Loading...
HomeMy WebLinkAboutRES NO 225-05 RESOLUTION NO. '2 2 5 - 0 5 RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO. 04-0057, AN AMENDMENT TO THE LAND USE AND CIRCULATION ELEMENTS OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE SOUTHWEST CORNER OF PANAMA LANE AND GOSFORD ROAD. (WARD 5 and 6). WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on TUESDAY. JULY 5. 2005 and THURSDAY, JULY 7, 2005 on General Plan Amendment No. 04-0057 of the proposed amendment to the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in The Bakersfie/d Californian, a local newspaper of general circulation; and WHEREAS, a notice of hearing was sent to property owners within 300 feet surrounding the project site pursuant to the Government Code; and WHEREAS, QUAD KNOPF, INC., for Panama Gosford Partners, LLC, made application for a general plan amendment for property located at the southwest corner of Panama Lane and Gosford Road, as shown in attached Exhibit "A," to allow development of approximately 300 acres, more specifically stated as follows: General Plan Amendment No. 04-0057: A request to amend the Land Use Element of the Metropolitan Bakersfield General Plan from R-IA (Resource-Intensive Agriculture) and SI (Service Industrial) to MC (Major Commercial) on 57.28 acres, GC (General Commercial) on 10 acres, LI (Light Industrial) on 19.98 acres, LR on 147.55 acres, LMR (Low Medium Density Residential) on 28.81 acres, and HMR (High Medium Density Residential) on 36.02 acres. A request to amend the Circulation Element of the Metropolitan Bakersfield General Plan consisting of changes to the Circulation map to change the designation of Progress Road between Panama Lane to McCutchen Road from a Collector roadway to a local street; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project could have a significant effect on the environment and, therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the applicant for the property owner has indicated the purpose of the request is to develop urban uses within the City of Bakersfield; and WHEREAS, the project site lies within a path of development with approved urban development projects in progress; and WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors when consid~~$1 projects that propose to convert designated agricultural land to non-agricultural uses; and a ~ >- - .... m _ T- o r:;, ORIGINAL ~.._,__.__,... w.__.__~__·___·_ .,----..~-_._..-_.- WHEREAS, the Planning Commission has evaluated the ten (1 0) factors provided under Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan Bakersfield General Plan and finds the following: 1) Soil Qualitv Finding - "Approval and implementation of the land use change will result in a loss of approximately 300 total acres of soil capability Class I irrigated agricultural land, and this loss is considered insignificant." "It is assumed that future development in the City would continue to include "prime" agricultural soils that exist on the Valley floor. Page 11-4 of the Metropolitan Bakersfield General Plan states: ".... development of urban Bakersfield will be focused in ten new mixed use activity centers, in the southwest (location of the subject property), northwest, and northeast.. .the southwest center is warranted due to its growth potential and its related impacts, impact on prime agricultural lands, and potential to impact the Kem River corridor." 2) Availability of irriqation water Finding - "The project site is located in the Kern County Water Agency District. Groundwater is in the unconfined aquifer at approximately 160 feet below the surface. Agricultural irrigation water is currently available through two on-site agricultural water wells. In 1999-2000, the site received irrigation water from the Kern Delta Water District, but ceased in 2001. There is adequate water supply to maintain crops common to the southwest Bakersfield area. It is not unique for farmland in southwest Bakersfield to have an adequate supply of irrigation water." Therefore, the conversion subject property to urbanization is appropriate for the area, and has an insignificant impact on the availability of water for other uses. 3) Proximitv to non-aqricultural uses Finding - The property is already in close proximity to non-agricultural uses, which have encroached upon the site. An existing residential area occurs northeast of the project site. A future residential arAa is currently being graded to the northwest of the project site. To the direct north is undeveloped land designated by the Metropolitan Bakersfield General Plan as Service Industrial. The area at the northwest corner of the project site is currently an industrial use. A wastewater treatment facility is located to the southeast of the project site. Directly to the south, a concrete company occupies approximately 40 percent of the frontage of the site. Approximately 25 percent of the abutting properties are designated as uses other than agricultural. Therefore, the level of significance of any impacts is considered minimal due to existing restrictions and limitations placed on adjacent agricultural uses because of the existing nearby residential and industrial developments. With respect to cumulative growth-inducing impacts, the Farmland Conversion Study for the project identifies the potential conversion of approximately 300 acres of farmland. It is not anticipated that this proposed subject property will significantly impact additional lands to convert to urban uses as those adjacent properties to the east. The subject property is significantly and unavoidably affected by the close proximity of urbanized areas. Farming practices are restricted as to the manner of application and type of chemicals, pesticides, and herbicides that can be utilized in the vicinity of these urbanized areas. The subject property, as well as others in the area, are the next logical step for urbanization in t~K$. ~ 1'<1' "" >- - '::: ~ 2 0 r:;, ORIGINAL area due to existing and pending development surrounding the property and the significant future impacts to the crop production. 4) Proximitv to intensive parcelization Finding - Substantial residential and commercial development exists beyond the north and northeast corner of the project site. A future residential development is currently being graded beyond the northwest corner of the project site. 5) Effect on properties subiect to 'Williamson Act" land use contracts Finding - "A secondary impact occurs from urban encroachment to adjacent lands remaining in agricultural production. Conflicts arise from the infringement of the new residential users, which include people and domesticated animals, into the area. Development of this project could impact nearby growers, however, the level of significance of any impact is considered minimal due to existing restrictions and limitations placed on the grower, along with the proximity of existing and future residential developments nearby. The conversion of this property from agricultural use to residential use will not create cumulative or growth-inducing impacts to other nearby farmlands as evidenced by the current land use designations of those properties as indicated on the Bakersfield Metropolitan General Plan. Although the agricultural lands nearby are currently producing agricultural crops, urban land use designation provides the evidence that urbanization is already planned for the general area. 6) Abilitv to be provided with urban services (sewer, water, roads, etc.) Finding - The subject property is adjacent to existing residential development within the City limits, a water "will serve" letter has been provided for development of the project site. Therefore, the conversion of the project site to urbanization is appropriate for the area. 7) Abilitv to affect the application of aaricultural chemicals on nearbv aaricultural properties Finding - "A secondary impact occurs from urban encroachment to adjacent lands remaining in agricultural production. Conflicts arise from the infringement of the new residential users, which include people and animals, into the area. Development of this project could impact nearby growers, however the level of significance of any impact is considered minimal due to existing restrictions and limitations placed on the grower. "In an attempt to reduce complaints and unwarranted investigations undertaken by the Kern County Department of Agriculture, the following disclosure is suggested to be provided as part of the transfer of properties: "If your real property is adjacent to property used for agricultural operations, you may be subject to inr.onveniences or discomforts arising from such operations on any 24- hour basis. Said discomforts may include, but shall not be limited to equipment noise, odors from manure and other chemicals, and dust or smoke. It has been determined that in Kern County the use of real property for agricultural operations is a high priority and a favored use to the County of Kern and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations if such operations are consistent with accepted customs, standards, and laws." 8) Abilitv to create a precedent-settina situation that leads to the premature conversion of prir¡;JiI\K¿:--» aariculturallands 0 <!;, >- - ':: J!] o r:;, ORIGINAL 3 Finding - "The subject property is already in close proximity to non-agricultural uses, which have encroached upon the site. Therefore, the level of significance of any impacts is considered minimal due to existing restrictions and limitations placed on the growers because of the existing nearby residential developments. With respect to cumulative growth-inducing impacts, the farmland conversion report identifies the potential conversion of approximately 300 acres of farmland. It is not anticipated that this proposed subject property will significantly impact additional lands to convert to urban uses as those adjacent propertie5 to the north and northwest." 9) Demonstrated proiect need Finding - "The General Plan concludes that conversion of prime agricultural lands to urban uses will result in a reduction of the regional agricultural economy and is considered to be a significant adverse impact. A statement of overriding considerations for this impact is recommended for adoption by the City project approvals. The General Plan currently designates the subject property as R-IA (Resource-Intensive Agricultural). As defined by the California Land Conservation Act, this project would convert 300 gross acres of Prime Farmland. The proposed amendment to the General Plan would convert the intended use of the subject property from agriculture to urban and develop residential uses." The proposal is a logical expansion of residential development in the southerly portion of the City of Bakersfield. The project site is adjacent to existing and future residential uses. The Bakersfield Metropolitan General Plan encourages the orderly outward expansion of new urban development that maintains continuity of existing development and allows incremental expansion of infrastructure and public services. The proposal complies with the General Plan's criteria. 10) Necessitv of buffers such as lower densities, setbacks, etc. Finding - If residentiai developments do not include buffer zones in their design, adjacent to agricultural fields, growers must sometimes allocate a portion of their land to the creation of a buffer zone. As an example, growers might be required to refrain from spraying or harvesting the outside rows of their crops. In those cases, buffer zones represent a loss to the farmer of both crop production and income. However, with commercial development, a buffer zone may include a parking lot or landscape area. Farmers can utilize their entire site for crop production if the adjacent development is commercial or industrial in nature as these types of uses are not considered to be sensitive receptors. Boundaries and buffer zones are also required for organic farms. Boundaries of land for certified organic farms must be clearly marked by permanent physical objects (i.e., roads, fences, streams, etc.). Buffer zones are sometimes needed to protect certified crops from contamination. Given the widespread use of toxic pollutants, preventative measures to stop the contaminating of crops from sources beyond the grower's control may not always be possible. Buffer zones can consist of a road, canal, walls. easements, setbacks, etc. The future residential development of this subject property is not proposing the creation of a buffer zone as the proposed development is intended to be similar to the adjacent subdivision on the north and east. The agricultural lands to the west and south will be physically separated by the construction of a 90' wide collector road, landscaping adjacent to the roads, along with a solid wall or builder fence helps to create a buffer from the agricultural activities. '< >õAK"-9 Q <P >- ':!: I-- m _ T- o C) 4 ORIGINAL WHEREAS, the requested cancellation covers approximately 300 acres in the east half of Section 29, Township 30 South, Range 27 East, Mount Diablo Meridian, in the unincorporated area of the County of Kern, State of California, and WHEREAS, the project site contains approximately 300 acres; and WHEREAS, adjacent urban development projects as well as local government agency efforts have extended or will extend supporting utilities and infrastructure adjacent to the property; and WHEREAS, the cancellation is for land on which a notice of nonrenewal has been served pursuant to Section 51245 of the Government Code; said notice was recorded on October 13, 2000, as Document No. 0200128435 in the Office of the Kern County Recorder; and WHEREAS, the cancellation is not likely to result in the removal of adjacent contracted lands from agricultural use, since there is no evidence in the record to suggest that this project will be precedent setting, and no comments were received to indicate there might be other lands removed; and WHEREAS, there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted lands. The project is located between approved urban projects and will result in a more contiguous pattern of urban development than other, noncontracted lands farther from existing urbanized lands; and WHEREAS, pursuant to Section 51283 of the Government Code, the Kern County Assessor has determined the full market value of the land with respect to which the cancellation is requested, as though it was free of the contractual restriction, and has certified to this Planning Commission that the and that the most recently announced Kern County assessment cancellation fee is $1,605,769.00 for the 300 acres, and has certified that there are no additional deferred taxes under Government Code Section 51283; and WHEREAS, that the Zone Change No. 04-0057 for the property, is conditioned upon the payment of the fee calculated by the Kern County Assessor noted above, prior to any further urbanization of the property; and WHEREAS, the Planning Commission conducted a hearing on July 7, 2005, and did make several findings and recommended approval of General Plan Amendment No. 04-Q057; and WHEREAS, George B. Martin representing Golden Empire Concrete and Structure Cast industrial companies, did appeal the decision of the Planning Commission to this Council; and WHEREAS, the Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution NO.1 00-Q5, adopted on July 7, 2005: 1. The laws and regulations relating to the preparation and adoption of Environmental Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and 2. All required notices have been given; and 3. The provisions of CEQA have been followed; and 5 ,<'òMf1J () ~ >- - .... m _ T- o r:;, ORIGINAL 4. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. An Environmental Impact Report was prepared for the project in accordance with CEOA; and 5. The public necessity, general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield General Plan; and 6. The amendment to change the Land Use designation Plan to MC (Major Commercial) on 57.28 acres, GC (General Commercial) on 10 acres, LI (Light Industrial) on 19.98 acres, LR (Low Density Residential) on 147.55 acres, LMR (Low Medium Density Residential) on 28.81 acres, and HMR (High Medium Density Residential) on 36.02 acres is consistent with the Metropolitan Bakersfield General Plan; and 7. The amendment to change the Circulation Element of the General Plan to eliminate Progress Road as a Collector segment. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED 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. 3. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEOA) 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. 4. That General Plan Amendment No. 04-0057 to the Land Use Element is hereby approved to MC (Major Commercial) on 57.28 acres, GC (General Commercial) on 10 acres, LI (Light Industrial) on 19.98 acres, LR (Low Density Residential) on 147.55 acres, LMR (Low Medium Density Residential) on 28.81 acres, and HMR (High Medium Density Residential) on 36.02 acres as requested by the applicant and as recommended by the Planning Commission and shown on the attached map in Exhibit "A", subject to the mitigation monitoring plan adopted in the Final Environmental Impact Report as shown in Exhibit "F" and conditions of approval for the project as shown in Exhibit "C". That General Plan Amendment No. 04-0057 to the Circulation Element is hereby approved to change the Circulation Element to eliminate Progress Road as a Collector segment requested by the applicant and as recommended by the Planning Commission and shown on the attached map in Exhibit "B". 5. The appeal by George B. Martin representing Golden Empire Concrete and Structure Cast industrial companies is hereby denied. 6 ~ 'QAKZ) C) 0 >-- :. .... ", - ,..... C> (';;. ORIGINAL 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 agricultural resources, noise, and transportation/traffic are appropriate and incorporated into the project. 8. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 7 X 1>A/(f"~ o u >- ::. .... m - r-- " (;) ORIGINAL ---------000-------- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on 'S~Þ 2 S,nn¡:¡ by the following vote: ,/ ,/ v ,/ V' ,/ V COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ 'i\ii5Ês: ABSTAIN: ABSENT: ¡}S5f;, ~.~ PAMELAA,McCARTHY, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By 1?4;ut JJt. -J/w¡¡ Attached: EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F Land Use Element Amendment Map Circulation Element Amendment Map Mitigation / Conditions of Approval Statement of Facts and Findings Statement of Overriding Considerations Mitigation Monitoring Plan MO:djl S:\GPA 2nd 2005\04-0057 Panama·Gosford EIR\Resolutions\gpa, cc res.doc 8 <t. 'òÞ.Kf1 Q ~ ". - .... m - T- " r:;, ORIGINAL EXHIBIT A land Use Element Amendment Map '< 'òÞ.1(('1 () ~ >- - .... m _ T- o r:;, ORIGINAL R-IA -..-..-.. GENERAL PLAN AMENDMENT 04-0057 .2:' c: .- ::s (,) 0 (,) LR LR R·tA R-IA SI LR R·IA R·/A to GC p R-tA N I .4( () 0 400 800 Feet -- -----, 130S, R27E -'< ~!lKê1 ().4.-QÇJ..pr {f> >- ~ I- m _ T- O r:;, 'JRIGINAL -...-., -,+-_._.,._.._.._---,.._~,._------~~---> EXHIBIT B Circulation Element Amendment Map ,<~M~1 o ú' >- ':!: .... m _ T- o r:;, ORIGINAL .' ..---- ._...._----...~_... ....-,,---."'-.---. .... .-,._------~---_._-_._----- GENERAL PLAN AMENDMENT 04-0057 'm.- - §ê fWln~~ r uTI L U L I ! . ·.T~ ":. T /-..~. '-1 -~ Remove Collector ~-- ------- ---- __of , / ,j /'/ 1, I' I' ¡I ' ,,- '-<~"'MC1IDT~EN<RlF"<"--l ~_.,,_~,,_..J__~", ~ General Plan Amendment 04-0057 Circulation Amendment to Remove Collector Comprehensive Circulation ~ Future Freeway Freeway Expressway Arterial N I - - - - '"'" ..--- o <IX) ~?~A/(ê1' T30S, R27E;: 'S ~7.8p1 If! - F'" r..) t) ORIG'NAl Collector '_""T ._..,.____.,.""."."..._"..' -~._.- EXHIBIT C Mitigation I Conditions of Approval , x't>i\K$1 () <!;. >- - r- m _ r- ,) r:;, ORIG'NAL __"'_"~M"'_"___'_''''''__'__'_'+__'__'' ..._._---, EXHIBIT "C" MITIGATION / CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENTIZONE CHANGE 04-0057 1. WILLIAMSON ACT CONTRACT CANCELLATION 1a. Prior to any further urbanization of the project site, the payment of the cancellation fee calculated by the Kern County Assessor's Office shall be paid to Kern County, the calculated fee is $1,605,769.00 for the project site. The documentation stating that the fee was paid shall be submitted to the Planning Department. (Condition). 2. PUBLIC HEALTH AND SAFETY Short-Term (Construction) Impacts Stained Soils 2a. Soil characterization and sampling of the stained soil within the Project site shall be conducted as needed to determine the presence or absence of hazardous materials prior to grading activities. If concentrations of materials are detected above regulatory cleanup levels during demolition or construction activities, the following mitigation measure shall include: · Excavation and disposal at a permitted, off-site facility; · On-site treatment; or · Other measures as appropriate. Prior to issuance of building permits, all oil-contaminated soils shall be remediated to the satisfaction of the Local Unified Program Agency (the Office of Environmental Services of the Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board and/or the California Department of Toxic Substances Control. Water Wells 2b. The agricultural water wells shall be properly removed and abandoned pursuant to the latest procedures required by the local agency with closure responsibilities for the wells. Any associated equipment (i.e., generators and pumping materials) shall be removed off-site and properly disposed of at a permitted landfill. A visual inspection of the areas beneath the removed materials (if present) shall be performed. y~K'" <.: ',' '0-5' ~ ',h .:::.... '~ .... ;1i - r-- o Ç' ORIGII\IAI Exhibit "C" Mitigation/Conditions of Approval GPAlZC 04-0057 Waste Oil and Oil Filters 2c. The waste oil, oil filters, and buckets shall be removed off-site and properly disposed of at an approved landfill facility. Then the areas beneath and around the removed materials shall be visually inspected. Any stained soils observed underneath the materials shall be sampled and analyzed. If analysis detects concentrations of materials above regulatory cleanup levels, the mitigation measure shall include: · Excavation and disposal at a permitted, off-site facility; · On-site treatment; or · Other measures as appropriate. Abovearound Storaae Tanks 2d. Any aboveground storage tanks (ATS) on site shall be removed and properly disposed of at an approved landfill facility then the areas beneath and around the removed ASTs shall be visually inspected. Any stained soils observed underneath the ASTs shall be sampled. If concentrations of materials are detected above regulatory cleanup levels during sampling activities, the mitigation measure shall include: · Excavation and disposal at a permitted, off-site facility; · On-site treatment; or · Other measures as appropriate. Transformers 2e. Any removal or relocation of transformers shall be conducted under the purview of the local utility purveyor to identify proper handling procedures regarding potential polychlorinated biphenyls (PCBs). Agricultural Uses 2f. Prior to issuance of any grading permit, the Project applicant shall perform soil tests to determine concentrations of pesticide and fungicide residues that may be present within the Project site. Should contamination levels be in excess of acceptable Federal, State, and/or County levels, the Project Applicant shall identify and implement remedial action, (subject to approval by the City of '< '6AK~1 C) <!.;, >- _ m _ T- '-) r:;, ORIGINAL Page 2 of 32 ..'_ .,.__,..,_.__..__ _._.___n_._.___,___ ..,.._.._._-__~.._..,..""'._.___.__' ___.~.__,.__._..,_. Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 Bakersfield and responsible regulatory agencies), to reduce contaminants to acceptable levels. Asbestos-Containing Materials 2g. Prior to demolition activities, an asbestos survey shall be required to determine the presence or absence of asbestos-containing materials. The results of the survey shall be submitted to the City of Bakersfield. If asbestos-containing materials are found, abatement of asbestos shall be required before any demolition activity that would disturb asbestos-containing materials or create an airborne asbestos hazard is permitted. Asbestos removal shall be performed by a State-certified asbestos containment contractor in accordance with San Joaquin Valley Air Pollution Control District (SJV APCD) Rule 8021, which requires: · A survey of the facility prior to issuance of a permit by SJV APCD; · Notification of the SJVAPCD prior to construction activity; · Removal of asbestos in accordance with prescribed procedures; · Placement of collected asbestos in leak-tight containers or wrapping; and · Proper disposal of the asbestos. Lead-Based Paints 2h. Prior to demolition activities, a survey shall be conducted to determine the presence or absence of lead-based paint. The results of the survey shall be submitted to the City of Bakersfield. If lead-based paint is found, abatement shall be required before any demolition activities occur that would create a lead dust or fume hazard. Lead-based paint removal shall be performed in accordance with California Code of Regulation Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. The contractor performing lead- based paint removal shall provide evidence of certified training for lead-related construction work. Valley Fever 21. Refer to AIR QUALITY, NO.6 regarding fugitive dust mitigation measures. Page 3 of 32 <.: 'òMê1 () ó' ~ >- - .... m _ r- o (;) ORIGINAL Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 2j. Pursuant to SJVAPCD Regulation VIII-Fugitive PM1Q Prohibitions, all areas with bare soil exposed as a result of Project earthwork activities shall be landscaped at the earliest time possible or stabilized by watering when winds exceed 20 miles per hour (mph) in order to reduce the potential inhalation of spores causing Valley Fever. 3. AESTHETICS/LIGHT AND GLARE Short-Term (Construction) Aesthetic Impacts 3a. Temporary construction equipment staging areas shall be located within the Project site through the duration of construction. Appropriate screening (e.g., temporary opaque fencing [six feet in height]) will be used to buffer views of construction equipment and material, when feasible. Staging locations shall be indicated on final plans and grading plans are subject to review and approval of the City Planning Department. Additionally, all construction activities would be required to be consistent with the Municipal Code requirements and conditions of approval Long-Term Aesthetic Impacts 3b. Design review shall be required of all new development through the architectural and site review process prior to the issuance of a development permit. The review should determine whether the proposed development is consistent with current development ordinances. This shall be subject to review and approval of the Planning Department. 3c. All mechanical and electrical equipment to be installed on the structure or on the ground shall be adequately screened from public view. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building and/or landscaping, as appropriate. Construction plans for the buildings shall indicate any fixtures or equipment to be located on the roof of the respective structure, equipment types, and design of the screening material. The method of screening shall be reviewed by and subject to approval of the City Planning Department. Light and Glare Impacts 3d. To ensure that the project's exterior lighting does not spill over onto the adjacent uses, all exterior light fixtures, including street lighting, shall be shielded or directed away from adjoining uses, pursuant to all applicable lighting standards A. and all requirements of the City Municipal and Zoning codes. J \'> Kl't-, >- '!: .... m - ,... Page 4 of 32 °ORIG!NAf' Exhibit "C" Mitigation/Conditions of Approval GPAlZC 04-0057 4. TRAFFIC AND CIRCULATION Short-Term (Construction) Impacts 4a. Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be submitted for review and approval to the City of Bakersfield Public Works Department. Such plan shall consist of prior notices, adequate sign posting, and detours (including for pedestrians and bicyclists). The TMP shall specify implementation timing of each plan element (prior notices, sign-posting, detours, etc.) as determined appropriate by the City Engineer. Adequate access to and from adjacent residential areas shall be provided at all times. The TMP shall be reviewed and approved by the City Police and Fire Departments so that construction does not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts. 4b. Proper detours and warning signs shall be established to ensure public safety. This includes the use of proper lighting (where appropriate); fencing and shielding; proper storage of equipment and construction supplies; and covering loose piles of soil, silt, clay, sand debris, or other earthen material. Project Trip Generation 4c. Refer to Mitigation Measures 4d. and 4e., below. Cumulative Traffic (2024 Conditions) 4d. Prior to issuance of building permits, the Project Applicant shall comply with the City's Regional Transportation Impact Fee Program (RTIF) in accordance with the standard residential, commercial, and industrial per- lot rate. 4e. For impacted intersections subject to fair-share improvements (refer to Tables 5,5-11 and 5.5-13 in the Environmental Impact Report for Gosford-Panama Project), the Project Applicant shall participate in the improvements required on a pro-rata fair-share basis, as indicated in Table 5.5-16 in the Environmental Impact Report for Gosford-Panama Project, (Future Intersection Improvements and Local Mitigation). 5. NOISE Short-Term (Construction) Impacts Page 5 of 32 ~ £;Mt'ì () ~ >- t: ~ ,) r:;, '>RIG!NAL Exhibit "C" Mitigation/Conditions of Approval GPAlZC 04-0057 5a. Prior to issuance of grading permits, the contractor shall provide evidence acceptable to the City Planning Department that (1) all construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained mufflers; (2) construction activities shall be limited to the designated daytime hours as specified by the City of Bakersfield (currently 6 AM to 9 PM on weekdays and 8 AM and 9 PM on weekends). No construction is allowed on Federal holidays. These restrictions apply to all trucks, vehicles, and equipment that are making or involved with material deliveries, loading or transfer of materials, equipment service, and maintenance of any devices for or within the Project construction site. 5b. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from noise-sensitive receptors, to the satisfaction of the Building Official. 5c. Prior to approval of the project plans and specifications by the City Planning Department, the construction contractor shall incorporate feasible muffling features into all construction vehicles and equipment and into construction methods, and shall maintain all construction vehicles and equipment in efficient operating condition. 5d. The Project plans and specifications prior to approval by the City Planning Department, shall stipulate that stockpiling and construction vehicle staging areas shall be located as far away as practical from noise-sensitive receptors during construction activities. On-Site Mobile Source Impacts 5e. A wall shall be constructed along the rear yards of residences adjacent to Progress Road, Gosford Road, Panama Lane, and McCutchen Road. As a condition of approval, a final acoustical analysis shall be conducted to the satisfaction of the City Planning Department to confirm the required location and height of sound walls when a site plan with sufficient detail is available (i.e., site grading, pad heights, lot design, and setbacks). Stationary Source Impacts 5f. Prior to building permit issuance, a site plan shall be submitted to the City Planning Department, that illustrates that stationary noise sources, (including loading dock facilities, rooftop equipment and trash compactors) have been placed as far as practicable from residential uses. \f:¡!\K(:", J ''(p '" >- - ~ P2 Page 6 of 32 " r:;, ORIGINAL Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 5g. Directional speakers shall be shielded and/or oriented away from off-site residences to the satisfaction of the City Planning Department. Existing Industrial Impacts (Off-Site) 5h. As a condition of approval, when a site plan with sufficient detail is available, a final acoustical analysis shall be conducted to the satisfaction of the City Planning Department to confirm that the acoustical barrier to attenuate noise levels from the Vulcan Asphalt Batch Plant has the required height and placement. 51. As a condition of approval, when a site plan with sufficient detail is available, a final acoustical analysis shall be conducted to the satisfaction of the City Planning Department to confirm that the acoustical barrier to attenuate noise levels from the Golden Empire Concrete Plant has the required height and placement. 5j. Centralized heating/ventilation/air conditioning units (HVAC) shall be installed in second-floor bedrooms that have a direct line-of-sight to off-site industrial activities. The HV AC units should be designed to supply two air changes per hour for each habitable room, with a minimum of 15 cubic feet per minute of outside air per occupant. The fresh air inlet duct shall be of sound-attenuating construction and shall consist of ten feet of straight or curved duct plus one sharp gO-degree bend. Additionally, these affected units shall include double-paned or Sound Transmission Class (STC) rated windows. 5k. Single-story homes shall be located along perimeter walls between residential and nonresidential uses. As a condition of approval, a final acoustical analysis must be conducted to the satisfaction of the City Planning Department to confirm whether additional sound attenuation is necessary. 6. AIR QUALITY Short-Term (Construction) Emissions 6a. To minimize engine exhaust emissions during Project construction, the Applicant shall implement the following measures: . Properly and routinely maintain all construction equipment, as recommended by manufacturer's manuals, to control exhaust emissions, '(.J'!(C ¿- 1<5' "" >- - ,_ m - ,- ,:) r:;, '1RiGINAL Page 7 of 32 Exhibit "C" Mitigation/Conditions of Approval GPAlZC 04-0057 · Shut down equipment when not in use for extended periods of time, to reduce exhaust emissions associated with idling engines. · Encourage ride-sharing and use of transit transportation for construction employees commuting to the Project site. · Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. · Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing construction activity during the peak hour of vehicular traffic on adjacent roadways. 6b. Construction of the Project requires the implementation of control measures set forth under Regulation VIII of the San Joaquin Valley Air Pollution Control District (SJAPCD) Fugitive PM1Q Prohibition. The following mitigation measures, in addition to those required under Regulation VIII of the SJVAPCD, shall be implemented to reduce fugitive dust emissions: · Prior to issuance of a grading permit, the Applicant shall prepare and submit a dust control plan, which consistent with SJVAPCD Regulation VIII, must be reviewed and approved by the SJVAPCD before beginning grading activities. The dust control measures selected shall be incorporated as a note on each grading plan. A six-foot high dust fence shall surround the construction site during primary grading activities. · Dust in all disturbed areas, including storage piles, that are not being actively utilized for construction purposes shall be effectively stabilized by applying water; using a chemical stabilizer or suppressant; covering with a tarpaulin or other suitable cover; or establishing a vegetative ground cover. · Dust from all on-site and off-site unpaved access roads shall be effectively stabilized by applying water or using a chemical stabilizer or suppressant. · Fugitive dust emissions during all land clearing, grubbing, scraping, excavation, land leveling, grading, cut-and-fill, and demolition activities shall be effectively controlled by applying water or by presoaking. · When materials are transported off-site, all material shall be covered or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. ~f;./(f: ,:} ~ó' >- ~ _ m Page 8 of 32 ;, r; ORiGiNAL Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04·0057 · All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited, except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden). · After adding materials to, or removing materials from, the surface of outdoor storage piles, fugitive dust from said piles shall be effectively stabilized by applying sufficient water or chemical stabilizer or suppressant. · Within urban areas, trackout shall be immediately removed whenever it extends 50 or more feet from the site and at the end of each workday. · Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. · Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict the use of cutback, slow-cure, and emulsified asphalt paving materials. · Cease grading activities during periods of high winds (greater than 20 miles per hour (mph) over a one-hour period). · Limit the speed of construction-related vehicles to 15 mph on all unpaved areas at the construction site. · Implement, carryout, and trackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. Long-Term (Operational) Impacts 6c. To reduce emissions from mobile sources, incorporate transportation control measures and design features into the Project. The below-listed control measures provide a strategy to reduce vehicle trips, vehicle use, vehicle-miles traveled, vehicle engine idling, and traffic congestion for the purpose of reducing motor vehicle emissions and are therefore required in order to achieve the necessary emission reduction. Page 9 of 32 ,,\òMt1> () ~ ': m .' T- ) r:;, )RIGINAL Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 · Throughout the Project, incorporate sidewalks, with adequate safety signage and appropriate lighting. Connect sidewalks to any open space or recreational areas and to nearby transit loading areas and/or shelters. · The Project applicant shall incorporate the following in building plans: · Bicycle racks shall be provided in the proposed commercial areas. Location and number shall be shown on the Final Development Plans. · Install electrical outlets and/or natural gas lines in backyards or patios to encourage the use of electric landscaping equipment and natural gas barbecues. No building permit can be issued without compliance with this mitigation measure. · At intersections and on street segments where traffic generated by the proposed developments may impact the surrounding local roadway system, improve streets and install traffic signals. · The proposed project shall comply with Title 24 of the California Code of Regulations established by the Energy Commission regarding energy conservation standards. The project applicant shall incorporate the following in building plans, subject to the review and approval of the City: - solar or 10w-NOx emission water heaters shall be used; - central water heating systems shall be used; - double-paned glass shall be used in all exterior windows; - energy-efficient low-sodium parking lot lights shall be used; and - install energy-efficient and automated air conditioners. 