON THE ROADWAY NETWORK WITHIN THE PROPOSED PROJECT BOUNDARIES, THEREBY RESULTING IN PERMANENT NOISE LEVEL INCREASES. Facts Supporting Finding Roadways that could potentially produce significant noise impacts within the proposed Project site include Stockdale Highway, which borders the proposed Project site to the north, and the proposed internal roads within the proposed Project site. Proposed noise- sensitive land uses adjacent to Stockdale Highway and internal roads include low-, medium- and high-density residential uses. Additionally, the proposed Westside Parkway and West Beltway could affect the proposed Project site in the future. Traffic noise impacts associated with the planned roadways (Westside Parkway and West Beltway) will be addressed in environmental documents prepared by the government agencies responsible for those roadway projects. Using the FHWA Model and future traffic volumes previously discussed above, the "2020 With Project" and "2035 With Project" traffic noise levels were calculated within the proposed Project site. Based upon the proposed land use designations, residential land uses adjacent to Stockdale Highway and Wegis Avenue would be exposed to traffic noise levels in excess of 65 dB CNEL for future traffic conditions. Mitigation of proposed Project-related traffic noise exposure along roadways within the Project site may be accomplished by requiring that new residential construction with the proposed Project comply with the City's 65 dBA CNEL exterior and 45 dBA CNEL interior noise standards. This would require the construction of sound walls or increasing residential building setbacks so that noise-sensitive land uses are not located within the 65 dB CNEL contours. Interior noise levels of 45 dB would be achieved by using appropriate construction materials and methods typical in the Bakersfield area. However, mitigation measures deemed feasible or reasonable for arterial roadways may not be feasible or reasonable for collector roadways such as Wegis Avenue; therefore, even with the implementation of mitigation measures, impacts would be significant and unavoidable. Traffic noise levels from other roadways within the proposed Project site are calculated to be less than 65 dB CNEL at typical residential setbacks; therefore, traffic noise impacts from other roadways within the Project site are considered less than significant. Mitigation Measures 5.6-3(a-b) of the Final EIR reduce impacts; however impacts would remain significant and unavoidable. Although incorporation of recommended noise attenuating design features and mitigation measures would reduce long-term vehicular- related noise for future on-site residences, the timing and implementation of the above- referenced mitigation measures is uncertain. Therefore, it may not be feasible to o`~ 0AKF9N Fn (51 JN 60-100574 92 March 2010 ORIGINAL CITY OF BAKERSFIELD nch dale Ranch ~ Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F 1 8 L D SCH No. 2009071068 achieve successful noise mitigation that would not exceed the City's 65 dB CNEL exterior or 45 dB CNEL interior noise compatibility standard for future on-site residences. Impacts are significant and unavoidable. The measures are as follows: 5.6-3a After the precise grading and plot plans have been developed and prior to the issuance of building permits, a site-specific acoustical analysis shall be conducted by a qualified acoustical engineer to determine the final height and location of any sound walls that would be required along Stockdale Highway. It is estimated that eight-foot high sound walls would be required along Stockdale Highway, to reduce traffic noise levels to below the City's 65 dB CNEL standard. The final design of sound walls will require a detailed acoustical analysis that takes into consideration site-specific factors including building setbacks and the relative elevations of the traffic noise source, sound wall, and receiver. The acoustical analysis shall be the responsibility of the Project Developer. 5.6-3b After the precise grading and plot plans have been developed and prior to the issuance of building permits, a site-specific acoustical analysis shall be conducted by a qualified acoustical engineer to determine the final height and location of any sound walls that would be required along Wegis Avenue. Should sound walls not be feasible or reasonable for Wegis Avenue (a collector roadway), then appropriate interior noise reduction measures shall be used to achieve compliance with the City's 45 dB CNEL interior noise level standard. Such measures may include providing air conditions or mechanical ventilation systems so that windows and doors may remain closed for noise reduction purposes. Noise From Existing Kern County Water Agency Facilities 5.6-5 THE PROPOSED PROJECT MAY BE IMPACTED BY NOISE FROM THE PROXIMITY OF EXISTING KERN COUNTY WATER AGENCY FACILITIES. Facts Supportina Finding The Kern County Water