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Home My WebLink AboutRES NO 181-2023RESOLUTION NO. 18 1- 2 0 2 3 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO DENY THE APPEAL AND UPHOLD THE DECISION OF THE PLANNING COMMISSION TO CERTIFY AN ENVIRONMENTAL IMPACT REPORT FOR A COMMUNITY BASED OUTPATIENT CLINIC IN AN M-2 (GENERAL MANUFACTURING) ZONE, LOCATED AT 5512 KNUDSEN DRIVE (SPR NO. 21-0399) WHEREAS, SASD Development Group (LLC) requested Site Plan Review approval of an approximately 39,650 square foot community based outpatient clinic in the M-2 (General Manufacturing) zone district, located at 5512 Knudsen Drive (the "Project"); and WHEREAS, an initial study was 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 and certified by the Planning Commission on September 7, 2023; and WHEREAS, Channel Law Group, LLP on behalf of Progress for Bakersfield Veterans, LLC filed an appeal with the City Clerk on September 15, 2023, of the Planning Commission's decision to certify the Environmental Impact Report; and WHEREAS, the Clerk of the City Council set Wednesday, November 8, 2023, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the appeal and the project was continued to November 29, 2023 as requested by the applicant; and WHEREAS, the Clerk of the City Council set Wednesday, November 29, 2023, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the appeal; and WHEREAS, the City of Bakersfield Development Services Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other material upon which the environmental determination is based; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report and the Planning Commission's deliberation and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: Page 1 of 3 OORIGINAL6 1. The above recitals, incorporated herein, are true and correct. 2. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area, posted on the City's website, and published in the Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing. 3. The City Council has considered and concurs with the findings made by the Planning Commission set for in Resolution No. 71-23, approved on September 7, 2023. 4. The appeal is denied and the Environmental Impact Report for Site Plan Review No. 21-0399 is hereby certified. 5. The Project is subject to mitigation, monitoring and reporting program found in Exhibit A for the Project which is incorporated herein. 6. California Environmental Quality Act Section 15091 "Statement of Facts, Findings, and Mitigation Measures" and Section 15093 "Statement of Overriding Considerations", attached as Exhibit B, are appropriate and incorporated into the Project. �-D Page 2 of 3 ��$NKF)�, y �n v 00RIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a reo l 9 �oe23 ting held on the 29th day of November 2023, by the following vote: �Y NOES: ABSTAIN ABSENT: COUNCILMEMBER: ARIAS COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: ✓ ✓ ✓ ✓ GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR JU IE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: NOV 2 9 2023 By I AR N GOH Mayor VIRGINIA GENNARO, City Attorney By: VIRIDIANA GALLARDO-KING Deputy City Attorney Exhibit: A Mitigation, Monitoring and Reporting Program B Section 15091 "Statement of Facts, Findings, and Mitigation Measures" and Section 15093 "Statement of Overriding Considerations" C Location Map Page 3 of 3 Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) Mitigation, Monitoring and Reporting Program MITIGATION MEASURES (MINI) THRESHOLD DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) 4.1 Aesthetics Summary of Impacts Threshold a: The Project site does not No mitigation is required. Less -than -Significant comprise all or part of a scenic vista and Impact does not contain any visually prominent The City of Bakersfield is required to assure that scenic features. No unique views to scenic implementing development complies with the vistas are visible from the property. The assumptions relied upon herein and applicable Project would not substantially change a regulatory requirements pertaining to the topic of scenic view or substantially block or Aesthetics, which include the following: obscure a scenic vista; therefore, impacts to ,conic vistas would be less than significant. AES DF-L Prior to the approval of building City of Bakersfield City of Bakersfield Prior to approval of permits and other permits and approvals that building permits. authorize construction, the City of Bakersfield shall review the construction documents and plans to assure the following: a. All lighting fixtures shall comply with applicable City of Bakersfield Municipal 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 minimum shade cover. "Threshold b: The Project site is not located No mitigation is required. N/A N/A N/A No Impact within the viewshed of a scenic highway and, therefore, the Project site does not contain any scenic resources visible from a scenic highway. Threshold c: The Project site is located No mitigation is required. N/A N/A N/A Less -than -Significant within an urbanized area and would not Impact conflict with applicable zoning and other regulations governing scenic quality during construction or operation. CST Lead Agency, City of Bakersfield SCH No. 2022080337 G z r Page 1 r0�3�jr Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE, (RR) Threshold d_ Project-relateddevclol)ment No mitigation is required N/A N/A N/A Less -than -Significant would not create substantial light or glare Impact Compliance with Bakersfield Municipal Code requirements for lighting would ensure less than significant impacts associated with light and glare affecting day or nighttime views in the area from on -site lighting elements. 4.2 Air Quality Summary of Impacts threshold a: Project emissions would not The City of Bakersfield is required to assure that Less -than -Significant exceed SJVAPCD thresholds for criteria implementing development complies with the Impact pollutants, and as such the Project would be assumptions relied upon herein and applicable consistent with the AQMP. regulatory requirements pertaining to the topic of Air Quality, which include the following: AIR RR-1: In compliance with SJVAPCD Rule City of Bakersfield City of Bakersfield Prior to construction_ 9510 (Indirect Source Review (ISR)), the Project Applicant or its successor in interest shall submit an Air Impact Assessment (AIA) application to the SJVAPCD, which will identify emission reduction measures for emissions of NOx and PM10. The performance measures listed below can be met through any combination of on -site emission reduction measures or off -site fees. a. Related to construction -related emissions, the exhaust emissions for construction equipment greater than fifty (50) horsepower used or associated with the project shall be reduced by the following amounts from the statewide average as estimated by the ARB: 20% of the total NOx emissions, and 45% of the total PM10 exhausts emissions. Construction emissions can be reduced by using less polluting construction equipment, which can be achieved by utilizing addon controls, cleaner fuels, or newer lower emitting equipment. oclTVL��d Agency: City of Bakersfield X) 1�5) G x z Page 2 SCH No, 2022080337 Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) h IW,itrd to operational emissions, NOx emissions shall be reduced by 33.3% of the project's operational baseline NOx emissions over a period of ten years as quantified in the approved AIA. PMto emissions shall be reduced by 50% of the project's operational baseline PMto emissions over a period of ten years as quantified in the approved AIA. AIR RR-2: The Project is required to be constructed and operated in compliance with all applicable SJVAPCD Rules, including but not limited to the following: a. SJVAPCD Rule 4601, Architectural Coatings, which limits VOC emissions from architectural coatings. b. SVAPCD Rule 4102, Nuisance, which prohibits the discharge of air contaminants and other materials which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such person or the public or which cause or have a natural tendency to cause injury or damage to business or property. C. SJVAPCD Rule 4641, Cutback, Slow Cure and Emulsified Asphalt, Paving and Maintenance Operations, which limits VOC emissions by restricting the application and manufacturing of certain types of asphalt for paving and maintenance operations. Threshold b: Project emissions would not No mitigation is required. N/A N/A N/A Less -than -Significant exceed any of the SJVAPCD significance Impact thresholds. Threshold c: The Project would not result No mitigation is required. N/A N/A N/A Less -than -Significant Impact in air quality emissions that would result in carcinogenic risk or non -cancer risk exceeding the identified thresholds of 0,1TYq/.--ad Agency; City of Bakersfield SCH No. 2022080337 5 � Page 3 z ,-1 � 13�� Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) sieniticance of one in 20 million and 1 0 respectively. and Protect cancer and non - cancer risks would therefore be less than significant. The Project also would result in less than significant impacts due to visibility to nearby areas. Threshold d: The Project is not considered No mitigation is required. N/A N/A N/A Less -than -Significant a source of objectionable odors or odorous Impact compounds 4.3 Biological Resources Summary of Impacts threshold a: The Project contains suitable BIO MM-1: Surveys following the methods Professional Biologist City of Bakersfield or 30 days prior to ground Less -than -Significant habitat for Crotch bumble bee, burrowing contained in Stag" Report on Burrowing Owl retained by Project its designee disturbance Impact with Mitigation owl, San Joaquin Kit Fox (SJKF), and Mitigation (CDFW 2012) ("Staff Report") shall be Applicant Incorporated American badger. In the event that any of conducted in the season prior to project construction. these species are present on the Project site A report of the results shall be submitted to the City at the time Project construction activities of Bakersfield and CDFW following the completion commence, implementation of the Project of surveys timed to be consistent with the methods in would have the potential to significantly the Staff Report. Should burrowing owls be detected impact the species. The Project also has the occupying the Project Site, CDFW shall be contacted potential to impact nesting migratory birds regarding the following preconstruction procedures protected by the Migratory Bird Treaty Act to ensure avoidance of individual owls that may be (MBTA) and the CDFW. present on the Project. Surveys to detect burrowing owls shall be conducted by a professional biologist in consultation with CDFW 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 required per BIO MM-2, BIO MM- 3 and BIO MM-4. Occupied burrows shall not be disturbed during the nesting season (February 1 through September 15) unless a professional biologist verifies 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 observed using burrows during the surveys, owls shall be excluded from all active burrows through the :Read Agency: City of Bakersfield SCH No, 2022080337 LJ ' Page 4 Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE use of exclusion devices placed in occupied IILICFO\bS in accordance with CDFW protocols, Staff Report on Burrowing Owl Mitigation, shall be implemented. In such case, exclusion 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-way doors, shall be installed in the entrance of all active burrows. The devices shall be left in the burrows for at least 48 hours to ensure that all owls have been excluded from the burrows. Each of the burrows shall then 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-2: If vegetation clearing or initial ground- Professional Biologist City of Bakersfield or Prior to ground disturbance disturbing construction activity occurs during the retained by Project its designee if such disturbance will migratory bird nesting season (February I to Applicant occur between February 1 September 15) a professional avian biologist shall and August 31 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 the Project Site, until juveniles have fledged or the nest has been abandoned, as determined by the biologist. The Project Site 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 and avoidance of the Project Site until active nesting is no longer present. Specific to Swainson's hawk, if the Project's vegetation clearing or initial ground -disturbance construction activity will commence during the migratory bird nesting season, the pre -construction nesting bird survey shall follow survey methodology developed by the species' SWHA Technical Advisory Committee (SWHA TAC 2000). If Swainson's hawk is nesting within one-half mile of the Project CITY ad Agency: City of Bakersfield SCH No. 2022080337 z ,� Page 5 T. a-I;,i Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE sits, construction activities shall not commence unless an ITP is obtained from the CDFW or until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. BIO MM-3: Prior to vegetation clearing or initial Professional Biologist City of Bakersfield or Prior to ground disturbing ground -disturbing construction activities, a retained by Project its designee activities professional biologist shall implement the survey Applicant procedure recommended by CDFW (2023) in Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species (Bumble Survey Considerations) on the Project Site and undeveloped areas immediately adjacent to the Project Site as they pertain to Crotch's bumble bee (CBB). At least 3 (three) visual surveys shall be conducted by a professional biologist between April 1 and May 30 to detect CBB on or within 100 feet of the work limits prior to vegetation removal/initial 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 to determine presence/absence of CBB within one year of vegetation removal/initial ground disturbance. CBB individuals shall only be handled for identification if appropriate authorizations are issued. Surveys shall be conducted under suitable conditions for observation of bumble bees. If no agency protocols have been issued at the time of the surveys, the following survey parameters will be applied: the professional biologist will walk slow (<2 mph) meandering transects covering all portions suitable habitat within and immediately adjacent to the work limits containing suitable habitat; surveys will be conducted no earlier than 2 hours after sunrise and 3 hours before sunset (ideally between 9:00 am and 1:00 pm), on mostly sunny days with temperature 0,iTY q-ead Agency; City of Bakersfield SCH No. 2022080337 G) Page 6 Z n, > CV r-Q_I3,�� Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE bethceen 65' and 90°1=; surveys kill not bC Conducted on cloudy days (>90% cloud cover) or under wet or windy conditions (>_8 mph). Surveyors will search for bumble bees in flight and potential nest sites. All potential CBB nests found in small mammal burrows, under thatched grasses, brush piles or other suitable ground locations shall be further examined based on observations of entering or exiting CBB. Observations of potential CBB nest sites shall be conducted for no less than 15 minutes per location where CBB are possibly entering/exiting, or a longer period as determined by the professional biologist. The Project Site shall be surveyed for at least one person -hour per three acres on each visit based on a total of 13.5 acres of suitable habitat including 100- foot buffer, consistent with the Bumble Bee Survey Considerations. Detections of any bumble bees shall be documented by either clearly identifiable photographs showing all elements required for species identification of representative specimens observed or through non -lethal netting, chilling and photographing of bumble bees with proper CDFW- issued CESA Section 2081 Memorandum of Understanding or ITP (if CBB or other candidate bumble bee species are suspected). A report documenting survey methods and results shall be submitted to the City of Bakersfield and CDFW within 14 days of completion of the surveys and prior to commencement of ground disturbing activities. If no CBB or their nests are detected, no further measures will be necessary provided that vegetation removal/initial ground disturbance occurs prior to March 1 of the year following the negative survey. If vegetation/initial ground disturbance does not occur before March 1 of the year following the negative survey, the survey shall be repeated following the above procedure. If