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HomeMy WebLinkAboutRES NO 124-01RESOLUTION NO. ]. 2 4" 0 11_ RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CERTIFYING IT HAS RECEIVED, REVIEWED, EVALUATED AND CONSIDERED THE INFORMATION CONTAINED IN THE FINAL EIR FOR GPA/ZC P00-0291 AND CERTIFYING THAT THE FINAL EIR HAS BEEN COMPLETED iN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CEQA GUIDELINES, AND THE CITY OF BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES, AND MAKING FINDINGS AND ADOPTING A MITIGATION MONITORING PLAN WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public headng on THURSDAY, June 28, 2001, on GPNZC P00-0291 for the proposed amendment to the Land Use Element and Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan, and corresponding zone change application, notice of the time and place of headng having been given at least ten (10) calendar days before said headng by publication in the Bakersfield Califomian, a local newspaper of general circulation; and WHEREAS, GPA/ZC P00-0291 an amendment and zone change is as follows: Concurrent General Plan Amendment/Zone Chanoe Case No. P00-0291. Castle and Cooke California, Inc. is requesting (1) an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from OC (Office Commercial) to GC (General Commercial), (2) an amendment to the Kem River Plan Element by changing the land use map designation from 6.25 (Office Commercial) to 6.2 (General Commercial), and (3) change the zoning from C-O (Professional and Administrative Office) to C-2 (Regional Commercial) on 32.89 acres.; and WHEREAS, for the above-described proposal, an Initial Study and Notice of Preparation (NOP) were conducted and it was determined that the proposed project would have a potential significant effect on the environment regarding impacts to traffic and circulation, noise, biological resources, air quality, cultural resources, and aesthetics, and, therefore, an Environmental Impact Report was required and prepared for the project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, in order to provide greater public participation, all property owners within 300' of the project site and all those who requested notification at a Planning Commission public hearing or requested special notice to the Development Services Department were noticed of the availability of the Draft and Final Environmental Impact Report and this public hearing; and WHEREAS, the environmental record prepared in conjunction with the project includes the following: ~,, The Notice of Preparation, the Draft Environmental Impact report, and the Final Environmental Impact Report; and All staff reports, memoranda, maps, letters, minutes of meetings, and other documents prepared by the consultant relating to the project; and All testimony, documents, and evidence presented by the City of Bakersfield and consultant working with the City ralating to the project; and The proceedings before the Planning Commission relating to the project and Draft Environmental Impact Report and Final Environmental Impact Report, including testimony and documenting evidence introduced at the public hearings; and Matters of common knowledge to the Planning Commission which it considered including but not limited to the following: a) b) c) d) The City of Bakersfield Metropolitan Bakersfield 2010 General Plan; and The City of Bakersfield Zoning Ordinance; and The City of Bakersfield Municipal Code; and Other formally adopted policies and ordinances of the City of Bakersfield; and WHEREAS, the Draft Environmental Impact Report was subjected to a forty-five (45) day raview pedod in accordance with Section 15087 of the CEQA Guidelines; and WHEREAS, the public hearing on the Draft Environmental Impact Report was held dudng the latter half of the public review pedod as required by the City of Bakersfield, California Environmental Quality Act (CEQA) Implementation Procedures; and WHEREAS, the Notice of Preparation (NOP) for this project was sent to all agencies having any involvement in this project per Section 15082 of the CEQA Guidelines; and WHEREAS, the notice of the public hearing was given to all commenting agencies as required by the City of Bakersfield CEQA Implementation Procedures, State CEQA Guidelines and State Law; and WHEREAS, the applicant has entered into an agreement with the City of Bakersfield to implement all mitigation measures identified in the environmental analysis contained in the Final EIR; and WHEREAS, an appeal was received from Ryan Oliver, 631 Faversham Way, Bakersfield, CA, 93311, on July 9, 2001, or eleven days after the Planning Commission's decision on GPA P00-0291; and WHEREAS, the appeal disputes that the proposed certification of the Final Environmental Impact Report is in compliance with CEQA, the CEQA Guidelines, and the City of Bakersfield's CEQA Implementation Procedures; and WHEREAS, the appeal provides no testimony or evidence on how or why the proposed certification of the Final Environmental Impact Report for GPA P00-0291 would not be in compliance with CEQA, the CEQA Guidelines, and the City of Bakersfield's CEQA Implementation Procedures; and WHEREAS, the "Findings of Fact in support of Findings for Significant Environmental Effects" for GPNZC P00-0291 is attached in Exhibit A and incorporated herein by this reference; and WHEREAS, the "Statement of Overriding Considerations" for GPNZC P00-0291 is attached hereto in Exhibit B and made a part hereof by this reference; and WHEREAS, the law and regulations relating to the preparation and adoption of an Environmental Impact Report as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced evidence and the conclusion of the Final Environmental Impact Report that the implementation of the proposed mitigation measures would reduce project and cumulative impacts on biological resources to a level that is less than significant; and WHEREAS, as to the potential significant impacts of the project, Exhibit A, attached hereto and incorporated herein by this reference, describes those impacts identified by the Final Environmental Impact Report that will be mitigated to a less than significant level. As to each impact, the City Council hereby finds the mitigation incorporated into the project will avoid impacts or mitigate impacts to a less than significant level. Each of the impacts including the Findings of Fact in support of Findings for Significant Environmental Effects for GPNZC P00-0291 are set forth in Exhibit A; and WHEREAS, as to significant and unavoidable impacts, certain environmental impacts regarding air quality are considered unavoidable and cannot feasibly be mitigated to a less than significant level. Moreover, the project alternatives analyzed in the Final Environmental Impact Report would not feasibly mitigate the impacts. These impacts are discussed in Exhibit A, attached hereto and incorporated herein by this reference. Notwithstanding disclosure of these impacts and their partial mitigation, the City Council is approving the project based on the overriding considerations as set forth in the "Statement of Overriding Considerations" attached as Exhibit B. = 10. 