HomeMy WebLinkAboutRES NO 24-96RESOLUTION NO.~ 4 -' 9 0
A RESOLUTION MAKING FINDINGS, APPROVING THE
MARKETPLACE ENVIRONMENTAL IMPACT REPORT
AND APPROVING THE MARKETPLACE SHOPPING
CENTER SUBJECT TO MITIGATION CONTAINED IN
THE CERTIFIED EIIL
WHEREAS, the Planning Commission of the City of Bakersfield, in
accordance with the provisions of the City of Bakersfield CEQA Implementation
Procedures held a public hearing on December 21, 1995, notice of such hearing was by
publication of an eighth-page advertisement in the Bakersfeld Californian on
December 1, 1995; and
WHEREAS, in order to provide greater public participation, all those
property owners within 300 feet and all those who signed attendance sheets at an earlier
Marketplace Shopping Center Environmental Impact Report (EIR) scoping meeting
were noticed individually of the availability of the Draft Environmental Impact Report
(DEIR) and the public hearing; and
WHEREAS, the environmental record prepared in conjunction with the
project includes the following:
1. The Draft and Final Environmental Impact Report;
2. All staff reports, memoranda, maps, letters, minutes of meetings,
and other documents prepared by the consultants relating to the project;
3. All testimony, documents, and evidence presented by the City and
consultants working with the City relating to the project;
4. The proceeding before the Planning Commission and City Council
relating to the project and DEIR, including testimony and documenting evidence
inlxoduced at the public hearings; and
$. Matters of common knowledge to the City Council which it
considers including but not limited to, the following:
a. The City of Bakersfield 2010 Plan;
b. City of Bakersfield Zoning Ordinance;
c. City of Bakersfield Municipal Code; and
d. Other formally adopted policies and ordinances of the City.
WHEREAS, the Draft Environmental Impact Report was subject to a thirty
day review period in accordance with Section 15087 (c) of the California Code of
Regulations; and ~<~ ~4'~,
ORIGINAL
WHEREAS, the public hearing on the DEIR was held during the latter
half of the public review period as is required by the City of Bakersfield CEOA
Implementation Procedures (1992); and
WHEREAS, the notice of preparation was sent certified mail to all
agencies having any involvement in this project per Section 15086 of the California Code
of Regulations; and
· WHEREAS, notice of the public hearing was given to all commenting
agencies as ~s required by the City of Bakersfield CEQA Implementation Procedures
(1992) and State law; and
WHEREAS, the law and regulations relating to the preparation and
adoption of Environmental Impact Reports as set forth in CEQA, the State CEQA
Guidelines and City of Bakersfield's CEQA Implementation Procedures (1992) have
been duly followed by city staff, Planning Commission, and the City Council; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the
provisions of Section 65:t55 of the Government Code, conducted and held a public
hearing on WEDNESDAY, FEBRUARY 7, 1996, on the Marketplace EIR, notice of time
and place of the hearing having been given at least ten (10) calendar days before the
hearing by publication in the Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, Casfie and Cooke Homes, Inc. entered into an agreement with
the City to implement all mitigation measures identified in the environmental analysis
contained with the EIR.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the
City of Bakersfield as follows:
1. The above recitals and findings, together with the Statement of
Faces/Statement of Overriding Considerations attached hereto as Exh~it 'A" and
incorporated herein by reference, are lxue and correct and constitute the Findings of the
City Council in this matter.
2. The Marketplace Shopping Center is hereby approved with
modifications to the approved site plan in conformance with mitigation measures
adopted in the EIR.
3. The Environmental Impact Report for the Marketplace is adequate
and is hereby certified by the City Council as having been completed in compliance with
CEQA, the State CEQA Guidelines, and the Civy CEQA Implementation Procedures,
and that the City Council has reviewed and considered the information contained in the
Final EIR.
4. The report of the Planning Commission, including maps and all
reports and papers relevant thereto, transmitted by the Secretao] of the Planning
Commission to the City Council, is hereby received, accepted and approved.
2
ORIGINAL
5. That certification of this EIR and the '~m!..position of the
recommended mitJ~affon mennnr~,~ ~s';~,*e +hi c~ .... ,.:... ~ __...__ ,~ ........
requiring the city to comply with CEQA prior to i~uing f~nher permits for the
Marketplace Shopping Center.
6. That Castle and Cooke Homes, Inc. by prior written agreement
agreed to comply all adopted mitigation measures contained within the EIR.
7. Potentially Significant Impacts that have been mitigated. Exh~it
"A" describes those impacts identified by the EIR as significant. As to each of said
impacts, the City Council hereby finds that changes or alterations incorporated into the
.project avoid impacts or mitigate impacts to less than significant level. Each of the
artpacts and the facts substantiating this finding are as set forth in Exh~it 'A'.
8. Significant and Unavoidable Impacts. Certain environmental
impacts are considered unavoidable and cannot feasibly be mitigated to a less-than
significant level. Moreover, the project alternatives analyzed in the Final EIR would not
feasibly mitigate the impacts. These impacts are discussed in Exhibit 'A'.
Notwithstanding disclosure of these impacts and their par~al mitigation as described in
Exh~it 'A', the City Council elects to approve the project due to overriding
considerations as set forth in the 'Statement of Overriding Considerations' attached as
Exh~it
9. Alternatives to the Proposed Project. The EIR evaluated three
alternatives to reduce significant impacts. These alternatives are infeas~le for the
following reasons, the *No Project' alternative does not meet the goal of the applicant
and never achieves the general plan designation that the parcel be developed as a
commercial center nor does it implement the 'centers concept' for air pollution
reduction described in the General Plan. The mixed use alternative has environmental
impacts greater than the Marketplace development in terms of population, housing,
noise, utilities and public services. In addition, this alternative is not in conformance
with the applicable Gen.eral Plan designation (General Commercial).
The 'alternative site plan" would have slightly less environmental
impacts than the Marketplace development but does not achieve the goal of the
applicant by removing the restaurants and gas stations from the major thoroughfare
(Ming Avenue) which is a major factor in the success of these types of commercial
development.
10. File the Notice of Determination. Upon approval and adoption of
the project the Planning Department is hereby directed to file a Notice of Determination
with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of
the Public Resources Code and the State CEQA Guideline adopted pursuant thereto.
3
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on ~0 ~ ~ , by the
following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTt, ROWI. ES, SULUVAN, ~ALVA(~I(~O
NOES: COUNCILMEMbER,
,ABSTNN: COUNCILMEI~E~ 1,.) 0 ~.~.
ABSEI~: COUNCILMEMBER
iStaO~CITY CLERK and EX Offici~Cler.k of the
Council of the City of B~kersfleld
APPROVED FEB 0 ? 19~q6
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY, City of Bakersfield
r~
ORJG~JAL
The Marketplace Shopping Center STATEMF. A'I' OF FACTS/gI'ATEMENT OF OFERRIDING CONSIDERATIONS
EXHi~ff A
STATEMENT OF FACTS AND CEQA FINDINGS AND
STATF,~XIENT OF OVERRIDING CONSIDERATIONS FOR
THE MARKETPLACE SHOPPING CENTER ENVIRONMENTAL IMPACT REPORT
This document identifies Findings and Facts in Support of Findings which the City of Bakersfield
City Council will cousider relative to the conclusions of the Environmental Impact Report ~)
prepared for The Marketplace Shopping Center.
In addition to the aforementioned Facts and Findings, this document includes a Statement of
Overriding Consideratious relative to potential air quality impacts. These Findings, Facts in
Support of Findings, and the Statement of Overriding Considerations are made in accordance
with Sections 15091 through 15093 of the California Environmental Quality Act (CEQA)
Guidelines and pursuant to Section 21081 of the California Public Resources Code. Pursuant
to Section 15091 (a) of the CEQA Guidelines, as amended, the City of Bakersfield City Council
shall not carry out a project for which an Pig. identifies one or more significant environmental
effects of the project unless they make one or more written findings with regard to those
significant effects.
This document consists of the fol]owing sections:
Sectton L Findings with Respect to Significant Environmental Effects. This section
contains those findings concerning the project's potential significant effects and the
feas~ility of the mitigation measures included in the final EIR to mitigate these
significant effects.
Section I1. Findings with Respect to the Environmental Review Process. The lead
Ageney's findings with respect to the environmental review that was undertaken for the
project are provided in thi, section.
Section 171. Findings with Respect to the Environmental Analysis. This section includes
facts in support of findings, descn'bes alterations that have been made to the project to
reduce significant effects, and findings concerning significant effects for each of the
issues examined in the EIR prepared for the project.
Section IV. Findings with Respect to the Analysis of Cumulative Impacts. Facia in
support of findings and the fmdings with respect to potential cumulative impacts are
provided in this section.
Section V. Findings with Respect to the Analysis of Project Alternatives. This section
documents the facts in support of findings and the findings of the analysis of alternatives
considered in the F.~.
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The Marketplace Shopping Center
Section VI. Findings with Respect to the Analysis of Long-Term and Growth-Inducing
Impacts. The facts in support of findings and the f'mdings of the environmental analysis
and review regarding the project's long-term and growth-inducing impacts are provided
in the section.
STATEMENT OF FACTS/STATEMENT OF OVERRIDING CONSIDERATIONS
Section VII. Statement of Overriding Consideration. Findings relative to the significant
unmitigable cumulative air quality impacts, of which the project is a contributor, is
provided in this section.
The project will involve the development of a 33.43-acre rectangular parcel of land bounded by
Camino Media on the north, Haggin Oaks Drive on the east, the proposed extension of Scarlet
Oak Boulevard on the west, and Ming Avenue on the south. The California State University at
Bakersfield campus borders the nor~ern site boundary opposite Camino Media. The majority
of the site is currently vacant, except for a real estate office located on the southeast comer.
At buildout, The Marketplace Shopping Center will consist of 344,500 square feet of commercial
uses including, but not limited to, a supermarket, a multi-screen theater, two office buildings,
and various major and specialty retailers.
FINDINGS
I. Finalrigs with Respect to Significant Effects
The City of Bakersfield, as Lead Agency and decision-maker for the project, has reviewed aria
considered the information contained in both the Draft and Final ~ prepared for The
Marketplace Shopping Center and the public record. The Lead Agency makes the following
f'mdings, pursuant to CEQA and CEQA Guidelines:
LA
The City of Bakersfield, as Lead Agency and decision-m.ker, having reviewed
and coasidered the information contained in the Draft and Final h'lRs prepared
for The Marketplace Shopping Center and the public record, finds that changes
or alterations to the project will avoid or substantially lessen potentially significant
environmental impacts. These changes or alterations are related to the
implementation of the mitigation measures detailed in Section IN of this
document.
LB
The City of Bakersfield, as Lead Agency and decision-maker, having reviewed
and considered the information contained in the Drsft and Final ~ prepared
for The Marketplace Shopping Center and the public record, finds that there are
no specific economic, social, or other considerations which make the mitigation
measures contained in the Draft and Final EIRs infeasible.
I.C
The City of Bakersfield, as Lead Agency and decision-maker, finds that
significant and unmitlgable cumulative impacts on air quality may occur with
future development projects in conjunction with The Marketplace Shopping
' - Page 2 - Z~OR[G!,~A~.L'
l'he Marketplace Shopping Center S~ATF. MEI~ OF FACTS/S'I'AIF. MENT OF OVERRIDING CONSlDF. RAFiOA,$
Center. This timing requires that the Lead Agency issue a 'Statement of
Overriding Considerations' under Section 15093 and 15126 0a) of the State
CEQA Guidelines if the Lead Agency wishes to proceed with approval of the
project. The Statement of Overriding Consideration~ is contained in Section VII
herein.
