HomeMy WebLinkAboutORD NO 46234623.,,±
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPAL
CODE AND OFFICIAL ZONING MAPS FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING), R-2 (LIMITED MULTIPLE
FAMILY DWELLING), R-3 (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 ON APPROXIMATELY 564+ ACRES, 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. (NO. 09-0263 STOCKDALE RANCH)
WHEREAS, in accordance with the procedures set forth in the provisions of Title 17
of the Municipal Code of the City of Bakersfield, the Planning Commission held a public
hearing on a request to change the zoning of that certain property generally located
south of Stockdale Highway, north of the Cross Valley Canal, west of the City limits at
Claudia Autumn Drive, and east fo the future extension of Nord Avenue; 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, by Resolution No. 07-10 on April 1, 2010, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 09-0263 as delineated on attached
Exhibit B by this Council and this Council has fully considered the recommendations
made by the Planning Commission as set forth in that Resolution and restated herein;
and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact regarding the environmental impacts of the
proposal and zoning of the subject property, and the Council has considered said
findings as restated herein and all appear to be true and correct; and
WHEREAS, for the above-described project, an Initial Study was conducted and
it was determined that the proposed project would have a significant effect on the
environment and, therefore, an Environmental Impact Report (EIR) for the project was
prepared in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council has considered and concurs with the following
findings made by the Planning Commission as set forth in Resolution No. 07-10, adopted
on April 1, 2010:
All required notices have been given.
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2. The provisions of the California Environmental Quality Act have been
followed.
3. Based on the initial study and comments received, staff has determined
that the proposed project could have a significant effect on the
environment. An Environmental Impact Report was prepared for this
project in accordance with CEQA.
4. The proposed project, as shown in Exhibit B, is consistent with the
Metropolitan Bakersfield General Plan.
5. The public necessity, general welfare and good zoning practice justify the
recommended zone change.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
1. The above recitals and findings incorporated herein by reference
are true and correct and constitute the Findings of the City Council
in this matter.
2. The laws and regulations relating to the preparation and adoption
of EIR's 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.
3. The Final Environmental Impact Report for Zone Change No. 09-
0263 has been certified.
4. The recommended zone change is consistent with the
Metropolitan Bakersfield General Plan, subject to prior approval of
General Plan Amendment No. 09-0263.
5. The infrastructure exists or can easily be provided to
accommodate the types and intensities of the proposed
development.
6. The report of the Planning Commission, including maps and all
reports and papers relevant thereto, transmitted by the Secretary
of the Planning Commission to the City Council, is hereby received,
accepted and approved.
7. The proposed project is consistent with surrounding uses.
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8. Section 17.06.020 (Zoning Map) of the Municipal Code of the City
of Bakersfield be and the same is hereby amended by changing
the zone of that certain property within the City of Bakersfield, the
boundaries of which property is shown on Exhibit B attached
hereto and made a part hereof, and are more specifically
described in attached Exhibit F, "Zone Change Legal Description."
9. Such zone change is hereby made, subject to the Mitigation
Monitoring and Reporting Program adopted in the Final
Environmental Impact Report as shown in Exhibit E and subject to
the Mitigation Measures/Conditions of Approval for the project as
shown in Exhibit A.
10. Attached Exhibit C containing the Statement of Facts, Findings,
and Mitigation Measures are appropriate and incorporated into
the project.
11. Attached Exhibit D containing the Statement of Overriding
Considerations related to significant unavoidable cumulative taffic
and ciculation and noise impacts is appropriate and incorporated
into the project.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date
of its passage.
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JORIGINAL
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on August 11, 2010
by the following vote:
A2ES' COUNCILMEMBER CARSON,, _ WEIR. COUCH HANSON SULL AN RI NER
COUNCILMEMBER Y. OVN,
ABSTAIN: COUNCILMEMBER 1'31n9„/
(OP COUNCILMEMBER- 6pn 0,iY
ROBERTA GAFFORD, C
CITY CLERK and Ex Offi i Clerk of the
Council of the City of akersfield
APPROVED AUG 11 2010
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GEN RO
City Attorn
By:
EXHIBIT A Mitigation Measures/Conditions of Approval
B Zone Change Location Map
C Statement of Facts, Findings, and Mitigation Measures
D Statement of Overriding Considerations
E Mitigation Monitoring and Reporting Program
F Zone Change Legal Description
JE:JS - S:\GPAs\GPA 2nd 2010\09-0263 (New Stockdale Ranch EIR)\Reso_Ord\CC\CC ZC Ord l .doc
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 13th day of August, 2010 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4623, passed by the
Bakersfield City Council at a meeting held on the 11th_day of August, 2010 and entitled:
AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPAL CODE AND
OFFICIAL ZONING MAPS FROM A (AGRICULTURE) TO R-1 (ONE
FAMILY DWELLING), R-2 (LIMITED MULTIPLE FAMILY DWELLING), R-
3 (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 ON APPROXIMATELY 564+\- ACRESM
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. (NO 09-0263-STOCKDALE RANCH)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: /)AIM I
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ORIGINAL
EXHIBIT A
Mitigation Measures/Conditions of Approval
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ORIGINAL
EXHIBIT A
Mitigation Measures/Conditions of Approval
General Plan Amendment/Zone Change No. 09-0263
MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT:
Aesthetics
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. Mitigation
for potentially significant aesthetics (light and glare) impacts.
2. 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. Mitigation for potentially significant
aesthetics (light and glare) impacts.
3. With submittal of a site 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. Mitigation for potentially significant aesthetics (light
and glare) impacts.
4. 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 Metropolitan Bakersfield General Plan and Bakersfield
Municipal Code. This should follow City requirements per Chapter 17.61 of the
Zoning Code. Mitigation for potentially significant aesthetics (light and glare)
impacts.
5. 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. Mitigation for potentially
significant aesthetics (light and glare) impacts.
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ORIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Agricultural Resources
6. 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 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.
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OPIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
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 some or equivalent crop scan be
produced on the mitigation land. Mitigation for potentially significant
agricultural impacts.
7. 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. Mitigation for potentially
significant agricultural impacts.
Air Quality
8. 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 PM10 impacts to zero. Mitigation for potentially
significant air quality impacts.
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
9. 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. Mitigation for potentially
significant air quality impacts.
10. 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.-Mitigation for potentially significant air quality
impacts.
Biological Resources
11. 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. Mitigation for potentially significant biological impacts.
12. 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.
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ORIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
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. Mitigation for
potentially significant biological impacts.
13. 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.
Mitigation for potentially significant biological impacts.
14. 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. Mitigation for
potentially significant biological impacts.
15. 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
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
wildlife become entrapped or buried in pipes. Mitigation for potentially
significant biological impacts.
16. 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 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
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ORIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
qualifying sensitive and nesting bird habitat land within Kern County. Mitigation
for potentially significant biological impacts.
17. 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. Mitigation for
potentially significant biological impacts.
18. 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 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 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. Mitigation for potentially
significant biological impacts.
19. The Project Applicant shall conduct preconstruction 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
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
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.
Mitigation for potentially significant biological impacts.
• If owls must be moved away from the disturbance area, passive relocation
techniques as described in the Staff Report on Burrowing Owl Mitigation
should be used rather than trapping. At least one or more weeks will be
necessary to accomplish this and allow the owls to acclimate to alternative
burrows. Mitigation for potentially significant biological impacts.
20. 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. Mitigation for potentially
significant biological impacts.
21. 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. Mitigation for potentially significant biological impacts.
22. 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. Mitigation for potentially significant biological impacts.
Cultural Resources
23. 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
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approva
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. Mitigation for
potentially significant cultural impacts.
24. 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. Mitigation for potentially significant
cultural impacts.
25. 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. Mitigation for potentially
significant cultural impacts.
Geologic and Seismic Hazards
26. 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. Mitigation
for potentially significant Geologic and Seismic Hazards.
27. 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. Mitigation for potentially significant Geologic and Seismic Hazards.
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Hydrology and Water Quality
28. 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 storm drain pipe size diameter shall be specified by the
City Engineer; and
• Storm drain flow velocity limitations shall be specified by the City Engineer.
29. 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. Mitigation for potentially significant hydrology
impacts.
30. Prior to grading plan approval, the Project Contactors shall incorporate storm
water pollution control measures into a Storm Water Pollution Prevention Plan
(SWPPP); Best Management Practices (BMPs) shall be implemented; and
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 Storm water
Permit for Construction Activities. Mitigation for potentially significant hydrology
impacts.
31. 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. Mitigation for potentially significant hydrology impacts.
Page 10 of 26
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ORIGINAL
v o
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Mineral Resources
32. 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. Mitigation for potentially significant mineral resource
impacts.
33. 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. Mitigation
for potentially significant mineral resource impacts.
34. Prior to tract recordation, DOGGR shall be contacted to obtain information on
the requirements for and approval to perform remedial plugging operations if
any other abandoned or unrecorded wells are uncovered or damaged during
excavation or grading. Mitigation for potentially significant mineral resource
impacts.
35. 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. Mitigation for
potentially significant mineral resource impacts.
Noise
36. 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. Mitigation for potentially significant noise impacts.
Page 11 of 26
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ORIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approva
37. 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. Mitigation for potentially significant noise impacts.
38. 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. Mitigation for potentially significant noise impacts.
39. 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 far away as practical from noise sensitive receptors during
construction activities. Mitigation for potentially significant noise impacts.
40. At the earliest of the following, (i) January 1, 2025, or (ii) at such time as Project
build-out results in Project trip generation equal to 2,145 AM peak hour trips or
3,020 PM peak hour trips: 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 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. Mitigation for potentially significant noise impacts.
41. 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
Page 12 of 26 o~$AK4
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ORIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
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. Mitigation
for potentially significant noise impacts.
42. 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 within the Project site along
Wegis Avenue. Should sound walls not be feasible or reasonable for Wegis
Avenue (a collector roadway) within the Project site, then appropriate interior
noise reduction measures shall be used for impacted receptors within the Project
site along Wegis Avenue 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. Mitigation for potentially significant noise impacts.
43. As a condition of approval, when sites 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 (refer to
Table 5.6-2, in EIR). Mitigation for potentially significant noise impacts.
44. In order to protect Kern County Water Agency's (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:
Page 13 of 26
o~gPKF9
,)RIGINAL
v o
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
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. Mitigation for potentially significant noise
impacts.
45. 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. Mitigation for potentially
significant noise impacts.
Public Health and Safety
46. 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. Mitigation for potentially significant public health and safety impacts.
Page 14 of 26 o~gA►cF9~
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')RIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
47. 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. Mitigation for potentially significant public health and safety impacts.
48. 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 5.3-1a. Mitigation for
potentially significant public health and safety impacts.
49. 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. Mitigation for potentially significant
public health and safety impacts.
50. 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;
• On-site treatment; or
• Other measures as appropriate.
51. Prior to recordation of a Final Map, Parcel Map Waiver, or Lot Line Adjustment,
whichever occurs first, the downhole details of abandoned wells shall be
reviewed by Division of Oil, Gas and Geothermal Resource (DOGGR) engineers.
Page 15 of 26
PKF9`~-n
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ORIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation /Conditions of Approval
Written verification from the s DOGGR shall be provided to indicate that the wells
have been properly abandoned or reabandoned, if necessary pursuant to
current DOGGR regulations and requirements. Mitigation for potentially
significant public health and safety impacts.
52. 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. Mitigation for
potentially significant public health and safety impacts.
• 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. Mitigation for potentially
significant public health and safety impacts.
• 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. Mitigation for potentially significant public health and
safety impacts.
• 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.
Mitigation for potentially significant public health and safety impacts.
53. 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
Page 16 of 26 '6AK'9N
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nR!GiNAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Health Services Department standards. Mitigation for potentially significant
public health and safety impacts.
54. 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.
Mitigation for potentially significant public health and safety impacts.
55. 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. Mitigation
for potentially significant public health and safety impacts.
56. 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;
• Secure the areas as directed by the Project engineer; and
• Notify the implementing agency's hazardous waste/materials coordinator.
57. 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
Page 17 of 26
o`~ 0AKF9~
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ORIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
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. Mitigation for potentially
significant public health and safety impacts.
