HomeMy WebLinkAboutRES NO 098-10
RESOLUTION NO. 098- 10
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 GENERAL PLAN AMENDMENT NO. 06-2247 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 (SACO RANCH).
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Thursday,
June 17, 2010, on the certification of the Final Environmental Impact Report (EIR) for General
Plan Amendment/Zone Change (GPA/ZC) No. 06-2247 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, McIntosh & Associates, for Bidart Bros., filed an application for a concurrent
general plan amendment and zone change for property generally located southeast and
southwest of the intersection of Coffee Road and Seventh Standard Road, as shown in
attached Exhibit A, to allow development of commercial, office commercial and industrial
development on approximately 323 acres, more specifically stated as follows:
General Plan Amendment No. 06-2247:
A request to amend the Land Use Element of the Metropolitan Bakersfield General
Plan (see Exhibit A) consisting of changing land use designations from SR (Suburban
Residential), LR (Low Density Residential), SI (Service Industrial), and LI (Light Industrial)
to GC (General Commercial) on approximately 165.96 acres; and
Concurrent Zone Change No. 06-2247:
A concurrent zone change, as shown on Exhibit A, from Kern County zoning
classifications A (Exclusive Agriculture), M-2 PD (Medium Industrial - Precise
Development) and R-1 (Low Density Residential) to City of Bakersfield classifications
C-2/PCD (Regional Commercial/Planned Commercial Development), C-O/PCD
(Professional and Administrative Office/Planned Commercial Development) and M-2
(General Manufacturing) on approximately 323.71 acres.
WHEREAS, for the above-described project, it was determined that the proposed
project may have a significant effect on the environment and, 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 RBF
Consulting to prepare the Initial Study, EIR and related documents; and
WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on October ~gAKF9
12, 2007 for a 30 day review period in accordance with CEQA; and
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ORIGINAL
WHEREAS, a public scoping hearing was held on October 24, 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 February 22, 2010
in accordance with CEQA for a 45 day review period which ended on April 12, 2010, in
accordance with Section 15087 of the State CEQA Guidelines; and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the
Draft EIR was submitted to the State Clearinghouse (SCH #2007101059) on February 22, 2010
to start the 45 day review period to end on April 12, 2010 in accordance with CEQA; and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of City of Bakersfield CEQA Implementation Procedures, held a public hearing on
Thursday, April 1, 2010 on the adequacy of the Draft Environmental Impact Report; and
WHEREAS, on June 3, 2010, the Final EIR was completed and was provided to
commenting parties and agencies; and
WHEREAS, at said public hearing held Thursday, June 17, 2010, the Planning
Commission considered 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 and
other documents prepared by the consultant relating to the project;
3. All testimony, documents and evidence presented to the City by consultants
working with the City relating to the project;
4. 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
WHEREAS, based on comments received prior to and at the June 17, 2010 Planning
Commission hearing and based on responses to those comments, the Planning Commission
recommended certification of the Final EIR; and
WHEREAS, the Planning Commission adopted Resolution No. 19-10 on June 17, 2010,
recommending certification of the Final EIR for General Plan Amendment/Zone Change No.
06- 2247 and this Council has fully considered and concurs with the findings made by the
Planning Commission as set forth in Resolution No. 19-10 and as restated herein:
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ORIGINAL
I. 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 06-2247 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
6. The Final EIR analyzed a reasonable range of alternatives 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
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 cumulative traffic 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 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 8``~AKF9~'
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nAIGINAt
WHEREAS, the Final EIR for GPA/ZC No. 06-2247 was prepared in accordance with
State CEQA Guidelines Section 15132; 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 associated errata to the Draft EIR;
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 with 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; and
3. The Final EIR includes a Statement of Overriding Considerations in
accordance with CEQA Guideline Section 15093 relative to cumulative traffic
and noise impacts, to be adopted if the project were approved; and
WHEREAS, the City of Bakersfield and the County of Kern were recently served with a
lawsuit by the local Home Builders Association of Kern County seeking, among other things,
a court determination that the Regional Transportation Impact Fee (RTIF) adopted jointly by
the City and County be declared invalid and void (RTIF Lawsuit); and
WHEREAS, the City of Bakersfield has notified the applicant, McIntosh & Associates,
representing Bidart Bros., of the following due to the RTIF Lawsuit:
1. The applicant is proceeding at its own risk; and
2. That the applicant and property owner acknowledge their duty to defend and
indemnify the City of Bakersfield as required under the Bakersfield Municipal
Code and conditions of approval if the City is challenged; and
3. That the City reserves the right, if a project is subject to a lawsuit, to request a
continuance/delay of the adjudication of such lawsuit until resolution of the RTIF
Lawsuit; and o~~3PK~9~
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WHEREAS, the City Council conducted a public hearing on August 11, 2010, to
consider the Planning Commission Resolution No. 19-10; 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-
2247.
2. The City Council hereby certifies the Final EIR for GPA/ZC No. 06-2247.
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 analysis.
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 1600 Truxtun Avenue, Bakersfield, CA 93301.
8. 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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Page 5 of 6 ORIGINAL
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 11, 2010 by
the following vote:
AYE . COUNCILMEMBER CARSON. EIR COUCH HANSON S L IVAN SCRIVNER
ES: COUNCILMEMBER afoYn
ABSTAILJ: COUN MBER
ABS NT: COUNCIL MEMBER- SjA1C~.m
ROBERTA GAFFORD, C46
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 1 1 2010
HARVEY L. HAIL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
EXHIBIT A General Plan Amendment/Zone Change/Other Location Maps
B Statement of Facts, Findings, and Mitigation Measures
C Statement of Overriding Considerations
D Mitigation Monitoring and Reporting Program
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Exhibit A
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Exhibit B
Statement of Facts, Findings, and Mitigation Measures
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• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B w K E e s F t E L o GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
EXHIBIT B
STATEMENT OF FACTS AND FINDINGS
1. INTRODUCTION
The following statement of facts and findings have been prepared in accordance with
the California Environmental Quality Act (CEQA) and Public Resources Code §21081.
State CEQA Guidelines § 15091 provides that:
"No public agency shall approve or carry out a project for which an
environmental impact report has been certified which identifies one or more
significant effects on the environment that would occur if the project is
approved or carried out unless the public agency makes one or more of the
following findings:
The following potential significant impacts of the proposed Project have been separated
into three categories:
(1) Those potential impacts that have been determined to be less than
significant, based on review of available information in the Project record,
and in consideration of existing standard development review
requirements and existing codes and regulations;
(2) Those potential impacts that could be mitigated to a level that is
considered less than significant with the implementation of the
recommended mitigation measures; and
(3) Those potential impacts that could not be reduced to a less than
significant level with the implementation of the existing policies and
standards and the recommended mitigation measures.
For potentially significant impacts (categories (2) and (3) above), the City of Bakersfield
("City") has made one of the following three findings for each potentially significant
impact and provides facts in support of each finding in accordance with State CEQA
Guidelines § 15091:
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 required in the Project to mitigate or avoid
significance environmental effects are within the responsibility and
jurisdiction of another public agency and have been, or can and should
be, adopted by that other agency.
C. Specific economic, social, or other considerations make infeasible the
mitigation measures or Project alternatives identified in the final
environmental impact report."
The Final EIR for the Saco Ranch Commercial Center Project identifies certain significant
environmental effects which may occur as a result of the Project. Therefore, findings are
set forth herein pursuant to §15091 of the State CEQA Guidelines. The Summary of pAKF
Mitigation Measures is based in part on the requirements contained in §21081.6 of the(
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JN 60-100334 1 of 89 June 2010 ngIGINAL
CITY OF BAKERSFIELD
/Saco Ranch Commercial Center
B. K E R S F[ E L D GPA/ZC No. 06-2247 /Annexation No. 608
SCH No. 2007101059
Public Resources Code (see Exhibit B). A Mitigation Monitoring Program will be adopted
as part of the Resolution.
II. PROJECT DESCRIPTION
The proposed Saco Ranch Commercial Center (GPA/ZC No. 06-2247 / Annexation No. 608)
is located immediately northwest of the City of Bakersfield corporate limits within the City's
Sphere of Influence (SOI), in an unincorporated area within the central portion of Kern
County. The proposed Project site is generally located at the southwest and southeast
corners of Coffee Road and Seventh Standard Road, respectively, approximately '/4 mile
west of State Route 99 (SR-99). The Project site consists of approximately 300.98 acres and is
located south of Seventh Standard Road; west of Union Pacific Railroad (UPRR) tracks, SR-
99, and Fruitvale Avenue; north of Snow Road; and east of Quail Creek Road.
The site is located in the northern half of the northeast quarter of Section 5 and a portion of
Section 4, Township 29 South, Range 27 East, Mount Diablo Base and Meridian (MDBM). The
proposed Project is identified by the following Kern County Assessor Parcel Numbers: 492-
030-34 and -40; 492-040-03, -05, -21, and -25; and 492-070-23. In addition, the proposed
Project is in a portion of Kern County Assessor Parcel Number 492-030-37. The site is currently
designated SR (Suburban Residential), SI (Service Industrial), LI (Light Industrial), and LR (Low
Density Residential), and is bisected from the northwest to the southeast by the Beardsley
Canal. The Canal then runs along the western Project boundary near the southern portion
of the proposed Project. The topography on site is relatively flat, with on-site elevations
ranging from approximately 406 feet above mean sea level (msl) to 447 feet above msl,
and sloping slightly from the northeast to the southwest. The proposed Project is partially
located within the Kern Front Oil Field.
The proposed Project site contains primarily vacant land that is under agricultural
production or cultivation. The annexation, GPA, and zone change would permit
development of a commercial center containing approximately 300.98 acres of retail,
commercial office, and industrial uses. The proposed net building area is approximately
3,167,996 square feet. Approximately 144 acres of land will be used for retail stores,
restaurants, and a movie theater, totaling approximately 1,459,500 square feet of
building space. Commercial office uses are proposed on approximately 30.5 acres
containing approximately 332,000 square feet of building space. Industrial uses are
proposed on approximately 126.4 acres containing approximately 1,376,496 square feet
of building space.
Access to the proposed Project will be provided along Coffee Road, an arterial; Seventh
Standard Road; an expressway; Quail Creek Road, a collector on the western boundary;
Etchart Road, a collector; Snow Road; an arterial; and Fruitvale Avenue, an arterial.
In addition, the site is bisected from the northwest to the southeast by the Beardsley
Canal, which is owned by the North Kern Water Storage District (NKWSD). Therefore,
approval from NKWSD is needed for any proposed crossings over the Canal. The Project
applicant proposes to construct a bridge over the Canal where the extension of Coffee
Road will cross the Canal.
The Project proposes a MBGP Land Use Element amendment for the Project site. The
proposed GPA would change the land use designation from SR (Suburban Residential), SI
(Service Industrial), LI (Light Industrial), and LR (Low Density Residential) to GC (General
Commercial). The proposed Project also includes a zone change for the Project site. The oQ~AKF
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JN 60-100334 2 of 89 June 2010 0RIGINAI
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A K E R S F I E L Q GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
proposed zone change would change the current zoning from A (Exclusive Agriculture),
M-2 PD (Medium Industrial-Precise Development), and R-1 (Low Density Residential) to C-
2/PCD (Regional Commercial/Planned Commercial Development), C-O/PCD
(Professional and Administrative Office/Planned Commercial Development), and M-2
(General Manufacturing).
The Project site, proposed for annexation to the City of Bakersfield, would be
recommended for annexation through a single discretionary action by the City. Prior to
development, the annexation must be approved by the Kern County Local Agency
Formation Commission (LAFCO). Although the Project applicant shall determine the
timing of the development, the site is anticipated to be developed within four distinct
phases:
• Community Retail Center on ±65.57 acres containing approximately 620,300
square feet of retail stores, restaurants, and a movie theater;
• Destination Retail on ±78.50 acres containing approximately 794,000 square feet
of retail, plus 45,200 square feet of garden sales area;
• Commercial Office on ±30.5 acres containing approximately 332,000 square feet
of office space; and
• Industrial on ±126.4 acres containing approximately 1,376,496 square feet of light
industrial.
The proposed Project is expected to begin development in late 2010, and full buildout is
expected in 2030.
Ill. FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS
The City of Bakersfield, as Lead Agency and decision-maker for the Project, has reviewed
and considered the information contained in both the Draft and Final EIRs prepared for
the Saco Ranch Commercial Center Project and the public record. The Lead Agency
makes the following finding pursuant to CEQA and the State CEQA Guidelines:
The City of Bakersfield, as Lead Agency and decision-makers, having reviewed and
considered the information contained in the Draft and Final EIRs prepared for the Saco
Ranch Commercial Center Project and public records, finds that changes or alterations
to the Project will avoid or substantially lessen potentially significant environmental
impacts. These changes or alterations are related to the implementation of the
mitigation measures detailed in this document.
The City of Bakersfield, as Lead Agency and decision-makers, finds that significant and
unmitigable impacts on Traffic and Circulation and Noise may occur with future
development in conjunction with implementation of the Saco Ranch Commercial
Center Project. This finding requires that the Lead Agency issue a "Statement of
Overriding Considerations" under §15093 and 15126(b) of the State CEQA Guidelines if
the Lead Agency wishes to proceed with approval of the Project.
IV. FINDINGS WITH RESPECT TO THE ENVIRONMENTAL REVIEW PROCESS
The City of Bakersfield, acting as Lead Agency for the environmental review of the
Project, makes the following findings with regard to the environmental review process ®AKF-
undertaken to analyze the potential environmental impacts of the Project:
JN 60-100334 3 of 89 June 2010 QRIGINA1
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A IC E R S F I E D GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
Project, makes the following findings with regard to the environmental review process
undertaken to analyze the potential environmental impacts of the Project:
1. In accordance with §10563(a) of the State CEQA Guidelines, as
amended, the City of Bakersfield undertook the preparation of an Initial
Study. The Initial Study determined that a number of environmental issue
areas may be impacted by the construction and implementation of the
Project. As a result, the Initial Study determined that the Draft EIR should
address the Project's significant impacts.
2. Pursuant to the provisions of §15082 of the State CEQA Guidelines, as
amended, the City of Bakersfield, as Lead Agency, circulated a Notice of
Preparation (NOP) to public agencies, special districts, and members of
the public requesting such notice for a 30-day period commencing on
October 15, 2007, and concluding on November 13, 2007.
3. During the circulation period for the NOP, the City of Bakersfield, as Lead
Agency, advertised and conducted a public scoping meeting on
Wednesday, October 24, 2007„ at the City of Bakersfield Development
Services Department Building, Conference Room.
4. A Draft EIR was prepared which analyzed project-related impacts related
to the following environmental issue areas: land use and relevant
planning, mineral resources, public health and safety, aesthetics, light and
glare, traffic and circulation, noise, air quality, biological resources,
cultural resources, public services and utilities, geologic and seismic
hazards, hydrology and water quality, and urban decay. Growth-
inducing impacts, project alternatives and cumulative effects were also
analyzed in the Draft EIR.
5. During the Draft EIR's public review period, which began on March 2,
2009, and concluded on April 16, 2009, the City of Bakersfield held a
noticed public hearing on March 19, 2009, regarding the Draft EIR. The
public was afforded the opportunity to orally comment on the Draft EIR at
the public hearing, and the testimony was considered by the decision-
makers. In addition, during the 45-day Draft EIR public review period, the
City's Public Works Department raised concerns regarding potential
Project-related traffic impacts, which resulted in the Project Applicant re-
evaluating the proposed Project's trip generation and trip distribution.
Therefore, further traffic concerns were studied which are addressed in
the February 2010 Revised Draft EIR. In addition, an updated Urban
Decay Study and a Market Impact Analysis were prepared in response to
the change in local economic conditions, and have been incorporated in
the February 2010 Revised Draft EIR.
The February 2010 Revised Draft EIR was prepared and circulated for
review and comment by the public, agencies, and organizations,
including the State Clearinghouse, Office of Planning and Research, from
February 23, 2010 through April 12, 2010. A hearing accepting public
testimony on the adequacy of the Revised Draft EIR was held before the ~$NKF9
City's Planning Commission on April 1, 2010, during the public reviewo
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period. Upon the close of the public review period, the Lead Agency
proceeded to evaluate and prepare responses to all written comments
received from both citizens and the public agency during the public
review period.
6. The aforementioned comments and responses and other information
consistent with the requirements of § 15132 of the State CEQA Guidelines,
as amended, comprise the Final EIR. Following completion of the
Responses to Comments document, the Lead Agency's responses to the
comments received from the public agencies were transmitted to those
public agencies for consideration at least 10 days prior to the Final EIR's
certification.
V. FINDINGS REGARDING IMPACTS DETERMINED TO BE INSIGNIFICANT IN THE INITIAL
STUDY/NOTICE OF PREPARATION
The City of Bakersfield conducted an Initial Study in October 2007, to determine
significant effects of the project. In the course of this evaluation, certain impacts of the
project were found to be less than significant due to the inability of a project of this
scope to create such impacts or the absence of project characteristics producing
effects of this type. The effects determined not to be significant are not included in
primary analysis sections of the Draft EIR.
AESTHETICS. Would the project.
a) Have a substantial adverse effect on a scenic vista?
Less Than Significant Impact. Scenic vistas are defined as expansive views of highly-
valued landscapes from publicly accessible viewpoints. Scenic vistas include views
of natural features such as topography, water courses, rock outcrops, and natural
vegetation, as well as man-made scenic structures. The Project site is relatively flat
with no significant topographic relief or features. A small number of structures are
located on the proposed Project site. A single-family residence and shop are
located in the northern portion of the proposed Project site. In addition, an office
building and a cotton gin facility are located in the northeastern portion of the
proposed Project site.
Surrounding land uses include agricultural farms, orchards, light industrial-based
industries and businesses, and single-family residences. Land to the north of the
proposed Project site consists of facilities and businesses associated with light-
industrial activities. A few single-family residences are located to the north. Union
Pacific Railroad tracks, SR-99, and Fruitvale Avenue create the eastern boundary of
the proposed Project site. Industrial and manufacturing uses are located between
SR-99 and the Union Pacific tracks. Orchards and single-family residential
development exist to the south of the proposed Project site, along with the Beardsley-
Lerdo Canal. Land to the west of the proposed Project site is primarily active
agricultural land (mostly orchards).
The proposed Project site has the potential to alter the visual landscape from
primarily agricultural land to retail, commercial office, and industrial uses; however,
the area is not regarded or designated as visually important or "scenic" in the MBGP.
Additionally, development of the proposed Project would not block or preclude,
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views to any area containing important or what would be considered visually
appealing landforms. Therefore, Project implementation would not have a
substantial adverse effect on a scenic vista.
b) Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
Less Than Significant Impact. California's Scenic Highway Program was created by
the Legislature in 1963. Its purpose is to preserve and protect scenic highway
corridors from changes that would diminish the aesthetic value of lands adjacent to
highways. According to Caltrans' California Scenic Highway Program (2007) and the
National Scenic Byways Program (2007), the proposed Project site is not in the vicinity
of a federal or state scenic highway or any roadway that is considered eligible for
designation as a scenic highway. Although there are two Eligible State Scenic
Highways in Kern County (State Route (SR) 14 north from Mojave to SR-395, and SR-
58), none are Officially Designated at this time. Additionally, the proposed Project
site is not visible from a designated local scenic highway/roadway/trail. No trees,
rock outcroppings, or historic buildings are located on-site. Therefore, impacts
associated with the discussed resources would be less than significant.
AIR QUALITY. Would the project.
e) Create objectionable odors affecting a substantial number of people?
Less Than Significant Impact. Construction activities associated with the proposed
Project may generate detectable odors from heavy-duty equipment exhaust. Odors
associated with diesel and gasoline fumes are transitory in nature and would not
create objectionable odors affecting a substantial number of people. The impacts
from these odors would be short-term, would cease upon Project completion, and
are not anticipated to be significant.
BIOLOGICAL RESOURCES. Would the project.
c) Have a substantial adverse effect on federally protected wetlands as defined by
Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal, filling, hydrological interruption, or
other means?
No Impact. No federally protected wetlands occur on-site. However, the EIR will
discuss necessary resource agency consultation requirements for the proposed
Project, as necessary.
e) Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance?
Less Than Significant Impact. No locally designated natural tree communities as
referenced in the MBGP's Conservation Element have been identified for the
proposed Project site. Impacts are anticipated to be less than significant.
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CULTURAL RESOURCES. Would the project.
cj Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature?
Less Than Significant Impact. The proposed Project site is not located in or within the
immediate vicinity of unique paleontological resource. In addition, the topography
of the site is relatively flat, and therefore construction of the proposed Project would
not destroy any unique geologic structure. Excavation is expected to occur at
shallow depths and is not expected to incorporate deep cuts within a sensitive
paleontological area. Therefore, the proposed Project is not expected to impact
paleontological or unique geologic resources.
GEOLOGY AND SOILS. Would the project.
a) Expose people or structures to potential substantial adverse effects, including the
risk of loss, injury, or death involving:
1) Rupture of a known earthquake fault, as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault? Refer to Division of Mines
and Geology Special Publication 42.
Less Than Significant Impact. The City of Bakersfield is located within a seismically
active area. According to the MBGP, major active fault systems border the southern
portion of the San Joaquin Valley, with the San Andreas Fault being the most
prominent. Other fault systems occur in the Bakersfield area and include the Garlock
Fault, White Wolf Fault, Breckenridge-Kern Canyon Fault System, Pond-Polo Creek
Fault, Sierra Nevada Fault, Big Pine Fault, Pleito Fault, Santa Ynez Fault, and the San
Gabriel Fault. The nearest fault system to the Project site is White Wolf Fault, located
southeast of the proposed site, near the communities of Mettler, Arvin, Caliente, and
Tehachapi.
Future structures proposed on the Project site are required by State law and City
ordinance to be constructed in accordance with the Uniform Building Code (seismic
zone 4, which has the most stringent seismic construction requirements in the United
States), and to adhere to all modern earthquake construction standards, including
those relating to soil characteristics. This will ensure that all seismically related hazards
remain less than significant. In addition, because of the relatively flat topography of
the Project site, landslides are not considered to be a potential significant geologic
hazard. Less than significant impacts are anticipated.
2) Strong seismic ground shaking?
Less Than Significant Impact. Refer to Response 4.6(a) (1), above.
3) Seismic-related ground failure, including liquefaction?
Less Than Significant Impact. Liquefaction potential is a combination of
unconsolidated soil type and high groundwater combined with high potential seismic
activity. According to the MBGP, the proposed Project site is not located within an
area of high groundwater. Therefore, it is anticipated that no liquefaction would b,, Z)AKk9
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encountered on the proposed Project site. Less than significant impacts are
anticipated to occur in this regard.
4) Landslides?
Less Than Significant Impact. Due to the relatively flat topography and the lack of
steep slopes on the proposed Project site, landslides are not considered to be a
potentially significant geologic hazard. Less than significant impacts are anticipated
to occur in this regard.
b) Result in substantial soil erosion or the loss of topsoil?
Less Than Significant Impact. The general soil types of the proposed Project site are
classified as belonging to the Kimberlina-Wasco-Panoche series. The Kimberlina series
consists of very deep, well-drained soils on flood plains and recent alluvial fans. These
soils formed in mixed alluvium derived dominantly from igneous and/or sedimentary
rock sources, with 0 to 9 percent slopes. The Wasco series consists of very deep, well-
drained soils on recent alluvial fans and flood plains. These soils formed in mixed
alluvium derived mainly from igneous and/or sedimentary rock sources on 0 to 5
percent slopes. The Panoche series consists of very deep, well-drained soils on
alluvial fans and flood plains. These soils formed in loamy calcareous alluvium from
sedimentary rock, with 0 to 15 percent slopes. Specifically, the proposed Project site
consists of Kimberlina fine sandy loam, 0 to 2 percent slopes, and Milham sandy loam,
0 to 2 percent slopes.
The proposed Project would be subject to the City ordinances and standards relative
to soils and geology. Standard compliance requirements include soils and grading
reports prior to issuance of building permits and adherence to applicable building
codes in accordance with the Uniform Building Code.
Future development may include clearing and grading for construction that may
expose soils to short-term wind and water erosion. Implementation of erosion control
measures as required by the City and adherence to all requirements set forth in the
National Pollutant Discharge Elimination System (NPDES) permit for construction
activities would reduce these impacts to less than significant.
c) Be located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in an on-site or off-site
landslide, lateral spreading, subsidence, liquefaction or collapse?
Less Than Significant Impact. Refer to Responses 4.6(a) (1) and 4.6(a) (3).
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building
Code (1994), creating substantial risks to life or property?
Less Than Significant Impact. Refer to Response 4.6(b), above.
e) Have soils incapable of adequately supporting the use of septic tanks or
alternative waste water disposal systems where sewers are not available for the
disposal of waste water?
Less Than Significant Impact. A single-family residence and shop are located in the
northern portion of the proposed Project site. In addition, an office building is
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located in the northeastern portion of the proposed Project site, along with a cotton o'
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gin facility. These structures could use septic tanks for sewage disposal. Any septic
tanks and associated leach fields would be removed, in compliance with local and
state regulations, during pre-construction activities. However, upon annexation to
the City, the Project site shall be served by the North of the River Sanitary District No.
1. This impact is considered less than significant.
HAZARDS AND HAZARDOUS MATERIALS. Would the project.
a) Create a significant hazard to the public or the environment through the routine
transport use, or disposal of hazardous materials?
Less Than Significant Impact. The proposed Project does not include routine
transportation, storage, use, or disposal of significant quantities of hazardous
materials, outside the scope of normal retail, commercial office, and industrial
operations. Grading and construction activities may involve the limited transport,
storage, use, or disposal of hazardous materials or demolition debris. However, these
activities would be minimal, short-term, or one-time in nature and would be subject
to federal, state, and local health and safety requirements. If hazardous materials
were present on-site, they would be subject to local, state, and federal regulations.
Based on surrounding land uses and existing regulations, the normal use, storage,
disposal and transport of hazardous materials is considered a less than significant
impact.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
Less Than Significant Impact. Currently, there are no existing or proposed schools
located within one-quarter mile of the proposed Project site; therefore, the Project is
not expected to result in any health risks to such facilities. Impacts are considered
less than significant.
f) For a project within the vicinity of a private airstrip, would the project result in a
safety hazard for people residing or working in the project area?
No Impact. The proposed Project site is not located within the vicinity of a private
airstrip; therefore, the Project would not cause a safety hazard for people working in
or visiting the Project area.
h) Expose people or structures to a significant risk of loss, injury or death involving
wildland fires, including where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
Less Than Signiricant Impact. The proposed Project site is generally located in an
agricultural setting, with a less than significant potential for wildland fires. Agricultural
fields left fallow in the vicinity of the proposed Project site could potentially catch fire
and burn; however, the risk is considered low. In addition, much of the existing
vegetation would be removed with implementation of the proposed Project, thus
reducing potential impacts in this regard.
HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge requirements? O~0AK~9~
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Less Than Significant Impact. Implementation of the proposed Project would result in
development and site runoff contributing typical roadway pollutants to existing
drainage facilities. Typical roadway-related pollutants primarily include oil, grease,
and petroleum derivatives. The Central Valley Regional Water Quality Control Board
(RWQCB) administers the National Pollution Discharge Elimination System (NPDES)
Permit requirements within the proposed Project area. All projects are obligated to
implement structural and non-structural, non-point source pollution control measures
known as Best Management Practices (BMPs) to limit urban pollutants to the
maximum extent practical. Furthermore, the implementation of a Storm Water
Pollution Prevention Plan (SWPPP) would assist in reducing short-term construction
impacts to less than significant levels.
c) Substantially alter the existing drainage pattern of the site or area, including
through the alteration of the course of stream or river, in a manner, which would
result in substantial erosion or siltation on- or off-site?
Less Than Significant Impact. The proposed development would add impervious
surfaces to the Project site and increase the amount of stormwater exiting the site. It
is anticipated that the proposed development would include the construction of on-
site sumps to reduce peak flows and additional storm drain facilities to serve the site.
Less than significant impacts on drainage facilities are expected to occur.
d) Substantially alter the existing drainage pattern of the site or area, including
through the alteration of the course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner which would result in flooding
on- or off-site?
Less Than Significant Impact. Refer to Response 4.8 (c), above.
e) Create or contribute runoff water which would exceed the capacity of existing or
planned stormwater drainage systems or provide substantial additional sources of
polluted runoff?
Less Than Significant Impact. Construction of the proposed development may result
in minor changes in the amount of runoff due to the addition of impermeable surface
area to the Project site. Surface runoff velocities, volumes, and peak flow rates would
increase as well. With BMP implementation, the anticipated development would not
have the capacity to create or contribute runoff water, which would exceed the
capacity of planned stormwater drainage systems. Less than significant impacts are
anticipated in this regard.
f) Otherwise substantially degrade water quality?
Less Than Significant Impact. The RWQCB administers the NPDES Permit requirements
within the proposed Project area. All projects are obligated to implement structural
and non-structural, non-point source pollution control measures known as BMPs to
limit urban pollutants to the maximum extent practical. Furthermore, the
implementation of a SWPPP would assist in reducing short-term construction impacts.
Compliance with the RWQCB shall minimize water quality impacts in this regard.
s
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g) Place housing within a 100-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation
map?
Less Than Significant Impact. Flood zones are geographic areas that the FEMA has
defined according to varying levels of flood risk. These zones are depicted on a
community's Flood Insurance Rate Map or Flood Hazard Boundary Map. Each zone
reflects the severity or type of flooding in the area. Based on information obtained from
the Kern County Online Mapping System, the subject property is rated Zone X. Zone X
Areas are considered "Moderate to Low Risk Areas". Less than significant impacts are
anticipated in this regard.
h) Place within a 100-year flood hazard area structures which would impede or
redirect flood flows?
