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HomeMy WebLinkAboutRES NO 099-10 RESOLUTION NO. 099- 10 RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO. 06- 2247, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED SOUTHEAST AND SOUTHWEST OF THE INTERSECTION OF COFFEE ROAD AND SEVENTH STANDARD ROAD. WHEREAS, McIntosh & Associates, for Bidart Bros., filed an application requesting a General Plan Amendment to change the land use designations of certain property to be annexed within the City of Bakersfield as hereinafter described; and 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 General Plan Amendment 06-2247 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of the time and place of public 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, General Plan Amendment 06-2247, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: GENERAL PLAN AMENDMENT NO 06-2247• McIntosh & Associates, for Bidart Bros., applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan (see Exhibit B) 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 WHEREAS, for the above described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the applicant for the property owner has indicated the purpose of the request is to develop a commercial center with retail, office and industrial uses; and WHEREAS, the project site lies within a path of development with approved urban development projects in progress; and WHEREAS, adjacent urban development projects as well as local government agency efforts have extended or will extend supporting utilities and infrastructure adjacent to the property; and WHEREAS, the Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 20-10, adopted on June 17, 2010: 1. The laws and regulations relating to the preparation and adoption ofkVAKFq Environmental Impact Reports as set forth in CEQA, the State CEQA Guidelinef, T r and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and 2. All required notices have been given; and 3. The provisions of CEQA have been followed; and 4. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. An Environmental Impact Report was prepared for the project in accordance with CEQA; and 5. The amendment to the Land Use Element of the Metropolitan Bakersfield General Plan as shown in the attached Exhibit B is compatible with the land use and circulation designations of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. 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. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows: I . The above recitals and findings incorporated herein by reference are true and correct and constitute the Findings of the City Council in this matter. 2. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 3. That General Plan Amendment No. 06-2247 to the Land Use Element is hereby approved as recommended by the Planning Commission and shown on the General Plan Amendment Maps in Exhibit B, subject to the Mitigation Measures/Conditions of Approval for the project as shown in Exhibit A and Mitigation Monitoring and Reporting Program adopted in the Final Environmental gAKF9 Page 2 of 4 `P m ~ O 1AIniNAL Impact Report as shown in Exhibit E. 4. Attached Exhibit C containing the Statement of Facts, Findings, and Mitigation Measures are appropriate and incorporated into the project. 5. Attached Exhibit D containing the Statement of Overriding Considerations related to significant unavoidable cumulative traffic and noise impacts are appropriate and adopted for the project. 6. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 7. That General Plan Amendment No. 06-2247, approved herein, be combined with other approved General Plan Amendment cases in this some cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. 000-------- ~gAKF9 Page 3 of 4 (Pn M " r 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: ✓ ✓ ✓ ✓ ✓ ✓ COUNCILMEMBER CARSON---.- WEIR Cnu~H HANSON Cul i IVAN Sc RIVNER NOES: COUNCILMEMBER_ ~LTh~ AB IN: COUNCILMEMBER hi ABSEN . COUNCILMEMBER Fin (r v ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 1 1 2010 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorne By EXHIBIT A Mitigation Measures/Conditions of Approval B General Plan Amendment Location Maps C Statement of Facts, Findings, and Mitigation Measures D Statement of Overriding Considerations E Mitigation Monitoring and Reporting Program CG - S:\GPAs\GPA 2nd 2010\EIR 06-2247 (Saco Ranch EIR)\Res Ordinances\CC GPA.doc ~gAKF9 Page 4 of 4 p p rr r z~ O OP41NAL Exhibit A Conditions of Approval & Mitigation Measures AK L _ m r O 7RIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-2247 Plannina 1. The applicant shall appoint a project manager to act as a liaison with city staff and track (monitor) all conditions of approval/mitigation measures. The project manager shall provide written evidence and documentation confirming the satisfactory completion and/or compliance with the list of conditions, including mitigation measures of the project. The project manager shall submit the entire list of conditions with said evidence/documentation and status of each condition with each subsequent development application and/or plans submitted to the Development Services Department and Public Works Department. The project manager shall coordinate with city departments and other agencies as needed to satisfy conditions/mitigation measures, and document compliance. Documentation from the project manager as to the compliance of the condition/mitigation measures are subject to review and acceptance by the Planning Director, or his designee. The name and contact information for the project manager shall be provided to city staff on all submittals. For orderly development. 2. A multipurpose trail shall be provided thru the project site generally on the west side of Coffee Road and continue west generally along the southern side of Seventh Standard Road within a 24-foot wide parkway, see attached Exhibit A. A 12-foot wide concrete trail shall meander within a 24-foot wide parkway but in no case shall the edge of the trial come within 5 feet of flowline. The remainder of the 24-foot wide parkway shall be landscaped as directed by the City Parks Division. The final location of the multi-purpose trail is subject to approval by the Planning Director. For orderly development. 3. The developer shall add class 2 bike lanes along Coffee Road between the northern and southern boundary of the project site, add a class 2 bike lane along Snow Road at the southern boundary, and add a class 3 bike lane along Seventh Standard Road at the northern boundary of the project site. For orderly development. Public Works 4. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a) Provide fully executed dedication for Seventh Standard Road to expressway standards, Coffee Road and Snow Road to arterial standards and Quail Creek Road, Etchart Road, Fruitvale Avenue and additional dedication for Golden State Highway to collector standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. b) Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 4 sumps may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPA/ZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. c) The GPA/ZC area within the service area of the North of the River Sanitary District No. 1. Sewer service must conform to the NORSD's adopted sewer study and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right of way shall require a City of Bakersfield Open Street Permit and be per the City of Bakersfield adopted standard. d) In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have 1 $AK199 Page 1 of 18 0 Q> ORIGINAL EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. e) The project applicant shall provide the City of Bakersfield with a phasing plan of all onsite and required offsite infrastructure to be reviewed and approved by the City Engineer. f) Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction of all infrastructure will be addressed at the subdivision map and or site plan review stage. For orderly development. 5. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 6. Payment of the proportionate share of the cost of the median for the arterial and expressway frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. For orderly development. 