The URL can be used to link to this page

Home My WebLink AboutORD NO 4270 ORDINANCE NO. 1: 2"'" 0 AN ORDINANCE AMENDING SECTION 17.06.020 (ZONING MAP 104-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN OPEN SPACE (OPEN SPACE) TO R-1 (ONE FAMILY DWELLING) ON 2.7 ACRES GENERALLY LOCATED BETWEEN STATE ROUTES 178 AND 184, EAST OF VINELAND ROAD, AND DENYING THE APPEAL (ZONE CHANGE NO. 03-1188). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally between State Routes 178 and 184, east of Vineland Road; and WHEREAS, by Resolution No. 94-05 on July 7, 2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 03-1188 as delineated on attached Zoning Map 104-20 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact regarding the environmental impacts of the proposal and change in zoning of the subject property from OS (Open Space) to R-1 (One Family Dwelling) on 2.7 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, the Sierra Club, filed an appeal of the Planning Commission's recommendation to approve and adopt Zone Change No. 03-1188, the Eagle Meadows Development, the during the Commission's regular meeting of July 7,2005; 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 City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 94-05, adopted on July 7,2005: 1. The above recitals and findings are true and correct and constitute the findings of the Planning Commission in this matter. 2. All required notices have been given. 3. The provisions of the California Environmental Quality Act (CEQA) have been followed. 4. That the Eagle Meadows Final Environmental Impact Report for Zone Change No. 03-1188 is hereby recommended for certification. x 'òAK~1> a ~ >- - 1 ~ ~ " ORIGINA~ 5. Attached Exhibit "D" containing the "Statement of Facts and Findings" are appropriate and incorporated into the project. 6. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related to significant unavoidable noise impacts associated with Mesa Marin Raceway activities and offsite project traffic noise impacts in the Year 2010 are appropriate and incorporated into the project. 7. Attached Exhibit "F" containing the "Mitigation Monitoring and Reporting Plan is incorporated into the project. 8. The public necessity, general welfare and good zoning practice justify the recommended change of zone to R-1 (One Family Dwelling) zone on 2.7 acres located along north of State Route 184 approximately 750 feet east of Vineland Road in the City of Bakersfield. 9. The project site, with prior approval of General Plan Amendment No. 03-1188, is designated LR (Low Density Residential on the Metropolitan Bakersfield General Plan Land Use Plan. 10. The recommended zone change will reflect the previously adopted General Plan Amendment No. 03-1188. 11. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 03- 1188. 12. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended by changing the land use zoning from OS (Open Space) to R-1 (One Family Dwelling) zone on 2.7 acres on Zone Map 104-20, as shown on attached Exhibit "A" and more thoroughly described in Exhibit "B" herein attached. 13. That Zone Change No. 03-1188, as outlined above, is hereby recommended for approval with mitigation and conditions of approval shown on Exhibit "C" subject to prior approval of General Plan Amendment No. 03-1188. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. 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. 2 ~ 'èAK~'9 a ~ >- - I- m - r0- c.:> ORIGINAl? __. _.._...n __ ,._____...__...._..._.__._._____ 3. The proposed project is consistent with surrounding uses. 4. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map 104-20 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "8 ". 5. Such zone change is hereby made subject to the "Mitigation Monitoring Plan" adopted in the Final Environmental Impact Report as shown in Exhibit "F" and "Mitigation / Conditions of Approval" for the project as shown in Exhibit "C", subject to approval of GPA No. 03-1188. 6. Attached Exhibit "D" containing the "Statement of Facts and Findings" are appropriate and incorporated into the project. 7. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related to significant unavoidable impacts to noise are appropriate and incorporated into the project. 8. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purposes of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore must be granted a "de minimus" exemption in accordance with Section 711 of the State Resources Code. Additionally the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the lead agency's decision to prepare an Environmental Impact Report. 9. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A." 10. The appeal by the Sierra Club is denied. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------000--------- 3 ~ (QM~?, () % >- - .... m _ 1- <J C ORIGINAL I HERESY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on SED ., ?n(J\j by the following vote: GYES::> NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH. CARSON, BENHAM. MAGGARD, HANSON. SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER v' ~' ~ LLtfk PAMELA A. McCARTHY, CITY CLERK and Ex Offici Clerk of the Council of the City of Bakersfield APPROVED SEP HAR EY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: /~l11. ~. EXHIBIT A B C D E F Zoning Map 104-20 Zone Change Legal Descriptions Mitigation / Conditions of Approval Statement of Facts and Findings Statement of Overriding Considerations Mitigation Monitoring Plan Jen9 I S:ITRACTSI6352ICCICC ZC.doc AU9ust 17. 2005 4 '< ~M~1' o ~ >- - I- m - ,.. Q c:. ORIGINAL 90.., I !!!<{::; ¡ ~ OJ i II:::!: ...·'''·11' . UJ ~ ¡ ::r: .... t; l iiI "- ~~ ~~B Z2 ~I!~:~ "'0" ~':,:' '=N'" '" I' , u en.J ¡, .·c:~ ~. .'.- ~ ~ -... .." è .. ir ... i: ., Q O_~Ud_N ~ ~ ~~ ~:i.> v ¿¡.:.~ j¡ ;nr ..:C"~YC1':~:: ~~; 'i I: I' ¡ ! F,:I ..J I 'f1 :'~ I ß~' íõi' !~I i~ .~ ., . " . .~ ' ~I' I. ~ØS I M. ~ ~ !~ 'k' ¡'" } ~ '~I . !~i;1 . ..¡! ~,.~~ 3 _:Ii~ ',. ""a: , ~ ~ '~.J¡ <.t ;::~: ¡¡¡~j . ~!' t~,~ r. .. - i¡~ ,". -hI :¡., W_" I SJ ~~ ; - 0" Ng¡ I ' II: <;t- O ~ . - ~ - ¡ ~ - ~I §§ ¡ h il ~ ~ ! ~ 9 I ~ ,~. ~. r .' ~ i ·t~~'3~2 ~ i Ih~§;I~,Žïfíhh .¡~ ~i n Ii ¡ l-il·AI¡:mJi:~;¡. :ì~ ~ì p¡~5 L E¡~ª'~,;~"'~i~r!~~" ·l~: ~~Õ.I.:2 ';<;¡X~-.-OI·t~",2.n~ '2H~' ~~~id.. !~~~~~>l:i;~8!~!~!¡~~:~~~i~I!~~'~~"'~¡ "'i"!oßo'~~~i~o~~~í.!.C·!··"~'I·~~~ !~I ~1~~iii~i¡llii¥!~;·~~i~,ii~~ §~i¡ r n .. ~ " ,..= .. 8" § ü ",. h t.: u!! ï .. .., i EXHIBIT "A" ZONE CHANGE 03-1188. . {---~------~ -f - - - ----1-- -- ~~'·~Q'-;,"'I:~~------ ----.:,.:,,--------T I \, :S I I 1 ~ ;. \ ~£ , cr~ I : d: ~M ll) Ii if \---\...-~----: I I Á.. , W I ù~, .. ~ '-~ II:: 110 T I !!:I ! 121 It c ~ ii: ~. 13¿ à:: , I \ ¡ I \ I \ .. I I I r--·- .,.--- - - - --- __J I I ·1 I I I I I I I I I I I I I .............."........... "..... .....-'..............B¡......~_ : - --... 'I ~\ ) \ I ) I - I Q:Z I I I ~ u ;i! , . " , ___________J i l ;; ¡ ¡ ~ J ~1 ~ . . t A A I ------------------ . l'Ji .. ~ -------------------- ;t' I I I I I I I I " 1___.__---- n!~i'~ ~:í=~U hl~dl ., 1111111 iU.i.~~ gmlU , un ~f.. ~ ~ '?(/> >- ~ I- ,m i,.. ZONING YAP 10<1 - 20 ORIGINÁi? -- --r ~I . M"ÞØI ." .. II: ~..::I]IIH ,::::.u -:.;::::'~ ' _-,=,~=":';.,øq -. ,.. 1r ·'fIIIWI-'''''_ ( . I in ~ ãi 3: >< w '" ~~ '" !:f!!j:::~ ....i;¡"'~ ~~,~~ Ii~~ð ~it~¡:;: ~.~~.~ ~~~e. ~ . t::. § ~ ö '" "¡ ,.' "" " N ~~ ~ ?! ~~~ ~ ~~ -- ~<:>~ :::¡<:;~ ~~~ , §:¡:" ~~~ cUC> .....~ 011 \/)' - ~ ~~~~ ~ ~ ~~~~~:~n ~~ ¡ ¡WII!I!! .2rt.; >.~~ ~iR~R t-.2 ~ ~!!~iil~~ a., ~ i"whf~~1i ~~I:) >¡ 1>'~~~iI1~ãì~ .... ~ ~ ~~~h~~ >. C)~:. ~~~¡~hl ~1 ~I ~ìì~~~i~>.~ .s.c¡ ~ H~¡.ìì I:!I<> ~t..:¡ ~~ ~"'¡'~i~~ ;\ I:J :.! I ~~g~,,~ ~ ~ Q'" ~§ ~Ii~~¡h; ~ ~" ~ ~~Ö~~Iè~ ~ ~i n~~§~~~~ ~ ~ I:' x ~/>.K~1' a ~ >- - >- m - ,... <.J ~ ORIGINAL -_. ..-.-.'- _._..._~.,"_. ..__.,--"_._..~..., "-- ....--<---"...,......-.-.--.---.----------..... EXHIBIT "C" ZONE CHANGE # 03-1188 (EAGLE MEADOWS) CONDITIONS OF APPROVAL PUBLIC WORKS 1. Prior to recordation of a final subdivision map or submittal of any development plan, or application for a lot line adjustment, whichever occurs first, the following shall occur: a. Provide fully executed dedication for the future collectors, Kern Canyon Road, State Route 178, and arterials if necessary, for the full frontages 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. b. This area falls within the Breckenridge Drainage area. Construct infrastructure as required by the study. Construct a sump on site which can be abandoned when all the future Breckenridge Drainage improvements are completed. Submit a comprehensive drainage study to size the temporary sump and be and approved by the City Engineer. The study shall be approved and necessary easements dedicated to the City. c. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. Install sewer trunklines for the frontage in Highland Knolls and in Kern Canyon Road. 2. Developer shall pay median fees for all arterial roads within the boundaries of the GPAlZC area. The payment of these fees may be phased to match the construction phasing of the project. 3. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 4. 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 Consolidate 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. PUBLIC WORKS TRAFFIC ENGINEERING 5. Local Mitioation Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee - RTIF nor included with normal development improvements) as indicated in Table 7 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. 6. Mesa Marin Drive and State Rte 178 - Install signal, add north and south bound left turn lanes, 22.74% share. 7. Reoional Transcortation Imcact Fee: Pay the standard residential fees, as adopted at time of development. '< 'ò1\KS'?, o ~ >- - ..... fT1 - t- o c:, ORIGINAL By jeng/ 8/17/2005/ S:\ TRACTSI6352\CCIEx C zc-conditions.doc Exhibit C" ZC 03-1188 Eagle Meadows Page 2 of 8 PARKS 8. Prior to recordation of the first final map, the subdivider shall enter into an Agreement with the City of Bakersfield to address the following park related requirements: 8.1 Dedicate Lots "A", "8", "C", and "D" (the OS designated property) within Tentative Tract 6352 to the City for public park uses. Execution of the agreement shall fulfill the park land dedication requirement for Tentative Tract 6352. 8.2 Prior to recordation of a final map, the Subdivider shall enter into an agreement with the City to improve Lots "A", "C", and "D" to a level of finish grade. Furthermore, the Subdivider shall improve Lot "B" with grading, automatic irrigation system, turf, trees, and soccer goals, constructed to city standards, and maintained for 1 year. Execution of the agreement shall satisfy the requirements of the park improvement fee for Tentative Tract 6352. Satisfies park land requirement (BMC Ch 15.80) and park development requirement (BMC Ch. 15.82) 9. Prior to recordation of the first final map, the subdivider shall request the parking easement encumbering the 2.7 acres subject to the GPAlZC be modified to remove this area from the easement. Orderly development. CITY ATTORNEY 10. 