11. 12. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: The City Council hereby certifies that it has received, reviewed, evaluated and considered the information contained in the Final Environmental Impact Report for GPA/ZC P00-0291. The City Council hereby certifies the Final Environmental Impact Report for GPNZC P00-0291. The above recitals and findings incorporated herein by reference, together with the Statement of Facts as attached in Exhibit A and Statement of Overriding Considerations as attached in Exhibit B, are true and correct and constitute the Findings of the City Council in this matter. The report of the Planning Commission, including maps and all reports and papers relevant thereto, have been transmitted by the Secretary of the Planning Commission to the City Council. That all required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. That the applicant by prior written agreement shall comply with all adopted mitigation measures contained in the Final Environmental Impact Report. The City Council hereby finds the mitigation incorporated into the project avoids impacts or mitigates impacts to less than a significant level. Each of the impacts and the facts substantiating this finding are set forth in Exhibit A. Certain environmental impacts regarding air quality are considered unavoidable and cannot feasibly be mitigated to a less than significant level. Moreover, the project alternatives analyzed in the Final Environmental Impact Report would not feasibly mitigate the impacts. These impacts are discussed in Exhibit A, attached hereto and incorporated herein by this reference. Notwithstanding disclosure of these impacts and their partial mitigation, the City Council is approving the project based on the overriding considerations as set forth in the "Statement of Overriding Considerations" attached as Exhibit B. 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 provisions of Section 21152 of the Public Resources Code and Section 15094 of the CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. That the Mitigation Monitoring Plan as provided in Exhibit C is hereby adopted for GPA/ZC P00-0291. The appeal by Ryan Oliver is hereby denied. ......... 000 ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on August 22, 2001, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER ~AR~SON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCiLMEMBER ~'~%~"~ COUNCILMEMBER CITY CLERK and Ex Officio/~lerk of the Council of the City of Bakersfield APPROVED AUG 22 200! APPROVED as to form: BART THILTGEN City Atto m,~v~/ BY:: .__~_. S:\GPA 2nd Qtr 2001\P00-0291\Cert Final EIR CC Reso.wpd Riverwalk Commercial Center EXHIBIT A FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE RIVERWALK COMMERCIAL CENTER AND INTRODUCTION The California Environmental Quality Act (CEQA) Public Resources Code Section 21081, and the CEQA Guidelines Section 15091 provide that: "No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: a. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. b. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. c. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final environmental impact report." Because the Riverwalk Commercial Center project Environmental Impact Report (EIR) identified significant effects that may occur as a result of the project, and in accordance with the provisions of CEQA and CEQA Guidelines, the City of Bakersfield hereby adopts these findings as part of the approval of the Riverwalk project and related applications. The City of Bakersfield has prepared an E1R for the project in accordance with CEQA and CEQA Guideline requirements. The EIR was subject to review and approval by the Bakersfield City Council. At a public hearing held on August 22, 2001, the EIR was certified as adequate in accordance with CEQA proc~:lures. After adopting this Statement of Findings of Fact, the Bakersfield City Council can approve the Riverwalk Commercial Center project. All subsequent tract maps, grading permits, mitigation implementation, and regulatory agreements and permits will be reviewed based on the documentation in the EIR. MI~GATED ADVERSE IMPACTS The potential significant adverse impacts that would be mitigated are listed in the following sections. The Bakersfield City Council finds that these potential adverse impacts would be mitigated to a level that is considered less than significant after implementation of the project design features and recommended mitigation measures. Riverwalk Commercial Center BIOLOGICAL RESOURCES Loss of Habitat Significant Impact Implementation of the proposed project would result in the loss of 32.89 acres of threatened and endangered species habitat. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding · Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the Metropolitan Bakersfield Habitat Conservation Plan. Prior to the issuance of a grading permit, the applicant shall provide a riparian habitat replacement plan to compensate for the loss of approximately 2.4 acres of riparian habitat. The replacement plan could include the pumhase and conservation of riparian habitat, payment of a fee that is equal to the Metropolitan Bakersfield Habitat Conservation Plan fee, create additional riparian habitat, or enhance existing riparian habitat. If the applicant enhances or creates riparian habitat, each acre of riparian habitat that is removed shall be replaced (created or enhanced) with two acres of riparian habitat. Soecial Status Soecies Significant Impact Implementation of the proposed project may result in a direct take of the San Joaquin kit fox and possibly the Tipton kangaroo rat. Although not observed onsite, the presence of the San Joaquin antelope squirrel is also possible. Increased vehicle traffic, noise, pollutants, litter, trampling of vegetation, wildlife harassment, and other indirect impacts will adversely effect both plants and wildlife, and the diversity of the pwject site. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment Facts in Support of Finding Prior to the issuance of a grading permit on the 32.89-acre project site, the project applicant shall comply with all of the appropriate terms and conditions of the MBHCP, including cartain Riverwalk Commercial Center San loaquin kit fox take avoidance measures and the guidelines for preventing den entrapment. Measures to be enacted during the construction phase of the project include: a) Preconstmction surveys to be conducted to search for active kit fox dens; b) All pipes, culverts, or similar structures with a diameter of four inches or greater shall be capped to prevent the entry of the kit fox, if not capped, they will be inspected prior to burial or closure to ensure no kit foxes or other protected species become entrapped; c) Excavations shall either be conducted with escape romps or covered to prevent entrapment; d) All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site by construction personnel to minimize attracting .kit fox. Prior to the issuance of a grading permit, the applicant shall include a plan to minimize the potential construction impacts to the adjacent sensitive riparian habitat. The plan shall be reviewed and approved by the City of Bakersfield and include the following. a) During construction, the area alongside the Kern River shall be fenced off to protect it and prevent damage to vegetation, burrows, and nests from heavy construction equipment and vehicles. b) Lighting shall be shaded and directed away from habitat to protect nesting and roosting species. c) All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site by construction personnel to minimize attracting animals from the adjacent riparian river habitat. d) The project applicant shall prevent and control unplanned man-canse rues by requiring construction vehicles to carry water, shovels, and fire extinguishers. Protection mats shields, and windbreaks shall be used as appropriate for welding and grinding. Fire prevention requirements shall be enforced regarding cigarette smoking. Prior to the issuance of a grading permit, the applicant shall provide a riparian habitat replacement plan to compensate for the loss of approximately 2.4 acres of riparian habitat. The replacement plan could include the purchase and conservation of riparian habitat, payment of a fee that is equal to the Metropolitan Bakersfield Habitat Conservation Plan fee, create additional riparian habitat, or enhance existing riparian habitat, ff the applicant enhances or creates riparian habitat, each acre of riparian habitat that is removed shall be replaced (created or enhanced) with two acres of riparian habitat. Prior to the approval of a grading plan, the applicant shall submit a landscape plan for review and approval by the City of Bakersfield. The landscape plan shall include a planting screen of native riparian trees and scrubs along the northern boundary of the project site to provide a buffer between human activities and the riparian river habitat. Riverwalk Commercial Center Rantor Nest Disturbance Significant Impact Implementation of the proposed project may disturb active raptor nests. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding Prior to the issuance of a grading permit, the project applicant shall comply with the following raptor nest measures. a) If grading is proposed during the raptor nesting season (February - September), a focused su~ey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities. b) If construction is proposed to take place during the raptor nesting/breeding season (February - September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Trees containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October- January). Riverwalk Commercial Center TRAFFIC AND CIRCULATION Traffic Volumes Significant Impact The proposed project will result in the generation of 12,021 vehicle trips. This increase in project traffic will result in significant impacts to the intersection of Brimhall Road and Calloway Drive. The project will also contribute traffic impacts to other intersections and roadways. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding Prior to the issuance of building permits, the project applicant shall provide its fair share funding toward the following improvements that are listed in Appendix C of the Draft EIR. At the time of issuing building permits, the applicant's funding calculations for all improvements associated with the fee program shall be submitted to the City for review and approval. Traffic Signals Palm Ave. and Calloway Drive Ming Ave. and Scarier Oak Drive Ming Ave. and Grand Lakes Ave. White Oak Drive and Old River Road. Roadway Segments Brimhall Road Tmxtun Ave. Stockdale Highway Calloway Drive Allen Road Intersections Rosedale Highway and Calloway Drive Rosedale Highway and Coffee Road Palm Avenue and Calloway Drive Brimhall Road and Allen Road Brimhall Road and Coffee Road Brimhall Road and Calloway Drive Stockdale Highway and Gosford Road/Coffee Road White Lane and Buena Vista Road Prior to the completion of the final project phase, an additional northbound left turn lane shall Riverwalk Commercial Center be added to the intersection of Brimhall Road and Calloway Drive. AIR QUALITY ho -Term Emissions Significant Impact Construction activities are a source of dust (PM10) emissions that can have a substantial temporary impact on local air quality. Fugitive dust emissions are associated with land clearing, ground excavation, cut and fill operations, and truck travel on unpaved roads. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The construction of the proposed project would result in the generation of fugitive dust. Compliance with SJVUAPCD Regulation VIII and the City of Bakersfield air quality regulations would result in no significant fugitive dust emissions. To ensure compliance, the following measures shall be implemented. Prior to approval of a grading plan for any commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the dust suppression measures that shall be completed during construction activities to comply with SJVUAPCD Regulation VIII. In addition to compliance with Regulation VIII, the following shall be incorporated into building plans and implemented during construction activities to further reduce fugitive dust emissions associated with the project. Cover all access roads and parking areas with asphalt-concrete paving. Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. Use water sprays or chemical suppressants on all unpaved areas to control fugitive emissions. Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions. Cease grading activities during periods of high winds (greater than 20 mph over a one- hour period). Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site. All haul trucks should be covered when transporting loads of soils. Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. Riverwalk Commercial Center CULTURAL RESOURCES Archaeolo~,ical/Historical Resources Significant Impact An onsite field survey revealed an artifact. Other artifacts have been found in close proximity to the project site. Due to these findings it is likely additional prehistoric artifacts may be present below the disturbed onsite soils. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding Construction activities related to this project may encounter prehistoric artifacts. The following mitigation measures will be required for development within the boundaries of project site to minimize potential disturbance to any cultural resources that may be encountered during construction activities. · Prior to the issuance of a grading permit, grading plans shall specify that an archaeological monitor shall be present on the project site during all grading activities. If any cultural resources are unearthed during construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and recommend any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Services Department. If human remains are found as a result of earth-moving activities, all work in the area must halt and the County Coroner will be notified (Section 5097.98 of the Public Resources Code). The Coroner will determine if the remains are of forensic interest. If the coroner, with the aid of the supervising archaeologist, determines that the remains are prehistoric, he/she will contact the Native American Heritage Commission (NAHC). The NAHC will be responsible for designating the most likely descendant (MI.D), who will be responsible for the ultimate disposition of the remains, as required by Section 7050.5 of the California Health and Safety Code. The lVILD will make his/her recommendations within 24 hours of their notification by the NAHC. This recommendation may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials (Section 7050.5 of the Health and Safety Code). A preliminary report shall be prepared for the above recommendations and incorporated into a final report when the cultural resources work is completed. The final report shall be submitted to the City and the Southern Joaquin Valley AIC. 7 RiverwalkCommercial Center AESTHETICS Views Significant Impact Implementation of the proposed project would substantially alter the existing visual character of the project site. Finding Changes or alterations have been required in, or incoq~omted into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding Prior to the issuance of a building permit, building plans shall show that all structures to be located on the project site shall be limited to a height of 60 feet. Prior to the issuance of grading permits, the project applicant shall prepare landscape plans for the project area to provide visual relief from project structures. These plans shall be consistent with the plant list included in the adopted Kern River Element Plan. Significant hnpact The proposed project would introduce new sources of light and glare in the project area. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding Prior to the issuance of building permits, the project applicant shall outline specifications for outdoor lighting locations and other intensely lighted areas. The specifications shall identify minimum lighting intensity needs and design lights to be directed towards intended uses. Methods to reduce lights shall include low-intensity light fixtures and hooded shields. Prior to the issuance of a building permit the project applicant shall submit and obtain City approval of lighting plans. The lighting plans shall verify that outdoor lighting is designed so that all direct rays are confined to the site. Parking lot and security lighting shall be provided by no more than 40,000 luman lamp poles, which shall range in height from 20 to 30 feet. Shorter poles are to be located adjacent to Riverwalk Commercial Center Steckdale Highway. Average lighting levels for all parking lots will be 2.5 foot candles, with a maximum of 11 foot candles. The developer shall design exterior elevations and facades with minimum use of glazing, mirrors, and reflective materials or colors. To assure compliance with this mitigation measure the owner/developer will need to receive approval from the City's Planning Director or the Planning Commission for the selection of exterior design materials. ~IGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The potential significant adverse impacts associated with the implementation of the Riverwalk Commercial Center project are listed below. The Bakersfield City Council finds that these potential significant adverse impacts would be reduced with the implementation of the project-related design features and recommended mitigation measures; however, the impacts cannot be reduced to a level less than significant. The Bakersfield City Council is adopting a Statement of Overriding Consideration per Section 15093 of the CEQA Guidelines. Rivet'walk Commercial Center AIR QUALITY ~hort-Term Emissions Significant Impact Construction activity will also result in exhaust emissions from diesel-powered heavy equipment. Exhaust emissions from construction include emissions associated with the transport of machinery and supplies to and from the