HomeMy WebLinkAboutORD NO 4481
ORDINANCE NO. 4 4 8 1
AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
CHANGING THE LAND USE ZONING OF THAT CERTAIN
PROPERTY WITHIN THE CITY OF BAKERSFIELD LOCATED
EAST OF STATE ROUTE 99, NORTH OF PANAMA LANE AND
SOUTH OF MAURICE AVENUE MH ( MOBILE HOME) ZONE
TO P .C.D. (PLANNED COMMERCIAL DEVELOPMENT
COMBINING) ON 36.94 ACRES, AND FROM C-2 (REGIONAL
COMMERCIAL) ZONE ON 0.58 ACRES TO A PCD (PLANNED
COMMERCIAL DEVELOPMENT) (TOTAL OF 37.52 ACRES),
TO ALLOW DEVELOPMENT OF THE PANAMA LANE
SHOPPING CENTER (ZONE CHANGE NO. 02-0193)
WHEREAS, the Proposed Project includes General Plan Amendment No. 02-
0193 and Concurrent Zone Change No. 02-0193 to allow the development of a retail
commercial center known as the Panama Lane Shopping Center, which includes 434,063
square feet of building on 37.52 acres of property located east side of State Route 99, north of
Panama Lane, and south of Maurice Avenue, in the City of Bakersfield, County of Kern, State
of California, as shown in attached Exhibit "1;" and
WHEREAS, the requested zone change is as follows:
Zone Chanae No. 02-0193:
Panama 99 Properties, LLC has filed an application for a zone change from MH
(Mobile Home) on 36.94 acres, and C-2 (Regional Commercial) zone on 0.58
acres to PCD (Planned Commercial Development) zone (on a total of 37.52
acres) to allow development of a 434,063 square foot commercial retail shopping
center. The center proposes a Wal-Mart Supercenter will encompass 245,905
sq ft of building area; a Lowe's with 161,724 sq ft of building area, two retail
tenant buildings which encompass 22,851 sq ft and 3,583 sq ft of building area;
and
WHEREAS, the applicant for the Proposed Project is Panama 99 Properties
LLC., ("Applicant"); and
WHEREAS, in February 2003, the City Council of the City of Bakersfield ("City")
adopted Resolution No. 20-03, which certified Final Environmental Impact Report SCH #
2002071051 ("2003 EIR"), Resolution No. 26-03, and Ordinance No. 4112, which approved a
General Plan amendment and concurrent zone change for the Proposed Project ("2003 Project
Approvals"); and
WHEREAS, the adequacy of the 2003 EIR and the validity of the 2003 Project
Approvals were challenged in a lawsuit entitled Bakersfield Citizens for Local Control v. City of
Bakersfield, et al., Kern County Superior Court Case No. 249669 KCT, and in an appeal of the
judgment originally entered by the Kern County Superior Court in the lawsuit, California Court of
Appeal, Fifth Appellate District Case No. F044943 ("2003 Litigation"); and
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WHEREAS, in December 2004, the California Court of Appeal, Fifth Appellate
District, rendered an opinion in the 2003 Litigation, which held that the 2003 EIR was
inadequate in certain respects and directed that a writ of mandate issue requiring the City to set
aside its certification of the 2003 EIR and its adoption of the 2003 Project Approvals and to
prepare a new EIR in accordance with the standards and procedures of the California
Environmental Quality Act ("CEQA"); and
WHEREAS, in June 2005, the Kern County Superior Court issued a peremptory
writ of mandate requiring the City to set aside its certification of the 2003 EIR and its adoption
of the 2003 Project Approvals and to prepare a new EIR in accordance with the standards and
procedures of CEQA ("Writ of Mandate"); and
WHEREAS, pursuant to the Writ of Mandate, the City retained the professional
environmental consulting services of Michael Brandman Associates to prepare the required
environmental review and undertook preparation of a new EIR for the Proposed Project; and
WHEREAS, pursuant to CEQA and the Writ of Mandate, the City prepared a
draft environmental impact report for the Proposed Project, which was filed with the State
Clearinghouse as SCH # 2005061168 ("Draft EIR"), and circulated the Draft EIR for public
review and comment as required by law; and
WHEREAS, the City received and responded to public comments on the Draft
EIR and prepared a final environmental impact report ("Final EIR"), which consists of 14
volumes and includes the Draft EIR, technical appendices, public comments and
recommendations on the Draft EIR, the responses of the City to significant environmental
points raised in the review, comment and consultation process, a list of persons, organizations
and public agencies which commented on the Draft EIR, and other materials, and which has
been filed with the Clerk of the City of Bakersfield and has been provided to commenting
agencies and persons; and
WHEREAS, pursuant to CEQA, the City has prepared a Mitigation Monitoring
and Reporting Program, which has been filed with the City Clerk; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Environmental Impact Reports as set forth in CEQA and City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by the city staff and the Planning
Commission; and
WHEREAS, pursuant to the Writ of Mandate, the City Council of the City
adopted Resolution No. 188-07 on September 12, 2007, vacating and setting aside Resolution
No. 20-03, which certified the 2003 EIR, Resolution No. 26-03, and Ordinance No. 4112, which
adopted the 2003 Project Approvals; and
WHEREAS, a duly noticed public hearing was held on September 17,2007, and
September 20, 2007, before the Planning Commission, at which the Planning Commission
received public testimony and gave direction to City staff regarding the Proposed Project; and
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WHEREAS, having reviewed and considered all testimony and materials made
available to the Planning Commission, including but not limited to the Final EIR, the staff reports
and all the testimony and evidence in the record of the proceedings with respect to the
Proposed Project, the Planning Commission adopted Resolution No. 160-07 making findings
and recommending approval of the related General Plan Amendment with which the City
Council concurs; and
WHEREAS, by Resolution No. 161-07 on September 20,2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 02-0193 as delineated on attached Legal
Description and Zoning Map No. 123-24 marked Exhibit "6," by this Council and this Council
has fully considered the recommendations made by the Planning Commission as set forth in
that Resolution and restated herein; and
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
1. The City Council finds the facts recited above are true and incorporates
them herein by this reference;
2. The City Council finds and determines that the applicable provisions of
CEQA, Public Resources Code section 21000, et seq., and its implementing state guidelines,
14 California Code of Regulations section 15000, et seq. ("CEQA Guidelines"), and the City of
Bakersfield's CEQA Implementation Procedures have been duly observed in connection with
the preparation of the Final Environmental Impact Report (SCH #2005061168), the public
hearings and the considerations of this matter and all of the previous proceedings related
thereto.
3. The City Council has certified said Panama Lane Shopping Center EIR.
4. All required notices have been given.
5. The City Council finds and determines that:
A. The public necessity, general welfare and good zoning practice
justify the recommended change of zone from MH (Mobile Home) on 36.94 acres, and C-2
(Regional Commercial) zone on 0.58 acres to PCD (Planned Commercial Development) (total
of 37.52 acres) as shown on Exhibit "1".