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 kind whatsoever, in any way arising from, the terms and provisions of this application, including without 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. PLANNING 11. Prior to recordation of any final map that is affected by Mesa Marin Raceway noise, the subdivider shall record a covenant disclosing that the property is affected by Mesa Marin Raceway noise. Said covenant shall be submitted to the Planning Director and City Attorney for review and approval prior to recordation. If Mesa Marin Raceway ceases to exist, this condition will not be enforced. By jeng/ 8/17/2005 / S:\ TRACTS\6352\CC\Ex C zc-conditions.doc «'QM$l> a ~ :>- - >- m - t- " c:;:, ORIGINAL Exhibit C" ZC 03-1188 Eagle Meadows Page 3 of 8 MITIGATION MEASURES. Air Qualitv 12. Prior to approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the dust suppression measures that shall be completed during construction activities to comply with SJVUAPCD Regulation VIII. 13. The following shall be incorporated into grading and building plans. · Cover all access roads and parking areas with asphalt-concrete paving. · Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. · Use water sprays or chemical suppressants on all unpaved areas to control fugitive emissions. · Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions. · Cease grading activities when entrainment due to a wind event exceeds the District's twenty percent opacity requirement. · Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site. · All haul trucks shall be covered when transporting loads of soil. · Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. 14. Prior to the issuance of a grading permit, the following shall be incorporated into the grading plan. · Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. · Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. · Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. · Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. 15 Prior to issuance of a building permit, transportation control measures and design features shall be incorporated into the project to reduce emissions from mobile sources. A strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, and traffic congestion includes the following: '<. 'òMI:1' o ~ >- - f- m - ,.. " <::> ORIGINAL By /eng/ 8/17/2005/ S:\TRACTS\6352\CCIEx C zc-conditions.doc ._. .n.. ._ __.__.,.,_._.._.._'__.____~__.__-- Exhibit C" ZC 03-1188 Eagle Meadows Page 4 of 8 . Improve street and traffic signals for those intersections and street segments that the project contributes to traffic (see mitigation measures TR 6-1 through TR 6-3 in Section 6 of this DEIR) 16. The project proponent shall contact the Golden Empire Transit to determine the feasibility of providing bus service to the project site and determine the need and location of potential bus stops, passenger benches, shelters, turnouts, and signage. 17. The project proponent shall integrate into the project design pedestrian safety infrastructure including crosswalks and lighted pedestrian signals at all signalized intersections, provide shade trees and street lighting along all sidewalks, and provide direct pedestrian pathways with street lights to any future bus stops as determined in AQ 5.2-5. 18. The project applicant shall incorporate the following in building plans. · Use 10w-NOx emission water heaters. · Provide shade trees to reduce building cooling requirements. · Install energy-efficient and automated air conditioners. · Exterior windows shall all be double-paned glass. · Energy-efficient (low-sodium) parking lights shall be used. 19. Fireplaces are prohibited within the development. 20. The project applicant/subdivider shall implement programs used for the reduction in 2.22 tons of reactive organic gases and 1.98 tons of oxides of nitrogen emissions, which may include one or more of the following: · Construction of a new, warranted signal. · Modification of an existing signalized intersection to add additional left turn storage or dedicated right turn capability. · Car crushing of older model cars. · Modification to stationary diesel engines, such as for agricultural use. · Modification of fleet vehicles and/or other mobile sources. · Mitigation program adopted by the APCD that is applicable to this project. Noise: 21. All gas and diesel power equipment shall be properly muffled and maintained. 22. A sound wall at least 6 feet in height that is designed to achieve a reduction of 4 to 6 dB shall be constructed on the project site between the proposed residential lots and Vineland Road. By jeng/ 8/17/2005 / S:I TRACTSI63521CCIEx C zc-conditions.doc X 'òAK$-9 o <J' >- :!! >- m - ,... Q ORIGINAE' Exhibit C" ZC 03-1188 Eagle Meadows Page 5 of 8 Geoloov/Soils 23. Prior to the issuance of grading permits, Soils Engineering, Inc., or other qualified engineering geologist shall review and approve all grading plans and earthwork operation plans in relation to the recommendations set forth in the Guide Specifications for Earthwork. 24. Soil Engineering, Inc. or other qualified engineering geologist shall be provided with a forty-eight hours advance notice in order to be present at the site during all earthwork activities related to the excavation, tree root removal, stripping, backfill, and compacting and filling of the site and to perform periodic compaction tests. 25. Prior to the issuance of grading permits, the project applicant shall include one of the following foundation systems and remediation schemes to reduce the potential for expansive soils to less than significant. · Waffle-slabs supported on a system of drilled piers anchored below the zone of moisture change; · Excavation of existing materials and replacement by non-expansive soils; · Reinforcement in footings and slabs. Flexural and shear stresses in slabs should be computed by determining the differential swell for the center lift and edge lift conditions using design procedures recommended by the Post-Tensioning Institute. The differential swell should be used to compute the maximum shear stresses and flexural stresses in floor slabs and flatwork. Use edge moisture variation distance (em) of six feet and three feet for the center lift and edge lift conditions, respectively; · Provide Post-tensioned, free floating slabs-on-grade; · Provide positive free drainage away from the structure and make every effort possible to prevent subgrade saturation by measures such as containing all landscaping in sealed planters, sealing all construction joints with an elastomeric compound, providing the building with eave gutters and downspouts, and routing all drainage impinging upon the site from off-site sources as well as drainage generated on the site away from the proposed residential structures. Biolooical Resources 26. Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the MBHCP. 27. Prior to the issuance of a grading permit on the 156-acre site, the project proponent shall comply with all appropriate terms and conditions of the MBHCP to the City. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: By jeng/ 8/1712005/ S:ITRACTS\6352ICCIEx C zc-conditions.doc ~ 'òAKê'~ o CJ:, >- - \:. ~ "'ORIG~ Exhibit C" ZC 03-1188 Eagle Meadows Page 6 of 8 · A preconstruction survey shall be conducted prior to site grading to search for active kit fox dens. The survey shall be conducted not more than 30 days prior to the onset of construction activities in areas subject to development to determine the necessity of den excavation. · Monitoring and excavation of each known San Joaquin kit fox den which cannot be avoided by construction activities. · Notification of wildlife agencies of relocation opportunity prior to ground disturbance in areas of known kit fox dens. · Excavations shall either be constructed with escape ramps or covered to prevent kit fox entrapment. 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 1/4 mile. Slope of ramps shall be no steeper than 1: 1. · All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. · All employees, contractors, or other persons involved in the construction of the project shall attend a "tailgate" session informing them of the biological resource protection measures that will be implemented for the project. The orientation shall be conducted by a qualified biologist and shall include information regarding the life history of the protected species, reasons for special status, a summary of applicable environmental law, and measures intended to reduce impacts. · All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or other animals. 28. Prior to the issuance of a grading permit for the approximately 156-acre site, the project applicant shall comply with the following raptor nest mitigation: · If site grading is proposed during the raptor nesting season (February-September), a focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. By jeng/ 8/17/2005 / S:\ TRACTS\6352\CC\Ex C zc-conditions.doc «. <òf>..K£'1' o <!;, >- - I-- m - T- V ö ORIGINAL Exhibit C" ZC03-1188 Eagle Meadows Page 7 of 8 . If construction is proposed to take place during the raptor nesting/breeding season (February - September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Trees containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October-January). . Preconstruction surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding season (September 1 through January 31), passive andlor active relocation efforts may be undertaken if approved by CDFG and USFWS. If active burrowing owl burrows are detected during breeding season (February 1 through August 31), no disturbance to these burrows shall occur without obtaining appropriate permitting through the Migratory Bird Treaty Act. Cultural Resources 29. Prior to grading, a paleontologist shall be retained, attend a pre-grading meeting, and set forth the procedures to be followed during the monitoring program. 30. One paleontological monitor that is trained and equipped to allow rapid removal of fossils with minimal construction delay is expected to be sufficient. Full-time monitoring of the portions of the project site that have earth-disturbing activities at elevations between 600 feet and 700 feet shall be provided. 31. If fossils are found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvaging of the fossils. If construction personnel make the discovery, the grading contractor shall immediately divert construction and call the monitor to the site. Major salvage time may be shortened by grading contractor's assistance (e.g., removal of overburden, lifting and removing large and heavy fossils). 32. The project paleontologist shall prepare, identify, and curate all recovered fossils. Upon completion of grading, the project paleontologist shall prepare a summary report documenting mitigation and results, with itemized inventory of collected specimens. The paleontologist shall submit the report to the City of Bakersfield, designated depository, and any other appropriate agency, and transfer fossil collection to an appropriate depository. The summary report shall be submitted to the City. This submittal will signify completion of the program to mitigate impacts on paleontologic resources. By jeng/ 8/1712005 / S:I TRACTSI63521CCIEx C zc-<:ondi/ions. doc ~ 'QAK~-9 o <!:, >- - I- m _ r- " C> ORIGINAL ..",_.__..,--_._,-~_._-_.~- Exhibit C" ZC 03-1188 Eagle Meadows Page 8 of 8 Traffic (Cumulative Impacts) 33. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program, paying the standard per lot rate for residential development. The following RTIF program projects are identified for the project area: · The construction of an interchange at Fairfax Road and SR 178 and improving SR 178 as a multi-lane freeway east of Fairfax Road (Phase II local adjustment required); · Widening and extending various segments of Morning Drive and constructing an interchange connection at SR 178; · Vineland Road will be extended to the north from Eucalyptus Drive to Paladino Drive with an interchange connection at SR 178(Phase II local adjustment required); and · Construction of interchanges at SR 178 and Masterson Street and Alfred Harrell Highway (Phase II local adjustment required). 34. Prior to the issuance of building permits, the project applicant shall pay the proportionate share for local mitigation improvements (those not covered by the RTIF) as follows: Existing Street System Scenario: . Mesa Marin Drive and SR 178 - Install signal, one northbound land and one southbound lane. Future Street System Scenario . SR 178 and SR 184 -Install signal, install one westbound right turn lane and one southbound left turn lane (local adjustment required for turn lane). 