Less Than Significant Impact. Refer to Response 4.8(g), above.
i) Expose people or structures to a significant risk of loss, injury or death involving
flooding, including flooding as a result of the failure of a levee or dam?
Less Than Significant Impact. Isabella Dam, which is located approximately forty
miles northeast of Bakersfield, has a capacity to hold 570,000 acre-feet of water. If
an earthquake were to occur in the vicinity, it could result in a break in the dam. This
could, under certain conditions, cause the entire lake storage to be released, which
would result in flooding 60 square miles of the Metropolitan Bakersfield area.
As a result of the possible dangers associated with Isabella Dam, the City of
Bakersfield entered the Regular Phase of the National Flood Insurance Program (NFIP)
as administered by the Federal Emergency Management Agency (FEMA) on May 1,
1985. Compliance with the NFIP and FEMA would result in less than significant
impacts.
j) Inundation by seiche, tsunami, or mudflow?
No Impact. Although the proposed Project site is bisected from the northwest to the
southeast by the Beardsley-Lerdo Canal, there are no large bodies of open water
located on or adjacent to the proposed Project site, which may result in seiche or
tsunami hazards. Hazards involving tsunamis, seiche, or mudflows are not expected
to affect the development.
LAND USE AND PLANNING. Would the project:
a) Physically divide an established community?
Less Than Significant Impact. Surrounding land uses include agricultural farms,
orchards, light industrial uses and businesses, and single-family residences. Land to
the north of the proposed Project site consists of facilities and businesses associated
with light-industrial activities. A few single-family residences are located to the north.
Union Pacific Railroad tracks, SR-99, and Fruitvale Avenue create the eastern
boundary of the proposed Project site. Industrial and manufacturing uses are
located between SR-99 and the Union Pacific tracks. Orchards and single-family gAKF
residential development exist to the south of the proposed Project site, along with the
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SCH No. 2007101059
Beardsley-Lerdo Canal. Land to the west of the proposed Project site is primarily
active agricultural land (mostly orchards). The proposed Project would not divide the
physical arrangement of a community. Therefore, impacts would be less than
significant.
c) Conflict with any applicable habitat conservation plan or natural community
conservation plan?
Less Than Significant Impact. The proposed Project site is located within the MBHCP
area. Therefore, the Project would be required to pay impact fees, which are
placed in an account and which can only be used for habitat acquisition and
management. Therefore, impacts are considered less than significant.
NOISE. Would the project result in:
f) For a project within the vicinity of a private airstrip, would the project expose
people residing or working in the project area to excessive noise levels?
No Impact. The proposed Project site is not located within the vicinity of a private
airstrip. Implementation of the Project would not expose people residing or working in
the proposed Project area to excessive noise levels.
POPULATION AND HOUSING. Would the project.,
b) Displace substantial numbers of existing housing, necessitating the construction of
replacement housing elsewhere?
Less Than Significant Impact. A single-family residence is located in the northern
portion of the proposed Project site, which is owned by the applicant. This residence
would be demolished or relocated prior to development of the proposed Project.
The applicant would be required to bear the compensation associated with the
relocation of the single-family residence. All residents being displaced are willing
sellers, and no residents would be displaced through unwilling acquisition or eminent
domain.
c) Displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere?
Less Than Significant Impact. Refer to Response 4.12(b), above.
PUBLIC SERVICES. Would the project.
a) Would the project result in substantial adverse physical impacts associated with
the provision of new or physically altered governmental facilities, need for new or
physically altered governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios,
response times or other performance objectives for any of the public services:
3) Schools?
Less Than Significant Impact. The proposed Project is located within two school
districts: the Norris Elementary and Middle School District, and the Kern County High
School District. Although the proposed Project would increase the intensity of land
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use on the proposed Project site, impacts to schools in the Project area would not be
considered substantial, as no residential uses are proposed. In addition, AB 2926 was
enacted on January 1, 1987, which requires that school districts pay a share of the
cost of school construction based on the square footage of residential, commercial
and industrial construction taking place within their districts. The law commissions
school districts to levy a Developer Impact Fee for this purpose, establishes the
maximum rate of the fees, and prohibits building permit authorities from issuing
building permits without certification from the school district that fee requirements
have been met. Following compliance with existing regulations, no significant
impacts on schools are anticipated from Project development.
4) Parks?
Less Than Significant Impact. Although the proposed Project would increase the
intensity of land uses on the proposed Project site, impacts to parks and recreational
facilities in the Project area would not be considered substantial, as no residential
uses are proposed. The proposed Project would not include recreational facilities or
require the construction or expansion of recreational facilities. This impact is
considered less than significant.
5) Other public facilities?
Less Than Significant Impact. Other public facilities are not expected to be adversely
affected by implementation of the proposed Project. Less than significant impacts
are anticipated in this regard.
RECREATION.
aj Would the project increase the use of existing neighborhood and regional parks
or other recreational facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
Less Than Significant Impact. Refer to Response 4.13(a) (4), above.
b) Does the project include recreational facilities or require the construction or
expansion of recreational facilities which might have an adverse physical effect
on the environment?
Less Than Significant Impact. Refer to Response 4.13(a) (4), above.
TRANSPORTATION/TRAFFIC. Would the project.
cj Result in a change in air traffic patterns, including either an increase in traffic
levels or a change in location that results in substantial safety risks?
Less Than Significant Impact. The proposed Project site is located within two miles of
Meadows Field (BFL) Airport. Meadows Field Airport is owned by the County of Kern
and is one of seven airports operated by the Department of Airports. BFL serves more
than 700,000 people in or near the Southern San Joaquin Valley. According to the
Kern County Airport Land Use Compatibility Plan, the proposed Project is located in
Zone C: Common Traffic Pattern. There is limited risk associated with this Zone, and
the proposed Project is not expected to change or affect air traffic patterns. Less
than significant impacts are anticipated. ~gPKF9
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d) Substantially increase hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)?
Less Than Significant Impact. The future development of the proposed Project site
would result in more vehicles, bicyclists, and pedestrians in the area. Although the
potential for additional traffic hazards may increase, the development would be
subject to the design and safety standards of the City of Bakersfield. Therefore, the
likelihood of design feature hazards or incompatible uses would be reduced to a less
than significant level.
e) Result in inadequate emergency access?
Less Than Significant Impact. The proposed Project would be subject to design
review by the City's fire and police departments to assure that adequate emergency
access is provided. In addition, the City's standard review procedures prior to
issuance of grading permits would reduce impacts to a less than significant level.
f) Result in inadequate parking capacity?
Less Than Significant Impact. Development must meet City parking standards.
Approximately 15,648 parking spaces are proposed to accommodate the
development of retail, commercial office, and industrial uses. No significant parking
impacts specific to this proposed Project have been identified.
g) Conflict with adopted policies, plans, or programs supporting alternative
transportation (e.g., bus turnouts, bicycle racks)?
Less Than Significant Impact. The proposed Project would comply with all applicable
policies, plans, and programs supporting alternative transportation, and would
provide facilities and improvements to meet all applicable requirements related to
alternative transportation. Therefore, this impact is considered less than significant.
VI. FINDINGS REGARDING EFFECTS DETERMINED TO BE INSIGNIFICANT OR LESS THAN
SIGNIFICANT
The City of Bakersfield finds that based on substantial evidence appearing in the Final
EIR, Technical Appendices, and in the administrative record, that the proposed Project
would have insignificant or less than significant impacts in the following areas.
LAND USE AND RELEVANT PLANNING
Land Use Compatibility On-site
5.1-2 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD RESULT IN THE PHASED
ELIMINATION OF OPEN SPACE AS PLANNED LAND USES ARE DEVELOPED.
Facts Supportina Findina
The phasing of the proposed Project allows agricultural activities to continue on-site. In
order for agricultural operations to continue while phases of the proposed Project are
gradually developed, adequate buffers and setbacks need to be established. At0PKF9~
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described in Section 5.2, AGRICULTURE, adherence to the Bakersfield Municipal Code
would reduce compatibility impacts to less than significant levels with the development
of physical buffers.
Future development of on-site uses will include general commercial and industrial uses.
Although the ultimate size and orientation of these uses are undefined at this time, the
proposed Project will be developed according to applicable MBGP guidelines and
Bakersfield Municipal Code development standards. Final siting will be subject to
approval by the City to ensure that long-term on-site land use compatibility impacts are
minimized to the fullest extent possible. As such, these requirements would reduce
potential compatibility impacts to less than significant levels.
Land Use Compatibility Off-Site
5.1-3 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT RESULT IN LAND
USE COMPATIBILITY IMPACTS ON SURROUNDING USES.
Facts Supporting Finding
The proposed Project would result in the conversion of up to 300.98 acres of
undeveloped land currently zoned as A (Agriculture), M-2 PD (Medium Industrial Precise
Development), and R-1 (Low Density Residential) to a commercial type environment.
The change in the existing MBGP land use designations would include the following: SR
(Suburban Residential), SI (Service Industrial), LI (Light Industrial), and LR (Low Density
Residential) to GC (General Commercial). The current MBGP land use designations for
surrounding properties are SR (Suburban Residential), SI (Service Industrial), LI (Light
Industrial), R-IA (Resource-Intensive Agriculture). Although the proposed Project would
ultimately replace approximately 300.98 acres of agricultural land with commercial uses,
the development would be consistent with the surrounding land uses, which include light
industry and businesses. The current SI and proposed GC land use designations are
consistent with properties to the north, east, and south of the proposed Project. In
addition, the proposed commercial Project can be considered compatible due to the
site's close proximity to SR-99. Concerns associated with viewshed and noise for residents
in close proximity to the proposed Project would be mitigated with design features such
as landscaping and buffering as well as strictly enforced hours of operation.
Although the proposed Project would alter current conditions on the site, the
development would be compatible in character with existing commercial/industrial uses
to the north, south, and east. Compatibility impacts would be mitigated with the
implementation of sensitive design features, including appropriate setbacks, edge
treatment concepts, and property line transitional elements, which would serve to
minimize impacts to adjacent uses. In addition, potential compatibility impacts would be
mitigated to less than significant levels with adherence to applicable design standards
set forth in Chapter 17 of the Bakersfield Municipal Code and with implementation of
required mitigation measures identified throughout this EIR document.
Relevant Planning Policies
Consistency with General Plan Policies
5.1-4 THE PROPOSED PROJECT WOULD REQUIRE AN AMENDMENT TO THE GENERAL PLAN
AND A CONCURRENT CHANGE TO THE CITY OF BAKERSFIELD MUNICIPAL CODE oQ~AKF9~n
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ZONING DESIGNATION. THIS WOULD RESULT IN THE CONVERSION OF AN
APPROXIMATELY 300.98-ACRE UNDEVELOPED PROJECT SITE TO COMMERCIAL AND
INDUSTRIAL USES. THE PROPOSED PROJECT HAS BEEN REVIEWED FOR CONSISTENCY
WITH GOALS AND POLICIES AS SET FORTH IN THE GENERAL PLAN.
Facts Supporting Finding
Overall, Project implementation would not conflict with the land use plan, goals, and
strategies of the MBGP. Page II-2 of the MBGP states that new development on the
periphery of urban Bakersfield is to be focused in ten new mixed-use activity centers
located in the southwest, northwest, and northeast. The MBGP also states, "The two
northwest centers will contain retail commercial, light industrial, moderate and high
density residential, and will be surrounded by low and estate residential densities". An in-
depth analysis of the northwest center is warranted because of its growth potential and
its related impacts, including impacts to scenic resources and open space. This EIR meets
the intent of this MBGP recommendation for the northwestern area.
The analysis contained in Table 5.1-1, CONSISTENCY ANALYSIS WITH METROPOLITAN
BAKERSFIELD GENERAL PLAN GOALS AND POLICIES, concludes that there would be no
significant consistency impacts of the proposed Project associated with the MBGP goals
and policies. Less than significant impacts are anticipated in this regard.
Consistency with Regional Plans
5.1-5 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD BE CONSISTENT WITH
AREA-WIDE ENVIRONMENTAL PLANS AND POLICIES.
Facts Supporting Finding
The proposed Project was reviewed and determined to be consistent with the following
regional plans: Kern County Airport Land Use Compatibility Plan, Air Quality Attainment
Plan, Metropolitan Bakersfield General Plan Bikeway Master Plan, Regional Transportation
Plan, Solid Waste Management Plan, Metropolitan Bakersfield Habitat Conservation Plan,
and Hazardous Waste Management Plan.
Cumulative Impacts
5.1-6 THE PROPOSED PROJECT, COMBINED WITH OTHER FUTURE DEVELOPMENT,
WOULD NOT INCREASE THE INTENSITY OF LAND USES IN THE AREA.
Facts Supporting Findings
The anticipated Project impacts, in conjunction with cumulative development in the site
vicinity, would increase urbanization and result in the loss of open space in the local
vicinity. Potential land use impacts are site-specific and require evaluation on a case-by-
case basis. This is true with regard to land use compatibility impacts, which are generally
a function of the relationship between the interactive effects of a specific development
site and those of its immediate environment. In that development within the northwestern
planning area is anticipated to occur in accordance with the MBGP and attendant
zoning classifications, potential cumulative effects upon land use and planning are not
anticipated to be significant.
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AGRICULATURAL RESOURCES
Conversion of Land Under Williamson Act Contract
5.2-2 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT REQUIRE THE
CANCELLATION OF AN EXISTING WILLIAMSON ACT CONTRACT.
Facts Supoorting Findings
None of the subject property is under a Williamson Land Use Contract or within an
agricultural preserve. No impact would occur in this regard.
Conflicts between Proposed Urban Uses and Agricultural Activities
5.2-3 AS PHASES OF THE PROPOSED PROJECT ARE DEVELOPED, FUTURE
RETAILERS/VISITORS MAY BE IMPACTED BY ADJACENT FARMING ACTIVITIES,
WHICH MAY INCLUDE NOISE ASSOCIATED WITH HARVESTING, BLOWING DUST
AND PESTICIDE APPLICATIONS.
Facts Supporting Findings
Development phasing, which accommodates the market demands as well as the
existing crop cultivation and harvest scheduling, would allow the continued use of prime
agricultural land on the proposed Project site until buildout of the proposed Project site
occurs. The construction of commercial and industrial sites is also regulated by local and
State development standards, which include buffer and setbacks from adjacent
agricultural operations pursuant to adopted policies set forth by the City of Bakersfield.
17.08.150 (a) of the Bakersfield Municipal Code requires that residential structures be
set back a minimum of 50 feet from agricultural zones).
Phasing of development within the boundaries of the proposed Project site would not
eliminate the use of pesticides on adjacent agricultural lands, should they remain in
agricultural production. When pesticides are used, the application is required by law to
be confined to the target and to avoid contamination of nontargeted property
(California Food and Agricultural Code § 11501, 3 CCR 600, 6614). The Kern County
Agricultural Commission enforces these pesticide control laws by issuing permits and
responding to allegations of exposure to fugitive pesticides and resulting injuries. If a
violation is found, the Agricultural Commissioner can cite the violator, levy a civil penalty,
or revoke a pesticide use permit.
Cumulative Impacts
5.2-4 DEVELOPMENT OF THE PROPOSED PROJECT, AS WELL AS BUILDOUT IN
ACCORDANCE WITH THE CITY'S GENERAL PLAN, MAY RESULT IN THE CUMULATIVE
LOSS OF FARMLAND.
Facts Supporting Findings
It is assumed that future development in the MBGP Planning Area would continue to
include "prime" agricultural soils that exist on the Valley floor. This loss has not limited itself
to the City of Bakersfield and Kern County but has become an issue of statewide AK
concern. The MBGP concludes that conversion of prime agricultural lands to urban uses o~0 F9~
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will result in a reduction of the regional agricultural economy and is considered to be a
significant adverse impact. A statement of overriding considerations for this impact was
adopted when the MBGP was certified.
The Metropolitan Bakersfield General Plan EIR also acknowledges that some of the
agricultural lands within the Metropolitan Bakersfield Planning area will be lost to future
development. The Farmland Conversion Study concluded that the proposed Project
would not result in pressures to develop neighboring agricultural lands and is considered
appropriate for the conversion as proposed. Given the site's location within the City's SOI
(which is considered the ultimate urban boundary for buildout of the City), the proposed
Project would not result in greater impacts on agricultural lands than previously identified
in the Metropolitan Bakersfield General Plan EIR. In addition, with implementation of
Mitigation Measure 5.2-1, above, the cumulative impact resulting from the conversion of
farmland to non-agricultural uses is not considered significant, as the proposed Project
would be required to mitigate the loss of agricultural land at a ratio of 1:1 for net
acreage before conversion.
PUBLIC HEALTH AND SAFETY
Agricultural Use of Property/Adjacent Properties
5.3-4 AGRICULTURAL USES WITHIN THE DEVELOPMENT AREA MAY CREATE HUMAN
HEALTH EFFECTS, PARTICULARLY DURING PESTICIDE APPLICATION OPERATIONS.
Facts Supporting Findings
The potential impact of the continued use of agricultural chemicals within the Project
vicinity would be reduced to less than significant levels 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. These buffers and barriers can be open space,
roadways, utility corridors, canals, easements, six-foot-high masonry walls, fences, or
landscape setbacks.
Bidart Bros. Potato Packing House / Halliburton Energy Services
5.3-6 OFF-SITE HAZARDOUS MATERIAL RELEASE OF CHLORINE GAS FROM THE BIDART
BROS. POTATO PACKING HOUSE AND/OR HYDROFLUORIC ACID FROM THE
HALLIBURTON ENERGY SERVICES MAY ADVERSELY AFFECT PUBLIC HEALTH IN THE
SURROUNDING AREA.
Facts Supporting Findings
Based on EPA's screening model RMP*Comp, the Kern County Environmental Health
Services Department approved RMP indicates that the toxic gas release endpoint from a
worst-case release of chlorine from the Bidart Bros. Potato Packing House would impact
the proposed Project. The other alternate release scenario identified in the Kern County
Environmental Health Services Department approved RMP is based on a vessel leak. A
release of 15 pounds per minute was utilized (and is considered conservative). The RMP
modeling assumed that the leak would be repaired within 60 minutes. EPA's suggested
alternative release scenario parameters of 3.0 meters/second wind speed
and D atmospheric stability were utilized to predict the distance to the toxic endpoint 0kgAK~c,9J~
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associated with this release rate. The RMP*Comp model estimated that the chlorine gas
cloud would travel 0.1 miles before it dispersed to a level below the three parts per
million toxic endpoint concentration. As stated above, the distance from the
southernmost portion of the Bidart Bros. Potato Packing House and the proposed Project
is approximately 700 feet, or 0.13 miles. Therefore, the toxic gas release endpoint from
the alternative-case release of chlorine would not impact the proposed Project.
Characteristics of the Pad Acid, mixing tank, and secondary containment area at the
Halliburton Energy Facility was input into the Areal Locations of Hazardous Atmospheres
(ALOHA) modeling program to estimate the downwind impacts for a hydrofluoric (HF)
acid release. The release scenario assumes the HF-containing Pad Acid spills from the
tank into a containment berm and sustains a release rate of 0.112 pounds per minute for
60 minutes, during a period of calm winds and stagnant atmospheric conditions (1.5
meters/second wind speed and F atmospheric stability). Rural surface roughness
conditions were utilized to account for the relatively open land in the vicinity of the
facility. The minimum concentration of HF that the ALOHA model will accept is 37
percent, or roughly ten times more than the actual concentration. Given these
parameters, the distance to the toxic endpoint is 0.08 miles or approximately 425 feet.
This is based on a toxic endpoint for HF of 20 parts per million. The distance from the
southernmost portion Halliburton acid mixing pad to the proposed Project is
approximately 435 feet. Therefore, the toxic gas release endpoint from the worst-case
release of HF would not impact the proposed Project.
The alternative release scenario indicates that the toxic gas release endpoint from a
release of chlorine would not impact the proposed Project; however, the predicted
worst-case release scenario has the potential to impact the proposed Project site.
Mitigation measures are recommended in the Hazard Analysis (refer to Appendix 15.3)
that would minimize potential off-site consequences of a hazardous material release
from adjacent operations. Compliance with these mitigation measures in the approved
Risk Management Program (RMP) is administered by the Kern County Environmental
Health Services Department (KCHSD), which is the designated Cal-EPA Certified Uniform
Agency (CUPA) under Environmental Protection Agency's (EPA) Risk Management
Program (RMP) rule, and the California Accidental Release Prevention Program
(CaIARP). Therefore, impacts are less than significant in this regard.
Emergency Response/Evacuation Plan
5.3-7 THE PROPOSED PROJECT WOULD NOT IMPAIR IMPLEMENTATION OF OR
PHYSICALLY INTERFERE WITH AN ADOPTED EMERGENCY RESPONSE PLAN OR
EMERGENCY EVACUATION PLAN.
Facts Supporting Findings
The proposed Project would ultimately result in the construction of commercial and
industrial buildings. Adopted emergency response plans or emergency evacuation plans
will not be impaired by the implementation of the proposed Project. The Bakersfield
Municipal Code requires traffic control measures to be implemented to ensure that
construction does not interfere with any emergency response or evacuation plans. In
addition, all access will conform to fire standards. Impacts are considered less than
significant.
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Long-Term Maintenance and Operation
5.3-8 PROJECT IMPLEMENTATION WOULD NOT CREATE A SIGNIFICANT HAZARD TO THE
PUBLIC OR THE ENVIRONMENT THROUGH THE ROUTINE TRANSPORT, USE, OR
DISPOSAL OF HAZARDOUS MATERIALS.
Facts Supporting Findings
Given the location of the proposed Project within a newly developing area surrounded
by agricultural, residential, and open space uses, Project implementation would not
promote the transport of hazardous materials within the Project area.
Delivery trucks often haul "household" chemicals (those commonly found in grocery
stores and/or commercial uses). Although Seventh Standard Road and Coffee Road are
not specifically identified as truck routes within the Circulation Element of the MBGP, the
potential exists for the incidental transport of materials and chemicals along those
roadways that meet the definition of "hazardous." While the risk of exposure to
hazardous materials cannot be fully eliminated, measures can be implemented to
maintain risks at acceptable levels. As described above, several Federal, State, and local
regulatory agencies oversee hazardous materials transportation. Oversight by the
appropriate agencies and compliance with applicable regulations are considered
adequate to offset the negative effects related to the incidental transport of hazardous
materials within the Project area.
5.3-9 PROJECT IMPLEMENTATION WOULD NOT CREATE A SIGNIFICANT HAZARD TO THE
PUBLIC OR THE ENVIRONMENT THROUGH THE LONG-TERM USE OF HAZARDOUS
SUBSTANCES FOR THE PURPOSE OF LONG-TERM MAINTENANCE.
Facts Supporting Findings
Commercial and light industrial uses may result in increased risks from hazardous
materials. Commercial and light industrial uses may allow the installations of
aboveground and underground storage tanks associated with typical gas stations, dry
cleaners, charbroilers, and backup generators, etc.. These uses could potentially result in
environmental impacts from hazardous materials and/or substances. However, various
government entities require permits for the abovementioned concerns. These various
permits require controls that will reduce the potential impacts to a less than significant
level. Additionally, with proper use and disposal, these chemicals are not expected to
result in hazardous or unhealthful conditions for nearby residents or maintenance workers.
Future on-site uses would be required to comply with all applicable local, State and
Federal regulations and policies regarding hazardous materials. Less than significant
impacts are anticipated in this regard.
Vector Control
5.3-8 THE PROJECT MAY PROVIDE AREAS OF STANDING WATER WHICH WOULD RESULT IN
THE PRESENCE OF VECTORS, SUCH AS MOSQUITOS, AND REQUIRE VECTOR
CONTOL.
Facts Supporting Findings
During construction and operation of the proposed Project, there would be the potential
that depressed areas could fill with water during precipitation events. This standing water ~gP,K~c9
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would provide an environment to produce vectors, such as mosquitoes. The Kern
Mosquito and Vector Control District controls mosquito populations in accordance with
the time of year, the extent of previous mosquito control activities, the current level of
mosquito activity, weather conditions, and surveillance results. The proposed Project site
would be subject to periodic inspection by the Kern Mosquito and Vector Control District.
Treatment for control (if deemed necessary) would be applied by ground or aerial
spraying. Inspection and treatment control would be identical whether urban
development occurs or agricultural operations continue on the proposed Project site. In
addition, the Kern Mosquito and Vector Control District does not require state or local
agency approval to use mosquito abatement. Public Health and Safety Standards
would remain in effect. Because of the on-going inspections and treatment, the
proposed Project would have a less than significant impact on vectors within the area.
Cumulative Impacts
5.3-14 THE PROPOSED PROJECT, IN COMBINATION WITH OTHER CUMULATIVE PROJECTS,
COULD INCREASE PUBLIC EXPOSURE OF HAZARDOUS SUBSTANCES.
Facts Supporting Findings
As development occurs within Metropolitan Bakersfield and fringe areas where there are
industrial uses, the potential for an accidental release of hazardous substances could
potentially increase. Impacts related to hazardous materials and hazardous substances
are considered site-specific and are generally mitigated to less than significant levels on
a project-by-project basis through compliance with requisite Hazardous Waste
Management Plans required by Kern County for industrial uses.
In the case of the proposed Project, according to the Hazard Analysis (refer to Appendix
15.3), the alternative release scenario indicates that the toxic gas release endpoint from
a release of chlorine from the Bidart Bros. Potato Packing House would not impact the
proposed Project; however, the predicted worst-case release scenario has the potential
to impact the proposed Project site. Mitigation measures are recommended in the
Hazard Analysis that would minimize potential off-site consequences of a hazardous
material release from adjacent operations. Compliance with the applicable Federal,
and State regulations, which includes safety standards, would minimize the potential
cumulatively considerable impacts. In addition, compliance with local regulations would
ensure that Hazardous Waste Management Plans are prepared and on file at the
County. This ensures 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.
AESTHETICS, LIGHT, AND GLARE
Impacts to Scenic Vistas
5.4-2 PROJECT DEVELOPMENT WOULD NOT IMPACT THE AESTHETIC VALUE OF THE
BEARDSLEY CANAL.
Facts Supporting Findings
The Beardsley Canal is present on the Project site. According to the Metropolitan 'Z)PKF9
Bakersfield General Plan OR, canals may have aesthetic value for potential open space
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and/or recreational facilities, and therefore may constitute a scenic vista. However, the
Beardsley Canal is owned by the North Kern Water Storage District, which will not allow
any activity or landscaping within their easement. Portions of the Canal are currently
fenced with no access, as will the portions of the Canal which run through the proposed
Project site. Impacts are less than significant in this regard.
Visual Blight
5.4-6 THE PROPOSED PROJECT WOULD NOT CREATE VISUAL BLIGHT RESULTING IN A
PHYSICAL CHANGE TO THE ENVIRONMENT FROM PROJECT INDUCED
COMMERCIAL RETAIL STORE CLOSURES.
Facts Supoortina Findings
Based on the Urban Decay Study, the proposed Project would result in a net increase of
1.068 million square feet of General Merchandise, Apparel, Furniture/Appliances Sales
and Other/Specialty categories (GAFO) retail space. Residual market support for GAFO
retail space in the PMA in 2025 is projected to be approximately 1.1 million square feet.
Thus, all of the proposed Project's retail space (1.068 million square feet) would be fully
supportable by 2025. For purposes of this analysis, it has been assumed that the planned
GAFO retail development would follow the growth in retail demand (i.e., retail buildout of
the GAFO space in 2025). This development phasing timeline is consistent with industry
custom, that developers are rational, and that retail sites are typically developed only if
and when demand dictates. Based on this assumption, it is unlikely that the GAFO retail
components of the proposed Project would result in economic impacts to existing stores
in the SRTA; therefore, it is unlikely that any existing retail stores will be forced to close due
to the proposed Project.
The proposed Project would potentially result in a net increase of approximately 40,000
square feet of grocery space. Residual market support for grocery space in 2009 is
already above this total, indicating that the proposed Project's grocery space would be
fully supportable if it were built in 2010 (the earliest development start date). Thus, it is
unlikely that the potential grocery component of the proposed Project would result in
economic impacts to existing grocery stores in the SRTA, and that it is therefore unlikely
that any existing grocery stores will be forced to close due to the proposed Project.
The proposed Project would potentially result in a net increase of approximately 185,200
square feet of Building Materials/Hardware space. Residual market support for Building
Materials/Hardware space in 2011 would be sufficient to support this total, indicating that
the proposed Project's home improvement store space would be fully supportable if it
were built in 2011 (one year after earliest development start date). Thus, it is unlikely that
the potential home improvement component of the proposed Project would result in
economic impacts to existing home improvement stores in the SRTA, and that it is
therefore unlikely that any existing home improvement stores will be forced to close due
to the proposed Project.
The proposed Project would result in a net increase of 121,200 square feet of restaurant
space. Residual market support for restaurant space in the PMA in 2016 is projected to
be approximately 123,400 square feet. Thus, all of the proposed Project's restaurant
space (121,200 square feet) would be fully supportable by 2016. For purposes of this
analysis, it has been assumed that the planned restaurant development would follow the
growth in retail demand (i.e., retail buildout of the restaurant space in 2016). Based oO ,Z P Kk9q
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this assumption, it is unlikely that the restaurant components of the proposed Project
would result in economic impacts to existing restaurants in the trade area, and that it is
therefore unlikely that any existing restaurants will be forced to close due to the
proposed Project.