Agency (KCWA) owns and operates the Pioneer Groundwater Recharge and Recovery Project (Pioneer Project). A portion of the Pioneer Project recharge facilities are located immediately south of the proposed Project area (on approximately 240 acres in the southern half of Section 4, Township 30 South, Range 26 East, Mount Diablo Base and Meridian). In addition, the Pioneer Project recovery facilities are located within and near the proposed Project area. During recovery operations, these facilities may be operated 24 hours a day for significant periods of time (i.e., multiple days). These operations can create noise that may not be consistent with the proposed residential uses. In addition, the existing KCWA pumping station along the Cross Valley Canal has the potential to generate significant noise levels if new noise-sensitive land uses are located in close proximity to the pumping station. Noise levels generated by the KCWA pumping station have the potential to exceed the City's noise standards for stationary noise sources. Assuming the pumping equipment would operate continuously, including during the nighttime hours, the most restrictive standard that pertains to the pumping " k m JN 60-100574 93 March 2010 v b ORIGINA,I_ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 station is a L50 of 50 dBA. The theoretical noise level generated by the simultaneous operation of all pumps is approximately 70 dBA at the southern boundary of the proposed Project site. Compliance with the City's standard would therefore require up to 20 dB of noise mitigation. Mitigation of noise from the pumping station could be achieved by construction of a sound wall, increasing noise-sensitive building setbacks from the station, or by a combination of sound walls and setbacks. Based on the information known at the time the Environmental Noise Assessment was prepared, mitigation of noise from the simultaneous operation of all pumping equipment during the nighttime hours would be difficult to achieve with a sound wall of practical height (12 feet high maximum) if homes are to be located adjacent to the pumping station; therefore, a significant and unavoidable impact would result. Mitigation Measure 5.6-5(a-b) of the Final EIR reduce impacts; however, impacts would remain significant and unavoidable. Should homes be located adjacent to the KCWA pumping station, noise mitigation from the simultaneous operation of all pumping equipment during the nighttime hours would be difficult to achieve, even with a sound wall less than or equal to 12 feet in height. The measures are as follows: 5.6-5a In order to protect KCWA's full use and operations of their existing facilities, as part of the tentative tract process, future residents and tenants adjacent to the Pioneer Project and Cross Valley Canal shall be notified via recorded deed notices or real estate disclosure statements, that the following nuisances may occur during facility operating and maintenance: noise, aesthetic impairments including impairment of privacy, blowing dust and/or smoke. In an attempt to reduce complaints and unwarranted investigations undertaken by KCWA, and to assist in the long-term protection of the adjacent water facilities, the following disclosure shall be given via recorded deed notices or real estate disclosure statements as part of any transfer of properties within the proposed Project site: Your real property is adjacent to or in the vicinity of property used for water delivery and/or groundwater recharge and recovery operations. You may be subject to inconveniences, annoyances, or discomforts arising from and associated with such operations on a 24-hour basis. Said discomforts may include, but shall not be limited to noise, aesthetic impairments including impairment of privacy, blowing dust and/or smoke. 5.6-5b Prior to the issuance of building permits, if noise-sensitive uses are proposed for construction adjacent to the KCWA pumping station, a detailed acoustical analysis shall be performed that quantifies the noise levels produced by the pumping station (by actual noise measurements) and takes into consideration site-specific factors including building setbacks and the relative elevations of the equipment noise source, sound wall and receiver. The acoustical analysis shall be the responsibility of the Project Developer. IX. FINDING REGARDING ALTERNATIVES O~ ~AK~9cP t- rr JN 60-100574 94 March 2010 r__ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 H A K H R S F I E L D SCH No. 2009071068 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 State 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 general plan amendment (GPA), zone change (ZC), Metropolitan Bakersfield General Plan (MBGP) circulation element amendment, Western Rosedale Specific Trails Plan Amendment, subsequent development would not be implemented, and annexation into the City of Bakersfield would not occur. Under this scenario, the