6d. To achieve the emissions reductions as described above, mitigation programs such as, but not limited to the following, shall be considered by the subdivider: Public Works Improvement Projects: Project or projects approved by the City Public Works Department that will result in the reduction of emissions as described above. The improvements for said project must be completed and accepted by the Public Works Department prior to recordation of individual development phases. The project(s) selected shall be one(s) not otherwise funded or constructed with this proposed project. The subdivider is responsible for all costs to determine the emission reductions associated with proposed Public Works project(s). Documentation for public works improvement project(s) demonstrating mitigation compliance shall be ~MI:' '< l' () ~ >- - .... rn _ r- o r:;, ORiGINAL Page 10 of 32 _...."~,,.._-".. .."--,.....-.., .~'""- . .-.--.----------.--------------'...- ~"-~_.._._.._...,,_._-~.._~._---- Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 submitted to the Planning Director prior to recordation of individual development phases. The types of public works improvement project(s) used for the reduction in emissions may include but are not limited to the following types: · Construction of a new warranted signal. · Modification of an existing signalized intersection to add additional left turn storage or dedicated right turn capability. Other Proiects: These are non-public works projects selected by the subdivider that shall result in the reduction of emissions as described above. The subdivider is responsible for all costs to determine the emission reductions associated with the proposed project(s). Proof of mitigation compliance shall be submitted to the Planning Director prior to recordation of individual development phases. Proof of compliance may include documentation of the number, type and year of cars crushed; location and type of engine modified, photo documentation and quantification of emission reduction by the San Joaquin Valley Air Pollution Control District or an air quality consultant. The types of project(s) used for the reduction in emissions may include but are not limited to the following types: · Car crushing of older model cars. · Modification to stationary diesel engines, such as those under agricultural use. · Modification of fleet vehicles and/or other mobile sources. SJVAPCD Mitiaation Fund: Should the SJVAPCD implement an air quality mitigation program, the subdivider, could elect to participate as set forth below. · Mitigation fees ("funds") are based on current market price coupled with available alternative emission reduction opportunities within the City as follows: Current Est. Trade Price Estimated Retrofit Cost Mitigation fee price Required ROG offset mitigation' = $20,000 per ton = $19,000 perton = $20,000 per ton = 40.16 tons Page 11 of 32 ~(l,K"'1 ¿ <!;. >- - ..- m _ T- o r:;, ORIG!NAL _""_"._."_ ._",._~_._._._~.._..._.._ . _..'.'_______, "_ _.___·..._N. .___..___>.~__,__.__,,__.., Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 (see Table 5.7-17 and 5.7-18) Requires NOx offset mitigation* (see Table 5.7-17 and 5.7-18) - Total Retrofit = 40.72 tons = 80.88 tons * Required emissions reduction to reduce project air impacts below significance thresholds (10 tons per year). . A total mitigation fee of $647,040 will be paid by the current property owner or its assigns. - 80.88 TONS ($20,000/ton) X (40%*) = $647,040 * Estimated percentage of air emissions attributable to new, out of air basin sources relocating to the San Joaquin Valley Air Basin. . The SJVAPCD may use the funds immediately or retain them to apply to future replacement, retrofit opportunities, purchase of open space land or other appropriate air quality mitigation measures within the Metropolitan Bakersfield Sphere of Influence. Proof of payment shall be provided to the Planning Director prior to the recordation of each phase. Cumulative Impacts 6e. Refer to (Mitigation Measures) Condition Nos. 6c. and 6d., above. 7. BIOLOGICAL RESOURCES Short-Term (Construction) Impacts 7a. Construction vehicle speed limits shall not exceed 20 mph and shall be posted throughout the site for the duration of construction activities. 7b. During construction, 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 not capped or otherwise covered, the openings shall be inspected twice daily in the morning and evening and prior to burial or closure, to ensure no kit foxes or other wildlife become entrapped or buried in pipes. 7c. Excavations shall be provided with escape ramps or otherwise be covered to prevent entrapment, or the site could otherwise be protected during construction Page 12 of 32 _._.~. .--. ~" ----_._.-_..__._-_....._~---.__..__._~.._..._..__._-_.... X 'òAK~1 () <J> >- ':!: .... m - r-- o (;) ORIGINAL Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 through deployment of a wildlife exclusion fence, which would eliminate the possibility of ranging animals from being harmed during construction. Open excavations shall be checked twice daily, in the morning and evening, to preclude loss of wildlife from entrapment. 7d. Provide open culverts during construction to reduce vehicular mortality at fox crossing roads. Special-Status Wildlife 7e. As required by the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) take avoidance measures for San Joaquin kit fox dens, follow all agency guidelines regarding kit fox tracking and excavation to prevent entrapment of animals in potential dens. 7f. Prior to construction, conduct preconstruction surveys for known dens, bat roosts within the water tower, building attics, and nest sites and implement appropriate and/or necessary take avoidance measures for the San Joaquin kit fox and protected bird species in accordance with the MBHCP and the Migratory Bird Treaty Act. 7g. Conduct preconstruction surveys prior to disking and/or ground disturbance activities to ensure that no California ground squirrel burrows are present and to prevent potential entrapment of burrowing owls. Survey the buildings and water tower to ensure that no raptors are nesting at the time of demolition. If nests are encountered, use agency-approved buffer zones and avoid nests until the young have fledged. 7h. If any previously unidentified protected species that is not addressed in the MBHCP is found to be present, avoid the species and have it evaluated by a qualified biologist. Notify the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) any previously unreported protected species. Any take of protected wildlife shall be reported immediately to the CDFG and USFWS. Long-Term Impacts 71. Lighting shall be shaded or shielded and directed down and away from adjacent agricultural areas to minimize increased predation of species that may be using the adjacent agricultural fields. Refer to AESTHETICS/LIGHT AND GLARE, No. 3 regarding light spillover and glare mitigation measures. Page 13 of 32 , 'íi>~K~1 (~ ó' -<' >- t:: ~ u (:) ORIGiNAL Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 7j. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting ranging kit fox or other animals to the site where they may be harmed. 8. CULTURAL RESOURCES Archaeological Resources 8a. If archaeological resources are discovered during excavation and grading activities on-site, the contractor shall stop all work and the City shall retain a qualified archaeologist, at the owners/developers expense, to evaluate the significance of the finding and appropriate course of action. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed and the treatment of discovered Native American remains shall comply with State codes and regulations of the Native American Heritage Commission. 8b. If human remains are discovered as a result of the Project during any earth removal or disturbance activities, all activity shall cease immediately, the Kern County Coroner's Office must be notified immediately under state law, and a qualified archaeologist and Native American monitor shall be contacted. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. 9. PUBLIC SERVICES AND UTILITIES Fire Protection 9a. Future developrnent projects shall be reviewed by the City of Bakersfield and/or County of Kern Fire Departments. Specific Department requirements for access, fire flow, hydrants, or other fire and life safety requirernents shall be addressed at the subsequent property entitlement phase. 9b. Residential projects shall meet fire-flow requirements in accordance with relevant City building codes, City fire codes, and the requirements of the Kern County Fire Department 9c. Traffic signal pre-emption devices shall be installed on all new traffic signals and a signal pre-emption transmitter shall be provided by the applicant for the City of Bakersfield Fire Department and Kern County Fire Department. Page 14 of 32 , ,?"f'-,i\ ,," . '.) ). ~- {!..-¡ \.) C OR!t'!!'.I/." Exhibit "C" Mitigation/Conditions of Approval GPNZC 04-0057 9d. Because of the potential increase in construction activity and population and the resulting increase is medical aid calls, an automated external defibrillator (AED) shall be provided by the applicant to the City of Bakersfield and Kern County Fire Department. ge. Refer to TRAFFIC AND CIRCULATION, No. 4 for short-term construction mitigation measures. Police Protection 9f. Refer to TRAFFIC AND CIRCULATION, No. 4 for short-term construction mitigation measures. Schools 9g. Prior to issuance of a building permit for any residence within the Project area, the applicant shall pay fees to the Lakeside School District in the amount of $91.90 per residential unit and $51.69 per parcel of undeveloped property. Additionally, there are developer school impact fees levied at $2.24 per square foot of residential construction and $0.36 per square foot of commercial and industrial development within the boundaries of the District; the current fees the Project Applicant shall pay to the Kern County High School District are 35% of the statutory $2.24 per square foot for single-family detached housing. Parks and Recreation 9h. In accordance with an ordinance of the City of Bakersfield, land must be dedicated for park uses by the developer of new residential subdivision projects at a standard of 2.5 acres per 1,000 persons, or the developer must pay in-lieu fees of $1,275 per residential unit. Water Resources 9i. Prior to filing a final tract or parcel map, the developer/owner shall record a covenant for each lot in the subdivision that prohibits the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. Additionally, the developer/owner shall pay City fees for inspection of installation of water facilities and City Water Availability Fees. Payment of fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of each phase of the Project, based on the percentage of the gross acreage contained in the particular phase to be accepted and recorded, as compared with the total gross acreage within the entire Project. All water main, service Page 15 of 32 , ~Þ.k~", (l ''(p '" ~ _ m _ T- o e:, ORIGiNAL .....-_._........-.._.... .---.'. --,-." -.--".-.-.--'-.-.'- --~---,.."--" Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 connections, and fire hydrants shall be installed by the developer and dedicated to the City. Plans and specifications for such water mains and appurtenances shall be prepared by and/or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. Solid Waste 9j. All construction debris and construction-related debris shall be separated into recyclable and non-recyclable items to the greatest extent possible. All recyclable debris shall be transported to appropriate recycling facilities so as to reduce waste disposed of at County landfills. To the maximum extent possible, recyclable materials and materials consistent with the waste-reducing goals of the City shall be used for all aspects of construction. 10. CITY ATTORNEY CONDITION 10a. 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. 11. PUBLIC WORKS CONDITIONS Page 16 of 32 '< '?>~/(IÔ", () '"" >- ':!: f-. m Õ f; ORIGINAL Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 11 a. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: · Developer shall provide fully executed dedication for Gosford Road and McCutchen Road and Panama Lane to arterial standards and Berkshire Road to collector standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. · Developer shall submit a conceptual drainage study to be reviewed and approved by the City Engineer. No more than 3 sumps may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. The study shall be approved and any required retention site and necessary easements dedicated to the City. The developer shall form a Planned Drainage Area or provide some other mechanism as approved by the City Engineer to ensure the construction of the drainage facilities and the payment of the pro-rata share of the facilities by all of the affected property. · Sewer service must be provided to the GPA/ZC area. 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. · Developer shall pay median fees for all arterial roads within the boundaries of the GPA/ZC area. The payment of these fees may be phased to match the construction phasing of the project. 11 b. The entire area covered by this 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. 11 c. The Berkshire Road crossing of the Stine Canal needs to be constructed to serve this area. Developer shall aid in the formation of a Major Road and Thoroughfare District for the construction of the crossing. 11d. Traffic - Local Mitigation: The developer shall pay the proportionate share of the local mitigation measures as indicated in Table 5.5-16 of the DEIR (copy on file Page 17 of 32 '< ~~K£.09 () ~ ,~ ~ m ,... o r:;, ORIG'NAL Exhibit "C" Mitigation/Conditions of Approval GPA!ZC 04-0057 at City) (SEE next page showing Table5.5-16), percent shares shall be based upon the Caltrans methodology, percentage in parenthesis (%). Prior to development or recordation of any subdivision the project engineer shall prepare, and have approved by the City Engineer, an estimate and fee schedule for these local mitigation items, where not already accounted for by adjacent development projects. 11 e. Traffic - Regional Transportation Impact Fee: The developer shall pay the standard residential, commercial and industrial fees as adopted at time of development. For any retail use exceeding the 100,000 SF fixed fee rate limit, the fee shall be computed by special study in compliance with City policy. Page 18 of 32 <t. <õMf1 C) ~ >- - .... m _ r- " (;) ORIGiNAL Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 TABLE 5.5-16 Future Intersection Improvements & Local Mitigation Local Mitigation Project % Intersection Total Improvements (Improvements Share or Local Required by 2024 not covered by Mitigation RTIF) Gosford Road & Ming Avenue 1 WBR, -- - 1.86% 1 NBR (6.33%) Ashe & White Lane 1 EBL, 1 EBL, 1 WBL, 1 WBL, 2.5% 1 NBL, 1 NBL, (10.35%) 1 SBL 1 SBL Gosford Road & White Lane Revise sional timino - -- - -- Gosford Road & District Boulevard 1 NBL 1 NBL 12.84% 1 SBL 1 SBL (31.06%) Old River Road & Pacheco Road Install Signal Install Signal 1 EBL, 1 EBL, 21.78% 1 WBL, 1 WBL, (22.81%) 1 NBL, 1 NBL, 1 SBL 1 SBL Buena Vista Road & Harris Road Install Signal 1 EBL, 1 EBL, 1 WBL 8.31% 1 WBL, (12.33%) 2 NBL, 1 NBT, 2 SBL, 1 SNT Old River Road & Harris Road Install Signal 1 EBL, 22.09% 1 EBL, 1 WBL (22.27%) 1 WBL, 1 NBL, 1 SBL 2 The methodology for calculating the percent shares shown in Table 5.5-16 and 5.5-17 are discussed in Appendix 15.4, Traffic Study. Page 19 of 32 x <ö"'K[1 o ~ " - m - T- ':' r:;, JRIG!NAL ----_. ---",-.--",---,---,,'--'" -.~.,..~-_._---- Exhibit "C" Mitigation/Conditions of Approval GPAlZC 04-0057 Local Mitigation Project % Intersection Total Improvements (Improvements Share or Local Required by 2024 not covered by Mitigation RTIF) Progress Road & Harris Road Install Signal 1 EBL, 1 WBL, Install Signal - 1 15.68% 1 NBL, 1 SBL EBL, 1 WBL, 1 (15.68%) NBL, 1 SBL Ashe Road & Harris Road Install Signai Install Signal 3.38% 16.24%\ Allen Road and Panama Lane Install Signal - 1 EBL, 1 WBL, 1 1 EBL, 1 NBL 4.26% NBL, 1 SBL 14.26%\ Bartow Road & Panama Lane Install Signal - 1 EBL, 1 WBL, 1 1 NBL, 1 SBL 7.26% NBL, 1 SBL (7.26%\ Buena Vista Road & Panama Lane Install Signal- 1 EBL, 1 EBT, 1 WBL, 1 NBL, 1 NBT, 1 SBL, 1 SBT - -- -- - Mt. Vista Road & Panama Lane Install Signal- 1 EBL, 1 EBT, 1 1 NBL, 1 SBL 13.78% WBL, 1 NBL, 1 SBL 113.78%\ Old River Road & Panama Lane Install Signal 1 EBL, 1 EBT, 1 WBL, 1 WBT, 1 NBL, 1 NBT, 1 - -- --- SBL, 1 SBT Progress Road & Panama Lane Install Signal - 1 EBL, 1 EBT, 1 Install Signal - 32.12% WBL, 1 WBT, 1 NBL, 1 SBL 1 NBL, 1 SBL 138.26%\ Commercial North Entrance & Install Signal- 1 EBT, 1 WBT Install Signal Panama Lane _2 Gosford Road & Panama Lane Install Signal - 2 EBL, 1 EBT, 1 EBR, 2 WBL, 1 WBT, 2 NBL, 1 -- - - -- NBT, 1 NBR, 1 SBL, 1 SBT Reliance Drive & Panama Lane Install Signal - 1 EBL, 1 WBL, 1 1 NBL, 1 SBL 13.65% NBL, 1 SBL 121.84%\ Ashe Road & Panama Lane Install Signal- 1 EBL, 1 EBT, 1 1 SBL, 1 SBT 7.34% EBR, 1 WBL, 1 WBT, 2 NBL, 1 (10.49%) NBT, 1 SBL, 1 SBT Golden Gate Drive & Panama Lane Install Sional -- - -- - Wible Road & Panama Lane 1 WBL, 1 WBR3, 2 NBL, 1 NBT, 1 1 WBL, 1 WBR3, 1.93% SBL, 1 SBT 2 SBT (5.5%) Gosford Road & Commercial East Install Signal - 1 EBL, 1 EBT, 1 Install Signal - 1 Entrance EBR, 1 WBL, 1 WBT, 2 NBL, 1 NBL _2 NBT, 1 SBL, 1 SBT Old River & Berkshire Road Install Signal- 1 EBL, 1 WBL, 1 1 EBL, 1 WBL 7.45% NBL, 1 SBL 17.45%\ Progress Road & Berkshire Road Install Slgnal- 1 EBL, 1 WBL, 1 Install Signal- 1 28% NBL, 1 SBL EBL, 1 WBL, 1 (28%) NBL, 1 SBL Gosford Road & Berkshire Road Install Signal - 1 EBL, 1 WBL, 1 1 EBL, 1 WBL 45.65% NBL, 1 SBL, 1 SBT (45.65%\ Buena Vista Road & McCutchen Install Signal - 1 EBL, 1 WBL, 1 1 EBL 7.5% Road NBL, 1 NBT, 1 SBL 18.67%\ Page 20 of 32 '< 'ò~Kt1> o ~ >- - ¡-- m _ T- o r:;, ORIGINAL Exhibit "C" Mitigation/Conditions of Approval GPAlZC 04-0057 Local Mitigation Project % Intersection Total Improvements (Improvements not Share or Local Reouired bv 2024 covered bv RTIF) Mitiaation Mt. Vista Drive & McCutchen Install Signal- 1 EBL, 1 WBL, Install Signal - 1 EBL, 15.17% Road 1 NBL, 1 SBL 1 WBL, 1 NBL, 1 SBL 115.32%\ Old River Road & McCutchen Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 Road SBL - -- - -- Progress Road & McCutchen Install Signal- 1 EBL, 1 WBL, 1 NBL, 1 1 NBL, 1 SBL 35.56% Road SBL 125.76%) Gosford Road & McCutchen Install Signal-1 EBL, 1 EBT, IWBL, 1 Road WBT, 1 WBR, 2 NBL, 1 NBT,2 SBL, 1 -- - - -- SBT Ashe Road & McCutchen Road Install Signal- 1 EBL, 1 WBL, 1 NBL, 1 SBL -- - - -- Golden Gate Road & Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 1 NBL, 1 SBL 34% McCutchen Road SBL 134%) Stine Road & Hosking Avenue Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 SBL -- - - -- Akers Road & HoskinaAvenue Install STcJnal - -- - -- Wible Road & Hosking Avenue Install Signal - 1 EBT, 1 EBT, 1 WBL, 1 WBT, 1 NBL, 1 SBL - -- -- - SR 99 SB & Hoskina Avenue Install Sional- 1 EBT, 1 WBT -- - -- - SR 99 NB & Hoskinn Avenue Install Sinnal - -- -- - Old River Road & McKee Road Install Signal- 1 EBL, 1 WBL, 1 NBL, 1 1 EBL, 1 WBL 8.08% SBL 18.08%) Progress Road & McKee Road Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 Install Signal- 1 EBL, 1 11.12% SBL WBL, 1 NBL, 1 SBL 111.12%) Gosford Road & McKee Road Install Signal - 1 EBR, 1 NBL 1 EBR 19.64% 119.64%) Old River Road (North) & Taft Install Signal - 1 EBL, 1 EBT, 1 EBR, 1 1 1 Hiahwav5 WBT, 1 WBR 5.07% Old River Road (South) & Taft 1 NBT, 1 NBR, 1 SBL, 1 SBT4, 1 SBR4 NBT, NBR (11.35%) Hiahwav5 Progress Road & Taft Highway Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 Install Signal- 1 NBL, 1 1~·84~: ) SBL SBL 6.84% Gosford Road & Taft Highway Install Signal- 1 EBT, 1 WBT, 1 NBL, 1 1 EBL, 1 WBL 10.97% SBL 124.45%) Gosford Road & Curnow Road Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 1 EBL 10.8% NBT, 1 SBL 110.8%) Notes: 1 Striping only. 2 The project will install the signal and language the time of buildout. 3 Utilize current right turn for additional WBT. 4 New lanes are to be on realignment north leg of intersection 5 Currently offset. Realign north intersection to meet south intersection (%) Caltrans Percent Share. S NB: North bound; 88: South bound; EB: East bound; WB: West bound; L: Left turn lane; R: Right turn lane. Source: Traffic StudY, Ruettaers & Schuler Civil Ennineers, November 2004. Page 21 of 32 'òM¡:-~ ¿; ~ ;..- m I;:. r- () r:;, ORIGINAL Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 12. PLANNING COMMISSION CONDITIONS 12a. Prior to issuance of the first single family residential building permit, the developer shall demonstrate to the satisfaction of the Planning Director that photovoltaic systems will be offered to all single-family homebuyers as an optional feature. 12b. Prior to recordation of final maps, the Public Works Department shall verify that all associated improvement plans specify that all street lights are to be zero cutoff fixtures. 12c. Upon recordation of the first subdivision map, the applicant shall construct to the City of Bakersfield standards as approved by the Public Works Director, curb, gutter and street at the commercial corner of Panama Lane and Gosford Roads. Upon the recordation of the 200th residential lot, the applicant shall construct to City of Bakersfield standards as approved by the Public Works Director, curb, gutter and streets at the commercial corner of McCutchen Road and Gosford Road. 12d. In an attempt to reduce complaints and unwarranted investigations undertaken by any public agency, the following disclosure shall be recorded as part of any transfer of properties within the project site. Your real property is adjacent or in the vicinity of property used for agricultural operations and/or industrial operations, you may be subject to inconveniences or discomforts arising from and associated with such operations on any 24-hour basis. Said discomforts may include, but shall not be limited to equipment noise, odors from manure, fertilizer, and other chemicals, dust and/or smoke. 12e. All commercial zoning on the site shall be C-2 with a PCD (Planned Commercial Development) overlay. 12f. If Progress Road is eliminated, the applicant shall complete Panama Lane, curb, gutter and street from the project boundary west to the railroad tracks. Added Conditions for Vulcan Materials Company: 13. The developer shall promptly grant to Vulcan Materials Company fee title to a 30- foot wide strip of land along a portion of the northern boundary of the proposed x 'óAK(-1> () <P >- -r\ Page 22 of 32 f- m - T- o r:;, ORIGINAL Exhibit "C" Mitigation/Conditions of Approval GPAlZC 04-0057 light industrial zone, including along 150 feet of Vulcan's property, as shown on Figure 1 attached hereto. The strip will be used as a private roadway for industrial access for trucks and other vehicles between Progress Road and Vulcan's plant property. If approval of a lot line adjustment, parcel map waiver, or other permit is necessary to effectuate this grant, Developer shall promptly process the lot line adjustment, parcel map waiver, or other permit and grant Vulcan fee title to the 30-foot wide strip immediately upon approval thereof by the City. Prior to the recording of the deed for the strip, Vulcan shall have a temporary easement to use the strip for this same roadway use. Developer acknowledges that Vulcan retains the current access points from Panama Lane to its facilities. 14. The developer shall install, as and when warranted, a traffic signal at the intersection of Progress Road and Panama Lane, which traffic signal is specifically identified as a required Local Mitigation in Table 5.5-16 of the Final EIR for the Project. The traffic signal shall be consistent with City of Bakersfield standards as approved by the Public Works Director. The traffic signal shall have, if approved by City, a protected left turn phase for traffic turning onto southbound Progress Road from westbound Panama Lane and a protected left turn phase for traffic turning onto westbound Panama Lane from northbound Progress Road. Whether or not such protected left turn phases are approved or provided, City will permit left turns onto southbound Progress Road from westbound Panama Lane, and City will permit left turns onto westbound Panama Lane from northbound Progress Road. The requirement to install this traffic signal does not eliminate the requirement to install or construct any other improvements at or near this intersection called for by the Bakersfield General Plan or other applicable City requirements, the Project EIR, and/or any other conditions of approval for the Project. 15. Prior to issuance of any certificate of occupancy within the area proposed to be designated as LI and zoned M-1, Developer shall construct a masonry wall, not less than six feet high, on the Project site immediately adjacent to the southern perimeter of Vulcan's property (including the 30-foot strip to be granted to Vulcan pursuant to Condition 13 above). Developer, and all future owners of property(ies) where such wall has been installed, shall be responsible for maintaining such wall in good condition and repair. 16. Prior to issuance of any certificate of occupancy within the area proposed to be designated as HMR and zoned R-2 and/or the area proposed to be designated as MC and zoned C-2, Developer shall construct a masonry wall, not less than six feet high, on the Project site along the southern boundaries of the area proposed to be designated as MC and zoned C-2, all as shown on Figure 1 r·:'< ~. Page 23 of 32 .- s o ORI'~" ," Exhibit "C" Mitigation/Conditions of Approval GPAlZC 04-0057 attached hereto. The bottom of the wall shall be at grade level of the adjacent residences. Developer, and all future owners of the property(ies) where such wall has been installed, shall be responsible for maintaining such wall in good condition and repair. 17. Prior to issuance of any certificate of occupancy within the area proposed to be designated as LMR zoned R-2 (MH overlay) and/or the area proposed to be designated as MC and zoned C-2, Developer shall construct a masonry wall, not less than six feet high, on the Project site along the western boundary of the area proposed to be designated as MC and zoned C-2, all as shown on Figure 1 attached hereto. The bottom of the wall shall be at grade level of the adjacent structures. Developer, and all future owners of property(ies) where such wall has been installed, shall be responsible for maintaining such wall in good condition and repair. 18. Prior to issuance of any certificate of occupancy within the area proposed to be designated as LMR and zoned R-2 (MH overlay) and/or the area proposed to be designated as LI and zoned M-1, Developer shall construct either a 7-foot high masonry wall atop a 3-foot high earthen berm or a 10-foot high masonry wall on the Project site along the southern boundary of the area proposed to be designated as LI and zoned M-1, as shown on Figure 1 attached hereto. The bottom of the 3-foot high berm or the 10-foot high wall shall be at grade level of the adjacent residences. Developer, and all future owners of property(ies) where such wall has been installed, shall be responsible for maintaining such wall in good condition and repair. 19. Prior to issuance of any certificate of occupancy within the area proposed to be designated as MC and zoned C-2, the developer shall install a row of trees adjacent to the masonry wall required by Conditions 16 and 17 above, as shown on Figure 1 attached hereto. At the time of construction of the masonry wall required by Condition 18 above, Developer shall install a row of trees adjacent to such wall as shown on Figure 1 attached hereto. All such trees shall be planted and maintained in accordance with City site development, zoning and/or PCD standards, shall be spaced not more than 20 feet apart, and shall be of a size sufficient to exceed the height of the adjacent wall at full growth. Page 24 of 32 (\t:/' "'y' ,,:) ~, {, "ÿ,: (\ ;.. ~ c) nc'('~"'y" Exhibit "c" Mitigation/Conditions of Approval GPAlZC 04-0057 ~ (@i . . ï~ !I Iii :J<tOZ L-I! 9HUsno I!: :JSfI(J«lIll~:O I ~ -- ~~'2'""":'~''''''~''''¡~;~'''~~'''~''''''~.'''''~~':'~''~;~'''';.~;2~~''"«'"~~ I- -.J' I ¡¡ : ~ ~,,: 0...· Í1 ::::: , ,ª2 I '05" II ¡~ J. c:2':D GJ 15<3 I cD ~~ < Ii' I" ¡9 ~ ~~ ~~!I~ 'HI : :~~ ~ loJ-.I III ::s: ,,', I I (,j ~ ~~ ",' I .'H:' I~E: ~.....o Q~ :, "'.. : ~ ~J:::: ;::¡c, : ilk I ~ ''is ... ! C" I _ ~" 1\1~ 1 io~ i"l~rm ~~I .w,~ 'I '81;; ~ ~"I",' ÇltJ~L.JÇl ~:il ..... : 1.5:ì: , ~ y,;, tJ I tJ ~(.:) I ~'t!'"I" : <.ot..j 1 ~ð ~ .. : I ~ (JV) ! t.;., I : 5 JI , ~ 1 . ,¡¡ " " d5~ ! !rJ ~,NO~S_._~ L~_~ ~ 1 ~~Bi ¡I ~--~ ": ~~I I,¡ '--T'--'~i .....JL+_____ ~ I I II: I 1 i~ ~¡i¡ 0 ii 0 ¡¡ oiiLaJ I ¡i I q¡ UDB-~DB-i-g~~ tl!¡ I (¡¡, ~ I' II i j1 -'- I >-~! I I~ ,...,<1. " :1 ,!j '~-, I ~ ~ii¡l~ iI II~æ ~i;~ tilll' I ~. I idBI Ii : i~¡I~Bi I :i! i~~ ii' i'U) Ii: ~ _:;« _:--=_:::~:__ _:__ 1_-:-_ -n-1i-..=.=-__.=-- _J1 =- -.:...:-+=-:--=~~=-~...!...-_ I I _nnnn_____h _____n~_ --~:~~~~~~ _n~: -~:'::':'~~:~~:~- I ,~ -.I ,I ¡j ~ ~ §È~' ~ ~ 152 Šc V)0 ò:q: ~£: o..Q lo.J~ .....0:: ¡]", g~ ð~ l<...~ (HI) o<..J . s;¡; ")'« 10 I....¡ ~ '" ~ " ~ tE ;¡: ~ ð ð ~ ~ ~ ~ " " ~ ~ ~ ~ ;¡' ¡¡ Ò\ " " ~ ~" "~,, ~~~ C"~ ""~ '>,,¡¡ ~tj~ . "''' ,,"" -"'~ 3HOZV~SU(J :JsnONYIVI-J: 9I<I(g)(3 ~ ~ Ò\ " " " ~" ,,~~ ~~¡;g Q"'~ ~~'" afS~ "''"'' . ð!!l :2(,l)[:S 'IS. g >.~ ~ z « g ::;) > Z o 0 ~ ~ if¡ W ~ "'" Z W "'" z a: ~ «::;) ...J a: « (!) ~O:2: ü: WLL « 0 o z W I- ët >CIJ z ' ill 0 W üa:a: « 0 ...., LL o CIJ « 0 ...J (!) « ü ë: ~ 1$<1 .... 1>'&&'11 !õOOUL~/6 ð""''''1\CINf1[]~,O'':J\''''''''''~'' ~""' 5Qo) 1:21:&O'&000?\""'~..ou¡6"3\" Page 25 of 32 .'. \--- v Cr::.',L Exhibit "C" Mitigation/Conditions of Approval GPAlZC 04-0057 20. The developer shall construct a masonry wall, which shall be at least 6 feet high in all locations, on the Project site along the perimeter of the proposed residential area, except in such locations as higher walls are required by these conditions of approval. The wall may be constructed in sections, provided that each section shall be constructed prior to issuance of any certificate of occupancy for any residential unit within the development phase that includes such section of wall. Developer, and all future owners of property(ies) where such wall has been installed, shall be responsible for maintaining such wall in good condition and repair. 21. All residences constructed in the area proposed to be designated as LMR and zoned R-2 (MH overlay) shall be limited at all times to one story. This area of limitation is further illustrated in Figure 1 attached hereto. 22. The westernmost buildings in the proposed commercial center in the Project adjacent to the eastern boundary of Vulcan's property (a) shall be set back at least 60 feet from the eastern boundary of Vulcan's property, (b) shall be at least 30 feet in height, and (c) shall be designed and constructed so that walls facing Vulcan's property do not include any storefronts, all as shown on Figure 2 attached hereto. 23. Noise levels in residences within the Project site shall be further mitigated through the use of noise-reducing components adequate to reduce noise from nearby heavy industrial sites and operations, including but not limited to dual- paned windows and air conditioning. 24. The developer shall include the following disclosure provision in any grant deed to any grantee of any property within the Project site: Grantee hereunder acknowledges and agrees that the subject property is located in the vicinity of active industrial uses and operations, including the production of concrete, asphalt and other construction materials. Grantee also acknowledges that such operations are associated with potentially objectionable elements, including dust, noise, vibration, bright lights, unattractive visual appearance, hours of operation, and heavy truck traffic on Gosford Road, Panama Lane, McCutchen Road and other roads in the area. Grantee hereby covenants to include this same paragraph in any subsequent deed by Grantee of all or any portion of the subject property. Page 26 of 32 - I~,q!, Exhibit "C" Mitigation/Conditions of Approval GPAlZC 04-0057 , I I · , I I · ~ (gi . -' I: ~I 8 ~ I « .( §i 0' w (/) 8, 8 811 8 I I 8 · I I I I I . , W Ii I I L___ I .1 , . -- % %~ <J <~ üW '" ~~ ~ . I I I , I I . 'a. .¡ o m cè z Qi .... , () w (/) Z <C :3 ;:) > z ~ 0 f- ~ aJ w :::?i Z ~ ~ N ~oa:~ ~ w u.. <C ;:) C z(! f- a: u:: Z ' W C Ü a: <C 0 '"") u.. C (/) <c 0 ..J (! <c ü ¡¡: ~ Page 27 of 32 !Sd .... 11(1,.. ~oOl/tll6 eop,"'NIN'"(IS\a",)'o \H"...~n""'¡ loqo!'J - ~'O\~ , \Ç¡?\J\.[: 'f~]\" (f -'.\ Exhibit "C" Mitigation/Conditions of Approval GPNZC 04-0057 25. Conditions 13-24 above (a) shall be in addition to, and not in lieu of or substitution for, any other condition of approval or mitigation measure; (b) shall govern over any conflicting provision of any other condition of approval or mitigation measure; and (c) shall not be amended, modified or waived without at least one duly noticed public hearing by the City Council, and notice of such hearing shall include prior mailed notice to all owners or operators of all adjacent industrial properties. Nothing in Conditions 13-24 above or any other condition of approval or mitigation measure shall be deemed to confer any jurisdiction of the City over any such industrial properties prior to any annexation thereof. Added Conditions for Golden Empire Concrete: 26. Promptly upon annexation of the Project site into the City, subject to approval by City and County, to the extent such approval is required, Developer shall cause a three-way stop sign to be installed at the intersection of Gosford Road and McCutchen Road. 27. Upon recordation of the final map containing the 200th residential lot in the Project, Developer shall install a traffic signal at the intersection of Gosford Road and McCutchen Road. Developer acknowledges that Golden Empire Concrete retains the current access points from McCutchen Road and Gosford Road to its facility. 28. The median design along McCutchen Road, in the vicinity of the Gosford Road intersection, shall accommodate existing industrial and future commercial center development according to City standards, in consultation with the owners of the adjacent industrial properties and other adjacent property owners. 29. The commercial area in the southeast corner of the Project site proposed to be designated as GC and zoned as C-2/PCD shall be modified so that the area is 772.50 feet wide (east to west) and 515 feet in length (north to south), as shown on Figure 6 attached hereto, and more particularly described in Exhibit "A" attached hereto. 