site, emissions produced onsite as the equipment is used, and emissions from trucks transporting excavated materials from the site and fill soils to the site. Examples of these emissions include CO, ROG, NOX, SOX and PM10. Finding specific economic, social, or other considerations make infeasible the mitigation measures or project alteraatives identified in the final EIR. Facts in Support of Finding Implementation of the following measures would lessen or avoid project impacts; however, the impacts would remain significant. The No ProjectfNo Development Alteraative would completely avoid the significant and unavoidable adverse air emission impacts during construction activities, but would not meet any of the project objectives. The No project/Development in Accordance with Existing General Plan Land Use Designation would include the same amount of development compared to the proposed project; therefore, air emissions generated during construction activities are expected to be the same. The Less Intense Development Alternative would result in substantially less air emissions during construction activities because only approximately 30 percent of the project's square footage would be constructed on approximately 23 less acres than the proposed project. The Less Intense Development Alteraative would result in reduced short-term air emissions; however, this alternative would not meet the objectives of the proposed project. · Prior to issuance of a grading permit, the following shall be incorporate into the grading plan. Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. Implementation of the above measures will serve to substantially, but not completely, mitigate the potential significant air quality impact during construction. The remaining unavoidable adverse impact is considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. Iff Riverwalk Commercial Center n - rm Emission Significant Impact Long-term emissions will be caused by mobile sources (vehicle emissions) and stationary source energy consumption (heating and cooling) emissions. The major long-term impact to air quality will be ROG and NOx emissions caused by motor vehicles traveling to and from the project site, and NOx emissions from stationary source energy consumption, Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of Finding Implementation of the following mitigation measures will serve to lessen project impacts; however, the impacts would remain significant. The No Project/No Development Alternative would completely avoid the significant and unavoidable adverse air quality impacts associated with long-term operational activities, but would not meet any of the project objectives. The No ProjecffDevelopment in Accordance with Existing General Plan Land Use Designations and Less Intense Development Alternative would both result in reduced long-term air quality impacts compared to the proposed project, but would not meet many of the project objectives. Prior to issuance of a building permit, transportation control measures and design features shall be incorporated into the project to reduce emissions from mobile soumes. A strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, and traffic congestion includes the following: Improve street and traffic signals for those intersections and street segments that the proposed project contributes traffic. This will be implemented by the applicant's compliance with the fair share traffic fee contribution discussed in the traffic section (Section 5.4.4). · The project applicant shall incorporate the following in building plans. Use lowoNOX emission water heaters. Provide shade trees to reduce building cooling requirements. Install energy-efficient and automated air conditioners. Exterior windows shall all be double-paned glass. Energy-efficient (low-sodium) parking lights shall be used. Provide bicycle rocks at strategic locations within the project site. Provide cross walks across Stockdale Highway at the signalized entrance into the project site. II Riverwalk Commercial Center Provide a bus turnout on Stockdale Highway along with a 15-foot by 10-foot concrete pad to serve as a passenger waiting area. This pad may support passenger amenities such as a bench or shelter. Implementation of the above measures will serve to substantially, but not completely, mitigate the potentially significant long-term air quality impacts. The remaining unavoidable adverse impacts are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. I'/ Riverwalk Commercial Center EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Bakersfield proposes to approve the Rivenvalk Commercial Center project although unavoidable adverse short-term and long-term air quality impacts have been identified in the EIR. Even though these adverse impacts are not reduced to a level considered less than significant, the Bakersfield City Council finds that those impacts are outweighed by the benefits of the Riverwalk Commercial Center project. Further, the alternatives which were identified in the EIR would not provide the project benefits, as sununarized below, to the same extent as the proposed project: The following are the development objectives of the proposed project. Provide a large-scale retail project along Stockdale Highway and west of Old River Road/Calloway Drive that would provide a broad range of goods and services that serve the western metropolitan market area. Develop the project site with at least 300,000 square feet of commercial retail uses that include shops and restaurants, a potential office building(s), and overnight lodging to support adjacent and nearby uses. Develop the project site in accordance with the permitted uses under the City of Bakersfield C-2 zoning. 4. Maintain public access to the Kern River Bike Trail. 