B. The project site, with prior approval of General Plan Amendment
No. 02-0193, is designated GC (General Commercial) on 36.94 acres on the Metropolitan
Bakersfield General Plan Land Use Plan. GC (General Commercial) designation exists on 0.58
acres of the total 37.52 project site.
C. The recommended zone change is consistent with the
Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment
No. 02-0193.
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D. Attached Exhibit "3" depicting the site plan and typical elevations
for said project are approved, subject to conditions of approval contained in Exhibit "2".
E. Attached Exhibit "4" containing the CEQA Findings of Fact and
Statement of Overriding Considerations are appropriate and incorporated into the project.
F. Attached Exhibit "4" containing the Statement of Overriding
Considerations related to significant unavoidable traffic/transportation (cumulative), and air
quality (short-term) impacts are appropriate and incorporated into the project.
G. That Section 17.06.020 (Zoning Map) of the Municipal Code of the
City of Bakersfield be amended by changing the land use zoning from MH (Mobile Home) on
36.94 acres, and C-2 (Regional Commercial) zone on 0.58 acres to PCD (Planned Commercial
Development) zone (total 37.52 acres), as shown and described in Exhibit "6," Legal
Description and Zone Map 123-24, herein attached.
H. That Zone Change No. 02-0193, as outlined above, is hereby
approved with conditions of approval and mitigation measures as shown on Exhibit "2" and the
Mitigation Monitoring and Reporting Program as found in attached Exhibit "5", subject to prior
approval of General Plan Amendment No. 02-0193.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective not less than thirty (30) days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on OF"(~ 1 2 1007 by
the following vote:
~ COUNCILMEMBER
\..;j~ COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
/ / / /./../
CARSON. BENHAM. WEIR. e8tl611. HANSON. SULLIVAN. SCRIVNER
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED
HA EY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GE RO
City Attorne
I'
By:
Exhibits for Ordinance
1 Zone Change Location Map
2 Mitigation/Conditions of Approval
3 PCD Site Plan ad Elevations
4 CEQA Findings of Fact and
Statement of Overriding Considerations
5 Mitigation Monitoring and Reporting Program
6 Legal Description and Zone Map No. 123-24
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EXHIBIT "2"
MITIGATION I CONDITIONS OF APPROVAL
GPAlZC 02-0193
PANAMA LANE SHOPPING CENTER
MITIGATION MEASURES
AESTHETICS
1. Prior to the issuance of a building permit, the two 35-foot high luminaries proposed along the
southeastern perimeter of the project site shall be modified by including a Type III optical system
(Le. modify the reflector inside the fixture) and a side shield visor shall be installed per
manufacturers recommendations. (Mitigation Measure (MM) 5.2.D.1.)
BIOLOGICAL RESOURCES
2. Prior to the issuance of an Urban Development grading permit, the project applicant shall pay a
Habitat Mitigation Fee in accordance with Section 15.78.030 of the City of Bakersfield Municipal
Code and the Implementation/Management agreement for the MBHCP. (MM 5.3.A.1.)
3. The MBHCP and the Standardized Recommendations for Protection of the San Joaquin Kit Fox
(1989) require specified take avoidance measures for the San Joaquin kit fox. In addition, the
MBHCP encourages the relocation of known kit foxes prior to development, if practical. To this
end, the following pre-construction and construction mitigation measures shall be required as
conditions of approval: (MM 5.3.A.2.)
Pre-Construction Mitigation Measures - Relocation
a. No later than sixty days (60) days prior to any ground disturbing activities or grading, a pre-
construction survey shall be completed by a qualified biologist to determine the continued
presence or absence of kit foxes on site. A second survey shall be conducted no more than
thirty (30) days prior to the onset of construction or ground disturbing activities. If kit foxes
are deemed to be present on site, USFWS shall be immediately contacted telephonically
and in writing and circular exclusion zones shall be established around the kit fox dens
following consultation with USFWS and consistent with the requirements contained within
the USFWS' the Standardized Recommendations for Protection of the San Joaquin Kit Fox
(1989). (MM 5.3.A.2(a))
b. No later than forty five (45) days prior to any ground disturbing activities or grading, the
developer shall contact a qualified biologist holding proper permits and/or agreements
pursuant to Section 4.7.5 of the MBHCP Implementation Agreement and provide approval
to that biologist to relocate known kit foxes located on site to relocation preserves approved
by USFWS or qualified Habitat Management Lands covered by the MBHCP. (MM
5.3.A.2(b ))
c. No later than forty five (45) days prior to any ground disturbing activities or grading, the
developer shall contact the ESRP at Stanislaus State University, and shall authorize a
qualified biologist working for the ESRP to radio-telemetry collar any known kit foxes located
on site, to the extent feasible, to gather data for use in connection with ESRP ecological
research programs. (MM 5.3.A.2(c))
d. No later than fourteen (14) days prior to any ground disturbing activities or grading, all
known dens shall be monitored for at least three (3) consecutive days to ensure that dens
are unoccupied prior to den excavation. (MM 5.3.A.2(d))
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November 27, 2007
Exhibit "2"
GPAlZC 02-193
Page 2 of 19
e. No later than five (5) business days prior to the initiation of any ground disturbing activities
or grading (Grading Start Date), developer shall notify the Regional Offices of CDFG and
USFWS in writing of its intent to destroy unoccupied dens and initiate grading. At this time,
Developer shall again authorize qualified representatives of DFG and USFWS to attempt to
relocate known kit foxes, to the extent feasible. If DFG and USFWS are unable to relocate
known kit foxes by the Grading Start Date, Developer shall be required to eliminate known
kit fox dens in the manner set forth below. (MM 5.3.A.2(e))
Pre-Construction Mitigation Measures - Den Destruction
f. Pursuant to section 4.7.4 and Exhibit K of the MBHCP, and consistent with the USFWS' the
Standardized Recommendations for Protection of the San Joaquin Kit Fox (1989), known kit
fox dens located on the project site shall be excavated and destroyed under the direct
supervision of a qualified biologist. Prior to the destruction of dens, the dens shall be
monitored for at least three (3) consecutive days to determine whether the den is active or
dormant. Activity at the den can be monitored by placing tracking medium at den entrances
and by spot lighting. If no den activity is observed during this period, the den should be
destroyed immediately pursuant to the den destruction procedures set forth below. (MM
5.3.A.2(f))
g. Destruction of dens shall be accomplished by careful excavation with hand tools until it is
certain that no kit foxes are inside. The den shall be fully excavated and back filled with dirt
and compacted to ensure that kit foxes cannot reenter or use the den during the
construction period. (MM 5.3.A.2(g))
h. If a kit fox is found inadvertently inside a den during excavation, the animal shall be allowed
to escape unhindered, or, to the extent feasible, representatives from the ESRP and/or
CDFG or USFWS shall be contacted to attempt to relocate and/or collar the kit fox pursuant
to the MBHCP and/or applicable ESRP protocol. (MM 5.3.A.2(h))
Construction Mitigation Measures
i. To prevent inadvertent entrapment of kit foxes during the construction phase of the project,
all excavated, steep walled holes or trenches more than two feet deep shall be covered at
the close of each working day by plywood or similar materials or provided with one or more
escape ramps constructed of earth fill or wooden planks. Each excavation shall contain at
least one ramp, with long trenches at least one ramp shall be placed every .25 mile. Slope
of ramps shall be no steeper than 1 :1. Before such holes or trenches are filled, they shall
be fully inspected for trapped kit foxes. If at any time a trapped or injured kit fox is
discovered, representatives from ESRP and/or DFG or USFWS shall be contacted
immediately to attempt to relocate and/or collar the kit fox pursuant to the MBHCP and/or
