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HomeMy WebLinkAboutRES NO 029-14RESOLUTION NO. 029-14 RESOLUTION OF THE CITY COUNCIL CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND APPROVING THE 24TH STREET IMPROVEMENT PROJECT WHEREAS, the California Department of Transportation (Caltrans) in cooperation with the City of Bakersfield have proposed to widen roadways and make intersection improvements on State Route 58 west of State Route 99, and on State Route 178 east of State Route 99 in the City of Bakersfield in Kern County, as shown in attached Exhibit A -1 ( "Project "); and WHEREAS, the purpose of the Project is to address existing traffic congestion and future travel demand (amount of additional traffic expected by 2035) along 241, Street, The Project includes improvements along 24th Street from the southbound State Route 99 ramp intersection to 0.2 mile east of M Street, for a distance of about 2,1 miles; and improvements on State Route 99 for the northbound auxiliary lane from 1,500 feet south of and to the Kern River Bridge. The Project is divided into the following four segments: • Segment 1: State Route 99 /State Route 58 /State Route 178 interchange improvements (from the southbound State Route 99 off -ramp intersection to the west end of the Kern River Bridge) including addition of the northbound State Route 99 auxiliary lane • Segment 2: 24th Street /Oak Street intersection and 24th Street widening (from the west end of the Kern River Bridge to Olive Street) • Segment 3: 24t1 Street widening (from Olive Street to D Street) • Segment 4: 23rd Street /24th Street couplet (from D Street to 0.2 mile east of M Street) WHEREAS, on January 16, 2014 at their regular public meeting, the Planning Commission recommended that the City Council certify the Final Environmental Impact Report (Final EIR) for the Project that includes mitigation measures, a Statement of Facts and Findings, a Statement of Overriding Considerations, and a mitigation monitoring program; and WHEREAS, the Clerk of the City Council set Wednesday, January 22, 2014 at 5:15 p.m, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider certification of the Final EIR and approval of the Project, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the public hearing was continued to February 12, 2014 to allow for additional public comments on the Final EIR and Project; and WHEREAS, during the public hearing, the City Council considered all facts, testimony, and evidence including all staff correspondence and reports, the Final EIR, technical studies, public correspondence, and the Planning Commission's deliberation and action, Page 1 of 3 WHEREAS, three alternatives to the Project were considered; widening to the north (Alternative 1), widening to the south (Alternative 2), and a "No Build Alternative ". Alternative 1, the alternative that would widen 24th Street to the north and would encompass the State Route 99 interchange and auxiliary lane, the Oak Street /24th Street intersection, the 24th Street widening to the north, and the 24th Street couplet area has been identified as the preferred Project alternative. This widening would add two travel lanes (one in each direction) on 241h Street and the roadway alignment would be shifted north of its existing alignment approximately 17 feet, which would minimize the right -of -way acquisition on the south side of 24th Street required for the roadway widening. This alternative meets the defined project objectives, engineering considerations, key project characteristics, and potential environmental impacts, and is the best choice for achieving the project's purpose to address existing traffic congestion and future travel demand along 24th Street. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council 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. All required notices have been given. 3. The provisions of CEQA have been followed regarding the preparation of the Environmental Impact Report for the proposed project. 4. The Planning Commission's findings and conclusions as contained in its Resolution No. 05 -14 is hereby adopted. 5. The Final EIR has been received, reviewed, and considered for the Project, and the findings and conclusions contained therein reflects the lead agency's independent judgment and analysis. 6. The Final EIR for the Project is hereby certified and adopted subject to the mitigation measures, a Statement of Facts and Findings, a Statement of Overriding Considerations, and a mitigation monitoring program as contained in Exhibit A for the Project, which is incorporated herein. 7. The 24th Street Widening project is hereby approved with the selection of Alternative 1 (widening to the north) as the preferred project alternative, 8. The Planning Division of the Community Development Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provision of Section 21152 of the Public Resources Code and Section 15094 of the State CEQA Guidelines adopted pursuant thereto. --- - - - - -- 000-- - - - - -- Page 2 of 3 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on FEB 12 2014 by the following vote; COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON COUNCILMEMBER MOLY. w 8TAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER r ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 121014 10� Ken Weir Vice -Mayor APPROVED as to form: VIRGINIA GENNARO City rney By: ANDREW HEGLUND Deputy City Attorney EXHIBIT A -1 241h Street Improvement Project Location Map A -2 Statement of Facts, Findings, and Mitigation Measures A -3 Statement of Overriding Considerations A -4 Mitigation Monitoring Program A -5 Public Works Memorandum Page 3 of 3 Fes; fi;: M Z 0 0 X LLI O O B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 EXHIBIT A -2 STATEMENT OF FACTS AND FINDINGS I. 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 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. " 1 of 51 • B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 The Final Environmental Impact Report (EIR) for the 24th Street Improvement 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 D). A Mitigation Monitoring Program will be adopted as part of the Resolution. II. PROJECT DESCRIPTION The Project is divided into the following four segments: • Segment 1: State Route 99 /State Route 58 /State Route 178 interchange improvements (from the southbound State Route 99 off -ramp intersection to the west end of the Kern River bridge) including addition of the northbound State Route 99 auxiliary lane • Segment 2: 24th Street /Oak Street intersection and 24th Street widening (from the west end of the Kern River bridge to Olive Street) • Segment 3: 24th Street widening (from Olive Street to D Street) • Segment 4: 23rd Street /24th Street couplet (from D Street to 0.2 mile east of M Street). The proposed improvements by project Segment are described below. Segment 1 —State Route 99 /State Route 58 /State Route 178 Interchange Improvements and Northbound State Route 99 Auxiliary Lane Improvements to the State Route 99 ramps would include the following changes at the interchange intersections with 24th Street /Rosedale Highway (State Route 58): • Improve the westbound loop on -ramp from Rosedale Highway (State Route 58) to southbound State Route 99 from one lane to two lanes within the existing pavement width. • Improve northbound State Route 99 to include a 1,300 -foot auxiliary lane before the State Route 99 northbound off -ramp at 24th Street (State Route 178). With the auxiliary lane option, the northbound off -ramp would be changed from a one -lane off -ramp to a two -lane off -ramp. A retaining wall up to 11 feet high (exposed height) with a concrete barrier on top would be built at the edge of shoulder from the beginning of the improvements to the existing Kern River bridge. No structural improvements would be made to the existing State Route 99 Kern River bridge; however, there would be restriping for the auxiliary lane and a two -lane departure. • Improve the westbound 24th Street (State Route 178) approach to Buck Owens Boulevard from three through lanes and one right -turn lane to three through lanes and two lanes aligning with the southbound State Route 99 loop on -ramp, one on- ramp lane, and one shared through /right -turn lane. The section would include a bike , 2 of 51� �� • 8 A K E R S F I E L D CITY OF BAKERSFIELD 24t" Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 lane, 12- foot -wide lane, 5- foot -wide shoulder, 5- foot -wide sidewalk, 10- to 12 -foot- high (exposed height) retaining wall, and a 3- foot -high concrete barrier. The three westbound lanes, which would go under the State Route 99 superstructure, would be separated from the on -ramp lanes by a raised median. The bike lane begins at the beginning of the right turn pocket, approximately 200 feet west of the Kern River bridge and extends to Buck Owens Boulevard. The bike lane would align with the 8- foot wide right shoulder of the westbound through lanes along 24th Street (State Route 178) under State Route 99. The three westbound through lanes continue westerly on 24th Street. A retaining wall would be required under State Route 99 to support the north abutment slope. The lanes would be 12 feet wide with an 8 -foot- wide shoulder, an 8- foot -wide sidewalk, and a 4- to 8- foot -high (exposed height) retaining wall. • Improve the southbound Buck Owens Boulevard approach to 24th Street from two left -turn lanes and one right -turn lane to two left -turn lanes and two right -turn lanes. All lanes of the approach would be 12 feet wide, • Improve the northbound State Route 99 northbound off -ramp from two left -turn lanes and one free right -turn lane to three left -turn lanes and one free right -turn lane. The additional left -turn lane would be 12 feet wide with a 4- foot -wide left shoulder. Eastbound 24th Street would remain as is with three through lanes and an additional lane at the northbound State Route 99 off -ramp free right. Segment 2 -24th Street /Oak Street Intersection and 24th Street Improvements (from the west end of the Kern River Bridge to Olive Street) Segment 2 improvements include the following: • The existing 24th Street bridge over the Kern River, between Oak Street and Buck Owens Boulevard, would require construction within the limits of the bridge to remove the existing raised median and rebuild a 3 -foot, 3- inch -wide raised median near the middle of the bridge to accommodate four 12- foot -wide lanes, a 6 -foot- wide right shoulder, and a 1- foot -wide left shoulder in each direction. The existing curb and 5- foot -wide sidewalks in the westbound direction and the existing concrete barrier in the eastbound direction would stay. • Improve the northbound Oak Street approach to 24th Street from one left -turn lane, one shared left- turn /through lane, and one right -turn lanes to two left -turn lanes, one shared left- turn /through lane, and two right -turn lanes. A raised /striped median or a "pork chop (island)" will be installed for right turn movements onto eastbound 24th Street. The section would consist of three through lanes, shoulders, a bike lane, and an 8- foot -wide parkway. E; N ' 3 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 • A new 6- foot -wide sidewalk would be built next to the existing curb on the west side of Oak Street from the 24th Street intersection toward 22nd Street. Curb, gutter, and sidewalk would be built on the east side of Oak Street from the 24th Street intersection toward 22nd Street. • Restripe the southbound Oak Street lane approach to 24th Street from one shared left- turn /through lane and one right -turn lane to one left -turn lane and one shared through /right -turn lone. • Improve the eastbound 24th Street approach to Oak Street from two through lanes to four through lanes leaving the existing one left -turn lane and one right -turn lane. A 9- foot -high (exposed height) retaining wall with a 3- foot -high barrier at Beach Park at the southwest quadrant of the intersection would be built. • Improve the westbound 24th Street approach to Oak Street from one through lane to three through lanes. • Build westbound and eastbound bus turnouts. Segment 3 -24th Street Widening (from Olive Street to D Street), with a Reverse Curve (S -curve) Segment 3 improvements include the following; • Widen 24th Street between Olive Street and D Street to the north, adding two travel lanes (one in each direction). The proposed roadway alignment would be shifted north of the existing alignment about 17 feet, which would minimize the right -of -way acquisition on the south side of 24th Street required for the roadway widening. Eleven driveways along the north side of 24th Street would be eliminated. The impacts include reconstruction of Carrier Canal on the north and south sides of 24th Street to accommodate the widening. The parkway on the north side, between Olive Street and Carrier Canal, would vary in width from 10 feet to 15 feet to accommodate sight distance at Olive Street. Carrier Canal would be extended on the north and south sides of 24th Street to accommodate widening of 24th Street. The north side would require about 10 feet of culvert extension in addition to reconstructing about 30 feet of transition area; the south side would require about 100 feet of culvert extension in addition to reconstructing about 30 feet of transition. • Build raised medians along 24th Street, restricting cross - street access to right- in /right- out -only vehicular movements, with left -turn movements off of 24th Street allowed at two eastbound intersections (Beech Street and C Street), but not at any westbound intersections. • Add a frontage road between Elm Street and Beech Street. On the north side of 24th Street, a two -way frontage road connecting Elm Street to Beech Street would provide additional access to Elm Street. On the south side of 24th Street, Elm Street 4of51 B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 (which is currently barricaded) would be improved to a cul -de -sac, designed to minimize the overall amount of required property acquisitions while meeting City fire department standards. • Eliminate B Street access from the eastbound couplet and install a cul -de -sac just south of 23rd Street while maintaining permanent driveway access to adjacent properties, This segment of the 24th Street widening includes a reverse curve that begins along 24th Street near A Street and ends along 23rd Street near D Street. The reverse curve would include the following features: • Close D Street north leg at 23rd Street intersection due to sight distance limitations. A turn - around design per City standards would be built on D Street at this location. A permanent easement would be required within the existing parking area north of the alley on the west side of D Street to provide a turnaround for fire trucks, • Add a lane on 23rd Street at B Street, • Open the southbound approach of C Street onto 23rd Street to allow left -in, left -out access and to help circulation to and from existing buildings. Segment 4 -23rd Street /24th Street Couplet (from D Street to 0.2 mile east of M Street) Segment 4 improvements include the following: • Improvements to the 23rd Street/ 24th Street couplet, including removing existing on- street parking along both sides of 23rd and 24th Streets, rehabilitating the roadway, and restriping to allow an additional travel lane in each direction. The roadway rehabilitation would include rebuilding the pavement, improving curb and drainage facilities, providing Americans with Disabilities Act pedestrian curb ramps, changing traffic signals and adding bus turnouts, The design of the couplet area would include the following: o The intersection of 24th Street and K Street would be changed to prevent a right turn from southbound K Street onto westbound 24th Street. A raised curb and sidewalk would extend halfway into K Street to prevent the right turn. A permanent easement within the existing parking area would be required on the west side of K Street, just north of the intersection, to provide a hammerhead cul- de-sac design for fire truck movements. o Along westbound 24th Street, the Project would end at the State Route 178 undercrossing, about 0.2 mile east of M Street. The existing undercrossing consists of three through lanes. A fourth lane would be added just 5 of 51 • �� B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 west of the undercrossing. No construction on the undercrossing is expected. The 24th Street Frontage Road would join 24th Street just east of M Street as it is under the existing condition, and a fifth through lane of traffic would be added at the M Street intersection. The rightmost lane would be dropped between M Street and K Street. • Along eastbound 23rd Street, the Project would end at the Union Avenue off - ramp, about 0.2 mile east of M Street. Four eastbound through lanes would be built through the M Street intersection. The fourth through lane would become the off -ramp, and the three existing through lanes would continue to the undercrossing. No construction on the undercrossing is planned. • A midblock bus turnout would be provided on westbound 24th Street between E Street and F Street. A far -side bus turnout would be provided on eastbound 23rd Street just east of G Street, III. FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS The City of Bakersfield, as Lead Agency and decision -maker for the Project, has reviewed and considered the information contained in both the Draft and Final EIRs prepared for the 24th Street Improvement 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 24th Street Improvement 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 unavoidable impacts on Cultural Resources (Historical Resources only) may occur with future development in conjunction with implementation of the 24th Street Improvement Project, despite mitigation. 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, as Lead Agency for the environmental review of the Project, makes the following findings with regard to the environmental review process undertaken to analyze the potential environmental impacts of the Project: 1. 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 April 11, 2008, and concluding on May 12, 2008. 6of51 B A K E R S F I E L D CITY OF BAKERSFIELD 24`h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 2. During the circulation period for the NOP, the City of Bakersfield, as Lead Agency, advertised and conducted a public scoping meeting on April 30, 2008, at the Kern County Superintendent of Schools Office. 3. A Draft EIR was prepared which analyzed project - related impacts related to the following environmental issue areas: land use, community impacts including community character and cohesion, relocations and property acquisitions, and environmental justice, utilities and emergency services, traffic and transportation including pedestrian and bicycle facilities, visual /aesthetics, cultural resources, water quality and storm water runoff, paleontology, hazardous waste or materials, air quality, noise and vibration, energy, and biological resources. Project alternatives and cumulative effects were also analyzed in the Draft EIR. 4. During the Draft EIR's public review period (a total of 53 days) which began on May 23, 2012 and concluded on July 16, 2012, the City of Bakersfield held a noticed public hearing on July 5, 2012, regarding the Draft EIR, The public was afforded the opportunity to provide written and oral comments 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 and oral comments received from both citizens and the public agency during the public review period. 