30. Developer shall install a stormwater collection sump in the southeast corner of the area proposed to be designated as LR and zoned as R-1 located west of the commercial area referenced in Condition 29, as shown on Figure 5 attached hereto. Page 28 of 32 '...' _~_=~~=-~_~~1=_-~ _':_ __~~~ I :,~~?::::_ ova' Q>KHSOÐ ò./ ...4 I ... ----- ~- =":i~::tj+~~. I ~:1E C) I Ct::~ t! I .,. .... C U"o I I I '~',¡ ~ß~~ I j I -- :',:; otn0:::0 I' I a..0()Z I I I oa..«~ I' a::~vô Q.a..C!: ~~~ ¡ 0 ,t:S I I , , I ~ ~ · · · · · · · · · · i L I , , I :_! I~ i e' ,~ 1 '~ i e, I~ ! I~ I g' I' 1 '~ ' ¡ I'~! I' Z I ~, I j 10 I ¡'Ij, i ~ I i :'(1 ¡I! i ,I , ' i I I i ,! ¡'I ¡ ¡ I i I· ¡ : i i ~ I j ¡ :! ¡I! I' ,I , ' : J ! !~I~ ! "'CNO! SS3t ÐOl:ld'~ I ! ~~~~~ ~-=~-~ - -~-=--=:-~ - --=-:~--=-~)}~~--~ +++~Ittttttt.¡+++tH+H+H+ttIt+++¡.lttttttti+++t++HI++Httli~ i ________________________qyJ>_~~~_~§~Q~______~___J : , I I! , 1 , , 8 I, I ... III ~ I, I " I! I ~ ,I, b I' I ~ I! I ,I, :! I I . I L ~ : :1 I I! i ~ ¡ " . ~ ~ ~ , i ~ " ¡ " . ~ .. , , I , ~--------------- I . ¡~ ~------------- ¡ ~ , o~ , ~- I E , , I (g c_ . , ~~ .' íl£ ~~ ~E " ~ Page 29 of 32 ~ ~ . ~ ~ o 5 '. ~~ ~ffi >< .~ ~- ;j¡., ,ð " . ð < õ ~ ~<'1-- ~ ~ ~ ., ~ ~ . ò " g. c.~ " o ~ ~ . ò " " « -i:: z~ 0:'; Fe ()Z w en . ò " ~ z z 0 o S !;;( w 52 Z !=~lO :2: <C w w cr::2: cr: en0<c :::::> OU.Z (!) z<CiL o C, w 0 en cr: - 0 > u. W en cr: 0 (!) . ò " B ~ \; " >- ,. Õ OR!'-' ---------------------:äf"-- '""'~""'~~, .-------------+---- OVÕI] a~;moo~:;r-:~--I·--.;;--·-·_·-- ---------- ---------m ' A----- /11 "'1 llGl'GS~3 NOiJ.~lS 1.J(1 DI3S"""""""-¡ I ~ i :II I ~ ¿ ~.JO.u.t:) L_~ ' I ~ ~ "'~ I ! I LLJ' g I Q:I..L.I I I I -'"- UCð I ¡I, . E38~: l' I _ ¡ ~V>o::o I 1 Q..OU~ I II Oc..<VI I a::0<vX a..g:~W I: Oil , ' ;r ~--------------- ~1 ! : ! i ' i I i : ¡ I i : I " ~ i ~ , i i i i ~ : j : ~ I! I '" ·1. ! ¡Ii . ~ ~ e " ; ~ ~ " MJ'f'ONfI0831"'lKkMJIX) rIl3~lJJ)N8:JO J..lO~SIX3 « ~ :~ ~ ó z :g la . ¡~ , < r--n-nn---- ~ ~ ~~ ¡;;- 5 '0 'ð Iffi '13 i~ '" ~ (@ ~ ~ 1 i i ._ I ( ~ ~ ~ ! "'OVO ' SS31:mOYd~~ -------~------------- ~::~~:;>~=~~>~~~>~-=~ :~l ________________________~_bO~~_~~O~______~___J : , I I! ~ ~~ « í~ ". 0- ~Ei 5 Page 30 of 32 j¡ ~ ~ j¡ " ó " . ó " ;, ~ ., ~ . . '. ;, ~ !1~ ~ §~ ~ >0 « '. ~~ .;: ,¡ ;1;" Z ! .! ~ 0 . t3 e w (f) Ginn I k-: .~t__ ~ " . ó " ~ < . .1 ð ..J « U a:..J UJ ë:j ::!EO to ::!E a.. w 00 a: Ua: :::I C a.. <!J ~ ¡;s ¡¡: Za: w« f- X W 9 r ;~ 1:.: <-; ,,' ,- C ..~·ql-':~,I/'I Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 31. Prior to issuance of any certificate of occupancy of any residence within 800 feet of the centerline of McCutchen Road, Developer shall install landscaping within an additional setback strip at least 10 feet wide adjacent to the northern side of the ultimate McCutchen Road right-of-way, as shown on Figure 5 attached hereto. Developer shall further install appropriate irrigation systems for all such landscaping. Developer, and all future owners of property(ies) where such landscaping and irrigation systems have been installed, shall be responsible for maintaining such landscaping and irrigation systems in good condition and repair. 32. Prior to issuance of any certificate of occupancy of any residence within 800 feet of the centerline of McCutchen Road, Developer shall construct either a 7-foot high masonry wall atop a 3-foot high earthen berm or a 10-foot high masonry wall on the Project site along the northern and western boundary of the commercial center referenced in Condition 29, and on the northern portion of the 10-foot setback provided pursuant to Condition 31, all as shown on Figure 5 attached hereto. The bottom of the 3-foot high berm or the bottom of the 10-foot high wall shall be at grade level of the adjacent residences. The Developer, and all future owners of property(ies) where such wall and/or berm has been installed, shall be responsible for maintaining such wall and/or berm in good condition and repair. 33. Except as otherwise provided in Conditions 31 and 32 above, Developer shall construct a masonry wall, which shall be at least 6 feet high in all locations, on the Project site along ihe perimeter of the proposed residential area. The wall may be constructed in sections, provided that each section shall be constructed prior to issuance of any certificate of occupancy for any residential unit within the phase that includes such section of wall. Developer, and all future owners of property(ies) where such wall has been installed, shall be responsible for maintaining such wall in good condition and repair. 34. All residences constructed in the area marked "single story homes" on Figure 5 attached hereto shall be limited at all times to one story. 35. In the event Golden Empire Concrete elects to install any sound muffling on or around any equipment or facilities on its plant site, Developer shall promptly reimburse Golden Empire Concrete for up to $20,000 of the costs incurred therefor. 36. Noise levels in residences within the Project site shall be further mitigated through the use of noise-reducing components adequate to reduce noise from nearby heavy industrial sites and operations, including but not limited to dual- paned windows and air conditioning. , Page 31 of 32 r; ,- C-:. ;r-;!,~!t,U\1 Exhibit "C" Mitigation/Conditions of Approval GPA/ZC 04-0057 37. The developer shall include the following disclosure provision in any grant deed to any grantee of any property within the Project site: Grantee hereunder acknowledges and agrees that the subject property is located in the vicinity of active industrial uses and operations, including the production of concrete, asphalt and other construction materials. Grantee also acknowledges that such operations are associated with potentially objectionable elements, including dust, noise, vibration, bright lights, unattractive visual appearance, hours of operation, and heavy truck traffic on Gosford Road, Panama Lane, McCutchen Road and other roads in the area. Grantee hereby covenants to include this same paragraph in any subsequent deed by Grantee of all or any portion of the subject property. 38. Conditions 26-37 above (a) shall be in addition to, and not in lieu of or substitution for, any other condition of approval or mitigation measure; (b) shall govern over any conflicting provision of any other condition of approval or mitigation measure; and (c) shall not be amended, modified or waived without at least one duly noticed public hearing by the City Council, and notice of such hearing shall include prior mailed notice to all owners or operators of all adjacent industrial properties. Nothing in Conditions 26-37 above or any other condition of approval or mitigation measure shall be deemed to confer any jurisdiction of the City over any such industrial properties prior to any annexation thereof. MO:djl S:\GPA 2nd 2005\04-0057 Panama-Gosford EIR\Env Doc\Exh C .doc Page 32 of 32 <t. 'òf\K~1 o ~ >- - .... m _ T- o (;) ORIGINAL -_.__.-.+._~-- EXHIBIT D Statement of Facts and Findings ~ ~l\Kt1> a ~ :>.. - .... m - T- 1..) Ö ORiGiNAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 EXHIBIT "D" STATEMENT OF FACTS AND FINDINGS I. INTRODUCTION The following statement of facts and findings have been prepared in accordance with the California Environmental Quality Act (CEQA) and Public Resources Code Section 21081. CEQA Guidelines Section 15091 provides that: "No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: The following potential significant impacts of the proposed Project have been separated into three categories: (1) Those potential impacts that have been determined to be less than significant, based on review of available information in the Project record, and in consideration of existing standard development review requirements and existing codes and regulations; (2) Those potential impacts that could be mitigated to a level that is considered less than significant with the implementation of the recommended mitigation measures; and (3) Those potential impacts that could not be reduced to a less than significant level with the implementation of the existing policies and standards and the recommended mitigation measures. For potentially significant impacts (categories (2) and (3) above), the City of Bakersfield ("City") has made one of the following three findings for each potentially significant impact and provides facts in support of each finding in accordance with CEQA Guidelines Section 15091: a. Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment. b. Those changes or alterations required in the Project to mitigate or avoid significant environmental effects are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. c. Specific economic, social, or other considerations make infeasible the mitigation measures or Project alternatives identified in the final environmental impact report. " The Final EIR for the Gosford/Panama Annexation identifies certain significant environmental effects which may occur as a result of the Project. Therefore, findings are set forth herein pursuant to Section 15091 of the CEQA Guidelines. The Summary of Mitigation Measures is ~ <ò!\Ké:'1 based in part on the requirements contained in Section 21081.6 of the Public Resources Code a ~ (see Exhibit B). A Mitigation Monitoring Program will be adopted as part of the Resolution. ~ {!l () r:;, ORIGINAL JN 10-103584 1 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 II. PROJECT DESCRIPTION The proposed Project involves actions necessary for a General Plan Amendment (GPA) No. 04- 0057, zone change, and annexation of approximately 300 acres within unincorporated Kern County (County) into the corporate limits of the City of Bakersfield (City). The proposed Project is situated within the current Sphere of Influence (SOl) boundary identified in the Metropolitan Bakersfield General Plan (General Plan). The annexation, GPA, and zone change would permit development of residential areas (including mobile home sites) a regional retail and neighborhood retail sites, and related industrial service uses. The residential development would comprise approximately 1,350 single- and multiple-residential units. The retail services would be approximately 65,000 square feet of neighborhood retail and 588,000 square feet of regional retail. Approximately 20 acres of the Project site would comprise light industrial uses and other supporting services. A 55-acre commercial development is proposed for the northeastern corner at the Gosford Road and Panama Lane intersection and is planned for regional retail services that include adequate parking and access. Portions of the Stine Canal and Branch Two Canal owned and operated by the Kern Delta Water District would be covered and relocated as part of future on-site improvements. The proposed concept calls for the canals to be combined into a single pipeline from approximately 300 feet south of Panama Lane to approximately 1,980 feet south of Panama Lane, parallel to the western side of Gosford Road. The on-site portion of the Stine Canal, at 1,980 feet south of Panama Lane, would be reconstructed as either an unlined channel or a pipe and would run due west to a connection with the existing Branch Two Canal. The Branch Two Canal would continue south in a pipeline adjacent to the western side of Gosford Road to a point approximately 3,800 feet south of Panama Lane, where it would turn east and connect to an existing crossing of Gosford Road. The abandoned portions of the Stine Canal and Branch Two Canal would be filled. The Project would also include the construction of water facilities, including a minimum of two water wells and appurtenant facilities to be owned and operated by the City. An amendment to the General Plan's Circulation Element is also proposed as part of the Project. The amendment would reciassify Progress Road between Panama Lane and McCutchen Road from a collector roadway to a local street. The City's local street classification allows for an ultimate 36 to 44-foot cross-section and 60-foot wide right-of-way, with two travel lanes. For this Project, the analysis assumes that the full right-of-way (ROW) width of 60 feet would be annexed to accommodate the improvement of Panama Lane, Gosford Road, and McCutchen Road adjacent to the Project site, to City of Bakersfield arterial standards. III. FINDINGS WITH RESPECT TO SIGNIFICANT EFFECTS The City of Bakersfield, as Lead Agency and decision-maker for the Project, has reviewed and considered the information contained in both the Draft and Final EIRs prepared for the Gosford/Panama Annexation Project and the public record. The Lead Agency makes the following finding pursuant to CEQA and the CEQA Guidelines: 1. The City of Bakersfield, as Lead Agency and decision-makers, having reviewed and considere,d the information contained in the Draft and Final EIRs prepared for the Gosford/Panama Annexation Project and public records. finds that ilK changes or alterations to the Project will avoid or substantially lessen potentially çj< ~ f1<J' .>- '" >- m _ T- t) () ORIGINAL 2 of 58 June 2005 JN 10-103584 Gosford/Panama Annexation Project GPAlZC No. 04-0057 significant environmental impacts. These changes or alterations are related to the implementation of the mitigation measures detailed in this document. 2. The City of Bakersfield, as Lead Agency and decision-makers, having reviewed and considered the information contained in the Draft and Final EIRs prepared for the Gosford/Panama Annexation Project and the public record, finds that there are specific economic, social, or other considerations which make the mitigation measures for Agriculture and Aesthetics, Light, and Glare in the Draft and Final EIR's infeasible. 3. The City of Bakersfield, as Lead Agency and decision-makers, finds that significant and unmitigable impacts on Agriculture and Aesthetics, Light, and Glare may occur with future development in conjunction with implementation of the Gosford/Panama Annexation Project. This finding requires that the Lead Agency issue a "Statement of Overriding Considerations" under Section 15093 and 15126(b) of the State CEQA Guidelines if the Lead Agency wishes to proceed with approval of the Project. IV. FINDINGS WITH RESPECT TO THE ENVIRONMENTAL REVIEW PROCESS The City of Bakersfield, acting as Lead Agency for the environmental review of the Project, makes the following findings with regard to the environmental review process undertaken to analyze the potential environmental impacts of the Project: 1. In accordance with Section 10563(a) of the CEQA Guidelines, as amended, the City of Bakersfield undertook the preparation of an Initial Study. The Initial Study determined that a number of environmental issue areas may be impacted by the construction and implementation of the Project. As a result, the Initial Study determined that the Draft EIR should address the Project's significant impacts. 2. Pursuant to the provisions of Section 15082 of the State CEQA Guidelines, as amended, the City of Bakersfield, as Lead Agency, circulated a Notice of Preparation (NOP) to public agencies, special districts, and members of the public requesting such notice for a 30-day period commencing on September 27, 2004, and concluding on October 26, 2004. 3. During the circulation period for the Notice of Preparation, the City of Bakersfield, as Lead Agency, advertised and conducted a public scoping meeting on October 21, 2004 at the City of Bakersfield City Hall Council Chambers in the City of Bakersfield. 4. A Draft EIR was prepared which analyzed project-related impacts related to the following environmental issue areas: agriculture, public health and safety, aesthetics/light and glare, traffic and circulation, noise, air quality, biological resources, cultural resources, and public services and utilities. Growth-inducing impacts, project alternatives and cumulative effects were also analyzed in the Draft EIR. 5. During the Draft EIR's public review period, which began on December 17, 2004 and concluded on January 31, 2005, the City of Bakersfield held a noticed public hearing on Janua;y 6, 2005 regarding the Draft EIR. The public was afforded the opportunity to orally comment on the Draft EIR at the public hearing, and the JN 10-103584 3 of 58 June 2005 ,<~Mt1 o ~ ~ ¡;; - r- <:> r:;, ORIGINAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 testimony was considered by the decision-makers. Upon the close of the public review period, the Lead Agency proceeded to evaluate and prepare responses to all written comments received from both citizens and the public agency during the public review period. 6. The aforementioned comments and responses and other information consistent with the requirements of Section 15132 of the State CEQA Guidelines, as amended, comprise the Final EIR. Following completion of the Responses to Comments document, the Lead Agency's responses to the comments received from the public agencies were transmitted to those public agencies for consideration at least 10 days prior to the Final EIR's certification. V. FINDINGS REGARDING IMPACTS DETERMINED TO BE INSIGNIFICANT IN THE INITIAL STUDYINOTICE OF PREPARATION The City of Bakersfield conducted an Initial Study in September 2004, to determine significant effects of the project. In the course of this evaluation, certain impacts of the project were found to be less than significant due to the inability of a project of this scope to create such impacts or the absence of project characteristics producing effects of this type. The effects determined not to be significant are not included in primary analysis sections of the Draft EIR. AESTHETICS. Would the proposal: Have a substantial adverse effect on a scenic vista? As with all of Metropolitan Bakersfield, the proposed Project site is relatively level, with no significant topographic relief or features. The area to the north and southeast of the proposed Project is developed with no visual access to scenic areas. Furthermore, industrial uses exist to the northwest and southeast. The site is not designated as a scenic vista or located along a designated scenic highway, as defined by the Metropolitan Bakersfield General Plan. Therefore, Project implementation would not have a substantial adverse effect on a scenic vista. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? The proposed Project site is occupied by agricultural fields. No scenic resources, including trees, rock outcroppings, and historic buildings, are located on or near the proposed Project. Therefore, impacts in this regard would be less than significant. Substantially degrade the existing visual character or quality of the site and its surroundings? The existing residential uses to the northeast would experience view alterations. Current views would be changed by the potential raising of perimeter walls, landscaping, and/or street lights. Construction on-site would alter the visual character of the existing site. However, the proposed Project would not substantially degrade the existing visual character or quality of the site or its surroundings. An asphalt batch plant and cement company are located at the northwestern corner of Panama Lane and Gosford Road. A concrete and cement plant is also located to the south, along McCutchen Road. Impacts in this regard would be less than significant. JN 10-103584 4of58 '< 'OAK",?> () ~ >- - , m _ T- o (;) June 2005 ORI(O!NAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Light and glare are currently generated from vehicular uses along Panama Lane and Gosford Road. The proposed Project would include typical street lighting, construction lighting (if necessary), and increased light and glare from motor vehicles within the Project area. Compliance with City of Bakersfield standard design practices would minimize light and glare impacts. No significant impacts are anticipated. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Create objectionable odors affecting a substantial number of people? Construction activities associated with the Project may generate detectable odors from the engine exhaust emissions of heavy-duty equipment. Odors associated with diesel and gasoline fumes are transitory and would not create objectionable odors affecting a substantial number of people. The impacts of these odors would be short-term, would cease upon Project completion, and are not anticipated to be significant. BIOLOGICAL RESOURCES. Would the project: Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No federally protected wetlands occur on-site. Therefore, impacts are less than significant. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No locally designated natural communities as referenced in the Metropolitan Bakersfield General Plan's Conservation Element have been identified for the Project site. Additionally, the Project site would comply with the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Impacts are anticipated to be less than significant. CULTURAL RESOURCES. Would the project: Disturb any human remains, including those interred outside of formal cemeteries? There are no known formal cemeteries in the Project vicinity. A cultural resources assessment will be prepared to determine whether any human remains are interred outside of formal cemeteries. GEOLOGY AND SOILS. Would the project: Result in substantial soil erosion or the loss of topsoil? Most of the soil on the Project site is classified as Kimberlina fine sandy loam soil on 0 to 'òAKf 2 percent slopes. The Kimberlina soil is deep, well drained, alluvial fans derived from ~ 1", :>- ':!: .... m - T- o (;) JN 10-103584 5 of 58 June 2005 ORIGINAL ----------_..--. ----_._-~.__._.._-~-~_.-..._---~_.- Gosford/Panama Annexation Project GPAlZC No. 04-0057 granite and sedimentary rock. The vegetation areas not cultivated are mainly annual grasses, native and non-native forbs, and shrubs. Clearing and grading for construction may expose soils to short-term wind and water erosion. Implementation of erosion control measures as required by the City and adherence to all requirements set forth in the National Pollutant Discharge Elimination System (NPDES) permit for construction activities would ensure that any such impacts are less than significant. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? The proposed Project involves actions necessary to annex approximately 300 acres into the City of Bakersfield, including a GPA and ZC, which do not have the capacity to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No existing or proposed schools are located within one-quarter mile of the proposed Project site. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The proposed Project site is not located within 2 miles of a public airport or public use airport. Therefore, a safety hazard is not expected as a result of the proposed Project. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Refer to response, above. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The proposed Project development would ultimately result in regional and neighborhood commercial centers and 1,350 dwelling units. A Traffic Management Plan (TMP) would be implemented to ensure than construction does not interfere with any emergency response or evacuation plans. The TMP and, if necessary, other traffic control M measures, are described in Section 5.5 of this EIR. v'ò lò1>o c)' u..¡.. ~ - .... m - l"- ."' D June 2005 ORIGINAL 60f58 JN 10-103584 Gosford/Panama Annexation Project GPAJZC No. 04-0057 Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed Project site is located in an agricultural setting with less than significant potential for wildland fires. Much of the existing vegetation would be removed with implementation of the proposed Project thus reducing potential impacts in this regard. HYDROLOGY AND WATER QUALITY, Would the project: Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? The anticipated development of the Project site would add impervious surfaces to the site and increase the amount of stormwater exiting the site. The development would include the construction of on-site sumps to reduce peak flows and the expansion of all storm drain facilities that would be required to serve the site. Less than significant impacts on drainage facilities are expected to occur. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Refer to response, above. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Construction of proposed development may result in minor changes in the amount of runoff due to the impermeable surface area of the Project. Surface runoff velocities, volumes, and peak flow rates would increase as well. The anticipated development would not have the capacity to create or contribute runoff water that would exceed the capacity of planned stormwater drainage systems. Less than significant impacts are anticipated in this regard. Otherwise substantially degrade water quality? Discharge from the proposed Project through stormwater facilities would consist of non- point sources. Stormwater quality is generally affected by the length of time since the last rainfall, intensity of rainfall, urban uses of the area, and the quantity of transported sediment. Typical urban water quality pollutants usually result from motor vehicle operations, oil and grease residues, and careless material storage and handling. Most pollutant loads are usually washed away during the first flush of the storm occurring after the dry-season period. Less than significant impacts are anticipated in this regard. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? The proposed Project site is outside the 100-year flood hazard area as mapped on ~ ~Mf--9 Federal Flood Hazard Boundary or Flood Insurance Rate Map. No impacts ar'è ~ >- iÍÍ _ T- ) r:;, JN 10-103584 7 of 58 June 2005 ORIGINAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 anticipated in this regard. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Refer to response, above. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Isabella Dam, which is located approximately forty miles northeast of Bakersfield, has a capacity of 570,000 acre-feet of water. If an earthquake were to occur in the vicinity, it could result in a break in the dam. This could, under certain conditions, cause the entire lake storage to be released, which would flood 60 square miles of the Metropolitan Bakersfield area. As a result of the possible dangers associated with Isabella Dam, on May 1, 1985, the City of Bakersfield entered the Regular Phase of the National Flood Insurance Program (NFIP) as administered by the Federal Emergency Management Agency (FEMA). Compliance with the NFIP and FEMA would result in less than significant impacts. Inundation by seiche, tsunami, or mudflow? There are no large bodies of open water located on or adjacent to the proposed Project site which may result in seiche or tsunami hazards. Hazards involving tsunamis, seiche, or mudflows are not expected to affect the development. LAND USE AND PLAN~ING. Would the project: Physically divide an established community? The proposed Project would not divide the physical arrangement of a community. The surrounding vicinity consists mostly of vacant land or agricultural land. The nearest community is residential development located to the northeast of the Project site. MINERAL RESOURCES. Would the project: Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? As indicated in the Metropolitan Bakersfield General Plan, there are no mineral resources that would be of value located within the proposed Project site. No impacts are anticipated in this regard. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Refer to response, above. NOISE. Would the project result in: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project IN 10-103584 8 of 58 June 2005 . '¢J>.K,t", Ö' ''(r "" >- - _ m T- O r:;, ORIGINAL Gosford/Panama Annexation Project GPA/ZC No. 04-0057 expose people residing or working in the project area to excessive noise levels? The proposed Project site is not located within an airport land use plan or within two miles of a public airport or public use airport. Therefore, Project implementation would not expose people residing or working in the Project area to excessive noise levels. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The proposed Project site is not located within the vicinity of a private airstrip. Therefore Project implementation would not expose people residing or working in the Project area to excessive noise levels. POPULATION AND HOUSING. Would the project: Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? The proposed Project would not involve the displacement of housing. Currently, the site is used for agriculture. The proposed Project would result in future development of housing and residential units. No impacts in this regard would occur. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Refer to response, above. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? The increase of homes and commercial uses in the Project area may be expected to place increased demands upon fire services. Section 5-10 of this EIR reviews emergency services and recommends any mitigation, as determined necessary, to further reduce potential impacts on fire services. Police protection? The City of Bakersfield Police Department provides law enforcement and public safety services for the entire City. As with fire services, the potential increase of homes in the area may be expected to place increased demands upon police services. The EIR will review police services and will recommend applicable mitigation measures. Schools? Development of the proposed Project would directly impact school facilities in the Project {(¡I<¡¡¡;:- area. The proposed Project would be required to contribute to impacted school districts ~ "1æ :>.. ';1 I- ", õ G JN 10-103584 9 of 58 June 2005 ORIGiNAL GosfordJPanama Annexation Project GPAlZC No. 04-0057 certain development impact fees in accordance with Section 65995 of the Government Code for the proposed residential uses. Following compliance with existing regulation, no significant impacts on schools are anticipated from Project development. The EIR reviews impacts on school facilities in Section 5-10. Parks? Future development of the Project site will create a demand for new parks and recreational facilities. Residential projects within the City of Bakersfield are required to provide 2.5 acres of new parks for every 1,000 projected additional persons according to the Metropolitan Bakersfield 2010 General Plan. At the discretion of the City, the Applicant would be required to dedicate land, pay applicable fees in accordance with the parks standard, or provide a combination of parkland dedication and payment of fees. The EIR reviews impacts and requirements for fees andlor parks and recreation dedication for the future development. Other public facilities? Because of the size and scope of the proposed significantly affect other governmental agencies. anticipated in this regard. Project, implementation would not Less than significant impacts are RECREATION. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Refer to Response under "Public Services" above. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Refer to Response under "Public Services", above. TRANSPORTATION/TRAFFIC. Would the project: Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The proposed Project would not affect air traffic patterns and would not result in safety risks to air traffic. Result in inadequate emergency access? The Project would be subject to design review by the fire and police departments to ensure that adequate emergency access is provided. The City's standard review procedures prior to issuance of grading permits would reduce impacts to a less than significant level. Result in inadequate parking capacity? IN 10-103584 10 of 58 'òP-.Kf:,c, ¿. '0> '" ,. - m ._ r-- June 200s-:'OR GINA~ Gosford/Panama Annexation Project GPAlZC No. 04-0057 Proposed development must meet City parking standards. No significant parking impacts specific to this Project have been identified. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The proposed Project would not conflict with adopted policies, plans, or programs supporting alternative transportation. UTILITIES AND SERVICE SYSTEMS. Would the project: Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Existing solid waste collection services for residential uses are provided within the City of Bakersfield by the City Sanitation Division. All solid waste generated in the City is disposed of in County operated landfills. Future development anticipated in the Project site is not expected to significantly affect existing facilities. Comply with federal, state, and local statutes and regulations related to solid waste? Refer to response, above. VI. FINDINGS REGARDING EFFECTS DETERMINED TO BE INSIGNIFICANT OR LESS THAN SIGNIFICANT The City of Bakersfield finds that based on substantial evidence appearing in the Final EIR, Technical Appendices and in the administrative record, that the proposed Project would have insignificant or less than significant impacts in the following areas. LAND USE AND RELEVANT PI.ANNING Land Use Compatibility On-site 5.1-1 Implementation of the proposed Project would result in the phased elimination of agricultural operations as planned land uses are developed, thus resulting in potential land use conflicts between urban uses and ongoing agricultural activities. As discussed in Section 5.2, AGRICUL TURE, compliance with local, State and Federal policies and standards would reduce impacts to less than significant levels. Facts Supportina Findina The phasing of the Project construction allows agricultural activities to continue on-site. In order for agricultural operations to continue while phases of the Project site are gradually developed, adequate buffers and setbacks need to be established. Pursuant to Section 17.08.150 (A) of the Bakersfield Municipal Code, residential structures shall be set back a minimum of 50 feet from all agricultural zones. As described in Section 5.2, AGRICULTURE, adherence to the Bakersfield Municipal Code would reduce 'ò~I(", compatibility impacts on less than significant levels with the development of physical cJ '1<1' buffer zones. >- ':!: .... m - T- " <:> ORIGINAL JN 10-103584 11 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 Relevant Planning Policies Consistencv with General Plan Policies 5.1-3 The proposed Project would require an amendment to the Metropolitan Bakersfield General Plan and a concurrent change to the City of Bakersfield Municipal Code zoning designation. This would result in a change of approximately 300 acres into residential, commercial, and light industrial uses. The Project has been reviewed for consistency with goals and policies as set forth in the Metropolitan Bakersfield General Plan. Analysis has concluded that impacts are less than significant and no mitigation is required. Facts Supportina Findina Overall, Project implementation would not conflict with the land use plan, goals, and strategies of the Metropolitan Bakersfield General Plan. Page 11-2 of the General Plan states that new development on the periphery of urban Bakersfield is to be focused in five new mixed-use activity centers located in the southwest, northwest, and northeast. It is expected that the southwestern center would include a mix of professional office and retail uses with moderate-density residential, and would filter outwards to lower suburban-type densities. The General Plan identifies a new mixed-use center north of the Project area. The General Plan states that actual land use designations for the southwestern center and the areas around it are to be determined through a more detailed land use and environmental analysis. An in-depth analysis of the southwestern center is warranted because of its growth potential and its related impacts, including impacts on prime agricultural lands. This Program EIR meets the intent of this General Plan recommendation for the southwestern area. The analysis contained in Appendix 15.9 concludes that there are no significant consistency impacts of the proposed Project associated with the Metropolitan Bakersfield General Plan goals and policies. It should be noted that the Project's consistency with the SJVAPCD AQAP is addressed in Section 5.7, AIR QUALITY, and farmland conversion impacts are addressed in Section 5.2, AGRICULTURE. Consistencv with LAFCo Policies 5.1-4 Implementation of the proposed Project would require annexation of the total Project site into the City of Bakersfield (300 acres) thus requiring a project consistency analysis regarding policies enforced by the Kern County Local Agency Formation Commission. This is considered a less than significant impact because the proposed Project would be considered consistent with applicable Kern County LAFCo policies and guidelines. Facts Supportina Findinas In that the proposed Project seeks to annex the site from the County of Kern and modify the Metropolitan Bakersfield General Plan through an amendment to the Metropolitan Bakersfield General Plan land use designation, Circulation Element, and Municipal zoning designation, particular focus is given to the goals and policies of the Kern County LAFCo (refer to Appendix 15.9, GOALS AND POLICY ANALYSIS). The analysis contained in Appendix 15.9 concludes that there are no significant consistency impacts JN 10-103584 12 of 58 June 2005 :< 'ò~K(1: () ~ >- - .... m _ T- O r:;, OOIGINAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 of the proposed Project associated with relevant Kern County LAFCo goals and policies. No additional mitigation would be required. Pursuant to Section 1.2 of the Kern County LAFCo Procedures, Standards, and Policies for the Evaluation of Proposals, the City shall submit a plan for providing services within the annexation area and demonstrate that services can be provided within a timely and financially feasible manner. The effects of the proposed Project upon the City of Bakersfield public services are described in Section 5.10, PUBLIC SERVICES AND UTILITIES. Consistencv with the Circulation Element 5.1-5 Implementation of the proposed Project would include an amendment to the City's Circulation Element to eliminate Progress Road between Panama Lane and McCutchen Road as a collector roadway. This is considered a less than significant impact because the proposed Project includes mitigation measures to ensure that the roadway achieves the City's Circulation Element goals and policies for an arterial roadway. Facts Supportinq Findinq Progress Road borders the western edge of the proposed Project and, upon Project implementation, annexation of the entire width of the road adjacent to the site will occur. Progress Road has already been eliminated as a collector roadway north of Panama Lane, in the midst of substantial commercial, industrial and residential development, so its reservation as a collector roadway south of Panama Lane would not provide for meaningful connectivity to the north of the project. Ingress and egress off of Panama Lane to Progress Road would also be better served by the elimination of Progress Road as a collector roadway. Only right turns into Progress Road off of Panama Lane and right turns onto Panama Lane from Progress Road would be provided for with a local roadway. The elimination of Progress Road as a collector roadway and its reclassification to a local street would not necessarily mean its entire elimination of use as a full 2-lane roadway in the future. The Circulation Element does not designate local streets and reserve their rights-of-way for future expansion. The project applicant is entirely willing to accept as a condition of approval to provide the full 2-lane roadway ROW required for a local street in order to provide for adequate circulation in the future. This would serve to mitigate future traffic impacts along Progress Road for existing and future users. The City would be responsible for all improvements, maintenance, and service to this street. All City goals and policies would be achieved with Project implementation. No additional mitigation measures would be required (refer to Section 5.5, TRAFFIC AND CIRCULATION). Consistency with Regional Plans 5.1-6 Implementation of the proposed Project will be consistent with area-wide environmental plans. Analysis has concluded that less than significant impacts would occur in this regard. Facts Supportinq Findinqs JN 10-103584 13 of 58 June 2005 '< 'ò1l}(¿:-1 o ~ >- - ~ ¡:!: o c ORIGiNAL ---~,.