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HomeMy WebLinkAboutRES NO 219-06 RESOLUTION NO. "219-06 RESOLUTION MAKING FINDINGS, APPROVING THE APPEAL AND APPROVING THE GENERAL PLAN AMENDMENT NO. 05-0940, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM R-IA TO LR ON 52.29 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF COTTONWOOD ROAD, NORTH OF EAST PANAMA LANE. 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 Monday, March 13, 2006, and on Thursday, March 16, 2006 on General Plan Amendment No, 05-0940, notice of time and place for a public hearing having been given at least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment No. 05-0940, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 05-0940: Mcintosh & Associates, representing Patty Smale, Janice Sheldon, William Sheldon, and Barbara Sheldon, the property owners, has applied for a general plan amendment from R-IA to LR on 52,29 acres, located west of Cottonwood Road, between East Panama Lane and Pacheco Road. WHEREAS, an Initial Study was conducted for General Plan Amendment No, 05-0940 and it was determined that the proposed project would not have a significant effect on the environment; therefore, a Negative Declaration is appropriate; and WHEREAS, by Resolution No, 62-06 on March 16, 2006, the Planning Commission recommended denial of General Plan Amendment No. 05-0940 subject as shown on Exhibit "A-2" and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution and as restated herein; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, May 24,2006, on General Plan Amendment No. 05-0940, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, after considering the comments of staff, the applicant, and those who wished to speak, the Council of the City of Bakersfield voted to continue the proposal to the next general plan amendment cycle meeting to permit issues to be resolved; and WHEREAS, on WEDENSDA Y, August 16, 2006, the Council of the City of Bakersfield again evaluated the proposal and subsequent, relevant information; and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEOA, the State CEQA Guidelines, and the City of Bakersfield CEOA Implementation Procedures have been duly followed by city staff and the Planning Commission; and << ~p..K~1 o ~ )... m ~ t- V () ~INAL WHEREAS, Policy C.14 of the Conservation Element of the Metropolitan Bakersfield General Plan requires the decision making body to evaluate ten factors to determine the appropriateness of the agricultural conversion proposals; and WHEREAS, the Planning Commission has evaluated the ten factors provided under Policy C.14 of the Conservation Element of the Metropolitan Bakersfield General Plan and finds the following: 1 ) Soil Qualitv Approval and implementation of the land use change will result in a loss of approximately 52.29 acres of Kimberlina fine sandy loam soil. Kimberlina fine sandy loam soil is in capability Class I (17) irrigated and capability Subclass Vllc non-irrigated. The amount of prime irrigated farmland that would be lost with the approval and implementation of the land use change is considered insignificant. In addition, it is assumed that future development in the City will continue to include prime agricultural soils that exist on the Valley floor. The General Plan states that con\ersion of prime agricultural lands to urban uses will result in a reduction of the regional agricultural economy and is considered to be a significant adverse impact. A statement of overriding considerations for this impact was adopted by the City when the General Plan was certified. 2) Availabilitv of irriaation water The subject property has no water wells on the property. Upon approval and implementation of the land use change and subsequent development of the subject property, water will be supplied by the City of Bakersfield. 3) Proximity to non-aaricultural uses 4) Proximity to intensive oarcelization The subject property is in close proximity to non-agricultural uses. The subject property is significantly and unavoidably affected by the close proximity of urbanized areas and Fairview Elementary School. 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, is the next logical step for urbanization in this area due to existing and pending development surrounding the property and the significant impacts to the crop production. 5) Effect on orooerties subiect to Williamson Act land use contracts According to consultation with the Kern County Planning Department. the subject property is not under a Williamson Act Land Use Contract or adjacent to lands under a Williamson Act Land Use Contract or within Agricultural Preserve. In addition, the subject property area is already affected by the close proximity of urbanized areas. 6) Abilitv to be orovided with urban services The subject property is in close proximity to existing residential development within the City limits. Upon approval and implementation of the land use change and subsequent development of the subject property, urban services will be provided for the subject property. 2 ~ ~fl..I(S'?> o (Jl >- ~ t:: ~ ,;> OR!QINAt' 7) Abilitv to affect the aoolication of aaricultural chemicals on nearbv aaricultural orooerties Development of this project could impact nearby growers, however 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 and Fairview Elementary School. 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 inconveniences 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 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 orecedent-settina situation that leads to the oremature conversion of orime aariculturallands The subject property is already in close proximity to non-agricultural uses and residential designated lands. 