Based on these findings, it is unlikely that the retail components of the proposed Project
would result in economic impacts to existing stores in the Saco Ranch Trade Area;
therefore, it is unlikely that any existing retail stores will be forced to close due to the
Project.
Cumulative Impacts
5.4-7 PROJECT DEVELOPMENT, TOGETHER WITH CUMULATIVE PROJECTS, MAY RESULT
IN GREATER URBANIZATION AND THE LOSS OF VIEWS OF UNDEVELOPED AREAS IN
THE NORTHWESTERN PORTION OF THE CITY OF BAKERSFIELD.
Facts Supporting Findings
The proposed Project is bordered on three sides with industrial or light industrial uses. In
addition, there are no scenic vistas, scenic highways, or other scenic or historic resources
in the Project area. Implementation of Mitigation Measures 5.4-1 and 5.4-3 would reduce
short-term (construction) and long-term visual impacts from the degradation of
character/quality. With implementation of Mitigation Measure 5.4-4, cumulatively
considerable impacts associated with increased light and glare would be reduced to a
to less than significant level. Therefore, implementation of the proposed Project would
result in less than significant cumulative impacts related to visual resources, light, and
glare.
TRAFFIC AND CIRCULATION
Parking
5.5-5 IMPLEMENTATION OF THE PROPOSED PROJECT MAY RESULT IN INADEQUATE
PARKING CAPACITY.
Facts Supporting Findings
The proposed Project would include approximately 12,381 parking spaces to
accommodate the development of retail, commercial office, and industrial uses. Based
on the City's parking requirements, the proposed Project (west of Coffee Road) would
be required to provide approximately 2,020 parking spaces for the community retail, 675
parking spaces for the theater, and 721 spaces for the restaurant. The proposed Project
(east of Coffee Road) would be required to provide approximately 3,174 parking spaces
for the destination retail, 11 spaces for the garden center, and 122 spaces for the
restaurant. Additionally, approximately 1,343 parking spaces for the 332,000 square feet
of professional and administrative office, and 3,420 parking spaces for the 1,376,496
square feet of general manufacturing would be required. This equates to a total of
11,486 parking spaces.
The proposed Project would provide 858 parking spaces beyond the minimum
requirements of the proposed Project. In addition, any changes to the proposed Project c
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would be required to meet the City standards. No significant parking impacts specific to
this proposed Project have been identified.
NOISE
Off-Site Mobile Source Impacts
5.6-2 PROJECT IMPLEMENTATION WOULD GENERATE ADDITIONAL VEHICULAR TRAVEL
ON THE SURROUNDING ROADWAY NETWORK, THEREBY RESULTING IN PERMANENT
NOISE LEVEL INCREASES.
Facts Supporting Findings
Since the "2030 No Project" noise levels for the segments along Etchart Road from
Coffee Road to Project Entrance #8, and Coffee Road from Seventh Standard Road to
Project Entrance #6, from Project Entrance #6 to Project Entrance #7, and from Project
Entrance #7 to Etchart Road are below 65 dBA, a noise level increase of 3 dBA or more is
considered significant. Since the "2030 No Project" noise levels for the roadway segment
along Coffee Road from Etchart Road to Snow Road, and along Etchart Road from
Project Entrance #8 to Project Entrance #9 would be below 60 dBA, a noise level
increase of 5 dBA or more is considered a significant impact on noise levels along this
roadway. These eight roadway segments would exceed established thresholds. Similar
to the "2015 With Project" scenario, these roadway segments are located adjacent to
undeveloped land, or commercial and industrial land uses with implementation of the
project. These segments are not adjacent to existing residential uses; therefore, noise
impacts would be less than significant. Additionally, if future residential uses locate
adjacent to these eight roadway segments, the development would be subject to
Section 16.28.170.1 of the Bakersfield Municipal Code (or the Kern County Land Division
Ordinance if within County land), which requires residential lots having side yards
adjacent to collector or arterial streets to install a six foot masonry wall with landscaping.
Implementation of masonry walls would reduce noise levels below the City standard of
65 dBA.
On-Site Mobile Source Impacts
5.6-3 PROJECT IMPLEMENTATION WOULD GENERATE ADDITIONAL VEHICULAR TRAVEL
ON THE ROADWAY NETWORK, THEREBY RESULTING IN PERMANENT NOISE LEVEL
INCREASES.
Facts Supporting Findings
As indicated in the Environmental Noise Assessment (refer to Appendix 15.5), the Year
2030 65-dBA-CNEL contour would extend approximately 100 feet from the surrounding
roadway centerlines. Quail Creek Road between Seventh Standard Road and Etchart
Road would be constructed as part of the proposed Project. In this case, future (2030)
traffic noise exposure at the closest existing homes would be approximately 52 dBA. This
level is below the existing measured ambient noise level of 55 dBA, and would not
contribute significantly to the overall noise environment in the area. A less than
significant impact would occur in this regard.
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Meadows Field Airport Noise Compatibility
5.6-5 THE PROPOSED PROJECT MAY EXPOSE PEOPLE TO EXCESSIVE NOISE LEVELS.
Facts Supportina Findings
The compatibility of existing and planned land uses in the vicinity of an airport is usually
associated with the extent of the airport's noise impacts. The proposed Project is located
within two miles of Meadows Field Airport (BFL); therefore, noise impacts may occur.
Typically, significant impacts will occur over noise-sensitive areas within the 65
Community Noise Equivalent Level (CNEL) noise contour. According to the Kern County
Airport Land Use Compatibility Plan, the proposed Project is not located within any CNEL
noise contours. Therefore, noise generated from airport activities would not exceed City
of Bakersfield noise standards, nor would it expose people working or visiting the Project
area to excessive noise levels. Impacts are less than significant in this regard.
AIR QUALITY
Visibility Impacts
5.7-3 LONG-TERM VISIBILITY IMPACTS WOULD NOT OCCUR AS A RESULT OF PROJECT
IMPLEMENTATION.
Facts Supporting Findings
A Level 1 screening analysis of the visibility impacts was conducted using the default
VISCREEN settings. In accordance with EPA VISCREEN guidance, primary N02 was
assumed to be zero, while PMio emissions from diesel combustion sources were assumed
to be particulate. The emission rates used in the VISCREEN model are based on the area
source emissions. The indirect source operational emissions will not occur onsite and
therefore cannot contribute to a visible plume originating from the site. Since the sources
onsite would be spread out and would not contribute to a single plume, like the one
being considered in the model, the analysis is considered conservative.
Based on the VISCREEN results, the proposed Project would not exceed the standards for
visibility at sensitive receptors within 100 kilometers. Visibility was evaluated in proximity to
the proposed Project in accordance with the California visibility standard. Impacts are
considered less than significant.
Air Quality Conformity Analysis
5.7-4 THE PROJECT WOULD NOT BE INCONSISTENT WITH THE AIR QUALITY ATTAINMENT
PLAN (AQAP) CRITERIA.
Facts Supporting Findings
In accordance with GAMAQI thresholds, stationary sources are projected to be
cumulatively significant and unavoidable for PM,o when analyzed using the 2006 PM1o
Plan for the Basin. Given the full mitigation of the proposed Projects' emissions of PM1o,
the Project will enhance the trends in the progress toward attainment defined by the
2006 PMio Plan projection. Cumulatively, there is a less than significant impact for PM1o
from the proposed Project as analyzed in the context of the Triennial Plan.
OPKF
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- Saco Ranch Commercial Center
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SCH No. 2007101059
BIOLOGICAL RESOURCES
Sensitive Communities and Habitat Types
5.8-2 IMPLEMENTATION OF THE PROPOSED PROJECT MAY IMPACT SENSITIVE
COMMUNITIES AND HABITAT TYPES.
Facts Swportin Findings
No sensitive habitat types were observed within the proposed Project site at the time of
the biological field surveys (March 13 and March 15, 2007). As previously mentioned,
although the agricultural sumps contained a few wetland-indicative plant species,
regular maintenance activities and clearing preclude consideration as a sensitive
vegetative community. The unlined irrigation ditches within the proposed Project do not
provide sensitive habitat due to regular maintenance activities and infrequency of
inundation. Other than these sites, potential wetland, riparian, or other aquatic habitat
was not identified within the proposed Project site.
Special-Status Plants
5.8-3 IMPLEMENTATION OF THE PROPOSED PROJECT MAY IMPACT SPECIAL-STATUS PLANT
SPECIES.
Facts Supportina Findings
No special-status plant species were observed during the botanical surveys that were
conducted on the proposed Project site on March 13 and March 15, 2007. The proposed
Project site is degraded from historic and ongoing agricultural activities. The CNDDB
(2007) reports documented occurrences of San Joaquin woolly threads along Seventh
Standard Road, at the northern boundary of the proposed Project; however, these
occurrences are believed to be eradicated due to ongoing road maintenance and
other anthropogenic activities. No evidence of the species was observed during the
biological surveys conducted during the appropriate blooming period.
Migration Corridors
5.8-6 THE PROPOSED PROJECT MAY INTERFERE WITH THE MOVEMENT OF WILDLIFE
SPECIES.
Facts Supporting Findings
Due to the disturbed nature of the entire proposed Project site, no wildlife migration
corridors or travel corridors were identified within or in association with the site. Impacts
are less than significant.
Cumulative Impacts
5.8-8 THE PROPOSED PROJECT WOULD NOT RESULT IN THE CUMULATIVE LOSS OF
BIOLOGICAL RESOURCES WITHIN THE CITY.
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• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
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SCH No. 2007101059
Facts Supporting Findings
The City of Bakersfield is expanding rapidly with new residential and associated
commercial development being constructed. Cumulative development within the
northwestern portion of Bakersfield would have the potential to adversely affect area
biological resources. Regional loss of native areas is a significant issue. However, no
unavoidable significant impacts related to biological resources have been identified
following implementation of required mitigation measures and compliance with the
MBHCP. Incorporation of the mitigation measures discussed above would reduce
impacts of the Project to less than significant levels with regards to biological resources.
The Bakersfield area is subject to the provisions of the MBHCP; thus, cumulative impacts
have been addressed and considered mitigable to less than significant levels.
CULTURAL RESOURCES
Cumulative Impacts
5.9-2 CUMULATIVE DEVELOPMENT WOULD NOT ADVERSELY AFFECT CULTURAL
RESOURCES. RESOURCES ARE EVALUATED AND MITIGATED ON A PROJECT-BY-
PROJECT BASIS.
Facts Supporting Findings
Potential impacts would be site-specific and potential impacts would be evaluated on a
project-by-project basis. Each incremental development would be required to comply
with all applicable State, Federal, and City regulations concerning preservation, salvage,
or handling of cultural resources. In consideration of these regulations, potential
cumulative impacts on cultural resources would not be considered significant.
PUBLIC SERVICES AND UTILITIES
Parks and Recreation
5.10-4 DEVELOPMENT OF THE PROJECT SITE MAY CREATE ADDITIONAL DEMAND ON
PARKS AND RECREATION FACILITIES.
Facts Supporting Findinas
According to the City of Bakersfield Recreation and Parks Department, no proposed
facilities are planned for future development and no impacts associated with the
proposed Project are anticipated. The proposed Project includes commercial uses and
would not directly result in a demand for park facilities. The demand for park facilities is
based on the residential population within the City. Since the proposed Project does not
include housing, the proposed Project would not result in a direct demand for park
facilities.
Sewer Services
5.10-6 IMPLEMENTATION OF THE PROPOSED PROJECT MAY RESULT IN THE INCREASE IN
DEMAND OR EXPANSION OF SEWER SERVICES.
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SCH No. 2007101059
Facts Supporting Findings
The proposed Project would be serviced by the North of River Sanitary District. Once the
proposed Project is annexed into the District's service area, new sewer lines will be
required to serve the Project. Possible sewer connection points could be: 1) a 12-inch
line on Coffee Road at Date Palm, and/or 2) a 10-inch line on Snow Road at Quail Creek
Road.
Public facility improvements from the proposed Project and eventual build-up of this
area will result in an increase in maintenance responsibility for the District. The proposed
Project is required to provide improvements, such as sewer and drainage facilities, in
accordance with Bakersfield Municipal Code § 16.32.060 and Chapter 3.12,
Development Improvement Standards and Specifications. This potential increase in
maintaining services would be paid for by property tax revenues generated by the
proposed Project. In addition, sewer collection facilities within the proposed Project will
be constructed as development occurs in accordance with local improvement
standards and specifications. Less than significant impacts are anticipated in this regard.
Stormwater Drainage Facilities
5.10-10 THE PROPOSED PROJECT MAY REQUIRE OR RESULT IN THE CONSTRUCTION OF
STORM WATER DRAINAGE FACILITIES.
Facts Supporting Findings
Stormwater / drainage would be contained onsite or conveyed to a retention basin. A
drainage study may be needed to determine the size of the lines and the size of the
retention basin needed to accommodate the Stormwater from the project site.
Drainage collection facilities within the proposed Project will be constructed as
development occurs in accordance with local improvement standards and
specifications. Less than significant impacts are anticipated in this regard.
Cumulative Impacts
5.10-11 POTENTIAL CUMULATIVE DEVELOPMENT WOULD INCREASE THE DEMAND FOR
SERVICES AND UTILITIES. AN INCREASED DEMAND FOR SERVICES MAY BE
EXPECTED FOR THE BAKERSFIELD POLICE DEPARTMENT, BAKERSFIELD FIRE
DEPARTMENT, LOCAL SCHOOL DISTRICTS, AND OTHER PUBLIC SERVICES.
INCREASED DEMAND FOR UTILITIES MAY BE EXPECTED FOR ELECTRICITY, NATURAL
GAS, WATER, WASTEWATER, AND SOLID WASTE.
Facts Supporting Findings
Although there would be a substantial service and utility demand increase attributable
to the extent of the potential cumulative development, the overall potential for service-
related cumulative effects to occur is not considered significant. This conclusion is based
primarily on the rationale that: (1) the absorption of non-residential development also
comprises either the sale, lease or other instrument by which to secure space in or
operate within already or soon to be constructed structures; (2) already constructed
residential and non-residential development would only have occurred after having
satisfied all development specific requisite permit, code, policy, and other City of
Bakersfield development requirements and contributed their fair share of impact fees ino~~AKF9J,
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SCH No. 2007101059
order to ensure their participation in addressing area-wide (cumulative) growth and
service-related demand issues; and (3) by having done the latter, each specific
development would in effect be self-mitigating with regard to placing a potentially
significant demand upon an area's public services and facilities.
All impacts associated with public services and utilities for the proposed Project would be
considered less than significant with adherence to and compliance with all applicable
goals, policies and implementation measures set forth by the City of Bakersfield.
GEOLOGIC AND SEISMIC HAZARDS
Fault Rupture
5.11-2 FUTURE DEVELOPMENT ASSOCIATED WITH THE PROPOSED PROJECT DOES NOT
HAVE THE POTENTIAL TO EXPOSE PEOPLE OR STRUCTURES TO ADVERSE EFFECTS
ASSOCIATED WITH THE RUPTURE OF A KNOWN EARTHQUAKE FAULT.
Facts Supporting Findings
Active or potentially active faults are located within the southern San Joaquin Valley
region. The southern end of the San Joaquin Valley is bordered by five major fault
systems, all of which are considered to be active: San Andreas, Garlock, Breckenridge-
Kern Canyon, Sierra Nevada, and White Wolf faults. It is probable that faults within the
proposed Project area will move in the future; however, it is unlikely that ground rupture
would occur at the Project site because it is not located within an Alquist-Priolo
Earthquake Fault Zone or within 500 feet of a known active fault trace. Commonly,
setback areas are designed with passive land use considerations such as parks, open
space lots and street parkways. Structures proposed for the Project site shall be
constructed in compliance with the Bakersfield Municipal Code and the CBC. Therefore,
less than significant impacts are anticipated.
Liquefaction
5.11-4 FUTURE DEVELOPMENT ASSOCIATED WITH THE PROPOSED PROJECT SITE WOULD
NOT CAUSE LIQUEFACTION.
Facts Supportina Findings
Generally, when liquefaction occurs because of earthquakes, the conditions of
cohesionless surface material accompanied with relatively shallow water tables
underlying the area were the factor. In such cases, ground vibration increase the pore
pressure resulting in water moving upward whereby turning the sand or silt into a
quicksand like condition. The surface characteristics include the development of sand
boils, surface cracks, ground settlement and differential compaction. The approximate
groundwater depth at the proposed Project site is at least 202 feet below ground surface
(bgs). The lack of near-surface groundwater beneath the site makes impacts related to
liquefaction unlikely. Therefore, no significant impacts are anticipated.
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SCH No. 2007101059
Cumulative Impacts
5.11-5 THE PROPOSED PROJECT, COMBINED WITH FUTURE DEVELOPMENT, MAY RESULT
IN INCREASED SHORT-TERM IMPACTS SUCH AS EROSION AND SEDIMENTATION,
AND LONG-TERM SEISMIC IMPACTS WITHIN THE AREA.
Facts Supporting Findings
Cumulative effects related to geology resulting from the implementation of future
development of the site and surrounding areas could expose more persons and property
to potential impacts due to seismic activity. Short-term cumulative impacts such as
erosion and sedimentation may occur. Long-term impacts related to geology include
the exposure of people to the potential for seismically induced ground shaking.
Implementation of other cumulative projects would incrementally increase the number
of people and structures subject to a seismic event. Seismic and geologic significance
would be considered on a project-by-project basis through the preparation of a design-
level geotechnical study and such exposures would be minimized through strict
engineering guidelines. Therefore, cumulative effects of increased seismic risk would be
mitigated to a less than significant level.
All geologic and seismic impacts associated with implementation of the proposed
Project would be considered less than significant with adherence to and compliance
with all applicable goals, policies, and implementation measures set forth by the City of
Bakersfield and the California Building Code.
HYDROLOGY AND WATER QUALITY
Groundwater
5.12-2 THE PROPOSED PROJECT WOULD NOT RESULT IN ADVERSE IMPACTS TO THE
AMOUNT OF AVAILABLE GROUNDWATER AVAILABLE OR DEGRADE
GROUNDWATER QUALITY.
Facts Supporting Findings
The proposed Project is included within the plans to accommodate future growth in the
City of Bakersfield. According to the Water Supply Assessment, Cal Water concludes
that for the next 20 years, the Bakersfield District will have more than adequate water
supplies to meet the projected demands associated with the proposed Project, along
with existing customers and all other anticipated future users for normal, single dry year,
and multiple dry year conditions. The proposed Project would not alter the direction of
groundwater flow, nor result in the need to withdraw, change the rate of groundwater
flow, or affect its supply.
Cumulative Impacts
5.12-4 THE PROPOSED PROJECT, IN COMBINATION WITH OTHER CUMULATIVE PROJECTS,
WOULD NOT RESULT IN INCREASED DEGRADATION OF SURFACE WATER QUALITY
AND FLOODING IMPACTS IN THE AREA.
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Facts Supporting Findings
Cumulative effects related to hydrology resulting from implementation of the proposed
Project, along with development in the vicinity, may expose more persons and property
to potential water hazards, along with affecting the natural drainage of the area.
Cumulative development may also adversely affect downstream water quality,
impacting surface and groundwater supplies. The potential cumulative impact is
mitigated through required drainage studies to identify potential impacts, relationship to
City and County drainage master plans, and implementation of appropriate on-site and
off-site drainage improvements. Projects are also required to implement NPDES and BMP
measures on a project basis to reduce potential water quality impacts. In addition,
projects may require drainage improvements to be in compliance with the MBGP and
Bakersfield Municipal Code standards in addition to local and regional agency
requirements, as part of the discretionary review process. Compliance with local, state
and federal requirements would reduce impacts to less than significant levels.
URBAN DECAY
5.13-1 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT RESULT IN AN
OVERSUPPLY OF RETAIL SQUARE FOOTAGE, AND THEREFORE WOULD NOT AFFECT
THE VIABILITY OF EXISTING SHOPPING CENTERS OR DISTRICTS.
Facts Supporting Findings
Based on the Urban Decay Study, the proposed Project would result in a net increase of
1.068 million square feet of GAFO retail space. Residual market support for GAFO retail
space in the Primary Market Area (PMA). As of 2009, the PMA could support
approximately 1.02 million square feet of additional regional retail space. Due to
continued growth in the number of households, the PMA would be able to support an
additional 2.9 million square feet of retail space, over and above existing levels, by 2030.
Based on analysis of proprietary database of shopping centers in a major metropolitan
area, it has been determined that services space (e.g., dry cleaners, hair salons, banks,
etc.) accounts for 10 percent to 25 percent of total shopping center space, depending
on type of retail development (i.e., regional, community, neighborhood, etc.). Thus, this
analysis conservatively assumes that, on average, services space accounts for 10
percent of total space in typical shopping center settings. Based on this assumption, it is
unlikely that the GAFO retail components of the proposed Project would result in
economic impacts to existing stores in the trade area, and it is therefore unlikely that any
existing retail stores will be forced to close due to the Project.
General Merchandise, Apparel, Furniture/Appliances, and Other/Specialty Sales
Categories (GAFO)
5.13-2 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT HAVE SIGNIFICANT
IMPACTS ON EXISTING OR REASONABLY FORESEEABLE FUTURE GAFO RETAILERS.
Facts Supporting Findings
The proposed Project would result in a net increase of 1.068 million square feet of GAFO
retail space. Residual market support for GAFO retail space in the PMA in 2025 is
projected to be approximately 1.1 million square feet. Thus, all of the proposed Project's
retail space (1.068 million square feet) would be fully supportable by 2025. For purposes k~bPKFq
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SCH No. 2007101059
of this analysis, it has been assumed that the planned GAFO retail development would
follow the growth in retail demand (i.e., retail buildout of the GAFO space in 2025). This
development phasing timeline is consistent with industry custom, that developers are
rational, and that retail sites are typically developed only if and when demand dictates.
Based on this assumption, it is unlikely that the GAFO retail components of the proposed
Project would result in economic impacts to existing stores in the SRTA; therefore, it is
unlikely that any existing retail stores will be forced to close due to the proposed Project.
Grocery (Supermarket) Component
5.13-3 THE PROPOSED PROJECT'S SUPERMARKET COMPONENT WOULD NOT HAVE
SIGNIFICANT IMPACTS ON EXISTING OR REASONABLY FORESEEABLE FUTURE
GROCERY STORES.
Facts Supporting Findings
The proposed Project would potentially result in a net increase of approximately 40,000
square feet of grocery space. Residual market support for grocery space in 2009 is
already above this total, indicating that the proposed Project's grocery space would be
fully supportable if it were built in 2010 (the earliest development start date). Thus, it is
unlikely that the potential grocery component of the proposed Project would result in
economic impacts to existing grocery stores in the SRTA, and that it is therefore unlikely
that any existing grocery stores will be forced to close due to the proposed Project.
Home Improvement Retail Space
5.13-4 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT HAVE SIGNIFICANT
IMPACTS ON EXISTING OR REASONABLY FORESEEABLE FUTURE HOME
IMPROVEMENT RETAILERS.
Facts Supporting Findings
The proposed Project would potentially result in a net increase of approximately 185,200
square feet of Building Materials/Hardware space. Residual market support for Building
Materials/Hardware space in 2011 would be sufficient to support this total, indicating that
the proposed Project's home improvement store space would be fully supportable if it
were built in 2011 (one year after earliest development start date). Thus, it is unlikely that
the potential home improvement component of the proposed Project would result in
economic impacts to existing home improvement stores in the SRTA, and that it is
therefore unlikely that any existing home improvement stores will be forced to close due
to the proposed Project.
Restaurant Space
5.13-5 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT HAVE SIGNIFICANT
IMPACTS ON EXISTING OR REASONABLY FORESEEABLE FUTURE RESTAURANTS.
Facts Supporting Findings
The proposed Project would result in a net increase of 121,200 square feet of restaurant
space. Residual market support for restaurant space in the PMA in 2016 is projected to
be approximately 123,400 square feet. Thus, all of the proposed Project's restaurant
space (121,200 square feet) would be fully supportable by 2016. For purposes of this
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SCH No. 2007101059
analysis, it has been assumed that the planned restaurant development would follow the
growth in retail demand (i.e., retail buildout of the restaurant space in 2016). Based on
this assumption, it is unlikely that the restaurant components of the proposed Project
would result in economic impacts to existing restaurants in the trade area, and that it is
therefore unlikely that any existing restaurants will be forced to close due to the
proposed Project.
Gas Station / Car Wash
5.13-6 THE PROPOSED PROJECT'S POTENTIAL GAS STATION/CAR WASH WOULD NOT
HAVE SIGNIFICANT IMPACTS ON EXISTING BUSINESSES.
Facts Supporting Findings
The Urban Decay Study projects that a service/gas station within the proposed Project
would generate sales of approximately $4.9 million per year. The Urban Decay Study
indicates existing market support (year 2009) for $213.6 million in annual service station
sales, which is projected to increase to $220.0 million in 2011. By 2011, residual demand
for service station sales would reach approximately $6.4 million - well above the amount
needed to support the potential service station sales at the proposed Project. Thus,
potential sales impacts to existing service stations are not expected to be significant,
given that the proposed Project's service station sales would fit within the available
"envelop" of residual or unmet demand within one year of the earliest potential start
date of 2010.
Movie Theater
5.13-7 THE PROPOSED PROJECT'S PLANNED MOVIE THEATER WOULD NOT HAVE
SIGNIFICANT IMPACTS ON EXISTING MOVIE THEATERS IN THE TRADE AREA.
Facts Supporting Findings
The proposed Project plans to include an approximately 70,000 square foot 16-screen
movie theater. Information pertaining to the proposed movie theater is based on a
Movie Theater Impact Analysis (MTIA) prepared by R-T Associates, dated December
2009. The proposed Saco Ranch theater should lie within a "free film zone," as the
nearest existing theater, the Bakersfield Stadium 14, is more than 7.0 air-miles from the
Project site. The nearest proposed theater, Bakersfield Commons, is approximately 5.0
air-miles away. This crucial factor indicates that a theater constructed as part of the
proposed Project should be able to license and exhibit the same film titles simultaneously
with any other theater within the market. The same should hold true for the proposed
theater at the Bakersfield Gateway project.
The economic prospects for a well designed and executed stadium theater at this
location, if built in conjunction with a regional destination oriented retail center, should
be positive. A stand alone theater in this area, given the current sparse demographic
population, would likely struggle. The population density in the immediate trade area of
the proposed Project location is the weakest of any of the existing or proposed theater
locations in the market.
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SCH No. 2007101059
Cumulative Impacts - Retail
5.13-8 BUILDOUT OF THE PROPOSED PROJECT IN CONJUNCTION WITH OTHER
PLANNED, APPROVED, AND PENDING PROJECTS WOULD CONTRIBUTE TO A
PROJECTED OVERSUPPLY OF REGIONAL RETAIL SQUARE FOOTAGE.
Facts Supportina Findings
Attempting to predict whether actual retail projects will ultimately be proposed and
developed, estimating the square feet of retail development that might ultimately be
developed and/or the timing of the potential development would be speculative at
best. As such, it is currently not possible to identify which retail categories could possibly
become overbuilt, or to identify existing businesses in those categories which might be
forced to close if the potential retail components of these projects are ultimately
developed. Therefore, any attempt to identify specific vacancies which might possibly
result, or to determine the potential for physical deterioration or urban decay, would be
speculative in this context. For purposes of evaluating CEQA impacts, it is not required or
valid to engage in speculative analysis. Rather, it has been assumed that these potential,
yet unplanned retail sites would be developed only if and when future demand dictates,
which assumption is consistent with existing industry customs and practice.
Summarizing the above, there would be no significant cumulative impacts to existing or
reasonably foreseeable retail facilities in the Saco Ranch Trade Area.
Cumulative Impacts - Movie Theater
5.13-9 BUILDOUT OF THE PROPOSED MOVIE THEATER IN CONJUNCTION WITH OTHER
PLANNED, APPROVED, AND PENDING MOVIE THEATER PROJECTS MAY
CONTRIBUTE TO CANNIBALIZATION OF EXISTING MOVIE THEATERS.
Facts Sugoorting Findings
The development of all of the planned and pending theater projects by 2020 would lead
to the market being "over-screened" by approximately 14 screens, based on
comparative data for the U.S. as a whole, or close to one theater. This "over-screening"
of the market area (primarily due to the development of the proposed Bakersfield
Commons project), would likely have negative economic consequences for both the
Bakersfield Commons project itself and either the existing Bakersfield Stadium 14 or Valley
Plaza 16 theaters. In this case, the older locations (existing Bakersfield Stadium 14 or
existing Valley Plaza 16) would typically be more vulnerable to box office
cannibalization, and ultimately closure (refer to Table 5.13-20). Given that the proposed
Project would not contribute, on a cumulative basis, to these impacts, potential closure
of the existing movie theaters would not be attributable to the Project. Therefore, the
potential impacts of the proposed Project on existing movie theaters would not be
cumulatively considerable.
VII. FINDINGS REGARDING EFFECTS DETERMINED TO BE MITIGATED TO LESS THAN SIGNIFICANT
LEVELS
The City of Bakersfield, having reviewed and considered the information contained in the
Final EIR, Technical Appendices and the administrative record, finds, pursuant to
California Public Resources Code 21081 (a) (1) and State CEQA Guidelines §15091 (a) (1), ~)AKF~
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that changes or alterations have been required in, or incorporated into, the proposed
project which would mitigate, avoid, or substantially lessen to below a level of
significance the following potentially significant environmental effects identified in the
Final EIR in the following categories: Land Use and Relevant Planning, Agricultural
Resources, Public Health and Safety, Aesthetics, Light and Glare, Traffic and Circulation,
Noise, Air Quality, Biological Resources, Cultural Resources, Geologic Resources, Public
Services and Utilities, and Hydrology and Water Quality.