MBGP land use designations on the proposed Project site would remain ER (Estate Residential), UER (Urban Estate Residential), SR (Suburban Residential), and GC (General Commercial). Under this Alternative, the zoning would remain A (Exclusive Agriculture). This Alternative assumes that existing land uses on the proposed Project site would remain unchanged, and, as such, would remain under agricultural cultivation, with the existing maintenance structures remaining on-site. Because the proposed Project site would remain unchanged, few or no environmental impacts would occur. This Alternative serves as the baseline against which to evaluate the effects of the proposed Project and other Project Alternatives. The "No Project/No Development" Alternative does not meet the proposed Project objectives. This Alternative would not create a high quality, master-planned community, providing diversified housing stock and commercial services to the growing Metropolitan Bakersfield area, and would not provide jobs and economic opportunities to satisfy the needs of residential and commercial development identified in the MBGP. It would not direct growth within the area and would not create a balanced community. This Alternative is considered environmentally superior to the proposed Project because it would avoid all or most of the proposed 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 MBGP relative to land use and the orderly transition of land through the development review process. "No Project/Development in Accordance with Existing Land Use and Zoning Designations" Alternative Under the "No Project/Development in Accordance with Existing Land Use and Zoning Designations" Alternative, the proposed Project site would be developed to the maximum intensity allowed under the existing MBGP land use designations. Implementation of this Alternative would consist of development on the approximate 564.88-acre proposed Project site under the current land use designations of ER (Estate Residential), UER (Urban Estate Residential), SR (Suburban Residential), and GC (General o`` 6AKF9N 1RIC#lf~~ JN 60-100574 95 March 2010 CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 Commercial). The ER designation allows for the development of one dwelling unit per acre; the UER designation allows for the development of two dwelling units per acre; the SR designation allows the development at a density of less than or equal to four dwelling units per acre; and 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 with development allowed at 1.0 floor area ratio (FAR). In addition to the existing MBGP designations, existing zoning would remain A (Exclusive Agriculture). Under this Alternative, the existing MBGP land used designations and zoning would allow for approximately 725 dwelling units and approximately 48 acres of general commercial. Although implementation of this Alternative would be consistent with the existing MBGP land use designations and County zoning designation for the proposed Project site, the following proposed Project objectives would not be satisfied: • Create a high quality, master-planned community. • Provide a diversified housing stock and commercial services for the rapidly growing population of Bakersfield. • Create a community with an integrated system of open space, parks, trail linkages, recreation areas, and community facilities. • Create a community where emphasis is placed on open space, architectural diversity, pedestrian and mixed use opportunities, and distinct neighborhoods developed in a coordinated, master-planned manner that meets the objectives of higher density required by AB 32 and SIB 375. This Alternative would reduce impacts compared to the proposed Project in the categories of land use and relevant planning; aesthetics, light, and glare; traffic and circulation; noise; biological resources; public services and utilities; hydrology and water quality; and urban decay. This Alternative would have equivalent impacts in the categories of agriculture; public health and safety; air quality; cultural resources; geologic and seismic hazards, and mineral resources. This Alternative was rejected because it does not fulfill all the objectives of the proposed Project. "Reduced Density" Alternative Under the "Reduced Density" Alternative, the proposed Project site would be developed under ER (Estate Residential - minimum 1 dwelling unit/net acre), UER (Urban Estate Residential - less than or equal to 2 dwelling units/net acre), and SR (Suburban Residential - less than or equal to 4 dwelling units/net acre) land use designations, to achieve a 70 percent reduction in dwelling units. This results in approximately 1,075 dwelling units under the "Reduced Density" Alternative. Under the "Reduced Density" Alternative, the 20 acres of OS (Open Space) would continue to be included; however, the 69.01 acres of GC and OC, and the 8.64 acres of R-MP/DI would be