applicable ESRP protocol. Escape ramps shall also be installed immediately to allow
trapped animals to escape. (MM 5.3.A.2(i))
j. All pipes, culverts, or similar structures with a diameter of 4" or greater shall be kept capped
or otherwise covered to prevent injury of kit foxes. If such pipes, culverts or similar
structures are not capped or otherwise covered, they shall be inspected daily prior to burial
or closure to prevent entrapment of kit fox or other sensitive species. (MM 5.3.A.2(j))
k. All food, garbage in plastic shall be disposed of in closed containers and regularly removed
from the site to minimize attracting kit foxes and other sensitive species to the site. (MM
5.3.A.2(k))
I. No dogs. cats, or other animals shall be permitted on the project site. (MM 5.3.A.2(1))
m. If rodent control is deemed necessary during construction, a zinc phosphide based
rodenticide shall be used. (MM 5.3.A.2(m))
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Exhibit "2"
GPAlZC 02-193
Page 3 of 19
n. Developer shall provide a sensitive species identification and avoidance education program
for all construction employees that consists of a consultation in which persons
knowledgeable in kit fox biology and legislative protection to explain endangered species
protocols, habitat needs and the measures and conditions of approval being taken to
reduce impacts to the species during project construction and implementation. A fact sheet
conveying this information shall be prepared for distribution to all contractors, their
employees, and any and all other personnel who are working on the construction site. (MM
5.3.A.2(n))
o. Night time construction shall be prohibited. In addition, all construction vehicles shall
observe a 20 mph speed limit on the project site and developer shall create established
staging, parking and storage areas to ensure the prevention of accidental direct impacts
and takes of kit foxes. (MM 5.3.A.2(0))
4. Pre-construction surveys shall include a survey for burrowing owl and raptor nests. A pre-
construction survey shall be conducted by a qualified biologist and shall be conducted no later than
thirty (30) days prior to any grading or ground disturbing activities. Additional clearance surveys
conducted by a qualified biologist shall be again undertaken within fourteen (14) days of initial
ground disturbance or grading to ensure that no owls have re-entered the site. Construction or
operational activities associated with project features that occur within portions of the project site
containing occupied and/or suitable habitat for the burrowing owl and raptor nests shall be
restricted to periods outside the breeding season for this species. The breeding season for
burrowing owls runs from February 1 through August 31.
If construction or operational activities occur during the breeding season for burrowing owls,
surveys are required prior to such construction to determine the presence/absence of this species
within the impact area. Focused surveys shall be conducted under CDFG and Burrowing Owl
Consortium protocol by a qualified biologist from February 1 to August 31. If this species is
determined to occupy any portion of the project site, consultation with the CDFG and USFWS is
required and no construction activity shall take place within 500 feet of an active nest/burrow until it
has been determined that the nest/burrow is no longer active, and all juveniles have fledged the
nest/burrow. No disturbance to active burrows shall occur without appropriate permitting through
the MBTA and/or CDFG.
If active burrowing owl burrows are detected outside the breeding season (September through
January), passive relocation may be approved following consultation with the CDFG and USFWS.
If needed, the installation of one-way doors shall be installed as part of a passive relocation
program. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when
determined to be unoccupied, and backfilled to ensure that animals do not reenter the holes/dens.
(MM 5.3.A.3)
5. The discovery of any previously unidentified protected species that are not covered under the
MBHCP, including those protected under the MBTA and the Fish and Game Code, shall be
avoided and evaluated by a qualified biologist during surveys. The USFWS and CDFG shall be
notified of the presence of any previously unreported protected species. Any unanticipated take of
protected wildlife shall be reported immediately to the USFWS and CDFG. (MM 5.3.A.4)
CULTURAL RESOURCES
6. Prior to the commencement of any ground disturbing activities, all earth-moving and excavation
contractor employees and an authorized representative of a local California Native American Tribe
representative shall attend a meeting on the project site informing them of the potential for
inadvertently discovered cultural resources and/or human remains and protection measures to be
followed to prevent destruction of any and all cultural resources discovered on site. The project
applicant and the City of Bakersfield Planning staff shall meet with representatives who have
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By jeng / S:IP.99ICCIConditions99.doc
November 27, 2007
Exhibit "2"
GPA/ZC 02-193
Page 4 of 19
provided input during the environmental process (Le., Ron Wermuth who represents the
Tubutatulabal, Kawailsu, Koso, and Yokuts tribes and also the Chumash Council of Bakersfield).
The purpose of the meeting is to determine who could represent the Native American interest and
provide monitoring. If more than one Native American monitor is identified, the selected Native
American monitors will all attend the pre-construction meeting. The orientation shall be conducted
by the Project Archeologist and shall include information regarding the potential for objects to occur
on site, a summary of applicable environmental law, procedures to follow if potential cultural
resources are found, and measures to be taken if cultural resources are found and the measures to
be taken if cultural resources and/or human remains are unearthed as part of the project. The
Project Archaeologist shall prepare and provide a summary report to the Project Construction
Manager who shall maintain the summary report on file. The report shall include the following:
1) When and where the session took place
2) Topics discussed in the session
3) A session attendance roster signed by employees attending the tailgate session
4) Provide a copy to City Planning
5) Provide a copy to Southern San Joaquin Valley Information Center
During grading activities, a qualified archaeological monitor or his representative shall monitor
earth-moving activities on the project site. Once the qualified archaeologist determines that
monitoring is no longer necessary, monitoring activities can be discontinued. If archaeological
resources are uncovered or discovered during construction activities, no further excavation or
disturbance of the area where the resources were found shall occur until a qualified archaeologist,
with consultation from a local Native American monitor evaluates the find. The local Native
American monitor or monitors who attended the pre-construction meeting will be consulted. If the
find is determined to be a unique archaeological resource, the project applicant shall, within forty-
eight hours of notification, provide five percent of one half of 1 percent of the projected cost of the
project to the City to ascertain the appropriate mitigation measures as required by Public
Resources Code Section 21083.2(b), (c) and (d). Appropriate mitigation shall include planning
construction to avoid archaeological sites, capping or covering archaeological sites with a layer of
soil before building on the affected site, or excavation to adequately recover the scientifically
consequential information from and about the resource. If the mitigation costs exceed the initial
deposit by the developer, an amount no greater than one-half of one percent of the project costs
shall be paid by developer to City to implement the mitigation treatment plan. Any payments made
by developer that exceed the actual costs of the mitigation treatment plan shall be reimbursed to
the developer. Work may continue on other parts of the project site while the unique
archaeological resource mitigation takes place. The contingency funding contained in this
Mitigation Measure 5.4.A.1 is inclusive, and not cumulative of the contingency funding contained in
Mitigation Measures 5.4.B.1 and 5.4.C.1.
