HomeMy WebLinkAboutRES NO 159-07
RESOLUTION NO.
15 9- 0 7
RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CERTIFYING IT HAS RECEIVED, REVIEWED, EVALUATED AND
CONSIDERED THE INFORMATION CONTAINED IN THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE BAKERSFIELD SPORTS
VILLAGE PROJECT GENERAL PLAN LAND USE ELEMENT AMENDMENT
AND CONCURRENT ZONE CHANGE NO. 06-1002 AND CERTIFYING THAT
THE FINAL ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED
IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, THE STATE CEQA GUIDELINES, AND THE CITY OF BAKERSFIELD
CEQA IMPLEMENTATION PROCEDURES, AND MAKING FINDINGS AND
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM.
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 Monday, July 2,
2007 and on Thursday, July 5, 2007, on the certification of the Final Environmental Impact Report
(EIR) for General Plan Amendment/Zone Change (GPA/ZC) No. 06-1002 for the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan and the
proposed zone change, 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 Californian, a local newspaper
of general circulation; and
WHEREAS, the City of Bakersfield made application for a concurrent general plan
amendment and zone change for the property generally bounded by Taft Highway (State Route 119)
on the south, Ashe Road on the east, Gosford Road on the west, and the City of Bakersfield's
Wastewater Treatment Plant NO.3 on the north, as shown in attached Exhibit "A," to allow for the
development of the Bakersfield Sports Village project, comprised of a sports complex, 37 acres of
commercial development, City corporation yard annex, police substation, fire station, and other
public uses on approximately 247 acres, more specifically stated as follows:
General Plan Amendment No. 06-1002:
A req uest to amend the Land Use Element of the Metropolitan Bakersfield General
Plan from P (Public Facilities) to OS-P (Open Space-Parks) on 188 acres and GC
(General Commercial) on 37 acres.
Concurrent Zone Chanae No. 06-1002:
A request for a concurrent zone change to change the zoning designations from A
(Agricultural) to RE (Recreation) on 188 acres, C-2/P.C.D. (Regional
Commercial/Planned Commercial Development Combining) on 37 acres, and M-1
(Light Manufacturing) on 22 acres.
WHEREAS, for the above-described project, it was determined that the proposed project
may have a significant effect on the environment; therefore, an EIR was required for the project in
accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the City of Bakersfield retained the professional consulting services of Impact
Sciences, Inc. to prepare the Initial Study, EIR and related documents; and
WHEREAS, by Resolution No. 122-07 on July 5, 2007, the Planning Commission fQ~1C1:.
recommended certification of the Final EIR for GPA/ZC No. 06-1002 and this Council has fullydt "9~
considered the findings made by the Planning Commission as set forth in that Resolution and at .~
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restated herein; and
WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on February 7,
2007, for a 30-day review period in accordance with CEQA; and
WHEREAS, a Public Scoping hearing was held on February 27, 2007, to receive input from
the public and agencies on the Initial Study and scope of the Draft EIR; and
WHEREAS, a Draft EIR was prepared and circulated to interested parties and agencies and
a notice of availability was sent to property owners within 300 feet of the project site and all those
who requested notification at the Planning Commission public hearing(s) or requested special notice
from the Development Services Department on May 8, 2007, in accordance with CEQA for a 45-c1ay
review period which ended on June 22,2007, in accordance with Section 15087 of the State CEQA
Guidelines; and
WHEREAS, the public hearing on the Draft EIR was held during the latter half of the public
review period as is required by the City of Bakersfield CEQA Implementation Procedures; and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the Draft
EIR was submitted to the State Clearinghouse (SCH #2007021036) on May 8, 2007 to start the 45-
day review period to end on June 22, 2007, in accordance with CEQA; and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of the City of Bakersfield CEQA Implementation Procedures, held a public hearing on
Thursday, June 7, 2007, on the adequacy of the Draft EIR; and
WHEREAS, on June 25, 2007, the Final EIR was completed and notice of its availabilitywas
made to interested parities and agencies; and
WHEREAS, on July 5, 2007, the Planning Commission considered the Final EIR; and
WHEREAS, based on comments received prior to and at the July 5, 2007, Planning
Commission Hearing, the Planning Commission recommended certification of the Final EIR; and
WHEREAS, the environmental record prepared in conjunction with the project includes the
following:
1.
The Notice of Preparation, Draft Environmental Impact Report, and Final
Environmental Impact Report;
2.
All staff reports, memoranda, maps, letters, and minutes of meetings relating to the
project;
3.
All testimony, documents and evidence presented to the City by consultants working
with the City relating to the project;
The proceedings before the Planning Commission relating to the project, the Draft
EIR and the Final EIR, including testimony and documenting evidence introduced at
the public hearings; and
4.
5.
Matters of common knowledge to the Planning Commission which it considered
including but not limited to the bllowing:
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a. Metropolitan Bakersfield General Plan;
b. City of Bakersfield Zoning Ordinance;
c. City of Bakersfield Municipal Code;
d. Other formally adopted policies and ordinances of the City of Bakersfield;
and
WHEREAS, the Planning Commission adopted Resolution No. 122-07 on July 5,2007,
recommending certification of the Final EIR for GPA/ZC No. 06-1002; and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 122-07, adopted on July 5,2007:
1. The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by City staff
and the Planning Commission; and
2. The Final EIR for GPA/ZC 06-1002 was prepared in accordance with CEQA
Guidelines Section 15132; and
3. In accordance with State CEQA Guidelines Section 15151, the Planning
Commission considered the following direction regarding "standards for adequacy"
of an EIR:
An EIR should be prepared with a sufficient degree of analysis to provide decision-
makers with information, which enables them to make a decision which intelligently
takes account of environmental consequences. An evaluation of the environmental
effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is
to be reviewed in the light of what is reasonably feasible. Disagreement among
experts does not make an EIR inadequate, but the EIR should summarize the main
points of disagreement among the experts. The courts have looked not for
perfection but for adequacy, completeness, and a good faith effort at full disclosure;
and
4.
In accordance with CEQA Guidelines Sections 15151 and 15090, the Final EIR was
considered for adequacy, completeness and good faith effort at full disclosure and
has been completed in compliance with CEQA; and
5.
Changes or alterations have been required in, or incorporated into, the project where
feasible which avoid or substantially lessen the significant environmental effects of
the project as identified in the Final EIR; and
The Final EIR analyzed a reasonable range of altematives to the project, each of
which has been rejected as infeasible due to specific considerations in accordance
with State CEQA Guidelines Section 15091, as supported by the substantial
evidence contained in the "Statement of Facts, Findings, and Mitigation Measures" in
Exhibit "B"; and
6.
7.
Attached Exhibit "B" containing the "Statement of Facts, Findings, and Mitigation
Measures" are appropriate and incorporated into the project; and
8.
Attached Exhibit "C" containing the "Statement of Overriding Considerations" for
significant unavoidable traffic (cumulative), air quality (cumulative), aesthetic~~1C1:.
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(cumulative), and noise impacts are appropriate and incorporated into the project;
and
9. Attached Exhibit "D" containing the "Mitigation Monitoring and Reporting Program" is
incorporated into the project; and
WHEREAS, in accordance with State CEQA Guidelines Section 15132, the Final EIR
consists of the following:
1. The Draft EIR;
2. Comments and recommendations received on the Draft EIR either verbatim or in
summary;
3. A list of persons, organizations and public agencies commenting on the Draft EIR;
4. The responses of the Lead Agency to significant environmental points raised in the
review and consultation process; and
WHEREAS, the Final EIR for GPA/ZC No. 06-1002 was prepared in accordance with State
CEQA Guidelines Section 15132; and
WHEREAS, in accordance with State CEQA Guidelines Section 15090 the lead agency (City
of Bakersfield) shall certify that:
1. The Final EIR has been completed in compliance wth CEQA; and
2. The Final EIR was presented to the decision-making body of the Lead Agency and
that the decision-making body reviewed and considered the information contained in
the Final EIR prior to approving the project.
WHEREAS, in accordance with State CEQA Guidelines Sections 15151 and 15090, the
Final EIR was considered for adequacy, completeness and good faith effort at full disclosure and
has been completed in complianre with CEQA; and
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
1. The City Council hereby certifies that it has received, reviewed, evaluated and
considered the information contained in the Final EIR for GPA/ZC No. 06-1002.
2. The City Council hereby certifies the Final EIR for GPA/ZC No. 06-1002.
3. The above recitals and findings incorporated herein by reference are true and
correct and constitute the Findings of the City Council in this matter.
4. That all required notices have been given.
5. The provisions of CEQA have been followed.
6. The Final EIR has been reviewed by the City Council of the Lead Agency and the
findings contained therein reflect the City Council's independent judgment and
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7. All of the foregoing findings are supported by substantial evidence in the record of
the proceedings before the Planning Commission, which is maintained by the City's
Planning Director in the Planning Department's offices at 1715 Chester Avenue,
Bakersfield, CA 93301, and of the proceedings before the City Council, which is
maintained by the City Clerk in the City Clerk's offices at 1501 Truxtun Avenue,
Bakersfield, CA 93301.
8. Certain environmental impacts regarding noise are considered unavoidable and
cannot feasibly be mitigated to a less than significant level. Moreover, the project
altematives analyzed in the Final EIR would not feasibly mitigate the impacts. A
Statement of Overriding Considerations is being adopted for significant unavoidable
traffic (cumulative), air quality (cumulative), aesthetics (cumulative), and noise
impacts.
9. The Planning Division of the Development Services Department is hereby directed to
file a Notice of Determination with the County Clerk of Kern County, pursuant to the
provision of Section 21152 of the Public Resources Code and Section 15094 of the
State CEQA Guidelines adopted pursuant thereto.
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I HEREBY CERTIFY that the foregoing Resolution was passed and Atf~tr .bvlhe
Council of the City of Bakersfield at a regular meeting thereof held on ZOOT
by the following vote:
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~ COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER
NOES: COUNCILMEMBER
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio C erk of the
Council of the City of Bakersfield
APPROVED
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
By. ~m~
EXHIBIT A
B
C
D
Location Map
Statement of Facts, Findings, and Mitigation Measures
Statement of Overriding Considerations
Mitigation Monitoring and Reporting Program
PH - S:\GPA 2nd 2007\06-1002 (Sports Village EIR)\Resolutions\CC FEIR.doc
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Exhibit A
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GENERAL PLAN AMENDMENT I ZONE CHANGE NO, 06-1002
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Exhibit B
Statement of Facts, Findings, and Mitigation Measures
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OR'GINAL
STATEMENT OF FACTS, FINDINGS,
AND MITIGATION MEASURES
BAKERSFIELD SPORTS VILLAGE
GP A/ZC 06-1002
SCH No. 2007021036
CITY OF BAKERSFIELD
Planning Department
1715 Chester Ave.
Bakersfield, California 93301
JUNE 2007
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EXHIBIT 1
FINDINGS RELATING TO SIGNIFICANT
ENVIRONMENTAL IMPACTS IDENTIFIED FOR
City of Bakersfield Sports Village
(GPAlZC 06-1002)
Section I
Introduction
The following findings of fact are based in part on the information contained in the Draft
Environmental Impact Report (EIR) for the Sports Village and additional facts found in the
complete record of proceedings.