H. F'mdings with Respect to the Environmental Review Process
The City of Bakersfield, acting as Lead Agency for the environmental review of the project,
makes the following f'mdings with regard to the environmental review process under, aken to
analyze the potential environmental impacts of the project:
Although having determined that an EIR would be prepared to address the
project, in accord with Section 15063(a) of the State CEQA Guidelines, as
amended, the City of Bakersfield as Lead Agency undertook the preparation of
an Initial Study. The completed Initial Study determined that a number of
environmental issue areas may be impacted by the construction and operation of
The Marketplace Shopping Center. Furthermore, the Lead Agency determined
that an EIR would be prepared to address the project's potential impacts on those
environmental issue areas identified in the Initial Study requiring further analysis.
Pursuant to the provisions of Section 15082 of the State CEQA Guidelines, as
amended, the City of Bakersfield, as Lead Agency, circulated a Notice of
Preparation (NOP) to public agencies, special districts, and members of the public
requesting such notice for a 30-day period commencing October 20, 1995 and
ending November 19, 1~95. The aforementioned Initial Study was circulated
with the NOP. Based on the Initial Study, no impacts upon energy, mineral
resources, or recreation were anticipated upon project implementation, and as a
result, these issues were not addressed in thi~ Draft EI1L
H.C.
During the circulation period for the Notice of Preparation, the City of
Bakersfield as Lead Agency, advertised and conducted two scoping meetings
(November 3, 1995 and November 9, 1995).
A Draft EIR was prepared which analyzed project-related impacts related to the
following environmental issue areas: land use and planning; population, housing,
and employment; earth resources; water; air quality; Uan~nafion/circulation/
parking; biological resources; risk of upset and human health; noise; public
services; utilities; aesthetics; and cultural resources. Project alternatives, growth-
inducing impacts, and cumulative effects were also analyzed in the Draft 1~.
During the Draft EiR's public review period, the Bakersfield Plannino
Commission and City Council held noticed public hearings at regularly-schedule~
meetings regarding the Draft E]R. The public was afforded the opportunity to
- Page 3 - ~
OR!GI~,JAL
The Marketplace
Shopping Center
orally comment on the Draft EIR at each public hearing, and the testimony was
considered by the decision-makers. Upon the close of the public review period,
the Lead Agency proceeded to evaluate and prepare responses to all written
comments received from both citizens and the public agency during the public
review period.
STATEMENT OF FACI'S/S'I'ATEMEN'f OF OVERRIDING CONSIDERATIONS .~
The aforementioned comments and responses and other information consistent
with the requirements of Section 15132Co)(c)(d)(e) of the State CEQA Guidelines,
as amended, were provided in a separate stand-alone document. The earlier Draft
EIR, coupled with the Response to Comments stand-alone document, comprises
the Final EIR. Following completion of the Response to Comments document,
the Lead Agency's responses to the comments received from public agencies were
transmitted to those public agencies for consideration at least 10 days prior to the
Final EIR's certification.
IH. F'mdings with Respect to the Environmental Analysis
The City of Bakersfield, acting as Lead Agency for the environmental review of the project,
f'mds that changes or alterations must be incorporated into the project in the form of mitigation
measures in order to avoid or substantially lessen potentially significant environmental effects
as identified in the Draft EIR. Issues analyzed in the Draft EIR included land use and planning;
housing, population, and employment; earth resources; water; air quality; transportation/
circulation/parking; biological resources; risk of upset and public health; noise; public services;
utilities; aesthetics; and cultural resources. This section documents the l~.ad Agency's findings
with respect to the environmental analysis, the facts in support of the findings, and those changes
and alterations that have been made to the project to reduce or eliminate potentially significant
effects.
111.A Supporting Statement of Facts and l~ndings with Respect to Land Use and Planning
Impacts
III. A.I. Facts in Support of Findings
The criteria used to define thresholds of significance for land use impacts are taken from
Appendix O of the CEQA Guidelines. According to Appendix G, a project will normally
have a significant adverse environmental impact on land use and development if it results
in a conflict with any adopted environmental plaus and goals of the community in which
it is located; results in disruption or division of the physical arrangement of an
established community; results in a conflict with established recreational, educational,
religious, or scientific uses of the area; results in a land use incompatibility with existing
development in the vicinity; or involves a conversion of prime agricultural land to non-
agricultural use or impairment of the productivity of prime agricultural land.
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The Marketplace Shopping Center 51'AIT. MF.31T OF F, qCI~/b~TATF. MEN'f OF OVERRIDING CONSlDF_.IMTION5
The development site does not currently accommodate vehicular or pedestrian movement
through the area or serve as a connection for the surrounding land uses (the site is
privately owned). Furthermore, access to the surrounding neighborhoods can be
accommodated by the existing local roadways. With the shopping center, pedestrian and
bicycle access across the site from residences on the south to California State University,
Bakersfield can be accommodated by sidewalks and roadways which will be provided
around and throughout the site.
The Marketplace Shopping Center development is consistent with the development
envisioned under the City's general plan (the site is designated as General Co mmerciaO.
No general plan amendments are being requested or will be required to implement this
development. The gross floor area of The Marketplace Shopping Center will be 344,500
square feet. This floor area translates into an overall FAR of 0.24 for ~ development,
which is significantly less than the maximum permitted under the general plan. The
Land Use Element also identifies the location of 'activity centers' within the greater
metropolitan area where increas~ development will be promoted and the project area is
identified in the Land Use Element as a candidate 'intensified activity center.'
The project site is zoned as C-2 (Regional Commercial) in the Bakersfield Zoning Map.
The C-2 zone does not preclude or prohibit the types of ~ses envisioned for The
Marketplace Shopping Center. Section 17.08.040 of the Zoning Ordlnar-"~ permits other
uses aside from those specifically mantioncd under each zone, provided they are similar
to those mentioned in the zone and that 'the Pla~nlng Commission and City Council fmda
the proposed use no more obnoxious or detrimental to the welfare of the COmmtmity.'
The project site ha, not been used for agricultural production in over I0 year~, since the
property owner fried for non-renawal of its con~ract under the Ia~ Conservation
(Williamson) Act in 1980 and 1983. The site h~s been removed from the Williamnon
Act and has not been under contract since 1993. The site is also located outside the
Agricultural Preserve, as designated by the Farm Bureau of Kern County. A Farmland
Conversion Study, prepared in October 1995, concluded that there would not be a
potential negative effect, since the current general plan and zoning designations for the
site generally provide for the future commercial development of the site. Also,
agricultural uses are not permit'~l under the current C-2 zoning which applies to the
development site.
III. A.2. Changes or Alterations to the Project to Avoid Potentially Significant lmpact$.
The implementation of the following mitigation measures identified as part of the
project's environmental review will further reduce the project's potential land use
impacta to levels deemed less than significant:
Mitigation Measure 5.1-I. The City will oversee u~es based on the C-2 zone and
other ordinance restrictions. This is the developer's desire.
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The Marketplace Shopping Center STATEMENT OF FACT$/gTATEMENT OF O~ING CONSlDERATION$
Mitigation Measure 5.1-2. The existing Class II bike lane shall remain in place
along ~e north side of Ming Avenue. This bike lane shall be shown on the f'mal
site plan and final street improvement plans.
III. A.$. Findings with Respect to Significant Impacts Following Mitigation.
Based on the t!~reshold of significance criteria identified previously and the
environmental analysis, The Marketplace Shopping Center project will not result in
any significant adverse impacts related to land use and development. None of the
thresholds of significance related to land use impacts described previously will be
exceeded with this development.
III. B
Supporting Statement of Facts and F'mdings with Respect to Population, Housing,
and Employment Impacts
III. B. 1. Facts in Support of Findings
According to Appendix G of the CEQA Guidelines, a project will normally have a
significant adverse environmental impact on housing or population if it results in a
substantial growth or concentration of population; results in the displacement of a
large number of persons; or exceeds projections for population, housing, or
employment identified in adopted environmental plans or policies,
With respect to housing, population, and employment impacts, The Marketplace
development will not involve residential development, and as a result, will not result
in any increase in local population or honsing in a direct way. The project's potential
population and housing impacts are indirectly related to potential employment
generation, which will occur with the project's construction and subsequent operation.
The Marketplace Shopping Center is anticipated to employ an estimated 1,063
persona, accounting for less than one-half of one percent of the existing employment
base (206,400 jobs). In addition, the projected employment generation for The
Marketplace represents less thaa one percent of the total projected commercial
employment (144,411 new jobs) anticipated under buildout of the Metropolitan
Bakersfield 2010 General Plan. Furthermore, the employment projections identified
in the Metropolitan Bakersfield 2010 General Plan assumed th~ site would be
developed as a commercial center similar to that which is being considered. As a
result, the pwject's potential employment is reflected in the regional employment
projections.
1II. B.2. Changes or Alterations to the Project to Avoid Potentially Significant Impacts.
No mitigation measures in regard to population, housing, and employment impacts
were required or were recommended as part of the project's environmental review.
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C
The Marke~l~ce Shopping Center ~I'ATEMENT OF FACT$1$TATEMF.3rI' OF OVERRIDING CONS!DF. IMFiON$
III. B. 3. Findings with Respect to Significant Impacts Following Mitigation.
Based on the thresholds of significance criteria and the environmental analysis
described previously, The Marketplace development will not exceed regional and local
employment projections. No significant adverse impact on population, housing, or
employment will result from the development's construction and subsequent operation.
111. C Supporting Statement of Facts and Findings with Respect to Earth Resources Impacts
IlL C.I. Facts in Support of Findings
According to Appendix G of the CEQA Guidelines, a project will normally have a
significant adver~ environmental impact on the environment if it results in exposure
of people or structures to major geologic baTnrds; or results in damage or desauction
to unique geologic features.
With respect to earth resources, the project site is located within a seismically active
region, although there are no known or suspected earthquake faults traversing the
development site. Also, there are no designated or proposed Alquist-Priolo Special
Study Zones within ten miles of the site, and no fault rapture bnT~rds are expected in
the project area. Faults in the surrounding region will be potential sources of
groundshaking that would be experienced on-site. As a result, employees and patrons
at The Marketplace Shopping Center will be exposed to on-site seismic and geologic
ha~nrds, however, the level of risk on-site is no greater than that found throughout the
region.
The Marketplace Shopping Center will require additional grading and excavation on-
site to facilitate consauction of the planned structures and infrasaucmre. The site has
previously been graded in preparation for development. This past grading and any
subsequent grading will not lead to significant changes in the overall topography of
the site. The preliminary geotechnical investigation for the site indicates that no
unstable soil conditions are expected with the site's development.
III. C. 2.Changes or Alterations to the Project to Avoid Potentially Significant
Impacts.
The implementation of the following mitigation measures identified as part of the
project's environmental review will furabet reduce the project's potential impacts on
earth resources to levels deemed less than significant:
Mitigation Measure 5.3-1. The developer/contractor shall remove the metal
standpipe and other buried irrigation lines on-site prior to initial consauction, and
all depressions created by the removal of these lines shall be backfilled with on-
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l'he Marketplace Shopping Center STATEMENT OF FAc-I3'/~TATFff4ENI' OF OVEP, PdDING CONSlDF_.P~T!ONS
site soils or acceptshie imported fill materials. This shall be included on all final
soils and grading plans.