CBB is found to be present, BIO MM-5 shall apply. CIT V ()'I-� <tead Agency, City of Bakersfield SCH No, 2022080337 Page 7 C'V i-C7_1313, Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE BIO MM4: No more than 30 days prior to Professional Biologist City of Bakersfield or 30 days prior to ground vegetation clearing or initial ground -disturbing retained by Project its designee disturbance construction activities, pre -construction surveys for Applicant San Joaquin kit fox and American badger shall be conducted by a professional biologist. The purpose of the preconstruction survey is to provide current biological information in order to implement all avoidance and minimization measures that are required based on any previous observations of special -status species and to update observations shall any new site occupation by special -status species occur. If any known San Joaquin kit fox dens are detected, implementation of the most recent USFWS protocols (Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011)) is required per BIO MM-5 unless protocols are issued by either CDFW or USFWS that supersede these protocols. If American badger is present, BIO MM-5 shall apply. BIO MM-5: If California or Federal listed threatened Professional Biologist City of Bakersfield or If threatened or endangered or endangered species are found occupying burrows, retained by Project its designee species are found dens, or nests on the Project site or any such species Applicant could be injured or killed due to Project -related activities, the CDFW and/or USFWS (as appropriate) shall be contacted for further guidance. Should either agency determine that incidental take authorization is required prior to construction, the appropriate CESA/FESA authorization shall be obtained by the Project Applicant. CESA and FESA authorizations shall include measures addressing the respective state and/or federal listed species and shall include the following at a minimum: a) Implementation of standardized biological resource protective measures included in BIO MM-4; CITY" Lgad Agency: City of Bakersfield SCH No. 2022080337 Page 8 O13� Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE Biological prcconstruction surveys Cunductcd by qualified biologists approved by each applicable agency no more than 30 days prior to conducting work on the Project site; c) If any known San Joaquin kit fox dens are detected, implementation of the most recent USFWS protocols (Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011)) unless protocols are issued by either CDFW or USFWS that supersede these protocols. d) Destruction of San Joaquin kit fox dens shall follow the monitoring and excavation procedures in USFWS (2011). e) If CBB individuals or nests are detected during any surveys conducted per BIO MM-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 Plan shall be submitted for CDFW approval no less than 30 days prior to initial vegetation removal or ground disturbance and the Plan shall contain the following information at a minimum: o Active CBB nests shall be avoided by 50 feet. If CBB nests cannot be avoided, the Plan shall include seasonal restrictions for disturbance within 50 feet of any nest and procedures for determining when nest impacts will be minimized. o Vegetation removal/initial ground disturbance shall be limited to the period when impacts to individual CBB that may be underground will be minimized (e.g., after nests have become inactive). o Prior to vegetation removal/initial ground disturbance, small mammal burrows that 0CITY.-� dead Agency: City of Bakersfield SCH No, 2022080337 z ,x Page 9 g13�� Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MrrIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE may harhor overwintering C1111 quccns shall be excavated by hand. The Plan shal I include timing and excavation methods. In addition, the Plan shall include procedures for handling and disposition of CBB if encountered during burrow excavations. o The Plan shall include procedures for handling and disposition of individual CBB if they are encountered in the work limits or on construction equipment during construction activities. f) Biological monitoring of initial ground disturbance during each phase of grading; g) Provision for compliance reporting to be provided to each agency as required in respective take authorizations; h) Compensation for habitat disturbance acceptable to CDFW (state listed species) and/or USFWS (federal listed species) at a ratio of no less than 3:1 for permanent impacts and L I A for temporary impacts to listed species habitat. The only existing approved conservation bank for impacts to San Joaquin kit fox habitat in Kern County is the Kern Water Bank Authority Conservation Bank. Lands used to mitigate for San Joaquin kit fox must be contiguous with other potentially occupied lands, provide suitable foraging and denning habitat for San Joaquin kit fox, and be located in the southern San Joaquin Valley portion of Kern County below 1,500' in elevation; i) Compensation land shall be funded for maintenance, protection, and management through establishment of a long-term funding mechanism such as an endowment. The endowment must be a non -wasting account that is acceptable to both CDFW and USFWS. OrlTt --* M Le9d Agency; City of Bakersfield SCH No. 2022080337 z Page 10 r- fir, 0-1 i.' Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE BIO MM : All biologicalmonitors working on the Protcssional Biologist City of Bakersfield or If threatened or endangered Project site shall be required by their contract to retained by Project its designee species are found notify the USFWS and CDFW of the discovery of Applicant any protected species identified on the site other that nesting birds, Crotch bumblebee, San Joaquin kit fox and American badger which are addressed by BIO MM-1, BIO MM-2, BIO MM-3, BIO MM-4, and BIO MM-5. Any take of protected wildlife shall be reported immediately to USFWS and CDFW. BID MM-7: The Project Applicant shall ensure that Professional Biologist City of Bakersfield or During construction the Project's construction contractors adhere to the retained by Project its designee activities following best management practices. Construction Applicant contractors shall be required by their contracts to comply with these best practices and permit periodic inspection of the construction site by City of Bakersfield staff or its designee to confirm compliance. A note that requires compliance is required on all grading and building plans approved by the City of Bakersfield. a. Traffic restraints and signs shall be established to minimize temporary disturbances during construction beyond the construction site boundaries. 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. A 15 mile -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 highways. b. All construction personnel involved in ground - disturbing construction activities shall attend a worker orientation program. The worker orientation program shall present measures required to avoid, minimize, and mitigate (;ITr - L`60d Agency: City of Bakersfield SCH No. 2022080337 Z z Page 11 „� Ol�� Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE impacts to biological resources and shall include, at a minimum, the following subjects: A summary of the Federal Endangered Species Act (FESA), California Endangered Species Act (CESA), and the Migratory Bird Treaty Act (MBTA); biological survey results for the current construction area; life history information for the species of concern; biological resource avoidance, minimization, and mitigation requirements; consequences for failure to successfully implement requirements; and procedures to be followed if dead or injured wildlife are located during Project activities. Upon completion of the orientation, employees shall sign a form stating that they attended the program and understand all biological resource mitigation measures. Forms verifying worker attendance shall be filed at the Project Applicant's office and be accessible to the City of Bakersfield, USFWS and CDFW staff. No untrained personnel shall be allowed to work onsite with the exception of delivery trucks that are only onsite for I day 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 for listed species. d. All Project construction activities involving initial surface disturbance shall occur during daylight hours. e. Any trenches or excavations shall be ramped or covered if left for overnight periods. All pipe between 3 inches and 12 inches stored for overnight periods on the Project Site shall be capped or covered if they cannot be fully inspected. All pipe installed in trenches or that cannot be fully inspected shall be covered so 0GITy0 bead Agency: City of Bakersfield SCH No. 2022080337 Page 12 �l�l� Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE that wt dlife cannot hecome entrapped if Ictt on the Project Site for overnight periods. 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 wildlife so discovered shall be allowed to escape voluntarily, without harassment, before construction activities resume. A professional biologist may remove wildlife from a trench, hole or other entrapment out of harm's way if the immediate welfare of the individual is in jeopardy. State or federal listed species may not be handled. Should any state or federal listed species become entrapped, CDFW and USFWS shall be contacted as appropriate. f. 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 once each week from the site. Deliberate feeding of wildlife shall be prohibited. g. To prevent harassment of special -status species, construction personnel shall not be allowed to have firearms or pets on the Project site. h. All equipment and work -related materials shall be contained in closed containers either in the work area or on vehicles. Loose items (e.g. rags, hose, etc.) shall be 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 be prohibited unless approved by ooCI l"Lacd Agency: City of Bakersfield SCH No. 2022080337 � p Page 13 z � �J13'j Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE the USFWS and the CDfW This is necessary to prevent primary or secondary poisoning of special -status species using adjacent habitats, and to avoid the depletion of prey upon which they depend. If rodent control must be conducted, zinc phosphide shall be used because of its proven lower risk to SJKF. k. Any employee who inadvertently kills or injures a listed species, or who finds any such wildlife dead, injured, or entrapped on the Project site, shall be required to report the incident immediately to a designated site representative (e.g., foreman, project manager, environmental inspector, etc.). 1. In the case of entrapped wildlife that are listed species, escape ramps or structures shall be installed immediately, if possible, to allow the subject wildlife to escape unimpeded. m. In the case of injured special -status wildlife, the CDFW shall be notified immediately. During business hours Monday through Friday, the phone number is (559) 243-4017. For non - business hours, report to (800) 952-5400. Notification shall include the date, time, location, and circumstances of the incident. Instructions provided by the CDFW for the care of the injured animal shall be followed by the contractor onsite. in. In the case of dead wildlife that are listed as threatened or endangered, the USFWS and the CDFW shall be immediately (within 24 hours) notified by phone or in person, and shall document the initial notification in writing within 2 working days of the findings of any such wildlife. Notification shall include the date, time, location, and circumstances of the incident. o. Prior to commencement of construction, work areas not adjacent to public streets shall be OGITYUad Agency: City of Bakersfield SCH No. 2022080337 ;7 Page 14 z Q13,� Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING, IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) ClCarly marked mth Icncing, stakes with rope or cord, or other means of delineating the work area boundaries. p. If any suspected federally or State protected plant or animal species is found to be present during Project -related construction activities, occupied areas shall be avoided and the construction contractor shall be required by its contract to call a CDFW-approved biologist to the site to identify the species. If the species is protected, the qualified biologist shall notify the USFWS and CDFW of any previously unreported protected species. Any take of protected wildlife shall be reported immediately to USFWS and CDFW. Threshold b: There is no potential for the No mitigation is required. N/A N/A N/A No Impact Project to 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 CDFG or USFWS because these resources do not exist on the Project site. Threshold c: There is no potential for the No mitigation is required. N/A N/A N/A No Impact Project to 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 because these resources do not exist on the Project site. "Threshold d: There is no potential for the No mitigation is required. N/A N/A N/A No Impact Project to interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites because the Project site does not function as part of a wildlife movement corridor. OCIiV0 mad Agency. City of Bakersfield SCH No. 2022080337 6 v Page 15 r .v Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) Threshold c- Thcre is no potential for the No mitigation is required. N/A N/A N/A No Impact project to conflict with any local policies or ordinance protecting biological resources because no such policies or ordinances are in place that have applicability to the Project site. Threshold f: The Project would not No mitigation is required. N/A N/A N/A No Impact conflict with the provisions of an adopted Ilabitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan because not such plans are in place that have applicability to the Project site. 4.4 Cultural Resources Summary of Impacts 1"hreshold a: The Project would not CR MM-1: Prior to construction and as needed Professional Cultural City of Bakersfield or Prior to the issuance of a Less -than Significant impact any known historical resources and throughout the construction period involving ground- Resource Specialist its designee grading permit or any Impact with mitigation would not cause a substantial adverse disturbing construction activities, a construction retained by Project permit that authorizes incorporated change in the significance of any known worker cultural awareness training program shall be Applicant ground disturbance historical resources pursuant to California provided to all new construction workers within one Code of Regulation, Section 15064.5. week of employment at the project site. The training However, there is a remote possibility that shall be prepared and conducted by a qualified subsurface historical resources may exist cultural resources specialist that meets the U.S. and may be unearthed and impacted during Secretary of the Interior's Professional Qualification Project -related construction activities. Standards. Workers attending the training shall sign Therefore, the Project's potential impact to a form that shall be kept by the Project Applicant and potentially present subsurface historical made available to the City of Bakersfield upon resources would be significant prior to request. CR MM-2: If suspected historical or archaeological Construction Contractors City of Bakersfield or If suspected cultural Less -than Significant mitigation. resources are encountered during ground disturbance and Professional Cultural its designee resources are encountered Impact with mitigation activities, the construction contractor(s) shall be Resource Specialist incorporated required by their contract to immediately cease work retained by Project within 100 feet of the resources and have the area Applicant partitioned off until a qualified cultural resource specialist that meets the U.S. Secretary of the Interior's Professional Qualification Standards can evaluate the resources found and make c) 6�tcl Agency, City of Bakersfield SCH No. 2022080337 �—, Page 16 z %,7 T Gv Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE. PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE, rcconnncndations li the specialist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required. If cultural 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, and/or groups as determined by the specialist in consultation with the City of Bakersfield to receive input regarding