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HomeMy WebLinkAbout02160029_Sec01-00_IntroductionWest Ming Specific Plan - Draft EIR Introduction Michael Brandman Associates 1-1 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec01-00_Introduction.doc SECTION 1: INTRODUCTION 1.1 - Purpose of the EIR 1.1.1 - Authority and Purpose The City of Bakersfield (City), as lead agency pursuant to the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq., prepared this draft environmental impact report (Draft EIR) to identify and evaluate the potential environmental impacts associated with implementation of the annexation, general plan amendments, specific plan, zone changes, development agreement, Federal Emergency Management Agency letter of map revisions, and related approvals proposed for the West Ming Project. This document is a Program EIR and has been prepared in conformance with CEQA; the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.); and the rules, regulations, and procedures for implementing CEQA as adopted by the City of Bakersfield. The proposed project will result in the establishment of a new community that will be developed in accordance with the provisions and regulations outlined in the West Ming Project. The Specific Plan includes a maximum of 7,450 residential units, 478,880 square feet of commercial, 331,200 square feet of town center commercial and mixed use, 1,135,000 square feet of special uses (light industrial, mineral and petroleum, public facilities, open space, parks, public transportation, office and other uses as permitted by the Specific Plan). CEQA requires that all state and local government agencies consider the environmental consequences of projects over which they have discretionary authority before taking action on them. The purpose of this Draft EIR is to inform agencies and the public of significant environmental effects associated with the proposed project, describe and evaluate reasonable alternatives to the project, and propose mitigation measures that would avoid or reduce the project’s significant effects. In accordance with Section 15121(a) of the CEQA Guidelines, the purpose of an EIR is to serve as an informational document that will inform public agency decision-makers and the public generally of the significant environmental effect of a project, identify possible ways to minimize the significant effects, and describe reasonable alternatives to the project. The proposed project requires discretionary approvals from the City as well as other public agencies as outlined in Section 3.6; therefore, it is subject to the requirements of CEQA. This Draft EIR evaluates the direct, indirect, and cumulative impacts of the proposed project and alternatives in a comprehensive single environmental document, in accordance with the provisions set forth in CEQA and the CEQA Guidelines. It will be used to address potentially significant environmental issues and to recommend adequate and feasible mitigation measures, where possible, that could reduce or eliminate significant environmental impacts. To that end, the Draft EIR will serve as the primary reference document for the formulation and implementation of a mitigation monitoring or reporting program for the proposed project. Introduction West Ming Specific Plan - Draft EIR 1-2 Michael Brandman Associates H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec01-00_Introduction.doc This EIR will also be used to determine whether subsequent environmental documentation will be required. Subsequent actions on the project site may include, but are not limited to, the consideration of parcel maps, vesting tentative and final tract maps, conditional use permits, oil well abandonment permits, oil drilling permits, remedial operations of oil well permits, etc. The lead agency for a specific action can approve subsequent actions without additional environmental documentation unless as otherwise required by Public Resources Code Section 21166 (subsequent and supplemental EIRs), and the state CEQA Guidelines Sections 15162 (subsequent EIRs and Negative Declarations), 15163 (Supplement to an EIR), and 15164 (Addendum to an EIR or Negative Declaration). 1.1.2 - Program EIR The City has elected to prepare a program environmental impact report (Program EIR) for the proposed project. The West Ming Project is considered a Program because it includes a series of actions that can be characterized as one large project. Codified in Section 15168, et seq., of the State CEQA Guidelines, the series of actions can be related either: • Geographically; • A logical parts in the chain of contemplated actions; • In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program; or • As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. • Use of a Program EIR can provide the following advantages. The Program EIR can: • Provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action; • Ensure consideration of cumulative impacts that might be slighted in a case-by-case analysis; • Avoid duplicative reconsideration of basic policy considerations; • Allow the Lead Agency to consider broad policy alternatives and program-wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts; and • Allow reduction in paperwork. • Subsequent activities in the Program must be examined in the light of the Program EIR to determine whether an additional environmental document must be prepared according to the following criteria. • If a later activity would have effects that were not examined in the Program EIR, a new Initial Study would need to be prepared leading to either an EIR or a Negative Declaration. West Ming Specific Plan - Draft EIR Introduction Michael Brandman Associates 1-3 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec01-00_Introduction.doc • If the agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document would be required. • An agency shall incorporate feasible mitigation measures and alternatives developed in the Program EIR into subsequent actions in the Program. • Where the subsequent activities involve site specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were covered in the Program EIR. • A Program EIR will be most helpful in dealing with subsequent activities if it deals with the effects of the Program as specifically and comprehensively as possible. With a good and detailed analysis of the Program, many subsequent activities could be found to be within the scope of the project described in the Program EIR, and no further environmental documents would be required. 