-_...._..._------- Gosford/Panama Annexation Project GPAlZC No. 04-0057 The proposed Project was reviewed and determined to be consistent with the following regional plans: Metropolitan Bakersfield Habitat Conservation Plan, Air Quality Attainment Plan, Bikeways Plan, Emergency Response Plan, Regional Transportation Plan, County of Kern Solid Waste Management Plan, and the County of Kern Hazardous Waste Management Plan. Air Quality Attainment Plan As the Project proposes to amend the Metropolitan Bakersfield General Plan land use designation to allow industrial, commercial, and residential uses as opposed to agricultural uses (the current land use designation and zoning designation), the AQAP anticipated growth of the population and economy within the Basin. The AQAP predicted the workforce in Kern County to increase along with a 2.2 percent population increase to the year 2030. Thus the proposed Project can be viewed as a continued growth element anticipated by the AQAP (refer to Section 5.7, AIR QUALITY, for further discussion). Bikeways Plan The proposed Project would not affect the City's Bikeways Plan. Bike lanes would be implemented as appropriate along roadways when full improvements are completed. Regional Transportation Plan The Project would involve the implementation of roadway improvements, such as the installation of traffic signals and the widening of roadway segments andlor intersections on a fair-share basis. These improvements are not inconsistent with the policies or planned Projects of the RTP (refer to Section 5.5, TRAFFIC AND CIRCULATION, for further information. Solid Waste Management Plan Solid waste disposal shall be in accordance with the County's Solid Waste Management Plan. Refer to Section 5.10. PUBLIC SERVICES AND UTILITIES. Metropolitan Habitat Conversation Plan The Project site is located within the permitted area of the MBHCP. The MBHCP addresses mitigation and compensation for the loss of endangered species habitat and impacts on endangered species within the Metropolitan Bakersfield area. The development of the site would require the payment of mitigation fees for the preservation of natural habitat areas in the area (refer to Section 5.8, BIOLOGICAL RESOURCES). Hazardous Waste Management Plan The proposed Project would not handle or dispose of hazardous wastes on-site other than common household chemicals used for cleaning. The Project site is not located in an area that has been designated as a candidate site or facility for hazardous materials disposal, and thus is not subject to the policies in the Hazardous Waste Management Plan (refer to Section 5.3, PUBLIC HEALTH AND SAFETY). Cumulative Impacts JN 10-103584 14 of 58 '<. 'ò1\K~-9 C) ~ >- - '-- g: June 2005° ORIGINAE' Gosford/Panama Annexation Project GPAlZC No. 04-0057 5.1-7 The proposed Project, combined with other future development, may increase the intensity of land uses in the area. Significance: Analysis has concluded that impacts are anticipated to be less than significant and no mitigation is required. Projects will be evaluated in accordance with the Metropolitan Bakersfield General Plan and on a project-by-project basis. Facts Supportinq Findinqs The anticipated Project impacts in conjunction with cumulative development in the site vicinity would increase urbanization and result in the loss of open space and agricultural lands in the local vicinity (refer to Section 5.2, AGRICULTURE, for a discussion on cumulative agricultural loss). Potential land use impacts are site-specific, and require evaluation on a case-by-case basis. This is true with regard to land use compatibility impacts, which are generally a function of the relationship between the interactive effects of a specific development site and those of its immediate environment. In that development within the southwestern planning area is anticipated to occur in accordance with the Metropolitan Bakersfield General Plan and attendant zoning classifications. potential cumulative effects upon land use and planning are not anticipated to be significant. AGRICULTURE 5.2-3 As phases of the proposed Project are developed, future residents may be impacted by adjacent farming activities, which may include noise associated with harvesting, blowing dust and pesticide applications. Compliance with local, State, and Federal policies and standards, as discussed below, would reduce impacts to less than significant levels. Facts Supportinq Findinq Development phasing, which accommodates the market demands as well as the existing crop cultivation and harvest scheduling, would allow the continued use of prime agricultural land on the Project site until buildout of the Project site occurs. However, conflicts may arise from the infringement of the new residential uses adjacent to ongoing agricultural activities. Such impacts can extend up to one-half mile. thereby affecting off- site farming operations. Existing restrictions and limitations placed on the grower, such as noise attenuation standards, air pollution control measures, and pesticide/fertilizer application practices, would minimize the level of significance of impacts. Similarly, the construction of residential subdivision is also regulated by local and State development standards, which include buffer and setbacks from adjacent agricultural operations pursuant to adopted policies set forth by the City of Bakersfield. (Section 17.08.150 (a) of the Bakersfield Municipal Code requires that residential structures be set back a minimum of 50 feet from agricultural zones.) Other standards include traffic, noise, and air quality mitigation to lessen the impact on the existing land uses (for further discussion refer to Sections 5.5, TRAFFIC AND CIRCULATION, 5.6, NOISE, and 5.7 AIR QUALITY). PUBLIC HEALTH AND SAFETY Short·term Construction !<. ~Mf-? Project construction activities do not have the potential to create a significf!ìt 'S ~ ~ ,." C> 15 of 58 June 20050RIGlNAL 5.3-2 JN 10-103584 Gosford/Panama Annexation Project GPAlZC No. 04-0057 hazard to the public through foreseeable upset accidental conditions. Less than significant impact. Facts Supportinq Findinq Project construction activities are not anticipated to result in a significant release of hazardous materials into the environment. However, during Project construction, there is a possibility of accidental release of hazardous substances, such as spilling petroleum- based fuels used for construction equipment. The level of risk associated with the accidental release of hazardous substances is not considered significant because of the small volume and low concentration of hazardous materials utilized during the construction phases. The project contractor would be required to use standard construction controls and safety procedures that would avoid and minimize the potential for accidental release of such substances into the environment. Standard construction practices would be observed such that any materials released would be appropriately contained and remediated as required by local, State, and Federal law. Hazardous Materials UserslFacilities 5.3-5 A potential rupture of the PG&E underground gas transmission pipelines (in the southwestern and northern portions of the Project area) could adversely affect the public health in the residential areas, once they are developed. Compliance with State and applicable local regulations pertaining to setbacks would reduce potential impacts to less than significant levels. Facts Supportinq Findinq The PG&E pipelines are under high pressure and have the potential to rupture, resulting in uncontrolled releases of natural gas. A pipeline rupture could result in environment contamination and human health effects in the residential areas, once they are developed. For safety reasons, State regulations prohibit the construction of any structures directly over the pipeline and a right-of-way (ROW) is usually established. The width of the ROW is negotiated between the property owner and the pipeline operator and usually ranges between 20 to 50 feet. Shared ROWs may span 60 to 70 feet. Types of shrubs may be restricted; specifically, structures and large trees cannot be located over pipelines. Compliance with State and applicable local regulations would reduce potential impacts on health and safety related to this pipeline to less than significant levels. Long-Term Maintenance and Operation 5.3-8 Project implementation would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Less than significant impact. Facts Supportinq FindinQ The Kern County and Incorporated Cities Hazardous Waste Management Plan (HWMP) 'òr>-K~1 lists goals and policies regarding the transport of hazardous wastes. The HWMR3< 'S >- m ''--'' r- .j r:;, JN 10-103584 16 of 58 June 2005 ORIGiNAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 recognizes that the transportation of hazardous waste on roads poses a short-term threat to public health; of prime concern is the safety of the transportation system for hazardous waste, especially extremely hazardous waste, in and throughout Kern County. The HWMP seeks to establish State and Federally maintained roads as candidate Commercial Hazardous Waste Shipping Routes in and through the County (except those to collect locally generated hazardous wastes). Given the location of the proposed Project withifl a newly developing residential area surrounded by agricultural, institutional, and open space uses, Project implementation would not promote the transport of hazardous materials within the Project area. 5.3-9 Project implementation would not create a significant hazard to the public or the environment through the long-term use of hazardous substances for the purpose of long-term maintenance. Compliance with State and applicable local regulations would reduce potential impacts to less than significant levels. Facts Supportinq Findinq Because of the scope and nature of the proposed Project, the level of risk associated with long-term use of hazardous materials on the Project site is considered a less than significant impact. On-site use of hazardous materials may include cleaning solvents, fertilizers, pesticides, and other materials used in the regular maintenance of residential and commercial structures. With proper use and disposal, these chemicals are not expected to result in hazardous or unhealthful conditions for nearby residents or maintenance workers. A less than significant impact would occur in this regard after compliance with State and applicable local regulations. AESTHETICSILlGHT AND GLARE Long-Term Aesthetic Impacts 5.4-2 Project implementation would permanently alter views of and across the Project site. Analysis has concluded that impacts are less than significant. Facts Supportinq Findinq Project implementation would permanently alter the nature and appearance of the Project site from active farmland to mixed-use commercial and residential development. On-site structures and parking areas would be visible from surrounding uses. This alteration of appearance is permanent and would continue through the life of the Project. Views of the agricultural fields that comprise the Project site, are currently available to motorists and pedestrians along Panama Lane and Gosford Road and to residents northeast of the Project site. Views of these areas are currently unobstructed, so, the change in visual character from open space to developed conditions with amenities would be a distinct visual alteration of the Project site. The Project proposes development adjacent to an existing residential community (northeast of the Project site). Because the proposed Project's use is primarily residential and the proposed densities are similar to those of the existing developments located northeast of the Project site, significant impacts regarding the overall visual quality and sensitivity of the Project area would be minimized. The proposed uses would ~1\Kt': be similar in character and density as surrounding off-site uses and can be considered r!i 'Ýú> visually compatible with existing surrounding land uses. >- ~ >:: T- o C) ORiGINAL JN 10-103584 17 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 NOISE Cumulative Impacts 5.6-6 With cumulative projects, the proposed Project would increase the ambient noise levels in the Project vicinity. Analysis has concluded that cumulative noise impacts would be less than significant. Facts Supportinq Findinq Short-term (construction) noise is a localized activity and would only affect land uses that are immediately adjacent to the Project Area. Contractors at the job sites would be required to adhere to the City's Noise Ordinance requirements. Thus, the cumulative construction noise impacts would be less than significant. AIR QUALITY Odors 5.7-2 Long-term odor impacts would not occur as a result of Project implementation. Analysis has concluded that impacts would be less than significant. Facts Supporting Finding Vulcan Materials Comp2ny and Ridgeline Oil & Asphalt are located adjacent to the northwest of the Project site; Structure Cast and Golden Empire Concrete are located to the southeast of the Project site; and Bakersfield City Wastewater Plant #3 is located at the southwestern corner of McCutchen Road and Ashe Road, less than a mi Ie southeast of the proposed Project. Odorous compounds may be emitted from the nearby industrial facilities and sewage treatment plant. Based on the results of Table 5.7-13, odor concentrations from the nearby sewage plant will not exceed the SJVAPCD thresholds resulting in a less than significant impact. Visibility Impacts 5.7-4 Long-term visibility impacts would not occur as a result of Project implementation. Analysis has concluded that impacts would be less than significant. Facts SUPDortinq Findinq A Level 1 screening analysis of the visibility impacts was conducted using the default VISCREEN settings (refer to Table 5.7-19, LEVEL 1 VISIBILITY SCREENING RESULTS). In accordance with EPA VISCREEN guidance, primary N02 was assumed to be zero, while PM,o emissions from diesel combustion sources were assumed to be particulate. The emission rates used in the VISCREEN model are based on the total operational emissions from the Project (i.e. area source emissions). The mobile source operational emissions will not occur on-site and therefore cannot contribute to a visible plume originating from the site. Since the on-site sources will be spread out and will not JN 10-103584 18 of 58 June 2005 ~ 'QMf~ () ~ ;,.. - .... m _ r- t.) C) lRIGINAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 contribute to a single plume, like the one being considered in the model, the analysis is considered conservative. Air Quality Conformity Analysis 5.7-5 The Project would be consistent with the Air Quality Attainment Plan (AQAP) criteria. Less than significant impact. Facts Supportina Findina The AQAP recognized growth of the population and economy within the Basin. The plan predicted the workforce in Kern County to increase along with a 2.2 percent population increase annually from 2002 to 2030 (i.e. 62% total increase uncompounded for 28 years). The conformity analysis shows that the Project and its development and employment can be viewed as growth within the plan. Thus, the Project can be viewed as a continued growth element that was anticipated by the plan. Therefore, when considered with all projects currently in the Kern County General Plan of and the Metropolitan Bakersfield General Plan, the proposed Project is considered less than significant. BIOLOGICAL RESOURCES Special Status Plants 5.8-2 Project construction would permanently impact a total of approximately 300- acres, however due to the existing agricultural use of the site, no special status plants were identified or would be expected to occur on the site. Less than significant impacts are anticipated in this regard. Facts Supportina Findina The Biota Report concludes no suitable habitat exists on the site for special listed plant species. The intense and frequent sequential cultivation and maintenance of the agricultural land are not typical habitat for regional protected plant species and plant species of concern. No plant species of concern were identified on site or any expected to occur on the Project site due to the existing uses. CULTURAL RESOURCES Cumulative Impacts 5.9-2 Cumulative development may adversely affect cultural resources. Resources are evaluated and mitigated on a project-by-project basis. Less than significant. Facts Supportina Findina Potential impacts would be site specific and an evaluation of potential impacts would be conducted on a project-by-project basis. Each incremental development would be required to comply with all applicable State, Federal and City regulations concerning preservation, salvage, or handling of cultural resources. In consideration of these regulations, potential cumulative impacts upon cultural resources would not be considered significant. JN 10-103584 19 of 58 June 2005 'ò~Kf.'1 rJ ~ ;... - .... m _ T- O (;) ORIGINAL ...----.- ."-".._._--_.__.._--_._-,.~-- Gosford/Panama Annexation Project GPAlZC No. 04-0057 PUBLIC SERVICES AND UTILITIES Sewer Services 5.10-6 Implementation of the proposed Project would not result in the increase in demand or expansion of sewer services. Less than significant impact. Facts Supportinq Findinq The proposed Project would not result in any demands for sewer services. There is an existing 42" sewer trunk line which runs north-south along the eastern boundary of the Project site and would serve the Project site. The applicant is required to pay fees for residential structures and commercial/industrial structures. Less than significant impacts are anticipated in this regard. Electrical Services 5.10-8 Implementation of the proposed Project would require temporary use of electricity during construction and long-term electric consumption. Electricity use would not result in excessive power consumption that would result in significant impacts on existing facilities. Less than significant impacts are anticipated in this regard. Facts Supportinq Findinq The Project site is currently being served from the Stockdale Substation, which is located at the southeastern corner of White Lane and Wilson Road. Electricity distribution facilities are present along Panama Lane, Gosford Road, and McCutchen Road. PG&E maintains a 70 kilovolt (Kv) transmission line which runs north to south halfway west of Gosford Road and east of Progress Road. According to PG&E, the Project site is anticipated to have an approximate load of 20Mw. Additionally, PG&E indicated that the existing facilities do not have the capacity to supply the proposed Project at build-out. Therefore, without upgrades to existing facilities, implementation of the proposed Project may result in excessive demands in electrical services. Therefore, the construction of additional facilities and/or upgrades would be necessary. PG&E has plans to increase the capacity for the existing distribution line along Panama Lane in the summer of 2005. The distribution line along Gosford Road will be increased as development occurs south of Panama Lane. PG&E also has a substation planned in the vicinity of McCutchen Road and the 70Kv line. This new substation is projected to be built as southwestern Bakersfield develops. During construction, the Project would require temporary electrical power supply for certain equipment and lighting. The proposed Project would also require electricity for street lighting along the roadway. The connections would be constructed in accordance with the requirements of the City of Bakersfield. The Project contractor shall coordinate with PG&E staff prior to construction for potential issues that may occur. Less than significant impacts are anticipated in this regard. JN 10-103584 20 of 58 June 2005 xi'JÞ.Kf:'1 () '" >- ''h >- if> - r- " () ORIGINAl Natural Gas Gosford/Panama Annexation Project GPAlZC No. 04-0057 5.10-9 Implementation of the proposed Project would not result in increased demand for natural gas services. Less than significant impacts are anticipated in this regard. Facts Supportinq Findinq Due to the growth in the southwestern portion of Bakersfield, PG&E has identified gas distribution upgrades ne(;essary to serve anticipated development demand including the Project site. Due to the development of the property to the west of the Project site, PG&E is currently designing an upgrade of the existing 34-inch gas line which traverses the Project site from northwest to southeast. This upgrade will include the replacement of about 660 feet within the Project site and is scheduled for the summer of 2005. Additionally, PG&E indicated that the proposed annexation would result in a population increase which would require the replacement of the remainder of the gas line within the Project site. The Project contractor shall coordinate with PG&E staff early in the planning stages to ensure that any necessary upgrades to on-site gas distribution facilities are implemented in such a manner as not to disrupt services off-site and be of adequate capacity to serve ultimate site development. Compliance with State and applicable local regulations would reduce potential impacts health and safety related to this pipeline to less than significant levels. VII. FINDINGS REGARDING EFFECTS DETERMINED TO BE MITIGATED TO LESS THAN SIGNFICANT LEVELS The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, Technical Appendices and the administrative record. finds. pursuant to California Public Resources Code 21081 (a)(1) and CEQA Guidelines 15091 (a)(1), that changes or alterations have been required in, or incorporated into, the proposed project which would mitigate, avoid, or substantially lessen to below a level of significance the following potentially significant environmental effects identified in the Final EIR in the following categories: Land Use, Public Health and Safety, Aesthetics/Light and Glare, Traffic and Circulation, Noise, Air Quality, Biological Resources, Cultural Resources, and Public Services and Utilities. The potentially significant adverse environmental impacts that can be mitigated are listed below. The City of Bakersfield finds that these potentially significant adverse impacts can be mitigated to a level that is considered less than significant after implementation of mitigation measures identified of the Final EIR. LAND USE AND RELEVANT PLANNING Land Use Compatibility Off-site 5.1-2 Implementation of the proposed Project may result in land use compatibility impacts on surrounding uses. Impacts are reduced to less than significant levels with implementation of required mitigation for noise, traffic, and air quality; refer to appropriate sections of this E/R. Facts Supportinq Findinq Although the proposed Project would ultimately replace approximately 300 acres of active agricultural land with developed uses, the proposed land use concept is considered compatible in density and character with the existing residential and industrial areas to the north and south. Compatibility impacts would be mitigated with JN 10·103584 21 of 58 June 2005 x 'òMf." () \J;, >- - .... m _ T- o r:;, '1R!GlNAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 applicable design standards pursuant to requirements set forth by the City of Bakersfield. Therefore, off-site land use impacts on neighboring residential areas are less than significant, because of their consistency of uses with the surrounding area, and with implementation of the recommended mitigation measures identified throughout this EIR document. Mitigation Measures 5.1-2a and 5.1-2b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.1-2a Refer to mitigation measures in Sections 5.4, AESTHETICS, LIGHT AND GLARE; Section 5.5, TRAFFIC AND CIRCULATION; Section 5.6, NOISE; and Section 5.7, AIR QUALITY. 5.1-2b Sellers shall provide to buyers an area map disclosing existing uses on all nearby parcels as part c.f the sales contract process. Buyers shall also be provided copies of any and all conditional use permits issued for adjoining properties, or other land use entitlements, or site development standards for M-3 Heavy Industrial District-zoned property as provided for in the County Zoning Ordinance. Buyers are to sign for these disclosures indicating they have read the disclosures and received a copy of same. The disclosures shall describe the presence of existing industrial uses and their associated activities, including hours of operation as well as all mitigation requirements and conditions of approval imposed on industrial users by the existing conditional use permits, or other land use entitlements, or County Zoning Ordinance. PUBLIC HEALTH AND SAFETY Short-Term Construction 5.3-1 Project construction activities have the potential to encounter known hazardous materials or wastes. Analysis has concluded that no evidence exists of an existing or previously remediated recognized environmental conditions in connection with the proposed Project. Mitigation that reduces the presence of hazardous materials or wastes would reduce this impact to a less than significant level. Facts Supportinq Findinq Based on the site inspection, areas of environmental concern with respect to hazardous materials and wastes were identified that would compromise Project construction or acquisition of construction easements. Implementation of mitigation measures would reduce these impacts to less than significant. Mitigation Measures 5.3-1a and 5.3-2 of the Final EIR reduce impacts below a level of significance. The measures are as follows: Stained Soils 5.3-1a Soil characterization and sampling of the stained soil within the Project site shall be conducted as needed to determine the presence or absence of hazardous materials prior to grading activities. If concentrations of materials are detected above regulatory <t. 'Q~Kf1 () ~ >- ':;. ~ JN 10-103584 22 of 58 June 2005 0 C) ORIGINAl ,- - .--.- - ,-.--..---. .,-,---~._._- -..-.--.--,. -....._---_._-~-. ---_..-._'~., Gosford/Panama Annexation Project GPA/ZC No. 04-0057 cleanup levels during demolition or construction activities, the following mitigation measure shall include: · Excavation and disposal at a permitted, off-site facility; · On-site treatment; or · Other measures as appropriate. Prior to issuance of building permits, all oil-contaminated soils shall be remediated to the satisfaction of the Local Unified Program Agency (the Office of Environmental Services of the Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board and/or the California Department of Toxic Substances Control. Water Wells 5.3-1b The agricultural water wells shall be properly removed and abandoned pursuant to the latest procedures required by the local agency with closure responsibilities for the wells. Any associated equipment (i.e., generators and pumping materials) shall be removed off-site and properly disposed of at a permitted landfill. A visual inspection of the areas beneath the removed materials (if present) shall be performed. Waste Oil and Oil Filters 5.3-1 c The waste oil, oil filters, and buckets shall be removed off-site and properly disposed of at an approved landfill facility. Then the areas beneath and around the removed materials shall be visually inspected. Any stained soils observed underneath the materials shall be sampled and analyzed. If analysis detects concentrations of materials above regulatory cleanup levels, the mitigation measure shall include: · Excavation and disposal at a permitted, off-site facility; · On-site treatment; or · Other measures as appropriate. Aboveoround Storaoe Tanks 5.3-1d The aboveground storage tanks (ATSs) shall be removed and properly disposed of at an approved landfill facility then the areas beneath and around the removed ASTs shall be visually inspected. Any stained soils observed underneath the ASTs shall be sampled. If concentrations of materials are detected above regulatory cleanup levels during sampling activities, the mitigation measure shall include: · Excavation and disposal at a permitted, off-site facility; · On-site treatment; or · Other measures as appropriate. Transformers 5.3-1e Any removal or relocation of transformers shall be conducted under the purview of the local utility purveyor to identify proper handling procedures regarding potential polychlorinated biphenyls (PCBs). ~Mt.ö ¿. '¡J> '" >- - .... rn - ,... o () ORIGINAL JN 10-103584 23 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 Agricultural Use of PropertylAdjacent Properties 5.3-3 Because of the historic use of the site for agricultural purposes, there is a potential for pesticide residues (including DOT) to be present in the shallow soil within the Project site. A potentially significant health hazard may occur that can be reduced to a less than significant level with implementation of mitigation measures. Facts Supportinq Findinq Potential health impacts associated with individuals being exposed to pesticide residues, if at all, may occur primarily during grading and construction of the proposed Project site. The potential threat to public health can be reduced to less than significant levels by conducting soil-sampling activities prior to the site development to determine areas that have high levels of pesticide residues. Should the presence of pesticide residues be identified, on-site contamination can be successfully remediated prior to Project site development using available technologies. Implementation of the recommended mitigation measure would reduce potential impacts in this regard to a less than significant level. Mitigation Measures 5.3-3 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.3-3 Prior to issuance of any grading permit, the Project applicant shall perform soil tests to determine concentrations of pesticide and fungicide residues that may be present within the Project site. Should contamination levels be in excess of acceptable Federal, State, andlor County levels, the Project Applicant shall identify and implement remedial action, (subject to approval by the City of Bakersfield and responsible regulatory agencies), to reduce contaminants to acceptable levels. Asbestos Containing Materials 5.3·6 Some of the building located on-site could contain asbestos. Implementation of mitigation measures would reduce impacts to a less than significant level. Facts Supportinq Findinq Given the age of some of the buildings on the Project site. it is likely that some of them could contain asbestos. Prior to demolition activities, an asbestos survey would be required. If asbestos-containing materials are found, abatement of asbestos is required before any demolition activities that would disturb asbestos-containing material or create airborne asbestos hazard. Asbestos removal would be performed in accordance with San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8021 in order to restrict potential impacts to a less than significant level. Mitigation Measures 5.3-6 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.3-6 Prior to demolition activities, an asbestos survey shall be required to determine the presence or absence of asbestos-containing materials. The results of the JN 10-103584 24 of 58 June 2005 '< 'òMt..y () ~ >- iíí t;:: r- \.) r:;, ORIGINAL -. .._._-. -. .....-. .._,...._..~,_..._~. ....".-..-...._.~._". .~.......-._~-"---_...---_._....,- Gosford/Panama Annexation Project GPAlZC No. 04-0057 survey shall be submitted to the City of Bakersfield. If asbestos-containing materials are found, abatement of asbestos shall be required before any demolition activity that would disturb asbestos-containing materials or create an airborne asbestos hazard is permitted. Asbestos removal shall be performed by a State-certified asbestos containment contractor in accordance with San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8021, which requires: · A survey of the facility prior to issuance of a permit by SJVAPCD; · Notification of the SJVAPCD prior to construction activity; · Removal of asbestos in accordance with prescribed procedures; · Placement of collected asbestos in leak-tight containers or wrapping; and · Proper disposal of the asbestos. Lead-Based Paint 5.3-7 The buildings located on-site that were built prior to 1978 could contain lead- based paint, resulting in potential health hazards to building occupants. Implementation of mitigation measures would reduce these impacts to a less than significant level. Facts Supportinq Findinq Lead-based paint would likely be found in several existing buildings constructed prior to 1978. Before demolition activities, a lead-based paint survey would be required. If lead- based paint is found, mitigation measures would be required before any demolition activities that would create lead dust or fume hazard, in order to limit impacts to a less than significant level. Lead-based paint removal would be performed in accordance with California Code of Regulation Title 8, Section 1532.1, which provides for exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. Mitigation Measures 5.3-6 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.3-7 Prior to demolition activities, a survey shall be conducted to determine the presence or absence of lead-based paint. The results of the survey shall be submitted to the City of Bakersfield. If lead-based paint is found, abatement shall be required before any demolition activities occur that would create a lead dust or fume hazard. Lead-based paint removal shall be performed in accordance with California Code of Regulation Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. The contractor performing lead- based paint removal shall provide evidence of certified training for lead-related construction work. Valley Fever 5.3-10 Grading within the boundary of the Project may lead to the release of fugitive dust and spores causing Valley Fever. Mitigation that reduces fugitive emissions would reduce impacts to a less than significant level. dust 'òMf ¿¡ ?'