treatment and disposition of the resource, which may include avoidance, testing, and/or excavation to prevent destruction of the resource and/or to allow documentation of the resource for research potential. All reports, correspondence, and determinations regarding the discovery shall be submitted to the California Historical Resources Information System's Southern San Joaquin Valley Information Center at California State University Bakersfield. Threshold b: The Project would not impact See CR MM-I above. Professional Archaeologist City of Bakersfield or Prior to the issuance of a Less -than Significant any known archaeological sites and would retained by Project its designee grading permit or any Impact with mitigation not cause a substantial adverse change in Applicant permit that authorizes incorporated the significance of any known ground disturbance archaeological resources pursuant to California Code of Regulation, Section 15064.5. However, there is a possibility that subsurface archaeological resources may exist and may be unearthed and impacted during Project -related construction activities. Therefore, the project's potential impact to potentially present subsurface archaeological resources would be significant prior to mitigation. See CR MM-2 above. Construction Contractors City of Bakersfield or If suspected cultural Less -than Significant and Professional its designee resources are encountered Impact with mitigation incorporated 0GiTY0 '—' mad Agency: City of Bakersfield SCH No. 2022080337 Z Page 17 r fir' a r3� Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) Archaeologist retained b% Project Applicant Threshold c: The Project site does not CR MM-3: During construction, if human remains Construction Contractors County Coroner If human remains are Less -than Significant contain a cemetery and no known are discovered, further ground disturbance shall be discovered Impact with mitigation cemeteries are located within the prohibited pursuant to California Health and Safety incorporated immediate site vicinity. Although the Code Section 7050.5. The specific protocol, Project Applicant would be required to guidelines, and channels of communication outlined comply with the applicable provisions of by the Native American Heritage Commission, in California Health and Safety Code § 7050.5 accordance with Health and Safety Code Section and California Public Resources Code § 7050.5, Public Resources Code 5097.97, and Senate 5097 et. seq., the Project's potential Bill 447 shall be followed. In the event of the impacts to buried human remain, if discovery of human remains, at the direction of the discovered, s would be significant on a county coroner, Health and Safety Code Section direct and cumulatively -considerable basis 7050.5(c) shall guide Native American consultation. prior to mitigation. Unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The coroner, pursuant to the specific exemption set forth in California Government Code Section 6254 (r), parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code Section 6254 4.5 Energy Summary of Impacts I'hreshold a: The amount of energy and No mitigation is required. N/A N/A N/A Less -than Significant Fuel consumed by construction and Impact operation of the Project would not be inefficient, wasteful, or unnecessary. Furthermore, the Project would not cause or result in the need for additional energy facilities or energy delivery systems. Threshold b: The Project would not No mitigation is required. N/A N/A N/A conflict with or obstruct the achievement of 0r,1T d Agency; City of Bakersfield SCH No, 2022080337 Page 18 z c� Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) energy conservation goals �cuhin the State of California identified in State and local plans for renewable energy and energy efficiency. 4.6 Geology and Soils Surnmary of Impacts l hreshold a: Implementation of the Project No mitigation is required. N/A N/A N/A Less -than -Significant would not expose people or structures to Impact substantial direct or indirect adverse effects related to liquefaction or fault rupture. The Project site is subject to seismic ground shaking associated with earthquakes; however, mandatory compliance with local and State regulatory requirements and building codes would ensure that the Project minimizes potential hazards related to seismic ground shaking to less than significant levels. I'hreshold b: Implementation of the Project No mitigation is required. N/A N/A N/A Less -than -Significant would not result in substantial soil erosion Impact or loss of topsoil. The Project Applicant would be required to obtain a National Pollutant Discharge Elimination System (NPDES) permit for construction activities minimizing impacts to less than significant. Threshold c: There is no potential for the No mitigation is required. N/A N/A N/A Less -than -Significant Project's construction or operation to cause, Impact or be impacted by, on- or off -site landslides or lateral spreading. Potential hazards associated with unstable soils would be precluded through mandatory adherence to the recommendations contained in the site - specific geotechnical report during Project construction. I'hreshold d: The Project site contains soils No mitigation is required. N/A N/A N/A Less -than -Significant with very low susceptibility to expansion; Impact therefore, the Project would not create substantial direct or indirect risks to life or c;t t r ��ead Agency: City of Bakersfield v Page 19 SCH No. 2022080337 Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) property associate kith the presence of expansive soils. Impacts would be less than significant. Threshold e: No septic tanks or alternative No mitigation is required. N/A N/A N/A Less -than -Significant wastewater disposal systems are proposed Impact to be installed on the Project site. Accordingly, no impact would occur associated with soil compatibility for wastewater disposal systems. Threshold £ The Project would not impact GEO MM-I: Prior to construction and as needed Professional paleontologist City of Bakersfield or Prior to the issuance of a Less -than -Significant with any known paleontological resource or throughout the construction period involving ground- retained by the Project its designee grading permit Mitigation Incorporated unique geological feature. However, disturbing construction activities, a construction Applicant construction activities on the Project site worker paleontological resource awareness training extending more than six (6) feet in depth program shall be provided to all new construction have the potential to unearth and adversely workers within one week of employment at the impact a unique paleontological resource or project site, if their work will involve ground - site or unique geologic feature that may be disturbing construction activities greater than six feet buried beneath the ground surface. in depth in older alluvium soils. The training shall be prepared and conducted by a professional paleontologist. 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. GEO MM-2: If paleontological resources are Construction contractors City of Bakersfield or If paleontological resources encountered, al work within 100 feet of the resources and professional its designee are discovered shall halt until a qualified paleontologist can be paleontologist retained by called to the site to evaluate the resources and make the Project Applicant recommendations. Paleontological resource materials may include fossils, plant impressions, or animal tracks that have been preserved in rock. If the qualified paleontologist determines that the discovery represents a potentially significant paleontological resource, additional investigations and fossil recovery may be required to mitigate adverse impacts to less than significant levels. Construction within 100 feet of the resources found shall not resume until the appropriate mitigation measures are implemented or the materials are ot;IT V p� Lead Agency: City of Bakersfield x z toy T. ' r-0 i3 C' Page 20 SCH No. 2022080337 Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE determined to be to be Tess than significant by the paleontologist. GEO MM-3: Recovered specimens, if any, shall be Professional paleontologist City of Bakersfield or If paleontological resources properly prepared to a point of identification and retained by the Project its designee are discovered permanent preservation, including screen washing Applicant sediments to recover small invertebrates and vertebrates, if necessary. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storages shall be required for discoveries of significance as determined by the paleontologist. GEO MM41: A final monitoring and mitigation Professional paleontologist City of Bakersfield or If paleontological resources report of findings and significance shall be prepared, retained by the Project its designee are discovered and prior to including lists of all fossils recovered, if any, and Applicant final building inspection necessary maps and graphics to accurately record the original location of the specimens. The report shall be submitted to the City of Bakersfield prior to final building inspection. The City of Bakersfield is required to assure that implementing development complies with the assumptions relied upon herein and applicable regulatory requirements pertaining to the topic of Geology and Soils. GEO RR-5: In compliance with City of Bakersfield Municipal Code Chapter 15.05, California Building Code, construction of the Project is required to adhere to the California Building Standards Code and its requirement to prepare and adhere to site -specific recommendations contained in a geotechnical report prepared for the Project site. As such, compliance with the recommendations provided in the Project's geotechnical study prepared by Krazan & Associates, Inc. and dated May 6, 2019 (contained as Technical Appendix E to this EIR) is required. 0,1TYCead Agency: City of Bakersfield SCH No. 2022080337 c� y Page 21 r— 9tv Q Ike, Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) GEO RR-6: To address wind erosion, the Project construction activities are required to comply with the provisions of Chapter 15 Section 104.12 of the Bakersfield Municipal Code to ensure that dust abatement measures comply with the current standards set for by the San Joaquin Valley Air Pollution Control District (SJVAPCD). GEO RR-7: The Project Applicant is required, pursuant to the State Water Resources Control Board, to obtain coverage under the State's General Construction Storm Water Permit for construction activities (NPDES permit). Compliance with the NPDES permit involves the preparation and implementation of a SWPPP for construction -related activities. The SWPPP will specify the Best Management Practices (BMPs) that construction contractors will be required to implement during construction activities to ensure that waterbome pollution — including erosion/sedimentation — is prevented, minimized, and/or otherwise appropriately treated prior to surface runoff being discharged from the subject property. Examples of BMPs that may be utilized during construction include, but are not limited to, sandbag barriers, geotextiles, storm drain inlet protection, sediment traps, rip rap soil stabilizers, and hydro -seeding. 4.7 Greenhouse Gas Emissions Summary of Impacts Threshold a: The Project would generate GHG MM-I: Construction contractors shall assure Construction contractors City of Bakersfield or Prior to issuance of a Significant and approximately 83.15 net new MT COze that construction equipment greater than 150 its designee grading permit and prior to Unavoidable Cumulatively - annually of GHGs, which is significant on horsepower achieves or is equivalent to or better than issuance of a building Considerable Impact a cumulatively -considerable basis. Environmental Protection Agency (EPA)/California permit, and during Air Resources Board (CARE) Tier 4 emissions construction standards, or Tier 3 standards if Tier 4 equipment is not available at the time of construction. Prior to OCIr) mad Agency: City of Bakersfield SCH No, 2022080337 z , Page 22 Qi31�`'�' Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE. grading and building permit issuance, the construction contractor(s) shall submit an equipment list to the City's Development Services Director confirming that the equipment used is compliant. GHG MM-2: Construction contractors shall assure Construction contractors City of Bakersfield or Prior to issuance of a that hand tools, forklifts, and pressure washers used its designee grading permit and prior to for construction are electric -powered and shall issuance of a building designate an area of the construction site where permit, and during electric -powered construction vehicles and construction equipment can charge. The City of Bakersfield shall verify the location of the designated charging area in association with grading and building permit issuance. GHG MM-3: Project construction contractors shall Construction contractors City of Bakersfield or Prior to issuance of a tune and maintain all construction equipment in its designee grading permit and prior to accordance with the equipment manufacturer's issuance of a building recommended maintenance schedule and permit, and during specifications. Maintenance records for all pieces of construction equipment shall be kept on -site for the duration of construction activities and shall be made available for periodic inspection by City of Bakersfield or its designee. GHG MM4: The building roof shall, upon the approval of a design modification by the U.S. Department of Veterans Affairs (VA), be outfitted with a solar photovoltaic system of the maximum size feasible to provide power to the building and given the constraints of applicable Building Code requirements, clearance requirements around roof - mounted equipment, PG&E interconnection regulations, and other code compliance requirements. Should the VA not approve a design modification to add a rooftop PV system, the building may be constructed and operated without a PV system. oCIiY,� � ad Agency; City of Bakersfield SCH No. 2022080337 G Page 23 Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) The City of Bakersfield is rcquirc,l to assure that implementing development complies with the assumptions relied upon herein and applicable regulatory requirements pertaining to the topic of Greenhouse Gas Emissions, which include the following: GHG RR-4: The building shall be constructed in compliance with Title 24 of the Uniform Building Code to minimize total consumption of energy. The City of Bakersfield shall confirm Title 24 compliance prior to the issuance of building permits. fhreshold b: The Project would be No mitigation is required. N/A N/A N/A Less -than -Significant consistent with the CARB 2020 Scoping Impact Plan Update, which was prepared to address the GHG reduction requirements set forth by SB 32. Because the Project would be consistent with the Scoping Plan [Jpdate, the Project also would not interfere with the State's ability to achieve the GHG reduction requirements of SB 32. Thus, the Project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions ofgreenhouse gases, and impacts would be less than signilcant. 