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HomeMy WebLinkAboutRES NO 258-04RESOLUTION NO. ~ 0 4~ RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS APPROVING GENERAL PLAN AMENDMENT NO. 03-0724 TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FOR A SPECIFIC PLAN LINE FOR ALLEN ROAD OVER THE KERN RIVER. (Ward 4). WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on THURSDAY, August 5, 2004, on General Plan Amendment No. 03-0724 of a proposed amendment to the Circulation Element of the Metropolitan Bakersfield General Plan for Allen Road Specific Plan Line over the Kern River, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in the Bakersfield California, a local newspaper of general circulation; and WHEREAS, the City of Bakersfield, made application for a general plan amendment of the Circulation Element for property located generally along Allen Road between Stockdale Highway and Ming Avenue over the Kern River, as shown in attached Exhibit "D", to adopt a specific plan line to allow development of a bridge over the Kern River, more specifically stated as follows: General Plan Amendment No. 03-0724: The City of Bakersfield made a request to amend the Cimulation Element of the Metropolitan Bakersfield General Plan by changing the circulation map to adopt a specific plan line for the Allen Road Bridge. Located along Alien Road, generally between Stockdale Highway and Ming Avenue; and WHEREAS, for the above-described segment, an Initial Study and Notice of Preparation (NOP) was conducted and it was determined that the proposed project may have a potential significant effect on the environment and, therefore, an Environmental Impact Report (EIR) was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the law and regulations relating to the preparation and adoption of an EIR as set forth in CEQA and the City of Bakersfieid's CEQA Implementation Procedures, have been duly followed by the City staff and the Planning Commission; and WHEREAS, by Resolution No. 101-04 on August 5, 2004, the Planning Commission recommended approval and adoption of General Plan Amendment No. 03-0724 subject to Mitigation Monitoring Plan found in Exhibit D and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission found that the proposed specific plan line for Allen Road will divert the mad away from the existing single family homes north of the Kern River and west of Allen Road; and ORIGINAL WHEREAS, the re-alignment of Allen Road will be consistent with the Metropolitan Bakersfield General Plan; and WHEREAS, the re-alignment of Allen Road is in the best interest of the public and is compatible with the existing land uses in the general area; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public headng on WEDNESDAY, SEPTEMBER 8, 2004, on the above described General Plan Amendment No. 03-0724 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield General Plan, 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, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct and constitute the findings of the Planning Commission in this matter. 2. That an Environmental Impact Report for General Plan Amendment No. 03-0724 is hereby recommended for approval. 3. That the General Plan Amendment No. 03-0724 is hereby approved to change the Circulation Map to adopt a specific plan line for the Allen Road Bridge. 4. That the re-alignment of Allen Road is in the best interest of the public and is compatible with the existing land uses in the general area. 5. As to General Plan Amendment No. 03-0724, the recommended amendment to the Circulation Element of the Metropolitan Bakersfield General Plan, consisting of changes to the circulation map to adopt a specific plan line for the Allen Road Bridge, as requested by the applicant and shown on attached Exhibit A, located along Allen Road, between Stockdale Highway and Ming Avenue is hereby approved. NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals and findings incorporated herein, are true and correct. 2. The Environmental Impact Report for General Plan Amendment No. 03-0724 is hereby approved and adopted. 3. That the Findings of Fact in support of findings of significant environmental effects is attached as Exhibit "A" and the Statement of Overriding Considerations" is attached as Exhibit "B". That the Mitigation Monitoring and reporting checklist is attached as Exhibit "C". The report of the Planning Commission, including maps and all reports and papers relevant thereto, will be transmitted by the Secretary of the Planning Commission to the City Council. 2 7. 8. 9. 10. 11. 12. The Final EIR has been completed in compliance with CEQA. The provisions of CEQA have been followed. The Specific Plan Line for Allen Road is in the public welfare and good planning. The Specific Plan Line for Allen Road is compatible with both the existing and proposed land uses in the general area. The Specific Plan Line is compatible with the Metropolitan Bakersfield General Plan. The City Council hereby approves and adopts General Plan Amendment No. 03- 0724 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield General Plan by adopting a Specific Plan Line for Allen Road over the Kern River, located along Allen Road, between Stockdale Highway and Ming Avenue. This Resolution shall not become effective until the approval of the Third Circulation Element Amendment Cycle for the year 2004 by the City Council of the City of Bakersfield. ......... o0o ........ 3 I HEREBY CERTIFY that the foregoing Ordinance was I;k~A~ed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on;blt' 0 8 20~]4 , by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ \ \ ~ '. ) ~ CITY CLERK and Ex O~the Council of the City of Bakersfield APPROVED SEP 0 8 2004 MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney Attachments: EXHIBIT "A" - Findings of Fact EXHIBIT "B" - Statement of Overriding Considerations EXHIBIT "C" - Mitigation Monitoring Plan EXHIBIT "D" - Location Map August 9, 2004 S:\GPA 3rd 2004\03-0724 (Allen Bridge)\Staff Report' s\Res gpa 03-0724 _ CC .doc 4 EXHIBIT A FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS I. INTRODUCTION The following statement of facts and findings have been prepared in accordance with the California Environmental Quality Act (CEQA) and Public Resources Code Section 21081. CEQA Guidelines Section 15091 provides that: "No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: The following potential significant impacts of the proPosed Project have been separated into three categories: (1) Those potential impacts that have been determined to be less than significant, based on review of available information in the Project record, and in consideration of existing standard development review requirements and existing codes and regulations; (2) Those potential impacts that could be mitigated to a level that is considered less than significant with the implementation of the recommended mitigation measures; and (3) Those potential impacts that could not be reduced to a less than significant level with the implementation of the existing policies and standards and the recommended mitigation measures. For potentially significant impacts (categories (2) and (3) above), the City of Bakersfield ("City") has made one of the following three findings for each potentially significant impact and provides facts in support of each finding in accordance with CEQA Guidelines Section 15091: Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment. Those changes or alterations required in the Project to mitigate or avoid significance environmental effects are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. Specific economic, social, or other considerations make infeasible the mitigation measures or Project alternatives identified in the final environmental impact report." The Final EIR for the Allen Road Crossing at the Kern River identifies certain significant environmental Findings of Fact 1 of 60 Sept o Allen Road Crossing at the Kern River EIR effects which may occur as a result of the Project. Therefore, findings are set forth herein pursuant to Section 15091 of the CEQA Guidelines. The Summary of Mitigation Measures is based in part on the requirements contained in Section 21081.6 of the Public Resources Code (see Exhibit B). A Mitigation Monitoring Program will be adopted as part of the Resolutiom II. PROJECT DESCRIPTION The proposed Project consists of General Plan Amendment (GPA) No. 03-0724, Amendment to the Circulation Element to modify the circulation map of the Allen Road Crossing at the Kern River. The proposal is to adopt a Specific Plan Line for the Allen Road alignment between Stockdale Highway and Ming Avenue. A six-lane bridge is planned across both the Kern River and the CVC. The preliminary design study for the bridge crossing locates the alignment across the river easterly of the section line for the purpose of avoiding the existing residential development on the west side of Allen Road, north of the Kern River. The roadway crosses over a levee and bike path on the south side of the river and over the CVC north of the river requiring separate bridges over the river and the canal (refer to Exhibit 3-1, Proposed Bridge Alignment and Exhibit 3-2A, 3-2B, Proposed Bridge Cross- Sections). Right-of-way north and south of Allen Road has been reserved from adjacent property owners. The proposed connection is consistent with the Metropolitan Bakersfield General Plan Circulation Element cross-section for an Arterial roadway classification. The Arterial roadway designation would provide an ultimate six-lane divided roadway cross-section within a proposed ROW of 110 feet. The cross-section of the bridges will accommodate three (3) 12 foot travel lanes, a 5 foot Class II (on street) bikeway, a 6 foot walkway, and bridge rails in each direction. A Class II bikeway is a bicycle lane featuring a striped lane on the paved area of the road for bicyclists. A 1 foot wide traffic barrier will be located along both edges of the bridge decks, and a 4 foot wide striped median will separate each direction of travel. The overall bridge length over the Kern River (primary structure) is expected to be approximately 1,100 feet with an estimated bridge deck height of approximately 12 feet above the Kern River. The height of the structure has been set based on minimum clearances over the CVC. The overall bridge length over the CVC is expected to be about 100 feet with an estimated bridge deck height of approximately 8 feet above the canal to accommodate ultimate improvements to the CVC. The combined structure length is approximately 1,200 feet. Allen Road would tie into the existing intersection geometry immediately south of Stockdale Highway. Signalized access to the CVC has been incorporated into the project to facilitate safe ingress and egress of the maintenance vehicles. The final bridge type has yet to be determined, however, the bddge is expected to be a reinforced concrete slab-type bridge generally conforming to the Caltrans standard slab bridge design. With this Caltrans standard slab bridge, span lengths would be up to 44 feet in length, resulting in the need for up to twenty-eight (28) piers to be located within the limits of the Kern River channel. Additional piers would be required to support the bridge spanning the CVC. Each of the piers would likely contain up to twenty-five (25) individual pile-extension supports with a diameter of approximately 16 inches each. In order to align with the direction of flow within the river and canal, the piers and abutments would be skewed up to 35-degrees to the bridge alignment. The piers represent permanent impacts to the Kern River channel, totaling as much as 3,000 square feet in plan area. Temporary impacts to the channel will be required in order to allow construction of the bddge across the river. These temporary impacts would result from the need for pile driving equipment, materials, Exhibit A Findings of Fact 2 of 60 Sei~ember 2 r~0~4 Allen Road Crossing at the Kern River EIR and workers to perform the necessary foundation work within the bottom of the channel. Other temporary impacts would result from the temporary formwork (a.k.a. "falsework") needed to support the placement of reinforcing steel and concrete as well as the equipment, materials, and workers needed to complete the bridge work. Construction of the bridge may require temporary construction easements on either side of Allen Road, anticipated to occur equally on both sides. The maximum construction area is 240 feet in width, extending 120 feet on each side of the Project centerline. Total construction impact area is anticipated to be approximately 9.4 acres. When completed, the extension will be 110 feet in width, leaving a 65 foot maximum temporary disturbance zone along each side of the roadway. III. FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS The City of Bakersfield, as Lead Agency and decision-maker for the project, has reviewed and considered the information contained in both the Draft and Final EIRs prepared for the Allen Road Crossing at the Kern River Project and the public record. The Lead Agency makes the following finding pursuant to CEQA and the CEQA Guidelines: The City of Bakersfield, as Lead Agency and decision-makers, having reviewed and considered the information contained in the Draft and Final EIRs prepared for the Allen Road Crossing at the Kern River and public records, finds that changes or alterations to the Project will avoid or substantially lessen potentially significant environmental impacts. These changes or alterations are related to the implementation of the mitigation measures detailed in this document. The City of Bakersfield, as Lead Agency and decision-makers, having reviewed and considered the information contained in the Draft and Final EIRs prepared for the Allen Road Crossing at the Kern River and the public record, finds that there are specific economic, social, or other considerations which make the mitigation measures for Noise in the Draft and Final EIR's infeasible. The City of Bakersfield, as Lead Agency and decision-makers, finds that significant and unmitigable impacts on noise may occur with future development in conjunction with implementation of the Allen Road Crossing at the Kern River. This finding requires that the Lead Agency issue a "Statement of Overriding Considerations" under Section 15093 and 15126(b) of the State CEQA Guidelines if the Lead Agency wishes to proceed with approval of the Project. IV. FINDINGS WITH RESPECT TO THE ENVIRONMENTAL REVIEW PROCESS The City of Bakersfield, acting as Lead Agency for the environmental review of the Project, makes the following findings with regard to the environmental review process undertaken to analyze the potential environmental impacts of the Project: In accordance with Section 10563(a) of the CEQA Guidelines, as amended, the City of Bakersfield undertook the preparation of an initial Study. The Initial Study determined that a number of environmental issue areas may be impacted by the construction and Findings of Fact 3 of 60 Septem~ _ OR E~hNAL Alien Road Crossing at the Kern River EIR implementation of the Project. As a result, the Initial Study determined that the Draft EIR should address the Project's significant impacts. 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 on December 19, 2003, and concluding on January 19, 2004. During the circulation period for the Notice of Preparation, the City of Bakersfield, as Lead Agency, advertised and conducted a public scoping meeting on January 15, 2004 at the City of Bakersfield City Hall Council Chambers in the City of Bakersfield. A Draft EIR was prepared which analyzed project-related impacts related to the following environmental issue areas: aesthetics/light and glare, public health and safety, traffic and circulation, air quality, noise, biological resources, cultural resources, water resources, geologic and seismic hazards, and public services and utilities. Growth- inducing impacts, project alternatives and cumulative effects were also analyzed in the Draft EIR. During the Draft EIR's public review period, which began on April 2, 2004 and concluded on May 17, 2004, the City of Bakersfield held a noticed public hearing on May 6, 2004 regarding the Draft EIR. The public was afforded the opportunity to orally comment on the Draft EIR at the public hearing, and the testimony was considered by the decision-makers. Upon the close of the public review period, the Lead Agency proceeded to evaluate and prepare responses to all written comments received from both citizens and the public agency during the public review period. The aforementioned comments and responses and other information consistent with the requirements of Section 15132 of the State CEQA Guidelines, as amended, comprise the Final EIR. Following completion of the Response to Comments document, the Lead Agency's responses to the comments received from the public agencies were transmitted to those public agencies for consideration at least 10 days prior to the Final EIR's certification. FINDINGS REGARDING IMPACTS DETERMINED TO BE INSIGNIFICANT IN THE INITIAL STUDY/NOTICE OF PREPARATION The City of Bakersfield conducted an Initial Study in December 1, 2003, to determine significant effects of the project. In the course of this evaluation, certain impacts of the project were found to be less than significant due to the inability of a project of this scope to create such impacts or the absence of project characteristics producing effects of this type. The effects determined not to be significant are not included in primary analysis sections of the Draft EIR. AESTHETICS. Would the proposal: Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Exhibit A Findings of Fact 4 of 60 Sept~ber 20[~4~ Allen Road Crossing at the Kern River EIR According to the Metropolitan Bakersfield General Plan EIR, the Kern River Corridor is identified as one of the most significant scenic resources in Metropolitan Bakersfield. The Kern River provides prime habitat for many forms of wildlife that make up part of the visual resources in the City. The river provides the needed moisture for ripadan vegetation that breaks up the surrounding grasslands. However, the proposed roadway improvements are consistent with the Metropolitan Bakersfield General Plan Circulation Element. The proposed Project would accommodate planned circulation needs by providing an additional crossing of the Kern River consistent with the Metropolitan Bakersfield General Plan Circulation Element and the Kern River Plan Element. Aside from sparse vegetation, there are no rock outcrops, plant resources, and/or historic buildings with or immediately adjacent to the proposed alignment. Furthermore, the General Plan Update designates areas within the northeast portion of Metropolitan Bakersfield as including scenic resources. Therefore, impacts in this regard would be less than significant. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area ? Light and glare are not currently generated along Allen Road, south of the CVC. The proposed Project would include typical street lighting, within the Project area. Compliance with City of Bakersfield standard design practices would minimize light and glare impacts. No significant impacts are anticipated. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? The proposed Project is consistent with the Metropolitan Bakersfield General Plan circulation Element to accommodate planned circulation needs by providing an additional crossing of the Kern River. The Metropolitan Bakersfield General Plan Update EIR indicates that the Project site is not designated as Prime Agricultural Land and no agricultural activities are currently conducted on-site. As previously mentioned, the proposed roadway improvements are consistent with the Metropolitan Bakersfield General Plan Circulation Element to accommodate planned circulation needs. Therefore, impacts in this regard would be less than significant. Conflict with existing zoning for agricultural use, or a Williamson Act contract? Exhibit A Findings of Fact 5 of 60 Allen Road Crossing at the Kern River EIR The proposed Project site is not a part of the Williamson Act Land Contract and is not zoned for agricultural use. Therefore, there is no conflict of existing zoning or with the Williamson Act contract provisions Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? The proposed Project would not convert farmland to non-agricultural uses. The existing use is vacant land, therefore, impacts are less than significant. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials ? The proposed Project involves the construction of a new crossing which does not have the capacity to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Some transportation of hazardous materials occurs on Rosedale Highway (State Highway 58) within the City of Bakersfield. It should also be noted that since the Project would reduce future traffic congestion, it would then likely reduce the number of accidents occurring along the roadways, thus improving the safe transport of hazardous materials. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? A Phase I ESA was prepared for the proposed Project. There are no permanent structures located on-site, therefore, the presence of lead-based paints (LBPs) and asbestos containing materials (ACMs) is considered unlikely. The proposed Project is not anticipated to result in the creation of health hazards with compliance with pertinent health and safety regulations. