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Res. No. 71-23 (SPR 23-0187)
r .RESOLUTION NO.71-23 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO CERTIFY AN ENVIRONMENTAL IMPACT REPORT; ADOPT :SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERTIONS; AND. ADOPT MITIGATION MONITORING AND REPORTING PROGRAM, FOR A SITE PLAN REVIEW FOR A MEDICAL OUTPATIENT FACILITY ON APPROXIMATELY 10 ACRES IN AN M-2 (GENERAL MANUFACTURING) ZONE, LOCATED AT 5512 KNUDSEN DRIVE`(SPR NO.21-0399). WHEREAS, SASD Development Group (LLC) is requesting a.Site Plan Review of on approximately 39,650 square foot medical outpatient facility on approximately 10 acres in an M-2 (General Manufacturing) zone district, located at the 5512 Knudsen Drive (the "Project"); and WHEREAS, an initial studywas conducted and it was determined the Project would have a significant effect on the environment; therefore, an Environmental Impact Report was prepared in compliance with the California Environmental Quality.Act (CEQA); and WHEREAS, the Draft Environmental impact Report was circulated for a public review period from May 5, 2023 to June 20, 2023 in accordance with CEQA; and WHEREAS, the Secretary of the Planning Commission set Thursday, September 7, 2023 at 5:30 p.m. in the Council Chambers of City Mali, 1.501 Truxtun Avenue, Bakersfield, California: as the time and place for a pub€ic hearing before the Planning Commission to considerthe proposed Environmental Impact Report as required by the City of Bakersfield California Environmental Quality Act f CEQA} Implementation Procedure as of (Resolution 145-2021); and WHEREAS,. during the hearing, the Planning Commission considered all. facts, testimony, and evidence; and WHEREAS, the laws and regulations relating to the preparation and certification of an Environmental Impact Report as set forth in CEQA, the State CEQA Guidelines, and the: City of Bakersfield CEQA Implementation Procedures have been duly followed by City staff; and WHEREAS, in accordance with CEQA Guidelines Section 15090 the Lead Agency (City of Bakersfield) shall certify that: 1. The Final EIR has been completed in compliance with CEQA; and 2. The Final EIR. was presented to the decision-making body of the Lead Agency and that the decision-making body reviewed and.considered the information contained in the Final EIR prior to approving the project; and 3. The final EIR reflects the Lead Agency's independent judgment and analysis; and l Page 1 of 3 i WHEREAS, the City of Bakersfield Development Service.Department (1715 Chester Avenue, Bakersfield, California) is the Custodian of all documents. and other material upon which the environmental determination is based; and. WHEREAS, the facts. presented in the staff report; environmental document and special studies, and evidence received in.writing support the following findings: 1. All required public notices have.been.given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a focal newspaper of general circulation, 10 days prior to the hearing. 2. The provisions of CEQA; the State CEQA Guidelines, and the City of Bakersfield CEQA implementation.Procedures have been followed. Staff determined that the proposal is a project under CEQA and an initial study was completed. An Environmental. Impact Report was prepared and properly noticed for public review, 3. An Environmental Impact Report for the Project is appropriate environmental document to accompany its approval. In accordance with CEQA, the Lead Agency prepared. an Environmental Impact Report, and mitigation measures. were identified and have been incorporated into Projects. 4.. Based on the analysis presented in the Environmental impact Report, the Project would result in significant and unavoidable adverse impacts to Greenhouse Gas Emissions. WHEREAS, the "Mitigation, Monitoring and Reporting Program," attached as Exhibit"A," is incorporated into the Project;and WHEREAS, THE "Section 15091 Statement of Facts, Findings, and Mitigation Measures," and the "Section 15093 Statement of Overriding Considerations", attached as EWbit "R" are appropriate and incorporated.into the Project; and NOW, THEREFORE, BE IT RESOLVED by the Bakersfield. Planning Commission as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Environmental Impact Report is hereby certified by the Planning Commission. 3. The Project is subject to mitigation, monitoring and reporting program found in Exhibit A for the Project which is incorporated herein. 4. A Statement of Overriding Consideration pertaining. to significant and unavoidable adverse impact related to Greenhouse Gas Emissions is hereby adopted, Page 2 of 3 i HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on September 7, 2023, on a motion by Commissioner Neal and seconded by Commissioner Kaur, by the following vote: AYES: Bashirtash, Cater, Bittle, Kam:Koman, Neal NOES: None APPR VE❑ ZACI 14 R ASHIRTASH, CHAIR CityFfBa ersfield Planning Commission: Exhibits(attached): Exhibit A: Mitigation, Monitoring and Reporting Program Exhibit B: Section 15091 Statement of Facts, Findings and Mitigation Measures Section 15093 Statement of Overriding.Considerations Exhibit C: Location Map LR:PJ Page 3.of 3 Exhibit A Mitigation, Monitoring and Reporting Program SITE PLAN REVIEW No, 21 -0399 (SCH #2022030337) 00 fa tw ba tw 41 tw to Ts '{jl`' iiy L S CIf y y �...diTn aaba Li 12 WN 4.'F- rzCL:.—rL C w! =7 V ri_•�• .'.:_ F R. 4z �';x u(Y_,= =2 :':t}s ❑ uvy5 P[7 C]. {-Ta u u7 vy� 'C ❑ CO .' r"L'+1}t5,•.4x4'!;�'i�. 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'�n � a+ u a � E' � �. d': u Z �. a „� 1 i F Exhibit B Section 15091 Statement of Facts, Findings and Mitigation Measures Section 15093 Statement of Overriding Considerations SITE PLAN REVIEW No. 21 -0399 (SC H #2022080337) I 1 i i 3 f Findings of Fact and Statement of Overriding Considerations Regarding the Environmental Effects of the Approval of the: Veterans Affairs Community-Based Outpatient C1inic State Clearinghouse No, 2022080337 Lead Aeencu City of Bakersfield Development Services Department 1115 Chester:Avenue,2nd Floor Bakersfield.CA 93301 .CEQA Consultant T&B Planning, Inc. 3200 El Camino Real,.S.u.ite 100 Irvine,CA 92602 Pro'ect Applicant SASD.Development Group,LLC 4895 Pacific Highway San Diego,CA 92110 August 8,2023 E Veterans Affairs Community-Based Outpatient Clinic Findings of Fact SCH No.2022080337 ; Table of Contents Section Page i 1.0 Introduction. ............. ........ .............:.................................:..,..................................1 1.1 Project Summary ........ ....... . ........ . . . .....................................................................1 1.2 City of Bakersfield Actions Covered By the EIR.........:..................................:.......................2 1.3 Environmental Review and Public Participation.......................... ......................................2 2.0 Environmental Impacts and Findings...................................... . ........... ....... ............5 2.1. General Findings................................................................................................................. .S .2.2 Impacts Identified in the Initial Study (IS)or EIR:as No Impact.or Less than Significant Not Requiring.Mitigation................................................................ ,..., ... .......................G 2.3 Impacts Identified in the EIR as Potentially Significant that Have been Mitigated to a Level ofLess than Significant.....:................:...................................................................................31 2.4 Impacts Identif ed in the EIR as being.Significant and Unavoidable......................................44 2.5 Significant.irreversible Environmental Changes Which Would Be Caused by the Proposed Project Should It Be Implemented...................................... .......................... .....................646 2.6 Growth4nducing Impacts of the.Proposed.Project.................................:................................47 2.7 Project Alternatives. ...................................................................................................48 3;O Statement.of Overriding Considerations..........................................................................53 4.0 Additional Facts on Record...............................................................................................54 4,1 Adoption of a Monitoring Plan for Mitigation Measures.—........................................ 54 4.2 Custodian of Record........................................................... .........,.... ....................................55 i E Veterans Affairs Community-Based Outpatient Clinic Findings of Fact SCH No.2022080337 1.0 Introduction The Planning Commission.of the City of Bakersfield (the "Plannincr Commission") in approving.the Veterans. Affairs (VA) .Community-Based Outpatient Clinic Project (the. "Project"), makes the Findings presented herein.The Findings are.based upon the.entire record before the City Council, as described.in Subsection 13 below, including the Environmental Impact Report("EIR") prepared for the.Project on.behalfof the City of Bakersfield(the"City")acting as Lead Agency under the California Environmental Quality Act(`°CEQA"). Hereinafter,the Notice of Preparation,Notice of Availability, Draft EIR,Technical Studies,Final EIR (containing responses to public comments on the Draft EIR and textual revisions to the Draft EIR), and the Mitigation Monitoring and.Reporting Program will be. referred to collectively herein as the "EIR unless otherwise specified. 1.1 Project Summary 1.1.1 Site Location The .10.05 gross-acre.Project site is located within.the.northern portion of the City of Bakersfield in Kern County, California. Kern County is bound by Kings, Tulare, and Inyo counties to the north; San Bernardino County to the east;Las Angeles and Ventura counties to the south;and Santa..Barbara and San Luis.Obispo counties to the west.At the local scale, the Project site is located west of State Route 9.9 (SR-99) and southeast of the intersection of Olive Drive and Knudsen Drive. The Project.site includes Assessor Parcel Numbers(APNs)365-020-28 and-30. 1.1.1 Project Description The Project includes the development of 10.05 gross acres with a medical outpatient.facility Which. would be operated by the U.S. Department of Veterans Affairs. Features include a 39,648 s,f single- story building(net usable 30,100 safe), a covered drop-off area, bicycle racks, a covered ambulatory pick-up area;an outdoor physical therapy area, an outdoor dining area, and an elevated loading dock. Landscaping is. proposed along the.perimeter of the Project.site, around the building;and throughout the parking areas. In addition, a healing, garden is proposed on the east side of the building, which would include a garden path and benches. The site development action for the Project entails a Site flan Review No.2I-0399. Site Plan Review No,21-0399.would permit the development of a medical outpatient facility on 10.05 gross acres,which would be operated by the United States Department of Veterans Affairs. 1.1.3 Project Objectives Thefundamental purpose and goal of the VA Community-Based Outpatient Clinic Project is to develop a modern,state-of-the-art community-based.outpatient medical facility to serve UX military veterans in the: Bakersfield area. The Project would achieve its underlying purpose and goal through the following objectives. f Veterans Affairs Community-Based Outpatient Clinic Findings of Fact 5CH No.2a22480337 A. Establish a new VA community-based outpatient medical clinic in Bakersfield on a site that. has been vetted by and selected by the U.S. Government within the.following delineated area: • North: Easton Clive Drive,southeast on Roberts Lane,southeast on Manor Street and then northeast.on Panorama Drive to Fairfax Road. j ■ East. South on l=ai fax Road to E. Brundage Lane. 4 • South: West on E.Brundage Dane,continuing on Brundage Lane to the intersection of Brundage Lane and SR-99. • 'West:The intersection of Gosford Road and White lane,north to where Gosford Road becomes Coffee Road,north.to Olive Drive: B. Establish a new VA community-based outpatient medical clinic that has a minimum size of 3 0,100 net usable square feet and meets the VA's physical design requirements. C. Provide high quality patient care for veterans in a safe, advanced-care medical facility throughout the Bakersfield area and surrounding communities. D. Enable veterans to receive health care at a medical facility that is easily accessible and nearby a State highway system to reduce out of area health trips, E. Develop a modern, state of the art VA medical clinic that is capable of providing.a diverse range of consolidated outpatient services, such as audiology, mental health, telehealth, ambulatory care, an eye clinic,physica[and occupational therapy,prosthetics,dental services, a lab and pharmacy., and ancillary and diagnostic services, avoiding the deed.for veterans to travel out of the Bakersfield area for these services. F. Create a comprehensively planned,advanced-care VA medical c[in ic that provides community vitality,economic growth;and employment opportunities in the City.of Bakersfield. G. Construct a VA medical clinic with maximum operational efficiency to optimize health care outcomes and create a space for increased patient and staff satisfaction. 1.2 'Clity of Bakersfield Actions Co►iered By the EIR The City of Bakersfield has primary approval.responsibility for the proposed Project. As such,the City serves as the lead Agency for the EIR pursuant to CEQA Guidelines Section 15050. The City's Planning Commission will hold a public hearing.to consider the Final EIR and Site Plan No.2.1-nW99. The Planning Commission will direct the Development Services Director whether to approve Site Plan No. 21-0399. Other agencies also may use the EIR as part of their decision-mak..ing processes concerning,the proposed Project. 1.3 Environmental Review and Public Participation The City conducted an extensive environmental review of the Project to ensure that the City's decision makers and the public are fully informed about potential significant environmental effects of the Project;to identify ways that environmental damage can be avoided or significantly reduced;to prevent 2 E Veterans Affairs Cginmunity-Based Outpatient Clinic. ' Findings of Fact 5CH No.2022080337 f significant,.avoidable damage to the environment by requiring changes.in the Project through the use i of mitigation.measures and project design requirements which have been found to be feasible;and to disclose to the public the reasons.tvhy the City has initiated the Project in the manner chosen in light of the significant environmental effects which have been identified in the.EIR, In order to do this. the City., acting:as lead agency under CEQA,undertook the.following. o Prepared.an.Initial Study and a Notice of Preparation, which were used as the basis for the determination that an EIR should be prepared for the Project, The Notice of Preparation identified the environmental issues to.be analyzed in detail in the Project"s EIR as: Aesthetics, Air Quality,Biological Resources, Cultural Resources,Energy,Geology& Soils,Greenhouse Gas Emissions, Hazards & Hazardous Materials,. Hydrology & Water Quality, Land Use & Planning,Noise,Transportation,and Tribal Cultural Resources; o The Initial Study and Notice of Preparation were sent.to the Governor's Office of Planning and Research (the "State Clearinghouse"), Responsible Agencies, Trustee Agencies, and other interested parties on August 11,2022,for a 30-day review period; o Submitted a Notice of Completion,.Notice of Availability, and .Dram Elk to the State Clearinghouse on May 5,.2023; o Mailed a Notice of Availability to all Responsible Agencies,Tirustee.Agencies,County Clerk, other interested parties, and organizations and individuals who had previously requested the Notice on May 4, 2023 to inform recipients that the Draft EIR was available for a 45-day review period beginning on May.5,2023,and.ending on June 19,2023; o Mailed the Notice of Availability to all property owners within a 3a0-foot radius.of the..Project Site on May 4,2023, o Made the Notice of Avai[ability and Draft EIR available to the public.owthe C4's website; o Published the Notice of Availability in the Bakersfield Californian,whicli is the newspaper of general circulation in the area affected by the Project,on May 5,2023; o Published a Notice of Time Extension .of Public Review and Comment .Period to.the State Clearinghouse and on the City's website.on June 14, 2023, extending the public review and comment period to June 20,2023 as a courtesy to allow the public additional time to submit public.comments as ,Lune 19, 2023 was Juneteenth, although the City was.open on :Tune 19, 2023. o Prepared responses to comments on the.Draft EIR received during the 45-day comment period on the.Draft EIR,which have beets included in the Final El R; o Published a:notice on.August28,2023,in the Bakersfield Californian,the newspaper of general circulation in the'area.affected by the Project, that the Planning Commission would hold a public hearing on September 7, 2023, to consider the Project and EIR for recommendation to the City Council; o Sent.notice of the Planning.Commission's hearing to all organizations and individuals who had previously requested notification of anything.having to do with the Project on August 28,2023; 3 L Veterans Affairs.community-eased Outpatient Clinic Findings of Fact 5CH No.2022080337 a Sent written responses to comments to all public agencies,organizations,arid.individuals who submitted comments the Draft EIR on August 28,2023 (four comment letters were received); All of the documents identified above and all of the documents:which are required to be part of the administrative.record pursuant to Public Resources Code Section 21167.E(e),which includes all of the documents relating to the previous review and approval of the Project in 20.20 and 2021, when a mitigated negative .declaration ('MND") was prepared, are on file with the City. of Bakersfield � Development Services.Department, 1715 Chester Avenue,2"a Floor, Bakersfield, CA 93301. � E 1 i 3 I 4 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact 5CH No.2Q2ZQ84337 2.0 Environmental Impacts and Findings 2.1 General Findinfts 2.1.1 Independent Judgment Finding I,inding:The EIR for the Project reflects the City's independent judgment and analysis. Facts in Support of the Findin :The EIR was prepared by T&B Planning,Inc.,an independent, professional consulting firm hired by the.City and working under the supervision and.direction of the City's Planning Division's staff. The Planning Commission,as the City's final decision-malting body for the.Project,received and reviewed the EIR.and the.comments,written and oral,provided by public agencies and members of tine public prior to. certifying that the EIR complied with CEQA. The professional qualifications and reputation of the EIR Consultant, the supervision and.direction of the EIR Consultant by City staff and its consultants,the thorough and independent review of the Draft EIR and .Final EIR; including comments and responses, by City staff, and the review and careful consideration of the Final EIR by the Planning.Commission, including comments and responses, all conclusively show that the Final EIR. is die.product of and reflects. the independent.judgment and analysis ofthe City as the Lead Agency,and of the.Planning Commission as the decision-making,body for the Project. 2.1.2 Finding of the Absence of any Need to Recirculate the EIR Finding: The Final EIR does not add significant new information to the Draft E1R that would require recirculation of the Draft EIR. Facts in Support of the Finding: The Planning Commission .recognizes that the Finat EIR incorporates informations obtained and produced after the Draft EIR was completed and that.the.Final EIR contains additions, clarifications, and minor modifications to the Draft EIR. The Planning Commission.has reviewed and considered the Final EIR and all of the information contained.in it and has determined that the new information added to the Final EIR does not involve.a new significant environmental:impost;a substantial increase in the severity of an environmental impact,..nor a feasible mitigation measure.or an alternative considerably different..from others previously analyzed that the Proj ectApplicant.declined to adopt:and.thatwould.clearly lessen the signiflcantenvironmental impacts of the Project.No information provided to the Planning Commission.indicates that the Draft EIR was inadequate or conclusory or that the public was deprived of a meaningful opportunity to review and comment on the Draft EIR. 2.1.3 General Finding on Mitigation Measures It is the City's intent to adopt and implement all mitigation.measures identified in the EIR which are applicable to the Project, which the City finds to consist of all feasible measures that reduce the Project's significant impacts. If a measure has,through error., been omitted from the Conditions of Approval or from these Findings,and that measure is not specifically reflected in these Findings,that measure shall be deemed to be adopted pursuant to this paragraph. In addition, unless specifically stated to the contrary in these Findings;all Conditions of Approval repeating or rewording mitigation measures recommended in the EIR are intended to be substantially similar to the mitigation measures 5 1 1 1 i Veterans Affairs Community-Based Outpatient Clinic Project i Findings of Fact 5CH No.2422.0.80337 recommended in the EIR and are found to be equally effective in avoiding:or lessening the identified environmental impact. In each instance,.the Conditions of Approval contain the final wording for the mitigation measures, 2.2 Impacts Identified in the initial Study j1S1 or EIR as No impact or Less than Significant Not Requiring Mitigation Consistent with Public Resources Code Section 21002.1 and Section 1 S 1'28.of the CEQA.Guiidelines; the EIR focused its analysis on potentially significant impacts,and limited discussion,of other impacts for which it can be seen with certainty there is no potential for significant adverse environmental impacts,C.EQA Guidelines Section 15031 does not require specific findings to address environmental effects that an EIR identifies as"no.impact"or a"less than significant" impact.Nevertheless,the City Council hereby rinds that the Project would!lave either no impact or a less than significant impact under the following resource areas: 2.2.1 Aesthetics A. Would the Project have a substantial adverse effect on a scenic vista?