7. Offsite access to the project area from Quail Creek Road is provided by a sub-standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. For orderly development. 8. Seventh Standard Road is to be constructed as an expressway per Resolution No. 112-07. Provide waiver of direct access along the frontage of Seventh Standard Road within the GPA/ZC area, except for driveway locations as shown on the approved PD Plan. For orderly development. 9. The Seventh Standard Road, Coffee Road, Etchart Road, Snow Road and Fruitvale Avenue crossings of the Beardsley Canal need widening. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings. For orderly development. 10. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. Mitigation for potentially significant traffic impacts. 11. At the earliest of the following, (i) January 1, 2030, or (ii) at such time as complete Project build-out results in Project trip generation equal to 2431 AM peak hour trips or 5527 PM peak hour trips as calculated in Section IV "Traffic Projections", page 26 & 27 in the projects traffic study: a site-specific acoustical analysis shall be conducted by a qualified acoustical engineer to determine if existing homes located along the east and west side of Coffee Road (between Snow Road and Olive Drive) are located within the 65 dB CNEL contour for "2030 With Project" conditions (100 feet from the center of the roadway), and if such homes are not protected by an effective sound wall. Construction gp,K6. } m r Page 2 of 18 ~ORIGINAL EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval new or replacement/extension of existing sound walls shall be implemented to achieve an exterior noise exposure of 65 dB CNEL or less at the homes. The site-specific acoustical analysis shall be the responsibility of the Project Developer, and shall include measures to maintain the 20 dB reduction between exterior and interior noise levels. If the homes located along the east and west side of Coffee Road (between Snow Road and Olive Drive) are within the 65 dB contour and exterior noise cannot be reduced to 65 dB or below by use of a sound wall, then interior noise reduction measures shall be used. Interior noise reduction can be achieved by providing windows facing Coffee Road with assemblies having a minimum laboratory- tested sound transmission class (STC) rating of 35. Mitigation for potentially significant noise impacts. 12. In accordance with the Circulation Element of the Metropolitan Bakersfield General Plan, with the first development, building permit, or subdivision in the industrial portion of the GPA/ZC area, construct improvements along the west side of Golden State Highway from centerline, to collector standards or as directed by the city engineer adjacent to the GPA/ZC area including the at grade railroad crossings at the intersections of Etchart Road and Fruitvale Avenue with Golden State Highway. For orderly development. 13. The mitigation measures in the Traffic Study, Addendum One of the Traffic Study, and DEIR details specific intersection and street improvements that the project applicant is required to construct by opening day (2015) and at full buildout (2030). Improvements shall include all necessary transitions to satisfactorily transition traffic. Based upon the study and DEIR the following mitigation measures would be appropriate: a) Regional Transportation Impact Fee Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in place for the various land use types at the time of development. The Phase III MBRTIF program was the current impact fee program at the time of preparation of the Traffic Impact Study. The project will be required to participate in the RTIF program that is current at the time of development of the proposed project regardless of which version of the program is referenced in and current at the time of preparation of the TIS. Mitigation for potentially significant traffic impacts. b) Local Mitigation - Fair Share Percentage Pay the proportionate share of the mitigation measures (not paid for by the Regional Transportation Impact Fee) as indicated in Tables 6 and Table 8 from the projects Traffic Impact Study including Addendum One (McIntosh and Associates, 2008 [Appendix 15.41). These tables shall be updated to reflect the RTIF calculated at time of project development based on the then current RTIF program in accordance with City of Bakersfield policy. An estimate and fee schedule shall be developed by the applicant and approved by the City's Public Works Department prior to issuance of a building permit. Mitigation for potentially significant traffic impacts. c) The project developer will be required to build the street improvements related to the project's frontage per City of Bakersfield ordinance including the project created intersections. In the course of constructing the project's frontage, if the project is required to construct improvements identified in the RTIF program current at time of development, then the developer will receive credits toward payment of their traffic impact fees commensurate with the cost of construction of those improvements identified as included in the RTIF program current at time of project development. Mitigation for potentially significant traffic impacts. d) Local Mitigation - Beyond City Standards Pay the proportionate share of the mitigation measures identified in the Traffic Study as beyon ~AKF9 current City of Bakersfield standards prior to the completion of 75% of full project build- cA p m Page 3 of 18 ~^RhINAp EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval (2,376,000 sgft of the total project building areas). The mitigation measure are listed in Tables 6 and Table 8 from the projects Traffic Impact Study including Addendum One (McIntosh and Associates, 2008 [Appendix 15.4]). An estimate and fee schedule shall be developed by the applicant and approved by the City's Public Works Department prior to issuance of a building permit. Fair share improvement costs shall include cost to acquire additional right of way and to provide necessary transitions to satisfactorily transition traffic. Proportionate shares from the study as follows: i. Intersections • Seventh Standard Rd/Calloway Dr; Add: 1 SR, 5.63% • Seventh Standard Rd/Coffee Rd; Restripe 1 NT to become 1 NL; add 1 ET, 1 WL, 35.52% • Seventh Standard Rd/Golden State Hwy/SR-99 SB Off-Ramp; Add: 1 NR, 1 ET, 1 WT; Overlap NR and SR movement phases, 31.23% • Seventh Standard Rd/Porterville Hwy (SR-65); Add: 1 WL, 2 NL, 1 ST, 10.41 % • Olive Dr/Calloway Dr; Add the following to the full expansion of the intersection: 1 ER, 1 NR, 1 SR; Overlap ER Phases, 13.88% • Olive Dr/Coffee Rd; Add: 1 WL, 15.13% • Hageman Rd/Calloway Dr; Add: 1 ST, 10.80% • Rosedale Hwy (SR_58)/Coffee Rd; Add: 1 NT, 5.91% ii. Segments • Olive Dr: Riverlakes Dr to Coffee Rd; Improve to 8-lane, divided, 2.83% • Coffee Rd: Olive Dr to Hageman Rd; Improve to 8-lane, divided, 16.09% • SR-99: Olive Dr NB Off-Ramp to SR-204 SB Off-Ramp; Improvements require expansion beyond 8-lane Fwy, identified with RTIF and require Caltrans consultation 13.70% Mitigation for potentially significant traffic impacts. e) Local Mitigation - Construct Prior to Opening Day (2015) The project shall construct the mitigation measures listed below and complete the construction before the first Certificate of Occupancy is issued for the project. The project is responsible for 100% of the improvements: i. Per Section 5.5-2, Provide a signalized intersection at Coffee Road/Project Entrance #7. ii. Per Section 5.5-4, Construct the following intersection improvements as indicated and as per City of Bakersfield standards: • Seventh Standard Road/Project Entrance #4, Add: 1 ET, 1 WT • Seventh Standard Road/Coffee Road, Add: 1 ET, 1 WL, 1 WT, 1 NR; Overlap NR Phase; Change NL and SL Phasing to "Permitted + Protected" • Seventh Standard Rd/Golden State Hwy/SR-99 SB Off-Ramp, Add: 1 ET, 1 ER • Seventh Standard Rd/SR-99 NB Off-Ramp, Add: 1 EL, 1 WL, 1 NL, 1 SL • Seventh Standard Rd/Airport Drive, Add: 1 NR • Snow Rd/Coffee Rd, Add: 1 ET, 1 WT, 1 NT, 1 ST, 1 SR • Snow Rd/Patton Way, Restripe to add 1 ET; add 1 WT • Norris Rd/Coffee Rd, Add: 1 NT, 1 ST • Olive Dr/SR-99 SB Off-Ramp/Landco Dr, Add: 1 ET iii. Construct the following roadway segments as identified in the DEIR, page 5.5-35: • Seventh Standard Rd: Calloway to Coffee and SR-99 S/B On-Ramp to SR-99 N/B Ramps: Improve 4-lane, divided • Seventh Standard Road: Coffee Road to SR-99 S/B On-Ramp: Improve 6-lane, divided • Etchart Rd: Coffee Rd to Project Entrance #8: Improve 2-lane, divided • Snow Road: Jewetta Ave to Norris Rd/Verdugo Lane and Quail Creek Rd to Coffee Rd: Improve 2-lane, divided • Snow Road: Coffee Rd to Patton Way: Improve 4-lane, undivided • Coffee Road: Project Entrance #7 to Snow Rd: Improve 4-lane, undivided • SR-99: Olive Dr N/B Off-Ramp to SR-204 S/B Off-Ramp, Improve to 8-lane freeway • Coffee Road: Seventh Standard Road to Project Entrance #7 shall be constructed to t0KF City's 6 lane arterial standard with median. m Page 4 of 18 0DRIGINAII EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval Mitigation for potentially significant traffic impacts. f) Local Mitigation - Construct Prior to Full Build-Out (prior to vear 2030. The project shall construct the mitigation measures listed below and complete before 75% of full project build-out (2,376,000 sgft of the total project building areas) are issued a Certificate of Occupancy. The project is responsible for 100% of the improvements: i. Per Table 5.5-13, Construct the following intersection improvements as indicated and as per City of Bakersfield standards: • Seventh Standard Rd/Zerker Rd, Add: 1 EL • Seventh Standard Rd/Verdugo Ln, Add: 1 WL; overlap WR phasing • Seventh Standard Rd/Quail Creek Rd, Add: 1 ER; 1 WL; 1 NR • Seventh Standard Rd/Project Entrance #3, Add: 2 ET; 1 WT • Seventh Standard Rd/Project Entrance #4, Add: 1 ET; 1 WL; 1 WT • Seventh Standard Rd/Project Entrance #5, Add: 2 ET; 2 WT • Seventh Standard Rd/SR-99 NB Off-Ramp, Synchronize E-W corridor; Add: 1 EL, 1 WL, 1 SL • Coffee Rd/Project Entrance #6, Add: 1 NL, 1 NT, 1 SL, 1 ST • Coffee Rd/Project Entrance #7, Add: 1 EL, 1 WL, 1 NL, 1 NR, 2 SL, 1 ST, 1 SR • Etchart Road/Coffee Road, Add: 1 NT, 1 ST, 1 SL • Etchart Road/Golden State Hwy, Provide All-Way Stop; Add 1 ER • Snow Rd/Calloway Dr, Restripe to add: 1 ET, 1 NL; Add: 1 WT, 1 SL • Snow Rd/Quail Creek Rd, Add: 1 EL, 1 WL • Snow Rd/Coffee Rd, Add: 1 EL, 1 ET, 1 SL, 1 ST; Overlap SR Phases • Snow Rd/Golden State Hwy, Add: 1 ER; Overlap ER Phases • Norris Rd/Coffee Rd, Add: 1 EL, 1 WL, 1 NL, 1 SL • Norris Rd/SR-99 NB On-Ramp, Add: 1 EL ii. Per Table 5.5-14, Construct the following roadways as indicated per City of Bakersfield standards: • Seventh Standard Rd: Coffee Rd to Golden State Hwy/SR-99 SB Off-Ramp, Improve to 6- lane, expressway • Seventh Standard Rd: SR-99 SB On-Ramp to Porterville Hwy (SR-65), Improve to 6-lane, divided • Etchart Rd: Coffee Rd to Project Entrance #8, Improve to 4-lane, undivided • Snow Rd: Calloway Rd to Coffee Rd, Improve to 6-lane, divided • Norris Rd: Knudsen Dr to SR-99 NB On-Ramp, Improve to 4-lane, undivided • Zerker Rd/Allen Rd: Snow Rd to Olive Dr, Improve to 4-lane, undivided • Calloway Dr: Etchart Rd to Snow Rd, Improve to 4-lane, divided • Calloway Dr: Snow Rd to Norris Rd, Improve to 4-lane, undivided • Calloway Dr: Olive Dr to Hageman Rd, Improve to 6-lane, divided • Coffee Rd: Project Entrance #7 to Snow Rd, Improve to 4-lane, divided • Coffee Rd: Snow Rd to Norris Rd, Improve to 6-lane, divided Mitigation for potentially significant traffic impacts. 14. A signalized intersection shall not be allowed at Coffee Road/Project Entrance #6. Only right in/out shall be allowed at this intersection. Mitigation for potentially significant traffic impacts. City Atfornev 15. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kin whatsoever, in any way arising from, the terms and provisions of this application, including witl)EJ? F9J, Fn r Page 5of18 nRI(;INA1. EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY'S sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT: Land Use and Relevant Plannina 16. (MM 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. For potentially significant impacts to land use and relevant planning. Agriculture 17. (MM 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 1:1 for net acreage before conversion. Net acreage is to be calculated based on 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. For potentially significant impacts to agricultural resources. o`` 6AKF9~ Page 6 of 18 v p 7RIGINAI. EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval Public Health and Safetv 18. (MM 5.3-1a) 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. For potentially significant impacts to public health and safety. 19. (MM 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. For potentially significant impacts to public health and safety. 20. (MM 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: a) "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. b) 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. c) 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. For potentially significant impacts to public health and safety. 21. (MM 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. For potentially significant impacts to public health and safety. 22. (MM 5.3-1e) Prior to any grading activities, well no. 29S27E-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. 29S27E-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. For potentially significant impacts to public health and safety. 23. (MM 5.3-1f) 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 to~'AKF9J, Fn_ Page 7 of 18 p ORIGINAL EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval building owners conduct an asbestos survey to determine the presence of asbestos-containing materials (ACMs) prior to the commencement of any remedial work, including demolition. For potentially significant impacts to public health and safety. 24. (MM 5.3-1g) 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. For potentially significant impacts to public health and safety. 25. (MM 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. For potentially significant impacts to public health and safety. 26. (MM 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. For potentially significant impacts to public health and safety. 27. (MM 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. For potentially significant impacts to public health and safety. 28. (MM 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. For potentially significant impacts to public health and safety. 29. (MM 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. o~ 0AKF9N y " Page 8 of 18 r1RIMNA! EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval For potentially significant impacts to public health and safety. 30. (MM 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. For potentially significant impacts to public health and safety. 31. (MM 5.3-10a) Refer to Section 5.7, AIR QUALITY, regarding fugitive dust mitigation measures. For potentially significant impacts to public health and safety. 32. (MM 5.3-10b) Pursuant to the San Joaquin Valley Air Pollution Control District (SJVAPCD) Regulation VIII-Fugitive PM 10 Prohibitions, all areas with bare soil exposed as a result of the proposed Project's 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. For potentially significant impacts to public health and safety. 33. (MM 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. For potentially significant impacts to public health and safety. 34. (MM 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 future as well as existing airport operations. For potentially significant impacts to public health and safety. Aesthetics. Licht and Glare 35. (MM 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. For potentially significant impacts to aesthetic resources. 36. (MM 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. For potentially significant impacts to aesthetic resources. 37. (MM 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. For potentially significant impacts to aesthetic resources. 38. (MM 5.4-5a) Implement Mitigation Measure 5.4-4. For potentially significant impacts to aesthetic resources. o~ 6AK49 Page 9 of 18 ')RIGINAL~ EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval 39. (MM 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. For potentially significant impacts to aesthetic resources. Traffic and Circulation 40. (MM 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 Department and City and County Fire Departments as it applies to emergency response or evacuation plans. For potentially significant impacts to traffic and circulation. 