If the qualified archaeologist determines that the find is a unique archaeological resource, the
resource site shall be evaluated and recorded in accordance with requirements of the State Office
of Historic Preservation (OHP). Prior to disposition of recovered artifacts, consultation with
culturally affiliated Native Americans shall occur. The Native Americans that will be consulted will
be those who attended the pre-construction meeting. If the site is determined to be significant, an
adequate amount of data at the specific site shall be collected by the qualified archaeologist and
the findings of the report shall be submitted to the City and the San Joaquin Valley Information
center. If the site is not determined to be not significant, the site need not be mitigated for as
described above. (MM 5.4.A.1)
7. Prior to the commencement of any ground disturbing activities, all earth-moving and excavation
contractor employees and an authorized representative of a local California Native American
Tribe representative shall attend a meeting on the project site informing them of the potential for <:oAK~
inadvertently discovered cultural resources and/or human remains and protection measures to ~ 1>c.r
By jeng / S:\P-99ICCIConditions99.doc >- "!'.
November 27, 2007 ~ ;;
ORIGINAl
Exhibit "2"
GPAlZC 02-193
Page 5 of 19
followed to prevent destruction of any and all cultural resources discovered on site. The project
applicant and the City of Bakersfield Planning staff shall meet with representatives who have
provided input during the environmental process (Le., Ron Wermuth who represents the
Tubutatulabal, Kawailsu, Koso, and Yokuts tribes and also the Chumash Council of Bakersfield).
The purpose of the meeting is to determine who could represent the Native American interest and
provide monitoring. If more than one Native American monitor is identified, the selected Native
American monitors will all attend the pre-construction meeting. The orientation shall be
conducted by the Project Archeologist and shall include information regarding the potential for
objects to occur on site, a summary of applicable environmental law, procedures to follow if
potential cultural resources are found, and measures to be taken if cultural resources are found
and the measures to be taken if cultural resources and/or human remains are unearthed as part
of the project. The Project Archaeologist shall prepare and provide a summary report to the
Project Construction Manager who shall maintain the summary report on file. The report shall
include the following: (MM 5.4.B.1.)
1 ) When and where the session took place
2) Topics discussed in the session
3) A session attendance roster signed by employees attending the tailgate session
4) Provide a copy to City Planning
5) Provide a copy to Southern San Joaquin Valley Information Center
During grading activities, a qualified archaeological monitor or his representative shall monitor
earth-moving activities on the project site. Once the qualified archaeologist determines that
monitoring is no longer necessary, monitoring activities can be discontinued. If historical
resources are uncovered during construction activities, no further excavation or disturbance of the
area where the resources were found shall occur until a qualified archaeologist examines the find.
If the find is determined to be a potentially historical resource, the project applicant shall, within
forty-eight hours of notification, provide five percent of one half of 1 percent of the projected cost
of the project to the City to ascertain the appropriate mitigation measures as required by Public
Resources Code Section 21083.2(b), (c) and (d). Appropriate mitigation shall include planning
construction to avoid archaeological sites, capping or covering archeological sites with a layer of
soil before building on the affected site, or excavation to adequately recover the scientifically
consequential information from and about the resource. If the mitigation costs exceed the initial
deposit by the developer, an amount no greater than one-half of one percent of the project costs
shall be paid by developer to City to implement the mitigation treatment plan. Any payments
made by developer that exceed the actual costs of the mitigation treatment plan shall be
reimbursed to the developer. Work may continue on other parts of the project site while the
historical resource mitigation takes place. The contingency funding contained in this Mitigation
Measure 5.4.B.1 is inclusive, and not cumulative of the contingency funding contained in
Mitigation Measures 5.4.A.1 and 5.4.C.1.
If the qualified archaeologist determines that the find is a significant historical resource, the
resource site shall be evaluated and recorded in accordance with requirements of the State Office
of Historic Preservation (OHP). Prior to disposition of recovered artifacts, consultation with
culturally affiliated Native Americans shall occur. The Native Americans that will be consulted will
be those who attended the pre-construction meeting. If the site is determined to be significant, an
adequate amount of data at the site shall be collected by the qualified archaeologist and the
findings of the report shall be submitted to the City and San Joaquin Valley Information Center. If
the site is determined to be not significant, the site need not be mitigated for as described above.
(MM5.4.B.1)
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November 27, 2007
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Exhibit "2"
GPAlZC 02-193
Page 6 of 19
8. If paleontological resources are uncovered during construction activities, no further excavation or
disturbance of the area where the resources were found shall occur until a qualified
paleontologist examines the find. If the find is determined to be a potentially significant
paleontological resource, the project applicant shall, within forty-eight hours of notification,
provide five percent of one half of 1 percent of the projected cost of the project to the City to
ascertain the appropriate mitigation measures as required by Public Resources Code Section
21083.2(b), (c) and (d). Appropriate mitigation shall include planning construction to avoid
paleontological sites, capping or covering paleontological sites with a layer of soil before building
on the affected site, or excavation to adequately recover the scientifically consequential
information from and about the resource. If the mitigation costs exceed the initial deposit by the
developer, an amount no greater than one-half of one percent of the project costs shall be paid by
developer to City to implement the mitigation treatment plan. Any payments made by developer
that exceed the actual costs of the mitigation treatment plan shall be reimbursed to the developer.
Work may continue on other parts of the project site while the paleontological resource mitigation
takes place. The contingency funding contained in this Mitigation Measure 5.4.C.1 is inclusive,
and not cumulative of the contingency funding contained in Mitigation Measures 5.4.A.1 and
5.4.B.1.
If the qualified paleontologist determines that the find is a significant paleontological resource, the
resource site shall be excavated and all recovered fossils shall be curated for documentation in a
summary report and transferred to the Buena Vista Museum of Natural History in the City of
Bakersfield. (MM 5.4.C.1.)
9. In the event of the accidental discovery or recognition of any human remains on the project site,
the following steps shall be taken: (MM 5.4.D.1)
a. There shall be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until:
i. The coroner of the county in which the remains are discovered determines that no
investigation of the cause of death is required, and
ii. If the coroner determines the remains to be Native American:
1. The coroner shall contact the NAHC within 24 hours.
2. The NAHC shall identify the person or persons it believes to be the most
likely descended from the deceased Native American.