(Threshold"a") Finding Less-than-Significant Impact Facts in Support of Finding: The Project site is not Iocated in an area designated as scenic in the Metropolitan Bakersfield General.Plan, is not within the City's Hillside Development Combining Zone (Bakersfield Municipal.Code Chapter 17.66), and is not within a City-designated Class I or 11 Visual Resource Area,Viewshed,or Slope Protection Area. In the far distance on clear days,views are possible from the Project site and its surrounding area to the Tehachapi Mountains to the south, the Coast Range to tile:west,and the Sierra Nevada Mountains to the.northeast. Because the existing visual setting of the Project site does:not contain significant visual resources,the construction process has no potential to obscure a scenic view.At a maxi num.height of±-31 feet,the proposed building would not be so tall. as to. obstruct public views or otherwise substantially detract from public views of the surrounding topographic features and landforms. In some instances, the landscaping and building constructed on the Project site may intermittently obstruct mountain Views in the distance a from the far northeast corner of the Sari Lauren Elementary School yard and from roads as drivers travel immediately adjacent to the Project site alone;Knudsen Drive. Single Views toward the mountains in the distance across the Project site from these.roads typically are of short duration due to travel.speeds, and viewer sensitivity is considered low-to=moderate because as the passing landscape becomes familiar, vehicle occupants, pedestrians, and bicyclists using roadway corridors typically focus their attention on the roadway, roadway signs; and surrounding traffic. As the site exists currently, views are not available to a front-facing viewer on these roads, :and.the only potential for the Project to intermittently obscure a-Ion;-distance view would be if a viewer were to look to their side across.tile Project site. From the school yard, only viewers.in the northeastern-most corner of the yard would experience partial view obstruction to.distant iandforms when. looking across Knudsen ❑rive and across the. Project site to the northeast on clear days when distant views are possible; this does not constitute a substantial adverse effect-since distant views.would not be obscured by the Project from any other part of the school site or school yard. As such, the Project would not have a substantial adverse effect on scenic mountain views.{DEIR,.pp.4.1-11 to 4.1-1 2) 6 s Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact 5CH No.2022080337 AIthough the Project would result in less than.significant impacts relating to aesthetics, the Project will be required.to implement the following design feature to. further minimize the Project's less than significant effect. E AES DF--.I. Prior to the.approval of building permits and other permits and approvals that authorize consiructionn, the City:of Bakersfield shall review the construction:doc:umenis and plans to assure the following. a. All lighting fixtures shall comply with applicable City of Bakersfield Afunicipal Code Requirements pertaining to lighting and illumination of buildings; parking areas, .and signs. b. All landscaping shall be installed to comply with all applicable City of Bakersfield Municipal Code standards pertaining to perimeter landscaping and rninimitnn shade cover, & Would the.Project substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway?(Threshold"b") Finding:No Impact Facts in Support of Finding: There are no designated or eli gible State scenic.highways"within the Project site's immediate vicinity. Additionally, there are.no rock outcroppings or known.historic j buildings in the vicinity of the .Project site. Thus,. implementation of the Pnaject would result in no impacts.associated With views from a State scenic highway. (DEIR=p.4.1-13) G. In non-urbanized areas, would the Project substantially.degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point) If the project is in an urbanized area, would the Project conflict with applicable zo►iing and other regulations governing scenic quality?(Threshold "c") Finding:Less-than-.Significant Impact Facts in Support of Finding_The Project site is located within the boundaries of the Census- defined.Bakersfield urbanized area. Because the Project site is located in an area that meets the U-$- Census Bureau's definition of an"urbanized area"and is planned for urban uses by the City's General Plan,the evaluation in.the.DEIR.focuses on.the Project's..compatibility with or potential conflict with applicable zoning and other regulations governing scenic quality. (.DEIR,p.4...1-13) The.Project would not.conflict with applicable zoning and other regulations governing;scenic quality during construction or operation.The Project has no reasonable possibility of conflicting with the City's lighting standards. contained in Municipal Code Sections 17,71.010 through 17.74080, Outdoor Lighting, standards for the illumination of suns contained in Municipal Code Section 17.60.060, and standards .for the illumination of parking lots contained in Municipal Code Section 17.58.060. The Project has no reasonable possibility of conflicting with the City's Municipal Code standards pertaining. to visual bright, codified in Municipal Code Sections 8.27.010 (Property 7 1 i i Veterans Affairs Community-Based Outpatient Clinic Project Findings of.Fact 5CH No.2022GB0337 Maintenance}, 8.80A l {Abatement of Public Nuisances};and 12,40.050(Inspection and Removal[of T.rees]). Lit reviewing the application materials submitted by the Project Applicant for Site Plan Review No..21-0399, the materials appear to meet all applicable Municipal Code requirements including:but not limited to the following items pertaining to visual screening-As indicated on the Site Plan Review's Conceptual Landscape.Plan(refer.to Figure 3-4 in.Section 3.0, Project Description), landscaping that will obscure views is proposed along the perimeter of the Project site. Additionally, a low masonry wall with green screen above is proposed around the loading dock and trash enclosure area on the southeast facing side. of the building. Also, parapets are proposed.along the westent side of the building's roofline to provide visual screening of rooftop.equipment. The Project.site.is located west of SR-99 and Landco Drive,south of Olive .Drive, east of Knudsen Drive, north of Hageman.Road, and north of proposed Street `A'. The developer of the Project would install landscaping along the entire perimeter of the Project site during construction of the Project including along the. street frontages.with Knudsen Drive, Landco Drive, and proposed Street A. As part of construction of the Project,Landco Drive would be extended along the east side of the Project site and Street A would be constructed along the south side of the.Project site to connect Knudsen Drive and Landco Drive. Can Knudsen Drive to the west,a left turn lane would be added.to southbound Knudsen.Drive to eastbound Street A, an additional northbound thru lane would be added,and a decelerationlacceleration lane for vehicles making a right turn in or right turn out of the main Project site entrance.. The northbound deceleration/acceleration lane would merge into the northbound thru Ianc atthe north end of the Project site. These proposed improvements are consistent with the MB.GP Circulation Element. lighting would be installed by the driveway entrances to the facility and throughout the interior parking area, In .addition, street lights would be installed along the Project site's frontages with Knudsen .Drive, Landco Drive,.and proposed Street A.(DEIR,p.4.1-13 to 4.1-17) 0. Would the Project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?(Threshold Y") Finding: Less-than-Significant Impact Facts in Support ofFinding. Mandatory compliance with Municipal Code Sections 17.71.010 to 17.71.080,"Outdoor Lighting;"would ensure that the Project'.s pole-niounted and building-mounted right fixtures would not introduce any design features that would cause artificial light or glare to extents that would adversely affect day or nighttime views.in the area.As part of City review and approval of Site Plant Review No. 1-1-03.99 and the review of implementing plans for construction in any area of the Project site, City staff is obligated to assure that the lighting plans meet all.applicable Municipal Cade standards. Based on the Project'.s lighting plans and mandatory requirement to comply with the Municipal Code, Lighting impacts would be less than significant. With respect to glare,the Project's building materials would consist of-a combination of vertical pattern metal panel system,fiber cement siding system, and masonry walls. The paint colors proposed for the Project.would comply with City development standards including.Title 15 (buildings and construction) as well as California Code of Regulations Title 24 (building.code). The.building incorporates some glass elements in the forin of window systems with sun shade louvers or awnings and a glass curtain wall with a metal panel canopy. While window glazing has a potential to result in minor;fare effects,such effects would not adversely affect daytime views experienced from surrounding properties, .including motorists along adjacent roadways,because the glass proposed for the.Project would comply with City development standards 8 Veterans Affairs Community-Based Outpatient Clinic project Findings of Fact 5CH Hn.2022080337 including Title 1.5 (buildings and Construction) as well.as.California Code of Regulations Title 24 (building code).Also..the Project's conceptual landscaping plan calls for the perimeter of the site to be landscaped, inclusive of perimeter trees consisting of shade trees and.screen trees which would filter light from the surrounding streetsystem and limit the ability for vehicle headlights on public streets to directly shine onto any.glass building elements.The glass elements in the building designs also would. be.softened.by landscaping.proposed along the building.perimeter, thereby precluding any substantial sun glare. Last, the.public and .staff vehicle parking areas would be substantially shaded by tree canopies; as shown on the Project's conceptual landscaping plan. Thus, glare impacts.from proposed building elements and parking surfaces would be less than significant. (DEIR, pp.4.1-17 to 4.1-:18) 2.2.2 Air Quality A. Would the.Project conflict with or obstruct implementation of the applicable air quality plan? (Threshold "a"f Finding:Less-than-Significant Impact Facts in Su art of Findin . Air quality impacts from proposed projects within the City of Bakersfield are controlled through policies and provisions of the SJV.APCD and the Metropolitan Bakersfield General Plan, In order to demonstrate that a proposed project would not cause further air quality degradation in either the SIVAPCD's plan to improve air quality within:the air basin or the federal requirements to meet certain air quality compliance goals,each project should also demonstrate consistency with the S:IVAPCD's adopted AQAPs for 03 and PMIO. The Project would not exceed the SJVAPCD established SPAL limits and,therefore has no possibility of enccding criteria pollutant thresholds.Accordingly,the Project,would be consistent with.the AQ.MP.Impacts would be less than significant. (DEIR,.p..4.2-19) Although. the Project would result in less than significant impacts relating to air quality, the Project will be required to implement the following regulatory requirements to further miniinize the Project's less than significant effect. AIR RR-I. In compliance with W-APCD Rule 9510 (Indirect Source Review (ISR)), the Project.Applicant or its successor in interest shall suhnrit an Air Irttpact .4ssesstnent (4L4) application to the S.n,APCD, which will identift, emission reduction rrteasures for emissions of NDX and PMIO. The per forniance measures listed below can.he met through any combination of on-site.emission reduction nwasures or off-site fees. a) Related to construction-related emissions, the exhaust arrrissioi?s.for' cortstrprciiort equipment greaten than frf4,(50)horsepower used or associated with the project shrill be.reduced by the following arttounts:,f-oin the.stateivide average as eslimated by.the ARB: 20%'of the total MOX emissions, and 45°a of the total PAV 0 exhausts erttissioris:. Construction emissions can he reduced 0 using less pollfrting construction equipment, which can be achieved kv utilizing addon controls, cleanor fuels, or jrewer lo►uer eriritting equipineint. 9 Veterans.AfFairs Community-Based Outpatient Clinic Project Findings of Fact 5CH No.2022080337.. 4 b) Relined to operational emissions, NOX emissions shall he reduced by 33.31 of the project's operational baseline NOX emissions over a period of ten years as quantified rrr the approved ALL. PM10 erraissions shall be reduced by 50y of the project, operational baseline P.M10 emissions over a period of ten years as quarat fed in the approved AM. (DEI.R, p.4.2-26) AIR-AR-2. The Proiecl is required to be constructed and operated in compliance with all applicable SIVAPCD Rules inch ding but not limited to the following � 1 a) SJVAPCD Rule 4601, Architectural Coatings, ti4}Irich limits VAC enrissiorrs front architectural coatis s. b) SVAPCD Rule 4102, Nuisance, which prohibits the dischyMe of air Contaminants and { other materials which cause in'ur,, detriment nuisance or annoyance to an . considerable number of taersons or to the public or which endaiMer the comfort, repose. health or safety of anv .such persona or the public or which cause or have a natural tendency to cause in jupy or damage to business or properf}�.. c) SIVAPCD Ride 4641, Cutback, Slow Cure. and Enrulstfred 4sphalt, fm irr and Maintenance D Qi2erations which lirnih. VOC emissions b .restr•ictira the a r ltcatiara and manuLaciurigg nfeertain woes of asphalt f -1?aving and rrraintenance operations, B. Would the Project 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?(Threshold"b"for Construction Emissions) Finding:Less than-Significant Impact Facts in Support of Findin Following S]VAPCD required mitigation measures for all projects, the construction emission estimates included watering the exposed area three times per day and reducing vehicle speed to less than 13 miles per hour. Based on these anticipated activity levels, the Project construction activities would not exceed construction thresholds. As mentioned in the DEIR, the below PMio .and PM23 thresholds of significance.consider risks associated with Valley Fever,specifically including the potential presence of spores within the soil on the Project site and the Project's disturbance thereof..Furthermore,Project construction activities do.not exacerbate the.risk.of Valley Fever any more than natural wind conditions, and it is a natural condition not caused by the Project. Impacts would be less than significant. (DEIR, p. 4.2-20) The long-ten- operational emissions associated with the proposed Project would be far less than S]VAPCD significance threshold levels and would, therefore, not pose a significant impact to criteria air pollutants. This finding is consistent with the SPAL screening thresholds. Impacts would be less than significant.(DEK p.4.2-21) The analysis presented in.the DE1R is conservative and does not take into account the fact that once the Project.begins operation,the existing VA clinic at 1801 Westwind Drive would permanently close,and therefore,all of its operational air quality emissions.would cease. Based on the.fact thatthe .existing facility is similar in size to the proposed Project (31,40.0 s.f.), on a net .basis, the Project's to Veterans Affairs Comtnunity�-Based❑utpatient Clinic Project Findings of Fact 5CH No.2022080337 .already very low air quality emissions.would result in virtually.no impact. Furthermore, as stated in public testimony from veterans living in the City,unlike the proposed Project,the existing facility does not offer the full range of services that veterans need;.and thus,many veterans drive to the City to Los Angeles for certain services, Once the Project is in operation, this long-distance driving for services would no longer be necessary, and all the resulting air quality impacts from vehicle travel over 100 miles to Los Angeles would cease.. Thus, the Project would arguably reduce total operational air ; quality emissions on a net basis. (DEIR,p.4.M 1) i The SJVAPCD has screening levels far.requiring an..Ambient Air Quality Analysis (AAQA) { and recommends that an AAQA be performed for all criteria pollutants when emissions of any criteria pollutant resulting from project construction or operational activities exceed the 100 pounds per day screening;level, alter compliance.with.Rule 9510 requirements and implementation,of all enforceable mitigation measures.Average daily emissions for Project construction and operational activities would not exceed 100 pounds per day. An AAQA is,therefore,not required for the Project. (DEIR, pp.4.2- 21 to 4.2-22) C. Would the Project expose sensitive receptors to substantial pollutant concentrations? (Threshold"c") Find in4:Less-than-Significant.lrnpact Facts in Support of Finding: The proposed Project has the potential to .expose sensitive receptors to substantial pollutant concentrations due to emissions of Hazardous Air Pollutants(HAPs) and visibility. (DEIR,p. 4.2-22) SJVAPCD has set the level of significance for carcinogenic risk at twenty in one million,which is understood as the.possibility of causing twenty additional cancer cases in.a population of one million people, The.level of significance for chronic non-cancer risk is a hazard index of 1,0.at the maximum exposed individual resident and worker (MEIR and MEIW, respectively) d❑ not exceed the significance levels of 20 in one million (20E-06):and 1.0, respectively for the Project. The maximum predicted cancer risk for.the proposed Project is 0.752 in a million(0.752E-07)..The maximum chronic non-cancer hazard index for the proposed Project is 0..00672.Since the MEIR and MEIW remained far below the. significance threshold for cancer and chronic risk, the Project would not have an adverse effect to any of the surrounding communities.Potential risk to the population attributable to emissions of1IAPs from the proposed Project would be less than significant(DEIR,pp. 4:2--23 to 4.2-24) It should be noted that visibility impact analyses are not usually conducted for area sources, The recommended analysis methodology was initially intended for stationary.sources of emissions which were subjectto the Prevention of Significant Deterioration(PSD)requirements in 40 Cl�'R Part 60. Since the Project's.emissions are predicted to be significantly less than the PSD threshold levels, an impact at either the Dome Land Wilderness or the Sequoia National Park Areas (the two nearest Class 1 areas to the Project) is extremely unlikely. Therefore, based on the Project's predicted emissions, the Project is not expected to have any.adverse impact to visibility at any Class 1 .Area. Impacts would be less than significant. (DEIR,pp.4 2-24) 11 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact 5CH No.2022080337 D. Would the Project result in other emissions(such as those leading to odors)adversely affecting a substantial number of people?(Threshold "d") Finding: Less-than-Significant Impact f i Facts in Support of Finding: The Project entails.a proposed VA community-based outpatient medical clinic located near commercial, public facility and residential uses. Expected uses: of the Project are not known.to be a source of nuisance odors, and are not identified in the S]VAPCD's GAMAQI as such,Accordingly,the Project is notanticipated to have substantial odor impacts.Impacts would be less than significant. (DEIR,.p.4.2? 24) 2.2.3. Biological Resources A. Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?(Threshold"b") Finding:No impact Facts in Support of Finding:.Because no riparian habitat or other sensitive natural community .is present on the Project site, implementation of the proposed Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies,regulations or by the CDFW or USFWS. (DEIR,p.4.3-9) B. Would the Project have a substantial adverse effect on State or federally protected wetlands (including,but not limited to, marsh, vernal pool,coastal, etc.)through direct removal,filling, hydrological interruption, or other means?(Threshold "c") Finding:No Impact: Facts in Support of Finding: Because no wetlands or potential.waters.of the U.S.,or potential waters of the State are present on the Project site; the proposed Project has no potential to have a substantial adverse effect on State or federally protected wetlands through direct removal,.filling, hydrological interruption,.or other means,(DEIR,p.4.3-9) C. Would the Project 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 impeded the use of native wildlife nursery sites?(Threshold"d") Finding:No Impact Facts in Support of FindiM. The vicinity surrounding the Project site. is highly disturbed by urban development,and therefore,the.Project site does not serve.as part of a.wildlife corridor.Because the Project site is a relatively small parcel of disturbed non-native ruderal species habitat, the site is not conducive to serve as,. interfere substantially with ox impede established native resident or migratory wildlife corridors,or native wildlife-nursery sites.(DEIR,p.4.3-9) 12 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact 5CH No.2022080337 D. Would the Project conflict with any local policies or ordiriances protecting biological resources, such as a tree.preservation policy or ordinance?(Threshold"e") Finding:No Impact Facts in Support of Finding,: There are no biological resources on.the Project site which are. separately protected by local policies.(DEIR,p:4.3-9) E. Would the Project conflict with the provisions of on adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?(Threshold'I") Find in :.No impact Facts in Support of Finding:The Project site is not located within the boundaries of any adopted Habitat Conservation Plan,Natural Community Conservation Plan, or other approved local,regional, or state habitat conservation plan. (DEIR;p. 4.3-9) 2.2.4 Energy A. Would the Project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?