5. 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 and which include the following: (1) Final EIR (Volume 1 of 2) including technical appendices; (2) Comments and Responses (Volume 2 of 2); (3) Mitigation Monitoring and Reporting Program; and (4) all attachments, incorporations and references to the documents identified above. 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. Custodian and Location of Records The documents and other materials which constitute the administrative record for the City's actions related to the Project are located at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, California 93301. The Planning Department is the custodian of the administrative record for the Project, This information is provided in compliance with Public Resources Code Section 21081,6(a)(2) and 14 California Code Regulations Section 15091(e). 7of51 B A K E R S F I E L D CITY OF BAKERSFIELD 24`h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 V. FINDINGS REGARDING IMPACTS CONSIDERED INSIGNIFICANT The Final EIR determined that the following environmental parameters would result in insignificant impacts and therefore, require no mitigation measures; AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? No 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 Project site is an existing arterial roadway, and is relatively flat with no significant topographic relief or features. Commercial, open space, and roadway uses are in the western portion of the Project area; residential uses are in the central portion of the Project area; and commercial uses are in the eastern portion of the Project area. The Project area is mostly developed, and views from this corridor consist of urban development, open spaces, and the Kern River; however, the area is not regarded or designated as visually important or "scenic" in the Metropolitan Bakersfield General Plan (MBGP), Additionally, development of the Project would not block or 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 Project and no impacts would occur. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings and historic buildings within a state scenic highway? No Impact. As discussed immediately above, the Project site is an existing arterial roadway. According to Caitrans' California Scenic Highway Program and the National Scenic Byways Program, the 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. Additionally, the Project is not visible from a designated local scenic highway /roadway /trail and does not contain scenic resources, including trees or rock outcroppings. There are no historical resources located within a designated scenic highway. Therefore, scenic resources associated with a state scenic highway would not be affected and no impacts would occur. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? No Impact. The Project site is currently zoned as commercial, industrial, mixed use, open space, public facilities and residential. The Project area is not zoned for agricultural uses. Therefore, the Project would not convert farmland designated as Prime, Unique or of Statewide Importance to non - agricultural uses and no impacts would occur, � 1 r: 8 of 51 e B A K E R S F I E L D CITY OF BAKERSFIELD 24'h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 b) Conflict with existing zoning for agricultural use or a Williamson Act Contract? No Impact. The Project area is not zoned for agricultural use and no Williamson Act Contracts would be affected by the Project. Therefore, the Project would not conflict with existing zoning for agricultural use or a Williamson Act Contract and no impacts would occur. c) Involve other changes in the existing environment that, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? No Impact. The Project area is comprised of commercial, industrial, mixed use, open space, public facilities and residential uses. There is no farmland in the immediate vicinity that could be converted to a non - agricultural use. Therefore, the Project would not result in changes in the existing environment that, due to their location or nature, could result in conversion of Farmland, to non - agricultural use and no impacts would occur. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The Project is listed in the Kern Council of Governments 2013 Federal Transportation Improvement Program. The Project is also included in the 2011 financially constrained Regional Transportation Plan Amendment No. 1. The design concept and scope of the Project is consistent with the project description in both of these plans, No impacts would occur. In addition, The Project would not substantially contribute to or cause deterioration of existing air quality; therefore, mitigation measures are not required for the long -term operation of the project. The Project is also considered consistent with the City of Bakersfield and Kern County General Plans and the San Joaquin Valley Air Pollution Control District and Kern Council of Governments Air Quality Management Plan forecasts. Therefore, the Project would not conflict with or obstruct the implementation of an applicable air quality plan and no impacts would occur. e) Create objectionable odors affecting a substantial number of people? No Impact Construction activities associated with the Project may generate detectable odors from heavy -duty equipment exhaust. Odors associated with diesel and gasoline fumes are transitory in nature and would not create objectionable odors affecting a substantial number of people. The impacts from these odors would be short -term and would cease upon Project completion. Therefore, the Project would no create objectionable odors affecting a substantial number of people and no impacts would occur. t'= 9 of 51 • B A K E R S F I E L D BIOLOGICAL RESOURCES. Would the project: CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. No federally protected wetlands were found in the Biological Study Area. A detention basin lies in the eastern end of the Project study area, but it is not subject to U.S, Army Corps of Engineers jurisdiction. Fieldwork for the jurisdictional delineation was done by qualified biologists on August 19, 2008, Follow -up field visits were done on April 3, September 9, and November 18, 2009, and January 21, 2010. Based on fieldwork, it was determined that although there are no federally protected wetlands, there are jurisdictional features (non - wetland waters) in the Biological Study Area that are subject to the jurisdiction of the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and Regional Water Quality Control Board, Therefore, the Project would not have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means and no impacts would occur. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. No biological resources and /or trees that are protected by local policies or ordinances are present within the Project area, Therefore, the Project would not conflict with any local policy or other ordinances protecting biological resources, such as a tree preservation policy or other ordinances and no impacts would occur. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project area is included within the Metropolitan Bakersfield Habitat Conservation Plan and impacts to biological resources would be mitigated through the plan. Therefore, the Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan and no impacts would occur. GEOLOGY AND SOILS. Would the project: a) i) Expose people or structures to potential substantial adverse effects including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the state Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42, No Impact. The Project area is located in the center portion of Kern County, which is an area of known seismic activity. The risk of seismic hazards such as fault rupture cannot be avoided. It should be noted however, that the Project entails the widening of an existing roadway and does not include habitable structures such as buildings. It does include the 10of51 B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 construction of soundwalls and these structures would be built according to standard engineering design measures, as required by the State of California Uniform Building Code to minimize potential earthquake impacts. The general intent of the building and construction design codes is to minimize structural damage resulting from a seismic event. Therefore, the Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault and no impacts would occur, a) ii) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Strong seismic ground shaking? No Impact. All residents and structures located California, including the City of Bakersfield are subject to seismic events, such as strong seismic ground shaking. The Project entails the widening of an existing roadway and does not include habitable structures, such as buildings, It does include the construction of soundwalls and these structures would be built according to standard engineering design measures, as required by the State of California Uniform Building Code to minimize potential earthquake impacts, The general intent of the building and construction design codes is to minimize structural damage resulting from a seismic event. Therefore, the Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking and no impacts would occur. a) iii) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Seismic - related ground failure, including liquefaction? No Impact. According to the Metropolitan Bakersfield General Plan, the Project is not located within an area of high groundwater that would be subject to seismic - related ground failure, including liquefaction. The Project entails the widening of an existing roadway and does not include habitable structures, such as buildings. It does include the construction of soundwalls and these structures would be built according to standard engineering design measures, as required by the State of California Uniform Building Code to minimize potential earthquake impacts. The general intent of the building and construction design codes is to minimize structural damage resulting from a seismic event, Therefore, the Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic - related ground failure, including liquefaction and no impacts would occur. a) iv) Expose people or structures to potential substantial adverse effects, including the risk of loss injury, or death involving: Landslides? No Impact. According to the Metropolitan Bakersfield General Plan, due to the relatively flat topography and the lack of steep slopes in the Project area, landslides are not considered to be a potentially significant geologic hazard. The Project entails the widening of an existing roadway and does not include habitable structures, such as buildings, it does include the construction of soundwalls and these structures would be built according to standard engineering design measures, as required by the State of California Uniform Building Code to minimize potential geologic impacts. The general 11 of 51��' -gym B A K E R S F I E L D CITY OF BAKERSFIELD 24" Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 intent of the building and construction design codes is to minimize structural damage resulting from a geologic or seismic event. Therefore, the Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides and no impacts would occur. b) Result in substantial soil erosion or the loss of topsoil? No Impact. The Project entails widening of an existing arterial roadway and would be subject to the City of Bakersfield ordinances and standards relative to soils and geology, Construction would not result in substantial soil erosion or the loss of topsoil and no impacts would occur, c) 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? No Impact. The Project entails widening of an existing arterial roadway and would be subject to the City of Bakersfield ordinances and standards relative to soils and geology. There are no habitable structures proposed, The Final EIR determined that there are no issues related to on -site or off -site landslide, lateral spreading, subsidence, liquefaction or collapse and no impacts would occur, d) 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? No Impact. Refer to response (c) immediately above. Therefore, no impacts would occur. e) 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. The Project entails widening of an existing arterial roadway and would not require the use of septic tanks and no impacts would occur. GREENHOUSE GAS EMISSIONS. Would the project; a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? No Impact. An individual project does not generate enough greenhouse gas emissions to significantly influence global climate change. Rather, global climate change is a cumulative impact. This means that a project may contribute to a potential impact through its incremental change in emissions when combined with the contributions of all other sources of greenhouse gases. In assessing cumulative impacts, it must be determined if a project's incremental effect is "cumulatively considerable" (California Environmental Quality Act Guidelines sections 15064(h)(1) and 15130). To make this determination the incremental impacts of the project must be compared with the effects of past, current, and probable future projects. To gather sufficient information on It, 12 of 51 11111Z 0 B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 a global scale of all past, current, and future projects in order to make this determination is a difficult, if not impossible, task While greenhouse gas emissions will slightly increase during construction, it is expected the Project would not increase any operational greenhouse gas emissions. Based on the project resulting in less congestion and improved operations, the City of Bakersfield expects that greenhouse gas emissions would not increase in the future build conditions when compared to the future no -build conditions. In addition, there are also limitations with the use of Emission Factor Model (EMFAC) (which is used to calculate emissions) and with assessing what a given carbon dioxide emissions increase means for climate change. Therefore, it is the City's determination that in the absence of further regulatory or scientific information related to greenhouse gas emissions and California Environmental Quality Act significance, it is too speculative to make a determination regarding significance of the project's direct impact and its contribution on the cumulative scale to climate change. Therefore, no impacts would occur. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact. While there are several State Senate and Assembly bills and executive orders in the State of California to deal with greenhouse gas emissions and climate change, these bills and orders outline goals to have the State reduce the total greenhouse gas emissions, reduce automobile and light -truck greenhouse gas emissions, and setting forth low carbon fuel standards for the State. None of these bills or orders are directly related to the Project. There are also Executive Orders at the federal level aimed at reducing greenhouse gas emissions. Again, these Orders offer no specific strategies to reduce greenhouse gas emissions, only outlines of goals to reduce greenhouse gas emissions. While the Project greenhouse gas emissions will slightly increase during construction, it is expected the Project would not increase any operational greenhouse gas emissions. Based on the Project resulting in less congestion and improved operations, it is expected that greenhouse gas emissions would not increase in the future build conditions when compared to the future no -build conditions. Therefore, there would be no conflicts with applicable plans, policies or regulations adopted for the purpose of reducing the emissions of greenhouse gases. No impacts would occur. HAZARDS AND HAZARDOUS MATERIALS. Would the project: d) Be on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public? No Impact. According to the Initial Site Assessment conducted for the project location, database search results did not find any Government Code Section 65962.5 sites located with the project footprint (disturbance area). Therefore, the Project is not on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and would not create a significant hazard to the public and as such, no impacts would occur. 13of51 • B A K E R S F I E L D CITY OF BAKERSFIELD 241h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 e) 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? No Impact. The 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 3 miles north of the Project. Therefore, the Project is a sufficient distance from these areas and would not have the potential to expose people to associated safety hazards. Additionally, the 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 Project would not result in a safety hazard from airports for people working or residing in the Project area and no impacts would occur. f) 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? No Impact. Joe Gottlieb Field, a private airstrip, is located approximately 6 miles west of the Project. The runway is treated dirt that is 2,300 feet long, 40 feet wide, and runs east to west. Because the Project entails roadway widening of an existing roadway and is located some 6 miles from this private airstrip, it would not cause a safety hazard for people residing or working thin the Project area. No impacts are anticipated. h) 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? No Impact. The Project is not located adjacent to a wildland area. The existing roadway is not considered susceptible to wildland fires. Therefore, the Project would not 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 and as such, no impacts would occur. HYDROLOGY AND WATER QUALITY. Would the project; g) 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? No Impact. The project does not include the construction of housing and no work would be performed within the 100 -year floodplain of the Kern River. All work would be performed from the 24th Street bridge deck and would not extend below the Base Flood Elevations established by the Federal Emergency Management Agency. Therefore, the Project would not 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 and as such, no impacts would occur. h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? 