58. 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;
Mitigation for potentially significant public health and safety impacts.
• No structure may be built within 40 feet of a hazardous liquids pipeline
bearing refined product, with 48 inches or more of cover; Mitigation for
potentially significant public health and safety impacts.
• 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; Mitigation
for potentially significant public health and safety impacts.
• 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. Mitigation for potentially significant public health and safety
impacts.
59. 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. Mitigation for
potentially significant public health and safety impacts.
Page 18 of 26 o"1gAKF9N
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ORIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
60. 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. Mitigation for
potentially significant public health and safety impacts.
61. 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. Mitigation for potentially
significant public health and safety impacts.
62. 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. Mitigation for potentially significant
public health and safety impacts.
63. Pursuant to the SJVAPCD Regulation VIII-Fugitive PM 10 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. Mitigation for potentially significant public health
and safety impacts.
64. 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
Page 19 of 26 gAK,69
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ORIGINAI~
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Engineering Design Manual Standard S-10. Mitigation for potentially significant
public health and safety impacts.
Public Services and Utilities
65. 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. Mitigation for potentially significant
public service and utilities impacts.
66. 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. Mitigation for
potentially significant public service and utilities impacts.
67. 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 (NORRPD), 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 NORRPD 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
NORRPD shall provide a certificate stating that this measure is satisfied.
Mitigation for potentially significant public service and utilities impacts.
68. Prior to recordation of the first final map, the subdivider shall provide written
proof/verification from NORRPD that the proposed Project site is/has been
included within the NORPPD Maintenance District. Said verification shall be
submitted to the City of Bakersfield Planning Director. Mitigation for potentially
significant public service and utilities impacts.
69. 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. Mitigation for potentially significant public
service and utilities impacts.
Page 20 of 26
PKF9p
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
70. Prior to issuance of any building permit, the Project Applicant shall submit, for
review, a Construction and Demolition Recycling Plan to the Kern County Waste
Management Department (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. Mitigation for
potentially significant public service and utilities impacts.
71. The Project Applicant shall comply with applicable City ordinances to waste
collection within the proposed Project site, including such ordinances which
require mandatory curbside recycling. Mitigation for potentially significant
public service and utilities impacts.
72. 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. Mitigation for potentially significant public
service and utilities impacts.
73. 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. Mitigation for potentially significant public service and utilities
impacts.
74. 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. Mitigation for potentially significant public
service and utilities impacts.
Traffic and Circulation
75. 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 or soil or other earthen material. The TMP shall specify
Page 21 of 26 gAK
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ORIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approva
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. Mitigation for potentially significant
traffic and circulation impacts.
76. 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. This mitigation
measure shall be satisfied by the Project applicant's payment of RTIF fees.
Mitigation for potentially significant traffic and circulation impacts.
77. 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. Mitigation for potentially
significant traffic and circulation impacts.
78. 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.
Mitigation for potentially significant traffic and circulation impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Plannina
79. The applicant shall appoint a project manager to act as a liaison with city staff
and track (monitor) all conditions of approval /mitigation measures. The project
manager shall provide written evidence and documentation confirming the
satisfactory completion and/or compliance with the list of conditions, including
mitigation measures of the project. The project manager shall submit the entire
list of conditions with said evidence/documentation and status of each
condition with each subsequent development application and/or plans
submitted to the Development Services Department and Public Works
Page 22 of 26 ~g~KF9
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ORIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Department. The project manager shall coordinate with city departments and
other agencies as needed to satisfy conditions/mitigation measures, and
document compliance. Documentation from the project manager as to the
compliance of the condition/mitigation measures are subject to review and
acceptance by the Planning Director, or his designee. The name and contact
information for the project manager shall be provided to city staff on all
submittals. For orderly development.
80. A trail system is required for this project. With submittal of the first tentative
subdivision application, the applicant shall provide the Planning Director with a
trails plan for approval by the Planning Department. The trail cross section shall
mirror the trail design approved for the multi-use trail and combination trail
system. Trail location and cross section diagram shall be depicted on tentative
and final maps. Consultation with staff prior to preparation of the trails plan is
recommended. For orderly development.
81. The developer shall add a class 2 bike lane along Heath Road located north of
new collector roadway Claudia Autumn Drive (as shown on Exhibit B). For
orderly development.
Recreation and Parks
82. Prior to approval of a final subdivision for urban development, the subdivider
shall enter into an Agreement with the City of Bakersfield related to provision of
parks. For orderly development and to satisfy park land requirement (BMC Ch
15.80) and park development requirement (BMC Ch. 15.82).
Public Works
83. Along with the submittal of any development plan, prior to approval of
improvement plans, or with the application for a lot line adjustment or parcel
merger, the following shall occur:
a. Provide fully executed dedication for Stockdale Highway, Heath Road, Wegis
Avenue and Nord Avenue to arterial standards; Claudia Autumn Drive to
collector standards within the GPA request. Dedications shall include
sufficient widths for expanded intersections and additional areas for
landscaping as directed by the City Engineer. Submit a current title report
with the dedication documents. If a tentative subdivision map over the entire
GPA/ZC area is submitted, dedication can be provided with the map.
Page 23 of 26
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ORIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Developer shall reserve the right of way within the GPA/ZC area for the West
Beltway per Specific Plan Line 03-1171 per Resolution 044-04 and for the Kern
River Freeway per Specific Plan Line to be adopted by the City of Bakersfield.
For orderly development.
b. Submit a comprehensive drainage study to be reviewed and approved by
the City Engineer. No more than seven (7) sumps may be utilized to serve this
area; these sumps should be located so that they may be available to serve
adjacent areas as they develop. If only one sump is utilized to serve this
GPA/ZC area, it need not be so located. The study shall be approved and
any required retention site and necessary easements dedicated to the City.
For orderly development.
c. Sewer service must be provided to the GPA/ZC area. The developer shall be
responsible for the initial extension of the sewer line to serve the property. This
sewer line must necessarily be sized to serve a much larger area than the
project area. The City is willing to aid the developer in the formation of a
Planned Sewer Area to provide a mechanism for the reimbursement of over-
sizing costs to the developer. For orderly development.
d. The developer shall submit a comprehensive sewer study to the City Engineer
for the GPA/ZC area to determine and verify sufficient sewer capacities
downstream of the project. If the City Engineer determines there is not
adequate capacity, the developer shall participate in a planned sewer
district and/or construct additional sewer infrastructure to the satisfaction of
the City Engineer. Construction of the project site shall be phased to
accommodate sewer capacities as approved by the City Engineer. For
orderly development.
e. In order to preserve the permeability of the sumps and to prevent the
introduction of sediments from construction or from storm events, all retention
and detention basins (sumps) shall have a mechanical device in the storm
drain system to remove or minimize the introduction of oil, grease, trash, and
sediments to the sump. This device shall be reviewed and approved by the
City Engineer, and shall provide the greatest benefit to the storm drain system
with the least maintenance cost. For orderly development.
f. The project applicant shall provide the City of Bakersfield with a phasing plan
of all onsite and required offsite infrastructure to be reviewed and approved
by the City Engineer. For orderly development.
Page 24 of 26 o11gAKF9N
ORIGINAL
Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
g. The developer is responsible for the construction of all infrastructures, both
public and private, within the boundary of the GPA/ZC area. This includes
the construction of any and all boundary streets to the centerline of the
street, unless otherwise specified. The developer is also responsible for the
construction of any off site infrastructure required to support this
development, as identified in these conditions. The phasing of the
construction of all infrastructures will be addressed at the subdivision map
stage. For orderly development.
84. The GPA/ZC area is within and subject to the Western Rosedale Trails Plan. For
orderly development.
85. The entire area covered by this General Plan Amendment shall be included in
the Consolidated Maintenance District. The applicant shall pay all fees for
inclusion in the Consolidated Maintenance District with submittal of any
development plan, tentative subdivision map, Site Plan Review, or application
for a lot line adjustment for any portion of this GPA area. For orderly
development.
86. Payment of the proportionate share of the cost of the median for the arterial
frontage of the property within the GPA/ZC request is required prior to
recordation of any map or approval of any improvement plan for the GPA/ZC
area. For orderly development.
87. The development is required to pay into the adopted Regional Traffic Impact
Fee fixed rate program. For orderly development.
City Attorney Condition
88. In consideration by the City of Bakersfield for land use entitlements, including but
not limited to related environmental approvals related to or arising from this
project, the applicant, and/or property owner and/or subdivider ("Applicant"
herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its
officers, agents, employees, departments, commissioners or boards ("City"
herein) against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before administrative or judicial
tribunals of any kind whatsoever, in any way arising from, the terms and
provisions of this application, including without limitation any CEQA approval or
Page 25 of 26 90AK
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
any related development approvals or conditions whether imposed by the City,
or not, except for CITY'S sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging
any decision by the City related to this project and the obligations of this
condition apply regardless of whether any other permits or entitlements are
issued.
The City will promptly notify Applicant of any such claim, action or proceeding,
falling under this condition within thirty (30) days of actually receiving such claim.
The City, in its sole discretion, shall be allowed to choose the attorney or outside
law firm to defend the City at the sole cost and expense of the Applicant and
the City is not obligated to use any law firm or attorney chosen by another entity
or party.
mo://S:/GPAs/GPA 3rd 2009/09-0263/Reso_Ord/EXHIBIT A - Conditions-Mitigation
Page 26 of 26
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ORIGINAL
EXHIBIT B
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Exhibit C
Statement of Facts, Findings, and Mitigation Measures
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ORIGINAL
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
EXHIBIT C
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 that other agency.
C. Specific economic, social, or other considerations make infeasible the
mitigation measures or Project alternatives identified in the final
environmental impact report."
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JN 60-100574 1 of 99 March 2010
B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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: i6kK 161%
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B A A E R S F I E L D
Heath Road, an arterial:
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
• realignment between Stockdale Highway and Claudia Autumn Drive
• deletion between Claudia Autumn Drive and the south line of Section 4
Weais 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 alignment:
• 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
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JN 60-100574 3 March 2010 ORIGINAL
B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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:
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- O~gPAKF9
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B A K E R S F 1 E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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.
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B A A E R S F 1 E L D
BIOLOGICAL RESOURCES. Would the project:
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
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?
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPAIZC 09-0263 I Annexation No. 548
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?
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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/mufti-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 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. Therefore, the proposed Project is a sufficient distance from these
areas and would not have the potential to expose people to associated safety hazards.
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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 Significant 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 SignWicant 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
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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:
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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?
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CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Less Than Signiflicant 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 Suooortina 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
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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 Supporting Findina
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 Supporting 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
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Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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 Supporting 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
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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/mufti-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 Supporting 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 Supporting Findings
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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-
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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 Supporting 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
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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 Supporting 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 Findings
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
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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
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Odors
5.7-3 LONG-TERM ODOR IMPACTS WOULD NOT OCCUR AS A RESULT OF PROJECT
IMPLEMENTATION.
Facts Supporting 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 Quality Impact Assessment performed an analysis of potential odor impacts in
accordance with the SJVAPCD's GAMAQI, and concluded that odorous compounds
associated with the proposed Project are not known to contribute to odors. Less than
significant impacts are anticipated in this regard.
Visibility Impacts
5.7-4 LONG-TERM VISIBILITY IMPACTS WOULD NOT OCCUR AS A RESULT OF PROJECT
IMPLEMENTATION.
Facts Supporting Findings
A Level 1 screening analysis of the visibility impacts was conducted using the default
VISCREEN settings. In accordance with EPA VISCREEN guidance, primary NO2 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
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Stockdale Ranch
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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
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CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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 PM1o 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
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B A I: E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-02631 Annexation No. 548
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 PM,o 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 Supportina 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
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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 Supportina 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
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B A K ER S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
5.10-6 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD RESULT IN THE INCREASE
IN DEMAND OR EXPANSION OF SEWER SERVICES.
Facts Supporting Findings
Public facility improvements from the proposed Project and eventual build-up of this
area will result in an increase in maintenance responsibility for the City of Bakersfield. The
proposed Project is required to provide improvements, such as sewer and drainage
facilities, in accordance with 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.