(Threshold"a"*) Findin :Less-than-Significant Impact Facts in Support of Finding: Construction activities:associated with the Project would require electricity use to power the construction equipment.The electricity use during construction►would vary during different phases of construction:the majority of construction equipment during grading would be gas-powered or diesel-powered, while later construction pleases would require electricity=powered. equipment such as nail guns for interior construction and sprayers for architectural coatings. Overall, the use of electricity would be temporary in nature and would fluctuate according to the phase of construction: Additionally, it is anticipated that the majority of electric-powered .construction equipment would be hand tools(e.g.,power drills,table saws,compressors) .and lighting,which would result in minimal electricity usage during construction activities, Therefore, Project-related construction activities would not result in wasteful or unnecessary electricity demands and impacts would be less than significant. (DEIR, pp..4.5-6 to 4.5-7) It is not anticipated that construction equipment used for the proposed Project would be powered by natural gas and no natural gas demand is anticipated during construction. Therefore, impacts would be less than significant with respect to iaturai gas usage. (DEIR, p.4.5-7) The use of energy resources by vehicles and equipment would fluctuate according to the phase of construction. To limit wasteful and unnecessary energy consumption,the construction contractors are anticipated to minimize non-essential idling; of construction equipment during construction in 13 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact 5CH No.2Q22Q80337 accordance with Section.2449 ofthe California Code of Regulations,Title 13,Article 4.8,Chapter9. In addition;electrical energy would be available for use during construction from existing power Iines and connection,which could minimize or avoid the use of generators that are less efficient than tying into existing PG&E infrastructure.Furthermore,construction.trips would not result.in unnecessary use of energy since the Project site is located close.to..SR-99 which. would provide a direct route from various areas of the region. Moreover, all construction-equipment would cease upon completion:of Project construction. Thus,impacts related to transportation energy use during construction would be temporary and would not require expanded energy supplies or the construction of new infrastructure. Overall;it is expected.that construction fuel used during the.proposed Projects construction would not be any more inefficient, wasteful, or unnecessary than similar development :projects. Therefore, impacts would be less than significant with respect to transportation energy. (DEIR,p.4.5-7) Operation of the Project would create additional demands for electricity and natural gas compared to existing conditions and would result also in transportation energy use. However,because the opening of the Project would cause the existing VA clinic in Bakersfield on Westwind Drive to close;any net increase usage of energy(if an increase at all)would.he very small. Operational use of energy would include. heating, cooling, and ventilation of the buildings Water heating; operation of electrical systems, use.of on-site equipment and .appliances; and indoor, outdoor, perimeter; and parking lot lighting..It is expected that,on a gross basis without netting out the energy being.consumed by the existing VA clinic, the Project would consume 371;171 kilorvatt hours per year (kWhlyr) in electricity and 462,137 kilo-British thermal units(kBTU/yr)in natural gas. Because the Project would be built to meet the Building Energy Efficiency Standards,the Project would not result in wasteful or unnecessary natural gas demands.(DEIR,pp.4.5-7 to 4.54)It is Iikely that the Project would be more efficient than .the existing facility, given that .it will be built subject to modem standards and regulations, which are much more protective of the environment than those that existed when the existing clinic was built over 34 years ago: The Project also would consume transportation energy during operations from the use of motor vehicles traveling to and from the site. However, because the opening of the.Project would cause the: existing VA clinic in Bakersfield to close, any net increase usage of transportation energy (it:an increase at all) would be very small. Further, because the proposed outpatient client would offer services that are not currently offered at the existing VA clinic in Bakersfield,and veterans are traveling to Los Angeles. and other further VA .facilities to receive these medical services under existing conditions, it is reasonable to expect that .transportation energy consumption would substantially decrease with implementation of the Project.The Project is also within.an urbanized area.with nearby amenities and public transit options, Additionally,the Project would include bicycle racks and storage for employee.use.These features and aspects of the Project would contribute in minimizing VMT and transportation-related fuel usage. Overall, it is expected that operation-related fuel usage associated with.the proposed project would not be.any more inefficient, wasteful, or unnecessary than similar development projects. Therefore, impacts would be less than significant with respect to operation- related fuel usage or transportation energy.(DEIR,p.4.5-8) B. Would the Project conflict with or obstruct a State or local plan for renewable energy orenergy efficiency?(Threshold"b") 14 Veterans Affairs Community-Based Outpatient Clinic Project Findings off act SCH No.2A2208g337 FinM dingy: Less=than-Significant impact i .Facts in Support of Finding:At.this time,the City has:not adopted local programs or policies that.support energy efficiency and/or sustainability that would apply to the Project. The Project does not have:any additional ability to incorporate sources of renewable energy (e.g., solar panels) other than what has already been included in the proposal,because pursuant to the relevant contract with the U.S.federal government;the Project must be built to the detailed specifications approved in the already completed federal procurement process and cannot be modified,unless approved by the VA. However, the Project's specifications approved by the VA.require a number of energy efficiency measures to be included in the Project. The Project's mobile equipment andvehicles would cornply with federal,state, and regional requirements where applicable.As applicable,the Project would utilize the best available equipment to improve diesel fuel efficiency,and equipment:that uses energy would implement modern design and technology to maximize efficiency improvements. The Project Nvould not conflict with or obstruct a State or local plan for renewable energy or energy efficiency and would ensure impacts would be less than significant.(DEIR,pp.4.5-8 to 4.5-9) 2.2.5 Geology and Soils A. Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving(Threshold "a"): i. 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? ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. landslides? Fin din :Less than-Significant Impact Facts in Support of Finding_ There are n.v. known active or potentially active faults on or trending toward the Project site and the Project site is not located within a mapped Alquist-Priolo Earthquake Fault Zone. Because there are no known faults located on or.trending;towards the Project site, the Project would not directly or indirectly expose people. or structures to substantial adverse effects related to ground rupture.(DEIR, p.4.6-7) The.Project site is located in a seismically active area of southern California and is expected to experience moderate to severe ground shaking during; the lifetime of the Project. This risk is not considered substantially different than that of other similar properties in the southern California.area. As a mandatory condition of Project approval,.the Project Applicant.would be required to..construct the proposed VA community-based outpatient medical clinic- building and other site features in accordance with the California Building Code,.which provides standards.that must be met to safeguard Iife or limb,health,property,and public welfare by regulating.and.controlling the design,construction, quality of materials,use and occupancy.,location,.and maintenance of all buildings and.structures,and have been specifically tailored for California earthquake conditions. In addition, the California ].5 Veterans Affairs Community Based Outpatient Clinic Project Findings of.Fact 5CH No.2022090337 Building Code requires.development projects to prepare geologic engineering reports to identify site- specif.o geologic and seismic conditions and implement the site-specific recommendations contained therein to preclude adverse effects :involving unstable .soils and strong seismic :ground-shaking, including, but not limited to,recommendations related to ground stabilization,selection of appropriate foundation type and depths, and selection of appropriate structural systems. The .Project Applicant retained a professional geotechnical firm, Krazan & Associates, to prepare a geotechnical report for the Project site. This geotechnical report complies with the requirements of the California Building Code.. With mandatory compliance with building code standards and site-specific design and construction measures, implementation of the Project would not directly or indirectly expose people or structures to substantial adverse effects, including loss, injury or death, involving seismic ground shaking. (DEIR,pp.4.6-7 to 4.6-8) Due.to the observed soil characteristics.on the Project site and the lack of shallow groundwater beneath the site, liquefaction potential is considered to be low. Regardless,.the City of Bakersfield would require the Project site be developed in accordance with the latest applicable seismic safety guidelines; including the standard requirements of the California Building Code to minimize potential liquefaction hazards: In addition,.the Project would be required by the City of Bakersfield to comply with the grading and construction recommendations contained within the geotechnical report for the Project site to further reduce the risk of seismic-related.ground failure due to liquefaction, Therefore, implementation ofthe Project would not directly or indirectly expose people or structures to substantial. hazards associated with seismic-related ground failure and/.or liquefaction hazards. (DEIR,.p..4.d-8) The Project site is relatively flat,as is the immediately surrounding area. Thereare no hillsides or steep.slopes on the Project site or in the immediate:v icin ity of the site..Mandatory compliance with. the recommendations contained within the Project site's geotechnical. report Would ensure that the Project is engineered and constructed to maximize stability and preclude safely hazards to on-site.and abutting off-site areas. With'mandatory compliance with the recommendations contained within the. geotechnical report, the Project would not be exposed to substantial landslide risks, and implementation of tiie Project Would not pose a substantial direct or indirect landslide risk to surrounding properties. (DEIR,p.4,64) B. Would the Project result insubstantial soil erosion or the loss of topsoil?(Threshold"b".) Findi Less-than-Significant Impact Facts in Support of Finding: Pursuant to the requirements of the State Water Resources Control Board,. the Project Applicant would. be required to. obtain coverage under .the State's General Construction Storm Water Permit for construction activities, a National Pollutant Discharge Elimination System(NPDES)permit:The NPDES permit is required for all.development projects that include construction activities, such as.clearing, grading, andlar excavation, that disturb.at least one (1) acre of total land area. Compliance with .the NPDES permit involves the .preparation and implementation of a Storm Water Pollution Prevention Plan. (SWPPP) for construction-related activities.The SWPPP will specify°the Best.Management Practices(BMPs)that the Project Applicant will be. required to implement during construction activities to ensure,that waterborne pollution - including erosion/sedimentation - is prevented, minimized, and/or otherwise appropriately treated 16 4 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact SCH No.2022080337 (s prior to surface runoff being discharged from the subject property. Examples of BMPs that may be f utilized during construction include, but are not limited to, sandbag barriers,.geotextiles, storm drain inlet protection,sedimenttraps,rip rap soil stabilizers,and hydro-seeding.Mandatory compliance with the SWPPP would ensure that the Project's implementation does not violate any water quality standards or waste discharge requirements during construction activities. (DEIR,pp.4.6-8 to 4.6-9) I s Upon Project build-out, the project site would be covered by buildings; landscaping, and impervious surfaces. Storinwater runoff from the Project site would be captured, treated to reduce waterborne pollutants (in(Juding sediment), and.be filtered into the ground by the proposed on-site retention Basins,Accordingly,the amount of erosion that occurs on the Project site would be minimized upon buildout of the Project and would be reduced relative to existing conditions.Because the Project would be required to utilize erosion and sediment control measures to preclude substantial, long-term soil erosion and lass.of topsoil, impacts related to post-development soil erosion would be less than significant.(DEIR, p.4.6-9) E C. Would the Project 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 on- or off-site landslide, lateral spreading,subsidence,.liquefaction or collapse?(Threshold"c") Finding: Less-than-Significant Impact Pacts in Support of Finding:The Project site is relatively Mat and no substantial natural.or man- made slopes are located on or adjacent to the Project site.Because the Project would be engineered for long-term stability and constructed in accordance with the site-specific recommendations contained within the Project's geotechnical report,impacts associated with.landslide hazards would be less than significant.(DEIR, p.46-9) The geotechnical report prepared forthe Project site indicated that.the settlement-potential can be attenuated .through the excavation and recompaction of fill soils. The City will condition implementing development to comply with the site-specific ground preparation and construction recommendations contained in the Project's geotechnical report.With Mandatory compliance with the Project's geotechnical report, impacts related to soil shrinkage/subsidence and collapse would be less than significant.(DEIR, p.4.6-9) Lateral spreading is primarily associated with liquefaction hazards. Based on.the Project site's lack of shallow groundwater,liquefaction on the Project site is considered to below.Thus.,the.potential for Iateral spreading is..low..Accordingly,impacts associated with lateral spreading would be less than. significant. (DEIR, p.4.6-11) D. Would the Project be located on expansive sail, as defined in Table 18-1-6 of the Uniform Building code(1.994),creating substantial direct or indirect risks to life or property?(Threshold 'Vi) Findin : Less-than-Significant Impact. 17 Veterans Affairs Community-based Outpatient Clinic Project Findings of Fact 5CH No.2022080337 Facts in Support of Firtdinz. R-Value tests performed by Krazan on the Project site's soils determined that the expansion.pressure of the soils was nil.As such,the Project would not be located on expansive soil and would not create substantial risks to life or property; therefore; impacts would he less than significant. (DEIFY,.p.4.6-11) E. Would the Project have sails 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?(Threshold "e") Finding No Impact Facts in Support of Finding:Wastewater service for the Project site is provided by North of the River Sanitation District and no septic tanks or alternative waste water disposal systems are proposed as part of the Project. (DEIR; p..4.6-11) 2.2.6 Greenhouse Gas Emissions A. Would the Project conflict with on applicable plan, policy or regulation adopted for the Purpose of reducing the emissions of greenhouse gases?(Threshold "b") Finding:Less-than-Significant Impact Facts in Su art of Finding: Implementation: of the Project, which has very minimal GHG emissions below virtually all numerical thresholds of significance.relied on by lead agencies, would not conflict with the State's ability to achieve the,Statewide GHG reduction mandates and would be consistent with applicable policies and plans related to 01IG emissions reductions. Implementation of the Project would not actively interfere with any future federally-, State-, or locally-mandated retrofit obligations(such as requirements to.use new technologies such as diesel particulate filters;.emissions upgrades to a higher tier equipment, etc.) enacted or promulgated to legally require development projects. to assist in meeting State-adopted GHG emissions reduction targets, including those established under EO S-3-05, EO 13-30-15, or SB 32. It also bears noting that it is very likely the Project will be much more efficient and result in less emissions than the existing VA clinic, given it will be constructed and operated subject to modern regulations that are.much more protective of the environment than those that existed when the existing VA clinic was constructed over 30 years ago. Far these reasons,the Project would not conflict with an applicable plan, policy,or regulation adopted for the purpose:of reducing the emissions of GHGs.(DEIR,p, 4.7720) 2.2.7 Hazards and Hazardous Materials A. Would the Project create.a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials?(Threshold"a") B. Would the. Project 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?(Threshold"b"] Finding:Less-than-Significant Impact. 18 1 1 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact 5CRNo.2Q22a80337. { Facts in Support-of Finding_Based on the Phase l ESA conducted by 1{razan, the Project site contains no evidence of RECs, CRECs; HRECs or other environmental issues.No significant hazard to the public.or the environment.wou Id occur through a reasonable risk of upset or the routine transport, use, or disposal of hazardous materials associated with these features that are park of the existing site condition, Therefore, impacts would be less than significant. (DEIR,p.4.8-8) Heavy equipment (e.g., dozers, excavators, tractors) would be operated on the Project site during construction.This heavy equipment likely would be fueled and maintained by petroleum-based substances such as diesel fuel, gasoline, oil, and hydraulic fluid, which are considered hazardous if improperly stored. or handled. In addition, materials such.as paints, adhesives, solvents, and other substances typically used in building construction would be located on the. Project site during construction..lmproper use, storage, or transportation of hazardous materials.can result in accidental releases or spills,.potentially posing health risks to workers,the public;and the environment.This.is a standard risk on all construction sites, and there would be no greater risk for improper handling, transportation,or spills associated.with the Project than would occur on any other similar construction .site.Construction contractors would he required to comply with all applicable federal, State,and local laws and regulations regarding the transport, use, and storage of hazardous construction-related materials, including but not limited requirements imposed by the EPA,DTSC, and the Central Valley RWQCB. With mandatory compliance with applicable hazardous materials regulations,the Project's short-term construction activities would not create significant hazard to the public or the environment through routine transport; use, or disposal of hazardous materials. Therefore, impacts would be less than significant and no mitigation is required. (DEIR, pp. 4.8-8 to 4.8=9) The proposed buifding.would operate as a U.S..Department of Veterans Affairs(VA)outpatient medical facility,and hazardous materials and biohazardous nnaterials:and.medical wastes are expected to be present as part of the facility's operation.The VA would be required to comply with California's Medical Waste. Management Act of 201.7. All transporters of biomedical waste also must hold a Hazardous Waste Transporter Registration through the California DTSC. All biomedical.wastes and hazardous materials used or stored at the proposed.clinic would require the VA to comply with all applicable:federal,State;and local regulations to ensure proper use,storage.,use,emission,and disposal of hazardous substances (as described above). With mandatory regulatory compliance, the Project would not.pose a significant hazard to the public or the environment through.the.routine transport,use, storage, emission, or disposal of biomedical wastes or hazardous materials, nor would the Project increase the potential:for.accident conditions which could result in the release of hazardous materials. into the environment. With mandatory compliance with applicable hazardous materials regulations,. during longterm operation,. the .Project would not create.significant hazard to the public or the environment through routine transport, use,.or disposal of biomedical wastes or hazardous materials. Therefore,impacts would be less than significant and no mitigation is required. (DEM,p.4:8-9) To ensure that Project construction activities do not inadvertently release hazardous materials into.the environment,the fallowing regulatory requirements are.required.. HAZ RR-1. Construction contractors shall be required to conrizly ivith all applicable.federal, Stale, and local laws anel regulations regarding the transport. use, and storage of ha.Mardous 19 1 1 Veterans Affairs Community-Based-Outpatient Clinic Project Findings of Fact SCH No.2022080337 construction-related iaterials, including.but not limited reyuireazents unposed by the EPA, DISC, and the Central Malley RIVQCB, .HAZRR-2. If the VA handles hazardous materials as.df�ftned in Section 25500 of California Health and Safely Code$ Division 20, Chapter 6.95, it shall be required to comply with California's Hazardous Materials Release Response Plans and Inventory Lmv, which requires innnediate reporting to the Kern County Fire.Deperrtriient and the State Office ofEmergency Services ilegarding any release or threatened release of a hazardous material, regardless of the arrrount handled by the business, and to prepare a Hazardous Materials Business Emergency Platt (HLIBEP). L ZRR-J.Activities involving the collection and disposal of medical wastes are required to comply with California's Aledi cal Waste Management Act of 2017.. HAZ RR-4. All transporters of medical uwstes must be registered hazardous waste haulers with a valid Hazardous Waste Transporter Registration through the California Department of Toxic 5uhstances.Control{DTSQ. HAZ RR-S. The proposed.Project would be required to comply :with the Kern County Operational Area .Hazardous Materials Area Plan to ensure compliance with establisher) procedures, rules, and regulations for emergenev responses in the event of a hazardous materials incident C: Would the Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Threshold"c"J Findin .Less-than-Significant Impact Facts_in Support of i indin :The.San Lauren Elementary School is located within one-quarter mile of the Project site. Accordingly,the Project has the potential to emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,and/or wastes within one-quarter mile of an existing'or proposed school.The use of and transport of hazardous substances or materials.to-and- from the Project site during construction and long-term operational activities would be required to comply with applicable federal, State, and local regulations that would preclude.substantial public safety hazards.Accordingly,there would be no potential for existing or proposed schools to be exposed to substantial safety hazards associated with emission, handling, of, or the routine transport of hazardous substances or materials to-and-from the Project site and impacts would be less than signi cant. Additionally, as disclosed in DEIR Subsection 4.2, the Project's toxic air contaminant emissions.