¡p >- ':!: .... m - T- o (;) ORIGINAL JN 10-103584 25 of 58 June 2005 --~-~._._- ._._-~, Gosford/Panama Annexation Project GPAlZC No. 04-0057 Facts Supportinq Findinq If Valley Fever spores occur within the boundaries of the proposed Project, with the absence of mitigation, there is potential for the infection of construction workers and surrounding residents, as well as within the Project area. Mitigation measures designed to reduce the amount of fugitive dust during grading activities would reduce the likelihood of Valley Fever to a less than significant level (refer to Section 5.7, AIR QUALITY). The long-term covering of portions of the Project alignment with landscaping material and/or with impervious roadway surfaces would reduce the long-term potential release of Valley Fever spores to a less than significant level. Mitigation Measures 5.3-10a and 5.2-10b of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.3-10a Refer to Section 5.7, AIR QUALITY, regarding fugitive dust mitigation measures. 5.3-10b Pursuant to SJVAPCD Regulation VIII-Fugitive PM10 Prohibitions, all areas with bare soil exposed as a result of Project earthwork activities shall be landscaped at the earliest time possible or stabilized by watering when winds exceed 20 miles per hour (mph) in order to reduce the potential inhalation of spores causing Valley Fever. Cumulative Impacts 5.3-11 The proposed Project, in combination with other cumulative projects, could increase exposure to the public of hazardous substances. Compliance with Federal, State, and local requirements on a project-by-project basis would reduce cumulative impacts to a less than significant level. Facts Supportinq Findinq Compliance with Federal, State, and local regulations would ensure that contamination or exposure to hazardous substances is avoided or controlled to minimize the risk to the public on a case-by-case basis, as the cumulative projects are constructed. AESTHETICS/LIGHT AND GLARE Short-Term (Construction) Aesthetic Impacts 5.4-1 Grading and construction of individual phases would temporarily alter the visual appearance of the Project area. Impacts are considered to be short-term would cease upon completion of construction activities; and would be reduced to less than significant levels with implementation of the recommended mitigation measure. Facts Supportinq Findinq Project construction activities would temporarily disrupt views across the site from surrounding areas. Graded surfaces, construction debris, construction equipment and heavy truck traffic would be visible. Soil would be stockpiled and equipment for grading activities would be staged at various locations throughout the Project site. The use of 'òMf. metal storage containers in conjunction with construction activities would be subject to é; 1<1' '- ':!: I- m. _ r- o Ö JN 10-103584 26 of 58 June 2005 ORIGiNAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 Section 17.57.050 of the Bakersfield Municipal Code, which allows the use of metal storage containers for construction, subject to approval by the Building Director. These impacts would be short-term and would cease upon Project completion. With the implementation of the recommended mitigation pertaining to location of screening area and with compliance with Municipal Code requirements, short-term impacts would be reduced to less than significant levels. Mitigation Measure 5.4-1 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.4-1 Temporary construction equipment staging areas shall be located within the Project site through the duration of construction. Appropriate screening (e.g., temporary opaque fencing [six feet in height]) will be used to buffer views of construction equipment and material, when feasible. Staging locations shall be indicated on final plans and grading plans are subject to review and approval of the City Planning Department. Additionally, all construction activities would be required to be consistent with the Municipal Code requirements and conditions of approval. Light and Glare Impacts 5.4-3 The Project would generate additional light and glare beyond existing conditions from street lighting and vehicular traffic. Compliance with City codes and recommended mitigation would reduce potential impacts to less than significant levels. Facts Supportina Findina Light sources from the on-site residential and commercial developments may have a on the surrounding areas. Additionally, on-site light sources may create light spillover and glare impacts on surrounding land uses in the absence of mitigation. Street light illumination from the residential areas would be comparable to that in the existing residential development northeast of the proposed Project site. The lighting within the proposed Project site would be in compliance with City standards. Title 17.58.060 of the Bakersfield Municipal Code indicates that lighting of parking lots be designed and reflected away from future on-site and existing adjacent residential properties and streets. City building officials may also require the use of light shields to prevent unwanted light on future on-site and existing adjacent residential properties. Mitigation Measure 5.4-3 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.4-3 Refer to Mitigation Measure 5.1-2b. TRAFFIC AND CIRCULATION Short-term Construction Impacts 5.5-1 Project-related construction activities would result in temporary circulation impacts on nearby residents, pedestrians, bicyclists, and potential traffic congestion. However, these impacts are considered a temporary nuisance and 'òþ.,K~ would cease upon Project completion. Implementation of recommended c:J 1c.r >. "" _ m - T- o Ö 27 of 58 June 2005 ORiGINAL JN 10-103584 --'.--...'- ---.-.,-" ..._--- .......----.-- Gosford/Panama Annexation Project GPAlZC No. 04-0057 mitigation measures would reduce impacts to less than significant levels. Facts Supportinq Findinq Anticipated construction-related traffic and circulation impacts would be considered a temporary nuisance that would cease upon completion of Project construction. Preparation of a detailed Traffic Management Plan (TMP) would be required prior to construction of the proposed Project. The TMP would delineate all road closures, provisions to maintain access to adjacent residential properties at all times, prior notices, adequate sign-postings, detours, provisions for pedestrian, bicycle transportation, and permitted hours of construction activity. Proper detours and warning signs would be established along the Project perimeter to ensure public safety. The TMP shall be devised so that construction would not interfere with emergency response or evacuation plans. With implementation of the TMP and recommended mitigation, less than significant impacts are anticipated in this regard. Mitigation Measures 5.5-1a and 5.5-1b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.5-1a Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be submitted for re"¡ew and approval to the City of Bakersfield Public Works Department. Such plan shall consist of prior notices, adequate sign posting, and detours (including for pedestrians and bicyclists). The TMP shall specify implementation timing of each plan element (prior notices, sign-posting, detours, etc.) as determined appropriate by the City Engineer. Adequate access to and from adjacent residential areas shall be provided at all times. The TMP shall be reviewed and approved by the City Police and Fire Departments so that construction does not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts. 5.5-1 b Proper detours and warning signs shall be established to ensure public safety. This includes the use of proper lighting (where appropriate); fencing and shielding; proper storage of equipment and construction supplies; and covering loose piles of soil, silt, clay, sand debris, or other earthen material. Project Trip Generation 5.5-2 Project implementation may cause a significant increase in traffic when compared to the traffic capacity of the street system and may exceed an established LOS standard. Less Than Significant With Mitigation. Facts Supportinq Findino The traffic related to the proposed Project was calculated in accordance with the following accepted procedural steps: (1) Trip Generation; (2) Trip Distribution; and (3) Traffic Assignment. Overall, to lessen Project impacts, mitigation is recommended, which requires payment of traffic impact fees and Project fair share contribution towards implementation of improvements. Mitigation Measure 5.5-2a of the Final EIR reduces impacts below a level of significance. <ç,M The measure is as follows: ð (1c.r '" m - T- June 2005 °ORIGINAE' .>- JN 10-103584 28 of 58 Gosford/Panama Annexation Project GPAlZC No. 04-0057 5.5-2a Refer to Mitigation Measures 5.5-3a and 5.3b, below. Cumulative Traffic (2024 Conditions) 5.5-3 Implementation of the proposed Project, combined with cumulative project development, may cause a significant increase in traffic when compared to the traffic capacity of rhe street system and may exceed an established LOS standard. Less Than Significant With Mitigation. Facts Supportina Findina Overall, with adherence to the Metropolitan Bakersfield RTIF, applicable goals and policies of the Metropolitan Bakersfield General Plan, implementation of the Project's pro-rata share of the recommended improvements, and consideration of future circulation improvements on a project-by-project basis, cumulative traffic impacts would be mitigated to less than significant levels. Mitigation Measure 5.5-3a and 5.5-3b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.5-3a Prior to issuance of building permits, the Project Applicant shall comply with the City's Regional Transportation Impact Fee Program (RTIF) in accordance with the standard residential, commercial, and industrial fee rate. 5.5-3b For impacted intersections subject to fair-share improvements (refer to Tables 5.5-11 and 5.5-13), the Project Applicant shall participate in the improvements required on a pro-rata fair-share basis, as indicated in Table 5.5-16, (Future Intersection Improvements and Local Mitigation). NOISE Short-Term (Construction) Impacts 5.6-1 Grading and construction within the Project area would result in temporary noise impacts on nearby noise sensitive receptors. Analysis has concluded that temporary construction noise would result in a less than significant impact with incorporation of mitigation measures. Facts Supportina Findina Standard residential construction in California provides a 20 dBA reduction of interior noise levels with windows closed and a 12 dBA reduction with windows open. Interior noise levels at existing dwelling units closest to the project area with direct line-of-sight to on-site construction activity (i.e., those that would be exposed to intermittent maximum noise levels of 90 dBA Lmax) would potentially reach 65 dBA Lmax, with windows closed and up to 78 dBA Lmax, with windows open, at such times when the equipment is at the property line. As indicated above, these noise levels will drop off at a rate of six decibels per each doubling of distance (e.g., 100 feet, 200 feet, and 400 feet). Existing residences farther away from the project and those blocked by other existing structures would experience lower construction noise levels emanating from the project area. Per the Bakersfield Municipal Code, construction would be limited to the hours of 6:00 AM to JN 10-103584 29 of 58 June 2005 "'òM!",,, Ò' ''if >. ':! .... n .- r .) r:;, ''Ì~'F'':'rNAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 9:00 PM on weekdays and 8:00 AM and 9:00 PM on weekends. Implementation of the mitigation (i.e., mufflingl placement of construction equipment and stockpilinglstaging of construction vehicles) would serve to reduce the noise levels to sensitive receptors and thus would result in a less than significant impact. Mitigation Measures 5.6-1a through 5.6-1d of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.6-1 a Prior to issuance of grading permits, the contractor shall provide evidence acceptable to the City Planning Department that (1) all construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained mufflers; (2) construction activities shall be limited to the designated daytime hours as specified by the City of Bakersfield (currently 6 AM to 9 PM on weekdays and 8 AM and 9 PM on weekends). No construction is allowed on Federal holidays. These restrictions apply to all trucks, vehicles, and eqlJipment that are making or involved with material deliveries, loading or transfer of materials, equipment service, and maintenance of any devices for or within the Project construction site. 5.6-1 b During construction, stationary construction equipment shall be placed such that emitted noise is directed away from noise-sensitive receptors, to the satisfaction of the Building Official. 5.6-1c Prior to approval of the project plans and specifications by the City Planning Department, the construction contractor shall incorporate feasible muffling features into all construction vehicles and equipment and into construction methods, and shall maintain all construction vehicles and equipment in efficient operating condition. 5.6-1d The Project plans and specifications prior to approval by the City Planning Department, shall stipulate that stockpiling and construction vehicle staging areas shall be located as far away as practical from noise-sensitive receptors during construction activities. Off-Site Mobile Source Impacts 5.6-2 Project implementation would generate additional vehicular travel on the surrounding roadway network, thereby resulting in permanent noise level increases. Analysis has concluded that long-term noise impacts would be less than significant for the analyzed adjacent roadway segments in the Year 2024 traffic scenario. Analysis has concluded that long-term vehicular- related noise would not exceed the City's threshold of significance and would result in a less than significant impact. The resultant increase in the ambient noise environment is also considered less than significant with mitigation. In accordance with the Traffic Study for a General Plan Amendment and Zone Change at the Southwest Corner of Panama Lane and Gosford Road, prepared by Ruettgers and Schuler, mobile source noise impacts on the surrounding street network were modeled for "2024 No Project" and "2024 Plus Project". These two scenarios were modeled to demonstrate the Project's net acoustical increase over future ambient (no project) conditions. As previously discussed, the City's noise standards states that noise impacts are considered significant when an increase of +3 dBA occurs in an area where JN 10-103584 30 of 58 June 2005 . '0P /(tA x. '.0/ () \1 .>- ~. f- í - r o C ORIGINAL -~---.-.------._.~~.--~"..-~-.." Gosford/Panama Annexation Project GPAlZC No. 04-0057 noise levels are less than 65 dBA CNEL or if an increase of +1.5 dBA occurs in an area where noise levels are greater than 65 dBA CNEL. Since the "2024 No ProJect" noise level would be below 65 dBA CNEL, a noise level increase of less than 3 dBA (i.e., 2 dBA) is considered a less than significant impact on noise levels along this local roadway. Since the projected noise level increases along the roadway segments analyzed would not exceed established thresholds, a less than significant impact on existing off-site receptors would occur as a result of Project implementation. On-Site Mobile Source Impacts 5.6-3 Project implementation would generate additional vehicular travel on the roadway network, thereby resulting in permanent noise level increases. Analysis has concluded that with the incorporation of recommended noise attenuating design features, long-term vehicular- related noise would not exceed the City's 65 dB CNEL compatibility standard for future on-site residences. Facts Supportinq Findinq As indicated in the Environmental Noise Assessment, prepared by BBA (refer to Appendix 15.6), the Year 2024 65 dBA CNEL contour would extend approximately 46 to 139 feet from the surrounding roadway centerlines. Some residential locations would be exposed to traffic noise levels in excess of 65 dBA CNEL. The provision of a noise barrier may be required to adhere to City of Bakersfield noise standards (refer to Figure 5.6-2, APPROXIMATE SOUNDWALL LOCATIONS FOR REDUCING NOISE FROM VEHICULAR ACTIVITY). Based on the conceptual nature of the site plan, the mitigation components cannot be adequately determined at this time. It is recommended that additional noise analysis be conducted prior to Tentative Tract Map approval to ensure that adequate noise mitigation is provided to meet the City of Bakersfield noise standards. The report would evaluate the exterior noise impacts based upon the actual roadways, pad elevations and building design. With implementation of the recommended mitigation, which requires additional noise analysis, a less than significant impact would occur in this regard. Mitigation Measures 5.6-3a of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.6-3a A wall shall be constructed along the rear yards of residences adjacent to Progress Road, Gosford Road, Panama Lane, and McCutchen Road. As a condition of approval, a final acoustical analysis shall be conducted to the satisfaction of the City Planning Department to confirm the required location and height of sound walls when a site plan with sufficient detail is available (i.e., site grading, pad heights, lot design, and setbacks). Stationary Source Impacts 5.6-4 Implementation of the proposed Project would result in the generation of on-site noise associated with future residential units as well as commercial and industrial activities that include loading/unloading activities, mechanical equipment and activities occurring in parking lots. Analysis has concluded that impacts would be less than significant with the implementation of recommended mitigation -çMít:" <:J . ',& '" >- ~ .... m _ T- 'J '" ORiGINAL JN 10-103584 31 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 measures. Facts Supportinq Findinq Noise typically associated with operation activities of commercial uses would be generated by the followi ng sources: · Trucks traveling on the site, to and from loading docks; · Mechanical equipment (air conditioners, trash compactors, emergency generators, etc.); and · Typical parking lot activities (i.e., parking lot traffic). Residential Areas Future development of residential lots would create stationary noise typical of any new residential development. Noise that is typical of residential areas includes such things as children playing, pet noise, amplified music, car repair, pool/spa equipment, woodworking and home repair. Noise from residential stationary sources would primarily occur during the "daytime" activity hours of 7:00 AM to 10:00 PM. Furthermore, the residences would be required to comply with the noise standards set forth within the Metropolitan Bakersfield General Plan. The General Plan states that exterior noise levels in residential property shall not exceed the basic noise standard of 45 dBA for interior noise and 65 dBA exterior residential property line. Thus, noise impacts from the residential uses are anticipated to be less than significant in this regard. Mechanical Equipment Mechanical equipment, such as heating, ventilation and air conditioning (HVAC) units would be included as part of future residential units. Compliance with the Metropolitan Bakersfield General Plan and Bakersfield Municipal Code would minimize noise impacts. Noise levels from mechanical equipment would be further reduced with implementation of mitigation requiring the orientation of equipment away from any sensitive receptors, proper selection of equipment, and installation of equipment with proper acoustical shielding. Implementation of the recommended mitigation measures and compliance with the City of Bakersfield provisions would reduce impact to a less than significant level. Slow-Moving Trucks (Deliveries) It is anticipated that truck deliveries would occur at the proposed commercial uses. The maximum noise levels of slow-moving heavy and small trucks range between 73 and 70 dBA, respectively, at 50 feet. Thus, the Noise Ordinance standard of 55 dBA Lso would be exceeded at residential uses located adjacent to the proposed commercial areas. However, delivery truck traffic is not of sufficient volume to exceed community noise standards that are based on a time averaged scale, such as the CNEL scale. In addition, the Noise Ordinance requires that truck deliveries for commercial or industrial land use types be limited to the hours of 7:00 AM to 10:00 PM (Section 9.22.030). Therefore, compliance with the City's Noise Ordinance would reduce impacts from truck deliveries to a less-than-significant level. Loading Docks '< 'óÄK(:0> o '($> ~ m - T- ) -""""NAE' JN 10-103584 32 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 Noise sources at loading docks may include maneuvering and idling trucks, truck refrigeration units, fork lifts, banging and clanging of equipment (i.e., hand carts and roll- up doors), noise from public address systems and voices of truck drivers and employees. The maximum noise level associated with loading docks is typically 73 dBA at 75 feet. The Project area includes commercial uses that may require use of loading docks. The Noise Ordinance requires that truck deliveries for commercial or industrial land use types adjacent to residential properties be limited to the hours of 7:00 AM to 10:00 PM (Section 9.22.030). Therefore, compliance with the City's Noise Ordinance and implementation of the development standards for the Project area would reduce impacts from truck deliveries to a less than significant level. Landscape Maintenance Future development of the proposed uses within the Project area would introduce new landscaping areas requiring periodic maintenance. Noise generated by gas lawnmowers is estimated to be approximately 70 dBA at a distance of 5 feet from the source. Therefore, at 50 feet, noise from a gas lawn mower would be 49 dBA and would meet City noise standards even if - although unlikely - the lawnmower were operated near the same sensitive receptor for a full hour. For each doubling of distance from a point noise source (i.e. lawnmower), the sound level will decrease by 6 dBA. As the operation of maintenance activities would only occur during daytime hours for brief periods of time, a less than significant impact would result. Mitigation Measures 5.6-4a and 5.6-4b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.6-4a Prior to building permit issuance, a site plan shall be submitted to the City Planning Department, that illustrates that stationary noise sources, (including loading dock facilities, rooftop equipment and trash compactors) have been placed as far as practicable from residential uses. 5.6-4b Directional speakers shall be shielded andlor oriented away from off-site residences to the satisfaction of the City Planning Department. Existing Industrial Impacts (Off-Site) 5.6-5 The current noise sources within the Project area are primarily from existing operation of industrial plants located adjacent to the proposed Project area. Analysis has concluded that Impacts would be less than significant with the implementation of recommended mitigation measures. Facts SupportinQ Finding As indicated above under Existing Conditions, the existing noise within the Project area can be attributed to the industrial uses located north and south of the Project area. The BBA report states that the Lso contour would extend 1,750 feet from the Vulcan Asphalt and Batch Plant while the Lso contour from the Golden Empire Concrete Plant would extend 1,400 feet into the proposed Project area. Residential development located in the northern and southern portions of the Project area would be exposed to noise resulting from both plants. There are several means to reduce noise levels such as the use of soundwalls, upgraded window treatments and the implementation of centralized HVAC units. ,,'i>~/(¿:-I¡ () ~ >- - t;:. ~ ,") D JN 10-103584 33 of 58 June 2005 ORIGiNAl -~_.'--" ..---.----..-.,.-". .. .---.--.--- ...----.--.._._.._._.__.,-_.~--~_._. ,,--- Gosford/Panama Annexation Project GPAlZC No. 04-0057 Mitigation Measures 5.6-5a through 5.6-5e of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.6-5a As a condition of approval, when a site plan with sufficient detail is available, a final acoustical flnalysis shall be conducted to the satisfaction of the City Planning Department to confirm that the acoustical barrier to attenuate noise levels from the Vulcan Asphalt Batch Plant has the required height and placement. 5.6-5b As a condition of approval, when a site plan with sufficient detail is available, a final acoustical analysis shall be conducted to the satisfaction of the City Planning Department to confirm that the acoustical barrier to attenuate noise levels from the Golden Empire Concrete Plant has the required height and placement. 5.6-5c Centralized heating/ventilation/air conditioning units (HVAC) shall be installed in second-floor bedrooms that have a direct line-of-sight to off-site industrial activities. The HVAC units should be designed to supply two air changes per hour for each habitable room, with a minimum of 15 cubic feet per minute of outside air per occupant. The fresh air inlet duct shall be of sound-attenuating construction and shall consist of ten feet of straight or curved duct plus one sharp gO-degree bend. Additionally, these affected units shall include double-paned or Sound Transmission Class (STC) rated windows. 5.6-5d Single-story homes shall be located along perimeter walls between residential and nonresidential lIses. As a condition of approval, a final acoustical analysis must be conduct~d to the satisfaction of the City Planning Department to confirm whether additional sound attenuation is necessary. 5.6-5e Refer to Mitigation Measure 5.1-2b. AIR QUALITY Short-term (Construction) Emissions 5.7-1 Temporary construction-related dust and vehicle emissions would occur during construction within the Project area. Analysis has concluded that impacts would be mitigated to a less than significant level. Facts Supportina Findina Short-term impacts from the Project will result in fugitive particulate matter emissions during construction. Grading, excavation, trenching, filling, and other construction activities will result in increased dust emissions. SJVAPCD Regulation VIII specifies control measures for outdoor sources of fugitive particulate matter emissions. Rule 8011 contains administrative requirements, Rule 8021 applies to construction activities and Rule 8071 applies to vehicle and equipment parking, fueling, and service areas. The SJVAPCD does not requil'e a permit for these activities, but does impose control measures such as the application of water or a chemical dust suppressant. Fugitive dust and equipment emissions associated with grading and construction is expected to be short-term and would cease following Project completion. Based on the JN 10-103584 34 of 58 June 2005 X -pÁK('1 () <1' ..... ,.. - .... n _ r- o (;) ORiGiNAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 analysis, construction impacts can be mitigated to less than significant levels with the implementation of control measures provided by the SJVAPCD. Mitigation measures 5.7-1a and 5.7-1b of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.7-1a To minimize engine exhaust emissions during Project construction, the Applicant shall implement the following measures: · Properly and routinely maintain all construction equipment, as recommended by manufacturer's manuals, to control exhaust emissions. · Shut down equipment when not in use for extended periods of time, to reduce exhaust emissions associated with idling engines. · Encourage ride-sharing and use of transit transportation for construction employees commuting to the Project site. · Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. · Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing construction activity during the peak hour of vehicular traffic on adjacent roadways. 5.7-1b Construction of the Project requires the implementation of control measures set forth under Regulation VIII of the San Joaquin Valley Air Pollution Control District (SJAPCD) Fugitive PM1Q Prohibition. The following mitigation measures, in addition to those required under Regulation VIII of the SJVAPCD, shall be implemented to reduce fugitive dust emissions: · Prior to issuance of a grading permit, the Applicant shall prepare and submit a dust control plan, which consistent with SJVAPCD Regulation VIII, must be reviewed and approved by the SJVAPCD before beginning grading activities. The dust control measures selected shall be incorporated as a note on each grading plan. A six-foot high dust fence shall surround the construction site during primary grading activities. · Dust in all disturbed areas, including storage piles, that are not being actively utilized for construction purposes shall be effectively stabilized by applying water; using a chemical stabilizer or suppressant; covering with a tarpaulin or other suitable cover; or establishing a vegetative ground cover. · Dust from all on-site and off-site unpaved access roads shall be effectively stabilized by applying water or using a chemical stabilizer or suppressant. · Fugitive dust emissions during all land clearing, grubbing, scraping, excavation, land leveling, grading, cut-and-fill, and demolition activities shall be effectively controlled by applying water or by presoaking. 'ò~/(f.' , rJ' 'it!' .:.- ':!: .... m - T- o ORIGINAC' JN 10-103584 35 of 58 June 2005 Gosford/Panama Annexation Project GPA/ZC No. 04-0057 · When materials are transported off-site, all material shall be covered or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. · All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited, except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden). · After adding materials to, or removing materials from, the surface of outdoor storage piles, fugitive dust from said piles shall be effectively stabilized by applying sufficient water or chemical stabilizer or suppressant. · Within urban areas, trackout shall be immediately removed whenever it extends 50 or more feet from the site and at the end of each workday. · Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. · Asphalt-concrete paving shall comply with 5JV APCD Rule 4641 and restrict the use of cutback, slow-cure, and emulsified asphalt paving materials. · Cease grading activities during periods of high winds (greater than 20 miles per hour (mph) over a one-hour period). · Limit the speed of construction-related vehicles to 15 mph on all unpaved areas at the construction site. · Implement, carryout, and trackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. Long-Term (Operational) Impacts 5.7-3 The Project would result in an overall increase in the local and regional pollutant load due to direct impacts from vehicle emissions and indirect impacts from electricity and natural gas consumption. With implementation of recommended mitigation, combined mobile and area source emissions would not exceed SJVAPCD thresholds for NOx and ROG. A less than significant impact with incorporation of mitigation measures. Facts Supportina Findina As a result or normal day to day activities occurring on the Project site after occupation, operational emissions would be generated by both stationary and mobile sources. Stationary source emissions would be generated by the consumption of natural gas for space and water heaters, landscape maintenance equipment and consumer products. Mobile emissions would be generated by the motor vehicles traveling to and from the Project site. '< òA}(l'.è ü '(r >- '" Mitigation measures 5.7-3a and 5.7-3b of the Final EIR reduce impacts below a level of -= m .) T- . r:;, JRiGiNAL JN 10-103584 36 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 significance. The measures are as follows: 5.7-3a To reduce emissions from mobile sources, incorporate transportation control measures and design features into the Project. The below-listed control measures provide a strategy to reduce vehicle trips, vehicle use, vehicle-miles traveled, vehicle engine idling, and traffic congestion for the purpose of reducing motor vehicle emissions and are therefore required in order to achieve the necessary emission reduction. · Throughout the Project, incorporate sidewalks, with adequate safety signage and appropriate lighting. Connect sidewalks to any open space or recreational areas and to nearby transit loading areas and/or shelters. · Provide pedestrian and bicycle facilities, including street trees to shade the walkways and/or Bikeways, and adequate bicycle parking. · Select deciduous trees and locate them on southern and/or western exposures to shade structures in summer and allow sun in winter. · Install electrical outlets and/or natural gas lines in backyards or patios to encourage the use of electric landscaping equipment and natural gas barbecues. No building permit can be issued without compliance with this mitigation measure. · At intersections and on street segments where traffic generated by the proposed developments may impact the surrounding local roadway system, improve streets and install traffic signals. 5.7-3b To achieve the emissions reductions as described above, mitigation programs such as, but not limited to the following, shall be considered by the subdivider: Public Works Improvement Proiects: Project or projects approved by the City Public Works Department that will result in the reduction of emissions as described above. The improvements for said project must be completed and accepted by the Public Works Department prior to recordation of individual development phases. The project(s) selected shall be one(s) not otherwise funded or constructed with this proposed project. The subdivider is responsible for all costs to determine the emission reductions associated with proposed Public Works project(s). Documentation for public works improvement project(s) demonstrating mitigation compliance shall be submitted to the Planning Director prior to recordation of individual development phases. The types of public works improvement project(s) used for the reduction in emissions may include but are not limited to the following types: . Construction of a new warranted signal. Modification of an existing signalized intersection to add additional left turn storage or dedicated right turn capability. . Other Projects: JN 10-103584 37 of 58 June 2005 ,,'òM/:-9 o ~ ~ m ) r; oQIGINAL These are non-public works projects selected by the subdivider that shall result in the .~--_.._"~--,. ._-------~_. ------.-------------. Gosford/Panama Annexation Project GPAlZC No. 04-0057 reduction of emissions as described above. The subdivider is responsible for all costs to determine the emission reductions associated with the proposed project(s). Proof of mitigation compliance shall be submitted to the Planning Director prior to recordation of individual development phases. Proof of compliance may include documentation of the number, type and year of cars crushed; location and type of engine modified, photo documentation and quantification of emission reduction by the San Joaquin Valley Air Pollution Control District or an air quality consultant. The types of project(s) used for the reduction in emissions may include but are not limited to the following types: · Car crushing of older model cars. · Modification to stationary diesel engines, such as those under agricultural use. · Modification of fleet vehicles andlor other mobile sources. SJVAPCD Mitiaation Fund: Air quality mitigation fees, at the amount to be determined by the SJVAPCD and the subdivider, are due to the SJVAPCD Fund account at the time of the final map recordation for each project phase. Proof of payment and SJVAPCD mitigation certificates shall be provided to the planning director prior to recordation of each phase. During the life of the Project, if the City of Bakersfield adopts an emissions mitigation program that provides equal or more effective mitigation than the measures listed above, the developer may choose to participate in the City's program to mitigate air quality impacts. Cumulative Impacts 5.7-6 Impacts on regional air quality resulting from the proposed Project and cumulative projects may impact existing regional air quality levels on a cumulative basis. Analysis has concluded that less than significant cumulative impacts would occur with incorporation of mitigation measures. Facts Supportina Findina The cumulative analysis is based, in part, on a quantitative analysis of projects in the vicinity of the proposed Project, and is supplemented with an analysis of data utilized by the Kern COG adopted regional growth forecast used for the regional air quality conformity analysis required by the 1990 Federal CAAA. The nearby project analysis quantifies operational project impacts along with all identified projects in the vicinity of the proposed site for comparison with the Basin totals for NOxand RaG. The Kern COG analysis confirms whether the proposed Project, when added to existing and proposed development and compared with local and regional growth forecasts, are in line with those forecasts. The analysis then determines conformance with SIP emission budgets or baseline emissions for TACs, NOx, ROG, CO and PM10 and provides a detailed description of the Project's overall cumulative impact on air quality. Based on the emission estimates provided above, the proposed project represents approximately 28.66% of the RaG emissions and 31.04% of NOx emissions within the project's one-mile radius, after mitigation. From a regional standpoint, the San Joaquin Air Basin has annual emissions of ROG and NOx of 144,796 tons and 184,289 tons, respectively, from all sources. The project therefore represents 0.007% RaG emissions JN 10-103584 38 of 58 June 2005 '< 'ò!