As defined by Section 15050 of the California Environmental Quality Act (CEQA) Guidelines, the
City of Bakersfield is serving as "Lead Agency," responsible for preparing the EIR for the
proposed project. In accordance with the requirements of the California Environmental Quality
Act (CEQA), the City of Bakersfield conducted a preliminary review of the application for the
proposed Sports Village and determined that the project would require an EIR As a result, a
Notice of Preparation (Nap) was prepared and circulated by the City of Bakersfield in February
2007 for the required 3D-day review period. The City's Initial Study was also circulated with this
Nap to provide additional information on the project to public agencies and other parties
reviewing the Nap.
The topics evaluated in the Draft EIR were based on the City's review of the project,
considerations of response to the Nap prepared for the proposed project, and completion of an
initial study checklist. Given those considerations, the Draft EIR considered the following
environmental topics:
. Land Use and Planning
. Urban Decay
. Aesthetics
. Biological Resources
. Traffic/Access
. Noise
. Air Quality
. Mineral Resources
. Cultural Resources
. Public Services
. Utilities
. Environmental Safety
. Hydrology and Water Quality
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The Project
The Draft EIR evaluated the environmental impacts of the proposed project, which consists of
related discretionary actions proposed by the City of Bakersfield. As described in Section 3.0,
Project Description, of the Draft EIR, the Sports Village project is a regional sports complex that
will provide state-of-the-art facilities for a number of active sports, as well as passive recreational
amenities. The complex is designed to meet both local recreational demands and to attract
regional, state, and national athletic competitions. The project incorporates two commercial areas
intended to accommodate businesses that will support and complement the sports complex.
To accommodate development, the 247-acre project would redesignate the existing Land Use
designations from P (Public Facilities) to OS-P (Open Space-Parks) on 188 acres and P to GC
(General Commercial) on 37 acres. Zone changes are proposed from A (Agricultural) to RE
(Recreation) on 188 acres, A to C-2/p.C.D. (Regional Commercial/Planned Commercial
Development Combining) on 37 acres, and A to M-1 (Light Manufacturing) on 22 acres.
The 188-acre athletic venue contains fields for organized sporting events; indoor sports and
meeting facilities; multi-purpose trails; venue parking; concession areas; picnic areas; restrooms;
a lake (which will serve as a storm drainage facility); and on-site offices for facility staff. The
project also includes a 22-acre City corporation yard annex, which will provide equipment
storage, maintenance and repair operations. Land within the annex has been reserved for a
future fire and police station. Two separate commercial sites totaling 37 acres are planned at the
intersections of Ashe and Gosford Roads with Taft Highway that would include sports-related
retail uses along with restaurants, convenience markets, a hotel, and similar supporting
commercial uses.
The Environmental Impact Report
The City of Bakersfield, serving as Lead Agency, prepared the EIR to serve as the environmental
review document for not only itself but also Responsible and Trustee Agencies, as defined by the
CEQA Guidelines. As described on page 3.0-1 of the Draft EIR, Responsible Agencies for this
project include the US Fish and Wildlife Service (USFWS), California Department of
Transportation (Caltrans), California Department of Fish and Game (CDFG), Regional Water
Quality Control Board (RWQCB), and the San Joaquin Valley Unified Air Pollution Control
District (SJVUAPCD).
The Draft EIR analyzed both project and cumulative effects of the project on those topics
identified during the scoping process and considered a variety of mitigation measures to
minimize, reduce, avoid, or compensate for the potential adverse effects of the proposed Project.
The Draft EIR was made available on May 8, 2007 through June 21, 2007 for a 45-day public
review and comment period as mandated by CEQA. During the public review period, interested
public agencies and private parties submitted written comments concerning the adequacy of the
document to the City of Bakersfield Planning Department.
One public hearing, at which time public testimony was heard, was held before the Planning
Commission on June 7, 2007 to consider the proposed project, the requested entitlements, and the
adequacy of the Draft EIR. Following the close of the public review period, the City of
Bakersfield prepared responses to all written and oral comments made during the public review
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period and during the Planning Commission Hearing, consistent with the requirements of
Section 15088 of the CEQA Guidelines.
Section II
Findings Regarding the Potential Significant Environmental Effects of the
Proposed Project
A. Environmental Effects Found to be Less than SigJIificant
1. Land Use & Planning
Facts in Support
of Findings
An evaluation of Land Use & Planning impacts of the project are found on pages 5.1-1 through
5.1-27 of the Draft EIR.
Proiect Impacts
The Project requires an amendment to the General Plan Land Use Element along with a
concurrent re-zoning to accommodate proposed recreation, commercial, and public facility uses.
Project consistency with the goals, policies, and objectives of the General Plan Land Use Element
was evaluatal on pages 5.1-11 through 5.1-24 of the Draft EIR. This analysis concluded that the
Project would promote land use goals and policies of the General Plan pertaining to the capture
of economic growth, promotion of a distinct identify, ensuring all necessary public services are
near to residential uses, and promoting the logical and orderly development of urban uses.
All proposed land uses would be subject to citywide land use controls including those pertaining
to development standards (e.g., setbacks, building heights, access, signage, parking, landscaping,
and lighting) and infrastructure improvements.
Cumulative Impacts
All development proposed and constructed within the City of Bakersfield is recorded by City
staff and reviewed for consistency with Citywide land use policies, controls, and development
standards during the course of the project review and approval process.
Findings
Based on the information contained in the Draft EIR and entire record of proceedings, the City of
Bakersfield finds that the requested entitlements to permit construction and operation of the
Sports Village project would not conflict with the goals, policies, and objectives of the General
Plan. The City further finds that future land uses would be subject to the citywide land use
controls and development standards that would ensure functional and visual compatibility with
surrounding land uses.
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2. Urban Decay
Facts in Support
of Findings
An evaluation of Urban Decay impacts of the project are found on pages 5.2-1 through 52-8 of
the Draft EIR. The information contained in that section was based on a technical study prepared
by Stanley R. Hoffman Associates dated April 2007 and included as Appendix 5.2 of the Draft
EIR.
Approximately 360,149 square feet of existing competitive retail supply exists within 2 miles of
the Sports Village site. Additionally, 93,380 square feet of retail space is currently under
construction, and another 147,000 square feet of retail space is proposed. This takes the total
future competitive supply to 600,500 square feet.
Project Im.pacts
By 2015, the number of households within a I-mile radius of the Project is expected to reach 5,007
units. A I-mile radius was utilized in the analysis, as this is generally accepted as the maximum
distance a consumer would travel to satisfy demand for daily goods or services.
Of the total estimated household retail expenditures within 1 mile of the proposed project, the
study takes into account expenditures in only those categories that are likely to be made within
the Sports Village. Assuming a conservative 10 percent capture of the total household retail
expenditures within these competitive retail categories, a total of about $5.6 million on-site sales
are estimated within the Sports Village. The 2015 projected retail demand in dollars is equivalent
to 12,600 square feet in retail space, based on the figure of $350 annual sales per square foot for
restaurants, $650 per square foot for food stores, and $250 per square foot for other retail
establishments.
Operation of the Sports Village itself is estimated to draw 446,500 total attendee days and amount
to an average of $8,796,908 in annual retail-generated expenditures (not including hotel or other
transportation-related expenses). This retail demand is equivalent to 28,900 square feet from
sports park participants and visitors.
The analysis concluded that approximately 67,500 square feet of retail space would not be
supported by demand generated internally by visitors and local households within a I-mile
radius. Consequently, this excess would likely remain vacant for some time. Even if 67,500
square feet of retail space were to remain vacant, it would not likely produce urban decay. The
commercial centers at the Sports Village would be specialty centers with sports retail and food
and beverage focus and not traditional neighborhood serving centers. Neighborhood centers are
typically anchored by either a major grocery store or drug store; these types of anchors would
continue to draw local household customers to their centers where the ancillary retail
establishments would also continue to be patronized. The level of retail development
contemplated by the Sports Village would have relatively small impacts on nearby, competitive
retail establishments within 2 miles of the site and these impacts would decrease rapidly on
retailers further out.
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Cumulative Impacts
By the year 2015, it is expected that there would be an estimated 600,500 square feet of new retail
space within a 2-mile radius of the Sports Village. This includes 360,100 square feet of existing
space, 93,400 square feet of space under construction, and a planned 147,Ooo-square-foot center.
These uses are primarily oriented to serve existing and future residential growth within
southwest Bakersfield. In contrast, the project is oriented to specialty retail that caters to sports
events and participants, and would not result in direct competition with those retailers.
Findings
Based on the information contained in the Draft EIR and entire record of proceedings, the City of
Bakersfield finds that the Project would not result in or contribute to urban decay.
3. Mineral Resources
Facts in Support
of Findings
An evaluation of Mineral Resource impacts of the Project are found on pages 5.8-1 through 5.8-10
of the Draft EIR. According to a review of DOGGR files and production records, the project site
is located beyond the administrative boundaries of any oil or gas field. However, one dry hole
on site was drilled and abandoned in 1958. The nearest oil production activities lie outside a
2-mile radius from the project site.
PTQject Impacts
Development of the project would not directly impact oil and gas production or aggregate
extraction, as the abandoned well located on site was found to be dry and no portion of the
subject site has ever been subject to gravel extraction, although extraction activities are permitted
in the MRZ-3 zones subject to the restrictions outlined in a conditional use permit. While project
development would preclude future sand or gravel extraction activities, the site is not in an area
designated by state or local plans as having a known mineral resource of high value.
Although the well drilled on site was found to be a dry hole, future technology and changes in oil
price may make it economically feasible to start production in "dry" areas. Both individual wells
and entire oilfields have the possibility of being abandoned and subsequently reactivated. The
City recognizes the importance of mineral production activity and established means to promote
productive reuse of these areas through use of the Municipal Code to ensure that loss of mineral
resources does not occur because of development. Furthermore, the Project primarily consists of
open space in the form of 163 acres of athletic fields, courts, and facilities. Opportunities exist
within this area to place a drill island consistent with the requirements specified in the Municipal
Code.
Cumulative Impacts
The project as proposed is located beyond the administrative boundaries of any oil or gas field,
and the closest producing wells are outside of a 2-mile radius from the site. In addition, the
project site does not include sand and gravel resources, as it is located approximately 2 miles
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from the Kern River, outside the floodplain. For these reasons, site development would not
represent a cumulatively considerable contribution to the loss of mineral resources of local or
statewide importance.
Findings
Based on the information contained in the Draft EIR and entire record of proceedings, the City of
Bakersfield finds that the Project would not result in the loss of a known mineral source or
resource site that would be of value to the state.
4. Water Supply
Facts in Support
of Findings
An evaluation of Water Supply impacts of the project are found on pages 5.11-1 through 5.11-21
of the Draft EIR. The information contained in that section was based on a Water Supply
Assessment (WSA) prepared by Impact Sciences dated April 2007 and included as Appendix 5.11
of the Draft EIR.