14 of 51 • B A K E R S F I E L D CITY OF BAKERSFIELD 24`h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 No Impact. The Project is not located within a 100 -year flood hazard area. Refer to response Hydrology and Water Quality, h) immediately above. Therefore, the Project would not place within a 100 -year flood hazard area structures which would impede or redirect flood flows and as such, no impacts would occur. i) 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? No Impact. Isabella Dam, which is located approximately 40 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 be required. The Project entails widening of an existing arterial roadway and does not propose habitable structures. Therefore, the Project would not expose people or structures to flooding as a result of a failure of a levee or dam. No impacts would occur. j) Inundation by seiche, tsunami, or mudflow? No Impact. Although the Carrier Canal and the Kern River crosses the Project, there are no large bodies of open water located on or adjacent to the Project site, Lake Isabella Dam is located some 40 miles northeast and the Pacific Ocean is located some 100 miles to the west of the project site, Therefore, the Project is not considered susceptible to a seiche or tsunami. The Project is also not located at the foot of any significant topographical feature with the potential to be subject to mudflow and the Kern River is extensively managed for flood and mudflow through floodplain ordinance protections and other development restrictions. No impacts would occur. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? No Impact. The Project would not divide an established community. The Project entails the widening of an existing arterial roadway within the Bakersfield residential neighborhoods of Riviera and Westchester, No impacts would occur. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding of mitigating an environmental effect? No Impact. The Project is included in several local and regional planning documents and is consistent with the goals, policies, and land use designations of those documents. The Project is consistent with the regional mobility goals of the Kern Council of Governments (COG), Caltrans, and the City. The Project is also consistent with applicable City General Plan goals and policies to improve transportation corridors, provide adequate infrastructure, maintain efficient traffic operations on City streets, and work with Kern 15 of 51 e B A h E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 COG and Caltrans to improve the corridor. No impacts would occur. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. See Biological Resources, f) above for more information. No impacts would occur. MINERAL RESOURCES. Would the project: a) 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? No Impact. The Project entails the widening of an existing arterial roadway and does not include or preclude the extraction of mineral resources. However, Bakersfield has large oil deposits under it. Active oil and gas production fields are located around the city, The Project would not increase rates of existing oil extraction or affect production for any on- site oil wells. The Project would not result in the loss or availability of mineral resources of value to the region or the residents of the state, No impacts would occur. b) 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. See Mineral Resources, a) above and also see Land Use and Planning, b) above, No impacts would occur. NOISE. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The Project is not located within an airport land use plan or within two miles of a public use airport. In addition, the 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 impacts would occur. f) 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? No Impact. Joe Gottlieb Field, a private airstrip, is located approximately 6 miles west of the Project. The Project entails the widening of an existing arterial roadway and would not have the potential to expose people to excessive noise generated by aircraft or airport operations. No impacts would occur. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? t` 16 of 51 • B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 No Impact. The Project is located in downtown Bakersfield and entails the widening of an existing arterial roadway, The Project area is entirely built out, and any new development would be subject to general plan and zoning regulations. 24th Street is an existing transportation facility and its improvement is consistent with the approved regional, local, and transportations plans and anticipated population growth. Therefore, the Project would not result in population growth impacts, No impacts would occur. PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Other public facilities? No Impact. The Project entails the widening of an existing arterial roadway and does not propose the construction of new or physically altered government facilities. The impact of the Project on service ratios, including response times were evaluated and determined to be adequate both during construction and operation of the Project. No impacts would occur. RECREATION. Would the project: b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? No Impact. The Project entails the widening of an existing arterial roadway and does not propose the construction of recreational facilities that might have an adverse physical effect on the environment, No impacts would occur. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets highways and freeways pedestrian and bicycle paths and mass transit? No Impact. The Project does not conflict with any plan, ordinance or policy regarding the performance of the circulation system including mass transit and non - motorized travel or intersections, streets, highways, freeways, pedestrian and bicycle paths and mass transit, The Project is consistent with the Metropolitan Bakersfield General Plan, the Kern COG's Federal Transportation Improvement Program, Assembly Bill 1358 - Complete Streets Act, and the Bakersfield Systems Plan. No impacts would occur. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? !r 17 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24'h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 No Impact. See response to Transportation /Traffic, a) above. In addition, according to the Metropolitan Bakersfield General Plan, the City of Bakersfield strives to maintain a target Level of Service C on its roadways. Caltrans District 6 strives to maintain a target Level of Service at the transition between Level of Service C and Level of Service D on all state facilities within the district. The Project would improve Level of Service within the study area. In addition, the Project is intended to relieve existing and future congestion. No impacts would occur. c) 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? No Impact. The Project entails the widening of an existing arterial roadway and would not affect any airport or air traffic patterns. Therefore, the Project would have no impacts on air traffic patterns, levels, or locations or associated safety risks. No impacts would occur. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact The Project design would improve existing and future traffic conditions by reducing queuing and improving operations to acceptable levels of service at thirteen intersections by 2035. The Project would also improve the curve design at the 24th and 23rd Street couplet, making it safer for motorist. The Project is an existing arterial roadway and would be consistent with its current use. No impacts would occur. 0 Conflict with adopted policies plans or programs regarding public transit, bicycle, or pedestrian facilities or otherwise decrease the performance or safety of such facilities? No Impact. The Project is identified in several adopted local and regional transportation planning documents as an important and necessary component of the transportation system. It is consistent with the mobility goals and policies of Kern Council of Governments, Caltrans, and the City, The Project is also consistent with the City General Plan goals and policies to improve transportation corridors, provide adequate infrastructure, maintain efficient traffic operations on City streets, and work with Kern COG and Caltrans to improve the corridor. No impacts would occur. UTILITY AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. The Project entails the widening of an existing arterial roadway and would not generate any wastewater. No impacts to existing treatment facilities would occur since no residential, commercial, or industrial land uses are proposed. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ^ � �i f• 18 of 51 • B A K E R S F I E L D CITY OF BAKERSFIELD 24t" Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 No Impact. The Project entails the widening of an existing arterial roadway and would not generate the need for water or wastewater treatment facilities or their expansion, since no residential, commercial, or industrial land uses are proposed. No impacts would occur. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact, The Project entails the widening of an existing arterial roadway. Minor amounts of water would be required for dust suppression during construction and are available through the City's existing distribution system. No impacts to water supply or requirements for new entitlements would occur. No impacts would occur. e) Result in determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. The Project entails the widening of an existing arterial roadway and would not generate any wastewater, since no residential, commercial, or industrial land uses are proposed. No impacts to existing wastewater treatment facilities would occur and therefore, no additional demand on the service provider's existing demands. No impacts would occur, 0 Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact. The nearest operating landfill is the Bakersfield Metropolitan (Rena) Landfill. Scholl Canyon is located approximately 9 miles from the Project site, In 2010, the landfill had an estimated remaining capacity of approximately 35 million cubic yards (64.8 percent of its total capacity). The Bakersfield Metropolitan (Rena) Landfill is capable of accommodating waste generated by the Project during construction; accordingly, It would have no impact on surrounding landfill available capacities. No impacts would occur. g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. The Project would be in compliance with all federal, state, and local codes and regulations pertaining to the disposal of solid waste. These codes include Part 13 Title 42 - Public Health and Welfare of the California Health and Safety Code, and Chapter 39 Solid Waste Disposal - of the United States Code. The Project would also be compliant with AB 939, the California Solid Waste Management Act, which requires each city in the state to divert at least 50 percent of their solid waste from landfill disposal through source reduction, recycling, and composting. Because the Project would implement and be consistent with the procedures and policies detailed in these codes, there would be no impacts associated with consistency related to laws pertaining to solid waste disposal. No impacts would occur. 0 E— - 19 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24'' Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 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 Project would have insignificant or less than significant impacts in the following areas. AESTHETICS. Would the project; d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Less Than Significant Impact. The widening of 24th Street would allow more vehicular trips and introduce additional sources of light and glare associated with vehicle headlights. No additional traffic signals or street lighting would be installed. Residents along realigned 23rd Street and 24th Street would experience levels and sources of light and glare similar to existing conditions. The change in roadway alignment at the S -curve (couplet area), however, would slightly increase light and glare from vehicle headlights for residents on the south side of 23rd Street. Commercial uses along 23rd Street and 24th Street, from D Street to Q Street, would not see more light or glare. Although at project completion, light and glare in the area would be similar to what they are now and Avoidance and Minimization Measure V -3 (see Section VII below) will be incorporated into the Project. Impacts would be less than significant. AIR QUALITY. Would the project: b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? e, 20 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Less Than Significant Impact. The Project would reduce the vehicle emissions within the region both for the opening year (by 2 tons per year for regional organic gases and oxides of nitrogen, and 7,405 tons per year carbon dioxide) and over the long term by 2 tons per year for regional organic gases, 1 ton per year for oxides of nitrogen, and 9,812 tons per year of carbon dioxide, Therefore, the Project would improve air quality by reducing regional vehicle emissions, thus improving future air quality, A qualitative project -level particulate matter hot spot analysis was presented to the Kern COG for review on August 25, 2009. The Kern COG on August 2, 2010 approved the project -level particulate matter hot spot analysis and concurred that the Project would not have an adverse impact on air quality and that it meets the requirements of the California Clean Air Act and 40 Code of Federal Regulations 93.116. A quantitative project -level particulate matter hot spot analysis was prepared for the Project to determine if the Project would result in a local impact on particulate matter less than 2.5 microns in diameter (PM2.5)and particulate matter less than 10 microns in diameter (PMio) emission concentrations, The analysis concluded that implementation of the Project would reduce the existing (2010) PM2.5 by about 3 percent and PMIO by about 65 percent. Therefore, impacts to PM2.5and PM10 would not occur. Under the Project, it is expected that there would be similar or lower mobile source air toxics emissions in the study area relative to the No -Build Alternative due to the Level of Service Improvement achieved by the Project. On a regional basis, the Environmental Protection Agency's vehicle and fuel regulations, coupled with fleet turnover, would substantially reduce mobile source air toxics over time that, in almost all cases, would cause regionwide mobile source air toxics levels to be substantially lower within the study area than they are today, Therefore, implementation of the Project would result in a less than significant impact to air quality and would not violate any air quality standard or contribute substantially to an existing or projected air quality violation. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? Less Than Significant Impact. As described in Air Quality, b) above, the Project would reduce air emissions when compared to the No -Build Alternative, Although the impacts would be less than significant, the implementation of Avoidance and Minimization Measures AQ -2 and AQ -3 (see Section VII below) would further minimize the impacts. 21 of 51 • ��. 3 A K E R S F I E L L CITY OF BAKERSFIELD 24'h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 d) Expose sensitive receptors to substantial pollutant concentration? Less Than Significant Impact. Sensitive receptors (people, school, etc.) would not be exposed to substantial pollutant concentrations since the Project would result in a less than significant impact to air quality, as noted in response Air Quality, b) above. Impacts would be less than significant. CULTURAL RESOURCES. Would the project: d) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant Impact. No archaeological resources were identified within the Area of Potential Effects by the archival research or the field survey. However, if previously unidentified human remains are unearthed during construction, the work will be halted in that area until the County Coroner can assess the significance of the find. In the event human remains are encountered during construction of the Project, standard Avoidance and Minimization Measure CR -2 (see section VII below) would be implemented. Impacts would be less than significant. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. Construction activities would involve the limited transport, storage, use, or disposal of hazardous materials. Some examples of hazardous materials include fuels, lubricating fluids, and solvents, lead -based paint, polychlorinated biphenyl, and asbestos containing materials. These types of materials, however, are not acutely hazardous and all storage, handling and disposal of these materials are regulated by the California Department of Toxic Substances Control (DTSC), USEPA, and Occupational Safety & Health Administration (OSHA). Although Impacts would be less than significant with implementation of the Project, Avoidance and Minimization Measure HAZ -1 (see Section VII below) has been incorporated into the Project. c) Emit hazardous emissions or handle hazardous or acutely hazardous material, substances, or waste within one - quarter mile of an existing or proposed school? Less Than Significant Impact. The closest public schools are Franklin Elementary School and Downtown Elementary School. There is one alternative public school, the Kern County Community School. All three of these schools are within one -half mile of the Project. The Project entails the widening of an existing arterial roadway; the transport, use, or disposal of hazardous materials associated with the Project would be done so in accordance with existing regulations. Impacts would be less than significant. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. All project - related activities would comply with the 22 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24 't' Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 requirements of the Clean Water Act and Caltrans National Pollutant Discharge Elimination System permit. As part of Caltrans Project Delivery Storm Water Management Program described in the Storm Water Management Plan, selected Construction Site, Design Pollution Prevention, and Treatment best management practices (small and large footprint basins) would be incorporated into the final design of the Project to reduce potential water quality impacts. Although impacts would be less than significant Avoidance and Minimization Measures W9 -1 through WQ -4 (see Section VII below) have been incorporated into the Project, b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? Less Than Significant Impact. The Project entails the widening of an existing arterial roadway and its construction and operation would not directly change the quantity of groundwater or have any impact upon aquifers, as groundwater beneath the area would not be utilized as part of the Project and therefore, impacts would be less than significant. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on or offsite? Less Than Significant Impact. Construction activities to widen 24th Street would temporarily affect the existing drainage patterns by requiring the extension of Carrier Canal, which carries flows underneath 24th Street. To build the extension of Carrier Canal, a temporary diversion conduit would be built next to Carrier Canal to divert flows during construction. The temporary diversion is necessary to maintain the use of the water by downstream holders of water rights for irrigation. It is estimated that the diversion conduit would be used for three months, the time estimated to extend the 24th Street culvert, The diversion conduit would be about 350 linear feet and consist of a triple -pipe culvert, The diversion would be built in three phases, First, the triple -pipe diversion would be built next to the canal. Next, walls of Carrier Canal near the beginning and end of the diversion channel would be removed to allow flows through the canal and in the diversion structure simultaneously, so flows within the canal would not be affected, Finally, a temporary dam would be placed just upstream and downstream of the Carrier Canal /24th Street culvert, and flows would be diverted into the diversion conduit. After the culvert is completed, the diversion conduit would be blocked and flows would be restored to the existing flow path in Carrier Canal. All water work would conform to the conditions stated in the 401 Certification for clean water diversion and dewatering, Impacts would be less than significant. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or offsite? Less Than Significant Impact. The Project site has about 48 acres of impervious areas. The `> n c> r 23 of 51 • B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Project would increase the impervious areas by about 4 acres. The estimated increase in surface water would be 5,400 cubic feet, which would likely affect Kern River; therefore, treatment control best management practices (small and large footprint basins) would be implemented as a part of the Project. Since the Kern River watershed is substantially larger (2.3 million acres) than the Project site (48 acres), the Project would have minimal impacts to the stormwater runoff because the peak runoff from the Project area would have already passed before the peak runoff from the Kern River watershed could reach the project location. Therefore impacts from stormwater runoff would be less than significant. Implementation of the Project would result in a nominal increase in the peak discharge in Kern River; therefore, impacts to the Kern River floodway would be less than significant. e) Create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. Construction and operation of the Project would not create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or additional sources of polluted runoff. The Project has been designed to address increased stormwater flows and would not exceed the capacity of existing facilities. In addition, Best Management Practices have been incorporated to treat stormwater runoff from the Project site prior to discharging to the existing drainage system and would not create additional sources of polluted runoff. Impacts would be less than significant. f) Otherwise substantially degrade water quality? Less Than Significant Impact. Operation of the Project has the potential to affect the water quality of the Kern River. Expected pollutants from the Project include total suspended solids, nutrients, pesticides, particulate matter, dissolved metals, pathogens, litter, biochemical oxygen demand, and turbidity. Permanent treatment control best management practices have been incorporated into the project design. These treatment control best management practices would reduce pollutants from the existing roadway and from the proposed improvements and widening to less than significant levels. Impacts would be less than significant. POPULATION AND HOUSING. Would the project: b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Less Than Significant Impact. While the Project would not displace substantial numbers of existing housing, which would necessitate the construction of replacement housing elsewhere, the Project would require full parcel acquisitions of 23 residential properties. Although these impacts are considered less than significant since adequate replacement housing is available, Minimization Measure R -1 (see Section VII below) would be implemented. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 24 of 51 6 A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Less Than Significant Impact. See Population and Housing, b) above. Although these impacts are considered less than significant since adequate replacement housing is available, Minimization Measure R -1 (see Section VII below) would be implemented to further minimize impacts. PUBLIC SERVICES. Would the project: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services; Fire Protection, Police Protection, and Schools? Less Than Significant Impact. Emergency services could experience temporary, short - term traffic delays and temporary and intermittent road detours around the project area during construction. This could result in delayed response times for police, fire protection, and emergency services. All circulation changes would be designed to help entry and exit of emergency response vehicles during construction phases. Although potential temporary impacts to service providers would be less than significant, Avoidance and Minimization Measures U -2 and U -3 (see Section VII below) would be implemented to further minimize impacts. RECREATION. Would the project: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant Impact. The Project entails the widening of an existing arterial roadway and does not included uses that could cause the physical deterioration of an existing park facility nor would it cause its accelerated deterioration and therefore, impacts are less than significant. TRANSPORTATION AND TRAFFIC. Would the project: e) Result in inadequate emergency service? Less Than Significant Impact. Emergency services could experience temporary, short - term traffic delays and temporary and intermittent road detours around the project area during construction. This could result in delayed response times for police, fire protection, and emergency services, All circulation changes would be designed to help entry and exit of emergency response vehicles during construction phases, Although potential temporary impacts to service providers would be less than significant, Avoidance and Minimization Measures U -2 and U -3 (see Section VII below) would be implemented to further minimize impacts. UTILITIES AND SERVICE SYSTEMS. Would the project: V� 4 25 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. As part of the Project, new curbs and gutters would be constructed as well as small and large footprint best management practices (basins). The construction of these facilities was determined to result in less than significant impacts. VII. FINDINGS REGARDING EFFECTS DETERMINED TO BE MITIGATED TO LESS THAN SIGNFICANT LEVELS The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, Technical Appendices and the administrative record, finds, pursuant to California Public Resources Code 21081 (a)(1) and State CEQA Guidelines § 15091 (a)(1), that changes or alterations have been required in, or incorporated into, the 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: Aesthetics /Visual, Air Quality, Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Population and Housing, and Public Services. 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. AESTHETICS. Would the project: c) Substantially degrade the existing visual character or quality of the site and its surroundings. Facts Supporting Finding The Project would result in visual impacts as a result of increased hardscape features (widened roadway, proposed retaining wall, potential soundwall /barrier features, trees and sidewalks, and raised curbed median with fencing), relocation of housing, and restriping of portions of 24th Street. Mitigation Measures V -1, V -2, V -4, and V -5 of the Final EIR would reduce impacts below a level of significance. The measures are as follows: V -1 The Project must include landscaping that is compatible with the existing landscaping of the project area. Landscaping must include specimen -sized trees (24 -inch box or greater) where feasible and shrub /mass planting to soften the hardscape features. Areas of vegetation buffer must not conflict with applicable safety - related standards and regulations pertaining to roadway line -of -sight or landscape worker safety. Landscaping must include, to the extent feasible, the rj z 26 of 51 B A K E R S F I E L D following measures: CITY OF BAKERSFIELD 24'h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 • Landscaping species should be well suited for the local climate, humidity, soil types, and local wind conditions. • Selected species should share similar water requirements. • Appropriate plant spacing should be allowed to avoid overcrowding, • Landscape concepts should include zoning areas of high, medium, and low water use to meet the needs for water usage and achieve efficiency. • Mulches, gravels (or other inert materials), and drip (or other nonspray) irrigation should be implemented. • Irrigation equipment should be designed to maximize maintenance worker safety. V -2 To enhance the pedestrian experience along 24th Street, provide a sense of security, and increase the visual intactness, a vegetation buffer must, where feasible, be installed between 24th Street and sidewalks along the northern and southern sides of the roadway, Trees, where feasible, must also be included within and along 24th Street. Areas of the vegetation buffer must not conflict with applicable safety - related standards and regulations pertaining to roadway line - of- sight. V -4 To decrease the appearance of hardscape features, including soundwalls, medians, and opaque fencing materials, landscape and architectural treatments such as color, texture, and vine treatment must be applied where feasible. Aesthetic enhancement shall be similar in character to the surrounding environment, V -5 To buffer views of the realigned roadway from residents, a vegetation buffer must be installed south of the S -curve between the proposed roadway and existing residents, Areas of the vegetation buffer must not conflict with appropriate safety - related standards and regulations pertaining to roadway line -of- sight. In consultation with the City before project approval, the vegetative buffer must be included on the landscape concept plan and plant palette. As noted above in Section VI, although impacts were determined to be less than significant, Avoidance and Minimization Measure V -3 of the Final EIR will be implemented. The measure is as follows: V -3 The City must review and approve the use of project lighting types, plans, and placement to minimize light and glare impacts on surrounding sensitive uses. AIR QUALITY. Would the project: b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Facts Supporting Finding 27 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Short -term air pollutant emissions associated with the Project include fugitive dust from grading /site preparation and equipment exhaust. Construction activities produce combustion emissions from various sources, such as site grading, utility engines, onsite heavy -duty construction vehicles, equipment hauling materials to and from the site, and motor vehicles transporting the construction crew. While detailed construction equipment exhaust calculations were not performed, it is assumed that the San Joaquin Valley Air Pollution Control District Rule 9510 threshold of two tons of nitrogen oxide would be exceeded by the construction of the project, Implementation of Minimization Measures AQ -1, AQ -4, and AQ -5 of the Final EIR would ensure impacts to air quality are below a level of significance. The measures are as follows: AQ -1 San Joaquin Valley Air Pollution Control District Regulation VIII, Control Measures for Construction Emissions of Particulate Matter Less than 10 Microns in Size, shall be implemented at all construction sites. Per San Joaquin Valley Air Pollution Control District Regulation VIII, Rule 8021, a fugitive dust control plan shall be submitted to the Air Pollution Control Officer of the San Joaquin Valley Air Pollution Control District before the start of any onsite construction activity. AQ -4 The contractor shall adhere to the Caltrans Standard Specifications for Construction (Sections 10 and 18, Dust Control; and Section 39 -3.06, Asphalt Concrete Plant Emissions), AQ -5 Before applying for a final discretionary approval, the City of Bakersfield shall comply with the San Joaquin Valley Air Pollution Control District Regulation IX, Mobile and Indirect Sources, Rule 9510, Indirect Source Review, and submit an Air Impact Assessment to the San Joaquin Valley Air Pollution Control District. As noted above in Section VI, although impacts were determined to be less than significant, Avoidance and Minimization Measures AQ -2 and AQ -3 of the Final EIR will be implemented. The measures are as follows: AQ -2 The Project contractors shall implement the following feasible measures: Enhanced Control Measures • Limit traffic speeds on unpaved roads to 15 miles per hour. • Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent. Additional Control Measures • Install wheel washers for all exiting trucks, or wash all trucks and equipment leaving the site. • Install wind breaks at the windward side(s) of construction areas, • Suspend excavation and grading activity when winds exceed 20 miles per hour. • Limit the area subject to excavation, grading, and other construction activity at any one time. 28 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24`h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Heavy -Duty Equipment (scrapers graders trenchers, earthmovers, etc.) Measures • Use alternative - fueled equipment or catalyst- equipped diesel construction equipment. • Minimize idling time (such as 5 minutes maximum). • Limit the hours of operation of heavy -duty equipment and /or the amount of equipment in use. • Replace fossil - fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set). • Curtail construction during periods of high ambient pollutant concentrations; this may include stopping construction activity during the peak hour of vehicular traffic on adjacent roadways. • Implement activity management (such as rescheduling activities to reduce short -term impacts), AQ -3 All trucks that are to haul excavated or graded materials onsite shall comply with California Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2), and (e)(4) as amended, regarding the prevention of such materials from spilling onto public streets and roads, BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications on any species identified as a candidate, sensitive, or special- status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Facts Supporting Finding The Project may affect the San Joaquin kit fox due to the presence of suitable denning and foraging habitat in and next to the Biological Study Area. The impacts of the Project on the San Joaquin kit fox are described as direct and indirect impacts. Direct impacts are expected to be caused by the Project at the time of construction. Indirect impacts are those caused by the Project after the roadway improvements are operational. Although indirect impacts are unintended, they are still reasonably certain to occur. Direct temporary impacts include short -term disturbance to ruderal /disturbed (including barren ground) habitat that would result from grading, staging, and implementation of the temporary construction easements. These habitats would be restored to pre - project conditions following construction. Permanent impacts include those that occur at the time of construction and remain following project completion and those that occur when the area is permanently converted from one cover /habitat type to another, Direct impacts would include loss of suitable habitat (south of 24th Street between Oak Street and Carrier Canal), den destruction, and the increased risk of injury and death from vehicles. Mitigation Measures NC -1, NC -b, NC -8, AS -1 through AS -9 and TE -1 through TE -11 of the Final EIR would reduce impacts to habitat modifications below a level of significance, y 29 of 51 B A K E R S F I E L D The measures are as follows: CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 NC -1 A biological monitor shall be onsite during construction activities within the Kern River riverbed on an as- needed basis to assist the contractor in complying with the project minimization measures and to provide guidance in avoiding and /or minimizing impacts to biological resources. NC -6 A weed abatement program shall be developed to minimize the importation of nonnative plant material during and after construction. Eradication strategies shall be employed should an invasion occur. NC -8 Before grading and /or construction activity involving the disturbance of any native vegetation, the City shall install fencing, flagging, lathe and rope, or other devices to delineate the maximum disturbance limits acceptable to and under the supervision of a qualified biologist. AS -1 A preconstruction survey shall be conducted at the Kern River banks and the detention basin in the southeast quadrant of the Oak Street /24th Street intersection before starting construction activities to determine the presence of burrowing owl on site. AS -2 Should burrowing owl burrows be found, no disturbance shall occur within 160 feet of occupied burrows during the nonbreeding season or within 250 feet during the breeding season. AS -3 If any of the preconstruction surveys determine that burrowing owls are present, one or more of the following mitigation measures shall be required: (1) avoidance of active nests and the surrounding buffer area during construction activities; (2) passive relocation of individual burrowing owl; (3) active relocation of individual burrowing owls; and (4) preservation of onsite habitat with long -term conservation value for the burrowing owl. The specifics of the required measures shall be coordinated between the City, Caltrans biologist, and the resource agencies. AS -4 A qualified bat biologist shall survey the Project study area in June, before construction, to assess the potential for maternity roosting, since maternity roosts are generally formed in late spring, AS -5 To avoid direct mortality to bats roosting in areas subject to impacts from construction activities between December 1 and October 31, any structure with potential bat habitat affected by the construction shall have temporary bat exclusion devices installed under the supervision of a qualified bat biologist before construction activities begin. Exclusion shall be conducted during the fall (September or October) to avoid trapping flightless young inside during the summer months or hibernating individuals during the winter. Such exclusion efforts shall be continued to keep the structures free of bats until the completion of construction. Replacement roosting habitat may also be needed to minimize effects to excluded bats. All bat exclusion techniques shall be coordinated among the City, Caltrans, a qualified bat biologist, and the resource agencies, 30 of 51 B A A E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 AS -6 A qualified bat biologist shall perform an inspection of exclusionary devices before construction to determine success. Coordination between the City, Caltrans, and the resource agencies shall be conducted by a qualified bat biologist should any