Mitigation Measure 5.3-2. The developer/contractor shall excavate and replace
or process moist soils on-site prior to placement and compaction of engineered
fills. This shall be included on all final soils and grading plans.
Mitigation Measure $.$-$. The developer/contractor shall reconsolidate disturbed
surface soils prior to the placement of engineered fills, portland cement, and
asphaltic concrete pavements. This may be done by excavating to at least 12
inches below native ground and compaction of the upper 6 inches of material
exposed at the excavation bottom, or excavation of at least 18 inches and the
excavation bottom proof-rolled in the presence of a geotoclmical engineer. This
work shall be included on all final soils and grading plans.
Mitigation Measure 5.3-4. A geoteehnlcal or civil engineer shall c~rtify that all
site preparation and grading activities and any changes in local subsurfaee
conditions are adequately evaluated, compaction tests are performed, earthwork
operations observed, and compliance with the geotechnical recommendations is
established. This shall be included on all final soils and grading plans.
III. C. 3. Findings with Respect to Significant Impacts Following Mitigation.
Based on the thresholds of significance criteria and the environmental analysis
described previously, The Marketplace Shopping Center will not result h any
significant adverse impacts on earth resources. The mitigation measures are based on
the geologist's recommendations and reflect standard engineering practiees associated
with site preparation. The project will maintain the flat topography of tl~ site. There
are no development constraints present on-site which carmot be corrected using
standard engineering methods. The seismic risk for the site is no greater than that
common to the surrounding area.
111. D Supporting Statement of Facts and Findings with Respect to Water lmpact~
III. D.I. Facts in Support of Findings
According to Appendix G of the CEQA Guidelines, a project will normally have a
significant adverse environmental impact on water resources or water quality if it
results in a substantial deEradation of water quality; results in contamination of the
public water supply; results in substantial degradation or depletion of groundwater
resources; interferences with Eroundwater recharge; involves the use of water in a
wasteful manner; or results in substantial flooding, erosion, or siltation.
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III. E
The Marketplace Shopping Center $'fATEM~b~I' OF !~AC'I~I~I'ATEM~NT OF OVERRIDING CONSiDF-~dI'ION$
With respect to water resources, the future development of the site will involve the
covering of the site with impervious surfaces, which will lead to increases in surface
ranoff volume from the site. The existing absorption rate for the project site is as
high as 90% due to its largely undeveloped character. With the commercial
development, as much as 30.35 acres (or 90 percent) of the site will be paved, with
the resulting runoff from these impervious areas conveyed into area drains. The
development of the site will lead to a decrease in ground absorption on-site, but the
runoff will be conveyed into a nearby sump which will allow runoff to percolate into
the ground.
111.D. 2. Changes or Alteration~ to the Project to Avoid Potentially Significant
Impacts.
The implementation of the following mitigation measure identified as part of the
project's environmental review will further reduce the project's potential impact~ on
water and hydrology to levels deemed less than significant:
Mitigation Measure 5. 4-I. The developer/contractor shall comply with N'PDF_3
requirements on the implementation of measures to reduce pollutants in
construction runoff and to protect stormwater runoff quality from pollutants that
may be generated by operation of the shopping center. This may include regular
parking lot and driveway sweeping; use of drought-tolerant plants aud efficient
irrigation systems and mulch; use of screens at on-site catch basins, etc. Final
drainage plan~ shall ensure these requirements are satisfied.
1II. D.$. Findings with Respect to Significant Impacts Follawing Mitigation.
Based on the thresholds of significance criteria and the environmental ana!ysis
descn'bed previously, The Marketplace Shopping Center will not result in any
significant adverse impacts on water resources. The Bakersfield Public Works
Department has indicated that the existing drainage lines and sump were m, ster-
planned years ago to handle the storm drainage needs of the area, including the
development of the site for commercial uses. Furthermore, the Public Works
Department has indicated that these facilities are adequate to serve The Marketplace
Shopping Center.
Supporting Statement of Facts and l~ndings with Respect to Air Quality Impacts
III. E. 1. Facts in Support of Findings
A. cc~..rding to.Appendix G of the CEQA Guid. elines, a project will normally have a
s~gmficant adverse environmental impact on a~r quality if it results in a conflict with
adopted environmental plans and goals of the COmmqnity where it is located; results
in a violation of any ambient air quality standard, a significant contribution to an
Page
The Marks(place Shopping Cen:er STATEMENT OF FACTS/YI'ATEMENT OF OVERRIDING CONSIDERATIONS
existing or projected air quality violation, or results in exposure of sensitive receptors
to substantial pollutant concentrations.
The potential sources of pollutants associated with the development's construction and
subsequent operation include: (1) short-term construction emissions; (2) long-term
mobile emissions from trucks and vehicles travelling to and from the site once the
development is operational; (3) long-term stationary emission from potential on-site
uses (such as dry cleaners, gas stations, restaurants, and other use of machinery and
equipment on-site); and, (4) long-term stationary emissions from power and gas
consumption.
The greatest potential for aft quality impact from the project may be attributed to
mobile emissions from vehicles. Total daily vehicle emissions are projected to be
approximately 183 pounds of total organic gassea, 1,773 pounds of carbon monoxide,
262 pounds of nitrogen oxides, 117 pounds of PM~o, and 28 pounds of sulfur dioxide.
In addition to vehicular emissions, emissions from power and natural gas consumption
will result in long-term emissions at on-site and off-site sources of power and gas
generation. The combustion of coal, fossil fuels, and natural gas at power plants
providing electrical power and natural gas at the shopping center will be a secondary
source of off-site emissions. These stationary emissions are below thresholds defined
by the San Joaquin Valley Unified Air Pollution Control District.
Odor sources may include food service activities at the supermarket and restaurants,
gas stations, and the accumulation of organic waste near the supermarket area. Some
businesses, such as restaurants with exhaust vents and service stations, are considered
· stationary point sources' and will be subject to regulatory requircmants of the San
Joaquin Valley Unified Air Pollution Control Dimict.
III. E. 2. Changes or Alterations to the Project to Avoid Potentially Significant Impacts.
The implementation of the following mitigation measures identified as part of the
project's environmental review will further reduce the project's potential air quality
impacts. The Lead Agency has considered additional mitigation recommended by the
San Joaquin Valley Unified Air Pollution Control District and the C-olden Empire
Transit District following review of the Draft EIR. The District's recommended
measures have been included with those identified by the Ix. ad Agency. Those
measures which will be effective in reducing the project's emissions include the
following:
MitigationMeasureS.5-1. The developer shall comply with the regulations of the
San Joaquin Valley Unified APCD regarding the control of particulate emissions
and fugitive dust during grading and construction activities. PM~ rules include:
proper maintenance of construction equipment, dust control measures, use of soil
binders, site watering, landscaping, truck covers, etc., which have to be
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l'he Marketplace Shopping Center YlrATEMENT OF FACT$/SI'AI'F_~MF. NT OF OVERRIDING CONS!DERAI'iON$
implemented until all construction activities are completed. A letter from APCD
stating that these measures are to be completed must be submitted to City
Planning prior to issuance of initial construction permit. (AQAP Policy 29)
Mitigation Measure 5.5-2. An information kiosk or display shall be provided by
the developer in the CenWal Plaza indicating bus schedules and dial-a-ride phone
numbers. This kiosk shall be included in the final site plan. The kiosk will
indicate bus tickets and/or passes are available at the Center's Management office.
Mitigation Measure 5.5-3. Pedestrian crosswalks must be delineated on Camino
Media and Ming Avenue (at least one crosswalk on each street must be provided).
Evidence of compliance shall be included on the final site plan. Bicycle- and
pedestrian-accessible traffic control devices shall be provided on the cotmeeting
crosswalk between the Center and California State University, Bakersfield
campus.
Mitigation Measure 5.5-4. Bicycle racks (each rack to have a minimum capacity
for 10 bicycles) shall be provided at strategic locatious within the center.
Locations for placement of bike racks shall at a minimum include near the
theater, the supermarket, and to the west of the central plaT~ These rack
locations shall be delineated on the final site plan.
Mitigation Measure 5.5-5. Restaurants using charbroilers shall be required to
install grease-~xtracting exhaust hoods gut are at least 95% efficient. An
electrostatic precipitator (with a m[nimulll collection efficiency of 90~) must be
installed downstream from the exhaust hood. Written verification of such shall
be submitted to the Building Dept. when permits are requested.
Mitigation Measure 5.5-6. An additional control device 'downstream' from the
grease exWactor must be installed. This device may include either an air
absorption filter system or an afterburner with a minimum ROG destruction
efficiency of 95%. Written verification of such shall be submitted to the Building
Dept. when permits are requested.
Mitigation Measure 5.5-Z Direct pedesuhn access will be provided to connect
the main cnWance of the project and the theater entrance with existing or future
public transit stops and sidewalks. Such access shall consist of paved walkways,
ramps, and/or stairways, and shall be physically separated from the parking areas
and roadways. These pedestrian access ways shall be delineated on the final site
plan.
Mitigation Measure 5.5-8. Preferential priority parking areas shall be provided
for those employees who rideshare. These parking areas shall be shown on the
final site plan.
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The Marketplace Shopping Center
Mitigation Measure 5.5-9. Employers shall be encouraged to implement
compressed work week schedules for employees. Said encouragement shall be
provided as a written recommendation submitted to future site tenants upon
execution of their respective lease agreements.
STATEMENT OF FACTS/STATEMENT OF OVERRIDING CONSlDERAIION$
Mitigation Measure 5.5-10. The applicant shall consider District Rule #2303.
Mobile Source Emissions Reduction Credit Rule, to the extent feasible, to offset
the emissions from this project and provide additional mitigation.
Mitigation Measure 5.5-11. A 15'x10' concrete pad shall be constructed as
a passenger waiting area on the south side of Camino Media adjacent to
Building raG.' This location is between the driveways.
Mitigation Measure 5.5-12. A 15 'x10' concrete pad shall be constructed as a
passenger waiting area on the west side of Haggin Oaks Boulevard adjacent
to Building "A."
Mitigation Measure 5.5-13. A bus shelter shall be installed at each of the
passenger waiting areas. The District will provide the developer with shelter
specifications.
IILE.$. Findings with Respect to Significant Impact~ Following Mitigatioa
The project will not exceed thresholds of significance for point source stationary
emissions or the State one-hour or eight-hour standards for CO concentrations.
The traf~c generated by The Marketplace Shopping Center will result in areawide
emissions, which in turn will contn'bute to the current non-attainment conditions.
This commercial development is contemplated under the Metropolitan Bakersfield
2010 General Plan and serves to implement the Plan's 'centers concept,' which is
designed to reduce vehicle trips and travel time, translating into improved air
quality. In addition, the patrons of the center are expected to consist of
individuals living, working, or attending school in the vicinity of the development
site. Since these individuals are currently traveling longer distances to obtain the
goods and services that will be offered at The Marketplace, the proposed project
will reduce these existing trip lengths, resulting in improved local air quality. The
project reflects the focus of the General Plan's Land Use Policy on improving
regional air quality through land use planning. However, the mitigation measures
will provide further reduction of areawide emissions. No significant adverse
impacts are anticipated. Significant cumulative air quality impacts were identified
and appropriate findings in this regard are considered in Section IV of this
document.