The potentially significant adverse environmental impacts that can be mitigated are
listed below. The City of Bakersfield finds that these potentially significant adverse
impacts can be mitigated to a level that is considered less than significant after
implementation of mitigation measures identified of the Final EIR.
LAND USE AND RELEVANT PLANNING
Short-Term Impacts (Construction)
5.1-1 CONSTRUCTION OF THE PROPOSED PROJECT MAY TEMPORARILY RESULT IN
INCREASED AMOUNTS OF LOCAL AIRBORNE AND PARTICULATE MATTER, AS WELL
AS AN INCREASE IN TRAFFIC CONGESTING, NOISE LEVELS, ADVERSE VISUAL
IMPACTS AND RELATED EFFECTS, THEREBY CAUSING SHORT-TERM
CONSTRUCTION-RELATED IMPACTS TO SURROUNDING USES, OR BETWEEN
DEVELOPMENT PHASES OF THE PROPOSED PROJECT AND CONSTRUCTION OF
LATER PHASES.
Facts Supporting Finding
Project construction-related activities would primarily affect immediate uses surrounding
the Project site or developed areas of the Project from construction of later phases.
Surrounding land uses include agricultural farms, orchards, light industry and businesses,
and single-family residences. Surrounding land use designations include SI (Service
Industrial), SR (Suburban Residential), LI (Light Industrial), and R-IA (Resource-Intensive
Agriculture).
Dust generation due to typical construction and grading activities can be anticipated to
temporarily increase local airborne and particulate matter. However, construction-
related dust is more of a nuisance than a serious health threat, and would be offset
through standard construction practices. Construction equipment and staging areas
may be unsightly for adjacent residents and motorists, although vehicle staging and
materials stockpiling will be removed as far as practicable from adjacent residences.
Construction activities will also temporarily increase noise due to on-site construction
activities. However, these impacts would be short-term in nature and are not expected
to continue after build-out of the proposed Project. In addition, prior to construction, the
Project Applicant or contractor will be required to submit a construction Traffic
Management Plan (TMP), which will include restrictions on routes for construction traffic,
as well as construction traffic safety measures.
Mitigation Measure 5.1-1 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
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5.1-1 Refer to mitigation measures in Section 5.4, AESTHETICS, LIGHT AND GLARE,
Section 5.5, TRAFFIC AND CIRCULATION, Section 5.6, NOISE, and Section 5.7,
AIR QUALITY.
AGRICULTURAL RESOURCES
Loss of Agricultural Land
5.2-1 DEVELOPMENT OF THE PROPOSED PROJECT WOULD CONVERT PRIME FARMLAND
TO NONAGRICULTURAL USES.
Facts Suaporting Finding
The MBGP states that conversion of prime agricultural lands to urban uses will result in a
reduction of the regional agricultural economy and is considered a significant adverse
impact. A statement of overriding considerations for this impact was adopted by the
City when the MBGP was certified. Implementation of the proposed Project would result
in a significant impact from the conversion of approximately 300.98 acres of prime
farmland, however, the Project Applicant will voluntarily participate in agricultural
mitigation programs to off-set the loss of 300.98 acres of prime farmland.
The Farmland Conversion Study utilized the California Agricultural LESA model to aid in
determining the significance of the proposed Project's conversion of agricultural lands.
The California Agricultural LESA model is designed to make determinations of the
potential significance of a project's conversion of agricultural lands. Scoring thresholds
are based upon both the total LESA score and the component LE and SA separate sub
scores. In this manner the scoring thresholds are dependent upon the attainment of a
minimum score for the LE and SA sub scores so that a single threshold is not the result of
heavily skewed sub scores (i.e., a site with a very high LE score but a very low SA score, or
vice-versa). The total LESA score is 74. According to the California Agricultural LESA
Model Threshold of Significance, the LE sub score is 49 points, and the SA sub score is 25
points. The LESA Model Scoring Thresholds indicate the subject property would be
considered a significant environmental impact since both the LE and LA subscores are
greater than 20 points. In addition, the MBGP states that conversion of prime agricultural
lands to urban uses will result in a reduction of the regional agricultural economy and is
considered a significant adverse impact.
It is assumed that future development in the MBGP Planning Area would continue to
include "prime" agricultural soils that exist on the Valley floor. This loss has not limited itself
to the City of Bakersfield and Kern County but has become an issue of statewide
concern. The MBGP concludes that conversion of prime agricultural lands to urban uses
will result in a reduction of the regional agricultural economy and is considered to be a
significant adverse impact. A statement of overriding considerations for this impact was
adopted when the MBGP was certified.
Mitigation Measure 5.2-1 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.2-1 Prior to issuance of a grading or building permit on a project by project basis,
the developer shall provide written evidence of completion of one or more of
the following measures to mitigate the loss of agricultural land at a ratio of l:1 0AKF9
for net acreage before conversion. Net acreage is to be calculated based ono %P
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JN 60-100334 36 of 89 June 2010 t~ORIGINAL
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A K E R S F I E L D GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
the exclusion of existing roads and areas already developed with structures. A
plot plan shall be submitted substantiating the net acreage calculation along
with written evidence of compliance, funding and/or purchase of agricultural
conservation easements. Such easements shall be accepted or purchased and
monitored and enforced by a land trust or another appropriate entity. Funds
may be used for easement purchases, ongoing monitoring and enforcement,
transaction costs, and reasonable administrative costs as listed below:
a) A recorded irrevocable conservation easement on qualifying
agricultural land within the San Joaquin Valley.
b) Contribution of agricultural land or equivalent funding to an
organization that provides for the preservation of farmland in
California. Funds may be used for purchases, ongoing monitoring
and enforcement, transaction costs, and reasonable administrative
costs.
c) Purchase of credits from an established agricultural farmland
mitigation bank approved by applicable government authority.
d) During the life of the project, if the City of Bakersfield or other
responsible agency adopts an agricultural land mitigation program
that provides equal or more effective mitigation than measures listed
above, the applicant may choose to participate in that alternate
program to mitigate the loss of agricultural land impacts. Prior to
participation in the alternate program, the applicant shall obtain
written approval from the City of Bakersfield agreeing to the
participation, and the applicant shall submit written verification of
compliance with the alternate program at the same time described
above in the first paragraph.
Mitigation land shall meet the definition of prime farmland or farmland of
statewide importance established by the State Department of Conservation.
Completion of the selected mitigation measure, or with the Planning Director's
approval, a combination of the selected mitigation measures, can be on
qualifying agricultural land within the San Joaquin Valley (San Joaquin,
Stanislaus, Merced, Fresno, Madera, Kings, Tulare, Kern), or outside the San
Joaquin Valley with written evidence that the same or equivalent crops can be
produced on the mitigation land.
PUBLIC HEALTH AND SAFETY
Short-Term Impacts (Construction)
5.3-1 PROJECT CONSTRUCTION ACTIVITIES HAVE THE POTENTIAL TO ENCOUNTER
KNOWN HAZARDOUS MATERIALS OR WASTES.
81
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JN 60-100334 37 of 89 June 2010 ~~ORIGINAL
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
GPA/ZC No. 06-2247 / Annexation No. 608
B A K E R S F I E L D
SCH No. 2007101059
Facts Supportina Findina
Saco Shop Compound
Bidart Bros. Saco Shop is located in a triangular-shaped compound comprising
approximately 1.3 acres on the west side of Coffee Road. It is bounded on the southwest
by the Beardsley Canal. The Shop is of metal construction and is built on a concrete pad
with an interior office, a restroom, and wide front and rear doors. No hydraulic lifts or floor
drains were observed in the concrete pad within the Saco Shop. The compound is
surrounded by a barbed-wire-topped chain-link fence with two entry gates on Coffee
Road and one locked gate located in the northwest corner.
An oil-change and vehicle lubrication rack was observed at the south end of the shop.
Oil-stained soil was observed beneath the rack. A waste-oil aboveground storage tank
with an estimated capacity of 550 gallons and set within a secondary containment box
was observed adjacent to the lubrication rack; some oil was observed in the secondary
containment box. A white 55-gallon-capacity drum labeled "Waste Antifreeze Only" was
observed adjacent to the waste-oil AST. Cole's Services periodically transports and
disposes of these wastes.
A 10,000-gallon-capacity diesel aboveground storage tank set within a concrete
secondary containment structure was observed along the fence line adjacent to the
Beardsley Canal. The fill port at the southeast end of the tank was observed stained with
spilled, desgcated diesel fuel, including the containment wall and the soil below. A 2,000-
gallon capacity, cradlemounted, propane aboveground storage tank was observed
adjacent to the southeast end of the diesel AST.
Farm/soil implements were observed stored along the perimeter fence on the north side
of the Saco shop compound. The north side of the compound was observed to be used
for truck and farm vehicle parking, and for the temporary storage of pesticides in a
locked shed. Several unopened 55-gallon-capacity drums of motor oil were observed on
pallets. A 55-galloncapacity drum labeled Chemsolv 142-66 solvent was observed in an
adjacent shed. A 30,000-gallon water tank not currently used for storage was observed.
The perimeter fence area adjacent to the Beardsley Canal is also used as a boneyard for
vehicles and equipment no longer in service.
The aboveground storage tanks and drums are expected to be moved to an alternative
Bidart Bros. Shop Compound within another location of the company's farming
operations. Vehicles that will not be repaired for future service will be removed from the
compound.
Abandoned Oil Wells
Review of California Division of Oil and Gas and Geothermal Resources (DOGGR) Field
Maps 435 (Fruitvale) and 438 (Kern Front and Poso Creek) indicates that one former
producing oil well and two exploratory wells (dry holes) were abandoned on the
proposed Project. Portions of the proposed Project that are located in the north half of
Section 4 are situated within the southwest corner of the Kern Front Oil Field. Former
producing well "Lerdo-Bidart" 21X and dry hole "Lerdo-Bidart" 43 were drilled in the
parcel designated by APN 492-03-03-6. According to historical information in the well
files obtained from the DOGGR in Bakersfield, "Lerdo-Bidart" 21X was completed in RAKE
September 1974 and initially produced 16 barrels of 14.3° gravity oil per day. The well§ 9P"
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'C)RICINA°
JN 60-100334 38 of 89 June 2010
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
s a. K E R S F I E L D GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
was abandoned in 1978. Section 5 is situated west of the Kern Front field boundary. Dry
hole "Mendiburu" 82-5 was drilled in the parcel designated by APN 492-070-17-2.
Three nearby off-site dry holes were drilled within a few hundred feet of the proposed
Project boundaries. "Humble-Intex-Lerdo Land Company" 1 was drilled southeast of the
parcel designated by APN 492-04-04-3. Dry hole "Capital Company" 85 was drilled off-
site and south of APN 492-070-17-2. Dry hole "Mendiburu et al" 1 was drilled off-site and
north of APN 492-080-26-2. The three exploratory wells drilled on the proposed Project
and the two off-site wells were abandoned as dry holes immediately following drilling
and logging activities because no commercial quantities of oil or gas were indicated.
During the October 11, 2006 site reconnaissance, no surface indications were observed
of drilling mud pits or temporary production sumps potentially associated with the on-site
abandoned wells.
Although no oil or gas was noted in any of the abandoned dry holes drilled on-site, the
abandoned dry holes are considered to present a significant on-site public health and
safety hazard. Future on-site development and grading activities would require that the
wells be exposed and abandoned status reexamined. Public Resources Code §3208.1
authorizes the State Oil and Gas Supervisor to order the reabandonment of a previously
abandoned well when construction of any structure over or in the proximity of the well
could result in a hazard. DOGGR must be notified to investigate the condition of the
wellheads and check for leakage. If any abandonment or reabandonment is required,
DOGGR would furnish the necessary closure specifications. Adherence to closure
requirements would serve to reduce impacts to less than significant levels.
Abandoned Water Well
Abandoned water well no. 29527E-4J 1 is located in a diesel pump house in the northeast
corner of APN 492-040-04-3 that was used strictly for irrigation. An abandoned water well
is defined as a well that is no longer in use or is incapable of production in its present
condition. Abandoned water wells can act as conduits for surface and subsurface
contaminants, and can also be illegally used for the disposal of liquid and solid wastes
that would pollute groundwater supplies. The well shall be destroyed per Kern County
Environmental Health Department standards prior to grading and development.
On-Site Structures
Lead-based paint would likely be found in several existing buildings constructed prior to
1978. Before demolition activities, a lead-based paint survey would be required. If lead-
based paint is found, mitigation measures would be required before any demolition
activities that would create lead dust or fume hazard, in order to limit impacts to a less
than significant level. Lead-based paint removal would be performed in accordance
with California Code of Regulations Title 8, §1532.1, which provides exposure limits,
exposure monitoring, and respiratory protection, and mandates good working practices
by workers exposed to lead.
Given the age of some of the buildings on the proposed Project site, it is likely that some
of them contain asbestos. Prior to demolition activities, an asbestos survey would be
required. If asbestos-containing materials are found, abatement of asbestos is required
before any demolition activities that would disturb asbestos-containing material or
create airborne asbestos hazard. Asbestos removal would be performed in accordance
with San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8021 in order to,;61XKF
9
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JN 60-100334 39 of 89 June 201$
ORIGINAL.
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
e w K E R s F[ E L o GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
restrict potential impacts to a less than significant level.
Agricultural Activities
The predominant crops grown on the proposed Project site have been potatoes, wheat,
almonds, and apples. He reported that pesticides and herbicides applied on the project
site are sometimes temporarily stored in a locked shed located on the north side of the
fenced Saco shop compound located at 8849 Coffee Road.
The recent application of pesticides and/or herbicides was evident on the subject site as
temporary safety-oriented signs were observed on plowed land within APN 492-03-04-4 in
the north half of Section 4. Therefore, pesticides, herbicides and associated metals may
be present within near-surface soils in residual concentrations.
The Kern County Agricultural Commissioner's Office issues annual Restricted Materials
Permit No. 1500585 to Bidart Bros and monitors the applications of agricultural chemicals.
Decades of agricultural activities conducted on the project site includes the applications
of permitted pesticides and herbicides. Mr. Bidart reported that mixing of pesticides and
herbicides takes place by licensed applicators and trained employees on the farmland
where they are applied, according to California Department of Pesticide Regulation and
the Kern County Agricultural Commissioner's rules and regulations.
It is possible that asbestos-containing materials (ACMs) could be present in subsurface
irrigation piping on the subject site. The SJVAPCD must be contacted for removal and
disposal procedures if ACMs are suspected or identified.
Septic Systems
The corporate office located at 34741 Seventh Standard Road, the Saco Shop located
at 8849 Coffee Road, and the rural residence located at 8901 Coffee Road, are
connected to individual septic systems. At the corporate office, the septic tank cleanout
port is located at the southeast corner of the building. At the Saco shop, the septic tank
cleanout port was observed along the east wall adjacent to the restroom inside. The
septic system at the rural residence is located in the front yard on the east side of the
dwelling.
Electrical Transformers
Twelve pole-mounted transformers, one pad-mounted transformer, and the locked
location of one underground transformer were observed on the proposed Project site.
The ground surface below each single pole-mounted transformer or multiple pole-
mounted transformers displayed no evidence of discoloration.
The Pacific Gas and Electric Company (PG&E) is the owner of the transformers, and was
contacted on October 25 and November 7, 2006 regarding the transformers. The
company's transformer database, compiled circa 1990, does not indicate whether
polychlorinated biphenyls (PCBs) are present in the electrolytic fluids of older
transformers. However, pole-mounted transformers installed subsequent to 1990 likely do
not contain polychlorinated biphenyl (PCB) insulating fluids. Pole-mounted transformers
labeled with a blue "non-PCB" sticker do not contain PCB fluids. Based on the visual
apparent unauthorized releases of insulating fluids from the onsite transformers during the bP KF
site reconnaissance activities, the onsite transformers are not currently anticipated to o~ 9
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JN 60-100334 40 of 89 June 2010 `'ORIGNAt
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A K E R s F[ E L D GPA/ZC No. 06-22471 Annexation No. 608
SCH No. 2007101059
pose an adverse impact to the subject site. However, in the event of a future release or
leak of insulating fluids from any of the onsite transformers, PG&E should be contacted for
their removal or replacement. PG&E should be contacted regarding the disposition of
the transformers prior to development of the proposed Project.
It is unknown if the pair of pole-mounted transformers located at the northwest corner of
Snow Road and Coffee Road contain PCB fluids. They were installed in 1977 to provide
power to an onsite booster pump. Based on the visual absence of apparent
unauthorized releases of insulating fluids from the onsite transformers at the time of the
site reconnaissance visits, the onsite transformers are not currently anticipated to pose an
adverse impact to the proposed Project site. However, PG&E should be contacted for
their removal prior to Project development.
Hazardous Air Pollutants
There were no releases of hazardous air pollutants within the project's vicinity per a Toxics
Release Inventory (EPA). The U.S. EPA has posted a database that is available on the
Internet containing information on toxic chemical releases. Records were further
searched online at the Community Health Air Pollution Information System (CHAPIS) of
the California Air Resources Board (CARE). The CHAPIS website depicted the mapped
location of KW Plastics of California at 1861 Sunnyside Court, situated approximately 0.75-
mile east of the project site.
As mentioned above, based on the site inspection and records search, areas of
environmental concern with respect to hazardous materials and wastes were identified
that may compromise construction or acquisition of construction easements.
Implementation of mitigation measures listed below would reduce these impacts to less
than significant levels.
Mitigation Measures 5.3-1(a-j) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
Saco Shop Compound
5.3-1 a Prior to any grading activities on the parcel that contains the 550-gallon-
capacity waste-oil aboveground storage tank, its secondary containment box,
and the 55-gallon drums containing used oil filters and used antifreeze, shall be
removed from the Saco Shop compound. The oil-stained soil observed beneath
and adjacent to the present location of the oil-change and vehicle lubrication
rack shall be removed and properly disposed per the requirements of Federal,
State, and local laws and regulations. If required, verification sampling will be
conducted to the satisfaction of the Bakersfield Fire Department, Office of
Prevention Services.
5.3-1 b Prior to any grading activities on the parcel that contains the 10,000-gallon-
capacity diesel aboveground storage tank and its secondary containment box,
shall be moved to an alternate location. Diesel-stained soil shall be properly
disposed per the requirements of Federal, State, and local laws and regulations.
The 2,000-gallon-capacity, cradle-mounted propane aboveground storage
tank shall be moved to an alternate location.
o<( -n
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JN 60-100334 41 of 89 June 2010 `~[7RIGINAL~
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A K E R S F I E L o GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
Abandoned Oil Wells
5.3-1 c Prior to construction, the onsite oil wells must meet current Department of Oil,
Gas, and Geothermal Resources (DOGGR) well abandonment standards.
Information obtained from DOGGR indicated that former producing well
"Lerdo-Bidart" 21X, abandoned in August 1978, meets current DOGGR
abandonment standards. However, prior to construction, the following
preliminary abandonment requirements may be necessary for the three dry
holes located on the proposed Project site:
• "Lerdo-Bidart" 43 should be filled with mud from 319 feet bgs to no less
than 25 linear feet bgs. A cement plug shall be placed from no less than
25 feet bgs to the surface.
• A preliminary leak test of the surface plug in "Humble-Intex-Lerdo Land
Company" 1 will be required. The surface plug must be drilled out and
the top of the cement plug placed from 420 to 570 feet bgs must be
verified. If the cement plug is found as reported in the July 30-31, 1954
abandonment history, the DOGGR is expected to require that drilling
mud fill the hole from 420 feet to 25 feet bgs, and a cement surface
plug be placed from 25 to 5 feet below final grade.
• In "Mendiburu" 82-5, a cement plug should be placed from 3220 feet to
3020 feet to isolate the well from the base of fresh water. A cement plug
should be placed from 297 feet to no less than 197 feet. The well should
be filled with mud from 197 feet to no less than 25 feet. A cement plug
shall be placed from no less than 25 feet bgs to the surface.
5.3-1 d Prior to construction, all abandoned oil well and dry holes shall be located. The
tops of the surface casings of the wells are situated at depths of 5 to 8 feet.
Once located and staked, the dry holes can be uncovered and reabandoned
to current DOGGR standards.
Abandoned Water Well
5.3-1 e Prior to any grading activities, well no. 29527E-4J 1 shall be properly destroyed
per California Department of Water Resources and Kern County Environmental
Health Department standards prior to development. In addition, if well no.
29527E-5A1 is encountered during grading operations and found to be
abandoned but not destroyed, it shall also be properly destroyed. If required, a
verification closure letter shall be obtained prior to issuance of grading and
building permits per Federal, State, and local laws.
On-Site Structures
5.3-1 f Prior to issuance of a demolition permit, the interiors of individual structures
within the proposed Project that would be demolished or renovated shall be
visually inspected prior to demolition or renovation activities. Should hazardous
materials be encountered within any on-site structure, the materials shall be
tested and properly disposed in accordance with State and Federal regulatory
requirements. Any stained soils or surfaces found to underlie the removed
materials shall be sampled. The National Emissions Standards for Hazardous Air
Pollutants (NESHAP) mandates that building owners conduct an asbestos survey ~$NKF9
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JN 60-100334 42 of 89 June 2010 v O
ORIGINAi_
/ • CITY OF BAKERSFIELD
/ Saco Ranch Commercial Center
e w K e R s F► e o GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
to determine the presence of asbestos-containing materials (ACMs) prior to the
commencement of any remedial work, including demolition.
5.3-1 g Due to the age of on-site structures (if constructed prior to 1978), lead-based
paints (LBPs) may be present. If during demolition of the structures (constructed
prior to 1978), paint is separated from the building material (e.g., chemically or
physically), the paint waste shall be evaluated independently from the building
material to determine its proper management. According to the Department of
Toxic Substances Control, if paint is not removed from the building material
during demolition (and is not observed to be chipping or peeling), the material
shall be disposed of as construction debris (a nonhazardous waste). It is
recommended that the landfill operator be contacted in advance to
determine any specific requirements regarding the disposal of lead-based
paint materials.
5.3-1 h Due to the age of on-site structures (if constructed prior to 1978), ACMs may be
present. Prior to issuance of a demolition permit, areas of potential ACMs shall
be sampled as part of an asbestos survey for any on-site structures constructed
prior to 1978. Any demolition of existing buildings shall comply with State law,
which requires a contractor, where there is asbestos-related work involving 100
square feet of more of ACMs, to be certified and that certain procedures
regarding the removal of asbestos be followed.
Septic Systems
5.3-1 i When new sewer systems are installed for the corporate office or existing
residence, or if the existing structures are remodeled, expanded, or removed,
the existing septic systems shall be destroyed in accordance with the
requirements and guidelines of the Kern County Department of Environmental
Health Services, and approved by the City of Bakersfield Public Works
Department.
Electrical Transformers
5.3-1j With submittal of each tentative tract map, parcel map, or site plan
application, whichever occurs first, Pacific Gas and Electric (PG&E) shall be
contacted regarding the disposition of the pole-mounted transformers (PMTs)
that are located on-site. In the event of a future release or leak of insulating
fluids from any of the on-site PMTs, PG&E shall be contacted for their removal or
replacement.
Accidental Releases
5.3-2 PROJECT CONSTRUCTION ACTIVITIES HAVE THE POTENTIAL TO CREATE A
SIGNIFICANT HAZARD TO THE PUBLIC THROUGH FORESEEABLE UPSET ACCIDENTAL
CONDITIONS.
Facts Supporting Finding
Project construction activities are not anticipated to result in a significant release of
hazardous materials into the environment. However, the accidental release of ~6AKF,9
hazardous substances, such as spilling petroleum-based fuels used for construction o
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JN 60-100334 43 of 89 June 2010 ORIGINAL
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
e w x e R s F► E o GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
equipment, may occur. The level of risk associated with the accidental release of
hazardous substances is considered significant due to the volumes and concentrations of
hazardous materials present on-site and utilized during construction. The Project
contractor will be required to use standard construction controls and safety procedures
that would avoid and minimize the potential for accidental release of such substances
(petroleum based fuels) into the environment. The contaminated soil will be required to
be remediated to a level considered non-hazardous. Standard construction practices
would be observed such that any materials released would be appropriately contained
and remediated as required by local, State, and Federal law.
Mitigation Measure 5.3-2 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-2 If during grading and construction a pipeline accident occurs, potential
unknown buried hazardous materials are found, and/or if unidentified materials
are discovered in the prescribed soil testing, health and safety procedures shall
be implemented immediately by the Contractor. Procedures shall include, at a
minimum, emergency medical treatment, evacuation of the site and/or
threatened area, and notification action. Notification shall be determined by
the appropriate agency which may include but not be limited to the following
agencies: Kern County Department of Environmental Health Services, Kern
County Fire Department, City of Bakersfield Fire Department, San Joaquin
Valley Unified Air Pollution Control District, and the California Regional Water
Quality Control Board. Evaluation and determination regarding the type of
contamination encountered and best course of action would be determined
by the ranking official and any required remediation measures shall be
implemented. All work would stop immediately if any unknown soil or other
hazardous materials concerns arise during any part of the testing, grading, or
construction on the proposed Project site.
Agricultural Use of Property/Adjacent Properties
5.3-3 DUE TO THE HISTORIC USE OF THE SITE FOR AGRICULTURAL PURPOSES, THERE IS A
POTENTIAL FOR PESTICIDE RESIDUES TO BE PRESENT IN THE SHALLOW SOIL.
Facts Supportina Finding
Many years of on-site agricultural activity included the application of pesticides,
herbicides and associated metals. Therefore, pesticides, herbicides and associated
metals may be present in near-surface soils at residual concentrations. Agricultural
chemicals in use today are applied in dilute concentrations, and, when used properly,
degrade relatively quickly. However, some environmentally persistent pesticides can
linger in the soil for many years. Dinoseb, an environmentally persistent herbicide, was
historically applied for weed control in Section 4 until 1986, when its further use was
banned by Federal law. Sampling and analyses of near-surface soils from properties with
similar pesticide and herbicide application histories has typically yielded nondetectable
or very low concentrations from analyses of environmentally persistent pesticides and/or
herbicides. Therefore, the potential for elevated concentrations of environmentally
persistent pesticides and/or herbicides to exist in the near-surface soils of the project site,
which would require regulatory action, is low. o~gAK~e9~
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JN 60-100334 44 of 89 June 2010 nRIGINAL
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B n K E R S F I E L D GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
A Phase II Limited Soil Assessment was conducted for the proposed Project. The
sampling indicated that concentrations of the Dinitro herbicide were present on-site.
There is currently no established threshold for Dinitro; however, the soils should be
considered hazardous for the purposes of handling and disposal. Additionally, the Phase
I ESA indicated that additional pesticides were applied on the proposed Project.
Because of the presence of elevated concentrations of Dinitro, and the presence of
other pesticides, potential health impacts associated with individuals being exposed to
pesticide residues are likely to occur during grading and construction of the proposed
Project. The potential threat to public health can be reduced to less than significant
levels by conducting soil-remediation activities prior to Project development in areas that
have high levels of pesticide residues. The presence of pesticide residues on-site shall be
successfully remediated prior to proposed Project development using available
technologies. Mitigation Measure 5.3-3 has been provided to ensure potentially
impacted soils are sampled and treated in accordance with State and Federal
requirements.
Mitigation Measure 5.3-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-3 Prior to issuance of grading permits or prior to recordation of a final subdivision
map, the Project Applicant shall prepare and submit a Soils Test Report. Should
contamination levels be in excess of acceptable Federal, State, and/or County
levels, the Project Applicant shall identify and submit a subsequent work plan to
the Office of Environmental Services of the Bakersfield City Fire Department for
approval to implement remedial action, which will reduce contaminants to
acceptable levels.
Hazardous Materials Users/Facilities
5.3-5 A POTENTIAL RUPTURE OF THE UNDERGROUND GAS AND PETROLEUM
TRANSMISSION PIPELINES (TRAVERSING THE PROJECT SITE) COULD ADVERSELY
AFFECT THE PUBLIC HEALTH IN THE RESIDENTIAL AREAS, ONCE THEY ARE
DEVELOPED.
Facts Supporting Finding
Several pipelines traverse the boundaries of the project site parcels that are owned and
operated by Chevron-Texaco Pipeline Company, Shell Pipeline Company, and the
Pacific Gas and Electric Company. The pipelines are under high pressure and have the
potential to rupture, resulting in uncontrolled releases of natural gas. Additionally, the
rupture of the petroleum pipelines would result in the release of petroleum products to
the proposed Project site. A pipeline rupture could result in environment contamination
and human health effects in the residential areas, once they are developed. For safety
reasons, State regulations prohibit the construction of any structures directly over the
pipeline and a right-of-way (ROW) is usually established. The width of the ROW is
negotiated between the property owner and the pipeline operator and usually ranges
between 20 and 50 feet. Shared ROWs may span 60 to 70 feet. For the proposed
Project, the natural gas pipelines have 50-foot easements, equal on either side of the
pipeline. Types of shrubs may be restricted; specifically, structures and large trees cannot
be located over pipelines. Prior to development the exact location of the underground
o
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0()RICINA,l.
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
e w K E R s F E o GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
pipelines should be determined. Measures are provided below to ensure pipeline safety.