41. (MM 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. For potentially significant impacts to traffic and circulation. 42. (MM 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. For potentially significant impacts to traffic and circulation. 43. (MM 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. For potentially significant impacts to traffic and circulation. 44. (MM 5.5-2c) Prior to Year 2015 Project buildout, the Project Applicant shall provide a signalized intersection at Coffee Road/Project Entrance #7. For potentially significant impacts to traffic and circulation. 45. (MM 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. For potentially significant impacts to traffic and circulation. 46. (MM 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. For potentially significant impacts to traffic and circulation. 47. (MM 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. For potentially significant impacts to traffic and circulation. ~,AKF9 ~ N T Page 10 of 18 r- IRIGiNAL~ EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval 48. (MM 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. For potentially significant impacts to traffic and circulation. 49. (MM 5.5-4b) Implement Mitigation Measure 5.5-2a and 5.5-2b. For potentially significant impacts to traffic and circulation. 50. (MM 5.5-6a) Implement Mitigation Measures 5.5-2a and 5.5-2b. For potentially significant impacts to traffic and circulation. 51. (MM 5.6-6b) 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. For potentially significant impacts to traffic and circulation. 52. (MM 5.5-6c) 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 #3 intersection: two additional eastbound through lanes and one additional westbound through lane. For potentially significant impacts to traffic and circulation. 53. (MM 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. For potentially significant impacts to traffic and circulation. 54. (MM 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. For potentially significant impacts to traffic and circulation. 55. (MM 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. For potentially significant impacts to traffic and circulation. 56. (MM 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. For potentially significant impacts to traffic and circulation. 57. (MM 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. For potentially significant impacts to traffic and circulation. Noise 58. (MM 5.6-1 a) Prior to issuance of grading permits, the Project 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 hoWAK, 9, T Page 11 of 18 ti 'a O OW41NAL EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval as specified by the City of Bakersfield (currently 6:00 AM to 9:00 PM on weekdays and 8:00 AM and 9:00 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 proposed Project's construction site. For potentially significant noise impacts. 59. (MM 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. For potentially significant noise impacts. 60. (MM 5.6-1c) 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. For potentially significant noise impacts. 61. (MM 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. For potentially significant noise impacts. 62. (MM 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. For potentially significant noise impacts. 63. (MM 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. For potentially significant noise impacts. 64. (MM 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. For potentially significant noise impacts. Air Quality 65. (MM 5.7-1a) 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 PM10 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. For potentially significant impacts to air quality. 66. (MM 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. For potentially significant impacts to air quality. 67. (MM 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. 8 ~0AKF9 Page 12 of 18 D o ORIGINAL EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval For potentially significant impacts to air quality. 68. (MM 5.7-1d) 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 (5.7-1a through 5.7-1d) and all development requirements. For potentially significant impacts to air quality. 69. (MM 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 a Health Risk Assessment, and shall submit it to the SJVAPCD for review and further consultation. Adoption of mitigation measures may be necessary to ensure that potential health risks associated with the proposed Project are reduced to a level of less than significant. Proof of compliance shall be submitted to the Planning Director prior to site plan approval. For potentially significant impacts to air quality. 70. (MM 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: a) Sidewalks shall be installed on both sides of the streets; and b) Bicycle lanes shall be installed on arterials and collectors For potentially significant impacts to air quality. 71. (MM 5.7-5a) Refer to Mitigation Measure 5.7-2, above. For potentially significant impacts to air quality. 72. (MM 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 PM 10 impacts to net zero (No impact level as determined by the SJVAPCD). For potentially significant impacts to air quality. 73. (MM 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: a) During all phases of construction, construction equipment shall be properly and routinely maintained, as recommended by manufacturer manuals, to control exhaust emissions. b) During all phases of construction, all contractors shall restrict equipment and vehicle idling to five minutes or less. c) The Project Applicant shall develop a ride-share incentive program for construction workers. d) 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. e) 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. f) Utilize landscaping to create shade canopies for streets, parkways, and parking areas. g) Utilize roadway designs which enhance pedestrian safety by appropriate signaling, signage, and separation from traffic, per the Bakersfield Municipal Code requirements. h) Comply with California's Title 24 Energy Efficiency Standards. Title 24 energy compliance is required to be submitted prior to issuing building permits. i) Increase the capacity of the existing road system through improved signalization, more right tur%AKF lanes, and traffic control systems. o~ yp Page 13 of 18 v O ORIGINAL EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval j) Recycle construction debris. For potentially significant impacts to climate change. Bioloolcal Resources 74. (MM 5.8-1 a) 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 proposed Project site during construction. Absolutely no deliberate feeding of wildlife shall be allowed. For potentially significant impacts to biological resources. 75. (MM 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. For potentially significant impacts to biological resources. 76. (MM 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. For potentially significant impacts to biological resources. 77. (MM 5.8-4a) Prior to grading, the Project Applicant shall pay the habitat mitigation fee in accordance with section 15.78.030 of the City of Bakersfield Municipal Code and the 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 shall be required by the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG). For potentially significant impacts to biological resources. 78. (MM 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. For potentially significant impacts to biological resources. 79. (MM 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. For potentially significant impacts to biological resources. 80. (MM 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. For potentially significant impacts to biological resources. 81. (MM 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 wild difr~pKc~'9 Page 14 of 18 o ORIGINAL EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval 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. For potentially significant impacts to biological resources. 