3. The most likely descendent may make recommendations to the landowner or
the person responsible for the excavation work, for means of treating or
disposing of, with appropriate dignity, the human remains and any associated
grave goods as provided in Public Resources Code Section 5097.98, or
b. Where the following conditions occur, the landowner or his authorized representative shall
rebury the Native American human remains and associated grave goods with appropriate
dignity on the property in a location not subject to further and future subsurface disturbance
pursuant to Public Resources Code Section 5097.98(e).
i. The NAHC is unable to identify a most likely descendent
ii. The most likely descendant is identified by the NAHC, but fails to make a
recommendation within 48 hours of being granted access to the site; or
iii. The landowner or his authorized representative rejects the recommendation of the
descendant, and a mediation by the NAHC fails to provide measures acceptable to
the landowner.
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ORIGINAL
Exhibit "2"
GP A1ZC 02-193
Page 7 of 19
TRAFFIC AND TRANSPORTATION
10. Prior to the issuance of building permits, the project applicant shall participate in the Local
Mitigation Impact Fee Program and pay the project's fair share for local improvements as outlined
in Table 5.6-15 in the Draft EIR. City shall ensure that the improvements outlined in Table 5.6-15
will be constructed pursuant to the fee program at that point in time necessary to avoid identified
significant impacts on traffic. (MM 5.6.A.1)
11. Prior to the issuance of building permits, the project applicant shall participate in the Regional
Transportation Impact Fee Program and pay the project's fair share for regional improvements as
outlined in Table 5.6-15 of the Draft EIR. City shall ensure that the improvements outlined in
Table 5.6-15 of the Draft EIR will be constructed pursuant to the fee program at that point in time
necessary to avoid identified significant impacts on traffic. (MM 5.6.A.2.)
12. City shall participate in a multi-jurisdictional effort with Caltrans and KernCOG to develop a study to
identify fair share contribution funding sources attributable to and paid from private and public
development to supplement other regional and State funding sources necessary to implement the
Kern County improvements identified by Caltrans in its SR-99 Business Plan. The study shall
include fair share contributions related to private and/or public development based on nexus
requirements contained in the Mitigation Fee Act (Govt. Code Section 66000 et seq.) and 14 Cal.
Code of Regs. Section 15126.4(a)(4) and, to this end, the study shall recognize the statewide
and regional contributions to impacts to SR-99 that are not attributable to local development such
that local private and public development are not paying in excess of such developments' fair
share obligations. The fee study shall also be compliant with Government Code section 66001(g)
and any other applicable provisions of law. The study shall set forth a timeline and other agreed-
upon relevant criteria for implementation of the recommendations contained within the study to
the extent the other agencies agree to participate in the fee study program. (MM 5.6.A.3.)
13. The Traffic Study has concluded that the three identified segments of SR-99 will operate at LOS F
without the project at 2030. The project's contributions to traffic on these three identified SR-99
segments will not cause a degradation of LOS below LOS F, but nevertheless will contribute to
cumulative congestion on these identified segments. In the SR-99 Business Plan, Caltrans has
identified concept facilities in metropolitan Bakersfield which have been conceptually
programmed to be constructed by 2030. In its SR-99 Business Plan, Caltrans has recognized
that even with the construction of the identified concept facilities, many segments in the urban
areas will continue to operate at LOS For E, but some may operate at LOS D. In its SR-99
Business Plan, Caltrans has identified the phased, eight-lane widening of SR-99 from Bear
Mountain Blvd. to Wilson from its current status as a six-lane facility. The total project costs in
2007 dollars has been identified as $57 million. Approximately eight and one-half miles of
roadway exist between Bear Mountain Blvd. and the Wilson. This equates to a cost of
approximately $6.7 million per mile. Of the eight and one half miles identified for improvement,
approximately 4.3 miles are impacted by the proposed project, for a total cost of approximately
$28.8 million. Using Caltrans' fair share formula, the project's contribution to trips on this 8.5
miles of impacted segment amounts to 2.4% of the total 2030 volume. Again using Caltrans' fair
share formula, this equates to a fair share contribution of $691 ,440. Consistent with the SR-99
Business Plan's recognition that development has a role in participating in the funding of mainline
improvements, prior to the issuance of the first building permit for the project, the project applicant
shall pay $691,440 to the City pro-rated among each developable parcel as its fair share
contribution to its cumulative impacts to the identified segments of SR-99 (Developer's Fair Share
Contribution). City shall hold Developer's Fair Share Contribution in trust and shall apply
Developer's Fair Share Contribution to any fee program adopted or agreed upon by the City,
KernCOG and Caltrans as a result of implementation of Mitigation Measure 5.6.A.3. In addition,
the project applicant shall provide an irrevocable offer of dedication to Caltrans for approximately
1,000 linear feet of right-of-way along the western property line to facilitate Caltrans' long-term ~ 'QAK~1>
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ORIGINAl
Exhibit "2"
GPAlZC 02-193
Page 8 of 19
facilities' plans that identify the need for potential ramp metering on the northbound Panama Lane
on-ramp to SR-99, when required. The project applicant shall be entitled to an offset of the
Developer's Fair Share Contribution based on the value of the land conveyed. (MM 5.6.A.4.)
AIR QUALITY
14. Prior to the issuance of a grading permit, the following shall be incorporated into the construction
plan. (MM 5.7.A.1.)
. During all phases of construction, construction equipment shall be properly and routinely
maintained, as recommended by manufacturer manuals, to control exhaust emissions.
. During all phases of construction, all contractors shall follow all the rules in Regulation VIII.
. During all phases of construction, all contractors shall restrict equipment and vehicle idling
to five minutes or less.
. The Project proponent shall develop a ride-share incentive program for construction
workers. The program shall be submitted to the City for review and approval.
. On-site electrical hook ups shall be installed for electric hand tools such as saws, drills, and
compressors, to substantially decrease the need for fuel powered electric generators and
other fuel-powered equipment.
. During construction, only low volatility paints and coatings shall be used. All paints shall be
applied using either high volume low-pressure (HVLP) spray equipment or by hand
application.
. During construction of the retail uses, the off-road construction equipment (i.e., cranes and
lifts) shall use California Air Resources Board verified Level Three diesel particulate filters
(www.arb.ca.gov/diesellverdev/vtIcvt.htm) to accomplish an 85 percent reduction in PM10
emissions.
15. Prior to issuance of a building permit, to reduce emissions from mobile sources the project
applicant shall provide payment in an amount equal to the applicable regional transportation
improvement fund traffic impact fees and the local transportation impact fee applicable to the
project to facilitate the implementation of the intersection and roadway segment improvements
that are identified as mitigation in Section 5.6 Traffic and Transportation. (MM 5.7.A.2)
16. The project applicant shall integrate pedestrian infrastructure such as pedestrian pathways that
connect buildings throughout the project, including at least one connection between the southern
and northern buildings. The walkways should create a safe and inviting walking environment for
people wishing to walk from one building to another. Walkways should be installed to direct
pedestrians from the street sidewalk to the buildings. Sidewalks shall be designed for high
visibility (brightly painted, different colors of concrete, etc.) when crossing parking lots, streets,
and similar vehicle paths. (MM 5.7.A.3.)