Additionally, PG&E owns and operates an electric transmission tower line located within
the proposed Project's boundaries. To promote safe and reliable maintenance and
operation of utility facilities, the California Public Utilities Commission (CPUC) has
mandated specific clearance requirements between utility facilities and surrounding
objects or construction activities.
Mitigation Measure 5.3-5 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.3-5 To ensure compliance with California Public Utilities Commission (CPUC)
standards, the project Applicant shall coordinate with Chevron-Texaco Pipeline
Company, Shell Pipeline Company, and/or Pacific Gas and Electric (PG&E)
early in the development of the Project plans. Any proposed development
plans shall provide for reasonable utility access and prevent easement
encroachments. Additionally, the locations of each steel tower facility shall be
delineated upon the tentative tract map, parcel map, or site plan application,
whichever occurs first.
Valley Fever
5.3-10 GRADING WITHIN THE BOUNDARY OF THE PROPOSED PROJECT MAY LEAD TO THE
RELEASE OF FUGITIVE DUST AND SPORES CAUSING VALLEY FEVER.
Facts Supporting Finding
If Valley Fever spores occur within the boundaries of the proposed Project, with the
absence of mitigation, there is potential for the infection of construction workers and
surrounding residents, as well as within the Project area. Mitigation measures designed to
reduce the amount of fugitive dust during grading activities would reduce the likelihood
of Valley Fever to a less than significant level. The long-term covering of portions of the
proposed Project alignment with landscaping material and/or with impervious roadway
surfaces would reduce the long-term potential release of Valley Fever spores to a less
than significant level.
Mitigation Measures 5.3-10(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.3-10a Refer to Section 5.7, AIR QUALITY, regarding fugitive dust mitigation measures.
5.3-1Ob Pursuant to San Joaquin Valley Air Pollution Control District (SJVAPCD)
Regulation VIII-Fugitive PMio Prohibitions, all areas with bare soil exposed as a
result of Project earthwork activities shall be landscaped at the earliest time
possible or stabilized by watering when winds exceed 20 miles per hour (mph)
in order to reduce the potential inhalation of spores causing Valley Fever.
Beardsley Canal
5.3-11 DEVELOPMENT OF COMMERCIAL USES AROUND AN OPEN CANAL POSES A RPKF~
POTENTIAL PUBLIC SAFETY HAZARD.
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• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
e w K E R S F I E o GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
Facts Supporting Finding
The Beardsley Canal is proposed to be kept in place, with bridging constructed over the
Canal. The City's requirements include the inclusion of "a chain-link fence six feet in
height, as specified in City of Bakersfield Subdivision and Engineering Design Manual
Standard S-10, or an equivalent barrier as determined by the advisory agency between
any subdivision and the right-of-way line of any irrigation canal within or adjacent to the
subdivision." Although the proposed Project does not have any residential units, this
Standard would still apply. With implementation of measures to ensure public safety
around the Canal, less than significant impacts would occur.
Mitigation Measures 5.3-11 of the Final EIR reduce impacts below a level of significance.
The measure is as follows:
5.3-11 Prior to development, the developer shall construct a six-foot-high chain-link
fence, or equivalent barrier as determined by the advisory agency, between
any subdivision and the right-of-way line of any irrigation canal within or
adjacent to the subdivision, as specified in City of Bakersfield Subdivision and
Engineering Design Manual Standard S-10.
Meadows Field Airport
5.3-12 DEVELOPMENT OF COMMERCIAL/INDUSTRIAL USES WITHIN TWO MILES OF A
PUBLIC AIRPORT MAY RESULT IN A SAFETY HAZARD FOR PEOPLE WORKING
AND/OR VISITING THE PROJECT AREA.
Facts Supporting Finding
The proposed Project is located within two miles of Meadows Field Airport (BFL);
therefore, the site is located within the Kern County Airport Land Use Compatibility Plan.
According to the Kern County Airport Land Use Compatibility Plan, the proposed Project
is located in Safety Zone C: Common Traffic Pattern. Impacts considered under Zone C
are "limited risk - aircraft at or below 1,000 feet above ground level", and "frequent
noise intrusion". The proposed Project is also under the flight pattern for the primary
instrument runway at Meadows Field. This area is subject to Residential and Other Use
Density Restrictions and Open Land Requirements. As the Project does not propose
residential uses, the Project is compatible with the land use restrictions within the area
surrounding the airport. However, the ALUCP recommends against large shopping malls
and theaters, office buildings greater than four stories and uses which are considered
hazards to flight. Proposed building heights would be required to comply with the
ALUCP, and establishment of an overflight easement to notify future tenants/owners that
they are under the approach path for Meadows Field Airport is required. Adopted
emergency response plans or emergency evacuation plans will not be impaired by the
proposed Project.
Mitigation Measures 5.3-12 of the Final EIR reduce impacts below a level of significance.
The measure is as follows:
5.3-12 Prior to development, the Project Applicant shall provide proof of compliance
with the adopted Kern County Airport Land Use Compatibility Plan to the City
of Bakersfield, to ensure that the proposed Project will be compatible with PK
future as well as existing airport operations. 0~0 F9
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JN 60-100334 47 of 89 June 2010 uORIGINAI
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A K E R s F E o GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
AESTHETICS, LIGHT, AND GLARE
Short-Term Aesthetic Impacts (Construction)
5.4-1 GRADING AND CONSTRUCTION OF INDIVIDUAL PHASES WOULD TEMPORARILY
ALTER THE VISUAL APPEARANCE OF THE PROJECT AREA.
Facts Supporting Findina
The development of the proposed Project would have short-term impacts as a result of
demolition, construction debris, and construction-related activities. Graded surfaces,
construction debris, construction equipment, and heavy truck traffic would be visible.
The grading equipment may include, but not be limited to, scrapers, bulldozers, graders,
and backhoes. Soil would be stockpiled and equipment for grading activities would be
staged at various locations throughout the Project site. Metal storage containers may
also be required during the construction period. During proposed Project construction,
dump trucks and other trucks hauling demolition or grading materials from the Project
area would be required to access the site via local roadways. Trucking would also be
required for the delivery and removal of excavation equipment, cranes, other
machinery, and the delivery of materials. As with on-site activities, the visual aspect of
trucks loaded with debris and/or soils would be interesting to some viewers and unsightly
to others. Proposed access to the sites for dump trucks, semi-trailers, and truck and
trailers in the removal of construction debris and excavated soils and delivery of heavy
equipment would occur within the vicinity of the proposed Project.
Dearadation of Existina Character/Quality
Depending upon the location of the site, construction activities would be visible from
residential and non-residential uses within and adjacent to the proposed Project.
Construction activities may also be visible from travelers along highways and local streets
within and adjacent to the proposed Project.
With the implementation of standard conditions of approval, grading plans would be
required to be submitted to the Planning Director concurrently with development plans,
and would be subject to approval through the design review process set forth by the
Planning Commission. All grading and earthwork activities would be conducted in
accordance with an approved construction grading plan and grading permit issued by
the Building Director. All new development projects would be subject to additional
environmental and design review on a site-specific, project-by-project basis to ensure
that the short-term visual impacts from construction are limited to the extent possible. In
addition, construction activities would be required to be consistent with the Bakersfield
Municipal Code requirements and conditions of approval.
Short-term visual impacts to adjacent residents may occur from views of trucks haling
construction materials along the highway and local roadways. In conclusion,
construction impacts associated with the short-term degradation of character/quality in
the proposed Project would be short-term in duration and would cease upon
completion.
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JN 60-100334 48 of 89 June 2010`~nRl(-,INAL
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A K E R S F I E L D GPA/ZC No. 06-2247 /Annexation No. 608
SCH No. 2007101059
Light and Glare
Short-term light and glare impacts associated with construction activities would likely be
limited to nighttime lighting (for security purposes) in the evening/nighttime hours. With
respect to construction and building, §9.22.050 (Noise during construction) of the
Bakersfield Municipal Code limits demolition/grading/construction operations on
weekdays between the hours of 6:00 AM and 9:00 PM, and on weekends between 8:00
AM and 9:00 PM. As construction activities would be limited by the noise ordinance, it is
anticipated that construction-related light and glare impacts would be inherently limited
to this time as well. With implementation of Mitigation Measure 5.4-1, all future
construction-related lighting would be located and aimed away from adjacent
residential areas and consist of the minimal wattage necessary to provide safety at the
construction site. A construction safety lighting plan would be submitted to the Planning
Director on a project-by-project basis for review concurrent with Grading Permit
application. Therefore, short-term light and glare impacts associated with construction
activities would be less than significant after implementation of Mitigation Measure 5.4-1.
Overall, although construction activities could potentially be occurring over several years
within the proposed Project, construction would occur at various sites throughout the
area. Thus, construction at one specific location would be short-term and construction-
related impacts would cease upon Project completion. All new development projects
would be subject to additional environmental and design review on a site-specific,
project-by-project basis to ensure visual aesthetic impacts are limited to the extent
possible.
Mitigation Measures 5.4-1 of the Final EIR reduce impacts below a level of significance.
The measure is as follows:
5.4-1 With submittal of a grading plan for each development phase, the developer
shall provide the location of on-site temporary construction equipment staging
areas. Appropriate screening (e.g., temporary opaque fencing [six feet in
height]) shall be used to buffer views of construction equipment materials,
where feasible. All construction activities shall be consistent will the Bakersfield
Municipal Code requirements and conditions of approval. Staging locations
shall be indicated on final grading plans and be reviewed and approved by
the Planning Director.
Long-Term Character/Quality Impacts
5.4-3 PROJECT IMPLEMENTATION WOULD PERMANENTLY ALTER VIEWS OF AND
ACROSS THE PROJECT SITE, THUS POTENTIALLY DEGRADING THE
CHARACTER/QUALITY OF THE AREA.
Facts Sugportina Finding
Upon Project implementation, the existing open rural character/quality of the Project
area would be permanently altered. The existing on-site structures, orchards, and open
agricultural uses would be replaced with commercial/retail uses within the northern
portion, commercial/office uses within the central portion, and light-industrial uses within
the southern portion of the Project site.
Overall, urban hardscape features would increase upon Project implementation. With o~'6AK4 9~
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JN 60-100334 49 of 89 June 2010 O
'1RIGINAL
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A K E R S F I E L D GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
the implementation of Zoning Ordinance 17.08.140, pertaining to design standards for
large retail developments, the resultant increase in hardscape features would be
reduced. The exterior building walls and fagades would include appropriate projections
or recesses as well as appropriate arcades, display windows, entry areas, or other such
permanent features that would contribute to minimizing hardscape. All building facades
would include repeating color, texture, and material patterns, which would further
reduce hardscape features and provide a dimensionally scaled effect that would
reduce the overall perceived mass of the building. Project structures would also be
required to include prominent architectural characteristics throughout the Project, which
would create a cohesive sense of place. Rooflines would vary in height, and parapets,
mansard roofs, gable roofs, hip roofs, or dormers would be used to conceal flat roofs and
roof-top equipment from public view. Project development would also require the use of
large parking lots. However, with implementation of Zoning Ordinance 17.08.140,
potential visual impacts resulting from the increased hardscape and radiant heat glare
from the parking lots would be reduced. The off-street parking area for the entire area
devoted to the commercial/retail development would be limited between the front
facade of the retail and the abutting streets, unless the parking lots are screened from
view by other freestanding pad buildings or enhanced landscaping features that
incorporate berms, plazas, water elements, or other such features that would reduce
hardscape from public rights-of-way.
In addition to required landscaping in the Bakersfield Municipal Code, the Project would
install landscaping throughout the Project site (Mitigation Measure 5.4-3). Overall, Project
landscaping would be required to be non-invasive, drought tolerant species (i.e., trees,
flowering shrubs, and ground cover) that would vary in height. Additionally, streetscape
would further screen the proposed loading facilities that may be included adjacent to
the retail/commercial uses. With implementation of the Bakersfield Municipal Code and
Mitigation Measure 5.4-3, hardscape features resulting from proposed structures and
parking areas would be softened.
Mitigation Measures 5.4-3 of the Final EIR reduces impacts below a level of significance.
The measures are as follows:
5.4-3 The Project Applicant shall develop a landscape plan that includes non-
invasive, drought tolerant species, and shall comply with the "Big Box
Ordinance" (Bakersfield Municipal Code § 17.04). Project streetscape shall be
included in the landscape plan and shall be designed to further screen
proposed loading facilities and parking lot lighting. The landscape palette
shall vary in height from trees to flowering shrubs to ground cover, and shall
be approved by the City Planning Director prior to ground disturbance. All
proposed commercial uses shall include landscaped street frontages, in
accordance with the Bakersfield Municipal Code.
Light and Glare Impacts
5.4-4 THE PROPOSED PROJECT WOULD GENERATE ADDITIONAL LIGHT AND GLARE
BEYOND EXISTING CONDITIONS.
Facts Supporting Finding
implementation of the proposed Project would convert the Project area to a suburban,
built environment, resulting in the introduction and generation of light and glare. The
proposed Project may create light and glare impacts on off-site uses and introduce new O~~PKF9J.~
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JN 60-100334 50 of 89 June 2010 vORIGINAL
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
e w K E x s F i E o GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
sources of lighting into the Project area. These sources include streetlights, security lights,
parking lot lighting, and interior building lighting. If this lighting is not adequately directed
toward its intended use, it may cause spill-over and cause glare that would present a
nuisance to surrounding uses. Additionally, excessive light spill-over may act as a
deterrent to wildlife in sensitive habitat areas during evening hours, and may present a
nuisance or potential safety hazard by distracting motorists.
The lighting within the proposed Project would be required to comply with applicable
City standards. The Bakersfield Municipal Code indicates that lighting of parking lots
would be shielded and oriented away from future on-site and existing adjacent
residential properties and streets. All proposed signal lighting would utilize directional
lighting techniques. Additionally, Project streetscape would be designed to further
screen proposed parking lot lighting (Mitigation Measure 5.4-3).
Mitigation Measure 5.4-4 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.4-4 During the installation of lighting standards, the Applicant shall ensure that
any exterior lighting does not spill over onto the adjacent uses. All exterior
light fixtures, including street lighting, shall be shielded or directed away from
adjoining uses, pursuant to all applicable lighting standards and requirements
of the Bakersfield Municipal Code and Zoning Code.
5.4-5 THE PROJECT WOULD GENERATE ADDITIONAL LIGHT AND GLARE THAT MAY
CAUSE A VISUAL DISTRACTION FOR THE NEARBY MEADOWS FIELD AIRPORT.
Facts Suoporting Finding
The proposed Project is west of Meadows Field Airport and is separated from the airport
by SR-99. In addition, the proposed Project is located in airport Zone C. The proposed
Project may create light and glare impacts on off-site uses and introduce new sources of
lighting, which could potentially impact the Meadows Field Airport. These sources
include streetlights, security lights, and parking lot lighting (i.e., any source of high-mast
lighting). If this lighting is not adequately directed toward its intended use, it may result in
light spill-over above the horizon line. This could potentially distract pilots, making it
difficult to distinguish between nearby development and airport lighting.
The lighting within the proposed Project would be required to comply with applicable
City standards for street, commercial, and general manufacturing. The Bakersfield
Municipal Code indicates that lighting of parking lots would be shielded and oriented
away from future on-site and existing adjacent residential properties and streets. In
addition, the Federal Aviation Administration (FAA) guidelines suggest that any new
outdoor lighting be shielded so that lights are not aimed above the horizon. The FAA also
recommends that outdoor lighting be flight checked at night to ensure that new lights
do not blind pilots during landings and takeoffs.
Although the proposed Project would introduce additional lighting, extensive exterior
lighting exists within the Implementation of Mitigation Measures 5.4-5a and 5.4-5b, would
ensure that all outdoor lighting would utilize directional lighting techniques and low
wattage bulbs (without compromising site safety or security) that direct light downwards
and minimize light spillover into the horizon. gAK
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JN 60-100334 51 of 89 June 2010 ORIGINAL
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A K E R S F I E L D GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
Mitigation Measure 5.4-5(a-b) of the Final EIR reduces impacts below a level of
significance. The measures are as follows:
5.4-5a Implement Mitigation Measure 5.4-4.
5.4-5b During the installation of lighting standards, the Project Applicant shall ensure
that all exterior lighting is shielded so that lights are aimed below the horizon.
TRAFFIC AND CIRCULATION
Short-Term (Construction) Impacts
5.5-1 PROJECT-RELATED CONSTRUCTION ACTIVITIES WOULD RESULT IN TEMPORARY
CIRCULATION IMPACTS ON NEARBY RESIDENTS, PEDESTRIANS, BICYCLISTS, AND
POTENTIAL TRAFFIC CONGESTION.
Facts Supporting Finding
Anticipated construction-related traffic and circulation impacts would be considered
temporary impacts 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. The TMP would delineate all road closures,
provisions to maintain access to adjacent residential and commercial properties at all
times, prior notices, adequate sign-postings, detours, provisions for pedestrian and
bicycle transportation, and permitted hours of construction activity. Proper detours and
warning signs would be established along the Project site perimeter to ensure public
safety. The TMP shall be devised so that construction would not interfere with emergency
response or evacuation plans and shall include provisions for contacting emergency
service providers regarding road or lane closures and detours. With implementation of
the TMP and mitigation measures, less than significant impacts are anticipated in this
regard.
Mitigation Measures 5.5-1(a-b) of the Final EIR reduces impacts below a level of
significance. The measures are as follows:
5.5-1 a Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be
submitted for review and approval to the City of Bakersfield Public Works
Department, as well as the Kern County Roads Department. The Kern County
Roads Department will only have approval authority for those roads that are
located in unincorporated areas (outside city limits). Such plan shall consist of
prior notices, adequate sign posting, detours (including for pedestrians and
bicyclists), proper lighting (where appropriate), fencing and shielding, proper
storage of equipment and supplies, and covering loose piles of soil or other
earthen material. The TMP shall specify implementation timing of each plan
element (prior notices, sign posting, detours, etc.) as determined appropriate
by the City and County Engineers. County Engineers will only have approval
authority over those roads located outside city limits. 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 as it applies to
emergency response or evacuation plans.
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r)RIDINAL
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
e n K E R s e i E o GPA/ZC No. 06-22471 Annexation No. 608
SCH No. 2007101059
5.5-1 b During development the Project Contractor shall establish proper detours and
warning signs to ensure public safety. This includes the use of proper lighting
(where appropriate); fencing and shielding; proper storage of equipment and
construction supplies; proper covering of roadway trenches; and proper
covering of loose soil, silt, clay, sand debris, or other earthen material.
Traffic Generation Impacts- Year 2015
5.5-2 PROJECT IMPLEMENTATION MAY CAUSE A SIGNIFICANT INCREASE IN TRAFFIC
WHEN COMPARED TO THE TRAFFIC CAPACITY OF THE STREET SYSTEM AND MAY
EXCEED AN ESTABLISHED LOS STANDARD.
Facts Supporting Finding
The Project consists of a commercial center with retail stores, restaurants, a movie
theater, approximately 332,000 square feet of office space, and approximately 1,376,496
square feet of light industrial uses. Access to the Project site is proposed via Coffee
Road, Seventh Standard Road, Quail Creek Road, Etchart Road, Snow Road, and
Fruitvale Road. The traffic related to the proposed Project was calculated in
accordance with the following accepted procedural steps: (1) trip generation; (2) trip
distribution; and (3) traffic assignment. The proposed Project is forecast to generate
approximately 55,709 daily trips, which include approximately 2,431 AM peak-hour trips
and approximately 5,527 PM peak-hour trips.
Mitigation Measures 5.5-2(a-d) of the Final EIR reduces impacts below a level of
significance. The measures are as follows:
5.5-2a Prior to issuance of any building permits, the Project Applicant shall participate
in the City's Regional Transportation Impact Fee (RTIF) Program. The Project
Applicant shall submit funding calculations for all improvements associated with
the RTIF Program pursuant to Table 6 and Table 8 of the Project's Traffic Impact
Study (McIntosh and Associates, 2008 [Appendix 15.4]), and to the satisfaction
of the City's Public Works Department.
5.5-2b Prior to issuance of any building permits, for impacted intersection and
roadway segment improvements subject to fair-share improvements (refer to
Table 6 and Table 8 from the Project's Traffic Impact Study [McIntosh and
Associates, 2008, Appendix 15.4]), the Project Applicant shall participate in the
improvements required on a pro-rata, fair-share basis, as indicated in the
Recommended Improvements.
5.5-2c Prior to Year 2015 Project buildout, the Project Applicant shall provide a
signalized intersection at Coffee Road/Project Entrance #7.
5.5-2d Prior to Year 2015 Project buildout, the Project Applicant shall provide the
following lanes beyond the existing conditions at the Seventh Standard
Road/Project Entrance #4 intersection: one additional eastbound through lane
and one additional westbound through lane.
O~0AKF9~
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JN 60-100334 53 of 89 June 2010
ORIGINAL
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A K E R S F I E o GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
Alternative Transportation Systems
5.5-3 THE PROPOSED PROJECT WILL ACCOMMODATE ALTERNATIVE MODES OF
TRANSPORTATION (TRANSIT SERVICE AND PEDESTRIAN AND BICYCLE PATHS)
WITHIN THE PROJECT SITE VICINITY.
Facts Supporting Finding
Future development on-site will be designed to facilitate safe pedestrian and bicycle
travel. Actual location of pedestrian/bicycle road crossings would be considered during
the development review process upon receipt of definitive site plans.
Development of the Project site in accordance with the goals and policies of the MBGP
and site plan review by the City, GET, and Kern Transit, would serve to enhance
alternative modes of transportation within the City by providing additional destinations
for the public transit users. This is seen as a long-term beneficial impact.
Mitigation Measures 5.5-3(a-b) of the Final EIR reduces impacts below a level of
significance. The measures are as follows:
5.5-3a Prior to issuance of any building permits, the Project Applicant shall work with
the City, GET, and Kern Regional Transit to determine bus stop, and/or transit
center, locations to accommodate pedestrian, bicycle, and public transit
traffic.
5.5-3b Prior to final site design, the Project Applicant shall work with the City, GET, and
Kern Regional Transit to determine optimal building orientation for accessibility
by patrons arriving by foot, bicycle, public transit, or by private vehicle.
Railroad Crossings Impacts
5.5-4 IMPLEMENTATION OF THE PROPOSED PROJECT MAY RESULT IN UNSAFE
CONDITIONS AT ROADWAY AT-GRADE RAILROAD CROSSINGS IN THE STUDY
AREA.
Facts Supporting Finding
The California Public Utilities Commission (CPUC) provides standards for construction of
at-grade railroad crossings that should be adhered to in design of any crossings affected
by the proposed Project. The crossings would be required to have adequate safety
measures in place such as proper warning signals, lights, striping, median separation, and
parking restrictions.
All vehicular traffic facilities adjacent to the proposed Project and within the vicinity of
the existing at-grade railroad crossings are projected to operate at unacceptable LOS
for Seventh Standard Road and Snow Road. Through the implementation of the required
improvements/mitigation measures identified under Impacts 5.5-2 and 5.5-3, acceptable
LOS would be achieved. The acceptable LOS along with appropriate intersection and
roadway segment improvements should help to ensure that traffic queues do not extend
across existing at-grade railroad crossings.
Access to the railroad adjacent to the eastern edge of the proposed Project site would
not change as a result of this proposed Project. No mitigation is required for tht~PKF9~,
-n
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JN 60-100334 54 of 89 June 201 ORIGINAL
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
e w K E R s F[ e GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
continued access to the railroad.
Mitigation Measures 5.5-4(a-b) of the Final EIR reduces impacts below a level of
significance. The measures are as follows:
5.5-4a All roadway segments which contain railroad crossings and require
improvements shall include railroad crossing safety measures such as proper
warning signals, lights, striping, median separation, and parking restrictions, as
outlined in the California Public Utilities Commission (CPUC) guidelines.
5.5-4b Implement Mitigation Measure 5.5-2a and 5.5-2b.
NOISE
Short-Term (Construction) Impacts
5.6-1 GRADING AND CONSTRUCTION WITHIN THE PROJECT AREA MAY RESULT IN
TEMPORARY NOISE IMPACTS ON NEARBY NOISE SENSITIVE RECEPTORS.
Facts Supporting Finding
Construction noise would be most noticeable during the initial months of site grading.
The primary sources of acoustical disturbance would be random incidents, which would
last less than one minute, such as dropping large pieces of equipment or the hydraulic
movement of machinery lifts. Standard residential construction in California provides a
20-dBA reduction of interior noise levels with windows closed and a 12-dBA reduction
with windows open. Additionally, noise levels will drop off at a rate of six decibels per
each doubling of distance (e.g., 100 feet, 200 feet, and 400 feet). Existing residences
further away from the proposed Project and those blocked by other existing structures
would experience lower construction noise levels emanating from the Project area. Per
the Bakersfield Municipal Code, construction would be limited to the hours of 6:00 AM to
9:00 PM on weekdays and 8:00 AM and 9:00 PM on weekends. Implementation of the
recommended mitigation measures (i.e., engine muffling, placement of construction
equipment, and stockpiling/staging of construction vehicles) would mitigate short-term
noise to a less than significant impact.
Mitigation Measures 5.6-1(a-d) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.6-1a Prior to issuance of grading permits, the Contractor shall provide evidence
acceptable to the City Planning Department that: (1) all construction
equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall
be equipped with properly operating and maintained mufflers; and (2)
construction activities shall be limited to the designated daytime hours as
specified by the City of Bakersfield (currently 6 AM to 9 PM on weekdays and 8
AM and 9 PM on weekends). No construction is allowed on Federal holidays.
These restrictions apply to all trucks, vehicles, and equipment that are making or
involved with material deliveries, loading or transfer of materials, equipment
service, and maintenance of any devices for or within the Project construction
site.
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ORlGINA!
• CITY OF BAKERSFIELD
Saco Ranch Commercial Center
a w K e R s e► e GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
5.6-1 b During construction, stationary construction equipment shall be placed such
that emitted noise is directed away from noise-sensitive receptors, to the
satisfaction of the Building Official. Additionally, the Project Contractor shall
provide evidence of the placement of the stationary equipment to the Building
Official.
5.6-1 c Prior to approval of the Project plans and specifications by the City Building
Department, the construction contractor shall incorporate feasible muffling
features into all construction vehicles and equipment and into construction
methods, and shall maintain all construction vehicles and equipment in efficient
operating condition.
5.6-1 d Prior to approval of the Project plans and specifications by the City Building
Department, stockpiling and construction vehicle staging areas shall be
located as far away as practical from noise-sensitive receptors during
construction activities.
Stationary Source Impacts
5.6-4 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD RESULT IN THE
GENERATION OF ON-SITE NOISE ASSOCIATED WITH FUTURE INDUSTRIAL USES,
MECHANICAL EQUIPMENT, PARKING LOTS, TRUCK CIRCULATION, AND LOADING
DOCKS.
Facts Supporting Finding
The following discusses potential stationary source noise impacts associated with the
proposed Project.
Industrial
Noise production due to future Project industrial uses may impact nearby existing
residential uses to the south on Snow Road and future residential uses located on the
northeast corner of Coffee Road and Etchart Road. The Project-related industrial uses
are unknown at this time. Therefore, per Mitigation Measure 5.6-2, it would be necessary
for a qualified acoustical consultant to prepare a focused acoustical report prior to the
approval of site plans for proposed industrial uses. The acoustical study would provide
appropriate measures (i.e., building siting/setbacks, source noise control, etc.) to reduce
any potential noise impacts to a less than significant level.
Mechanical Eauipment
Mechanical equipment such as heating, ventilation, and air conditioning (HVAC) units,
and garbage compactors, emergency generators, and refrigeration equipment would
likely be included as part of future commercial, office, and industrial land uses.
Compliance with the MBGP and Bakersfield Municipal Code would minimize noise
impacts. Noise levels from mechanical equipment would be further reduced with
implementation of mitigation requiring the orientation of equipment away from any
sensitive receptors, proper selection of equipment, and installation of equipment with
proper acoustical shielding. Implementation of the Mitigation Measure 5.6-4b and
compliance with the City of Bakersfield provisions would reduce the impact to a less than
significant level. , m
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JN 60-100334 56 of 89 June 2010
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
a n K E R s e► E L GPA/ZC No. 06-2247 /Annexation No. 608
SCH No. 2007101059
Parking Lot
The proposed parking lot associated with the Project is located on the western side of
the site. According to the Environmental Noise Assessment conducted by Bollard
Acoustical Consultants, Inc., a typical sound exposure level (SEL) due to automobile
arrivals/departures, including car doors slamming and people conversing, is
approximately 72 dBA at a distance of 50 feet. The maximum noise level (1-max) is
approximately 63 dBA at 50 feet. Assuming an attenuation rate of -6 dBA per doubling
distance from the noise source, noise exposure from a single car operation in the
western-most proposed Project parking lot would be approximately 48 dBA SEL and 39
dBA Lmax at the closest residential property line on the future Quail Creek Road (760 feet
away). It is assumed that approximately 390 cars could enter or leave the parking area
within a worst-case hour of operations. The proposed parking lot would be expected to
produce an unmitigated noise exposure of approximately 38 dBA Peak Hour Leq at the
closes residential property line. Since noise levels from the on-site parking lot does not
exceed City thresholds, noise impacts from parking lot activities would be less than
significant.
Truck Circulation
Daily operations of the proposed major retail stores located on the west side of the
proposed Project would include deliveries of goods to the stores via tractor-trailer trucks.
Based on the Environmental Noise Assessment, it is assumed that a maximum of three
heavy truck deliveries could occur during a worst-case hour of operations. It is assumed
that heavy trucks would enter and exit the project site via the future Quail Creek Road.