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Marketplace Shopping Center ~I'AIF. MENT OF FA~;t3'/~I'ATEMENT OF OVERRIDING CONS!D~.R~TIO, V$
III. F
Supporting Statement of Fact~ and Findings with Respect to Transportation,
Circulation, and Parking Impacts
I1LF. 1. Facts in Support of Findings
According to Appendix G of the CEQA Guidelines, a project will normally have
a significant adverse impact on traffic and circulation if it causes an increase in
traffic which is substantial in relation to the existing traffic load and capacity of the
street system. The Kern County Congestion Management Plan (CMP) requires
a minimum LOS of E on all roads in the CMP network.
With respect to traffic, at buildout the development is projected to generate
approximately 18,710 external trips-ends per day, with 695 vehicle trips per hour
during the AM peak hour, and 1,885 vehicles per hour during the PM peak hour.
The mixed-use nature and overall size of the project are also expected to result ha
a certain number of trips occurring entirely within the project site.
The traffic analysis indicated that, with the areawide improvements and without
the addition of project-generated traffic, four intersections are projected to operate
at a LOS D or worse by the year 2005. These intersections include Haggin Oaks
Drive/3~iing Avenue, Gosford Road/Stockdale Highway, Gosford Road/Ming
Avenue, and Ashe Road/Ming Avenue.
Because of the mixed-use character of the project, the parking analysis considered
the concept of 'shared parking' which recognized that peak parking demand for
different types of uses may occur at different times of the day. Using this
technique, the peak parking demand was estimated to be approximately 1,627
parking spaces. The project site will provide for 1,860 parking spaces, which
exceeds the projected peak demand of the development.
III. F. 2 Changes orAlterations to the Project toAvoid Potentially Significant Impact~
The implementation of the following mitigation measures identified as part of the
project's environmental review will further reduce the project's potential traffic
impacts to levels deemed less than significant:
Mitigation Measure 5.6-1. To accommodate existing and anticipated project
traffic conditions, traffic signals shall be installed at the inte~ecfion of the
project entrance/Ming Avenue and Haggin Oaks Drive/Camino Media. The
applicant shall participate in the improvements required on a pro-rata fair-
share basis as provided in Table 5-18. All traffic signals shall be shown on the
final site plan and final street improvement plans.
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The Marketplace Shopping Center
Mitigation Measure 5.6-4. The developer shall provide 200-foot minimum
spacing centerline to centerline between the southerly project driveway and
Ming Avenue along Scarlet Oak Boulevard. This shall be shown on the final
site plan and final street improvement plans.
STATEMENT OF FA~IYI'A1~.MEN~ OF OVERPJDING CONSIDERATIONS
Mitt~ation Measure 5.6-5. The traffic signals required within the study area at
buildout shall specifically include an interconnect of the signals to function in
a coordinated system. This shall be shown on the final site plan and final
street improvement plans.
MitigationMeasureS. 6-6. Traffic signing/striping within the project boundaries
shall be implemented in conjunction with the final site plan and final street
improvement plans.
Mitigation Measure 5.6-Z Sight distance at each intersection shall be reviewed
with respect to City of Bakersfield sight distance standards at the time of
preparation of final grading, landscape, and street improvement plans, by the
City Traffic Engineer.
Ili. F.3. Findings with Respect to Significant Impacts Following Mitigatiom
Based on the thresholds of significance criteria and the environmental analysis
described previously, the project will generate vehicular traffic on area roadways
which can lead to traffic congestion on roadway segments and intersections beyond
LOS C. Furthermore, the project will provide sufficient parking to meet projected
demand. With the recommended intersection improvements as well as the on-site
and off-site improvements, study area intersections are projected to operate at
Level of Service "C" or better during the PM peak hour for Year 2005 traffic
conditions with the project. The mitigation measures will further alleviate traffic
congestion, reduce traffic hazards to motorists, pedestrians, and bicyclists, and
promote the use of public transportation. As a result, impacts on traffic and
circulation are expected to be less than significant following mitigation.
III. G Supporting Statement of Facts and Findings with Respect to Biological Impacts
IlL G. 1. Facts in Support of Findings
According to Appendix G of the CEQA Guidelines, a project will normally have
a significant adverse impact on biological resources if it results in a subslantial
effect on a rare or endangered animal or plant species, or the habitat of the
species; results in a substantial intederence with the movement of any resident or
migratory fish or wildlife species; or results in a substantial reduction in the habitat
for fish, wildlife, or plants.
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l'he Marketplace Shopping Center SlATEMEAT OF FACTS/Sl,~TEMENT OF OVERRIDING CONS!DF, RAT!ONS
The project site has been graded, and no sensitive habitats are present on-site.
Future development will remove any future possibility of the site being used as
habitat by sensitive plant or animal species. The site plan for the project shows
that as much as 30 acres of the site will be paved or built over. The remaining
3.08 acres will consist of open areas around buildings which will be landscaped
with grass and ornamental species. Trees will also be provided throughout the
parldng lots and along the roadways, and box trees will be provided at the main
plaza.
The Conservation Element of the Metropolitan Bakersfield 2010 General Plan
indicates that remaining ecologically significant habitats within the City's planning
area are confined to the Kern River and the areas immediately adjacent to the
River. The development site is not located within or adjacent to any significant
ecological area. Due to the development site's location and proximity to
surrounding urban development, the site is not considered a sensitive natural
community nor an active or potential corridor for the movement of wildlife.
III. G. 2 Changes or Alterations to the Project to Avoid Potentially Significant
Impact.
Habitat Conservation fees for the project will be calculated based on the fee in
effect at the time (currently $1,240 per gross acre) payable to the Planning
Department prior to the issuance of an urban development permit as defined in
the Implementation and Management Agreement for the Metropolitan Bakersfield
Habitat Conservation Plan. Upon payment of fees, the applicant will receive
acknowledgement of compliance with the Metropolitan Bakersfield Habitat
Conservation Plan. No further mitigation was required or recommended as part
of the environmental analysis.
III..G.3. Findings with Respect to Significant Impacts Following Mitt~ation,
Based on the thresholds of significance criteria and the environmental analysis
described previously, The Marketplace Shopping Center will not result in
significant adverse impacts on biological resources. Payment of HCP fees will
allow the acquisition and preservation of approximately 33.43 acres of natural
habitat areas in the County.
111.H
$uppam~g Statement of Fac~s and Findings with Respea to Risk of Upset and Human
Health Impacts
III. H.I. Facts in Support of Findings
According to Appendix G of the CEQA Guidelines, a project will normally have
a significant adverse impact on risk of upset and human health if it creates a
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Marketplace Shopping Center b~TAI2~MENT OF FACT~/~'TATEMENT OF OVERRIDING CONSIDERATIONS
potential public health hazard or involves the use, production, or disposal of
materials which pose a hazard to human, animal, or plant populations.
In the event valley fever spores are found on-site, there is a potential for the
infection of construction workers, as well as surrounding residents, office
employees, and students at CSUB, in the absence of mitigation. Covering of the
soil with landscaping/pavement, or wetting of the soils, would reduce the potential
release of valley fever spores. In addition, mitigation measures designed to reduce
the amount of fugitive dust (including PM~0) will further reduce the likelihood of
valley fever. Since The Marketplace development will involve the paving of most
of the 33.43-acre site and remaining open areas will be landscaped, future
employees, tenants, and patrons of the center are not expected to be exposed to
the spores causing valley fever.
The Phase 1 Environmental Site Assessment undertaken for the project site
indicates that there is a very low to negligible probability that the site has been
contaminated by the use, storage, or transport of hazardous materials from on-site
or off-site activities. Soil borings on-site showed no soil discolorations, no
chemical/hydrocarbon aromas, nor other signs of contamination. Past agricultural
uses are expected to have left traces of pesticides and fung/cides on surface soils.
These levels are not expected to be significant due to the 12-year period in which
the site was fallow, prior to development.
Once the development is operational, hazardous materials that will be present on-
site will/nclude those household chemicals commonly found in the grocery store,
pharmacy, or other commercial uses which may sell the products. A gnsoline
station is planned for the southwest corner of the site. This facility will store and
dispense gasoline and diesel fuels which are known hazardous substances. The
level of risk for this use is no different than that found at other retailers in the
area. Measures required by the City Fire Depathaent and the APCD include
standards and regulations regarding the storage, handling, and use of these
materials.
The site plan has been reviewed by the Fire Department, and emergency access
is considered adequate, subject to the designation and posting of fire lanes. The
presence of twelve driveways at the site also provide adequate on-site emergency
evacuation in case of an emergency. Provision of emergency exits and access, fire
alarms, and other requirements of the Fire Department will ensure that emergency
access is not hampered at any time.
III. H.Z Change~ or Alterations to the Project to Avoid Potentially Significant
Impacts.
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l'he Marketplace Shopping Center STATEMF. NT OF FACTS/~TATEMENT OF OVERRIDING CONSIDERATIONS
The implementation of the following mitigation measures identified as part of the
project's environmental review will further reduce the project's potential risk of
upset and public health impacts to levels deemed lass than significant:
Mitigation Measure 5.8-L The developer shall have soils tests performed to
determine concentrations of pesticides and fungicides which may be present
on the ground and to preclude health hazards to future employees and
patrons on-site. The results of these tests shall be included in the final soils
report or as a separate report to the Building Department prior to issuance
of the initial Building Permit.
Mitigation Measure 5.8-2 All areas with bare soils shall be landscaped at the
earliest time poss~le or watered daily to reduce the potential inhalation of
spores causing valley fever. All construction workers must be informed as to
the symptoms of valley fever by all contractors. A written guarantee from the
developer/contractor specifying that construction workers have been informed
of the systems and bare soils to be watered da~y or landscaped shall be
submitted to City Planning prior to commencement of initial construction.
III..H. 3. Findings with Respect to Significant Impacts Following Mitigation.
Based on the thresholds of significance criteria and the environmental analysis
described previously, The Marketplace Shopping Center will not result in
significant adverse impacts in terms of risk of upset/human health~
Implementation of the recommended mitigation measures will further reduce
impacts to levels deemed less than significant.
1U.l
Supporting Statement of Facts and Findings with Respect to Noise Impacts
III. I. 1. Evidence in Support of Findings
According to Appendix G of the CEQA Guidelines, a project will normally have
a significant impact on the environment if it results in a substantial increase in the
ambien~ noise levels within the adjoining areas. An increase of 5 dBA is
percept~le to most persons and may be considered a threshold of significance for
noise impacts. In addition, the Noise Element of the Metropolitan Bakersfield
2010 General Plan establishes a maximum exterior noise level of 65 dB CNEL and
a maximum interior noise level of 45 dB CNEL for noise-sensitive !and uses.
Construction activities will result in noise levels ranging from 65 to 88 dBA
depending on the number and types of equipment that are in operation during a
given period of time. Noise levels fifty feet from a construction site are estimated
to range from 75 to 89 dBA during various phases of construction, with the
noisiest equipment generating noise levels of 85 to 98 dBA. At 100 feet, the peak
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The Marketplace Shopping Center STATEMENT OF FACTS/SI'ATEMEIff OF OVERRIDING CONSIDERATIONS
construction noise will be approximately 64 to 89 dBA. At 200 feet, the peak
construction noise will be approximately 58 to 83 dBA. Beyond 500 feet, the rate
of noise reduction in relation to distance is even greater.
The analysis undertaken as part of the Draft EIR indicated that the greatest noise
impact will occur on Camino Media west of Haggin Oaks Drive, and on Ming
Avenue west of Haggin Oaks Drive. Traffic noise levels along the aforementioned
segment of Ming Avenue will increase by approximately 4 dB, and this increase
may be perceived by residences located immediately south of Ming Avenue.