17. Lowe's, Wal-Mart, Office Depot and the in-line tenants shall display up to date documentation
regarding area transit routes and bicycle routes in a visible and convenient location for employees
and customers. (MM 5.7.A.4.)
18. Lowe's, Wal-Mart, Office Depot and the in-line tenants shall coordinate together to appoint an
Employee Transportation Coordinator to work with the San Joaquin Valley Air Pollution Control
District and the two stores to develop and implement an appropriate commuting program. At a
minimum, the program shall provide bus passes discounted at least 50 percent for employees.
The employees shall be provided with written documentation regarding the commuting program.
The commuting program shall be submitted to the Planning Director and the San Joaquin Valley
Air Pollution Control District. This measure shall be approved and implemented prior to Wal-Mart
and Office Depot opening and coordination and approval by the in-line tenants shall be approved
following such tenants' opening. (MM 5.7.A.5.) <of>-K~
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ORIGINAL
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Exhibit "2"
GPAlZC 02-193
Page 9 of 19
19. To encourage employees to bike and/or walk to work, all establishments shall provide at a
minimum three employee storage lockers for every 25 employees. This measure shall be
approved to the satisfaction of the Planning Director. (MM 5.7.A6)
20. The project applicant shall incorporate the following into the building plans of Wal-Mart to reduce
electricity usage associated with lighting and to reduce energy demands. (MM 5.7.A7.)
. The main store area lighting shall use high output linear florescent lamps. These lamps use
half the energy of T8 lamps, which are commonly used.
. In the produce section, focused lighting shall be placed 12.5 feet above the items.
. Dimming controls and daylight harvesting shall be utilized. Light sensors shall be placed
around the stores and either dim or turn off the artificial lights in areas where sufficient
daylight is available.
. Artificial lighting levels shall be reduced by at least 20 percent during the night in entry
vestibules and in portions of the main sales floor to help customers' eyes adjust to the
change of light when going in and out of the store.
. Use light emitting diode (LED) lighting in grocery cases, jewelry cases, and the monument
signs (if applicable).
21. The landscaping shall be maintained by contractors who operate with equipment that complies with
the most recent CARB standards, or standards adopted no more than three years prior to date of
use. (MM 5.7.A8.)
22. The Project applicant shall enter into a voluntary emission reduction program (Air Quality Mitigation
Agreement) with the San Joaquin Valley Air Pollution Control District (SJVAPCD) to offset the
project's air emissions during construction and operation of ROG, NOx, and PM10 to net zero.
This Mitigation Agreement requires the SJVAPCD and the applicant to identify off-site emission
reduction mitigation programs to reduce the project's net impact on air quality. The SJVAPCD
shall commit in writing to reduce the net emissions and to manage and monitor the emission
reduction projects over time. Proof of the Air Quality Mitigation Agreement must be provided to
the satisfaction of the Planning Director prior to recordation of the final map. Proof of compliance
shall include quantification of emission reduction. The Project applicant is responsible for all
costs to determine the emission reductions associated with the projects. The following design
features for the project shall be implemented: (MM 5.7.A9.)
. Prior to issuance of a grading permit for those areas of the Project site that remain to be
graded, the Developer shall prepare and submit a dust control plan. The plan shall be
prepared consistent with SJV APCD Regulation VIII and must be reviewed and approved by
the SJV APCD prior to the commencement of grading activities. Each contractor working on
the Project site shall implement the dust control measures outlined in the approved dust
control plan. The dust control measures selected shall be incorporated as a note on each
grading plan.
. Prior to the issuance of certificates of occupancy for all buildings, including Lowe's, the
applicant for each retail building proposed on an individual parcel shall demonstrate an
ability to achieve an energy efficiency rating that achieves twelve percent (12%) beyond
Title 24 requirements then in effect. A wide variety of means exist to achieve this energy
efficiency standard, including the use of, or a combination of the use of, building insulation
material having a greater "R-value," the use of photo voltaic (e.g., solar) energy systems,
and efficient lighting technologies and programs. Prior to issuance of certificates of
occupancy for all buildings, including Lowe's, the applicant for each commercial building
proposed on an individual parcel shall utilize solar or low emission water heaters to reduce
natural gas consumption and emissions.
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ORIGINAl
Exhibit "2"
GPAlZC 02-193
Page 10 of 19
. Prior to issuance of building permits for each structure proposed on an individual parcel, a
landscape plan shall be prepared and submitted to the City of Bakersfield Planning
Department for review and approval pursuant to the City's normal planning process. The
plan shall provide shade trees and foliage to reduce building and surface lot heating/cooling
needs, and conform to landscape standards established by the City of Bakersfield.
. Prior to issuance of certificates of occupancy for all buildings, including Lowe's, the
applicant for each building proposed on an individual parcel shall submit site plans
illustrating the use of light-colored roofing materials as opposed to dark roofing materials
when possible.
. The Developer of the Project shall come to an agreement with Kern Regional Transit and
Golden Empire Transit, to the extent the Transit Agency agrees, regarding scheduled transit
stops at the project site for future employees. A signed copy of the agreement shall be
provided to the City of Bakersfield Planning Department for verification prior to issuance of
building permits for the super center.
. The project shall include provisions that require individual parcels to install preferential
parking for vanpooling and carpooling for site employees. This measure will be verified by
the Planning Department during the building and plan check process.
. The project shall include provisions that require the supercenter parcel that remains to be
constructed to have bike racks installed in order to encourage bicycle commuting.
Developer agrees to have this measure placed as a condition of approval from the City of
Bakersfield and verification of this measure will occur during the site plan review process.
23. The California Air Resources Board, in Title 13, Chapter 10, Section 2485, Division 3 of the
California Code of Regulations, imposes a requirement that heavy-duty trucks transporting
materials to the project tenants shall not idle for greater than five minutes. Accordingly, all diesel
delivery trucks servicing the project shall not idle more than five minutes per truck trip per day.
Wal-Mart's truck fleet has automatic shut-off systems that automatically turn the vehicles off when
the vehicle has been idling for more than three minutes. Signs that state, "no idling" shall be
posted at all the loading docks in a visible location. The store managers and/or personnel shall
communicate this restriction to the truck drivers as needed. (MM 5.7.C.1.)
24. In the delivery loading areas, electrical hookups shall be provided to allow for supplementing
power for future tenants that may require transportation refrigeration units to deliver supplies.
(MM 5.7.C.2.)
25. The maintenance and testing of the standby emergency generator shall not exceed more than
one hour on any given day or more than 50 hours per year. Logs shall be maintained and
retained subject to review by the San Joaquin Valley Air Pollution Control District. (MM 5.7.C.3.)
26. Wal-Mart, Lowe's, and Office Depot shall join the California Climate Action Registry
(www.climateregistry.org)toreportaminimumofoneyearofgreenhousegasemissions.This
measure shall be fulfilled prior to one year after project approval. (MM 5.7.H.1.)