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, It is not anticipated that the proposed conversion of the subject property will significantly impact additional lands to conwrt to urban uses. 9) Demonstrated oroiect need The Metropolitan Bakersfield General Plan states that conversion of prime agricultural lands to urban uses will result in a reduction of the regional agricultural economy and is considered to be a significant adverse impact. A statement of overriding considerations for this impact was adopted by the City when the General Plan was certified. The Metropolitan Bakersfield General Plan currently designates the subject property as R-IA (Intensive Agricultural Minimum 20 Acres Parcel Size). According to the Kern County Zoning Map 124-20, the zoning for the property is A (Exclusive Agricultural). As defined by the California Land Conservation Act, this project would convert 52.29 acres of prime farmland. The proposed amendment to the General Plan would convert the intended use of the subject property from agriculture to urbanized and developed conditions. The proposal is a logical expansion of residential development in the southwest portion of the City of Bakersfield. The project site is in close proximity 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) Necessitvof buffers such as lower densities, setbacks. etc. If residential 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. 3 X fQAKS'1? o (p ~ ~ ~ f!J v OFtIQ/NAr? The future residential development of the subject property is not proposing the creation of a buffer zone, However, the City of Bakersfield Zoning and Subdivision Ordinances will guarantee that adequate buffers be provided to avoid conflict between agricultural and residential uses. WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct. 2. The Council has considered the following findings made by the Planning Commission as set forth in Resolution No, 62-06, adopted on March 16, 2006: a, All required public notices have been provided, b. The provisions of CECA have been met. c, Based upon the Initial Study and comments received, the commission has determined that the proposed project could not have a significant effect on the environment. d. The public necessity, general welfare and good planning practices did notjustity the amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for the project as presented March 15, 2006, e, The land use designation change from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 52,29 acres as shown on Exhibit A-2 on March 15, 2006, was not compatible with the land use designations of surrounding properties and is not internally consistent with the Metropolitan Bakersfield General Plan, f, The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CECA, the State CECA Guidelines, and the City of Bakersfield CECA Implementation Procedures have been duly followed by city staff and the Planning Commission, 3, That the applicant appealed the decision of the Planning Commission. 4, The applicant was afforded additional time since the March 16, 2006 Planning Commission meeting to resolve the environmental issues. 5. The City Council considered additional environmental and design information on May 24 and August 16, 2006 and found as follows: a. The project has been revised and incorporates additional mitigations, as described in Exhibit A-1, which will reduce impacts to less than significant. b, Based on the Initial Study, supplemental studies, additional mitigation, comments received, and project revisions, staff has determined that the revised project could not have a significant effect on the environment. c, A Negative Declaration was prepared for the project in accordance with CECA, 4 !( 'O~K~~ ~ ~ ~ - ,.... m - t- V . t:J ORIGINAL d, The revised project, as shown on Exhibit A-5, is consistent with the surrounding land uses. e. The revised project, as shown on Exhibit A-5 is consistent with the Metropolitan Bakersfield General Plan, NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals and findings incorporated herein are true and correct. 2. The Negative Declaration for General Plan Amendment No. 05-0940 is approved. 3. 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, but not approved. 4. The revised project, as shown in Exhibit "A-5", is compatible with the Metropolitan Bakersfield General Plan. 5. The City Council hereby approves General Plan Amendment No. 05-0940, as shown on the map marked Exhibit "A-2", attached hereto and incorporated as though fully set forth, for property generally located west of Cottonwood Road, between East Panama Lane and Pacheco Road, subject to the "Mitigation/Conditions of Approval listed in Exhibit "A- 1". 6. The General Plan Amendment No, 05-0940, approved herein, be combined with other approved General Plan Amendment cases in this cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. 7. That the appeal is approved. ----000-------- 5 X fQAK~?>. o (Jl ~ -n I:: ~ oORrGINAf> I HEREBY CERTIFY that the foregoing Resolution was ~q ~<t.pted by the Council of the City of Bakersfield at a regular meeting thereof held on ~ by the following vote: ~ v-- ......- L--- ...-- _ ....--.....--- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER_ COUNCILMEMBER_ ~ ~=: AUG 1 6 2000 APPROVED APPROVED as to form: VIRGINIA GENNARO City Attorney BY.~In-~ Exhibit A-1 - Mitigation/Conditions of Approval A-2 - General Plan Amendment Map A-5 - Revised Project w1:WL S:\GPA 1st 2006\OS-Q940\Resolutions\August 2006\CC GPA Resolution-aproval.doc 6 ~ ro"K~~ o ~ >- - '::: ~ v ORIGINAf'> EXHIBIT A.1 Mitigations and Conditions of Approval General Plan Amendment/Zone Change No. 05-0940 Public Works 1. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Cottonwood Road to arterial standards and East Fairview 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. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. b. This GPAlZC area is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPAlZC area must be included within the drainage area of adjoining property. The developer may participate in the development of a Planned Drainage Area and shall provide a drainage study for the GPAlZC area, showing its proportionate share of the necessary ultimate storm drainage facilities. This sump must be located on the periphery of the GPAlZC area so that additional area may be served. The study shall be approved and any required retention site and necessary easements dedicated to the City. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. c. Sewer service must be provided to the GPAlZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area andlor an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. 2. d. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. For orderly development. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. x -:oA/(~-9 o ~ ~ - I- m - l"- V (:) ORIGINAL Exhibit A-1 Condition of Approval GPAlZC 05-0940 Page 2 of 6 3. Payment of median fees for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. For orderly development. 4. The Fairview Road crossing of the Central Branch Canal must be constructed. Developer is responsible for the construction of this crossing. The developer may aid in the formation of a Major Bridge and Thoroughfare District to obtain reimbursement for the construction of the crossing. For orderly development. Citv Attornev Conditions 5. 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 preceding, 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. Air Qualitv Mitiaations 6. To ensure that project emissions are minimized, the applicant is proposing a number of mitigation measures. The following measures have either been applied to the project through the latest URBEMIS Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules. Therefore, the applicant/developer of the project site shall submit documentation to the Planning Department prior to issuance of any building permit that they will/have met the following air quality mitigation measures: a. Although the proposed project will result in emissions that are considered to be "less than significant" levels for ROG and NOx, the following mitigation measures were identified and utilized to further reduce project emissions based on project design, standard construction practices and current regulations: X ~AK~1> o <Jl ~ ~ ~ m v r- OR/GINA? Exhibit A-1 Condition of Approval GPAlZC 05-0940 Page 3 of 6 PM10 Mitigation Measures A. The project will maintain compliance with all SJVAPCD Regulation VIII requirements: . Water all unpaved or haul road surfaces as needed. . Limit speed on all unpaved roads to 15 mph. . Water any exposed ground surfaces as needed. · Stabilize all disturbed areas including inactive storage piles on an as needed basis. . Maintain at least a 6 inch freeboard space during transport of materials and/or cover and wet to limit dust emissions. . Remove mud or dirt accumulations on public roadways at the end of the day or immediately when track out exceeds 50 or more feet. . Cease grading activities during periods of high winds where entrainment of dust will exceed the SJV APCD 20 percent opacity requirement. Measures to Reduce Construction Equipment Exhaust B. Construction equipment mitigation measures: . Limit idling to no more than 20 minutes at a time. . All construction equipmentshall be maintained to manufacturers' specifications. . Where possible electric equipment shall be used in lieu of diesel or gas powered equipment. · Encourage employees at the construction sites to carpool to and from work as well as during established lunch hours. Design Features Mitigation Measures C. The mitigation measures included here are based upon those available in the URBEMIS 2002 emissions modeling program. These measures provide emission reductions for the proposed project's long term emissions (reductions once the project has been completed). . Provide adequate street lighting. . Provide sidewalks and pedestrian signs and signalization where appropriate. . Pedestrian safety designs/infrastructures shall be provided at crossings. . When Transit becomes available to the site, signs, displays, benches and turnouts shall be provided as needed. X ~()"K~1> o ~ :>- - _ m _ r- ,) (:) ,')RIGINAL Exhibit A-1 Condition of Approval GPA/ZC 05-0940 Page 4 of 6 Culturallmoact Mitiaation Measures 7. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. 8. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050,5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Traffic Mitiaation Measures 9. In order to maintain acceptable Levels of Service (LOS) and mitigate the 2030 Future traffic volumes plus project generated traffic impacts to intersections and segments, the improvements summarized below are needed to the roadway network. It is assumed that the improvements needed to the roadway facilities for Existing and 2030 Future traffic will be in place prior to the addition of the project generated traffic at full build-out. Signalization - As a general note, intersection signalization should incorporate signal interconnect conduit in order to provide coordination along the arterial roadways and to facilitate the use of TSM measures during peak periods. If signalization is required due to the addition of project traffic, a mitigation measure is noted (refer to Table 1, Executive Summary of Impacts, of the Traffic Impact Study). However, no signalization is required due to the addition of project generated traffic. Intersection Improvements - The specific mitigation measures recommended for individual intersections are detailed on Table 6, Intersection Improvement/Mitigation/Pro-Rata Share, of the Traffic Impact Study. Intersection improvements required for Existing and Year 2030 future traffic are noted (refer to Table 1, Executive Summary of Impacts of the Traffic Impact Study). If intersection improvements are required by the addition of project generated traffic, a mitigation measure is noted (refer to Table 1, of the Traffic Impact Study), The following intersections require improvements due to the addition of project generated traffic: Fairview Road & Project Entrance #1 - construct intersection, and Cottonwood Road & Project Entrance #2 - construct