omitted. The "Reduced Density" Alternative would not satisfy the following proposed Project objectives: ~ ~AKF9 } m O JN 60-100574 96 March 2010 nRIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 • Create a high quality, master-planned community. • Provide a diversified housing stock and commercial services for the rapidly growing population of Bakersfield. • Provide jobs and economic opportunities. • Create a community with an integrated system of open space, parks, trail linkages, recreation areas, and community facilities. • Create a community where emphasis is placed on open space, architectural diversity, pedestrian and mixed use opportunities, and distinct neighborhoods developed in a coordinated, master-planned manner that meets the objectives of higher density required by AB 32 and SB 375. This Alternative would reduce impacts compared to the proposed Project in the categories of land use and relevant planning; aesthetics, light, and glare; traffic and circulation; noise; biological resources; public services and utilities; hydrology and water quality; and urban decay. This Alternative would have equivalent impacts in the categories of agriculture; public health and safety; air quality; cultural resources; geologic and seismic hazards, and mineral resources. This Alternative was rejected because it does not fulfill all the objectives of the proposed Project. This Alternative would reduce impacts compared to the proposed Project in the categories of land use and relevant planning; aesthetics, light, and glare; traffic and circulation; noise; public services and utilities; hydrology and water quality; and urban decay. The "Reduced Density" Alternative would have equivalent impacts in the categories of agriculture; public health and safety; air quality; biological resources; cultural resources; geologic and seismic hazards; and mineral resources. Although fewer people would be residing in the proposed Project area under this Alternative, this development scenario does not afford the benefits of GC and OC land uses which would serve to reduce total vehicle miles traveled and would serve to provide jobs and economic opportunities. In addition, this Alternative would not satisfy five of the six proposed Project objectives. "Increased Density" Alternative Under the "Increased Density" Alternative, the proposed Project site would include 69.01 acres of GC and OC, and 20 acres of OS. The remaining 475.87 acres of the proposed Project area would be developed under the HMR (High Medium Density Residential - less than or equal to 17.42 dwelling units/net acre) and HR (High Density Residential - less than or equal to 29 dwelling units/net acre) land use designations. Development in accordance with these land use designations would result in the construction range of 8,290 to 13,800 dwelling units. During the Notice of Preparation period for this EIR, the Sierra Club suggested that the EIR explore a "Transit-Oriented" Alternative to the proposed Project. The "Transit-Oriented" Alternative is 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. In terms of O~ i;~AKk~ JN 60-100574 97 March 2010 0 ORIGINA►~ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I fi L D SCH No. 2009071068 transit-oriented development, the MBGP and existing approved development provide retail uses within and near the proposed Project site. In addition, the proposed Project site is located near one of the MBGP identified new mixed use centers. Transit-oriented development is not a feasible reality at this time, although the following "Increased Density" Alternative, as does the proposed Project, utilizes general commercial use and access along Stockdale Highway. In addition, the "Increased Density" Alternative would also provide the opportunity for additional transit-related facilities or increased transit rider-ship as compared to the proposed Project. The Sierra Club also suggested that the EIR explore a "Low Carbon" Alternative to the proposed Project. The "Low Carbon" Alternative is an alternative in which design is focused on reducing carbon and other greenhouse gas (GHG) emissions. According to the Cost-Effective GHG Reduction through Smart Growth and Improved Transportation Choices, prepared by the Center for Clean Air Policy (CCAP [June 2009]), nearly one- third of GHG emissions are generated through transportation uses. In addition, the CCAP acknowledges that increased density development in conjunction with comprehensive application of best practices provides opportunities to reduce the total vehicle miles traveled (VMT) by as much as 10 percent, which results in a reduction of GHG emissions. However, this Alternative could result in an increase in dwelling units of between 200 and 385 percent, and thus a proportionate increase in population and ADT. Therefore, the GHG emissions would continue to be increased as compared to the proposed Project. In addition, it is acknowledged