The distance between the assumed truck lane and the closest noise-sensitive residential
receptor to the southwest would be approximately 350 feet.
Trucks en route to/from the loading docks are estimated to produce an average SEL and
Lmax of approximately 87 dBA and 75 dBA, respectively, at a distance of 50 feet. At the
nearest residential property to the southwest, the unmitigated noise exposure associated
with truck movements on the proposed Project are predicted to be approximately 70
dBA SEL and 58 dBA Lmax, based on a standard spreading loss factor of -6 dBA per
doubling distance from the noise source.
Assuming that three truck deliveries (six total truck trips) could occur during a continuous
one-hour period, the calculated truck circulation noise exposure (unmitigated) at the
closest residential receiver is approximately 42 dBA Hourly Leq, The noise exposure level
due to truck circulation is below the City noise standard. Therefore, noise impacts from
truck circulation would be less than significant.
Project Loading Docks
Primary noise sources associated with the retail center loading docks include heavy
trucks stopping (air brakes), backing into the loading dock (back-up alarm), and pulling
out of the loading dock (revving engine). Once a truck has backed into one of the
docks, it is generally unloaded from inside of the store so a large portion of the unloading
noise is contained within the building and truck trailer.
The proposed loading docks for the western-most stores of the retail center are to be
located on the south side of the buildings, approximately 450 to 940 feet from the
nearest noise-sensitive residential receiver to the southwest. According to the,'), F9~
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SCH No. 2007101059
Environmental Noise Assessment, loading dock noise exposure would be approximately
63 dBA Hourly Leq and 85 dBA Lmax at a distance of 50 feet from the center of the loading
docks. These levels represent continuous activity at the measured loading docks,
including activity from all of the above-mentioned noise sources. Assuming a noise
attenuation of 6 dBA per doubling of distance from the loading docks, unmitigated
loading dock noise exposure at the closest residence to the southwest would be
approximately 46 dBA Hourly Leq and 66 dBA Lmax.
The calculated noise exposure from assumed loading dock activities does not account
for any acoustical shielding provided by anticipated loading dock walls. This shielding
would further reduce the noise exposure from this source. Since the noise exposure level
from Project loading docks is less than the City's maximum standard, noise impacts from
loading docks would be less than significant. Additionally, per Mitigation Measure 5.6-4c,
5.6-4c heavy truck deliveries and associated loading dock activities at the proposed
retail stores on the west side of the development would only be allowed to occur during
daytime hours (7 AM to 10 PM).
Cumulative Project Commercial Noise Exposure
Cumulative noise exposure from proposed Project parking lot, heavy truck circulation,
and loading dock activities on the west side of the development would be anticipated
to produce noise exposure of approximately 48 dBA Leq, 66 dBA Lmax, and 43 L5o during
any given worst-case noise-generating hour at the closest existing residences to the
southwest. These levels do not exceed the City's noise exposure performance standards.
However, the maximum noise level (loading dock) would likely exceed the existing
nighttime ambient noise exposure by a significant amount, resulting in a significant
impact. Implementation of Mitigation Measure 5.6-4 would further reduce this impact to
a less than significant level.
Mitigation Measures 5.6-4(a-c) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.6-4a Prior to obtaining grading permits for the proposed industrial uses, a focused
acoustical analysis shall be prepared to evaluate stationary mechanical
equipment and building placement to ensure compliance with the
Metropolitan Bakersfield General Plan (MBGP) and Bakersfield Municipal Code
noise standards.
5.6-4b Noise levels from mechanical equipment associated with the proposed Project
shall be required to be reduced through orientation of equipment away from
any sensitive receptors, proper selection of equipment, and installation of
equipment with proper acoustical shielding. Compliance with the MBGP and
Bakersfield Municipal Code would further minimize noise impacts.
5.6-4c Heavy truck deliveries and associated loading dock activities at proposed retail
stores on the west side of the development shall occur during daytime hours (7
AM to 10 PM) only.
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SCH No. 2007101059
AIR QUALITY
Short-Term Emissions (Construction)
5.7-1 TEMPORARY CONSTRUCTION-RELATED DUST AND VEHICLE EMISSIONS WOULD
OCCUR DURING CONSTRUCTION WITHIN THE PROJECT AREA.
Facts Supporting Finding
Construction Emissions Quantification
Short-term impacts from the Project will primarily result in fugitive particulate matter
emissions during construction. Grading, excavation, trenching, filling, and other
construction activities result in increased dust emissions. SJVAPCD Regulation VIII specifies
control measures for specified outdoor sources of fugitive particulate matter emissions.
Rule 8011 contains administrative requirements, Rule 8021 applies to construction
activities, and Rule 8071 applies to vehicle and equipment parking, fueling, and service
areas. The SJVAPCD does not require a permit for these activities, but does impose
measures to control fugitive dust, such as the application of water or a chemical dust
suppressant.
Construction 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, and PMio.
Exhaust emission factors for typical diesel-powered heavy equipment are based on U.S.
EPA AP-42 emissions factors. Actual exhaust emissions will vary substantially from day to
day. Numerous variables factored into estimating total construction emissions include:
level of activity, length of construction period, number of pieces and types of equipment
in use, site characteristics, weather conditions, number of construction personnel, and
amount of materials to be transported onsite or offsite. Additional exhaust emissions
would be associated with the transport of workers and materials. Because the specific
mix of construction equipment in a build-out period is not presently known for the
proposed Project, specific equipment emissions on a yearly basis are estimated.
Construction Related Criteria Pollutant Impacts
The Bakersfield area and the San Joaquin Valley are designated non-attainment for
particulates for both state and federal standards. Although the proposed land uses are
not considered a potential source for significant particulate emissions, fugitive particulate
emissions will occur during construction. Control measures are required and enforced by
the SJVAPCD under Regulation VIII. As stated in GAMAQI, the SJVAPCD guidance
document. The following three rules related to fugitive dust control apply to this Project:
• Rule 8011 - Fugitive dust administrative requirements for control of fine particulate
matter.
• Rule 8021 - Fugitive dust requirements for control of fine particulate matter from
construction, demolition, excavation, extraction, and earthmoving activities.
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• Rule 8071 - Fugitive dust requirements for control of fine particulate matter from
vehicle and/or equipment parking, shipping, receiving, transfer, fueling, and service
areas one acre or larger.
In addition, the Project should include the following as requirements of the local
municipal code:
• Water sprays or chemical suppressants must be used in all unpaved areas to
control fugitive emissions.
• All access roads and parking areas must be covered with asphalt-concrete paving.
Based on the analysis, construction impacts would be mitigated to less than significant
levels with compliance with Regulation VIII of the SJVAPCD and the Bakersfield Municipal
Code.
Construction Toxic Air Emissions
The Air Quality Impact Assessment modeled construction activities to determine if a
significant health risk on nearby sensitive receptors (i.e. schools, residences, hospitals) would
occur. For this analysis, all land uses other than commercial, agricultural, and industrial are
considered sensitive receptors.
In order to take the health effects of diesel particulate emissions into account, the
emissions from the equipment were calculated and included in the health risk
assessment model. The emission rate for diesel particulate matter from the construction
equipment was taken from the EMFAC and URBEMIS models. Although the actual
stationary sources for the Project are unknown at present time, the Air Quality Impact
Assessment provided a representative list of land uses types for analysis of Project
stationary source emissions. The following is a list of sources used for the operational
phase of the Project: two gas stations; one emergency generator, one dry cleaner,
seven restaurants, one potential light industry; ten diesel trucks, and ten transportation
refrigeration units (TRUs). Emission estimates were based on hourly and annual emission
calculations.
Cancer risk coefficients from human data are typically considered proportional to
pollutant concentrations at any level of exposure (i.e., a linear, no-threshold model),
which is conservative at low environmental doses. The total individual excess cancer risk
is defined as the cancer risk a hypothetical individual faces if exposed to carcinogenic
emissions from a particular facility continuously, 24 hours a day, 365 days a year, for a 70
year lifetime. This risk is defined as an excess risk because it is above and beyond the
background cancer risk to the population. Based on the results of the dispersion
modeling, there is not a significant individual cancer risk associated with this Project.
OEHHA has established No Adverse Effect Level (NAEL) concentrations, which in effect is
a threshold of significance for estimating cancer risks from toxic air contaminants. In
determining these thresholds, OEHHA has assumed continuous exposure, 24 hours a day,
365 days a year, with a 70-year exposure. Per the OEHHA guidelines, the exposure levels
are below the chronic NAEL thresholds, and thus would result in a less than significant
impact.
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SCH No. 2007101059
Valley Fever
Coccidioidomycosis, more commonly known as "Valley Fever," is an infection caused by
inhalation of the spores of the Coccidioides immitis fungus. The fungus is prevalent in the
soils of California's San Joaquin Valley, particularly in Kern County. The ecologic factors
that appear to be most conducive to survival and replication of the spores are high
summer temperatures, mild winters, sparse rainfall, and alkaline, sandy soils.
The soils in the area of Sharks Tooth Hill in Northeast Bakersfield which is endemic for San
Joaquin Valley Fever, Coccidioidomycosis, is composed of the decomposed marine
Round Mountain Silt Member of the Miocene Monterey Formation. The soil in the area of
the project is derived from decomposing Quaternary fluvial deposits as sourced from the
Sierra Nevada Mountains, composed of Cretaceous granites. This rock type would lead
to similar soils based upon the similar mineralogical and consequent chemical content. .
However, the proposed Project area is not underlain by the type of sediments that are
known to contain Valley Fever spores. Considering the SJVAPCD Regulation VIII dust
control measures, the risk of contacting Valley Fever in connection with the cumulative
impact of the subject projects is considered to be unlikely.
Mitigation Measures 5.7-1(a-d) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.7-1 a Prior to issuance of any building permits, the Project Applicant shall enter into a
Voluntary Emissions Reduction Agreement (VERA) with the San Joaquin Valley
Air Pollution Control District (SJVAPCD) to reduce ROG, NOx, and PM1o impacts
to zero. Off-road construction equipment used on site shall achieve fleet
average emissions equal to or less than the Tier II emissions standard of 4.8 NOx
g/hp-hr. This can be achieved through any combination of uncontrolled
engines and engines complying with Tier II and above engine standards.
5.7-1 b Prior to grading plan approval, the Project Applicant/Developer shall submit
documentation to the City of Bakersfield Planning Department that they
will/have met all air quality control measures required by the SJVAPCD.
5.7-1 c Prior to issuance of any building permits, Contractors and/or the Project
Developer shall submit a written statement to the City of Bakersfield Planning
Department stating that they shall maintain records documenting compliance
with all mitigation measures as required and shall make such records available
to the SJVAPCD upon request.
5.7-1 d Prior to the issuance of any building permits, Contractors and/or the Project
Developer shall submit a written statement that they will allow an authorized
representative of the SJVAPCD to review construction equipment activity and
mitigation measure records for the purpose of assuring compliance with the
applicable requirements of these mitigation measures (5.7-1 a through 5.7-1d)
and all development requirements.
Long-Term Impacts (Operational)
5.7-2 THE PROJECT WOULD RESULT IN AN OVERALL INCREASE IN THE LOCAL AND
REGIONAL POLLUTANT LOAD DUE TO DIRECT IMPACTS FROM VEHICLE EMISSIONS
AND INDIRECT IMPACTS FROM ELECTRICITY AND NATURAL GAS CONSUMPTION. o~gAKF9
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SCH No. 2007101059
Facts Supporting Finding
As a result or normal day-to-day activities occurring on the Project site after occupation,
operational emissions would be generated by both stationary and mobile sources.
Stationary source emissions are those generated by the consumption of natural gas for
space and water heaters, landscape maintenance equipment, and consumer products.
Mobile emissions are those generated by the motor vehicles traveling to and from the
Project site, including heavy-duty diesel trucks.
Area Source Emissions
Input into the URBEMIS 2007 (Version 9.2.4) model was obtained from traffic data
provided by the Project traffic engineer and assumptions on the nature of land uses
constructed within the proposed Project. Electricity and natural gas are utilized by almost
every commercial and residential development. URBEMIS 2007 Version 9.2.4 default
inputs were used to generate the emissions for the area sources.
Existina Aaricultural Emissions
The proposed Project site is under cultivation with almonds and peaches. Construction of
the proposed Project will ultimately remove this agricultural land from cultivation. Existing
sources of air pollutant emissions include agricultural equipment, land preparation,
fugitive wind-blown dust, crop harvesting, unpaved farm roads, and work areas. PM1o
emissions from fugitive dust are released into the atmosphere during land preparation
prior to planting and after harvesting activities. Agricultural activities at the proposed
Project site are estimated to generate approximately 0.11 tons per year of ROG
emissions, 1.02 tons per year of NOx emissions, and 5.49 tons per year of PM1o emissions.
Mobile Source Emissions (Vehicular Emissions)
Build-out of the proposed Project would increase vehicle trips in the San Joaquin Valley.
The vehicles associated with these trips would emit criteria pollutants, including NOx and
ROG, which are considered to be ozone precursors. The Bakersfield area is a
nonattainment area for Federal air quality standards for ozone and particulates.
Nitrogen oxides and reactive organic gases are regulated as ozone precursors. A
precursor is defined by the SJVAPCD as "a directly emitted air contaminant that, when
released into the atmosphere, forms or causes to be formed or contributes to the
formation of a secondary air contaminant for which an ambient air quality standard has
been adopted..."
Vehicle emissions have been estimated for year 2030, the expected proposed Project
completion date, using the URBEMIS 2007, Version 9.2.4 computer model. Trip generation
rates were obtained from the traffic study that was prepared for the proposed Project.
None of the predicted criteria emissions exceed the applicable significance level after
voluntary emission reductions.
Stationary Source Impacts (Operational Phase)
There are several potential sources of Criteria Pollutant emissions from the potential uses
allowed in the proposed plan. The potential uses at build-out include: two gas stations; Z P1Kk
one emergency generator; seven restaurants; one dry cleaner; ten diesel trucks idling for o~ 9~
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SCH No. 2007101059
five minutes and ten truck refrigeration units (TRUs) operating for 30 minutes; and
potential industrial uses. Fueling stations were quantified utilizing the trip rate from the
Institute of Transportation Engineers manual for a gas station with convenience market.
The fast food restaurants and sit down restaurants were assumed to operate 24 and 12
hours per day respectively. The dry cleaner was assumed to operate 12 hours per day.
The criteria pollutant emissions for each source are included in Appendix 15.6, AIR
QUALITY IMPACT ASSESSMENT.
A portion of the Project site is planned to be industrial in nature. There are numerous
possible uses associated with an industrial zoning, all of which would be subject to the
District permitting process (New Source Review) if they emitted air pollutants. Therefore,
estimates of potential emissions from the proposed industrial zoning have been made. As
a part of the District permitting process, any emissions exceeding the District's offsetting
thresholds would have to be offset back to the thresholds on a stationary by stationary
source basis. The maximum ozone precursor emissions that would not be offset would be
10 tons per year of ROG and NOx per stationary source. Any amount over the 10 tons
would need to be offset at a ratio of 1.5 to 1, with the option of a 1.2 to 1 ratio if the
District is able to demonstrate use of best available control technology on all major
sources. Any amount over the 14.6 tons per year for PMio would need to be offset at
ratios ranging from 1.0:1 to 1.5:1 depending upon the location of offset emission.
The Light Industrial uses have not been defined at this time. In order to provide a
conservative estimate of emissions, several industrial land uses were chosen from the list
of permitted uses of M-2 General Manufacturing zone. Stationary sources are required to
demonstrate that the emissions do not exceed the PSD SIL and do not cause a health risk
above 10 in a million. The project design in the form of an emissions cap provides for
emission from the M-2 General Manufacturing Stationary Sources that will not exceed the
mandatory significance level. The proposed Project, as designed, will not impede
progress toward attainment of any non-attainment pollutants or to cause a health risk
above 10 in a million.
For a conservative estimate the stationary sources at build-out assumed in the modeling
are: two fueling stations, one emergency generator operating maximum 20 minutes a
day; one potential use of industrial use; one dry cleaner, four fast food restaurants, and
three sit-down restaurants. The impact of a diesel engine, which was assumed to be
operating for a maximum of twenty minutes per day at an industrial site, has also been
included in this analysis. The emissions used in the modeling represent the worst case
potential emissions as a result of the proposed Project. The emission used in the modeling
for the potential industrial uses are maximum possible emissions that can be generated.
As a Project design feature, the potential industrial uses shall not exceed the emissions
that were used in the modeling to remain below significance thresholds. The maximum
predicted impacts were compared to the applicable Ambient Air Quality Standards
(NAAQS and CAAQS) and PSD SIL. The impacts are individually below the applicable
standards, therefore, the impacts are considered less than significant.
Carbon Monoxide Hot Spots Impacts
Carbon monoxide emissions are a function of vehicle idling time, meteorological
conditions and traffic flow. Under certain extreme meteorological conditions, CO
concentrations near a congested roadway or intersection may reach unhealthful levels
(i.e., adversely affect residents, school children, hospital patients, the elderly, etc.). o~0PKF9`i'~
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SCH No. 2007101059
Per the SJVAPCD, CO "Hot Spot" modeling is required if traffic data reveals that the
proposed Project would reduce the traffic level of service (LOS) on one or more streets to
E or F; or, if the Project would worsen an existing LOS F. Based on the traffic study
prepared for the proposed Project, a CO Hot Spot analysis was performed on following
two intersections: Seventh Standard Road and Coffee Road and Olive Drive and
Knudsen Road. The CO hot spot modeling results were compared to the California
ambient air quality standards for carbon monoxide of 9 ppm on an 8-hour average, and
20 ppm on a 1-hour average. Neither the 1-hour average nor the 8-hour average would
be equaled or exceeded at any of the intersections studied. Therefore, the impacts in
regards to CO hot spots would be less than significant for the proposed Project.
Total Proiect Operational Emissions
The emissions from the proposed Project are described in terms of operational emissions
(mobile source emissions) and area source emissions. Transportation control measures
and design features can be incorporated into the proposed Project to reduce emissions
from mobile sources. The control measures that have been incorporated into the Project
modeling provide a strategy to reduce vehicle trips, vehicle use, vehicle miles traveled,
vehicle idling, and traffic congestion, and so to consequently reduce motor vehicle
emissions.
Lona-Term Emissions Minimization Measures
The developer proposes to enter into a Voluntary Emission Reduction Agreement with the
SJVAPCD to mitigate related ROG, NOx and PMio emissions to zero; therefore, the
SJVAPCD significance thresholds for NOx and ROG would not be exceeded. Under the
Voluntary Emissions Reduction Agreement, the developer would identify and propose to
the SJVAPCD opportunities to reduce emissions to fully mitigate the proposed Project's
air impact, including but not limited to opportunities for removal or retrofitting of
stationary, transportation, indirect, and/or mobile pollution source equipment.
Additionally, the proposed Project would incorporate the following Emission Reduction
Design Features:
• Utilization of land use designs, which create walkable communities and encourage
pedestrian travel.
• Utilization of interconnecting sidewalks, walking paths and/or bike paths in order to
encourage travel by means other than motor vehicle.
• Utilization of appropriate landscaping to create reasonable shade canopies for
streets, parkways and parking areas.
• Utilization of roadway designs, which enhance pedestrian safety by appropriate
signaling, signage and separation from traffic.
Prior to issuance of grading permits for the proposed Project, the developer would
prepare and submit dust control plans for the areas to be graded, in accordance with
District Regulation VIII. The Plan would be prepared consistent with District Regulation VIII
and must be reviewed and approved by the SJVAPCD prior to commencement of
grading activities. Each contractor working on the proposed Project site shall implement
the dust control measures outlined in the approved dust control plan. The dust control
measures selected shall be incorporated as a note on each grading plan. The SJVAPCD
maintains New Source Review requirements that direct owners/operators of certain types
of stationary equipment to obtain an Authority to Construct ("ATC") and Permits tq~ 6AK,,q
Operate ("PTO") from the SJVAPCD. As part of this process, the need for emission contrab 1p,
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equipment is assessed and the SJVAPCD determines whether a Health Risk Assessment
("HRA") must be prepared. Owners/operators of all stationary sources for which such
approvals are required should show proof of compliance with District Rules and
Regulations prior to issuance of certificates of occupancy.
Mitigation Measures 5.7-2(a-b) of the Final EIR reduces impacts below a level of
significance. The measures are as follows:
5.7-2a Prior to grading plan approval, the Project Applicant shall submit
documentation to the City of Bakersfield Planning Department that they
will/have met all air quality control measures required by the San Joaquin
Valley Air Pollution Control District (SJVAPCD). Prior to submittal of a site plan,
the developer shall consult with the SJVAPCD to determine if a site specific
Health Risk Assessment is warranted. If warranted, the developer shall prepare
such a health risk assessment and submit the same to the SJVAPCD for review
and permitting. Proof of compliance with this condition shall be submitted to
the Planning Director prior to site plan approval.
5.7-2b Prior to the issuance of grading permits, the Project Applicant shall demonstrate
that the following features are incorporated into the Project design:
• Sidewalks shall be installed on both sides of the streets; and
• Bicycle lanes shall be installed on arterials and collectors
Cumulative Impacts
5.7-5 IMPACTS ON REGIONAL AIR QUALITY RESULTING FROM THE PROPOSED PROJECT
AND CUMULATIVE PROJECTS MAY IMPACT EXISTING REGIONAL AIR QUALITY
LEVELS ON A CUMULATIVE BASIS.
Facts Supporting Finding
The Air Quality Impact Assessment considered the affects of the proposed Project with
the cumulative impacts of growth in the area. In addition to the criteria pollutants for
which direct regulatory standards have been established, the construction and
operation of the proposed Project would involve the production of a variety of other
gases, such as carbon dioxide, which are believed to play a role in on-going climate
change. The SJVAPD has published Air Quality Guidelines for General Plans which
includes goals, policies and programs designed to improve air quality by implementation
of design features that reduce vehicle trips and miles traveled. The proposed Project's
design contains features which reduce greenhouse gas emissions through a reduction in
vehicle miles traveled. It is estimated that the vehicle miles traveled and the resultant
greenhouse gas emissions for the proposed Project will be below the California average
per service population.
The proposed Project's design is also consistent with policies in the MBGP Land Use and
Circulation Elements which are designed to reduce emissions from mobile sources
through land use planning. Mitigation measures applied in the proposed Project such as
increased energy efficiency, landscaping, etc. would further reduce the GHG emissions.
The proposed Project's greenhouse gas emissions, as quantified in the Air Quality Impact
Analysis prepared for the Project, represents a reduction of greater than 30 percent from
the state's projected BAU emissions and a reduction of greater than 10 percent from the vr'nt-90,
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2002-2004 average emissions. Therefore, in accordance with the CARB's AB 32 Scoping
Plan and SJVAPCD's Climate Change Action Plan Addressing Greenhouse Gas Emissions
under the California Environmental Quality Act, Draft Staff Report, June 30, 2009, the
proposed Project will have a less than significant and less than cumulatively considerable
impact on global climate change/greenhouse gases.
The year 2020 Project emissions per service population would be 0.68 MTC02E. The
proposed Project's reduction in emissions per service population is significantly above the
2020 target reduction levels of 30 percent below the BAU and 15 percent below the 2008
baseline. Therefore, the proposed Project's contribution to climate change gas emissions
is considered less than significant.
Mitigation Measures 5.7-5(a-c) of the Final EIR reduces impacts below a level of
significance. The measures are as follows:
5.7-5a Refer to Mitigation Measure 5.7-2, above.
5.7-5b Prior to issuance of any building permit, the Project Applicant shall enter into a
Voluntary Emission Reduction Agreement (VERA) with the San Joaquin Valley Air
Pollution Control District (SJVAPCD) to reduce net ROG, NOx, and PMio impacts
to net zero (No impact level as determined by the SJVAPCD).
5.7-5c Mitigation measures listed below are the result of impact mitigation for non-
greenhouse gas related issues such as Air Quality, Biological Resources, Land
Use, Transportation, and Water Resources. These Project mitigation measures
provide efficiency related reductions in greenhouse gas emissions, opportunity
to avoid use of combustion engine vehicles, and create greenhouse gas sinks:
• During all phases of construction, construction equipment shall be
properly and routinely maintained, as recommended by manufacturer
manuals, to control exhaust emissions.
• During all phases of construction, all contractors shall restrict equipment
and vehicle idling to five minutes or less.
• The Project Applicant shall develop a ride-share incentive program for
construction workers.
• On-site electrical hookup shall be installed for electric hand tools such as
saws, drills and compressors, to substantially decrease the need for fuel
powered electric generators and other fuel-powered equipment.
• Utilize interconnecting sidewalks, walking paths, and/or bike paths in order
to encourage travel by means other than by motor vehicle, per Title 12 of
the Bakersfield Municipal Code.
• Utilize landscaping to create shade canopies for streets, parkways, and
parking areas.
• Utilize roadway designs which enhance pedestrian safety by appropriate
signaling, signage, and separation from traffic, per the Bakersfield
Municipal Code requirements.
• Comply with California's Title 24 Energy Efficiency Standards. Title 24
energy compliance is required to be submitted prior to issuing building
permits.
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• Increase the capacity of the existing road system through improved
signalization, more right turn lanes, and traffic control systems.
• Recycle construction debris.
BIOLOGICAL RESOURCES
Short-Term (Construction) Impacts
5.8-1 CONSTRUCTION OF THE PROPOSED PROJECT WOULD RESULT IN TEMPORARY
IMPACTS ON BIOLOGICAL RESOURCES IN THE PROJECT AREA.
Facts Su ortin Findin
Grading activities would disturb soils and result in the accumulation of dust on the
surface of leaves, trees, shrubs, and herbs in the Project area. In addition, during
construction of the proposed Project, it is likely that noise levels on the Project site would
increase above existing noise levels, and then return to a lower level following the
completion of the construction period. Temporary increases in noise levels may disturb
resident animals in the vicinity. The Project is not expected to result in wildlife
displacement adjacent to the site due to increased disturbance.
Mitigation Measures 5.8-1(a-c) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.8-la During grading and construction, the Project Contractor shall ensure all trash
and food waste is disposed of in closed containers and regularly removed from
the Project site during construction. Absolutely no deliberate feeding of wildlife
shall be allowed.
5.8-1 b Prior to development, the Project Applicant shall ensure that construction
vehicle speed limits shall not exceed 20 miles per hour (mph) on paved roads,
and 15 mph on unpaved roads, and shall be posted throughout the site for the
duration of construction activities. Open road culverts shall be provided during
construction to prevent vehicular mortality of wildlife crossing roads.
5.8-1 c During grading, the Project Contractor shall ensure that all trenches or steep-
walled excavations greater than three feet deep shall include escape ramps to
allow wildlife to escape. Each excavation shall contain at least one ramp, with
long trenches containing at least one ramp every mile. The ramps shall be no
steeper than a ratio of 1:1.
San Joaquin Kit Fox
5.8-4 THE PROPOSED PROJECT HAS THE POTENTIAL TO IMPACT (BOTH DIRECTLY AND
INDIRECTLY) SAN JOAQUIN KIT FOX.
Facts Supportina Finding
No live San Joaquin kit fox were identified during the biological surveys of the proposed
Project on March 13 and March 15, 2007. However, kit fox tracks and scat were
observed at several locations on the proposed Project, and a potential kit fox den with
old and recent scat was identified directly adjacent to the southwestern boundary of the OAKF
site. The proposed Project site provides suitable foraging habitat for the species and 9~
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SCH No. 2007101059
within the current mapped distribution for San Joaquin kit fox. Additionally, the CNDDB
documents the presence of the species in the vicinity of the proposed Project.
According to the CNDDB, there are approximately twenty known occurrences of the
species within a five-mile radius of the proposed Project. The closest known occurrence is
approximately 0.2 miles northeast of the proposed Project. The proposed Project has the
potential to result in adverse impacts to San Joaquin kit fox and/or its habitat and will
result in adverse impacts to foraging habitat for the species.
Potential direct adverse impacts include direct mortality from vehicle collision,
entrapment in open pipes, trenches, or pits, and contamination. Habitat loss,
degradation, and fragmentation are also potential direct adverse impacts to the species
resulting from project implementation. Potential indirect impacts to the species resulting
from the proposed project include those associated with human habitation of property,
such as increased traffic, refuse, domestic pets, and pedestrian use of adjacent open
lands. Such potential impacts to the species resulting from the implementation of the
proposed Project would constitute a "take" of the San Joaquin kit fox and be considered
a significant effect.
Mitigation Measures 5.8-4(a-d) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.8-4a Prior to grading, the Project Applicant shall pay the habitat mitigation fee in
accordance with §15.78.030 of the Bakersfield Municipal Code and the
Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). If the MBHCP is
not extended past the expiration date of 2014, then during the time when no
applicable MBHCP is in place, the Project Applicant shall comply with such
mitigation measures as required by the U.S. Fish and Wildlife Service (USFWS)
and the California Department of Fish and Game (CDFG).
5.8-4b Within 30 days of initial ground disturbance, preconstruction clearance surveys
shall be conducted by a qualified biologist in accordance with the provisions of
the MBHCP. Any potential, inactive or active kit fox dens identified as
unavoidable, be monitored, excavated and backfilled in accordance with the
recommendations of the MBHCP and all guidelines, protocols and other
provisions of the CDFG, USFWS, Federal Endangered Species Act and California
Endangered Species Act. Survey windows for the San Joaquin kit fox can occur
at anytime throughout the year. The survey shall be submitted to the City of
Bakersfield Planning Department, prior to approval of a grading permit.