35. Prior to the issuance of building permits, the applicant's funding calculations for all improvements associated with the local mitigation improvements fee program shall be submitted to the City for review and approval. Bioloaical Resources (Cumulative Impacts) 36. The following invasive exotic plants shall not be used in any project residential or commercial landscaping: tamarisk (all species) and pampas grass. In addition, vegetation at any ponds or water features shall be managed in a way such that none of the invasive exotic plants listed by the Department of Agriculture allowed to become established. 37. During construction, site boundaries shall be clearly marked with flagging, fencing, or other suitable material to prevent construction equipment and vehicles from impacting adjacent habitat areas potentially occupied by special-status species. By jengJ 8/17/2005 / S:I TRACTSI63521CCIEx C zc-conditions.doc ,<'?>MS'-'9 C) % >- - ¡.- m - I"- " () ORIGINAL ,.,._~.~~~-_. ".----.-.--..-.,---.------ EXHIBIT "D" CEQA Findings and Findings of Fact for the Eagle Meadows Project (State Clearinghouse 2004101035) Prepared for: City of Bakersfield Development Services Department 1715 Chester Avenue Bakersfield, CA 93301 661.326.3043 Contact: Jennie Eng, Associate Planner Prepared by: Michael Brandman Associates 220 Commerce, Suite 200 Irvine, CA 92602 714.508.4100 Contact: Michael E. Houlihan, AICP, Project Director Kara E. Palm, Project Manager I··· ... \Ji.-La;::: Bnh:nHT¡ .\,;<,<;,.;',1''- June 8, 2005 x 'òAK<:1' o ~ "- - >-- m - r- o c::, ORIGINAL Eagle Meadows Project CEQA Findings and Findings of Fact Table of Contents TABLE OF CONTENTS Section 1: Introduction ....................................................................................................... 2 Section 2: Project Description ...........................................................................................2 Section 3: Mitigated Project-Level and Cumulative Adverse Impacts.............................2 3.1 - Air Quality............ ...... ................................................................................. .... ... 2 3.2 - Noise................................................................................................................. 2 3.3 - Geology and Soils .............................................................................................2 3.4 - Biological Resources......................................................................................... 2 3.5 - Cultural Resources............................................................................................ 2 3.6 - Cumulative Impacts...........................................................................................2 Section 4: Significant and Unavoidable Adverse Impacts ...............................................2 section 5: Feasibility of Project Alternatives ....................................................................2 4.2 - No ProjecVNo Development Alternative............................................................. 2 4.3 - No ProjecVDevelopment in Accordance with the General Plan Alternative ........2 4.4 - Development in Accordance with the General Plan Noise Element Alternative...................................................................................................... 2 4.5 - Environmentally Superior Alternative................................................................. 2 Attachment A: Statement of Overriding Considerations................................................ 21 Michael 8randman Associates S:\TRACTS'6352\CC\EIR Firxlings.doc ~ ~Mê'~ o ~ Iþ... - >- m - ,... Q e:, ORIGINAL Eagle Meadows Project CEQA Findings and Findings of Fact Introduction SECTION 1: INTRODUCTION In compliance with the requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City of Bakersfield has conducted an environmental review of the proposed Eagle Meadows project. A Notice of Preparation was released for public review in August of 2004. In February 2005, the Draft EIR was released. After receiving public comment on the Draft EIR, the City prepared a document entitled Responses to Comments on the Draft EIR (RTC). The RTC document includes the verbatim comments received on the Draft EIR, a list of those commenting, and the City's responses to the significant environmental points raised in the review and consultation process. In response to certain comments, the Draft EIR was modified, as set forth in the responses to comments. The Final EIR for the Eagle Meadows project consists of the Draft EIR and the RTC document. The RTC provides responses to comments on environmental issues describing the disposition of the issues, explaining the EIR analysis, supporting the EIR conclusions, andJor providing information or corrections as appropriate. These Findings are based upon the information in the record of proceedings, including the Final EIR, staff reports, project applicant's materials, Mitigation Monitoring Program, and the testimony presented at public hearings. CEQA provides in relevant part, at Public Resources Code Section 21081, that: [N]o 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 ulÙess both of the following occur: (a) the public agency makes one or more of the following findings with respect to each significant effect: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. 3. Specific economic,legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the environmental impact report. (b) With respect to significant effects which were subject to a fmding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic,legal, social, X 'QAKç'2 () ~ 1- _ I- m - ,... "OR/GINA[=' Michael Brandman Associates S:\TRACTS'ó352\CC\EIR Firxlings.doc Eagle Meadows Project CEQA Findings and Findings of Fact Introduction technological, or other benefits of the project outweigh the significant effects on the environment. Because the Eagle Meadows project Environmental Impact Report (EIR) identified significant effects that may occur as a result of the project, and in accordance with the provisions of CEQA and the CEQA Guidelines, the City Council of the City of Bakersfield hereby adopts these Findings. For each of the significant effects identified in Section 3, as set forth in greater detail in these Findings below, the City Council makes the finding under paragraph (I) of subdivision (a) above. For each of the significant effects identified in Section 4, as set forth in greater detail in these Findings below, the City Council makes the finding under paragraph (3) of subdivision (a) and under subdivision (b) above. CEQA requires that the EIR reflect the City's own independent judgment and review. Accordingly, the City Council expressly finds that the Final EIR for the Eagle Meadows project reflects the City's independent judgment. In accordance with the provisions ofCEQA and the CEQA Guidelines, the City Council of the City of Bakersfield has independently reviewed the record of proceedings and based on the evidence in the record adopts these Findings. Michael Brandman Associates S:\TRACTS'ó352\CC\EIR Pindings.doc 2 !( 'QA/(~~ o ~ Ë ~ t,;) O"'IGINA~ Eagle Meadows Project CEQA FIndIngs and FindIngs of Fact Project Description SECTION 2: PROJECT DESCRIPTION The proposed project is the development of a single-family residential community on approximately 156 acres that includes approximately 489 single-family residential units, a detention basin, and four lots for open space purposes. The gross density is 3.13 units per acre with a net density of 3.91 units per acre. The project site currently has a General Plan designation of Low Density Residential (122 acres), which allows development at a density of 7.25 units per acre and Open Space (34 acres). The project will result in the development of residential structures with heights between 30 and 35 feet, which is consistent with the City's Municipal Code. Recognizing the air quality attainment issues that are present in the air basin, the project will not include fireplaces, which are a major source of air emissions in the basin. The project applicant proposes a General Plan Land Use Element amendment by changing 2.7 acres of land designated as Open Space to Low Density Residential. In conjunction with the General Plan amendment, the applicant proposes to change the same 2.7 acres that are zoned for Open Space to R-l (One Family Dwelling). The project applicant also proposes an amendment to the General Plan Circulation Element by designating Highland Knolls Drive as a collector street east of Vineland Road. The project applicant proposes to phase the development of the project site over approximately 5 years and complete buildout of the site in the Year 2010. Phasing on the project site is proposed to extend from north to south. Michael Brandman Associates S:\TRACTS'ó352\CC\EIR Piooings.doc ~ Iò"'K~~ 3 0 <¡:, >- ¡¡; I;:: r- Q 0 ORIGINAL Eagle Meadows Project CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts SECTION 3: MITIGATED PROJECT-LEVEL AND CUMULATIVE ADVERSE IMPACTS The EIR identified significant project,level and cumulative adverse impacts of the proposed project, and proposed mitigation measures to avoid or substantially lessen those impacts. Those impacts and mitigation measures are identified in the following sections. The Bakersfield City Council finds, based on the record and on the facts as set forth below, that the incorporation of the identified mitigation measures will mitigate most of the identified significant project-level and cumulative adverse impacts to a level that is considered less than significant. However, as identified in the Draft EIR, the noise emanating from the Mesa Marin Raceway east of the project site will result in significant and unavoidable noise impacts. Additionally, residences along State Route (SR) 178 from Fairfax to Moming Drive and along SR 184 from Vineland to Masterson will be exposed to a substantial noise increase. Therefore, as outlined in CEQA Guideline 21081, the project will require a Statement of Overriding Considerations (see Attachment A). 3.1 - AIR QUALITY (EIR, Section 5.2.) 3.1.1 - Potentially Significant Impact The project will result in the generation of air quality emissions during the short-tenn construction phase, specifically, particulate matter (PM-IO) and nitrogen oxides (NOx). Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The project level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the Final EIR and incorporated into the project. AQ 5.2-1 Prior to approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVU APeD stating the dust suppression measures that Michael Srandman Associates S:\TRACTS"li352\CC\EIR Findings.doc ~ ~M~-9 o % 4 >- - '::= ~ <J 0 ORIGINAL -..--.,---- Eagle Meadows Project CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts shall be completed during constmction activities to comply with SJVUAPCD Regulation VIII. AQ 5.2-2 The following shall be incorporated into grading and building plans. · Cover all access roads and parking areas with asphalt-concrete paving. · Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. · Use water sprays or chemical suppressants on all unpaved areas to control fugitive emissions. · Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions. · Cease grading activities when entrainment due to a wind event exceeds the District's twenty percent opacity requirement. · Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site. · All haul trucks shall be covered when transporting loads of soil. · Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. AQ 5.2-3 Prior to the issuance of a grading pennit, the following shall be incorporated into the grading plan. · Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. · Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. · Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. · Use electric equipment for construction whenever possible in lieu of fossil fuel- fired equipment. 