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The proposed Project site is not located within 2 miles of a public airport or public use airport. Furthermore, the proposed Project does not include the construction of habitable structures. Therefore, a safety hazard for people which utilize the bridge is not expected. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area ? Refer to response, above. Impair implementation of or physically interfere with an adopted emergency response plan Exhibit A Findings of Fact 6 of 60 Sept~ber 2~1~,~ Alien Road Crossing at the Kern River EIR or emergency evacuation plan ? Development of the proposed Project would result in improved existing and future Level of Service (LOS) and accommodate planned circulation needs by providing an additional crossing of the Kern River. A Traffic Management Plan (TMP) would be implemented to ensure that construction does not interfere with any emergency response or evacuation plans. Expose people or structures to a significant risk of loss, injury or death involving wi/d/and fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wi/d/ands ? The site is located outside the fire hazard area established by the Kern County Fire Department (Metropolitan Bakersfield General Plan). Additionally, much of the existing vegetation would be removed with implementation of the proposed Project; thus, reducing potential impacts in this regard. HYDROLOGY AND WATER QUALITY. Would the project: Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or ~ lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted) ? The Project proposes the construction of a new crossing of the Kern River and would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge. The Project would not have the capacity to increase the amount of water consumed regionally through increased withdrawals from groundwater sources. Therefore, no significant impacts are anticipated to occur. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Construction of proposed crossing may result in minor changes in the amount of runoff due to the impermeable surface area of the Project. Surface runoff velocities, volumes and peak flow rates would increase as well. The Project would not have the capacity to create or contribute runoff water which would exceed the capacity of planned stormwater drainage systems. The proposed crossing is consistent with the Metropolitan Bakersfield General Plan. Less than significant impacts are anticipated in this regard. Place housing within a lO0-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Implementation of the proposed Project would not involve the development of housing. Impacts associated with flood and water related hazards are considered to be less than significant. Exhibit A Findings of Fact 7 of 60 Septe~er 20(;~ O~ .~ ~.~L Allen Road Crossing at the Kern River EIR Place within a lO0~year flood hazard area structures which would impede or redirect flood flows? Refer to response, above. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam ? Isabella Dam, which is located approximately forty (40) miles northeast of Bakersfield, has a capacity to hold 570,000 acre-feet of water. If an earthquake were to occur in the vicinity, it could result in a break in the dam. This could, under certain conditions, cause the entire lake storage to be released, which would result in flooding 60 square miles of the Metropolitan Bakersfield area. As a result of the possible dangers associated with Isabella Dam, the City of Bakersfield entered the Regular Phase of the National Flood Insurance Program (NFIP) as administered by the Federal Emergency Management Agency (FEMA) on May 1, 1985. Additionally, the Kern River Designated Floodway Program provides development criteria and issues permits for development within the limits of the Kern River Designated Floodway. In July 1985, both the City and County adopted the Kern River Plan Element (KRPE) as a part of their General Plans. Compliance with the NFIP, the Kern River Designated Floodway Program and the KRPE results in less than significant impact. Inundation by seiche, tsunami, or mudflow? There are no large bodies of open water located on or adjacent to the proposed project site which may result in seiche or tsunami hazards. Hazards involving tsunamis, seiche, or mudflows are not expected to affect the development. LAND USE AND PLANNING. Would the project: Physically divide an established community? The proposed Project would not divide the physical arrangement of a community. The Project would however, provide an additional crossing point for local residents in the area over the Kern River, thereby improving anticipated future circulation demands. The proposed crossing is consistent with the Metropolitan Bakersfield General Plan Circulation Element. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General Plan, Specific Plan, Local Coastal Program, or Zoning Ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The proposed Project is consistent with the Metropolitan Bakersfield General Plan Circulation Element. The crossing would accommodate planned circulation needs by providing an additional crossing of the Kern River consistent with the General Plan and Kern River Plan Element. Exhibit A Findings of Fact 8 of 60 Sep~'~mber Allen Road Crossing at the Kern River EIR MINERAL RESOURCES. Would the project: Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? As indicated in the Metropolitan Bakersfield General Plan, there are no mineral resources that would be of value located within the proposed Project site. No impacts are anticipated in this regard. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Refer to response above. NOISE. Would the project result in: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The proposed Project site is not located within an airport land use plan or within two miles of a public airport or public use airport. Therefore, Project implementation would not expose people residing or working in the Project area to excessive noise levels. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The proposed Project site is not located within the vicinity of a private airstrip. Therefore Project implementation would not expose people residing or working in the Project area to excessive noise levels. POPULATION AND HOUSING. Would the project: Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? The proposed Project would not involve the displacement of housing. The preliminary design study for the crossing places the alignment across the river easterly of the section line for the purpose of avoiding existing residential development on the west side of Allen Road north of the Kern River. The roadway crosses over a levee and bike path on the south side of the river and over the CVC north of the river. Right-of-way for an easterly shift in alignment north of the river has been reserved from the high school property on the east side of Allen Road. South of the Kern River the necessary ROW to accommodate Allen Road consistent with the City's arterial standards has been dedicated by the adjacent property owners, including all necessary slope easements. No impacts in this regard would occur. Exhibit A Findings of Fact 9 of 60 Septe~ber 20~ Allen Road Crossing at the Kern River EIR Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Refer to response above. PUBLIC SERVICES, Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other pedormance objectives for any of the public services: Fire protection ? The City of Bakersfield Fire Department and the Kern County Fire Department are responsible for fire protection services within Metropolitan Bakersfield. Implementation of the proposed Project will result in improved access and mobility of the City and County Fire Departments to serve the area. This is viewed as an advantageous impact on the proposed area. Po/ice protection? The City of Bakersfield Police Department provides law enforcement and public safety services for the entire City. The proposed Project would result in a positive affect upon police protection services within the area. Schools ? The Project would not generate students, and therefore would not result in impacts to school services, no significant impacts are anticipated to public school facilities. Bakersfield Christian High School is currently under construction, however, would not result in accessibility impacts to any schools. Parks? Neither neighborhood nor regional park facilities would be affected by implementation of the proposed Project. Therefore, less than significant impacts to other governmental services are anticipated. Other public facilities? Due to the size and scope of the proposed Project, implementation would not significantly affect other governmental agencies. Less than significant impacts are anticipated in this regard. RECREATION. Exhibit A Findings of Fact 10of60 September 2004 Allen Road Crossing at the Kern River EIR Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The proposed project would not increase the use of existing neighborhoods or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The project would not require the construction or expansion of recreational facilities. Therefore, impacts in this regard are not anticipated. TRANSPORTATION/TRAFFIC. Would the project: Result in inadequate emergency access? The Project would be subject to design review by the fire and police departments to assure that adequate emergency access is provided. The City's standard review procedures prior to issuance of grading permits would reduce impacts to a less than significant level. Result in inadequate parking capacity? No on-site parking is permitted along the crossing in the vicinity of the Project. No significant parking impacts specific to this Project have been identified. Conflict with adopted policies, lanes, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The proposed Project includes provisions for bicycle lanes consistent with the General Plan Circulation Element. This is seen as a beneficial project impact. UTILITIES AND SERVICE SYSTEMS. Would the project: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Improvements associated with the proposed Project do not have the capacity to generate wastewater or exceed wastewater treatment requirements. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects ? Implementation of the proposed Project would not require or result in the construction of new water or wastewater treatment facilities. Exhibit A Findings of Fact 11 of 60 Septom~er 2004~ Allen Road Crossing at the Kern River EIR Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Refer to response, above. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Referto response, above. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs ? The proposed Project would not have the capacity to generate solid waste over a long-term period and therefore would not impact landfill capacity. Comply with federal, state, and local statutes and regulations related to solid waste? The proposed Project does not involve a solid waste generating land use and therefore, would not be subject to federal, state, and local statues and regulations related to solid waste. The City of Bakersfield will be required to comply with AB939 and the City's Solid Waste Management Plan for waste reduction during the construction Phase of the proposed Project. No impacts are anticipated in this regard. VI. FINDINGS REGARDING EFFECTS DETERMINED TO BE INSIGNIFICANT OR LESS THAN SIGNIFICANT The City of Bakersfield finds that based on substantial evidence appearing in the Final EIR, Technical Appendices and in the administrative record, that the proposed project would have insignificant or less than significant impacts in the following areas. AESTHETICS/LIGHT AND GLARE Long-term Aesthetic Impacts 5.1-2 Project implementation would permanently alter views of and across the Project site. Analysis has concluded that less than significant impacts would occur. Facts Supoortin_o Findinq As previously stated, implementation of the proposed Project would result in the permanent view replacement of currently undeveloped land to a bridge crossing resulting in modifications of views across the site from surrounding properties. The primary concern for aesthetic impacts are for the existing residents located to the west and south of the proposed crossing. The change in visual character from open space to developed conditions would be a distinct visual alteration of the Project site. However, the existing visual quality of the areas adjacent to the proposed Project is generally considered to be Iow due to the lack of uniform vegetation Exhibit A - Findings of Fact 12 of 60 Sept(t~'nber 2Q0~4 O~,N,',L Allen Road Crossing at the Kern River EIR and significant views. The proposed Project has implemented design features that would minimize bridge elevations, reduce nighttime light and glare by shielding or directing light away from adjoining areas, and include features that are similar in character and visually compatible with existing roadway structures in the vicinity. For example, the bridge height has been set based on minimum vertical clearance requirements over the CVC (in consideration of the CVC capacity expansion). The result is a minimized depth of the superstructure and minimization of visual impact to adjacent residences. Adherence to the City of Bakersfield Municipal and Zoning Codes would reduce impacts to less than significant levels. Cumulative Impacts 5.1-4 Project development, together with cumulative projects may result in greater urbanization in the Project area. Compliance with applicable City codes would reduce potential impacts to less than significant levels. Facts Supporting Finding Construction of currently approved and pending projects in the Project vicinity would permanently alter the nature and appearance of the area through loss of open space areas. As development occurs throughout the Project area, residents and visitors in the area would notice the visual effects of urbanization. The significance of these visual/aesthetic changes is difficult to determine, since aesthetic value is subjectively determined and potential impacts are site specific. Security and street lighting would introduce light and glare potential to the area. Impacts are typically mitigated separately for each project. Cumulative impacts can be mitigated to less than significant levels with use of building materials that are consistent with the general character of the area, landscaping design, and proper lighting techniques to direct light on-site and away from adjacent properties. PUBLIC HEALTH AND SAFETY Short-term Construction 5.2-1 Project construction activities do not have the potential to encounter known hazardous materials or wastes. Analysis has concluded that no evidence exists of an existing or previously remediated recognized environmental conditions in connection with the proposed Project. A less than significant impact would occur in this regard. Facts SuoDortin(~ Findinc~ A physical inspection of the proposed alignment indicated that no visible evidence of hazardous materials/waste are present. A review of local regulatory agency records was conducted to help determine if hazardous materials have been handled, stored, or generated on the subject site and/or the adjacent properties and businesses. No hazardous materials records where found. No areas of environmental concern with respect to hazardous materials/wastes were identified that would compromise construction or acquisition of construction easements. Less than significant impacts would occur in this regard. Exhibit A 13 of 60 Septer~er 2004~.~ Findings of Fact Allen Road Crossing at the Kern River EIR 5.2-2 Project construction activities do not have the potential to create a significant hazard to the public through foreseeable upset accidental conditions. Less than significant impacts are anticipated. Facts Supportinq Finding Project construction activities are not anticipated to result in a significant release of hazardous materials into the environment. However, during the short-term period of Project construction, there is a possibility of accidental release of hazardous substances such as spilling petroleum- based fuels used for construction equipment. The level of risk associated with the accidental release of hazardous substances is not considered significant due to the small volume and Iow concentration of hazardous materials utilized during the construction phases. The project contractor will be required to use standard construction controls and safety procedures which would avoid and minimize the potential for accidental release of such substances into the environment. Standard construction practices would be observed such that any materials released are appropriately contained and remediated as required by local, State, and Federal law. Long-term Maintenance and Operation 5.2-3 Project implementation would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Less than significant impacts are anticipated in this regard. Facts Supporting Finding The Kern County and Incorporated Cities Hazardous Waste Management Plan (HWMP) lists goals and policies regarding the transport of hazardous wastes. The HWMP recognizes that the transportation of hazardous waste on rods poses a short-term threat to public health; of prime concern is the safety of the transportation system for hazardous waste, especially extremely hazardous waste, in and throughout Kern County. The HWMP seeks to establish State and Federally maintained roads as candidate Commercial Hazardous Waste Shipping Routes in and through the County (except those to collect locally generated hazardous wastes). Given the location of the proposed Project within a newly developing residential area surrounded by agricultural, institutional and open space uses, Project implementation would not promote the transport of hazardous materials within the project area. 5.2-4 Project implementation would not create a significant hazard to the public or the environment through the long-term use of hazardous substances for the purpose of long-term bridge maintenance. Compliance with State and applicable local regulations would reduce potential impacts to less than significant levels. Facts Supportinq Findinq Due to the scope and nature of the proposed Project, the level of risk associated with long-term use of hazardous materials on the Project site is considered a less than significant impact. On- site use of hazardous materials may include cleaning solvents, fertilizers, pesticides, and other Exhibit A Septem~r 2004 Findings of Fact 14 of 60 OF;F ',NAL Allen Road Crossing at the Kern River EIR materials used in the regular maintenance of the bridge structures. With proper use and disposal, these chemicals are not expected to result in hazardous or unhealthful conditions for nearby residents or maintenance workers. A less than significant impact would occur in this regard after compliance with State and applicable local regulations. 