alterations need to be made. AS -7 All construction work on the 24th Street Bridge over the Kern River shall be limited to the daytime hours to the maximum extent feasible. If nighttime construction is necessary for work conducted on the bridge, impacts shall be minimized by directing lighting and noise away from night roosting areas as much as possible. AS -8 To prevent project impacts to bridge- and crevice - dwelling birds (e.g., swallows), all work on existing bridges with potential bird habitat that would be affected by construction shall include removal of all bird nests before construction under the guidance and observation of a qualified biologist before February 1 of that year, before the bird nesting season, Removal of nests that are under construction must be repeated as frequently as necessary to prevent nest completion or until nest exclusionary devices (such as netting or a similar mechanism that keeps birds from building nests) are installed. Nest removal and exclusion device installation shall be monitored by a qualified biologist. Such exclusion efforts must be continued to keep the structures free of swallows until September 1 or the completion of construction (whichever comes first). All nest exclusion techniques shall be coordinated among the City, Caltrans, a qualified biologist, and the resource agencies, AS -9 If bats are determined present, before construction activities begin, alternative roosting habitat shall be installed at an onsite location approved by a qualified bat biologist or at a nearby location such as the State Route 99 bridge to provide additional roosting habitat during construction. Forms of alternative roosting habitat may include construction of bat houses, add -on panels, or sections of low- density concrete slabs installed on the undersides of the State Route 99 bridge. Designs for alternative roosting habitat attached to the bridge shall be made by an engineer in consultation with a qualified bat biologist to ensure that the habitat is both structurally sound and ecologically feasible for use by bats. To the extent feasible, newly created expansion joint crevices shall be left unrubberized so that they are available to bats for day roosting after construction is complete. TE -1 Construction activities shall adhere to the standard construction and operational requirements as described in the United States Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to and During Ground Disturbance (USFWS 1999), TE -2 Approximately 60 days before road construction, a U.S. Fish and Wildlife Service and California Department of Fish and Wildlife- approved biologist shall conduct a survey for San Joaquin kit fox dens within 200 feet of the construction footprint, including utility relocations. A letter report and map of known and potential San Joaquin kit fox dens shall be submitted to the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife. 31 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24t' Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Preactivity clearance surveys for San Joaquin kit fox shall be repeated about 2 weeks before construction or after any delays in construction of over 2 weeks. Any new San Joaquin kit fox dens identified since completing the 60 -day survey shall be reported to the U,S, Fish and Wildlife Service and California Department of Fish and Wildlife in a letter report and map. If no new San Joaquin kit fox dens are identified, an internal record shall be maintained that includes the survey date, designated biologist conducting the survey, and general survey findings. The records shall be submitted to the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife upon request. TE -3 If dens or potential dens are detected within the project footprint during 60 -day and /or 2 -week pre- activity clearance surveys, agency permission shall be requested to monitor and excavate dens that would be affected by the project. The biologist shall monitor potential dens for 3 consecutive nights and submit monitoring results in a letter report to the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife. The biologist shall oversee the excavation of dens following approval by the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife. Dens found within 200 feet of project construction but not affected by construction activities shall be monitored and buffered from construction by an exclusion zone. The biologist shall place flagged stakes in a 50 -foot radius buffer around any potential or atypical den and 100 feet from a known den; the U.S. Fish and Wildlife Service shall be contacted if a natal den is found. The biologist shall submit results of den excavation and exclusion in a letter report to the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife. TE -4 The biologist shall conduct an environmental awareness training for all construction crews before ground- disturbing activities. The purpose of this training is to inform construction crew members of permit terms and conditions and the potential for San Joaquin kit fox to occur at a site and be affected by construction activities. The training shall be repeated to all new crew members and annually to all crew members working in San Joaquin kit fox habitat. Following the training, crew members shall sign an attendance sheet stating that they attended the training and understand the protection measures and construction restrictions. Training materials and records of attendees shall be submitted to the U.S, Fish and Wildlife Service and California Department of Fish and Wildlife. TE -5 The biologist shall monitor road construction activities once daily. The biologist shall verify that construction complies with permit terms and conditions and construction and operation requirements described in United States Fish and Wildlife Service Standardized Recommendations for the Protection of the San Joaquin Kit Fox Prior to Ground Disturbance (USFWS 1999). The biologist shall maintain a log of daily monitoring notes that can be summarized and transmitted to the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife at their request. TE -6 Permeable fencing shall be installed along the proposed right -of -way of 24th f, ti K,� 32 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24`h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Street in all locations where new fencing is required. One or a combination of the following three design options may be adopted to provide San Joaquin kit fox with movement opportunities: elevating the bottom of the fence 5 inches above ground to allow unobstructed movement by San Joaquin kit foxes under the fence; installing ground -level 8 -x -8- inch -wide gaps no more than 100 feet apart for the length of the fence, which would allow San Joaquin kit fox movement at regular intervals along the right -of -way; and installing fencing with a minimum mesh size of 3.5 x 7 inches, but preferably 5 x 12 inches, which would allow unlimited movement by San Joaquin kit fox through the fence. Locations that are currently fenced shall remain fenced or shall have new fencing installed in relatively the same location and shall not have permeable design. TE -7 Curbed medians and median barriers may be used as part of project design. If curbed medians are required for public safety, the height of curbed medians shall be no greater than 10 inches. Ten -inch curbed medians shall remain unvegetated to prevent obstructing the visual field of San Joaquin kit foxes near the roadway. Curbed medians less than 10 inches in height and requiring landscaping shall be planted with low -level vegetation (i.e., less than 6 inches) or be frequently mowed to prevent overgrowth. If taller median barriers are required in a later planning stage for public safety, Caltrans- designed modified median barrier type 60 /S shall be used. Caltrans type 60 /S design has been approved by the U.S. Fish and Wildlife Service (Biological Opinion No. 81420 - 2009 -F -0752; U.S. Fish and Wildlife Service 2009) and includes 9- inch- radius openings (9- inch -high x 18- inch -wide half - circle openings) spaced every 150 feet to allow passage by San Joaquin kit fox. TE -8 Project landscaping shall be designed to allow unobstructed visibility to San Joaquin kit fox and to provide opportunities for movement across the roadway. Curbed median less than 10 inches in height and roadside landscaping shall be planted in one of three alternative strategies: selecting plants that do not exceed 6 inches tall at maturity, maintaining vegetation height so that it does not exceed 6 inches, and /creating gaps no less than 4 feet wide every 12 feet in areas landscaped with trees and shrubs. TE -9 The toe of road fill, wails, fencing, and any other permanent physical obstruction shall be designed no less than 20 feet from the centerline of the bike trail on the Kern River corridor and shall have a minimum vertical clearance of 10 feet to maximize horizontal and vertical passable space for continued San Joaquin kit fox movement. TE -10 Permanent and temporary loss of San Joaquin kit fox habitat shall be mitigated by participating in the Metropolitan Bakersfield Habitat Conservation Plan fee payment program. The permanent loss of 1.21 acres of ruderal /and barren ground habitats for both build alternatives and the temporary disturbance of 1.07 acres under Alternative 1 and 1.04 acres under Alternative 2 of ruderal /disturbed and barren ground habitats shall be mitigated by participating in the Metropolitan Bakersfield Habitat Conservation Plan at agency- approved ratios, 33 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24`h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Sufficient funding would be paid to allow the Metropolitan Bakersfield Habitat Conservation Plan Trust Group to purchase at least 4.77 acres of suitable San Joaquin kit fox habitat. TE -11 Before construction, the limits of permanent and temporary impacts will be verified and mapped by habitat type within those limits. The map will be submitted for approval by the U.S. Fish and Wildlife Service before submittal to the City of Bakersfield Planning Department for fee payment. Upon completion of project construction, all areas subject to temporary ground disturbance, including storage and staging areas, temporary roads, and pipeline corridors, shall be recontoured if necessary and revegetated to promote restoration of the area to preproject conditions. Appropriate methods and plant species used to revegetate such areas shall be determined on a site - specific basis in consultation with the U.S, Fish and Wildlife Service, the California Department of Fish and Wildlife, and revegetation experts. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans policies and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Facts Supporting Finding The Project would result in direct temporary impacts to sycamore /woodland habitat. Temporary construction easements occurring on the Kern River Parkway Bike Trail could result in indirect temporary impacts to sycamore /willow woodland habitat such as dust, noise, and spills from construction vehicles. These impacts could temporarily degrade the sycamore /willow woodland habitat; however, due to their nature, they would stop at project completion. Mitigation Measures NC -2, NC -3, NC -4, NC -5, and NC -10 of the Final EIR would reduce impacts below a level of significance. The measures are as follows: NC -2 A biologist shall monitor construction within the vicinity of sycamore /woodland areas within the Kern River riverbed, as needed, for the duration of the project to flush any wildlife species present before construction and to ensure that vegetation removal, best management practices, environmentally sensitive area avoidance, and all other avoidance and minimization measures are properly observed and implemented. NC -3 A biologist shall monitor construction within the vicinity of sycamore /woodland areas within the Kern River riverbed, as needed, for the duration of the project to flush any wildlife species present before construction and to ensure that vegetation removal, best management practices, environmentally sensitive area avoidance, and all other avoidance and minimization measures are properly observed and implemented. NC -4 Any native vegetation removal or tree (native or exotic) trimming activities shall occur outside of the nesting bird season (February 15- August 31), In the event that vegetation clearing is necessary during the nesting season, a qualified 34 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24'' Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 biologist shall conduct a preconstruction survey to identify the locations of nests, NC -5 All equipment maintenance, staging, and dispensing of fuel, oil, or any other such activities shall occur in developed or designated nonsensitive habitat areas outside of the Kern River bed. The designated upland areas shall be in such a manner as to prevent any spill runoff from entering waters of the United States. NC -10 Following project construction, all disturbed habitat adjacent to the Kern River shall be restored with native vegetation to the best extent feasible, d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Facts Supporting Finding Wildlife movement in portions of Carrier Canal within the study area is currently hindered by the relatively high water level in Carrier Canal and fencing along the canal, both of which prohibit animal access; therefore, implementation of the Project would not result in direct permanent impacts to wildlife movement within Carrier Canal. While the Project would result in direct permanent impacts to the Kern River it would not result in long -term direct impacts to wildlife movement in the Kern River. However, avoidance and minimization measures will be implemented as part of the Project. Mitigation Measures NC -7 and NC -9 of the Final EIR would reduce impacts below a level of significance, The measures are as follows; NC -7 During the night, the wildlife corridor shall be kept clear of all equipment that could potentially serve as barriers to wildlife passage. All equipment storage shall occur in designated areas outside of the Kern River. NC -9 Equipment maintenance, lighting, and staging shall be in designated areas and directed away from the wildlife corridor, and it shall be limited in duration. Construction work shall not be conducted at night adjacent to the wildlife corridor to the extent feasible. However, if work must be done at night, noise and lighting shall be directed away from the wildlife corridor. All nighttime work adjacent to the wildlife corridor shall be coordinated with the City and a qualified biologist. CULTURAL RESOURCES. Would the project: b) Cause a substantial adverse change in the significance of an archeological resource pursuant to § 15064.5? Facts SupoortingFinding No archaeological resources were identified within the Area of Potential Effects by the archival research or the field survey. However, if previously unidentified cultural materials are unearthed during construction, the work will be halted in that area until a qualified archaeologist can assess the significance of the find. Additional archaeological survey would be needed if the Project limits are extended beyond the present survey limits. RJ_ ,_, L; _ eN ii , 35 of 51 B A K E R S F 1 E L D CITY OF BAKERSFIELD 24`h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Mitigation Measure CR -1 of the Final EIR reduces impacts below a level of significance. The measure is as follows: CR -1 If cultural materials are discovered during construction, all earth - moving activity within and around the immediate discovery area shall be diverted until a qualified archaeologist or historian can assess the nature and significance of the find. Further provisions of Public Resources Code 5097,98 are to be followed as applicable. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Facts Supporting Finding Based on the sensitivity of the area for paleontological resources, excavation below a depth of 5 feet in the latest Pleistocene native sediments within the Project study area could result in adverse impacts on nonrenewable paleontological resources. Ground disturbing construction activities such as excavation have the potential to encounter scientifically significant paleontological resources. This could result in the destruction of unique and valuable scientific specimens and data. Mitigation Measure PAL -lof the Final EIR would reduce impacts below a level of significance. The measure is as follows: PAL -1 Before completion of final engineering and in accordance with the guidelines in the Caltrans Standard Environmental Reference, a Paleontological Mitigation Plan shall be prepared by a qualified paleontologist for inclusion in the Plans, Specifications, and Estimate and implemented during the excavation phase of the Project. The qualified Principal Paleontologist shall attend pregrading meetings and consult with grading and excavation contractors. The construction contractor's employees shall attend paleontological resource awareness training sessions) if they will be involved in earthmoving project activities. The Paleontological Mitigation Plan shall generally discuss fossil discovery, recovery, and subsequent handling. Paleontological monitoring shall be conducted by a qualified individual. Based on field reviews and the paleontological literature available, it does not appear that full -time monitoring would be required at all of the proposed excavation sites within the Project. It is anticipated that only minor monitoring and spot checks would be necessary where soil disturbance below a depth of 5 feet in native sediments would occur. However, the actual extent of monitoring would be dictated by the design details of the selected alternative and would be determined during design by a qualified Principal Paleontologist (who holds an M.S. or Ph.D, in paleontology or geology, and is familiar with paleontological procedures and techniques). The Principal Paleontologist would review the construction plans with proposed excavation sites and the Paleontological Evaluation Report to determine which, if any, project components would involve earthmoving activities at depths sufficient to warrant development of a 36 of 51 '__ e B A K E R S F I E L D CITY OF BAKERSFIELD 241h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Paleontological Mitigation Plan, consistent with Caltrans' Standard Environmental Reference, The Principal Paleontologist would review the construction schedule in order to develop the monitoring schedule and compile accompanying costs. A nonstandard special provision to address paleontological resources would also be incorporated into the construction contract to notify the construction contractor to cooperate with the paleontological monitoring and salvage activities. Paleontological resources should also be discussed at the pre -bid meeting. As noted above in Section VI, although impacts were determined to be less than significant, Avoidance and Minimization Measure CR -2 of the Final EIR will be implemented. The measure is as follows: CR -2 If human remains are discovered, State Health and Safety Code Section 7050,5 states that further disturbances