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Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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
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B A K E R SF I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 /Annexation No. 548
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 Sugportina Findings
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 Sugportina Findinas
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
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CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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
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Stockdale Ranch
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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
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Stockdale Ranch
GPA/ZC 09-0263 /Annexation No. 548
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 Findinas
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,
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B A K E R S F I E L D
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Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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)(]) 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
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Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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 for 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
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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
s
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GPA/ZC 09-0263 /Annexation No. 548
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 some 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.
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Facts Supporting Finding
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-02631 Annexation No. 548
SCH No. 2009071068
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 Supporting Finding
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
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Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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-!) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
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GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
5.3-1a 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 5.3-1a.
5.3-1 e 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;
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SCH No. 2009071068
• On-site treatment; or
• Other measures as appropriate.
5.3-1f 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-I g 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
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5.3-2 PROJECT CONSTRUCTION ACTIVITIES HAVE THE POTENTIAL TO CREATE A
SIGNIFICANT HAZARD TO THE PUBLIC THROUGH FORESEEABLE UPSET AND
ACCIDENTAL CONDITIONS.
Facts Supportina 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;
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• 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.
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Facts Supporting Finding
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
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 5.3-1f and 5.3-1g, 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 Supportina 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
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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. It 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.
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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 Supporting Finding
If Valley Fever spores occur within the boundaries of the proposed Project, with the
absence of mitigation, there is potential for the infection of construction workers and
surrounding residents, as well as within the 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:
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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 (AEWSD)/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
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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.
Light 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
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-02631 Annexation No. 548
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.
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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 Supporting 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.
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B A 3: E R S F 1 E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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
CIRCULATION IMPACTS ON NEARBY
POTENTIAL TRAFFIC CONGESTION.
ACTIVITIES WOULD RESULT IN TEMPORARY
RESIDENTS, PEDESTRIANS, BICYCLISTS, AND
Facts Supporting Finding
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.
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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 Supporting 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.
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-02631 Annexation No. 548
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 Supportina 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
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B A K E R SF I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-02631 Annexation No. 548
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 far 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 Sueportina Findinq
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
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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 Equipment
Mechanical equipment such as heating, ventilation, and air conditioning (HVAC) units
would be included as part of future residential and commercial development.
Compliance with the 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
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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 Suooortina 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
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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 Supportina 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 PMIo,
and PM2.s.
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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 PMio.
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
s
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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.
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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.
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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 PMio 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
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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
PMIo. US EPA has recommended the use of the PMio standards as the interim standard for
PM2.5.
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).
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Stockdale Ranch
GPA/ZC 09-02631 Annexation No. 548
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.
Long-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
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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 Findina
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 - PMio 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. PMio 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
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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 Projects/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.
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CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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 Ng/m3 of PM1o. There is no modeled PM,o impact
above the PSD SIL for the proposed Project. Additionally, due to the VERA and reduction
of the existing agricultural emissions in PM,o 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
OI
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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 Findina
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.
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GPA/ZC 09-0263 / Annexation No. 548
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 Supportina 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 oror)osed
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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.
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CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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 Supporting 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
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CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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
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 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.
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Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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
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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 Suooortina 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
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CITY OF BAKERSFIELD
Stockdale Ranch
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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 Lighting
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 Garbage
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
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GPA/ZC 09-0263 / Annexation No. 548
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:
5.9-1a 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,
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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
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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.
5.10-1b 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,
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Stockdale Ranch
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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
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Stockdale Ranch
GPA/ZC 09-0263 /Annexation No. 548
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 Findina
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
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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
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CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
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 Findina
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
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Stockdale Ranch
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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
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Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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 Supporting Finding
Over 95 percent of the proposed Project is located within PG&E's gas territory. The other
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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
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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 5.1 1-1(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.
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Stockdale Ranch
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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 Suooortina Findina
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
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ASSOCIATED WITH FUTURE AND POST DEVELOPMENT MAY RESULT IN AN
INCREASE IN URBAN POLLUTANT DISCHARGE RESULTING IN IMPACTS TO WATER
QUALITY.
Facts Supporting 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
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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 Supporting Findina
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 5.3-1f 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
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any other abandoned or unrecorded wells are uncovered or damaged during
excavation or grading.
VIII.
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.
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.
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Facts Supporting Findinq
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
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
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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.
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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
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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
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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 Supoorting 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
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station is a Lso 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
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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
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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 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.
"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:
O~~AKF9.r
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JN 60-100574 96 March 2010 ORIGINAI
B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-02631 Annexation No. 548
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`~~AKF9~'
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"RIGINAL
JN 60-100574 97 March 2010
CITY OF BAKERSFIELD
• Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
B A K E R S F l E 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
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ORIGINAL
JN 60-100574 98 March 2010
B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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
~1 A
JN 60-100574 99 of 99 March 2010
M
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IRIGINAL
Exhibit D
Statement of Overriding Considerations
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uORIGINAL
•
B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
EXHIBIT D
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. ~ 6P KFq
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ORIGINAL
JN 60-100574 1 of 2 March 2010
B A K E R S P l E L D
• Provide jobs and economic opportunities.
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
• 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
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JN 60-100574 2 of 2 March 2010
Exhibit E
Mitigation Monitoring and Reporting Program
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IRIGINAI_
•
B A K E R S F l E 4 D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
EXHIBIT E
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.
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FINAL EIR • MARCH 2010 13-1 of 34 Mitigation Monitoring Prograrfi'ORiGINAc
B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
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.
FINAL EIR • MARCH 2010 13-2 of 34 Mitigation Monitoring Program
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B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation Monitoring Table
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
Mitigation I Summary of Measure I Implementation Phase I Monitoring Phase I Enforcing Agency -Verification of Comp lionce
Measure Initials Date Remarks
5.1 LAND USE AND RELEVANT PLANNING
Refer to mitigation measures in Section 5.4,
AESTHETICS, LIGHT AND GLARE, Section 5.5,
MM 5.1-1
TRAFFIC AND CIRCULATION, Section 5.6, NOISE,
and Section 5.7, AIR QUALITY.
5.2 AGRICULTURE
Prior to issuance of a grading or building permit for
Prior to issuance of a grading
Pre-construction.
City of Bakersfield
urban development, or support facilities as
or building permit for urban
Development Services
contemplated in the Project, whichever occurs
development, or support
Department, Planning
last, the applicant shall mitigate the loss of net
facilities as contemplated in
Division.
acreage of agricultural lands, on a one-to-one
the Project, whichever occurs
basis, by selecting one or more of the items
last.
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
MM 5.2-1
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.
C,J Y O~
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2010 13-3 of 34 Mitigation Monitoring Program
B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Verification of Compliance
Measure
Summary of Measure
Implementation Phase
Monitoring Phase
Enforcing Agency
Initials
Date
Remarks
b) Contribution of agricultural land or equivalent
funding to an organization that provides for
the preservation of farmland in California.
Funds may be used for purchases, ongoing
monitoring and enforcement, transaction
costs, and reasonable administrative costs.
c) Purchase of credits from an established
agricultural farmland mitigation bank
approved by applicable 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
JC'CYOF -
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FINrLCYGA ARCH 2010 13-4 of 34 Mitigation Monitoring Program
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6 A K E R S F 1 E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
Verification of Compliance
Mitigation
Summary of Measure
Implementation Phase
Monitoring Phase
Enforcing Agency
Initials
Date
Remarks
Measure
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.
Prior to subdivision approval, if the adjoining
Prior to subdivision approval.
Pre-construction.
City of Bakersfield
properties are still in agricultural uses and have not
Development Services
received entitlements for development, then prior
Department, Planning
to issuance of certificates of use and occupancy,
Division.
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
MM 5.2-3
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.
5.3 PUBLIC HEALTH AND SAFETY
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B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Implementation Phase
Phase
Monitorin
Enf
i
A
Verification of Com liance
Measure
g
orc
ng
gency
Initials
Date
Remarks
Prior to issuance of grading permits, the Project
Prior to issuance of grading
Pre-construction.
City of Bakersfield
Applicant shall conduct soil characterization and
permits.
Development Services
sampling of any observed stained soil within the
Department, Planning
proposed Project site as needed to determine the
Division; Bakersfield City
presence or absence of hazardous materials. If
Fire Department;
concentrations of materials are detected above
Regional Water Quality
regulatory cleanup levels during demolition or
Control Board; California
construction activities, the following mitigation
Department of Toxic
measure shall include:
Substances Control;
California Department
• Excavation and disposal at a permitted, off-site
of Water Resources.
facility;
MM 5.3-1a
• 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.
Prior to issuance of grading permits, all stained
Prior to issuance of grading
Pre-construction.
City of Bakersfield
concrete/asphalt pads shall be removed and
permits.
Development Services
disposed of at an appropriate permitted facility.
Department, Planning
Once removed, exposed soils shall be visually
Division.
MM 5.3-1 b
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.
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B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Implementation Phase
Monitorin
Phase
Enforcin
A
Verification of Compliance
Measure
g
g
gency
Initials
Date
Remarks
Prior to issuance of grading permits, all sumps and
Prior to issuance of grading
Pre-construction.
City of Bakersfield
stockpiled soil shall be removed from the
permits.
Development Services
proposed Project site and properly disposed of at
Department, Planning
an approved facility. All sumps and soils shall be
Division.
MM 5.3-1c
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.
Prior to issuance of grading permits, the Project
Prior to issuance of grading
Pre-construction.
City of Bakersfield
Applicant shall remove and properly dispose of
permits.
Development Services
the on-site debris, consisting of drums, containers,
Department, Planning
stained supplies and equipment and
Division.
MM 5
3-1d
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-
la.
Prior to issuance of the grading permits,
Prior to issuance of grading
Pre-construction.
City of Bakersfield
aboveground chemical or fuel storage tanks
permits.
Development Services
(ASTs) shall be removed and properly disposed of
Department, Planning
at a licensed tank destruction facility. Once
Division.
removed, a visual inspection of the areas beneath
and around the removed ASTs shall be performed.
Any stained soils observed beneath the ASTs shall
MM 5.3-1e
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;
• On-site treatment; or
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FINAL FIK& MARCH 2010 13-7 of 34 Mitigation Monitoring Program
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Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Implementation Phase
Monitoring Phase
Enforcin
A
en
Verification of Compliance
Measure
g
g
cy
Initials
Date
Remarks
• Other measures as appropriate.
Prior to subdivision approval, the downhole details
Prior to subdivision approval.
Pre-construction.
City of Bakersfield
of abandoned wells shall be reviewed by DOGGR
Development Services
engineers. Written verification from the DOGGR
Department, Planning
MM 5.3-1 f
shall be provided to indicate that the wells have
Division; Division of Oil,
been properly abandoned or reabandoned, if
Gas, and Geothermal
necessary pursuant to current DOGGR regulations
Resources.
and requirements.
All future drilling, production, and construction
Prior to issuance of a building
Pre-construction.
City of Bakersfield
activities shall also be subject to the following fire
permit.
Development Services
and safety regulations required by the City of
Department; Planning
Bakersfield Fire Department:
Division; City of
• No structures shall be built within 100 feet of
Bakersfield Fire
any oil well unless the well has been properly
Department, Office of
abandoned per Uniform Fire Code 7904.3.2.3.
Prevention Services;
• Prior to the issuance of a building permit for
Division of Oil, Gas, and
structures located within 100 feet of an oil well,
Geothermal Resources.
MM 5.3-1g
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 ma shall be furnished to the
FINAL EIR -
H 2010
13-8 of 34
Mitigation Monitoring Program
•
B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Implementation Phase
Monitorin
Phase
Enforcin
A
Verification of Com liance
Measure
g
g
gency
Initials
Date
Remarks
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.
The existing irrigation wells currently producing
Prior to the approval of each
Pre-construction /
City of Bakersfield
water on the proposed Project site shall not be
individual tentative tract
Throughout the duration
Development Services
utilized to provide water for human consumption.
map.
of on-site construction
Department, Planning
Prior to the approval of each individual tentative
activities.