5. Provide retail services that are not presently located in the City of Bakersfield. Design the project to compliment the existing high quality of architectural standards existing in the area. 7. Design the project to compliment the adjacent proposed City park and the Kern River. Therefore, the Bakersfield City Council, having reviewed and considered the information contained in the EIR and the public record, adopts the Statement of Overriding Considerations which has been balanced against the unavoidable adverse impacts in reaching a decision on this project. Riverwalk Commercial Center EXHIBIT RIVERWALK COMMERCIAL CENTER MITIGATION MONITORING PLAN 49 Verffieation of Complia ce Development Services Engineering (Planning and Services and Traffic Mitigation MeasUres Building) Engineering File Department comments BIOLOGICAL RESOURCES Special Status Species Planning BR-I Prior to the issuance of a grading permit, the Approved by project applicant shall pay a development fee in accordance with the Metropolitan Bakersfield Habitat Conservation Plan. on BR-2 Prior to the issuance of a grading permit on the Planning 32.89-acre project site the project applicant shall comply with all appropriate terms and conditions of Approved by the MBHCP. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation on shall be followed to prevent entrapment of kit fox in dens. Specific measures during the conslruction phase of the project shall be implemented and include the following: a) A preconstmction survey shall be conducted prior to site grading to search for active kit fox dens. b) All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. S:\GPA 2nd Qtr 2001 \P000291 \Mitigation Monitoring Ptogram. wpd 1 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN VERIFICATION OF Compliance Development Services Engineering (Planning and Serviee~ and Traffic Mitigation Measures Building) Engineering File Department comments c) Excavations shall either be constructed with escape ramps or covered to prevent entrapment. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed fi.om the site by construction personnel to minimize attracting kit fox. BR-3 Prior to the issuance of a grading permit, the Planning applicant shall include a plan to minimize the potential construction impacts to the adjacent Approved by sensitive riparian habitat. The plan shall be reviewed and approved by the City of Bakersfield and include the following, on S:\GPA 2nd Qtr 2001\P00~)291 \Mitigation Monitoring Program. wpd 2 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN VERIFICATION OI* compliance DeveLopment ] Services~, Engineering (Planning and Services and Traffic Mitigation Measures Building) Engineering File Department comments a) During construction, the area alongside the Kern River shall be fenced offto protect it and prevent damage to vegetation, burrows, and nests from heavy construction equipment and vehicles. b) Lighting shall be shaded and directed away from habitat to protect nesting and roosting species. c) All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site by construction personnel to minimize attracting animals from the adjacent riparian fiver habitat. d) The project applicant shall prevent and control unplanned man-cause fires by requiring construction vehicles to carry water, shovels, and fire extinguishers. Protection mats shields, and windbreaks shall be used as appropriate for welding and grinding. Fire prevention requirements shall be enforced regarding cigarette smoking. BR-4 Prior to the issuance of a grading permit, the Planning applicant shall provide a riparian habitat replacement plan to compensate for the loss of approximately 2.4 Approved by S:\GPA 2nd Qtr 2001 \P000291 ~Mitig~tion Monitoring Program. wpd 3 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) 'q(9., MITIGATION MONITORU'qG PLAN VERIFICATION 01' compliance Development Services Engineering (Planning and Services and Traffic Miti~ati~n Measures Building) Engineering File Department comments acres of riparian habitat. The replacement plan could include the purchase and conservation of riparian habitat, payment of a fee that is equal to the on Metropolitan Bakersfield Habitat Conservation Plan fee, create additional riparian habitat, or enhance existing riparian habitat. If the applicant enhances or creates riparian habitat, each acre of riparian habitat that is removed shall be replaced (created or enhanced) with two acres of riparian habitat. BR-5 Prior to the approval of a grading plan, the Planning applicant shall submit a landscape plan for review and approval by the City of Bakersfield. The landscape Approved by plan shall include a planting screen of native riparian trees and scrubs along the northern boundary of the project site to provide a buffer between human on activities and the fi?urian fiver habitat. I Raptor Nest Disturbance Planning Approved by BR-6 Prior to the issuance of a grading permit, the project applicant shall comply with the following raptor nest measures, on a) If grading is proposed on the 32.89-acre site during the raptor nesting season (February- September), a focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities in order to identify S:\GPA 2nd Qtr 2001 \P00029 l\Mitigttion Monitodng Progmm.wpd 4 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN VERIFICATION OF compliance Development Services Engineering (Planning and Services and Traffic Mlti~ation Measures Building) Engineering File Department comments active nests in areas potentially impacted by project implementation. b) If construction is proposed to take place on the 32.89-acre site during the raptor nesting/breeding season (February - September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Trees containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October- January). TRAFFIC AND CIRCULATION TR-I Prior to the issuance ofhailding permits, the Traffic Engineering project applicant shall provide its fair share funding toward the following and all applicable improvements Approved by listed in Appendix C of the Drat~ EIR. At the time of issuing building permits, the applicant's funding calculations for all improvements associated with the on fee program shall be submitted to the Cfiy for review and approval. · Traffic Signals Palm Ave. and Calloway Drive S:\GPA 2nd Qtr 2001 \P001)291 \Mitigation Monitoring Program.wpd 5 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN VERIFICATION OF compliance Development Services Engineering (Planning and Services and Traffic Mitil~atlon Measures Building) Engineering File Department COmments Ming Ave. and Scarlett Oak Drive Ming Ave. and Grand Lakes Ave. White Oak Drive and Old River Road. · Roadway Segments Brimhall Road Truxtun Ave. Stockdale Highway Calloway Drive Allen Road · Intersections Rosedale Highway and Calloway Drive Rosedale Highway and