that emission reduction design features would be included within the proposed Project, and these same design features would be included within all Alternatives; however, design specifics are not currently available. This Alternative would not reduce any impacts associated with the proposed Project; however, it would meet all of the proposed Project objectives. It would have equivalent impacts in the categories of biological resources, cultural resources, geologic and seismic hazards, and urban decay. The "Increased Density" Alternative would, in fact, result in similar significant and unavoidable impacts or increase the level of impacts to the remaining environmental categories of land use and relevant planning; agriculture; public health and safety; aesthetics, light, and glare; traffic and circulation; noise; air quality; public services and utilities; and hydrology and water quality. Therefore, the "Increased 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 15126.6(e)(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 Land Use and Zoning Designations" Alternative would allow buildout of the proposed Project area under the o~gAK4 y d JN 60-100574 98 March 2010 JORIGNAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I e L D SCH No. 2009071068 existing MBGP and zoning designations. This Alternative would have equivalent or lesser environmental impacts when compared to the proposed Project in the categories of land use and relevant planning; aesthetics, light, and glare; traffic and circulation; noise; biological resources; public services and utilities; hydrology and water quality; and urban decay. Environmental impacts would remain equivalent to the proposed Project in the categories of agriculture, public health and safety, air quality, cultural resources, geologic and seismic hazards, and mineral resources. This Alternative would allow for a reduced population within the proposed Project as well as some commercial land uses, which could serve to provide jobs and economic opportunities. However, the "No Project/Development in Accordance with Existing Land Use and Zoning Designations" Alternative would not allow for a diversified housing stock and would reduce opportunities for the master-planned community with higher densities required by AB 32 and SB 375. This Alternative does not meet four of the six proposed Project Objectives. 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 and relevant planning; aesthetics, light, and glare; public services and utilities; hydrology and water quality; and urban decay. Environmental impacts would remain equivalent to the proposed Project in the categories of agriculture, public health and safety, air quality, biological resources, cultural resources, geologic and seismic hazards, and mineral resources. Although fewer people would be residing in the proposed Project area under this Alternative, this development scenario does not afford the benefits of commercial land uses which would serve to reduce total vehicle miles traveled and would serve to provide jobs and economic opportunities. In addition, the "Reduced Density" Alternative would not allow for a diversified housing stock and would reduce opportunities for the master-planned community with higher densities required by AB 32 and SB 375. The "Reduced Density" Alternative would not meet five of the six proposed Project Objectives. Therefore, this Alternative has been rejected as an environmentally superior alternative. In comparison, the "Increased Density" Alternative would meet the majority of the proposed Project's objectives; however, it would result in equivalent or increased environmental impacts in all environmental categories, when 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 proposed Project and avoids the potentially significant impacts of the proposed Project. mo:/S:GPA/GPA 2nd 2010/09-0263 Stockdale Ranch/Res_Ord/Exhibit B Statement of Facts and Findings O~ 0AKF9~ M JN 60-100574 99 of 99 March 2010 '~ORIMNAI C:) Exhibit C Statement of Overriding Considerations o`` 0AKF9~ r F ORIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 EXHIBIT C STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to § 15093 of the State 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 State 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 proposed Project, and having reviewed and considered the information contained in the public record, and having balanced the benefits of the proposed 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 proposed Project impacts to less than significant, and furthermore, that alternatives to the proposed Project are infeasible because they have greater environmental impacts, do not provide the benefits of the proposed Project, or are otherwise socially or economically infeasible as fully described in the Project findings. The environmental analysis undertaken for the Stockdale Ranch Project indicated