5.2-5 Long-term maintenance of the proposed Project would not emit hazardous materials and thus would not affect any school located within ~-mile of the Project site. Less than significant impact. Facts Supportinq Findinq The proposed Project includes the extension of Alien Road from its current terminous south of Stockdale Highway to Ming Avenue via a bridge crossing of the Kern River. As previously mentioned above, the Project does not require quantities of hazardous materials that would represent a potentially significant hazard to adjacent uses such as the Bakersfield Christian High School located at the northeast corner of Allen Road/Stockdale Highway. Since the proposed Project would not involve the use of significant amounts of hazardous materials, no impacts to this school are anticipated to occur 5.2-7 The proposed Project, in combination with other cumulative projects, could increase exposure to the public of hazardous substances. Compliance with Federal, State, and local requirements on a project-by-project basis would reduce cumulative impacts to a less than significant level. Facts Supporting F nding Compliance with local, State and Federal regulations would ensure that contamination or exposure to hazardous substances is avoided or controlled to minimize the risk to the public on a case-by-case basis as the cumulative projects are constructed. TRAFFIC AND CIRCULATION Trip Distribution and Assignment 5.3-2 The proposed Project would result in the redistribution of traffic in the vicinity of the proposed bridge crossing. Analysis has concluded that due to circulation and access improvements implemented as part of the City RTIF program, a deterioration in levels of service within the Project area is not anticipated to occur. Less than significant impacts are anticipated in this regard. Facts Suo[~ortina F ndinc] The KernCOG traffic model projections suggest that the proposed Project will cause an increase in traffic volumes on Allen Road and Jewetta Avenue in the year 2025. However, traffic volumes on Jewetta Avenue north of Brimhall Road are not likely to increase as indicated in the traffic model, due to circuity, poor connectivity and poor access at Rosedale Highway. All other roadways in the Project area are expected to experience an overall decrease in traffic volume. This would be a positive impact compared to future conditions without the bridge Exhibit A Sept~nber 2(~ Findings of Fact 15 of 60 C ,,~,, ~L Allen Road Crossing at the Kern River EIR crossing. The segment of Allen Road between Stockdale Highway and Brimhall Road does not have adequate capacity in its present configuration to accommodate year 2005 or year 2025 traffic volumes, both with or without the Project (refer to Exhibits 5.3-1, to 5.3-4). The roadway segment, however, will operate at or above LOS C (e.g., LOS A or B) through the year 2025, with and without the Project, in its ultimate configuration. Widening of this segment of Allen Road to ultimate arterial standards is anticipated with improvements through the RTIF program, future adjacent development, and construction of adjacent roadways. Less than significant impacts are anticipated in this regard. General Plan Consistency 5.3-3 The proposed Project would be consistent with the City of Bakersfield General Plan Circulation Element and Kern River Plan Element. Furthermore, the proposed Project will increase safety by providing an additional crossing of the Kern River, and provide a direct sequential connection to Stockdale Highway and future extension of Ming Avenue. Less than significant impacts are anticipated in this regard. Facts Supportinq Findinq The proposed Project would provide a local street network that contributes to the quality and safety of residential neighborhoods and provide a direct sequential connection to Stockdale Highway and to the future extension of Ming Avenue. Furthermore, the implementation of the Project is consistent with the Metropolitan Bakersfield General Plan Circulation Element for an Arterial roadway classification. The Project includes a General Plan Circulation Element Amendment to modify the circulation map of the Metropolitan Bakersfield General Plan to adopt a modified centerline alignment for Allen Road between Stockdale Highway and Ming Avenue. The amendment places the proposed bridge alignment across the river easterly of the existing section line for the purpose of avoiding existing residential development to the northwest and the existing 42" sewer trunk line placed along the existing section line within Allen Road. Since the Circulation Element is not at a level of specificity that would reflect final design, such as the proposed eastedy shift, Project development would implement a key component of the City's Circulation Element by completing the Alien Road alignment at this location. Therefore, the proposed circulation amendment is considered internally consistent with the Metropolitan Bakersfield General Plan and Kern River Plan Element. Less than significant impacts are anticipated in this regard. Alternative Transportation Systems 5.3-4 Project implementation would incorporate bicycle lanes and sidewalks on either side of the roadway and provide an additional crossing of the Kern River. This is viewed as a positive impact from existing conditions. Less than significant impacts are anticipated in this regard. Facts Supporting Finding Exhibit A Findings of Fact 16 of 60 Septemb~i' 2004 Allen Road Crossing at the Kern River EIR Consistent with the Metropolitan Bakersfield General Plan Circulation Element cross-section for an Arterial roadway classification, the bridge cross-section will accommodate three (3) 12 foot travel lanes in both directions, and a 5 foot Class II (on street) bikeway, a 6 foot walkway, and bridge rails in each direction. A Class II bikeway is a bicycle lane featuring a striped lane on the paved area of the road for bicyclists. Although no public bus mutes am located on or within a mile of the Project site potential impacts to GET bus routes in the araa would be minimized by advanced coordination and notifications. Furthermore, the proposed Project would provide an additional crossing for public transportation including City buses and accommodate planned cimulation needs of the future. This is viewed as a positive impact to the circulation needs of the City. Less than significant impacts are anticipated. Cumulative Impacts 5.3-5 Development of the proposed Project, along with cumulative projects in accordance with the Metropolitan Bakersfield General Plan would result in an increase in vehicle trips distributed throughout the roadways serving the Project Area. Based on the findings of the Traffic and Circulation Study contained within Appendix 15.2 of this EIR, cumulative impacts related to traffic would be analyzed on a project-by-project basis. Less than significant impacts are anticipated in this regard. Facts Supporting Finding Increases in traffic volumes which are anticipated to occur as development in the City continues, will significantly impact the existing street system. By year 2025, if left in current configurations, the operations of half of the roadways and most of the intersection will deteriorate to a level of service below LOS C during the PM peak hour. The City of Bakersfield has established a transportation impact fee program for urban areas within the City of Bakersfield. The Metropolitan Bakersfield RTIF is intended to provide intersection and roadway segment improvements as development occurs within the City. The RTIF identifies a significant number of improvements to be accomplished within the Project vicinity over the next 20 years at total cost of $227,245,210. In order to determine the projects impact fee, the total is multiplied by the percentage of improvements associated with the development of the Project. Improvements required to maintain or improve the operational level of service of the roadways and intersections in the project vicinity will be considered on a project-by-project basis and constructed through the funding of the RTIF program and adjacent developments, not related to the proposed Project. AIR QUALITY Long-term (Operational) Emissions 5.4-2 Long-term mobile emissions would occur as a result of Project implementation. However, less than significant impacts ara anticipated in this regard. Facts Supporting Finding The traffic analysis of the Year 2025 Without Project and Year 2025 With Project scenarios indicate that three intersections would operate at an LOS F or be reduced to an LOS F Exhibit A Septeml~e~r 2004 Findings of Fact 17 of 60 O -jS'.h,~AL Alien Road Crossing at the Kern River EiR including; Renfro Road at Stockdale Highway, Allen Road at Ming Avenue and Allen Road at Stockdale Highway. However, CO modeling was not conducted for the intersection of Renfro Road at Stockdale Highway since, as the Project Traffic Study indicates, the delay time for this intersection without the Project would be decreased with the Project implementation, which reveals that the Project would improve and not women the existing LOS at this intersection. Therefore, CO modeling was conducted for only the Allen Road at Ming Avenue intersection and Allen Road at Stockdale Highway intersection. These intersections were also chosen due to their proximity to the Project site and the existence of sensitive receptors (residential uses) surrounding both intersections. The traffic analysis provides a worst-case scenario. Intersection turning movements are based on data supplied by the Project Traffic Study. Because the p.m. peak hour results in higher intersection capacity utilization (ICU) (i.e., worse LOS) in all cases, the p.m. peak hour was used in the modeling process. The projected traffic volumes were then modeled using the CALINE4 dispersion model. The resultant values were then added to an ambient concentration. For the purposes of this analysis, the ambient concentrations are taken as the highest one-hour CO measurement in the past five years of monitoring data nearest monitoring station. Future ambient concentrations would be far lower than present levels based upon expected trends and advancing technologies. Maximum Year 2025 l-hour CO concentration with the Project would be 5.6 ppm for the Allen Road and Ming Avenue intersection, which is well below the State and Federal standards of 20 ppm and 35 ppm respectively (refer to Table 5.4-7, Projected CO Concentrations in the Project Area). Additionally, the maximum Year 2025 eight-hour CO concentration with the Project would be 3.2 ppm for the same intersection, which is well below the State and Federal standard of 9 ppm. Therefore, the proposed Project would not result in adverse CO emissions. Conformity With Air Quality Attainment Plan 5.4-3 The Project would be consistent with the Air Quality Attainment Plan (AQAP) criteria. Facts Supporting Finding A potentially significant impact to air quality would occur if the project would conflict with or obstruct the implementation of the applicable air management or attainment quality plan. The impact would be temporary in nature due to construction. However, the Project is expected to improve air quality in the long-term due to improved traffic flow. The primary concern is that project-related impacts have been properly anticipated in the regional air quality planning process and reduced whenever feasible. Therefore, it is necessary to assess the project's consistency with the applicable district air quality management or attainment plan(s). The proposed roadway improvements are consistent with the Metropolitan Bakersfield General Plan Circulation Element cross-section for an Arterial roadway classification, which would provide an ultimate six-lane divided roadway within a proposed right-of-way of 110 feet. However, a Circulation Element Amendment would be required to adopt a Specific Plan Line for the Allen Road alignment between Stockdale Highway and Ming Avenue. Thus, the proposed Project was anticipated by the SJVAPCD prepared Air Quality Attainment Plan (AQAP) and it would not result in direct or indirect population growth and therefore is consistent Exhibit A September2004 Findings of Fact 18 of 60 ORigINAL Allen Road Crossing at the Kern River EIR with growth projections in the City. Thus, the proposed Project is considered consistent with the AQAP. NOISE 5.5-3 Project implementation would generate an additional crossing over the Kern River resulting in a redistribution of vehicular traffic on the surrounding roadway network, thereby resulting in potential noise level increases along the roadways. The acoustical analysis has concluded that Project implementation would result in less than significant long-term noise impacts on the surrounding roadway network. Facts Supporting Findinq Major roadways were analyzed for year 2005 and 2025 conditions with and without the proposed Project. The noise levels were calculated at a distance representing typical setbacks from roadway centers of approximately 75 feet. Changes in traffic noise levels will not be significant and in some cases would improve over no project conditions due to the redistribution of traffic on roadways in the vicinity of the Project. Stationary Noise Impacts 5.5-4 Stationary noise impacts associated with the proposed Project is anticipated to be minimal. Analysis has concluded that Impacts would be less than significant. Facts Supportinq Finding Due to the scope and nature of the proposed Project, a bridge crossing over the Kern River, no long-term stationary noise impacts have been identified. Stationary noise sources are generally associated with commercial and industrial developments involving mechanical equipment, trash compactors, loading areas, parking areas, heating and ventilation units. No noise generating stationary operations are anticipated to be implemented into the project design. Therefore, the proposed Project would result in less than significant impacts. BIOLOGICAL RESOURCES Long-term Impacts 5.6-4 The proposed Project would result in permanent long-term impacts to biological resources compared to existing conditions. Analysis has concluded that no changes in composition or distribution of vegetation or wildlife would occur, resulting in less than significant impacts. Facts SupDortinq Finding The following impact analysis evaluates long-term operational implications of the proposed Project on biological resources in the Kern River. Cumulative Impacts Exhibit A Septeml~r 2004'4 Findings of Fact 19 of 60 .~_ Alien Road Crossing at the Kern River EIR 5.6-6 The proposed Project would result in the cumulative loss of open space resources within the City. Cumulative projects are mitigated on a project-by-project basis and in accordance with applicable local and federal requirements and the MBHCP. Facts Supporting Findinq Cumulative development within the southwestern portion of Bakersfield would have the potential to adversely affect area biological resources. Regional loss of native areas is a significant issue. The Bakersfield area is subject to the provisions of the MBHCP, thus cumulative impacts have been addressed and considered mitigable to less than significant ~evels. CULTURAL RESOURCES Cumulative Impacts 5.7-3 Cumulative development may adversely affect cultural resources. Resources are evaluated and mitigated on a project-by-project basis. Less than significant impacts are anticipated. Facts Supporting F nding Potential impacts would be site specific and an evaluation of potential impacts would be conducted on a project-by-project basis. Each incremental development would be required to comply with all applicable State, Federal and City regulations concerning preservation, salvage, or handling of cultural resources. In consideration of these regulations, potential cumulative impacts upon cultural resources would not be considered significant. WATER RESOURCES Cumulative Impacts 5.8-7 The proposed Project, in combination with other cumulative projects, would result in increased degradation of surface water quality and flooding impacts. Compliance with Federal, State, and local requirements on a project-by-project basis would reduce cumulative impacts to a less than significant level. Facts Supporting Finding Cumulative effects related to hydrology resulting from implementation of the proposed project and development in the vicinity and surrounding areas may expose more persons and property to potential water hazards. Cumulative development may also adversely affect downstream water quality, resulting in impacts to surface and ground water supplies. The potential cumulative impact is mitigated through required drainage studies to identify potential impacts, relationship to City and County drainage master plans, and implementation of appropriate on- site and off-site drainage improvements. Projects are also required to implement NPDES and BMP measures on a project basis to reduce potential water quality impacts. In addition, Exhibit A Septe~ermu 200~1~ Findings of Fact 20 of 60 >_ ~ OR~G NAL Alien Road Crossing at the Kern River EIR projects may require drainage improvements in order to be in compliance with the City General Plan and Zoning standards in addition to local and regional agency requirements, as part of the discretionary review process. There are no cumulative impacts associated with the proposed Project. GEOLOGIC AND SEISMIC HAZARDS Fault Rupture 5.9-2 Implementation of the proposed Project does not have the potential to expose people to adverse effects associated with rupture of a known earthquake fault. Analysis has concluded that impacts associated with fault ruptures are less than significant. Facts Supportinq Findinq Active or potentially active faults are located within the southern San Joaquin Valley region. The south end of the San Joaquin Valley is bordered by four major fault systems all of which are considered to be active: San Andreas, Garlock, White Wolf, and the Kern Front faults. Source Type A or B ea~hquake faults are located within 9.32 miles or 6.21 miles respectively of the Project site. The Seismic Source Type for the site is C per the California Building Code (CBC) due to the Kern Front Fault having a maximum moment magnitude of <6.5 (6.3) and a slip rate of <5mm/year. This fault is located 13.2 kilometers from the Project site. It is probable that these faults will move in the future, however, it is unlikely that ground rupture would occur at Project site since it is not located within an Alquist-Priolo Earthquake Fault Zone or within 500 feet of a known active fault trace. Therefore, impacts are considered to be less than significant in this regard. Landslides 5.9-5 Implementation of the proposed Project has a Iow potential of exposing people to seismically induced/ands/ides. Less than significant impacts are anticipated in this regard. Facts Supportinq Findinq The proposed Project site is located in a moderately stable area with the majority of the slopes less than 5 percent. The streambed area consists of loose sand within the channel with gently sloping banks, which appear to be stable. No bedrock outcrops are present within ¼-mile of the site. No evidence of historic landslides or creep was observed in this area. The Geological Hazard Study indicates a Iow potential for rock falls or landslides to impact the site in the event of a major earthquake. The proposed Project site is moderately stable, according to the Study, and less than significant impacts are anticipated in this regard. Dam Inundation 5.9-6 Implementation of the proposed Project may expose the proposed bridge structure to a significant risk resulting from a seismically-induced failure of Isabella Dam. Less than significant impacts are anticipated. Exhibit A Septer~er 200~ Findings of Fact 21 of 60 >- - Allen Road Crossing at the Kern River EIR Facts Supporting Findinq A break in Isabella Dam caused by an earthquake would result in flooding 60 square miles of the Bakersfield area. The Project area is located in an area of potential surtaca waters and it is possible that some flooding would occur at this location during a major earthquake from an upstream catastrophe including dam failure. As previously mentioned, portions of the proposed alignment are located within Flood Insurance Map Zones A and B with flooding expected within and adjacent to the streambed area during a 100 and/or 500 year storm. Areas north and south of the Project area are in Flood Zone C with minimal flooding expected. The Safety Element of the City of Bakersfield General Plan has identified policies including a response plan for dam failure as well as the maintenance of disaster response plans, development of discretionary approval procedures for critical facilities, and the review of zoning designations, street widths, and circulation patterns for compatibility with evacuation plans. It should be noted that implementation of the Allen Road bridge crossing will complete a critical link in the City's Circulation Element, thereby providing an enhanced evacuation circulation within this portion of the City. The Project would be designed and constructed in strict adherence to City policies and review procedures, therefore, less than significant impacts would occur. PUBLIC SERVICES AND UTILITIES Fire Protection 5.1 0-1 Implementation of the proposed Project will not result in the need for additional fire facilities or personnel. Less than significant impact are anticipated. Facts Supporting Findinq Due to the scope and nature of the proposed Project, impacts are not anticipated. The proposed bridge crossing would provide a direct sequential connection to Stockdale Highway and the future extension of Ming Avenue, whereby, promoting greater fire and emergency access to those areas. The proposed Project would provide potentially beneficial regional fire and emergency response effects by providing access to and from the southwest portion of the City. Current level of fire protection service for the area is adequate with the recent construction of Station 15 of the Bakersfield Fire Department. Staffing of Station 15 would be determined by demand and need of the surrounding area. The proposed Project has the potential of having short-term construction related impacts. If during construction there is a need to redirect traffic or block access mutes or residential streets, this could result in potential delays to emergency response times. This temporary impact would not be considered significant, however, mitigation measures pertaining to coordination during construction is provided to reduce impacts to less than significant levels. Police Protection 5.10-2 Implementation of the proposed Project will not result in the need for additional police facilities or personnel. Less than significant impact. Exhibit A Septerr~r 2004 Findings of Fact 22 of 60 ~-- ORiGiNAL Allen Road Crossing at the Kern River EIR Facts Support ng F ndinq The level of police services is currently adequate for the City and the Project area. The rapid growth and development of the City continues to be the largest factor in providing sufficient police services to the City. The proposed Project is not anticipated to significantly impact police services in the area. The proposed bridge crossing would provide a direct sequential connection to Stockdale Highway and the future extension of Ming Avenue, whereby, promoting greater police access to those areas. Implementation of the proposed Project would provide potentially beneficial regional police emergency response effects by providing access to and from the southwest portion of the City. As with fire protection services, the proposed Project has the potential of having short-term construction related impacts. If during construction, there is a need to redirect traffic or block access routes or residential streets, this could result in potential delays to police response times. Furthermore, construction areas may require additional police monitoring throughout the duration of Project construction both during day and nighttime periods. These temporary impacts would not be considered significant, however, mitigation measures pertaining to coordination during construction are provided to reduce impacts to less than significant levels. Water Resources 5.10-3 Implementation of the proposed Project would not require the expansion of existing water distribution or supply facilities with the project area. Less than significant impact are anticipated. Facts Supporting Findinq The proposed Project would not result in any demands for water services. The Project would not encroach on or displace any existing water facilities. Final engineering design plans will incorporate design elements for the possible future placement of utilities in the bridge structure. Sewer Services 5.10-4 Implementation of the proposed Project would not result in the increase in demand or expansion of sewer services. Less than significant impact. Facts Supporting Finding The proposed Project would not result in any demands for sewer services. The proposed Project design places the alignment across the river easterly of the section line for the purpose of avoiding the existing 42" Allen Road sewer trunk line. Less than significant impacts are anticipated in this regard. Natural Gas 5. 