1.1.3 - Residential Projects Pursuant to Specific Plan If the City finds that a residential project is undertaken pursuant to and in conformity to the West Ming Specific Plan and meets the requirements of Section 15182 of the State CEQA Guidelines, no EIR or negative declaration need be prepared for that project. 1.1.4 - Lead Agency Section 15367 of the State CEQA Guidelines defines the Lead Agency as “… the public agency, which has the principal responsibility for carrying out or approving a project.” Criteria considered in identifying the Lead Agency include whether the agency: 1) has the greatest responsibility for supervising or approving the project as a whole; 2) is an agency with the general governmental powers; and 3) will act first on the project in question (State CEQA Guidelines §15051). As previously stated, the Lead Agency for this Draft EIR is the City. In this capacity, the City is responsible for review of the environmental documentation through certification of a Final EIR, and subsequent implementation of the proposed project. This Draft EIR reflects the independent judgment and analysis of the City as required by the State CEQA Guidelines. In accordance with Section 15091 of the State CEQA Guidelines, the Lead Agency would be required to make findings for each significant environmental impact of the project. If a lead agency approves the project, and it has significant impacts that are not substantially mitigated (i.e., significant unavoidable impacts), the lead agency shall adopt a written statement specifying the reasons for approving the project, based on the final CEQA document and any other information in the public record for the project. This is termed, per Section 15093 of the State CEQA Guidelines. “a statement of overriding considerations.” Introduction West Ming Specific Plan - Draft EIR 1-4 Michael Brandman Associates H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec01-00_Introduction.doc 1.1.5 - Responsible Agencies Section 15381 of the State CEQA Guidelines defines the Responsible Agency as “a public agency which proposes to carry out or approve a project, for which a Lead Agency is preparing or has prepared an EIR or Negative Declaration.” A Responsible Agency includes all public agencies other than the Lead Agency which have discretionary approval power over the project. The known Responsible Agencies associated with the West Ming Project include County of Kern Local Agency Formation Commission, Federal Emergency Management Agency, California Department of Conservation, Division of Oil, Gas, and Geothermal Resources, and Panama-Buena Vista Union School District. 1.2 - Scope of the EIR 1.2.1 - Scope and Content of This EIR This DEIR has been prepared primarily by Michael Brandman Associates (MBA) under direct contract to the City, and has been independently reviewed by City staff. Technical studies have been prepared by other consultants; however, reviewed for CEQA adequacy by MBA. Section 10 of this DEIR includes a Report Preparation Personnel list. Scope The scope of the DEIR includes issues identified by the City of Bakersfield during the preparation of the Initial Study (IS) and Notice of Preparation (NOP) for the proposed project, and issues raised by agencies and the general public in response to the IS/NOP, as described below. More specifically, the following issues have been determined to be potentially significant and are therefore evaluated in this DEIR. The scope of this DEIR is based on issues identified by the City during the preparation of the West Ming Project IS/NOP, written comments received from public agencies and the general public in response to the Notice of Preparation (NOP), and a public scoping meeting. This DEIR has been prepared as a Program EIR with the intent to be used for future environmental analysis of subsequent activities. In order to focus the preparation of this DEIR, the City prepared an Initial Study. Section 15063(c)(3) of the State CEQA Guidelines identifies the following purposes for preparing an Initial Study when the requirement to prepare an EIR has been previously established: • Focus the EIR on the effects determined to be significant; • Identify the effects determined not to be significant; • Explain the reasons for determining that potentially significant effects would not be significant; and • Identify whether a Program EIR, tiering, or another appropriate process can be used for analysis of the project’s environmental effects. West Ming Specific Plan - Draft EIR Introduction Michael Brandman Associates 1-5 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec01-00_Introduction.doc The City circulated a NOP for public review and comment from May 11, 2005 to June 10, 2005, which included the Initial Study. Written comments were received from the following public agencies and individuals. Copies of these letters are contained in Appendix A: • Arthur D. Unger • Berrenda Mesa Water District • City of