Coffee Road Palm Avenue and Calloway Drive Brimhall Road and Allen Road Brimhall Road and Coffee Road Brimhall Road and Calloway Drive Stockdale Highway and Gosford Road/Coffee Road White Lane and Buena Vista Road TR22 Prior to the issuance of building permits, the Traffic Engineering project applicant shall provide the City of Bakersfield with a phasing plan. The project applicant shall Approved by install the following roadway segments or intersection improvements that are not part of the Metropolitan Bakersfield Transportation Impact Fee Program. on · Prior to the Year 2010, the project applicant shall install a traffic signal and add east and south bound left lanes and west and south bound right S:\GPA 2nd Qtr 2001 \P000291 \Mitigation M onitoring Program.wpd 6 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) ~'~' MITIGATION MONITORING PLAN : VERIFICATION OF c0ml}liance Development Services Engineering (Planning and Services and Traffic Mitigation MeasUres BUilding) Engineering File Department conunents lanes at the intersection of Stockdale Highway and the Project Entrance. This improvement is not part of the City's Fee Impact Program. TR-3 Prior to the completion of the £mal project Traffic Engineering phase, an additional northbound left mm lane shall be added to the intersection of Brimhall Road and Approved by Calloway Drive. on AIR QUALITY Fugitive Dust Emissions Planning AQ-1 Prior to approval of a grading plan for any commercial project, the project applicant shall submit Approved by a letter to the City of Bakersfield Planning Department fi.om the SJVUAPCD stating the dust suppression measures that shall be completed during on construction activities to comply with SJVUAPCD Regulation VIII. S:\GPA 2nd Qtr 2001 \P000291Wlitigttion Monitoring Program.wpd 7 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN VERIFICATION OF Compliance Development Services Engineering (Planning and Services and Traffic Mitigation Measure~ Building) Engineering File l)ePartment comments AQ-2 In addition to compliance with Regulation Planning VIII, the following shall be incorporated into building plans and implemented during construction activities Approved by to further reduce fugitive dust emissions associated with the project. · Cover all access roads and parking areas with on asphalt-concrete paving. · Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. · Use water sprays or chemical suppressants on all unpaved areas to control fugitive emissions. · Enclose, cover, or water all stockpiled soils to reduce fugitive dust emissions. · Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). · Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site. · All haul trucks should be covered when transporting loads of soil. · Wash offconstmction and haul tracks to minimize the removal of mud and dirt fi.om the project sites. S:\GPA 2nd Qtr 200 IkP000291 ~IVlitig~tio~ Monitoring Pmgram.wpd 8 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) ~L~ .~ ~1 MITIGATION MONITORING PLAN VERAFicATIoN OF Compliance Development Services Engineering (Planning and Services and Traffic Mitigation MeasUres Building) Engineering File Department comments Construction Equipment Exhaust Emissions Planning AQ-3 Prior to thc issuance of a grading permit, Approved by the following shall be incorporated into the grading plan. Oil S:\GPA 2nd Qtr 200 I\P004}291 \Mitilgtion Monitoring Program.wpd 9 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN : VERIFiCATiON OF COmpliance Development Services Engineering (Planning and ServiCes and Traffic Mitil~atinn Measures Building) Engineering File Department comments · Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. · Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. · Use electric equipment for construction whenever economically and technically feasible in lieu of fossil fuel-fa'ed equipment. Additionally, prior to the issuance of the grading permit, thc grading plan shall detail methods for promoting ride sharing and encouraging the use of transit transportation for construction employees commuting to the site. To assure implementation, prior to and during grading and construction activities, the applicant/developer shall assure the City in writing, that such grading and construction activities are in compliance with the mitigation measures listed above. Written assurance shall be submitted to the City Buildin~ Director. Mobile Source Emissions Traffic Engineering AQ-4 Prior to issuance of a building permit, Approved by transportation control measures and design features S:\GPA 2nd Qtr 2001 ~P000291 ~vlitigation Monitoring Program.wpd 10 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN VERIFICATION OF Compliance Development Services Engineering (Planning and Services and Traffic Mitigation Measures Building) Engineering File Department Comments shall be incorporated into the project to reduce emissions from mobile sources. A strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, on vehicle idling, and traffic congestion includes the following: S:\GPA 2nd Qtr 2001 ~P000291 ~vlitig~tion Monitoring Prog~am.wpd 11 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) ',{.~) MITIGATION MONITORING PLAN VERIFICATION OF compliance Development I Services Engineering (Planning and Services and Traffic MitigatiOn Measures Building) Engineering File Department comments · Improve street and traffic signals for those intersections and street segments that the proposed project contributes traffic. This will be implemented by the applicant's compliance with the fair share traffic fee contribution discussed in the traffic section (Section 5.2.4) of the Draft E1R. S:\GPA 2nd Orr 2001 \P000291 \Mitigation Monitoring Program. wpd 12 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) ',3, , I MITIGATION MONITORING PLAN VERIFICATION OF Compliance Development Services Engineering (Planning and Services and Traffic Mitigation Measures Building) Engineering File Department comments Energy Consumption Emissions Building AQ-5 In accordance with the Unifom~ Building Code, Approved by the project applicant shall incorporate the following in building plans. on S:\GPA 2nd Qtr 2001 \P00~)29 l\Mitig~tion Monitoring Pmgram.wpd 13 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN VEm~iCnT~ON or compliance Development Services