Division; California
tract map, the irrigation wells within that phase
Department of Water
MM 5.3-1h
that will not be utilized to supply water for future
Resources; Kern County
landscaping, on-going agricultural operations, or
Environmental Health
other non-consumptive purposes shall be
Services Department.
destroyed per California Department of Water
Resources and Kern County Environmental Health
Services Department standards.
Prior to issuance of a grading permit, the Project
Prior to issuance of a grading
Throughout the grading
City of Bakersfield
Contractor shall obtain information on the
permit.
and construction
Development Services
location of underground pipelines and any
process.
Department, Planning
information regarding safety concerns of the
Division; Pacific Gas and
pipelines. During grading activities, Pacific Gas
Electric Company.
MM 5.3-1i
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.
If during soil removal, evidence of petroleum
During soil removal.
Throughout the grading
City of Bakersfield
MM 5.3-2a
products appears to continue below the ground
process.
Development Services
surface, sampling shall be performed to
Department, Planning
v\ C Y p~
MARCH 2010 13-9 of 34 Mitigation Monitoring Program
B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Implementation Phase
Monitorin
Phase
Enforcin
A
Verification of Compliance
Measure
g
g
gency
Initials
Date
Remarks
characterize the extent of contamination and
Division.
identify appropriate remedial measures.
If unknown wastes or suspect materials are
Throughout the grading and
Throughout the grading
City of Bakersfield
discovered during construction by the contractor,
construction process.
and construction
Development Services
which he/she believes may involve hazardous
process.
Department, Planning
waste/materials, the contractor shall:
Division.
• Immediately stop work in the vicinity of the
suspected contaminant, removing workers and
the public from the area;
MM 5.3-2b
• Notify the Project engineer of the
implementing agency;
• Secure the areas as directed by the Project
engineer; and
• Notify the implementing agency's hazardous
waste/materials coordinator.
If, during grading and construction, potential
Throughout the grading and
Throughout the grading
City of Bakersfield
unknown buried hazardous materials are found,
construction process.
and construction
Development Services
and/or unidentified materials are discovered in
process.
Department, Planning
the prescribed soil testing, health and safety
Division; Kern County
procedures shall be implemented immediately by
Department of
the Contractor. Procedures shall include, at a
Environmental Health
minimum, emergency medical treatment,
Services, City of
evacuation of the site and/or threatened area,
Bakersfield Fire
MM 5
3-2c
and notification action. Notification shall be
Department, San
.
determined by the appropriate agency which
Joaquin Valley Air
may include but not be limited to the following
Pollution Control District;
agencies: Kern County Department of
Regional Water Quality
Environmental Health Services, City of Bakersfield
Control Board.
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
C,1 i y D.c
6
FIKAL EIR
UH "Lulu
13-10 of 34
Mitigation Monitoring Program
•
H A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Implementation Phase
Monitoring Phase
Enforcin
A
en
Verification of Com liance
Measure
g
g
cy
Initials
Date
Remarks
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.
If any PG&E pipeline is ruptured during grading,
Throughout the grading and
Throughout the grading
City of Bakersfield
PG&E shall be notified at (800) 743-5000, and 911
construction process.
and construction
Development Services
(Kern County Emergency Services) shall be called.
process.
Department, Planning
The Pipeline Development Policies of the City of
Division; Pacific Gas and
Bakersfield Fire Department are as follows:
Electric Company; City
• No habitable portion of a structure may be
of Bakersfield Fire
built within 50 feet of a gas main, or
Department, Office of
transmission line, or refined liquid product line
Prevention Services.
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
MM 5.3-2d
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.
Gk r r U,c
i ~
FIN
UH 21010
13-11 of 34
Mitigation Monitoring Program
•
H A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Implementation Phase
Monitorin
Phase
Enforcin
A
Verification of Compliance
Measure
g
g
gency
Initials
Date
Remarks
If transite pipe is located on the site during
Throughout the grading and
Throughout the grading
City of Bakersfield
construction activities, the San Joaquin Valley Air
construction process.
and construction
Development Services
Pollution Control District (SJVAPCD) shall be
process.
Department, Planning
MM 5.3-2e
contacted for proper disposal procedures and
Division; San Joaquin
requirements. Transite pipe shall then be removed
Valley Air Pollution
and properly disposed per the SJVAPCD
Control District.
guidelines.
MM 5.3-3
Implement Mitigation Measures 5.3-1f and 5.3-1 g,
above.
Prior to any on-site construction activities, soils
Prior to any on-site
Pre-construction.
City of Bakersfield
shall be sampled and analyzed by a licensed
construction activities.
Development Services
engineer or geologist, approved by the Director
Department, Planning
of Prevention Services, to determine the level of
Division; City of
residue for pesticides, herbicides, chemicals, and
Bakersfield Fire
associated metals. If residue is found to be within
Department, Office of
acceptable amounts per the Environmental
Prevention Services;
Protection Agency (EPA) and Department of
Department of Toxic
MM 5.3-4
Toxic Substances Control (DTSC) standards, then
Substances Control.
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.
Prior to issuance of grading permits, any removal
Prior to issuance of grading
Pre-construction /
City of Bakersfield
or relocation of transformers shall be conducted
permits.
Throughout the duration
Development Services
under the purview of the local utility purveyor (i.e.,
of on-site construction
Department, Planning
Pacific Gas and Electric Company [PG&E]) to
activities.
Division; Pacific Gas and
MM 5.3-6a
identify proper handling procedures regarding
Electric Company.
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.
MM 5.3-6b
Prior to the issuance of grading and buildin
Prior to the issuance of
Pre-construction /
City of Bakersfield
Y o~
6
FIW EIR -
H2UIU
13-12 of 34
Mitigation Monitoring Program
•
B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Implementation Phase
Monitorin
Phase
Enforcin
A
n
Verification of Compliance
Measure
g
g
ge
cy
Initials
Date
Remarks
permits, If necessary, PCB-affected soil shall be
grading and building permits.
Throughout the duration
Development Services
properly disposed per Federal, State, and local
of on-site construction
Department, Planning
laws. Testing and disposal shall meet the
activities.
Division; City of
regulations of the City of Bakersfield Fire
Bakersfield Fire
Department, Office of Prevention Services. If such
Department, Office of
PCB soil testing and disposal are required, a
Prevention Services.
verification closure letter shall be obtained from
the City of Bakersfield Fire Department Office of
Prevention Services.
MM 5
3-10a
Refer to Section 5.7, AIR QUALITY, regarding
.
fugitive dust miff ation measures.
Pursuant to the San Joaquin Valley Air Pollution
Pre-construction / Throughout
Pre-construction /
City of Bakersfield
Control District (SJVAPCD) Regulation VIII-Fugitive
the duration of on-site
Throughout the duration
Development Services
PM,o Prohibitions, all areas with bare soil exposed
construction activities.
of on-site construction
Department, Planning
as a result of the proposed Project's earthwork
activities.
Division; San Joaquin
MM 5.3-1Ob
activities shall be landscaped at the earliest time
Valley Air Pollution
possible or stabilized by watering when winds
Control District.
exceed 20 miles per hour (mph) in order to reduce
the potential inhalation of spores causing Valley
Fever.
Prior to development, the Project Developer shall
Prior to development.
Pre-construction /
City of Bakersfield
construct a six-foot-high chain-link fence, or
Throughout the duration
Development Services
equivalent barrier as determined by the advisory
of on-site construction
Department, Planning
MM 5
3-11
agency, between any subdivision and the right-of-
activities.
Division; City of
.
way line of any irrigation canal within or adjacent
Bakersfield
to the subdivision, as specified in City of Bakersfield
Development Services
Subdivision and Engineering Design Manual
Department, Building
Standard S-10.
Division.
5.4 AESTHETICS, LIGHT, AND GLARE
With submittal of a grading plan for each
With submittal of a grading
Pre-construction.
City of Bakersfield
development phase, the Project Applicant shall
plan for each development
Development Services
provide the location of on-site temporary
phase.
Department, Planning
MM 5.4-1a
construction equipment staging areas within the
Division.
proposed Project site. Appropriate screening
(e.g., temporary opaque fencing [six feet in
height]) shall be used to buffer views of
C'\-C Y 0,,~,
03
Fl
2UIU
13-13 of 34
Mitigation Monitoring Program
•
H A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Implementation Phase
Monitoring Phase
Enforcin
A
n
Verification of Com liance
Measure
g
ge
cy
Initials
Date
Remarks
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.
With submittal of a grading permit application, the
With submittal of a grading
Pre-construction.
City of Bakersfield
Project Applicant shall provide a construction
permit application.
Development Services
safety lighting plan. All lighting would be located
Department, Planning
and aimed away from adjacent residential areas
Division.
MM 5.4-1 b
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.
With submittal of a development plan for
With submittal of a
Pre-construction.
City of Bakersfield
commercial areas and consistent with the City's
development plan for
Development Services
MM 5
4-2a
design review by the Planning Director, all public
commercial areas.
Department, Planning
.
signage throughout the proposed Project shall be
Division.
designed to have consistency in fixture type,
lettering, colors, symbols, and logos.
With submittal of a tentative tract map and
With submittal of a tentative
Pre-construction.
City of Bakersfield
consistent with the City's design review by the
tract map.
Development Services
Planning Director, the building design of the
Department, Planning
MM 5.4-2b
proposed Project shall incorporate characteristics
Division.
to enhance the character of the existing
surrounding community through the use of natural
building materials and earthtone colors, as well as
landscaping.
With submittal of a tentative tract map and
With submittal of a tentative
Pre-construction.
City of Bakersfield
consistent with the City's design review by the
tract map.
Development Services
MM 5
4-2c
Planning Director, the Project Applicant shall verify
Department, Planning
.
that all landscaping, both commercial frontage
Division.
and street landscaping, are in accordance with
the MBGP and Bakersfield Municipal Code. This
=J~~ t Y OF
v
Fl%AL EIF
`-0131
H ZUIU
13-14 of 34
Mitigation Monitoring Program
•
B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Implementation Phase
Monitorin
Phase
Enfor
i
A
Verification of Compliance
Measure
g
ng
c
gency
Initials
Date
Remarks
should follow City requirements per Chapter 17.61
of the Zoning Code.
During the installation of lighting standards the
During the installation of
Pre-construction /
City of Bakersfield
Project Applicant shall ensure that any exterior
lighting standards.
Throughout the duration
Development Services
lighting does not spill over onto the adjacent uses.
of on-site construction
Department, Planning
MM 5.4-3
All exterior light fixtures, including street lighting,
activities.
Division.
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.
as 1RAFFiC AND CiRCULA iON
MM 5.5-3
Refer to Mitigation Measures 5.5-6a and 5.5-6b,
below.
Any roadway segment improvements on
Prior to and/ or during
Prior to and/ or during
City of Bakersfield
Stockdale Highway between Enos Lane and
construction.
construction.
Development Services
Superior Road shall include railroad crossing safety
Department, Planning
MM 5.5-4a
measures such as proper warning signals, lights,
Division.
striping, median separation, and parking
restrictions, as outlined in the CPUC guidelines and
the Phase IV RTIF Program.
MM 5.5-4b
Implement Mitigation Measures 5.5-6a and 5.5-6b.
Prior to the issuance of building permits, the Project
Prior to the issuance of
Prior to and/ or during
City of Bakersfield
Applicant shall participate in the City's RTIF
building permits.
construction.
Development Services
Program. The Project Applicant shall submit
Department, Planning
MM 5.5-6a
funding calculations for all improvements
Division.
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 forapproval.
For impacted intersections subject to fair-share
Prior to the issuance of
Pre-construction.
City of Bakersfield
improvements (refer to Table 6, from September
building permits.
Development Services
MM 5.5-6b
2009 Traffic Impact Study [refer to Appendix 15.4])
Department, Planning
and roadway segment improvements, prior to the
Division.
issuance of building permits, the Project Applicant
shall artici ate in the improvements required on
~G\T Y O~
4L EIR -
O7g17`
2UIU
13-15 of 34
Mitigation Monitoring Program
B A K E A S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Implementation Phase
Monitorin
Phase
Enforcin
A
Verification of Com liance
Measure
g
g
gency
Initials
Date
Remarks
a pro-rata, fair-share basis, as indicated the
Recommended Improvements and Table 5.5-6.