3.1.2 - Potentially Significant Impact In the long-term, project vehicle trip generation in addition to energy consumption (heating and cooling) will produce air quality emissions, of particular concern are ROG and NOx. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Michael Brandman Associates S:\TRACTSI6352\CC\EIR Findings.doc 5 ~ ~Mê1' o '!: :>- I;::. c> c ORIGINAL Eagle Meadows Project CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts Facts in Support of Finding The project level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the project. AQ 5.2-4 Prior to issuance of a building pennit, transportation control measures and design features shall be incorporated into the project to reduce emissions from mobile sources. A strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, and traffic congestion includes the following: · Improve street and traffic signals for those intersections and street segments that the project contributes to traffic (see mitigation measures TR 6-1 through TR 6-3 in Section 6 of this DEIR) AQ 5.2-5 The project proponent shall contact the Golden Empire Transit to detennine the feasibility of providing bus service to the project site and detennine the need and location of potential bus stops, passenger benches, shelters, turnouts, and signage. AQ 5.2-6 The project proponent shall integrate into the project design pedestrian safety infrastructure including crosswalks and lighted pedestrian signals at all signalized intersections, provide shade trees and street lighting along all sidewalks, and provide direct pedestrian pathways with street lights to any future bus stops as detennined in AQ 52-5. AQ 5.2-7 The project applicant shall incorporate the following in building plans. · Use 10w-NOx emission water heaters. · Provide shade trees to reduce building cooling requirements. · Install energy-efficient and automated air conditioners. · Exterior windows shall all be double-paned glass. · Energy-efficient (low,sodium) parking lights shall be used. AQ 5.2-8 Fireplaces are prohibited within the development. AQ 5.2-9 The project applicantisubdivider shall implement programs used for the reduction in 222 tons of reactive organic gases and 1.98 tons of oxides of nitrogen emissions, which may include one or more of the following: · Construction of a new, warranted signal. · Modification of an existing signalized intersection to add additional left turn storage or dedicated right turn capability. · Car crushing of older model cars. · Modification to stationary diesel engines, such as for agricultural use. · Modification of fleet vehicles and/or other mobile sources. Michael Brandman Associates S:\TRACTS'ó352\CC\EIR Findings.doc X '9M~?> (\ - IT! - ,.... o C;) ORIGINAL Eagle Meadows Project CEQA Findings and Findings of Fact MItigated Project Level and Cumulative Adverse Impacts . Mitigation program adopted by the APCD that is applicable to this project. The improvements for said project must be accepted by the Public Works Department prior to recordation of the final map. The program selected shall be a program that is not otherwise funded or constructed with Tract 6352. The subdivider is responsible for all costs to deternúne the emission reductions associated with projects. This documentation shall be submitted to the Planning Director and the Public Works Director prior to approval of a project. If one or more of these programs is selected by the project proponent/subdivider, proof of compliance with these measures must be provided to the satisfaction of the Planning Director prior to recordation of the final map. Proof of compliance may include documentation of the number, type and year of cars crushed; location and type of engines modified, photo documentation and quantification of emission reduction by SJVUAPCD or air quality consultant. 3.2 - NOISE (EIR Section 5.3.) 3.2.1 - Potentially Significant Impact Earthmoving, materials handling, stationary, and impact equipment and vehicles would generate noise during clearing, excavation, grading, structure, roadway, and utility construction operations associated with the development of the proposed project. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on water quality that could be caused by construction activities. Facts in Support of Finding The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measure as identified in the final EIR and incorporated into the project. N 5.3-1 All gas and diesel power equipment shall be properly muffled and maintained. Michael Brandman Associates $:\TRACTS\6352\CC\EIR Findings.doc X 'òf>..Kf-9 o ~ >r - I- m _ t- V <:;) ORIGINAL Eagle Meadows Project CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts 3.2.2 - Potentially Significant Impact Project related traffic along Vine land Road will exceed established standards. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The project -level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measure as identified in the final EIR and incorporated into the project. N 5.3-2 A sound wall at least 6 feet in height that is designed to achieve a reduction of 4 to 6 dB shall be constructed on the project site between the proposed residential lots and Vine land Road. 3.3 - GEOLOGY AND SOILS (EIR Section 5.4.) 3.3.1 - Potentially Significant Impact There is the potential that within the lifetime of the Eagle Meadows project, residents will experience strong groundshaking and structures may suffer damage as a result of seismic activity. As required, structures will incorporate earthquake-reducing design with the latest Unifonn Building Code and the appropriate seismic design criteria. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The project ,level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the project. Michael Brandman Associates S:\1RACTS'li352\CC\EIR Findings.doc 5t 'òAK~~ Q % 8 :>. - I- m "ð ORIGINAf Eagle Meadows Project CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts GS 5.4-1 Prior to the issuance of grading permits, Soils Engineering, Inc., or other qualified engineering geologist shall review and approve all grading plans and earthwork operation plans in relation to the recommendations set forth in the Guide Specifications for Earthwork. GS 5.4-2 Soil Engineering, Inc. or other qualified engineering geologist shall be provided with a forty-eight hours advance notice in order to be present at the site during all earthwork activities related to the excavation, tree root removal, stripping, backfill, and compacting and filling of the site and to perfonn periodic compaction tests. 3.3.2 - Potentially Significant Impact It is documented that soils within the greater project area have high expansion indexes, and there is the potential for soils at the site to also have a high potential for expansion. The expansion index results indicated a low to medium potential for expansion. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the project. See mitigation measures GS 5.4-1 and GS 5.4-2 above. GS 5.4-3 Prior to the issuance of grading permits, the project applicant shall include one of the following foundation systems and remediation schemes to reduce the potential for expansive soils to less than significant. · Waffle-slabs supported on a system of drilled piers anchored below the zone of moisture change; · Excavation of existing materials and replacement by non-expansive soils; · Reinforcement in footings and slabs. Flexural and shear stresses in slabs should be computed by determining the differential swell for the center lift and edge lift conditions using design procedures recommended by the Post-Tensioning Institute. The differential swell should be used to compute the maximum shear stresses and flexural stresses in floor slabs and flatwork. Use edge moisture variation distance Michael Brandman Associates S:\TRACTSI6352\CC\EIR Piooings.doc ~ ~A/(~~ <) % .t- _ 1- m - ,.. o ORIGINAC> Eagle Meadows Project CEQA Findings and Findings of Fact MltJgated Project Level and Cumulative Adverse Impacts (e",) of six feet and three feet for the center lift and edge lift conditions, respectively; . Provide Post-tensioned, free floating slabs-on-grade; . Provide positive free drainage away from the structure and make every effort possible to prevent subgrade saturation by measures such as containing all landscaping in sealed planters, sealing all construction joints with an elastomeric compound, providing the building with eave gutters and downspouts, and routing all drainage impinging upon the site from off-site sources as well as drainage generated on the site away from the proposed residential structures. 3.4 - BIOLOGICAL RESOURCES (Em section 5.5.) 3.4.1 - Potentially Significant Impact The site provides marginally suitable habitat for burrowing owl and foraging habitat for San Joaquin kit fox. Because these species are protected by state and federal law , impacts on special-status wildlife species are considered significant. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the project. BR 5.5-1 Prior to the issuance of a grading pennit, the project applicant shall pay a development fee in accordance with the MBHCP. BR 5.5-2 Prior to the issuance of a grading pennit on the 156-acre site, the project proponent shall comply with all appropriate tenns and conditions of the MBHCP to the City. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: Michael Brandman Associates S:\TRACTS'6352\CC\E1R Findings.doc ~ 'òA/(é''2 <:) II' 10>- '" ð ORIGlNAl.g Eagle Meadows Project CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts · A preconstruction survey shall be conducted prior to site grading to search for active kit fox dens. The survey shall be conducted not more than 30 days prior to the onset of construction activities in areas subject to development to determine the necessity of den excavation. · Monitoring and excavation of each known San Joaquin kit fox den which cannot be avoided by construction activities. · Notification of wildlife agencies of relocation opportunity prior to ground disturbance in areas of known kit fox dens. · Excavations shall either be constructed with escape ramps or covered to prevent kit fox entrapment. 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 1/4 mile. Slope of ramps shall be no steeper than 1:1. · All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. · All employees, contractors, or other persons involved in the construction of the project shall attend a "tailgate" session informing them of the biological resource protection measures that will be implemented for the project. The orientation shall be conducted by a qualified biologist and shall include infonnation regarding the life history of the protected species, reasons for special status, a summary of applicable environmental law, and measures intended to reduce impacts. · All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or other animals. 3.4.2 - Potentially Significant Impact Implementation of the proposed project may disturb active nesting activities of ground-nesting birds if construction activity occurs during the nesting season. Nests of other migratory song birds and raptors are not expected to occur onsite. All active migratory bird nests are protected under the Migratory Bird Treaty Act and therefore, any impacts to nesting migratory birds is considered to be a significant impact. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Michael Brandman Associates S:\TRACTS'ó352\CC\EIR Findings.doc ~ ~AKê"~ B c; >- m - ,.... '-' <::> ORIGINAL Eagle Meadows Project CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts Facts in Support of Finding The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the project. BR 5.5-3 Prior to the issuance of a grading permit for the approximately l56-acre site, the project applicant shall comply with the following raptor nest mitigation: · If site grading is proposed during the raptor nesting season (February-September), a focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. · If construction is proposed to take place during the raptor nestinglbreeding season (February - September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Trees containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October- January). · Preconstruction surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding season (September I through January 31), passive and/or active relocation efforts may be undertaken if approved by CDFG and USFWS. If active burrowing owl burrows are detected during breeding season (February 1 through August 31), no disturbance to these burrows shall occur without obtaining appropriate permitting through the Migratory Bird Treaty Act. 3.5 - CULTURAL RESOURCES (EIR section 1.7.) 3.5.1 - Potentially Significant Impact Grading activities in the southwest portion of the project site between elevations 600 feet and 700 feet could result in impacts to the Sharktooth Hill bonebed. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Michael Brandman Associates S:\TRACTS'6352\CC\EIR Findings.doc ~ 'òA/(S'~ ~ ~ ..... m t:> Ot'llGINAP Eagle Meadows Project CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts Facts in Support of Finding The project-level significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the project. CR 5.7-1 Prior to grading, a paleontologist shall be retained, attend a pre-grading meeting, and set forth the procedures to be followed during the monitoring program. CR 5.7-2 One paleontological monitor that is trained and equipped to allow rapid removal of fossils with minimal construction delay is expected to be sufficient. Full-time monitoring of the portions of the project site that have earth-disturbing activities at elevations between 600 feet and 700 feet shall be provided. CR 5.7-3 If fossils are found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvaging of the fossils. If construction personnel make the discovery, the grading contractor shall immediately divert construction and call the monitor to the site. Major salvage time may be shortened by grading contractor's assistance (e.g., removal of overburden, lifting and removing large and heavy fossils). CR 5.7-4 The project paleontologist shall prepare, identify, and curate all recovered fossils. Upon completion of grading, the project paleontologist shall prepare a summary report documenting mitigation and results, with itemized inventory of collected specimens. The paleontologist shall submit the report to the City of Bakersfield, designated depository, and any other appropriate agency, and transfer fossil collection to an appropriate depository. The summary report shall be submitted to the City. This submittal will signify completion of the program to mitigate impacts on paleontologic resources. 3.6 - CUMULATIVE IMPACTS (Em section 6.) 3.6.1 . Potentially Significant Impact Project implementation will result in significant cumulative traffic impacts at project area study intersections and on State Route segments. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Michael Brandman Associates S:\1RACTSI6352\CC\EIR Findings.doc ~ 'òþ,K~~ 3 ~ >- - ';:. ~ '" C:> ORIGINAL Eagle Meadows Project CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts Facts in Support of Finding The cumulative significant effects have been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the project. TR6-1 Prior to the issuance of building pennits, the project applicant shall participate in the RTIF program, paying the standard per lot rate for residential development. The following RTIF program projects are identified for the project area: · The construction of an interchange at Fairfax Road and SR 178 and improving SR 178 as a multi-lane freeway east of Fairfax Road (Phase II local adjustment required) ; · Widening and extending various segments of Morning Drive and constructing an interchange connection at SR 178; · Vineland Road will be extended to the north from Eucalyptus Drive to Paladino Drive with an interchange connection at SR 178(Phase II local adjustment required); and · Construction of interchanges at SR 178 and Masterson Street and Alfred Harrell Highway (Phase II local adjustment required). TR6-2 Prior to the issuance of building pennits, the project applicant shall pay the proportionate share for local mitigation improvements (those not covered by the RTIF) as follows: Exisling Streel Syslem Scenario: · Mesa Marin Drive and SR 178 - Install signal, one northbound land and one southbound lane. Future Slreet System Scenario · SR 178 and SR 184 ' Install signal, install one westbound right turn lane and one southbound left turn lane (local adjustment required for turn lane). TR6·3 Prior to the issuance of building pennits, the applicant's funding calculations for all improvements associated with the local mitigation improvements fee program shall be submitted to the City for review and approval. 3.6.2 - Potentially Significant Impact The project will contribute to cumulative air quality degradation throughout the valley. Michael Brandman Associates S:\TRACTSI6352\CC\EIR Findings.doc X ~M~~ o '4¡, , - >-14 ~ <) ORG/NAI.~ Eagle Meadows Project CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The project,level and cumulative significant effects have been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the project. See mitigation measures AQ 5.2-4 through AQ 5.2-9 in Section 3.1 of this document. 3.6.3 . Potentially Significant Impact Implementation of the proposed project, in conjunction with future developments associated with cumulative projects would contribute to the ongoing loss of open space in the region, resulting in a decline of biological resources and species diversity. Cumulative development would also result in increase traffic and human use of the project vicinity, which would increase human intrusion and activity levels in proximity to habitat areas and wildlife use areas and, therefore, further reduce the quantity and quality of wildlife habitat. This would be a significant impact. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The cumulative significant effects have been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the project. See mitigation measures BR 5.5-1 and BR 5.5-2 in Section 3.4 of this document. BR 6-1 The following invasive exotic plants shall not be used in any project residential or commercial landscaping: tamarisk (all species) and pampas grass. In addition, vegetation at any ponds or water features shall be managed in a way such that none of the invasive exotic plants listed by the Department of Agriculture allowed to become established. MIchael Brandman Associates S:\1RACTS\6352\CC\EIR Pindings.doc ~ '?>AJ(~'2 15) ~ >- - ..... m - ,.. a ORIGINAt> Eagle _dows Project CEQA Findings and Findings of Fact Mitigated Project Level and Cumulative Adverse Impacts BR 6-2 During construction, site boundaries shall be clearly marked with flagging, fencing, or other suitable material to prevent construction equipment and vehicles from impacting adjacent habitat areas potentially occupied by special-status species. 3.6.4 - Potentially Significant Impact The proposed project and future projects associated with General Plan buildout and identified in earlier in this section are located in an area known to contain paleontological resources. Therefore, implementation of the project and other projects could potentially result in significant cumulative impacts to paleontological resources. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The project-level and cumulative significant effects have been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified in the final EIR and incorporated into the project. See mitigation measures CR 5.7-1 through CR 5.7-4 in Section 3.5 of this document. Michael Brandman Associates S:\TRACTSI6352\CC\EIR Findings.doc ~ ~Mç1> a <!;, 1& - I- m - ,... " (;> ORIGINAL Eagle Meadows Project CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts SECTION 4: SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS 4.1 Significant and Unavoidable Impact Some residents in the project site will be exposed to noise levels that exceed Lso - 55dBA. These noise levels are generated by racing events at the adjacent Mesa Marin Raceway. 4.1.1 - Finding Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the environmental impact report. 4.1.2 - Facts in Support of Finding No feasible measures are available for the project applicant to reduce noise levels from the Mesa Marin Raceway to less than Lso - 55 dBA. Effective mitigation of Mesa Marin racing noise must be applied at the source, that is, at the raceway itself. There is little that can be accomplished on the project site that will reduce racing noise levels. A sound wall constructed along the perimeter of the site may reduce noise at residences immediately adjacent to the wall, but not the remainder of the homes. Sound insulation of homes will improve interior noise levels, but noise levels outside homes will still exceed local standards. The No ProjectlNo Development Alternative would avoid significant and unavoidable noise impacts, but would not meet any of the project objectives, primarily the creation of a master planned residential community. However, the No ProjectlNo Development Alternative also would not accommodate the new traffic patterns created by the future interchange at Vineland or promote street circulation. The General Plan Alternative would place a greater number of structures within areas of excessive noise; thus this Alternative would have greater noise impacts. The Noise Element Alternative would avoid the noise impacts associated with the proposed project by siting the residential lots outside of the Lso dBA noise contour. However, this alternative would only allow for 41.6 acres and 130 residential lots to be developed and result in fragmentation of the development pattern in northeast Bakersfield. Furthermore, since this alternative would not result in full implementation of the circulation system and associated improvements, especially those improvements in the northern portion of the project site, this alternative would not provide as much access, including pedestrian access to the planned commercial uses north of SR 178. Additionally, this alternative would not meet most of the objectives of the proposed project, and would not create a viable master planned community that reflects the City's desire to promote development in northeastern Bakersfield. Michael Brandman Associates S:\TRACTS\6352\CC\EIR Findings.doc ~ 'òAKêo£ a ~ .". - .... m - ,.. r..) () ORIGINAL Eagle Meadows Project CEQA Findings and Findings of Fact Significant and Unavoidable Adverse Impacts The significant and unavoidable adverse impacts on land use and planning by the proposed project are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. 4.2 Significant and Unavoidable Impact Five roadway segments will experience a substantial cumulative increase in noise levels. OIÙY two of the roadway segments (SR 178 from Fairfax to Morning and SR 184 from Vineland to Masterson) have existing residences in the vicinity. As a result, these residences will experience significant cumulative noise impacts. 