Tre City of Bakersfield will be the retail supplier of water for the project site. The City of
Bakersfield supplies water from 58 wells distributed across the service area. Average annual
production (pumpage) from these wells for the period of 1996 to 2004 was 30,682 acre-feet per
year (afy). Production for 2005 was 35,668 acre-feet (af).
The City currently re-regulates its municipal supply with groundwater recharge and banking
programs. The City operates a recharge facility known as the "2800 acres" that is an integral part
of the water supply resources for the City and surrounding areas. The volume of water stored in
the 2800 acres recharge basin is 184,600 af, as reported in the 2005 Urban Water Management Plan
(UWMP).
Water from the State Water Project (SWP) and Kern River are also components of the regional
water supply. The main water wholesaler for this area is the Kern County Water Agency
Improvement District No.4 (ID4). This district was formed to provide imported surface water
supplies from the SWP to agencies within its boundary. ID4 has contracted for 93,546 acre-feet of
SWP supplies. Of this supply, 30,000 acre-feet are treated at a purification treatment plant and
then delivered directly to end users. The remainder is intentionally recharged through various
facilities including the Kern River Channel and the City's 2800-acre recharge facility. Water
supplies pertinent to the project are summarized below:
1. Existing water supply entitlements: The City purchased its Kern River Water Rights from
Tenneco West in 1976. The City of Bakersfield's average annual Kern River Entitlement
garnered from these rights is approximately 160,000 afy (according to the City of
Bakersfield Water Resources Department). This equates to approximately 20 percent of
the water rights of the first point of measurement interest on the Kern River.
2. Quantities of water received in prior water years under the above water supply
entitlements, water rights, or water service contracts.
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Project Impacts
The annual average water demand for the project is estimated to be approximately 836 afy. The
vast majority of this demand (744 afy) is generated by irrigation of athletic fields and
landscaping. The project would use tertiary-treated reclaimed water treated to meet the State of
California Title 22 Recycled Water requirements for limited recreational use to irrigate the athletic
fields and landscaped areas. Potable water demand is estimated at 92 afy.
Cumulative Impacts
Projected water supply and demand for buildout of the City of Bakersfield Service Area (Service
Area) in the year 2025 during the normal, single-dry, and multi-dry year hydrologic conditions
was evaluated in the Draft EIR According to the 2005 UWMP, the water demand for the service
area in 2025 is anticipated to be 50,375 afy. During a single or multiple dry year, the Kern River
water entitlement alone is not sufficient to meet the projected urban demand so the City of
Bakersfield will be required to utilize other water supplies. The most likely water source to be
used to make up the difference between supply and demand during the dry years is banked
groundwater, which is consistent with current operations during dry periods. The City's 2800
Acres facility has stored 184,600 acre-feet, so sufficient water supply sources are available to meet
the project plus demand of the service area in the year 2025.
Findings
Based on the information contained in the Draft EIR and entire record of proceedings, the City of
Bakersfield finds that sufficient water supply entitlements and sources are available to meet the
projected demand of the service area with the project in 2025 during the normal, dry, and multi-
year dry years.
5. Sanitary Sewer
Facts in Support
of Findings
An evaluation of Sanitary Sewer impacts of the project are found on pages 5.11-1 through 5.11-21
of the Draft EIR. The project site would be served by the City's WWTP No.3, which is located
adjacent to the north of the project site, between Taft Highway and Ashe Road. Treatment Plant
No.3 has a design capacity of 16.0 million gallons per day (mgd), and presently treats 15.8 mgd.
WWTP No.3 is undergoing an expansion that will increase capacity to 32 mgd, and the City is
planning construction of a new WWTP No. 4 to be located south of Bear Mountain Boulevard.
This allows the City to treat future wastewater flows in excess of 32 mgd at the new WWTP No.
4. Expansion of WWTP No. 3 to increase capacity to 32 mgd was approved in late 2006 and
construction will be completed in 2010.
PrQject Impacts
Project buildout is estimated to generate 0.06 mgd of effluent requiring collection and treatment
at the existing Water Treatment Plant No.3. Project-generated effluent would be conveyed by a
newly constructed sewer line that will be sized to accommodate effluent generated within the
defined drainage area. Project effluent would be treated at WWTP No.3, which has an available
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capacity of 0.2 mgd; sufficient to accommodate the 0.06 mgd of effluent generated at project
buildout. Moreover, WWTP No. 3 is presently undergoing an expansion that will increase the
design capacity of the plant to 32 mgd in order to accommodate buildout of land uses in the
sewer service area.
Cumulative Impacts
Total flows in the southwest Planning Area at buildout of the approved, planned, and pending
projects were estimated at 98 mgd, which exceeds the capacity of WWTP No. 3 even with
completion of the expansion. Consequently, the Department of Public Works has initiated plans
for a new WWTP No.4. As presently envisioned, WWTP No.4 will be constructed south of Bear
Mountain Boulevard and sized to accommodate 66 mgd. This accommodation represents the
difference between the expanded capacity of WWTP No.3 (32 mgd) and the projected volume of
effluent generated by buildout of the Southwest Planning Area (98 mgd). Improvements to
certain sewer trunk lines would also be necessary at buildout of the southwest based on sewer
flow modeling for buildout conditions. These planned improvements are required even without
development of the project, as the southwest planning area is presently transitioning from rural
to urban area.
Findings
Based on the information contained in the Draft EIR and entire record of proceedings, the City of
Bakersfield finds that sufficient treatment capacity is available to accommodate existing and
future land uses in the service area.
B. Environmental Effects Discussed in the EIR Which Can Be A voided or
Substantially Lessened to Less Than SigJ1ificant Levels
All Final EIR mitigation measures (as set forth in the Mitigation Monitoring Plan) have been
incorporated by reference into the conditions of approval for the project. The Commission has
determined based on the Final EIR and entire record of proceedings that these mitigation
measures and conditions of approval will result in a substantial mitigation of the Project effects
on the following:
1. Biolo~calllesources
Facts in Support
of Findings
An evaluation of project impacts on biological resources is found on pages 5.4-1 through 5.4-33 of
the Draft EIR This evaluation was based on literature reviews, database reviews, and field
surveys by a qualified biologist and botanist.
Due to frequent past disturbance to the project site, it currently possesses almost no value for
native plants and sensitive wildlife species. No special-status plant species were observed on the
site during the field surveys conducted in February and March 2007. One special-status wildlife
species was observed on the site during the field survey; five burrowing owls.
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Project Impacts
Development of the project area would remove approximately 197 acres of marginal foraging
habitat and nesting habitat used by common wildlife species including small mammals, reptiles,
and invertebrates that, in turn, could provide a source of prey for a variety of common and
special-status birds (including passerines and both local and wintering raptors) and larger
mammal species.
Construction activities could result in the direct loss of active nests of common bird species or the
abandonment of active nests by adult birds. The MBTA and the California Fish and Game Code
protect active nests of all native bird species. While the loss or abandonment of nests of common
bird species may not be considered a significant impact based on the CEQA significance criteria,
the loss of active bird nests would conflict with state and federal laws.
The project would also utilize intense sources of light to illuminate athletic fields, advertise
services, and provide parking lot security. Nighttime light can disturb breeding and foraging
behavior and can potentially alter breeding cycles of birds, mammals, and nocturnal
invertebrates.
Cumulative Impacts
The proposed project in conjunction with ongoing development in southwest Bakersfield will
permanently remove land from the overall land balance available for listed, protected, and
special wildlife and vegetative communities. The removal of these lands constitutes a potentially
cumulatively considerable impact to biological resources. The Bakersfield area is subject to the
provisions of the MBHCPj thus, cumulative impacts have been addressed and are considered
mitigated to less than significant levels through compliance with this plan.
Findings
Pursuant to Public Resource code 21081 (a) (1), and CEQA Guidelines Section 15091, the Planning
Commission finds that the project's adherence to the following mitigation measures from the EIR,
which are incorporated into the project, will avoid or reduce the biological resource impacts to a
less than significant level.
5.4-1 Prior to grading, the City Recreation and Parks Department along with applicants for commercial
development shall have pre-disturbance surveys conducted on the athletic fields and commercial
parcels, respectively. The surveys shall be conducted by a qualified biologist (e.g., experienced
with the nesting behavior of bird species of the region) within 30 days of ground disturbance
activities associated with construction or grading that would occur during the nesting/breeding
season of native bird species potentially nesting on the respective sites (typically February
through September in the project region). The intent of the surveys would be to determine if
active nests of bird species protected by the MBT A and/or the California Fish and Game Code are
present in the construction zone or within 300 feet (500 feet for raptors) of the construction zone.
The surveys shall be timed such that the last survey is concluded no more than one week prior to
initiation of clearance/construction work. If ground disturbance activities are delayed, then
additional pre-disturbance surveys will need to be conducted such that no more than one week
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will have elapsed between the last survey and the commencement of ground disturbance
activities.
If active nests are found, clearing and construction within 300 feet of the nest (500 feet for
raptors), or at a distance deemed sufficient by the qualified biologist, shall be postponed or halted
until the nest is vacated and juveniles have fledged and there is no evidence of a subsequent
attempt at nesting. Limits of construction to avoid an active nest shall be established in the field
with flagging, fencing, or other appropriate barrier, and construction personnel shall be
instructed on the sensitivity of nest areas. The biologist shall serve as a construction monitor
during those periods when construction activities will occur near active nest areas to ensure that
no inadvertent impacts to these nests occurs. The results of the survey, and any avoidance
measures taken, shall be submitted to the City of Bakersfield and CDFG within 30 days of
completion of the pre-disturbance surveys and/or construction monitoring to document
compliance with applicable state and federal laws pertaining to the protection of native birds.
5.4-2 Prior to grading, the City Recreation and Parks Department along with applicants for commercial
development shall retain a qualified biologist to conduct pre-disturbance burrowing owl surveys
on the athletic fields and commercial parcels, respectively. The survey shall be conducted no
more than 30 days prior to commencement of construction activities. Occupied burrows should
not be disturbed during the nesting season (February 1 through August 31) unless a qualified
biologist approved by the California Department of Fish and Game verifies through non-invasive
methods that either: (1) the birds have not begun egg-laying and incubation; or (2) that juveniles
from the occupied burrows are foraging independently and are capable of independent survival.
If burrowing owls are observed using burrows during the surveys, owls shall be excluded from
all active burrows through the use of exclusion devices placed in occupied burrows in accordance
with CDFG protocols (CDFG 1995). In such case, exclusion devices shall not be placed until, as
determined by a qualified biologist, the young have fledged and are no longer dependent upon
the burrow. Specifically, exclusion devices, utilizing one-way doors, shall be installed in the
entrance of all active burrows. The devices shall be left in the burrows for at least 48 hours to
ensure that all owls have been excluded from the burrows. Each of the burrows shall then be
excavated by hand and backfilled to prevent reoccupation. Exclusion shall continue until the
owls have been successfully excluded from the site, as determined by a qualified biologist.