5.8-4c Prior to earth disturbance phases of construction, all construction personnel
shall be trained in sensitive species identification and avoidance techniques
and be instructed to be on the lookout for kit fox dens during earth disturbance.
Proof of training shall be submitted to the City of Bakersfield Planning
Department. Any evidence, such as dens, observed at any time during
construction, shall be promptly reported to the reviewing agencies for
resolution.
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SCH No. 2007101059
5.8-4d During construction, all pipes, culverts or similar structures with a diameter of
four inches or greater shall be kept capped to prevent entry of the kit fox. If not
capped or otherwise covered, the openings shall be inspected twice daily in
the morning and evening and prior to burial or closure, to ensure no kit foxes or
other wildlife become entrapped or buried in pipes.
Sensitive and Nesting Birds
5.8-5 POTENTIAL IMPACTS TO SENSITIVE SPECIES, SUCH AS SENSITIVE AND NESTING
BIRDS, MAY OCCUR.
Facts Supporting Finding
Several special-status birds have potential, or have been observed, to occur within the
proposed Project site. However, it is unlikely any of these species, with the exception of
the burrowing owl, will use the proposed Project site for nesting purposes, due to the lack
of suitable nesting habitat. Although a sharp-shinned hawk was observed feeding on a
kill within the orchard during biological surveys (March 13 and March 15, 2007), the
orchard does not provide suitable nesting habitat for the species. No burrowing owls or
their burrows were observed during the biological surveys of the proposed Project.
However, the potential exists for burrowing owl to become established prior to Project
implementation. The species is known to occur within one mile of the proposed Project
and the presence of California ground squirrel burrows provide suitable nesting habitat
for the species. Disturbance of the sensitive bird species listed in Table 5.8-3 would be
prohibited under several acts, codes, or policies, including the California Environmental
Quality Act (CEQA), CDFG Code, CESA, or the META.
The proposed Project will result in adverse impacts to foraging habitat for sensitive bird
species and raptors. In addition to the sharp-shinned hawk, an owl roost was identified
on the proposed Project during the biological survey. Mitigation provided by the MBHCP
for other sensitive species will mitigate for the loss of foraging habitat resulting from
project implementation. Disturbance of all nesting birds, sensitive and non-sensitive, is
prohibited by §3503 of the CDFG Code. Large, mature ornamental trees adjacent to the
residence at Coffee and Seventh Standard Roads provide suitable nesting habitat for a
variety of bird species. An owl roost and possible nest, a mourning dove nest, and pigeon
nests were identified in the northern portion of the site during the biological surveys. These
species are not considered sensitive species, however the CDFG Code prohibits
disturbance of the nest site until the young have fledged.
Mitigation Measures 5.8-5(a-c) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.8-5a Prior to the commencement of grading activities, the Applicant/Developer shall
retain a qualified biologist to verify the presence or absence of any previously
unidentified protected species, which are not addressed in the Metropolitan
Bakersfield Habitat Conservation Plan (MBHCP). If encountered, the U.S. Fish
and Wildlife Service (USFWS) and California Department of Fish and Game
(CDFG) shall be notified of previously unreported protected species. Any take
of protected wildlife shall be reported immediately to the CDFG and USFWS. No
activities shall occur until Incidental Take authorization has been obtained from
the CDFG and USFWS.
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SCH No. 2007101059
5.8-5b Seven days prior to the onset of construction activities during the raptor nesting
season (February 1 to June 30), a qualified biologist shall survey within 500 feet
of the Project impact area for the presence of any active raptor nests
(common or special status). Any nest found during survey efforts shall be
mapped on the construction plans. If no active nests are found, no further
mitigation would be required. Results of the surveys shall be provided to the
CDFG.
If nesting activity is present at any raptor nest site, the active site shall be
protected until nesting activity has ended to ensure compliance with §3503
and §3503.5 of the California Fish and Game Code and the Migratory Bird
Treaty Act. To protect any nest site, the following restrictions to construction
activities are required until nests are no longer active as determined by a
qualified biologist: 1) clearing limits shall be established within a 500 foot buffer
around any occupied nest, unless otherwise determined by a qualified biologist
and 2) access and surveying shall be restricted within 300 feet of any occupied
nest, unless otherwise determined by a qualified biologist. Any encroachment
into the buffer area around the known nest shall only be allowed if the biologist
determines that the proposed activity will not disturb the nest occupants.
Construction can proceed when the qualified biologist has determined that
fledglings have left the nest.
If an active nest is observed during the non-nesting season, the nest site shall be
monitored by a qualified biologist, and when the raptor is away from the nest,
the biologist will flush any raptor to open space areas. A qualified biologist, or
construction personnel under the direction of the qualified biologist, will then
remove the nest site so raptors cannot return to a nest.
5.8-5c The Project Applicant shall conduct pre-construction surveys prior to ground
disturbance to ensure that no burrowing owls are present on-site and to ensure
avoidance of direct take or accidental entrapment of burrowing owls. If nests
are encountered, the use of agency-approved buffer zones shall be
implemented and full avoidance of nest shall occur until the young have
fledged. Additionally, the following measures, taken from the Staff Report on
Burrowing Owl Mitigation (CDFG 1995) shall be followed in order to minimize
impacts, preserve habitat, and reduce potential impacts to burrowing owls to a
level of less than significant.
• Occupied burrows shall not be disturbed during the nesting season
(February 1 through August 31) unless a qualified biologist approved by the
CDFG verifies through noninvasive 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 owls must be moved away from the disturbance area, passive relocation
techniques as described in the Staff Report on Burrowing Owl Mitigation
should be used rather than trapping. At least one or more weeks will be
necessary to accomplish this and allow the owls to acclimate to alternative
burrows.
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Saco Ranch Commercial Center
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SCH No. 2007101059
Long-Term Impacts
5.8-7 THE PROPOSED PROJECT WOULD RESULT IN PERMANENT LONG-TERM IMPACTS
ON BIOLOGICAL RESOURCES COMPARED TO EXISTING CONDITIONS.
Facts Supporting Finding
The following impact analysis evaluates long-term implications of the proposed Project
on biological resources.
Wildlife Impacts
Future development of the approximately 300.98-acre Project site would result in the loss
of native and non-native vegetation associations, and the wildlife habitat they provide.
Both native and non-native habitats within the Project site may provide nesting, foraging,
and denning opportunities for a wide variety of wildlife species. However, non-native
habitats generally provide low quality wildlife habitat. The future removal of native and
non-native habitats within the Project site would result in the loss of small mammals,
reptiles, amphibians, and other animals.
Wildlife Movement
The conversion of the Project site from vacant land to developed uses has the potential
to impact small mammals, reptiles, amphibians and other animals of slow mobility that
are present within the Project area. More mobile wildlife species now using the Project
site would be forced to move into remaining areas of open space, consequently
increasing competition for available resources in those areas. This situation would result
in the loss of individuals within the wildlife population that cannot successfully compete.
The loss of disturbed native and non-native habitats from future on-site development
would not result in any substantial reduction of general wildlife population in the region
because a substantial amount of open space is being provided by the Project and is
available adjacent to the Project site. Therefore, these impacts are considered to be less
than significant.
The proposed commercial and industrial uses would also increase the amount of traffic
locally and the potential for vehicular mortality of threatened, endangered and other
protected species, including migratory birds. Implementation of required mitigation
measures would reduce the significance of vehicular mortality rates. The proposed
Project is subject to all appropriate terms and conditions of the MBHCP and § 15.78.030 of
the Bakersfield Municipal Code. Impacts in this regard are therefore considered less than
significant.
Noise
The completed Project would result in increased traffic volumes and noise levels that
would presumably increase over present levels as the traffic and occupancy increases.
A portion of the Project site is currently influenced by vehicular noise sources from
Seventh Standard Road, Fruitvale Avenue; Snow Road; and SR-99. However, because of
the large areas of open space available adjacent to the proposed Project, the
introduction of future commercial and industrial uses on-site would result in less than
significant noise impacts to wildlife.
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SCH No. 2007101059
Niaht Lighting
Night lighting would increase due to car headlights and Project related parking and
night lighting during and after completion of the proposed Project. Lighting associated
with car headlights would not be consistent throughout the night, and most of the light
would not stray onto adjacent properties. Additionally, the night lighting proposed for
the Project is designed to reduce stray light into adjacent areas. Resident animals are
already acclimated to existing lighting associated with the adjacent development and
roadways in the region. Refer to Section 5.4, AESTHETICS, LIGHT AND GLARE, for measures
to reduce light spillover. Therefore, Project-related night lighting would be considered
less than significant.
Food Waste and Garbage
Extensive litter frequently accumulates around commercial and industrial developments.
The San Joaquin kit fox and other animals may eat plastic sandwich bags or other non-
food garbage items that may cause their death. Solid waste debris and litter may also
accumulate and become a fire hazard. Both waste and fire can have adverse effects
on wildlife habitats. In addition, solid wastes may attract coyotes from the adjacent
agricultural areas that could impact the urban San Joaquin kit fox. The provision to
include covered litter barrels at appropriate locations would reduce this impact to less
than significant levels.
Mitigation Measures 5.8-7(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.8-7a The Project Applicant shall pay a Habitat Mitigation fee, including compliance
with all appropriate terms and conditions in accordance with the Metropolitan
Bakersfield Habitat Conservation Plan (MBHCP) and §15.78.030 of the
Bakersfield Municipal Code.
5.8-7b Lighting shall be shaded or shielded and directed down and away from
adjacent agricultural and open space areas to minimize increased predation
of species that may be using the adjacent open space and agricultural fields.
Refer to Section 5.4, AESTHETICS, LIGHT AND GLARE, regarding light spill over
and glare mitigation measures.
CULTURAL RESOURCES
Prehistoric / Historic Resources
5.9-1 IMPLEMENTATION OF THE PROPOSED PROJECT MAY CAUSE A SIGNIFICANT
IMPACT TO PREHISTORIC OR HISTORIC RESOURCES ON-SITE.
Facts Supporting Finding
The records search indicated that four previous cultural resource studies (KE 263, 668,
2396, and 2616) have occurred within the proposed Project area and 12 additional
surveys (KE 692, 2369, 2394, 2431, 2521, 3116, 3117, 3118, 3119, 3120, 3301, and 3528) were
completed within a half-mile radius of the proposed Project site. No cultural resources
had been recorded within the Project area. The nearest cultural site is located PK
approximately one-eighth of a mile north of the Project site and consists of a historic 8'< F9d~
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SCH No. 2007101059
resource described as a 1948 highway bridge, known as the Knudsen Drive Bridge (P-15-
9651).
Although no archaeological resources or significant built environment resources were
identified during the cultural resources survey, as indicated above, the proposed Project
is included in an area that was historically inhabited and important to people during the
prehistoric era. It is possible that erosional or depositional processes, along with the use of
the proposed Project site for agricultural uses have obscured cultural resources or human
remains that may be present. While it is unlikely that significant village or habitation sites
exist within the area, there is always the potential, regardless of how remote, that cultural
resources or human remains may yet be unearthed during construction. Because there is
a chance that buried or otherwise hidden archaeological deposits or isolated artifacts
would be located on the proposed Project site, development of the Project has the
potential to disturb or destroy undocumented archaeological or historical resources, or
human remains. Uncovering prehistoric and/or historic resources could result in damage
or destruction of such resources, which would constitute a significant impact.
Mitigation Measures 5.9-1(a-c) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.9-1 a All construction personnel shall undergo a cultural resources orientation and
awareness training prior to commencing work activities on the site. Such
training shall include familiarization with the stop-work restrictions, noticing, and
handling procedures, and ultimate disposition of ratifications. The operator shall
provide the City with a verification list of the employees completing the
orientation.
5.9-1 b If archaeological resources are discovered during excavation and grading
activities on-site, the contractor shall stop all work and shall retain a qualified
archaeologist to evaluate the significance of the finding and appropriate
course of action. Salvage operation requirements pursuant to § 15064.5 of the
California Environmental Quality Act (CEQA) Guidelines shall be followed and
the treatment of discovered Native American remains shall comply with State
codes and regulations of the Native American Heritage Commission. Work shall
not commence until a qualified archaeologist is consulted to determine the
significance of the find, and has recommended appropriate measures to
protect the resource in accordance with the following standards:
• A qualified archaeologist shall prepare for the City an Assessment and
Mitigation Plan, in consultation with the Native American Heritage
Commission and local tribes, if appropriate.
• The Assessment shall define the extent and steps necessary to mitigate the
project impacts on the find. Discovered cultural resources shall be stored
in a protected environment to prevent vandalism, damage, or theft; until
such time as they are examined by an archaeologist and/or Native
American consultant, as appropriate. Actions may then include removing
and relocating the materials to an appropriate repository based on
consultation with the Native American Heritage Commission and local
tribes. Any Native American artifacts discovered shall be returned to the
local Native American Community, which shall be responsible for the
disposition of these materials. o~eAKF9
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SCH No. 2007101059
Further disturbance of the resource shall not be allowed until those
recommendations deemed appropriate by the City have been implemented.
5.9-1 c If human remains are discovered as a result of the proposed Project during
development, all activity shall cease immediately, the Contractor shall notify
the Kern County Coroner's Office immediately under state law, and a qualified
archaeologist and Native American monitor shall be contacted. Should the
Coroner determine the human remains to be Native American, the Native
American Heritage Commission shall be contacted pursuant to Public
Resources Code §5097.98.
PUBLIC SERVICES AND UTILITIES
Fire Protection
5.10-1 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD RESULT IN THE NEED FOR
ADDITIONAL FIRE FACILITIES OR PERSONNEL.
Facts Sugportina Finding
Due to the potential increase in urban development beyond existing conditions,
additional demand for fire services may occur with implementation of the proposed
Project. According to the BFD, KCFD Stations 61 and 65 would respond to the proposed
Project area. The BFD indicated that the proposed Project has adequate fire resources.
At this time, the BFD does not charge assessment fees, unless specifically addressed in a
development agreement. The BFD strategic planning indicates the need for a fire station
in the area of Allen Road and Olive Drive. This fire station would serve the western
portion of the proposed Project site.
According to the KCFD, the current level of fire protection is not adequate for the
proposed Project. In order to adequately provide fire protection and emergency
services to the proposed Project, construction of a fire station and purchase of one Type
1 fire engine, one ladder truck, and one Type 4 patrol will need to be completed during
the initial design phase of the proposed Project. These additions would provide the
necessary fire protection and emergency services during and after construction of the
proposed Project. The fire engine, ladder truck and patrol shall be fully outfitted with the
Fire Department's standard equipment inventory. The location of the fire station shall be
chosen by the Fire Department and constructed to the Fire Department's standards. At
this time, the KCFD does not charge assessment fees. However, the County of Kern
adopted a Capital Improvement Plan May 13, 2008 and a draft Public Facilities Impact
Fee Study was completed in May 2009, which includes assessment fees for fire
protection. There are plan review and inspection fees in place at this time. Any
potential increase in the cost to maintain and staff additional fire protection services
would be paid for by property tax revenues generated by the proposed Project.
The proposed Project has the potential of having short-term construction-related
impacts. If during construction there is a need to redirect traffic or block access routes or
residential streets, potential delays in emergency response could result. This temporary
impact would not be considered significant; however, mitigation measures pertaining to
coordination during construction are provided to reduce impacts to less than significant
levels. Additionally, compliance with fire safety standards and requirements such ass"~AKFgN
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SCH No. 2007101059
interior sprinkler systems, fire alarms, emergency access, and adequate fire flow at public
and on-site hydrants would be required during the plan check process and would
reduce impacts to less than significant levels.
Mitigation Measures 5.10-1(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.10-1 a With submittal of each tentative tract map, parcel map, or site plan
application, whichever occurs first, the proposed development shall be
reviewed by the Bakersfield Fire Department and Kern County Fire Department
to ensure Department requirements for access, fire flow, hydrants, or other fire
and life safety requirements are adequately addressed.
5.10-1b Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term construction
mitigation measures.
Police Protection
5.10-2 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD RESULT IN THE NEED FOR
ADDITIONAL POLICE FACILITIES OR PERSONNEL.
Facts Supporting Finding
Similar to the fire protection services, the proposed Project has the potential of having
short-term construction related impacts. If during construction there is a need to redirect
traffic or block access routes or residential streets, potential delays in police response
could result. Furthermore, construction areas may require additional police monitoring
throughout the duration of Project construction both during day and nighttime periods.
These temporary impacts would not be considered significant; nonetheless, mitigation
measures pertaining to coordination during construction are provided to reduce impacts
to ensure that Project impacts are less than significant.
Mitigation Measures 5.10-2(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.10-2a With submittal of each tentative tract map, parcel map, or site plan
application, whichever occurs first, the City shall ensure that fundamental
safety components are included in proposed Project design. These
components include, but are not limited to:
• Preventing visual hindrances in regards to public gathering locations.
• Planning considerations and elimination of traffic hazards at the Project's
conceptual level.
• Preventing the manufacturing of unintentional isolation locations for
individuals while engaged in recreational and/or conveyance in or around
the Project site.
5.10-2b Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term construction
mitigation measures.
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Saco Ranch Commercial Center
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SCH No. 2007101059
Schools
5.10-3 DEVELOPMENT OF THE PROJECT SITE MAY GENERATE ADDITIONAL STUDENTS
BEYOND EXISTING CONDITIONS.
Facts Supporting Finding
The proposed Project is located within two school districts: the Norris Elementary and
Middle School District, and the Kern County High School District. Although the proposed
Project would increase the intensity of land use on the proposed Project site, impacts to
schools in the Project area would not be considered substantial, as no residential uses
are proposed. The proposed Project is a commercial development and would not
directly demand school services. The proposed Project is projected, as a worst-case
scenario, to indirectly cause the addition of some residents based on the number of
people that may move to the area to fill managerial positions created by the project.
This increase may create a demand for housing that may include school age children,
which would indirectly create a demand for school services. To accommodate the
demand, school fees are required in accordance with Senate Bill (SB) 50 and Proposition
1 A, that latter of which was approved by the statewide voters in 1998. SB 50 would
provide school districts with fees that could be used to fund K-12 facilities, modernize
older schools, fund for district in hardship situations, and funding for class size reduction.
SB 50 impact fees are the exclusive mechanism by which impacts to schools may be
mitigated. In addition, with respect to the Norris Elementary School District, residential
development within the proposed Project area will be subject to the special taxes levied
by Community Facilities District 92-1, collected annually, based on the square footage of
the proposed commercial structures. Payment of these taxes will mitigate the impacts
on elementary school facilities.
AB 2926 was enacted on January 1, 1987, which requires that school districts pay a share
of the cost of school construction based on the square footage of residential,
commercial and industrial construction taking place within their districts. The law
commissions school districts to levy a Developer Impact Fee for this purpose, establishes
the maximum rate of the fees, and prohibits building permit authorities from issuing
building permits without certification from the school district that fee requirements have
been met. The Kern High School District shares the State Allocation Board authorized
school residential fee with local K-8 districts. The Kern High School portion is $0.42 per
square foot of space for commercial developments. Pursuant to Government Code
Sections 65995 et. seq., the proposed Project's impacts on public school facilities will be
limited to the collection of statutory fees authorized under Education Code Section
17620 and Government Code Sections 65995 et. seq. (all as amended with an operative
date of November 4, 1998), at the time that building permits are issued. Currently, these
fees are $0.16 per square foot. Following compliance with existing regulations, no
significant impacts on schools are anticipated from development of the proposed
Project.
Mitigation Measure 5.10-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-3 The Project developer shall pay applicable Senate Bill (SB) 50 impact fees, and
any other required developer fees, at the time of issuance of building permits in
accordance with the statutory rate then in effect. O~0AKk9
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Saco Ranch Commercial Center
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SCH No. 2007101059
Water Resources
5.10-5 THE PROPOSED PROJECT MAY HAVE AN IMPACT ON WATER SUPPLY.
Facts Supporting Finding
According to the Water Supply Assessment prepared for the proposed Project (refer to
Appendix 15.10), Cal Water concludes that for the next 20 years, the Bakersfield District
will have more than adequate water supplies to meet the projected demands
associated with the proposed planned development for Saco Ranch, along with those
of all existing customers and all other anticipated future users for normal, single dry year,
and multiple dry year conditions. Therefore, impacts would be less than significant.
Although water supply for the proposed Project is expected to be sufficient, additional
infrastructure would be required to reach and distribute water to the proposed Project
site. All water distribution infrastructure would be installed as part of the proposed Project
as development progresses within the proposed Project. The proposed Project Applicant
would be required to pay all required fees for the connection and extension of water
services infrastructure to the proposed Project. The specifics of the funding and
construction would be detailed in a development agreement between the proposed
Project Applicant and the City. Implementation of mitigation would reduce impacts to
less than significant levels.
Mitigation Measure 5.10-5 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-4 Prior to Project development, or with submittal of each tentative tract map,
parcel map, or site plan application, whichever occurs first, or prior to issuance
of a grading permit for each development phase, the Applicant shall
coordinate with California Water Service Company (Cal Water) in regards to a
will serve letter indicating its intention to serve as the water utility for providing
water service to the proposed Project.
Solid Waste/Landfills
5.10-7 IMPLEMENTATION OF THE PROPOSED PROJECT MAY RESULT IN INCREASED
DEMAND FOR SOLID WASTE SERVICES. SHORT-TERM CONSTRUCTION IMPACTS
RESULTING FROM CONSTRUCTION DEBRIS WOULD INCREASE SOLID WASTE ON A
TEMPORARY DURATION.
Facts Supporting Finding
Waste from the proposed Project would be disposed of at the Bena Sanitary Landfill. The
Bena Sanitary Landfill has a permitted daily capacity of 4,500 tons per day, and a
remaining permitted capacity of 20,478,536 cubic yards with an estimated completion
date of 2031. The Bena Sanitary Landfill has a remaining daily permitted capacity of
3,057 tons per day. The proposed Project would generate approximately 20 tons of solid
waste per day, 0.64 percent of remaining permitted tons per day. This calculation only
includes the proposed Project and does not include surrounding proposed development
projects whose waste is to go to the Bena Sanitary Landfill. In addition, the Kern County
Waste Management Department indicated that approximately 7,034 tons of solid waste
per year would be generated from the proposed Project. The Kern County Waste
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SCH No. 2007101059
Management Department has determined that the Bena Sanitary Landfill has adequate
capacity to serve the proposed Project; however, additional space and equipment at
the City's recycling facility is anticipated with respect to solid waste service.
Mitigation Measures 5.10-7(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.10-7a Prior to issuance of any building permit, the Project Applicant shall submit, for
review and approval, a Construction and Demolition Recycling Plan to the Kern
County Waste Management Department (KCWMD). The Recycling Plan shall
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.
5.10-7b Prior to issuance of any building permit, the Project Applicant shall provide a
universal waste collection area within the Project site, along with a potential
mandatory collection area for curbside recycling.
Electrical Services
5.10-8 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD REQUIRE TEMPORARY USE
OF ELECTRICITY DURING CONSTRUCTION AND LONG-TERM ELECTRIC
CONSUMPTION. ELECTRICITY USE WOULD RESULT IN EXCESSIVE POWER
CONSUMPTION THAT WOULD RESULT IN SIGNIFICANT IMPACTS ON EXISTING
FACILITIES.
Facts Supportina Finding
Currently, there are electric distribution facilities bordering the proposed Project and
paralleling Coffee Road, presently served by PG&E's Rio Bravo Substation located at
Seventh Standard Road and Martin Avenue. According to PG&E, the proposed Project is
anticipated to have an approximate load of 12 megawatts. Additionally, PG&E
indicated that the existing facilities cannot adequately serve the proposed Project. The
PG&E facilities will need to be upgraded and new distribution and substation equipment
will be required to serve the proposed Project. In addition, Project-related impacts to
PG&E's facilities may occur, especially along Seventh Standard Road, Coffee Road, and
within the Project's boundaries, as required. Impacts can be minimized if main lines
adjacent to roadways are brought to the ultimate width at the initiation of the proposed
Project. Impacts can also be minimized if utility easements are made readily available as
needed. The Project proponent shall coordinate with PG&E staff early in the planning
stages to ensure that low-impact strategies are incorporated into the proposed Project
as soon as possible.
During construction, the Project would require temporary electrical power supply for
certain equipment and lighting. The proposed Project would also require electricity for
street lighting along the roadway. The connections would be constructed in
accordance with the requirements of the City of Bakersfield. The Project contractor shall
coordinate with PG&E staff prior to construction regarding any potential service or facility
issues. With implementation of mitigation measures listed below, less than significant
impacts are anticipated in this regard.
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SCH No. 2007101059
Mitigation Measures 5.10-8(a-c) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.10-8a Prior to approval of each tentative tract map, parcel map, or site plan
application, whichever occurs first, the Project Applicant/Developer shall
coordinate with Pacific Gas and Electric (PG&E) staff early in the planning
stages to ensure that adequate facilities are incorporated in the proposed
Project as soon as possible. In addition, the Project Applicant/Developer
shall coordinate with PG&E staff prior to construction regarding any
potential service of facility issues.
5.10-8b The locations of each steel tower facility shall be delineated upon the
tentative tract map, parcel map, or site plan application, whichever occurs
first.
5.10-8c All main lines adjacent to the roadways shall be installed to the ultimate
width prior to development of each phase. In addition, utility easements
shall be readily available.
Natural Gas
5.10-9 IMPLEMENTATION OF THE PROPOSED PROJECT MAY RESULT IN INCREASED
DEMAND FOR NATURAL GAS SERVICES.
Facts Supporting Finding
PG&E indicated that the proposed Project is located within the Southern California Gas
Company service territory. It is anticipated that the Gas Company will have adequate
facilities to accommodate the proposed Project. As tentative tract maps, parcel maps,
and/or site plans become more defined, the Project Applicant will work with the Gas
Company to design and install the necessary infrastructure that would tie into existing
lines within existing roadways. These infrastructure improvements would be provided by
developers within the site, who would work with the Gas Company to provide for the
proper placement, capacity, and design of natural gas regulator stations, gas mains,
and distribution lines. Construction of such facilities outside of the Project limits would be
required to comply with all pertinent measures and conditions of the City, the Gas
Company, and Caltrans to ensure no construction related impacts occur. Less than
significant impacts are anticipated in this regard.
Mitigation Measure 5.10-9 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.10-9 Prior to approval of each tentative tract map, parcel map, or site plan
application, whichever occurs first, the Project Applicant shall coordinate with
Southern California Gas Company (SCGC) staff early in the planning stages to
ensure that adequate facilities are incorporated in the proposed Project as
soon as possible. In addition, the Project Developer shall coordinate with SCGC
staff prior to construction regarding any potential service of facility issues.
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Saco Ranch Commercial Center
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SCH No. 2007101059
GEOLOGIC RESOURCES
Soil Erosion
5.11-1 FUTURE DEVELOPMENT OF THE PROPOSED PROJECT SITE MAY RESULT IN
SUBSTANTIAL SOIL EROSION.
Facts Supporting Finding
Based on the soil descriptions described above, the soils located on-site are deep and
well-drained. Grading operations associated with future development of the proposed
Project and the resultant manufactured embankments could increase the potential for
erosion and siltation both during and after construction. The potential effects of soil
erosion may be mitigated by the use of sandbags, hydroseeding, landscaping, and/or
soil stabilizers. The contractor will be required to submit a Storm Water Pollution
Prevention Plan (SWPPP), which includes erosion control measures in order to comply
with the National Pollutant Discharge Elimination System (NPDES); requirements of the
Federal Clean Water Act (CWA).
On-site grading shall occur in conformance with established City engineering guidelines
and shall be balanced on-site. Grading and slope contouring shall adhere to
appropriate provisions as set forth in the Bakersfield Municipal Code. Compliance with
this measure is subject to review and approval by the City Engineer through the
development review process.
Earthwork would also be performed in conformance with approved grading plans and
any applicable geotechnical reports prepared for future developments on-site. The
grading plan shall also reflect a contouring and landscaping program intended to
control erosion. Compliance with this measure is subject to review and approval by the
City Engineer through the development review process. Implementation of appropriate
grading measures and a SWPPP would reduce the potential impacts to less than
significant levels.
Mitigation Measure 5.11-1 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.11-1 Prior to issuance of grading permits for each development phase, a site specific
soils report shall be completed to the satisfaction of the City Engineer, that
further characterizes and analyzes on-site soil conditions, and identifies
appropriate measures to be implemented to control erosion and dust. The
results of the study shall be used as the basis to complete the required Storm
Water Pollution Prevention Plan (SWPPP), which includes erosion control
measures in order to comply with the National Pollution Discharge Elimination
System (NPDES) requirements of the Federal Clean Water Act. Temporary,
construction-related and permanent erosion control measures may include but
not be limited to the use of sandbags, hydroseeding, landscaping, and/or soil
stabilizers
Seismic Ground Shaking
5.11-3 IMPLEMENTATION OF THE PROPOSED PROJECT MAY EXPOSE THE
CONSUMERS/VISITORS TO STRONG GROUND SHAKING DURING A SEISMIC EVENT.
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Facts Supporting Finding
The intensity of future seismic activity at the proposed Project site is expected to be no
greater than for other sites in the vicinity. The site is expected to experience ground
shaking as a result of regional seismic activity. Due to the site's proximity to several faults
located in the area, ground shaking could be substantial. These impacts associated with
seismically induced ground shaking are considered potentially significant. To ensure the
safety of life and property, future development on the proposed Project site will be
designed in strict accordance with the minimum earthquake regulations of the CBC and
the Bakersfield Municipal Code. To provide the adequate level of information to
properly design and engineer future development, an engineering geologist would
perform additional design-level geotechnical studies and submit to the City for approval.