10-6 Implementation of the proposed Project would not result in increased demand for natural gas services. Less than significant impacts are anticipated in this regard. Exhibit A Findings of Fact 23 of 60 Septenj.'l~er 2004u~ Allen Road Crossing at the Kern River EIR Facts Supportinq Findinq Implementation of the proposed Project would not result in increased demand or require the construction of additional facilities for natural gas services. PG&E is planning a future extension of a six (6) inch gas distribution main line from an existing line located on Allen Road, south of the Kern River. The proposed line would be extended north approximately 4,100 feet across the Kern River to connect with an existing gas distribution main on Allen Road. The Project contractor shall coordinate with PG&E staff prior to construction for potential issues that may occur with existing lines in the area. Less than significant impacts are anticipated in this regard. Electrical Services 5.10-7 Implementation of the proposed Project would require temporary use of electricity during construction and long-term electric power for street lighting. However, electricity use would not result in excessive power use that would result in significant impacts to existing facilities. Less than significant impacts are anticipated in this regard. Facts Supporting Findinq Implementation of the proposed Project would not result in excessive demands in electrical services or require the construction of additional facilities. During construction, the Project would require temporary electrical power supply for certain equipment and lighting. The proposed Project would also require electricity for street lighting along the roadway. The connections would be constructed in accordance with the requirements of the City of Bakersfield. The Project contractor shall coordinate with PG&E staff prior to construction for potential issues that may occur. Less than significant impacts are anticipated in this regard. VII. FINDINGS REGARDING EFFECTS DETERMINED TO BE MITIGATED TO LESS THAN SIGNFICANT LEVELS The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, Technical Appendices and the administrative record, finds, pursuant to California Public Resources Code 21081 (a)(1) and CEQA Guidelines 15091 (a)(1), that changes or alterations have been required in, or incorporated into, the proposed project which would mitigate, avoid, or substantially lessen to below a level of significance the following potentially significant environmental effects identified in the Final EIR in the following categories: Aesthetics/Light and Glare, Public Health and Safety, Traffic and Circulation, Air Quality, Biological Resources, Cultural Resources, Water Resources, Geological Resources, and Public Services and Utilities. The potentially significant adverse environmental impacts that can be mitigated are listed below. The City of Bakersfield finds that these potentially significant adverse impacts can be mitigated to a level that is considered less than significant after implementation of mitigation measures identified of the Final EIR. Exhibit A ,~ ~,~ Findings of Fact 24 of 60 Septerr~er zuu~ ~_ Allen Road Crossing at the Kern River EIR AESTHETICS/LIGHT AND GLARE Short-term (Construction) Aesthetic Impacts 5.1-1 Grading and construction would temporarily alter the visual appearance of the Project area. Impacts are considered to be shod-term; would cease upon completion of construction activities and would be reduced to less than significant levels with implementation of the recommended mitigation measure. Exhibit A Findings of Fact 25 of 60 September 2004 0 Allen Road Crossing at the Kern River EIR Facts Supporting Finding Project construction activities would temporarily disrupt views across the site from surrounding areas. Graded surfaces, construction debris, construction equipment and heavy truck traffic would be visible. Soil would be stockpiled and equipment for grading activities would be staged at various locations throughout the Project site. The use of metal storage containers in conjunction with construction activities would be subject to Section 17.57.050 of the Bakersfield Municipal Code, which allows the use of metal storage containers for construction, subject to approval by the Building Director. These impacts would be short-term and would cease upon project completion. With the implementation of the recommended mitigation pertaining to location of screening areas, and compliance with Municipal Code requirements, short-term impacts would be reduced to less than significant levels. Mitigation Measure 5.1-1 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.1-1 Construction equipment staging areas shall be located in the southwest quarter of the site and appropriate screening (i.e., temporary fencing with opaque material), used to buffer views of construction equipment and material, when feasible. Staging locations shall be indicated on final plans and grading plans are subject to review and approval of the City. Compliance with this measure is subject to periodic field inspection by City Staff. Light and Glare Impacts 5.1-3 The Project would generate additional light/glare beyond existing conditions due to street lighting and vehicular traffic. Compliance with City codes and recommended mitigation would reduce potential impacts to less than significant levels. Facts Supporting Finding The Project would create lightJglare impacts to off-site uses and introduce new sources of lighting into the Project area. These sources include lighting for streetlights, lighting for street signs, and lighting from vehicular traffic. On-site light sources may create light spillover and glare impacts on surrounding land uses in the absence of mitigation. Light spill is typically defined as the presence of unwanted light on properties adjacent to the property being illuminated. The streetlights along the bridge crossing would be in compliance with City standards. The Bakersfield Code Section 17.58.060 indicates that light shall be reflected away from residential properties and suggests the use of shields to prevent unwanted light on adjacent residential properties. Based on the fact that the proposed Project area is located over the Kern River, light spiilover impacts could be significant in regard to biological resources. However, as discussed in Section 5.6, Biological Resources, impacts to biological resources as a result of Project implementation would be reduced to less than significant levels with implementation of mitigation measures to minimize light and glare impacts within the Kern River. Mitigation Measure 5.1-3a, and 5.1-3b of the Final EIR reduces impacts below a level of significance. The measures are as follows Exhibit A Septeml~r 2004 Findings of Fact 26 of 60 Allen Road Crossing at the Kern River EIR 5.1-3a To ensure the lighting does not spill over onto the adjacent uses, all street lighting shall be shielded or directed away from adjoining uses pursuant to all applicable lighting standards and requirements of the City Municipal and Zoning Codes. 5.1-3b Prior to issuing a building permit, the lighting plans shall be approved by the City Planner and Traffic Engineer to ensure conformance with the City Municipal Code. The type and location of street lighting standards and the intensity of the lights shall be approved by the Traffic Engineer and City Planner. PUBLIC HEALTH AND SAFETY Valley Fever 5.2-6 Grading within the boundary of the Project may lead to the release of fugitive dust and spores causing Valley Fever. Mitigation which reduces fugitive dust emissions would reduce impacts to a less than significant level. Facts Support nq Findinq If Valley Fever spores occur within the boundaries of the proposed Project, with the absence of mitigation, there is potential for the infection of construction workers and surrounding residents, as well as the project area. Mitigation measures designed to reduce the amount of fugitive dust during grading activities would reduce the likelihood of Valley Fever to a less than significant level (refer to Section 5.4, Air Quality). The long-term covering of portions of the Project alignment with landscaping material, and or impervious roadway surfaces would reduce the long-term potential release of Valley Fever spores to a less than significant level. Mitigation Measures 5.2-6a and 5.2-6b of the Final EIR reduces impacts below a level of significance. The measures are as foltows: 5.2-6a Refer to Section 5.4, Air Quality, regarding fugitive dust mitigation measures. 5.2-6b All areas with bare soil exposed as a result of project earthwork activities shall be landscaped at the earliest time possible or stabilized by watering when winds exceed 25 miles per hour (mph) in order to reduce the potential inhalation of spores causing Valley Fever. TRAFFIC AND CIRCULATION Short-term Construction Impacts 5.3-1 Project implementation would result in temporary circulation impacts associated with construction of the bridge crossing. Impacts to nearby residents, pedestrians, bicyclists, and traffic congestion may occur during construction. However, these impacts are temporary in nature and would cease upon project completion. Implementation of recommended mitigation measures would reduce impacts to less than significant levels. Exhibit A Findings of Fact 27 of 60 Septen~r 2004 ~_ J, ,~ Allen Road Crossing at the Kern River EIR Facts Supportinq Findinq Anticipated impacts to traffic congestion would be minor and cease upon completion of Project construction. A detailed Traffic Management Plan (TMP) would be prepared by a registered Civil Engineer prior to construction of the proposed Project. The TMP will delineate all road closures, provisions to maintain access to adjacent residential properties at all times, prior notices, adequate sign-postings, detours, sufficient headway for horses and riders to pass by, provisions for pedestrian, horseback riders, and bicycle transportation, and permitted hours of construction activity. Proper detours and warning signs would be established along Allen Road and the existing bike path and riding and hiking trail to ensure public safety. The TMP shall be devised so that construction would not interfere with emergency response or evacuation plans. With implementation of appropriate mitigation measures, less than significant impacts are anticipated. Mitigation Measures 5.3-1a and 5.3-1b of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.3-1a Short-term mitigation for roadways shall be mitigated by a Traffic Management Plan (TMP) to be established by the City prior to construction. This Plan shall consist of prior notices, adequate sign-posting, and detours (including pedestrian, horseback, and bicycle paths). The TMP shall specify implementation timing of each plan element (prior notices, sign-posting, detours, etc.) as determined appropriate by the City Engineer. Adequate access to and from adjacent residential areas shall be provided at all times. The TMP shall be devised and approved by the City Police and Fire Departments so that construction shall not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner in an effort to reduce impacts. 5.3-1b Proper detours and warning signs shall be established to ensure public safety. Alternative routes for the existing bike path and riding and hiking trail along the Kern River shall be clearly marked and safety of those that utilize the path shall be considered at all times. This includes the use of proper lighting (where appropriate), fencing/shielding, sufficient headway for horses and riders to pass through, proper storage of equipment and construction supplies, covedng loose piles of soil, silt, clay, sand debris or other earthen material so as to eliminate any discharge onto the existing pathway or temporary pathway and immediately hosing down/cleaning such areas of the existing pathway or temporary pathway that have been affected by construction debris or sedimentation from the Project. Upon completion of construction the existing bike path and riding and hiking trail along the Kern River shall be returned to pre-project conditions. AIR QUALITY Short-term (Construction) Emissions 5.4-1 Temporary construction-related dust and vahicle emissions would occur during construction within the Project area. Analysis has concluded that impacts would Exhibit A Findings of Fact 28 of 60 Septe~er 200~, ORIGINAL Allen Road Crossing at the Kern River EIR be mitigated to a less than significant level. Facts Supportinq F riding Construction of the Project would generate short-term air quality impacts during grading and construction operations. The short-term air quality analysis considers cumulative construction emissions in combination with Project emissions. Temporary impacts from the Project and cumulative construction activities would include: Clearing, grading, excavating and using heavy equipment or trucks creates large quantities of fugitive dust, and thus PM~o; Heavy equipment required for grading and construction generates and emits diesel exhaust emissions; The vehicles of commuting construction workers and trucks hauling equipment generate and emit exhaust emissions; and Emissions from the stationary construction equipment used on-site. The above described emissions from increases in use of power and vehicle emissions are generated during construction activities. Potential odors generated during construction operations are temporary in nature and are not considered to be an impact. It should be noted that emissions produced during grading and construction activities are "short-term" in nature as they occur only for the duration of construction. Fugitive Dust Emissions Short-term air quality impacts associated with Project implementation would primarily result in fugitive particulate matter emissions during construction. Grading, excavation, trenching, filling and other construction activities resulting in increased dust emissions. Regulation VIII of the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD) specifies control measures for specified outdoor sources of fugitive particulate matter emissions. Rule 8010 contains administration requirements, Rule 8020 applies to construction activities, and Rule 8070 applies to vehicle and equipment parking, fueling, and service areas. The SJVAPCD does not require a permit for these activities, but does impose measures to control fugitive dust, such as the application of water or a chemical dust suppressant to graded areas. PM~0 is emitted both during construction activities and as a result of wind erosion over exposed soil surfaces. Clearing and grading activities comprise the major sources of construction dust emissions, but traffic and general disturbance of the soil also generates significant dust emissions. PM~o emissions can vary greatly depending on the level of activity, the specific operations taking place, the equipment being operated, local soils, weather conditions and other factors making quantification difficult. The highest potential for construction dust impacts would occur during the dry late spring, summer and early fall months when soils are dry. Despite this variability in emissions, experience has shown that there are a number of feasible control measures that can be reasonably implemented to significantly reduce PM10 emissions from construction activities. The SJVAPCD's approach to analyses of PM~0 impacts is to require implementation of effective and comprehensive control measures rather than to require detailed quantification of emissions. Exhibit A Findings of Fact 29 of 60 septe~ber ORIG%",L Allen Road Crossing at the Kern River EIR Construction Exhaust Emissions Exhaust emissions from construction activities include emissions associated with the transport of materials and supplies to and from the site, emissions produced on-site as the equipment is used and emissions from trucks transporting excavated materials from the site and fill soils to the site. The SJVAPCD does not require that construction emissions be quantified, as the SJVAPCD does not provide any emission thresholds for construction emissions. However, in order to present a conservative, worst-case analysis, construction emissions for the proposed Project were modeled with URBEMiS2002 (refer to Appendix 15.4, Air Quality Data, for the assumptions used in the analysis). As Table 5.4-5, Construction Emissions, illustrates, construction of the proposed Project would result in approximately 23.9 pounds per day (lbs/day) of ROG emissions, 157 lbs/day of NOx emissions, 198 lbs/day of CO emissions and 20 lbs/day of mitigated PM~o emissions during the year 2006. However, since the proposed Project is anticipated to take approximately 15 months to complete, the following emissions are anticipated for the year 2007; 22 lbs/day of ROG emissions, 154 lbs/day of NOx emissions, 176 lbs/day of CO emissions and 6 lbs/day of PM10 emissions. Table 5.4-5 Projected Construction Emissions Emissions Source Pollutant (poundslday)~ ROG I NOx I CO I PM~0 Y~r2006 UnmitigatedEmissions2 23.9 156.7 197,9 46.3 MitigatedEmissions3 23,9 156.7 197.9 20.1 Year2007 Unmitigated Emissions2 Mitigated Emissions3 ROG = reactive organic gases CO = carbon monoxide 22.4 154.0 176.4 6.3 22.4 154.0 176.4 6.3 NOx = nitrogen oxides PM~o = fine particulate matter Notes: 1. Emissions calculated using the URBEMIS2002 Computer Model. 2. Refert~Appendix15~4~AirQua~ityData~f~rassumpti~nsusedinthisanaiysis~inc~udingquantitiedemissi~nsreducti~n by mitigation measures. 3. The reduction/credits for construction emission mitigations are based on mitigations included in the UREBMIS2002 computer model and as typically required by the SJVAPCD. The mitigations include the following: proper maintenance of mobile and other construction equipment and speed limitation on unpaved roads to 15 mites per hour. Construction Emission Reduction Fugitive dust and equipment emissions associated with grading and construction is expected to be short-term and would cease following Project completion. Additionally, most of the dust generated during construction is composed of inert silicates, rather than complex organic particulates as would be released from combustion sources, which are more harmful to health. Dust (larger than 10 microns) generated by such activities usually becomes more of a local nuisance than a serious health problem. Exhibit A Findings of Fact 30 of 60 Sep~mber'~4 ORIGINAL Alien Road Crossing at the Kern River EIR The SJVAPCD's recommended approach to mitigating construction emissions focuses on a consideration of whether all feasible control measures are being implemented. The proposed Project would be required to develop and implement a PM~0 dust prevention and control plan in compliance with Regulation VIII. The PM~0 prevention plan would specify the methods of control that would be utilized and would identify an individual responsible for authorizing implementation of additional measures, if needed. Therefore, shod-term construction impacts would be mitigated to a less than significant level with implementation of Regulation VIII Control Measures as outlined in Table 6-2 - Regulation VIII Control Measures for Construction Emissions of PM~o and Table 6-3 - Enhanced and Additional Control Measures for Construction Emissions of PM~o in the SJVAPCD's CEQA Guidelines (refer to Table 5.4-6 - Control Measures for Construction Emissions of PM~o). Table 5.4-6 Control Measures for Construction Emissions of PM~0 Regulation VIII Control Measures - The following controls are required to be implemented at all construction sites. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/ suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemioal stabilizer/suppressant. All land cleedng, grubbing, scraping, excavation, land leveling, grading, cut and till, and demolition activities shall be effectively contreiled of fugitive dust emissions utilizing application of water or by presoaking. With the demolition of buildings up to six stories in height, al~ extedor surfaces of the building shall be wetted dudng demolition. When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. All operations shall limit or expeditiously remove the accomu~atioe of mud or dirt from adjacent public streets at the end of each workday. (The use of dr,/rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of b~ower devices is expressly forbidden.) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient wafer or chemical stabilizer/suppressant. Within urban areas, trackout shal~ be immediately removed when it extends 50 or more feet from the site and at the end of each workday. Any site with 150 or more vehicle thps per day shall prevent carryout and trackout. Enhanced Control Measures - The following measures should be implemented at construction sites when required to mitigate significant PM~0 impacts. Theee measures are to be implemented in addition to Regulation VIII requirements. Limit traffic speeds on unpaved roads to 15 mph. Install sandbags o~ other erosion control measures to prevent silt runoff to public roadways from sites with a slope ~lreater than o~e percent. Source: San Joaquin Valley Air Pollution Control District, Guide for Assessing and Mitigating Air Quafity Impacts, January 2002. Implementation of the mitigation measures identified in Table 5.4-6 combined with measures identified at the end of this Section to reduce equipment emissions would serve to reduce construction-related emissions to less than significant levels. Mitigation Measures 5.4-1a and 5.4-1b of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.4-1a Construction of the Project requires the implementation of control measures set forth under Regulation VIii, Fugitive PMt0 Prohibitions of the San Joaquin Valley Air Pollution Control District. The following mitigation measures, in addition to Exhibit A Findings of Fact 31 of 60 Septen~er 2004 Allen Road Crossing at the Kern River EiR 5.4-1b those required under Regulation Viii, shall be implemented to reduce fugitive dust emissions associated with the Project: All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemica~ stabilizer/suppressant. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. Limit traffic speeds on unpaved roads to 15 mph. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent. The following measures shall be implemented by the construction contractor to further reduce construction emission exhaust: Exhibit A Findings of Fact 32 of 60 ORiG',NAL Allen Road Crossing at the Kern River EIR Heavy construction equipment shall be property tuned and maintained to reduce emissions. Construction equipment shall be fitted with the most modern emission control devices. The construction manager shall monitor compliance with the measure and is subject to periodic inspection by the City. Require vapor control from the transfer of fuel from the fuel truck to vehicles both during construction and subsequent operations. Diesel powered equipment shall be located as far away as possible from sensitive land uses. Specifically, diesel compressors, pumps and other stationary machinery shall be located to the extent feasible, away from sensitive receptors. Construction equipment shall be shut off to reduce idling when not in direct use for extended periods of time. Cumulative Impacts 5.4-4 Impacts to regional air quality resulting from the proposed Project and cumulative projects may impact existing regional air quafity levels on a cumulative basis. Impacts from projects would be evaluated and mitigated on a project-by-project basis, resulting in less than significant impacts. Facts Supportinq Findinq Based on the SJVAPCD CEQA Guidelines, any project that would have an individually significant operational air quality impact would also be considered to have a significant cumulative air quality impact. An adequate cumulative impact analysis considers a project over time and in conjunction with other related past, present and reasonably foreseeable future projects who's impacts might compound or interrelate with those of the project being assessed. The SJVAPCD CEQA Guidelines states that cumulative CO impacts (the only long-term emissions associated with the proposed Project) are accounted for in the CO hotspot analysis. As discussed in Impact Statement 5.4-2, Long-Term (Operational) Emissions, CO impacts would be less than significant. Since the proposed Project construction emissions would be mitigated to a less than significant level and operation of the proposed Project would not exceed SJAVPCD thresholds, cumulative impacts would be less than significant. Mitigation Measures 5.4-4 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.4-4 SJVAPCD Standards and City Municipal Code requirements would be implemented on a project-by-project basis. BIOLOGICAL RESOURCES Exhibit A Findings of Fact 33 of 60 Septer~er 200~ O~O;NAL Allen Road Crossing at the Kern River EIR Short-term (Construction) Impacts 5.6-1 Construction of the proposed Project would result in temporary impacts to biological resources in the Project area. Project adherence to all applicable construction minimization measures outlined throughout the EIR, would reduce impacts to less than significant levels. Facts Supporting Finding Grading activities would disturb soils and result in the accumulation of dust on the surface of leaves, trees, shrubs, and herbs. The respiratory function of the plants in the area would be impaired when dust accumulation is excessive. However, most of the vegetation on the Project site is non-native or representative of historically occurring vegetation types. Implementation of standard dust suppression measures identified in Section 5.4, Air Quality, would serve to reduce construction-related dust generation. Therefore, the indirect effect of impaired respiration by existing plant species on the Project site is considered less than significant. The Biological Technical Report indicates that noise levels on the Project site during construction of the proposed project would not likely increase appreciably above existing noise levels because of its location adjacent to developing urban areas. Temporary increases in noise levels are unlikely to impact wildlife because resident animals are already acclimated to the high noise levels associated with nearby traffic and adjacent development. The Project is not expected to result in displacement due to increased disturbance. Therefore, project-related construction noise impacts would be considered less than significant. Mitigation Measures 5.6-1 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.6-1 Refer to mitigation measures provided in Section 5.4, Air Quality and Section 5.8, Water Resources. Special Status Plants 5.6-2 Project construction would permanently impact a total of 9.4-acres, potentially impacting several special status plant species known to occur in the area. Mitigation in accordance with the MBHCP requirements and recommended mitigation measures, as set forth in this EIR, would reduce impacts to less than significant levels. Exhibit A Findings of Fact 34 of 60 Septemb~ ~)4~ Allen Road Crossing at the Kern River EIR Facts Support ng F nd ng Twenty (20) special status plant species are known to occur in the proposed project region. Eleven (11) of these species are not expected to occur due to lack of suitable habitat, or because the project site is not within the geographic or elevation range of the species. The remaining nine species have the potential to occur on the project site including the alkali mariposa lily, California jewel-flower, slough thistle, recurred larkspur, Hoover's woolly-star, Coulter's goldfields, San Joaquin woolly-threads, oil neststraw, and Mason's neststraw. Five of these species are covered in the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP), including those that are listed as Threatened or Endangered by the resource agencies. Potential impacts associated with the loss of habitat for these species would be mitigated under the MBHCP. The remaining four species, alkali mariposa lily, Coulter's goldfields, oil neststraw, and Mason's neststraw, are not covered by the MBHCP. Spring surveys would be required to determine the presence or absence of Alkali mariposa lily, California jewel-flower, slough thistle, recurved larkspur, Hoover's woolly-star, Coulter's goldfields, San Joaquin woolly-threads, oil neststraw, and Mason's neststraw as they all have the potential to occur on the project site. The California jewel-flower, slough thistle, recurved larkspur, Hoover's woolly-star, and San Joaquin woolly-threads are all covered species under the MBHCP. impacts on these species would be potentially significant if these species were present within the impacts area, and if the size of the population and status of the species warrant a finding of significance. Impacts on these species would be mitigated to less than significant with the payment of the MBHCP fee. The remaining species, alkali mariposa lily, Coulter's goldfields, oil neststraw, and Mason's neststraw are a~l CNPS List lB species that are not covered by the MBHCP. if present within the impact area, impacts on these species may be considered potentially significant depending on the size of the population and status of the species. The emphasis of the MBHCP is on habitat protection, reflecting a comprehensive ecological approach for addressing listed species. Preserve design and selection under the MBHCP is intended to conserve entire communities and ecosystems; therefore, species that are not currently listed or identified in the MBHCP would be incorporated into preserve systems. Therefore, mitigation under the MBHCP to reduce impacts on listed species would also be sufficient to mitigate impacts to non-listed species. Mitigation Measures 5.6-2 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.6-2 The City shall pay a one-time mitigation fee at the time grading plans are approved or building permits are issued, The mitigation fee for 2003, which may be increased to account for inflation (MBHCP 1994), is $1,240 per acre. The mitigation fee shall apply to the acreage of all vegetation and habitat directly impacted by the proposed Project (except developed areas). The proposed Project would impact 12.18 acres of vegetation, which would result in a required payment of $15,103.20. The funds paid shall be directed towards purchase of lands as determined appropriate by the MBHCP Implementation Trust Group. Exhibit A Findings of Fact 35 of 60 Septel~er 200~ 0RIG!NAL Allen Road Crossing at the Kern River EIR Special Status Wildlife 5.6-3 Special status wildlife species are known to inhabit the area and could be potentially impacted during construction of the proposed Project. Mitigation in accordance with the MBHCP requirements and recommended mitigation measures, as set forth in this EIR, would reduce impacts to less than significant levels. Facts Supportinq F ndinq Invertebrates The Kern shoulderband is not expected to occur on the Project site. One Mexican elderberry tree, habitat for valley elderberry longhorn beetles, is present approximately 320 feet west of centerline, which is well outside the impact area. This single tree is not expected to support a valley elderberry longhorn beetle population, but it is the only elderberry in the Project's vicinity; therefore, the tree would be avoided during project construction by maintaining a minimum 100 foot setback. Therefore, the Project is not expected to impact the Kern shoulderband and elderberry longhorn beetles. The Monarch butterfly has potential to forage and potentially roost on the Project site. Impacts to this species would be temporary loss of habitat. Due to the limited amount of habitat loss relative to the availability of similar habitat in the region, impacts would be considered less than significant. Amphibians The western spadefoot has potential to breed in the riparian herb vegetation type present on the project site. Impacts on this vegetation type would result in the loss of breeding habitat for the western spadefoot, if Project construction begins before this herb vegetation type area is inundated, then similar habitat immediately east of the Project site could be used for breeding and impacts would be considered less than significant. However, if project construction begins after this area is inundated and the western spadefoot is in its breeding season, impacts could include the loss of a large percentage of the adult population and all offspdng for that year. These impacts could be considered potentially significant because this species is considered to meet the criteria in Section 15380 of CEQA. Implementation of recommended mitigation measures, including limitation on construction activities and development of a relocation program would reduce this impact to a less than significant level. Reptiles The southwestern pond turtle, blunt-nosed leopard lizard, and the giant garter snake are not expected to occur on the Project site. No impacts on these species are anticipated. The silvery legless lizard, San Joaquin whipsnake, and California horned lizard all have potential to occur on the project site. If present, impacts to these species would be due to Exhibit A Findings of Fact 36 of 60 Septembe>_t"~004 ~ ~ rn Allen Road Crossing at the Kern River EIR loss of habitat and direct mortality. Due to the limited amount of habitat loss relative to the availability of similar habitat in the region, impacts would be considered less than significant. Birds Of the 18 special status bird species in the project region, five are not expected to occur on the Project site as foraging or nesting species. These species are mountain plover, yellow- billed cuckoo, southwestern willow flycatcher, white-faced ibis, and least Bell's vireo. Eight others may forage in the area occasionally but are not expected to nest. These species are the sharp-shinned hawk, tricolored blackbird, short-eared owl, burrowing owl, ferruginous hawk, merlin, peregrine falcon, and prairie falcon. The proposed Project would contribute to an incremental loss of habitat for these species, but these impacts would be considered less than significant due to the limited amount of potential habitat that would be impacted relative to the amount of similar habitat present in the Project vicinity. The loggerhead shrike occurs on the Project site and has a high probability of nesting in the shrubs on the Project site. The proposed Project would contribute to an incremental loss of habitat for this species, but these impacts would be considered less than significant due to the limited amount of potential habitat that would be impacted relative to amount of similar habitat present in the Project vicinity. The Cooper's hawk, Swainson's hawk, northern harrier, and white-tailed kite have potential to nest on or adjacent to the project site. The northern harrier is a ground-nesting species, while the Cooper's hawk, Swainson's hawk and white-tailed kite would nest in the trees on the project site. All of them are located outside of the construction limits, therefore direct impacts on nesting birds that may use trees are not anticipated. However, if the Project design changes require disturbance to existing trees, measures to avoid impacts are recommended. According to the Biological Technical Report, impacts on any active raptor nest (common or special status species) would be considered a violation of the California Fish and Game Code Sections 3503, 3503.5, and 3513. These impacts could cause direct mortality of nestlings and/or abandonment of the nest. Therefore, any impact on the nest of this species or common raptor species would be considered potentially significant. Impacts on raptor nesting would be reduced to less than significant with the implementation of mitigation measures. The loss of foraging habitat would cumulatively contribute to the ongoing regional and local loss of foraging habitat for all raptor species. However, this impact is considered less than significant because a relatively substantial amount of similar foraging habitat is available in the region. Mammals The San Joaquin antelope squirrel, giant kangaroo rat, shod-nosed kangaroo rat, and Buena Vista Lake shrew are not expected to occur on the Project site. No impact on these species is anticipated. The federally and state-listed threatened San Joaquin kit fox is known from the Project region, and scat from the kit fox was observed on the Project site during focused surveys Exhibit A Findings of Fact 37 of 60 Septe o~b~ Allen Road Crossing at the Kern River EIR conducted for the Biological Technical Report. Impacts to this species would be due to loss of habitat and considered potentially significant. Although this species is covered under the MBHCP, focused surveys were conducted so that impacts can be avoided to the furthest extent possible. The Biological Technical Report indicates during the focused kit fox den surveys, several potential dens on the project site were detected. These potential dens primarily consisted of concrete riprap and irrigation pipe in the project site that could be used by the foxes as refugium. Although these potential dens are not likely regularly used by kit fox, if a fox seeks temporary shelter in a potential den as construction begins, individual foxes could be taken. Mitigation for the loss of habitat is covered under the existing MBHCP. However, loss of individuals may be considered potentially significant without additional avoidance measures. Therefore, implementation recommended mitigation to avoid possible take of San Joaquin kit fox individuals during construction would reduce impacts to less than significant levels. Rodent burrows of the type and size used by kangaroo rats are present throughout the project area, many showing signs of recent use by kangaroo rets. Although no trepping was conducted during the wildlife survey, Tipton kangaroo rat is known from this area and it is likely that the species is present on the project site as several burrows that could be occupied by Tipton kangaroo ret were observed on the project site. Impacts to this species would be due to loss of habitat and direct mortality. Mitigation for the loss of habitat and Tipton kangaroo rat individuals is covered under the existing MBHCP. Therefore, impacts on this species would be considered less than significant with implementation of recommended mitigation measures. The Tulare grasshopper mouse, San Joaquin pocket mouse and American badger have potential to occur on the project site. If present, these impacts would be due to loss of habitat and direct mortality. Impacts would be considered less than significant due to the limited amount of habitat loss relative to the availability of similar habitat in the region. The pallid bat and Yuma myotis also have potential to occur on the project site for foraging. The loss of foreging habitat would cumulatively contribute to the ongoing regional and local loss of foraging habitat for these bat species. This impact is considered less than significant because a relatively substantial amount of similar habitat is available in the region. Impacts on habitat for special status species, including San Joaquin kit fox, will be mitigated through the payment of a one-time mitigation fee due and payable to the City of Bakersfield at the time greding plans are approved or building permits are issued. The mitigation fee is currently $1,240 per acre, although it may be increased in the future to keep pace with inflation. The mitigation fee will apply to the acres of all vegetation types directly impacted by the proposed project. The mitigation fee will not apply to acres of vegetation indirectly impacted by the chosen alternative. Although the project was not previously included in the MBHCP area, the MBHCP Implementation Trust Group has approved the proposed project to participate in the MBHCP. Therefore, less than significant impacts are anticipated. Mitigation Measures 5.6-3a-¢ of the Final EIR reduces impacts below a level of significance. The measures are as follows: Exhibit A Findings of Fact 38 of 60 Septer~er 2004¢ Allen Road Crossing at the Kern River EIR 5.6-3a 5.6-3b 5.6-3c A focused survey shall be conducted on the project site for the western spadefoot toad prior to construction and during the breeding season (February through May). The survey results will be submitted to CDFG within 45 days after completion of the last survey. If it is determined that the western spadefoot toad is not present on the project site, then no further mitigation is necessary. However, if the western spadefoot toad is located on the project site then a relocation program shall be developed. The relocation program shall include a detailed methodology for locating, capturing, and relocating individuals prior to construction. The program shall identify a suitable location for relocation of the western spadefoot toad prior to capture. The relocation program shall stipulate that a biologist with the necessary permits for handling the western spadefoot toad be retained to relocate toads. Prior to implementation of the relocation program, the program and the biologist(s) implementing the program shall be subject to approval of the CDFG. Seven days prior to the onset of construction activities, a qualified biologist shall survey within the limits of project disturbance for the presence of any active raptor nests (common or special status). Any