5.4-3 Prior to grading, the City Recreation and Parks Department along with applicants for commercial
development shall retain a qualified biologist to conduct surveys for the kit fox on the athletic
fields and commercial parcels, respectively. These pre-disturbance surveys shall be conducted no
less than 14 days and no more than 30 days prior to any construction-related activities. The
primary objective is to identify kit fox habitat features (potential dens and refugia) on the project
site and within a 200-foot buffer zone, and evaluate them sufficiently to ascertain if a kit fox is
using them. If an active kit fox den is detected within the area of work or the 200-foot buffer
zone, CDFG and USFWS will be contacted immediately to determine the best course of action. If
no kit fox activity is detected, the project work shall continue as planned and a brief written
report will be submitted to the CDFG and USFWS wi thin five days of completion of the surveys.
While kit foxes are not expected to access the site during development, the applicant shall, as a
precautionary measure, follow the "Standardized Recommendations for Protection of the San
Joaquin Kit Fox Prior to or During Ground Disturbance" developed by the USFWS (1999). The
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measures that follow have been taken from these recommendations, and shall be implemented
for this project.
. Project-related vehicles shall observe a 20 mph speed limit in all project areas, except on
county roads and state and federal highways; this is particularly important at night when kit
foxes are most active. Nighttime construction shall be minimized. Off-road traffic outside of
designated project areas shall be prohibited.
. Kit foxes are attracted to den-like structures such as pipes and may enter stored pipe
becoming trapped or injured. All construction pipes, culverts, or similar structures with a
diameter of 4 inches or greater that are stored at a construction site for one or more overnight
periods shall be thoroughly inspected by a qualified biologist for kit foxes before the pipe is
subsequently buried, capped, or otherwise used or moved in anyway. If a kit fox is
discovered inside a pipe, that section of pipe shall not be moved until the USFWS has been
consulted. If necessary, and under the direct supervision of the biologist, the pipe may be
moved once to remove it from the path of construction activity, until the fox has escaped.
. All food-related trash items such as wrappers, cans, bottles, and food scraps shall be
disposed of in closed containers and removed at least once a week from a construction or
project site.
. Use of rodenticides and herbicides in project areas shall be restricted. This is necessary to
prevent primary or secondary poisoning of kit foxes and the depletion of the prey
populations on which they depend. All uses of such compounds shall observe label and
other restrictions mandated by the U.S. Environmental Protection Agency, California
Department of Food and Agriculture, and other state and federal legislation, as well as
additional project-related restrictions deemed necessary by the USFWS. If rodent control
must be conducted, zinc phosphide shall be used because of its proven lower risk to kit fox.
. A representative shall be appointed by the project proponent who will be the contact source
for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a
dead, injured, or entrapped individual. The representative's name and telephone number
shall be provided to the USFWS.
. In the case of trapped animals, escape ramps or structures shall be installed immediately to
allow the animal(s) to escape, or the USFWS should be contacted for advice.
. Any contractor, or employee, who inadvertently kills or injures a San Joaquin kit fox, shall
immediately report the incident to their representative. The representative shall contact the
CDFG immediately in the case of a dead, injured, or entrapped kit fox. The CDFG contact for
immediate assistance is State Dispatch at (916) 445-0045. They will contact the local warden
or biologist.
. The Sacramento Fish and Wildlife Office and CDFG will be notified in writing within three
working days of the accidental death or injury to a San Joaquin kit fox during project related
activities. Notification must include the date, time, and location of the incident or of the
finding of a dead or injured animal and any other pertinent information. The USFWS contact
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is the Chief of the Division of Endangered Species, 2800 Cottage Way, Suite W2605,
Sacramento, CA 95825-1846, (916) 414-6620.
5.4-4 If any previously unidentified protected species that is not addressed in the MBHCP is found to
be present on either the commercial sites or athletic fields, the contractor shall avoid the species
and the applicant for use of the respective parcel shall have it evaluated by a qualified biologist.
Notify the USFWS and CDFG of any previously unreported protected species. Any take of
protected wildlife shall be reported immediately to USFWS and CDFG.
5.4-5 The project is located within the MBHCP coverage area and applicants for future development on
the site are required to pay Habitat Mitigation Impact Fees to offset incidental take of wildlife
species and the impact on species habitat. The mitigation fees are paid into a trust as described in
the MBHCP for the acquisition and/or enhancement of natural lands and restorable lands for
purposes of creating preserves.
5.4-6 Applicants of future commercial and recreational developments shall place waste and recycling
receptacles that discourage foraging by wildlife species adapted to urban environments in
common areas throughout the project site.
2. Cultural Resources
Facts in Support
of Findings
An evaluation of project impacts on cultural resources is found on pages 5.9-1 through 5.9-8 of
the Draft EIR. An archival records search, a field walkover, and consultation with local tribes
pursuant to SB 18 failed to uncover any archeological artifacts or sensitive cultural resources on
site.
Project Impacts
While no archeological sites have been previously recorded on this land and it was formerly
cultivated with crops, it is possible that erosional or depositional processes, and current vegetative
cover, have obscured cultural resources or human remains that may be present but not visible.
While it is unlikely that significant village or habitation sites exist within the area, there is always
the potential, however remote, that cultural resources or human remains may be unearthed
during construction.
Based on the age of Buena Vista Lake deposits, these alluvial deposits appear to be geologically
too young to contain significant fossil remains. Therefore, the project area is considered to have a
very low potential to contain significant paleontological resources and no significant project
impacts would occur.
Cumulative Impacts
Buildout of uses in the southwest offers the potential to uncover new finds that would expand
our knowledge of native cultures. Any future development activity that uncovers cultural or
paleontological resource would be required to comply with all applicable state, federal, and City
regulations concerning preservation, salvage, or handling of such resources.
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Findings
Pursuant to Public Resource Code 21081 (a) (I), and CEQA Guidelines Section 15091, the Planning
Commission finds that the project's adherence to the following mitigation measures from the EIR,
which are incorporated into the project, will avoid or reduce the cultural resource impacts to a
less than significant level.
5.9.1a If human remains are discovered during grading or construction activities, work would cease
pursuant to Section 7050.5 of the California Health and Safety Code. All work shall stop at the
location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of
the California Health and Safety Code and Section 5097.98 of the California Public Resources
Code which details the appropriate actions necessary for addressing the remains) and a qualified
archaeologist shall be notified immediately.
5.9.1b Prior to ground-disturbance activities associated with this project, personnel associated with the
grading effort shall be informed of the importance of the potential cultural and archaeological
resources (i.e., archaeological sites, artifacts, features, burials, etc.) that may be encountered
during site preparation activities, how to identify those resources in the field, and of the
regulatory protections afforded to those resources. The personnel shall be informed of
procedures relating to the discovery of archaeological remains during grading activities and
cautioned to avoid archaeological finds with equipment and not collect artifacts. The
applicant/developer of the project site shall submit documentation to the Planning Department
that they have met this requirement prior to commencement of ground-disturbance activities.
This documentation should include information on the date(s) of training activities, the
individual(s) that conducted the training, a description of tre training, and a list of names of
those who were trained. Should cultural remains be uncovered, the on-site supervisor shall
immediately notify a qualified archaeologist.
3. Fire Protection/Emergency Services
Facts in Support
of Findings
An evaluation of project impacts on Fire Protection/Emergency Services is found on pages 5.10-1
through 5.10-11 of the Draft EIR. The City of Bakersfield maintains an ISO class 3-fire protection
rating through implementation of an extensive fire prevention program. The City reviews each
new development to ensure that all requirements for emergency access, fire hydrant location and
spacing, fire flows, and fire lanes are incorporated into the project design. City codes, guidelines,
and fees are updated from time to time. In all cases, development projects, including the
proposed project, are required to incorporate the most current code requirements that are in
effect at the time of map recordation or building permit issuance, respectively.
Project Impacts
During construction, large amounts of wood framing will be present on the project site. In
association with the framing operations, electrical, plumbing, communications, and ventilation
systems are installed in each structure. Although rare, fires do occur at construction sites.
Construction of all electrical, plumbing, and mechanical systems is subject to City codes and is
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subject to inspection by City inspectors prior to drywalling. Construction sites are subject to the
City of Bakersfield Water Department and Fire Department standards for water availability and
firefighting equipment accessibility standards.
The project will not add to the current population near the site, as visitors and guests would be
transient in nature, so no long-term staffing demands would be generated by operation of the
project. Types of calls for service would be those typical of commercial and park developments,
and would involve training and equipment that is readily available at the existing fire stations.
As required by the Uniform Fire Code and the City of Bakersfield Municipal Code Sections
15.64.010 to 15.64.480, the proposed project will be required to include specific design features
such as ensuring appropriate emergency access, and requiring structures to be built with
approved building materials.
During tournaments or playoff events, it is likely that project operation would significantly
increase traffic in the site vicinity, which may create delays in emergency response times.
Additionally, introduction of large crowds would likely increase the number of medical aid calls.
At its current state of two personnel, station 53 does not have sufficient staff to service the area
and is not located in a strategic location that would best serve uses in the southwest.
Consequently, operation of the project would significantly affect fire protection and emergency
medical response if not mitigated.
Cumulative Impacts
Buildout of the proposed project in conjunction with other planned, approved, and pending
projects in the City's planning area would result in the need for additional public services
facilities, personnel, and equipment. Occupancy of the cumulative projects would increase
demand for fire protection and emergency medical services. In order to meet the national
standard for fire personnel ratio of 1.0 per 1,000 persons, the predicted population increase
associated with cumulative development would create a need for 209.2 additional fire personnel.
City officials are currently planning the construction of a new fire station to serve buildout of the
southwest planning area.
Findings
Pursuant to Public Resource Code 21081 (a) (I), and CEQA Guidelines Section 15091, the Planning
Commission finds that the project's adherence to the following mitigation measures from the EIR,
which are incorporated into the project, will avoid or reduce the Fire Protection/Emergency
Services impacts to a less than significant level.
5.10-1 Prior to hosting a special event, the Parks and Recreation Department shall develop a
comprehensive special event management plan for review by the City of Bakersfield Police and
Fire Departments. The plan shall detail the number of personnel to be off site and on site for all
sporting events and shall address items such as emergency response procedures, crowd control,
communications, and responsibility and coordination between agencies and parties. At a
minimum, all security staff shall be licensed by the State of California, and trained in CPR and
Standard First Aid.
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4. Police Protection
Facts in Support
of Findings
An evaluation of project impacts on Police Protection is found on pages 5.10-1 through 5.10-11 of
the Draft EIR. The project would be served by the Bakersfield Police Department. The City is
separated into 25 Police Beats. Each response beat is further divided by a grid network in order
to allow the department to accurately and quickly direct patrol officers to calls for service. The
beats are patrolled 24 hours a day by uniformed police officers in four overlapping lO-hour shifts
per day. The department would respond to a call for assistance from the project site with patrol
officers from Beat 10.
ProJect Impacts
The project does not include a residential component and will not result in a permanent increase
in resident population. Consequently, the project will not directly result in the need for
additional sworn officers. However, operation of the project would introduce large crowds and
create intense peak traffic volumes during playoff and tournament events. While no alcohol will
be sold on the fields, alcohol may be available at the commercial component of the project. The
combination of large crowds, athletic competition, and alcohol consumption offers the potential
for rowdy guests to cause a disturbance either at the athletic complex or to surrounding
residential uses.