However, the existing wall along south side of Ming Avenue will attenuate traffic
noise, and the increased noise levels will not exceed indoor standards established
under the Metropolitan Bakersfield 2010 General Plan. The ambient outdoor
traffic noise levels (50 feet from the roadway centerline) will not exceed 65 dB.
The loading and receiving areas are located on the north side of the shopping
center and along the west side of those retail uses located east of the future
Scarlet Oak Boulevard. This noise will be associated with truck movement to and
from loading docks, idling trucks, operation of refrigeration units, forklifts at the
loading docks, roll-up doors, and activity related to the delivery and unloading of
goods. The commercial buildings (averaging 23-34 feet in height) will be located
between the loading areas and the residential units to the south. Thus, a
significant reduction in noise levels will be poss~le with the sound attenuation
provided by the commercial structures.
On-site commercial activities may also result in long-term stationary noise impacts.
These noises may come from public announcement systems, fast-food drive-thru
speakers, and other activities held outdoors. These noises would affect adjacent
residents if they are located along the southern boundary of the site. Other
intermittent noise sources include lawn mowers, grass blowers, and other
equipment used at the parking lots and open areas.
III. I. Z Changes or Alterations to the Project to Avoid Potential~y Significant Impacts.
The implementation of the following mitigation measures identified as part of the
project's environmental review will further reduce the potential noise impacts to
levels deemed less than significant:
Mitigation Measure 5.9-L The developer/applicant shall notify all property
owners within 300 feet of the project boundaries that they will begin
construction on the project. This notice shall be sent by mail to those
property owners at least 14 days prior to commencement of initial
construction. Written verification of such notice shall be provided to the
Planning Department
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l'he Marketplace Shopping Center ~TATEMENT' OF FACTS/~'I'AI'EMENT OF OVERRIDING CONSIDERATIONS
Mitigation Measure 5.9-Z The developer/contractor shall schedule all
construction and general maintenance activities between the hours of 6 a.m.
and 9 p.m., and between 8 a.m. to 9 p.m. on weekends, with no construction
on legally-proclaimed holidays. Written guarantee from the
developer/contractor shall be submitted to City Planning prior to the issuance
of the building permit for initial construction.
Mitigation Measure 5. 9-3. The developer/contractor shall equip all construction
equ!pment with properly-operating mufflers, and shall not operate combustion
equipment such as pumps, compressors, or generators within 300 feet of any
occupied residence from 6:00 p.m. to 9:00 a.m., unless the equipment is
surrounded by a noise protection barrier. Written guarantee shall be provided
both developer/applicant to the Planning Department prior to covenant of
construction.
Mitigation Measure $.9-4. Construction equipment and loading staging areas
shall be located at least 500 feet from the existing residences in the Haggin
Oaks neighborhood. Written guarantee shall be provided both
developer/applicant to the Planning Department prior to covenant of
construction.
Mitigation Measure 5.9-5. No public announcement systems shall be allowed
on-site, and fast food drive-through speakers shall not be operated between
10:00 p.m. and 7 a.m. The final site plan shall also note on all drive-thru
restaurants that speakers will not operate between 10:00 p.m. and 7:00 a.m.
seven days a week.
IILL3. Findings with Respect to Significant Impacts Following Mitt~atio~
Based on the thresholds of significance criteria and the environmental analysis
descn'bed previously, The Marketplace Shopping Center will not result in
significant adverse impacts relating to noise, upon implementation of the
recommended mitigation measures.
IllJ Supporting Statement of Facts and Findings with Respea to Public Service Impacts
IILJ. 1. Facts in $uppon of Findings
According to Appendix G of the CEQA Guidelines, a project will normally have
a significant adverse impact on public services if it requires an alteration or
expansion of public services.
According to the Bakersfield Fire Depa~'tment, existing service levels are adequate
to serve The Marketplace Shopping Center, with no need for expanding
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The Marketplace Shopping Center
capabilities or increasing staff. Compliance with fire safety standards and
requirements such as sprinkler systems, fire alarms, emergency access, emergency
exit routes, and adequate fire flow at public and on-site hydrants will be required
during the plan check process. The Bakersfield Fire Department also indicated
that the fire flow at existing hydrants near the site is currently at 3,500 gpm, which
is adequate to serve the shopping center.
STATEMENT OF F,4CT~/STATEMENT OF OVERRIDING CONSIDERATIONS
Future development of the site will require additional police surveillance and
services, resulting in additional service demands on the Bakersfield Police
Department. According to the Police Department, there are adequate resources
to serve the development at this time.
III. J.Z Change~ orAlterations to the Project to Avoid Potentialb, Significant Impacts.
The implementation of the following mitigation measures identified as part of the
project's environmental review will further reduce potential impacts on public
services to levels deemed less than significant:
Mitigation Measure 5.10-L Prior to the issuance of the first Certificate of
Occupancy, the developer shall submit a fire safety education plan to the Fire
Chief for review and approval that provides written guarantee shall be
provided by the developer/applicant regarding this condition.
MittRation Measure 5.10-2. .Prior to the issuance of the first Certificate of
Occupancy, the developer shall submit a Security Plan to the Bakersfield
Police Department for review and approval, which substantially incorporates
measures such as the following:
Provision of on-site security guards;
Security lighting at parking areas, loading areas, and walkways;
Use of dead bolts, closed-circuit televisions, security lighting and
alarms, and other design features to increase on-site security;,
Elimination of dead spaces and areas of potential concealment; and,
Provision of vis~le addresses and access to emergency vehicles.
MittRation Measure §.10-3. The developer shall provide the Police and Fire
Departments with the final approval for floor plans prior to issuance of the
first Certificate of Occupancy for the shopping center to allow for fast
emergency access and response.
Ill. J. 3. Findings with Respect to Significant Impacts Following Mitigation.
Based on the thresholds of significance criteria and the environmental analysis
descn3ed previously, The Marketplace Shopping Center is not expected to result
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The Marketplace Shopping Center YI'AI'L~IEN]' OF FACTS/STAIF. MF_31'I' OF OVERRIDING CONSIDERATIONS
in significant and adverse impacts on fire protection and law enforcement services
upon implementation of the recommended mitigation measures.
Illa~ Supporting Statement of Facts and Findings with Respea to Utilities Impacts
IILK1. Facts in Suppon of Findings
According to Appendix G of the CEQA Guidelines, a project will normally result
in a significant adverse impact on utilities if it results in activities that result in the
use of large amounts of fuel, water, or energy;, involves the use of fuel, water, or
energy in a wasteful manner; and/or involves the extension of a sewer trunk line
with capacity to serve new development. In addition, any development which will
require a substantial modification or upgrading of existing infrastructure will have
a significant impact on the environment.
The development will require service connections to existing utilities and will
consume nearly 1 million cubic feet of natural gas per month, or approximately
32,512 cubic feet per day. Also, the project will require over 10 million kilowatt
hours of power per year, or 27,507 kilowatt hours of electricity per day. PG&E
and SCG provide power and natural gas service on demand, and significant
impacts are not expected from the construction and implementation of The
Marketplace Shopping Center.
Development of the site will require additional connection to water service lines.
A water service connection will be made to existing water lines on Ming Avenue,
Haggin Oaks Drive, and Camino Media. Consultation with the City of Bakersfield
Ashe Water Division has determined that the project can be adequately served
with water without adverse impacts on the City of Bakersfield Ashe Water
Division's supply, system and facilities.
The Marketplace Shopping Center will generate approximately 101,888 gallons of
sewage per day. Based on consultations with the City's Public Works Department,
there is available treatment capacity to serve the sewage disposal and treatment
needs of the project at Treatment Plant No. 3 and at local sewer trnnks. No
facility upgrades will be necessary to serve The Marketplace. Payment of
connection fees will be required to allow for the future expansion of sewage
treatment facilities to serve the increase in sewer service demand in the area. An
assessment district for the area funds the necessary sewer trunk upgrades. As a
result, no significant adverse impact on sewer services is expected.
The storm drain system for the area was master-planned as pan of the
surrounding development, and there are no deficiencies in the drainage line or
sump capacities in the area. The Marketplace development will lead to increases
in runoff volume, as vacant areas are paved over and built on with commercial
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The Marketplace Shopping Center STATEMENT OF FACI~/SI'AIEMENT OF OVERRIDING CONSlDF. RATION$
structures. Stormwater runoff from The Marketplace Shopping Center will drain
into existing storm drain facilities. Consultation with the Public Works
Department indicates there is available capacity at the existing storm drain lines
and sump that would be serving the project. No off-site storm drain improvements
will be necessary for the project.
Trash refuse areas will be located throughout the project site. The City Sanitation
Division has indicated that solid waste collection will be provided daily. The larger
uses (supermarket, theater, offices, and uses with 10,000 square feet of floor area
or more) are required to use roll-off compactors. Aside from collected solid
wastes, litter in the parking area and other public places on-site is expected to
occur. In order to reduce this problem, trash receptacles will be placed at
convenient locations throughout the center. Regular parking lot and sidewalk
sweeping will also be made part of maintenance activities on-site. The
Marketplace development will generate nearly one ton of solid waste per day
(based on 5 pounds per thousand square feet of floor area). The City will provide
solid waste collection service to the site (from 1 to 6 days a week), as needed by
the individual tenants on-site. These wastes will be brought to the County-
operated Arvin or Bena Landfills, located approximately 40 miles from the site.
There is available capacity at the Arvin and Bena landfills to accommodate the
waste disposal needs of the development.
III. KZ Changes orAIterations to the Project to Avoid Potentially Significant Impacts.
The implementation of the following mitigation measures identified as part of the
project's environmental review will be effective in reducing potential utility impacts
to levels deemed less than significant:
Mitt~ation Measures §.11-1. The developer shah incorporate water
conservation features and appliances into the design, construction, and
operation of the project. These include:
Water-conserving plumbing fixtures and appliances shall be used which
may include ultra-low flush toilets, low-flow showerheads, low-flow
faucets, water-efficient appliance and equipment, and an on-site leak
detection program.
All applicable sections of Titles 20 and 24 of the California Code of
Regulations regarding water consumption and conservation shall be
enforced by the Building Depa~hiient.
Irrigation systems that minimize runoff and evaporation, and maximize
water availability to plant roots, shall be required. Drip-line irrigation,
soil moisture sensors, and automatic irrigation systems are acceptable
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l'he Marketplace Shopping Center S'I'ATEM,~N~ OF FACTS/STATF_.MF_.3II' OF OVERRIDING CON$1DF. RAIlON$
water-saving irrigation methods. Such shall be included in the final
landscape plan.
· Provide self-closing drinking fountains and faucets in public restrooms.
Mitigation Measure $.11-Z The developer shall provide a written verification
from the Sanitation Department that they have coordinated recycling
programs at The Marketplace Shopping Center, which may include cardboard
of~ce white paper, glass, aluminum cans, and green waste recycling, as well
as use of recycled or recyclable materials.
Mitigation Measure 5.11-3. In accordance with Title 24 of the California
Administrative Code and in coordination with PG&E, the developer shall
incorporate energy conservation features and appliances into the design,
construction, and operation of the project. These features shall be
incorporated into the final building plans.
Mitigation Measure 5.11-4. Trash receptacles shall be provided at convenient
locations throughout the center. These shall be shown on the final site plan.