nest found during survey efforts shall be mapped on the construction plans. If no active nests are found, no further mitigation would be required. Results of the surveys shall be provided to the CDFG. If nesting activity is present at any raptor nest site, the active site shall be protected until nesting activity has ended to ensure compliance with Section 3503.5 of the California Fish and Game Code. Nesting activity for raptors in the region of the project site normally occurs from February 1~ to June 30th. To protect any nest site, the following restrictions on construction are required between February 1st and June 30th (or until nests are no longer active as determined by a qualified biologist): (1)clearing limits shall be established a minimum of 300 feet in any direction from any occupied nest and (2) access and surveying shall be restricted within 200 feet of any occupied nest. Any encroachment into the 300/200 foot buffer area around the known nest shall only be allowed if it is determined by a qualified biologist that the proposed activity shall not disturb the nest occupants. Construction during the non-nesting season can occur only at the sites if a qualified biologist has determined that fledglings have left the nest. Impacts on San Joaquin kit fox habitat would be fully mitigated through payment of the mitigation fee for the MBHCP (Mitigation Measure 5.6-1). The MBHCP also contains guidelines for addressing project impacts on known fox dens, but not potential dens. Although only potential dens occur within the project site, the following measures shall be completed implemented to further reduce impacts on this species: When construction begins, a qualified biologist shall be present on site to inspect the excavation of debris piles, riprap, and abandoned pipe for the Exhibit A Findings of Fact 39 of 60 Septem~r 20~'4~, Allen Road Crossing at the Kern River EIR presence of San Joaquin kit fox to avoid take. Monitoring and excavation shall be according to USFWS and CDFG approved guidelines; Pets shall not be permitted on the project site during project activities, except if confined or leashed; Ali food-related trash, such as wrappers, cans, bottles, and food scraps, shall be disposed of in closed containers only and regularly removed from the project site; All spills of hazardous materials within endangered species habitats shall be cleaned up immediately, and no equipment maintenance or refueling shall occur within the Kern River floodplain; All construction activities shall be conducted during daylight hours; All project-related vehicles shall observe a speed limit of 20 mph or less on the Project site, except on existing paved city roads; All trenches left uncovered over night shall be ramped to allow animals that fall into the trench to escape; The boundaries of the project site shall be delineated using orange snow fencing to ensure that adjacent habitats will not be impacted Jurisdictional Impacts 5.6-5 Project construction will impact jurisdiction under the U. S. Army Corps of Engineers and California Department of Fish and Game. With implementation of permit conditions imposed by the agencies, including the provision for providing compensatory mitigation, impacts within the Kern River subject to ACOE and CDFG review would be less than significant. Facts Supportinq Findinq Construction activities within jurisdictional areas of the Kern River will be subject to approval by the ACOE 404 Permit, the CDFG 1602 SAA and the 401 Water Quality Certification from the RWQCB. The proposed bridge is anticipated to require up to 28 separate piers, each with 25 separate piles, 16 inches in diameter to support the roadway. Approximately 0.04-acres of ACOE jurisdictional waters (nonvegetated) and 0.31-acres of CDFG jurisdiction would be permanently impacted by the implementation of the proposed bridge crossing of the Kern River. These impacts are as a result of the concrete piles and associated bridge abutments. Approximately 2.68-acres of ACOE jurisdiction (non-wetland) and 6.03-acres of CDFG jurisdiction would be temporarily impacted during construction of the bridge structure. Temporary impacts consist of work areas, false work, and temporary access. Exhibit A Findings of Fact 40 of 60 Septer~3er 200~ Allen Road Crossing at the Kern River EIR Based on the amount of jurisdictional impacts, it is anticipated that the proposed improvements can be authorized via Nationwide Permit (NWP) 14, Linear Transportation Projects, and NWP 33, Temporary Construction, Access, and Dewatering. Prior to obtaining the NWP, a 401 Water Quality Certification must be obtained from the RWQCB. A 1602 SAA is required from the CDFG prior to any alteration of the Kern River; generally, all regulatory permits can be processed concurrently. The City will be required to provide compensatory mitigation at a minimum 3:1 ratio for impacts to the primary floodplain consistent with the MBHCP, including any additional ratios deemed appropriate by the aforementioned regulatory agencies. Implementation of mitigation measures would reduce impacts to less than significant levels. Mitigation Measures 5.6-3a-c of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.6-5 Prior to commencement of construction activities, the City shall obtain a 404 permit from the ACOE, a 1602 SAA from the CDFG, and a Section 401 Water Quality Certification from the RWQCB. For impacts to non-wetland waters, typical mitigation/minimization measures required by the regulatory agencies (ACOE, CDFG and RWQCB) may include, but not be limited to the following: On-site preservation enhancement. Off-site preservation through the purchase of suitable habitat or participation in an existing mitigation bank. On-site treatment of flows from developed surfaces prior to such flows entering waters of the U.S. (i.e., mechanical filters, bio-swales, or other similar post-construction BMPs). No work will be performed within the Kern River during periods of water flow. Specific replacement ratios and other mitigation/minimization measures, in addition to the 3:1 ratio required under the terms and conditions of the MBHCP, shall be developed and implemented by the City in consultation with the regulatory agencies during the permit process. CULTURAL RESOURCES 5.7-1 Implementation of the proposed Project may cause a significant impact to unknown archaeological or historical resources on-site. Implementation of the recommended mitigation measures would reduce impacts to unknown archaeological resources to a less than significant level Facts Supporting Finding No potentially significant cultural resources were identified in or adjacent to the proposed Project's APE. Similarly, no resources were identified in the APE during previous studies that involved the Project area. An isolated historic artifact found at the intersection of the Allen Road and Ming Avenue alignments does not constitute a significant resource and has been mitigated through recordation and collection by a qualified archaeologist. Therefore, Exhibit A Findings of Fact 41 of 60 Septem~er 200~d.~_ Alien Road Crossing at the Kern River EIR the project will not adversely affect any known cultural resources that are included in or appear to be eligible for inclusion in the National Register of Historic Places (under the National Environmental Policy Act [NEPAl) or the California Register of Historic Resources (under CEQA). Major river systems such as the Kern River were important to people during the prehistoric era. In the project vicinity, this sensitivity is indicated by six prehistoric archaeological sites and two isolated artifacts recorded within 0.5 to 1.0-mile of the APE. However, it is still possible that erosional or depositional processes, along with other impacts have obscured cultural remains that may be present. While it is unlikely that significant village or habitation sites exist within the area, there is always the potential, regardless of how remote, that cultural resources may yet be unearthed during construction. The portion of the APE north of the Kern River is heavily disturbed and largely built over, and no monitoring seems necessary there. Ground-disturbing activities for the project may involve deep grading or drilling for piers or pylons to support the proposed bridge. Implementation of the proposed Project therefore has the potential to disturb or destroy undocumented archaeological or historical resources. Measures such as proper monitoring of Project grading activities and testing of any resources found as a result of Project development would reduce potential impacts to undocumented archaeological resources to less than significant levels. Mitigation Measures 5.7-1a,b of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.7-1a If archaeological resources are discovered during excavation and grading activities on-site, the contractor shall stop all work and the City shall retain a qualified archaeologist to evaluate the significance of the finding and appropriate course of action. Salvage operation requirements pursuant to Section 15064.5 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. 5.7-1b If human remains are discovered as a result of the project during any earth removal or disturbance activities, all activity shall cease immediately and the Kern County Coroner's Office must be notified immediately under state law and a qualified archaeologist and Native American monitor shall be contacted. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. Paleontological Resources 5.7-2 Implementation of the proposed Project may cause a significant impact to buried paleontological resources on-site. Implementation of the recommended mitigation measures would reduce impacts to unknown paleontological resources to a/ess than significant level. Exhibit A Findings of Fact 42 of 60 Septe ~r~er 2004~ Allen Road Crossing at the Kern River EIR Facts Suooortina Findinq As previously discussed above, the vicinity of the project is immediately underlain by Quaternary (Holocene and Pleistocene) alluvium and gravels that are unlikely to contain significant vertebrate fossil remains. Current records at the NHMLAC and BVMNH do not indicate any recorded fossil localities in the area. However, deep excavations that extend into lower (older) Quaternary (Plio-Pleistocene) deposits could encounter such remains. Ground-disturbing activities for the project may involve deep grading or ddlling for piers or pylons to support the proposed bridge structure. As a precautionary measure, a qualified paleontologist would be retained to inspect the excavations and resultant spill soils for the presence of fossil remains. If potentially significant fossil remains are identified, appropriate paleontological measures would be implemented to salvage the materials for study at a local institution such as the BVMNH. Implementation of the recommended mitigation measure would reduce impacts to a less than significant level. Mitigation Measures 5.7-2 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.7-2 A qualified paleontologist shall be retained to examine earthwork spoils generated during construction activities. If paleontological resources are discovered on the site, the contractor shall stop all work and the paleontologist shall evaluate the significance of the finding and appropriate course of action. WATER RESOURCES Flooding 5.8-1 Implementation of the proposed Allen Road/Kern River Bridge project may result in potential flooding impacts. Analysis has concluded that with incorporation of specific engineering requirements, less than significant impacts would occur. Facts Supporting Findinq Project implementation may result in minor changes to the course or direction of fresh water currents of the Kern River. The Kern River Designated Floodway Study & Calculations for the Allen Road Bridge Project was prepared by Meyer Civil Engineering, Inc. to observe effects the proposed Project would have on the designated floodway of the Kern River. The study recommended several design specifications to be implemented to the bridge, abutments, and embankments. They include the following: Alignment of the pier bents and abutments should parallel average channel flow direction. Abutments should not encroach into the sand channel. Profile of the bridge can be set on a minimum height of 1 foot freeboard from the under-deck to the 500 year water surface. Exhibit A Findings of Fact 43 of 60 Septemb~ 2004 Allen Road Crossing at the Kern River EIR Downstream protection of the north levee at the point where it changes direction to the west should be assured. This bend in the levee protrudes into the direction of an extended vector of the flow through the bridge. This will require placement of a rocked slope face that extends approximately 50 feet upstream and 50 feet downstream of the bend in the existing levee. The south levee height should be increased approximately 0.3 feet between River Stations 12.18 and 12.25, (as seen in the study) approximately 375 feet in length, to provide a minimum of 3 feet of freeboard for the 100 year flow. Since this levee was recently constructed and has been certified, additional compacted fill can be added over the roadway and on the south side of the slope. Although the proposed bridge alignment is situated within the 100 year floodplain (primary floodplain of the Kern River), with implementation of the design elements recommended above the construction of the six (6) lane all-weather bridge will not increase the potential of water-related hazards such as flooding to nearby residents and property. Construction of the bridge will provide a safe and desirable crossing over the Kern River. As previously mentioned, the proposed Project is consistent with the Metropolitan Bakersfield General Plan Circulation Element and Kern River Plan Element. A less than significant impact would occur after compliance with applicable State and local and implementation of recommended design elements. Mitigation Measures 5.8-1 of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.8-1 Prior to the approval of final project plans and specifications, the City Engineer, or his designee, shall confirm that recommended design elements have been incorporated so that the project site will be adequately protected from the 100- year storm, will not adversely impact downstream properties, and is designed in conformance with applicable City and County requirements. Groundwater 5.8-2 Project implementation would not contribute to the depletion of groundwater supplies or interfere with current groundwater recharge activities on the adjacent Berrenda Mesa Water District property. With implementation of mitigation measures, less than significant impacts would occur. Facts Suooortinq Findinq As described in Section 3.0, Project Description, the proposed Project will include specific design elements to facilitate safe access and the continued delivery of water to the Berrenda Mesa Water District (District) recharge basins located immediately west of Allen Road, south of the Kern River. The City will continue to work with the District to ensure that post-construction unauthorized access to basins is restricted from Alien Road and Ming Avenue. In addition, the City shall ensure that ali appropriate measures are incorporated into the project design to protect the existing water well and cellular phone tower while allowing access for maintenance and operation of the facilities. Exhibit A Findings of Fact 44 of 60 Septerr~er 200~, Allen Road Crossing at the Kern River EIR The Project will not alter the direction or rate of flow, or substantially deplete the quantity of groundwater resources, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. Due to the scope and nature of the proposed Project, the construction of a six (6) lane all-weather bridge over the Kern River, impacts to groundwater supplies or groundwater recharge is not anticipated. Existing culverts and control structures that divert and regulate water to the District's recharge basins would be lengthened and/or relocated if determined necessary during development of final design plans. Drainage of the bridge deck will also be managed so that no runoff occurs into the Kern River, CVC or onto the Berrenda Mesa property. The bridge design may include new catch basin locations that will be tied into existing storm drain lines located north and south of the bridge as required. Therefore, implementation of the proposed Project will not contaminate a public water supply, interfere with groundwater recharge or substantially degrade water quality. A less than significant impact would occur in this regard after compliance with State and applicable local regulations. Mitigation Measures 5.8-2a,b of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.8-2a Prior to the approval of final project plans and specifications, the City Engineer, or his designee, shall confirm that safe access from Allen Road and Ming Avenue for the ongoing maintenance and operation of the groundwater banking project on Berrenda Mesa property is maintained. 5.8-2b Prior to the approval of final project plans and specifications, the City Engineer, or his designee, shall confirm that drainage from the bridge deck is managed so that no runoff occurs into the Kern River, Cross Valley Canal, or onto the Berrenda Mesa Property. WATER QUALITY Short-Term (Construction) Impacts 5.8-3 Site preparation and construction operations would temporarily increase the potential for pollutants, debris and sediments to enter the Kern River and/or other water resources. Implementation of required mitigation measures, less than significant impacts would occur. Facts Supportinq Findin~l Implementation of the specified requirements (i.e., compliance with the NPDES requirements and completion of a SWPPP) would reduce construction-related impacts to a less than significant level. To address temporary impacts on water quality during construction, the project contractor would adhere to the conditions of the NPDES Permit - Statewide Stormwater Permit and Waste Discharge Requirements (WDRs) for the State of California, Department of Transportation (Caltrans), (Order No. 99-06-DWQ, NPDES No. CAS000003), which applies to roadway properties, facilities, and activities. This permit incorporates, by reference, the statewide general NPDES permit for Waste Discharge Exhibit A Findings of Fact 45 of 60 September 2004 ~ ORIGINAL Allen Road Crossing at the Kern River EIR Requirements (WDRs) for Discharges of Stormwater Runoff Associated with Construction Activity (Order No. 99-08-DWQ, NPDES No, CAS000002). The proposed Project would include mitigation measures which, when implemented, would reduce potential water quality impacts to less than significant levels, Mitigation Measures 5.8-3 a, b of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.8-3a Prior to the approval of final project plans and specifications, the City Engineer, or his designee, shall confirm that the plans and specifications stipulate that prior to the issuance of grading permits, on-site drainage shall be in compliance with the NPDES guidelines. 5.8-3b Prior to approval of the project plans and specifications, the City Engineer, or his designee, shall confirm that the plans and specifications stipulate that prior to the issuance of any grading permits, the project applicant shall be responsible for filing a Notice of Intent (NOI) and for filing the appropriate fees pursuant to the NPDES program. The project contractor shall incorporate stormwater pollution control measures into a SWPPP. BMPs shall be implemented to the maximum extent possible. Evidence that proper clearances have been obtained through the SWRCB, including but not limited to the coverage under the NPDES statewide General Stormwater Permit for Construction Activities, must be demonstrated. 5.8-4 Pile driving activities associated with bridge construction may cause structural damage to the Allen Road sewer trunk line resulting in discharges of sewerage into the aquatic environment. Design and construction techniques will serve to reduce potentially significant impacts to less than significant levels. A 42-inch sewer trunk line exists under the canterline of Allen Road north of the CVC. This sewer line extends under the CVC and crosses the Kern River following the existing section line at a depth of approximately 10 feet below ground surface (bgs). Due to the pipeline sharing the same centerline as Allen Road, alignment of the bridge structure has been shifted to the east with the goal of avoiding damage and/or rupture to the sewer line/casing. A breach of the structural integrity of this facility could result in the inadvertent contamination of the CVC, Kern River, and underlying groundwater aquifer. Although final pier locations have yet to be determined, the Advanced Planning Study (APS) prepared for the Allen Road bridge structure was developed in consideration of this facility. Should project construction require the placement of piers in close proximity to the Allen Road sewer, pier spacing will be set in such a manner as to create sufficient separation between the pier and sewer line. Pier placement in the immediate vicinity of the sewer line would require pre-drilling to an elevation greater than 10 feet to avoid significant ground shaking associated with pile driving activities. Implementation of the above recommended construction techniques combined with the provision for an on-site inspector during construction activities and development of an emergency contingency plan would serve to reduce potential impacts to less than significant levels. Mitigation Measures 5.8-4 a,b of the Final EIR reduces impacts below a level of Exhibit A Findings of Fact 46 of 60 September 2004 Allen Road Crossing at the Kern River EIR significance. The measures are as follows: 5.8-4a An on-site inspector shall be present during pile driving activities to observe pier placement and drilling operations. The inspector shall verify that all necessary safety procedures are deployed to minimize the potential for accidental rupture of the Allen Road sewer trunk. 