27. The applicant shall become a "Forest Founder" of the Tree Foundation of Kern and/or the Kern
River Parkway Foundation. The applicant shall purchase 1,000 trees at $50 per tree to be
planted within Kern County over the next 10 years. The Tree Foundation of Kern and/or the Kern
County River Foundation shall provide appropriate documentation regarding the plan for tree
planting and the phasing of the tree planting. (MM 5.7.H.2.)
28. To increase water use efficiency and decrease waste, the following shall be installed: (MM
5.7.H.3.)
. Automatic shut off valves shall be installed in all project restrooms;
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ORIGINAL
Exhibit "2"
GPAlZC 02-193
Page 11 of 19
. "Save Water" type signs shall be placed near water faucets; and
. During operation, Lowe's, Wal-Mart, and Office Depot shall have recycling programs to
ensure that items that are recyclable (Le., cardboard boxes and paper) are recycled using
appropriate City guidelines and recycling procedures.
NOISE
29. Prior to grading-plan approval, the grading plans shall state that construction equipment shall be
equipped with mufflers and maintained in accordance with the equipments' factory specifications.
During construction activities, the construction equipment muffler and maintenance records shall
be onsite. (MM 5.8.D.1.)
30. Prior to grading-plan approval, the grading-plans shall state that construction activities associated
with development of the project site would be required to be in conformance with Section
9.22.050 of the City of Bakersfield Municipal Code which limits construction to the hours of 6 a.m.
to 9 p.m. on weekdays, and between 8 a.m. and 9 p.m. on weekends, where construction occurs
less than 1,000 feet from residences. (MM 5.8.D.2.)
PUBLIC SERVICES
31. The project developer shall pay applicable SB 50 Level 1 impacts fees at the time of issuance of
building permits in accordance with the statutory rate then in effect. (MM 5.12.C.1.)
GEOLOGY AND SOILS
32. Prior to the issuance of a building permit, the building plan shall demonstrate that future structures
on the project site will be constructed in accordance with the Uniform Building Code (seismic
zone 4, which has the most stringent seismic construction requirements in the United States), and
will adhere to all modern earthquake standards, including those relating to soil characteristics.
PUBLIC WORKS (Discretionarv Conditions)
33. Along with the submittal of any development plan, prior to approval of improvement plans, or with
the application for a lot line adjustment or parcel merger, the following shall occur:
a. Developer is responsible for the construction of all infrastructure, both publiC and private,
within the boundary of the GPAlZC area. This includes the construction of any and all
boundary streets to the centerline of the street, unless otherwise specified. The developer is
also responsible for the construction of any off site infrastructure required to support this
development, as identified in these conditions. The phasing of the construction all
infrastructure will be addressed at the subdivision map stage.
34. The entire area covered by this General Plan Amendment shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated
Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan
Review, or application for a lot line adjustment for any portion of this GPA area.
35. Prior to issuance of any new building permit, the developer shall pay a major transportation
facility fee for all existing structures on the project site in the amount as described below that is in
effect:
a. 35~ per square foot for commercial/industrial use, OR
b. the difference between the original TIF paid with the original building
permits and the new, merged TIF, if the fee is merged into the
regional TIF program.
For orderly development.
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Exhibit "2"
GPAlZC 02-193
Page 12 of 19
36. In addition, prior to issuance of a building permit for any new structure, the developer shall pay a
major transportation facility fee for the new structure in the amount of 35~ per square foot for
commercial/industrial use or the fees in effect at the time of building permit approval. If prior to
issuance of a building permit said fee is merged into the regional TIF program then payment of
the regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is
imposed per City Council approved action plan to pursue funds needed to complete construction
of major transportation facilities to serve growth and development within Metropolitan Bakersfield.
For orderly development.
PLANNING (Discretionary Conditions)
37. Prior to issuance of a building permit, or recordation of a subdivision map, whichever occurs first,
the developer shall compensate the City for the loss of the 3 acres of land designated OS-P
(Open Space-Park) by payment of $75,000. Amount shall be used for park site acquisition as
determined appropriate by the City Recreation and Parks Department.
Discretionary condition for public welfare. This condition was satisfied in 2003.
38. Final landscape plans shall be in substantial conformance with the preliminary landscape plans,
as conditioned in this exhibit.
Discretionary condition for orderly development.
39. The applicant shall work with CalTrans in an effort to replace the existing fence along FWY 99
with an upgraded fence treatment (such as wrought iron) that would allow visual penetration to
the site, enhance the appearance of the freeway fence and satisfy CalTrans safety concerns.
Condition added by City Council in 2003. This condition was satisfied in 2003.
40. The applicant shall work with the adjacent property owner north of the site, east of the
intersection of Maurice Ave. and Walton Dr. Lot 58 of Tract 4181) to finish out landscaping on
said lot and provide an attractive transition and visual screen along the side property line adjacent
to the project are. Plans shall be approved by the Planning Director.
Condition added by City Council in 2003. This condition was satisfied in 2003. .
41. In the event the Wal-Mart store located at 2300 White Lane closes following the opening of a
Wal-Mart store at the subject site, Wal-Mart Real Estate Business Trust hereby agrees as follows:
a. Neither Wal-Mart Real Estate Business Trust nor any affiliate will place restrictions on the
subsequent use of the While Lane story, which would have the effect of prohibiting reuse of
the White Lane store by any retail concern; provided, however, that this condition should not
be deemed violated by the imposition of covenants, conditions and restrictions in a form
typically encountered in retail shopping centers in Southern California (Le. obnoxious uses).
b. If on the fifth anniversary of the opening of a Wal-Mart store on the subject site, the White
Lane store is both (a) owned by Wal-Mart Real Estate Business Trust or any affiliate, and
(b) a successor tenant had not taken occupancy, then subject to the receipt of demolition
permits from all public agencies having jurisdiction, including the City of Bakersfield, Wal- Ms:
Mart Real Estate Business Trust will promptly commence the demolition of the White La~ <0 -90'
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ORIGINAl
Exhibit "2"
GPAlZC 02-193
Page 13 of 19
store and will diligently prosecute the same to completion. Wal-Mart Real Estate Business
agrees to diligently pursuer all permits required for such demolition.
In addition, Wal-Mart Real Estate Business Trust agrees that, in the event it fails to perform
ay of its foregoing obligations, the City of Bakersfield's remedies at law would be
inadequate and further aggress in that event, that the City would have the right to exercise
all available equitable remedies, including the remedy of injunction and the remedy of
specific performance.
Condition added by City Council in 2003.