III. K3. Findings with Respect to Significant Impacts Following Mitt~atior~
Based on the thresholds of significance criteria and the environmental analysis
described previously, The Marketplace Shopping Center will not result in
significant or adverse impacts on utilities. Mitigation Measures outlined above will
reduce the demand for services to levels considered less than significant.
III. L Supporting Statement of Facts and Findings with Respect to Aesthetic Impacts
IILL1. Facts in Support of Findings
According to Appendix G of the CEQA Guidelines, a project will normally have
significant adverse aesthetic impacts if the proposal has a substantial, demonstrable
negative aesthetic effect.
The development will consist of structures featuring one- and two-story buildings
and covering a total of 344,500 square feet of floor area on-site. The Design
Center building will be demolished and replaced with a larger 6,000-square foot
structure which will be occupied by a dinner house restaurant. The development
will change the open space character of the site to more intensive commercial
development. The commercial retail uses will be contained within one-story
structures, the office buildings will be two-story, and the movie theater will be a
one-story structure with a mezzanine level.
- Page 25 -
~he Marketptace Shopping Center $TATEMF. N1' OF JrAL'T$/S'I'AI'F_.MEN1' OF OI~dDING CONSIDERATIONS
The future development of the site will include parking light poles and other
exterior lighting around the shopping center (street lights, parking lot lights,
entryway lights, plaza and walkway lights, lighted signs, and interior building
lights). These on-site light sources may create spillover light impacts on
surrounding land uses in the absence of mitigation. Based on the lighting plan for
The Marketplace, parking lot lights will consist of 14,000 to 40,000 lumen lamps
on 10- 20- 30- and 40-foot poles. The 20-foot poles will be located along the
southern portion of the site, along Ming Avenue. The main parking lot at the
center of the site will have 30-foot poles. The northern portion of the site, near
the office buildings and theater, will have 40-foot poles. The average lighting
levels will be 2.5 footcandles, with a maximum of 11 footcandles.
Cars coming into and fi'om the site during the late evening hours would also cause
headlight glare. The University campus sports fields and maintenance areas and
the Kaiser Permanente office building will not be adversely impacted by the
project's spillover light and headlight glare, since these facilities are generally not
in use during the evening hours. A six-foot high wall is located along the south
side of Ming Avenue, and will protect the residences along Ming Avenue ~rom
potential headlight glare.
III. L Z Changes or ~41terations to the Project to Avoid Potential~ Significant Irnpact~
The implementation of the following mitigation measures identified as part of the
project's environmental review will further reduce the project's aesthetic impacts
to levels deemed less than significant:
Mitigation Measure 5.12-1. Open areas shall be landscaped and maintained in
good condition consistent with the final landscape plan.
Min~ation Measure 5. I2-Z 36-inch boxed evergreen'trees proposed along the
southern property line directly adjacent to single family residential dwellinga
shall be planted in a staggered/off-set pattern rather than in a straight line to
provide overlap and ensure more effective buffering for residential properties
to the south. Upon installation, all such shall have a minimum caliper size of
3 inches and minimum height of 20 feet. Sizes shall be verified by the City
at the final landscape inspection.
Min~ation Measure 5.12-3. The developer shall design exterior elevations and
facades to have less than 50% of each building elevation contain glazing,
mirrors, or reflective materials.
Mitigation Measure 5.12-4. Low-wattage security lighting not to exceed 40,000
lumens at the source shall be utilized, and shall be shielded so as not
- Page 24-
The Marketplace Shopping CenterSTATEMENT OF FACI'S/STATEMEN1' OF OVERRIDING CONSlDER~IION~
adversely affect off-site locations. The lighting shall be shown on the final site
plan.
11131
III. L3. Findings with Respect to Significant Impacts Following Mitigatiott
Based on the thresholds of significance criteria and the environmental analysis
described previously, The Marketplace Shopping Center will not result in
significant adverse impacts in relation to aesthetics and light and glare, upon
implementation of the recommended mitigation measures.
Supporting Statement of Facts and Findings with Respect to Cultural Resource Impacts
III. M. 1. Facts in Support of Finding
According to Appendix G of the CEQA Guidelines, a project will normally have
a significant adverse impact on cultural resources if it disrupts or adversely affects
a prehistoric or historic archaeological site or a property of historic or cultural
significance to a community, ethnic, or social group, or a paleontological site
except as part of a scientific study.
The Southern San Joaquin Valley Archaeological Information Center indicated
that it is not poss~le to predict the archaeological or historical sensitivity of the
property. Since the site has been graded and all native vegetation removed, the
Information Center does not recommend a survey of the site at this time. If
cultural resources are unearthed, all work must halt and a qualified archaeologist
must be called in to evaluate the finds and make appropriate recommendations for
preservation or protection.
The real estate office on the southeast comer of the site is not historical and does
not represent any unique cultural value. No other unique cultural values are
known to be associated with the site. The development and operation of The
Marketplace Shopping Center does not have the potential to cause a physical
change to unique ethnic cultural values in the area.
III. M.Z Changes or ~qlterations to the Project to Avoid Potentialb~ Significant
Impacts.
The implementation of the following mitigation measures identified as part of the
project's environmental review will further reduce the project's potential impacts
on cultural resources to levels deemed less than significant:
MitigationMeasureS. 13.1. If archaeological or paleontological resources are
discovered during excavation and grading activities on-site, the contractor shall
- Page 25 - c'c~ ~ ....~
The Marketplace Shopping Center~TATEM~.NT OF F,4CIx'/STAFF. MENT OF OVERRIDING CONSlDER,4TIOb~
stop all work and the developer shall retain a qualified archaeologist to
evaluate the significance of the finds and the best c6urse of action. Salvage
operation requirements in Appendix K of the CEQA Guidelines shall be
followed, and the treatment of discovered Native American remains shall
comply with State codes and regulations of the Native American Heritage
Commission. Evidence of compliance shall be supplied by the
developer/contractor to City Planning should such resources be discovered.
IILM. 3. Findings with Respect to Significant Impacts Following Mitigatioa
Based on the thresholds of significance criteria and the environmental analysis
described previously, the project has a limited potential to impact cultural
resources. Implementation of the recommended mitigation will ensure that no
significant adverse impact on cultural resources will occur during the construction
of The Marketplace.
IV. Supporting Statement of Facts and Findings with Respect to the Analysis of Cumulative
Impacts
Supporting Statement of Facts and Findings H'ith Respect to Cumulative Land use and
Planning Impacts
IVM~ 1. Facts in Support of Findings
The environmental analysis indicated future development in the Urban Southwest
Planning Area between 1995 and 2005 would comprise an estimated 16,185 new
dwelling units, 1.3 million square feet of commercial development, 3~5 million
square feet of industrial uses, 1.5 million square feet of institutional uses, 35 acres
of recreational uses, and 900,000 square feet of other uses. Of the overall new
commercial development anticipated during the period, The Marketplace Shopping
Center would represent approximately 26.:5 percent.
IV.A.Z Findings with Respect to Significant Effects
The potential cumulative land use impacts associated with this development are,
for the most part, site-specific. In that development within the Urban Southwest
Planning Area is anticipated to occur in accord with the Metro 2010 Plan and
attendant zoning classifications, potential cumulative effects upon !and use and
planning are not anticipated to be significant.
- Page 26 -
The Marketplace Slumping Center ~'I'AI'EME3rl' OF FACTS/STATEMENT OF OVERP, IDING CON$1DEP~FION$
Supporting Statement of Facts and Findings FFtth Respect to Cumulative Population,
Homing and Employment Impacts
IEB. I. Facts in Support of Findings
Based on an average household size of 2.853 persons, potential cumulative
residential development of 16,185 units may generate as many as 46,176 new
residents. Furthermore, non-residential development may result in the creation of
more than 15,000 new employment opportunities.
1EB. Z Findings with Respect to Significant Effects
The environmental analysis indicates employment within both the City of
Bakersfield and general Metro 2010 Plan area for the year 2010. In that increases
in population, housing, and employment attributable to potential cumulative
development are within the local and regional projections for the Bakersfield
metropolitan area, population, housing, and employment impacts are not
considered cumulatively significant.
/V.C
Supporting Statement of Facts and Findings ~F'tth Respect to Cumulative Impacts on
Water Resources
I'E. C1. Facts in Support of Findings
Cumulative development will result in the replacement of natural/pervious ground
surfaces with impervious surfaces (asphalt, concrete pavement, structures, etc.)
which will prevent or inIu'bit natural percolation. The presence of areawide sumps
to serve the drainage needs of future development are expected to allow
percolation. Urban pollutants that end up at sumps and percolate into the ground
would increase with the related projects and The Marketplace Shopping Center.
IE.C.Z Findings with Respect to Significant Effect~
Compliance with measures to protect storm runoff quality and groundwater
resources, as well as the presen, ation of the resources of the Kern River, will
prevent adverse impacts on water and hydrology. As a result, cumulative effects
upon water resources are not considered to be significant.
- Page 27- ,5 ~
The Marketplace Shopping Center STATEMENT OF FACTSlSTAI'F. MENI' OF OVERRIDING CONSlDF.~ITIONS
IV.D Supporting Statement of Facts and Findings With Respect to Cumulative Air Quality
Impoas
IE.D. 1. Facts in Support of Findings
Cumulative development will contribute both short-term (construction-related) and
long-term (operations-related) emissions to the San Joaquin Valley Air Basin. The
degree to which emissions can be expected is highly dependent upon the timing
and extent to which each incremental phase of development occurs. At this time,
it is imposable to advance a development scenario with sufficient meaning and
relevance by which to assess the potential for cumulative short-term construction-
related emissions to occur.
IE.D.Z lrmdings with Respect to Significant Effects
Long-term (operations-related) mobile emissions attributable to cumulative
development will be a function of the spatial distn3ufion of the various land use
types anticipated, the functional interrelationships among such !and uses, and the
resultant associated vehicle miles traveled. In this regard, implementation of the
Metro 2010 Plan is oriented toward the realization of a 'centers' concept in which
employment, residential, and requisite service commercial uses are to be located
in close proximity to one another. One purpose for th~s land use planning concept
is to reduce vehicle miles travelled and resultant air emissions.
C
However, given that: 1) the Final EIR which addressed the implementation of the
Metro 2010 Plan identified air pollution as an unavoidable significant effect; and,
2) that the subject air basin is in non-attainment and without a firm date by which
attainment will be achieved, the impacts of the cumulative development addressed
herein upon air quality are also considered unavoidably significant.
In this regard, such effects are only mitigable via the concer~ed efforts by local,
regional, state, and federal jurisdictions to continue implementing the
aforementioned emission reduction strategies and develop/implement additional
ones as warranted.
Supporting Statement of Facts and Findings with Respect to Cum~!a_~ve Transportation
and Tra.~c lmpactv
IE.E.I. Facts in Support of Findings
Cumulative development will result in an increase in vehicle trips distn'buted
throughout the roadways serving the area. Development-specific requirements for
traffic signals and other roadway improvements shall be evaluated on a case-by-
case basis.
- Page 28 - '-'O~.c.:;~..,.L
The Marketplace Shopping Center :~!'AI'EMENT OF FACTS/STAI'EMEArI' OF OVERRIDING CONSlDERATIO~
IE.E.Z Findings with Respect to Significant Effects
Individual developers may pay a share of the costs for areawide (local)
improvements to roadways and public facilities or construct the needed
improvements as part of the project. Regional roadway projects and alternative
transportation systems (rapid transit) shall be funded by new development through
the Regional Transportation Impact Fee program. Based on the traffic analysis
provided in the EIR, all cumulative impacts related to traffic can be mitigated to
less than significant levels.