Bakersfield, Water Resources Department • Kern County Water Agency • Kern County Waste Management Department • North of the River Recreation and Park District • San Joaquin Valley Air Pollution Control District • State of California, Department of Conservation • State of California, Governor’s Office of Planning and Research, State Clearinghouse • State of California, Public Utilities Commission • U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) Environmental Issues Determined To Be Not Significant The environmental issues that are determined not to be significantly affected by the implementation of the West Ming Project and do not require further analysis in this DEIR are briefly described here. For the complete discussion of each environmental issue, refer to the Initial Study contained in Appendix A. Aesthetics The project site and surrounding environment, particularly south and east of the project site, contains visual resource elements that may be considered by some individuals as aesthetically unappealing. These elements include agricultural operations, oil wells, an irrigation canal, and a branch railroad. The development of the project site would result in the elimination of some of these elements, while creating a unique urban visual character in conformance with the West Ming Project design guidelines. The project site does not contain any scenic vistas nor is the site located within or adjacent to a State-designated scenic highway. Although the recreational lake included in the West Ming Project would allow for water-related recreational activities and provide views of the lake from select buildings, they would also reflect sunlight and artificial lighting during the daytime and nighttime. Although light would be reflected from the surface of the recreational lake, it is not anticipated to result in substantial glare. Moreover, the recreational lake is deemed to be a beneficial amenity of the proposed project. Development of the project site will introduce new sources of light and glare through the construction of new homes and commercial uses, which are expected to be in the form of street lights and other low-level lighting, such as security lighting, signage, and landscape lighting. The proposed development would be required to comply with the mandatory obligations related to lighting and glare contained in the Introduction West Ming Specific Plan - Draft EIR 1-6 Michael Brandman Associates H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec01-00_Introduction.doc City’s municipal code. Therefore, implementation of the proposed project would result in less than significant impacts related to visual resources, light, and glare. Mineral Resources The project site contains active, producing oil wells and wells that are no longer active. A Natural Resources Impact Report was prepared for the proposed project, which determined that depending on market pricing for oil, the estimated remaining supply would be exhausted in approximately 10 years (see Appendix H). The proposed project includes a Special Use District that would allow continued oil well production. In addition, existing and future wells located outside of the Special Use District could be accommodated in the land use plan by the designation of single lots as drilling islands that would be used for the production of oil and other related uses. According to the West Ming Specific Plan Compatibility & Safety Assessment prepared by Claude D. Fiddler in December 2004 (see Appendix N), the implementation of the proposed project would not diminish the oil recovery from the reservoirs in the project development area. Although the project would not affect the ability to recover oil resources, the operation of the oil facilities could affect future land uses on the project site. To ensure compatibility between the future land uses on the project site and the existing and future oil production activities on the project site, the following mitigation measure is recommended. • Prior to approval of a tentative tract/parcel map, the project applicant shall submit a petroleum integration plan that shows how all existing petroleum-related facilities will be protected and integrated into the proposed development and provides documentation of compliance with Section 17.46.010 and Section 15.66 of the City Municipal Code. With the approval of the above mitigation measure, potential compatibility impacts associated with onsite oil production activities would be less than significant. Potentially Significant Environmental Issues Based on the foregoing and West Ming Project Initial Study, the environmental issues that could result in potentially significant impacts to the environment that are described and evaluated in the DEIR are listed in Table 1-1 along with the corresponding sections of the DEIR in which they are discussed. Table 1-1: Potentially Significant Environmental Issues Environmental Issue DEIR Document Section Agriculture Resources Section 5.1 Air Quality Section 5.2 Biological Resources Section 5.3 Cultural Resources Section 5.4 Geology and Soils Section 5.5 West Ming Specific Plan - Draft EIR Introduction Michael Brandman Associates 1-7 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec01-00_Introduction.doc Table 1-1 (Cont.): Potentially Significant Environmental Issues Environmental Issue DEIR Document Section Hazards and Hazardous Materials Section 5.6 Hydrology and Water Quality Section 5.7 Noise Section 5.8 Public Services Section 5.9 Recreation Section 5.10 Transportation and Traffic Section 5.11 Utilities and Service Systems Section 5.12 Population and Housing Section 5.13 Organization of the Document In addition to this introduction section, the remainder of the DEIR is organized into