5.6 WISE
Prior to issuance of grading permits, the Project
Prior to issuance of grading
Throughout the grading
City of Bakersfield
Contractor shall provide evidence acceptable to
permits.
and construction
Development Services
the City Planning Department that: (1) all
process.
Department, Planning
MM 5.6-1a
construction equipment, fixed or mobile, operated
Division.
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.
During construction, stationary construction
During construction.
Throughout the
City of Bakersfield
equipment shall be placed such that emitted
construction process.
Development Services
MM 5.6-1 b
noise is directed away from noise-sensitive
Department, Building
receptors, to the satisfaction of the Building
Division.
Official.
Prior to approval of the proposed Project plans
Prior to approval of the
Pre-construction /
City of Bakersfield
and specifications by the City Building
proposed Project.
Throughout the duration
Development Services
Department, the Project Contractor shall
of on-site construction
Department, Building
MM 5
6-1c
incorporate feasible muffling features into all
activities.
Division.
.
construction vehicles and equipment and into
construction methods, and shall maintain all
construction vehicles and equipment in efficient
operating condition.
C,\T Y O,,
v
i ~
~Iu I u 13-16 of 34 Mitigation Monitoring Program
B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summar
of Measure
Im
lementation Phase
M
i
Ph
it
E
f
i
A
Verification of Com liance
Measure
y
p
on
or
ng
ase
n
orc
ng
gency
Initials
Date
Remarks
Prior to approval of the proposed Project plans
Prior to approval of the
Pre-construction /
City of Bakersfield
and specifications by the City Building
proposed Project.
Throughout the duration
Development Services
MM 5.6-1d
Department, stockpiling and construction vehicle
of on-site construction
Department, Building
staging areas shall be located as for away as
activities.
Division.
practical from noise-sensitive receptors during
construction activities.
Y OF
5
CH 2010 13-17 of 34 Mitigation Monitoring Program
B A K E R S F 1 E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Implementation Phase
Monitorin
Phase
Enforcin
A
Verification of Com liance
Measure
g
g
gency
Initials
Date
Remarks
After the precise grading and plot plans have
After the precise grading and
Pre-construction.
City of Bakersfield
been developed and prior to issuance of building
plot plans have been
Development Services
permits, a site-specific acoustical analysis shall be
developed and prior to
Department, Planning
conducted by a qualified acoustical engineer to
issuance of building permits.
Division.
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.
MM 5.6-2
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 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.
After the precise grading and plot plans have
After the precise grading and
Pre-construction.
City of Bakersfield
been developed and prior to the issuance of
plot plans have been
Development Services
building permits, a site-specific acoustical analysis
developed and prior to
Department, Planning
MM 5.6-3a
shall be conducted by a qualified acoustical
issuance of building permits.
Division.
engineer to determine the final height and
location of any sound walls that would be required
along Stockdale Highway. It is estimated that
J~,\ 1 Y UX~
n
y
n
- MARCH 2010 13-18 of 34 Mitigation Monitoring Program
•
B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
Mitigation
Summar
of Measure
Im
l
m
t
ti
Ph
M
it
i
Ph
E
f
i
A
Verification of Compliance
M
y
p
en
e
a
on
ase
on
or
ng
ase
n
orc
ng
gency
easure
Initials
Date
Remarks
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.
After the precise grading and plot plans have
After the precise grading and
Pre-construction.
City of Bakersfield
been developed and prior to the issuance of
plot plans have been
Development Services
building permits, a site-specific acoustical analysis
developed and prior to the
Department, Planning
shall be conducted by a qualified acoustical
issuance of building permits.
Division.
engineer to determine the final height and
location of any sound walls that would be required
along Wegis Avenue. Should sound walls not be
MM 5.6-3b
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.
col y 0"C'
ate'
o
FINAL EIR - MARCH 2010 13-19 of 34 Mitigation Monitoring Program
•
B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summary of Measure
Im
lementation Phase
Monitorin
Phase
E
f
i
A
Verification of Com liance
Measure
p
g
n
orc
ng
gency
Initials
Date
Remarks
As a condition of approval, when site-specific
As a condition of approval.
Pre-construction.
City of Bakersfield
commercial uses are proposed that have the
Development Services
potential to cause significant noise impacts due to
Department, Planning
the nature of the business or the hours of
Division.
operation, an acoustical analysis shall be
conducted to the satisfaction of the City Planning
MM 5.6-4
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 (refer
to Table 5.6-2, in EIR).
In order to protect KCWA's full use and operations
As part of the tentative tract
Pre-construction.
City of Bakersfield
of their existing facilities, as part of the tentative
process.
Development Services
tract process, future residents and tenants
Department, Planning
adjacent to the Pioneer Project and Cross Valley
Division; KCWA.
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
MM 5
6-5a
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
C,\T Y O"',
.FINAL Eli? MARCH 2010 13-20 of 34 Mitigation Monitoring Program
-(7 ??1
•
B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
Mitigation
Summar
of Measure
Im
lementation Phase
Monit
rin
Ph
E
f
i
A
Verification of Com liance
M
y
p
g
o
ase
n
orc
ng
gency
easure
Initials
Date
Remarks
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.
Prior to the issuance of building permits, if noise-
Prior to the issuance of
Pre-construction.
City of Bakersfield
sensitive uses are proposed for construction
building permits.
Development Services
adjacent to the KCWA pumping station, a
Department, Planning
detailed acoustical analysis shall be performed
Division; KCWA.
that quantifies the noise levels produced by the
MM 5.6-5b
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.
MM 5
6-6
I Refer to Mitigation Measures 5.6-1 a through 5.6-5c,
.
above.
5.7 AIR QUALITY
The Project Applicant shall adhere to the terms of
Prior to the issuance of
Pre-construction /
City of Bakersfield
the 2006 Voluntary Emissions Reductions
building permits.
Throughout the duration
Development Services
MM 5.7-1
Agreement with the San Joaquin Valley Air
of on-site construction
Department, Planning
Pollution Control District to reduce ROG, NO., and
activities.
Division; SJVAPCD.
PM,oimpacts to zero.
Prior to grading plan approval, the Project
Prior to grading plan
Pre-construction /
City of Bakersfield
Applicant shall submit documentation to the City
approval.
Throughout the duration
Development Services
MM 5.7-2
of Bakersfield Planning Department that they
of on-site construction
Department, Planning
will/have met all air quality control measures
activities.
Division; SJVAPCD.
required b the SJVAPCD.
MM 5.7-6a
Refer to Mitigation Measure 5.7-2, above.
The Project Applicant shall adhere to the terms of
Prior to the issuance of
Pre-construction /
City of Bakersfield
MM 5
7-6b
the 2006 Voluntary Emissions Reductions
building permits.
Throughout the duration
Development Services
.
Agreement, which includes reduction measures
of on-site construction
Department, Planning
that will reduce Greenhouse Gas Emissions.
activities.
Division; SJVAPCD.
5.8 BIOLOGICAL RESOURCES
MM 5.8-1a Refer to the mitigation measures provided in
0C'\T Y O.c
L3 ~p
7
ARCH 2010 13-21 of 34 Mitigation Monitoring Program
•
B A K E R S F I E L D
CITY Of BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
Mitigation
Verification of Compliance
Summary of Measure
Implementation Phase
Monitoring Phase
Enforcing Agency
I
iti
l
Date
Remarks
Measure
n
a
s
Section 5.7, AIR QUALITY.
Refer to mitigation measures provided in Section
MM 5.8 l b
5.6, NOISE.
During grading and construction, the Project
During grading and
Throughout the duration
City of Bakersfield
Contractor shall ensure all trash and food waste is
construction.
of on-site construction
Development Services
disposed of in closed containers and regularly
activities.
Department, Planning
MM 5.8-1c
removed from the proposed Project site during
Division.
construction. Absolutely no deliberate feeding of
wildlife shall be allowed.
Prior to grading, the Project Applicant shall pay
Prior to grading.
Pre-construction.
City of Bakersfield
the habitat mitigation fee in accordance with
Development Services
section 15.78.030 of the City of Bakersfield
Department, Planning
Municipal Code and the MBHCP. If the MBHCP is
Division; USFWS, CDFG.
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
MM 5.8-4a
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
~C,1 t
OF
z
F lid - MARCH 2010 13-22 of 34 Mitigation Monitoring Program
•
B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Verffication of Compliance
Measure
Summary of Measure
Implementation Phase
Monitoring Phase
Enforcing Agency
Initials
Date
Remarks
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.
G\~ Y 0"
FIWA _F. R,CMARCH 2010 13-23 of 34 Mitigation Monitoring Program
•
B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
ation
Miti
Verification of Com liance
g
Summary of Measure
Implementation Phase
Monitoring Phase
Enforcing Agency
Initials
Date
Remarks
Measure
Within 30 days of initial ground disturbance,
Within 30 days of initial
Pre-construction /
City of Bakersfield
preconstruction clearance surveys shall be
ground disturbance / Prior to
Throughout the duration
Development Services
conducted by a qualified biologist in accordance
approval of a grading
of on-site construction
Department, Planning
with the provisions of the MBHCP. Any potential,
permit.
activities.
Division; USFWS, CDFG.
inactive or active kit fox dens identified as
unavoidable, be monitored, excavated and
backfilled in accordance with the
MM 5.8-4b
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.
Prior to earth disturbance phases of construction,
Prior to earth disturbance
Pre-construction /
City of Bakersfield
all construction personnel shall be trained in
phases of construction.
Throughout the duration
Development Services
sensitive species identification and avoidance
of on-site construction
Department, Planning
techniques and be instructed to be on the lookout
activities.
Division.
for kit fox dens during earth disturbance. Proof of
MM 5.8-4c
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 a encies for resolution.
During construction, all pipes, culverts or similar
During construction.
Throughout the duration
City of Bakersfield
structures with a diameter of four inches or greater
of on-site construction
Development Services
shall be kept capped to prevent entry of the kit
activities.
Department, Planning
fox. If not capped or otherwise covered, the
Division.
MM 5.8-4d
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.
Prior to grading, the Project Applicant shall pay
Prior to grading.
Pre-construction.
I
City of Bakersfield
~
MM 5.8-5a
the habitat mitigation fee in accordance with
I
Development Services
G\T Y 0"
v
EIR - ►~iRARCH 2010 13-24 of 34 Mitigation Monitoring Program
B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Verbcation of Compliance
Measure
Summary of Measure
Implementation Phase
Monitoring Phase
Enforcing Agency
Initials
Date
Remarks
section 15.78.030 of the City of Bakersfield
Department, Planning
Municipal Code and the MBHCP. If the MBHCP is
Division; USFWS, CDFG.
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
~~1tY O.c
G731-'
2010
13-25 of 34
Mitigation Monitoring Program
B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Verification of Com liance
Summary of Measure
Implementation Phase
Monitoring Phase
Enforcing Agency
Measure
Initials
Date
Remarks
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 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 sensitive and nesting bird
habitat land within Kern County.
Prior to the commencement of grading activities,
Prior to the commencement
Pre-construction.
City of Bakersfield
the Project Applicant shall retain a qualified
of grading activities.
Development Services
biologist to verity the presence or absence of any
Department, Planning
previously unidentified protected species, which
Division; USFWS, CDFG.
are not addressed in the MBHCP. If encountered,
MM 5.8-5b
the USFWS and CDFG shall be notified of previously
unreported protected species. Any take of
protected wildlife shall be reported immediately to
the CDFG and USFWS. No activities shall occur
until Incidental Take authorization has been
obtained from the CDFG and USFWS.
Seven days prior to the onset of construction
Seven days prior to the onset
Pre-construction.
City of Bakersfield
activities during the raptor nesting season
of construction activities
Development Services
(February 1 to June 30), a qualified biologist shall
during the raptor nesting
Department, Planning
survey within 500 feet of the proposed Project's
season (February 1 to June
Division; CDFG.
MM 5.8-5c
impact area for the presence of any active raptor
30).