(and their associated health risks) would be less than significant; and in fact, far below applicable thresholds of significance, (DEIR., p.4.840) D. Would the Project be located on a site which is included an a list of hazardous.materials sites .compiled pursuant to Government Code Section 65962.5 and, as a result world it create a significant hazard to the public or the environment?(Threshold "dJ') 20 E Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact SCH Flo.2022080337 Finding:No Impact F Facts in Support of Finding: Because the Project site is not located on any list of hazardous materials sites complied pursuant to Government Code Section.65062.5, the Project..has.no potential to create a significant hazard to the public or the environment associated with a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. (DEAR, E p.4.8-10) ' 1 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 or excessive noise for people residing or working in the project area? (Threshold "e") Findin : Less-than-Significant Impact Facts in Supljort of Finding: The Project site is located 0.9=mile southwest of the Meadow Fields Airport.According to Kern County Airport Land Use Compatibility Plan(ALUCP),the Project site is located inside of Compatibility Zone`jC".for the Meadows Field Airport;however,the Project site is located outside of the noise.contours of the airport. The Project land use is consistent with permitted uses inside of Compatibility Zane"C"of the.AL.U.CP,and therefore,there is no potential for implementation of the Project to result in a safety hazard or excessive noise far people residing or working in the.Projectarea. Impacts would be less than significant.(DEIR,.p.4.8-10) Regarding.other airport related risks to occupants,the Meadows Field land use exhibit allows commercial, industrial, and low-density residential uses within the:Project site. The ALUCP also allows the construction of medical clinics and single-story offices within APLUCP Zones B and C, subject to a density limitation.of 150 persons/acre. As designed,.the approximately 10.05-gross acre' VA community-based outpatient clinic development would not exceed the allowable.. density. Therefore; the Project would not result in additional safety hazards beyond the baseline condition of the range of land use activities the APLUCP allows including adjacent commercial uses. Thus, the Project would not result in a safety hazard or excessive noise for people residing or working in the project area.(DEIR,p.4.8-11) F. Would the Project impair implementation :of, or physically interfere with .an adopted emergency response plan or emergency evacuation plan?(Thresh old'f") Findin :No Impact Pacts in-Supl2ort of Finding: The Project site does not contain any emergency facilities nor does it serve as. an emergency evacuation route. During construction. and long-term operation, the proposed Project would be required to maintain adequate emergency access for.emergency vehicles. As part.of the Project design, a dedicated ambulatory pick-up area is proposed. As:part of the C.ity's discretionary review process, the City of Bakersfield reviewed the Project's application materials to ensure that appropriate emergency ingress and egress would be available to-arid-from the Project site and that the Project would not substantially impede emergency response times in the local area. 21 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact SCH No.20220SO337 F $3 i Additionally; the proposed Project would be required to:comply with the Kern County Operational Area Hazardous Materials Area Plan to ensure compliance with established procedures, rules, and regulations for emergency responses in the event of a hazardous materials incident. Accordingly, implementation .of the Project would not impair implementation of or physically interfere with an adopted emergency response plan or an emergency evacuation plan,(DEIR, p.4.8-.11) i G. Would the Project expose people or structures,either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?(Threshold"g") Finding:No Impact Facts in Supl2ort of Finding; The Project site is not located within a very high .fire hazard severity zone. Neither Ca I Fire nor the City of Bakersfield identify the Protect site within an area susceptihle to wildland fires and the Projectsite and surrounding areas generally consist of commercial, industrial, and/or residential uses, which are generally not associated with wildland fire hazards. Because the Project would.not.expose people or structures.to.a significant risk of loss, injury,or death involving.wild land fires,no impact would occur. (DEIR,p.4.8-11) 2.2.8 Hydrology and Water Quality .A. Would the Project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?(Threshold"a") 8. Would the Project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management.plan?(Threshold "e") Findine,:.Less-than-Si.gniiicant Impact Facts in Support of Finding: Pursuant to the.requirements of the Central Valley RWQCB and Chapter 15.05 (California Building Code) of the City of Bakersfield Municipal Code, the Project Applicant would.be required to obtain a NPDES Municipal Storm Water Permit for construction activities. The NPDES permit is required for all projects that include construction activities, such as clearing,soil stockpiling,grading,and/or excavation that disturb at least one acre of total land area. In addition,the Project would..be required.to comply with the WQCP,.Compliance with the NPDES permit and the WQCP involves the preparation and implementation of a SWPPP for construction-related activities; including grading. The SWPPP would specify the Best Management Practices(BMPs)that the Project would be required to implement.during construction activities to ensure that all potential pollutants of concern are.prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the subject property. Mandatory compliance with the SWPPP would ensure that the Project does not violate any water quality standards or waste discharge requirements during construction activities. (D.EIR, pp.4.9-.7 to 4.978) All runoff.generated on the Project site would be treated by the proposed on-site water quality/retention basin,which would provide water qual ity treatment of storm water priorto infiltrations of the runoff into the on-site soils. Additionally,the City of Bakersfield along with the County of Kern adopted a Storm Water ManagementPlan.The Corr mucial and hidiestrial Element of the Sturm Water 22 1 i Veterans Affairs Community-Based Outpatient Clinic Project Findings of.Fact 5CH No.202208037 Management Plan establishes measures to control.potential pollutants from ongoing operations in than category of land use. Accordingly, during operation of the proposed Project, the City's program for "best.conventional pollutant control.technology"would he in effect: This includes site inspections by City personnel and enforcement of vegetation; sediment, and debris that may accumulate in retention/detention basins. With"implementation.of the.proposed water.quality/retention basin and compliance with the.Storm Water Management Plan, long-term operation of the Project would not violate any water quality standards or waste discharge requirements.or.otherwise.substantially degrade surface or groundwater quality,and the Project would not conflict with the Storm Water Management. Plan requirements.(DEIR,p.4.9-9) Although.the Project would result in less than significant impacts relating to hydrology and water quality, the Project will be required to implement the following regulatory requirements to further minimize the.Project's less than significant effect. HYD RR-I. The Project Applicant and construction contractor are required to carrrply wiih the requirements of a 1dPDES permit and SWPP.P. Compliance ivith the NPDES permit and the Sr:1WPPP require an effectNe combination of erosion control and sediment control measures (Le., Best.Management Practices) to reduce or elitrrinate discharges to surface water franr storm Water and iron-storrrlwaler discharges during construction activities. .HYD RR-2.During construction,Project construction contractors arc,required to comply with the requir•emertts of the 20222 California Green Building Standards Code (C'alGreen, Part T I of Title 24, California Cade of Regulations) or any srthse.quent version of the Title 24 in effect at the dine of buile ing permit issuance, which requires among other items the installation of lour water-rise features: C. Would the Project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project May impede sustainable groundwater management of the basin?(Threshold "b") Finding Less-than-Significant Impact Facts in Support of.Finding: No operating groundwater wells occur an the Project site under existing conditions, and no wells are proposed as part of the Project. As such,the Project would not result in the direct long-term extraction of groundwater supplies. (DEIR,.p.4.9--9) The Project would be served with potable water by California Water Service(Gal Water).The Project site is located in the Bakersfield DistrictNorth Garden water system.The Bakersfield District derives.its water supply from a combination of groundwater, untreated focal surface water purchased from the City of Bakersfield,and treated local surface and imported water.purchased from Kern County Water Agency (KCWA) Improvement District 4 (I13-4). The combination of groundwater and purchased imported water supplies is expected.to be sufficient to support the Bakersfield.District's. projected water demand through 2045.(DEIR, p. 9-9).The Project does not have a significant water demand. 23 Veterans Affairs.Community-Based Outpatient Clinic Project Findings of Fact 5CH No.2022080337 The Urban Water Management .Plan (UWMP) for the Bakersfield District forecasts 70,314 acre-feet of reliable supply for a normal year, single-year drought, and multi-year drought in 5-year increments through 2045. Similarly, the KRGSA Groundwater Sustainability Plana estimates groundwater safe yield combined with other sources.of supply and supplemental supply projects which combined "fully mitigate potential future overdraft". due to the actions to be undertaken pursuant to the Kern River Groundwater Sustainability Plait,as well as the fact that the Bakersfield District would � have adequate groundwater to:serve the Project,the Project's water dernand would not substantially decrease groundwater supplies. The Project's relatively low water demand. would not stress or otherwise significantly impact the Cal Water's water sources,whether local groundwateror purchased { water that comes from the Colorado River or the State Water Project. Further, the end result of the Project will be to essentially trove the existing.VA clinic,and thus it does notresult in any truly new water demand. (DEM,pp.4.9-9 to 4.9-10) With implementation of the proposed Project,runoff generated on the site would be conveyed to:the proposed on-site water quality/retention basin,where the runoff would infiltrate into the on-site soils. Because.runoff from the Project site would be captured to allow infiltration-into on-site soils, the Project would not interfere.substantially with:groundwater recharge; and impacts would be less than significant.(DEIR,p.4.9-10) D. Would the.Projectsubstontially alter the existing drainage pattern of the site orareo,including through the alteration of the course of a stream or river,or through the addition of impervious surfaces,.in a manner which would(Threshold "c"): i. Result in substantial erosion or siltation on.or off site? ii. Substantially increase the.rate or amount of surface runoff in a manner which would result in flooding on or off site? iii. Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems.or provide substantial additional sources of polluted runoff? iv. Impede or redirect flood flows? Finding: Less-than-Significant Impact Facts in Support of Finding;With implementation of:the Praject's water qualityfrewntion basin and implementation of a SWPPP during .construction activities, Project impacts to water quality, including erosion and siltation, during both construction and long-term operation would be less than significant.(DEIR, p.4.9-10) Ali runoff generated on the Project site would be conveyed to the proposed on-site water quality/retention basin,where the runoff would be allowed to infiltrate into on-site soils. There would be no runofffrom the Project site following site development. As such,the Project has no potential to increase the rate or amount of surface runoff in a manner which would result in.flooding on- or off- site, and the ,Project would not create runoff water which would exceed the capacity of existing or planned stormwater drainage systems.(DEIR,p.4.9-.10) 24 1 1 1 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact SCH.No.2A22090337 FEMA.FIRM Map Number 06029CI 825F, which includes the Project site, indicates that the Project area is in"Zone X",an area❑fminimal flooding. Accordingly,the Project.has no potential to impede or redirect flood flows,and no impact would occur. (DEIR,p. 4.9-10) E. Would the Project result,in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?(Threshold"d"J Finding:No Impact Facts in Support of Finding_FEMA FIRM .Map Number 06029C1825F; which includes the Project site;.indicates that the Project area is in"Zone X". Accordingly,the Project site would not be subject to inundation during peal~storm events,and the Project therefore would not risk the release of pollutants due to flood hazards,and no impact would occur.(DEIR, p.4.9-I1) There are no enclosed or semi enclosed bodies of water in proximity to the Project site other than the Beardsley Canal, located approximately 0.3-mile northeast, which would not.be subject to seiches because it is not a large water body. Accordingly, the Project would riot risk the release of pollutants due to inundation from seiches,and no impact would occur. (DEIR,p.4.9-11) The project site.is located approximately 74 miles northeast of the Pacific Ocean. As such,the Project site is not subject to inundation due.to tsunamis. Accordingly,the Project would not risk the release of pollutants due to.inundation from seiches,and.no impact would occur. (DEIR,p.4.9-1 l) 2.2.9 Land Use and Planning A. Would the Project physically divide an established community?(Threshold"a") Tin diria:No Impact Facts in Support of Finding: There is .no reasonable possibility of the Project dividing an established community. Existing commercial development borders the Project site to the north,vacant land and SR 99 occur to the east,existing commercial development is located to the south of the Project site, and Knudsen Drive and existing public facility uses are located ta.the west of the Project site. Residential communities .are located to the west of the Project site at a distance. The residential. communities are separated from the Project site by Xnudsen Drive.and existing public facility land uses. Because the Project site is already physically separated from developed residential properties under existing conditions,development of the Project site as proposed would not physically divide any established residential community.(DEIR,p.4.10-5) The Project would connect to the existintl roadway system and other infrastructure and would. not involve the reconfiguration of streets that could have the potential to.alter the surrounding pattern of future development and affect the connectivity of existing residential uses located to the west of the Project site and west of Knudsen Drive.(.DEIR, p. 4.1.0-5) 25 E Veterans Affairs Community-Based outpatient Clinic Project Findings of Fact 5CH No.2022080337. B. Would the Project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adapted for the purpose of avoiding or mitigating an environmental effect?{Threshold"h") Finding Less-than-Significant Impact Facts in Support. of Finding_ The proposed Project would not conflict with the AQAPs SIVAPCD thresholds of significance. Accordingly,the proposed Project would not conflict with the j applicable air quality plan,and impacts would be less than significant. (DEIR,p,4.1 0-5) { The Project would not conflict with the adopted goals of the 2022 Regional Transportation Plan.The proposed Project is a consistent use within the Service Industrial (SI)General Plan land use designation,and that designation and the Project are consistent with the City's General Manufacturing (M-?) zoning classification, which.under the City's Euclidean pyramid zoning structure, allows all uses permitted in the C-a zone,including medical clinics.Because the proposed Project is a permitted land use, is consistent with existing.zoning, and has been designed in accordance with all applicable regulations,the:proposed Project would not cause a significant environmental impact due to.conflict with.the M.BGP.The.Project would not conflict with any of the.specific objectives,polices,.or actions in the General Plan's Elements that were adopted for the purpose of avoiding or mitigating an environmental effect.(DEIR,p.4.10-8 to 4:10-9) 2.2.10 Noise A. Would the Project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan.at noise ordinance, or applicable standards of other agencies?(Threshold"a") Finding: Less-than-Signifcant Impact Facts in Supaort of Finding! The Facts presented below evaluate three components of the Projeetthat would generate noise--the construction process,oil-site operational activities,and off-site traffic. (,onsirucfion Noise Project-.related construction noise would be temporary, short-term, and intennittent in nature and would cease upon completion of the.respective phase of construction. The number and mix of construction equipment are expected to occur in the following; stages: site preparation, grading, building construction,paving,architectural coating..(DEIR,p.4.1145) Project:related construction noise levels are expected to range from 48.0 to 60.7 dBA L,q, at. the nearby receiver locations. To evaluate whether the..proposed Project would generate potentially significant short-team noise levels. at the nearest receiver locations, a construction-related daytime noise level threshold of 80 dBA L,q is used as a reasonable threshold to assess the daytime construction noise.level impacts. The nearest receiver locations would satisfy the.reasonable daytime 80 dBA.L,q significance:threshold during.Project construction activities. Therefore, the noise impacts due to 25. E Veterans Affairs Comrnunity-Based Outpatient Clinic Project Findings of Fact SCH No.2022080337 Project.construction noise are considered less than significant at all receiver locations.(DEIR,p:4.11- 15) 1 i On-Sire QVer•atlonal.Noise. The on-site Project-related noise sources are expected to include but not be limited to:outdoor loading dock activity, roof-tap air conditioning, units, emergency generator, trash enclosure activity, parking lot vehicle movements, and truck movements.(DEIR, p.4.11-1.6) The operational noise levels associated with the proposed Project would satisfy the City of Bakersfield daytime and niglttime exterior noise level standards. Therefore, the operational noise impacts would be less than significant at the.nearby noise-sensitive receiver locations. The Project would generate daytime operational noise level increases ranging from 0.0 to 0.6 dBA Leq at the nearest receiver locations.The PrejectwouId generate nighttime operational noise level increases ranging from 0.0 to 1.0 dBA L,q at the nearest receiver locations.Because the Project_related operational noise level increases would not exceed.the operational noise level increase significance criteria,the increases at the sensitive receiver locations would be less than significant. (DEIR, p.4.1.1-18) -Site 7•ra rc.Noise The analysis of existing traffic noise levels plus traffic generated by the proposed Project is provided for information purposes only in order to fully analyze all of the existing traffic.scenarios identified in the Project's Traffic Study.With the addition of Project traffic to existing traffic levels, Project off-site traffic noise level increases would range from 0.0 to 0.2 dBA CN EL on the study area roadway segments. Based on the significance.criteria.for off".site tragic noise,existing;noise sensitive land uses adjacent to the study area roadway segments would experience noise.level increases that are below the identified thresholds of significance. As such, Project-related traffic noise impacts under Existing with Project conditions would be less than signi ficant..(DEI R, p..4..1 1-20.) The Project off-site traffic noise level increases would range from 0.0 to 0.2 dBA CNEL under 2024 traffic conditions:Based on the significance criteria for off-site traffic noise, land uses adjacent to the study area roadway segments would experience noise level. increases due to Project-related traffic noise levels that are below the identified thresholds of significance under 2042 traffic conditions. As such, Project-related traffic noise impacts under 2042 traffic conditions would be less than. significant..