4.8 Hazards and Hazardous Materials Summary of Impacts Threshold a and b: During Project No mitigation is required. N/A N/A N/A Less -than -Significant construction and operation, mandatory Impact compliance to federal, State, and local The City of Bakersfield is required to assure that regulations would ensure that the Project implementing development complies with the would not create a significant hazard to the assumptions relied upon herein and applicable environment due to routine transport, use, regulatory requirements pertaining to the topic of disposal, or upset of hazardous materials. Hazards and Hazardous Materials. HAZ RR-l: Construction contractors shall be required to comply with all applicable federal, State, O�If L Agency, City of Bakersfield SCH No. 2022080337 Page 24 �v r-a_13,tj � Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) THRESHOLD MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND REGULATORY REQUIREMENTS (RR) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE and local laws and rcgulations rcaardine 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. HAZ RR-2: If the VA handles hazardous materials as defined in Section 25500 of California Health and Safety Code, Division 20, Chapter 6.95, it shall be required to comply with California's Hazardous Materials Release Response Plans and Inventory Law, which requires immediate reporting to the Kern County Fire Department and the State Office of Emergency Services regarding any release or threatened release of hazardous material, regardless of the amount handled by the business, and to prepare a Hazardous Materials Business Emergency Plan (HMBEP). HAZ RR-3: Activities involving the collection and disposal of medical wastes are required to comply with California's Medical Waste Management Act of 2017. HAZ RR-4: All transporters of medical wastes must be registered hazardous waste haulers with a valid Hazardous Waste Transporter Registration through the California Department of Toxic Substances Control (DTSC). HAZ RR-5: 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. I'hreshold c: The Project Site is located No mitigation is required. N/A N/A N/A Less -than -Significant within one -quarter mile of four schools; Impact however, the Project would be required to 0rITYtead Agency: City of Bakersfield SCH No. 2022080337 Page 25 Z nt, r 4 1 5 "� Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) comply kith applicable federal, State. and local regulations related to the handling, storage, use, and transport of hazardous materials and biomedical wastes to ensure that students are not exposed to substantial hazardous emissions or acutely hazardous materials, substances, or waste. fhreshold d: The Project site is not located No mitigation is required. N/A N/A N/A No Impact on any list of hazardous materials sites complied pursuant to Government Code Section 65962.5. "fhreshold e: The Project is consistent with No mitigation is required. N/A N/A N/A Less -than -Significant the requirements of the Meadow Field Impact ALUCP. As such, the Project would not result in an airport safety hazard for people residing or working in the Project area. Threshold f: The Project site does not No mitigation is required. N/A N/A N/A No Impact contain any emergency facilities nor does it serve as an emergency evacuation route. During construction and long-term operation, adequate emergency vehicle access is required to be provided. Accordingly, implementation of the Project would not impair implementation of or physically interfere with an adopted emergency response plan or an emergency evacuation plan. Threshold e: The Project site is not located No mitigation is required. N/A N/A N/A No Impact in close proximity to wildlands or areas with high fire hazards. Thus, the Project would not expose people or structures to a significant wildfire risk. 4.9 Hydrology and Water Quality fhreshold a and c: The Project would be The City of Bakersfield is required to assure that N/A N/A N/A Less -than -Significant required to comply with a Stormwater implementing development complies with the Impact Pollution Prevention Plan (SWPPP) for assumptions relied upon herein and applicable construction -related activities, including regulatory requirements pertaining to the topic of grading. Bcst managemcnt practices 0,1T Y p &ad Agency: City of Bakersfield SCH No. 2022080337 �v Page 26 Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) (13MPs) would be implemented as part of Ikdrology and Water Qualit%r %chich include the the SWPPP to ensure that all potential following: pollutants of concern are prevented, minimized, and/or otherwise appropriately HYDRR-l: The Project Applicant and construction treated. Under long-term conditions, the contractor are required to comply with the Project's proposed water quality/retention requirements of a NPDES permit, and SWPPP. basin would capture all first -flush flows Compliance with the NPDES pen -nit and the SWPPP generated on the Project site and infiltrate require an effective combination of erosion control the captured water into the groundwater and sediment control measures (i.e., Best basin. Furthermore, the Project site is not Management Practices) to reduce or eliminate tributary to any impaired water bodies discharges to surface water from storm water and listed on the CWA Section 303(d) list. As non-stormwater discharges during construction such, the Project has no potential to cause activities. or contribute to surface water quality impacts downstream. Accordingly, the HYD RR-2: During construction, Project Project would not violate any water quality construction contractors are required to comply with standards or waste discharge requirements the requirements of the 2022 California Green or otherwise substantially degrade surface Building Standards Code (CalGreen, Part 11 of Title or groundwater quality, and would not 24, California Code of Regulations) or any conflict with or obstruct implementation of subsequent version of the Title 24 in effect at the time a water quality control plan or sustainable of building permit issuance, which requires among groundwater management plan. Impacts other items the installation of low water -use features. would be less than significant. Threshold b: The Project would be No mitigation is required. N/A N/A N/A Less -than -Significant provided potable water by the Cal Water. Impact The Cal Water 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 Kern River Groundwater Sustainability Plan estimates groundwater safe yield combined with other sources of supply and supplemental supply projects which combined fully mitigate potential future overdraft. With respect to groundwater recharge, runoff generated on site would be conveyed to the proposed on -site water quality/retention basin, where the runoff T 0C l V O . 5 Lec6 Agency: City of Bakersfield SCH No. 2022080337 z v Page 27 i— c, Qi3l� Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) would intiltrate into the on -site soils Accordingly, the Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin, and impacts would be less than significant. I'hreshold c: For the reasons discussed No mitigation is required. N/A N/A N/A Less -than -Significant under the analysis of Thresholds a. and e., Impact ['reject impacts to surface and groundwater quality would be less than significant. 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. Additionally, the Project site and surrounding areas are not subject to flood hazards. Accordingly, the Project would not substantially alter the existing drainage pattern of the site or area in a manner which would result in flooding on or off site, exceed the capacity of existing or planned drainage systems, or impede or redirect flood flows. Impacts would be less than significant. Threshold d: The Project site is not located No mitigation is required. N/A N/A N/A No Impact within or near any flood hazard areas, is not subject to tsunami hazards, and there are no enclosed or semi -enclosed bodies of water in proximity to the Project site capable of producing seiches that could affect the ['reject site. Accordingly, Project would not result in any impacts related to the risk of release Of pollutants due to Project Ce � g2 Lea4Agency: City of Bakersfield SCH No. 2022080337 z A Page 28 O'13l � Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) nundation from hoods. tsunamis. or ,cinc�s 4.10 Land Use and Planning 1-hreshold a: The Project has no potential No mitigation is required. N/A N/A N/A No Impact to physically divide an established community. Threshold b: The Project is a compatible No mitigation is required. N/A N/A N/A Less -than -Significant land use within the Service Industrial (SI) Impact General Plan designation and is consistent with the General Manufacturing (M-2) zoning classification, which allows all uses permitted in the CO zone, including medical clinics. The Project does not conflict with General Plan goals and policies and the general intent of the General Plan and has no potential to result in significant land use and planning conflicts in the context of compliance with applicable environmental plans, policies, and regulations beyond those identified in other Subsections of this EIR. 4.11 Noise I hreshold a: Noise levels generated bN the No mitigation is required_ N/A N/A N/A Less -than -Significant Project's short-term construction would be Impact less than significant at the nearest sensitive receptor. On -site operational noise levels would be less than significant at the nearest sensitive receptors. In addition, Project - related traffic noise increases would be below the identified thresholds of significance under Existing and long-range traffic conditions. Accordingly, the Project would not generate 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 or noise ordinance, or applicable 0T Le(3d Agency: City of Bakersfield SCH No. 2022080337 Page 29 z cv rpl3'�' Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) standards of other agencies, ❑nd impacts would be less than significant. Threshold b: The Project's construction No mitigation is required. N/A N/A N/A Less -than -Significant and operational activities would not result Impact in a perceptible groundbome vibration or noise that exceed thresholds of significance. l hreshold c: The Project site is located No mitigation is required. N/A N/A N/A Less -than -Significant within the Airport Influence Area of Impact Meadows Field Airport but is located well outside of the 60 dBA CNEL noise level contour boundary of the airport. The project medical outpatient commercial land use is considered normally acceptable with exterior noise levels of 55-60 dBA CNEL. Therefore, the Project would not expose people residing or working in the Project area to excessive noise levels related to a private airstrip, airport land use plan or public airport our public use airport. 4.12 Transportation Threshold a: The Project is consistent with No mitigation is required. N/A N/A N/A Less -than -Significant the Metropolitan Bakersfield General Plan, Impact including the goals and policies of the The City of Bakersfield is required to assure that General Plan Circulation Element, and also implementing development complies with the would be required to comply with all assumptions relied upon herein and applicable applicable requirements of the City's regulatory requirements pertaining to the topic of Municipal Code. As there are no other Transportation, which include the following applicable programs, plans, ordinances, or regulatory requirements. policies addressing the circulation system, Project impacts due to a conflict with a TRN RR-1: Prior to issuance of building permits, program, plan, ordinance or policy the Project Applicant shall pay appropriate Traffic addressing the circulation system would be Impact Fee (TIF) fees at the rates then in effect in less than significant. accordance with Chapter 15.84 of the City's Municipal Code. TRN RR-2: All off -site roadway improvements shall comply with applicable provisions of City of 001T e-9d Agency, City of Bakersfield SCH No, 2022080337 Page 30 z C. FO 13"s, Veterans Affairs Community -Based Outpatient Clinic Mitigation, Monitoring and Reporting Program (MMRP) MITIGATION MEASURES (MM) DESIGN FEATURES (DF) AND RESPONSIBLE MONITORING IMPLEMENTATION LEVEL OF THRESHOLD REGULATORY REQUIREMENTS PARTY PARTY STAGE SIGNIFICANCE (RR) Bakersfield Municipal Code Title 10 (Vehicles and 'traffic) and Chapter 13.12 (Development Improvements Standards and Specifications). Threshold b: The Project VMT is less than No mitigation is required. N/A N/A N/A Less -than -Significant the threshold of significance and impacts Impact would be less than significant. Threshold c: With mandatory compliance No mitigation is required. N/A N/A N/A Less -than -Significant with City design standards, including Impact standards contained within the City's Municipal Code, the Project would not substantially increase hazards due to a geometric design feature. Additionally, due to the short distance between the Project site and the on- and off -ramps at SR 99, the Project would not result in increased hazards to transportation as a result of incompatible uses, and impacts due to incompatible uses would be less than significant. Threshold d: The provision of adequate No mitigation is required. N/A N/A N/A Less -than -Significant emergency access is required during both Impact construction and long-term operation, in accordance with City of Bakersfield Municipal Code and Fire Department requirements. Accordingly, the Project would have adequate emergency access, and impacts would be less than significant. 4.13 Tribal Cultural Resources Threshold a The project site does not Mitigation Measures CR MM-1 through CR MM-3 Less -than -Significant with contain any known tribal cultural resources. shall apply. Mitigation Incorporated Nonetheless, Project construction activities have the potential to unearth and adversely impact tribal cultural resources that may be buried or masked at the Project site. O,r I T Y ,r_ M L@ad Agency: City of Bakersfield SCH No. 2022080337 Z Page 31 Findings of Fact and Statement of Overriding Considerations Regarding the Environmental Effects of the Approval of the: Veterans Affairs Community -Based Outpatient Clinic State Clearinghouse No. 2022080337 Lead Agency City of Bakersfield Development Services Department 1715 Chester Avenue, 2"d Floor Bakersfield, CA 93301 CEQA Consultant T&B Planning, Inc. 3200 El Camino Real, Suite 100 Irvine, CA 92602 Project Applicant SASD Development Group, LLC 4895 Pacific Highway San Diego, CA 92110 August 8, 2023 Q�gAKF` QORIGINALb Veterans Affairs Community -Based Outpatient Clinic Findings of Fact SCH No. 2022080337 Table of Contents Section Page 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......................................................................................................................5 2.2 Impacts Identified in the Initial Study (IS) or EIR as No Impact or Less than Significant Not RequiringMitigation............................................................................................................... 6 2.3 Impacts Identified in the EIR as Potentially Significant that Have been Mitigated to a Level ofLess than Significant......................................................................................................... 31 2.4 Impacts Identified 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.........................................................................................46 2.6 Growth -Inducing Impacts of the Proposed Project................................................................ 47 2.7 Project Alternatives............................................................................................................... 48 3.0 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 'ORIGINRP Veterans Affairs Community -Based Outpatient Clinic Findings of Fact SCH No. 2022080337 1.0 Introduction The Planning Commission of the City of Bakersfield (the "Planning 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 1.3 below, including the Environmental Impact Report ("EIR") prepared for the Project on behalf of 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; Los 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 99 (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. 1.1.2 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 Plan Review No. 21-0399. Site Plan Review No. 21-0399 would permit the development of 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 The fundamental 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 U.S. military veterans in the Bakersfield area. The Project would achieve its underlying purpose and goal through the following objectives. ORIGINAL Veterans Affairs Community -Based Outpatient Clinic Findings of Fact SCH No. 2022080337 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: East on Olive Drive, southeast on Roberts Lane, southeast on Manor Street and then northeast on Panorama Drive to Fairfax Road. • East: South on Fairfax Road to E. Brundage Lane. • South: West on E. Brundage Lane, 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, physical and occupational therapy, prosthetics, dental services, a lab and pharmacy, and ancillary and diagnostic services, avoiding the need for veterans to travel out of the Bakersfield area for these services. F. Create a comprehensively planned, advanced -care VA medical clinic 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 City of Bakersfield Actions Covered 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. 21-0399. 