4.1.3 - Finding Specific economic,legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the environmental impact report. 4.1.4 - Facts in Support of Finding All project related cumulative impacts can be reduced to less than significant, with the exception of offsite noise related impacts to sensitive land uses along existing roadways. Offsite project traffic noise impacts in the Year 2010 are considered to be significant. Residences along SR 178 from Fairfax to Morning and along SR 184 from Vineland to Masterson will be exposed to a substantial increase in noise. This noise increase was contemplated in the Metropolitan Bakersfield General Plan Update EIR because there are numerous areas throughout the City that will experience substantial increases in noise due to future development in accordance with the Metropolitan Bakersfield General Plan. These increases are projected to occur due to substantially lower traffic volumes that currently exist compared to the volumes projected in the future. No feasible measures are available for the project applicant to reduce project and cumulative traffic noise levels along SR 184 from Vine land to Masterson and cumulative traffic noise levels along SR 178 from Fairfax to Morning. Therefore, significant and unavoidable noise impacts will occur along these two roadway segments. The No ProjectlNo Development Alternative would avoid significant and unavoidable noise impacts, but would not meet any of the project objectives, primarily the creation of a master planned community. Additionally, the No ProjectlNo Development Alternative is not consistent with the City's vision for northeast Bakersfield. The No Project/General Plan Alternative would place a greater number of structures within areas of excessive noise; thus this Alternative would have greater onsite noise impacts. Moreover, since the No Project/General Plan Alternative would result in a greater number of residential units it would also generate a greater amount of traffic thereby Michael Brandman Associates S:\TRACTS"6352\CC\EIR Findings.doc ~ <Q"i¡(f-s> c ~ ~ m 1t: [:; " ~IN"L Eagle Meadows Project CEQA Findings and Findings of Fact Significant and Unavoidable Adverse/mpacts generating more noise along project area roadways. The Noise Element Alternative would avoid the noise impacts associated with the proposed project by siting the residential lots outside of the L50 dBA noise contour. However, this alternative would only allow for 41.6 acres and 130 residential lots to be developed and result in fragmentation of the development pattern in northeast Bakersfield. Furthennore, since this alternative would not result in full implementation of the circulation system and associated improvements, especially those improvements in the northern portion of the project site, this alternative would not provide as much access, including pedestrian access to the planned commercial uses north of SR 178. Additionally, this alternative would not meet most of the objectives of the proposed project, and would not create a viable master planned community that reflects the City's desire to promote development in northeastern Bakersfield. The significant and unavoidable adverse impacts on land use and planning by the proposed project are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. Michael Brandman Associates S:\TRACTS'63S2\CC\EIR Findings.doc ~~M~ o \Ii, ;9 g ORIGINAL Eagle Meadows Project CEQA FIndings and Findings of Fact Feasibility of Project Alternatives SECTION 5: FEASIBILITY OF PROJECT ALTERNATIVES CEQA requires that an EIR include an analysis of a reasonable range of feasible alternatives to a proposed project capable of avoiding or substantially lessening any significant adverse environmental impact associated with the project. The discussion of alternatives is required to include the "No Project" alternative. CEQA requires further that the City identify an environmentally superior alternative. If the "No Project" alternative is the environmentally superior alternative, an environmentally superior alternative must be identified from among the other alternatives. (CEQA Guidelines, section 15126.6.) As set forth in these Findings, the Project, with the Mitigation Measures incorporated, will have remaining significant adverse environmental impact. The City has, in addition to incorporating the recommended measures to mitigate the identified impacts, reviewed a range of potential alternatives to the proposed project. The Eagle Meadows EIR discussed the No Project/No Development Alternative, the No Project/Development in Accordance with the General Plan Alternative, and the Development in Accordance with the General Plan Noise Element Alternative. An Environmentally Superior Alternative has been selected from among the three alternatives evaluated in this Draft EIR. An alternative that is environmentally superior will result in the fewest or least significant environmental impacts and will achieve the project objectives of the planning effort. The City Council rejects each of the Alternatives, on the grounds that they are infeasible, fail to meet the objectives of the Project, or fail to avoid adverse environmental impacts, as set forth in greater detail below. 4.2 - NO PROJECT/NO DEVELOPMENT ALTERNATIVE This alternative would leave the entire project site unchanged and no new development would occur onsite. In general, the Eagle Meadows project area would continue to exist as open space. The No Project Alternative would result in fewer transportation and traffic, air quality, noise, geology and soils, biological resources, hazards and hazardous materials, and cultural resources impacts in relation to the proposed project. However, this alternative would not meet the project's objectives. It also does not serve to further the planning vision of the City, which as set forth in the City's General Plan, indicates the City's desire to promote residential development and expansion in northeast Bakersfield. This alternative will also not provide the economic benefits to the City. Although this alternative is environmentally superior to the project, the City finds it to be less desirable than the proposed project, and rejects it because it fails to meet the project's objectives. Michael Brandman Associates S:\TRACTS"6352\CC\EIR FiOOings.doc ft. 'ò/'.K~~ c ~ 2if; iñ _ r- " !) ORIGINAL Eagle Meadows Project CEQA Findings and Findings of Fact Feasibility of Project Alternatives 4.3 . NO PROJECT/DEVELOPMENT IN ACCORDANCE WITH THE GENERAL PLAN ALTERNATIVE This alternative will allow for the development of the project site as dermed in the General Plan, which would result in greater development intensity. The project site currently has a General Plan designation of Low Density Residential (122 acres) which allows a density of up to 7.26 units per net acre and Open Space (34 acres). Thus under the General Plan Alternative, the project site would be developed with approximately 880 residential units on the 122 acres of land designated Low Density Residential and 34 acres of open space. Comparatively, the proposed project would result in the construction of 489 residential lots on 125 acres with a gross density of 3.13 units per acre and a net density of3.91 units per acre. The remaining 31 acres of the 156-acre project site would be retained as open space. The General Plan Alternative would result in greater transportation and traffic, noise, geology and soils, biological resources, hazards and hazardous materials, and cultural resources impacts in relation to the proposed project. The General Plan Alternative could achieve the objectives of the project; however, the City Council rejects this alternative because of its significant adverse environmental impacts. 4.4 - DEVELOPMENT IN ACCORDANCE WITH THE GENERAL PLAN NOISE ELEMENT ALTERNATIVE Portions of the project site will be exposed to noise impacts as a result of racing activities at the Mesa Marin Raceway. The Development in Accordance with the General Plan Noise Element Alternative (Noise Element Alternative) examines the development of the project site in a manner that would avoid the placement of residential units within areas of the project site that will be exposed to noise in excess of the City's established thresholds. As such, the portions of the project site that lie within the Lso - 55 dBA or greater noise contours (see Exhibit 5.3-1) would remain undeveloped and, in accordance with the site plan, the remaining 41.6 acres containing 130 residential lots outside of the Lso - 55 dBA or greater noise contours would be developed in the southwestern portion of the project site. When compared to the Eagle Meadows project, the Noise Element Alternative would result in less transportation and traffic, air quality, noise, geology and soils, biological resources, hazards and hazardous materials, and cultural resources impacts. However, this alternative would not meet most of the objectives of the proposed project. The project would provide an open space buffer between the project site and the Mesa Marin Raceway by reducing the amount of developable land; however, such a reduction in development would not create a viable master planned community that reflects the City's desire to promote development in northeastern Bakersfield. Moreover, the reduction in development would not result in the circulation improvements as outlined in the project objectives. Although this alternative is environmentally superior to the project, the City finds it to be less desirable than the proposed project, and rejects it because it fails to meet the project's objectives. Michael Brandman Associates S:\TRACTS'6352\CC\EIR Findings.doc f< ~AK&~ C"\ cP >-21 ~ I- Tn - ,.... c) C> ORIGINAl.. Eagle Meadows Project CEQA Findings and Findings of Fact FeasIbility of Project Alternatives 4.5 - ENVIRONMENTALLY SUPERIOR ALTERNATIVE The environmentally superior alternative is selected from among the preceding alternatives and the Eagle Meadows project. An alternative that is environmentally superior would result in the fewest or least significant impacts and will feasibly attain most of the objectives of the planning effort. Based on the evaluation of the alternatives in this section, the No Project/No Development Alternative would result in fewer significant impacts than the Eagle Meadows Subdivision project. CEQA states that if the environmentally superior alternative is the "No Project" alternative, the ErR shall also identify an environmentally superior alternative from other alternatives. The Noise Element Alternative is, thus, considered to be the environmentally superior alternative. However, although this alternative is detennined to be environmentally superior to the proposed project, in relation to transportation and traffic, air quality, noise, geology and soils, biological resources, hazards and hazardous materials, and cultural resources, it would not fully obtain the objectives of the Eagle Meadows project. Specifically, by reducing the scale of the project, the Noise Element Alternative reduces the amount of housing onsite by almost 75 percent, which would present obstacles to achieving the project objectives. Michael Brandman Associates S:\TRACTSI6352\CC\EIR Findings.doc !<.~M~~ () ~ 't2 - 1- m _ r- '-' <:> ORIGINAl Eagle Meadows Project CEQA Findings and Findings of Fact EXHIBIT E Attachment A: Statement of Overriding Considerations MIchael Brandman AssocIates S:\TRACTS'6352\CC\EIR Fmdings.doc -----------.