Supporting Statement of Facts and Findings with Respect to Cumulative Impacts on
Biological Resources
IEF. 1. Facts in Support of Findings
Cumulative development within the Urban Southwest Planning area will have the
potential to adversely affect area biological resources. The potential impacts will
need to be evaluated on a project basis since these impacts are typically site-
specific. Since the City is subject to the provisions of the Metropolitan Area
Habitat Conservation Plan (HCP}, such potential impacts have already been
addressed and are considered mitigable to less than significant levels.
IE.F.Z Findings with Respect to Significant Effects
As indicated in the environmental analysis, The Marketplace development will not
result in any significant effects on biological resources. As a result, the project will
not contribute cumulatively to the loss of sensitive habitats.
Supporting Statement of Facts and Findings P, rtth Respect to Cumulative Risk of Upset
and Public Health Impacts
I'E.G. 1. Facts in Support of Findings
The related projects will involve approximately 2.3 million square feet of industrial
development that may handle hazardous materials in large quantities, and thus
contr~ute to the potential for risk of upset conditions in the area. It will be
necessary to evaluate the potential impacts related to risk of upset on a project-by-
project basis, since the potential for impact and any requisite mitigation is site-
specific and largely dependent on the type of planned land uses.
- Page 29- ~:~ ~
The Marketptnce Shopping Center 57'ATEMENT OF FACTS/~I'ATEMENT OF OVERRIDING CONSIDERATIONS
IE.G. 2. Findings with Respect to Significant Effects
A determination of the potential significance of cumulative development upon
public health and safety will have to be made for each individual project.
Furthermore, various State, County and City regulations mitigate against upset
conditions and public health risks. As indicated in the environmental analysis, The
Marketplace development will not result in any significant adverse risk of upset or
public health effects. As a result, the project will not contn'bute cumulatively to
risk of upset.
IV.H Supporting Statement of Facts and Findings With Respect to Cumulative Noise Impacts
IE.H. 1. Facts in Support of Findings
The related projects and The Marketplace development will contribute to an
overall increase in the ambient noise levels within the Bakersfield area. The noise
impacts will be similar in origin to those described for The Marketplace
development; namely, short-term construction noise and long-term noise will occur
from both mobile and stationary sources. The Draft EIR estimated traffic noise
levels on Ming Avenue and Camino Media for year 2005 based on future traffic
volumes. The projected increase in traffic noise on Ming Avenue is 2.7 dB and
3.22 dB on Camino Media.
1E.I-I.Z Findings with Respect to Significant Effects
Since 3 dB is considered to be the limit for the perception of increased noise
levels, the increases in noise levels will be perceptible on Camino Media and
nearly perceptible on Ming Avenue. As a result, potential cumulative noise effects
on roadway~ proximal to the development site are not considered significant.
Supporting Statement of Facts and Findings Ftqth Respect to Cumulative Public Service
Impacts
IEL1. Facts in Support of Findings
Based on a planning factor of 1.5 police officers/1,000 population, 70 additional
police officers would be needed to address the law enforcement needs of the
estimated increase in population and attendant non-residential land use
development. Also, based on a ratio of 1.49 firefighters/I,000 population, 69
additional firefighters would be needed. Additionally, when assuming a student
generation rate of 0.70 students for each of the estimated 16,185 new households,
a total of 11,330 new students could be added to local school districts.
- Page 30 -
l'he Marketplace Shopping Center STATEMENT Ol~ !r,~CTSlS'I',~T~MF.3rl. OF OW. PdUDING CONSlDEIMI70NS
IE.I.Z Findings with Respect to Significant Effects
Potential cumulative development between 1995 and 2005 will increase demand
for service from the Bakersfield and Kern County Fire Departments, the
Bakersfield Police Department, the Kern County Sheriff's Department, local
school districts, library services, and other public service providers serving the area.
Individual project impacts, however, will need to be evaluated on a case-by-case
basis. Cumulative public service demand are monitored by each of the responsible
jurisdictions and responded to as part of their ongoing administrations. As
indicated in the environmental analysis, The Marketplace development will not
result in any significant adverse effects on public services.
/K/
Supporting Statement of Facts and Findings P~'ith Respect to Cumulative Utilities
Impacts
1E.J. 1. Facts in Support of Findings
On a daily basis, the related projects are estimated to consume 1.1 million kilowatt
hours of electricity, 5.3 million cubic feet of natural gas, and 5.6 million gallons of
water, and generate 4.6 million gallons of sewage, and 216 tons of solid waste.
The consumption and generation rates are the same as those used to quantify
future usage under buildout of the Metropolitan Bakersfield 2010 General Plan.
IE.J.Z Findings with Respect to Significant Effects
Potential cumulative development anticipated between 1995 and 2005 will increase
demand for utilities usage. The future needs from other projects will need to be
evaluated on a case-by-ca~e basis. The City's fee rates incorporate capital
replacement maintenance and expansion to serve new uses as they come on line.
With proper coordination, the demand for utility services is expected to be met by
utility agencies and companies with no significant adverse impacts.
Supporting Statement of Facts and Findings ~F'tth Respect to Cum,,l,,_~ve ~4esthetic
Impac~
IEK1. Facts in Support of Findings
The related projects and The Marketplace development will result in substantial
new development in, and urbanization of, the southwest Bakersfield area. The
related projects, if implemented, will result in 16,185 dwelling units and 6.3 million
square feet of non-residential development. The predominant effect will be a
noticeable transition from either vacant or non-urban lands to urban. The potential
- Page 31 ~" ~
The Marketplace Shopping Center STATEMENT OF FACTS/STATEMF. NI' OF OVERRIDING CONSIDERATIONS
aesthetic impacts associated with each individual project are site-specific and
require evaluation on a case-by-case basis.
IE. KZ Findings with Respect to Significant Effects
In that the potential cumulative development will occur pursuant to the provisions
of the Metro 2010 Plan and in accord with applicable zoning and site plan review
protocols of either the City of Bakersfield or County of Kern, cumulative aesthetic
effects are not considered to be significant.
Supporting Statement of Facts and Findings with Respect to Cumulative Aesthetic
Impacts
IE.I_. 1. Facts in Support of Findings
Cumulative development could impact important cultural resources in the absence
of any mitigation. The potential impacts will be site-specific, and an evaluation of
potential impacts and the requisite mitigation will need to be considered on a
project-by-project basis. This is especially true of those developments located in
areas considered to have a high sensitivity for cultural (archaeological,
palcontological, and historical) resources.
IE.I~Z Findings with Respect to Significant Effects
Each incremental development will be required to comply with all applicable State
and Federal regulations concerning preservation, salvage, or handling of cultural
resources. Given this, potential cumulative effects upon cultural resources are not
considered to be significant.
V. Findings with Respect to the Analysis of Potential Project Alternatives
With regard to project alternatives, the City of Bakersfield, as Lead Agency, considered a
range of feasible alternatives in addition to a "No Project Alternative." The Lead Agency
also considered the feas~ility of an "Alternate Site" as part of the environmental review for
the project.
Supporting Statement of Faas and Findings with Respect to the dnalysis of the No
Project/Ilternative
V.,4.1. Facts in Support of Findings
The No Project Alternative assumes that no new development will occur on-site,
and the site will remain in its current state. The majority of the development site
is currently undeveloped, except for a real estate office located on the southeast
- Page 32 ~3
O~ ~",? ~ '
The Marketplace Shopping Center STATF. MENT OF FAETS/S7'ATEMEAT OF OW. RRIDING CONSlDEl~4TIONS
comer which has been unoccupied for some time. This alternative assumes that
the majority of the site will continue to remain undeveloped and the real estate
office will be reopened. This alternative may occur as long as no new
development approval is obtained for the site, but it does not meet the objectives
of the developer or the City. Allowing the site to remain undeveloped will
preclude any practical use of the site, will prevent an acceptable investment return,
and may lead to continued fugitive dust nuisance on adjacent properties.
V./L2. Findings with Respect to Environmental Effects of the No Project Alternative.
The "no project" alternative will not result in any new environmental impacts, and
may be considered the environmentally superior alternative. Overall, this
alternative will have fewer environmental impacts than The Marketplace
development or the other alternatives considered, since it precludes any new uses
on-site. From a planning standpoint, this alternative will also not implement the
/'~ 'centers concept' on the site, as called for in the City's general plan.
The 'no project" alternative defers the effective use of the proper~y, since the
City's general plan designation provides for commercial development on-site. For
the site to remain as permanent open space, the site would require an Open Space
general plan designation, which may constitute a 'taking' based on constitutional
law, as supported by recent court decisions. Since the property is designated as
General Commercial in the general plan (and zoned C-2), the pressure to develop
the site consistent with the general plan is likely to result in impacts similar to
those anticipated for the development.
The "no project" alternative would not achieve any of the project's objectives, and
is considered infeas~le by the applicant. Precluding all development on the site
would be inconsistent with the City's general plan, would require a general plan
amendment to remove the General Commercial land use designat/on, and would
preclude reasonable use of the property by the land owner.
This alternative is not considered feas~le, since the property is under private
ownership and some form of development is likely to occur which reflects the
general plan's designation for the site. Under State planning law, the general plan
must indicate the location and extent of future development within the applicable
planning area. This ident/flcat/on must include a description of development
intensity and population intensity for each parcel of land. As a result, any future
development for The Marketplace site can be assumed to reflect the commercial
development provided for under the general plan.
- Page 33 -
l'he Marketplace Shopping Center STATEMENT OF F,~CT$/3TATEMENT OF OVERRIDING CONSIDERATIONS
EB Supporting Statement of Facts and Findings with Respect to the Analysis of the Mixed
Use ,41ternative
EB.I. Facts in Support of Findings
Under the Mixed Use Alternative scenario, the development would include a mix
of residential and commercial uses on-site with a Georgetown theme, as previously
envisioned by the developer, which included residential units, retail/office uses, and
cultural facilities to be developed on-site.
This alternative reflects the development previously envisioned for the site.
Proposed uses would have included an area where outdoor concerts and other
activities could be held, art galleries, ice cream shops, news stands, food specialty
shops, beauty boutiques, offices, retailers, and apa,u~ents. A total of 337,600
square feet of commercial floor area, and 96,000 square feet of residential uses,
are considered under this alternative.
V..B. 2. Findings with Respect to Environmental Effects of the No Project Alternative
The environmental impacts associated with the "mixed use" alternative would be
greater on some issue areas compared to those impacts anticipated for The
Marketplace development, due to the development of up to 80 residential units
on-site. The issue areas where the impacts would be greater than those
anticipated for The Marketplace development include population and housing,
noise, utilities, and public services. In addition, this alternative is not in
conformance to the applicable general plan designation (General Commercial}.
V.C
Supporting Statement of Facts and Findings with Respect to the ,dnalysis of the
· 411ernstlye Site Plan ,4hernative
E C. 1. Facts in Support of Findings
This alternative assumes that the development proposed for The Marketplace
Shopping Center will be revised and the more intrusive uses proposed for the
southerly pads will be replaced with less intrusive activities. The "alternative site
plan" considers the feasibility of replacing the six satellite pads to the northerly
portions of the site along Camino Media or replacing the more intrusive restaurant
and service station activities with other types of less intrusive uses.