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
G\T Y O,,
4
JAL EIR iUARCH 2010 13-26 of 34 Mitigation Monitoring Program
n "
•
B A K E R S F 1 E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
Mitigation
Verification of Compliance
Summary of Measure
Implementation Phase
Monitoring Phase
Enforcing Agency
Measure
Initials
Date
Remarks
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, th
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.
The Project Applicant shall conduct pre-
Prior to ground disturbance.
Pre-construction.
City of Bakersfield
construction surveys prior to ground disturbance to
Development Services
ensure that no burrowing owls are present on-site
Department, Planning
and to ensure avoidance of direct take or
Division; CDFG.
accidental entrapment of burrowing owls. If nests
are encountered, the use of agency-approved
MM 5.8-5d
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, reserve habitat, and reduce
z
- MARCH 2010 13-27 of 34 Mitigation Monitoring Program
B A K E R S F 1 E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
Mitigation
Summ
f M
Im
l
m
nt
ti
n Ph
M
it
i
Ph
E
f
i
A
Verification of Com liance
easure
ary o
p
e
e
a
o
ase
on
or
ng
ase
n
orc
ng
gency
Measure
Initials
Date
Remarks
potential impacts to burrowing owls to a level of
less than significant.
• Occupied burrows shall not be disturbed
during the nesting season (February 1 through
August 31) unless a qualified biologist
approved by the CDFG verifies through
noninvasive methods that either: (1) the birds
have not begun egg-laying and incubation; or
(2) that juveniles from the occupied burrows
are foraging independently and are capable
of independent survival.
• If owls must be moved away from the
disturbance area, passive relocation
techniques as described in the Staff Report on
Burrowing Owl Mitigation should be used rather
than trapping. At least one or more weeks will
be necessary to accomplish this and allow the
owls to acclimate to alternative burrows.
Prior to initial ground disturbance, it is
Prior to initial ground
Pre-construction.
City of Bakersfield
recommended that a "tailgate" session relative to
disturbance.
Development Services
MM 5.8-5e
all environmental Federal, State, and local laws for
Department, Planning
all construction personnel be conducted by a
Division.
ualified lo gist.
Any evidence, such as burrows or potential raptor
Pre-construction / Throughout
Pre-construction /
City of Bakersfield
MM 5
8-5
nests, observed at any time during construction,
the duration of on-site
Throughout the duration
Development Services
.
shall be promptly reported to the reviewing
construction activities.
of on-site construction
Department, Planning
a encies for resolution.
activities.
Division.
MM 5.8-7a
Implement Mitigation Measure 5.8-1c, above.
Lighting shall be shaded or shielded and directed
With the submittal of a
Pre-construction.
City of Bakersfield
down and away from adjacent agricultural and
tentative tract map.
Development Services
MM 5.8-7b
open space areas to minimize increased
Department, Planning
predation of species that may be using the
Division.
adjacent open space and agricultural fields.
Refer to Section 5.4, AESTHETICS, LIGHT AND
C,\ 'V Y O.c
~o <
NAL EIR -*ARCH 2010 13-28 of 34 Mitigation Monitoring Program
(77a1a,'6
•
B .A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
Mitigation
mm
f M
r
S
Im
l
t
ti
Ph
M
it
i
Ph
E
f
i
A
Verification of Compliance
Measure
u
ary o
easu
e
p
emen
a
on
ase
on
or
ng
ase
n
orc
ng
gency
Initials
Date
Remarks
GLARE, regarding light spill over and glare
mitigation measures.
5 9 CIIITIIR01 RFSUMIRCFS
During excavation and grading activities, if
During excavation and
Pre-construction /
City of Bakersfield
archaeological resources are discovered on-site,
grading activities.
Throughout the duration
Development Services
the Project Developer/Contractor shall stop all
of on-site construction
Department, Planning
work and shall retain a qualified archaeologist to
activities.
Division.
evaluate the significance of the finding and
MM 5.9-1a
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.
If human remains are discovered as a result of the
Throughout the duration of
Throughout the duration
City of Bakersfield
proposed Project during development, all activity
on-site construction activities.
of on-site construction
Development Services
shall cease immediately, the Project
activities.
Department, Planning
Developer/Contractor shall notify the Kern County
Division; Kern County
Coroner's Office immediately under state law, and
Coroner's Office; Native
MM 5.9-1 b
a qualified archaeologist and Native American
American Heritage
monitor shall be contacted. Should the Coroner
Commission.
determine the human remains to be Native
American, the Native American Heritage
Commission shall be contacted pursuant to Public
Resources Code 5097.98.
If, during grading, paleontological resources are
During excavation and
Monitored during
City of Bakersfield
discovered, the Project Developer/Contractor
grading activities on-site.
excavation and
Development Services
shall stop all work and a qualified paleontologist
grading activities on-
Department, Planning
MM 5
9-2
shall be retained to evaluate the significance of
site.
Division.
.
the finding and the appropriate course of action.
The qualified paleontologist shall then be retained
to examine earthwork spoils generated from
construction activities.
MM 5.10-1a I With submittal of each final tract map, the I With submittal of each final I Pre-construction. I City of Bakersfield
proposed development shall be reviewed by the tract map. Development Services
rv\T Y O"
v
2010 13-29 of 34 Mitigation Monitoring Program
•
B A K E R S P I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Verification of Com liance
Summary of Measure
Implementation Phase
Monitoring Phase
Enforcing Agency
Measure
Initials
Date
Remarks
City of Bakersfield Fire Department to ensure
Department, Planning
Department requirements for access, fire flow,
Division; City of
hydrants, or other fire and life safety requirements
Bakersfield Fire
are adequately addressed.
Department.
MM 5
10-1b
Refer to Section 5.5, TRAFFIC AND CIRCULATION,
.
for short-term construction mitigation measures.
Refer to Section 5.5, TRAFFIC AND CIRCULATION,
MM 5.10-2
for short-term construction mitigation measures.
The Project Applicant shall be required to pay
Prior to issuance of a building
Pre-construction.
City of Bakersfield
impact-based school fees at the statutory rate in
permit.
Development Services
MM 5.10-3
effect at the time of issuance of building permits,
Department, Planning
in accordance with Education Code § 17620 and
Division.
Government Code 65995.
Prior to recordation of a final map(s), the
Prior to final recordation of a
Pre-construction.
City of Bakersfield
subdivider shall dedicate land and/or pay in-lieu
final map(s).
Development Services
fees for parkland dedication to the North of the
Department, Planning
River Recreation and Park District, in compliance
Division; North of the
with Government Code Section 66477 (Quimby
River Recreation and
Act), Bakersfield Municipal Code § 15.80 (based on
Park District.
a parkland dedication requirement of 2.5 acres
per 1,000 population), and North of the River
MM 5.10-4a
(NOR) Recreation and Park District 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 is satisfied.
Prior to recordation of the first final map, the
Prior to recordation of the first
Pre-construction.
City of Bakersfield
subdivider shall provide written proof/verification
final map.
Development Services
MM 5.10-4b
from North of the River (NOR) Recreation and Park
Department, Planning
District that the proposed Project site is/has been
Division; North of the
included within the NOR Park Maintenance
River Recreation and
0(\JYO.o
n • MARCH 2010 13-30 of 34 Mitigation Monitoring Program
B A K E R S F I E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
Mitigation
Summar
of Measure
Im
lementation Pha
e
M
it
i
Ph
E
f
i
A
Verification of Com liance
M
y
p
s
on
or
ng
ase
n
orc
ng
gency
easure
Initials
Date
Remarks
District. Said verification shall be submitted to the
Park District.
City of Bakersfield Planning Director.
Prior to proposed Project development, the
Prior to Project development.
Pre-construction.
City of Bakersfield Water
Project Applicant shall coordinate with the City of
Resources Department.
MM 5.10-5
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.
Prior to issuance of any building permit, the Project
Prior to issuance of any
Pre-construction.
City of Bakersfield Public
Applicant shall submit, for review, a Construction
building permit.
Works Department.
and Demolition Recycling Plan to the KCWMD. The
Recycling Plan shall include a plan to separate
MM 5.10-7a
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.
Prior to issuance of any building permit, the Project
Prior to issuance of any
Pre-construction.
City of Bakersfield
MM 5.10-7b
Applicant shall provide universal waste collection
building permit.
Development Services
to the proposed Project site along with potential
Department, Planning
mandatory collection for curbside recycling.
Division.
Prior to approval of a tentative tract map, the
Prior to approval of a
Pre-construction.
City of Bakersfield
Project Applicant shall coordinate with PG&E staff
tentative tract map.
Development Services
early in the planning stages to ensure that
Department, Planning
MM 5
10-8a
adequate facilities are incorporated in the
Division.
.
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.
All main lines adjacent to the roadways shall be
Prior to recordation of each
Prior to recordation of
City of Bakersfield
MM 5.10-8b
brought to the ultimate width prior to recordation
phase.
each phase
Development Services
of each phase. In addition, utility easements shall
Department, Building
be readily available.
Division.
~C'J Y oo
- MARCH 2010 13-31 of 34 Mitigation Monitoring Program
•
B A K E R S F 1 E L D
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
Mitigation
Summar
of Measure
Im
lementation Phase
Monit
ri
Ph
E
f
i
A
Verification of Compliance
Measure
y
p
ng
o
ase
n
orc
ng
gency
Initials
Date
Remarks
Prior to approval of a tentative tract map, the
Prior to approval of a
Prior to approval of a
City of Bakersfield
Project Applicant shall coordinate with PG&E staff
tentative tract map.
tentative tract map.
Development Services
early in the planning stages to ensure that
Department, Planning
adequate facilities are incorporated in the
Division.
MM 5.10-9
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.
5.11 GEOLOGIC AND SEISMIC HAZARDS
MM 5.11-1a
Refer to Mitigation Measures in Section 5.7, AIR
QUALITY.
Prior to issuance of grading permits, a Storm Water
Prior to issuance of grading
Pre-construction.
City of Bakersfield
Pollution Prevention Plan (SWPPP), which includes
permits.
Development Services
erosion control measures in order to comply with
Department, Building
the National Pollution Discharge Elimination System
Division.
MM 5
11-1b
(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.
Engineering design for all future structures shall be
Prior to submittal of a final
Prior to submittal of a
City of Bakersfield
based on the probability that the proposed
map.
final map.
Development Services
Project will be subjected to strong ground motion
Department, Building
during the lifetime of development. Future Project
Division.
11-3
MM 5
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.
5.12 HYDROLOGY AND WATER QUALITY
Prior to submittal of improvement plans for each
Prior to submittal of
Prior to submittal of
City of Bakersfield Public
MM 5
12-1
phase or individual tentative tract map, the
improvement plans for each
improvement plans for
Works Department.
.
Project Applicant shall provide a drainage study in
phase or individual tentative
each phase or
conformance with City of Bakersfield design
tract map.
individual tentative
"I i Y 0A
03
FINAL Ell MARCH 2010 13-32 of 34 Mitigation Monitoring Program
07314'.
B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summar
of Measure
Im
lementation Phase
Monitorin
Ph
E
f
i
A
Verification of Com liance
M
y
p
g
ase
n
orc
ng
gency
easure
Initials Date Remarks
guidelines, which shall include, but not be limited
tract map.
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.
Prior to approval of individual development
Prior to approval of individual
Prior to approval of
City of Bakersfield Public
projects by the Director of Public Works or his/her
development projects.
individual development
Works Department.
designee, the Project Applicant shall confirm that
projects.
the proposed Project plans stipulate that prior to
MM 5.12-3a
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.
Prior to grading plan approval, the Project
Prior to grading plan
Prior to grading plan
City of Bakersfield Public
Contactors shall incorporate stormwater pollution
approval.
approval.
Works Department.
control measures into a Storm Water Pollution
Prevention Plan (SWPPP); Best Management
Practices (BMPs) shall be implemented; and
MM 5.12-3b
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.
Prior to tract recordation, the Project Applicant of
Prior to tract recordation.
Prior to tract
City of Bakersfield Public
future projects shall prevent any off-site impacts
recordation.
Works Department.