(DIa11L p.4..11-2 1) The proposal to establish:a community-[lased.outpatient clinic on the Project site would not exacerbate any existing noise impact,.and thus the analysis of the impacts of existing noise on the Project is not required under CEQA (see California Builcling Indirstq..Assodation v. Bqv Area Air Quality Management District (2015) fit Gal.4th 369).. Further, MBGP Figure VII-1, .Laird Use Compalibilily for Community Noise.Environments establishes that.for hospitals and nursing homes(the most similar land use to the Project), a noise.environment up to 70 dBA CNEL is acceptable. As disclosed in DEIR Subsection 4.1.1,'Cable 4.1.1-6,Drrutitrre Project Operallonal Noise Level-Increases, and Table 4..11-7, Nighttime Prajeel Operational Noise Level Increases, ambient noise levels.at the measured locations are all below the.acceptable level of 70 dBA CNEL: The Project would generate daytime operational noise level increases ranging from. 0.0 to 0.6 dBA Leq at the nearest.receiver locations with ambient noise levels all being below 70 dBA. CNEL. The Project would generate 27 Veterans Affairs Community-Based.outpatient Clinic Project Findings of Fact SCH No.2022080337 nighttime operational noise level increases ranging.from 0.0 .to I.O dBA Leq at the nearest receiver locations, also with ambient noise levels ill being below 70 dBA CNEL. Based on the substantial evidence contained in the DEIR and in the technical noise analysis contained in DEIR Technical F.ppendix H, Project=related noise impacts would be.less than significant, included any purported "impacts."of existing ambient noise on the-Project.(FEIR,p. F-134) B. Would the Project result in generation of excessive groundborne vibration or groundborne noise levels?(Threshold"b") Finding:Less-than-Significant Impact Facts in Support of Findin& At distances ranging from 557 to 1,307 feet from Project construction activities,construction vibration velocity levels.are estimated to range from O.QO I to 0.002 in/sec PPV. Based on.maximum acceptable continuous vibration threshold of 0.3 PPV (inlsec), the typical Project construction vibration levels would fall below the building damage thresholds at all the noise sensitive receiver locations. Therefore;the.Project-related vibration impacts are considered less than significant during typical construction activities at the Project site. (DEIF, p.4.11-22) C. i~or a projects located within the vicinity of a private airstrip or 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?(Threshold"c") Finding:Less-than-Significant Impact Facts in Support of Finding_The closest airport to the Project site is the Meadows Field Airport located approximately 0.9 miles northeast of the Project site. According to the Kern County Airport Land Use Compatibility flan (ALUCP), the Project site is Iocated within the Airport Influence Area,. but located weil outside:of the 60 dBA CNEL noise level contour boundary of the airport. According to the.ALUCP,.the Project medical outpatient commercial land use is:coMidered normally acceptable with exterior noise levels of 5.5-60 dBA.CNEL, and any noise form the airport plus ambient noise levels will be below this range. Impacts would be less than significant and no mitigation is required. (DEIR, p.4.11-22) 2.2.11 Transportation A. Would the Project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway,bicycle, and pedestrian facilities? (Threshold "a") Finding:_Less-than-Significant.impact Facts in Support of Finding: The improvements associated with the Projects:construction are fully consistent with all goals and policies of the City',s General Plan Circulation Element, as well as the requirements of City's.Municipal Code. (DEIR,p.4.12-5). 28 1 Veterans Affairs Community-Based Outpatient Unit Project Findings of Fact SCH No.2022080337 i As indicated in the Project's T1A,all roadway segments within the scope of the study currently operate at or above LOS C and are expected to continue to do so through the year 2042,bath with and without the Project.The intersections Knudsen Drive&Olive.Drive and Mohawk Street&.Hageman Road operate below an acceptable level of service, prior to the addition of the Project traffic. With the addition of the..planned but not yet constructed Hageman Flyover,which.is projected to.he completed by 2042,the intersection of Knudsen Drive&Olive.Drive is projected to operate at an acceptable level of service in the year 2042 with or without the addition of Project traffic. The intersection of Hageman Road and Mohawk Street will continue to operate below an acceptable level of service,with the Project contributing 0.8 seconds of delay in the morning peak hour and 2.3 seconds of delay in the evening peak hour, which is less than significant according to Section 5.2".7 of the City's Transportation Design Manual. For these reasons, the Project is fully consistent with the General Plan Circulation Element policies.related to streets and roadways. (D.EIR,p.4.12-5) Existing bus stops in the area are adequate for this existing route, and no new bus stops are required along the Project site's frontage with Knudsen Drive.The.Project would not conflict with any of the goals or policies identified in the General Plan Circulation.Element related to.transit.(DEIR,pp. 4.12-5 to 4.127-6) According to the City of Bakersfield Bicycle 'Transportation Plan, Hageman Road has a designated Class 2 Bike Lane and:Knudsen Drive is.planned to.have a Class 2 Bike Lane(Bakersfield, 2013).These designations also are consistent with the Kern County 2012 Bicycle Master Plan: Class 2 bike lanes are defined by pavement striping and signage used to allocate a portion of a roadway for exclusive or preferential bicycle travel. Bike lanes are one-way facilities on either side of a roadway. As part of the Project'.s roadway frontage improvements with Knudwn Drive, right-of-way .will be provided for a Class 2 bike lane,would be.in full compliance with the City of Bakersfield"Bicycle& Pedestrian Safety Plan." Accordingly, the Project would be fully consistent with the General Plan Circulation Element goals and policies related to bikeways. (DEIR, p.4.12.6) The Project would not conflict with any of the goals or policies included in the General Plan Circulation Element related to parking. The Project is required to accommodate a total of214 vehicle Parking spaces,which the Project as proposed.will accommodate. (DEIR,p.4.12-6) The Project site is located approximately 0.9-mile southwest of the.Meadows Field.Airport. The Project site is located. inside of Compatibility "Lone "C" for the Meadows Field Airport. Compatibility Zone-'C" includes areas in the common traffic pattern of the airport that are.at limited risk for impacts. These areas.may have frequent noise intrusion; however;the Project site is located outside of the noise contours of the airport.The:Project would be implemented in accordance with the ALUCP restricting occupancy of the site to no more than 150 persons per acre,and would not conflict with the General Plan Circulation Element goals and policies related to airports. (DEIR,p.4.12-6.) With respect to the City's Municipal Code, the Project would be required to. comply with all applicable provisions of Municipal Code Title 1.0 (Vehicles and Traffic). Specifically, the Project Applicant would be required to contribute transportation impact fees pursuant to Chapter 15.84 of the. City's Municipal Code (Transportation Impact Fee) to help provide for acceptable LOS.within the. City. Project-related roadway improvements also would be required to comply with Chapter 10.1.2 29 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact SCH No.2022080337 (Traffic-Control Devices).of the City's Municipal Code,which requires.the City to.provide for orderly and safe traffic conditions within the City and to have installed and maintained such signals and other devices as may he necessary to effectively carry out such purposes.There are no components of the proposed Project that would conflict with any of the provisions of Municipal Code Title 1.0..(DEIR,p. 4.1.2-6) Accordingly,.and based on the foregoing analysis,the proposed Project would-notcanflict.with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities,and impacts would be less than significant.(DEIR,p,4.12-6) Although the Project would result in less than significant impacts relatingto transportation,the Project will be required to implement the following regulatory requirements to further minimize the Project's less than significant effect. TRIG RR-J.Prior to issuance of building permits the Project Applicant shall pen+appropriate Traffic.Impact Fee (TIF)fees at the rates then in..effect in.accordance with Chapter 15.84 of the Cilu's Municipal Code. TRIVRR-2.All offsite roadw y improvements shall comply will;applicable provisions of City ofBakersfeld Municipal Code Title:1Q(Vehicles and Traffic)and Chapter 13.12(Development Improvements Slandards and Specifrcatiaw). B. Would the Project conflict or be inconsistent with CFQA Guidelines Section 15064.3, subdivision (b)?(Threshold"b") Finding: Less-than-.Significant Impact Facts in Support of Finding: The Project VMT/employee.of 1.2.0: is less than the countywide significance threshold of 14.56 VMT/employee. This analysis is highly conservative and overstates actual impacts because it does not "net out." the VMT that will be eliminated when the VA clinic's current location on Westwind Drive closes when the Project begins operations. further,the proposed Project would actually.reduce overall VMT in.the area because the proposed VA community-based outpatient clinic is programmed to provide medical services not currently offered at-the current location on Westwind Drive(in addition to replacing the same services.offered at the existing facility),which wi11 allow veterans to receive local care and eliminate. long drives to other VA facilities in distant geographic.areas to receive medical care,just over 100 miles away in Los Angeles. During the 2021 City hearings relating to the Project, a number of veterans testified that they currently must drive to Los Angeles for services,.but once the Project is:operational, will no longer do so. Therefore,VMT associated with the Project would represent a less-than-significant impact. (DEIR,p.4.12-7) For informational.purposes,the trips generated by the existing VA clinic located on Westwind. Drive were quantified, and it is estimated to generate 1,116 average daily trips(ADTs), 74 a.m. peak [Tour trips, and 1.10 p.m. peak ]lour trips. This is substantially similar to the projected trips for the Project,which are estimated to be 1,457 ADTs,95 a.m. peal:hour trips,and 143 p:m. peal:hour trips: The.VMT generated by the existing facility is likewise substantially similar to that generated by the 3o t Veterans Affairs Communit"ased Outpatient Ctinic Project Findings of Fact 5CH No.20220803.37 proposed Project. Thus, the.Project essentially steps into the shoes of the existing facility's impacts, J .rather than generating truly "new" impacts on the environment relating to transportation. (DEIR,pp. 4:124 to 4.12-8)However,the City and the EIR are not.relying on this"netting out"when disclosing, analyzing and mitigating the Project's impacts. C. Would the Project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (Threshold "c") Finding:Less-than-Significant Impact Facts in Support of Finding_All of the proposed ioadway improvements would be implemented in a manner consistent with.Chapter 13.12(Development Improvements Standards and Specifications) of the City's Municipal Code; which requires compliance with a number of standard manuals. The purposes of Municipal Code Chapter 13.12 are intended to protect the health, safety and general welfare of the citizens of the City by establishing standards and specifications related to a number of public improvements, including roadway improvements. Additionally, the Project's proposed improvements have.been reviewed by the City for compliance with the.provisions of Chapter 13.12, and have determined that the Project's proposed improvements are in.full compliance with the City's requirements as well as Municipal Code Chapter 13.12.. Accordingly, the Project would not substantially increase hazards due to .a geometric design feature, and impacts would be less than significant.(DEIR,p.4.124) D. Would the Project result in inadequate emergency access?(Threshold"d') Finding: Less-than-Significant Impact Facts in Support of Findin : During construction of the proposed Project,Project construction contractors would be required to maintain adequate emergency access routes on site. Additionally,the Pro Department.jeeVs plans have been reviewed by the Bakersfield Fire Department.(BFD),which has determined that the Project's design would provide.for adequate access.for.emergency vehicles under Iong-tern operations. Furthermore, the Project would be subject to the requirements of Section 15.65.190 (Appendix D, Section D 103.5 Fire apparatus. access road gates — Amended), which identifies requirements associated with emergency access. Accordingly, the Project would not result in inadequate emergency access, and impacts would be less than significant, (DEIR,p.4.12-8) 2.3 Impacts Identified in the EIR as Potentially Significant that Have been Mitigated to a Level of Less.than Significant The City Council hereby Finds that feasible mitigation measures have been identified in the EIR that will avoid or substantially lessen the followiing.potentially significant environmental impacts to a less than significant level,pursuant to CEQA Guidelines§ 15001(a)(.1). The potentially significant impacts; and the mitigation. measures that wiil reduce.them to a less.than significant level, are as follows: 31 Veterans Affairs Community-eased Outpatient Clinic Project Findings of fact 5CH No.2022USa337 2.3.1 Biological Resources A. Would the Project 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 Wildlife or U.S.Fish and Wildlife Service? (Threshold'Y) Finding- Tess-than-Significant Impact with Mitigation Facts in Support of Findiin :Based on the field survey,none of the 9 special-status plant species that have been documented as potentially occurring in the vicinity of the Project site have the potential. to occur within the Project site based.on habitat,soils,topography,previously documented occurrence of the species, and the extremely disturbed conditions found on the Project:site. Therefore,there is no potential for the Project to cause direct or indirect impacts to special-status.plant species. (DEIR, p. 4.3-7) Although no Crotch's bumble bees were observed during the site visit in 2422,the survey was conducted during an inactive period for the Crotch's bumble bee. Another survey was conducted on May 26, 2023; however,.no Crotch's bumble bees were observed. Potential habitat for the Crotch's bumble bee, including small mammal burrows and annual grassland, are present on the site. Because potential foraging and nesting habitat could be present on the site,there is potential for Crotch's bumble bee nests to be impacted during.Project-related ground disturbance.The potential presence of Crotch's bumble bee is therefore considered a significant direct impact and mitigation is required. Although no.burrowing owls or sign of species presence was observed during focused surveys conducted on the Project site, California ground squirrel burrows, which are frequently used by burrowing owls for nesting and shelter, were.observed.Therefore; the site is likely to support small mammals that are potential prey items in the diet of burrowing owl, Thais, the Project's construction .activities could remove potential foraging and potential nesting habitat for burrowing owl. The potential presence of burrowing owl is considered a significant direct and cumulatively considerable impact Because the species is Migratory and could be present on the Project site atthe time the Project's construction activities commence,and mitigation is required. (DEIR,p.4.3-8) The Project site provides suitable dentiing habitat for SJKF and American badger: Several suitably sized holes were observed during the survey effort. Impacts to suitable dens could occur-,. however, no known SJKF or American badger dens were observed on the.Project site. The nearest historic.record of American badger occurred approximately 0.5-mile southeast of the Project site. With the amount of human foot traffic.and trash dumping on the Project site, the site is.considered lower quality habitat then adjacent parcels.that experience less disturbance; however, it is.not possible to conclude that SJKF would not Visit or.occopy the site..Because there is potential for SJKF or American badger to occupy the Project site, potential direct impacts would be significant and mitigation is required. (DEIR,p.4.3-8) Birds nesting on or in the immediate vicinity of the Project site could be disturbed if tile, Project's construction activities occur during the nesting season when active nests are present.If these nests.are disturbed to the.extent that-eggs are destroyed,young are injured or killed,or adults abandon 32 1 Veterans Affairs Community-Based Outpatient Clinic Project i Findings of Fact SCH No.2022080337 f the nests,.a violation of the META and California Fish and Game Code.could result. Therefore, potential direct impacts to nesting and migratory birds would be.significant and mitigation is required, (DEIR,p.4.3-8) To ensure.that Project impacts to special-status wildlife species are mitigated to a level of less than significant,the following mitigation measures are required. BIO It7t'M.I. S:riveys.to detect burrowing owls shall be conducted by a professional biologist in consultation ivith CDp'W no more than 30 days prior to any ground disturbance activities on the Project.site and can be conducted concurrently with the pre-activity surveys repired per 13I0;VM--2,.BIO.sMM 3 and BIO.MM--4. Occupied-burrows shall not he disturbed during the nesting season (Februin y 1 through September 15).airless a professional biologist verfes through non-invasive methods that either: (1) the birds Have not begun egg-laying and incubation; or (2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival. If burrowing owls are.obsern'edl rtsing burrows:during the sztrveys, owls shall be exchtded from all active burrows through the use of exclusion devices placed in occupied burrows in accordance with CDT-W proiocoIs; Staff l?eport nn Burrowing OW Mitigation,shall be implentented..In such case, exchision devices shall not be placed until the young have fledged and are no longer dependent upon the burrow, as determined by a professional biologist. Specifically, exclusion devices; utilizing one-wT, doors, shall be installed in the entrance of all active burrows. The devices shall.he left in the burrows.for at least 48 hours to ensure that all owls have been ercludedl from the burrows. Each. of the burrows shall their be excavated)by.hand and refilled to prevent reoccupation. Exclusion shall continue until the owls have. been successfully excluded from the site, as determined by a professional biologist. BIO MM z. If vegetation clearing or initial ground-disturbing construction activity occurs during the migratory bird nesting season (Februdrry I to September 15) a professional avian biologist shall conduct a nesting bird survey to identify any active nests present within the proposed work area. If active nests are found, initial ground disturbance shall be postponed or halted within a buffer area, established by the professional avian biologist,.that is..suitable to the particular bird species and location of the nest, until,juveniles have fledged or the crest has..been abandoned, as determined by the.biologist. The construction avoidance area shall be clearly .demarcated in. the field with highly visible construction fencing or flagging, and construction personnel shall be instructed on the sensitivity= of nest areas. Specific to Stvainson's hawk, if the Projects .vegetation clearing or initial ground-disturbance construction actiony will commence during the migratory hirel nesting sedslon, the pre- construction nesting bird survey shall_follow surveys methodology developed by the species' SWHA Technical Advisory Committee 05117HA TAC 2000). If Sivainson's hawk is nesting within one-half mile of the Project site, construction activities shall not commence wiless an I7P is.obtained from the CDFW or until the breeding season has ended or until a qualified biologist has.deterinined that the birds have fledged and are no longer reliant upon the nest or parental cane,for•survival. 