82. (MM 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 proposed Project's 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. For potentially significant impacts to biological resources. 83. (MM 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. a) 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. b) 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. For potentially significant impacts to biological resources. Cultural Resources 84. (MM 5.9-1a) 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. For potentially significant impacts to cultural resources. 85. (MM 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$AK and the treatment of discovered Native American remains shall comply with State codes arf~9 Page 15 of 18 C (~RlGINAl. EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval 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) 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. b) 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. Further disturbance of the resource shall not be allowed until those recommendations deemed appropriate by the City have been implemented. For potentially significant impacts to cultural resources. 86. (MM 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. For potentially significant impacts to cultural resources. Public Services and Utilities 87. (MM 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. For potentially significant impacts to public services and utilities. 88. (MM 5.10-1 b) Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term construction mitigation measures. For potentially significant impacts to public services and utilities. 89. (MM 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: a) Preventing visual hindrances in regards to public gathering locations. b) Planning considerations and elimination of traffic hazards at the Project's conceptual level. c) Preventing the manufacturing of unintentional isolation locations for individuals while engaged in recreational and/or conveyance in or around the Project site. For potentially significant impacts to public services and utilities. 90. (MM 5.10-2b) Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term construction mitigation measures. For potentially significant impacts to public services and utilities. 91. (MM 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. For potentially significant impacts to public services and utilities. 92. (MM 5.10-5) 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 (C5d1111,,,9 O cF Page 16 of 18 R r ORIC INA1 EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval 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. For potentially significant impacts to public services and utilities. 93. (MM 5.10-7a) Prior to issuance of any building permit, the Project Applicant shall submit, for review, 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 proposed contractor will use to haul recyclable materials and shall include the method and location of material disposal. For potentially significant impacts to public services and utilities. 94. (MM 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. For potentially significant impacts to public services and utilities. 95. (MM 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. For potentially significant impacts to public services and utilities. 96. (MM 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. For potentially significant impacts to public services and utilities. 97. (MM 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. For potentially significant impacts to public services and utilities. 98. (MM 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. For potentially significant impacts to public services and utilities. Geologic and Seismic Hazards 99. (MM 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. For potentially significant impacts from geologic and seismic hazards. 100. (MM 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 CBC requirements and site- specific design. For potentially significant impacts from geologic and seismic hazards. o~ 6AK, ,q F- Fn Page 17 of 18 ~r)RIGINAL~ EXHIBIT A GPA/ZC No. 06-2247 Mitigation/Conditions of Approval Hydroloav and Water Quality 101. (MM 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 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. For potentially significant impacts to hydrology and water quality. 102. (MM 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: a) Future on-site roadways shall be designed to accommodate adequate flow capacity; b) Appropriate minimum stormdrain pipe size diameter shall be specified by the City Engineer; and c) Stormdrain flow velocity limitations shall be specified by the City Engineer. For potentially significant impacts to hydrology and water quality. 103. (MM 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. For potentially significant impacts to hydrology and water quality. 104. (MM 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 National Pollutant Discharge Elimination System (NPDES) statewide General Stormwater Permit for Construction Activities, must be demonstrated. For potentially significant impacts to hydrology and water quality. 105. (MM 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. For potentially significant impacts to hydrology and water quality. Public Works 106. Any reference to ordinances, resolutions, standards, or policies herein shall refer to the version of the ordinance, resolution, standard or policy in effect at the time of the date of application completeness for a vesting tentative map. If there is no vested tentative map, or if the vesting rights for the final map have expired, then they refer to the ordinances, resolutions, standards or policies in effect at the time of the building permit. For orderly development. CG\S:\GPAs\GPA 2nd 2010\EIR 06-2247 (Saco Ranch EIR)\Conditions\GPA-ZC Conditions.doc O~ ~ A KF9N Page 18 of 18 ORK31NA. G Exhibit B General Plan Amendment Location Maps o`~~AKF~~ ~ T _ m ~')RIGINAL a F U g F ~ o a _ U) W F U) Zug a ~ 0 J AA p nn J 99 U ~ A U ~ I N N o Cn N O W E- 2 ~ ~~P n n z W CD O C/) l cQ Z J Q J O (D to C7 J ~ Q o W J N J Q U Z U ° ~W U) W O ~ C > N 0 U Q) N N ui W ~ N w vii R w a N 9~ Fi-l w ~ a -n m r IRIGINAL Exhibit C Statement of Facts, Findings, and Mitigation Measures This document is the same as shown in Exhibit "B" attached to the Resolution for the Certification of the Environmental Impact Report. A complete copy of this document will be provided with the signed resolution. O~0AKe t-, m 'v o ORIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center s w K E R I F[ E L D 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 Mitigation Measures is based in part on the requirements contained in §21081.6 of the Q~c~AKF9~, ~ T rr JN 60-100334 1 of 89 June 2010 ORIGNAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center B A K E R S F I E L D GPA/ZC No. 06-22471 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 O~ 6P K~c9N M JN 60-100334 2 of 89 June 2010 c~ p ')RIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E e s e t E o 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. III. FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS The City of Bakersfield, as Lead Agency and decision-maker for the Project, has reviewed and considered the information contained in both the Draft and Final EIRs prepared for the 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 gAKF undertaken to analyze the potential environmental impacts of the Project: o`` r rr r JN 60-100334 3 of 89 June 2010 ORIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E R S F I E L D GPA/ZC No. 06-22471 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 City's Planning Commission on April 1, 2010, during the public review o~ 0AK499 T F, r- JN 60-100334 4 of 89 June 2010 vORIf;iNAL~ • CITY OF BAKERSFIELD Saco Ranch Commercial Center B A K E R S E I E L D GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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 o11 6AK,9q m JN 60-100334 5 of 89 June 2010 U O ORIGINAL. • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w tc e R s F i e► o GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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. O~bAK,69 t... m r JN 60-100334 6 of 89 June 2010 3ORIGINAI. CITY OF BAKERSFIELD Saco Ranch