the proposed Project would result in contributions to traffic and circulation (cumulative traffic - 2035 conditions), and noise (on- and off-site mobile source impacts, and noise from existing Kern County Water Agency facilities) that would represent a significant adverse environmental effect on a Project basis. The City of Bakersfield, as Lead Agency and decision-maker for the proposed Project, has reviewed and considered the information contained in both the Draft and Final EIRs prepared for Stockdale Ranch Project and the public record. The proposed Project benefits include the following: • Create a high quality, master planned community. • Provide a diversified housing stock and commercial services for the rapidly growing population of Bakersfield. JN 60-100574 1 of 2 March 2010 v r ORIGINAI CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 • Provide jobs and economic opportunities. • Direct growth in, and provide adequate levels of service to, the proposed Project area while addressing environmental impacts. • Create a community with an integrated system of open space, parks, trail linkages, recreation areas, and community facilities. • Create a community where emphasis is placed on open space, architectural diversity, pedestrian and mixed use opportunities, and distinct neighborhoods developed in a coordinated, mater-planned manner that meets the objectives of higher density required by Assembly Bill (AB) 32 and Senate Bill (SB) 375. The Lead Agency makes the following finding, pursuant to §15093 of the State CEQA Guidelines, with regard to the Statement of Overriding Considerations for the Stockdale Ranch Project: California Administrative Code, Title 14, Section 15093(a) states: "If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable'." Based on the above discussion and on the evidence presented, the City of Bakersfield therefore finds that the benefits of the proposed Project outweigh the adverse impacts to traffic and circulation (cumulative traffic - 2035 conditions), and noise (on- and off-site mobile source impacts, and noise from existing Kern County Water Agency facilities) associated with the Stockdale Ranch Project, which cannot be eliminated or reduced to a level less than significant. mo:S:/GPA/09-0263/Res-Ord /Exhibit C _ Statement of Overriding Considerations o`` gAKF9N JN 60-100574 2 of 2 March 2010t: ')RIGINAP Exhibit D Mitigation Monitoring and Reporting Program s o~~IKK6;9 r)RIGINAL CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E 4 D SCH No. 2009071068 EXHIBIT D 13.0 MITIGATION MONITORING PROGRAM 13.1 MITIGATION AND MONITORING PROGRAM CONTENTS This document is the Mitigation Monitoring Program (MMP) for the proposed Stockdale Ranch Project (General Plan Amendment and Zone Change [GPA/ZC] 09-0263, Annexation No. 548) (State Clearinghouse No. 2009071068), located within the western portion of the Metropolitan Bakersfield General Plan (MBGP), within unincorporated Kern County, California. 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 §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 Stockdale 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 State 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. O~OAK~'Fv' m r` FINAL EIR • MARCH 2010 13-1 of 34 Mitigation Monitoring Progra nRIGINAL~ CITY OF BAKERSFIELD Stockdale Ranch GPA/ZC 09-0263 / Annexation No. 548 B A K E R S F I E L D SCH No. 2009071068 The intent of the MMP is to ensure the effective implementation and enforcement of adopted mitigation measures and permit conditions. The MMP will provide for monitoring of construction activities as necessary, on-site identification and resolution of environmental problems, and proper reporting to City staff. 13.3 MITIGATION MONITORING TABLE The Mitigation Monitoring Table identifies the mitigation measures proposed for the Stockdale Ranch Project. These mitigation measures are reproduced from the EIR and conditions of approval for the Project. The table has the following columns: Mitigation Measure/Summary of Measure: Lists the mitigation measures identified within the EIR for a specific impact, along with the number for each measure enumerated in the EIR. Implementation Phase: Identifies at what point in time, review process, or phase the mitigation measures will be completed. Monitoring Phase: Identifies at what point in time, review process, or phase the mitigation measures will be monitored. Enforcing Agency: References the City department or any other public agency with which coordination is required to satisfy the identified mitigation measure. Verification of Compliance: 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 to 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. o~~PKF9`n-~ m FINAL EIR • MARCH 2010 13-2 of 34 Mitigation Monitoring Progral~) p ORIGINAL = Go W U O d Y U. v - u o c 19 LU a,Z0. o E 0 ~ c O d` 00 m~ wN E Cl Y p O C LL. 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