33 Veterans Affairs Community-Based Outpatient Clinic Project Findings of.Fact kli No.20220803W BIO MM 3, Prior to vegetation clearing or initial ground-disturbing co►astructron activities;a professional biologist shall conduct a survey to.determine the presence of suitable foraging, nesting, or over-wintering habitat for the Crotch bumblebee {CBB) within or hnmediately adjacent to the work limits, If.suitable habitat is present, at least 7 visual surveys shall be conducted by a professional biologist between 21pril I and May 30 to detect CBB on or within 160 feet of the work Ihnits prior to vegetal ion remoipallinitial ground disturbance. The surveys shall target the peak flowering period of CBB preferred nectar plants and shall be conducted by a professional biologist who is familiar with CBB behavior and life history} io determine presencelabsence.of CBB within one-year of vegetation rernovallinttial ground disturbance, CBB individuals shall only: be handled for identification if appropriate authorizations are issued. Surveys shall be conducted under suitable eonditionsfor observation of bumble bees.. Methods shall be in accordance agency protocols if issued If no agency protocols have been issued at the time of the surveys, the fillowing survey parameters Will be applied, the professional biologist will walk slow tea mph) meandering transects covering all portions suitable habitat within and irmnediately adjacent to the work limits containingsuitable habitat; surveys will be conducted no earlier than 2 hours gfter sunrise and 3 hours before..surrset, ors mostly surlily days with temperature between.65'and 909F;,suryeys will not be conducted.on cloudy.days (5�90% cloud cover) or under wet or windy conditions (?B mph). Surveyors will search for bzrrnble bees in.flighl and potential nest sites. All potential CBB nests found in small rnannnal burrows, under thatched grasses, brush piles or othersuitable ground locations shrill be further erainined based on observations of entering or exiting CBB. Observations of potential CBB nest.sites shall he conducted for no less than li. rrrinutes per location where CBB are possibly enteringlexiting, or a longer period as determined lay.the professional biologist. If no CBB or their crests are detected, no./urthcr measures will be..necessmy provided that vegetatiora..removalliruitial ground disturbance occurs prior to March I :of the year following the negative survey, If vegetationfinitial gromid disturbance does not occur'before March 1 of the yearfollowingthe negative survey,the survey shall be repeated following the above procedure. If CBB is found to be present, BIO MR-5 shall apply. .BIO MM-4. No more than 30 days prior to vegetation clearing or initial ground-disturbing construction activities,pre-construction surveys far•San.Joaquin kit fox and American badger shall be conducted by a professional..biologist. The pr►rpose of the precorustrt►ciion sarrvey is to provide current biological it formation in order to.Wiplement till avoidance and minimization measures that are required based on any previous absemidtions of special-status species.and to update observations shall anv new site occupation.by.special-status species occur, If oily known.San Joaquin kit fox dens are detected implementation of the most recent IISFWS protocols (Standardized Recommendations,for Protection of the.Endangered San.Joaquin Kit Fax Prior to or During Ground Disturbance (7011)) is required per B10 ABIS unless protocols are.issued by either CDFW or USFTRI;that super serge these protocols. If American badger is present,.BIO MM-5 shall apply. BIO MM-S, If.California or Federal listed.threatened or endangered species: are found occupying burrows, dens, or crests on the Project site or any such species could be h jrrred or 34 Veterans Affairs Camm.unity-Based Outpatient Clinic Project Findings of Fact SCH No.2022080337 killed due to Project-related activities, the CDFW andlor IISFWS (as appropriate) shall be contacted for further guidance. Should either agency determine that incidental take authorization is required prior to construction, the .appropriate CESAIFESA authorization shall be obtained by the Project Applicant. CES14 and.FESA authorizations shall include measures addressing the.respective state andlor federal listed species and shall include the follo}tiling at a minimum: a} Implementation of standardized biological resource protective measures included in.BI'D AIM--=I; } Biological preconstruetron surveys conducted by qualified biologists approved by each applicable agency no more than 30 days prior to conducting work on the Project site; c) If anyknown San Joaquin kitfox dens are detected, implementation of the most recent USFWS protocols(Standardized Recommeradatirnis for Protection of'the Endangered San Joaquin.Kit Fox Prior to or During Ground Disturbance (20II)} unless protocols are issued by either CDF'W or USFRIS that supersede these protocols. d) Destruction of San Joaquin kit fox dens shall follow the monitoring and excavation procedures in USF WS(30)IJ. ej If CBB individuals.or crests are detected during anY survevs conducted per BID M.M-3, and the CBB remains a state candidate species or.is listed under CESA, the Project applicant shall obtain take.authorization from CDFW prior to vegetation removal/initial ground disturbance. A CBB Mortality Reduction Planshall be submitted for CDT'W tIPproval no less than 30 days prior to inilial vegetation removal or ground disturbance and the Plan shall contain the following it formation at a minimum: o Active CBB nests shall be avoided by 50,feet. If CBB nests cannot be avoided,. the Plan shall include seasonal restrictiotrs for disturbance tivtthin 50 feet of any nest crud procedures for determining when nest impacts will be nrinimizeil o Vegetation rernovakinitial ground dislurbance shall be limited to the period when impacts to individual CBB that Wray be underground will be minimized(e.g., after nests have.become inactive). o Prior to vegetation rernovallinitial ground disturbance;small rnanuMal. burrows that may harbor ovenilintering CBB queens shall be excavated .6v hand! The Plan shall include timing .and excavation methods. In addition, the Plan shall include procedures,for handling and disposition of CBB if encountered during b urrow excavations.. o The Plan.shall include procedures for handling and disposition of individual CBB rf thi v are encountered in the work: limits or on construction equipment during construction activities. 35 1 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact SCH No.2022080337 Biological nnonitoring of initial ground disturbance during each phase of grading; gi Provision for compliance reporting to be provided to each agency as required in respective take authorizations; h) Compensation for habitat disturbance .acceptable to CDF Y (state listed species) anadlor USFWS.(federal listed species).tat a ratio of no less than 3:1 for permanent impacts and 1.I:1 for temporary impacts to listed species habitat. The only existing approved conservation bank far impacts to San Joaquin kit fox habitat in Kern County is the Kern Winter Batik Authority Conservation Barak Lands used to rraita'gate.fur San Joaquin kit fox must be contiguous with other potentially occupied.lands; provide suitable foraging and donning habitatfor San Joatquin kit fox, and be located 111 the:southern San .Joaquin Valley.portion of Kern Countv below 1,500'in elevation, i) Compensation land shall he funded for maintenance; protection, and management through establishmeint:ofa long-terni funding rnechanisnn such as an endowment. The endowment must be a non-wasting account that is acceptable to both CDFW and USFW,;. BIO MM 6. All biological monitors working on the Project site shall he required by their ctrntract to not the USFWS and CDFW of the discovery°gj`any protected species idelitifted on the site other.that nesting.birds, Crotch bunnblebee, San Joaquin kit fox and American badger which are.addressed vy BIO 1,BIO Mild-2,BIO AIM-3,BIO MM-4, anti BIO s1F M 5.Any take of protected wildlife shall be reported iinnzediately to USFYYS and C.'DFW BIO MIV17 The Project Applicant shall ensure that the Project's construction contractors adhere.to the following best management practices. Construction contractors shall be required by their contracts.to comply with these best practices and permit periodic inspection of the construction site bye City of Bakersfield sta f or its designee to conjirna compliance:A note that requires conrplicrrnce is required on tall grading and building plans approved by the City of Bakersfield. a) Trgfc restrainnts and signs shall be established to n dninni�e temporary disturbances during construction beyond the construction :rite boundrnries. All .construction traffic shall be restricted to designated access roads and routes, Project site, storage areas, and staging and parking areas, Off-road traffic outside designated Project boundaries shall be prohibited. .4 15 tnile=per-hour (24 kilometer-per-hour) speed limit shall be observed in all Project construction areas;except as otherwise posted on county roads and state and federal highwtrys. b) .411 ctianstructionn personnel hivolved in ground-dislurbinag construction activities shall attend a worker orientation progrann. The worker orientation program shall present nneasures required to alwid, minimize, and mitigate impacts to biological resources and shall include, at a minimmnn, the following subjects:A summary of the Federal Endangered Species Act(FES4), California Endangered Species Act WESA), and the rlligrai'my Bird Treaty Act (rMIBTA); biological survey results for the current construction area; life history irrforrnation for the 36 3 Veterans Affairs Community.Based.Outpatient Clinic Project Findings of Fact SCH No..202208037 i species of concern;biological resource avoidance,minini ation, and mitigation requirements; consequences jai• failure to successfully implement requirements; and procedures to be followed if dead or injured wildlife are:locaied.du ingProject activities. Upon completion of the orientatim, employees shall sign a form stating that they attended the pr ogr�anr and understand all biological.resource mitigation measures, Forms ver fi,ing.worker attendance shall be filed at the Project Applicant's office and.lie accessible to the City of Bakersfield, IISFWS and C'DFTF staff. Alo untrained personnel shall be allowed to work onsite with the exception of delivery trucks that are only onsee for 1 dm2 or less and are under the supervision of a trained employee. c) All equipment storage and parking during construction activities shall be confined to the designated construction area or to previously disturbed offsite areas that are not habitat fot. listed.species. d) All Project. construction activities involving. initial surface disturbance shall ocean during daylight hours. e) Trenches shall be inspected for entrapped wildlife each morning prior to the onset of construction. Before such holes or trenches are filled; they shall be thoroughly inspected for entrapped animals.Any ivildlife so discovered shall he allowed to escape voluntarily, withoza harassment, before consiruC602 activities resume. A professional biologist m6T retmove wildlife f torn a trench, hole or other entrapment out of harms way if the immediate ivelfare of the individual is in jeopar dv. State or federal listed.species mcry not be handled Should any state or federal listed species become entrapped CDFW and f]SFi'VS shall be contacted as appropriate. J) All food-related trash items such as wrappers, .cans, bottles and food scraps: generated by Project construction activities shall be disposed of in closed containers and removed at least dace each iveekfrorn the site. Deliberate feeding.of wild!fe shall be prohibited. gj To prevent harassment of special-stains species, constructions personnel shall not be allowed to have firearms or pets on the Project site. la) All equipment.and work mlated materials shall be contained in closed containers either in the work area or on. vehicles, Loose items (ee.g. rags, hose, etc.) shall ire stored within closed containers or enclosed in vehicles when on the work site.. i) All liquids shall be in closed, covered containers:Any spills of hazardous liquids shall not be left unattended until clean-up has been completed j) Use of rodenticides.and herbicides on the Project shall he prohibited unless approved by the USPES and the. CDFW. This is necessary to prevent.primary or secondaty poisoning of special-status species using adjacent habitats, and to avoid the depletion of prey upon which they depend rf rodent control►must.he conducted Zinc.phosphide shrill be used because of'its proven lower risk to SJKF. 37 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact 5CH No.2I122684337 k) 4niv employee who inadvertently kills or hyures a listed species, or who finds any Stich wildl fe dead it jured, or entrapped.on the Project site, shall be: required ter report the incident inunediately to a designated site r•epresenta ive(e.g.,foreman,project inanager;envii onmental inspector, etc.). l) In the case of entrapped wildlife that are listed species, escape lamps or structures shall be installed hnniediately; ifpossible, to allow the subject wildlife to escape unimpeded. in) In the case of injured special-status iildlife,.the CDFW shall be notified immediately. During business hours !'Monday through Fr•idav, the phone rr unber is. (559) 43-4017. For non- business hours, report to (809) 952-54D0. Notification.shall include the date, time, locations, and circumstances of the.incident. Instriictions provided by the CDFIIT far the care of the it tired animal shall be followed by the contractor.onsite. n) In the case of dead wildlife that are listed as threatened or endangered, the USFWS and the CDFW shall be inunediate4y (withrn .24 hours) notified by phone or in person, and shall document the initial notification in writing within?.,working.days of the findings o f arty such wildlife. Nolification.shall include the date, thee, location, and.circunistances of the incident. 0) Prior to conunenceinent of construction, work areas not adjacent to public streets shall he cleartl}marked with fencing. stakes with rope or cord, or other means of delineating-the work area boundaries. p) If arry.sitspecteil federalti; oi,:Siale protected plaint or animal:species. is found to be present during Project-related construction activities, occupied areas shall he avoided and the construction contractor shall be required by its contract to call a CDFJV approved biologist to the site to identift the species. If the species is protected, the qualijied biologist shall notifi, the IJSFWS and CDFW of'ariy previously unreported protecled.species.Any take ofprotected wildlife shall he reported hninediately to UV,WS and CDFW. With implementation of.810 MM-1, BIO MM-2,BIO MM-3, BIO MM-4, 1310.MM-5, BIO MM-6,and BIO:MM-7,the Project's.potential.impacts Crotch bumble bee,burrowing owl., SJKF,and American badger, and all other potential impacts on biological resources, would be reduced to less than significant, (DEI.R,p.4.3-17). 2.3.2 Cultural Resources A. Would the Project cause a substantial. adverse change in the significance of a historical resource pursuant to Section 35064.5?(Threshold "a") Finding:Less-than-Significant Impact with Mitigation Facts in Support of Finding: No historical resources were identified on the Project site with either the SS]_JI.0 records search or during the field survey.Therefore,because no historical resources exist on the surface of the Project site, implementation of the Project has no potential to result in.a 38 1 1 z i Veterans Affairs Community-Based Outpatient Clinic Project i~indings of Fact 5CH No.2022080337 substantial adverse.change in the significance of a known historical resource pursuant to.§ 15064.5. However, it is possible(although unlikely due to the disturbed nature of the site)historical resources may be present.beneath the site's subsurface, and may be unearthed by ground-disturbing activities associated with Project construction. If any historical resources are unearthed during Project construction that meet the definition of a significant historical.resource.pursuant to CEQ.A Guidelines Section I5064.5 and are disturbed/damaged by .Project construction activities, impacts to those ;resources would be.significant. (DEIR,P.4.4-7) To ensure that Project impacts to any significant archaeological resources that may be encountered during ground-disturbing activities associated with Project construction are mitigated to a.level of less thafr significant,the Following mitigation measures are required. CR MM-Y. Prior to construction and as needed-throughout the construction period involving ground-disturbing construction activities, a construction worker cultural envareness training progr arrr.shall be provided to all new construction workers wilhin one week of wnplayrrrent at the project site, The traitring shall be prepared and conducted by a qualified cultural resources specialist that tweets the US Secretary of the Interior's Professional Qualification Standards, Workers attending the training shall sign a form that shall be kept by the.Project Applicant and made available to the City of Bakersfield upon request. CR MM-2. If suspected Historical or archaeological resources are encountered during ground disturbance activities, the construction,contractor(s) shall he required by their contract to immediately cease work-within I t10 feet of the resources andhave the area partitioned off until a dual fed ciellural resource .specialist that weets the U.S. Secrelary of the Irrlerior's Professional Qualification .Standards can evakrale the resources found aird make ..recommendations. If the specialist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required If carlotral resources are. discovered that may have relevance to Native Americans, the specialist or Project Applicant must provide written notice to the City of Bakersfield Tejon Indian Tribe, Native American Heritage Commission, and any other appropriate individuals, agencies, andfor groups as determined by.the specialist.in consultation with the City of Bakersfield to receive input regarding treatmelu and disposition .of the resource; :which may inchrde avoidance, testing, an&or excavation to preventdeslruction.of the resource and/or to allow documentation cif'the resource for research potential. All r•epor ls, correspondence, and determinations regarding the discovery shall be.submitted to the Califorrritt Historical Resources Information ,Systern's Southern San Joaquin Valley Information Center at California State University Bakersfield. Implementation of.Mitigation.Measures (MMs) CR MM-1 and CR-MM-2 would ensure.the proper identification and subsequent treatment of any significant archaeological resources that may be encountered during ground-disturbing activities associated with Project construction. With implementation of the required mitigation,the Project's potential impacts to important archaeological resources would be reduced to less than significant:Cumulatively-considerable impacts would.likewise be reduced to less than significant, (DO R,p. 4.4-11) 39 1 Veterans Affairs Community-Based.Outpatient Clinic Project Findings of Fact SCH No.2022080337 B. Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.S?(Threshold "b") Finding: Less-than-Significant Impact with Mitigation Facts in Support of Finding: Based on the cultural records search and pedestrian survey of the Project site,no known archaeological resources are present on the Project site.Additionally,.no Native American tribes requested consultation regarding the Project. Because no archaeological resources are known to exist on the Project site,implementation of the proposed Project would not cause a substantial adverse change in the significance of an archaeological resource pursuantto.§ 15064.5.However, it-is possible (although unlikely due to the disturbed nature of the site) that previously undiscovered archaeological resources may be present beneath the site's subsurface,and may be impacted by ground- disturbing activities associated with Project construction. if any prehistoric cultural resources are unearthed during Project construction that meet the.definition of an archaeological resource pursuant to CEQA Guidelines Section 15064.5 and are disturbed/damaged by Project construction activities, impacts to those prehistoric cultural resources would be significant.(DEIR,p.4.4-8) C: Would the Project disturb any human remains, including those interred outside of formal cemeteries?(Threshold"c") Finding:Less-than-Significant Impact with Mitigation Facts in Support of Finding_The Project site does not contain a cemetery and no known formal. cemeteries are located within the immediate vicinity ofthe site.A field survey conducted on the Project site.did not identify the presence of any human remains and no Duman,remains are. known to exist beneath the surface of the site.Nevertheless, the remote potential exists that human rernains may be unearthed during grading and excavation activities associated with Project construction.(DEIR,p.4.4- 8) If Human remains are unearthed during Project construction,the construction contractor would be required by law to comply with.California Health and Safety Code Section 70505"Disturbance.of Human Remains." According to Section 7050.5(b) and (c), if human remains are discovered, the County Coroner must be contacted and if the coroner recognizes the:human remains to be those of a. Native American, or has reason to believe that they are those of a Native American, the Coroner is required to contact the Native.American Heritage.Commission(NAHQ by telephone within 24 hours. Pursuant to California Public ,Resources Code Section 5097.98, whenever the NAI-IC receives notification of a discovery of Native American.human remains from a county coroner;the NAHC is required to.immediately.rrotify those persons it believes to be most likely descended from the deceased Native American. The descendants.may, with the permission of the owner of the land; or his or her authorized representative,inspect the site of the discovery of the Native American human remains and may recommend to the owner or the person responsible for the excavation work means for treatment or disposition, with appropriate dignity, of the human.remains and any:associated grave goods. The descendants shall complete their inspection.and make recommendations or preferences for.treatment within 48 hours of being granted access to the site. According to Public .Resources Code Section 5097.94(k), the NAHC is authorized to mediate disputes arising between landowners and known 40 1 z I Veterans Affairs Community-Based outpatient Clinic Project Findings of Fact SCH fro.2022080337 descendants relating to the treatment and disposition of Native American human burials, skeletal remains, and items associated with Native American burials. Notwithstanding the requirements of California Health and Safety Code.§ 7050.5 and California Public Resources Code § 5097.98,due to the potential (although unlikely due to the disturbed nature of the site) to discover buried human remains during Project.construction activities (i.e., grading), a potentially significant impact would occur and mitigation would be required. (DEIR,pp.4.4-8.to 4.4-9) To ensure that the Project's potential impacts to buried human remains are mitigated to a level of less than significant,the following mitigation measure is required. CR MM 3. During construction, if hoinan retrtcuits are discovered,firrther ground disturbance shall be prohihited pursuant to California Health and Safery.Code Section 7050.5. The specific protocol,guidelines, and channels of communication outlined:by the.Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public Resources Code 5097.97, and.Senate Bill 447 shall be followed. In the event of lite discovery of hionan remains, at the direction o,f'the countycoroner, Health and Scrfeh,C"ode Section 7050.5(c)shall guide 1Vative American consultation; Unless othowise required by Imp, the site of arty reburial of Native American human remains or associated grai�e goods shall not be disclosed and shall not he governed Gv public disclosure requirements oJ'the Califon-nia Public Records Act. The coroner;pursuant to the specific exemption set forth in California Government Code Section 6254(r),parties, and.dead Agencies, will be asked to withhold public disclosure.hifornration related to such reburial,pursuant to the specific.exemplion.setforth in Califar7zia GoveInwerrt Code Section 6254(r). In the event'that human remains are discovered during construction activities, Mitigation Measure CR.MM=3 would require compliance with the applicable provisions of California health and Safety Code § 7050.5 and California Public Resources Code § 5097 et. seq. Mandatory compliance with Mitigation Measure CR MM-3, State law, and applicable regulatory requirements would reduce the Project's potential impacts to buried human remains to less-than-significant levels.. (DE1R,p. 4.4- 11) 2.3.3 Geology and Sails A. Would the Project directly or indirectly destroy a unique paleontological resource or.site or unique geologic feature?