Commercial Center s A K E R s F l E L D GPA/ZC No. 06-22471 Annexation No. 608 SCH No. 2007101059 CULTURAL RESOURCES. Would the project. c) 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-Poso 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 AK area of high groundwater. Therefore, it is anticipated that no liquefaction would be o~0 ~9N F.. m r- cJ C JN 60-100334 7 of 89 June 2010 ORICINAI. CITY OF BAKERSFIELD Saco Ranch Commercial Center e n K E x s e[ E L o GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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 AK located in the northeastern portion of the proposed Project site, along with a cotton ok0 F9~, rn r- v o JN 60-100334 8 of 89 June 2010 ORIGINAL CITY OF BAKERSFIELD Saco Ranch Commercial Center e w KL R s F o GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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 Significant 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? QgP o T. r JN 60-100334 9 of 89 June 2010 `~0RIGINA1 CITY OF BAKERSFIELD Saco Ranch Commercial Center e n K E R S F 1 E L D GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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. ~~c a AKF9 T L _ m r O JN 60-100334 10 of 89 June 2010 '10'r;INAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center B A K E R S F t E L D GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 gj 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. jj 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. aj 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 gPKF residential development exist to the south of the proposed Project site, along with the JN 60-100334 11 of 89 June 2010 '7RIGINA1 • 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 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 bkKk School District. Although the proposed Project would increase the intensity of land 9 m r ~ O JN 60-100334 12 of 89 June 2010 -q!GINAL CITY OF BAKERSFIELD Saco Ranch Commercial Center a w K E R S e l E L D GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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. a) 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: c) 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. ~0AKF9 } m JN 60-100334 13 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 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 Supporting Finding 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. Aso~~AKF9 m JN 60-100334 14 of 89 June 20100 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 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 Findina 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 ~ 6AKF9 AND A CONCURRENT CHANGE TO THE CITY OF BAKERSFIELD MUNICIPAL CODE O r O JN 60-100334 15 of 89 June 2010 nRIGINAL IG2r a CITY OF BAKERSFIELD Saco Ranch Commercial Center a w K E e s F t E o GPA/ZC No. 06-22471 Annexation No. 608 SCH No. 2007101059 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 Findina 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. s RKF9.~ M 'v o JN 60-100334 16 of 89 June 2010 ()RIGINAI_ • CITY OF BAKERSFIELD Saco Ranch Commercial Center s A K E R s e i s L o GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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 Supportina 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 Suoporting 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 bm concern. The MBGP concludes that conversion of prime agricultural lands to urban ume m r JN 60-100334 17 of 89 June 2010 'ORIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center s w K E rt s F► E► GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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 gPKF and D atmospheric stability were utilized to predict the distance to the toxic endpoint] 9s~ r O JN 60-100334 18 of 89 June 2010 ORIGINAL. CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E x s F t E GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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. O1 0AKF9~ T JN 60-100334 19 of 89 June 2010 m CITY OF BAKERSFIELD Saco Ranch Commercial Center s, K E R s F E o GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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 ~gAKF9 o sue, Y m JN 60-100334 20 of 89 June 2010 `~r)RIGINALL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E e s F-~ GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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 Findinas The Beardsley Canal is present on the Project site. According to the Metropolitan gP KF Bakersfield General Plan EIR, canals may have aesthetic value for potential open space o< 91~1 FT, JN 60-100334 21 of 89 June 2010 ~'?RIGINAL CITY 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 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 Supporting 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 ono~~PKF9~, : r` JN 60-100334 22 of 89 June 2010 J,)FIIGINAO • CITY OF BAKERSFIELD Saco Ranch Commercial Center a w K E R S E l E L 0 GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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 o~~AKF9 TO } m r JN 60-100334 23 of 89 June 2010 vORIGINAL • 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 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. J' o``~AKF9.,, JN 60-100334 24 of 89 June 2010 o ORIGINAL CITY OF BAKERSFIELD Saco Ranch Commercial Center s w K E x s e► E L o GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 Meadows Field Airport Noise Compatibility 5.6-5 THE PROPOSED PROJECT MAY EXPOSE PEOPLE TO EXCESSIVE NOISE LEVELS. Facts Supporting 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 NOz 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 PMio when analyzed using the 2006 PMio 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 PM,o 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. o gPKF,9~~ ~ m r v O nRIGINAI JN 60-100334 25 of 89 June 2010 . CITY OF BAKERSFIELD Saco Ranch Commercial Center B A K E R S F[ E L D GPA/ZC No. 06-2247 / Annexation No. 608 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 Supporting 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 Supporting Findinas 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. ~gAK~c~ O ~r JN 60-100334 26 of 89 June 2010 OORIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center B A K E e s F I E L D GPA/ZC No. 06-2247 /Annexation No. 608 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 Su ortin Findin s 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 Findings 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. ~R,p.KF9 Q) JN 60-100334 27 of 89 June 2010 ~oIf;INAI • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E R s F I E L o GPA/ZC No. 06-2247 / Annexation No. 608 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 Dist(ct'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 ~ bAK49 Bakersfield development requirements and contributed their fair share of impact fees in O k } rn c7 O JN 60-100334 28 of 89 June 2010 ORIGINAL CITY BA ELD Saco Ranch Commercial rcial Center e w K E e s F t E GPA/ZC No. 06-2247 / Annexation No. 608 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 Supporting 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. AKF9 m f~ O JN 60-100334 29 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 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 Suoportin 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. Ok r JN 60-100334 30 of 89 June 2010 ')RIGINAI • CITY OF BAKERSFIELD Saco Ranch Commercial Center a w tc e x s F i e L GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 Facts Supoortina 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 SuK)portinci 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 o~cR> PKF9 T } m JN 60-100334 31 of 89 June 2010 0 O nRIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center s A K E e s e E L D GPA/ZC No. 06-2247 / Annexation No. 608 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 Supportina 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 ~gFKF9 m f r` JN 60-100334 32 of 89 June 2010 ~C1RiGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e n K E e s F E o GPA/ZC No. 06-2247 / Annexation No. 608 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. o~~AKF9~' T