and activities shall cease in any area or nearby area suspected to overlie remains and the County Coroner contacted. Pursuant to Public Resources Code Section 5097.98, if the remains were thought to be Native American, the coroner shall notify the Native American Heritage Commission, which shall then notify the Most Likely Descendant. The City's Resident Engineer shall contact the City and the District 6 Environmental Branch Chief and /or Cultural Studies Staff so that they may work with the Most Likely Descendant on the respectful treatment and disposition of the remains. Further provisions of Public Resources Code 5097.98 shall be followed as applicable. HAZARDS AND HAZARDOUS MATERIALS. Would the project: b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Facts Sugporting_Finding Construction activities would involve the demolition of structures that may contain asbestos, lead -based paint and polychlorinated biphenyls and wooden poles treated with creosote. Soils along 24th Street may contain lead as well as roadway paint striping. Mitigation Measures HAZ -2 through HAZ -10 of the Final EIR would reduce impacts below a level of significance. The measures are as follows: HAZ -2 Asbestos, lead -based paint, and polychlorinated biphenyl surveys shall be conducted by a certified consultant for any building structures that would be renovated or demolished as part of the Project. Surveys for asbestos, lead -based paint, and polychlorinated biphenyl surveys of building structures shall be conducted during preparation of project construction plans and when access to parcels outside the existing right -of -way is available, Estimates during the Plans, Specifications, and Estimates phase of the Project shall include provisions for proper removal and disposal by a licensed contractor registered with the 37 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 California Occupational Safety and Health Administration for asbestos- related work, or by a licensed and certified asbestos abatement contractor. HAZ -3 During final design, all utility pole- mounted and pad- mounted transformers in the study area shall be inspected for leaks. Leaking transformers shall be considered a potential polychlorinated biphenyl hazard unless tested and shall be handled accordingly, HAZ -4 Removal of yellow paint striping on the 24th Street bridge over the Kern River during construction shall require transport and disposal to a Class I landfill. Depending on the method of removal, appropriate Standard Special Provisions shall be provided regarding handling, transport, and disposal of traffic stripe /pavement marking - generated waste. HAZ -5 Special handling, treatment, or disposal of aerially deposited lead in soils during construction activities shall be consistent with the Department of Toxic Substance Control Lead Variance (No, V09HQSCD006) dated July 1, 2009. HAZ -6 All wooden utility poles that are to be removed or relocated as part of the Project, as well as those soils at the bases of these utility poles (unless documentation from the utility company indicates that creosote was not used), shall be handled for treated wood waste in accordance with Caltrans Standard Special Provision 14 -010. HAZ -7 Before construction, the utility company shall be notified to ensure that the locations of underground transmission lines and facilities are marked. In addition, Underground Service Alert of Southern California shall be contacted at least two working days before subsurface excavation, HAZ -8 The procedures outlined in Caltrans Unknown Hazards Procedures for Construction shall be followed during construction in the event that an unknown hazardous contamination is revealed or unknown hazardous waste /material is encountered. HAZ -9 Any demolition or renovation of a building structure requires notification and submittal fees to the San Joaquin Valley Air Pollution Control District at least 10 days before proceeding with the demolition work. Contractors shall adhere to the requirements of San Joaquin Valley Air Pollution Control District during renovation /activities. HAZ -10 When lead- impacted soils are identified, a Lead Compliance Plan shall be prepared by the contractor to prevent or minimize worker exposure to lead from handling material containing aerially- deposited lead (California Code of Regulations, Title 8, Section 1532.1). This plan shall also be required for work performed on painted structures. The contractor shall prepare a written, project - specific Excavation and Transportation Plan establishing procedures the contractor shall use for excavating, stockpiling, transporting, and placing (or disposing) of material containing aerially deposited lead. The plan must conform to Department of Toxic Substance Control and California Occupational Safety , n �J • �aF_ 38 of 51 CITY OF BAKERSFIELD 24`h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 and Health Administration regulations. For samples where lead levels exceed hazardous waste criteria, the excavated soil shall be either managed or disposed of as a California hazardous waste or stockpiles and resampied to confirm waste classification and potential utilization of Caltrans' hazardous waste variance agreement to recycle soil on site. The appropriate Standard Special Provision shall be included in the Plans, Specifications, and Estimate, As noted above in Section VI, although impacts were determined to be less than significant, Avoidance and Minimization Measure HAZ -1 of the Final EIR will be implemented. The measure is as follows: HAZ -1 Before construction, a site - specific Health and Safety Plan consistent with Caltrans requirements, including identification of key personnel, summary of risk assessment for workers, the community, and the environment, Air Monitoring Plan, and Emergency Response Plan, shall be prepared. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Facts Supporting Finding Emergency services could experience temporary, short -term traffic delays and temporary and intermittent road detours around the project area during construction. This could result in delayed response times for police, fire protection, and emergency services. All circulation changes would be designed to help entry and exit of emergency response vehicles during construction phases. Potential temporary impacts to service providers would be minimized through implementation of a Traffic Management Plan. Mitigation Measures U -2 and U -3 of the Final EIR would reduce impacts below a level of significance. The measures are as follows: U -2 During construction, the City shall be required to coordinate in advance of all temporary street or lane closures and detour plans with fire, emergency, medical, and law enforcement providers to minimize temporary delays in emergency services response times. U -3 Per Caltrans Deputy Directive 60 -R1 (September 2007), a Traffic Management Plan shall be prepared in consultation with the City and with all emergency service providers within the project study area, HYDROLOGY AND WATER QUALITY. As noted above in Section VI, although impacts were determined to be less than significant, Avoidance and Minimization Measure WQ -1 through WQ -4 of the Final EIR will be implemented. The measures are as follows: WQ -1 The Project shall develop and implement a Storm Water Pollution Prevention Plan and Erosion and Sedimentation Plan. The Project shall implement temporary erosion and sediment control best management practices during construction and implement the requirements of the statewide General Construction permit, 39 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24t" Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Temporary best management practices such as desilting basins, erosion control blankets, and other minimum construction best management practices shall be implemented consistent with the Storm Water Pollution Prevention Plan and Erosion and Sedimentation Plan. In addition, the Storm Water Pollution Prevention Plan shall contain provisions for changes to the plan such as Alternative mechanisms, if necessary, during project design and /or construction to achieve the stated goals and performance standards, WA -2 The Project shall develop and implement a Standard Urban Storm Water Management Plan and Storm Water Data Report. The Project shall be designed to include treatment control best management practice devices such as detention devices, vegetated treatment, and other Caltrans- approved devices per the Storm Water Data Report. Treatment control best management practices shall capture and treat storm water runoff from the Project and treat the anticipated targeted design constituents (pollutants) to the maximum extent practicable. WA -3 Construction of the extended culvert under 24th Street at Carrier Canal shall require dry conditions to permit construction in the canal. A temporary diversion conduit shall be built next to Carrier Canal to divert flows during construction of the culvert extension. The diversion conduit shall be operational for about three months. Flows shall be redirected to the extended culvert underneath 24th Street following completion of construction activities, WQ -4 An encroachment permit shall be obtained from the Central Valley Flood Protection Board for construction activities along the Kern River bridge within 20 feet of the river banks. NOISE. Would the project; a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Facts Supporting Finding Implementation of the Project would result in potential short -term noise impacts during construction of the Project, Construction of the Project would comply with local jurisdiction noise restrictions as well as the Caltrans Standard Specifications Section 14- 8.02 and Caltrans Standard Provisions S5 -310. Mitigation Measures N0I -1 through N0I -4 of the Final EIR would reduce impacts below a level of significance. The measures are as follows; NOI -1 To minimize construction noise impacts on sensitive land uses adjacent to the project study area, construction noise is regulated by the Caltrans Standard Specifications in Section 148.02, "Noise Control," and also by Standard Special Provision S5 -310, "Noise Control." Noise control shall conform to the provisions in Section 14 -8.02 and Standard Special Provision S5 -310. 40 of 51 B A K E R S F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 N0I -2 If nighttime construction is necessary, the noise level from the contractor's operation, between the hours of 9:00 p.m. and 6:00 a.m. shall not exceed 86 dBA at a distance of 50 feet. N0I -3 If nighttime construction is necessary, the contractor shall use an alternative back -up warning device /method (e.g., strobe lights, flagmen) for construction vehicles instead of a sound signal unless required by safety laws. N0I -4 The contractor shall equip all internal combustion engines with the manufacturer - recommended muffler and shall not operate any internal combustion engine on the jobsite without the appropriate muffler. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Facts Supporting Finding- During certain construction phases, processes such as earth moving with bulldozers, the use of vibratory compaction rollers, impact pile driving, demolitions, or pavement braking may cause construction related vibration impacts such as human annoyance or, in some cases, building damages. There are cases where it may be necessary to use this type of equipment in close proximity to residential buildings. Appropriate measures have been included to eliminate or minimize vibration impacts during construction activities. Mitigation Measures N0I -5 and N0I -6 of the Final EIR would reduce impacts below a level of significance, The measures are as follows: N0I -5 The contractor shall be required to adhere to the following vibration - control measures: • Restrict the hours of vibration - intensive equipment or activities such as vibratory rollers so that impacts to residents are minimal (e.g., weekdays during daytime hours only when as many residents as possible are away from home; • The owner of a building close enough to a construction vibration source that damage to that structure due to vibration is possible would be entitled to a pre- construction building inspection to document the pre- construction condition of that structure; and • Conduct vibration monitoring during vibration - intensive activities. N0I -6 Contractor shall have a Noise and Vibration Monitoring and Mitigation Plan prepared by a qualified Acoustical Engineer and submit it for approval by Caltrans and the City of Bakersfield prior to construction. The Plan must outline noise and vibration monitoring procedures at predetermined noise and vibration sensitive sites as well as historic properties. Plan also must include calculated noise and vibration levels for various construction phases and mitigation measures that may need to meet the project specifications. The contractor shall not start any construction work or operate any noise generating construction equipment at the construction site before approval of the Plan. Plan must be updated every three months or sooner if there are any changes to the construction activities. 41 of 51 CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 To be in compliance with the Memorandum of Agreement (see Mitigation CR -3), the plan shall (1) identify procedures for a pre- construction survey of buildings to identify existing cracks and other structural issues; (2) define a pre- construction analysis of anticipated vibration impacts to determine effect thresholds and appropriate measures that might be required to minimize vibration risks during construction; (3) define vibration and analysis methods to be used during construction and outline specific protective response provisions should adverse effects to structural and /or material integrity occur during construction, c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Facts Supporting Finding A permanent increase in ambient noise level would occur as a result of the long -term use of the Project. A traffic noise impact would occur when the future noise level with the Project results in a substantial increase in noise level from existing baseline noise levels. Based on the noise analysis, two receivers would have a substantial increase in noise due to the widening of 24Th Street to the north. The increase in noise levels at these receivers is considered perceptible to the human ear in an outdoor environment. Mitigation Measure NOI -7 of the Final EIR would reduce impacts below a level of significance. The measure is as follows: N0I -7 Based on the studies completed and soundwall survey results, Caltrans and the City of Bakersfield intend to incorporate noise abatement in the form of soundwalls at the following locations for the Project. • Soundwall 1 A at Receiver R -4A with a respective length of 230 feet and average height of 8 feet. Calculations based on preliminary design data indicate that Soundwall 1 A would reduce noise levels by 6 dB and benefit one residence at a cost of $116,610. Soundwall 1 will be constructed at the City's expense. • Soundwall 6 at Receiver R -52 with a respective length of 60 feet and average height of 8 feet. Calculations based on preliminary design data indicate that Soundwall 6 would reduce noise levels by 8 dB and benefit one residence at a cost of $36,230. • Soundwall 8 at Receivers R -57 through R -59 with a respective length of 166 feet and average height of 8 feet, Calculations based on preliminary design data indicate that Soundwall 8 would reduce noise levels by 5 to 8 dB and benefit seven residences at a cost of $99,884. • Soundwall 9 at Receivers R -76 through R -77 with a respective length of 194 feet and average height of 6 feet. Calculations based on preliminary design data indicate that Soundwall 9 would reduce noise levels by 6 dB and benefit two residences at a cost of $97,570. • Soundwall 10 at Receiver R -82 with a respective length of 65 feet and average height of 10 feet, Calculations based on preliminary design data indicate that Soundwall 10 would reduce noise levels by 10 dB and benefit one residence at a cost of $45,195, r, 42 of 51 • B A K E R 5 F I E L D CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Soundwall 11 at Receivers R -90 through R -91 with a respective length of 207 feet and average height of 12 feet, Calculations based on preliminary design data indicate that Soundwall 11 would reduce noise levels by 5 to 11 dB and benefit four residences at a cost of $163,398. Soundwall 12 at Receivers R -96 through R -97 with a respective length of 137 feet and average height of 10 feet. Calculations based on preliminary design data indicate that Soundwall 12 would reduce noise levels by 6 to 10 dB and benefit three residences at a cost of $95,517. If during final design conditions have substantially changed, noise abatement may not be necessary. The final decision of the noise abatement will be made upon completion of the project design and the public involvement processes. The physical characteristics of the noise abatement described may be subject to change or refinement by the project development team and /or the City of Bakersfield. During final design, if conditions have substantially changed, noise abatement may not be necessary. The final decision on noise abatement would be made on completion of the project design and the public involvement processes. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Facts Supporting Finding See response to Noise a) above for Facts Supporting Finding and Mitigation Measures. POPULATION AND HOUSING. As noted above in Section VI, although impacts were determined to be less than significant, Minimization Measure R -1 of the Final EIR will be implemented, The measure is as follows; R -1 Where acquisition and relocation are unavoidable, the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the 1987 Amendments, as implemented by the Uniform Relocation Assistance and Real Property Acquisition Regulations for Federal and Federally Assisted Programs adopted by the U.S, Department of Transportation (March 2, 1989) shall be followed. Relocation advisory assistance shall be provided to any person, business, farm, or nonprofit organization displaced as a result of the acquisition of real property for public use, PUBLIC SERVICES. Would the project: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services; Parks? 