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 -making 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 a � OORIGINA.LG' Veterans Affairs Community -Based Outpatient Clinic Findings of Fact SCH No. 2022080337 significant, avoidable damage to the environment by requiring changes in the Project through the use of mitigation measures and project design requirements which have been found to be feasible; and to disclose to the public the reasons why 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 Draft EIR to the State Clearinghouse on May 5, 2023; o Mailed a Notice of Availability to all Responsible Agencies, Trustee 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 300-foot radius of the Project Site on May 4, 2023; o Made the Notice of Availability and Draft EIR available to the public on the City's website; o Published the Notice of Availability in the Bakersfield Californian, which 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 June 19, 2023 was Juneteenth, although the City was open on June 19, 2023. o Prepared responses to comments on the Draft EIR received during the 45-day comment period on the Draft EIR, which have been included in the Final EIR; o Published a notice on August 28, 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; o�eAKF`^ �_ r•n 'ORIGINALI' , Veterans Affairs Community -Based Outpatient Clinic Findings of Fact SCH No. 2022080337 o Sent written responses to comments to all public agencies, organizations, and 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 21167.6(e), which includes all of the documents relating to the previous review and approval of the Project in 2020 and 2021, when a mitigated negative declaration ("MND") was prepared, are on file with the City of Bakersfield Development Services Department, 1715 Chester Avenue, 2nd Floor, Bakersfield, CA 93301. OAK�c ORIGINAL tipproval of 1rUII1 tllese rlllulIlgS, allU Mat II1CUSUre IS IIUI Speclllcany reIlecteu In mese I'1naings, mat 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 Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 including Title 15 (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 street system 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") Findin : Less -than -Significant Impact Facts in Support of Finding: Air quality impacts from proposed projects within the City of Bakersfield are controlled through policies and provisions of the SJVAPCD and the Metropolitan Bakersfield General Plan. In order to demonstrate that a proposed project would not cause further air quality degradation in either the SJVAPCD'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 SJVAPCD's adopted AQAPs for 03 and PM10. The Project would not exceed the SJVAPCD established SPAL limits and, therefore has no possibility of exceeding criteria pollutant thresholds. Accordingly, the Project, would be consistent with the AQMP. 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 minimize the Project's less than significant effect. AIR RR-1. In compliance with SNAPCD Rule 9510 (Indirect Source Review (ISR)), the Project Applicant or its successor in interest shall submit an Air Impact Assessment (ALA) application to the SJVAPCD, which will identify emission reduction measures for emissions of NOX and PM10. The performance measures listed below can be met through any combination of on -site emission reduction measures or off -site fees. a) Related to construction -related emissions, the exhaust emissions for construction equipment greater than fifty (50) horsepower used or associated with the project shall be reduced by the following amounts from the statewide average as estimated by the ARB: 20% of the total NOX emissions, and 45% of the total PM10 exhausts emissions. Construction emissions can be reduced by using less polluting construction equipment, which can be achieved by utilizing addon controls, cleaner fuels, or newer lower emitting equipment. O��AKF�c, 'ORIGINAL' Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 bi Related to operational emissions, NOX emissions shall be reduced by 33.3% of the project's operational baseline NOX emissions over a period of ten years as quantified in the approved ALA. PM10 emissions shall be reduced by 50% of the project's operational baseline PM10 emissions over a period of ten years as quantified in the approved ALA. (DEIR, p. 4.2-26) AIR-RR-2. The Proiect is required to be constructed and operated in compliance with all qRplicable SJVAPCD Rules, including but not limited to the following: a) ,SJVAPCD Rule 4601, Architectural Coatings, which limits VOC emissions from architectural coatings. b) SVAPCD Rule 4102, Nuisance, which prohibits the discharge ofair contaminants and other materials which cause iniUM detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safeU of any such person or the public or which cause or have a natural tendency to cause injury or danig a to business or property. c) SJVAPCD Rule 4641, Cutback, Slow Cure and Emulsified Asphalt, Paving and Maintenance Operations, which limits VOC emissions by restricting the application and manufacturingofcertain types ofsphalt for paving and maintenance 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 Finding_ Following SJVAPCD 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 15 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 PM2.5 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-term operational emissions associated with the proposed Project would be far less than SJVAPCD 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. (DEIR, p. 4.2-21) The analysis presented in the DEIR 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 that the existing facility is similar in size to the proposed Project (31,400 s.f.), on a net basis, the Project's 10 �" rn ©RIGINALQ Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH 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. 4.2-21) The SJVAPCD has screening levels for 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, after 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") Finding: Less -than -Significant Impact Facts in Support of Findin& 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) do 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 of HAPs 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 subject to the Prevention of Significant Deterioration (PSD) requirements in 40 CFR 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) F H KF� �y r ORIGINAL' Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH 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 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 SJVAPCD's GAMAQI as such. Accordingly, the Project is not anticipated 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 Finding 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 or impede established native resident or migratory wildlife corridors, or native wildlife nursery sites. (DEIR, p. 4.3-9) 12 O� gA�F� oP v r— ORIGINALC' Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 D. Would the Project conflict with any local policies or ordinances 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 an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Threshold 'f") Finding: 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") Finding: 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 phases 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 natural 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 > �n � r OORIGINO Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 accordance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. In addition, electrical energy would be available for use during construction from existing power lines 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 Project's 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 be 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 kilowatt hours per year (kWh/yr) 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 4.5-8) It is likely that the Project would be more efficient than the existing facility, given that it will be built subject to modern standards and regulations, which are much more protective of the environment than those that existed when the existing clinic was built over 30 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 (if 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 or energy efficiency? (Threshold "b") 14 k) P, y � r `,ORIGINAL Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 Finding: Less -than -Significant Impact 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 and vehicles would comply 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 would 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? Finding: Less -than -Significant Impact Facts in Support of Finding_ There are no 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 life 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 � rn p 0OAIGINr'- Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 Building Code requires development projects to prepare geologic engineering reports to identify site - specific 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 of the 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. 4.6-8) The Project site is relatively flat, as is the immediately surrounding area. There are no hillsides or steep slopes on the Project site or in the immediate vicinity 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 safety 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 the Project would not pose a substantial direct or indirect landslide risk to surrounding properties. (DEIR, p. 4.6-8) B. Would the Project result in substantial soil erosion or the loss of topsoil? (Threshold "b") Finding: 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, and/or 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 '' M r 'ORIGINi11' Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 prior to surface runoff being discharged from the subject property. Examples of BMPs that may be utilized during construction include, but are not limited to, sandbag barriers, geotextiles, storm drain inlet protection, sediment traps, 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) Upon Project build -out, the Project site would be covered by buildings, landscaping, and impervious surfaces. Stormwater runoff from the Project site would be captured, treated to reduce waterborne pollutants (including 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 loss of topsoil, impacts related to post -development soil erosion would be less than significant. (DEIR, p. 4.6-9) 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 Facts in Support of Finding_ The Project site is relatively flat 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. 4.6-9) The geotechnical report prepared for the 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 be low. Thus, the potential for lateral 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 soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? (Threshold „d„) Finding: Less -than -Significant Impact 17 �gFKF u^ �n ` 0RIGINAL Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 Facts in Support of Finding_ 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 be less than significant. (DEIR, p. 4.6-11) E. Would the Project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (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 an 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 Support 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 GHG 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 B-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. For 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. 4.7-20) 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 18 901`1IGINAJ, ' Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 Facts in Support of Finding: Based on the Phase I ESA conducted by Krazan, the Project site contains no evidence of RECs, CRECs, HRECs or other environmental issues. No significant hazard to the public or the environment would occur through a reasonable risk of upset or the routine transport, use, or disposal of hazardous materials associated with these features that are part 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. Improper 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 be 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 building would operate as a U.S. Department of Veterans Affairs (VA) outpatient medical facility, and hazardous materials and biohazardous materials 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 2017. 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 long-term 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. (DEIR, p. 4.8-9) To ensure that Project construction activities do not inadvertently release hazardous materials into the environment, the following regulatory requirements are required. HAZ RR-l. Construction contractors shall be required to comply with all applicable federal, State, and local laws and regulations regarding the transport, use, and storage of hazardous OPKF? 19 0 "l y rn 6 `ORIGINAL Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 construction -related materials, including but not limited requirements imposed by the EPA, DTSC, and the Central Valley RWQCB. HAZ RR-2. If the VA handles hazardous materials as defined in Section 25500 of California Health and Safety Code, Division 20, Chapter 6.95, it shall be required to comply with California's Hazardous Materials Release Response Plans and Inventory Law, which requires immediate reporting to the Kern County Fire Department and the State Office of Emergency Services regarding any release or threatened release of a hazardous material, regardless of the amount handled by the business, and to prepare a Hazardous Materials Business Emergency Plan (HMBEP). HAZ RR-3. Activities involving the collection and disposal of medical wastes are required to comply with California's Medical Waste Management Act of 2017. HAZ RR-4. All transporters of medical wastes must be registered hazardous waste haulers with a valid Hazardous Waste Transporter Registration through the California Department of Toxic Substances Control (DTSC). 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 established procedures, rules, and regulations for emergency 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") Finding: Less -than -Significant Impact Facts in Support of Finding: 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 significant. 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. 4.8-10) D. Would the Project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result would it create a significant hazard to the public or the environment? (Threshold "d") 20 O� O A K,,- F- rft ORIGINAL Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 Finding: No Impact 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 65962.5, 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. (DEIR, p. 4.8-10) 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") Finding: Less -than -Significant Impact Facts in Support 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 "C" 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 Zone "C" of the ALUCP, and therefore, there is no potential for implementation of the Project to result in a safety hazard or excessive noise for people residing or working in the Project area. 