MM 5.12-3c
during the construction phase. Erosion control
measures and temporary basins for desiltation
and detention shall be in lace, as approved b
Ot,1T Y O~
~((JA~'• MARCH 2010 13-33 of 34 Mitigation Monitoring Program
•
B A K E R S F I E L D
Mitigation Monitoring Table, Continued
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
CITY OF BAKERSFIELD
Stockdale Ranch
GPA/ZC 09-0263 / Annexation No. 548
SCH No. 2009071068
Mitigation
Summar
of Measure
Im
lementation Phase
Monitorin
Ph
E
f
i
A
Verification of Com liance
Measure
y
p
g
ase
n
orc
ng
gency
Initials Date Remarks
the Director of Public Works. The basins and
erosion control measures shall be shown and
specified on the grading plans and shall be
constructed to the satisfaction of the Director of
Public Works prior to the start of any other grading
operations.
5.14 MINERAL RESOURCES
MM 5.14-3a
implement Mitigation Measures 5.3-1 f and 5.3-1 .
Prior to construction, all abandoned oil wells shall
Prior to construction.
Pre-construction.
City of Bakersfield
be located and exposed for inspection and
Development Services
MM 5
14-3b
leakage testing. Proof of proper abandonment
Department, Planning
.
shall be obtained from DOGGR. Said proof, shall
Division; Division of Oil,
be submitted to the Planning Director prior to
Gas, and Geothermal
recordation of final maps.
Resources.
Abandoned oil wells shall be surveyed and
accurately plotted on all future maps related to
MM 5.14-3c
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.
Prior to tract recordation, DOGGR shall be
contacted to obtain information on the
requirements for and approval to perform
MM 5.14-3d
remedial plugging operations if any other
abandoned or unrecorded wells are uncovered or
dama ed during excavation or grading.
Prior to tract recordation, the on-site abandoned
oil well, KCLG #1, shall be examined for
MM 5.14-3e
contaminated soils. If such soils exist, the soil will
be treated in place with best available
technology, or capped in lace.
mo:/S:/GPA/GPA 2nd 2010/09-0263 Stockdale Ranch/Res_Ord/Exhibit D_Mitigation Monitoring Program
C'J Y 0X,
FINAY FWZMARCH 2010 13-34 of 34 Mitigation Monitoring Program
EXHIBIT F
Zone Change Legal Description
90AK, 9q
y T
m
~ORl INAI
EXHIBIT "F"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
BEING THOSE PORTIONS OF SECTIONS 3 AND 4, TOWNSHIP 30 SOUTH, RANGE 26 EAST,
M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
PARCEL 1: R-2 (FROM "A")
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 3, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND HEATH ROAD; THENCE
ALONG THE FOLLOWING SEVEN (7) COURSES:
1) SOUTH 89°27'59" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 3 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF
1,451.95 FEET; THENCE
2) DEPARTING SAID NORTH LINE AND CENTERLINE, SOUTH 43°11'12" WEST, A
DISTANCE OF 1,233.66 FEET TO THE BEGINNING OF A CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 5,000.00 FEET; THENCE
3) SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°28'04",
AN ARC DISTANCE OF 477.15 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,500.00 FEET, FROM WHICH POINT A
RADIAL LINE BEARS SOUTH 25°41'43" WEST; THENCE
4) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°29'23", AN ARC
DISTANCE OF 405.52 FEET; THENCE
5) NORTH 10°12'20" EAST, A DISTANCE OF 573.37 FEET TO THE BEGINNING OF A
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1,000.00 FEET; THENCE
6) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09°52'00", AN
ARC DISTANCE OF 172.21 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER;
THENCE
7) NORTH 00°20'20" EAST, ALONG SAID WEST LINE, A DISTANCE OF 384.68 FEET TO THE
POINT OF BEGINNING.
CONTAINING 25.49 (GROSS) ACRES, MORE OR LESS.
PARCEL 2: R-3 (FROM "A")
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND HEATH ROAD; THENCE
SOUTH 89°27'59" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 3 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 1451.95 FEET
TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING NINE (9) COURSES:
1) CONTINUING SOUTH 89°27'59" EAST, ALONG SAID NORTH LINE AND CENTERLINE, A
DISTANCE OF 1,198.61 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 3;
THENCE
2) SOUTH 89°29'48" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 3 AND CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF
1,335.17 FEET TO THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND
SOUTH CLAUDIA AUTUMN DRIVE, SAID POINT ALSO BEING THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,500.00
FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 88°34'30" WEST; THENCE
~PKF9
1 of 8 0k
Q:\PROJECTS\680317\LEGALS\0317ZC01.doc GC/JLM 5/11/09 1_-
v
ORIGINAL
EXHIBIT "F"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
3) DEPARTING SAID NORTH LINE AND THE CENTERLINE OF STOCKDALE HIGHWAY,
SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 77°55'15",
AN ARC DISTANCE OF 2,039.96 FEET; THENCE
4) SOUTH 79°20'45" WEST, A DISTANCE OF 860.08 FEET TO THE BEGINNING OF A
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2,000.00 FEET; THENCE
5) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 39°40'08", AN ARC
DISTANCE OF 1,384.71 FEET; THENCE
6) NORTH 60°59'07" WEST, A DISTANCE OF 270.04 FEET TO THE BEGINNING OF A
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1,500.00 FEET; THENCE
7) NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°19'10",
AN ARC DISTANCE OF 86.90 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5,000.00 FEET, FROM WHICH
POINTA RADIAL LINE BEARS NORTH 41°20'44" WEST; THENCE
8) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°28'04",
AN ARC DISTANCE OF 477.15 FEET; THENCE
9) NORTH 43°11'12" EAST, A DISTANCE OF 1,233.66 FEET TO THE POINT OF BEGINNING.
CONTAINING 101.12 (GROSS) ACRES, MORE OR LESS.
PARCEL 3: R-1 (FROM "A")
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND HEATH ROAD; THENCE
SOUTH 89°27'59" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 3 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 2650.56 FEET
TO THE NORTH QUARTER CORNER OF SAID SECTION 3; THENCE SOUTH 89°29'48" EAST,
ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3 AND
CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 1335.17 FEET TO THE POINT OF
BEGINNING, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF STOCKDALE
HIGHWAY AND SOUTH CLAUDIA AUTUMN DRIVE; THENCE ALONG THE FOLLOWING TWENTY
(20) COURSES:
1) CONTINUING SOUTH 89°29'48" EAST, ALONG SAID NORTH LINE AND THE
CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 3.64 FEET TO THE
NORTHWEST CORNER OF PARCEL "A" OF PARCEL MAP WAIVER NO. 22-92, AS
EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED JUNE 28,
1993 IN BOOK 6868, PAGE 1548 OF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN
COUNTY RECORDER; THENCE
2) DEPARTING SAID NORTH LINE AND SAID CENTERLINE, SOUTH 00°55'22" WEST,
ALONG THE WESTERLY LINE OF SAID PARCEL "A", A DISTANCE OF 2,690.48 FEET TO
THE NORTHERLY LINE OF THE CROSS VALLEY CANAL, AS DESCRIBED IN THAT
CERTAIN FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 1, 1981 IN BOOK
5421, PAGE 1531 OF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY
RECORDER, SAID POINT ALSO BEING 45.00 FEET SOUTHERLY, AS MEASURED AT
RIGHT ANGLES TO THE EAST-WEST MID-SECTION LINE OF SAID SECTION 3; THENCE
2 of 8
Q:\PROJECTS\680317\LEGALS\0317ZC01.DOC GC/JLM 5/11/09 a
F- r
U O
ORIGINAL
EXHIBIT "F"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
3) DEPARTING SAID WESTERLY LINE, NORTH 89°00'30" WEST, ALONG SAID NORTHERLY
LINE AND PARALLEL WITH SAID MID-SECTION LINE, A DISTANCE OF 467.96 FEET TO
AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE
4) NORTH 00°59'30" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF
20.00 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE, SAID POINT ALSO BEING
25.00 FEET SOUTHERLY, AS MEASURED AT RIGHT ANGLES TO SAID MID-SECTION
LINE; THENCE
5) NORTH 89°00'30 WEST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF
341.43 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND
GRANTED TO THE KERN COUNTY WATER AGENCY IN GRANT DEED RECORDED
AUGUST 30, 2007 AS DOCUMENT NO. 0207180159, OFFICIAL RECORDS, IN THE
OFFICE OF THE KERN COUNTY RECORDER; THENCE
6) NORTH 00°59'30" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL, A DISTANCE
OF 117.41 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE
7) NORTH 85°23'56" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE
OF 498.22 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE
8) SOUTH 00°59'30" WEST, ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE
OF 148.78 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL, SAID POINT ALSO
BEING A POINT ON SAID NORTHERLY LINE; THENCE
9) DEPARTING SAID WESTERLY LINE, NORTH 89°00'30 WEST, ALONG SAID NORTHERLY
LINE, A DISTANCE OF 237.72 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE;
THENCE
10) SOUTH 00°59'30" WEST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF
20.00 FEET, SAID POINT BEING 45.00 FEET SOUTHERLY, AS MEASURED AT RIGHT
ANGLES TO SAID MID-SECTION LINE; THENCE
11) NORTH 89°00'30" WEST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE
OF 2,417.85 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE, SAID POINT BEING
ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 AND SOUTH
00°20'35" WEST, A DISTANCE OF 45.00 FEET, AS MEASURED ALONG SAID EAST LINE,
FROM THE EAST QUARTER OF SAID SECTION 4; THENCE
12) DEPARTING SAID EAST LINE, NORTH 89°07'14" WEST, CONTINUING ALONG SAID
NORTHERLY LINE, A DISTANCE OF 930.46 FEET; THENCE
13) DEPARTING SAID NORTHERLY LINE, NORTH 00°52'46" EAST, A DISTANCE OF 499.42
FEET; THENCE
14) NORTH 43°21'13" WEST, A DISTANCE OF 111.24 FEET TO THE BEGINNING OF A NOW
TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5,000.00
FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 23°52'10" WEST; THENCE
15) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17°28'34",
AN ARC DISTANCE OF 1,525.08 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1,500.00 FEET, FROM
WHICH POINT A RADIAL LINE BEARS SOUTH 25°41'43" WEST; THENCE
16) SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°19'10",
AN ARC DISTANCE OF 86.90 FEET; THENCE
17)SOUTH 60°59'07" EAST, A DISTANCE OF 270.04 FEET TO THE BEGINNING OF A
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2,000.00 FEET; THENCE
18) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 39°40'08", AN ARC
DISTANCE OF 1,384.71 FEET; THENCE
19) NORTH 79°20'45" EAST, A DISTANCE OF 860.08 FEET TO THE BEGINNING OF A
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,500.00 FEET; THENCE
Q:\PROJECTS\680317\LEGALS\0317ZC01.DOC GC/JLM 5/11/09 3 of 8
rn
ORIGINAL.
EXHIBIT "F"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
20) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 77°55'15",
AN ARC DISTANCE OF 2,039.96 FEET TO THE POINT OF BEGINNING.
CONTAINING 134.05 (GROSS) ACRES, MORE OR LESS.
PARCEL 4: C-2 (FROM "A")
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 4, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND HEATH ROAD; THENCE
ALONG THE FOLLOWING SEVEN (7) COURSES:
1) SOUTH 00°20'20" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 4, A DISTANCE OF 378.94 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1,000.00 FEET, FROM
WHICH POINT A RADIAL LINE BEARS NORTH 89°59'05" WEST; THENCE
2) DEPARTING SAID EAST LINE, SOUTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 10°11'25", AN ARC DISTANCE OF 177.85 FEET; THENCE
3) SOUTH 10°12'20" WEST, A DISTANCE OF 573.46 FEET TO THE BEGINNING OF A NOW
TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,500.00 FEET,
FROM WHICH POINT A RADIAL LINE BEARS SOUTH 10°12'20" WEST; THENCE
4) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09°40'05", AN ARC
DISTANCE OF 253.11 FEET; THENCE
5) NORTH 89°27'45" WEST, PARALLEL WITH THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 4 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A
DISTANCE OF 374.87 FEET; THENCE
6) NORTH 00°32'15" EAST, AT RIGHT ANGLES TO SAID NORTH LINE AND CENTERLINE, A
DISTANCE OF 1,100.00 FEET TO SAID NORTH LINE AND CENTERLINE; THENCE
7) SOUTH 89°27'45" EAST, ALONG SAID NORTH LINE AND CENTERLINE, A DISTANCE OF
735.93 FEET TO THE POINT OF BEGINNING.
CONTAINING 17.88 (GROSS) ACRES, MORE OR LESS.