5.8--4b A pipeline rupture emergency contingency plan shall be developed by the Project contractor and approved by the City prior to issuance of construction permits. The plan shall identify those procedures that must be followed in the event of an accidental release of sewerage. At minimum, the plan should provide for the following emergency provisions: Immediately notify the operator of the situation; The on-site inspector shall have the authority to halt or suspend all construction activities until all appropriate corrective measures are completed; and All materials released shall be appropriately contained and disposed of as required by State and Federal requirements. Long-Term Hydrology and Drainage Impacts 5.8-5 Long-term operation of the proposed bddge over the Kern River may result in increased pollutant loads within the Kem River. Incorporation of recommended post construction BMPs would serve to reduce long-term hydrology and drainage impacts to less than significant levels. Facts Supportinq F ndinq Urban runoff resulting from short-duration or Iow intensity storms typically carry pollutants to receiving waters, including sediments, heavy metals, trash and debris, and oils and greases. Additionally, the runoff has the potential to increase nutrients, organic substances, and oxygen-demanding substances in receiving waters. Without appropriate design features and mitigation measures, impacts could adversely affect the downstream watercourses and habitats. To prevent potentially contaminated runoff from reaching downstream waters, adequate water quality treatment must be applied in accordance with the RWQCB regulations. The primary objective of the water qualify element of the BMPs is to ensure that the project-generated pollutants do not exceed the applicable water quality standards of the receiving water established by the RWQCB. Structural and non-structural BMPs are an integral element of post-construction storm water management practices. The proposed Project would primarily utilize a variety of structural and non-structural post-construction BMPs to reduce long-term water quality impacts to the Kern River, CVC, and adjacent Berrenda Mesa Water District recharge basins. As mentioned above, drainage from the bridge should be managed so that to runoff occurs into the Kern River, CVC or onto the adjacent Berrenda Mesa property (refer Exhibit A Findings of Fact 47 of 60 Septemb~r 2004 Allen Road Crossing at the Kern River EIR basins. As mentioned above, drainage from the bridge should be managed so that no runoff occurs into the Kern River, CVC or onto the adjacent Berrenda Mesa property (refer to Mitigation Measure 5.8-2a and 5.8-2b). Cumulative deployment of BMPs described below in Mitigation Measure 5.8-5 would serve to reduce long-term water quality impacts to less than significant levels. Mitigation Measures 5.8-5, of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.8-5 The following BMPs shall be utilized for development of the Allen Road Bridge over the Kern River: Routine Structural BMPs: Protect Slopes/Embankments - Graded slopes within the project right-of- way shall be vegetated to minimize erosion; Runoff Minimizing Landscape Design; Efficient Irrigation; and Catch Basin Stenciling Non-Structural BMPs: Activity Restrictions; Spill Contingency Plan; Litter Control; Catch Basin Inspection; and Street Sweeping. Cross Valley Canal 5.8-6 The proposed Allen Road Bridge/Cross Valley Canal interface would require specific design considerations to accommodate existing operation and maintenance activities as well as the planned future capacity increase for the canal. With implementation of recommended design considerations impacts to the Cross Valley Canal are considered to be less than significant. Facts Supportincl Findin.q The CVC serves as the only connection from the California Aqueduct to urban Bakersfield, and conveys much of Bakersfleld's drinking water supply, as well as water for farming to water districts located north, west, and south of the City. The proposed Allen Road bridge/CVC interface would require specific design considerations to accommodate existing operation and maintenance activities as well as the planned future capacity increase for the canal. The KCWA requires safe access for operation, maintenance, repair, and construction purposes to the CVC east and west of Allen Road. Similar to other areas along the CVC where roadway crossings have been necessary, the City has incorporated safety stop lights Exhibit A Findings of Fact 48 of 60 Septemb~ 2~ OR~C, tNAL Allen Road Crossing at the Kern River EIR easement will also need to be secured from the KCWA, granting certain rights and obligations to the City of Bakersfield. Future plans for the CVC at this location calls for the cross-sectional area of the CVC to be enlarged to accommodate an approximate 60% increase in flow capacity. This separate undertaking by the KCWA will require that the concrete liner and northern canal embankment be raised up to several feet above its existing elevation. The City will continue to work with the KCWA to set the Allen Road/CVC crossing elevation and eliminate any conflict with the ultimate vertical elevation of the CVC at this location. Although ultimate design elements will be verified during the final engineering phases, elements noted above would serve to limit construction and operational conflicts at the CVC to reduce impacts to less than significant levels. Mitigation Measures 5.8-6 a,b,c, of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.8-6a Prior to the approval of final Project plans and specifications, the City Engineer, in conjunction with Kern County Water Agency staff, shall confirm that key- controlled, safety stop lights are installed to provide continued, safe access by Agency staff and contractors to the CVC right-of-way. 5.8-6b Pile driving activities near the CVC shall be coordinated with and approved by the Kern County Water Agency prior to commencement of construction activities. To ensure that the existing concrete liner of the CVC will not be damaged, construction measures such as deployment of a level circuit shall be established by the Project contractor to ensure that the CVC liner and embankments are maintained at their pre-construction elevations. 5.8-6c Prior to the approval of final Project plans and specifications, the City Engineer, in conjunction with Kern County Water Agency staff, shall confirm that the final bridge deck elevation does not conflict with the ultimate vertical elevation of the CVC. GEOLOGICAL AND SEISMIC HAZARDS Soils 5.9-1 Grading activities would be required to prepare the site for development, subsequently resulting in the exposure of soils to short-term erosion by wind and water. Implementation of recommended mitigation measures would reduce impacts to less than significant levels. Facts Supporting Finding According to the Geological Hazards Study, the Project area contains soils that are highly susceptible to erosion. Grading operations and the resultant manufactured embankments could increase the potential for erosion and siltation both during and after the construction Exhibit A Findings of Fact 49 of 60 Septe ml~ r~0~O~,.p~ Allen Road Crossing at the Kern River EIR phase of the Project. In order to mitigate the potential effects of erosion on-site, temporary and permanent erosion control measures would be required, such as the use of sandbags, hydroseeding, landscaping, and/or soil stabilizers. The Contractor will be required to submit a Storm Water Pollution Control Plan (SWPPP), which includes erosion control measures in order to comply with the NPDES requirements of the Federal Clean Water Act (CWA). Implementation of appropriate grading measures and a Storm Water Pollution Control Plan would reduce the potential impacts to less than significant levels. Refer to Section 5.8, Water Resources, and Mitigation Measures 5.8-3a and 5.8-3b, for detailed discussion regarding construction practices to protect the Kern River and other sensitive water resources during temporary ground disturbance activities. Mitigation Measures 5.9-1, of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.9-1 Refer to Section 5.8, Water Resources, regarding soil erosion and water quality mitigation measures. No additional mitigation measures are required. Seismic Ground Shaking 5.9-3 Implementation of the proposed Project may expose the proposed bridge structure to strong ground shaking during a seismic event. Implementation of the recommended mitigation measures, compliance with the Uniform Building Code and the goals and policies contained in the Safety Element set forth in the General Plan would reduce potential impacts to less than significant levels. Facts Supporting F ndinq Given the highly seismic character of the area, moderate to severe ground shaking associated with earthquakes on the nearby faults can be expected within all parts of the City. As mentioned above, a number of active faults are located within a 50 mile radius of the proposed bridge crossing. Ground shaking is likely at this site in the event of a major earthquake from one of the nearby faults. Local commuters may be exposed to seismic ground shaking if it occurs during the short pedod of time that they drive on the bridge structure. The Geological Hazard Study concludes that the Upper-Bound Earthquake ground-motion for this site is estimated at 0.314g with a 10 percent chance of exceedance every 100 years and a statistical return period of 949 years. The proposed Project would be designed and constructed to withstand this magnitude of an earthquake. Based on predicted maximum horizontal accelerations at the site and given the soil types identified in the Geological Hazard Study, ground failure is not likely to occur at the Project site. Implementation of applicable Uniform Building Code criteria would reduce impacts to less than significant levels. Mitigation Measures 5.9-3 of the Final EIR, reduces impacts below a level of significance. The measure is as follows: 5.9-3 No mitigation measures beyond adherence to the latest Uniform Building Code and the goals, policies and implementation measures identified in the General Plan are required. Exhibit A Findings of Fact 50 of 60 Septern~r 2 0 ~4~ ORIGINAL Allen Road Crossing at the Kern River EIR 5.9-3 No mitigation measures beyond adherence to the latest Uniform Building Code and the goals, policies and implementation measures identified in the General Plan are required. Liquefaction 5.9-4 Implementation of the proposed Project may expose the proposed bridge structure to substantial adverse effects associated with liquefaction. These impacts are concluded as less than significant with implementation of the recommended mitigation measures. Facts Supportinq Findinq As indicated previously, during groundwater recharge periods, shallow groundwater is expected to be less than 50 feet below ground surface (bgs) in the Project area. Groundwater was not encountered in the top 30 feet bgs in the soil borings conducted at Bakersfield Christian High School in January 2002, however, based on surface lithology observed within the streambed area and the potential for surface or shallow groundwater the liquefaction potential at the Kern River crossing appears to be moderate to high during groundwater recharge periods. Implementation of the proposed Project would be in conformance with standard construction and design parameters set forth in the Uniform Building Code. A detailed geotechnical investigation conducted as part of the final design process would reflect appropriate recommendations in the Project's grading/design plans in order to mitigate potential liquefaction hazards. In addition, conformance with applicable City criteria, as well as adherence to standard engineering practices would reduce the effects of liquefaction to less than significant levels. Mitigation Measures 5.9-3 of the Final EIR, reduces impacts below a level of significance. The measure is as follows: 5.9-4 A detailed liquefaction potential study shall be conducted as part of the design level geotechnical investigation. Final grading and bridge design shall be based on detailed geologic and geotechnical evaluations of existing site conditions combined with a comprehensive assessment of final engineering plans by a professional Registered Geologist. Prior to the approval of final project plans and specifications, the City Engineer, or his designee, shall confirm that recommended geotechnical recommendations have been incorporated into the bridge structure design to adequately mitigate the effects of liquefaction. PUBLIC SERVICES AND UTILITIES Solid Waste 5.10-5 Implementation of the proposed Project would not result in increased demand for solid waste services. Short-term construction impacts resulting from construction debris would increase solid waste on a temporary duration. With implementation of applicable recycling programs, impact would be reduced to less than significant levels. Less than significant impact with implementation of mitigation measures. Exhibit A Findings of Fact 51 of 60 September~004 Allen Road Crossing at the Kern River EIR Implementation of the proposed Project would not result in the increased demand for solid waste services. The Project will generate construction debris on a short-term temporary basis during construction. The Project also proposes a limited amount of deconstruction to accommodate the proposed improvements and the anticipated deconstruction materials and raw construction debris are not anticipated to be significant. The County charges up to a $36 per ton fee at landfills for disposal of construction waste. Recycling of construction debris would reduce potential waste to landfills in the County and contribute to the recycling goals set forth by the City of Bakersfield and AB 939. Project implementation would therefore not impact existing landfill capacities. Mitigation Measures 5.10-5 of the Final EIR, reduces impacts below a level of significance. The measure is as follows: 5.10-5 All construction debris and construction related debris shall be separated into recyclable and non-recyclable items to the greatest extent possible. All recyclable debris shall be transported to appropriate recycling facilities so as to reduce potential waste to County landfills. To the maximum extent possible, recyclable materials and materials consistent with waste reducing goals of the City shall be used for all aspects of construction. VIII. FINDING REGARDING INFE-~-$!BILITY OF MITIGATION MEASURES FOR SIGNIFICANT IMPACTS The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to Public Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3) that (i), that specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures identified in the Final EIR and, therefore, the Project will cause significant unavoidable impacts in the category of noise. NOISE Short-term Construction Noise impacts 5.5-1 Grading and construction within the Project area would result in temporary noise impacts to nearby noise sensitive receptors. Analysis has concluded that temporary construction noise would result in a significant and unavoidable short- term impact. Facts Supportinq Finding Construction activities generally occur in a short and temporary duration, lasting from a few days to a period of several months. Groundborne noise and other types of construction related noise impacts would typically occur during the initial site preparation, which can create the highest levels of noise. Generally, site preparation has the shortest duration of all construction phases. Activities that occur during this phase include earthmoving and soils compaction. High groundborne noise levels and other miscellaneous noise levels can be created during this phase due to the operation of heavy-duty trucks, backhoes and other heavy-duty construction equipment. Exhibit A Findings of Fact 52 of 60 Septemb~ 2004 OR?N! Allen Road Crossing at the Kern River EIR In addition to construction noise from a Project site, the construction periods would also cause increased noise along access routes to the site due to movement of equipment and workers on the site. The primary heavy construction equipment/vehicles are expected to be moved on-site during the initial construction period and would have a less than significant short-term noise impact affect on nearby roadways. Daily transportation of construction workers is not expected to cause a significant effect since this traffic would not be a substantial percentage of current daily volumes in the area and would not be anticipated to increase traffic noise levels by more than one dBA. Project construction time is estimated to last 10 to 15 months. Construction noise impacts are considered short-term impacts occurring only during periods of project construction and ceasing upon project completion. The proposed Project is anticipated to utilize earthmoving equipment, materials handling equipment, stationary equipment, impact equipment used during clearing, excavation, grading, structure, roadway and utility construction operations. Noise generated by equipment and experienced at nearby sensitive receptors could be produced by diesel powered motor graders, tractors, forklifts, loaders, rollers, asphalt pavers, generators, flatbed trucks, delivery trucks, and construction worker vehicles. Construction activities would potentially impact noise sensitive land uses in the immediate area and generate noise levels in the 80 dBA range at 50 feet from the source equipment. Table 5.5-6 below, indicates maximum level dBA of anticipated equipment to be utilized during construction of the proposed project. Table 5.5-6 Typical Construction Equipment Noise Levels Type of Equipment Maximum Level dBA @ 50 Feet Scrapers 88 Bulldozers 87 Backhoe 85 Pneumatic Tools 85 Source: Brown-Bunfin Associates, inc. Pile Driving Pile driving noise is seen as unique from normal construction noise characteristics and therefore discussed as a separate entity. Pile driving noise is described as a very loud impulsive sound, resulting from a large hammer dropping on reinforced concrete piles. The impact of the hammer is short in duration (under I second), however, the impacts are repetitive, occurring about once every 2 seconds. According to the noise assessment, pile driving may occur for 2 to 4 months during construction of the proposed project. Typical pile drivers are driven by a diesel engine, and produce a maximum hammer energy of 55,000 fi-lb/blow. Exhibit A Findings of Fact 53 of 60 Septem~_~r 200~ ~72- OR,E, NAL Allen Road Crossing at the Kern River EIR Noise level measurements conducted on pile drivers by BBA involved two sets of simultaneous, side-by-side measurements to read A-weighted Lmax and SEL values, and C- weighted Lmax and SEL values. The C-weighted noise levels provide better correlations with human response for very high sound levels. The results are shown below, in Table 5.5-7. Table 5.5-7 Measured Pile Drive Noise Levels (At 100-Feet) Activity Lpk A-L.~x A-SEL C-L.~x C-SEL Tapping 107 - 113 95 - 99 87 - 91 96 - 101 90 - 95 Driving I 115 - 118 95 - 99 88 - 92 99 - 101 92 - 95 Source: Brown-Buntin Associates, Inc. Although, the pile driving activities will be temporary, noise from the use will be very noticeable in the adjoining residential areas and is considered a significant and unavoidable impact. Refer to Mitigation Measures 5.5-1b through 5.5-1e for construction measures that would serve to minimize effects of pile driving to the best extent possible. Effects of ground vibrations from pile drivers were also observed. Caltrans has developed specific criteria for evaluating the effects of various vibration levels on people and buildings, based upon peak particle velocity in inches/second, as seen in Table 5.5-8, Effects of Various Vibration Levels on People and Buildings. Caltrans has adopted a 0.2 inches per second threshold for architectural damage for traffic and construction noise sources. The results of the pile driver vibrations measurements indicated a peak particle velocity between 0.055 and 0.077 inches per second. The measurement is approaching "perceptible" to human reaction and considered to be "the recommended upper level of which ruins and ancient monuments should be subjected." Vibrations from pile driving activities should not be considered significant since there are no risks of building damage and vibrations will not be an annoyance to human reaction, according to Caltrans criteria. Table 5.5-8 Effects of Various Vibration Levels on People and Buildings Peak Particle Velocity Human Reaction Effect on Building Inches/Second Vibrations unlikely to cause 0 - 0.0059 Imperceptible by People damage of any type Threshold of perception Vib,,,t. lu,~s unlikely to cause 0.0059 - 0.0188 possibility of intrusion damage of any type Recommended upper level of 0.0787 Vibrations perceptible which ruins and ancient monuments should be subjected Level at which continuous Virtually no risk of architectural 0.0984 vibrations begin to annoy people damage to normal buildings Threshold at which there is a dsk Vibrations annoying to people in of architectural damage to 0.1968 buildings normal dwellings Source: Brown Bunfln Associates, Inc. from Survey of Ea~lh-borne Vibrations due to Highway construction and Highway Traffic, Caltrans 1976. Exhibit A Findings of Fact 54 of 60 Allen Road Crossing at the Kern River EIR Mitigation Measure 5.5-1a-e of the Final EIR would serve to minimize effects of pile driving construction noise to the best extent possible. Temporary construction noise impacts would remain a significant and unavoidable impact. The measures are as follows. 