\Kf''i o ú' >- -<' ~ m - r- ,~ (;) ORIGINAL --..-..-,,-.---.--- ------->---_.._- - -----~._.._."..."._-_._" ---.----....------- Gosford/Panama Annexation Project GPAlZC No. 04-0057 and less than 0.005% of NO, emissions in the Air Basin. The Kern County portion of the San Joaquin Air Basin has annual emissions of ROG and NO, of 36,026 tons and 62,233 tons, respectively, from all sources. The Project represents 0.028% of ROG emissions and 0.016% of NO, emissions in the Kern County portion and is considered less than significant. Mitigation measure 5.7-6 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.7-6 Refer to Mitigation Measure 5.7 -3a and 5.7 -3b. BIOLOGICAL RESOURCES Short-Term (Construction) Impacts 5.8-1 Construction of the proposed Project would result in temporary impacts on biological resources in the Project area. Project adherence to all applicable construction mitigation measures outlined throughout this EIR, would reduce impacts to less than significant levels. Facts Supportinq Findinq Grading activities would disturb soils and result in the accumulation of dust on the surface of leaves, trees, shrubs, and herbs. The respiratory function of the plants in the area would be impaired when dust accumulation is excessive. However, most of the vegetation on the Project site is non-native or agricultural. Implementation of standard dust suppression measures identified in Section 5.7, AIR QUALITY, would serve to reduce construction-related dust generation. Therefore, the indirect effect of impaired respiration by existing plant species on the Project site is considered less than significant. The Biota Report dated February 13, 2004, indicates that noise levels on the Project site during construction of the proposed Project would likely increase above existing noise levels then return to a lower level following the completion of the construction period. However, temporary increases in noise levels are unlikely to impact wildlife because resident animals are already acclimated to the high noise levels associated with nearby traffic, railroad operations, adjacent development, and industrial uses. Industrial uses adjacent to the Project site have permits that allow operations to occur twenty-four hours a day, seven days a week. The Project is not expected to result in wildlife displacement adjacent to the site due to increased disturbance. Therefore, Project-related construction noise impacts would be considered less than significant. Mitigation Measures 5.8-1a through 5.8-1e of the Final EIR reduce impacts below a level of significance. The measures are as follows: 5.8-1a Refer to the mitigation measures provided in Section 5.7, AIR QUALITY. 5.8-1b Construction vehicle speed limits shall not exceed 20 mph and shall be posted throughout the site for the duration of construction activities. ~ 'òM~1 5.8-1 c During construction, all pipes, culverts or similar structures with a diameter of 0 d~, four inches or greater shall be kept capped to prevent entry of kit fox. If not ;:: fi! õ (;) ORIGINAL JN 10-103584 39 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 capped or otherwise covered, the openings shall be inspected twice daily in the morning and evening and prior to burial or closure, to ensure no kit foxes or other wildlife become entrapped or buried in pipes. 5.8-1d Excavations shall be provided with escape ramps or otherwise be covered to prevent entrapment, or the site could shall otherwise be protected during construction through deployment of a wildlife exclusion fence, which would eliminate the possibility of ranging animals from being harmed during construction. Open excavations shall be checked twice daily, in the morning and evening, to preclude loss of wildlife from entrapment. 5.8-1 e Place culverts th"lt are open on both ends under roads during construction to reduce vehicular mortality of the San Joaquin Kit Fox at fox crossings. Special Status Wildlife 5.8-3 Due to the existing on-site and surrounding land uses, potential impacts on special status wildlife species are not expected to occur. However due to the potential range of such species, conformance to the MBHCP would be required to reduce impacts to less than significant levels. Less than significant impacts are anticipated in this regard with compliance with the MBHCP and incorporation of mitigation measures. Facts Supportinq Findinq During the surveys conducted for the proposed Project, no listed wildlife species or their signs were observed. The federally and state-listed threatened San Joaquin kit fox is known from the Project region, however, no signs of the species was identified on the site. Several areas potentially suitable for den sites were investigated in the surveys, including pieces of irrigation pipe sections lying on the ground. However, no signs of occupancy were noted. No San Joaquin kit fox species are known to be in the immediate vicinity of the proposed Project site. The long-billed curlew, a bird species of concern, is known to forage in alfalfa fields near the City when migrating through the region in the spring and fall. Although the species was not observed during the survey period, they have the potential to occur on the Project site during the species migration period. No other species of concern were observed or expected to inhabit the Project site including, the Federal and State endangered blunt-nosed leopard lizard, Federal species of concern and State threatened San Joaquin antelope squirrel, Federal and State endangered Tipton kangaroo rat or other listed or candidate species is located on this intensively farmed parcel. Compliance with the MBHCP is intended to conserve entire communities and ecosystems. Although not known to occur in the immediate vicinity of the proposed Project site, impacts on habitat for special status species, including San Joaquin kit fox, will be mitigated through the payment of a one-time mitigation fee due and payable to the City of Bakersfield at the time grading plans are approved or building permits are issued. The mitigation fee, as previously mentioned above, is currently $1,240 per acre, although it may be increased in the future to keep pace with inflation. The mitigation fee will apply to the acres of all vegetation types directly impacted by the proposed Project. Therefore, less than significant impacts are anticipated. I;,AKf ,<1' Mitigation Measures 5.8-3a through 5.8-3d of the Final EIR reduces impacts below åJ ~ m T- ) (;) ORiGINAL >- JN 10-103584 40 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 level of significance. The measures are as follows: 5.8-3a As required by the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) take avoidance measures for San Joaquin kit fox dens, follow all agency guidelines regarding kit fox tracking and excavation to prevent entrapment of animals in potential dens. 5.8-3b Prior to construction, conduct preconstruction surveys for known dens, bat roosts within the water tower, building attics, and nest sites and implement appropriate and/or necessary take avoidance measures for the San Joaquin kit fox and protected bird species in accordance with the MBHCP and the Migratory Bird Treaty Act. 5.8-3c Conduct preconstruction surveys before disking or ground disturbance to ensure that no California ground squirrel burrows are present and to prevent potential entrapment of burrowing owls. Survey the buildings and water tower to ensure that no raptors are nesting at the time of demolition. If nests are encountered, use agency-approved buffer zones and avoid nests until the young have fledged. 5.8-3d If any previously unidentified protected species that is not addressed in the MBHCP is found to be present, avoid the species and have it evaluated by a qualified biologist. Notify the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) any previously unreported protected species. Any take of protected wildlife shall be reported immediately to the CDFG and USFWS. Long-Term Impacts 5.8-4 The proposed Project would result in permanent long-term impacts on biological resources compared to existing conditions. Analysis has concluded that no significant changes in composition or distribution of vegetation or wildlife would occur. Mitigation measures are recommended at the end of this section to ensure long-term impacts are less than significant impacts. Facts Supportinq Findinq Wildlife Movement Due to the existing use of the site as an agricultural field, the proposed Project does not serve as a regional wildlife movement corridor. The consistent and frequent cultivation and maintenance activities associated with an active farmland are not ideal conditions for a wildlife movement corridor. Furthermore, the industrial uses to the northwest and south, and the residential neighborhoods to the north detract from the overall likeliness of wildlife movement in the area. Commercial and residential uses may increase the amount of traffic locally and the potential for vehicular mortality of threatened, endangered and other protected species, including migratory birds. Implementation of recommended mitigation measures would serve to reduce the significance of vehicular mortality rates. Noise JN 10-103584 41 of 58 '< 'òAK~1' () ~ >- - ~ ~ o (;) June 2005 ORIGiNAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 The completed Project would result in increased traffic volumes and noise levels that would presumably increase over present levels as the traffic and occupancy increases. However, noise levels are already relatively high on the Project site, with industrial uses northwest and south of the site, traffic on adjacent roads and rail operations on the Union Pacific/Sunset Rc:ilroad along the west perimeter of the site. Therefore, the permanent noise increase resulting from the proposed Project would be considered less than significant in regards to wildlife. Night Lighting Night lighting would increase due to car headlights and project related parking and night lighting during and after completion of the proposed Project. Lighting associated with car headlights would not be present throughout the night and most of the light would not stray onto adjacent properties. Additionally, the night lighting proposed for the project is designed to reduce stray light into adjacent areas. Resident animals are already acclimated to existing lighting associated with the adjacent development, roadways, and industrial uses in the region. Refer to Section 5.4, AESTHETICS/LIGHT AND GLARE, for measures to reduce light spill over. Therefore, Project-related night lighting would be considered less than significant. Food Waste and Garbage Extensive litter frequently accumulates around residential and/or commercial developments. The San Joaquin kit fox and other animals also may eat plastic sandwich bags or other non-food garbage items that may cause their death. Solid waste debris and litter may also accumulate and become a fire hazard. Both waste and fire can have adverse effects on wildlile habitats. In additional solid wastes may attract coyotes from the adjacent agricultural areas -that could impact the urban San Joaquin kit fox. The provision to include covered litter barrels at appropriate location would serve to reduce this impact to less than significant levels. Mitigation Measures 5.8-4a and 5.8-4b of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.8-4a Lighting shall be shaded or shielded and directed down and away from adjacent agricultural areas to minimize increased predation of species that may be using the adjacent agricultural fields. Refer to Section 5.4 AESTHETICS/LIGHT AND GLARE, regarding light spillover and glare mitigation measures. 5.8-4b All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting ranging kit fox or other animals to the site where they may be harmed Cumulative Impacts 5.8-5 The proposed Project would result in the cumulative loss of open space/agricultural resources within the City. Cumulative projects are mitigated on a project-by-project basis and in accordance with applicable loca/, State, and Federal requirements including the MBHCP. :>... 'ôÞ>.K~ ,j- '>'ú' .." m r- () () ORIGINAL Facts Supportinq Findinq ';:. JN 10-103584 42 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 The City of Bakersfield is expanding rapidly in the northwest and northeast with new residential and associated commercial development being constructed. Cumulative development within the southwestern portion of Bakersfield would have the potential to adversely affect area biological resources. Regional loss of native areas is a significant issue. The Bakersfield area is subject to the provisions of the MBHCP, thus cumulative impacts have been addressed and considered mitigable to less than significant levels. CULTURAL RESOURCES Archaeological Resources 5.9-1 Implementation of the proposed Project may cause a significant impact to unknown archaeological or historical resources on-site. Implementation of the recommended mitigation measures would reduce impacts to unknown archaeological resources to a less than significant level. Facts Supportinq Findinq No potentially significant cultural resources were identified on-site or adjacent to the proposed Project. Similarly, no resources were identified in the proposed Project during previous studies that involved the Project area. Four historic resources were located as a result of the pedestrian survey, and include a historic trash scatter, two-story house and associated out buildings, the Stine Canal, and the Sunset Railroad. The trash scatter does not constitute a significant resource and has been mitigated through recordation and collection by a qualified archaeologist. Additionally, neither the McCutchen house nor the Stine Canal are included in, nor appear eligible, for inclusion in the National Register of Historic Places (NRHP) (under the National Environmental Policy Act [NEPAl or the California Register of Historic Resources (CRHR) (under CEQA). The portion of the Sunset Railroad adjacent to the Project site remains in use and will not be impacted by the proposed Project. Since the historic resources identified within the Project site are not of significant importance, the Project will not adversely affect any known cultural resources that are included in or appear to be eligible for inclusion in the NHRP or the CRHR. As indicated above, the Project site is included in an area that was historically inhabited and important to peoplE) during the prehistoric era. It is possible that erosional or depositional processes, along with the use of the Project site for agricultural uses have obscured cultural remains that may be present. While it is unlikely that significant village or habitation sites exist within the area, there is always the potential, regardless of how remote, that cultural resources may yet be unearthed during construction. Ground-disturbing activities for the Project may involve grading for construction and the excavation of the Stine Canal for relocation. Implementation of the proposed Project therefore has the potential to disturb or destroy undocumented archaeological or historical resources. Measures such as proper monitoring of Project grading activities and testing of any resources found as a result of Project development would reduce potential impacts to undocumented archaeological resources to less than significant levels. Mitigation Measures 5.9-1a and 5.9-1b of the Final EIR reduces impacts below a level of significance. The measures are as follows: 'òMt''9 ()~ <1' '" :>.. ~ .... fT1 _ r- <.J (;) ORIG!NAL JN 10-103584 43 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 5.9-1 a If archaeological resources are discovered during excavation and grading activities on-site, the contractor shall stop all work and the Applicant shall retain a qualified archaeologist to evaluate the significance of the finding and appropriate course of action. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed and the treatment of discovered Native American remains shall comply with State codes and regulations of the Native American Heritage Commission. 5.9-1b If human remains are discovered as a result of the Project during any earth removal or disturbance activities, all activity shall cease immediately, the Kern County Coroner's Office must be notified immediately under state law, and a qualified archaeologist and Native American monitor shall be contacted. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. PUBLIC SERVICES AND UTILITIES Fire Protection 5.10-1 Implementation of the proposed Project will not result in the need for additional fire facilities or personnel. Potentially significant impact. Compliance with fire safety standards and requirements and implementation of mitigation measures would reduce potential impacts to less than significant levels. Facts Supportina Findina Due to the potential increase in urban development beyond existing conditions, additional demand for fire services may occur with implementation of the proposed Project. The City of Bakersfield Fire Department has not established a ratio of staff to resident population, however, current fire personnel are at a ratio of 0.79 per 1,000 population. The Kern County Fire Department operates a ratio of 1.05 fire personnel per 1,000 population. According to the service ratios of the City Fire Department and the potential population increase on the Project site, approximately 3.2 additional fire personnel would be necessary to maintain the current service ratio. The County Fire Department would need an increase of approximately 4.23 fire personnel. The City of Bakersfield Fire Department indicated that a future fire station, Number 14, is proposed to be constructed within the next five years. According to the Kern County Fire Department, the proposed Project would result in a significant increase of traffic in the site vicinity, which would create delays in emergency response. Additionally, the County Fire Department indicated that the increase in construction and population would increase the number of medical aid calls. Therefore, the conditions for approval of future development on-site may include an increase in Fire Department personnel and additional emergency equipment in order to maintain an acceptable level of service. The proposed Project has the potential of having short-term construction-related impacts. If during construction there is a need to redirect traffic or block access routes or residential streets, this could result in potential delays to emergency response times. This temporary impact would not be considered significant, however, mitigation measures pertaining to coordination during construction are provided to reduce impacts to less than significant levels (refer to Section 5.5, TRAFFIC AND CIRCULATION). Additionally, compliance with fire safety standards and requirements such as sprinkler JN 10-103584 44 of 58 June 2005 '< 'ôAKf/ì () \P >- "" r" m ,- T- () t) nn'(:;!NAL ,.----.- -,---." ..__.._-,.,._---_.._~..._- ,-------, Gosford/Panama Annexation Project GPAlZC No. 04-0057 systems, fire alarms, emergency access and adequate fire flow at public and on-site hydrants would be required during the plan check process and would reduce impacts to less than significant levels. Any development on-site shall be subject to the provisions of the Uniform Fire Code and local amendments, Title 19, 22, and 27 of the California Safety Code Regulations, the Bakersfield Municipal Code, and the National Fire Prevention Association Standards. Mitigation Measures 5.9-1a and 5.9-1b of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.10-1a Future development projects shall be reviewed by the City and County of Bakersfield Fire Departments. Specific Department requirements for access, fire flow, hydrants, or other fire and life safety requirements shall be addressed at the subsequent property entitlement phase. 5.10-1 b Residential projects shall meet fire-flow requirements in accordance with relevant City building codes, City fire codes, and the requirements of the Kern County Fire Department 5.10-1c Traffic signal pre-emption devices shall be installed on all new traffic signals and a signal pre-emption transmitter shall be provided by the applicant for Kern County Fire Department Engine 53 from Station 53. 5.10-1 d Because of the potential increase in construction activity and population and the resulting increase is medical aid calls, an automated external defibrillator (AED) shall be provided by the applicant to Kern County Fire Department Station 53 of the Kern County Fire Department. 5.10-1e Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term construction mitigation measures. Police Protection 5.10-2 Implementation of the proposed Project will not result in the need for additional police facilities or personnel. Impacts are reduced to less than significant levels with compliance with City standards and implementation of mitigation measures. Facts Supportinq Findinq Construction of the proposed Project would create an increased demand for police services on the Bakersfield Police Department. At build-out, the proposed Project may generate a population of 4,024.35 persons. The City of Bakersfield Police Department has a current staffing level of approximately 1.3 officers per 1,000 residents. This population increase would translate into an optimal increase of 5.2 sworn officers to serve the site at Project build-out. This population increase would not generate a need for additional non-sworn officers, clerical personnel, and administrative personnel, as that ratio is one clerical and one administrative person for every six sworn officers. Similar to the fire protection services, the proposed Project has the potential of having short-term construction related impacts. If during construction, there is a need to redirect traffic or block access routes or residential streets, this could result in potential JN 10-103584 45 of 58 June 2005 . >õþ,K<ò-<> ~ ?(j) '-' '"" ,m T- '" <:> 'q¡f~jNAL ' Gosford/Panama Annexation Project GPAlZC No. 04-0057 delays to police response times. Furthermore, construction areas may require additional police monitoring throughout the duration of Project construction both during day and nighttime periods. These temporary impacts would not be considered significant, however, mitigation measures pertaining to coordination during construction are provided to reduce impacts to less than significant levels (refer to Section 5.5, TRAFFIC AND CIRCULATION). Mitigation Measures 5.9-2 of the Final EIR reduces impacts below a level of significance. The measures are as follows: mitigation measures. Schools 5.10-3 Development of the Project site would generate additional students beyond existing conditions. Potentially significant impact. Impacts are reduced to less than significant with implementation of required mitigation measures. Facts Supportina Findina The Lakeside School District is currently at capacity for students, there is no available classroom space at either of the two schools in the District. Student generation factors within the Lakeside School District are based on a generation rate of 0.50 students per dwelling unit. Table 5.10-2, GENERATION OF STUDENTS, demonstrates the potential number of students generated by the proposed Project. '< ~AKé"-9 o ú' >- -(\ ~ m - T- o (;) June 2005 ORIGINAL JN 10-103584 46 of 58 --.--.- "--.--.-----.'. _._~-------_._~-------" The applicant shall be required to either dedicate land, or pay in lieu fees pursuant to Bakersfield Municipal Code 15.80 which requires developers of new residential uses to provide 2.5 acres of land per population projections of 1,000 persons, based on fair market value. The proposed Project is anticipated to increase the population within Metropolitan Bakersfield by 4,024 people. Therefore, based upon the dedicated land ratio, approximately ten acres for a park shall be dedicated for a park. The minimum park size requirement for neighborhood park is ten acres. Maximum park acreage for x 'òAKI': C) ~ó' , -<' I.::. m June 2005 0 r; OR!r:'!NAl Gosford/Panama Annexation Project GPAlZC No. 04-0057 TABLE 5.10-2 Generation of Students Generation Factors Dwelling Units Total Number of Students Elementary/Middle School 1,350 675 0.5 students/Unit High School 1,350 310 0.2293 students/unit Source: Letters from the Lakeside School District, dated September 29, 2004 and the Kern High School District, dated October 12, 2004. The development of the proposed Project would generate additional students beyond existing conditions and would require the construction of additional school facilities to serve the increased population. Additionally, the proposed Project would be required to contribute development impacts fees to the school districts in accordance with the above-mentioned standards and policies. Mitigation Measures 5.10-3 of the Final EIR reduces impacts below a level of significance. The measures are as follows: 5.10-3 Prior to issuance of a building permit for any residence within the Project area, the applicant shall pay fees to the Lakeside School District in the amount of $91.90 per residential unit and $51.69 per parcel of undeveloped property. Additionally, there are developer school impact fees levied at $2.24 per square foot of residential construction and $0.36 per square foot of commercial and industrial development within the boundaries of the District; the current fees the Project Applicant shall pay to the Kern County High School District are 35% of the statutory $2.24 per square foot for single-family detached housing. Parks and Recreation 5.10-3 Development of the Project site would create additional demand on Parks and Recreation facilities. Analysis has concluded that a/though impacts are less than significant, the Project shall be subject to Bakersfie/d Municipal Code requirements for Parks and Recreation facilities. Facts Supportinq Findinq According to the City of Bakersfield Recreation and Parks Department no existing city maintained parks or recreational facilities are located within Y:,-mile of the Project site. Additionally, the city indicated that no proposed facilities are planned for future development and no impacts associated with the proposed Project are anticipated. JN 10-103584 47 of 58 Gosford/Panama Annexation Project GPAlZC No. 04-0057 community parks pursuant to Bakersfield Municipal Code 15.80 is upwards of 20 acres. The applicant is also required to pay a park development fee of $1,275 per each new residential unit. The fee shall be paid before any grading or other land disturbance occurs on the site, or before any building permits are issued. The proposed Project shall be required to be annexed into a maintenance assessment district for the maintenance of all street, median, and sump frontage landscaping as well as for the maintenance of parks. Mitigation Measure 5.10-4 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.10-4 In accordance with an ordinance of the City of Bakersfield, land must be dedicated for park uses by the developer of new residential subdivision projects at a standard of 2.5 acres per 1,000 persons, or the developer must pay in-lieu fees of $1 ,275 per residential unit. Water Resources 5.10-5 Implementation of the proposed Project would not require the expansion of existing water distribution or supply facilities within the project area. Less than significant impact with incorporation of mitigation measures. Facts SUPDortina Findina The Project site is currently adjacent to the domestic water service area of the City of Bakersfield. Upon annexation into the City, City water services would be supplied to the Project site. Consultation with the City of Bakersfield Water Resources Superintendent has determined that the Project can be adequately served with water without adverse impacts on the domestic water supply, system and facilities. The City of Bakersfield and the Draft Water Supply Assessment have indicated that the amount of domestic water available for the proposed Project is sufficient, including water for fire protection service. The net change in groundwater usage from the existing agricultural conditions to the proposed residential, commercial, and industrial conditions is negligible. The additional supply gained by the City from the entitlement of the Stine Canal flow will add water to the City's water supply. Thus, there will be an insignificant change in overall basin or subbasin groundwater balance. The water supply would have to conform with all Federal (United States Environmental Protection Agency), State (California Department of Health Services), and the local agency (Kern County Health Department) water quality standards. Therefore, less than significant impacts on water services would occur. Mitigation Measure 5.10-5 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.10-5 Prior to filing a final tract or parcel map, the developerlowner shall record a covenant for each lot in the subdivision that prohibits the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. Additionally, the developer/owner shall pay City fees for inspection of installation of water facilities and City Water Availability Fees. Payment of fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of each phase of the Project, based on the percentage of the gross acreage ~K contained in the particular phase to be accepted and recorded, as compared with ,:)<~' ('1<1' the total gross acreage within the entire Project. All water main, service ~ ~ - m - T- o (;) JN 10-103584 48 of 58 June 2005 'PIG!NAL M. _...._.__.._._._''^._._~_.__._._~_..,__.__~'_.__._..___._._" Gosford/Panama Annexation Project GPAlZC No. 04-0057 connections, and fire hydrants shall be installed by the developer and dedicated to the City. Plans and specifications for such water mains and appurtenances shall be prepared by and/or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. Solid Waste/Landfills 5.10-7 /mplementation of the proposed Project would not result in increased demand for solid waste services. Short-term construction impacts resulting from construction debris would increase solid waste on a temporary duration. With implementation of applicable recycling programs, impacts would be reduced to less than significant levels. Facts Supportino Findino Implementation of the proposed Project would not result in a significant increased demand for solid waste services. The Project will generate construction debris on a short-term temporary basis during construction. The Project also proposes a limited amount of deconstruction to accommodate the proposed improvements and the anticipated deconstruction materials and raw construction debris are not anticipated to be significant. The County charges up to $36 per ton fee at landfills for disposal of construction waste. Recycling of construction debris would reduce potential waste to landfills in the County and contribute to the recycling goals set forth by the City of Bakersfield and AB 939. Project implementation would therefore not adversely impact existing landfill capacities. Mitigation Measure 5.10-7 of the Final EIR reduces impacts below a level of significance. The measure is as follows: 5.10-7 All construction debris and construction-related debris shall be separated into recyclable and nonrecyclable items to the greatest extent possible. All recyclable debris shall be transported to appropriate recycling facilities so as to reduce waste disposed of at County landfills. To the maximum extent possible, recyclable materials and materials consistent with the waste-reducing goals of the City sha!1 be used for all aspects of construction. VIII. FINDING REGARDING INFEASIBILITY OF MITIGATION MEASURES FOR SIGNIFICANT IMPACTS The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to Public Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3) that (i), that specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures identified in the Final EIR and, therefore, the Project will cause significant unavoidable impacts in the category of Agriculture and Aesthetics, Light and Glare. AGRICULTURE òAK~ <!;., m T- r:;, '''AL JN 10-103584 49 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 Loss of Agricultural Land 5.2-1 Development of the proposed Project would convert prime farmland to non- agricultural uses. The irreversible commitment of prime agricultural land to nonagricultural uses is considered a significant and unavoidable project impact. Facts Supportinq Findinq The Metropolitan Bakersfield General Plan EIR indicates that forecast growth within the City is anticipated to result in the direct removal of a substantial amount of prime agricultural land from production. This direct conversion of farmland to nonagricultural uses is anticipated to result in secondary impacts upon agricultural operations (e.g., restrictions and limitations such as noise attenuation standards, air pollution control measures, and pesticide and fertilizer application practices) located at the proposed urban-agricultural land use interface. Additionally, according to the Metropolitan Bakersfield General Plan EIR, the Project site is located on land designated as prime farmland and the conversion of prime agricultural land urban uses would be considered a significant and unavoidable impact because the proposed conversion would represent a substantial irretrievable commitment of a limited agricultural resource. As mentioned above, the Metropolitan Bakersfield General Plan identifies goals and policies that are intended to provide for the planned management, conservation, and wise utilization of agricultural land within the Planning area. While these goals and policies can reduce significance of the impact of converting prime farmland to nonagricultural uses, without a viable implementation program or other regulatory mechanism in place, the impact on prime farmlands continues to be significant and unavoidable. Conversion of Land Under Williamson Act Contract 5.2-2 Implementation of the proposed Project will require the cancellation of existing Williamson Act contracts covering the entire Project site. Analysis has concluded that the Project meets the test for cancellation of the Williamson Act contracts prior to their expiration in 2010. The proposed Project has been determined suitable for the conversion as proposed; however, the cancellation remains a significant and unavoidable impact. Facts SUDDortinq Findinq The entire Project site is currently under a Williamson Act contract. A notice of non renewal of the Williamson Act was recorded for the site in 2001. Cancellation of a Williamson Act contract requires nine years to fully take effect. If the Williamson Act is cancelled by the landowner, as in the case of the proposed Project, the Act starts a nine year process in which the assessed valuation increases each year according to a specified formula until it is assessed at full market value. A landowner who does not want to wait the nine years may choose to pay a cancellation fee equal to 12.5 percent of the land's total fair market value. According to Williamson Act law, the City is required to make specific findings prior to cancellation of a Williamson Act contract. Government Code Section 51282 permits a city to tentatively approve cancellation of a contract if the cancellation is consistent with the purposes of the Williamson Act chapter or is in the public interest. The findings that 'ò~K¿:1 ~ ~ >- ¡;; r-- r- Ó t) f)RIG!NAL JN 10-103584 50 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 the City of Bakersfield is required to make, and the findings determined for the proposed Project, are the following: Consistencv Findinas (1) The cancellation is for land on which a notice of nonrenewal has been served pursuant to Section 51245. A notice of nonrenewal was filed for the affected parcels with the Kern County Clerk in 2001. (2) The cancellation is not likely to remove adjacent lands from agricultural use. Currently, the adjacent land to the east, west, and south is in agricultural use, with the exception of a parcel to the south containing Golden Empire Concrete and Structure Cast. There is an adjacent agricultural preserve beyond the southwestern corner of the site, and several agricultural preserves to the west and south (nonadjacent). As previously mentioned, the site and all immediately surrounding land is within the City's SOl boundaries. The forecast growth in the Metropolitan Bakersfield area is anticipated to occur at the urban fringes of the City. Development pressure in the southwestern quadrant of the City has increased substantially; however, the cancellation of the site's Williamson Act contracts is not anticipated to contribute to this pressure. Rather, the development pressure is linked to population growth, economic development, and other needs of a growing community. The growth management policies contained in the Metropolitan Bakersfield General Plan are designed to guide and direct growth to its most appropriate location, keeping growth near existing development. Growth in the City's southwestern quadrant has followed a contiguous development pattern westward from SR-99, following market demands and economic trends of the region. The Project site is adjacent to existing and ;>roposed urban development to the north, northeast, and east. As such, the requested cancellation is considered a result of natural growth conditions and is not anticipated to contribute to new development pressures on adjacent agricultural lands. (3) The cancellation is for an alternative use that is consistent with the applicable provisions of the city or county general plan. The Project site is situated within the SOl boundary of the Metropolitan Bakersfield General Plan. The cancellation of the Williamson Act contracts is proposed in conjunction with a zone change and General Plan Amendment (GPA) for future development of the Project site. This EIR acknowledges the Amendment and zone change and provides the environmental review necessary for the prezoning by the City. Therefore, the cancellation and subsequent land use amendments and rezoning would be consistent with applicable Metropolitan Bakersfield General Plan provisions. (4) The cancellation will not result in discontiguous patterns of urban development. The Project site is situated directly adjacent to urban development at the northeastern corner. New residential and commercial developments are proposed to the north with construction activities already underway immediately north of the Project site. Additionally, a portion of the adjacent land to the east is designated for future residential uses. The General Plan provides policies that promote compact growth, avoid allowing ~,"K~1' .)'