Cumulative Impacts
Using the City of Bakersfield Police Department's current staffing goal of 1.3 officers per 1,000
residents, the predicted cumulative population increase would create the need for an additional
272.0 sworn officers, and 45 additional non-sworn officers, clerical personnel, and administrative
personnel Construction and occupancy of the cumulative projects would generate revenue in
the form of property taxes, sales tax, and development fees, a portion of which accrues to the City
General Fund and could be allocated to fund services consistent with need. Additionally, bond
issues, development fees, land dedications, and/or assessment districts could facilitate police
protection services.
Findings
Pursuant to Public Resource Code 21081 (a) (1), and CEQA Guidelines Section 15091, the Planning
Commission finds that the project's adherence to the following mitigation measures from the EIR,
which are incorporated into the project, will avoid or reduce the Police Protection resource
impacts to a less than significant level.
5.10-1 Prior to hosting a special event, the Parks and Recreation Department shall develop a
comprehensive special event management plan for review by the City of Bakersfield Police and
Fire Departments. The plan shall detail the number of personnel to be off site and on site for all
sporting events and shall address items such as emergency response procedures, crowd control,
communications, and responsibility and coordination between agencies and parties. At a
minimum, all security staff shall be licensed by the State of California, and trained in CPR and
Standard First Aid.
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5. Solid Waste
An evaluation of project impacts on Solid Waste collection and disposal is found on pages 5.11-1
through 5.11-21 of the Draft EIR. The Bena Landfill, located at 2951 Neumarkel Road in Edison,
California, is the primary landfill that serves the City. The l,322-acre landfill was opened in 1992
by the KCWMD as the first fully lined landfill within metropolitan Bakersfield. The landfill is
permitted in phases. Phase 2A is permitted for approximately 22,776,177 tons, and is anticipated
to reach capacity by 2031. The landfill is designed for a phased expansion that will provide an
estimated long-term disposal capacity through the year 2100.
Project Impacts
The project would generate approximately 4,472 tons of solid waste on an annual basis, or
approximately 12 tons daily. In addition, the project would generate construction debris on a
short-term, temporary basis. The amount of demolition debris and construction materials debris
is not anticipated to be substantial as the site is vacant and much of the site will remain open
fields.
It is anticipated that waste generated by occupancy of the project would require disposal at the
Bena Landfill, which is the primary landfill is serving the City. On average, the landfill accepts
approximately 1,470 tons on a daily basis. Consequently, the Bena Landfill has adequate capacity
to serve the estimated 12 tons of waste generated by project operation on a daily basis.
Cumulative Impacts
Buildout of approved, planned, and pending projects within metropolitan Bakersfield would
result in an additional 69,498 dwelling units if all cumulative projects built out to their maximum
proposed densities. Assuming a 50 percent diversion rate, approximately 60,810 tons of waste
annually or 166.6 tons daily would require disposal at local landfills. In comparison, the Bena
landfill has a daily permitted operating capacity of 4,500 tons per day and presently accepts an
average of 1,470 tons per day. Consequently, the additional 166.6 tons of waste generated by
cumulative projects on a daily basis could be accommodated within the existing permit capacity
at this landfill.
Findings
Pursuant to Public Resource Code 21081 (a) (I), and CEQA Guidelines Section 15091, the Planning
Commission finds that the project's adherence to the following mitigation measures from the EIR,
which are incorporated into the project, will avoid or reduce the solid waste impacts to a less
than significant level.
5.11-1 During construction, the contractor shall separate all project construction debris and
construction-related debris into recyclable and non-recyclable items. All recyclable debris shall
be transported to appropriate recycling facilities to reduce waste disposed of at County landfills.
Additionally, recyclable materials and materials consistent with the waste-reduction goals of the
City shall be used in all aspects of construction, when possible.
5.11-2 Prior to development the project applicant shall submit for review a Construction and
Demolition Recycling Plan to the KCWMD to the City of Bakersfield. The Recycling Plan shall
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include a plan to separate recyclable/reusable construction debris. The plan shall include the
method the contractor will use to haul recyclable materials and shall include the method and
location of material disposal.
6. Environmental Safety
An evaluation of project impacts with regard to Environmental Safety is found on pages 5.12-1
through 5.12-14 of the Draft EIR This section of the Draft EIR was based on findings from a
Phase 1 Environmental Site Assessment (ESA). The Phase 1 ESA involved review of historical
aerial photographs, regulatory database searches, a review of City of Bakersfield Grants of
Easement records, a personal interview, and field investigation. The project site is not listed as a
hazardous materials site pursuant to Government Code Section 65962.5 nor is the project within a
O.S-mile radius of a listed site. No underground or aboveground storage tanks were visually
identified, and no indication of hazardous waste disposal was observed during site investigation.
The site, although fallow since 2002, has historically been used as a spreading ground for
effluent. Effluent from WWTP No. 3 was mixed with yeast waste and used to irrigate crops,
primarily alfalfa. During these farming activities, pesticides may also have been applied to the
site for pest control.
Project Impacts
Project construction activities have the potential to encounter known hazardous materials or
wastes from historic use of the site. The potential threat to public health can be reduced to less
than significant levels by conducting soil testing and remediation activities prior to site
development.
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 because of the small volume and
low concentration of hazardous materials utilized during the construction phases.
Continued use of agricultural chemicals would represent a less than significant hazard with
implementation of the following standards: (1) agricultural chemicals would be used and stored
in accordance with all applicable federal, state, and local regulations and guidelines; and, (2)
buffers and barriers between agricultural and urban uses would be used to provide a separation
during pesticide application operations.
The presence a proposed lake represents a public hazard. Young children are especially
vulnerable - they can drown in less than 2 inches (6 centimeters) of water. For this reason, no
swimming will be permitted in the lake, and No Swimming signs will be posted around the lake
perimeter. Visitors will be required to observe all warning signs, and may never leave children
unsupervised near the water. However, the lake can represent an attractive nuisance if the
waters are readily accessible and visitors ignore the warnings or are distracted and fail to
supervise children.
Reclaimed water from the adjacent WWTP No.3 will be used to supply the lake and irrigate the
Sports Complex landscape and playing fields. Hazards may arise from the pathogens that can be
present in raw sewage which are removed to varying degrees during the treatment processes.
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Pursuant to Title 22 requirements, signs and warnings must be placed along the lake perimeter to
notify members of the public not to drink the reclaimed water. In addition, actions to reduce
incidental runoff from recycled water use areas must be implemented. Precautions such as
irrigation during non-peak times and ensuring irrigated sporting grounds are dry before use, will
also minimize the safety hazard.
In addition, the lake could require the use of phosphate fertilizers to control nutrient levels. The
lake may also require treatment with acidic (alum) and/or alkaline (lime) materials as determined
by the chemistry of the lake water. Dyes such as Aquashade may be applied in order to limit
photosynthesis. Pesticides such as algaecides, herbicides, and insecticides, may also be applied in
order to kill a target organism.
Commercial-retail uses proposed on site might store and use hazardous materials such as fuels,
oils, solvents, and other materials. These materials would be stored on site in small quantities. A
variety of state and federal laws govern the generation, treatment, and disposal of hazardous
wastes. The City of Bakersfield Fire Department and Kern County have the authority to inspect
on-site uses and to enforce state and federal laws governing the storage, use, transport, and
disposal of hazardous materials and wastes.
The project would include the delivery and disposal of hazardous materials such as fuels, oils,
solvents, and other materials. These materials are typical of materials delivered to other
commercial-retail uses elsewhere in the City. Existing federal and state laws adequately address
risks associated with the transport of hazardous materials. These include regulations outlined in
the Hazardous Materials Transportation Act, administered by the U.S. Department of
Transportation.
Grading within the boundary of the project may lead to the release of fugitive dust and spores
causing Valley Fever. Mitigation measures designed to reduce the amount of fugitive dust
generated during grading activities would reduce the likelihood of Valley Fever to a less than
significant level.
Cumulative Impacts
Application, storage, and disposal of hazardous materials are subject to federal, state, and local
regulations. Compliance with these 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 cumulative projects are constructed.
Findings
Pursuant to Public Resource Code 21081 (a) (1), and CEQA Guidelines Section 15091, the Planning
Commission finds that the project's adherence to the following mitigation measures from the EIR,
which are incorporated into the project, will avoid or reduce impacts on Environmental Safety to
a less than significant level.
5.12-1 Prior to Commencement of grading, the City Recreation and Parks Department along with
applicants for commercial development shall have a Phase II site assessment conducted for the
respective development sites to determine whether on-site soils contain pesticide residues, high
concentrations of metals, or other contaminants from historic uses conducted on the property. If
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on-site soils are found to contain concentrations of contaminants above Preliminary
Environmental Remediation Goals (PERG), then remediation actions shall be undertaken
including excavation and disposal of soil at permitted facility, on-site treatment, or other
accepted method.
5.12-2 Prior to site development, the Department of Recreation and Parks shall prepare a conceptual
lake plan that identifies the means by which public access to lake waters will be limited. Means
available to deter water contact include, but are not limited to, the following:
. Avoid use of sandy beach shore;
. Strategic placement of landscaping and low-lying walls along the shoreline; and
. Use of rocky shoals.
The Plan shall be submitted to the Department of Public Works for review and approval.
7. Hydrology and Water Quality
An evaluation of project impacts with regard to Hydrology and Water Quality is found on pages
5.13-1 through 5.13-19 of the Draft EIR. The site is relatively flat, is located approximately 5 miles
south of the Kern River, and is not within the primary or secondary floodway.
Proiect Impacts
Grading and excavation necessary for site preparation could result in wind- and water-driven
erosion of soils that would increase sedimentation and soil erosion. The project applicant is
responsible for implementation of Best Management Practices (BMPs) as part of compliance with
the National Pollutant Discharge Elimination System (NPDES) construction permit from the
RWQCB.
Buildout of future commercial development would result in the construction of impervious
surfaces that would reduce water absorption and increase surface runoff volume and velocities.
The runoff would be conveyed to the on-site lake sized to provide sufficient freeboard to retain
flood flows in a design-year storm event. Each future commercial project must file a site plan
that is required to show how the development meets the design requirements of the City of
Bakersfield as part of the Planned Development Review process.
In the event of a dam breach, warning estimates predict that future project residents would have
approximately 12 hours before the flood waters reached the area based on City flood warning
projections. This is sufficient time for visitors to implement the City of Bakersfield Flood
Evacuation Plan and evacuate the site using Taft Highway, which provides a direct connection to
Interstate 5.
Pollutants from the Project would be a non-point source discharge typically associated with
general land development including hydrocarbons such as motor oil, pesticides, and fertilizers
from maintenance of athletic fields, or landscaping, pathogens (coliform bacteria) and trash such
as food wrappers or packaging from goods purchased at the commercial shops. Under NPDES
Municipal Permit No. CAS614001, applicants for development of the commercial parcels must
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submit and implement a Standard Urban Stormwater Mitigation Plan (SUSMP) containing
design features and BMPs appropriate and applicable to the project that reduce the volume of
contaminants entering surface and groundwater.