Mitigation Measure 5.11-3 of the Final EIR reduces impacts below a level of significance.
The measure is as follows:
5.11-3 Engineering design for all future structures shall be based on the probability that
the proposed Project will be subjected to strong ground motion during the
lifetime of development. Future Project development plans shall be subject to
the Bakersfield Municipal Code, and shall include standards that address
seismic design parameters. Seismic ground shaking shall be incorporated into
design and construction in accordance with the California Building Code (CBC)
requirements and site-specific design.
HYDROLOGY AND WATER QUALITY
Flow Patterns / Flood Impacts
5.12-1 FUTURE DEVELOPMENT ON-SITE WOULD RESULT IN INCREASED SURFACE RUNOFF
AND MAY RESULT IN POTENTIAL FLOODING IMPACTS OFF-SITE.
Facts Supporting Finding
Although the proposed Project is relatively flat, the proposed development, landscaping,
and roadways would alter the drainage pattern within the proposed Project area, due to
the impervious surfaces that will be introduced. The use of storm drain infrastructure
reduces the amount of surface runoff and would potentially reduce flooding impacts.
Any water that is anticipated to drain off-site would be required by the City to drain into
a storm drain structure. The use of storm drain infrastructure reduces the amount of
surface runoff and would potentially reduce flooding impacts. Drainage will be
collected on-site or to a regional drainage basin. Hydrology calculations will be
completed at the Project development stage.
Mitigation Measures 5.12-1(a-b) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.12-1 a All onsite detention basins shall be designed in accordance with City of
Bakersfield standards and recommendations in accordance with §2.8.2.2
of the City of Bakersfield Subdivision Design Manual:
"Detention basins require special design consideration.
The engineer shall have the design method approved by the o~gAK,cy
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Department of Public Works prior to designing the facility."
Prior to recordation of a Final Map, the Project Applicant shall provide
confirmation that recommended design elements have been
incorporated so that the proposed Project would be adequately
protected from the 100-year storm, would not adversely impact
downstream properties, and is designed in conformance with applicable
City requirements.
5.12-1 b Prior to submittal of improvement plans for each phase, or individual
tentative tract map, parcel map, or site plan application, whichever
occurs first, the Project Applicant shall provide a drainage study in
conformance with City of Bakersfield design guidelines and approved by
the City Engineer, which shall include, but not be limited to the following
requirements:
• Future on-site roadways shall be designed to accommodate
adequate flow capacity;
• Appropriate minimum stormdrain pipe size diameter shall be
specified by the City Engineer; and
• Stormdrain flow velocity limitations shall be specified by the City
Engineer.
Water Quality
5.12-3 IMPLEMENTATION OF GRADING, EXCAVATION AND CONSTRUCTION ACTIVITIES
ASSOCIATED WITH FUTURE AND POST DEVELOPMENT MAY RESULT IN AN
INCREASE IN URBAN POLLUTANT DISCHARGE RESULTING IN IMPACTS TO WATER
QUALITY.
Facts Suooortina Finding
With the future urban development of the site, the proposed Project would increase
urban pollutant discharge, especially during short-term construction phases. The
discharge of materials other than stormwater from a particular site is prohibited. With
urban development projects, the pollutants of concern include silt and sediment, oil and
grease, floatable trash, nutrients (including fertilizers), heavy metals, pathogens (such as
coliform bacteria), and other substances. Discharge of these substances, referred to as
"controlled pollutants", into waters of the United States is prohibited.
Future proposed developments that involve grading and construction would contribute
to an increase in pollution discharge. Individual development projects would be
required to mitigate short-term construction impacts pursuant to the National Pollutant
Discharge Elimination System (NPDES) criteria and standards on a project-by-project
basis. The NPDES is the permitting program for discharge of pollutants into surface waters
of the United States under Section 402 of the Clean Water Act. Thus, industrial and
municipal dischargers (point source discharges) must obtain NPDES permits from the
appropriate Regional Water Quality Control Board (i.e., the Central Valley region). The
purpose of the NPDES permit is to ensure that the Project area would eliminate or reduce
construction-related sediments and pollutants during stormwater runoff. pK
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Construction sediment erosion can be adequately controlled through the application of
standard construction Best Management Practices (BMPs). BMPs help reduce or
eliminate sediment and other pollutants in both stormwater and in nonstormwater
discharges. The goal of BMPs is to capture and treat "first flush" stormwater run-off
generated by surrounding and on-site watersheds. Water quality management BMPs for
grading and construction scenarios may include the use of sand bags and straw bales
for run-off diversion and velocity reduction, mulch topping, hydro-seeding and siltation
fencing to prevent soil loss and measures to minimize vehicular leaking and spilling.
Additionally, within Kern County, post-development compliance with NPDES is regulated
by the Kern County Standard Urban Water Mitigation Plan (SUSMP). Projects within the
City are required to comply with the SUSMP through the implementation of the City's
Drainage Manual.
Mitigation Measures 5.12-3(a-c) of the Final EIR reduce impacts below a level of
significance. The measures are as follows:
5.12-3a Prior to approval of individual development projects by the Director of Public
Works or his/her designee, the Project Applicant shall confirm that the Project
plans stipulate that prior to issuance of any grading permits, the project
applicant shall file a Notice of Intent (NOI) and pay the appropriate fees,
pursuant to the National Pollutant Discharge Elimination System (NPDES)
program.
5.12-3b Prior to grading plan approval, the Project contactors shall incorporate
stormwater pollution control measures into a Storm Water Pollution Prevention
Plan (SWPPP); Best Management Practices (BMPs) shall be implemented; and
evidence that proper clearances have been obtained through the State Water
Resources Control Board (SWRCB), including coverage under the NPDES
statewide General Stormwater Permit for Construction Activities, must be
demonstrated.
5.12-3c Prior to tract recordation, the Project Applicant of future projects shall prevent
any off-site impacts during the construction phase. Erosion control measures
and temporary basins for desiltation and detention shall be in place, as
approved by the Director of Public Works. The basins and erosion control
measures shall be shown and specified on the grading plans and shall be
constructed to the satisfaction of the Director of Public Works prior to the start of
any other grading operations.
VIII. FINDINGS REGARDING INFEASIBILITY OF MITIGATION MEASURES FOR SIGNIFICANT IMPACTS
The City of Bakersfield, having reviewed and considered the information contained in the
Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to
Public Resources Code 21081 (a) (3) and State CEQA Guidelines § 15091 (a) (3) that (i),
that specific economic, legal, social, technological, or other considerations, make
infeasible the mitigation measures identified in the Final EIR and, therefore, the Project will
cause significant unavoidable impacts in the categories of Traffic and Circulation and
Noise.
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SCH No. 2007101059
Cumulative Traffic Impacts - Year 2030
5.5-6 IMPLEMENTATION OF THE PROPOSED PROJECT, COMBINED WITH CUMULATIVE
PROJECT DEVELOPMENT, MAY CAUSE A SIGNIFICANT INCREASE IN TRAFFIC
WHEN COMPARED TO THE TRAFFIC CAPACITY OF THE STREET SYSTEM AND MAY
EXCEED AN ESTABLISHED LOS STANDARD.
Facts Supportina Finding
Cumulative traffic and circulation impacts would be significant and unavoidable
because the Project's traffic contribution would require improvements that are beyond
the current City of Bakersfield design standards for eight intersections and three roadway
segments. Refer to Tables 5.5-13 and 5.5-14 for details on which intersections and
roadway segments require improvements beyond of the City of Bakersfield design
standards. Construction improvements beyond City of Bakersfield standards would result
in safety concerns as well as the need for additional right-of-way that would require
eminent domain proceedings for multiple properties adjacent to the eight intersections
and three roadway segments.
Improvements required for the impacts on SR-99 between Olive Drive and SR-204, would
result in the expansion of SR-99 beyond the 8-lane freeway required under Year 2015 Plus
Project conditions, and identified in the Phase IV RTIF. Expansion of SR-99 beyond the
eight lanes identified is not listed within the MBGP, nor is it listed in any transportation
program. Mitigation Measure 5.5-6h requires the Applicant to coordinate with the City of
Bakersfield and Caltrans District 6 to identify and implement mitigation measures.
However, given the uncertainty of the timing and/or ultimate implementation of the
recommended mitigation measures, and the feasibility and uncertainty of constructing
improvements beyond the eight lanes identified in the Phase IV RTIF for SR-99, cumulative
traffic and circulation impacts on SR-99 between Olive Drive and SR-204 would continue
to be significant and unavoidable, despite the fact that the Project Applicant would be
responsible for the Project's pro-rata, fair share funding to mitigate the Project's impacts
on this segment.
Mitigation Measure 5.5-6a requires participation in the City's RTIF Program, which requires
the Project Applicant to participate in improvements required on a pro-rata, fair share
basis. Given the uncertainty of the timing and/or ultimate implementation of the
recommended improvements which require the pro-rata, fair share funding, the
uncertainty of the ultimate implementation of improvements beyond City of Bakersfield
design standards, and the uncertainty of improvements beyond the eight lanes
identified in the Phase IV RTIF for SR-99, the Project's traffic contribution would result in
significant and unavoidable impacts at eight intersections and three roadway segments.
Mitigation Measures 5.5-6(a-h) of the Final EIR reduce impacts; however impacts would
remain significant and avoidable. The measures are as follows:
5.5-6a Implement Mitigation Measures 5.5-2a and 5.5-2b.
5.5-6b Prior to the completion of the phase for retail and commercial development,
the Project Applicant shall provide a signalized intersection at Coffee
Road/Project Entrance #6.
5.5-6c Prior to the completion of the phase for retail and commercial developmen8Q
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the Project Applicant shall provide the following lanes beyond the existing
conditions at the Seventh Standard Road/Project Entrance #3 intersection: two
additional eastbound through lanes and one additional westbound through
lane.
5.5-6d Prior to the completion of the phase for retail and commercial development,
the Project Applicant shall provide the following additional lanes beyond the
existing conditions at the Seventh Standard Road/Project Entrance #4
intersection: one eastbound through lanes, one westbound left-turn lane, and
one westbound through lane.
5.5-6e Prior to the completion of the phase for retail and commercial development,
the Project Applicant shall provide the following lanes beyond the existing
conditions at the Seventh Standard Road/Project Entrance #5 intersection: two
additional eastbound through lanes and two additional westbound through
lanes.
5.5-6f Prior to the completion of the phase for retail and commercial development,
the Project Applicant shall provide the following additional lanes beyond the
existing conditions at the Coffee Road/Project Entrance #6 intersection: one
northbound left-turn lane, one northbound through lane, one southbound left-
turn lane, and one southbound through lane.
5.5-6g Prior to the completion of the phase for retail and commercial development,
the Project Applicant shall provide additional lanes beyond the existing
conditions at the Coffee Road/Project Entrance #7 intersection as follows: one
eastbound left-turn lane, one westbound left-turn lane, one northbound left-
turn lane, one northbound right-turn lane, two southbound left-turn lanes, one
southbound through lane, and one southbound right-turn lane.
5.5-6h Prior to submittal of a tentative tract, parcel map, or site plan application for
Phase 3 of the Project, whichever occurs first, the applicant shall consult with
the City of Bakersfield and Caltrans District 6 to identify and implement feasible
mitigation pertaining to cumulative traffic, Year 2030 impacts on SR-99 between
Olive Drive and SR-204.
Cumulative Noise Impacts
5.6-6 WITH CUMULATIVE PROJECTS, THE PROPOSED PROJECT WOULD INCREASE THE
AMBIENT NOISE LEVELS IN THE PROJECT VICINITY.
Facts Supporting Finding
The proposed Project would result in cumulative long-term mobile noise impacts along
two roadway segments based on the MBGP thresholds of significance. Therefore, the
proposed Project, in combination with cumulative background traffic noise levels, would
result in a significant impact. Because significant cumulative mobile noise impacts would
occur along two off-site segments of Coffee Road that do not currently have block walls
(Snow Road to Norris Road and Norris Road to Olive Drive), mitigation measures are not
considered feasible as the Project cannot impose mitigation (i.e., sound walls) on off-site
uses. It should be noted; however, that according to Section 16.28.170.1 of the
Bakersfield Municipal Code (or the Kern County Land Division Ordinance if within County
land), residential lots having side yards adjacent to collector or arterial streets are ~ bP KF9
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required to install a six foot masonry wall with landscaping. If the required masonry wall
were present along these segments, noise levels would be within the City standard of 65
dBA. Since a masonry wall is not present along these two segments, implementation of
the proposed Project would result in a significant and unavoidable cumulative noise
impact. No mitigation measures are feasible.
IX. FINDING REGARDING ALTERNATIVES
The City of Bakersfield, having reviewed and considered the information contained in the
Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to
Public Resources Code 21081 (a) (3) and State CEGA Guidelines § 15091 (a) (3) that (i) the
Final EIR considers a reasonable range of project alternatives and mitigation measures.
The following four alternatives have been determined to represent a reasonable range
of alternatives which have the potential to feasibly attain most of the basic objectives of
the Project but which may avoid or substantially lessen any of the significant impacts of
the proposed Project.
"No Project/No Development" Alternative
The "No Project/No Development" Alternative assumes that the proposed GPA, zone
change, annexation, and subsequent development would not be implemented. Under
this scenario, the MBGP Land Use Designations on the Project site would remain SR
(Suburban Residential), SI (Service Industrial), LI (Light Industrial), and LR (Low Density
Residential); the zoning would remain A (Exclusive Agriculture), M-2 PD (Medium Industrial
- Precise Development), and R-1 (Low Density Residential); and the Project site would
remain under Kern County jurisdiction. Additionally, this Alternative assumes that existing
land uses on the Project site would remain unchanged, and, as such, would remain
primarily vacant land that is under agricultural production or cultivation. The structures
that are present, including a single-family residence and shop on the northern portion of
the site, would remain. Because the Project site would remain unchanged, few or no
environmental impacts would occur.
This Alternative would avoid or substantially lessen all impacts associated with
environmental categories. However, this Alternative would not be sufficient to create
commercial development adequate to sustain future growth projections within
northwestern Bakersfield. This Alternative is considered environmentally superior to the
proposed Project because it would avoid all or most of the Project's short-term, long-
term, and cumulative impacts. It would not meet any of the Project objectives, nor
would it be consistent with the long-range goals of the City's MBGP relative to land use
and the orderly transition of land through the development review process.
"No Project/ Development In Accordance With Existing General Plan Designations"
Alternative
Under the "No Project/ Development in Accordance with Existing General Plan
Designations" Alternative, the Project would not require a general plan amendment or
zone change as the Project site is already designated and zoned for the proposed use.
The Project site would be developed to the maximum intensity allowed under the existing
MBGP land use designation, and the Project site would not be annexed into the City of
Bakersfield corporate boundaries. Implementation of this Alternative would consist of
development on the 300.98-acre Project site under the current land use designations of
SR (Suburban Residential), SI (Service Industrial), LI (Light Industrial), and LR (Low Density $PKF9
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Residential). The SR designation allows the development density of less than or equal to 4
dwelling units per net acre; the SI designation allows a Floor Area Ratio of 0.4 with a
maximum of six stories; the LI designation allows a Floor Area Ratio of 1.0 with a maximum
of six stories; and the LR designation allows the development density of less than or equal
to 7.26 dwelling units per net acre.
Specifically, this Alternative would result in approximately 62.14 acres of Suburban
Residential uses with a maximum number of 248 dwelling units; 244.75 acres of Service
Industrial uses with a maximum of 4,264,524 square feet based on a 0.4 Floor Area Ratio;
15.71 acres of Light Industrial with a maximum of 684,328 square feet based on a 1.0 Floor
Area Ratio, and 0.24 acres of Low Density Residential with a maximum of 2 dwelling units.
Although implementation of this Alternative would be consistent with the existing MBGP
land use designations and zoning for the Project site, not all of the stated Project
objectives (as described in Section 7.1) would be satisfied. In addition, this Alternative
would not be sufficient to create a commercial development adequate to sustain future
growth projections within northwestern Bakersfield. This Alternative would not significantly
reduce impacts associated with the proposed Project. It would, in fact, result in similar
impacts or increase the level of impacts to all environmental categories discussed
above. This Alternative would also not provide as wide of variety of commercial
opportunities, and would not likely represent a mixed-use retail environment (including a
movie theater) compared to the proposed Project. Therefore, the "No Project/
Development in Accordance with Existing General Plan and Zoning Designations"
Alternative is environmentally inferior to the proposed Project.
"Development of Retail Component Only" Alternative
Approximately 1,459,500 square feet of building space for general commercial uses
would occur under the "Development of Retail Component Only" Alternative. This
Alternative would include a community retail center on ±65.57 acres, containing
approximately 620,300 square feet of retail, restaurants, and theater, in addition to
destination retail on ±78.50 acres containing approximately 794,000 square feet of retail,
plus 45,200 square feet of a garden sales area. This Alternative would not include the
332,000 square feet of office/warehouse/commercial uses, nor would it include the
1,376,496 square feet of industrial uses. Approximately 144 acres of the 300.98-acre site
would be developed. The remaining 156.91 acres would be left as agricultural land. This
Alternative would lessen most impacts associated with environmental categories;
however, it only partially meets the proposed Project objectives
This Alternative would reduce impacts compared to the proposed Project in the
categories of land use and relevant planning, cultural resources, public health and
safety, public services and utilities, traffic and circulation, noise, hydrology and water
quality, and urban decay; and would have similar impacts in the categories of
agriculture, aesthetics, light, and glare, biological resources, geologic resources, and air
quality. This Alternative was rejected because it does not fulfill several of the objectives
of the proposed Project.
"Reduced Intensity" Alternative
Under the "Reduced Intensity" Alternative, there would be a 25 percent reduction of
square footage on the proposed Project site. The "Reduced Intensity" Alternative is OAKF
defined as the development of approximately 2,375,997 square feet (compared to oQ
y -r+
JN 60-100334 87 of 89 June 2010 OPIMNAL~
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
GPA/ZC No. 06-2247 / Annexation No. 608
B A K E R S F[ E L D SCH No. 2007101059
3,167,996 square feet) of retail commercial on the entire proposed Project site. This
Alternative includes smaller retail stores compared to the proposed Project; however, the
entire Project site would be graded. This Alternative would meet some of the Project
objectives, but not to the degree of the proposed Project.
This Alternative would reduce impacts compared to the proposed Project in the
categories of aesthetics, light, and glare, traffic and circulation, and public services and
utilities; and would have equivalent impacts in the categories of land use and planning,
agriculture, public health and safety, noise, air quality, biological resources, cultural
resources, geologic resources, hydrology and water quality, and urban decay. This
Alternative was rejected because it does not fulfill the objectives of the proposed
Project.
"Environmentally Superior" Alternative
The purpose of the Alternatives evaluation is to develop Project Alternatives that have
fewer or no significant impacts compared to the proposed Project. CEQA § 15126.6(e) (2)
indicates that, if the No Project/No Development" Alternative is the "Environmentally
Superior" Alternative, then the EIR shall also identify an Environmentally Superior
Alternative among the other Alternatives. In this case, the "No Project/No Development"
Alternative (Existing Conditions) is the environmentally superior Alternative, as it would not
result in environmental impacts associated with construction and long-term operation.
The "No Project/Development in Accordance with Existing General Plan and Zoning
Designations" Alternative would allow buildout of the Project area under the existing
MBGP and zoning designation. While several of the environmental categories (i.e. land
use, agriculture, public health and safety, aesthetics, light, and glare, traffic and
circulation, biological resources, cultural resources, public services and utilities, geologic
and seismic hazards, and urban decay), would result in similar impacts to the proposed
Project, this Alternative does not reduce impacts of any environmental categories. This
Alternative would meet the majority of the proposed Project's objectives; however,
environmental categories related to noise, and air quality impacts would be increased,
in comparison to the proposed Project. Therefore, this alternative has been rejected as
an environmentally superior alternative.
The "Development of Retail Component Only" Alternative would reduce impacts
compared to the proposed Project in the categories of land use and relevant planning,
cultural resources, public health and safety, public services and utilities, traffic and
circulation, noise, hydrology and water quality, and urban decay; and would have
similar impacts in the categories of agriculture, aesthetics, light, and glare, biological
resources, geologic resources, and air quality. This Alternative was rejected because it
would only partially satisfy the proposed Project objectives.
The "Reduced Intensity" Alternative would reduce impacts compared to the proposed
Project in the categories of aesthetics, light, and glare, traffic and circulation, and public
services and utilities; and would have equivalent impacts in the categories of land use
and planning, agriculture, public health and safety, noise, air quality, biological
resources, cultural resources, geologic resources, hydrology and water quality, and
urban decay. This Alternative was rejected because it does not fulfill many of the
objectives of the proposed Project.
o~~PKFy~
JN 60-100334 88 of 89 June 2010 C)RIGINAI Q)
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
IA 4KE R 77 i EL D GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
Based on the reasons stated above, the proposed Project is considered the
Environmentally Superior Alternative because no other project alternative both feasibly
achieves the objectives of the Project and avoids the significant impacts of the Project.
kgAKF9
C
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JN 60-100334 89 of 89 June 2010 ORIGINAL
Exhibit C
Statement of Overriding Considerations
o~~AK~9
'nRIGINALL
A4r CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A K E R S F 1 E L D GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
EXHIBIT C
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to § 15093 of the State CEQA Guidelines, decision-makers are required to
balance the benefits of a project against its unavoidable environmental risks in
determining whether to approve a project. In the event the benefits of a project
outweigh the unavoidable adverse effects, the adverse environmental effects may be
considered "acceptable". The State CEQA Guidelines require that, when a public
agency allows for the occurrence of significant effects which are identified in the Final
EIR but are not at least substantially mitigated, the agency shall state in writing the
specific reasons the action was supported. Any statement of overriding considerations
should be included in the record of project approval and should be mentioned in the
Notice of Determination.
To the extent the significant effects of the project are not avoided or substantially
lessened to a level of insignificance, the City of Bakersfield, having reviewed and
considered the information contained in the Final EIR for the proposed Project, and
having reviewed and considered the information contained in the public record, and
having balanced the benefits of the proposed Project against the unavoidable effects
which remain, finds that such unmitigated effects to be acceptable in consideration of
the following overriding considerations discussion.
The City finds that all feasible mitigation measures have been imposed to lessen
proposed Project impacts to less than significant, and furthermore, that alternatives to
the proposed Project are infeasible because they have greater environmental impacts,
do not provide the benefits of the proposed Project, or are otherwise socially or
economically infeasible as fully described in the Project findings.
The environmental analysis undertaken for the Saco Ranch Commercial Center Project
indicated the proposed Project would result in contributions to traffic and circulation
(cumulative traffic - year 2030), and noise (cumulative impacts) that would represent a
significant adverse environmental effect on a Project basis.
The City of Bakersfield, as Lead Agency and decision-maker for the proposed Project,
has reviewed and considered the information contained in both the Draft and Final EIRs
prepared for Saco Ranch Commercial Center Project and the public record. The
proposed Project benefits include the following:
• Provide a shopping center that meets the substantial and unmet retail and service
demands of the residents within the northern portion of the City;
• Cluster commercial retail uses that provide goods and services near an interchange
with SR-99 to reduce traffic congestion and air emissions;
• Provide a large-scale retail, commercial, and industrial center at the Seventh
Standard Road and SR-99 interchange in the northern metropolitan area of the City
that would provide a broad range of goods and services that serve the regional
market area;
• Cluster retail, commercial, and industrial uses in close proximity to Meadows Field to
accommodate air freight and reduce traffic congestion and air emissions;
~~AKFS
O ~
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JN 60-100334 1 of 2 June 20100
0RIGINA1
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A K E R S F I EL D GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
• Allow for the development of a variety of commercial, office, and industrial centers
which are differentiated by their function, intended users and level of intensity;
• Provide a center which offers a variety of retail, recreational, and dining
opportunities;
• Provide new retail and commercial development that captures the economic
demands generated by the marketplace;
• Accommodate new development that channels land uses in a phased, orderly
manner and is coordinated with the provision of infrastructure and public
improvements;
• Provide new development that will assist the City of Bakersfield in obtaining fiscal
balance in the years and decades ahead;
• Create a mixed-use retail environment anchored by a theater, big box retail stores,
and service retail that provide goods and services in a one-stop shopping
environment;
• Address community circulation, both vehicular and pedestrian, utilizing available
capacity within the existing circulation system, and provide fair-share system
improvements to deficient intersections or road segments;
• To provide a mix of uses that would be mutually supportive linked by trails and
greenbelts, reducing automobile dependency and encouraging pedestrian activity.
These design features are expected to reduce air emissions related to traffic;
• Facilitate a planned development and related in-line tenants consistent with the
market objectives of the applicant and its tenants; and
• Encourage excellence and creativity in the general plan and contribute to a
community with a specific sense of identity and a high quality of life.
The Lead Agency makes the following finding, pursuant to § 15093 of the State CEQA
Guidelines, with regard to the Statement of Overriding Considerations for the Saco
Ranch Commercial Center Project:
California Administrative Code, Title 14, Section 15093(a) states: "If the
benefits of a proposed project outweigh the unavoidable adverse
environmental effects, the adverse environmental effects may be
considered `acceptable'." Based on the above discussion and on the
evidence presented, the City of Bakersfield therefore finds that the benefits
of the proposed project outweigh the adverse impacts to traffic and
circulation (cumulative - year 2030) and noise (cumulative impacts)
associated with the Saco Ranch Commercial Center Project, which
cannot be eliminated or reduced to a level less than significant.
s
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JN 60-100334 2 of 2 June 201 ,ANAL
Exhibit D
Mitigation Monitoring and Reporting Program
s
O~~AKF T
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vORIGINAL
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A x s R s e i e, o GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
EXHIBIT D
13.0 MITIGATION MONITORING PROGRAM
13.1 MITIGATION AND MONITORING PROGRAM
CONTENTS
This document is the Mitigation Monitoring Program (MMP) for the proposed
Saco Ranch Commercial Center Project (General Plan Amendment and
Zone Change [GPA/ZC] 06-2247 / Annexation No. 608) (State Clearinghouse
No. 2007101059) located immediately northwest of the City of Bakersfield
corporate limits within the City's Sphere of Influence, in an unincorporated
area within the central portion of Kern County, California. The MMP includes
a brief discussion of the legal basis for and the purpose of the program, and
provides direction regarding complaints about noncompliance, a key to
understanding the monitoring matrix, and the monitoring matrix itself.
13.2 LEGAL BASIS OF AND PURPOSE FOR THE MITIGATION
MONITORING PROGRAM
California Public Resources Code §21081.6 requires public agencies to adopt
mitigation monitoring or reporting programs whenever certifying an
Environmental Impact Report (EIR) or a Mitigated Negative Declaration. This
requirement facilitates implementation of all mitigation measures adopted
through the California Environmental Quality Act (CEQA) process.
The MMP contained herein is intended to satisfy the requirements of CEQA as
they relate to the EIR prepared for the Saco Ranch Commercial Center
Project. It is intended to be used by City of Bakersfield (City) staff,
participating agencies, the developer, project contractors, and mitigation
monitoring personnel during implementation of the proposed Project.
Mitigation is defined by State CEQA Guidelines § 15370 as a measure that
does any of the following:
• Avoids impacts altogether by not taking a certain action or parts of an
action.
• Minimizes impacts by limiting the degree or magnitude of the action
and its implementation.
• Rectifies impacts by repairing, rehabilitating, or restoring the impacted
environment.
• Reduces or eliminates impacts over time by preservation and
maintenance operations during the life of the project.
o~~AKF9~.
} R
FINAL • JUNE 2010 1 of 38 Mitigation Monitoring Program ORIGINA'
CITY OF BAKERSFIELD
Saco Ranch Commercial Center
B A K E R S F l E L D GPA/ZC No. 06-2247 / Annexation No. 608
SCH No. 2007101059
• Compensates for impacts by replacing or providing substitute
resources or environments.
The intent of the MMP is to ensure the effective implementation and
enforcement of adopted mitigation measures and permit conditions. The
MMP will provide for monitoring of construction activities as necessary, on-site
identification and resolution of environmental problems, and proper reporting
to City staff.
13.3 MITIGATION MONITORING TABLE
The Mitigation Monitoring Table identifies the mitigation measures proposed
for the Saco Ranch Commercial Center Project. These mitigation measures
are reproduced from the EIR and conditions of approval for the Project. The
table has the following columns:
Mitigation Measure/Summary of Measure: Lists the mitigation measures
identified within the EIR for a specific impact, along with the number for each
measure enumerated in the EIR.
Implementation Phase: Identifies at what point in time, review process, or
phase the mitigation measures will be completed.
Monitoring Phase: Identifies at what point in time, review process, or phase
the mitigation measures will be monitored.
Enforcing Agency: References the City department or any other public
agency with which coordination is required to satisfy the identified mitigation
measure.
Verification of Compliance: Spaces to be initialed and dated by the
individual designated to verify adherence to a specific mitigation measure.
13.4 NONCOMPLIANCE COMPLAINTS
Any person or agency may file a complaint asserting noncompliance with
the mitigation measures associated with the proposed Project. The
complaint shall be directed to the City in written form, providing specific
information on the asserted violation. The City shall conduct an investigation
to determine the validity of the complaint. If noncompliance with a
mitigation measure has occurred, the City shall take appropriate action to
remedy any violation. The complainant shall receive written confirmation
indicating the results of the investigation or the final action corresponding to
the particular noncompliance issue.
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FINAL • JUNE 2010 2 of 38 Mitigation Monitoring Program`'~Ac
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