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? (Threshold 'f") Finding: No Impact Facts in Support 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 City'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 -and -from the Project site and that the Project would not substantially impede emergency response times in the local area. 21 o�OAKF;'u� } �n o `ORIGINAL Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 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) 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 Support of Finding: The Project site is not located within a very high fire hazard severity zone. Neither Cal Fire nor the City of Bakersfield identify the Project site within an area susceptible to wildland fires and the Project site 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 wildland 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") B. Would the Project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? (Threshold "e") Finding: Less -than -Significant 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. (DEIR, pp. 4.9-7 to 4.9-8) All runoff generated on the Project site would be treated by the proposed on -site water quality/retention basin, which would provide water quality treatment of storm water prior to infiltration of the runoff into the on -site soils. Additionally, the City of Bakersfield along with the County of Kern adopted a Storm Water Management Plan. The Commercial and Industrial Element of the Storm Water 22 , K E 1i,^ O '� o �C}R1GtNf•l Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 Management Plan establishes measures to control potential pollutants from ongoing operations in that category of land use. Accordingly, during operation of the proposed Project, the City's program for "best conventional pollutant control technology" would be 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-1. The Project Applicant and construction contractor are required to comply with the requirements of a NPDES permit and SWPPP. Compliance with the NPDES permit and the SWPPP require an effective combination of erosion control and sediment control measures (i.e., Best Management Practices) to reduce or eliminate discharges to surface water from storm water and non-stormwater discharges during construction activities. HYD RR-2. During construction, Project construction contractors are required to comply with the requirements of the 2022 California Green Building Standards Code (CalGreen, Part 11 of Title 24, California Code of Regulations) or any subsequent version of the Title 24 in effect at the time of building permit issuance, which requires among other items the installation of low water -use 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 Findings No operating groundwater wells occur on 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 (Cal Water). The Project site is located in the Bakersfield District North Garden water system. The Bakersfield District derives its water supply from a combination of groundwater, untreated local 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 (ID-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. 4.9-9) The Project does not have a significant water demand. 23 Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH 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 Plan 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 Plan, as well as the fact that the Bakersfield District would have adequate groundwater to serve the Project, the Project's water demand 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 groundwater or purchased water that comes from the Colorado River or the State Water Project. Further, the end result of the Project will be to essentially move the existing VA clinic, and thus it does not result in any truly new water demand. (DEIR, 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 Project substantially alter the existing drainage pattern of the site or area, 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 insubstantial 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 Project's water quality/retention 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) All 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 runoff from 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 y iR 0 0ORIGINP,L Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 FEMA FIRM Map Number 06029C1825F, which includes the Project site, indicates that the Project area is in "Zone X", an area of minimal 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") Finding: No Impact Facts in Support of Finding: FEMA FIRM Map Number 06029C 1825F, 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 peak storm events, and the Project therefore would not risk the release of pollutants due to flood hazards, and no impact would occur. (DEIR, p. 4.9-11) 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 not 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. 4.9-11) 2.2.9 Land Use and Planning A. Would the Project physically divide an established community? (Threshold "a") Finding: 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 to 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 Knudsen 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 existing 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. 4.10-5) 25 oeAKf-%, > fi `�QRIGIN,s� Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 B. Would the Project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? (Threshold "b") Findin : Less -than -Significant Impact Facts in Support of Finding: The proposed Project would not conflict with the AQAPs SJVAPCD thresholds of significance. Accordingly, the proposed Project would not conflict with the applicable air quality plan, and impacts would be less than significant. (DEIR, p. 4.10-5) 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-2) zoning classification, which under the City's Euclidean pyramid zoning structure, allows all uses permitted in the C-O 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 MBGP. 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 or noise ordinance, or applicable standards of other agencies? (Threshold "a") Findine: Less -than -Significant Impact Facts in Support of Finding_ The facts presented below evaluate three components of the Project that would generate noise — the construction process, on -site operational activities, and off -site traffic. Construction Noise Project -related construction noise would be temporary, short-term, and intermittent 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. 4.11-15) Project -related construction noise levels are expected to range from 48.0 to 60.7 dBA Ley, at the nearby receiver locations. To evaluate whether the proposed Project would generate potentially significant short-term noise levels at the nearest receiver locations, a construction -related daytime noise level threshold of 80 dBA Leq 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 Ley significance threshold during Project construction activities. Therefore, the noise impacts due to u 26 ;n r� o 0ORIGINi i Veterans Affairs Community -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) On -Site Operational Noise The on -site Project -related noise sources are expected to include but not be limited to: outdoor loading dock activity, roof -top air conditioning units, emergency generator, trash enclosure activity, parking lot vehicle movements, and truck movements. (DEIR, p. 4.11-16) The operational noise levels associated with the proposed Project would satisfy the City of Bakersfield daytime and nighttime 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 Project would generate nighttime operational noise level increases ranging from 0.0 to 1.0 dBA Ley 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. 4.11-18) Q&Site Traffic 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 CNEL on the study area roadway segments. Based on the significance criteria for off -site traffic 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 significant. (DEIR, p. 4.11-20) 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. (DEIR. p. 4.11-21) The proposal to establish a community -based 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 Building Industry Association v. Bay Area Air Quality Management District (2015) 62 CalAth 369). Further, MBGP Figure VII-1, Land Use Compatibilityfor 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 4.11, Table 4.11-6, Daytime Project Operational Noise Level Increases, and Table 4.11-7, Nighttime Project 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 O �n � o 'vOR�GtNr Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 nighttime operational noise level increases ranging from 0.0 to 1.0 dBA Leq at the nearest receiver locations, also with ambient noise levels all being below 70 dBA CNEL. Based on the substantial evidence contained in the DEIR and in the technical noise analysis contained in DEIR Technical Appendix 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 Finding: At distances ranging from 557 to 1,307 feet from Project construction activities, construction vibration velocity levels are estimated to range from 0.001 to 0.002 in/sec PPV. Based on maximum acceptable continuous vibration threshold of 0.3 PPV (in/sec), 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. (DEIR, p. 4.11-22) C. For a project 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 Findings 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 Plan (ALUCP), the Project site is located within the Airport Influence Area, but located well 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 considered normally acceptable with exterior noise levels of 55-60 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 Project's construction are fully consistent with all goals and policies of the City's General Plan Circulation Element, as well as the requirements of the City's Municipal Code. (DEIR, p. 4.12-5) 28 c9ORIGINA. Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 As indicated in the Project's TIA, 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, both 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 be 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 6.2.2.7 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. (DEIR, 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 4.12-6) 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 Knudsen 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 of 214 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 Zone "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 10 (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 10.12 0P8E 29 0� y4� v©RIGINAL 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 be 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 10. (DEIR, p. 4.12-6) Accordingly, and based on the foregoing analysis, the proposed Project would not conflict 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 relating to transportation, the Project will be required to implement the following regulatory requirements to further minimize the Project's less than significant effect. TRNRR-1. Prior to issuance of building permits, the Project Applicant shall pay appropriate Traffic Impact Fee (TIF) fees at the rates then in effect in accordance with Chapter 15.84 of the City's Municipal Code. TRNRR-2. All off -site roadway improvements shall comply with applicable provisions of City of Bakersfield Municipal Code Title 10 (Vehicles and Traffic) and Chapter 13.12 (Development Improvements Standards and Specifications). B. Would the Project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? (Threshold "b") Finding: Less -than -Significant Impact Facts in Support of Finding_ The Project VMT/employee of 12.0 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 will 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 hour trips, and 110 p.m. peak hour trips. This is substantially similar to the projected trips for the Project, which are estimated to be 1,457 ADTs, 95 a.m. peak hour trips, and 143 p.m. peak hour trips. The VMT generated by the existing facility is likewise substantially similar to that generated by the 30 > rn 0ORIGINAL Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 proposed Project. Thus, the Project essentially steps into the shoes of the existing facility's impacts, rather than generating truly "new" impacts on the environment relating to transportation. (DEIR, pp. 4.12-7 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 roadway 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. 4.12-8) D. Would the Project result in inadequate emergency access? (Threshold "d") Finding: Less -than -Significant Impact Facts in Support of Finding_ During construction of the proposed Project, Project construction contractors would be required to maintain adequate emergency access routes on site. Additionally, the Project's 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 long-term operations. Furthermore, the Project would be subject to the requirements of Section 15.65.190 (Appendix D, Section D103.5 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 following potentially significant environmental impacts to a less than significant level, pursuant to CEQA Guidelines § 15091(a)(1). The potentially significant impacts, and the mitigation measures that will reduce them to a less than significant level, are as follows: 31 o�gAKF u^ ` 0RIGINi.t© Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 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 "a") Finding: Less -than -Significant Impact with Mitigation Facts in Support of Finding_ 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 2022, 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. Thus, 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 at the time the Project's construction activities commence, and mitigation is required. (DEIR, p. 4.3-8) The Project site provides suitable denning 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 occupy 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 the 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 y in ` 0RIGINt'- Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 the nests, a violation of the MBTA 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 MM-1. Surveys to detect burrowing owls shall be conducted by a professional biologist in consultation with CDFW 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 required per BIO MM-2, BIO MM-3 and BIO MM-4. Occupied burrows shall not be disturbed during the nesting season (February I through September 1 S) unless a professional biologist verifies 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 observed using burrows during the surveys, owls shall be excluded from all active burrows through the use of exclusion devices placed in occupied burrows in accordance with CDFW protocols, Staff Report on Burrowing Owl Mitigation, shall be implemented. In such case, exclusion 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-way doors, shall be installed in the entrance of all active burrows. The devices shall be left in the burrows for at least 48 hours to ensure that all owls have been excluded from the burrows. Each of the burrows shall then 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-2. If vegetation clearing or initial ground -disturbing construction activity occurs during the migratory bird nesting season (February 1 to September 1 S) 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 nest 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 Swainson's hawk, if the Project's vegetation clearing or initial ground -disturbance construction activity will commence during the migratory bird nesting season, the pre - construction nesting bird survey shall follow survey methodology developed by the species' SWHA Technical Advisory Committee (SWHA TAC 2000). If Swainson's hawk is nesting within one-half mile of the Project site, construction activities shall not commence unless an ITP is obtained from the CDFW or until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. �gAKE�� 33 0 J win 00RIGM 0 Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 BIO MM-3. Prior to vegetation clearing or initial ground -disturbing construction 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 immediately adjacent to the work limits. If suitable habitat is present, at least 2 visual surveys shall be conducted by a professional biologist between April 1 and May 30 to detect CBB on or within 100 feet of the work limits prior to vegetation removal/initial ground disturbance. The surveys shall target the peakflowering period of CBB preferred nectar plants and shall be conducted by a professional biologist who is familiar with CBB behavior and life history to determine presence/absence of CBB within one year of vegetation removal/initial ground disturbance. CBB individuals shall only be handled for identification if appropriate authorizations are issued. Surveys shall be conducted under suitable conditions for 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 following survey parameters will be applied: the professional biologist will walk slow (52 mph) meandering transects covering all portions suitable habitat within and immediately adjacent to the work limits containing suitable habitat; surveys will be conducted no earlier than 2 hours after sunrise and 3 hours before sunset, on mostly sunny days with temperature between 65' and 90°F,- surveys will not be conducted on cloudy days (>�0% cloud cover) or under wet or windy conditions (>_8 mph). Surveyors will search for bumble bees in flight and potential nest sites. All potential CBB nests found in small mammal burrows, under thatched grasses, brush piles or other suitable ground locations shall be further examined based on observations of entering or exiting CBB. Observations of potential CBB nest sites shall be conducted for no less than 15 minutes per location where CBB are possibly entering/exiting, or a longer period as determined by the