intersection. Segment Improvements - Table 9 Roadway Segment Laneage, of the Traffic Impact Study reflects the laneage recommended for Existing, 2030 Future Traffic and Year 2030 Future traffic plus project traffic in order to achieve LOS C as determined by a Volume to Capacity ratio of less than 0.80. If additional lanes are required for existing or 2030 Future Impacts of the Traffic Impact Study. If additional lanes are required by the addition of the project traffic, a mitigation is noted (refer to Table 1 of the Traffic Impact Study). Fairview Road west of Exhibit A-1 Condition of Approval GPAlZC 05-0940 Page 5 of 6 Cottonwood Road required a construction of project frontage due to the addition of project generated traffic. Bakersfield Municioal Airoort Comoatibilitv 10. With the recordation of final subdivision maps within the GPAlZC area, overflight easements shall be granted to the City of Bakersfield for all residential lots. Overflight easements shall grant all rights deemed necessary by the City of Bakersfield to ensure that the development of said property will neither impede airport operations nor result in flight hazards, including but not limited to the following: to make flights and associated noise in airspace over said property; to regulate or prohibit the release of any substance into the air which might interfere with aircraft operation; to regulate or prohibit light emissions which might interfere with pilot vision; and to prohibit electrical emissions which might interfere with aircraft communications systems or aircraft navigational equipment. For public health, safety and welfare. 11. With the recordation of final subdivision maps within the GPAlZC area, a notice shall be recorded on the deeds of all residential lots disclosing that the properties are in an area subject to aircraft overflights, and as a result, residents may experience inconvenience, annoyance and discomfort arising from the noise of such operations. The notice shall also state that State law establishes the importance of public use airports for the protection of the public interest of the people of the State of California and that residents of property near a public use airport should, therefore, be prepared to accept such inconvenience, annoyance and discomfort from normal aircraft operations. For public health, safety and welfare. Noise and Odor Mitiaations (Acoustical Analysis, Sheldon Property, Kern County, California, by Brown-Buntin Associates, Inc., April 17, 2006, and Odor Impact Analysis, 52. 29-acre residential development, APN 414- 190-05, Cottonwood Road, North of Panama Lane, Kern County, CA, by Insight Environmental Consultants, April 2006) 12. Prior to the issuance of building permits within the GPAlZC boundary or within a smaller area identified by the Planning Director, the owner/subdivider shall construct a 7 -foot tall block wall on perimeter property lines. This wall shall be extending at least 1,150 feet west of the southeast corner of the project area and at least 650 feet north of this corner. Along the street side of the wall shall be 24 inch box trees such as Gracilior Fern Pine (Podocarpus), Sideroxyllon (Eucaliptus), Umbellularia (California Lauel), or Eldarica Pine, spaced no farther apart than 25-feet. The trees shall be placed within a private landscape lot at least 7 feet wide and located between the solid wall and the poultry farm a. Based on the conclusion in the acoustical study, staff recommends that along Cottonwood Road, the 7-foot tall solid wall be at least 225 feet from the feed mill and habitable structures be setback at least 25-feet from the wall. X ~AK~1> o cJl >- ~ ~ m - t- v ORIGINAC> Exhibit A-1 Condition of Approval GPAlZC 05-0940 Page 6 of 6 b. Prior to the recordation of any land division, or the issuance of building permits within the project boundary, the 55 dBA measured from the feed mill shall be plotted to scale and shown on subsequent land divisions maps and building plans within the 55 dBA or higher contour intervals. c. Prior to the construction of multiple story dwelling on property containing contours in excess of 55 dBA, the subdivider shall submit a supplemental acoustical analysis with appropriate noise mitigations for multiple story dwellings to the Planning Director for review and approval. To mitigate for potentially significant noise and odor impacts. 13. If the landscape lot is not accepted by a maintenance district, then prior to the recordation of any land division or the issuance of building permits, the applicant shall form a home owner's association to maintain the noise and odor attenuation mitigation improvements (wall and landscaping) indefinitely. Prior to their recordation, the C.C. & R.s shall be submitted to Planning Department and the City Attorney for review and approval. For orderly development. 14. No habitable structures will be permitted within either the peak odor threshold area or the "Airport runway clear space." As shown on Exhibit A-5. For potentially significant odor and overflight safety impacts. 15. With the recordation of final subdivision maps within the GPAlZC area, a notice shall be recorded on the deeds of all residential lots disclosing that the properties are in an area subject to a potential off-site source of odor, specifically the existing poultry ranch 5110 East Panama Lane, and as a result, residents may experience inconvenience, annoyance and discomfort arising from the odors of such operations. The notice shall also state that residents of property near said agricultural use should, therefore, be prepared to accept such inconvenience, annoyance and discomfort from normal poultry ranching operations. The notice shall be submitted to the Planning Director and the City Attorney for approval, prior to its concurrent recordation with the aforementioned land division. Added by the City Council on August 16, 2006 For potentially significant odor impacts. 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