(Threshold`f") Find Less-than-Significant Impact with:Mitigation Facts in Support of Finding: The Project site does not contain any known unique geologic features.The.Project area has a very low potential for containing important fossil remains because the area is underlain by alluvial deposits that are too young to contain significant fossil remains.1-lowever, the passibility exists in the:area that older fossi I iferous alluvium may he present.six feet below the surface since the remains of Pleistocene(ice age)land animals have been collected from older.a]luvial deposits in Kern County. If excavations penetrate below six (6) feet; .there is a ``low to moderate potential"for the discovery of fossils.A"low to moderate.potential" indicates that grading operations may expose fossils during development. These activities could destroy any fossils present. The 41 Veterans Affairs Community-Based Outpatient Clinic Project .Findings of Fact SCH.HIo.2022080337 destruction of such fossils could adversely impact the region's.paleontological resources.Therefore,if any unique paieontological .resource or site or unique geologic feature are unearthed. during the Project's construction activities and are disturb.edldamaged by Project construction activities, impacts would be significant. (DEiR, p,4.6-11) To ensure that the Project's potential impacts to paleontological resources are mitigated to a level of less than significant, the following mitigation measures and regulatory requirements are required. GEGMM-1. Prior to construction and as needed throughout the construction period involi ing ground-disturbing construction activities, a Construction worker paleontological resource caYareness training program shall he provided td all nest}construction workers within one week of erirployment.at the project site, .if their work will hmolve grozrnd-disturbing construcliori activities greater than si.feet in.depth in older alluvium:soils, The training shall be prepared and conducted by a qualified professional paleontologist, Workers allending the training shall sign a forrtr that shall be kept by the Project tlpplicant and made M. ailable to the .City of Bakersfield upon request. GE,Q MM2. If paleontological resources are encvunlered,. all work within 100 feet of the resources.shall halt until a qualified paleontologist can he.called io the site to evaluate the resources and make recommendations. Paleontological resource materials rimy include fossils;plant:impressions, or animal tracks that have been preserved in rock. If the qualified paleontologist determines that the discoi,ery represents a potentially significant paleontological resource, additional investigations and fossil recovery may be required to mitigate ci&vrse impacts to less than significant cant levels. Consirzrclion within 100 feet of the resources found shall not resume until the.appropriate wiligation rireasures are implemented or the materials are determined it)be to be less than signdcant.by the paleontologist. GED MM--3. Recor?eyed specimens, if arzy shall he properly prepared 10 a point of identification and perntaitent preservation, including screen washing sediments to recover small invertebrates and vertebrates, ifnecessmy. Identilcalion and curation gfspeciinens into a professional, accredited public museum repository with a commitment to archival conservation and perinwient retrievable storages shrill he required for discoveries of sigrtdicance.as determined by the paleontologist. GED MM4: .4 final monitoring and mitigation report of findings and signdicance .shall he prepared, including lists of all fossils recovered, if ai v,.and necessary reaps and graphics to accurately r•ecorrl the:arigirial locaiibrr of the speeinreirs. The report.shrill be submitted to the C'ily.of Bakersfield prior to final building inspection. GEG RR-S.In compliance with City of Bakersfield Ifunicipal Code Chapter.15.05, C:alijvrnia Building Code, constriction oj'the Project is required to adhere to the.California Building Standards Code.and its requirement to prepare and adhere to rile-specific recommendations contained in ct geotechnical report prepared for the Project site.As such, compliance with the recommendations provided in the Projects geotechnical study prepared vy Isiazan & 42 Veterans Affairs Community-Based Outpatient Cilnic Project Findings of Fact 5CH No.2022080337 Associates; Inc. and dated mgy 6, 2010 (contained as Technical Appendix E to this EIR) is required. GEORR-6. To address wind erosion, the Project constructiorr:activities tire required to comply with theprovisions of Chapter 15 Section 104.12 of the Baker.,sfreld lwunicipal Code to ensure that dust abatement rrreasures comply with the current standar'dls.set far by the Scnz Joaquin Valley Air Pollution Control District(SJITAPCD). GEO RR-7. The Project Applicant is required,pursuant.to the Slate:ff,ater Resources Control Board, to obtain coverage under the States General Construction Storm Water Permit for construction activities (NPDES permit). C"ornpliance with the NPDES permit involves the preparalion and implementation ref a SWPPP.for construction-related activities, The SWPPP will sped the Best Management Practices (BMPs) that consiruclion contractor's will be required to implement during construction activities to ensure that waterborne pollution -- including erosion1sedimentation — is prevented minimized. andlor otheiivise apjwopriaiely treated prior=to surface runoff being discharged front the subject property. Examples ofBMPs drat may be. utilized during construction include, but are not limited to, sandbag barriers, geotextiles, storjn drain inlet protection, sediment traps, rip rap soil.stabilizers, and hydro- seeding. Mitigation Measures GEO MM-1, GEC) MM-2, GEO MM-.3, and GEE-M.M-4 would ensure the proper identification and subsequent treatment of any paleontological resources that may be encountered during gioun..d-disturbing activities associated with implementation of the proposed Project.Therefore,with.implementation of GEC):MM-I.,GE.O.MM-2,GEC]MM-3, and GEO-MM-4, the Project's potential direct and cumulatively considerable impacts to a unique paleontological resource or site or unique geologic feature would be reduced to less than signif cant.(DEIR,p.4.6-15) 2.3.4 Tribal.Cultural Resources A. Would the Project cause a substantial adverse change in'the significance of a tribal cultural resource, defined in Public Resources Cade section 2.1074 as either a site feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape,sacred place, or object with cultural value to a California Native American tribe, and that is(Threshold"a"): i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or H. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1 a 1n applying the criteria setforth in subdivision(c).of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Finding:.Less-than-Significant Impact with.Mitigation 43 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact SCH No.2022080337. Facts in Support of Finding:No prehistoric resource sites,features,places,or Iandscapes were identified on the Project site that are either listed or eligible for listing in the California Register of Historic Places. No resources were identified .on the Project site that meet any of the criteria to be eligible for the California Register and. no. prehistoric resource sites or isolates were found on the Project site based on the cultural records search and pedestrian survey of the Project site:Furthermore, no substantial evidence was presented to or found by the City of Bakersfield that Ied to the identification of any resources on the Project site that in the City's discretion had the potential to be considered a tribal cultural resource. (DEIR,.p..4.1.3-3) Because no. tribal cultural resources exist on the Project site under existing conditions, .implementation of the proposed Project would not impact such resources. However, it is possible (although unlikely due to the disturbed nature of the site)that previously undiscovered tribal cultural resources may be present beneath the site's subsurface, and may be impacted by ground-disturbing activities associated with Project construction. If. any tribal cultural resources are uiiearthed during Project construction that meet the definition of a significant tribal cultural resource and are disturbed/damaged by Project construction activities, 'impacts to those tribal cultural resources would be significant.(DEIR, p.4.1373) To ensure proper .identification. and subsequent treatment of any significant tribal cultural resources that may, be encountered .during ground-disturbing activities associated with Project. development,CR MM-1.through CR MM-3, previously noted herein,are required. Implementation of CR.MM-1 through CR-MM 3 would ensure the proper identification and subsequent treatment of any significant tribal cultural resources that may be encountered. during ground-disturbing.activities associated with Project development. With implementation of the required mitigation, the Project's potential impact to significant tribal cultural.resources would be reduced to less-than-signif.cant. (DEIR,p.4.1.3-4) 2.4 Impacts Identified in the El as being Significant and Unavoidable The City Council hereby finds that,despite the incorporation of mitigation measures outlined herein and in the EIR, the following impacts from.the proposed Project and related approvals cannot be.fully.rnitigated to a less than significant.level by.any feasible mitigation measures pursuant to.CEQA Guidelines 1509.1(a)(2)and (a)(3),Which are infeasible as a result of Specific economic, legal, social, technological, and other considerations, or are within the responsibility and jurisdiction of another public agency, including the federal government, and a Statement of Overriding Considerations is therefore included herein. For the reasons set forth.in the Statement of-Overriding Considerations,the City Council finds and declares, in its independent judgment, that the Project's.:significant benefits substantially outweigh and justify the following significant and unavoidable impacts: 2.4.1 Greenhouse.Gas Emissions R. Would the Project generate greenhouse gas emissions; either directly or indirectly, that may have a significant impact on the environment?(Threshold"a") Finding;_Significant and Unavoidable Cumulatively-Considerable Impact 44 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact. SCH No.2022080337 Facts in Support of Findin : The City of Bakersfield is using a highly conservative net-zero threshold for.this Project -meaning that any amount of GHG emissions from the Project is considered a significant impact..Bccause the Project would.result in a total gross increase of 945.85 MT CO2e annually, or when taking into account the VA's vacation:of its existing facility to move to.the new proposed facility on the Project site, an estimated net near increase of 83.15 MT CO2e annually, the Project's impact is.significant on a cumulatively-considerable basis.(DEI.R,pp.4.7-.1.8 to 4.7-19) The following mitigation measures and regulatory requirements are required to reduce the Project-related GHG emissions. GHG MM-4. Construction contractors shall assure that consh-action equiprnem greater than 150 horsepower achieves or is equivalent to or better than Environmental Protection Agency (EPA cal fornia.4irResources Board(CARE) Tier 4 emissions standards,` r Tier 3 standards if Tier 4 equipment is riot.available art the time of construction. Prior to grading and building permit issuance, the constr•rrclion contractor ts) shall submil an equipment list to.the Ch)y's Development.Services vices Director confirming that the equipment used is cornipliant,. GHG MM 2; Construction contractors shall assure that hand tools,forklfts, and pressure washers used for construction are electric:powered and shall designate an area of the construction site where electric ptvered eorrstrtrctiorr vehicles and equipment can charge: The City of Baker sfteld shall verify the location of the designated charging area w assoeiation with gr-ading and building permit issuance. GHG MM 3. Project construction contractors shall tune and maintain all construction equt pmenl in accordance with the equipment manufacturer's recommended maintenance schedule and specifications. Maintenance records,for all pieces.of equipment shall be kept on- site for the. duration of construction activities and shall be made available for periodic inspection by City o f Bakersfield or its designee. GHG MM--4. The building roof shall., upon the approval of a design modification by the Us. Department of Yeteranss Affairs (IAA), be outfitted with a solar photovoltaic system of the maxrimuni size feasible to provide:poiver to the building:and given the constraints of applicable Building Code requirements, clearance requirements around roof-mounted equipmenil PG&E interconnection regulations, and other code compliance requirements. Should the VA not approve a design modification to.add a rooftop PV kystern, the building may be constructed and operated without a P V system. GHG RR-4. The building shall he constructed in compliance Ivith Title 24 of the Uniform Building Code to winimize total consumption of energy: .The QV of Bakersfield shall confirm Title 24 compliance prior to the issuance of buildingperrtrits. Although the Project's GHG emissions wouId only be a very small fraction of the global GIKG emissions that contribute to climate change, the City is using an extremely consem ative .net-zero. threshold. While the foregoing measures all reduce the Project's GHG emissions to the maximum 45 veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact SCH No.2022080337 .extent feasible,unless the VA approves the rooftop solar imposed.by Mitigation Measure G14G-9,the Project would still not achieve net-zero emissions,. The City cannot force the VA to approve rooftop solar; and therefore the City must assume it will not be implemented for the purpose of disclosing, analyzing and mitigating impacts, Because the Project would result in a net increase in OFIG emissions as compared to existing conditions even with implementation of initigation measures, the Project's impacts due to GHG emissions would be significant and unavoidable on a cumulatively-considerable basis.{DETR,p.4.7-22) It bears noting.that the Project's GFIG.impacts would be considered less than significant under virtually any other numerical threshold relied on by many lead agencies throughout the state,as described in more detail in the FEIR's response to comments: 2.5 Significant Irreversible Environmental Changes Which Would Be Caused by the Proposed Prolect Should It Be Implemented The CEQA Guidelines.require EIRs.to.address.any significant irreversible environmental changes that would be involved in the proposed action should it be implemented (CEQA Guidelines Section 15126.2(c)): An environmental change would fall into this category if: a)the project would involve a. large commitment of non-renewable resources; b) the primary and. secondary impacts of the project would generally commit future:generations to similar uses; c) the project involves uses in which irreversible damage could result from any potential environmental accidents; or d) the proposed consumption of resources is not justified(e.g.,the project results in the wasteful use of energy). (DEIR, p. 5-1) Determining whether the proposed Project may result'in significant irreversible environmental changes requires a determination of whether key non-rerrewable.resources would be degraded or destroyed in such a way that there would be little possibility of restoring.them. Natural resources, in the form of construction materials and energy resources,would be used in the construction of the proposed.Project, but development of the.Project site as.proposed would have no measurable adverse effect on the availability of such resources; including resources that may be non-renewable (e,g., fossil fuels). Construction and operation of the proposed Project would not involve the use of large sums or sources of non-renewable energy and with respect to operation.,the Project would replace an existing clinic of similar size, essentially stepping into the shoes :of its existing impacts; including energy use. Additionally, the Project.is required by law to comply with the California Green Building Standards Code (CALGreen),. compliance with which reduces a building operation's energy volume that is produced by fossil fuels. The.Project would be subject to regulations to reduce the Project's reliance. on non-renewable energy sources. The Project also would be subject.to the Energy Independence and Security Act of 20071,which contains provisions designed to increase energy efficiency and availability of renewable energy.The Project also would be subject to California.Energy Code,or Title 24,which contains measures to reduce natural gas and electrical.demand, thus requiring less non-renewable energy.resources.Further,because the Project is contracted with the federal government,the following items are required to be implemented: Reduction in energy cost by '30%over baseline performance rating using.the following: a Energy efficient mechanical, electrical,and plumbing equipment. a Energy control strategies for HVAC,plumbing and lighting systems. o Low flow plumbing fixtures and shower heads. 46 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact sCH No.2022080337 o Natural gas is boilers over No.2 Oil where uninterrupted natural gas supply is available. The Project would avoid the inefficient, wasteful, and unnecessary consumption of energy during Project construction,operation,.and maintenance.With mandatory compliance to.the energy efficiency regulations as:well as implementation of Project design features and mitigation measures,the Project would not involve the use of large sums or sources of non-renewable energy. A more detailed discussion.ofPrcject energy consumption is provided in ;EIR Subsection.4.5, Energv. (DEIF,.pp. 5-1 to 5-2) Elk Subsection.4.8,Hazards and fl rzardous Mbter•ia1.s,provides an analysis of the proposed Praject's potential to transport or handle hazardous materials and biomedical waste which, if released into the environment, could result in irreversible damage. As concluded in the analysis, compliance with federal,State,and local regulations related to hazardous materials would.be required of all contractors working on the property. Similarly, compliance with federal, State, and local regulations related to hazardous materials and biomedical waste would be required of the U.S Department of Veterans Affairs(VA).as the operator of the proposed VA community-based outpatient medical clinic.As such, construction and long-term operation of the proposed Project would not have the potential to cause significant irreversible damage.to the environment, includinb.damage that:may result from upset or accident conditions. (DE1R, p. 5-2) 2.6 Growth-inducing Impacts of the Proposed project CEQA requires a discussion of the ways in which the proposed Project would be growth inducing. The CEQA Guidelines identify a project as growth inducing if it would foster economic or population growth or the construction of additional housing, either directly or indirectly, in the surrounding environment (CEQA Guidelines Section 15126.2(d)). New employees and new residential developments represent direct forms of growth. These direct forms of growth have a secondary effect of expanding the sire of local markets and inducing additional economic activity in the area. (DEIIt, p. 5-2) A project could indirectly induce growth at the local level by increasing the: demand for additional goods and services associated with an increase in population or.employment and thus reducing or removing the barriers to.growth. This typically occurs in suburban or rural environments .where population or employment growth results in increased demand far service and commodity markets responding to the new population of residents or employees. The Project's temporary construction- related employees would purchase goods and services in the region, but any secondary increase in employment associated with meeting these goods and services needs would be marginal; accommodated by existing goods and service providers, and highly unlikely to result in any new physical impacts.to the environment as the construction workers are likely to already be in the local employment pool and would. not be coming from out of the region. Operation of the proposed VA community-based outpatient medical clinic, which is already operating in the area at 1841 Westwind Drive,.also would not increase the need for secondary goods and services, because the VA would provide medical services in the same geographic market that it already serves.A change in location of the VA's services from 1801 Westwind Drive to the.Project.site.would.not.induce substantial new growth in the region. (DEIR,p. 5-3.) 47 Veterans Affairs Community-Based❑ut Oat!ent Clinic Project Findings of Fact SCH fro.2022080337 Under CEQA, growth inducement is not considered necessarily .detrimental, beneficial, or of significance to the environment,Typically,growth-inducing potential of a project would be considered significant if it fosters growth or a concentration of population in excess ofwhat is assumed in pertinent master plans, land use plans, or in projections made by regional planning agencies such as the Kern County Association of Governments (Kern COG). Significant growth impacts also could occur if a project provides infrastructure or service capacity to accommodate growth beyond the levels currently permitted by local or regional plans and policies.In general,growth induced by a project is considered a significant impact if it directly or indirectly affects the ability of agencies to provide needed public services,or if it can be.demonstrated that the potential growth significantly affects the environment in some other way. (DEIR,p. 5-3) According to the growth trends included in Kern. COGS RTP/SCS, Metropolitan Bakersfield's population is projected to grow by 6,643 residents between 2020 and 2046(approximately 1.0%annual growth).Over this same time period;employment in'Metrapolitan Bakersfield is expected to add 1,017 new jobs (approximately 0.5% annual job growth). Economic.growth .is not reasonably expected to take place as a result of the Project's operation because the VA.is already operating a medical clinic in the local area,and the-VA would move those services to the Project site.The move of a.medical service provider in the.same geographic market has no reasonable possibility of causing a substantial increase in population or economic growth.The purpose of the proposed VA community-based outpatient clinic is to serve existing U.S. military veterans living in the Bakersfield area. Accordingly, because it.is anticipated that..most .of the VA clinic's employees and patients would already be living in the Bakersfield area,the relocation of the VA.medical.clinic to a new location at the Project site would.not induce substantial growth in the area,(DEIR,p. 5-3) The area immediately surrounding the Project site contains a variety of uses;.including vacant parcels, and parcels developed with commercial, industrial,public facilities,and school uses. Development of the Project site.is not expected to place short-term development pressure on abutting.properties because these areas are already built-out or are planned for future development, which has no reasonable possibility of being accelerated by the introduction of a VA community-lased outpatient medical clinic on the Project site. Furthermore,.the proposed Project's improvements to the public infrastructure; including roads, drainage infrastructure, and other utility improvements are consistent with the City'.s General Plan and would not indirectly induce substantial and unplanned population growth in the local area. (DEIR, pp. 5-3 to 5-4) Based on the foregoing analysis, the Project would not result in substantial, adverse growth-inducing impacts..