43 of 51 B A K E R S F I E L D Facts Supporting Finding CITY OF BAKERSFIELD 24t' Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 The Project would result in the permanent use of 0,8 acre of land from the total 26.3 acres in Beach Park, This represents about 3 percent of the total area of this park. This land would be permanently incorporated in the public right -of -way to accommodate the widened 24th and Oak streets. Specifically, the Project would use a narrow strip of land along the north boundary of Beach Park next to the existing right -of -way for 24th Street and a narrow strip of land along the east boundary of Beach Park next to the existing right -of -way for Oak Street, The two strips of land would be used for construction of an embankment next to the improved 24th and Oak streets. This would be a permanent use of 0,8 acre of land from Beach Park, The Kern River Parkway Bike Trail would need to be closed temporarily during construction on the 24th Street bridge. Mitigation Measures LU -1 and LU -2 of the Final EIR would reduce impacts below a level of significance, The measures are as follows: LU -1 When temporary closures of the Kern River Parkway Bike Trail are necessary to accommodate construction on the 24th Street bridge from under the bridge, trail users shall be stopped north and south of the closure by flag persons and directed to a temporary detour route. Trail users shall be provided maps showing the detour route and shall be provided information on the anticipated length of time each closure will be in effect. The detour for southbound bicyclists shall begin at the cul -de -sac at the north end of Oak Street, north of 24th Street, and then travel southbound, cross 24th Street, and turn west onto 21 st Street. Bicyclists shall then travel through Beach Park and reconnect with the Kern River Parkway Bike Trail using the existing paved path from Beach Park. The detour for northbound bicyclists shall be opposite the detour for southbound bicyclists, beginning at the existing paved path from the bike trail to Beach Park and ending at the Oak Street cul -de -sac. LU -2 Land affected by the Temporary Construction Easements within Beach Park and the Kern River Parkway Bike Trail shall be restored to its existing or better condition at the completion of the construction of the project in those areas. VIII. FINDINGS REGARDING INFEASIBILITY OF MITIGATION MEASURES FOR SIGNIFICANT IMPACTS The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to Public Resources Code 21081 (a)(3) and State CEQA Guidelines §15091 (a)(3) that (i), that specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures identified in the Final EIR and, therefore, the Project will cause significant unavoidable impacts in the category of Cultural Resources (Historic Resources). CULTURAL RESOURCES: Would the project: a) Implementation of the project would cause a substantial adverse change in the significance of a historical resources as defined in § 15064.5. c 44 of 51 B A K E R S F I E L D Facts Supoortina Finding CITY OF BAKERSFIELD 24 " Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Based on the analysis contained in the FEIR /EA, the Project may result in significant unavoidable environmental impacts with respect to historic resources. While a Memorandum of Agreement (Appendix D of the FEIR /EA) has been developed by Caltrans in consultation with the California State Historic Preservation Office to avoid, minimize, or mitigate impacts to the built environment, and includes specific measures to have historic contributors to two National Register of Historic Places - eligible Historic Districts be offered up for relocation so as to avoid their destruction, there remains a potential that one or more of the contributor houses will not be relocated and will be ultimately demolished, as per the Section 106 Memorandum of Agreement. In addition, the Project involves the demolition of the property located at 2312 24th Street, which was identified as significant in an historical resource survey meeting the requirements of Section 15064.5 (a)(2) and is therefore also subject to the California Environmental Quality Act. The demolition of historic resources cannot be mitigated to a less than significant level. Therefore, the Project would have a significant and unavoidable impact on historic resources. The Memorandum of Agreement was signed by Caltrans and the State Historic Preservation Officer, as well as the City of Bakersfield, on October 26, 2012. Approved mitigation to avoid or minimize the effects is described in Mitigation Measures CR 3 and CR -4 below. CR -3: The City, in consultation with Caltrans Headquarters Cultural Studies Office, Department District 6, and the State Historic Preservation Officer, so as to avoid inadvertent damage to historic properties and ensure the protection of their material and structural integrity, will develop a Noise and Vibration Monitoring and Mitigation Plan. The plan will (1) identify procedures for a pre- construction survey of buildings to identify existing cracks and other structural issues; (2) define a pre - construction analysis of anticipated vibration impacts to determine effect thresholds and appropriate measures that might be required to minimize vibration risks during construction; (3) define vibration and analysis methods to be used during construction and outline specific protective response provisions should adverse effects to structural and /or material integrity occur during construction. The Noise and Vibration Monitoring and Mitigation Plan shall be prepared prior to the start of any construction activities that will result in vibration. The Noise and Vibration Monitoring and Mitigation Plan will be coordinated with the Caltrans' Standard Special Provisions, Caltrans' Environmental Commitments Record, and as notes to be included in the construction plans for contractors. The City shall be responsible for repairing any material or structural damage including cosmetic cracks caused to any historic property as a result of vibration. Any required repairs to restore a historic property to its condition prior to the construction work shall be carried out in accordance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, As all historic buildings (including contributors) within the Undertaking Area of Potential Effects are privately -owned properties, consent with the owner shall be obtained before any pre- construction survey, or repair work, if needed, is conducted. J 45 of 51 B A 6 E R S F I E L D CITY OF BAKERSFIELD 24t1' Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 CR -4 Impacts to the built environment related to selection of either alternative, and assuming the project alternative ultimately selected will have adverse effects on the following historic property, these measures apply only if in such cases an adverse effect will occur to the property due to implementation of the undertaking: 1. South of 24th Street Historic District a) Prior to any work that will adversely affect any characteristics that qualify the South of 24th Street Historic District as a historic property, Caltrans shall ensure that the recordation measures set forth in section 1,b and 1.c below are completed. b) The City shall take large- format (4" x 5- or larger negative size) black and white photographs showing elevations of each of the individual historic district contributors located within the Area of Potential Effects. Photographs shall be processed for archival permanence in accordance with the Historic American Building Survey photographic specifications. Views of the individual contributors shall include details of unique or character - defining architectural features and overviews of the property's setting and vegetation. A minimum of twenty large format photographs that address various neighborhood street views in the historic district, both within and outside the Area of Potential Effects, separate from photographs of the individual contributors, also shall be taken, A written report of between 50 and 75 pages shall be prepared, which upon its completion and approval shall be distributed, at a minimum, to the Regional Information Center at California State University - Bakersfield, the City of Bakersfield Beale Library California Room, Kern County Museum, Caltrans District 6, California Office of Historic Preservation and Caltrans Headquarters Library and History Center. c) For those contributors to the South of 24th Street Historic District which will be directly impacted by the project, including relocation or destruction, in addition to the requirements established in 1.b of this mitigation measure, the City shall take large- format photographs of interior detailing, if possessing integrity and dating from the period of historic significance, as determined by the Caltran's principal architectural historian or professionally qualified staff designee. Caltrans will consult with the State Historic Preservation Officer regarding recordation level and specifications for completing additional documentation. d) The City, in concert with Caltrans Headquarters Cultural Studies Office and District 6, will prepare a marketing plan to offer to the public the availability and relocation of each of the residential property contributors in the South of 24th Street Historic District which will be directly impacted and fully acquired for right -of -way 46 of 51 • B A K E R S F I E L D CITY OF BAKERSFIELD 241h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 purposes by the undertaking, if avoidance is not feasible. Notices of availability will be made through local newspapers and letters to be sent to local historical museums and heritage organizations. Such buildings will be available for a minimum of thirty calendar days and building relocation costs will only be reimbursed for up to the estimated cost of demolition. The current owner will have the right of first refusal. e) If any buildings considered historic contributors will not be relocated as specified in 1.d of this mitigation measure, as appropriate, decorative, interpretive or character - defining building elements will be offered by the City to local historical societies /museums, then offered to architectural recycling companies before demolishing the building completely. f) The City, in consultation with Caltrans Headquarters Cultural Studies Office, District 6, and State Historic Preservation Officer, will develop an interpretive Project that results in the documentation of the district's history and meaning to the general public by means of a pamphlet (not to exceed 24 pages) on the immediate area's architectural heritage, This pamphlet will highlight the South of 24th Street Historic District, in the context of the social, economic, and cultural trends of the late nineteenth to mid - twentieth century, with an emphasis on the styles reflected in the contributors within the district. Five hundred copies of the pamphlet will be published. These professionally researched, written and printed materials will be offered at no cost through the local museums and heritage organizations. g) The City, in consultation with Caltrans Headquarters Cultural Studies Office, District 6, and the State Historic Preservation Officer, shall contribute content to a City- maintained website that will provide a user - friendly guide on the various major architectural design styles represented within the South of 24th Street Historic District, (with a special focus on the styles of the contributors) and may include display historic photographs, maps, and other readily accessible background materials. The City shall create the website within two years of execution of the signed Memorandum of Agreement (signed on December 5, 2012) for this project and maintain the website through construction of the Project. h) Incorporation of hardscape features (including soundwalls) and landscape and architectural treatments that are compatible with the general character of the South of 24th Street historic district, including color, texture, plants and vine treatment, shall be considered by the City, as feasible. If such context sensitive features are not feasible, documentation to justify the decision shall be submitted to Caltrans Headquarters Cultural Studies Office, District 6, and the State Historic Preservation Officer. 47 of 51 y F-- cJ C'; i B A K E R S F I E L D CITY OF BAKERSFIELD 24`h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 i) The City, in consultation with Caltrans Headquarters Cultural Studies Office, District 6, and the State Historic Preservation Officer, shall restore any contributor parcels for which a temporary construction easement is required to its pre- construction conditions, following the Secretary of the Interior's Standards for the Treatment for Historic Properties with Guidelines for Rehabilitation. 2. North of 24th Street Historic District The project was determined to not adversely affect the historic district to the north of 24th Street. The recordation measures set forth in Measure CR -4, sections l.b, l.c, l.f, and l.g will also include those parcels acquired and affected by the preferred alternative within the historic district north of 24th Street. IX. FINDING REGARDING ALTERNATIVES The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to Public Resources Code 21081 (a)(3) and State CEQA Guidelines § 15091 (a)(3) that (i) the Final EIR considers a reasonable range of project alternatives and mitigation measures. The following three 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 Project; "No Project" Alternative Under the No -Build (No Project) Alternative, no improvements would be made to the existing Oak Street /24th Street intersection and 24th Street other than routine roadway maintenance such as roadway cleaning, pothole repair, landscape maintenance, irrigation repair, inspections, etc. The No -Build Alternative is a baseline by which to measure and compare the proposed improvement (build) alternatives. Traffic modeling for the No -Build Alternative reflects the current highway network augmented by planned transportation projects that are reasonably expected to take place in the design year. The No -Build Alternative would cost nothing at this time, but would have other impacts, Traffic volumes along State Route 178 and Oak Street would increase as the City continues to grow, The existing Level of Service at the State Route 178 /Oak Street intersection would degrade to Level of Service F by 2035. Traffic backups would become longer, and vehicle delays would increase. This Alternative is considered environmentally superior to the Build Alternatives (Alternativel - Widen to the North and Alternative 2 - Widen to the South) because it would avoid all or most of the Project's short -term, long -term, and cumulative impacts. However, it would not meet any of the project objectives, Build Alternatives (Alternative 1, Widen to the North and Alternative 2, Widen to the South) 48 of 51 • B A K E R S F I E L D Build Alternatives (Alternatives 1 and 2) CITY OF BAKERSFIELD 24t' Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 The following design features are the same for both Alternatives 1 and 2: 1. State Route 99 /State Route 58 /State Route 178 interchange and northbound State Route 99 auxiliary lane —Widen westbound 24th Street to accommodate an additional lane and improvements at the State Route 99 southbound ramp and construction of a northbound auxiliary lane along State Route 99 south of 24th Street. 2. Oak Street intersection —Make improvements to northbound, southbound, eastbound, and westbound Oak Street approaches, 3. 24th Street Bridge over the Kern River — Remove the existing raised median and rebuild a smaller width raised median near the middle of the 24th Street bridge to accommodate four standard -width lanes in each direction and shoulders. 4. Bus turnouts —Add bus turnouts at Oak Street and Encina /E Street (westbound) /G Street (eastbound). 5. Reverse curve (S curve) —Build a new reverse curve (the street curves from one direction to the other) that begins along 24th Street near Alder Street (A Street) and ends along 23rd Street near D Street. 6. Two -way frontage road connecting Elm Street to Beech Street —Build a two -way frontage road on the north side of 24th Street connecting Elm Street to Beech Street, providing additional access to Elm Street. 7. 23rd Street /24th Street couplet (from D Street to 0.2 mile east of M Street) —Make improvements to the 23rd Street /24th Street couplet (a pair of one way streets), including removing existing on- street parking along 23rd and 24th Streets, rehabilitating the roadway, and restriping to allow an additional travel lane in each direction, 8. Close D Street on the north side of 23rd Street (Segment 4) 9. Enhanced landscaping in the median and parkway areas (the area outside of the shoulder of the roadway) on both the north and south sides of the facility within Segment 3 from Oak Street on the west to C Street on the east, and along the south side of 23rd Street between C Street and D Street. Unique Features of the Build Alternatives Alternatives 1 and 2 would include the above design features, but would differ where 24th Street is widened to the north or south. Alternative 1 would widen 24th Street to the north of its existing alignment, and Alternative 2 would widen 24th Street to the south of the existing roadway alignment. The two build alternatives are summarized below. Alternative 1 (Widen to the North) Alternative 1 would widen 24th Street to the north and would encompass the State Route 99 interchange and auxiliary lane, the Oak Street /24th Street intersection, the 24th Street widening to the north, and the 24th Street couplet area. The widening to the north along 24th Street would add two travel lanes (one in each direction). The proposed roadway alignment would be shifted north of the existing alignment about 17 feet, which would minimize the right -of -way acquisition on the south side of 24th Street required for the roadway widening. Impacts include full and partial right -of -way acquisitions and reconstruction of Carrier Canal on the north and south sides of 24th Street, 49 of 51 e B A K E R S F 1 E L D CITY OF BAKERSFIELD 24'h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 Alternative 2 (Widen to the South) Alternative 2 would include the State Route 99 interchange and auxiliary lane, the Oak Street /24th Street intersection, the 24th Street widening to the south, and the 23rd Street and 24th Street couplet area. The widening to the south would add two travel lanes (one in each direction). The proposed roadway alignment would be shifted south of the existing alignment about 21 feet, which would minimize the right -of -way acquisition on the north side of 24th Street required for the roadway widening, and accommodate residential garage access from the north properties directly to 24th Street. Impacts include full and partial right -of -way acquisitions and reconstruction of Carrier Canal on the north and south sides of 24th Street. Identification of a Preferred Alternative The Draft Environmental Impact Report /Environmental Assessment was circulated for public review between May 22, 2012 and July 16, 2012, A public hearing was held at the Rabobank Convention Center on June 26, 2012 and at the City of Bakersfield Planning Commission, City Hall South -City Council Chambers on July 5, 2012. All comments from the public hearings and those received during the public review period were considered and addressed in the Final Environmental Impact Report /Environmental Assessment, The Project Development Team has identified Alternative 1 -Widen to the North as its recommended preferred alternative for the final environmental document. The City and Caltrans have made this decision based on the ability of this alternative to meet the defined project objectives, engineering considerations, key project characteristics, and potential environmental impacts. This alternative has been selected as the best choice for achieving the project's purpose to address existing traffic congestion and future travel demand along 24th Street. "Environmentally Superior" Alternative The purpose of the Alternatives evaluation is to develop Project Alternatives that have fewer or no significant impacts compared to the Project. CEQA Section 15126.6(e)(2) indicates that, if the "No Project" 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" Alternative is the environmentally superior Alternative, as it would not result in environmental impacts associated with construction and long -term operation. The "No Project" Alternative would have equivalent or lesser environmental impacts when compared to the Project in the categories of agricultural resources, geology and soils, land use and planning, mineral resources, population and housing, utilities and service systems, biological resources, cultural resources, noise, and recreation and cumulative impacts. This Alternative does not meet the Project Objectives. Therefore, this Alternative has been rejected as an environmentally superior alternative. The "Alternative 2 - Widen to the South" Alternative would have equivalent or lesser environmental impacts when compared to the Project in the categories of aesthetics, agricultural resources, air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation /traffic, utilities and service systems, and cumulative impacts. This 50 of 51 - B A K E R S F I E L D CITY OF BAKERSFIELD 24`h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 alternative results in a higher number of historic resources to be acquired than the Project (Alternative 1 - Widen to the North). Therefore, this Alternative has been rejected as an environmentally superior alternative, Based on the reasons stated above, Alternative 1 - Widen to the North (Project, Recommended Preferred Alternative) is the environmentally superior Alternative because no other Alternative feasibly achieves the objectives of the Project and reduces the potentially significant impacts to historic resources of the Project. 