< ó' " ~ m \-- r- JN 10-103584 51 of 58 June 20050, r:;, t.)rt\~ .~jN~Al Gosford/Panama Annexation Project GPAlZC No. 04-0057 development to leap-frog over parcels of land, and promote concentric growth. Therefore, it is not anticipated that the proposed Project would result in discontiguous development patterns. (5) There is no proximate noncontracted land that is both available and suitable for the use proposed for the contracted land, or development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. Alternative sites were considered, based on the following criteria: · Land use to the proposed site. · Land must not be under Williamson Act contract. · Land must be available for residential and commercial development. · Land must be suitable for residential and commercial development. · Site must be over 200 acres, but preferably larger to provide the range of uses designated for the property. · An alternative site must be within the current boundary line; parcels outside the line would not be suitable because development there would violate the Metropolitan Bakersfield General Plan and prematurely convert agricultural land. · An alternative site must be in the southwestern quadrant of the city; parcels in other quadrants would not be proximate to the site. Residential and commercial development has occurred in areas adjacent to the Project site. Further, based on the above stated criteria for alternative sites, there are no contiguous parcels within the site vicinity of equal or greater size suitable for the proposed Project. Several parcels adjacent to existing residential and commercial development to the north and northwest of the Project site currently possess tentative or recorded use permits. Development of the Project site would follow the natural progression of development in the site vicinity. No leap-frogging would occur as a result of development. Develorment of the noncontracted portion of the site would lead to a less contiguous portion of development, because the parcels under Williamson Act are adjacent to Panama Road. Public Interest Findinas Alternatively, the City is able to make the public interest findings as follows: (1) The other public concerns substantially outweigh the objectives of this chapter. Based upon the Legislative findings in Section 51220 of the Williamson Act, the objectives of the Act can be described as follows: . Preservation of the maximum amount of the limited supply of agricultural land; JN 10-103584 52 of 58 '< 'òM",ç. () ~ >- m r-- r- June 2005 'Z') Oq,,,.INAC' .-.-.-,- ._--_._--,._.-~._---. -~-'--'-------"~~" ,-~._"-,.,~~~-~._.--- Gosford/Panama Annexation Project GPAlZC No. 04-0057 · Provision for agricultural work force; · Discouragement of the premature and unnecessary conversion of agricultural land to urban uses; and · Preservation of agricultura' land for its open space value. Recognizing that Bakersfield is the county seat of one of the most productive agricultural counties in the nation, there is no argument that the public as a whole has an interest in the maintenance and preservation of agricultural land. Bakersfield's economy is and will continue to be tied to agriculture. The question then is whether there are other concerns regarding the cancellation request that substantially outweigh the concern over protection of agricultural land. As previously mentioned above, the Metropolitan Bakersfield General Plan seeks to protect agricultural land; however, the General Plan recognizes that the City will continue to grow at a strong pace. To balance these two interests of preservation of agriculture and land and economic development, the General Plan contains objectives and policies that support a growth pattern that is efficient and orderly. These policies, when implemented through the careful placement of urban boundaries, provide land inside the boundary for growth while protecting land outside the boundary from premature conversion to urban uses. (2) That there is no proximate non-contracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or, that development of the contracted land would provide more contiguous patterns of urban development than development of proximate non-contracted land. Refer to the fifth consistency finding analyzed above. (3) Ability to be provided with Urban Services (sewer, water, roads, etc.). The Project site is directly adjacent to existing and future residential developments. Sewer lines are located along Gosford Road and McCutchen Road and electrical lines surround the site. Currently, domestic water is not yet available; however, adequate service can be provided to the site as a result of its adjacent location to current residential developments. (4) Ability to affect the application of Agricultural Chemicals on Nearby Agricultural Properties. Kern County farmers are required to obtain site-specific permits from the Kern County Agricultural Commissioner for the purchase and use of many agricultural chemicals. The Agricultural Commissioner evaluates the proposed chemical application to determine whether it is near sensitive areas such as residential areas or schools. State law requires the Agricultural Commissioner to ensure that chemical applicators take precautions to protect people and the environment. Based on this evaluation, the Agricultural Commissioner may deny the application or require specific use practices to mitigate any potential hazards. Such practices include method of application, time of day, consideration of weather conditions, and use of buffer zones. When such permit conditions are in place, they have the force of regulation and are strictly enforceable. The Kern County Agricultural Commissioner prohibits the aerial application of restricted chemicals within a quarter mile of any residential area or active schools. JN 10-103584 53 of 58 June 2005 ~M¿:1 6 ~ >- ñí ..- r "0 D ORIGINAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 The proposed Project will not have any measurable affect on the application of agricultural chemicals as the existing and planned developments have already placed these restrictions on agricultural lands in this portion of southwest Bakersfield. Therefore, conversion of the farmland to mixed use is appropriate for the Project site and area. (5) Ability to create a precedent-setting situation that leads to the premature conversion of prime agricultural lands. The Project site is bounded on the north by Panama Lane (an arterial street), and Gosford Road (an arterial street), on the east. Residential subdivisions exist, or are planned, for lands directly to the north and northeast. Each of these factors provides a buffer that would prevent the Project from prematurely converting agricultural land. Therefore, conversion of the farmland to mixed use is appropriate for the Project site and area. (6) Demonstrated Need. Residential growth patterns have been approved throughout the Bakersfield Metropolitan Planning area, including the rural southwestern area. The proposed Project is in response to the surge of residential development in the Project vicinity. Therefore. conversion of the farmland to mixed use is appropriate for the Project site and area. (7) Necessity of buffers such as lower densities, setbacks, etc. As mentioned above. the Project site is adjacent to arterial roadways to the north and east. Currently, there are no single-family residential areas directly abutting the Project site. However, the proposal includes a mix of land uses that are considered compatible with planned and existing uses in the Project area. The analysis and findings provided above conclude that the conversion of the Project site to nonagricultural use would be a significant environmental effect based on the Department of Conservation's LESA conversion model (refer to Impact Discussion 5.2-1, above). The Project, however, is consistent with the General Plan, and meets the test for cancellation of the Williamson Act contracts prior to their expiration in 2010. The proposed Project therefore is suitable for the conversion as proposed. Cumulative Impacts 5.2-4 Development of the proposed Project, as well as the buildout in accordance with the City's General Plan, would result in the cumulative loss of farmland. Implementation of the proposed Project would result in significant and unavoidable cumulative impacts on agricultural resources. Facts Supportinq Findinq According to the Metropolitan Bakersfield General Plan EIR, the conversion of agricultural land to other uses due to development in and around Bakersfield is considered a significant and unavoidable cumulative impact. The forecast growth in Metropolitan Bakersfield is anticipated to occur at the urban fringes of the City and will result in the direct removal of a substantial amount of prime agricultural land from production. Although the Metropolitan Bakersfield General Plan has various Land Use JN 10-103584 54 of 58 June 2005 'ò I'K "'1> ~. ~ ~ >- m '..- ¡-- ó c::. ·...¡Fi~G1NAL Gosford/Panama Annexation Project GPA/ZC No. 04-0057 policies that direct development to encourage site compatibility with surrounding uses, the cumulative loss of prime agricultural land results in a significant and unavoidable impact. The Metropolitan Bakersfield General Plan EIR also acknowledges that some of the Williamson Act contracted lands within the Metropolitan Bakersfield Planning area will be lost to future development. The Agricultural Conversion Study concluded that the proposed Project would not result in pressures to develop neighboring Williamson Act lands and is considered appropriate for the conversion as proposed. Given the site's location within the City's SOl (which is considered the ultimate urban boundary for buildout of the City), the proposed Project would not result in greater impacts on Williamson Act lands than previously identified in the Metropolitan Bakersfield General Plan EIR. Notwithstanding this conclusion, Project implementation when combined with the potential loss of other contracted lands within the Planning area, over time, remains a significant and unavoidable impact. AESTHETICS, LIGHT, AND GLARE Cumulative Impacts 5.4-4 Project development, together with cumulative projects, may result in greater urbanization and the loss of views in undeveloped areas of the southwestern portion of the City of Bakersfield. Unavoidable Significant Impact. The Metropolitan Bakersfield General Plan EIR identified an unavoidable adverse aesthetic impacts, with buildout of the General Plan. Facts Supportinq Findinq Construction of currently approved and pending projects in the Project vicinity would permanently alter the nature and appearance of the area through loss of agricultural and open space areas. As development occurs throughout the Project area, residents and visitors in the area would notice the visual effects of urbanization. The significance of these visual and aesthetic changes is difficult to determine, because aesthetic value is subjective and potential impacts are site specific. Security and street lighting would introduce light and glare potential to the area. Impacts are typically mitigated separately for each project. Cumulative impacts can be mitigated to less than significant levels with use of building materials that are consistent with the general character of the area, landscaping design, and proper lighting techniques to direct light on-site and away from adjacent properties. Pages 5.3 and 5.4 of the Metropolitan Bakersfield General Plan EIR state that development in accordance with the General Plan would convert existing open space to urban uses, resulting in the incremental loss of open space within Bakersfield. This conversion was considered an unavoidable adverse impact, for which a statement of overriding considerations was adopted. The agricultural land use designation contained on the Project site was in effect at the time the General Plan EIR was certified. The Project proposes amendment to the General Plan to allow development of urban uses on the site. As such, the Project, together with cumulative development in western Bakersfield, would exceed the EIR assumptions and conclusions and would contribute additional impacts not previously anticipated in the General Plan EIR. This exceedance constitutes a significant and unavoidable cumulative impact related to aesthetics, light, and glare. JN 10-103584 55 of 58 June 2005 '< 'òM1:1p C) (~(\ >- m 1-- r- ê> C) r¡qIGINAL Gosford/Panama Annexation Project GPA/ZC No. 04-0057 IX. FINDING REGARDING ALTERNATIVES The City of Bakersfield, having reviewed and considered the information contained in the Final EIR, appendices to the Final EIR and the administrative record, finds, pursuant to Public Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3) that (i) the Final EIR considers a reasonable range of project alternatives and mitigation measures and (Ii) specific economic, location and/or other considerations make infeasible the alternatives as follows: No Project Alternative The No Project Alternative undertakes no residential, commercial, or industrial improvements within the Project site. This Alternative serves as the baseline against which to evaluate the effects of the proposed Project and other project Alternatives. The No Project Alternative would produce no immediate environmental impacts; consequently, no mitigation would be required. The No Project Alternative would not result in any of the environmental impacts associated with the construction and development of the proposed Project. This Alternative would avoid potential impacts resulting from alteration of the Project site's physical characteristics and construction of residential, commercial, and industrial structures and impervious surfaces. Maintaining the Project site in its existing condition would also eliminate potential impacts to agriculture, public health and safety, aesthetics, traffic and circulation, noi5e, air quality, biological resources, any unknown cultural resources, and public services and utilities. Implementation of the No Project Alternative would avoid the environmental impacts identified for the proposed Project, however, this Alternative would not preclude the potential for development of the Project site at some future date. The development of this site and the surrounding areas has been envisioned in local and regional planning documents. Given the level of existing and planned development in southwest Bakersfield, it may be anticipated that the development of the Project site would be proposed for construction at a future date. The No Project Alternative was rejected as not being environmentally superior to the proposed Project. The No Project Alternative does not meet the Project objectives. This Alternative would also be inconsistent with the General Plans for the City of Bakersfield and County of Kern. "Development in Accordance with Existing General Plan Designation" Alternative The "Development in Accordance with Existing General Plan Designation" Alternative allows the Project site to be developed to the maximum intensity allowed under the existing 2020 General Plan land use designation. Implementation of this Alternative would consist of development on the 300-acre Project site under land use designation R- IA (Resource - Intensive Agriculture, Minimum 20-Acre Parcel Size). Development in accordance with this designation would result in construction of one dwelling unit per 20 acres (yielding 15 single-family dwelling units), and would allow continued agricultural production on the individual 20-acre parcels. The following discussion evaluates the potential environmental impacts associated with the "Development in Accordance with Existing General Plan Designation" Alternative as compared to impacts from the proposed Project. !<.9;Mf" () "~ >- ~ .... tn - ,.. " ö ORIGiNAl JN 10-103584 56 of 58 June 2005 Gosford/Panama Annexation Project GPAlZC No. 04-0057 This Alternative, when compared to the proposed Project, would not require a General Plan Amendment or zone change. This Alternative would be consistent with land uses identified in the General Plan and Zoning Ordinance, and would not modify the existing City corporate boundaries. Implementation of this Alternative would substantially reduce the number of dwelling units; therefore, the development intensity and subsequent land use impacts would be less when compared to the proposed Project. The "Development in Accordance with Existing General Plan Designation" Alternative does not meet the Project objectives for construction of a mixed-use neighborhood. Although implementation of this Alternative would be consistent with the existing General Plan designation for the Project site, not all of the stated Project objectives would be satisfied. Although this Alternative would result in a decrease in impacts related to all environmental issue areas, this Alternative was rejected because it does not fulfill the objectives of the proposed Project. "Estate/Residential Densities" Alternative Under the "Estate/Residential Densities" Alternative, the Project site would be developed to the maximum intensity allowed under the General Plan Estate/Residential land use designation (maximum 1.0 dwelling unit per net acre). In addition, this Alternative would have no General Commercial (GC) and Light Industrial (LI) areas, as would the original proposed Project. Implementation of this Alternative would develop 300 acres under the land use designation Estate/Residential (maximum 1.0 dwelling unit per net acre). Development in accordance with this land use designation would result in the construction of 300 single-family dwelling units. The "Estate/Residential Densities" Alternative would decrease impacts, except on agriculture; public health and safety; aesthetics, light, and glare; and cultural resources. However, because of the significant reduction in residential units, the "Estate/Residential Densities" Alternative would only partially meet the Project objectives. Thus, this Alternative was rejected. "Alternative Site" Alternative To respond to the criteria for lessening the effects in comparison to those of the Project, three nearby sites have been identified. The sites would be consistent with the Project objectives and with the Metropolitan Bakersfield General Plan goals and policies for efficient and orderly development. As shown on Figure 7 -1 ALTERNATIVE PROJECT SITE LOCATIONS, these sites are: · Alternative Site Location 1. The northern half of Section 27, located southwest of the Stine Road and Panama Road intersection. · A/ternative Site Location 2. The northern half of Section 28, south of Panama Road, between Gosford Road and Ashe Road. · Alternative Site Location 3. The western half of Section 20, southeast of the intersection of Pacheco Road and Old River Road. Based on the above criteria, there are no contiguous parcels within the site vicinity of -OMs: ~ ?'ó' "" m June 2005'::-, T- " r:;, on't":I-~< '.~ - JN 10-103584 57 of 58 Gosford/Panama Annexation Project GPAlZC No. 04-0057 equal or greater size suitable for the proposed Project. Residential and commercial development has occurred in areas adjacent to the Project site. Additionally, several tentative tract maps (TTMs) have been submitted to the City of Bakersfield for parcels adjacent to existing residential and commercial development. Specifically, Area 1 is within TTM 6351; the owner of Area 2 plans to develop the property; and Area 3 is within TTMs 6469, 6467, and 6329. Development of the Project site would follow the natural progression of development within the southwestern area of Bakersfield's Sphere of Influence. Development of the portion of the site not under the Williamson Act Contract would lead to a less-contiguous portion of development because the parcels under the Williamson Act are in the northern portion of the Project site, adjacent to Panama Lane. Environmentally Superior Alternative The purpose of the Alternatives evaluation is to develop Project Alternatives that reduce or eliminate significant impacts. CEQA Section 15126(d)(2) indicates that, if the "No ProjecUNo Development" Alternative is the "Environmentally Superior" Alternative, then the EIR shall also idenlify an Environmentally Superior Alternative among the other Alternatives in this case. The "No ProjecUNo Development" Alternative (Existing Conditions) is the environmentally superior Alternative, as it would not result in environmental impacts associated with construction. However, the "No ProjecUNo Development" Alternative would not satisfy the Project's objectives. The "Development in Accordance with Existing General Plan Designation" Alternative would result in reduced or equivalent environmental impacts when compared to the proposed Project, while meeting the Project objectives to some degree. Although the site would result in minimal environmental impacts, this Alternative would not fulfill the City's objectives, as there would be no commercial or light industrial uses within the Project site and the yield of residential dwelling units would be greatly reduced. The "Alternative Site" Alternative would create impacts similar to those of the proposed Project. Although most of the City's objectives would be achieved, the three Alternative sites are not available for acquisition or development because of existing TTMs and plans for the sites. The "Estate/Residential Density" Alternative would have similar adverse impacts on agriculture; public health and safety; aesthetics, light and glare; and cultural resources. However, this Alternative would have lesser impacts on land use, traffic and circulation, noise, air quality, biological resources, and public services and utilities would be reduced, while meeting the proposed Project's objectives to some degree. Based on the reasons stated above, the proposed Project is the environmentally superior Alternative because no other Alternative feasibly achieves the objectives of the Project and avoids the potentially significant impacts of the Project. S:\GPA 2nd 2005\04-0057 Panama-Gosford EIRlzz Findings of Fact for EIR.doc JN 10-103584 58 of 58 '< "òI>.K"1 G <!;. ;.. - I- m o r; June 2005()p!G,JNAL EXHIBIT E Statement of Overriding Considerations ~'t>Mt--9 () <!:;, ;.... - .... m _ T- o r:;, Oi=l!~INAL Gosford/Panama Annexation Project GPA/ZC No. 04-0057 EXHIBIT E STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to Section 15093 of the CEQA Guidelines, decision-makers are required to balance the benefits of a project against its unavoidable environmental risks in determining whether to approve a project. In the event the benefits of a project outweigh the unavoidable adverse effects, the adverse environmental effects may be considered "acceptable". The CEQA Guidelines require that, when a public agency allows for the occurrence of significant effects which are identified in the Final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons the action was supported. Any statement of overriding considerations should be included in the record of project approval and should be mentioned in the Notice of Determination. To the extent the significant effects of the project are not avoided or substantially lessened to a level of insignificance, the City of Bakersfield, having reviewed and considered the information contained in the Final Environmental Impact Report for the project, and having reviewed and considered the information contained in the public record, and having balanced the benefits of the project against the unavoidable effects which remain, finds that such unmitigated effects to be acceptable in consideration of the following overriding considerations discussion. The City finds that all feasible mitigation measures have been imposed to lessen project impacts to less than significant, and furthermore, that alternatives to the project are infeasible because they have greater environmental impacts, do not provide the benefits of the project, or are otherwise socially or economically infeasible as fully described in the project findings. The environmental analysis undertaken for the GosfordlPanama Annexation Project indicated the Project would result in contributions to agricultural (loss of agricultural land, conversion of land under Williamson Act Contract, and cumulative) and aesthetic (cumulative) impacts that would represent a significant adverse environmental effect on a project basis. The City of Bakersfield, as Lead Agency and decision-maker for the project, has reviewed and considered the information contained in both the Draft and Final EIRs prepared for GosfordlPanama Annexation Project and the public record. The project benefits include the following: Develop a multi-use project, including commercial, industrial, and residential uses to meet market demand for these land uses. Provide alternative residential land uses including single-family, low-density residential, multi-family medium-density residential, and mobile home park. The mixed land uses will meet market demand for housing in southwest Bakersfield. The combination of single-family dwellings, multi-family dwellings, and mobile home dwellings will provide owner occupied units and rental units at various prices and rents. . Develop a regional shopping center with sufficient size to accommodate pads for two mid-size major retailers. Provide a neighborhl)od commercial area to serve the needs of nearby residents. The neighborhood commercial has a secondary objective of buffering an existing industrial property from proposed residential uses. Provide light industrial property to provide for uses similar to mini-storage. This has a secondary objective of buffering existing industrial uses from proposed residential<, "òÁI(f. uses. G 1~ ;>.. ':!: I-- m - T- ð r:;, JN 10-103584 1 of 2 June 2005 ORIGINAL Gosford/Panama Annexation Project GPAlZC No. 04-0057 The Lead Agency makes the following finding, pursuant to Section 15093 of the CEQA Guidelines, with regard to the Statement of Overriding Considerations for the Gosford/Panama Annexation Project: California Administrative Code, Title 14, Section 15093(a) states: "If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable'." Based on the above discussion and on the evidence presented, the City of Bakersfield therefore finds that the benefits of the proposed project outweigh the adverse agricultural (loss of agricultural land, conversion of land under Williamson Act contract, and cumulative) and aesthetic, light, and glare (cumulative) impacts associated with Gosford/Panama Annexation Project, which cannot be eliminated or reduced to a level less than significant. S:\GPA 2nd 2005\04-0057 Panama-Gosford EIRIzz State of Overridins findings. doc " 'òMf:1 Q ~ >- - .... m _ T- O r:;, ORIGINAL JN 10-103584 20f2 June 2005 EXHIBIT F Mitigation Monitoring Plan ~ 'òAKI",ç¡ o <P :>.. ':!: .... m - T- o (;) oPlGINAL r-- II) o o , """ o 01- Na:: <0 D..D.. C)~ ZI- 00 -c( I-D.. c(::i ><- W....I Zc( ZI- c(z C(W ::i::i C(Z zO c(a:: D..- ,> CZ a::W o LL. en o C) z <C ...J a.. C) z a::: o !:: z o :E z o ¡::: « C) I- :E L-- G> o c .!!! CI ë. ·2 E G> o G> U ,.5 _ CI o c c W o 0 :¡:¡ IE r¡ I'G q:: ~ ï: I ~ e :> III I'G G> :I! c o :¡:¡ I'G CI E :I! c o .¡¡¡ 'S; õ CI .5 :E 'S In - CI .5 c c I'G ii: ~ ;;.. ;;.. .0 .0 "C "C "C '" '" '" > > > e 0 0 c. 5- " 5- " ~ " c. c. () « 0 « 0 I- ~ w a. C) z is ~ C) u.. o w CJ z < =' II) !!? o I- Q: o æ a. ~:ß.e-g~~.8 ~~UJro~::= O~Q)CI)Ooro ..... ;¡:;........ .c. c.. := 0 a. c: CI) 01516 .9_ m....·-...."'O 13"'" ..c a. ~ CD c: Q) C ë;)oC:C'aQ.~ = CD a. Q) Q) U) Q) (t _t/)O).~C.... .c. ~ Q) - q¡'- a. <l)Q)....~~ro~ .c.~co:::l- 4Q..... ::J .~ (/'J Q)O(/)'E"'C>- ~ ..... .Q Q) ~ « ·ê ..."EuEo....:.S:! CI) ro.c. a. E ¡¡:: co ..... ::J:!::: '3 Q.)"C E ro~~o,,"....c: ~:::I>-( )Q)ro"O _ a.g"C.c~ ~ ~"C Q) Q)= Q) 0 ::J Q) 0)- ro:t:: E ..... c: ro cu..c._ "50_ï~cnE~ .g-g~II)(ñèi>Q) C)CO 0 oo-æ Q..c. cu..c- ro._ ro"'" l'OQ)>.å:;......J::. w-o£cãícu-æ .c.c»«E-'" I-- cu.!). 0 c: -c "C-oCI'JO)"cQ)Q) ..c g? Q)~.£~..c ê ~ o'!:::: ~ a. 0 CI) 0 ME5-Q)Eg.m't: . Q) Q).c. :J._ .... Q) LO........_c.."Cma. ,-".-_. ----.~.._.-_.---_...._.,-~,~.__._. -..---- ~~~-g~õ§ ~-.5Q.(/Jii ãj....-cSEcC) -t3~§VJrn·º:2 ro e ~Q) ~ E ~c:m«..cëQ.) Q) C'D-c Q)J:: "tS-c:-crou"'" ::::J ro CU Q)J:: c: - ..c'õ.c.üø8~ "'C"'C «18.$ > c: Q) Q.) en.~ t5 ~ m~~.5.æ(])c.. ~ g-.c ~ m Q) ê Q)'- en m E"'C ('( =:"Cm~Q) Q) ¡¡::~~'-.c..~13 =øm>-~~ o a. Q) Q).c. _ 1::.." o.c...QCõmo =a.-:ætDæ§ o c:..c:E :JiJ,j Q) -g Q) U) Q)~ ~"O U) co¡::~-g ....-5 co Q) .~::I Q) c: ~ ~ .... ' >.- U) :>.2"0"0 0= Q)..!.. ~ co Q) ~.c co J::Õ=E2:>.coJ:: I- U Q) _ U) "O$"OU)coJQQ) Q) Q).cc:ro.... U > == > 0 co 'C: ~ .....O!:§O(l) Q)ro MEc:E:="OmQ) Lri2:!~2:!£æEE Q)="O (I)~ 2:'C: .c!:§~~ .s2 = c.: 0 (I) . ro co ..ê ~ E "0 ~ "5 ,~ (1)"0 ~ Q)o..~'E (ñ' ~ Q).£ E .... 00 e£.æ cog! Q) I- c.. rn rn 0 £ « c.. "0 .c ........ro§~~cocñ ~c.:e« "OÆ Q)crom =Q):!:: ê6.æ-"O ~"t),~ ï:: co c -0 rn ~ U 2-Q)'õroQ) Q)m (tj e~ J::õ(l)"Oc> rn Ci...."O-Q)I-Q)c o Sa Q) ro c..oo.....- g. ....coU)~êrn«roO" :c 0 rn c.. Q).£: (I) E ëm-g,~.c ~(tjm "0 Q) ¡ß ::10"0 (I)~-'~ U) c E........>.CtlCtlJ::_t:».. m m::l c>'t: ~ ::I _ m c.: Q) c: ~~~8.co·~mE·§-g g .=Q)OOQ) c.:'õ"Oü CtI~Q)E.c",c..£Q)à3 "'£ > __~ .... .c "0 (I) _ _ ~~C{'~Q)-g¡fi_§§~-æ xuc.:_J::roJ::(õ '_Q)J:: w~OOI- 1-.c.:"Om-(I) ~ (I) Q)'::: c..2:! "0 >:>.. 2: ~ ::I ::I .......o~~Q)oc:m rhE·üoo(l)c.:mQ) Lri2:!~«.g8üE $ .¡¡; ,,: o -ö '" ::: Ë ~ '" c. '" (¡j . $ .¡¡; ,,: o -ö '" ::: Ë ~ '" c. 2 '" ª e ~ ~ 0", .;..; m "0 ~:g æ É:; c: '" '" o ~ m :æ,~;E ~~:æ à3 x'õ e:£ w~oo '" (¡j 0; '" o c. '" 15 . ~ :¡¡ " " .c: o '" " '2 o Q. " I>: 'C c: .. '" .§ g .~ o ::Ii c: o '" .. ~ ¡¡¡ '" o o N ,..: a. w VJ ··3Ç;,i\~ ~ i:~ ; z xm . ¡¡: WT- '..> (;:) QRIr::INAL :!i , :;¡ " .. .<: e () 0 '" ~ ëii 'E ':;: 0 I 0. i5 ~ CI " ~ e .. '6 '" ~ -:¡ .~ g ŒI '" 0 :IE ~ .2 1i ;g' CII i i () e ,!!! CI is. e '¡: E , a: 0 U e ... i '51 0 e e W 0 () ~ IE I'll CJ I'll .. o¡:: I- '¡: CII > , i CII .. ::::I fI I'll CII :::E e o ~ I'll CI :e :::E CI ,5 'e e I'll ii: N >. >. >. >. .c .c .c .c 'C 'C 'C 'C '" '" '" '" > > > > e e 0 0 0. 0. 5- 5- c: 0. c: 0. c: 0. c: 0. <{ 0 <{ 0 <{ 0 <{ 0 ~.9~ _oë '" ,.,'" ..!:wÕ "'2:0. f? ::I ",0.0) E >..!: ....:="E .E::.;::::co ",::10) c:_ '" !!' r¡ ~ -0", 'õ-IE t:~ ::s 0.....-0,.....:., :.;::::-800 g~eô ëii .~ o.e:. ~ 2: C) 00 o ð.:ê ~ mQ)-OQ) ~£ æ-§. E~..e:ë IE~(¡;-o >. c o.~ c ::s 0 ro <t: ~ 6..§ Q) ü~~ ...--6:';::::0 MCæ~ ~8~8. Q) Q) ~co_õ'Cc:~.9 ~õ >'J>=.e W Q)ë·=..!: £!:'V ~ Q)oro::sE~Q)<t:Q EE~'C"'ü~ 2:1J2:ø~øo=E_~ -.........C~~Q)0 ::Sc::SQ)oo'-~roc-> ~Q)m·- ~-..c:W OOQ)OO~O-O·=..c:·-W EQ).J::.E ~:';::::"""(3 OOOOQ)~~:groooro= ~ (¡;-o;S~æ~c O~..c:'Vœ::s ë~"'- 0. wcro-c Q) øm.....~~oc~o ~ o::soæ'-mi Q)....oO oo~rooocoo C).....~o _> ~ m..... Eoo'SQ) .!:~~:g~me~ ~~~¥O!~lEg~3 -coo....::s.....s:::.0.0 ~.....~ ~'v roQ)woQ)ooo......oocæ~~ë>.~oo~o~ ~.....-c..c:~.....ro~ëiirooo~~Q)~>~.9~~_ =~wQ)co::s>.~Q)-~E._Uooooc:o O~ ~ro""'C)Q)~"" ~ ~ n,ro >. ~ O.....Q)-Q)O'Q)mQ)u ~ roü COOcQ)Q)~O""Q):';:::: ..c:~roro""~ W m ::s.....-O'Q) _'-Q)~ OOO-c ~ E-·~io.EO~~.s:::. õi§ <t:Q) <{ -....-c .....<{ -~O"'" 00 ~.s:::.> OOcUo. ~~9roQ)Øb~~-~tj~ wiro'~~ü~~~C'!:~ð§oE'~Q)~ ~ oO'Q)....öQ)coöoê.... 0 Q)~,Q) c ~~m·~oO'mEQ)~Q)-Q)ro·~Q)oü m=o _....:.;::::ooo-_ro.J::.Q)-cE~-c·c ::sro:';::::Q)o~o~_oEQ)E-"">' Q)Sro- ~..c:OO..c: ro 00 -c omc o.w-c.~ .- 00 ~- ~ Q)m-cë Q) ° C)-.æ m C)oo 8~o c Q)..c:.- c m-C- c-c ro Q) C·- .9ë'õEo-~meo-c·EQ)·c""o·E-croO~ m _ >< ~ .- _ Q)'- :t:: Q)....... .-.... ro.... .....y~·~Q).æE:gE.....=s·êroQ)Sm>. ë .Q~o eQ)~~S.Q::se~E~e~~.!:o ....0.:.;::::-.-> ~e....cr8::s -c0..c: ü ~roro~Q)~ë~8~~,OOC)Q)~ -Co ~oo~>.Q)j Q)~Q).!:.~~~Q)_e~ Mi~~~ë~Æ~~~Ø~·~i~Ø~~~.ê M'~e Q)::S~ -6' :;¡~:;¡ë ....~~'t:ë=ª::s .....OQ)~oE_Q)~..c:oo..!:oQ)ooooQ)oocr ~~O~-ü.-O....~ooroooO~roroo.o~~ ~-6.9-ö¡ß-6 ro -0 e:.;:::: m - Q) Q) ::S'> Q) m-:t::.E:·-...J ..c:õ·- U 00 Eooro~ Q)..c.- c:: .... >. o::s om Q) e 00 ë'- N 2: Q) Q)._:= ro ::s0~roo..c ooi=o.EQ) '" '" E mo..c:-c-c::s ø 00 ~ >.- Q)~>'meo oo:.;::::e~~ro .9:~(1)~-6Q)Ø -oooü~~m.E"ª -cc~roo..Q)-Q)-c (1)ctSoo ..c:_..cro Udro§w::--cw 00 ~g>Q)E£o .~-; ° O·-..c:-n,oo:g·S ø oo.-O~:!:::Q) (1) Q) o._Ee::s~C'"_ ..c ~~Q)'êoo~1Em Q) _ 00 õ~ro-c""~Q)Q)"" ~ :5 0 m 00 Q) ~.c0 g _ _ oQ£Q)~ro=~ N 0ae OOO-OO~ -O~~ro::s ~ >. Q -~c""'-oo .s:::.o ~ '" Ü -r¡ . ~ ro ::s EQ) Q) -c .- - ....; _0 "' ;t w .,.~ -"">-0 e........ e _ ~<{~~·oQ)Q)·æ~~~·æ Cro I ::s > ._ > E 0 0 - 9- _ 0. >. Q) ..c: 0. ( r- "' ...., õ i'j '" 0 '" c: 0 " .." E _ "v_'u:"-9 <{wzro~15.õ:8à:r--::s-cüQ)""()" W:~Ó> ,-cø _::s ...J.c~ C? § ~ ..eQ) ~ g >- «.- - .~o~_roo\- z~ m Õ ü:w [; OR!r-~1NAL ,., .c - Ë Q; 0. m - o '" " c: '" ::I "' .~ .9 ~ o .<; 0. ~ '(3 J!! . c: o ~ ::I ~ ø c: o " 'C Q) .c .<; " "' ~ 0. £ .~ .9 õ .§. 1J c: '" " 8 " m .S o Ü D.. <{ > ...., CfJ Q) £ . . E ~ "" '" ,g¡ .S "' o ø Q) .c "' m . ~ .!I! :¡¡ u .. ~ c ... '" 0 C ïii :¡; 'S: 0 Q. Õ .. '" CI ." C C .. ~ '" C 'C :I g ŒI '2 0 :IE c 0 '" .. '" '" C ) i ... c ,!!! CI is. c '¡: E C ) 0 C ) U , c ... '61 0 c c W 0 ... ~ .. == ." ... ." "C ¡;: .. ., .... > '¡: e C ) CI. > CI. c: <{ 0 I!:! :I tn ." C ) :::¡¡¡ C o .. ." CI :e :::¡¡¡ CI c ï: c ." ã: .E:..J::,oo....øc u-cø ~....~ ~>--a..Q)J:c:Q) ~uc:c0"co ~c~.,ØS~-.,"'.c.,c~.~~.o_~ ~~ro~~·S~ ¡ro~.y ~gQ)~~~~UE B ~ . is jg e 2 I- ~ ~ õ en g-õ.i:o <D -g æ 2:S c~O>~§~~ .- c:B c....roJ:ro( ,)~E ro~.§ u_c ro~u....~=o~ I-( ,)~c ~MO"C -8 ....=o-ro·c....E .owoo §1l1,'::: 0 øJg .....-g·c g..c: a.Q.O ø='ëü- .....c:OJ::CI)"C wso..a.·_Ø_c..-=Q)EO"°·-·.... ,.. 0 0)1- ., u - _ CD _ (/) Q) «JoE _ C-c - ù..C: "0._ OCe C'- ._ctI ~."C°rJ)~Q)i~=~c~c ·-u ~"Cro~ ø~~-§I-Ec ~Ü(/)a.ro "C(1)Q)_ro~~ .~E~~o Q)"E-g mQ)cE ~~~~~Ei ~~~~( ,)~....(/)~J::~.º>- crooæo~~ ~(/)( ,)8"CJ::c~~"C~ ro~ £~~E- .... E( ,)~ I-~~OQ)~§BE ~¡::Q) "'C.,1='.E w...ccc=-o a. ~:2"C:.t;cu:o:::: ......r- .... 0.- m c .c (/) ". > Q) U :> WC "C(/)'fficn ~_~m~uroQ)e>2Q,)ro .c_._2_"'_- S c..xo c...~ c:n.J::", 0 J!3 cu.,--:-ro a.ej¡) ....0- ". .... c c - ø u:::l Q) a. c: .:: ëü ~ E Q,) '(ij .- -- ro 0)= - - O".c Co 0 Q) .c :::1:.= _ "'C.... "C a.. ~- c: u 0 ø Q) ro (.) (I)"'C "'01 c(/)(1)- (0-=::.-0.;;>' "0- C(1) Q) 0 t.: (I) oe ü VJ.~ C) cñ « ro "C _ >! (1) roO::~t5~~~ '- ..c.8...c,!:~ ..c.æ~"'o ~-o",~_"o~u~ ocmg Eo~oo~_~e ~ -l3!:5ooc"'ê:::;ã)moomo""'c. Em8..e~mm ~ ~mc~êm~oo~= ~~xc.~-u ~-o .'- 0 ·-""'m cm -u., .c _0 .~C.,_~0000ici~m'5mm..c. c ">. ~ .... cC: Cp>'" 'æro ~- c ~E mm~E;.¡::;w~~m- c.'~~S~·E~ m~E-·cmoo~;'¡::;mEmoo~ i~~.~~§~~~~~¡lii~5i~¡~~i ooiøim~~~~ro~~m~~c ·-m~~·-~ .c"uCl.",~~~,,>~",,~c.m~mEg~~..c.ØCUE _ ...... :> ...::: ctI 0 m 0.._ 00 _ .... 00 0 ctI m._ ---,......- . M ;,;, .c "C ., > o a. CI. <{ c: o o e>ocu~ Q)'õ::2: c 00~:5 oo~ ü.!: ..c.Q):5 «o~'S:~.... ro c: -0 U).!: :>'00 -0 g :>.¡:: 0 ....c( ) roo:!::: ø....-oø- "El3!:!:!;:!:::E-ü~~-m-oo o~¡¡::§'æ~ CO=.2:ctlE., " _ EØØctl=ctlO u m.2:'Eo> E..c.ooctl > '5 ..c. Ü m .!: ,- - ~ 00 S .!: 'õ -8 -_ E ~ -g - ~~ ,- .... £3 ø ,9- ~ ro ~ .c ~ § .?:o 0 .... ~ ·E-:5 ::::) ~ -0 m'- 0. e>.æ ctI .... C" e>=Q):>üo.c:oo_ g,omrocm¡¡::>::::)tU:;2C:o -cõiij~·gÕ~U)ctlE~" g>~,Q_Q;ooc.~C:§ -g. :a.cüøo.Q)ooêEg~Q)""ctlQ) ro.!2.