(DEIR,p. 5-4) 2.7 Proiect Alternatives The EIR analyzed three alternatives to the Project as proposed and evaluated these alternatives for their ability to avoid or reduce the Project's significant environmental.effects while also meeting the majority of the Project's objectives, 48 Veterans Affairs Community-13ased.[Outpatient Clinic Project Findings of Fact sCH No..2022080337 2.7.1 Alternatives Considered but not Carried Forward for Detailed Analysis .A. Alternative Sites CEQA does not require that an analysis of alternative sites be included in an EIR. However, if the surrounding GirCunistatices.make it reasonable to consider an alternative site,then an alternative sites analysis should be considered and analyzed in the EIR. In making the decision to include or exclude an analysis of an alternative site, the"key question and first step in analysis is whether any of the significant effects of the project-,vouid be avoided or substantially lessened.by putting the project in another.location.Only locations that would avoid or substantially lessen any of tite significant effects of the project need to be considered. for inclusion in the EIR" (CEQA Guidelines Section 15.126.6(f)(2)). The U.S. Department. of Veterans Affairs established the following geographic boundary as an acceptable area for establislimmit of a new clinic: • Bounded on the North(from west): East on Olive Drive,southeast on Roberts Lane,southeast on Manor Street and then northeast on Panorama Drive to Fairfax Road. • Bounded on the South.(from east): West on E. White Lane which becomes White Lane, to intersection with.Gosford.Road.. • Bounded on the West.(from south): Starting at the intersection of.Gosford .Road and White Lane,head north to where Gosford Road becomes Coffee Road,continue north to dive Drive. • Bounded on the East(from north): South on Fairfax Road to E. Brundage Lane, west on E. Brundage Lane and then south on Cottonwood Road to.E. White.Lane.(DEIR,p. 6-3) On December 9,2019,.the VA issued a Solicitation for Offers for"up to a.20.-year.lease for 30,100 Net Usable Square Feet of space for use by VA for personnel, furnishings, and equipment to be operated as a Community Based Outpatient Clinic" in the geographic area described above. The VA received four proposals,for the following three locations: • Renovation of the existing VA clinic at 1801 Westwind Drive(two proposals). • A new clinic proposed by the existing landlord of the VA Clinic.at 1901 Westwind Drive [referred to as PBV, or Progress for Bakersfield Veterans, LLC);.at an undisclosed location • The Project site evaluated in this EIR. (DEIR,p.6-4) The VA evaluated the four proposals and selected. the Project site. P13V protested the VA's determination in several iterations administratively,and in the United States Court of Federal Claims, Case No. 20-105.00. All appeals and challenges Nvere denied, as detailed in the January 7, 2021 decision by the Court of Federal Claims.(DEI.R,pp.6-4 to 6-5)Since that time additional protests have been fled by PBV. Can May 6, 2021, PBV protested the U.S. Government Accountability Office (GAO)challenging VA's award of the lease to.the.Project Applicant(SASO), and on May 24, 2021, PBV filed a supplemental protest with GAO. Both of these protests were:dismissed and denied by GAO on August 11,2021.On November 8,2021, PBV effectively appealed GAO's August 11, 2021 decision.by filing a protest with the U.S.Court of Federal Claims(CO.FC)challenging VA's award to 49 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact SCH No.2622080337 the Project:Applicant (SASD). PBV also challenged.VA's elimination :of PBV's offers from the competition even though the COFC had already considered and rejected those arguments in its December 22,2020 decision that.denied and dismissed PBV's August 20, 2020 protest. The COFC dismissed and denied PBV's Novernber 8,2021 protest on March 11, 2022. On May 10,2022, P.BV filed a notice of appeal with the Federal Circuit challenging one aspect of the COFC's March.l L 2022 ruling. On May 4,2423,Three days after holding oral arguments,the CederaI Circuit summarily denied PBV's appeal and affirmed the COFC's Match 11,2022 decision. It is beyond.the jurisdictional scope and authority of the City of Bakersfield as the CEQA lead agency to evaluate other sites that have not been offered to.or selected by the VA, particularly those that have been rejected after a long and thorough federal administrative and legal process,specifically including remodeling and rebuilding a:clinic on the existing site.at 1801 Westwind.Drive. As such,no alternative sites are feasible because the VA has.already selected the Praject site for the Project;and an alternative sites analysis is thus not required in this EIR.(DEIR,p.6-5) Furthermore, even completing setting aside the federal bid selection process, no significant effects of the Project would be avoided or substantially lessened by putting the Project in another location. None of the Project'.s.impacts.—and .in particular,.its sole significant impact, G14G emissions.—are due to where.the Project is located, or would be reduced in a difTerent location. Instead, the saine Project located anywhere in the City would have identical GHG impacts to the proposed Project on the Project Site. Thus, on this independent basis, further consideration of an.alternative site was not warranted, (See, CEQA Guidelines Section 15126.6(f)(2)("Only locations that would avoid or substantially lessen any of the significant effects of the project need to be considered for inclusion in the EIR"]).. 2.7.2 Alternatives Selected for Analysis in the EIR A: No.Project Alternative The No Project Alternative considers a scenario in. which the proposed Project does not proceed. In:this circumstance,the VA clinic would continue to operate in its existing location at ISO Westwind Drive and the Project site would remain undeveloped. (DEIR,p..6-6). Implementation of the No. Project Alternative would result in no physical environmental impacts to the Project site beyond those that have historically occurred on the Project site and that will. continue to occur into the future from routine activities. Almost all effects of the proposed Project would be avoided or lessened.by selection of the No.Project Alternative, with the exception of long- term erosion :and sedimentation impacts, which would be increased under this alternative. The. foregoing does not take into account:the tact that.under the Na Project Alternative, the existing VA clinic.at 1801 Westwind Drive would continue to operate indefinitely,and as a result,while avoiding. construction period and Project site-specific :impacts, the No Project Alternative would have substantially similar operational impacts to the proposed Project.The No"Project Alternative,however, would fail to meet any of the Project's objectives. Specifically, the No Project Alternative would not result in the establishment of a new VA community-based outpatient clinic, provide high quality patient care for.veterans,enable veterans to receive healthcare at ail easily accessible facility, provide a diverse range.of consolidated outpatient services, or provide community vitality, economic growth and employment opportunities in Bakersfield. The.VA itself has already determined that the existing .50 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact sCH No.2422080337 facility at 1801 Westwind. Drive is inadequate; it is outdated and does not provide the full suite of services needed by the City's veterans, who are instead currently forced to travel outside the Bakersfield area to obtain these services. Many local veterans testified that the existing facility is inadequate and substandard during the City's 2.021 hearings on the Project, confirmed they drive over 100 miles to Los Angeles for needed services, and others have.submitted written comments and even articles in media stating.the same. As.mentioned above,the VA.has also already specifically rejected a proposal to remodel.the existing clinic or otherwise keep the existing clinic.at the existing.location. (DEIR,p.6-11) B. Net Zero Alternative The Net.Zero Alternative considers the development of a VA clinic on the Project site with a design that would achieve net zero greenhouse gas emissions. To achieve this result, a smaller sized clinic.than proposed by the Project.and required by the U.S.Department of Veterans Affairs would be required,which does not meet the requirements of.the request for proposals issued by the VA. The Net Zero Alternative would reduce the.size of the clinic by 3,648 sI and construct a 36,000 s.f. clinic (approximately 9% smaller than the proposed Project at 39,648 s.f..), which would have a net usable square footage well below 30,100 s:f. The. number:of parking spaces.also would be concomitantly reduced by approximately.9%.Areas riot developed with the buildingot parking would be landscaped. Under this alternative,the exiting.clinic would no longer operate and the 36,000 sX. new clinic built on the Project site would operate in place:of the existing VA clinic and would achieve net zero greenhouse gas emissions.(DER p. 6-11) The Net Zero Alternative would reduce the Project's significant and unavoidable cumulatively- considerable GHG impacts to a less than significant level: The Net Zero .Alternative would also moderately reduce the Project's already less than significant impacts to air quality, energy,:and noise. All other impacts from the Net Zero Alternative would be similar to the Project.(DEIR,p. 6-15) The Net Zero.Alternative would.not meet Project Objective B because it.does mot.meet the VA's physical design requirements and would not meet Project Objective G due to riot utilizing al the available space on the Project site to construct a larger building.which would.achieve operational efficiency and create optimal space for increased.patient and staff satisfaction. Additionally, the.Net Zero Alternative would not offer the full suite of services needed by veterans in the Bakersfield area. The Net Zero Alternative would generally meet all of the Projcct's other objectives,but to a less extent. The. feasibility of selecting this Alternative is outside of the jurisdictional authority of the City of Bakersfield because the physical characteristics of a feasible Project are .determined by the U.S. Department of Veterans Affairs(the VA). Modifications to the Project by the City of Bakersfield are not possible because the Project applicant is limited to the design improvements approved by the federal government as part of the already concluded federal procurement process. As a result,the City has no jurisdiction. or ability to select this Alternative because it would conflict With the .Project approved by the VA 1 federal government.Further,approval of the smaller Net Zero Alternative would likely result in some veterans traveling.out of town, including to VA facilities.in Los Angeles, to. receive timely services, which would then. increase air quality:, GHG and transportation impacts, thereby negating the impact reductions associated with constructing and operating.a smaller facility. (DEIR,p. 645)The Net Zero alternative ia rejected for this second reason on.an independent basis,in 51 Veterans Affairs Community-Based Outpatient Clinic Project Findings of Fact SCH No.2022080337 addition to the lack of feasibility of reducing the size of.,and services offered by, the Project contrary to the bid specifications issued by the.VA. Each ofthese reasons,.standing.alone,are sufficient grounds for rejecting this Alternative. C Renewable Energy System project Design Alternative The Renewable Energy System Project Design Alternative considers the development of a VA Clinic on the Project site with the same site design as.proposed with the Project, but with the addition of a solar system on the building roof;the addition of canopy covers over parking areas equipped with solar panels, and the addition of on-site battery storage such that site.operations could be powered without connecting to the electrical grid. Under.this.Alternative,the exiting VA clinic located at 180.1 Westwind Drive would no longer operate and the Alternative would achieve .a net reduction in greenhouse gas emissions compared to the existing condition. The total amount of energy needed to offset the Project is approximately 371., .71 kWh/year, The building itself is expected to need.341.,21 kWh/year,and the remaining 29,960 kWh/year is for the parking lot operations.These values are based on the mitigated electricity needs, which assumes a 10% improvement over Title 24 requirements. Assuming that ] kW of rooftop solar in Bakersfield can generate about 1,.650 kWhlyear,solar panels capable of producing a total of 225 kW(207.kW for the building and 18 kW for the parking lot)would be required: Assuming that approximately 100 square feet(sq.ft.) of surface area are needed to hold I kW of rooftop solar, 22,50Q sq. ft. of solar panel coverage would ire.required on the site, (DEIR, p. 6-16) The Renewable Energy Systern Project Design Alternative would reduce the. Project's significant and unavoidable cumulatively-considerable G14G impacts to a less.than significant level. The Renewable Energy System. Project Design Alternative would also incrementally reduce the Project"s already less than significant impacts to.air quality and energy. Potential hazardous materials impacts would increase due to the introduction of on-site battery storage, but the potential impacts would be less.than significant with mandatory regulatory compliance. All other impacts from the Net Zero Alternative would be similar to the Project. (DEIR, p. 6-20.) The.Renewable Energy System Project Design Alternative would meet the Project.Objectives except for Objective B because R does hot.nieet"the VA's physical design requirements, and therefore could be rejected by the VA (which would have to fund any increased costs resulting from the Renewable Energy System Project Design Alternative, which could be significant). The feasibility of selecting this Alternative is outside of the jurisdictional authority of the City of Bakersfield because the physical characteristics of a feasible Project are.determined by the VA. Modifications to the.Project by the City of Bakersfield are not possible because the Project applicant is limited to the design improvements. approved .by the federal government as part of the already concluded federal procurement process. As a result, the City has no.jurisdiction or ability to select this Alternative because it would conflict with the Project approved:by the VA 1 federal government. (DEIR,p. 6-20) However, it bears noting that GHG MM-t essentially requires Renewable Energy System Project Design Alternative.,if approved by the VA. 52 Veterans Affairs Community-Based outpatient.Ciinle Project Findings of Fact 5CH No.2022-GE0337 2.7.3 Environmentally Superior Alternative CEQA Guidelines § 15126.6 requires. the identification of the environmentally superior alternative. As discussed in the DEIR, implementation of the No Project AIternative would result in na physical environmental impacts beyond those that have historically occurred on the property, and those that occur from the operation ofthe.existing VA clinic at 1S1 Westwind Di ive..Because the No Project Alternative would avoid most of the Project's impacts, it warrants consideration as the °Lenvironmentally.superior.alternative."However, pursuant to CEQA Guidelines § 15126,6(e)(2),.if a no project alternative is identified as the environmentally superior alternative,then the EIR shall also identify an environmentally superior,alternative among the other alternatives. Accordingly, the Net Zero Alternative evaluated herein is identified as the Environmentally Superior Alternative pursuant to CEQA Guidelines § 151.26.6, If the Net Zero Alternative is determined not feasible, then the Renewable Energy System Project Design Alternative would became the Environmentally Superior Alternative. (D.EIR,pp. 6-20 to.6-21) 3.0 Statement of❑verriding Considerations The Planning Commission hereby declares that it has balanced the benefits of the Project. against.any sign ificant.and unavoidable enviroiurientaI irnpacts in deterinininb whether to approve the Project. Pursuant to the CEQA Guidelines Section 1:5093, if the benefits of the Project outweigh its unavoidable adverse environmental impacts,those impacts.may be considered"acceptable." Having reduced the adverse significant environmental effects of the Project to the extent feasible by adopting the Mitigation Measures contained in the EIR,.the Mitigation Monitoring.and Reporting Program (M.MRP), and herein..having considered the entire administrative record on the Project; and having weighed the benefits of the Project against its unavoidable adverse impacts after implementation of all feasible mitigation, the PIanning Commission has determined that.each-of the following social, economic and environmental benefits of the Project separately and individually outweigh the potential unavoidable adverse impact and render those potential adverse environmental impacts acceptable based upon the following overriding.considerationk A. The.Project provides a much needed new VA community-based outpatient medical clinic in Bakersfield on.a site that has been vetted by and selected by the U.S.Govei• ment,which .is highly desired by local veterans. B. The Project provides a new VA community-based outpatient medical clinic that ineets the VA's physical design requirements. C. The Project.provides high quality patient care for local veterans in a safe; advanced-care medical facility throughout the Bakersfield area and surrounding communities. D. The Project enables veterans to receive health care .at a medical facility that is easily accessible and nearby a State highway system to reduce out of area health trips. 53 Veterans Affairs Community-Based Qutpatlent.Clinic Project Findings of Fact: SCH No.2022080337 E. The Project provides a VA medical clinic that is capable of providing a diverse range of consolidated outpatient services, such as audiology,mental health,.telehealth,ambulatory care, an eye clinic, physical and occupational therapy, prosthetics, dental services, a.lab and pharmacy, and ancillary and diagnostic services, which.are not all currently available in the City at the existing location, avoiding the need for veterans to travel out of the Bakersfield area for these services. F. The Project creates a comprehensively planned, advanced-care VA medical clinic that provides community vitality,economic growth,and employment opportunities in the City of Bakersfield. G. Upon build-out, the Project provides a VA medical clinic ►vith maximum. operational efficiency to optimize.healthcare outcomes for veterans and create a space for increased patient and staff satisfaction. H. The Project enables veterans to receive a full range of services not currently available in the City,eliminating the need for Iong-distance driving to Los Angeles for certain services. 1. The Project creates valuable short term construction and long term employment opportunities for residents of the City. J. The Project implements the C.ity's General Plan by developing an underutilized.site drat is Adjacent to urban infrastructure, with a use consistent with the City' General Plan and zoning code. K. The.Project implements Federal and State policy by providing needed health care to a vulnerable community of veterans. The Planning Commission hereby declares that the foregoing benefits provided to the public. through the approval and implementation of the Project ounveigh the identified-significant adverse environmental impact of the Project that cannot be. mitigated to a less.than significant level.. The. Planning Commission finds that each of the.Projects benefits separately and individually outweigh all of the unavoidable adverse environmental effects identified in the E1R and therefore finds those impacts to be acceptable. 4.0 Additional Facts on. Record 4.1 Adoption of a Monitoring Plan for Mitigation Measures Pursuant to Section?1081..5 of the .Public Resources Code. the City of Bakersfield hereby adapts the Mitigation.Monitoring and Reporting Program ("MMRP").The City finds that the MMRP is designed to:ensure compliance with the changes(i.e.,mitigation reasures) imposed on the Project to mitigate.or avoid effects on the environment.during Project implementation. The M.MItP is on file with the City of Bakersfield Development Services Department, 1715 Chester Avenue, 21IJ Floor, Bakersfield, CA 93301. 54. Veterans Affairs Community.-Rased Outpatient Clinic Project Findings at Fact 5CH No.1022080337 .4.2 Custodian of Record The documents and materials that constitute the retard of proceedings on which these findings have been based are located at the City o.fBakersfield Development Services Department, 1715 Chester Avenue,2"Floor Bakersfield,CA 93301.The custodian forthese records is Louis Ramirez,Associate Planner.11,This information is.provided in compliance.with Public Resources Cade Section 2.1.081.6.. 55 Exhibit C Location Mali SITE PLAN REVIEW No. 21 -0399 (SC H #2022080337) O a w _ LLI J �y LL P LL W Y a a ` m 0 i oil 1� tiii!"..: � � �' •� r -�• Q s — ao nnal,s xis w A VA.Ninr ilrf, "��'�LE�!'s'�'� � w.�14-�i �' '•F 4 �_L r, '��• saw / ! • '� ,� ", , .� ter: • 00 ' Ire V�r "� * fi as o}anar WI WI i �..• �` � s - ��— � 'fir•yy_�� + fn a Ib ��:H3S0lINHf��C �': 8�,N3S011H11 �. ���p,�'��3�; - r 1 �� a. 331 r� 12�01]I<<� "- �+ W■El II�1 �.a� ,� ► L e r� #�1M+rr V - ram. di LL n:uur p �} r "iv_'!1 ems[* Ik if F2 !7y► Ira +� a ° r Ira e' r+ etc' rlMl°..�J,?'r �lit r-Wi� IV,"Gi�a1 O lVHd44 +�; iT. _r� 3r1 H a L � LLx y — � 15•Hri �', it � aY t" ti: �` - - � i�" ! 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