Project activities may also degrade water quality of the proposed lake. The lake has multiple
functions; one is to enhance aesthetics, another is the storage of runoff and reclaimed water for
use in irrigation of landscaping and athletic fields. The initial lake water as well as the long-term
maintenance of the water level at the lake would be maintained by the storage of reclaimed water
and runoff from developed uses. These proposed uses could degrade the quality of lake waters
through generation of floating debris, water clarity issues, dissolved oxygen, algae, aquatic plant
growth, and insect growth.
According to the Water Supply Assessment prepared for the Project, approximately 92 percent of
the predicted water demand would be met by reclaimed water from Water Treatment Plant No 3.
Moreover, the City of Bakersfield will implement policies of the Metropolitan Bakersfield General
Plan related to "Safe Yield" as well as the City of Bakersfield's UWMP during Site Plan Review.
Consequently, implementation of the proposed project would not result in net deficit in aquifer
volume or the lowering of the local groundwater table.
Cumulative Impacts
Buildout of each future land development would result in the construction of additional
impervious surfaces that would reduce water absorption and increase surface runoff and
velocities. Each future project in the City is subject to requirements outlined in the City Drainage
Manual and must prepare specific drainage studies to identify potential impacts, relationship to
City and County drainage master plans, and implementation of appropriate on- and off-site
drainage improvements.
All uses within the City of Bakersfield and Kern County are subject to the requirements of the
NPDES program for municipal stormwater discharge. Assuming that each new development
project implements the SUSMP requirements, each project would minimize the potential for
cumulative degradation of surface water quality.
Findings
Pursuant to Public Resource Code 21081 (a) (1), and CEQA Guidelines Section 15091, the Planning
Commission finds that the project's adherence to the following mitigation measures from the EIR,
which are incorporated into the project, will avoid or reduce impacts on Hydrology/Water
Quality to a less than significant level.
5.13-1. Prior to approval of the first grading plan and the commencement of development activities
within the GP A/ZC area, the City Engineer shall prepare a Hydrology Concept/Lake
Management Plan. The Plan shall identify the method of collection, conveyance, and treatment
of runoff and shall illustrate that sufficient freeboard is available in the lake to accommodate
project-generated runoff during a design year storm. The Plan shall also outline the techniques to
be utilized for management of water quality in the lake. Methods that may be used to address
lake quality include, but are not limited to, the following:
. Filtering suspended solids in pretreatment wetlands;
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. Reducing concentration of dissolved pollutants, nutrients, and salts through flushing of the
lake water volume by utilizing the lake as the storage reservoir for irrigation;
. Reducing nutrient concentrations from inflows and prevention of algal blooms by using
constructed gravel biofilter beds that utilize ''biological filtration";
. Maintaining oxygen levels through aeration promoting oxygen exchange to prevent
anaerobic conditions which allows nah1ral process to occur such as denitrification for
removal of nitrogen;
. Removal of BOD (biological nutrient demand) and heavy metals through wetland planters;
. Collection of large sediments and floating debris at centralized outfall boxes to the lake
system with debris collection facilities and sediment traps;
. Pretreatment and primary control through wetland water quality filters designed as attached
growth biological reactors.
In addition to design features, the Plan shall also address ongoing maintenance. Issues to be
addressed shall include the following:
. Debris Removal
. Algae Control
. Aquatic Weed Control
. Equipment Maintenance
C. Environmental Effects of the Project Which are Considered Unavoidable
Significant Impacts
1. Noise
Facts in Support
of Findings
An evaluation of project impacts on noise is found on pages 5.6-1 through 5.6-23 of the Draft EIR.
The predominant source of noise in the project vicinity is vehirolar traffic along Taft Highway.
The City of Bakersfield Wastewater Treatment Plant No.3 is adjacent to the project site to the
north and represents a stationary noise source in the area Sensitive receptors within the project
site vicinity include single-family homes on the south side of Taft Highway, on the southwest
comer of Gosford Road and Taft Highway, along the west side of Gosford Road and along the
east side of Ashe Road. Additionally, approved residential developments are currently under
construction to the northwest and adjacent to the project site to the east, which will be complete
and occupied during project operation.
Proiect Impacts
During project construction nearby sensitive receptors would be exposed to noise levels that
range from 61 to 87.5 dB(A). With the exception of the future single-family residences to the
northwest, construction noise would exceed the City of Bakersfield standard of 65 dB(A). All
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construction activity would be limited to daytime hours when people are least sensitive to noise,
and other restrictions specified in Chapter 9.22 of the Municipal Code and would be subject to
mitigation.
Operation of the Project would generate noise from increased vehicle traffic and from point
sources such as crowd noise, parking lot noise, and noise from future commercial development.
Of the 31 studied roadway segments, two segments would experience a project noise increase
that exceeds 3 dB(A) and the adopted standard of 65 dB(A): Taft Highway, along the project
frontage between Gosford Road and Ashe Road, and Gosford Road, between McCutchen Road
and Taft Highway. Roadway noise along these roadway segments would exceed 65 dB(A) at 65.4
and 68.8 dB(A) Community Noise Equivalent Level (CNEL), respectively, after project
implementation. The project contribution is predicted to be 3.3 dB(A) and 3.7 dB (A),
respectively. Future residential subdivisions approved along Gosford and Ashe Roads are
subject to Chapter 16.28 and 17.10 of the Municipal Code, which requires a 20-foot landscaped
parkway and 6-foot masonry wall separate residential uses from arterial roadways. These
development requirements serve to attenuate project noise to acceptable levels.
Several rural residential dwellings along that segment of Taft Highway fronting the project do
not benefit from the presence of a solid wall as is required for future residences along Gosford
and Ashe Roads, and would experience noise level increases that exceed City standards. While
means to attenuate roadway noise along Taft Highway are available, including reducing the
speed limit and use of rubberized asphalt pavement, it is beyond the ability of the City of
Bakersfield to implement those types of measures as Taft Highway is under the jurisdiction of the
California Department of Transportation (Caltrans). Consistent with Section 15126.4(0)(2) of the
CEQA Guidelines, these measures are considered infeasible.
When facilities are used for organized tournaments or playoff games, which typically draw large
groups of spectators, event organizers often utilize amplified public address systems. Noise
levels generated by the amplified sound system may reach as high as 85 dB(A) at the bleachers,
while crowd noise can average 91 dB(A) as measured 85 feet from the bleachers. Existing and
future residential uses located near to athletic fields may be exposed to noise levels in excess of
City standards.
Future commercial development planned along Taft Highway may lie within the 70 dB (A) noise
contour, in which case future uses may be subject to roadway noise in excess of the noise
performance standards contained in the General Plan. Implementation of mitigation would
ensure that future commercial uses are not subject to noise levels in excess of City noise
performance standards.
Cumulative Impacts
The Federal Highway Administration (FHWA) Noise Prediction Model was used to predict
future noise levels experienced along studied roadway segments assuming buildout of proposed
residential and commercial development within the Bakersfield area through 2030. Roadway
segments which are predicted to experience noise levels between 60 and 65 dB(A) in 2030 would
not experience a project-related increase of 3.0 dB(A) or more, which constitutes a less-than-
significant impact. For those segments predicted to experience noise levels less than 60 dB(A) in
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the year 2030, the project would not increase noise levels by 5.0 dB(A) or more, so the project
would not contribute to a significant cumulative impact based on City standards.
Findings
The City of Bakersfield Planning Commission finds that development of the proposed project
would increase the ambient noise levels experienced on surrounding property to levels consistent
with urban use. All feasible mitigation has been incorporated into the project, but impacts to
existing rural residential uses along Taft Highway is considered a significant, unavoidable
cumulative impact. The Planning Commission also finds that the significant impact identified
above is overridden by project benefits as set forth in the Statement of Overriding
Considerations.
5.6-1 Prior to site development, construction contractors for both commercial developments and
athletic fields shall prepare a construction management plan for review by the City Department
of Public works which identifies the means to be utilized to attenuate construction noise. These
measures may include, but are not limited to, the following:
. Place stationary construction equipment as far from noise sensitive uses as feasible.
. All construction equipment shall be equipped with appropriate mufflers in good working
condition.
. Construction hours, allowable workdays, and the phone number of the job superintendent
shall be clearly posted on a sign no larger than 4 feet by 8 feet at all construction entrances to
allow for surrounding property owners to contact the job superintendent. If the City or the
job superintendent receives a complaint, the superintendent shall investigate, take
appropriate corrective action, and report the action taken to the reporting party.
5.6-2 Prior to development, a site plan for the athletic complex shall be designed by the Department of
Recreation and Parks such that restrooms, press box, and similar support structures are oriented
in a manner that serves as an acoustical barrier separating athletic fields from existing and future
off-site residential uses.
5.6-3 Event sponsors shall ensure that public address system speakers are directed toward seating
areas or designated spectator areas only and shall be directed away from adjacent off-site
residences to the maximum extent practicable.
5.6-4 Event sponsors shall ensure that speaker system volume is set no louder than the minimum level
necessary to provide its basic function
5.6-5 Event sponsors shall ensure that public address system microphones are configured in a manner
so as not to receive and amplify spectator responses. This may require shielding or the use of a
broadcasting booth.
5.6-6 Event sponsors shall ensure that public address system is not used between the hours of 10:00
P.M. and 7:00 A.M.
5.6-7 Prior to issuance of building permits, an acoustical analysis shall be prepared by the applicant of
future commercial development to address potential noise impacts associated with motor vehicle
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noise along Taft Highway. The analysis shall utilize City noise land use compatibility criteria
and shall be approved by the City Development Services Department.
2. Aesthetics (Light and Glare)
An evaluation of Aesthetic (light and glare) impacts of the project is found on pages 5.3-1 through
5.3-21 of the Draft ElR. Ambient lighting in the area is low and is classified as Lighting Zone 2
(Semi-Rural with moderate levels of light) due to the lack of streetlights, security lighting, and
few developed uses other than Wastewater Treatment Plant No 3. The project site itself contains
no night lighting of any type. Presently, the only source of light in the immediate area is
Wastewater Treatment Plant No.3, which contains security lighting that is directed internally
within the facility. During nighttime hours, this ambient light environment can be accentuated
during periods of low cloudiness or fog that can increase the amount of light and reflective glare.
During the day, sunlight reflecting from existing structures is the primary source of glare.
Project Impacts
Development of the project would introduce new sources of lighting into the area, including
stadium lighting, streetlights, parking lot lighting, landscape lighting, and monumentation
signage. Future commercial development would contain parking lot lighting for security,
commercial monumentation signage, and loading dock lights that would introduce new sources
of illumination into the area that would be visible from existing uses. The corporation yard
annex would also contain lighting for security and parking. These light sources are typical of a
suburban setting and their use is controlled by the Municipal Code.
Future evening and nighttime use of athletic fields may result in significant light spillage onto
adjacent parcels approved for residential development. If not properly directed and controlled,
introduction of such lighting could cause significant spillage onto nearby residential properties.