professional biologist. If no CBB or their nests are detected, no further measures will be necessary provided that vegetation removal/initial ground disturbance occurs prior to March 1 of the year following the negative survey. If vegetationlinitial ground disturbance does not occur before March I of the year following the negative survey, the survey shall be repeated following the above procedure. If CBB is found to be present, BIO MM-5 shall apply. BIO MM-4. No more than 30 days prior to vegetation clearing or initial ground -disturbing construction activities, pre -construction surveys for San Joaquin kit fox and American badger shall be conducted by a professional biologist. The purpose of the preconstruction survey is to provide current biological information in order to implement all avoidance and minimization measures that are required based on any previous observations of special -status species and to update observations shall any new site occupation by special -status species occur. If any known San Joaquin kit fox dens are detected, implementation of the most recent USFWS protocols (Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011)) is required per BIO MM-5 unless protocols are issued by either CDFW or USFWS that supersede these protocols. If American badger is present, BIO MM-5 shall apply. BIO MM-5. If California or Federal listed threatened or endangered species are found occupying burrows, dens, or nests on the Project site or any such species could be injured or OINKf,�, 34 p v^ in 1� p vgRIGIw i Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 killed due to Project -related activities, the CDFW and/or USFWS (as appropriate) shall be contacted for further guidance. Should either agency determine that incidental take authorization is required prior to construction, the appropriate CESAITESA authorization shall be obtained by the Project Applicant. CESA and FESA authorizations shall include measures addressing the respective state and/or federal listed species and shall include the following at a minimum: a) Implementation of standardized biological resource protective measures included in BIO MM-4; b) Biological preconstruction 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 any known San Joaquin kit fox dens are detected, implementation of the most recent USFWS protocols (Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011)) unless protocols are issued by either CDFW or USFWS that supersede these protocols. d) Destruction of San Joaquin kit fox dens shall follow the monitoring and excavation procedures in USFWS (2011). e) If CBB individuals or nests are detected during any surveys conducted per BIO MM-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 Plan shall be submitted for CDFW approval no less than 30 days prior to initial vegetation removal or ground disturbance and the Plan shall contain the following information at a minimum: o Active CBB nests shall be avoided by 50 feet. If CBB nests cannot be avoided, the Plan shall include seasonal restrictions for disturbance within 50 feet of any nest and procedures for determining when nest impacts will be minimized. o Vegetation removal/initial ground disturbance shall be limited to the period when impacts to individual CBB that may be underground will be minimized (e.g., after nests have become inactive). o Prior to vegetation removal/initial ground disturbance, small mammal burrows that may harbor overwintering CBB queens shall be excavated by 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 burrow excavations. o The Plan shall include procedures for handling and disposition of individual CBB if they are encountered in the work limits or on construction equipment during construction activities. 35 > in 'ORIGINt.'_� Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 Biological monitoring of initial ground disturbance during each phase of grading; g) Provision for compliance reporting to be provided to each agency as required in respective take authorizations; h) Compensation for habitat disturbance acceptable to CDFW (state listed species) and/or USFWS (federal listed species) at a ratio of no less than 3:1 for permanent impacts and 1.1:1 for temporary impacts to listed species habitat. The only existing approved conservation bank for impacts to San Joaquin kit fox habitat in Kern County is the Kern Water Bank Authority Conservation Bank. Lands used to mitigate for San Joaquin kit fox must be contiguous with other potentially occupied lands, provide suitable foraging and denning habitat for San Joaquin kit fox, and be located in the southern San Joaquin Valley portion of Kern County below 1,500' in elevation; i) Compensation land shall be funded for maintenance, protection, and management through establishment of a long-term funding mechanism such as an endowment. The endowment must be a non -wasting account that is acceptable to both CDFW and USFWS. BIO MM-6. All biological monitors working on the Project site shall be required by their contract to notify the USFWS and CDFW of the discovery of any protected species identified on the site other that nesting birds, Crotch bumblebee, San Joaquin kit fox and American badger which are addressed by BIO AIM- 1, BIO MM-2, BIO MM-3, BIO MM-4, and BIO MM- 5. Any take of protected wildlife shall be reported immediately to USFWS and CDFW. BIO MM-7 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 by City of Bakersfield staff or its designee to confirm compliance. A note that requires compliance is required on all grading and building plans approved by the City of Bakersfield. a) Traffic restraints and signs shall be established to minimize temporary disturbances during construction beyond the construction site boundaries. 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. A 15 mile -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 highways. b) All construction personnel involved in ground -disturbing construction activities shall attend a worker orientation program. The worker orientation program shall present measures required to avoid, minimize, and mitigate impacts to biological resources and shall include, at a minimum, the following subjects: A summary of the Federal Endangered Species Act (FESA), California Endangered Species Act (CESA), and the Migratory Bird Treaty Act (META); biological survey results for the current construction area; life history information for the 36 � o ` 0RIGIWL Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 species ofconcern; biological resource avoidance, minimization, and mitigation requirements; consequences for failure to successfully implement requirements; and procedures to be followed if dead or injured wildlife are located during Project activities. Upon completion of the orientation, employees shall sign a form stating that they attended the program and understand all biological resource mitigation measures. Forms verifying worker attendance shall be filed at the Project Applicant's office and be accessible to the City of Bakersfield, USFWS and CDFW staff. No untrained personnel shall be allowed to work onsite with the exception of delivery trucks that are only onsite for I day 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 for listed species. d) All Project construction activities involving initial surface disturbance shall occur 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 wildlife so discovered shall be allowed to escape voluntarily, without harassment, before construction activities resume. A professional biologist may remove wildlife from a trench, hole or other entrapment out of harm's way if the immediate welfare of the individual is in jeopardy. State or federal listed species may not be handled. Should any state or federal listed species become entrapped, CDFW and USFWS shall be contacted as appropriate. fil 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 once each weekfrom the site. Deliberate feeding of wildlife shall be prohibited. g) To prevent harassment of special -status species, construction personnel shall not be allowed to have firearms or pets on the Project site. h) All equipment and work -related materials shall be contained inclosed containers either in the work area or on vehicles. Loose items (e.g. rags, hose, etc.) shall be stored within closed containers or enclosed in vehicles when on the work site. i) All liquids shall be inclosed, 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 be prohibited unless approved by the USFWS and the CDFW. This is necessary to prevent primary or secondary poisoning of special -status species using adjacent habitats, and to avoid the depletion of prey upon which they depend. If rodent control must be conducted, zinc phosphide shall be used because of its proven lower risk to S1KF. 37 O�9p Kt-,' u 1 fiS 'ORIGIW" Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 k) Any employee who inadvertently kills or injures a listed species, or who finds any such wildlife dead, injured, or entrapped on the Project site, shall be required to report the incident immediately to a designated site representative (e.g., foreman, project manager, environmental inspector, etc). 1) In the case of entrapped wildlife that are listed species, escape ramps or structures shall be installed immediately, if possible, to allow the subject wildlife to escape unimpeded. m) In the case of injured special -status wildlife, the CDFW shall be notified immediately. During business hours Monday through Friday, the phone number is (559) 243-4017. For non - business hours, report to (800) 952-5400. Notification shall include the date, time, location, and circumstances of the incident. Instructions provided by the CDFW for the care of the injured 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 immediately (within 24 hours) notified by phone or in person, and shall document the initial notification in writing within 2 working days of the findings of any such wildlife. Notification shall include the date, time, location, and circumstances of the incident. o) Prior to commencement of construction, work areas not adjacent to public streets shall be clearly marked with fencing, stakes with rope or cord, or other means of delineating the work area boundaries. p) If any suspected federally or State protected plant or animal species is found to be present during Project -related construction activities, occupied areas shall be avoided and the construction contractor shall be required by its contract to call a CDFW-approved biologist to the site to identify the species. If the species is protected, the qualified biologist shall notify the USFWS and CDFW of any previously unreported protected species. Any take of protected wildlife shall be reported immediately to USFWS and CDFW. With implementation of BIO MM-1, BIO MM-2, 131O MM-3, 131O MM-4, BIO 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. (DEIR, 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 15064.5? (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 SSJVIC 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 ino&eAKe, 38 -1 OOR101NF L� Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH 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 CEQA Guidelines Section 15064.5 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 than significant, the following mitigation measures are required. CR MM-1. Prior to construction and as needed throughout the construction period involving ground -disturbing construction activities, a construction worker cultural awareness training program shall be provided to all new construction workers within one week of employment at the project site. The training shall be prepared and conducted by a qualified cultural resources specialist that meets the U.S. 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 be required by their contract to immediately cease work within 100 feet of the resources and have the area partitioned off until a qualified cultural resource specialist that meets the U.S. Secretary of the Interior's Professional Qualification Standards can evaluate the resources found and make recommendations. If the specialist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required. If cultural 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, and/or groups as determined by the specialist in consultation with the City of Bakersfield to receive input regarding treatment and disposition of the resource, which may include avoidance, testing, and/or excavation to prevent destruction of the resource and/or to allow documentation of the resource for research potential. All reports, correspondence, and determinations regarding the discovery shall be submitted to the California Historical Resources Information System's Southern San Joaquin Valley Information Center at California State University Bakersfield. Implementation of Mitigation Measures (MMs) CR MM-I 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. (DEIR, p. 4.4-11) 39 Y Til OORIGINF,L 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 15064.5? (Threshold "b") Findin : 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 pursuant to § 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 of the site. A field survey conducted on the Project site did not identify the presence of any human remains and no human remains are known to exist beneath the surface of the site. Nevertheless, the remote potential exists that human remains 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 7050.5 "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 (NAHC) by telephone within 24 hours. Pursuant to California Public Resources Code Section 5097.98, whenever the NAHC receives notification of a discovery of Native American human remains from a county coroner, the NAHC is required to immediately notify 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 AKF N- in 1- 'ORIGIN;1!' Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 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 human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. The specific protocol, guidelines, and channels ofcommunication 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 the discovery of human remains, at the direction of the county coroner, Health and Safety Code Section 7050.5(c) shall guide Native American consultation. Unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The coroner, pursuant to the specific exemption set forth in California Government Code Section 6254 (r), parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government 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. (DEIR, p. 4.4- 11) 2.3.3 Geology and Soils A. Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Threshold 'f") Finding: 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. However, the possibility exists in the area that older fossiliferous alluvium may be present six feet below the surface since the remains of Pleistocene (ice age) land animals have been collected from older alluvial 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 OPKF� 41 0 u� a OORIGINf•L Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 destruction of such fossils could adversely impact the region's paleontological resources. Therefore, if any unique paleontological resource or site or unique geologic feature are unearthed during the Project's construction activities and are disturbed/damaged 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. GEO MM-1. Prior to construction and as needed throughout the construction period involving ground -disturbing construction activities, a construction worker paleontological resource awareness trainingprogram shall be provided to all new construction workers within one week of employment at the project site, if their work will involve ground -disturbing construction activities greater than six feet in depth in older alluvium soils. The training shall be prepared and conducted by a qualified professional paleontologist. 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. GEO MM-2. If paleontological resources are encountered, all work within 100 feet of the resources shall halt until a qualified paleontologist can be called to the site to evaluate the resources and make recommendations. Paleontological resource materials may include fossils, plant impressions, or animal tracks that have been preserved in rock. If the qualified paleontologist determines that the discovery represents a potentially significant paleontological resource, additional investigations and fossil recovery may be required to mitigate adverse impacts to less than significant levels. Construction within 100 feet of the resources found shall not resume until the appropriate mitigation measures are implemented or the materials are determined to be to be less than significant by the paleontologist. GEO MM-3. Recovered specimens, if any, shall be properly prepared to a point of identification and permanent preservation, including screen washing sediments to recover small invertebrates and vertebrates, if necessary. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storages shall be required for discoveries of significance as determined by the paleontologist. GEO MM-4. A final monitoring and mitigation report of findings and significance shall be prepared, including lists of all fossils recovered, if any, and necessary maps and graphics to accurately record the original location of the specimens. The report shall be submitted to the City of Bakersfield prior to final building inspection. GEO RR-5. In compliance with City of Bakersfield Municipal Code Chapter 15. 05, California Building Code, construction of the Project is required to adhere to the California Building Standards Code and its requirement to prepare and adhere to site -specific recommendations contained in a geotechnical report prepared for the Project site. As such, compliance with the recommendations provided in the Project's geotechnical study prepared by Krazan & 42 16AKF, ti U r ORIGINAL' Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 Associates, Inc. and dated May 6, 2019 (contained as Technical Appendix E to this EIR) is required. GEO RR-6. To address wind erosion, the Project construction activities are required to comply with the provisions of Chapter 15 Section 104.12 of the Bakersfield Municipal Code to ensure that dust abatement measures comply with the current standards set for by the San Joaquin Valley Air Pollution Control District (SJVAPCD). GEO RR-7. The Project Applicant is required, pursuant to the State Water Resources Control Board, to obtain coverage under the State's General Construction Storm Water Permit for construction activities (NPDES permit). Compliance with the NPDES permit involves the preparation and implementation of a SWPPP for construction -related activities. The SWPPP will specify the Best Management Practices (BMPs) that construction contractors will be required to implement during construction activities to ensure that waterborne pollution — including erosion/sedimentation — is prevented, minimized, and/or otherwise appropriately treated prior to surface runoff being discharged from the subject property. Examples of BMPs that may be utilized during construction include, but are not limited to, sandbag barriers, geotextiles, storm drain inlet protection, sediment traps, rip rap soil stabilizers, and hydro - seeding. Mitigation Measures GEO MM-1, GEO MM-2, GEO MM-3, and GEO-MM-4 would ensure the proper identification and subsequent treatment of any paleontological resources that may be encountered during ground -disturbing activities associated with implementation of the proposed Project. Therefore, with implementation of GEO MM-1, GEO MM-2, GEO 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 significant. (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 Code section 21074 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 ii. 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 ? In applying the criteria set forth 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 o�OP,K, � 4 > �n OORIGINF.L 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 landscapes 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 led 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. 4.13-3) 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 unearthed 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. 4.13-3) 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 -significant. (DEIR, p. 4.13-4) 2.4 Impacts Identified in the EIR 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 mitigated to a less than significant level by any feasible mitigation measures pursuant to CEQA Guidelines 15091(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 A. 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 eAKF ~ rt' ro OORIGINAL[ Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 Facts in Support of Finding: 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. Because the Project would result in a total gross increase of 946.85 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 new increase of 83.15 MT CO2e annually, the Project's impact is significant on a cumulatively -considerable basis. (DEIR, pp. 4.7-18 to 4.7-19) The following mitigation measures and regulatory requirements are required to reduce the Project -related GHG emissions. GHG MM-1. Construction contractors shall assure that construction equipment greater than 150 horsepower achieves or is equivalent to or better than Environmental Protection Agency (EPA)Xalifornia A ir Resources Board (CARE) Tier 4 emissions standards, or Tier 3 standards if Tier 4 equipment is not available at the time of construction. Prior to grading and building permit issuance, the construction contractor(s) shall submit an equipment list to the City's Development Services Director confirming that the equipment used is compliant. GHG MM-2. Construction contractors shall assure that hand tools, forklifts, and pressure washers used for construction are electric powered and shall designate an area of the construction site where electric powered construction vehicles and equipment can charge. The City of Bakersfield shall verb the location of the designated charging area in association with grading and building permit issuance. GHG MM-3. Project construction contractors shall tune and maintain all construction equipment 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 of Bakersfield or its designee. GHG MM-4. The building roof shall, upon the approval of a design modification by the U.S. Department of Veterans Affairs (VA), be outfitted with a solar photovoltaic system of the maximum size feasible to provide power to the building and given the constraints of applicable Building Code requirements, clearance requirements around roof -mounted equipment, PG&E interconnection regulations, and other code compliance requirements. Should the VA not approve a design modification to add a rooftop PV system, the building may be constructed and operated without a PV system. GHG RR-4. The building shall be constructed in compliance with Title 24 of the Uniform Building Code to minimize total consumption of energy. The City of Bakersfield shall confirm Title 24 compliance prior to the issuance of building permits. Although the Project's GHG emissions would only be a very small fraction of the global GHG emissions that contribute to climate change, the City is using an extremely conservative net -zero threshold. While the foregoing measures all reduce the Project's GHG emissions to the maximum 45 o�gAKF � m 'ORIGINF.I 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 GHG-4, 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 GHG emissions as compared to existing conditions even with implementation of mitigation measures, the Project's impacts due to GHG emissions would be significant and unavoidable on a cumulatively -considerable basis. (DEIR, p. 4.7-22) It bears noting that the Project's GHG 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 Project 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-renewable 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 2007, 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: o Energy efficient mechanical, electrical, and plumbing equipment. o Energy control strategies for HVAC, plumbing and lighting systems. o Low flow plumbing fixtures and shower heads. 46 0�0AK� U-% >- Tn OORIGINAL Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 • 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 of Project energy consumption is provided in EIR Subsection 4.5, Energy. (DEIR, pp. 5-1 to 5-2) EIR Subsection 4.8, Hazards and Hazardous Materials, provides an analysis of the proposed Project'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, including damage that may result from upset or accident conditions. (DEIR, 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 size of local markets and inducing additional economic activity in the area. (DEIR, 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 for 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 1801 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) OPKF�� 47 Ok "^ > m � r- ` 0RIGINAL Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 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 of what 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 Metropolitan Bakersfield is expected to add 1,077 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 -based 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 Project 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. eNKF �^ 48 OkA > m OORIGINAL Veterans Affairs Community -Based 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 circumstances 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 would be avoided or substantially lessened by putting the project in another location. 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" (CEQA Guidelines Section 15126.6(f)(2)). The U.S. Department of Veterans Affairs established the following geographic boundary as an acceptable area for establishment 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 Olive 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 3 0, 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 1801 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. PBV protested the VA's determination in several iterations administratively, and in the United States Court of Federal Claims, Case No. 20-1050C. All appeals and challenges were denied, as detailed in the January 7, 2021 decision by the Court of Federal Claims. (DEIR, pp. 6-4 to 6-5) Since that time additional protests have been filed by PBV. On May 6, 2021, PBV protested the U.S. Government Accountability Office (GAO) challenging VA's award of the lease to the Project Applicant (SASD), 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 (COFC) challenging VA's award to 49 0�0AKF `� � r 'GFi1GINF,L Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 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 November 8, 2021 protest on March 11, 2022. On May 10, 2022, PBV filed a notice of appeal with the Federal Circuit challenging one aspect of the COFC's March 11, 2022 ruling. On May 4, 2023, Three days after holding oral arguments, the Federal Circuit summarily denied PBV's appeal and affirmed the COFC's March 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 Project 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, GHG emissions — are due to where the Project is located, or would be reduced in a different location. Instead, the same 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 1801 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 fact that under the No 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 an 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 O� " ` 0RIGtN} L ':_' Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 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 2021 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 s.f. 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 not developed with the building or parking would be landscaped. Under this alternative, the exiting clinic would no longer operate and the 36,000 s.f. new clinic built on the Project site would operate in place of the existing VA clinic and would achieve net zero greenhouse gas emissions. (DEIR, 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 not meet the VA's physical design requirements and would not meet Project Objective G due to not utilizing all 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 Project'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 / 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. 6-15) The Net Zero alternative is rejected for this second reason on an independent basis, in 51 F- rn r 'ORIGINO 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 of these 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 1801 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 371,171 kWh/year. The building itself is expected to need 341,211 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 1 kW of rooftop solar in Bakersfield can generate about 1,650 kWh/year, 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 1kW of rooftop solar, 22,500 sq. ft. of solar panel coverage would be required on the site. (DEIR, p. 6-16) The Renewable Energy System Project Design Alternative would reduce the Project's significant and unavoidable cumulatively -considerable GHG 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 it does not meet 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 / federal government. (DEIR, p. 6-20) However, it bears noting that GHG MM-4 essentially requires Renewable Energy System Project Design Alternative, if approved by the VA. 6�KF, 52 ~ r 'ORIGINAL Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 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 Alternative would result in no physical environmental impacts beyond those that have historically occurred on the property, and those that occur from the operation of the existing VA clinic at 1801 Westwind Drive. Because the No Project Alternative would avoid most of the Project's impacts, it warrants consideration as the "environmentally 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 § 15126.6. If the Net Zero Alternative is determined not feasible, then the Renewable Energy System Project Design Alternative would become the Environmentally Superior Alternative. (DEIR, pp. 6-20 to 6-21) 3.0 Statement of Overriding Considerations The Planning Commission hereby declares that it has balanced the benefits of the Project against any significant and unavoidable environmental impacts in determining whether to approve the Project. Pursuant to the CEQA Guidelines Section 15093, 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 (MMRP), 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 Planning 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 considerations: 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. Government, which is highly desired by local veterans. B. The Project provides a new VA community -based outpatient medical clinic that meets 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 o��AKF` 1- fT1 ®RIGINP I� Veterans Affairs Community -Based Outpatient 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 with maximum operational efficiency to optimize health care 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 long-distance driving to Los Angeles for certain services. The Project creates valuable short term construction and long term employment opportunities for residents of the City. The Project implements the City's General Plan by developing an underutilized site that 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 outweigh 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 Project's benefits separately and individually outweigh all of the unavoidable adverse environmental effects identified in the EIR 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 21081.6 of the Public Resources Code, the City of Bakersfield hereby adopts the Mitigation Monitoring and Reporting Program ("MMRP"). The City finds that the MMRP is designed to ensure compliance with the changes (i.e., mitigation measures) imposed on the Project to mitigate or avoid effects on the environment during Project implementation. The MMRP is on file with the City of Bakersfield Development Services Department, 1715 Chester Avenue, 2nd Floor, Bakersfield, CA 93301. 54 � r 'ORIGINAL Veterans Affairs Community -Based Outpatient Clinic Project Findings of Fact SCH No. 2022080337 4.2 Custodian of Record The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Bakersfield Development Services Department, 1715 Chester Avenue, 2°d Floor Bakersfield, CA 93301. The custodian for these records is Louis Ramirez, Associate Planner II. This information is provided in compliance with Public Resources Code Section 21081.6. �OAKF' 55 O o� vORIGINAL� c c �''� l>..�'1 '��, ITA' Ij�.� :>. �� ,fir, •�, -ram _ � " w— Project Location �., Yr�� •• ,fig., SPR 21-0399 � �-�,�E-o�--..��,.�. -' • �,, ,,+� � �� .� �``,� � \ . �� . 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