51 of 51 B A K E R S F I E L D EXHIBIT A -3 CITY OF BAKERSFIELD 24th Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 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 Environmental Impact Report but are not at least substantially mitigated, the agency shall state in writing the specific reasons the action was supported. Any statement of overriding considerations should be included in the record of project approval and should be mentioned in the Notice of Determination, To the extent the significant effects of the project are not avoided or substantially lessened to a level of insignificance, the City of Bakersfield, having reviewed and considered the information contained in the Final Environmental Impact Report for the Project, and having reviewed and considered the information contained in the public record, and having balanced the benefits of the Project against the unavoidable effects which remain, finds that such unmitigated effects to be acceptable in consideration of the following overriding considerations discussion. The City finds that all feasible mitigation measures have been imposed to lessen Project impacts to less than significant, and furthermore, that alternatives to the Project are infeasible because they have greater environmental impacts, do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Project findings. Based on the analysis contained in the Final Environmental Impact Report/Environmental Assessment (FEIR /EA), the Project may result in significant unavoidable environmental impacts with respect to historic resources. While a Memorandum of Agreement (Appendix D of the FEIR /EA) has been developed by Caltrans in consultation with the California State Historic Preservation Office to avoid, minimize, or mitigate impacts to the built environment, and includes specific measures to have historic contributors to two National Register of Historic Places - eligible Historic Districts be offered up for relocation so as to avoid their destruction, there remains a potential that one or more of the contributor houses will not be relocated and will be ultimately demolished, as per the Section 106 Memorandum of Agreement, In addition, the Project involves the demolition of the property located at 2312 24th Street, which was identified as significant in an historical resource survey meeting the requirements of Section 15064,5 (0)(2) and is therefore also subject to the California Environmental Quality Act. The � ✓1 r, 1 of 2 B A K E R 5 F 1 E L D CITY OF BAKERSFIELD 24`h Street Improvement Project NCIIPLN 5109 (111), NCIIPLN 5109 (110) SCH No. 2008041070 demolition of historic resources cannot be mitigated to a less than significant level. Therefore, the Project would have a significant and unavoidable impact on historic resources, 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 Environmental Impact Reports prepared for the 24th Street Improvement Project and the public record. The Project benefits include the following; • Addresses existing traffic congestion and future demand consistent with local and regional plans. • Includes aesthetic and landscaping enhancements that compliment and are compatible with the existing homes and landscaping contained within the Westchester and Riviera neighborhoods. • Improves air quality by reducing vehicle emissions due to increased idling during congested conditions. • Reduces impacts to historic resources within the Westchester and Riviera neighborhoods, • Improves water quality through the implementation of small and large footprint best management practices (basins). • Enhances the design and operational safety of the "S" curve (couplet area) along 24th Street. • May generate local jobs and economic opportunities during construction, 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 24th Street Improvement 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 on Cultural Resources (Historic Resources) from the 24th Street Improvement Project, which cannot be eliminated or reduced to a level less than significant, f 2 of 2 CITY OF RAKERSFIELD 241h Street Improvement Project H A K E R S F I E L D SCH No. 2008041070 EXHIBIT A -4 1.0 MITIGATION MONITORING PROGRAM 1.1 MITIGATION AND MONITORING PROGRAM CONTENTS This document is the Mitigation Monitoring Program (MMP) for the 24th Street Improvement Project (SCH No. 2008041070). 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. 1.2 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 /EA (Environmental Assessment) prepared for the 24th Street Improvement Project. It is intended to be used by City of Bakersfield (City) staff, participating agencies, project contractors, and mitigation monitoring personnel during implementation of the 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. 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. -a 1 of 35 CITY OF BAKERSFIELD ® 24th Street Improvement Project SCH No. 2008041070 B A K E R S F I E L D 1.3 MITIGATION MONITORING TABLE The Mitigation Monitoring Table identifies the mitigation measures proposed for the 24th Street Improvement Project. These mitigation measures are reproduced from the EIR /EA 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 /EA for a specific impact, along with the number for each measure enumerated in the EIR /EA. 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. 1.4 NONCOMPLIANCE COMPLAINTS Any person or agency may file a complaint asserting noncompliance with the mitigation measures associated with the 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. 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O c U O O Z' O C j N _p U c- c a C o p 0) p 0 •o C N c p d E 7 :C o 0 _Y'0 5O oc C -04) c �� Oc .0(}E a) L � it 75 00O)�O 0)c`N c N 0 to 0 0 p O'D 0 c N Z o c E a '0 E� o p 0)a i N 0 N h N c E U a Q u h 0) c 0 0 c D 03 Sc m°- oaciEac: oEEoa3`o C O N p� O _ rn r- ( M r l J EXHIBIT A -5 B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy - City Manager FROM: Raul Rojas - Public Works Director DATE: 11/12/2013 SUBJECT: 24TH STREET IMPROVEMENT PROJECT - OVERVIEW OF SELECTION OF THE PREFERRED ALTERNATIVE AND SUMMARY OF FINDINGS AND CONCLUSIONS OF THE ENVIRONMENTAL ANALYSIS After completing an extensive and exhaustive environmental legal review of the documents prepared by the TRIP Team in connection with the 24th Street Improvement Project, the project is sufficiently complete and adequate to support approval and the project moving forward. Selection of the Preferred Alternative The Project Development Team held a meeting on April 12, 2013, after the close of the Draft Environmental Impact Report /Environmental Assessment (EIR /EA) public comment period (May 23 through July 15, 2012), to recommend a preferred alternative based on specific criteria including geometric flexibility, roadway and pedestrian safety, historical compatibility, public support, environmental impacts, right -of -way acquisition needs, overall cost, and constructability. After careful consideration of all these concerns, and in further consideration of all other environmental analyses, Alternative 1 -Widen to the North was selected by Caltrans and the City of Bakersfield as the Recommended Preferred Alternative. Purpose and Need of the Project The purpose of the project is to address existing traffic congestion and future travel demand along 24th Street by 2035. The project is needed in order to address anticipated growth and the associated traffic which will occur. Both Alternatives 1 (widen to the north of 24th Street) and 2 (widen to the south of 24th Street) accomplish the project's purpose and need. Environmental Considerations An extensive environmental analysis was undertaken for the project and included the preparation and circulation of an EIR /EA. With the exception of the environmental parameters noted below, the impacts of the Alternatives were similar. The most weight was given to the cultural resources criteria, since it has the largest difference in impacts between the two build alternatives. Criteria Requires acquisition of the least amount of right - of -way necessary from adjacent property owners Number of full acquisitions Number of partial acquisitions Number of Temporary Construction Easements (TCEs) Cultural Resources & Section 4(f) Build Alternative 1 Widen to the North' 23 (Totaling 220,899 square feet or 5.07 acres) 29 (Totaling 59,645 square feet or 1.36 acres) 110 (Totaling 145,249 square feet or 3.33 acres) Alternative 1 would result in impacts to both the historic districts to the north and south of 24th Street. However, the preferred alternative would result in less impact on the historic district to the south since fewer historic resources would be affected. Similarly, the preferred alternative would have fewer impacts on the historic district to the north since there are more properties in this district compared to the south and the Build Alternative 2 Niden to the South 23 (Totaling 227,015 square feet or 5.21 acres) 21 (Totaling 66,210 square feet or 1.51 acres) 95 (Totaling 141,9819 square feet or 3.25 acres) Alternative 2 would result in impacts to both the historic districts to the north and south of 24th Street. However, Alternative 2 would have greater impact to the historic district to the south. This district is viewed as a unique and limited resource when compared to the northern district. The historic district south of 24th Street is smaller and has fewer properties representative of the district's characteristics. The State Historic Preservation Officer concurred with r- Cost and Engineering Considerations There is a difference in total project capital outlay costs ($33,363,000 million for Alternative 1 and $34,220,000 million for Alternative 2). However, despite the costs for Alternative 1 being lower it is considered superior in engineering design as it provides a minimum number of driveway in /out points, which would enable a more efficient flow of traffic and possibly reduce the risk of vehicle collisions along 24th Street. Conclusion Alternatives 1 and 2 have largely similar environmental impacts. However, the State Historic Preservation Officer determined that the recommended preferred alternative would result in less impact to the historic district to the south. In addition, the recommended preferred alternative would enable more efficient flow of traffic and possibly reduce the risk of vehicle collisions along 24th Street. For these reasons, the PDT selected Alternative 1 as the recommended preferred alternative. Build Alternative 1 Build Alternative 2 Criteria Widen to the North Widen to the South overall impact would these findings. be less. The State Historic Preservation Officer concurred with these findings. Seven soundwalls (1059 Seven soundwalls (724 feet total length) feet total length) recommended; all recommended; one approved by benefited soundwall (100 feet in property owners. length) was not approved by all benefited property owners and will not be Noise recommended for construction. Approach or exceed Approach or exceed noise abatement noise abatement criteria criteria at 25 sensitive at 22 sensitive receptors; receptors; reduced reduced through through abatement abatement measures. measures. Cost and Engineering Considerations There is a difference in total project capital outlay costs ($33,363,000 million for Alternative 1 and $34,220,000 million for Alternative 2). However, despite the costs for Alternative 1 being lower it is considered superior in engineering design as it provides a minimum number of driveway in /out points, which would enable a more efficient flow of traffic and possibly reduce the risk of vehicle collisions along 24th Street. Conclusion Alternatives 1 and 2 have largely similar environmental impacts. However, the State Historic Preservation Officer determined that the recommended preferred alternative would result in less impact to the historic district to the south. In addition, the recommended preferred alternative would enable more efficient flow of traffic and possibly reduce the risk of vehicle collisions along 24th Street. For these reasons, the PDT selected Alternative 1 as the recommended preferred alternative. The TRIP team has defined the project, evaluated its effects of the environment, identified mitigation measures, considered alternatives, circulated the draft document for public review and responded to comments, performed substantial public outreach and is now in position to readily assemble and prepare the final environmental documents and proceed with project approval. L E- /t /I S 221 North Figueroa Street, Suite 1200 BRISBOls Los Angeles, California 90012 BISGAARD Telephone: 213,250.1800 & SMITH LLP Fax: 213.250.7900 ATTORNEYS AT LAW www.lbbslaw.com DANIEL V. HYDE April 8, 2013 Fife No. DIAe T DIAL: 213.680.5103 32958.2 E -MAIL: HYDE@LBBSLAW.COM Mr. William Knoetge.n Program Manager, Parsons Thomas Roads Improvement Program 9o0 Truxtun Ave; Suite 201 Bakersfield, CA 93M Re: 24th Street Improvement Proiect Dear Mr. Knoetgen: we are pleased to report we have completed an extensive legal review of the environmental documents prepared by the Thomas Roads Irnproven•►ent Program (TRIP) team in connection with the referenced project.. We balleve the documents are sufficiently complete and adequate to support the project moving forword: The TRIP team has defined the project, evaluated its potentially significant effects on the environment, identified mitigation rrieasui'es, considered a reasonable range of alternatives, circulated the draft document for public review, perf�ormQd substantial public outreach; and is now in a position to readily assemble and prepare the final environmental documents and proceed. with pro) approval; Public review closed in. Jl d of 2b'12 and responses to public comments Were timely prepared: The enTrironmerltal docUmeiyts were then submitted to Caltrans for technical review and quality control. This occ-urred over three months ago, and we are concerned that further delays in the Caltrans review process may have a detrimental effect on the project.. The California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) do not require technical perfection in environmental impact reports, but rather adequacy, completeness, and a good -faith effort at full disclosure. (CEQA Guidelines section '15033(i).) We believe that the TRIP team has exceeded. this stand. ard. While no. environmental document can anticipate every argument or challenge that could be raised in connection with a proposed project, it is important to understand that there are available avenues to address any found deficiencies in a relatively expeditious manner. ATLANTA - BEAUMONT - CHARLESTON - CHICAGO - DALLAS - FORT LAUDERDALE - HOUSTON - LA 61UINTA • LAFAYETTE - LAS VEGAS - LOS ANGELES - MADISON COUNTY NEW ORLEANS - NEW YORK - NEWARK - ORANGE COUNTY - PHOENDC - SACRAMENTO - SAN BERNARDINO - SAN DIEGO - SAN FRANCISCO - SEATTLE - TAMPA - TENECULA - TLICSON 4831 -3064- 6291.1 William Knoetgen April 8, 2013 Page 2 Challenges under CEQA must be filed within 30 days of notice of completion. (CEQA §21167(c).) CEQA cases are entitled to a preferential hearing date. (CEQA §21167.1) Even in the event of a successful challenge to an environmental document, the court may only issue those mandates that are necessary to achieve compliance with CEQA and only those specific project activities in noncompliance with CEQA. In other words; the court must tell the lead agency what it has found wrong, and the court to jurisdiction to assess the adequacy of eventual corrections. The agency-does not have to start over. While we don't envision the need will arise in connection with these. documents, it should be kept in mind that in the event that new information or revised analysis is required environmental documents can be revised and recirculated before or afiter cet'tlficat oIn Only revised p©rtions of the documents have to be recirculated apd public comment may be restnoted to tfie modified portions (C8. 1. Guidelines §II #50$8,5 (c) and () It is therefore feasible to address and correct any inadequacies in a rela#IVe1y Hie11 prepared environmental document promptly.. The TRIP team is confident that they could accomplish this,. if the need arises, in a timely and epedtousanner. The conclusions of the environmental documents for this project 0o are based on air quality, biological; traffic, and other techiicai studies that wer$mpletod many rrronths ago, The inforrnatiOr► on which those studies were based is subject to change, In our view, the potential for changed conditions that arises from the mere passage of timereserrts a far greater threat to the sufficiency of the project documents than the [slues that could be. raised at this Dint through a judicial challenge The TRIP team has also e; poa._ p considerable energy and resources conducting public outreach, and the project has won a signifcant amount public acceptance. This too could cbange if there is further delay. We believe these concerns should be brought to the attention of the City and consideration given to respectfully urging Caltrans to complete its review of the environmental documents for this project as soon as possible: DVH cc: Alan Tandy Very tr I yours, fanial V. Hyde of LEWIS BRISBOIS BISGAARD & SMITH LLP LEWIS BRISBOIS BISGAARD & SMITH LLP • www.lbbslaw.com 4831 -3064- 6291.1 U ;tti