Cumulative Impacts
Buildout of approved, planned and pending projects would alter the existing semi-rural character
of the area by introducing residential, commercial, and supporting facilities that require use of
lighting for safety, security, monumentation, and to identify goods and services provided. While
initially these sources of light may stand out in contrast to the surroundings, which can be
categorized as a Lighting Zone 2 (Semi-Rural), over time these light sources would become
similar in nature and intensity as the ambient condition transitions to one that is best described as
Lighting Zone 3 (Suburban). This change would result in a cumulatively significant and
unavoidable increase in light and glare.
Findings
Pursuant to Public Resources code 21081 (a) (1), and CEQA Guidelines Section 15091, the Planning
Commission finds that development of the proposed project in combination with planned, approved,
and foreseeable projects would cause an unavoidable cumulative light and glare impact after
implementation of all feasible mitigation. The Planning Commission also finds that the significant
impact identified above is overridden by project benefits as set forth in the Statement of Overriding
Considerations.
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5.3-1 Project plans and specifications to be prepared by the Bakersfield Recreation and Parks
Department shall call for the use of NEMA Type 2 pole mounted lights where the vertical
and horizontal spread on either side of the light beam centerline is limited to between 9
and 14 degrees. Special louvers shall also be installed at each fixture to provide
additional beam control. When installed, the stadium lighting fixtures shall be tested
and adjusted by qualified professionals under the supervision of Recreation and Parks
staff to ensure that light levels do not exceed 2.0 foot-candles of glare and 0.5 foot-candle
of spill at the property boundary.
3. Traffic and Access
Facts in Support
of Findings
An evaluation of the traffic impacts of the proposed project is found on pages 5.5-1 through 5.5-
71 of the Draft EIR The comprehensive traffic impact analysis completed for the project is found
in the Appendix 5.5 of the Draft EIR
The traffic study examined 53 intersections (38 existing- 23 unsignalized and 15 signalized -and
15 future) and 31 roadway segments. Based on the traffic counts taken for the traffic study, 4
intersections operated below LOS C under existing PM Peak-hour conditions, 6 operated below
LOS C under existing AM peak-hour conditions, and one intersection operated below LOS C
during Saturday peak-hour conditions. Signal warrant analysis indicates that four unsignalized
intersections currently warrant signals in the PM peak, while six unsignalized intersections
warrant signals in the AM peak. The analysis found that the no unsignalized intersections
warrant signals in the Saturday Peak.
Project Impacts
During project construction, access and circulation may be impeded due to temporary road
closures or detours. Anticipated construction-related traffic and circulation impacts would be
considered a temporary nuisance that would cease upon completion of project construction.
Preparation of a detailed Traffic Management Plan (TMP) would be required prior to
construction of the proposed project.
At buildout, the proposed project is forecast to generate approximately 22,761 daily trips during
the weekday, which include approximately 2,175 PM peak-hour trips, and approximately 1,514
AM peak-hour trips. During the weekend, project occupancy would generate approximately
34,909 daily trips, and approximately 3,116 Saturday Peak Hour Trips. Trip generation estimates
for a Saturday major sporting event predict the project would generate 35,792 daily trips, with
3,408 trips during the Saturday peak hour.
Implementation of the project would result in eight intersections operating below LOS C during
the weekday PM peak hour, four intersections operating below LOS C during the weekday AM
peak hour, and six intersections operating below LOS C during the Saturday peak hour, while
seven intersections operated below LOS C during the Saturday Major Event Scenario. However,
with implementation of recommended mitigation, all impacts can be mitigated to levels
considered less than significant.
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Implementation of the project would result in six unsignalized intersections warranting a signal
during the PM peak hour and nine unsignalized intersections warranting a signal during the AM
peak hour. However, of these intersections, implementation of the project would only directly
result in two of the intersections achieving a warrant. Implementation of the project would result
in three of the roadway segments in the study area operating below LOS C. As payment of
Regional Traffic Impact Fee (RTIF) program fees would provide funding for these signals and
roadway improvements, implementation of the project would be less than significant.
During tournaments or regional playoffs, traffic can become congested and back up onto
surrounding arterials if motorists continually stop to allow pedestrians to cross roadways, slow
as they navigate the internal network finding the proper parking lot for their athletic venue, or
attempt to go around stalled vehicles blocking lanes. All of these situations can represent a
serious hazard to motorists or pedestrians both on and off the project site and can impede
emergency access if traffic is not properly managed.
During the peak season, multiple sporting events would be underway simultaneously on the
project site that could draw from a regional basis where people would travel from substantial
distance and require space to park their vehicle. Based on assumed average vehicle occupancy of
3.0 persons per vehicle, parking demand for a special event with a draw of 17,500 people will
need approximately 5,833 parking spaces. A typical event with a draw of 10,000 people will have
a parking demand of approximately 3,333 spaces. Either scenario would exceed the demand for
parking available on the project, resulting in visitors searching for parking on nearby property,
including neighboring residential streets.
Cumulative Impacts
Implementation of the project along with cumulative development would result in 48
intersections operating below LOS C during the Weekday PM peak-hour, 40 intersections
operating below LOS C during the AM peak-hour, 42 intersections operating below LOS C
during the Saturday peak-hour, while 43 intersections operate below LOS C during the Saturday
Major Event Scenario. With implementation of recommended mitigation, all cumulative impacts
can be mitigated to levels considered less than significant with the exception of Gosford Road at
White Lane and Ashe Road at White Lane intersections, which operate at LOS D in the weekday
PM peak and LOS E in the weekday AM peak hour future with project and mitigation condition.
The project's contribution to the impact at these intersections is cumulatively considerable and no
further improvements at this location can be implemented.
Findings
Pursuant to Public Resources code 21081 (a) (I), and CEQA Guidelines Section 15091, the Planning
Commission finds that development of the proposed project in combination with planned, approved,
and foreseeable projects would cause an unavoidable cumulative traffic and circulation impacts after
implementation of all feasible mitigation. The Planning Commission also finds that the significant
impact identified above is overridden by project benefits as set forth in the Statement of Overriding
Considerations.
1 National Training Center (Home Depot Center) Final Environmental Impact Report, 2001
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5.5-1 Prior to grading permit issuance for commercial development, a Traffic Management Plan (TMP)
shall be submitted for review and approval to the City of Bakersfield Public Works Department.
Such plan shall consist of prior notices, adequate sign posting, and detours (including for
pedestrians and bicyclists). 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 reviewed and approved by the City Police and Fire Departments so that construction
does not interfere with any emergency response or evacuation plans. Construction activities
shall proceed in a timely manner to minimize impacts.
5.5-2 Refer to Mitigation Measures 5.5-4 and 5.5-5 under cumulative conditions.
5.5-3 The Recreation and Parks Department shall prepare a formal special events management plan for
submittal to the Department of Public Works. The special events management plan shall include
the following:
. Identify the number and location of traffic control officers used to direct event traffic. At a
minimum, traffic control officers shall be stationed at the Taft Highway, Ashe Road, and
Gosford Road driveways to facilitate inbound and outbound traffic flow before and after the
games.
. Identify the type and location of directional signage to be installed during major events. At a
minimum, advanced directional signage shall be implemented on Taft Highway directing
event traffic to the primary entrance, and on Ashe Road and Gosford Road directing traffic to
their respective entrances. This would facilitate the routing of traffic to the proper parking
facilities for those who are unfamiliar with the Sports Village access and parking system, and
would help keep event traffic from wandering in the adjacent neighborhood streets and
commercial parcels.
. Establish an informational flyer providing a brief description of the parking and access
system to be used during tournaments and playoffs, including the location of athletic venue
parking entrances for the subject sport. This informational flier shall be made available to
participating leagues and teams.
. Develop a monitoring program that periodically reviews the success of the access and
parking control measures and addresses complaints received from area residents. A brief
report detailing the results of the monitoring program and any recommended actions shall be
submitted to the City for review and approval on an annual basis.
. The special events management plan shall include a contingency overflow-parking plan that
would be implemented in the event a tournament or playoff expected to draw 10,000 or more
attendees is anticipated. The overflow-parking plan would identify temporary parking
locations when the on-site parking lots become full. Potential locations include vacant land
owned by the City that is set aside for future expansion of Wastewater Treatment Plant No.3.
5.5-4 Prior to the issuance of building permits for commercial development, the developer shall pay
the applicable Regional Transportation Impact Fee (RTIF). Prior to the development of public
facilities, the applicable City department shall pay the applicable RTIF. RTIF calculations shall be
prepared by the developer of each phase of development based upon the applicable RTIF rate(s),
to the satisfaction of the City of Bakersfield Public Works Department.
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5.5-5 For impacted intersections subject to fair-share improvements (refer to Tables 5.5-20 and 5.5-21),
the developer for commercial development and the applicable Gty department shall participate
in the improvements required on a pro-rata, fair-share basis, as indicated in Table 5.5-20 and
Table 5.5-21, Future Intersection Improvements and Local Mitigation, prior to the issuance of
building permits.
4. Air Quality
Facts in Support
of Findings
An evaluation of the air quality impacts of the proposed project is found on pages 5.7-1 through
5.7-23 of the Draft EIR. The state I-hour and federal8-hour ozone standards have been exceeded
multiple times in each of the past five years. The state 24-hour PMlo standard has been exceeded
in each of the past five years. However, the federal 24-hour PMlO standard has not been exceeded
for four years since 2001. The federal 24-hour PMl.s standard has also been exceeded in each of
the last five years except for 2003 (there is no state 24-hour PM2.s standard). However, the
number of exceedances of the federal 24-hour PM2.S standard dropped from 2002 to 2004, and
there were no recorded exceedances in 2003 at the monitoring station. Both PM 10 and PM2.s show
a declining trend in Ambient Air Quality Standards exceedances; nevertheless, recent
exceedances indicate both pollutants still pose an air quality problem. Monitoring for sulfur
dioxide, H2S, lead, vinyl chloride, and sulfates is either insufficient or has been discontinued due
to the very low ambient concentrations of these compounds.
Project Impacts
Construction-related emissions during Phase I and Phase IT construction would not exceed any of
the SJV APCD's thresholds of significance. When a project's emissions are below the significance
thresholds, the project is considered not to substantially contribute to the deterioration of air
quality within the region.
Buildout and operation of the proposed project, day-to-day activities occurring on the project site
would generate operational emissions as a result of stationary, area, and mobile sources. Annual
operational emissions would exceed the District recommended thresholds of significance for
ROG and NOx. The primary source of these emissions involves operation of commercial uses.
While the project would result in emissions of GHGs, the significance of the impact of a single
project on global climate cannot be determined at this time. Insufficient information and
predictive tools exist to assess whether a single project would result in a significant impact on
global climate. Consequently, determining the significance of the impact of the project on global
climate is speculative.
Future (2030) cumulative plus project CO concentrations would not exceed the state or federal
1- and 8-hour CO standards near any studied intersection.