---,. ~ ~1IK~'2 () % >- - \- m - ,... <:> C) ORIGINAl Eagle Meadows Project CEQA Findings and Findings of Fact Attachment A STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in detennining whether to approve the project. The City of Bakersfield proposes to approve the Eagle Meadows project although unavoidable adverse noise impacts have been identified in the EIR. Specifically, the significant and unavoidable noise impacts are associated with raceway activities at the adjacent Mesa Marin Raceway and offsite project traffic noise impacts in the Year 2010. Even though these adverse impacts are not reduced to a level considered less than significant, the Bakersfield City Council finds that those impacts are outweighed by the benefits of the Eagle Meadows project. Further, the alternatives which were identified in the EIR would not provide either in part or in whole the project benefits, as summarized below, to the same extent as the proposed project: · Create a master-planned residential community that will enhance the quality of the City of Bakersfield and help create a desirable lifestyle for those homeowners who reside there; · Accommodate new traffic patterns created by the Vine land Street/State Route 178 interchange; · Provide an open space buffer between the Mesa Marin Raceway and the Eagle Meadows project site; · Promote street circulation by facilitating the frontage road shown as Mesa Marin Drive on the east side of the project site; · Provide improvements to SR-178 and SR-184 along the project frontage; and · Provide a safe street network that contributes to the quality of the neighborhood. Therefore, the Bakersfield City Council, having reviewed and considered the information contained in the EIR and the public record, adopts the Statement of Overriding Considerations which has been balanced against the unavoidable adverse impacts in reaching a decision on this project. Michael Brandman Associates S:\TRACTSI6352\CC\EIR Fiooings.doc ~ 'Qþ.,/(~~ ö % A·"" - >- m - ,... Ù t> ORIGINAL I.L ~ CD J: >< W ~ J! II. '" ~ ." 2 ï: ~ ~ .g .. ~ i z 1-« 0...1 Wa. "')c¡ Oz ~-It) a.~c> U)Oc> ~!::N OZCÕ COW «:::Ez WZ::l :::EO"') W- ...1< ~!:2 W!:: :::E ~ .g .. ~ .!! ! » .r> '0 gf ~ .~ e is: ~ " o _ 2 õ'§ =0 ~ .~ '5 ~ ~ oa"S.F!1ij-<: ß ~1ã.s;:> -8t>Q..ø> .- ,,~ !!;¡; CI1 .=>~ 3 e¡ e b/) ~,g »""; ~.¡; § jj' EI,., '""' '¡;J =_ cS tf is:.2 ª" "" ~" Co:! '=>:9 ~ 8 Q.~~8:.9 ~õI i!J ::I ~ 'S '¡j ~ : ·3 ~še.g:~ N ~soG)~ iii "E0Þ-=c u..... b() 0 Z õI'OUS'''' ~ ~ [~£.~~ frl.~~gBog II) .~ E '8' å) ~ 8 - 1:1 ....c..i$<gf...; ~ ro1 ·8 à -_'" ~ '§ ~ ::¡ EI ø" =._..... '0 OIl( .. . ~ e tI'l"t:! d ~ ~ ~ t!J ~ d) ~ .S! a ~ f"!"'S..~.s~1fj II: å "';E- EI S-], ;¡¡: ~ ~i§~,g8~ » .r> '0 ·r ~ 15: ~ ª b/) .5 ~ b/) .9 .S '0 " Ë ~ o " .S " .r> '¡;j '" ~ b/) .~ oS :s " . ¡:: § Ñ"'S. , b/) :rl,g 0'== -<:.Ë J!j e¡ ¡j o Y -ã 1 ,g .¡; ~ ~ b/) ~ "" ª ~ -g e ~ ~ 8 íJ '¡;j . .... b/) ~.5 o 1;; u"" " o - .... "'- ~2 -"" &¡ ~ Q] ¡¿'"' <';; :::>1 > " .....'0 ~ § .¡; ~ bY ¡H 0- " ~ -.>f 2 íJ ~,g b/)::I .s~ 1;; 0 """ B ¡g rñ ""õI ",....,.¡: g ~ £ o " ~ ~'5 0; 2~b/) "" e¡.5 (/)] ~ -<: '" "" . . .9 ~ ~ '0 " 1;; § '¡;j " o ~ ~ ~ e¡ §: ~ õI " .¡¡ ~ ~ .S " ~ i5 ï3 ~ " i§'~ c..';:1 :.~ J!j-E "'- ~ g " " ~ 8 - ~ .g " .:: - ]' " .g e¡ .9 ~ 'S ~ '0 " == -®" ~ '¡;j .... i .... o .... " ;> 8 . - ¡g ~.2 .Q ~ "'s &j " . '0 ~ ~ § ~ '0 ~ ~ .~ ë § ('j.ê .c ::I ª" 9 C'" ¡::; "e¡ or) .g þ - ='~ " "" ·1 ~ " i:! " " " "" ,gg ~ ~ " - .", ~ :~ 1) t) 'E '" ~ ~~ ¡g,g b/)~ ,,'" ~ ¡¡ ð~ . .9 ~ '" ~ " -¡¡ :.a " . ;> J!j ]';; '" g ]'B gË .'" ¡g ~ 8 a,š 8~ '§ ~ ;:¡ ~ . . ~ .. æ u .!,! 0 8'" :::~ <I;¡!! h .g~ ~N ~ ð~;¡~d' ,)... ~< ~ I- .I!~ m Õ :Ii;;;&- ORIGINAL c .!! Q. '" c ." S ., ~ c .S! ~ .. ~ ¡ '" ~ ·C " 1J 'õò ¡¡j È '" !: ~ « § » ~ » i ~ ·r ·r ] e != " 0. ¡¡; 0 <- " ¡¡; 0 B ..... 80 ~ 0 :¡;¡ .~ ~ a:::..s:! 0 'õ .¡¡J 8g1ha <;; " g .§' ~ ~ o~ 0; .. :(j ..... .9 ].- ø<: .~ 0 1ií- > -- '" .... " .ª o.¡¡ '" ..¡;¡¡ ª " '" '" .e ;§ " :> ª í!j .", Q oS ~ ¡;¡ 0 o,s-g _ o's !:! :Ë 'c " '" '.;j :.§ 8, 0'; '" 0.0 .. o.-::! .- " 8. ~ Š 0.9 " " £ £ .- " ~.~ ,,"..... &- '" .... . - 'Õ ~~o ~ g " 8.¡j !: -¡¡ ».- " .~ .¿ '" . - .. 'Su\O " '" :!j .~ ~.!~ ë ~.~ ~'[ .- is " 00 " og:.s /I) ~.9 ï= 8- '.ø u " ~ ~ 8,&",,, "'-- 's 2£ .... " - " OÐ8< >" ~og .. ij rñ .e.. .- ,s " -", B .9 ~ B 0 .S.9 .;-¡¡ .... '" 00; " " .- ..e 8.51 "ª "'.- ~ "C II) <u"i) ..!2 ~ ~ :>:¡ .;::.. '3~~>.. ~.s~ ~ .. . .~ :s 0.9 o;'S '" .; '" ª ~- g.. .! " = § 0; 0 9 ~=ø::: .....- " .... g'~ ~..= en {/j' .;; 8: E-- '" ='¡;; o 0. 's ~ ] I '- VJ (1) Q.) iiI: Jj !:! "'- " .. 5] '"" a or.n:;:=;]:o ~ t) "Éb " -= g ª.9 .9 " .e " "~~ ;::; E" :> .!! ~ > "'.= ~ ~~ ~.~ " [ ~ ªu,E e'=~ gi 0 ª ~ ..¡¡ ~ CJ. () _ e " ~~ E ~ '" " ~ .. .~ ð' ~'S " "''£Ei:.s,s ",0. = ~ " " .- " ~ :(j 0 .~ 6b~ ~ ~ ª,,- ""eI - .g ,s £~ .~ Ei -=- o.C' .- ,s, '" i§' 'S " '" E·.... ""t:I - '" h 0; ~ Ei 1O» 0.'" '" ~~§~-t "~ø<: .¡¡J .- " ¡f] Iii §~ Bš e~ :> 0 .g " ~ .... í!j.ß C'.- 'c " ,,"" ~ æ .- '" ..!2 ..... '" " " ~ § CI1.!!..... '" ~ '" K " o .E æ~ ª -g .; ~'s ~.g .t::~ Ei ,VJ 0 = !: " ~ ~'¢ E "'" ~ " M~ .... . 8'- 0 e 13 :(j »"" o " " "If' en 11)"=''''' <) -f--% ~'" I~ <1)- ~ ·0 -~o '" " 8 ~ 4):= .... f"'! 8 >" fß i§'''" :u_ ] o ª .... .- >- '?& " '" " " '" .;" .c:<m .g ~'" .... 0 0. 0 '§ ~] '" '" 1/)~~VJgr _ ~ 8 >- ,,~,.. ¡¡j 8 ~.e '" .. . " £: ~ " 0 ~~]'E'8 '0 ORI ~iC) ~ :;;: ~ e 0..9 ...1 . ..:2 . . . .9! . . '" . ,1'j ~ .!! 0.. g> .~ .e 'æ ~ ~ ,g .. ,g> :¡ ~ .g i ~ .¡¡ È "" gf ~ .~ 8 ¡¡; ~ .; S' ~ ... ~ 'i§'.¡3 g¡ ~.8.c =83 Q.)'- .... ;gï:;!j -º ~ 0 O~Q. () =.... . .s.oo~ ~ bO § 1! ~.6 '::I bD .... "'C ~.... s';> g'; <.> 8 - c - 0.."0 i:'Ó <a.... c - ..cooS:¡ ~ """ EgH~ (I)..... = ¡::¡ § '" ... Z Q. g¡.¡3 - ~.£ !! § ""ê - t>ofj ~ ... ~ '=8 ~ B ~ 'a ... ~ o..l::'"Ó~ ~~] ¡¡ "".....c ~ B'~ ~ ""'.........00 oti'ª ¡¡ ¡:¡ Ofg''="''o;I:! -< ¡.... [[ bO » .¡j ~ ¡¡ g: .S 8 bO Q. &J ~ c o 5, ] .~ en Ci "" ~ -< ü""E¡¡j» .g,-!.g'E ..c ~ .-..1! ~ ã! _- V,) - = -iq~8"ê 8x,¡eü~ .S <a Q..~ "" ... ~ -""::¡ ~ V,) a Q,) rn .;j r.f. o"'C Cl. be) e '.;:.;> 0 BouE:~ ~~~Q.e¡ -;;'i3B""Z .j¡! -=.S ¡¡¡.E = .13 ã! x,¡" ~ [~~~B 8<'>6ì,.g:¡ Q. E·¡;;·¡;;..c ~'ª__ bO <.> <a<a"" ... ~ ~ '=8 c oS bO ~ .... VJ = 5 ~ C'ª ~ rn .c .¡,¡ 6ì, bO.¡3 E-< ~·¡;j.S·~ ..¿ ¡¡j ¡¡j.E ~ I .......... Of) >. NtiJ::j:'=CI:I "¡v.lCf._~tri O'.g.g~.¡3ci -< 8. 8. ~ ["., § È "" bO g: .S 8 ;g ~ ~ .S bO .~ .s ;§ £ ~ o e- o .13 ~ ~ ~ ~ 1! ª .. .~ ~ ~ = '.. .9 ~ ~ 'ë' .~ Q. " ~ ~ ~ r--: õ. ~ I 00 ..:a :'Lg ~ 0''3 ;> -<..c . c o ~ = 8 " ~ .= 1! 5- ~ .g bD ] .S 0 "8 .~ <.> oS bO "" .51 B~ ;g '3 ..c 8 ... æ ~ ] = ... .¡¡ s ~ ~ 0 » ¡¡ ~ ." 1! :> ... 8 ~ ... ê ... -g .¡¡j ... "" .;;: &: 3 .s . . . . ~ ~ .. ~ 1 ~ ¿- E I 8- .8 ]' :;¡ -g ~ ~ .5J ..9 ~ = ... .¡¡ s .,. » ~ ~ .. o '0 ~ -d ... g¡ ... ..c ~ ~ ~ š . ~ .~- ~ ~ Q,)"'O [g ~ ~ oS fã rn '§' = () "ª".8 Z3:ë o...g] ~V,¡U~ ..~o ~ ~ [..s e .~.s .....c § "" z.= Õ ¡¡'E' B!JcC -==c)~bDcn g o.9.g d !3 8 '': u" ~ = .~.~ "0 8 æ'~ 8.8 g g = o..!::::! () -..s''="'' ·~.s,,,·g .~£ [ ¡¡!:fð~[ .ã! ·=Z Z... OJ¡ ~ e ~ bD.~::J 0 Q.,!¡ ] .S .¡3 ~- 8' l!5, <1'õ=Q. .. ._ ,,-g = oS ... !:f.s~ s.g~.¡3 a-....I1).abò~ !J ¡¡ c.¡3 c·-.¡3 ~,,=",,«I.... () V, c 8 oi:! 0 s.c " .~ Q.·s ~ ~ ¡¡¡ ¡¡¡ ~ .~ .~ Q. Q.§ ~ g¡ "0 oS CL) en. .. 0 _.............CÙQ,)_.... ¡¡ 0 o,º.¡3:;:: "" . ''='''> = =!!:: ::¡: 11) CIJ ~.9.g.g g :l] ~ oS .ä g.ª .¡3 it š Q. ~<.>'ºo:;:§· " «.S ~ <.>;>. .~,¡: ... ¡¡ .12 g u-q ~~ ""ei h ~~ ~N rJ- ~'" =u '" >- .c:: < - I:: ~~ f!] ù :&Oi <:) ORIGINAL c: .!! ... '" ·ê .2 ~ :i c: ,g .. ~ :i ; .g .. :I .!! I >, ~ 00 ]8 .5 '" :os Co. ø:¡ ~ ¡;j Ë g. ~ " '" -Š .5 ,g .¡< ] ;B ~ 0. ~ ø " ~ õ. .1J ~ oö , .... .,¡ 0' < " o >, g' ~ .¡:: '" " ~ 1J 8 i~ " o >, ~ g' ] .~ 8 ø:: ~ ..... ø 0 B ~ š 00_ 8 8 -g .... 0.",0 = ~ ~ Ë ~ 0 ~ C>Q-8 0.<.>'" 8 '>'1<:; .- ;¡ 5 ~ e?'» .... 0 '" ø " 8 t ·È ..= ;g~:Ë ~!: "- = 0 en "'C -;:; a.~ £~ 5 8 ~ .g N 13 ~ -a.r'! Q) ÕÕ"' c::¡.,M = .; ~ ¡:: Q) ¡;o. t) '= gOO 1J " 0 '8'·",·s ~ c..g,- 0 II) "'C 0 = .... ~ ø OJ¡ .8 E-< 0 -8 = ...... a:. ,g '¡¡,Ii ¡.¡ I .... 0 0 .t::I f"L.e C+-! = ~ Ir¡ "0 0 ~ 0 0' ~ ¡a" u <::;1.905 . " o 0; -¡¡; ø " '" .g ] ~ B '" .¡:: 'g ~ 8 .... .s =. rJ} ~ .9 è (o:$:E ~] ~ ~ ~ !t :::.... ëa .Š ~ ri'.š .~ ] ~ .~ ~ l~~]] ';;"'0 C) ~ ~ r~ I ~ ~ 'þ:;¡"'8 .... § > 0"'0 .£ ..... 4) U -ã 'i ~ ~~'õ13'õ § ~ Ol) d .~ .", 8 .EI .g _ ~Ë ~ ~ ~ !E.E!~t§~ ~~ ð ~ ~ . . . ;§ ø " ~ ø 8 ,!¡ ~ <.> .~ Õ. ~ .~ ~ o ¡¿ < -š È '" ! .g ! 8 0. = o .- . 0;- oog .-.~ .~ e ~o. . . ... ~]'~ .~ .~ ë 2 B ~ :go.'gj-8ií-E "" " 0 0 a 0 ,,¡::<'>:;;i3~ oS . ~ '@ ..2 .~ >, 0.'" <.> ~- ~ Š -8 :¡ä .~ æ l]~.ã~-š 8¡¡::~~~"'O ~ -š .~ :e .~ ¡¡¡ 2'E-Š§~8 t: = 0 o.,g ¡¡ ...: ¡j .g õ ~'Ii ã g _.!!i = rJ} ''='''> g 'I::.~';:] 00 8 'ö' ~ 0; -8 .$ .; 0. ~ ....d..... c.> CI:I Q. ~::o ~ ~~~]~ø::~ rJ} 0 OJ) ~ rJ} ~ > .....¡:: 0 " O1., 8 c.S Q.. ~"I:.s 0 0.. ...... Q.,foooI""""'" Q.. Z3=~ goo«s c:lVo ·~oo šª.c~~·t~ " § - '" 8 0 > ø.] \C §.c ,¡:: e ö rn Ü 'VJ ~ c.. ¡;¡. '" ~.¡g " ~ 9.?JBE--=.c- '" ~ g,g ":¡ä ~ .= :> -¡;." ".....5 E-<?'rJ}::o:oSrnO ~ .!! g g" =~ i~ .§¡j C:N ~ Ox~ ~<J'I ..~~ >- .c: .., I-- ~~~ ê> cent:> ORIGINAL " !! .. '" " 'to {¡ " i! " ~ .. ~ ¡ ~ .g .. ~ .!! '" U'J ¡;;- Ili z o ¡::: u w UJ - W UJ Õ z È ·r I ~ ~ '0 " IE § » -c: " e. 8 e. " ,t:> ] '" E 13 e. ·S CJ' " .... ~ 8. -¡¡ '" " :a ~ 1! ·S i:'d Z = .. '= ... = r. - ., = .. u ;-d 00" - = ::(.¡;¡ .E ~.; ... 8 ";'0 Z ã = o » ,t:> '0 ·r ~ 6: ~ .~ '" u o " ';'~ ¡g e. .~~ .¿ -8§~ .;!¡ "i! ~ ;Su§ 'ti2- --~ _~ fo ¡g ..... ..... 0 > æ ] U-o t: .8] ã .š.t)~~ .. .£..c:_ ~\OrJ)ca ~ ~ 'ª 'ß ';¡;i Q,) \0 Q,) ~ ::: 9 11 C'I:I ~ ~ ~ i i'õ] ª' "d § CS ¡;;¡ § '; 0.. ~ £~ ~ ·s<~.š z oj CJ N Q,) ~ tC I > Q,) '" ").¡g ~ eV)~- E-4 z ~~ § » ,t:> 00 "i! :§ 8 Æ ~ ~ '<t Ili z o ¡::: u w UJ - UJ ... Õ UJ C Z c( >- C) o ... o w C) bÍ)~ ~ .§ 8 e; (1) 8:: Q) ~ .13 ~ -s '€ ooão~ &1 ;;.... ~ ~.g..e o ';> ~ ¡g "'_ ~ ~ 0 $ .~ 'a:¡;¡'S ¡;j ¡:¡~~S 8-:;;- ¡j ..... 0.. c.. ~b)=CI:I ~~.g Q,) ~ ~ f:s! 00 ,,~ 4-001)0........ o.§ 0" 8o~i3 ~.13 ~.S ~ .la 5~g u 0] Q,)~ .~ ~s§ii 'S - õ 19 fZJ c: = ~ 0 '" .¡:: CJ' ¡;¡.~ = ~ ~"E.. ~ .-sgp1! þf) ~ 0 ;::::¡ Q.) ,a ..!;e;'æI§ :I on d;¡, 0 «I ~g_u r.. (,,? _ õ ~ on § » ,t:> ." 00 " ~ 8 ~ ~ = o .S 9 ~ (1)"0..;::1 .~ .B u bO - t'::I cø .§ g] ª" ~ ~8~8B '" =.~ = .;::::¡ i:'d.~ "Oã 0 bO > > .... = "0..... .... Q,)ei:I~......~ ]s~~ª" ......,g 0 ~ 8 -;;; _ ~,t:> ... ::J -= -S - .~ CJ' 00 ~ 00'" t 'ÿ Q,).s·8 -s »- e." o 1:: õ ·Be. e. 1-<..e bJJ Cf} ê ~ ~ '§ ~ I.~ 0 i:'d.;::::¡ 'o:t'ÞO-~= ¡ij..9~oU:: r5 ~].š§ £! !! g ".. =!>J -.:::ii :ä~ ~~ t:N Ü Ox - ..1'", :~ .... >- .c:"_ L- .!:!b m ~ ::&<>; S ORIGINAL ~ œ ~ ~ '" ~ ~ o "" .. ~ ¡ ... ~ .'" .9 ] .51 ¡g ~ <OJ æ ~ ã;: 00 ~ ~ .. .S .~ 0.. I » § ~ :E '0 æ " > i!J e "" ¡,¡: ~ § J fJ " " § :< ~ ,,-S -5 " .~ .S ..9 ._ k " " . 0 'Q..';¡ .~ ~~ 3] $ ~ 00 ~ ~ l! ~ ~ Jj.~ ~ § ~ ê'1! çn= a ~- ¡;; '0 ~ ~ ~ ~ ãi fI1 ~ ¡¡S~ e .,. = ~ 00'0._ ~ ] .~ e ,g r.l'Jv.lv.I¡e ~'õ " "'0 Q).......6...... ~ ~ e '0 ~ " ;¡ õI ~.- .§ = '-' æ=õI:Sõl'OõI ~ :5 ._ '0 ~ ""æ~ ~ ~"8 ~ ~ ~£ § »00 e ~ ~ .- " ~ » t .CJ.S Q............. E -s~o ~ ~ ]~ e ,.g-g~ ucéa ~=ï1)-8 <OJ _ = - .2 " Ë',8 ~ "'0 8 ~';} ~ B ~ :-= Q.._ fI1 0.... æ 'ê ~:g "" Š '0 . ~ ~Ëiii§~e '0 ~ ".§> ~ ~ ;:> Jj , ..... ~ ~ " " " o Q) VJ"O 0 & §.~ ;¡§ ] -s ~._ ~".¡ " 9 .s~ª8~u~ " ~ 00"'0 ~. ~ ~ 2 =~'E.8g~8. .g b.O'~ VJ '0 ~ t:ï: ,c:: 01)_ ~ .=~ æ ..... .!!! u ° 'l~oo=:;;'O ~ .g ã!.¡j "" ~ [ ~ 'O§"" § ~ 0 ~ = 2 " .~ Jj ~ æ .§ ~~ca ~ ~.ª 0 00"" k B ~ ,.:g 0 ~ 0 "'0""'... ~ª~oo~.s 8 'ë: OQcS ~ v.I t) 0·.... £ ª 3 ~ '" » õI "'0 "'0..... ~;::::I ~ do) ,g ",-=-'0 = ~ " .= õI ~ ·C Q.) =. ~ "'0 0 ..§ C'; ~f æ »:ã " "" ~ Þ< > ~ :<'þ § ª * ~ E-- e~''''''::: " 00 ~ ~-¡¡ æ = = , 1:1:1 U ..§ :§ § ~ã!°-8-"'" j š.·1ä'æ~.g 1:i' ~.s 8- '0-" = i....o~ :08- ~ " '-' 00 . ;::::I ¢:: Q.. 0 0..- U) ] 8~.s~~~ ~ ~ .- " &~ ·13 is ~;.::: "i,g = e Jj~Jj " " 'O'~ ¡¡:"¡; " B .!! g ~ <.¡;;, 0 oS (I)"' ~:C§rnQ)~'~ '" " 8.g»:g·= ';;' g a ..." B ° " ""~ ~ 11) 'r;; = š >.... v.I =~ ".- " ..... ~ ~ (I) Q'J ~..... " .'" k " '-' : e ..... 5 "'t:I "0 ~ ~ .