the following main sections: Section 2: Executive Summary This section includes a summary of the West Ming Project and summary of the alternatives to the proposed project addressed in the DEIR. Also included are brief descriptions of the areas of controversy and issues to be resolved, and a table that summarizes the project and cumulative impacts, mitigation measures, and level of significance after mitigation. Section 3: Project Description This section includes a detailed description of the proposed West Ming Project, including its location, background, site development constraints, and technical, economic, and environmental characteristics. A discussion of the project objectives and intended uses of the DEIR, which includes the approvals that are required for the West Ming Project is also provided. Section 4: General Description of Environmental Setting This section includes an overview of the general setting of the environment in the vicinity of the project site. Section 5: Project Impacts The analysis of each environmental issue category, previously identified in Table 1-1, is organized into the following sub-sections: Introduction; Environmental Setting; Thresholds of Significance; and Project Impacts and Mitigation Measures. Each of these is briefly explained below. • Introduction - identifies the primary documents used in the preparation of the section and any other pertinent information. • Environmental Setting - identifies and describes the physical environmental conditions that exist at the time of publication of the NOP, and which constitute the baseline physical conditions that assist in determining whether an impact is significant. Introduction West Ming Specific Plan - Draft EIR 1-8 Michael Brandman Associates H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec01-00_Introduction.doc • Thresholds of Significance - identifies applicable thresholds from Appendix G of the State CEQA Guidelines or other published documentation that assists in a determination of whether an impact is significant. Unless specifically identified within each environmental issue section of this document, the thresholds of significance used are those contained in Appendix G of the State CEQA Guidelines. • Project Impacts and Mitigation Measures - describes environmental changes to the existing physical conditions that may occur if the proposed project is implemented, and evaluate these changes with respect to the thresholds of significance. If impacts are found to be significant, mitigation measures are recommended to reduce impacts. The level of significance after mitigation is determined after mitigation measures are implemented. Section 6: Cumulative Impacts This section describes the potential changes in environmental conditions that result from the incremental impact of the proposed project added to other closely related past, present, and probable future projects or considered as part of projections contained in an adopted related planning document to evaluate regional or area-wide conditions. Section 7: Other CEQA Considerations This section identifies significant unavoidable impacts associated with the project as well as growth- inducing impacts and irreversible and irretrievable commitment to resources. Section 8: Alternatives to the Proposed Project This section compares the impacts of the proposed West Ming Project with two alternatives, the mandated No Project Alternative and Reduced Development Alternative. The environmentally superior alternative is identified. Section 9: Organizations and Persons Consulted This section lists the various organizations and persons consulted during the preparation of the DEIR. Section 10: Report Preparation Personnel This section lists the various individuals who contributed to the preparation of the DEIR. Section 11: References This section lists the references cited in the body of the DEIR. 1.3 - Lead Agency and Contact Persons The City is the Lead Agency in the review and certification of the DEIR. The project applicant is Castle & Cooke California, Inc. Michael Brandman Associates is the environmental consultant under contract to the City for the preparation of this Draft EIR and the Final EIR. West Ming Specific Plan - Draft EIR Introduction Michael Brandman Associates 1-9 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec01-00_Introduction.doc Preparers of this Draft EIR are identified in Section 10 of this document. Key contact persons are: Lead Agency..........................City of Bakersfield Development Services Department Planning Division Jennie Eng, Principal Planner 1715 Chester Avenue Bakersfield, CA 93301 Phone: 661.326.3733 Project Applicant...................Castle & Cooke California, Inc. Scott Blunck, Land Development 10000 Stockdale Highway, Suite 300 Bakersfield, CA 93311 Environmental Consultant.....Michael Brandman Associates Michael E. Houlihan, AICP, Project Director 220 Commerce, Suite 200 Irvine, CA 92602 Phone: 714.508.4100 1.4 - Review of the Draft EIR This Draft EIR has been distributed to public agencies, other affected agencies, adjacent cities and counties, members of the public, and any parties who have submitted a written request for a copy of the Draft EIR. The Notice of Completion of the Draft EIR has also been distributed as required by the State CEQA Guidelines. During the 45-day public review period, the Draft EIR, which includes the technical appendices, is available for public review at the City Planning Department at the address shown below during regular business hours. Written comments on the Draft EIR must be addressed to: City of Bakersfield Development Services Department Planning Division Jennie Eng, Principal Planner 1715 Chester Avenue Bakersfield, CA 93301 Phone: 661.326.3733