Project implementation could expose future visitors to offensive odors generated by operation of
the Bakersfield Wastewater Treatment Plant (WWTP) No.3, which is located directly north of the
proposed project. Currently, WWTP No.3 is undergoing expansion and upgrades to increase its
wastewater treatment capacity and enhance odor control with the addition of a separate odor
28
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control facility dedicated to odor sequestration and removal of sludge drying beds. Moreover,
the City of Bakersfield has established a 0.25-mile odor buffer zone around the odor-generating
facilities of its wastewater treatment plant. The vast majority of the site is outside of this buffer
zone with the exception of a small portion of the landscaped buffer planned along the northern
perimeter of the project.
Cumulative Impacts
The proposed land uses would not be consistent with the General Plan designation and could
potentially obstruct implementation of the applicable air quality management plan.
Furthermore, emissions from the proposed commercial and recreational development would
exceed those of the existing and zoned land use. According to the SJV APCD's GAMAQI, "Any
proposed project that would individually have a significant air quality impact...would also be
considered to have a significant cumulative air quality impact." Thus, if the project's emissions
would exceed the threshold of significance for NOx or ROG, which are ozone precursors, then the
project would result in a cumulatively considerable increase and the project is considered to have
a significant cumulative impact on air quality. The mitigation measures would reduce overall
ROG and NOx emissions to levels less than the SJV APCD project-level significance thresholds.
However, the SJV AB is designated as a serious federal ozone nonattainment area and a severe
state ozone nonattainment area, so the project's net emissions would contribute substantially to
continuing nonattainment of the state and federal ozone standards.
Findings
Pursuant to Public Resources Code 21081 (a) (1), and CEQA Guidelines Section 15091, the Planning
Commission finds that development of the proposed project would considerably contribute to an
existing air quality violation, which represents a cumulatively significant impact As a public facility,
it is not economically feasible to offset air emissions from operation of the recreational component of
the project, as the recreational facilities are readily available to the public at no charge. However, the
City finds that it is feasible to offset emissions from future commercial uses, as these are profit-
generating enterprises that benefit from presence of the recreational facilities through direct visitor
purchases.
The City further finds that the project will be linked to future residential development by a public
multi-use trail, which will provide residents in the vicinity with a safe and convenient alternative
means of acress to the facility. While implementation of the mitigation and site design features
would reduce overall project emissions below the thresholds of significance, the project's
contribution to an existing air quality violation is considered cumulatively considerable and is an
unavoidable significant cumulative impact of the project. The Planning Commission also finds that
the significant impact identified above is overridden by project benefits as set forth in the Statement
of Overriding Considerations.
5.7-1 Developers of commercial parcels shall incorporate measures to reduce emissions of ozone
precursors to the maximum extent feasible. Measures available for use may include, but are not
limited to, the following:
. Provide Class I and Class IT on-site bicycle parking facilities.
. Provide a display case or kiosk displaying transportation information.
29
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. Increase the building energy efficiency rating above what is required by Title 24
requirements (general, roof, and solar).
. Use architectural coatings for maintenance of building surfaces with lower volatile organic
compound content than that specified in SJV APCD Rule 4601.
. Provide grass paving or reflective surface paving for unshaded parking lot areas, driveways,
or fire lanes that reduce standard paving by 10 percent or more.
. Plant trees sufficient to shade half of the paved area within 15 years after development is
constructed.
. Require that commercial users establish delivery services for retail facilities (frequent use),
shopping centers, and restaurants.
. Require that commercial users schedule goods movement for off-peak traffic hours.
5.7-2 The project applicant shall enter into an Air Quality Mitigation Agreement2 with the SJV APCD
that will provide emission reductions, after accounting for the reductions due to Mitigation
Measure 5.7-1, sufficient to fully mitigate the ROG and NOx emissions associated with the
commercial development to O.
Section III
Findings Regarding Considerations Which Make Certain Alternatives Analyzed in the EIR Infeasible
The following findings and statements of fact regarding project alternatives identified in the EIR
are set forth to comply with the requirements of Section 15091 (a) (3) of the CEQA Guidelines.
The consideration of alternatives is an integral component of the CEQA process. The selection
and evaluation of a reasonable range of alternatives provides the public and decision-makers
with information on ways to avoid or lesson environmental impacts created by a proposed
project. When selecting alternatives for evaluation, CEQA requires alternatives that meet most of
the basic objectives of the project while avoiding or substantial lessening the significant effects.
The CEQA Guidelines state that a suitable alternative, which should be considered for some
projects, is an alternative location. The City of Bakersfield Recreation and Parks Department
choose the project site because the City owns the land, the property is within the incorporated
City boundary, is easily accessible, is located near to existing infrastructure including Wastewater
Treatment Plant No.3, has been disturbed by historic agricultural activity, and is already planned
for public use. The Project's trails plan linking development areas to the project site has been
approved by the City. The trails will provide safe and convenient access to the site by
pedestrians and bicyclists. No other property offers the same opportunities that exist at the
currently planned location. Moreover, the cost of land is too high for the City to acquire a
similarly sized parcel elsewhere within the incorporated City boundary. For these reasons, the
off-site alternative was removed from further consideration.
Analysis of a range of alternatives has been performed to provide information on ways to lessen
or avoid the impacts of the proposed Sports Village. Three alternatives are analyzed in the Draft
A sample air quality mitigation agreement is provided in Appendix 5.7 of the Draft EIR
30
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EIR including: (1) the No Project/No Development Alternative; (2) the Reduced Development
Intensity; (3) the Reduced Commercial Alternative. Of these alternatives, the No Project/No
development Alternative is considered the environmentally superior alternative. Section
15326(d)(2) of the CEQA Guidelines indicates that, if the No Project Alternative is the
"environmentally superior" alternative, the EIR shall also identify an environmentally superior
alternative among the other alternatives. In this instance, Alternative 2 (Reduced Development
Intensity) is considered environmentally superior to the proposed project. However, this
alternative would not go as far toward meeting any of the basic project objectives rendering this
alternative infeasible.
Section IV
Findings Regarding Growth Inducing Impacts
In general terms, a project may foster spatial, economic or population growth in a geographic
area if it meets anyone of the criteria that are identified below.
. The project removes an impediment to growth (e.g., the establishment of an essential public
service, or the provision of new access to an area);
. The project results in the urbanization of land in a remote location (Leap-Frog
Development);
. Economic expansion or growth occurs in an area in response to the project (e.g., changes in
revenue base, employment expansion, etc.);
. The project establishes a precedent setting action (e.g., a change in zoning or general plan
amendment approval).
The project site is located within the City of Bakersfield Boundary. The property is designated by
the Land Use Element of the General Plan for Public Facility uses. The property can be afforded
all necessary municipal services and supporting infrastructure without major expansions to
existing systems. Given the above, the project is not considered to be growth inducing.
Section V
Findings Regarding Significant Irreversible Environmental Changes
Uses of nonrenewable resources during the initial and continued phases of a proposed project
may be irreversible if a large commitment of these resources makes their removal or non-use
thereafter unlikely. According to Section 15126(f) of the CEQA Guidelines, the irretrievable
commitment of such resources is to be evaluated to assure that their current consumption by a
proposed project is justified. Approval of the proposed Sports Village will commit some
presently undeveloped lands, to urban uses. The commitment of undeveloped land to urbanized
uses is, essentially, and irreversible environmental change.
In addition, construction of the proposed land uses would contribute to the incremental
depletion of resources, including renewable as well as slowly- or non-renewable resources.
Resources, such as lumber and other forest products, as well as water, are generally considered
renewable resources. Such resources would be replenished over the time it is anticipated for the
31
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project to become fully built out and occupied. For example, lumber supplies are increased as
seedlings mature into trees, while water supplies are replenished as water is redistributed
through the action of the hydrologic cycle. Given this, the development of the project would not
result in the irreversible commitment of renewable resources, although there would be an
incremental increase in the demand for them over its lifetime.
The resources consumed by the proposed project would be used to meet the need for a wide
array of recreational opportunities created by growth within the Cit. These resources would
likely be committed to other projects in the region intended to meet this demand if the proposed
project was not developed. Further, the investment of resources in the proposed project would
be typical of the level of investment normally required for a project of this scale. Provided that all
standard building codes, including energy conservation standards, are followed, no wasteful use
of energy of construction resources is anticipated.
Section VI
Miscellaneous Findings
Facts in Support
of Findings
Revisions to the Draft EIR have been made as a result of the comments submitted on the Draft
EIR. These revisions only clarify, amplify, or make insignificant modifications to the conclusions
reached in the Draft EIR. N one of these revisions represent significant new information that
would result in the identification of a new significant impact or an increase in severity of such an
impact, from either the projects or from a new mitigation measure proposed for implementation
as part of the projects. Nor do these revisions include a new mitigation measure to reduce a
significant impact that has been declined by the project applicant.
Findings
The Planning Commission of the City of Bakersfield finds that Section 15088.5 of the State CEQA
Guidelines did not require recirculation of the Draft EIR, as the revisions made to the Draft EIR
merely clarified or amplified information found in that document.
32
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Exhibit C
Statement of Overriding Considerations
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STATEMENT OF OVERRIDING CONSIDERA nONS
As set forth in the preceding sections, the City's approval of the Project will result in significant adverse
environmental impacts that cannot be avoided even with the adoption of all feasible mitigation measures.
Despite the occurrence of these effects, however, the City chooses to approve the Project because, in its
view, the economic, social, and other benefits that the Project will product will render the significant
effects acceptable.
The following statement identifies why, in the City's judgment, the benefits of the Project, as approved,
outweigh its unavoidable significant effects. Anyone of these reasons is sufficient to justify approval of
the Project. Thus, even if a court were to conclude that not every reason is supported by substantial
evidence, the City would stand by its determination and each individual reason is sufficient. The
substantial evidence supporting the various benefits can be found in the preceding findings, which are
incorporated by reference into this section, and into the documents found in the Record of Proceedings.
The City finds that the Project would have the following economic, social, and environmental benefits:
Recreation and Open Space
The facility provides both active and passive recreational opportunities for local residents and youth, as
well as serving as a venue to attract regional, state, and national athletic competitions. The proposed
project contains 188 acres of land dedicated for athletic fields, ball courts, picnic areas, trails, and open
area.
Community Meeting Facility
The Project will provide public, private recreational, and community meeting facilities. Summertime,
evening, and/or weekend daytime special events, educational and recreational programs and activities
will occur on a periodic basis. These activities and events may include religious and cultural programs,
seminars, adult education classes, board meetings, and recreational sports activities.
Provision of Fire and Police Stations
Project provides approximately 22 acres for a City Corporation Yard Annex that will also house a new
fire and police station. These stations will improve response times to the area by placing a station in
proximity to recently approved and planned developments in the southwest.
Provision of Jobs
Project construction and operation will generate jobs for the community. Construction of the Project will
provide, over the building period, work for numerous individuals in the construction industry, as well as
for architects, engineers, and other professionals.
The proposed commercial component would contain a mix of specialty retail, restaurant, and possibly
hospitality uses that would provide jobs for managers, cooks, clerks, janitors, housekeeping staff, and
other service-based employment opportunities.
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