The overall floor area of the development would remain unchanged under this
alternative development scenario. The first option considered under this
alternative would involve the relocation of the two office buildings currently
planned for the northeastern and northwestern corners of the site to the southerly
- Page 34 -
ED
The Marketplace Shopping Center STATEMENT OF FACTS/STAI~tiENT OF OVERRIDING CONSIDERATIONS
portions of the site. The restaurants and service station would then be located to
the areas where the offices are currently planned.
The second option would involve the replacement of less intrusive actMfies in the
six pad locations currently shown on the site plan. Land uses that would be
encouraged to locate within the six pad areas include professional offices, medical
offices, specialty retail, financial institutions, and other similar activities. These
uses typically are open for business at 9:00 a.m. and close during the early evening
hours. As a result, activities associated with their operation would be less than
that anticipated for the restaurant and service station uses.
EC.Z Findings with Respect to Environmental Effects of the Alternative Site Plan
Alternative
For a number of issue areas, the environmental impacts associated with the
*alternative site plaW would be slightly less than those expected with The
Marketplace development. The replacement of the service station and restaurants
with less intrusive activities would result in less traffic, traffic noise, and light and
glare on the Haggin Oaks neighborhood during the late evening and nighttime
periods. The relocation of the more intrusive uses to the northerly portions of the
site (adjacent to Camino Media) would result in similar benefits. However, Ming
Avenue is designated as an arterial street designed to handle the projected traffic
volumes and to support high-traffic highway commercial uses such as gas stations
and fast food restaurants.
Under this alternative, the residences located south of Ming Avenue would be
buffered from these activities if they were relocated along Camino Media. The
'alternative site plan~ would result in fewer impacts for a number of issues
compared to those impacts anticipated for The Marketplace development. Thus,
this alternative may be considered environmentally superior.
Suppon~g Statement of Fans and Findings with Respect to the Consideration of
Alternative Development Sites
ED. 1. Facts in Support of Findings
The development site is privately owned, and the corresponding general plan
designation contemplates commercial development consistent with that under
consideration. Other vacant sites in the surrounding area which are of similar or
larger size may be found, including a parcel located immediately west of the site,
a site located on the southwest corner of Gosford Road and Ming Avenue, vacant
sites west of Old River Road and other parcels within the proposed Buena Vista
planned community. The undeveloped parcel located west of The Marketplace
site is designated for office uses under the City of Bakersfield General Plan Land
- Page 35 - O~rC~:l,,?,L
The Marketplace Shopping Center STATEMENT OF FACI$/bTATEMENT OF OVF-RPdDING CONSlDF. IMIIONS
Use Policy Map and the current Zoning Map. The commercial and retail uses
envisioned for The Marketplace development do not correspond to the future !and
uses envisioned under the general plan and zoning designation for this site, and
would require a general plan amendment and zone change.
V.D.Z Findings with Respect to the Feasibility of Altemative Development Sites
In the event a similar type of commercial retail development were constructed on
those parcels, the demand-driven impacts would be similar to those anticipated
from The Marketplace development. Furthermore, the parcels are located in close
proximity to The Oaks neighborhood.
Relocating The Marketplace to an alternative site would not preclude future
commercial development of the 33.43-acre property subject to the current
Marketplace development. The Marketplace development site is designated as
General Commercial in the general plan, and this designation permits development
(in terms of floor area and uses) similar to, or more intensive than, that being
considered at the present time.
VI. Supporting Statement of Facts and Findings with Respect to the Analysis of Long-Terra
and Growth-Inducing Impacts
VIA Facts in Support of Findings Relative to Long. Term Impacts
Implementation of the project represents a long-term commitment of the site to
commercial development. Once development occurs, the site would then be
committed to the commercial uses over the operational life of the improvements.
Construction and subsequent operation of The Marketplace development will
commit the !and to a commercial use, and other types of uses proh~ited under
previous approvals, the general plan, and the zoning ordinance would not be
permitted. In addition, the physical arrangement and design of the planned
improvements (buildings, parking areas, infrastructure, etc.) would limit future
development or redevelopment options.
VI.B Findings with Respect to Significant Long. Term Impacts.
The development will commit nonrenewable resources to uses that future
generations will probably not be able to reverse. The irrevers~le changes
associated with The Marketplace development are identified below.
The project will result in the transition of the development site from a largely
undeveloped parcel to a commercial center. The development planned for
the site represents a long-term irrevers~!e commitment to commercial uses
- Page 36-
C
l'he Marketplace Shopping Center SFATEMENT OF FACI~/5'I'ATEMENT OF OVERRIDING CONSlDERATI03,~
on-site. This commitment is likely to remain over the operational life of the
planned improvements.
The project will involve the covering of more than 90 percent of the site with
impermeable surfaces, resulting in increased off- site runoff. The site's utility
as a source for groundwater recharge will also be eliminated. Storm water
runoff from the development will be diveRed into a sump located southwest
of the site on Scarlet Oak Boulevard and Ming Avenue. The project will also
represent an additional consumer of water both for human consumption and
landscaping. This water consumption will continue over the operational life
of the project.
The project will represent a new source of both stationary and mobile
emissions within the local air basin. The development is envisioned under the
general plan and is identified as an intensity center which serves to implement
a citywide strategy of future emissions reductions through land use planning.
Nevertheless, emissions (both direct and indirect) will occur over the life of
the development. Technological innovations and future regulations may result
in a reduction of emissions over the long-term.
The project will generate vehicular traffic (approximately 18,710 daily trips)
over the life of the development. The projected increases will alter the
existing levels of service on local roadways and contribute to declines in the
overall operational levels of service for roadways and intersections located in
the area, which will be offset by the project's participation in roadway
improvements. The traffic analysis undertaken as part of the EIR's
preparation indicated that the Level of Service of key intersections will be
maintained to adequate service levels with the implementation of the
recommended mitigation measures.
The project will require the provision of certain public services, including fire
protection and police protection. These service demands will remain as long
as the center is in operation, although the impacts on service providers are not
considered significant adverse impacts. Revenues generated by the project
would help offset costs of those operations.
The project will result in an increase in the demand on public utilities (water
service, sewer service, storm drainage, solid waste disposal, power and gas
service) over the life of the project. The infrastructure that will be required
to serve the development represents a long-term commitment of resources.
The increased demand for utilities, according to the purveyors providing such
services, can be met by existing facilities and resources for which the utilities
are compensated.
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The Marketplace Shopping Center STATEMENT OF FACrS/STATEMENT OF OVERRIDING CONSIDER~TIO,VS
The aforementioned impacts are not considered significant adverse impacts, since
the development and appropriate support for it are envisioned under the
Metropolitan Bakersfield 2010 General Plan.
VI.C Facts in Support of Findings Relative to Growth-Inducing Impacts
The project area was master-planned more than 10 years ago, and utility line
infrastructure needed to serve future commercial uses have been installed. The
infrastructure that will be provided for the project's implementation (such as roads,
water, sewer, storm drain facilities, etc.) will consist of on-site connections to serve
the individual structures on site, since the requisite infrastructure improvements
have been installed previously as part of the adjacent residential and commercial
developments.
Off-site roadway and intersection improvements that have been recommended as
mitigation for future cumulative traffic are designed to enable areawide roadways
and intersections to accommodate the increased traffic projected in the future and
to reduce traffic congestion. The parcels located east and west of the site are
designated as Office Commercial in the Metropolitan Bakersfield 2010 General
Plan land use map, and the corresponding zoning is C-O (Commercial Office).
Findings with Respect to Growth.Inducing Impacts.
The following findings have been made with respect to growth-inducing impacts:
The infrastructure improvements on-site and the extension of Scarlet Oak
Boul .evard are not anticipated to induce any additional development or growth
in the vicinity.
The roadway improvement required to serve this project will not lead to any
new development or provide service to areas not already connected to the
areawide circulation system.
Future development in these areas is likely to reflect the development
anticipated under the general plan. The general plan has also identified this
site as one of a number of *intensity centers" which will serve as development
nodes for the greater metropolitan Bakersfield area.
The addition of new job opportunities is not likely to translate into a major
growth-inducing impact due to the City's current level of unemployment. In
addition, the City is jobs poor/housing rich, and this development will
contribute to an improvement in the region's overall jobs/housing balance.
- Page 38 -
C
l'he Marketplace Shopping Cenler STATEMENT OF F,4CI?d/gI',~TI~ENT OF OVERRIDING CONSlDER.4TIONS
The aforementioned impacts are not considered significant adverse impacts, since
the development is envisioned under the Metropolitan Bakersfield 2010 General
Plan.
VII. Statement of Overriding Considerations EXH!nfr B
Introduction to Statement of Overriding Consideration
Pursuant to Section 15093 of the CEQA Guidelines, decision-makers are required to balance
the benefits of a '
project against its unavoidable environmental risks in determining whether
to approve' a project. In the event the benefits of a project outweigh the unavoidable
adverse effects, the adverse environmental effects may be considered "acceptable." The
CEQA Guidelines require that, when a public agency allows for the occurrence of significant
effects which are identified in the Final EIR but are not at least substantially mitigated, the
agency shall state in writing the specific reasons the action was supported. Any statement
of overriding considerations should be included in the record of project approval and should
be mentioned in the Notice of Determination.
The environmental analysis undertaken for The Marketplace Shopping Center indicated the
project would result in contributions to cumulative air quality impacts that would represent
a significant adverse environmental effect. Furthermore, the analysis indicated that while
mitigation measures would be effective in reducing the level of impact, the project's
emissions would still contribute to a continued violation of state and federal clean air
standards
Given: 1) that the Final EIR which addressed the implementation of the Metro 2010 Plan
identified air quality as an unavoidable significant effect; and, 2) that.the subject air basin
is in non-attainment and without a firm date by which attainment will be achieved, the
impacts of the cumulative development upon air quality are considered unavoidably
significant.
VI.B Findings Relative to Statement of Overriding Considerations
The City of Bakersfield, as Lead Agency and decision-maker for the project, has reviewed
and considered the information contained in both the Draf~ and Final EllRs prepared for
The Marketplace Shopping Center and the public record. The Lead Agency makes the
following findings, pursuant to Section 15093 of the CEQA Guidelines, with regard to the
Statement of Overriding Considerations for The Marketplace Shopping Center:
The project is implementing the general plan 'centers concept,' which will
reduce the number of vehicle trips and travel time of people already residing
in adjacent areas, thus reducing air pollution, although this project alone will
not bring the air quality into compliance.
- Page 39.
Marketplace Shopping Center
STATEMENT OF FACTS/STATEMENT OF OVERRIDING CONSIDERATIONS
The project site is largely undeveloped and vacant and is not being fully
utilized in a manner which will both benefit the City, public, and the owners
of the property. The site has been unused for more than ten years. During
this time, other development proposals have been contemplated, though none
were successfully implemented.
The project, as envisioned, will contn'bute to the City's employment base and
serve as a new source of jobs for the region which currently suffers from high
unemployment rates.
· The project will contribute revenue to the City in the form of fees, taxes, and
other assessments which will benefit the City and public in general.
· The project will contribute in-lieu fees and improvements off-site which will
benefit the public in general.
The development, as envisioned, will enable the City to realize the
implementation of the Metropolitan Bakersfield 2010 General Plan as it
applies to the project site and the land use policy contained within that Plan.
The project site is privately owned, and development of the site is permitted
pursuant to the general plan and zoning, with appropriate conditions attached
to the future development.
- Page40.