5.5-1a Project construction will result in temporary but significant and unavoidable impacts. Prior to issuance of grading permits for the proposed project, the contractor shall provide evidence acceptable to the City Public Works Director that (1) ali construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained mufflers, (2) construction activities shall be limited to the designated daytime hours as specified by the City of Bakersfield, currently 6 a.m. to 9 p.m. on weekdays and 8 a.m. and 9 p.m. on weekends. No construction is allowed on federal holidays. These restrictions apply to all trucks, vehicles, and equipment that are making or involved with material deliveries, loading or transfer of materials, equipment service, and maintenance of any devices for or within the Project construction site, (3) pile driving operating hours shall be confined to 7 a.m. to 5 p.m and effective mufflers shall be fitted to internal combustion engines. Nearby residents shall be notified when pile driving is anticipated. 5.5-1b During pile driving activities, the contractor shall use noise mitigation measures that are approved by the City Public Works Director, such as: noise attenuation blankets and/or temporary portable noise attenuation barriers. 5.5-1c During construction, stationary construction equipment shall be placed such that emitted noise is directed away from noise sensitive receptors, to the satisfaction of the Building Official. 5.5-1d Prior to approval of the project plans and specifications by the City Public Works Director, the construction contractor shall incorporate feasible muffling features into all construction vehicles and equipment and into construction methods, and shall maintain all construction vehicles and equipment in efficient operating condition. 5.5-1e Prior to approval of the project plans and specifications by the City Public Works Director, the project plans and specifications should stipulate that stockpiling and construction vehicle staging areas shall be located as far away as practical from noise sensitive receptors during construction activities. Long-term Operational Impacts 5.5-2 Project implementation would create a new crossing over the Kern River and introduce increased vehicular noise adjacent to existing sensitive uses. Analysis has concluded that with the incorporation of recommended noise attenuating design features, long-term vehicular- related noise would not exceed the City's 65 dB CNEL compatibility standard at adjacent residences; however, the resultant increase in the ambient noise environment is considered significant and unavoidable. Exhibit A Findings of Fact 55 of 60 September,'<2004 OR',GINAL Allen Road Crossing at the Kern River EIR Facts Supporting Finding City Noise Compatibility Standard Project implementation would result in an additional crossing over the Kern River thereby increasing vehicular generated noise in the vicinity of existing residential areas. Currently, only local vehicle traffic travels on Allen Road from Stockdale Highway to the CVC. The Environmental Noise Assessment indicates that with Project implementation, by the year 2025, the Average Daily Traffic (ADT) on Allen Road between Stockdale Highway and Ming Avenue is estimated to be over 20,000 vehicles per day (vpd). The major source of vehicle-generated sound along roadways is generally caused by tire interaction with asphalt, which is ultimately affected by vehicle speed. Traffic noise levels at the existing residences south of Stockdale Highway adjacent to Allen Road were calculated using the FHWA Noise Model. In future year 2025, the noise levels will range from approximately 63 to 68 dB CNEL depending on the elevation of Allen Road. At locations where Allen Road will be approximately the same elevation as the adjoining homes, the existing 5 to 6 foot wall located behind the homes will provide some traffic noise attenuation. At these locations, the year 2025 traffic noise levels will be approximately 63 to 64 dB, satisfying the City's 65 dB CNEL compatibility standard. However, portions of the proposed bridge crossing will be above adjoining residential areas where the road approaches the CVC. The existing perimeter block walls will provide almost no noise reduction benefit in those areas, and resulting traffic noise levels will be approximately 68 dB CNEL at the existing homes, north of the Kern River. This noise level exceeds the City's 65 dB CNEL compatibility standard. In order to reduce noise generated by typical tire/asphalt interface, the Project proposes to incorporate a 3 to 5 foot solid bridge railing located above the elevation of the road surface on the west side of the bridge. This barrier would serve to reduce traffic noise impacts to below 65 dB CNEL at residences adjoining the west side of Allen Road, north of the Kern River, and reduce the incremental increase in traffic noise levels caused by the proposed Project. The resulting noise levels with mitigation will be less than significant. In addition, refer to Section 5.1, Aesthetics, for discussions relative to potential visual impairments associated with the proposed bridge railing. The Bakersfield Christian High School is located at the southeast corner of Stockdale Highway and Allen Road. The nearest buildings of the high school are located approximately 300 feet from Allen Road. The year 2025 traffic noise levels from Allen Road will be approximately 59 dB CNEL. This noise level will satisfy the City General Plan standards and no significant long-term noise impacts are anticipated. Residential developments are planned for or are currently under construction, south of the Kern River, east of Allen Road. Plans for these developments include a 6 foot wall to be constructed at the rear lots adjoining Allen Road. The year 2025 traffic noise level at these lots adjoining Allen Road will be approximately 63 dB CNEL. The noise level will satisfy the City's General Plan standard and include adequate mitigation as part of the development~ design. Exhibit A Findings of Fact 56 of 60 .6 AKa-^ Septe~er 200~p Or Allen Road Crossing at the Kern River EIR Changes in Ambient Noise Levels As previously mentioned above, the Environmental Noise Assessment indicates that with Project implementation, by the year 2025, the forecast ADT on Allen Road between Stockdale Highway and Ming Avenue is projected to exceed 20,000 vpd. This is a direct function of the development of General Plan approved land uses within the southwestern portion of Bakersfield. According to the CEQA Guidelines, a substantial increase in noise levels caused by a project may also be considered a significant impact. Based on the background noise level measurement that was conducted at a typical residence, an increase in noise levels ranging from approximately 9 to 14 dB will occur at several homes located directly adjacent to Allen Road nodh of the Kern River. Smaller increases in traffic-related noise levels will occur at homes that are located further from Allen Road. Although the City's 65 dB noise criteria is met with incorporation of the recommended bridge barrier rail, an increase in noise levels greater than 5 dB is considered to be a significant cumulative noise impact by the City's General Plan. Mitigation Measure 5.5-2 of the Final EIR reduces noise levels within the City's 65 CNEL standard, however the increase in noise levels greater than 5 dB is considered to be significant and unavoidable. The measure is as follows: 5.5-2 A solid bridge railing on the west side of the Allen Road Bridge crossing shall be constructed from approximately Station 45+00, just south of the Hillary Way intersection, to Station 38+00, south of the CVC in the Kern River flood plain (as indicated in the Environmental Noise Assessment). The top of the railing shall be at least 3 feet above the elevation of the road surface from Station 45+00 to Station 44+00, and at least 5 feet above the elevation of the road surface from Station 44+00 to Station 38+00. The railing shall reduce traffic noise impacts to below 65 dB CNEL at residences adjoining the railing, and reduce the incremental increase in traffic noise levels caused by the Project. Cumulative Impacts 5.5-5 With cumulative projects, the proposed Project would increase the ambient noise levels in the Project vicinity. Analysis has concluded that significant and unavoidable cumulative noise impacts are anticipated. Facts Supporting Finding Implementation of the proposed Project would result in a significant and unavoidable cumulative noise impact for existing residents located along Allen Road between Stockdale Highway and the Kern River. IX. FINDING REGARDING ALTERNATIVES The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to Public Resources Code Exhibit A _<< ~'~'",~_~' Findings of Fact 57 of 60 Septembi~' 2004 Allen Road Crossing at the Kern River EIR 21081 (a)(3) and CEQA Guidelines 15091 (a)(3) that (i) the Final EIR considers a reasonable range of project alternatives and mitigation measures and (ii) specific economic, location and/or other considerations make infeasible the alternatives as follows: No Project Alternative The No Project Alternative undertakes no roadway improvements along Allen Road. This Alternative serves as the baseline against which to evaluate the effects of the proposed Project and other project Alternatives. The No Project Alternative would produce no immediate environmental impacts; consequently, no mitigation would be required. The No Project Alternative would not result in any of the environmental impacts associated with the construction and development of the proposed Project. This Alternative would avoid potential impacts resulting from alteration of the Project site's physical characteristics and construction of a new bridge structure and impervious surfaces. Maintaining the Project site in its existing condition would also eliminate potential impacts to biological resources, water quality, significant shod-term construction noise impacts, any unknown cultural resources that may exist and would not alter the visual characteristics of the Project site. Implementation of the No Project Alternative would avoid the environmental impacts identified for the proposed project, however, this Alternative would not preclude the potential for implementation of the roadway extension at some future date. The connection of Alien Road from Stockdale Highway to Ming Avenue has been envisioned in local and regional planning documents. Given the level of existing and planned development in southwest Bakersfield, it may be anticipated that the Alien Road crossing of the Kern River would be proposed for construction at a future date. The No Project Alternative was rejected as not being environmentally superior to the proposed project. The No Project Alternative does not meet the project objectives of implementing the bridge crossing and improving local circulation. This Alternative would also be inconsistent with the General Plans for the City of Bakersfield and County of Kern. The No Project Alternative does result in less visual, cultural resource, biological resource, and long-term noise impacts; however, these impacts can be mitigated to a level of less than significant for the proposed Project. Although the proposed Project results in a significant and unavoidable shod-term construction noise impact, this condition would be temporary and would cease upon Project completion. No Centerline Shift Alternative The No Centerline Shift Alternative retains the existing Allen Road centerline immediately north of the CVC. As a result, the proposed Allen Road Bridge crossing of the Kern River would be congruent with the existing section line that is shared with the existing Allen Road centerline and Allen Road Sewer Trunk alignment north and south of the Kern River. This Alternative results in no shift of the bridge alignment east of the section line. The following discussion evaluates the potential environmental impacts associated with the No Centerline Shift Alternative as compared to impacts from the proposed Project. Under this Alternative no Circulation Element Amendment to modify the circulation map of the Metropolitan Bakersfield General Plan would be required. This alignment Alternative is also considered consistent with local and regional planning documents. Implementation of the No Exhibit A . Findings of Fact 58 of 60 Septem~'~r 200,~'~, O~G~N,~,L Allen Road Crossing at the Kern River EIR Centerline Shift Alternative would ultimately require significant right-of-way (ROW) from adjacent residents west of Allen Road, north of the Kern River and physically impact up to three (3) occupied residential units. This Alternative would require partial property acquisitions and potentially require full property takes. This is considered a significant impact. The No Centerline Shift Alternative did meet the Project objectives of improving traffic and provides an additional crossing of the Kern River. Although, implementation of this Alternative would be consistent with the existing General Plan designation for Allen Road, not all of the stated Project objectives would be satisfied. As stated in Section 3.4, Project Objectives, the City proposes to construct a direct sequential to Stockdale Highway and the future extension of Ming Avenue while providing a local street network that contributes to the quality and safety of residential neighborhoods. This Alternative was found to be environmentally inferior and would have the potential for significant visual, residential acquisition/relocation, and utility impacts. This Alternative was rejected because it offered no advantages over the proposed Project. Reduced Bridge Length Alternative The Reduced Bridge Length Alternative would result in the construction of the Allen Road Bridge along the same alignment as described for the proposed Project. This Alternative results in a significantly shorter bridge structure (approximately 600 feet) when compared to the proposed project (approximately 1,100 feet). Reducing the bridge structure would ultimately require longer bridge abutments within the primary floodplain of the Kern River. The following discussion evaluates the potential environmental impacts associated with the Reduced Bridge Length Alternative as compared to impacts from the proposed Project. Similar to the proposed Project, this Alternative would require an amendment to the Circulation Element to modify the circulation map of the Metropolitan Bakersfield General Plan would be required. This alignment Alternative is considered consistent with local and regional planning documents. It should be noted that these documents are not at the level of specificity that would reflect final design, such as a centerline shift proposed for the Project and Reduced Bridge Length Alternative. The Reduced Bridge Length Alternative would result in increased impacts to wildlife moveme, n! w. it~in the Kern River, higher mitigation costs, and be inconsistent with the MBHCP goal of minimizing impacts within the primary floodplain of the Kern River. Therefore, this Alternative does not meet the project objective of accounting for sensitive environmental habitats. This Alternative is not considered environmentally superior to the proposed Project and in fact would have the potential for incrementally greater impacts to biological resources. Environmentally Superior Alternative The purpose of the alternatives evaluation is to try to develop Project alternatives that reduce or eliminate significant impacts. CEQA Section 15126(d)(2) indicates that if the "No Project" Alternative is the "Environmentally Superior" Alternative, then the EIR shall also identify an Environmentally superior Alternative among the other Alternatives. The No Project Alternative (Existing Conditions), in this case, is not the environmentally superior alternative for its inability to meet the Project's objectives. The proposed Project is the Environmentally Superior Alternative. Several impacts would be similar to the other Alternative alignments addressed above; however, impacts associated with biological Exhibit A ~, ~' ' Findings of Fact 59 of 60 Septemb~' O~',CL'N/~L Allen Road Crossing at the Kern River EiR resources, visual, utilities, and ROW acquisition were determined to be significant when compared to the proposed Project. Total avoidance of sensitive biological resources is not feasible with any Alternative other than the No Project Alternative because of the location of the resources in the Kern River in relationship to the existing terminus of Allen Road. Similarly, except with the No Project Alternative, any Alternative would result in increased noise levels along Allen Road and construction air quality and noise impacts. The proposed Project was developed in an effort to shorten the bridge abutments; and thereby, minimize the impacts to biological resources and the primary floodplain of the Kern River. Additionally, with mitigation, the impacts to biological resources, water resources, and long-term noise are reduced to a level of less than significant. Short-term construction noise, although considered significant and unavoidable, would be temporary, ceasing upon completion of Project construction activities. Exhibit A Findings of Fact 60 of 60 Septemo~¢ ORIG!NAL EXHIBIT "B" STATEMENT OF OVERRIDING CONSIDERATIONS 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. To the extent the significant effects of the project are not avoided or substantially lessened to a level of insignificance, the City of Bakersfield, having reviewed and considered the information contained in the Final Environmental Impact Report for the project, and having reviewed and considered the information contained in the public record, and having balanced the benefits of the project against the unavoidable effects which remain, finds that such unmitigated effects to be acceptable in consideration of the following overriding considerations discussion. The City finds that all feasible mitigation measures have been imposed to lessen project impacts to less than significant, and furthermore, that alternatives to the project are infeasible because they have greater environmental impacts, do not provide the benefits of the project, or are otherwise socially or economically infeasible as fully described in the project findings. The environmental analysis undertaken for the Allen Road Crossing at the Kern River indicated the project would result in contributions to noise (short-term construction, long-term operational, and cumulative) impacts that would represent a significant adverse environmental effect on a project basis. The City of Bakersfield, as Lead Agency and decision-maker for the project, has reviewed and considered the information contained in both the Draft and Final EIRs prepared for Allen Road Crossing at the Kern River and the public record. The project benefits include the following: Provide a local street network that contributes to the quality and safety of residential neighborhoods. Provide a direct sequential connection to Stockdale Highway and the future extension of Ming Avenue. Accommodate planned circulation needs by providing an additional crossing of the Kern River consistent with the City of Bakersfield General Plan Circulation Element and the Kern River Plan Element. Exhibit B Statement of Overriding Consideration S e pt e m ber 2>_~04~ ~ ~ ~"~_~ Allen Road Crossing at the Kern River EIR Accommodate planned new development while accounting for sensitive environmental habitats. The Lead Agency makes the following finding, pursuant to Section 15093 of the CEQA Guidelines, with regard to the Statement of Overriding Considerations for Allen Road Crossing at the Kern River: California Administrative Code, Title 14, Section 15093(a) states: "If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable'." Based on the above discussion and on the evidence presented, the City of Bakersfield therefore finds that the benefits of the proposed project outweigh the adverse noise (short-term construction, long-term operational, and cumulative) impacts associated with Allen Road Crossing at the Kern River Project, which can not be eliminated or reduced to a level less than significant. S:\GPA 3rd 2004\03*0724 (Allen Bddge)\Staff Report s\y Statement of Overriding Final EIR.doc Exhibit B Statement of Overriding Consideration 2 September 2 ~O~4~ ~ ~f~ ,~ Z~u ~o-c · ._~ E ~.. ~ o ,o.c OR,. ~ ~ ~ ~ .- C ~ c ORiGiNAl OS;G C EXHIBIT "D" BAKERSFI ELI~ Project Vidn'~=m~ ALLEN ROAD CROSSING ATTHE KERN RIVER - EIR Proposed Bridge Alignm~e~ Exh~it :1-1 ~ ORIGINAL