JN 60-100334 33 of 89 June 2010 J0RIGINAc CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E e s F GPA/ZC No. 06-2247 / Annexation No. 608 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 Supporting 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 Supportina Findinas 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 SIGNFICANT LEVELS The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, Technical Appendices and the administrative record, finds, pursuant to 6m,F California Public Resources Code 21081 (a) (1) and State CEQA Guidelines § 15091 (a) (1), 0< 91:~ y. m JN 60-100334 34 of 89 June 2010 ORIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e A K E e s F e o GPA/ZC No. 06-2247 /Annexation No. 608 SCH No. 2007101059 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: o_ ~AKF9ct> M r- JN 60-100334 35 of 89 June 2010 ` nRIGINAL CITY OF BAKERSFIELD Saco Ranch Commercial Center s , [c e R s e ► E GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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 SuI212orting 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 1:1 OAK4 for net acreage before conversion. Net acreage is to be calculated based on o Fn r O JN 60-100334 36 of 89 June 2010 IRIMNAL CITY OF BAKERSFIELD Saco Ranch Commercial Center s A K E R s F t E L U 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. o~gAKF9 m ~ O ')RICINAL JN 60-100334 37 of 89 June 2010 CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K e R s F► E GPA/2C No. 06-2247 / Annexation No. 608 SCH No. 2007101059 Facts Supporting 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, desscated 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 $PKF September 1974 and initially produced 16 barrels of 14.3° gravity oil per day. The w,4 9(PT or- r - O JN 60-100334 38 of 89 June 2010 ORIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w 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. 29S27E-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 ~gAKF9 with San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8021 in order too ~ m JN 60-100334 39 of 89 June 2010 ORIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E tt s F [ E ► 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 gAKF 11 site reconnaissance activities, the onsite transformers are not currently anticipated to 13 (P M r- JN 60-100334 40 of 89 June 2010 11RCINAL~ • CITY OF BAKERSFIELD Saco Ranch Commercial Center a w K E R s F I E L o GPA/ZC No. 06-2247 / 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~~AKF9N 7n r JN 60-100334 41 of 89 June 20*RCINALI~) • CITY OF BAKERSFIELD Saco Ranch Commercial Center B n K E [t s e i E c 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. 29S27E-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. 29S27E-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~0AKE9 > f~i r JN 60-100334 42 of 89 June 2010 ? cy 1RI ,MAL. • 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 to determine the presence of asbestos-containing materials (ACMs) prior to the commencement of any remedial work, including demolition. 5.3-1g 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 hazardous substances, such as spilling petroleum-based fuels used for construction nF 6AKF9~ M JN 60-100334 43 of 89 June 2010 '?^~^lN,qL • CITY OF BAKERSFIELD Saco Ranch Commercial Center B A K E R S F E N D GPA/ZC No. 06-22471 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 Supporting 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~ 0AKF9N f m JN 60-100334 44 of 89 June 2010 ORIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e A K e tt s F i e[ 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 ; JN 60-100334 45 of 89 June 2010 m r JN 60-100334 45 of 89 June 2010 • CITY OF BAKERSFIELD Saco Ranch Commercial Center B A K E R _L _F I E L D 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 POTENTIAL PUBLIC SAFETY HAZARD. ~QgAKF9J, T Fn JN 60-100334 46 of 89 June 2010 '~nRIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center B A K E R S F[ E L D 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 fi future as well as existing airport operations. 9J, ' T m JN 60-100334 47 of 89 June 2010 ORIGINAL CITY OF BAKERSFIELD Saco Ranch Commercial Center s A K E R S F 1 E L D 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 Finding 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 Existing 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. o~gAKF9 T v o JN 60-100334 48 of 89 June 2010 ORIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center 9 w K E x s F I E L U GPA/ZC No. 06-2247 /Annexation No. 608 SCH No. 2007101059 Liaht 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 Supporting 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~ gAK' 9q T m JN 60-100334 49 of 89 June 2010 ORlriINAL CITY OF BAKERSFIELD 4~ Saco Ranch Commercial Center B A K E e -E -F I E L Q 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 fagades 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 ~~AKF9J, o JN 60-100334 50 of 89 June 2010 `~)nRIGINA:L • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K ERs F i E L Q 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 Suoportina Findina 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. o~gAKF9 s~ JN 60-100334 51 of 89 June 2010 ~')RIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E R s F I E L o 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. r JN 60-100334 52 of 89 June 2010 `~ORIGINAt • CITY OF BAKERSFIELD Saco Ranch Commercial Center B A K E R E F I E i o GPA/ZC No. 06-2247 / 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. OIk~PK~9T rn JN 60-100334 53 of 89 June 2010 0 ORIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E R S F[ E L D 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 Sugoortina 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 theOk0AKF9 - r- JN 60-100334 54 of 89 June 2010 ~')RIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K F R s e i e i 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. o~gAK49 m JN 60-100334 55 of 89 June 2010 v O ORIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E R S F I E L D 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 Equipment 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 OAKF significant level. oc~ 9 M JN 60-100334 56 of 89 June 2010 ~IRIGINALL 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 Parkina 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 Loadina 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 $P KF9 o~ ~T } m JN 60-100334 57 of 89 June 2010 j O ORIGINAL CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E R s e► E o GPA/ZC No. 06-2247 / Annexation No. 608 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 Lso 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. O~,;bmkkq m JN 60-100334 58 of 89 June 2010 `~pRIGINAII. • 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 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 PM1o. 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. ~ gAKC~ O c1 rs JN 60-100334 59 of 89 June 2010 ORIGINAL 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 • 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. s o~0AKF9-c, m v JN 60-100334 60 of 89 June 2010 ORIGINAL CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E R s F t E► o GPA/ZC No. 06-2247 / Annexation No. 608 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 PMio 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-la 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~R)AK1'9 JN 60-100334 61 of 89 June 2010 `~nRIGINAL~ CITY OF BAKERSFIELD Saco Ranch Commercial Center B K E R S F I E L D GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 Facts Supporting Findina 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. Existing 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. PMio 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;k4AKF9 one emergency generator; seven restaurants; one dry cleaner; ten diesel trucks idling fcw-) Fn_ 7 C JN 60-100334 62 of 89 June 2010 RIGINAI. CITY OF BAKERSFIELD Saco Ranch Commercial Center 8 A K E R S F I E L D GPA/ZC No. 06-2247 / Annexation No. 608 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.). , ~PKF9`J'n m JN 60-100334 63 of 89 June 2010'-,n+t,1NALL CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K