æoE ·~Cõ°c-",- ....0.- ;> 000) o.,þ Q) 0>8~0~UrooZoo-C)cc _ 0"'1:: _ Q)ctlc:·-o o oamm<IJ~ ......c.._ro:::; roU ~ .......:::' -'CE" Q) _.....c.oc::::).....(i)Q)_ro ::::I uw-- 00""..... ooc 0......... cum ,:: c...- .c: <D c Q) Q) - .... û) ro c: _;:; 13 ~ m.c: E æ c: ~ w..... 'S:.c: 2 Q) ;::: ~ I- c. 00 0 00 -0 - :> _ û.i E c: Q) ,- Q) oj u '- '5 _ ~'§ c·- ~ Q) ~ §. 'C () 13 S (l) ro Q) 0 >..... 3: ~ Q) Q) '2; ø .... Q):Sm-o u~ B c~~~ m'o .Q~_""w- -O=cQ)OO.... .....- c 8.o.~~-o 0 m~_a.. a..>m c. Q)-:2:.c: c e E 0'3 Uiro~~- U)~- (l)~ ro o.t ai C" t c: ~ 0) ~ ~.~ E- ..... = ctI:= (l) ¡:¡:: ,QI Q) (l).9 Q) .9-.!: . ctI o..c 0+- <IJ ~ ~"'O.c: -- ::::I.c: ~.c:øoQ)::::)Q)ctlc:øQ)ctlC":!::: L()oooE.cE"'Ocot:Ou.;>EQ)~ "' o o N ¡..: 0- W '" \?"K~ ¿. ~~ >- « ~ I- ~' Q "- ORiGINAL ! ~ .!!! :;¡ , u I " .r= ! c () 0 '" ~ '¡jj :e .:;; 0 I Q. C æ CI '0 ~ C .. ~ '" ~ .~ ::::I .s ID '2 0 I :I! ~ 0 :; '" '" Q i u c .!!! CI ã. c .¡: E Q 0 Q U c - ·61 0 c c W 0 u .. E .. u I! o¡: I- .¡: Q > ... I CI c ï: c .. I ii: >. >. >. >. .c .c .c .c 'C 'C 'C 'C " " " " > > > > I e e 0 e a. a. is. a. a. c: a. c: a. c: a. c: « 0 « 0 « 0 « 0 I!! ::::I 1/1 .. Q :Ii: c o .. .. CI E :Ii: "'C . ~ Q) Q)l1~o.c ~ ffic¡:: = tV .- E ~ (/) ~t~cn~ ..... ~t;:: CI) c.. Q) Q) ~E ë ..cO~Q)Q) " E E ~ .~ 8.~ ~ en U. ro :J'- r.IJ-c.... C'"c: -,,- 0 ~ Q) ,,- >- Q)t;:: .^ ~t:: 'õ' ~ ~..æ Q) o.~ æ ~ g. 'E"ÆEQ)Q. ,,-- E-':= c: c.05-"O~ .Q~~æO" "c: " ã>5E~~ uOQ)....~ 2:!"C.e~Q) ::JCro.....£ '5CUa.0..... LL ~~ 0 ~ °u!fæ ro Q) t;:: C en ~.c:'- co Q) o-~"""" '""': >-c..~:g LO..cCJ).c:CU z o ~ c( u >< w c z 4( C) z ë ~ C) C) z æ ~ c ~mroæ~ :;:¡CI)'t)..c:J ·lL~~~~~~ I Q) 0 clo ~ _ ~ (1).:: _ Q) = c.."'C Q) .... u. >xæ«îQ)>- cQ)-~"E~ o=~>-o(ij :; ~_..c.E> "5Q)-æ"'C-~ g>Cõ~~-ã.ëñ a::.cu>""E¡¡j C1>..Q-u O:€E.e~UJ ü::,::.E;(/)oQ) c.. ()......c 0 «~roo....c.. 2; ~ ì!: ~ ~~ Cf.)CO~£tl.l0 -.c~Q)C 0"ffit:: 0:': 0 - _ ctI c.. E 16 'E~Q)Q)oro ~ .9 1:5 E N "ê !!?:3 .~<,¡::¡ --g:.:: :J'- e - Q) ro CL-§CLæ()~ .... _._ x c go...°läa>.S:! ..... a.:!:: Q) CI) ~ , ......:J "'C ~~ :ß~.E~ LOa..s..._~_ ~ð~Q)æ~~§.ê ~'.¡::¡~:S.c~::iš--= roe8...c::a.o:J.c~ 0)-6 E 0 - ro ro ~ ~ e .S: Q) 2 - ~ J§ ê) c 8: ~£; _ ~ Ii> c: a. 8 'E ro ti).c: ci>~ro 0 Q._2õ C>,,' E'C "'-", u> -::1_(1) 0>"0 ëi)tIJ Co ..c -I:: ct: Q)....e» "'C~ro>.o.º E :; c:= C._ ~ = U == .9-Q)·E~ro-gà)ê -g :J:t:: Q) .-.- 0 Q) 0 g(fJ~e'EQ)ã>:¡::¡.a(.J üu.cQ),C....:.ao"'C C:Q)(/J,!:!>E=o"'C-c .Q 'õ' Q) ~ .9- ..ê :: « "'C to t5ð:§c§-(/J~+oÕæj!3 ~ .... _ Q) (/J'~C'- C ~~Q.:"" c-§Q)§-Q)E c-eQ)c°(/JEQ) ° c: a.,æ ° -.¡::¡ 1::.... æ Ui:a. ·-~æctl '5 _«,~ t5 ° to a.Q) 0- ~'§ .!!!.2- IJ) Q)'c Q) «I -O)cO.... ...."'C ¿ 0) IJ) c: to ::s:! Q) ° Q) ° c C._ - 0) ~ "'C 0.16'-'0 ° o)Q.c ° ° E U t5 c U.æ 0)'- 3: ü ~..Q 2 ~ _ en.!: ê - Q)1;)Q)0aj~J:!!:ß~ ,Cc~ Li....a..-.¡::¡1) .....=80-~,-0) 'S'- I ctI to;;o. (/J"'C >,,_ C "'I1:.c._ a..~ ctI c·"=t5 ~ Ll)(/Joo>~tOüro:: ~(¡)§~~~ - -g ~ I- 'S ~ = . 0-= IJ) o§æ..ê ~.c. a..._ 'S1::.=:B~(/J gS « i: ° ~ .... o.c.O êri ->,....-ü ~.!!a...9a..§ 1:5 ro;:c«'~ ,~en >:! ,2 2;'E e~ca..~enQ) a..~·5Q)-o _ ro g.~ «I Q) ~ ~ ~ ~ ~'!:h :5 ~ _cu.:ßõ·~ _ero-5 ~ o~eno(/J ~ .... üca=- 8" ,,- c .c.S:: E> ~ ° -....... ~ uõõ(ßcc"'C ~ -g.Q I!:! .Þc=-ro16o (/J 0-.9 0)- - C·- >....-.¡::¡:::::I"'C 016 ü)'-O)Q) ü - c .- E Q) - ffi g 0 O)a:: ffi E"'-C: E ,C - e·§: .... ......!! ~ë ° Q).!! ~Q.Q)o_"'Ca. u:i .s a:: ü:ê § .s ë"5~l!:!e.æ~~ ro,- o_ocro .9 .c. 1;) 't C C Q) E C. 3: :::::I,C 8 ro..... 'C: o.c-Eo (/Jü)Q. «", ·ü-ro:::::lO) Q)c.=a..~"'C"'C.!: :5õ>«"'C.æ.c.5 ~.Þ c: > ~ .~"'C ·E- c:.Q""") Q) o.c. Q) °men.c.e--- (¡)U_ I-oo(i) Q.t;;~~ .u.!?c 0):::::1 Q)_(/J.!:x.Q .!: "'C a:: >.~ Q) (is t5 "'C «I 0 .c ';:; ..c « 2 ~Eð:~u=æ .~ co.g« ~ co-£ æ 8 - (/J> .... 0)"0 C. ° """) a. c: Q) Q) "'C en 0.._ ~ O).c. cr.i oC CO"'CUC-Q) c:CO:5.....~.!!:.;::::o"'C:.¡::¡ ro Q)'- .... 0) Q) .... c: 'S :::::I....3:æ (/J~:::::I:'¡::: (/J ro _ 0) 0 () ,!a g. g "'C ~:ß.c. I::: CO .9 .... - Q).- .... () :;J 0) .... a..!a 3: ê æ ro (/J .!: ,Q:æ ê·~·c» m Q) ro ~ a:-£ 8 ~~ E §-£ æ . '" o o N ,..: Q. OJ <J) 'Ì>M~ ¿<~:g ~f' .......- "1'\ :>........r::. _ r-.ZX IT! -i:i:W r- t) () fjQJGlNAL i i :;¡ u ~ .c C U 0 '" c ïii t: .¡;: 0 CI. Õ ~ '" CI ... C c .. ~ '" c .~ :I S !XI '2 0 :! i c .2 1; I '" .. Q ¡¡¡ U c .!!! CI ë. c .¡: E GI 0 GI (,) .: Õ CI C C W 0 , U ~ IE 01 U .. .. r¡: I- .¡: GI > '" CI .: c c 01 I ii: I I!! :I I/ 01 GI :::E c o ~ 01 CI E :::E vi§g>.g5 Q) 13'- t'I:I . ~ ~::J~~æ Q) .::. a. Q) ê; O)(/) ctI 5.0 e! "8 ~c..Q) o -::J- û).....-ccn15 g>.e .~ 0 =§ ~ :a"'C:3æ~8 ::J~(t N( )"C g~ø:s:S§ '-~::J~s~e (/)>'~(I)oC) ro ã).- - c: Q) ~.~t5~=> co 13 ~.- ::J:¡::; "CroQ)E~S Q) Q) t::""Q) €g>~-5.sar .a ïj) = ro co > .!!2..c (tI J:: co "'C Õ ~ g>:!:: OJ :æ c: r./) ëiS :¡: .f;; Q) Q) ::J O>-æ .5æ~L.:·§:ð 1i5êtíe-.æ~.£9 ð£5.~8¡ß . ~ g> <5 ~z. " c. ~ '" c. '" "Ct"C~ ~ >.:3 ro.LJ!9 c."O '" " '" :::I.~- ~:3 .~ '" '" E ~OOQ) ° ,...c: "0-" " ~ ctI:¡::; co '" " :!::~ Cf"Q)0> " " o CD ïiS -",,, Cõ_ 'E E ~ (; rn ° '" '" .t: ~ c. c. " '" '" ~ -"0'" "'",- " ° '" o~;: . d)ci=æ~ .§ :§ J:: ..... ro Q) (/) 0 ~[;¡ß..... Q-.- ( ) .... ~ro .....-O:¡:¡:¡: æ c () -l!;!CCO) = c:.£ ro ~ 0 >. OJ § ~ õ.. c::¡::; 0 0.. "I:: ro E co ::J>Q)>' "OrJ"O'" (l)X-O"C c: Q) c: Q) o ro= .~ 0)£ ,g 'Ë.5 ¡¡:¡: c: Q) §--c 8 ~ " (¡)GctI>. ::J (I'J -s ã) . "C (,).~ g> Q) cñ ~ Ü :.;:: >.!: g>~ ro :E~i5Q)&1 g>2~Q)~ u.. 0> OLD c.. . :æ.9·~Æ "O"'~ ~ CD"'- ~i~O CI):>a>Q. ~;>-O 0>.... - ã)t"C( ,) "'C~"'O£ -ê (,) c: E O~ CO 0 Co Q) ~.:: . tn.....r.n "C æ 0 § Q) ê '::'"C'~~'æ ~.- f]}ë ~ Q) E .- ro > (1,)-0 ('ù 8 ro E Cl)Q)1i)o~ (õ.c::J.c '¡::="C~=æ 2ct1Q).t:.c: ctlJ::- IJJ E~~õ æ c·ê'5 f/).E Q)Q)_Q)S J::ê6"ë138" ~ E~.!: . ~ëÆ-ô~oo~ oQ)l-,$ ::J~ EO-.- "CQ) Q)'~ :9-g ..... '-~ :>."É"i::Æ ~ ~ {ga.ct!:9Q) '" E c. '" " .¡:,.. E·-·!!2 0°0- > E.. :;~~8 00 "O-e Q)0Q)~ ~~"5 a.ct!£-:; >< ct!)( Q) Q)oQ,)Q)c:!:!"O .... - (/J E.... 0"0 0·-"0.- Q) .....:::I"O!r. Q)- 3: .- E c: .......... 0 E ..c.....o- ._ Q) 00 ~.......o =õQ)2Q) Õ "ffic::5.oa.cn ..c 0"'" ~ c: Q) (/J._ ro ~- ='- '" ~ "'''' (/Jct!(/Jõ....Q):J ð"5Q)....~3: .- E '" '>-~ ."'" 16 :::1"= ~-:>..... ~ c: ....000"0 C:oQ) ~ ~ 0 Õ ã..~ ëiS :g ° ~ ",,21"'.- ",,,,o_·-n =~:::Ioo)(:::IE-¡;: <t:.....a.:::IQ)(/JQ)$!: . .!Q~-gCis .~:¡::;:¡ N.r::! Cis "õ>:: := .....:J..o..o ro_ ro ro E cñ 1;) 1;) 0>.91 ,.. ro C:.-- C,) "_ a. Q)._ ð Q) l; E EO>" '" Q)~~"5 ~ ° '" ....00 (5 o....~.... ö8=.$! ....."Ororo (/J:J..c3: (ijo(/J..... "¡;:- (/J æ Q) 0 Q)._ 16 Q)~~ E~"O:::I"Ë 't:.- (/J .~ffi~g'~ "0 Q) E·- Q) "'O..co~a. ro+:J::§:a. ,SEêi5ro$ -«e:::l>..... _"'0..00 . ,..~ -'" .Æ.e '" '6"'''' Q).... ro E°"O EE.¡: .- .... ° '" ° ;: "'o.c: =L!)O '" '" .c:",'" "'"0- _,,0 ""'"0 .£><c: "", '" ~~~ ~ ~ cñQ516 '" > ",,,,"0 ~ " " '" '" '" ".c: '" "'~~ € ~ ëñ ,,"0 '" c:~£ .- ° ÉE§ ~~J:: . '" o o N " 0- W U) J M~.g :>.. <;;'J!: t- ~m v (:) ORIGiNAL I i :;¡¡ u .. J:: C " 0 '" " ïñ € .:;; 0 0. Õ .. " en '" c " to ~ '" " ." ::::I .9 ID ';: 0 ::& " i .2 1i ~ G> i u c .!!! en ii c .;:: E G> 0 G> U c 'õ ï;¡ , c c W 0 " :¡:¡ IE '" " I! I¡:: , l- .;:: G> > 2! ::::I en '" G> ::i c o :¡:¡ '" en E :!! en .5 c c '" ,ii: , >- '" '0 Q; 0. '" ~ ~-5 i:~ '" u > '" ",.Þ o-g E '" 0"5 o~ ~ ~ J::_ :'!:::r::: ~ ~ .æ~ "00 a. >-0; ~~ :5õg> '§ Q) 'S; '" '" ,,0. >- - Q.a>ro EJ::J:: 0-0. () 13 ~ _:s~ Cij(l)t;:: ~ ~.- '" !!1 '0" O)"E ,,'" Q) "S ..... -g ~~ co "'<Ii CD Q):; ~"Su u Ct:: ;: " 0 8°<;; . ~ü.:ai~ ã:i a.. u·- ..c<t:ro(¡; a.> .c ..... rn-,:;t'C <':UJuE . . J::~ 0)'" .- > J::O -~ oJ:: 0. '" E '0 _ o ~ .~ =' 0..2! O)~ " '" ,::::: 0- " '" 'O~ w'E Q) -.;:::¡O "S;N 13 c: . romS' £0 0) 'C .f: (¡; Q)o. '0- '" '" ~ '- ~ ::;¡ 0)0)0 _J:: CD cn m '" '0 " ~.~ 0 ()~'" . >- -'" '0 Q) > E! 0. 0. <.: " o B § ~t5 ~2 -æêi) > " '08 $Q) ",.s:: "1): .. '" " '" .Qro t5!£ 2 '" ø'O c: Q) o > u '" _0. 0" '0" Q)= Q) '" 0." '" 0 Q)J:: £0. "" E . .§ LO.~ ..J~'" § ~o ~.æ S"º E=ro.9 ;;::¡cü Eëh-?.c_E!J:: mma.. (t u;: we) C>"C« I..-~ 2 (/) IIJ.!: :Eo> 11)--", "" Eu'UJ a."""" 9i"'ffio <D o o.........E-.;:::¡> .....ttI ~..8~ë~\1) g.!:w Q)ð3C)-(tI~"C .::¿ .c ..ceccC)xæ ~cñ- :t:::Q.'¡::.Qca> .::.~_ 3:ro.g~ï5)c:0). 0.0 "'C~ uæID£ë "C_ Q.)Q)"'Cx....ÔEQ) æg!~ ~_Q)Q)_ OE mc oc:t5Q)o¿Ea. ~æQ) o..~.æ~ o( ,)~ ..... E Q) o:a Z":¡:::¡ ë "", Q) Q).... ...._._ u.c. Q.) Om.... J:J. c.Q.'§:5 2- Ë.c'3 =OQ) '(ij1i).5:E rouO".(O-.Q(tIcnc: 0 () ::;¡ ~ == .c "'C _ 0 8 >..::: en >(I)~Q)oo. =roJ!:! 'Ë tñ Q) § ~ ~ ~ 1: (l) g>"C =§ Q)Q).,C ,_QocQ)£-Q)- E:; -~ co 0 Q) E :; o'~ Q)(I) 2>Q)=>..æ"C~'õ c..m..c~;m..coom"C';::::; eQ):!:::Q)()w 'ã.CQ.) en - E 3:Ct:: ~.~ro W"E E~ ~ ~.c"C=æ~- Q)(I).cQ)..c~~ "C .c 0)"'0 ..c:::l ............"'0::::1_0)(,)13 «>0:;0='.5: Q) .nÌ58:S~~~Q. . . '" ~ '0 Q) > o 5- 0. <.: " o 32 ~ ~.9 Q)" c: ~COQ)C Q;:s:! g'g -" 0 '" co>=> aJrororo ~ ~ u) c~oQ.)C CD ro= Q) ~-.E-g~ o.~ "'- '" '" oc.. ~ .þuæ~æ Q) I '0 .- _ ~a:¡><t5&. ::;:0'" Q)-- .Þ.5: ~ ;t:: (/) -c~><- >-~.5:..e Ë .cQ.. §.~·e ",-" '" ~§~O)'õ .~~ c·5: ë C'" c: ro"E Q)E ~~cn~c. C .... Q) ro (/)0.E.....þ c:(U(/)(/)c Q) Q) Q) ~c:_ =':.: C '" '" '" '" '0 > EQ)·S ~ 0)0. >0 o o N 'òMf,:,b: '< :~ a - ;: ~~ ÔOR\G!NA~ ~ ¡¡:UJ "''' M .~ ,-'" """, >0:1: ~ , .!!! I :>: u " ~ c: u '" 0 ~ -¡;¡ :e '> 0 Q. C ~ C) " ~ .5 .. :!2 '" ~ 'S .~ £ In '2 0 ::E ~ .2 1;; '" '" G> i u c: ,!!! C) c: Q. '¡: E G> 0 G> () c: .... '51 0 c: c: W 0 U ., IE OJ u OJ .. ¡¡:: , I- '¡: G> > .... C) .5 c: c: OJ ¡¡: >. >. >. >. >. .a .a .a .a .a "C "C "C "C "C " " " " " > > > > > 0 0 e e e 0.. 0.. c. c: c. c. c: c. c: c. c: c. c. c: c. « 0 « 0 « 0 « 0 « 0 , 2! ~ I/ OJ G> :¡¡; c: o ., OJ C) E :¡¡; õai.ææ~ o-g~_~-g( )E>'~ :ßÉ~û)G'õ~ g>.9~-g§<t:õ€æ ~cñ~.ææ~~ë ;>.~ooc ~ Uc:tO ._( )~~~ ...... '~u~m;a ~u _.~§Su·_·-m u~~ m g>o~ro;( )~ ~oo~~oj ~~~~ew-c:,s -~ ø'~E~~ 2.9§-GJ"E ~Cñõ~~C)C) g.~~CI)ü.æ.s "C-:::ICQ)(,)Q)~E"'" o·2:8.....Q)(¡)Z~ û5:;; 0..£ 8 .~ c..c:- co c c..C"':J- "C § C"'~ 0.0" E 0....;> ~~ ~§ã)... 5- §ia......o~"C~ s~ g "Ow -( )~~ ~oro£ ~~E~ ø~c~-"C~"C o~rooroo~EE3C)m~ 2~ro~E<~ ( ) ~...... 0 ~( )(¡):::I( ).....-( ) " - - .c:_ ~ .E .2_ ,,>.a ._!: :::I S:! (.) 0 >,.- to .S! >8 ..ê .5 ~ Q) õ ~ u .~ cu g ~ >0.2: ~ ¿ t5 ~c.( )Coo ~ ~ ( )-D2~ø"C -ro_O) =- ro ~'_ororo ..cQ)Q)."m~roæQ)(/)·~ Õ-C Q) Q)Q) V) -_roLt) roaJ f/J..c :;-=....0- -E....~( )-üc..S( )"C; ....c"CCI)"C·QE ~~æ02~'~..cZ ~~1iZüo,~§~ t5.52~·_""Ø cæc c..o:::l.æ~,S( )E ~ ( )ro _00 ~_-"C_ WOm :J.t:: C. - 0 I- >- 0 0 >- "' Q) ::J - .... \U Q. Q) ø - .. Cf) ," "" UJ Q)'" E . w <1J Q) .... "'C"'" \u..... .-.... I -;;; .... ,ft.........·-· C Cl) Q) '... "C~EQ)a."C>c-Q)~-c:w "....:::I=~OO roc'UC ~~w~ w~~E-~~~~ c:~ E ~~ ~~ - ~~~~ø ~ ~ro ~c_ > ~ - ~ o .- Øæ~_~ ø~ø E~;5~~œ ØOØo .~c·æ o~~E - =0 U¡~~~~~~~~~§~ cüw> ~t ~ø~~§croE~ ~~¡~~~.~~~ -oroc~§o ~ø~ ~I~~~B& ~!~~~.Q~~ ~~i~~2~~·Q §eØ~~~~~~~~ '5 '2møroEe~ ~:~U'æro~~c~ ~OEE~2ooZoU ~-2·-œ~2~ø~o~~ ~~>~œ~ øUSœ ooðro.Q ro EO~ "-ø ~~·æ¡n·~_~øocro ~ø~$E_~ ~ro=£_o=og~ ø._cro .ø~OO ~ ro~~OOø~ - ~ -~~~t~- - ~~ ~~ œ£i~·-E" ~~~ Eøc ~oroøc 00_ roø ~o~øo--œ~ ._~ø~~_ ~ cc~ø~~oo "~£_ro ~c~oo~t= ._cc~ _ EO rot~_ro~SEo oøc~~-~-Ø3&~Ø ·~~~~oø&~ ~~ro~ø~~<~cEm~ø~~ OU o~~s~~~Ø~e~c~ ~ø ~øCf)"~~~roø~ .Q~ u~øcêüø Ce ero 0 ~ø 0 c.øøøroe øo~>~ø ø~ø ~ E~8"-øø B3ro~ro Ueø~e~N øø~"-~ø~ro oø~~=>cooee- ~ rooo o .,x~~ro3-Ø ~ ø"a-C ~~~~308~ro~ro"-Eroro~ØroøE_.,~ ~e~~oU~€o~o¿& ~~ø~5~~oouc - ~ro E ~u~~ø·_o "o~o -Ie~~ -o~ ro~~~~~j~~roi~ ooØZøE~~OO~cr=~too ~~EB~müo~~-c:~~~ _roOOzrog --c: ~_w~_~~üO_"~~ ro~cI2 ~~ro~~~ ~~ø~~~ -~ø .U·5~~-o~~row~ø5 -ª~-~ ~roc~ 000 em -EoEØ~ c£~ø~øro iio"eE.~~o~ '~~~~~BM ~~i_5'~£~~~_~;~~~~ø "5£~U~ro> ~~~~> ro~UUeroS~"~~ C"') ~ ~ ~ ,., ~ 'v ~ ~ ~ s!, err :::g 0 2 ~ "'7 ro = ~ I- "S ~ 0 B :!::" "'7 .~ ro 0 -"ë ø ~ ~~=~ro£~o~~~ Ri~ro¡~~~eo~~~e~cr'S"~S~~e=~30øE~ ~i~~~·i~~i~~~ro~~£ro~roro~ü~øøroro~~~OOI~~roü~E£<S '" o o N ti: w (J) ~~1 ¿. ;¡,!- ó' z~ ~ .>- ü: LU m \- T- Õ 0 ORiGINAL - Q) u <: ,!!! CII ã. <: .¡: E , Q) i 0 Q) U <: Õ '51 <: <: W 0 u .. = 1"11 U I! Ii: I- '¡: Q) > - <: o 'iii 'S; C CII <: ~ ,. !XI ;,:, .c '0 " > o a. o. ..: c: o ~ .!! ;¡: u .. .<: U '" C 'E o Q. &! "C C ~ '" C 'C g 'c o :Ii c o '" ~ '" '" i '" CII <: 'c <: 1"11 ! õ: ;,:, ;,:, ~ ;,:, ;,:, .c .c .c .c '0 '0 '0 '0 '0 ~ " ~ " " , > > > e e e e 0 o. o. o. 0. a. c: o. c: o. c: o. c: o. c: o. ..: 0 ..: 0 ..: 0 ..: 0 ..: 0 I!! ,. en 1"11 Q) :¡¡ <: o .. 1"11 CII E :¡¡ ~ u W :J: U Z < ...I 11- C) z ii2 ::I Q 3:3:(1)"'0-- tDQ)..c::Q)æ~ c: 'S: t- ~ E ~ _2:!:'dc.oo.o - E 0.... roQ)....a.QjQ. _:!::~ >g. 0(1)..... Q) -Q)"C-C 'Oc:.<: c: "ccQ)....._m .~ ro §. ~:: "-0 ~" 0" (t - di ::; 'S: ~:;~..c::uQ) õQ)Q) .... Q)Q)"'C..c::..c::.9 D:!:::ro3::!::T<' _£- 3::rl roroow_E ..c:: ~ c: c: ::J en QJ c'- CD '" .<: '" E 1;5" . 3:-::J Q)'ëi).J:Iê Q) (/)- c- Q) 'S; "á.~ ~ S ëiì E Q,):JQ.) ..c::t: ...... O..c:: (I) ~ c: 1: ~ -c .~ .!a Q) 0)--"5 ..co <ñ-....o-I-_ ( ) æ·g..c: æ en ~; °Eo."'E!S'c a..cn c.. c: co.Q¡ß3:.Qæ~ ~ ~ U.!B ~.!:a.. ~Q)e>"Q)'EQ,) L!)"Oa.....-co= -g ~ ~-g =æ ~ co -Ë (t co cn";- ::IE ë.£ (¡) c: ~ Q) !9 0.. .!!! E Q) E.£ 0 a.t:~·Q.(t ë ..... m (;; :::J E Q.) o a. (t C'" .- Q) Q) Q) Q) ~ '--0 - -c = = e Q)C:~( ) a.rnêõ(t oo.£ c: ~ '" ~ï=8..~-cë -æo·2c:Q)E _uJ:m Õ a..£ ~ .~ _:>.= c: øc- (t :t:::: m 0'8 Q) ~()-æï3..c::"'C 5.Q)....2ã>æ g...c:.§1ijEø -coB ~ 0:>..þ(..)§.9 -.0 §=._~ .... o<tlu> ·§êc,g.Èc: a..~.Q.!: ~.Q . ~Õ(l)OÕ§ (,)!E.È~().ÈE "7~~~o~-g cqa.omëoo L!) (/) 0_._ () () o OJ = Q) -§l!~ (5 ::J f/) ëñ ';;:: .9- (I) æ 0.1;) m rn (/)= (ij d> c: (t ~.!a o..c: c' 0 ~ "'-'Õ) c: ¡,¡::ë'sE 'ü Q) tJ 0 tV E Q.pt= 0..1::: 13 _ en 1n~:C ~.~ -g~~t5~ (t c: ~ 0 ~.Q a. (t ¡g'ë Ü (I) § ro c: 2 co·- a..!!! 1i) >- g Q,.CCO'- ¡jþSn ·õ'0"C '- 0 '- C co u 0... Q) m - CI -5 g> 1/J.5 W ._ m 5 ¡::~~"C"C _.J¡(Q)I/J ",g-~ ~~1i)g% 1'- - W <D§:ãíQ)<J ..o('( =.a~ ClCij ~ CI"C §~·~.5 § _C_Co m~~æl/J "Cëi.i coe:: Q)~ro>-ro -C<J-c ~0~00 .Qc~wE 'OS.<:'O c: _'0 ~m~õm -~c'- =æ ~ ~.Q w .c~cu13£ I/J'C-=-.!~ .- CU I/J 3: 1/J~ì5~ w'- '- I/J §c8:Q)E .r:. æ~£~ ~ ~~ ~.g 8 ~ .g.a.2"i w I/J :!:::""" () .4!Jg-gg.9~ g> ~ 8 -g .!e ûj co8c:c ~ " 0 "C~~.8€~ iOEuj-mc 1 .¡:: w I/J Q. W ~Q)tIJ::::JQ)= iOQ.::::JEOcu ~ C> c: 0.5: tv ~:!2:::t:: ~ 'S ~.a~ >-- _:=:0 "0", " - E" :¡¡ g! E -"" ro G) .= ~'-g. =~ I/J .~ Q) üw= .!!?.<J"C o c: c: 5.{g (u ..... ~ -c: § "'" Cij ~E Ecu81ij ~.5:~g. ëi.i I/J~Q &~~.~ E°U. ~ Q) ~ >- 01 .= ~ ë " '0 " ~O-oo ..0 ~ u () :ß:Eoro~ o.~ - "C-"Co_ C),-w_o .5:.g~_~ 1:W'-cc g~~~~ '-_w~~ .g Cij .a à.·s " _ 0- X ø'iij ~ Q) Q)Q).ctIJ'- tIJ~tIJ~= - ,,'" 13_ ci) "C .~ g.5 CI c uj e <J 1:.~ cu Q) a..~CI.5 I/J"C ( )'C= 0"0 0 .c cu ...... '- <J _ _"CroCI Q)w(u"Cc ãí.c ~ c '2 .c--E.eO -oI/JOI/JN ~ - CI.t: CI"C ::::J § C C C I/J :a >--.;:¡ cu c....::::Jcu.c- w~()3:g~ {3. o.S m Q):2 = "C:Cc .a 'õ. gf ( ) ~ ::::J N"'~Ü=:::;;~' ~Õ~.~ ~~~ iO C ~ "C co__\- en o o N " 0- W en '1t~1n ..J.c u' ,A"- ~ _.c:: _ Z x m ü: LU r- " r:;, ORiGINAL c 0 ¡ii os: C t7I .5 >. :E ;;., .CJ I 0; .c "tJ ID "C ( ) ( ) > > e 0 5- a. c c. " a. 0 <t: 0 <: ( ) u c o!!! t7I Q. c '¡: E GI 0 GI () C Õ 0a. c c W 0 u .. iE I'G U I'G ... ¡¡:: I- o¡: GI > , I t7I .5 c c I'G il: I ~~E~~~~~ri·£~.~~~~~~~ -00 CI) Q.)c ~ "tJ--C:-t,) Q)-(ij....O ~ Q) BS'- e·- - - .g'2: Q. ro _ ~ .~"'O ~ ë ~ B '(5 ro .- C"C.- CO:.¡::¡ " _ c _x 16 Q) Qj (/) ~ '" .~.3~ÊÕ~ ci·£....~~CI)~ e~"CQ)"C._E~~B '" '(3 m~Q) ~!iS~·æ~Q)~i........~.... 'Øië6J2E ( ) J!! EwcQ)U !:: E E-ë6.~Ø~ Q)E....~ "C~~~.º Q) tV E êi5 Q) $ SO£; e Ebõ ~~-""UCl)o~88-ø roro....~ :IE ~cCl)ro"Cc c: .- t::.- ~~"'O~êS~~: Q).£c:~~....j""'i D:: -(/}:JEC»o .¡¡; ->œëij - co 0 c::¡::¡ .g 80 C 0.:::1_ ~Q)§_~....-a.oQ)""£;.ºro~QcoS W o -0_,:::«1 ..!..c:UJWoC: ro....o....O~_ c»"C.-~....o"Cm II. 01"0....0::10) .- 0 Q) a.o....o~roOCl)~roc:~Q)Q)::Jc_"C:J .S:~~cn"C:2 .,j 0.9_ .... E e =O)~Q)~_'æro~ro ca.~roo~~ C) Q..::JcugtJ)E ( ) =t5 ° Q)$t:: oæõ~~õ~~~~"C~§~~~~ß.æ z :t:: ro (t .... CO ro E"C..c:.¡::¡(þ ~'t) ~ü:~ g- :> is rocõco>~ Ë I/) ct::a.Q)cE CI)~Q)o~(/)"'Cü ~ (I):'¡::¡_ I'G to ~~ø~g~~~~BÖQ)"c§~~oro ...J en 8 EÆ 'j Q; .æ "':¡¡ðþëãO GI ~ 5 "C( )1J1Jc.o C. E ._ c: BXë6"'C~~~Q)ouro.~Q):'¡::¡~-"Cº æ.cæcê=Õ '" .... Q) () 0 :IE In '" '§. Q)..c Q) .- ctI _ Q) 0)- 0 II) ..c::Bw>. c Q.-..c t»ï::: roro ~..c::g ~õ~roCl)Q)-~~~m._ -engro- 16 C u.. §ro~ mQ.) e _"'CQ.)~ 0 ~~~Q.)~~~ c-Q.)eCl)~·ö~Q.)~æ 0 :.¡:¡.cm_Ü.c ëã c. ~,g-wn::J2 š-£~·-æroo~~~- Q.)Q.)~~- ro en - _ '" .- ~.- .. m - -.- c ~ ~~ c c W N mo. ~ - o ~ C. 'O'O>-en.9aro I'G Q.)~~~o~c~Q.)oro·æ~en=~·-e '" :s.æg:vSü t7I ~~~ 0 c >- '0 ~-- Ero'O ro.c Cl) ro () ·~:œS¡ß.9¡ß g-o '" ~.m ~1áCf) :e c-·_-·-o_o~ro 0 _ .cen~~ Z õõcE~E :a'E" '" -.c ~- .- 8 - Q.) - I/) c (/I 53 õ~«ŒlQ.)~",,: ~~oQ.)~~~>- ~l/)m~c(\' l/)c~ 0( e Q) Cl).~ ~.~ ( ) '" :IE "C ~ I/)~~'O (\' ~~ ro.c.9a·-I/)S.Q~:V ::::I ro·.....l/)õ Q)Õ C E Q)E £-e o~ Q)«~=Ü :v~-roQ.)c ~E= IJ .ce~co~ro "'- " ()~~~.c "E -Q)~c¿ê~ ~~ .c~~~c= ~ ()Q.. ~~Q) c " '" '" !!2 '" ~~.coo._<Q.)ro ~= =~~rol/)(\' := Q) Q) C > 0 o ~ ( ) c ~-=oO o -._._~ .c Q)ro~=ro ~"E 0 &)££:a,g1jCD - E ~ ~ cn_ ~ _ ü ·coc.~.~O~-S£3 <.c '~cQ)~ '" ( ) en eOc~1/) ~~o·~·~-.9ao c·9'O I/)~~·:E·~ I- cQ)ero2-g >= ~ .~ ~ Q.. .Q ro S &'æ~E¡ßro-~ot~ ·$ü~oQ)i D:: :E.~ cn~ ~ü ~ '" ( ) .c (/It) c .- s: - rocot)c ~-> )(c£ .9fJ)~~C:'OS ~2.~~~~ Q)~'O~~Q)roQ)rofJ)O.~ 0 ro=êo_cC: woo oQ)'OfJ)fJ) "'C~Q.) E·~~.c C~b æ "7~Q):::rl8;; o J!l ~ .~ .2, (ij ~ ~>~Q)Q)þ~ro fJ)Q) O"'C-'Oro~_ ~~Q).gQ) ~~ '¡:'- c: Q) c: 0 ::J ~~~££GGE~~£8~~.9~~.êG 0- J.OfJ)'O~'OOfJ) . . . ~~::::>U)8CDu) --"--'--"-- ...~---- - .!!! ¡¡ " .. J:: U '" " 1: o Q. æ '0 " to '" " ." B .~ o :Ii " o '" to ~ i '" "' o o N b: w rJ) ~¡{;j¡t' ¿< ;¡! ~ -9<1' z x ~. ;:::... -w m t:. LL.. r- o (;) OR.;'r,!NAL ~ :¡¡ u = .l: C U 0 '" " 'jjj 'E ';;: 0 "- õ = II: CI '0 C " .. ~ '" " ." I :::I oS IIJ ë, 0 I :IE I " .2 1ií ! ;g' C i ... c .!!! CI C. c 'C E C 0 C U C i 1» 'õ c c W 0 ... .. !E ;,:, ;,:, III '" '" ... I!! "C "C IC I- ., ., > > 'c 0 0 C a. a. > c. " c. " <C 0 <C 0 ~ CI C C C III ä: ;,:, ;,:, ;,:, ;,:, '" '" '" '" "C "C "C "C ., ., ., ., > > > > e e e e I c. " c. " c. c. c. c. c. " c. " <C 0 <C 0 <C 0 <C 0 I!! :::I .. III C :I!i c o .. III CI .. :E ü-æ(J)-æ (J) C o-¡::: .õ'.Q æ 00 a: g>"E ª (1) a:: 8.!: .l: " - "'"C .U> c: 2 ~>..!: ro '§ G CLeO ~ ¡:::.~ ., OC Q) g'£ - E 'Õ ~E 5..c: 0, 8 ..a~e-=- õ a...S! Q) >. (J) ë gc.tf-8 '" E Õ ,¡; i:ð 8 ro ~ .!!2 o.."C o=Ém - '" "C .2 ~.Q æ . a: ltiOO2 ë5Q)œ ~.~ g.£:§ 'ëiC..c:¿ ~ o..œ~ (J) I.{)«I-~o.. ~(J)~.!!~ ro£c.c~o .c: ., '" 00 ~EI--J .~ (ry (J) C ro..... >.- "C -abe"Cc: o . 0..2 co -"'El'J t)"C'-.- ~ Q)C(J)-gc: ...,... m..c:'- Q) ..a +-'IIJE :J..- ro Q) IIJ..-c: :::::. 00 ¡j,'-.~ e C . (J) 00 Q.. o U? +-' ro ~ U ø ~..a..:: Q) Q)'- (J) -"~ ~..a€roc: (J) ro ro..c:·Q ël-o..crt5 .- 0 .!:::: Q) "C+-'=æ,£!;!~ Q)......c:ro~ ~~IIJ~E: 0..Q)+-, , E-=-æe~ .- 00.2 a. ~ ....ëëim-:; ~ Q.) o..c:u.....-:... E<Co-c: Q.) "C .0 .c>1J~cD~ ("') e .(J)'=-"- 0:1 , 0.. õ'''' , .- ~ E .... g~ ~ U?_a......LO<: = 1tí C)(i)ro .,ê..c:.!: ....0 '" IIJ....."C C ro Ü Q) æÉ.2~~ ëiQ)g>E~ ., E._ 8 .....t"C E ëñ ~..2..c: ° mQ)g(f .!:: 0,- '" ~ -:-=.!! c C) 00 "C..a !! 5~æ,g 00 C:J 0 (f CO""'(t '-l!:! 00 53 .... :=a.. Q)E 0.. E (f o..(f Ci>~·õ·- (t a.ü C 5-.... C) ~ Q),£!;! .!: Q.) (t a. 00 ;g£5~m Eo~8"i 0+-'00....0 - .'" o~1tí¡ßëi .¡::: t: £-.;:::¡ a..·Ë (f = 53 ..aQ)~Q) (t :J1tí-.c "'It 00-=..:.:: Q) , 00 0 > ~Q)..20(t 1.Q.c = "C..c: ..c: = C) ° +-' :t::: ro c:+-' C 3':..c:.- m (f c:....ã: c: (f c: Q.) m ._l!:!'¡:::..c: ëi ~a.. m.B - "'''' 2~~ cc In mü-æ=: - "", "'l'J.,,,,.c: ä3....c:~g. ..c:~+-'8« ;::gb(t ci ~'" l'J., m _ c: Q):; E ~ ~.Q£> ~ c..~~+-, Q) (t g-(t ~~.,ê£ëi _Q)m+-'E"O o:C(f Eeæ cl!:! ....-..... g·æ..ê'Ë.!!!~ .- > +-' ° Q).- "0 ro 0> Q) 500.9 .!!..c: 0;';"C0Q)"i ro ro Q)"'" .!!2.!:::: IIJID+-,.....O:J «"C0c:cC" ë-ð~!!~ Q) c: ro Q) ~·ü8檣 00 '!E c.. Q) (f m ~:J Q)o.,= '" :J 1.0 1IJ.c m ..c: £=æg>.s2 '§:..c:.- Q.) 00 ê CD b Coo ro.- C l!:! -¡i) - t:: ° c.. >.a.. m ü - '" Q) m >. Q) :t::: c..... .... IIJmü-æ·ã. ro - .S:2 E . c:BQ)êijwë ...c::J Q) Q.)(f +-'OCE j8b~~~ eO m C Q)}~..S! >- o..c:"-' a. ° ~ ·Õ- +-' Q) "C c..~ m""'..c: æ a.m't)ro+-'+-, (t ~._..c: E..c: o.!!êO+-' 0.2> ..a(f E.!::Q) cm .... ..c: O=Q)¡¡:::.!!!"C :-2 g!£ § ~ Q) "0 m ° Q)'!:::: 5 .!!2 .9 - 5- 0="C.s~~ m S Q) 'õ Q) lIJ-8tSëc:£ « :J Q) Q) 00 ë-gEltim .c·~8æ:J:: L1(!E a.æ C to:JQ)w~l!:! LC:i(f .cO(t a.. >. >'0 "C Ü -æ "C . ~ c: "'It c: roO) w (tI.- cü CDC'\I mOo....: a.o.ë (t E~N ....=O).2EQ)-æ.!!2 tß- .e.,ê~~::~·üO~ ~ +-'IIJOQ)OQ>æw.....o. .- +-' "0 e.... E..c: 0 +-' ..:.. EëcC..c: ""'-.a~ æ r3 5~ ~o Eo ~S(i) 0.= EO.... 8 ø a. 00 :J C. '" W - Q) _ w.,g C)a. ëi) a.O-·¡:::-..c: crowoo.e°ro.,ê-"C !2Q);mm õ-gIlJ'õ~ ß =:; .S a. ð; ~.e S ë ~ ~ ~üæ"C(tIQ).c~~a:; ro m·¡::: a.Q) 5-ro Q)=("')"C ....ooO)....ø:J..c:a.Q):- o(t '-(D(t 0-_0.....2 üO . w....00 c«ro·Ë ~ wõU; æ ~æ5ü.2S C 'õ' .,g tß- £ a.'§: .~ -= <i> roa: 0"C ~"'It(D+-, e·!!2"ð: :J (f)c~C'!("')ca..Oc ~Q)w(t -æNdQ) --¡i) .- =:; "C;t::: C tß- tß- E ~ 8 .... e c'ü) §.Q "Oo.-..c:.e -.- w :t::: 16 c: -º 00 ° _ ....§~~:g ro~æ(f)O .g ~...Jë«"O c: w-..c:.E a.. Q) Q.) (J) O"C ë·º' Q.) ~ £:2 >.'~ U -æ ~ I. ~~ C"') C ° 00 t - :J'¡::: .... >. ,w_~w -=êij:Jë 03200 c..øø::Jo:J ..- 00 Q).... 0 Q> C"C Q) o~ LC:i ~.1Q ~ c...æ 8.ç: £ ó; -= "' o o N >-' 0- W rn 'ò~t, ~E':!; Z xrr ¡¡:wr-- to ORIG!NAL I Ie o 'iii 'S: lõ I CI .5 :2 'S In I <II CJ e .!!! CI Õ. ·ê E <II o <II o ,~ Õ e e W o CJ :¡:¡ IE OJ OJ CJ .. ¡¡:: I- ~I I I CI .5 e e OJ ii: >. .c "C '" > 0 I 5- 0- <{ f ;, It) OJ <II :2 e o :¡:¡ OJ CI E :2 -Q)CO.... OJ:: i!l Þ;"êií.Q ü..cU)~ m(/)õQ) -£ ~.~"'O:<=: :J 0 Q) C Õ~ o..£~ Q.)roco~ (.J c.. 0 ~ c æo:!!!~-8 C-.~Oëñ ~"'O"C.ce", .... (I) ( ).... o~~C.(¡; c ._ 0 a. "'"C¡;;8"' ~-8~ ~t-- _ c..... N '3: Q.) -8 ........." .0._ Q)~ Q) _ CI) a._ (.) (/) ~ (I) 0 c;:] Q) f/J ~ E ~ t5 Q) O"'C Q) (t .æ 8æC:~~ CD-ÕN:.: C -ë Õ .~ -ã)(ü >- ¡,: Co 'E (0 "o;f"~ococ.. o~d)-goo ......ro~(\' :::;¡ ..om"'Cû5E <:: o >. .c "C '" > o ~ 0- 0- <{ c: o >. .c "C '" > e 0- 0- <{ Q) - '""'0 .... ..c 0 ~c ~ 0)._ co_ = (1)"'0 dO to ::::J ã) CI) .... -£šQ.J:.2Æo £OOQ.u) (/) (/)"'0 a.·C 6>Q)cæ..c rñ-g CO c:-8 C) <3 g>.9-o c.E·-õc ï:: rJJ g 2 co æ:.c.S:!û)(/). :: ~ -=-:. § r; -oþ,Su<3 c:.æ.~-g~ co to c..co= (/Jrno_cn :;g a.~=- S-g~Eg Q.) c.. 0._ "C CD ~ 'S 0 t:;~ g:ß g.~!,õ~",; ~ '" '" a. C)(1)Q)'C .9C:C)~Q) -c:Ëœo1U ~F~~E ..o:ê .... .....£ æ ..-..c( )Q)(¡).c ,roc..a.>t t.q1i)eeoro ..oQ)Q..a.oC!> >. .c "C '" > o 5- 0- <{ <:: o <::"' '" 0'- ..c U( )- ~.~ .9 "' <:: § -0 ¡§ " '" 0 ~õ.. ~EB '" '" '" <::_~ 0'" :;::::¡.c.Q) "'-> û)-5~ . ::J¡jli! ¿eI)(I)~ o 'I;: .- -0 QJ 0 t5 Q).~ 2¡ijg~ 1;5 15.. :a 8<D§:a .c~~ -", C>«1 >,£ c.c (t - :; rn 3: 0 O"E:m§ '" .- E"CÕ .c "'''' ...... .9-õ '1ñ rh 5-.~:¡ LOW"C(/) ,,-.,".'- ,_...,----_.._~._~---_...- ~~,,_._--._...-.-.__...,--.....~ _.-.. ..,-~._-----_.__._-" z o ¡:: u ;:) It: I- UI Z o U CI z it: ;:) c ~~~-g ~.E.8EÕõ .r=. CU'- Q)"C- o-CI) B(/)OEoa:5 - -æ en C "S æ = o..r=. ~ _..c c .~..c - c: 'S êD l- e: en "2 (/) 0. Q) a EO- m (l) ( ,) Q) c E Q) 0- E"C ~"'CS.º 0.. . Q) co ,9-S U"'~_t5'S ~¡::.8 ::JO ~o::JC":J O'""-Q)Q) z( )'tS....:t5 Q) C) J:: > c: CI) .... ::J cu Q) I- o.Q)C o.þ"C:ë' ro Q) en 0 (fJ (/) Q) :J .~ -5 ~ ~ ~ ü ~ Q) 16 (/) '- Q) - . :J.::! E-c -g §">'õCõ-S>êt5 cnæ 16 .... .2 _ :J·ê ¡,¡:: 8..5 >- o:Ec:t5c..~(f.Iæ..c . "2 ;:!EQ).sem~Q)"Cë .... Q)..... .- 0.. .... Q) ro :s E Æ t5 c....æ Q) ~ ~ E ¡;;õ0 "'ro"'1J£",.!!11: "2-= (/)'-_.r=.>«I .- C CD (t "'C 0 _ Q) c.. æU5~ CU..c. ..5_õ.... Q) ..c c: I/J - 0)= 0 Q) 0 () Q) CI) ro..c '5.. ro e 6>..c en Q)J:: Q) ~ .c:: ._ _ c E-ts~::~(/J~~(ijï= =cU)ø"'C(fJ~-"C-;jæ <í°~"Cc:-gcc"C - .æ ëñ ~ .!!:!:a 0 c g>1l.. "Ccuc..c :="Oa:5.->. ..c~:J 0 ....:J Q) . C.,,= N(tj CTU-.Q..c- rJ'J Q)ü ,_ CD fJ)-c cu Q) Q) ~~"CQ)E:Jc~g~b~ 1.0._ ro ..a (t _ _ _ I/J _ <:: o >. .c "C '" > o 5- 0- <{ <:: o õ-éõ.9E.æ~ (fJ~c"C¡¡:ëi)a. "Ea:::.QQ)§cud) ~ :!:::t5ucc ......"C "C:J Q)'- ........c"C0..c"C ro.28c:3:~ ~(/) gcCl)C> Q)c3(Q<l>~=.æ -5 f/J..ct:~(ñ cn-ë«= (tI-c ~ 8cu ·..êarc~ _o"C(f.)o:Jc ro IX ro 0 "C o.~ en VI $ Q) CI) c::: (/) c _.a . _ CI) >..- 0 ro _ uQ)croc_==ø .5 è»~ c æ -5 ~ tj ~ e.B~ã:ti5 ro~ oo..::J 1JþJ::.!!!1i) uo'd:;:¡·--c:=r.n w_::2:(/)OCCU-c .Q :JQ)cuã)c =C:-c8..cc-ccu ..ê~C:ctI::"gë¿ (/)roro_omQ)C) -....... . C'CI C o'õ ëñ ro~Q)co.QtEQ) ~ æ ij::.¡:;"'C ~"'C «en....Jt'O~Q)enõ ~ ro"(ij'ti5"5£-. C E :>:.¡:; 0"'- en (Ow o(Ow~E '?12ê....en....cC) <qena:¡§:ww.S'!ci) 1.0 ~a.. a:¡££ c....c i ¡¡ " " J:: () '" c: 'E o c. &. 'C <:: ~ '" c: ." g .¡: o :IE <:: o '" ~ :8' i '" o o N ¡..: a. w If) !<~~-9 () ;i =º(~. >- z~ rr. I- ü:w r- Õ r:;, OR:GINAL !í :¡¡ u " '" CJ C '" 0 c 'iij -E 0 ';: ... " Õ 0: .., CI c CO C '" ~ >. ·ê :I .!:J $I ŒI "0 ï: '" 0 > :Ii e c 0. C 0 0. '" « 0 co '" '" Q i CJ c: .!!! CI C. c .¡: E Q 0 Q U c ... ï» 0 I C C W 0 CJ >. :¡:¡ IE .!:J .. I! "0 CJ '" ¡¡: I- > .¡: e Q 0. C 0. > « 0 , N ~ 'CI .: iË .. ii: >. .!:J "0 '" > e 0. 0. « I Q ... :I UI .. Q :2 c: o :¡:¡ .. CI :e :2 ~- 00 'CC CO cats "OJ!! Q).!!! "0- ã>rn i: Q) "'£ '" 0 .!:J- '" -¡'¡ '" C ~'" "0 W'e;) . CD~ë -"'",'" m~ E "'t Q....!- CtI '" - 0. 0", '"EO gee> is ;...~ '" '" C .~ ~ (t Oroa: "0» ..c Q),,,!::: vë:ü cb.~ Q) ..00£ C o >. .!:J "0 '" > e 0. 0. « ~ Ê en 'æ E ~ g> 0 ~-g .- .!!:! :::I~:.¡:;_ (t :::I §8~oE CUJ::C:O .- ....._!.i::-::J 0>000 ~"'Cü ·-EC¡r;õE.... c:GJro>. co=,þ-co o.c_-cuQ.(t (/)"C " .... ro a. :J, « "'C 8'¡:: o.,C 8"0 - '" û):J:!::oC:°-cc .=C;:¡::Jø~....:J_c:~ ro"'C"'C 0 ~ Q) 0 Q) Q) I ì:: c.E - E a. en ~ .c ~ (I) ~ ~~-g ª'æò c: $.g ~ «I(/)ØC Q) Q)....o-c := I 0) Cl) - C)"C C t:ct :·-:c:2Q)-Q) .- Q)'- 0 ¡ß !! ~.c 0"9 ~ ;:: <:"C.9"C:.ë5 000.2"'0 C)~ _ a:I = ._ CY.I () ~ § s ~~ ..c: Õ ~ ê e-.E e co CJ)'(i) .r:::. CD rJ) 0 «1-_ ~.E...!-:g()"S U..c:""ffiü O:::lcac _OO..c:1- Q) , 0 GJ.-t5-ro Q) (/)00 ..c Q).J::..... E:J..c: c '-" -g=:§;(fJJ2,,-"'C(l'JO~(fJ NCO_oo....Q) c~ :=..c: 0 _ :::I 0._ "C II) :J ~ ~ (/) ~'ë: 0ã3~ æ~"'C() _.-·_::s..c:Q)C Q.Q)C c:()'tJ .....-·-c;--o Q) « co ü Q) U 0 () U._ o > « 0.._ .... ._ :J Q) rJ'J I ~> rJJ-g·mt5"'C~.!Q o-roI~(,) 2"'0 ~ Ll1( ').J:: CLl)J::(,;)Q.)Q)c cb:!::1ijtD(t ......cncè:¡ßm ui§£¡::£'õ~8i3£~ 01'" .§= -61: '" '" E §~ "(i> a. .!!? E E .- "'= '" _,c '" '" ::> "'- ,cc ~.~ ",a. co. 'õ<C c '" "'£ '" N - 'Ë §;n ._:.¡:; Q) c" ~ .- :::I :J E ~ '" ;¡'" o c '" f-OE "01 (t 13 .S ~"'~ , '~o .-..0- uic::E c o c: In '- - - rn .... - 0>- ~ c: 0 Q) (.) ( ) o~ Om "(ñø ~ ffi.~o ~.~....~~~ ~( ) -~ CQ) Q) --00 uø~'-ro~ g~ Q)~ ~Qo.~ æ ~m~ 50~8~=~ ~u rn~ ~-cmu~ ø_ "'-c ê~ ~ .~E ~( )~Q) ~~Qm~ 8 ª .5 ~ U) ( ) c: E .Q>-g -t6 ~ m .æ E ci õ "'",' ~Q) OQ~UQ)","~",~",£E m E § Õc ~ .~ ~ c: 'B 'S õ.S Co 2: Õ Q) ~ u =õ C ~ïñ !E :J ~ .s g ~ >- Q) ~ E ::;.Q:.ë 'w ~ -'" 0 u Ø_wm~~ ooQ)wc'- 'æ ·-c_O>~~ C:~.OE-mEro~>.-o -~EQ) cc.... 8-c 0., .,01::> cm( ) --mUQ) ~Q)øo>""oE OC~ 'æu_i~~ c:~....-",'C.EC:-c~ ~:JQ)~ EC~ E~ 0000 O-'C -~UQ) "'Em-~~~uû:~.§~~8øg~~gõ >- .I::. C 3: .¡: Q) c: == ::J c: .~ c: c: 0 .I::. ~ExQ)Eõum ·~Q)~ug~~.º8 -Q)( ) CSQ) Q).I::,........Eo -~-roø ~»ø ~Q)~.~ø~'S~c.-g~·Sc:.~c:~o>~o e....~~u·ðQ) Q)·5õ~E~OEo·~BQ)~ ",cSQ)~O~ £cr:J:J~m~Q)i""~~[ urn Q)~ c:oQ)Q)~c: ~ t~ø~ c: cQ.m O-o=øScmWQ .... ~ m ~.s ~ Q) i en:: c: c: .2':= 0 c.. Q) m - 1? 0 c: .O"C ø O>t:: c: 1:3'- 0 _....:J en..c Q) UJ _ 0 ~Q)~"CQ)§eo~Q)~ocg~"Cc:-~~.... N ~'" E m "C '(ñ :J Q. E Q) ..c = ro .... :J ~ ~ > 'E- 0 ~ Q.:J cØoø 'æmSØu _00 _ ~ Q.'ScSw,-oc:EQ)ø't::=c::2 c....~ eum.I::.~Ec:moøO:JoOQ)oQ)·_Q.UC: ~K a.. IV E en Q) Q) W l= u ~ a.ü a. u > I- ~ rn ~ ~ ~ X ~LL ~~<.P roa.&~>CD OUJ~ --t1 "70.3(0 .O>>-....J..Q _ ......U(OCDCDCIt- <c:c m ,,'c_CDE~8 -.. Zx r- "J._ (_"I u:: W D r''''()INAL . . . . . Q OJ c .!!! ë. E o u Õ c o .. ca OJ ¡¡:: .¡: ~ c o ïñ '> is CI c ;; .:¡ !XI CI c .¡: Q Q c '51 c w OJ If I! I- CI C ·c >. I C .c ca 'C , ii: Q) > e I c. <:: c. 0 « I!! ::::I ( ca Q ::I! c o .. ca CI .. i Q) > Q) :.ë u .. £ 4; 'E o .!: ~ '5 C"<:: " 0 ~ .- "ü ~ ::> O'C 'Q;~ ~ <:: ~.Q -", Q).~ ~ E .. " -g~ .. .. '" '" '" § ~ '" " '" <:: E" ,,£ w.sog> ~ CO .- ëü ï::: ~ ~ ~a.mo Q) e 0.- -Ca.en_ ïñg.!::·~ 1i.. "- 0 ~ 1;;:: - o ctI ~~ f:-IVCO(i; S '" 0 " ..- <:: <:: <:: '" .- o).~ 0 .- ro- <3"';¡,'C Q,)>,wc 'ev:'2 co E a..'(tj 00 øQ) U)ts(t ~ Q) Q)~..c .c:QJcrocn --c: .... -~O°(ij.Q :::10" c:"'C o Q) 0 c: J::"C ';; co C) co g> co (/) 5..c:;:~m ..c: ~"É>g =< I- ~ :.: .... 'v . "'~ <::Q .- 'C 'C<:: .fico <:: .- '" . >- . "'..", .9l ~.£ ~:1!!:t:: '0 co ro .æ3a. ~Q)~ ~= [) .2 15 .c"" 'C'C_ <::.. .. ...<:: ::> "'C" <:: " '~.8 ~ 1;; 'C " '" <:: 'C".. ~~ ~ " .. ~d)~ 0""" a:~iñ . <:: " O'C .. E -æ . " ~ =.8~ "'C (I)"§ "" c: - .....- i'J::> <:: .Q¡g~ c. "C~~ c: _ cocro oo(¡)"C ,,-<:: "", .. ~ " ~ -;¡,,, E ~ .... E o..e :::I ::> 'C '" ~ æ.f: " '" 'C<::" (¡) :; ü-"ü .2:!'S2 "o_ w"'''' . .c:õ ~~ II) C> æ ~ Q)~-(/):J .S :J ~.- ø - ::IQ)cu (I) Q>'êO.c a> «I..cc E "'- c: CóQ)1JctI§ '-cncu; 2 e ro;o: ~ co:::l_ E'- :gæCõE -EcEc.U) "'0 Q) 0. ._ c: "50)= CO .s 0".5: .c: rn Q) :g :t: Q)rAC)"S5:: :s ~ .5: .a ~ ~~g.°æ i'J~~Z'ã. :s0-g .E U" (/).!5! :ß 8 _'C ::> wè;;uu"S - >"¡:: Q) 0 ro-ðÜ-E.c ë;)m~ctl3 £..cQ)"c;:o. . æ $ Ë " <:: " .<::"- ~E~ c.", $.2>- c: Q) ro . Q. > 3: (I) EQ)-cro C)"'C ro c: Q)"C e .g", "'''- '" .. u -a;oo= Q) g..Q co .;; 5.c>-Þ <::= CQ):as OJ:: c: ø -::> <:: "'C >. e ~ c: .c .... t: co -c ~ ro (I) CI) Q) (I) c(5..cã) ,2.... _ Q) õQ)t)-Þ Q) c: (t C/) E~o.Q) " E> - U·- 0 .!:¡;: iO'ê -~EE « - .- . 'C" ".<:: .c- .<:: 0 u_ "''C " " 'C_ (/)'e (0._ .... -<I) "'-" § g:2 :0::_"0 u::>.c ::> .c ::> -g ~ rn ~ '" " tnCU£ 5£ >- .- :J..o ~C/)-o 'Ë (I) æ " E " Cl)~~ .<:: "'c: -00 ~ a. 0 "<:: " .- 0..0 i3.- - rorom "'.<:: o:;::¡ Cf) f-'Ë Ci . <:: .0 W'¡ <'»0 ~o_ ..00 "'..- ¡,¡ ü .!!? e D. ë Q) E " > o ~ Cf)Cf)1i.í~EõtS ~ ro::J.... w C.5\? o I/) E g E _ 'e ><:: >C."'.ñ >01:) 0_-= '1/) W W ~"C ,2 I/) ·~.2 > 0 " -.- 0_ w I/) DE::;D"C 0 ::>,,-::> <I)" a..õ:2o..-æ..ce >- .. "-" :!:::::CI/)W:2m;;' ü ,2 0 = .~ .c. 1: w1:)-.;. -gl/)_ o£.g~~;:"C§ >-I!:!~ 0fš~ DWE"CCW"C" .c.wwo__ "C->õ..:;::¡~o W c 0 ro 2 > .- ~ 91 'C 0_ a.t; ....001;) a.~.s ro 8:g§ Q.ww I!:!wo ro .....c."C ._.... 1/)=l-c.Eeo t5'§ . ro .... Q."C W_a> 0 a> '- ro > "C 'C a>"C e.c.oQ)Q..c.c a.-DQ3_I-.,2 ....Eroo..~ <II o "E a¡ E E ·1 .cSt'" t5 t ï::::: ro m .~ ~ ~ a. ro~ e W W.cw~-a.G D.O'C (. '" ~ o ~ .>1 :õ ::> D. - :ii :¡¡ u ~ J:: () C> c 'E 8- ~ a: " c: ~ C> C g '2: o :; <:: o 1ii C> '" i '" ~ "' o o N " a. 'ò~¿'f ~LL~\ W:!:_. ...J~~ ~~ö ,,'(!!jf'l,l!L ¡ :i! :;¡ u œ '" I: t.) 0 '" c '¡¡¡ 'E 'S: 0 a. ¡ Õ ~ 01 " c .5 .. :E '" c ":¡ .~ .s aI '2 0 , :IE , c 0 :; 2 ell :¡ t.) I: -!!! 01 Q" I I: '¡: E ell 0 ell (.) .5 .... 01 0 I: I: W 0 U :¡:¡ IE ft t.) E ¡¡: I- '¡: ~ 01 I: ,I: ,I: ft ii: ... Q) (,) C/) C '- CJ'J Q) 0 e::- ~~:æ~~.9õ~êõ§õ~ '" ,g¡ =1š~.Q.g ~£- 0'" '" :õ ::IOêõo.þ "'C ~.~ - rJ) .... ~ æ .... - Z""Õ) :g en ..2 .c: 0 .~Q. ~g5 (1).e~ ij¡'C >. c .e "'C :.: .0 8 ....- 55 § = ~ g " E .c .2 Q) 0. C .... Q) ._ 0 ~._ ::> E .- -.c: E ~$ ooQ)(6EQ.a....c_êõO- >- '" ~ "'C(,)EC,)~ := " '" ( ) $= ~ "'C_ -" "'C'~:C'-8 EO u.... Q)('IJ <Ii " e:: ._ $Eë¡s8 o<ri:::l !E«.cE .c: 15..c 0,(1)0 .- 'C " õ "'08.5. ¡ß~c ro 'C" ()Q)c(l)ctSQ)c~c l- e:: 00 OIg'OO Q) e:: ,,'C (1)_o(J' oQ.)CI}Q)~(t :>' UJ '¡;' ~ OJ .~ 0 ã)oo.co:¡:;¡.!:::('IJ.c :::I~.....c e:: ~ _ 0. C:._ 00_,- ,ii ro (/) c::ß en CCO-§.--c O"rn c·2 " 'C ell en .... :.¡:¡ c:.c (f.I cc _ o~c:a.~_ " rJJ.21-§.2' os:: >S~ <Ii e:: ... ~£"""oo.fQë~::I 'C §,OJ .. æ Qj '" ::I " .....- :¡:;¡:=: 01- c: CIJ"'C cS"Ë CJ '" III U'- c:CLQ)_-,'c 1:: ëii e ~ g .~ (,) E ego c 'S C/) Q) Q) " " '" =3:§oQ,)EeQ) 0 :J .- .- c: (t c a. 'i5 '" " ft ê OJ- 'õ''i '-"'0 - C E ro 0 0" 0 ~ a; (3 ell ctI ._E.co.a.-c e:: '" ........Q)Q)0ca._:;::::¡ ClJu.5 'C '" :iE "0-(1)""'0 :J ~ :pc a. "T:).... ('IJOC(lJCO C'J 0 <=-::> :;: oQ)S-c0ã>-u (1)'- -([-Q)uo"þc '" ~ £ > C 0 Q) E 0'- 0 c E to- " ......-c ..... Cc .- ::> II) :COO > _-c==._·~ e:: ~ > I: Q)'~ CD "'C ~ Q)-- " x_ ""' -t: .c.-.... Q)::J (0(0<'013 OJ 0 ::> ãí 0 :EgE ~"OE>. " 0·5:J æc...,ê-c (,) ·~ëcn::l:::l.2 :.¡::¡~ :¡:¡ .- tn ::1-.__ Q) ro e:: e::,g¡ ~~ cn"Ë ..... o-g Q) C'"-co 'C '" ::> " ( ) (J) (.) (/J E ('IJ > E co to_ :J . --c.J;:EQ)I...Q)- 0 CiS .g '" 'C ft §t08tf.c:Je - '" C) en ~ Q) íñ.sa ~ Q) 00 :J -5.(ti I... Q.) - e:: 01 0. Q):J120.00 0 Õ c: . 0 .9 OJ Õ ::> :e ~~ =I!?I-Q)tf 12-g2g>-c:~-5 '" LL en en ·~oo > E c: e:: OJ ~ Q) c: . e Q):t;.-.2.. 0 c:._ ._ -§= :; Q)-c.:2:(3 C)-c.c ro- 0 e:: e:: e:: e:: '" :iE I... .2 íñ o..c .5: ~ en :g 0'C.c 9-~ . Q)·õ'~-g.5 00 c: I... 5:;; :;: 0" 0 .2 0 ;; "C to ;;-g ~ ~ 0 .!!2ë)- =_ 00._ ~ 2 ¡¡ '" c. c: en ~.5 c..·Ë·- >.æ og 0_ Q) '" ¡¡ ::> <Ii N I...:J13 roo-t:Eþ to 2 " ê Q)"C Q) .,C c: 0 Q) 1ñ <;:'C " I o-oE .c_roC)õC)13"C~ " <;: " <;: " .- 'C Õ C:Æ-§2~æOEõ-§.~:S~~ 'i5 'g ::E 12Q)'õ'cooo~ C) e:: "8'" e:: ~ '" ::> a. > I... I... Q.) Q.);; .5 c: 0 ~ " to 0 0 L!J .- o.EC)ro .- 0 ::20::> 'e ~I... ~¡g §81... ~·!!2':"õ 0 ::2£ ::2 0 0 '" :gc: c:"C.9c:3: -- ro~16 o.Q.);;c:ro-ëc:Oooc '" ~~I(t'ìú' o Q)rol...~OO D- O :J._ 00 >= 0 :J;;= .::;.c.8 e.c ro.!!:! Q) Q).Qõ';¡:::"Q) D- en ~~ ° o.C) 0.C) 0 . . OJ ~:a'5 00 0._ "Ec..>-!E~'þ ~ æ . . . ~ Q)·-oc..E~ -6'; .c: Q).c ooû.i -æ 0 E-c"C'- c'-'_ =º --f\ .c.E:S:EOo-Q)"c Õ .J;::JQ)8~.J;:~oc:~E8e:J ..., ~-" - I- Q) ._ C) _ 0 I... _ I- en"C _ en I... C) ro Q) o..c en x n -w r- (j- 0 f"P~r:~~AL , - .!!! :;; " " J:: '-' C '" 0 " ëii 1: 'S; 0 a. i5 ~ CII "C " C to :5! '" ;;, " ':; .c 'C "C g m '" ï: > 0 0 :Ii I a. , " 0- 0 0<: i ~ GI i (,,) c .!!! CII ë. c .¡: E GI 0 GI () C ... ï;¡ 0 c c W 0 i (,,) ;;, :¡::¡ is '" .c (,,) '" " ... '" ~ I- > '¡: e GI 0- > 0- " 0<: 0 CII C C C '" ii: I E ::I III '" GI :E c o :¡::¡ '" CII E :E "'C (þ O--c Q) Q)"C ('tI c:...c: .5"'" Era"'" E.9_ë.9 Q) C'CIQ)-c t)wJ§EQ)Q) "'C -5 ¡V-:2 ~ Q) ~ a. ê)..c .DQ)__....c.. oæ_oc..-Ú ::~oõ~m C Q) Q) 0 Q) 5:2Eà:~õ E.:2:".¡:õ ....c: c: ro:gQ)~ø.º Q)::JJ::CO(/)ro -scn--ã.'s"E ê6~êúõ28 q)-E.~:e~ CD"'C ::;¡ e W" 0 Q)c0a. .... -ro8 co C ro.r: 0'- .Qo ~:.;::¡ 0.. 1Oü"O QJ~"'" C)Q.. C ....._ 0 E«:::Jo:!:::ü E>LL-E~ þ;h 0.20 i5 := U-Uc> ~ Q) Cl. {g a...5 0"5«....« c: > 8>" .!:::: >--:1 ., ro «..ccn~cnc.. J2Cõ~~ ~ 5-00"'" ~Q)=c (I) (/) .- 1ð~:ß.æ 00 'S: :; ~ -e~ë3 o a. ( ) t . þ16 E «Its Ü:SQ)Q.m ",~=g~ -5 0, c ~ '; -oroo:É: '-£:o1V . a. ...c:::3 U " " " i5 .~.Q 0 >. .... ero~ro'æ Q. .2> C) E Q) "'EE~1!! ...c: E Q).:=; ..... (/) c.:!::: _§a>.QE o(ñ'~~O .æ .~ 13'" '" -E = Et="'Ca:¡ '" '" '" "':. ...c:c .!:Õ -m~-5 C) (/) 0 " .Eã.E~"~ ....0 o,,¡::; ð-gè5"ªé3 ,,'" "'J:: "'- " ~ ~.E õ.æ C'êi) 10'" J::J:: ",- $'5 'Ë2 - 0) " " '" e ~= cti (/)"'OÆ Q) 0)'5 ü1i); ~ ~~ > Q.) § .§ .c t5 U=2 2~w êi)(/ c " " 8 01:_ 0"'0 J::I: .co-o ~E:æ ~o:; "'N" ;;, .c " '" > o a. 0- 0<: I: o .... II).... Q).... CD ~..co.90E §'ffi-g~1§8 II'JJ:: c.."C:S Q) .... f/) a. Q.) .c ..c oQ)~t50.æ VIm Q)-.- tQ)õg.....:§ ~ rn c .5 .2 'S - - ....> ::3....-(1)0.. U 0 ...c (¡; "(/) X "C...c: :ß~.E:æ¡æõ ,9- g ~ ~ C).... 0..._ C 0 ....- (/J.- =æõo~æ~ ¿::: ~'E ¡; ð . 00 c: Q) """ en ._...... Q) c..'7"'t _.~'" - 0 'J._ o Q) _ C:~.;:::: 2wæQ)ctIo.... ø E > £ 0) c: .5 §.Ç£! 2:! ~.5 Q)"'O o "C c.. ~ E :5.ê 0)«1 0""" 0 en::J c:..c:-~Ec:"c ·C·"!::: "C 0 Q)...... ::J ;: Q) 0 Q) 0 0 Oenc..Q)£_"C Q) c.. en ~ ~'" '- .- c: "" r¡ ì!:'- ~ '7t5_Q)~~~ ~.5 g.:5·æ.2 'E t.O en.:M::. O"C 0 Q) ;;, .c " '" > e 0- 0- 0<: I: o ;;, .c " '" > e 0- 0- 0<: .9 ,,"'''' "'NJ:: U'E - .~:!; ~ "C E'ü) "0" 1:_ "'"' '" "",.c Q)~>- 32ct1ct1 .!!11O E J::~ ",:J_ ......=:: ctI °BS "C 'C '" 0)", "C ctI .~ "'- " J::I:'" "''''0- Q) ~ en cri "C:c_32 roctl°~ ..c:EC:- en 0 .2 ~ 0)'::: 16 .a .5 >'"'0 "5 -ctIQ)o ..c: ~ '-._ .2> ctI c.. C> --.J"C"CctI C:Q)'E '" '" '" '" ... I: '" " 1 ~ Q) ctI IX) ;:0. 0'-' . 0 c: "C t.O "C._ co I: o 13 2 u; . I: '" 0" " '" o ~~ -¡,:::: .5 " "' ":g "' t¡ '" )( ~.e "516 "::- æ:æ 0-'" 00 E '" ~ ".!!! .~ .~ a:-¡j > ~~ . :J 00" ..o~ '" I: o -0'" o-J:: "",- Q):=: 0 "''''- 0",,,, g-..c: ë6 .- - E " E·- '" 0 I: "c.J::ctI ="C...... '" '" '" ",,>J:: enoõ .2 E '- ø@o ~~ð ~- "CctI_-c æ g,~ ~ ~ Q) C)...... Q)...... c: ctI 0) "C ï:n..c: ctI c: c: Q) -eCOctl"C '" ~- C)f!?O)cu -ö ê .5 E g ï. U ~ -'E~Q) =0=£ «OctlQ) ""'~ '" N '" "C en'- ~ .....Q .§~ dJ 0.5 ~ ..0.5 E>Cñ '" o o N >-' a. w rJJ ~~:i z x'" u:::wñí T- O r:;, ('I:.! ('J~\;AL c o ë¡¡ ':; Õ 0) c :s 'S m .. o c ,!,!! ã. E o (.) - o c o ., ca o ¡¡: .¡: .. >¡ 0) c .¡: .. .. c '51 c w o IE ca .. I- 0) c ï: c ca ¡:¡: 1 !!! ::I I/) ca .. ::¡¡¡ c o ~ 0) ., ;¡ >. -" a¡ > e c. <:: C. o « Q) <:: <:: -"O~ .- Q) ë.~ roE.... .c. CP.E . "'Q) '" c..'E1l) ~ro~§ .~ á~~ Q)'- 0._ -c (fJ co (I) '" Q) E c-c~e oc__ :,¡:::¡ ro >.M Q.Ø..cLO E (ij Q) Q)c"Ct: d>.g>~·Eh 0.. VI._ C uê;w -!E c..'E '" '" Q) 5':= IV E ëñ ~..c æ c = a. (,)_ (t Q) =-J::o ~(t CIJ .... C ..... ~ t- 0 OJ'- =LL. ()~.- ~ .....-Ec: I «i (f.I:::I ~(i)æo Lci ,I::.þ U <:: o >. -" '0 Q) > o 5- c. « C(t Q>'E ou..cQ) 1:¡'o-E :::ICI)(Ut:: ~ E J:: '" ø OOQ. C<f.I_Q) 8<;530 c~~~'E .- ~ .... u: Q) ~g.s>-E co,_.!!:! 'E æ ~ C):¡:: :J Q. UC"cOQ) CE¡,¡::üo .- :J Q) roCl)"CE~ :'¡:::¡~roQ)U: ~ Q) E::£ >- õ=$.9ë 0."'0 "'" _ ::J Q) C Q) C 0 ..c(t "'C~u - C CD._ c: õ.QCú"'§:æ Q)roE(U~ CIJ"5'sQ)Q> :J Q.:J J: .c: room_;:: ~Q.c:>-o cc"Cro..cC") ær.ñ-oLO "'C :>,= Q) C .....:'!::: CO:2.2 '>0>_ ~:,¡:::¡"Ce!9 Lci ~ "(ij o.(/) ~ .~ :;¡ " .. J:: U '" " 'E o Q. .. 0: 'C " .. '" " ." g ï: o :Ii " o '" .. '" '" i <:: o ~ >. -" '0 Q) > e c. c. « u o " E l" 0> o ð: <:: o ;;; ~ <:: o '" 'õ Q) en - "c Q) .VJ VJ Q) -g ~ OJ.c .... ca -= ro- 1õro.g~o 'õ ~~"'Cøl-~(/) t: ~~Æ "~ro .QC:~==.!!l~8> ü013UiEa:s c :J c >.~ "C E c>.Q ~"C~C)æ .§g cc....c_ .... 8co-=>.Q)::J_ ( )<i:~ë~~ê :c (,):J-'ï8 -g~a.i~o~.æ_ (t 0::ë Q)U () en 0 ~'æ-_ 2:! ro (I) .~ Q) VJ.~ l'tI ~ 13 .c .... &. 0.-0 . Q) Q) Q) 0 0 Q).c: 0. "C ë - c..-c 15 _ (/) .- g a.Q)(ñ.c:~ C"C~('C (fJCI)~_ ·Q.æ~ooo~co ue_-g-a._o :::I (t (/)"C'- c_ .þ Q.Q) Q)"C-S-o (/)(þ(ût:Q)æCI.IQ) C (f.I Q) 0 _'" ~'(ij II) o ... a. ,>(; c: ::J u~C)~~Q)8Q) --Q)m ..c «~=':=~E~~ 1I).s~:JE·~~ t-;- .~ II) = ~'x ~ ~ °ßEm....cucu:!::: ~Q)Q)~OEEü LO"C:!:::II)_ J:j a: ¡¡j "E .e '" o c:> cO E '" <:: '" a. .... '" ~ ..,. 9 '" o o N '0 <:: N ~ ~ en '" o o N !l: w ,~1&f1 ()'< ¡¡j.," tP ...J:Q ~ .>.. «.r:::. m ¡.- Z >< r- Õ ü:w C> 8P!GINAL