Engineering (Planning aad ServiCes and Traffic Mitigation MeasureS Building) Engineering File Department Comments · Use low-NOx emission water heaters. Planning · Provide shade trees to reduce building cooling requirements. Approved by · Install energy-efficient and automated air conditioners. · Exterior windows shall all be double-paned glass, on · Energy-efficient (low-sodium) parking lights shall be used. · Provide bicycle racks at strategic locations within the project site. · Provide cross walks across Stockdale Highway at the signalized entrance into the project site. · Provide a bus turnout on Stockdale Highway along with a l 5-foot by 1 O-foot concrete pad to serve as a passenger waiting area. This pad may support passenger amenities such as a bench or shelter. · AQ-6 Prior to the issuance of an occupancy permit, the project applicant shall install scrubbers for all restaurant grills on the project site. CULTURAL RESOURCES I I S:\GPA 2nd Qtr 2001 \P00~)291 \Mitigation Monitoring Program. wpd 14 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN VERIFICATION OF Coml~liance DeVelOpment Services Engineering (Planning and ServiCes and Traffic Mitigation MeaSure~ Building) Engineering File Department comments Archaeological/Historical Resources Planning CR-1 Prior to the issuance ofa ~'ading permit, Approved by grading plans shall specify that an archeological monitor shall be present on the project site during all grading activities, on S:\GPA 2nd Qtr 2001 \P000291 ~viitigttion Monitoring program.wpd 15 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN VERIFICATION OF compliance DevelOpment Services Engineering (Planning and Services and Traffic Mitigation Measures Building) Engineering FHe Departmen~ comments Paleontological Resources Planning CR-2 If any cultural resources are unearthed during Approved by construction activities, all work shall be halted in the area of the £md. A qualified archeologist shall be called in to evaluate the findings and recommend any on necessary mitigatinn measures. Proof of compliance with any recommendations resulting from such evaluation, if reqnired, shall be submitted to thc Southern San Joaquin Valley Archeological information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Sarviccs Department. CR-3 If human remains are found as a result of earth- Planning moving activities, all work in the area must halt and the County Coroner will be notified (Section 5097.98 Approved by of the Public Resources Code). The Coroner will determine if the remains are of forensic interest. If thc coroner, with the aid of the supervising on archaeologist, determines that the remains are S:\GPA 2nd Qtr 2001 \P000291 ~vlitigaion Monitoring Program.wpd 16 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN VERIFICATION OF compliance Development Services Engineering (Planning and Services and Traffic Mjfi.~atiOn Measures Building) Engineering File Department Comments prehistoric, he/she will contact the Native American Heritage Commission (NAHC). The NAHC will be responsible for designating the most likely descendant MLD), who will be responsible for the ultLmate disposition of the remains, as required by Section 7050.5 of the California Health and Safety Code. The MLD will make his/her recommendations within 24 hours of their notification by the NAHC. This recommendation may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials (Section 7050.5 of the Health and Safety Coda). CR-4 A preliminary report shall be prepared for the Planning above recommendations and incorporated into a £mal report when the cultaral resources work is completed. Approved by The f'mal report shall be submitted to the City and Southern San Joaquin Valley AIC. on AESTHETICS AE-I Prior to the issuance of a building permit, Planning building plans shall show that all structures to bc located on the project site shall be liraited to a height Approved by of 60 feet. S:\GPA 2nd Qtr 200 I\P001)291 \Mitigation Monito~ng Program.wpd 17 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN VERIFICATION OF compliance De lopment Ve serviCeS Engineering (Planning and ServiCeS and Traffic Mitil]ation Measures Building) Engineering File Department comments on AES-2 Prior to the issuance of grading peri'nits, the Planning project applicant shall prepare landscape plans for the project area to provide visual relief from project Approved by structures. These plans shall be consistent with the plant list included in the adopted Kern River Element Plan. on AES-3 Prior to the issuance of building permits, the Planning project applicant shall outline specifications for outdoor lighting locations and other intensely lighted Approved by areas. The specifications shall identify minimum lighting intensity needs and design lights to be directed towards intended uses. Methods to reduce on lights shall include low-intensity light fuctures and hooded shields. AES-4 Prior to the issuance ora building permit the Planning project applicant shall submit and obtain City approval of lighting plans. The lighting plans shall Approved by verify that outdoor lighting is designed so that all direct rays are confined to the site. on S:\GPA 2nd Qtr 2001 \P000291 \Mitigation Monitoring Program.wpd 18 Mitigation Monitoring Plan Riverwalk Commercial Center RIVERWALK COMMERCIAL CENTER (CONT.) MITIGATION MONITORING PLAN VERIFICATION OF Compliance Development Services Engineering (Planning and Services and Traffic Mitigation Measures Building) Engineering File Department comments AES-5 Parking lot and securiW lighting shall be Planning provided by no more than 40,000 lumen l~unp poles, which shall range in height from 20 to 30 feet. Approved by Shorter poles are to be located adjacent to Stockdale Highway. Average lighting levels for all parking lots will be 2.5 foot candles, with a maximum of 11 foot on candles. AES~i The developer shall design exterior Planning elevations and facades with minimum use of glazing, mirrors, and reflective materials or colors. To assure Approved by compliance with this mitigation measure the owner/developer will need to receive approval from the City's Planning Director or the planning on Commission for the selection of exterior design materials. S:\GPA 2nd Qtr 2001 \P000291 \Mitigation Monitoring Program.wpd 19 Mitigation Monitoring Plan