PARCEL 5: OS (FROM "A")
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND HEATH ROAD; THENCE
NORTH 89°27'45" WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 4 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 735.93 FEET;
THENCE DEPARTING SAID NORTH LINE AND CENTERLINE AT RIGHT ANGLES, SOUTH
00°32'15" WEST, A DISTANCE OF 1100.00 FEET TO THE POINT OF BEGINNING; THENCE
ALONG THE FOLLOWING SIX (6) COURSES:
1) SOUTH 89°27'45" EAST, PARALLEL WITH SAID NORTH LINE AND CENTERLINE, A
DISTANCE OF 374.87 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY,
HAVING A RADIUS OF 1,500.00 FEET; THENCE
2) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°09'28", AN ARC
DISTANCE OF 658.63 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5,000.00 FEET, FROM WHICH
POINT A RADIAL LINE BEARS NORTH 41°20'44" WEST; THENCE
4 of 8 i6AKeq
O:\PROJECTS\680317\LEGALS\0317ZC01.DOC GC/JLM 5/11/09
a
r
U O
ORIGINAL
EXHIBIT "F"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
3) SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17°28'34",
AN ARC DISTANCE OF 1,525.08 FEET; THENCE
4) NORTH 46°01'35" WEST, A DISTANCE OF 1,349.59 FEET; THENCE
5) NORTH 00°32'15" EAST, A DISTANCE OF 45.00 FEET; THENCE
6) SOUTH 89°27'45" EAST, PARALLEL WITH SAID NORTH LINE AND CENTERLINE, A
DISTANCE OF 1,239.43 FEET TO THE POINT OF BEGINNING.
CONTAINING 28.40 (GROSS) ACRES, MORE OR LESS.
PARCEL 6: R-2 (FROM "A")
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND HEATH ROAD; THENCE
NORTH 89°27'45" WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 4 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 735.93 FEET
TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING SEVEN (7) COURSES:
1) DEPARTING SAID NORTH LINE AND CENTERLINE AT RIGHT ANGLES, SOUTH 00°32'15"
WEST, A DISTANCE OF 1,100.00 FEET; THENCE
2) NORTH 89°27'45" WEST, PARALLEL WITH SAID NORTH LINE AND CENTERLINE, A
DISTANCE OF 1,239.43 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 1,500.00 FEET; THENCE
3) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°04'28", AN ARC
DISTANCE OF 368.47 FEET; THENCE
4) SOUTH 76°27'47" WEST, A DISTANCE OF 269.25 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1,500.00 FEET, FROM
WHICH POINT A RADIAL LINE BEARS NORTH 76°27'47" EAST; THENCE
5) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°48'14", AN
ARC DISTANCE OF 361.38 FEET TO THE NORTH-SOUTH MID-SECTION LINE OF SAID
SECTION 4; THENCE
6) NORTH 00°16'01" EAST, ALONG SAID MID-SECTION LINE, A DISTANCE OF 852.82 FEET
TO THE NORTH QUARTER CORNER OF SAID SECTION 4, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND WEGIS AVENUE;
THENCE
7) SOUTH 89°27'45" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 4 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF
1,914.41 FEET TO THE POINT OF BEGINNING.
CONTAINING 48.86 (GROSS) ACRES, MORE OR LESS.
PARCEL 7: R-1 (FROM "A")
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND HEATH ROAD; THENCE
NORTH 89°27'45" WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 4 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 735.93 FEET;
THENCE DEPARTING SAID NORTH LINE AND CENTERLINE AT RIGHT ANGLES, SOUTH
00°32'15" WEST, A DISTANCE OF 1100.00 FEET; THENCE NORTH 89°27'45" WEST, PARALLEL
5 of 8
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ORIGINAL
EXHIBIT "F"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
WITH SAID NORTH LINE AND SAID CENTERLINE, A DISTANCE OF 1239.43 FEET TO THE
POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FOURTEEN (14) COURSES:
1) SOUTH 00°32'15" WEST, A DISTANCE OF 45.00 FEET; THENCE
2) SOUTH 46°01'35" EAST, A DISTANCE OF 1,349.59 FEET; THENCE
3) SOUTH 43°21'13" EAST, A DISTANCE OF 111.24 FEET TO THE BEGINNING OF A NOW
TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 5,105.00 FEET,
FROM WHICH POINT A RADIAL LINE BEARS NORTH 24°17'09" WEST; THENCE
4) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°09'06", AN ARC
DISTANCE OF 2,240.99 FEET; THENCE
5) SOUTH 00°52'46" WEST, A DISTANCE OF 14.88 FEET TO THE NORTHERLY LINE OF
THE CROSS VALLEY CANAL, AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF
CONDEMNATION RECORDED DECEMBER 1, 1981 IN BOOK 5421, PAGE 1531 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID POINT
ALSO BEING 45.00 FEET SOUTHERLY, AS MEASURED AT RIGHT ANGLES TO THE
EAST-WEST MID-SECTION LINE OF SAID SECTION 4; THENCE
6) NORTH 89°07'14" WEST, ALONG SAID NORTHERLY LINE AND PARALLEL WITH SAID
EAST-WEST MID-SECTION LINE, A DISTANCE OF 2,193.94 FEET TO THE WEST LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE
7) DEPARTING SAID NORTHERLY LINE, NORTH 00°12'00" EAST, ALONG SAID WEST LINE,
A DISTANCE OF 45.00 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 4;
THENCE
8) NORTH 00°12'15" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 4, A DISTANCE OF 1,837.31 FEET; THENCE
9) DEPARTING SAID WEST LINE, SOUTH 89°26'40" EAST, PARALLEL WITH THE NORTH
LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 400.67 FEET TO THE
BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,500.00
FEET; THENCE
10) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27°41'08", AN ARC
DISTANCE OF 724.81 FEET; THENCE
11)SOUTH 61°45'32" EAST, A DISTANCE OF 438.79 FEET TO THE BEGINNING OF A
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,500.00 FEET; THENCE
12) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 41°46'41", AN ARC
DISTANCE OF 1,093.75 FEET; THENCE
13) NORTH 76°27'47" EAST, A DISTANCE OF 419.96 FEET TO THE BEGINNING OF A
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,500.00 FEET; THENCE
14) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°04'28", AN ARC
DISTANCE OF 368.47 FEET TO THE POINT OF BEGINNING.
CONTAINING 136.68 (GROSS) ACRES, MORE OR LESS.
PARCEL 8: DI (FROM "A")
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND HEATH ROAD; THENCE
NORTH 89°27'45" WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 4 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 735.93 FEET;
THENCE DEPARTING SAID NORTH LINE AND CENTERLINE AT RIGHT ANGLES, SOUTH
00°32'15" WEST, A DISTANCE OF 1100.00 FEET; THENCE NORTH 89°27'45" WEST, PARALLEL
6 of 8
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ORIGINAL
EXHIBIT "F"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
WITH SAID NORTH LINE AND SAID CENTERLINE, A DISTANCE OF 1239.43 FEET; THENCE
SOUTH 00°32'15" WEST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 46°01'35" EAST, A
DISTANCE OF 1,349.59 FEET; THENCE SOUTH 43°21'13" EAST, A DISTANCE OF 111.24 FEET
TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FOUR (4) COURSES:
1) SOUTH 00°52'46" WEST, A DISTANCE OF 499.42 FEET TO THE NORTHERLY LINE OF
THE CROSS VALLEY CANAL, AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF
CONDEMNATION RECORDED DECEMBER 1, 1981 IN BOOK 5421, PAGE 1531 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID POINT
ALSO BEING 45.00 FEET SOUTHERLY, AS MEASURED AT RIGHT ANGLES TO THE
EAST-WEST MID-SECTION LINE OF SAID SECTION 4; THENCE
2) NORTH 89°07'14" WEST, ALONG SAID NORTHERLY LINE AND PARALLEL WITH SAID
EAST-WEST MID-SECTION LINE, A DISTANCE OF 2,169.60 FEET; THENCE
3) DEPARTING SAID NORTHERLY LINE, NORTH 00°52'46" EAST, A DISTANCE OF 14.88
FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY,
HAVING A RADIUS OF 5,105.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS
NORTH 00°51'57" EAST; THENCE
4) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°09'06", AN ARC
DISTANCE OF 2,240.99 FEET TO THE POINT OF BEGINNING.
CONTAINING 8.63 (GROSS) ACRES, MORE OR LESS.
PARCEL 9: C-O PCD (FROM "A")
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND HEATH ROAD; THENCE
NORTH 89°27'45" WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 4 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 2650.34 FEET
TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTH QUARTER CORNER OF
SAID SECTION 4 AND THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND
WEGIS AVENUE; THENCE ALONG THE FOLLOWING NINE (9) COURSES:
1) DEPARTING SAID NORTH LINE, SOUTH 00°16'01" WEST, A DISTANCE OF 852.82 FEET
TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF
1,500.00 FEET; THENCE
2) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°48'14", AN
ARC DISTANCE OF 361.38 FEET; THENCE
3) SOUTH 76°27'47" WEST, A DISTANCE OF 150.71 FEET TO THE BEGINNING OF A
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,500.00 FEET; THENCE
4) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 41 °46'41 AN ARC
DISTANCE OF 1,093.75 FEET; THENCE
5) NORTH 61°45'32" WEST, A DISTANCE OF 438.79 FEET TO THE BEGINNING OF A
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,500.00 FEET; THENCE
6) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°37'06", AN ARC
DISTANCE OF 382.71 FEET; THENCE
7) NORTH 13°37'22" EAST, A DISTANCE OF 45.00 FEET; THENCE
8) NORTH 00°12'15" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 740.01 FEET TO THE NORTH LINE OF THE NORTHWEST
Q:\PROJECTS\680317\LEGALS\0317ZC01.DOC GC/JLM 5/11/09 7 Of 8 o~gRKF9~,
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U p
! i i1NAL
EXHIBIT "F"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
QUARTER OF SAID SECTION 4 AND THE CENTERLINE OF STOCKDALE HIGHWAY;
THENCE
9) SOUTH 89°26'40" EAST, ALONG THE SAID NORTH LINE AND CENTERLINE, A
DISTANCE OF 1,899.63 FEET TO THE POINT OF BEGINNING.
CONTAINING 49.31 (GROSS) ACRES, MORE OR LESS.
PARCEL 10: C-1 (FROM "A")
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND HEATH ROAD; THENCE
NORTH 89°27'45" WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 4 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 2650.34 FEET
TO THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°26'40" WEST,
ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND
CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 1899.63 FEET TO THE POINT OF
BEGINNING; THENCE ALONG THE FOLLOWING SIX (6) COURSES:
1) DEPARTING SAID NORTH LINE AND CENTERLINE, SOUTH 00°12'15" WEST, PARALLEL
WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 740.01 FEET;
THENCE
2) SOUTH 13°37'22" WEST, A DISTANCE OF 45.00 FEET TO THE BEGINNING OF A NOW
TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,500.00 FEET,
FROM WHICH POINT A RADIAL LINE BEARS SOUTH 13°37'22" WEST; THENCE
3) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°04'02", AN ARC
DISTANCE OF 342.10 FEET; THENCE
4) NORTH 89°26'40" WEST, PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST
QUARTER AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 400.67
FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE
5) NORTH 00°12'15" EAST, ALONG SAID WEST LINE, A DISTANCE OF 745.00 FEET TO THE
NORTHWEST CORNER OF SAID SECTION 4, SAID POINT ALSO BEING THE
CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND NORD ROAD; THENCE
6) SOUTH 89°26'40" EAST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER
AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 750.01 FEET TO
THE POINT OF BEGINNING.
CONTAINING 12.93 (GROSS) ACRES, MORE OR LESS.
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ORIGINAL