~ ~ > v.I";' C'; =-š .9 ° " " ° (I) "0 ~ 0"'0 v.I .... "0 'Þ8. 0"0 <Ceo ;E0'O ~..... ..... 1)0'=-= c.. = ~ " e " = -= '0 -= e·~ § ~ .. h _ ° ° Q.) 4:: = .... "'0 C) ~ 8. 1::'1 o·~" ° .~ .g '0 ° . r.r ~ .~ ~ 0 11) 0 CIJ c o ..... 0.0"0 EU ~.E-~ ,.s::::;'::::: ~..ê 0 ¢:: ~ (1) ~. t) OÐ.6 .9 0 ,,\I :i ~ g ~ u iË ~ ..s CI').... r.I'J~._;.::::: :s ~" Ë·= ~ Ei '§ ~N '" .. gr.I'JB ...... ~ Ii .'- = '" '" " '-'~ . ,Q = 0 1) Po< '!ã ~ £ > 0~'O." ~!<'ò .!! I,fj...... OJ'S ~-s &1'~ " '" " ~ ¡¡:" ã! £00 :=c..Q '" ~~~.~ ~ ';j 0 V) ~ > ¡; ~ 8 ß.§ ~ ~c .t)~ ,¡j . . . ct jê ~ . . - " ';;1:) ORIGIN~L ._._._~-_.-..... -~"._-~_.--~_._-- '" œ '" '" .'" 2 'i: i1 '" ~ '" ~ ¡ ~ .g '" ~ .!!! '" ~ £' oo ] 'i ~ s: ~ - on iii z o ¡:: u w !!!.. UI w U 0:: ::;) o UI w 0:: oJ ! i5. ª" ¡¡ . '8'lJ <=><:I: -Š~ _::E .~ -Š ~~ .S" ~~ OO'E! '" 0 .... " o " " '" " " S';; ~.£ :: .~ ~ ~ ,s š '8. .9 go ~ 5 Ø3 " 'C;' .... ø..-8 .. ~ . '" ~ ~;>-. .. "J [ "ÿ 111_ ~ =:ëa ~ =.;] g '"' oD '0 ~ ~ .~ ~ ¡;; '" " o .~ ~ .J:! " ,,~ !:! ,. -= " ~"'d 1:: 8~] -.b!ä8ø,,'O.§û "'~~u~ " - "!:! ... .~ Q.) t:.....::I: o"'d"'d ,s £ g.~ 'S ~ ª Q~~ ~s"d ~ .~ ø" ",] ~ å '8 ",-U .a:¡¡¡ Š " ~~:I:~.F;-=,,~ c::a.ø. ,.;::.Iiv.l¡¡:::_ oo '" .S g'~ ¡§' .S :¡¡¡ ~ g.'g ~..;; "i.s ~ ~r.f.I.o 6b.~ ......" .- '" ,",.~!ä ~ ~] 'õ_Ur/')"Q"'Ó: <=><""ë,..,,, 1:: 8,s,s "'.=0 " 5 8 0 I-< OJ.) Þ< '§" ¡:¡ _ .......s: ,C.s 0.. v.I~Q.¡ ;&¡.... rn~u rn (.)~ Q.) .;; ~:I: ~ § .... ,s .si:!a:lv.lbl)o'õ o~:;~.ElaQ.) ~8.0e~Š] 'C e,s 8 oo <=>< <=>< ø" <=>< 'õ !ä !:! § " . Õ 1I.:!"'d v.I = .S bö N () ¡:;.... 11) (I) .... S ~ 'O'.g ~ ~ E ~.~ I/) ~:a ~..g ~ ~ 0 =: " ë...,.~ !:! " = =,s 8 g iih<=><8.a ~ . £ ~.~ b()- ~ .S 8.s ~ "'C"t:Iv.:Io Ci £.~ >< OQ o.~ 0 B =.~ = 'r;;"'8 õ.g 08"'.... ~ "0 ~!.g ~ 'C _ !,¡.:¡; <=><0;;; E ~ 1!'ª¡a§ Ü>.ot:= ::s ~ (.) Q.) "'CJ............= = = 0.... gcn....() ] ~ ~.~ = .0£ ;¡~,so8 ~ " 0 >,,"0......9 01< 1-1.... ~..s:·8 5 ~.F; <=>< 8 =,.:.Ij VJ 0.. o () >. 0 '.::::I> CI:I Õ 0'.0 "0 > ",,0 " t::!C'aC""'l"O §.s !ä £ 1I-=,s13 I!:: ¡,! !:!.g, ø.æo.o ..( 1t 8 ¡¡¡ . " " '0 >< .a ] .!j g'~ ~.~ §:~ "'~ ~ ~ 8'S ...,13 -=5 ¡;j ~ " 0 .... " o '"' goD .", '0 "'08 ~'õ ~ ~ " " ]:: o .~ ~ £ '8 'fi o'~ ::Ei £ ~ o 'C <=>< Þ .~ o . g;¡a o.g g >< .~ 0 i;í"" g] ~~ ~ß .~ <.¡..¡ ¡j 0 " ~ ~~ ~ 'ª .~ ~" ....§ ~§ o ~ '~:.a .goo .- § õ e Zoo . ;;¡ £ o.i ~ f,l'JO:;: ~ 8'§s 8 e~;! ~ 0"d 8,...2 ~ S.()C'a~O ~~~'B~ " <=><1 " 8 e.~-8~ .. ~ " ¡¡! :.s:;;¡ g GJo_,i:::jo oS V,I"; v.I_ . 'r::' 0"= = ~ ~ ::I".d !;I'J 0 Q.)_ '0 ¡j ¡r'g ~ ¡;¡ ~~~ 5 ÞOª~ E.." " ><. " ~ <Ct;..æ Q) c=a.. ~~¡s~j~ oD8.s g ~ ~ ~ ~~ ] " ¡¡ ~ 1;) ¡:¡ 'ª -Þ<.....Q.>:::.= ";;;t cøo o;t, .d<s~-gpV} V) ._ ~~ 0 c..~ ~:¡;¡"';:- o-~"O.s ._ l:I.g ~ 01::' '- ~ ~ t:i; ~ ::5= 0 ~ ~ ~ ~ Q.~ig. ~ c.. u..9 0 IîlB~ca Ci5 . . ... ~ >- ~ £ .. ~ .~ S '2 ~ ã "" ~ "" ¡ ] ~~" u >..0 ~ .S Q,} 0 Co) ....,s-" ::::;¡.........o ..s _ 0 .. ..... .'¡:: ~ o ;< c....... ... <.S: "'C ~ " ''is. ~:Q~cn ~"'" ~] :a ~.S g ~.t:IQ,}e ,s ¡¡:: '" 'Ii =:¡; .... "",~ ê :> >. ';I a e¡ " ~ o ",,s 0 Ë .9 ..¿ .,- 00] e¡ ~ æ c.. ~ cS ] ~8] .¡¡: ..... ~ 0 ~~.~ " 00 " " e¡ 1:.o,s = 13) _ 0 ~ .2:"';1-<0 8 -5J 0 B .,-~¡!e¡-g (1) ..... ..... ::I c.. ¡::¡"«I~CI:Q. 's. ~ 0 .§ § ~158~E . "" os f .ª È c£ 8 ~o"'O:.= ::I ..e.oBo "'C " .S !ê .§ ,s : ~ ,9c::::s.cc::o.ou)'_ .S .~ \¡j 8's a ] ",,~,s,,]t11! "> r.n CI}.c co 1 Q,} -, ~- e¡-¡;¡- 0" 3 -¡;¡ ·-.S >~rn.cS~CI: .8 co ~ v.I._ c.. ~ í'J~S§~:3 or=:'~ 8..s g¡ ~ ~.9: =..s o;I.! ~ 0"0.....0 c c;;;;; c.. = ~ ,¡:::.;;¡ 0 't:I ~~8o~¡(j§ ,g ~ "'.8 -= e¡_ :i ~"i0~g~~ o -= ~ .''''-- _ 00 3 - ~ ¡¡"" ~_og a.;:s o ~ ~.~ r.I = ü '§' ca [.; ~ ~ ~ "'.>! " § ¡¡ 8 o d,) 00 oS .... ..... ..... u.s 0 I-< .~ e ~ vf'õ]. § 0 B ..... oS ::c o .- .s = .c..... CI:I "E.. Õ ..... os i o.~ c..ï s=o !;:iQõ"t o~s.£·""oc..c'õI _ c 0 c..r;:t.... l1:I c.. ." O..d S ;;.g; "'" s «.; u w,,,,, O",.¡;;¡ 0..... . -"'_._.'0' _ ,.___~ .~_.__,.______"___.. __.._._____. ~ .g .. ~ .!! .. ,¡'¡ "" .s i "" " II .S 's 'õg "" " " - 00'- 8.~ .~ ,g "" s ~.g ]] 00 > o 0 .;; S ¡(j e¡ "E....2:;>goj ]¡¡¡-¡;¡ - ],.~ ~e¡¡;¡ os"" .... ~§~ ~~~ "" " 0 g.s ;< ~-f9..e -"- <!8;.;;¡ . È "" ] .¡ 8 ¡;: ~ ~ ,s 'Ii » Õ" " S ,g 8 .... - ..9] .~ ~ !t.>! ""õ" .S ª' ]t """ CI:I'~ "'"", 00" 8 oS ,§ ~ ~ 0" êi3 -..... V,';j.~ ~ .~ ~'ª ! oS, t') ~ o\O~ -.,., "CI 1-<......... .!= ·8».9 ~ ø..; '£ e- è . § "" ~ ~ 'f<'~ .. iii 8 0 ClI ca::: c:l.;::: ~ =:I ª,..9 is I coj...z:. . ~ >. 'g § EI .0 ".- .o]:g¡g ~t)o5 -=-Ei =ogto ~o'2-;::: C'tIOO- 1;! ~.s·~ ~= ~ g '':=~'':="'='" ~ rIJ'> e =!3"':=Q. .... rIJ 0 >. OQ.)C'tI,.o Q." ""'1< f! ~.s ~ o ~] ~ ,sf!",,!3' bIJ.... o.~ .s..s ~ >. .g ~~ ·8 3 "" "'= " -" ~ rIJ .~ Õ Q. "'C bIJ Q. 8"..9 .~J~ ~ blJC'tI.9= ~ Q..... '::¡~a:I rIJ ~t""t;; ".0] 1:1 ""S!;:i B B·... ~ .¡;; ",~.", ;= ~ C'" ~ . ^ c4>t:;t o,g·- " ',;:1 bIJ,,=,,, o =E.sa 8 = ".S! '" ....J::I=,.o~ O~_....o - 6 rIJ 0- e-0~~ª " ¡¡ ~ f! e¡ ,g --=:'''' ] os grt~!E~ '§ 'ª § ~ ] "'C B ~ C'" ð 8 go- C'tI e ,,!!J;!Èe ""8]2 ~ i.,.,·§ ~ o .o's 13 s .;~~~- ,,~~'O~ rIJ=8 -.;¡ ~~,,!!ðt; ~ ~ Q.]: 8 .~ OI)~ bIJ bIJ ".S ¡g ~'§ .~ ] ~ ~ '%18 - OI)ç- í'J "._ ~ 00 8'''' > = " ;= ~r~ ~~ . co ~ .!! g "." ~~ -.:~ h EO " .!! .. g> ." ,¡¡ .¡; ~ ¡¡ '" .. '" '" ¡ '" '" '" È ~ ~ '0 ~ ~ "" "" ., " " > .~ 8 .~ 8 8 ~ "" "" " ¡¡; ~ iš ~ " ¡¡; 0 ¡¡; 0 Mj .8 .... " 'ª ì:' "" B - 0 i -8 '§ '0_ _0 "=0 ] ,," "'S '~§""§~ã ,g ~ ]~- " ~ ~.'" - ~ ~.- "'0 c..v.I~ ¡:t: " 0 ~"E c..._ 0.... "" " § ~ o bI) ~ . do) § ~ 'S ¡;. í!j.8 .... do) IE 1:::' ...... 53 0 tf:I en " '~fE ~.53' ~-Š - ~ go ~.2 ~ 0.;300;0 ~ '0 0 ] 'E [.:: ~~ ~ "" "= "O"'Ct::o .5 § ~ .~ ~ 1 ~ ~ .5 0 ¡¡¡ iš 8.'~ § '0>0:= 5"" C,) ='::-ë; E V, 1 f¡] --g'B 0 [; -~O£v.! V, ~or.¡]~,gj uo·.;:Ii:I:I....eca " 0 .5 Ë ~-¡¡ """" CJ·- 0 '5:' -'i' .... ~.... ~.9 ~- .5 ~ Ë]·... "!' " .s '¡;J .!2 "'§ 8 "" - ~ ~ ¡g 01;; 8 ",-'O~ ¡¡¡" ~ ~ ~ ~ 0 bO en .8M¡g~::;::ð¡¡ "i5;¡o'O ï' to- ..... o.~.!!:1 ca d) 0 . (I,),.c -š ~ '0 ~ c;, ] §-§ II'i 1;;] ~c;.9'~ ~ u·.... Q) U "'C v.! B......c .... z '¡;¡' 8 ,g ~·s·'" ] ~ 'ª ,1;1 § ¡¡¡ "" oj á! ~ ] ~.~ & 0 ~. 0 ¡;j.g § 1:: """ '" " ·2 .s"" ~ vi CI} oS ,¡¡: bO (1)"" <I) '"0 ¡:: ~£ ':3'138",,'0 ~ ._:= M ~ ¡;¡ .g -g~~e'Og~ . "O~.9g _ u 0,g ~.5·;: .~ .8 .s g š -;: .53' ] -¡¡ ~ - "" ~ ,..::'¡:: w ~1§ 8 .~ .", g 8 53 ('f) c.. ...... c.. III .. ' "" :¿äd)=,S.8;:.. > . '" ~ oj '" '" 8 - "".s - ~ ~ =Ø': .......~-c.. CJ ~ -¡¡.-.8 -g""o5Oog~ ~ § .;; § ~ !à' III oj - .-:= ~"'i' = V,...... u 8 w . " ""'" - f¡ ""'" -@.ëE~2 ..s v.J 0 b() = ~ ~~!~~~ J u ;@'O~ ObOSQ)O .8 0: ~.", ". ,g CJ'O ~ ~ d...... d,) 11) en ';:'¡;¡']- "";¡ d)_,,= 1::::::- . ::J ¡¡~;,g~i:! 'ª ~~~.g~iì,' V,'¡jC'lSb()caS 0 """""" :=~~cuo;.gë ""'" '" "" ~ § "" ".g ..: III B.58 ..>....~"" .j i ""o¡¡¡ :3 ¡:¡ """,,g] ~~ .iš·~ -.8'~ ~ E ~ w -"" .s 5] - ""0= 0: i5~"" 1J~.8~~ ..... ì:' '" fl§M"'§_,@þ ..J ~ æ ·2 ~:EB£¡¡¡ -~!)d)§.c¡::r å~ ;:¡ . - >.- "011) ~ ~ ~ ~ e ~ ~.~ ~ ., ogg ~v.!S-0Õd,,)] " M '$ ~ ~""ß·ëñ.... r!-''''' u 5 = ~ 8] .... 'S ::J ''0 ... -" ."'i' o.~ ê -e .g " 0 ooB:t~2~E- I- " ...~o arlØ:üg~ I/)~CJ'O¡g .. i2 £'~ g. ¡ß '.;:I ~ u "E ..J ., .,¡ ""Ei ~ 0 &'8'§ ~d)]~8~ð >- ~ .... u ~ u''''' ~ ~e" ~~d,)i:I:I_o;Q ::J .. u'ª~"" .- ~ U =- u ",,05 ~ . ~ ~-,._-_.-.~--" ._-_.~-~----- --- _. ___.___~"__'m ___,_'''____n___ _ ~ .!J! Q. g> .~ .e .~ ~ .ª j ... ¡ ~ ~ i .!! OJ ~ » ,Q '" !i e ~ " o ~.g t~.š B ~ ~ t::~ '" '~.8 - e 8. " iä_·§f-<:s!,;!!.2 .Q.!.!, "",; ¡¡:: !ä f- ·i ~'g í! ~ ~ i,; "'d ~ u .= Cd = u ~ '-. ~ ~ ~ ~ gj, ~ .Q :3 ~ ""g ~o :.8·ä~ co.~"'j.q.~f-<.;:; !! ~ ~ š g ~ §. Þ!='~ ~ =.... ¡¡'=,s e s ~..2 ~ 0 ¡;;;, 8 Q,¡.... 'i:d 0 Z .;¡ " f....... 9 g. ~ ~ = 0 <;; .g 0 1:: ~ ¡¡"ë g ¡:: '60,.2 ¡:;. 8.-š '" ,Q õI 0 Sø. 8~o£=ø. w oS = ecVJ= en =: 0 r.n II) iU ð"'¡:: VJ 0 _ ~ § ~.S:; ~ [¡§ ~ ~ ~ co.;3"co.-g] iä ª,i-ê' 0 Þ t) !!'~::I 6 ._" ~ .g, ~ ø. e .: 0 ª U'() :. -g e :¡;; '3 .ª õI ... 9 -š:;¡ - .. Q.~~.s~~=o·~ w g .8 '" <;; .~ <;; ¡¡'.2 -'ë > '1:1 E- ~.;o ~ '6ÎJ "'d t) i 5:! '()o~o~~~s ::ï .. 'T>õ;3Š..-g·ëa - g, t--8=VJQ:.o - Qð ,,¡ " 0 e¡ 0 ""'" " :I! " ~ iU ().... ell <¡I'J _ «I ~u=õl1!õI¡ßð"e - .. C'\I c::... Cd Q."Ó ~ .D 0. 0 ~ gf È ·c '" ~ ~ .s e i~ §~~ ,geEJ Q.õg fà"- .~ _ .. e g&co. '8'] § co.", ¡¡¡, " iä e ,s_co. - ~ ~ f1o_ .¡:; ,s ¡.... E: ""IX &.~~ bO ec '¡:r; .s co. 0 '" -- '3~;§ ,Q "" " 'S ê ¡:: .. ,,- .. ,,~..: ~ S - " ¡¡ 3 f-< " r/) IX: e t) .~ (1) §'.~ ",s - e .sc!1:ø. 0'- tI) 0 -~"',s ~ tG ca 1-; 'c'~'g~ ¡:t...... 1U"'d . t: '" " ~ Cd.... ¡.¡::: I Q.¡ ~.... I.C-~d ~õI.." E-~.s:g " o ] oo-g !::; 0 IX IX '" ., .. ]~ "'~ ...... o 0 IX~ ., " ~» .- .. ~ ~ " ~~~ ""i! § iä '3 ,..E:-¡' 0" O!'''' !! ~]a .s " iä"§ ....~~ o oo.~ cr---'9 0-" .", IX õI "", " g "".2 ía·S = o g; " " '" ~ ~.§~ . ] !i 'C Q "" .s §Oô ~!::; ....IX 0", ~~ ~ § bO,¡:: " " : § is 0 .¡;¡ ~ > "" ~] .- O! 1!~ ~ " .,.- ~ iä !ä "" bQ·Ë .§ 2 " - :g¡a ~ g - - " " ~~ ~~ Eoo ~!::; õI~ g", p;¡:;¡ s " p.2 <:it) 'Ê § g 8 .s~ s] -gO!", 1!~iä ".s ._ lí!ä'g 2 ~'g. 'ê " e¡ " >- "'·c" ~ Q § IXO~ ",;@ .~ !ä..-g ];fo¡;¡ ." " >00 -- . . C) ... ] ~~ '" .ê " g, o !! ¡:¡- ~ " ~§ ~ g¡ ]'g' OOo¡;¡ t- " - 0 IX- "'= :;¡ " ~ ~ gj,S:: !ä';: i:1 .. ,,~ -s "" ;...:E 0_ "ï! .g ~ .ê:I: ¡a] 8:;;: Š .!! g u.. =~ ~~ §[j ~N ~ M a~ .. u ~-9", !< '1'\ :>- uf!: - I- ~';"; m _ IIIII:VJ ,....SQ () ORIGINAL . 0:: .!! .. ~ '0:: 2 1:: :§1 0:: o '" .. ,go :¡¡ ~ .g .. :1i .!! '" ~ "" ;>, "" £ "" .§ '" .§ '" " ¡¡ " ~ > 8 8 .S '60 ~ i ~ " &J " 0 0 § .~ ~ - " ê:š t) ~ .~ 8 ~S" ".- ~.§ E3'~ '" "" t: .¡: II'" " 0.1:1", ",,- .. 9 '" 0 . g- "'d-õ 'S~'" "".s~ 'õ~(i;' "... - u<nt: ¡¡¡,,- =~~ "'''., .~ 0 >. .š .~ .c 8 fg S ~ ~ 'C " 0 "",9" N ~8 ,c~~ ~~¿ ] 1 € g g o ]' "" .~ '" ] .Ë ö ~ .~ - = ø=:: ô 8 ~ ¡¡¡ '" ¡¡¡:ø s ,,§ " > ~ 'c,g '" 0,9 ! .~ ~ ~ '" ::;: g ~ 01;\ ~ 0 ci5 .S ~ "'0 ¡g :iiJ ::;: ¡¡¡ a ~. æ ~ §~ ¡.§ ·C C" '" ~ '" 1: 6 g -s'" '" '" " " ~~ " '" "'-¡¡¡ o u - 0 ,ªö .s, ~ ]- ""s ._ a :;0:: .~ ].£ ~ .s § " ',g VI ~-s s _" * c.::: 0 ;>, '" '" '" "," ¡¡¡:5"" oo11ª ...."'- - " s ~.§a . ~ .a '¡;j.£ "'''u '+.004) ¡¡¡-;;,9 ~,90 "',9 - "'.",'" CI;I~ß "",." ,9"", ~ ~.c l3..... :I .~ g '" II~] 0."'- ",'¡;j o.Q1$"= .9" '" "'88 'S"c: "">",, ~ 8 8 0"'", 8.13 " s-~ ¡:¡'¡;j '" VJ.....a .~ ~ (I) J! :d <å '¡;J 0 :> > 0'''' ö 8 -cu1=<ø. ~'3 g.", ·C " = '" ",,'¡;j',,'" . ;'.9 ¡¡¡ ~ .......... ~.s ~ ~ ~]r~ ~ ~ ;>, "" ·r 1 is: ~ § '" >.ª Z3 ¡¡¡-;;;-"'¡¡¡ .S .~ § "E. Š ¡¡ 8..j'j.J:! @ ~':1¡j~.c ~~~~8 _~:S>"C g.~ ~.~ ~ - ~ VJ ~ 0 '¡;j 11·- :;¡ -53 0 (I) .. ",,9 ~ ~ ~ ».... - -ª 's. ¡¡ ~ j o..C'!:I_= C) ~ cu 0 E .¡: "t:I = = a ~.§·3~ã ,,'¡;j g ·C :>.- ~..= bb ';: ~ () g < CUC1»r.f.~ >8c:::i'>.o .S 8 0 cu...... ~ o'¡:: ~ = ~ .~ ~:g cu ~ :: 0 cu.5 á = ='ild"'Cø. o 0'- - " ~ IiJ ~ = . bOQ ~ "-8 '" ~ ;¡ ¡:;'f;] ä i3'¡¡-¡j u . e VJ >..c j ¡ ¡¡ ª'~ ~ ~ ~ ¡:¡::.S' § ] ~ ~ _ = Q., C. VJ;'::::: C1) co æ .!! g "." ~~ <tel h .§~ O::N '" 'ò'" ~ ¿< ¡ >- oCt to- .~. ¡:; :I' ORIGINAL " £ 0> 'ê s .¡; ~ " o .. ~ .. ¡ ~ .g i t £ '0 bI) ~ .S 8 ;g 8: ~ « " o ]"3 t:a~ 8 § :>- ~ - <.>" ; = æ " " u>ã " e¡.~ .0 ø.~ ::æ-8.s::: ,.ccaa Cf.I·c Q.) . ~ B ~ ~ ] ~~'[ § Q.) CD rI) o ~·ã Ê ~." á!", ::: .... ¡:).,~ "¡;j ~ 8..!. ... Q.)'- C'I:S "oS 8'û .g 0 0 8. 0.... cJ: v.I " 0 '" :>- -s; bÔ~.o " .S.~ '0 o (J"¡;;¡ Q.) us::l°ï5.. bO~ > ::I -2 oô] g 8·53 _ >. .gg5;;¡ N C'd e".+;:: -b ~ .~ ~ ~.~ :¡¡ 8. .... ~ " o ~ .J! g 8" t!~ ~ei "g¡ :liu {iy @N ~ 'ò 1IIi'õ> o "¡F-o-1"\ >- I'OU- ..,<m ~ .!/~G' ORI L AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 8th day of September, 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4270 ,passed by the Bakersfield City Council at a meeting held on the 7th day of September. 2005 and entitled: AN ORDINANCE AMENDING SECTION 17.06.020 (ZONING MAP 104-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN OPEN SPACE (OPEN SPACE) TO R-1 (ONE FAMILY DWELLING) ON 2.7 ACRES GENERALLY LOCATED BETWEEN STATE ROUTES 178 AND 184, EAST OF VINELAND ROAD AND DENYI NG THE APPEAL (ZC NO. 03-1188) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield ) By ~~~. DEPU YCi CI rk - S:\DOCU MENTlFORMSIAOP ,ORD. wpd