e R s F i E L o GPA/ZC No. 06-2247 / Annexation No. 608 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 Project 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 to ~AKF Operate ("PTO") from the SJVAPCD. As part of this process, the need for emission controlc`) 9cP~ m JN 60-100334 64 of 89 June 2010 ~-)RIGMLL CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E R S F I E► GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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 Qualify 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 AK the state's projected BAU emissions and a reduction of greater than 10 percent from the o~0 F9~~ ~ m JN 60-100334 65 of 89 June 2010 upRIGINAI • 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 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 PM1o 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 buildingR,~,AKF9 permits. o m c JN 60-100334 66 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 • 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 Supporting Finding 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: 5.8-1a 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 Y, 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 Supporting 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 I\K site. The proposed Project site provides suitable foraging habitat for the species and is o r JN 60-100334 67 of 89 June 2010 '')R1r1NN • CITY OF BAKERSFIELD Saco Ranch Commercial Center e A K e R s e s o GPA/ZC No. 06-2247 / Annexation No. 608 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. PK,6~9 JN 60-100334 68 of 89 June 2010 `511RIIINA1 • 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 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 Suaportina 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 MBTA. 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. o~gAKF9 s~ } m JN 60-100334 69 of 89 June 20100nRIGINAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e w K E R s F I E L D GPA/ZC No. 06-2247 / Annexation No. 608 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. ~gAKF9 M JN 60-100334 70 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 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. '"KF9 El m JN 60-100334 71 of 89 June 2010 -"?WALL 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 Niaht Liahting 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 approximately one-eighth of a mile north of the Project site and consists of a historic ~~~PKF9J, Fri b 13 JN 60-100334 72 of 89 June 2010 '7RIGINAL. • 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 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. J~ ~AKF9N F6 JN 60-100334 73 of 89 June 2010 O e CITY OF BAKERSFIELD Saco Ranch Commercial Center B A K E R S F I E L U GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 Further disturbance of the resource shall not be allowed until those recommendations deemed appropriate by the City have been implemented. 5.9-1c 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 Supporting 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 asOm 1619 T M JN 60-100334 74 of 89 June 2010' p ORI I NAL • CITY OF BAKERSFIELD Saco Ranch Commercial Center e n K E R S F[ E L D GPA/ZC No. 06-2247 / Annexation No. 608 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: 5.10-1a 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. O~ ,;b AKF9ct' Fn J ~ JN 60-100334 75 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 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. JN 60-100334 76 of 89 June 201015 p QRIGINAI. • CITY OF BAKERSFIELD Saco Ranch Commercial Center B A K E e s F, E L D GPA/ZC No. 06-2247 /Annexation No. 608 SCH No. 2007101059 Water Resources 5.10-5 THE PROPOSED PROJECT MAY HAVE AN IMPACT ON WATER SUPPLY. Facts Supoortin-a Findina 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 V Kl 9q y m JN 60-100334 77 of 89 June 2010 r ~ c -RIGINAL • 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 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 Sur)oorting 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. o`~~AKF9~' m JN 60-100334 78 of 89 June 2010 v O ORISINAL • 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 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 Supaortin 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. O~0AKF9~ Fn JN 60-100334 79 of 89 June 201d,,~RIGINAI~ • CITY OF BAKERSFIELD Saco Ranch Commercial Center s w K E R s F i E p GPA/ZC No. 06-2247 / Annexation No. 608 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. o~6AKF,9 (P JN 60-100334 80 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 Facts Suipportina 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 Supaorting 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. gAKF The engineer shall have the design method approved by the ~ T M r- JN 60-100334 81 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 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 Supporting 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. ~<1 aAKF9J, T Fn_ JN 60-100334 82 of 89 June 2010 ORIG11\14 CITY BAKERSFIELD Saco Ranch Commercial rcial Center w E e s F i e o GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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. o~c~PKF9 m JN 60-100334 83 of 89 June 2010 vORIGINAo 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 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 Supporting Findina 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 development, ~AKF,q m r JN 60-100334 84 of 89 June 2010 nRIGINAI Q~) CITY OF BAKERSFIELD Saco Ranch Commercial Center e w [c E R s F I- D GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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 areo~ gAN'6, > -n - M JN 60-100334 85 of 89 June 20103 p ORIGINAL e CITY BAKERSFIELD Saco Ranch Commercial rcial Center w K E e s e i E L n GPA/ZC No. 06-2247 / Annexation No. 608 SCH No. 2007101059 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 CEQA 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 g,P K,6- SR (Suburban Residential), SI (Service Industrial), LI (Light Industrial), and LR (Low Densityo,< 9~ m ~ O JN 60-100334 86 of 89 June 2010 '0RIGINA1. CITY OF BAKERSFIELD Saco Ranch Commercial Center GPA/ZC No. 06-22471 Annexation No. 608 B A K E R S F I E L D SCH No. 2007101059 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~0AKF9 defined as the development of approximately 2,375,997 square feet (compared t(g) v o JN 60-100334 87 of 89 June 2010 ORIGINAL e CITY BA ELD Saco Ranch Commercial rcial Center s w K E [e s F i E L o GPA/ZC No. 06-2247 /Annexation No. 608 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~~AKF9 s F- ~ ~ O JN 60-100334 88 of 89 June 2010 ORIGINAL CITY OF BAKERSFIELD Saco Ranch Commercial Center GPA/ZC No. 06-22471 Annexation No. 608 B A K E R S F I E L D 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. P,K4~9 o~ -c~ JN 60-100334 89 of 89 June 2010 )RIGINAL Exhibit D Statement of Overriding Considerations This document is the same as shown in Exhibit "C" attached to the Resolution for the Certification of the Environmental Impact Report. A complete copy of this document will be provided with the signed resolution. o~,6AKF;q m v O ORIGINAL CITY 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 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; O~ OAKF,9~ m JN 60-100334 1 of 2 June 2010 ORIGINAP 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 • 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. ~gAKF9 ~ rn O JN 60-100334 2 of 2 June 2010 ORIGINAI, Exhibit E Mitigation Monitoring and Reporting Program This document is the same as shown in Exhibit "D" attached to the Resolution for the Certification of the Environmental Impact Report. A complete copy of this document will be provided with the signed resolution. o~~AKF9 s } m c.7 O ORIGINAL CITY OF BAKERSFIELD • Saco Ranch Commercial Center GPA/ZC No. 06-2247 / Annexation No. 608 B A K E R S F l E L D 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. FINAL - JUNE 2010 1 of 38 Mitigation Monitoring Program u c QRICINA1 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 • 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. 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