SITE PLAN REVIEW
42. SITE PLAN REVIEW CONDITIONS AND ORDINANCE COMPLIANCE
The following are specific items that you need to resolve before you can obtain a
building permit or be allowed occupancy. These items include conditions and/or
mitigation required by previous site entitlement approvals (these will be specifically
noted), changes or additions that need to be shown on the final building plans, alert
you to specific fees, and other conditions for your project to satisfy the City's
development standards. The item will usuallv need to be shown on the final
buildina olans or comoleted before a buildina oermit is issued. Each has been
grouped by department so that you know whom to contact if you have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Mark Fick 661/326-3437)
1. An approved grading plan is required prior to final plan approval. The developer shall
submit 4 copies of grading plans and 2 copies of the preliminary soils report to the
Building Division. A final soils report shall also be submitted to the Building Division
before they can issue a building permit. Please note that grading plans must be
consistent with the final building site plans and landscaping plans. Building permits will
not be issued until the grading plan is approved by both the Building Division and Public
Works Department.
2. An approved site utilities plan is required prior to final plan approval.
3. The developer shall include fire resistive wall construction details with the final building
plans for all exterior walls of any building that is within 20 feet of property lines if it is used
for commercial or industrial purposes, or 5 feet of property lines if it is used for residential
purposes.
4. Include with or show on the final building plans information necessary to verify that the
project complies with all disability requirements of Title 24 of the California Building Code.
5. The developer shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for any
food handling facility, (ie. market, delicatessen, cafe, concession, restaurant) before
building permits can be issued.
6. Buildings or structures exceeding 10,000 square feet in area shall require installation of a~K
automatic fire sprinkler system. J <0 ~-90'
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o ORIGINAf'
Exhibit "2"
GPA/ZC 02-193
Page 14 of 19
7. Business identification signs are not considered nor approved under this review. A
separate review and sign permit from the Building Division is required for all new signs,
including future use and construction signs. Signs must comply with the Sign Ordinance
(Chapter 17.60 of the Bakersfield Municipal Code).
8. The Building Division will calculate and collect the appropriate school district impact fee at
the time they issue a building permit.
9. Final building plans shall show pedestrian access pathways or easements for persons
with disabilities from public rights-of-way that connect to all accessible buildings, facilities,
elements, and spaces in accordance with the California Building Code. These pedestrian
access ways shall not be parallel to vehicular lanes unless separated by curbs or railings.
B. DEVELOPMENT SERVICES - PLANNING (staff contact - Hayward Cox 661/326-3673)
1. The minimum parking required for this project has been computed based on use and shall
be as follows:
Square Parking Required
Y.H Footaae Ratio Parkina
Retail - Major 1
Includes Garden Center 245,905 s.f. 1 space/300 s.f. 820 spaces
Retail - Major 2
Includes Garden Center 161,724 s.f. 1 space/300 s.f. 539 spaces
Retail- Building C-1 17,000 s.f. 1 space/300 s.f. 57 spaces
Multi-Tenant Retail- Building C-2 5,850 s.f. 1 spacel 200 s.f. 29 spaces
Retail - Building 0 3,588 s.f. 1 space/300 s.f. 12 spaces
Total Spaces Required 1,457 spaces
Note: 1,910 parking spaces are shown on the proposed site plan. By ordinance, compact and
tandem spaces cannot be counted toward meeting minimum parking requirements)
2. Minimum parking stall dimensions shall be 9-feet wide by 18-feet long. Vehicles may
hang over landscape areas no more than 2% feet provided required setbacks along street
frontages are maintained, and trees and shrubs are protected from vehicles.
3. All parking lots, driveways, drive aisles, loading areas, and any other vehicular access
ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street
surfacing material in accordance with the Bakersfield Municipal Code (Sections 15.76.020
and 17.58.050 N.).
4. Prior to final Site Plan Review, developer shall install bike racks on the easterly parcel of
the project site known as the supercenter portion of the center. (See Condition No. 22
(Mitigation Measure 5.7.A.9)
5. Lighting is required for all parking lots. (Section 17.58.060A). Illumination shall be evenly
distributed across the parking area with light fixtures designed and arranged so that light
is directed downward and is reflected away from adjacent properties and streets. Use of
glare shields or baffles may be required for glare reduction or control of back light. No
light poles, standards and fixtures, including bases or pedestals, shall exceed a height of
40 feet above grade. However, light standards placed less than 50 feet from residenti~I~P.K~
zoned or designated property, or from existing residential development, shall not exce~a ~<.fl
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November 27, 2007 "0 r;
ORIGINAL
Exhibit "2"
GPAlZC 02-193
Page 15 of 19
height of 15 feet. The final building plans shall include a picture or diagram of the light
fixtures being used and show how light will be directed onto the parking area. Please note
that staff can require additional adjustments to installed lighting after occupancy to resolve
glare of other lighting problems if they negatively affect adjacent properties. See Condition
NO.1 (Mitigation Measure 5.2.D.1) for light height in southeaster portion of project site.
6. Because parking and/or access is being shared with adjacent properties, the developer
shall file with the Planning Division before any building permits are issued a copy of a
recorded map, C. C. and R's, or other instrument that ensures that drive aisles, parking,
and access is legally shared in common with adjoining properties as depicted on the site
plan for the life of the project.
7. The developer shall include a copy of a final landscape plan with each set of the final
building plans submitted to the Building Division. Building permits will not be issued until
the Planning Division has approved the final landscape plan for consistency with approved
site plans and minimum ordinance standards (please refer to the attached landscaping
requirements in Chapter 17.61).
(NOTE: At the time a final site inspection is conducted, it is expected that plants will
match the species identified and be installed in the locations consistent with the
approved landscape plan. Changes made without prior approval of the Planning
staff may result in the removal andlor relocation of installed plant materials and
delays in obtaining building occupancy.)
8. Our records show that the project is contained on more than one parcel. These parcels
shall be merged into one parcel because parking must be on the same site as the project
(Section 17.58.010B of the B.M.C.), building setbacks cannot be met based on the design
layout, and/or a parcel line bisects a building. A parcel merger or lot line adjustment
application removing or relocating property lines shall be submitted to the Planning
Division before building permits can be issued. Recordation of the map shall occur before
final building or site occupancy can be granted. If our records are in error and these
parcels have been merged. please provide a copy of the parcel map, subdivision map, or
certificate of compliance showing the property as one parcel. (Note: An Assessor's map
is not acceptable since it is only for tax purposes and does not verify legal parcel status.)
9. Street addresses for the project shall be designated as shown by staff on the returned site
plan. These numbers will be the only addresses assigned by the city unless you wish to
have a different address program. Internal building unit addresses will be only by suite
number and will be the responsibility of the owner or developer to assign to each tenant.
(It is recommended that you assign suite numbers beginning with 100, 200, 300, etc.
instead of an alphabetic character. If in the future a tenant space were split, you would
then be able to assign a suite number between the existing numbers, which would keep
your suites in numerical order. Keeping an orderly numbering system will make it easier
for customers, emergency personnel, and mail delivery to find the business.)
10. See Condition No.3 (Mitigation Measure 5.3.A.1 & 2) regarding compliance with the
Metropolitan Bakersfield Habitat Conservation Plan .
11. Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel,
hospital, church, school), and industrial buildings adjacent to residentially zoned
properties, shall be completely screened by parapets or other finished architectural
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Exhibit "2"
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Page 16 of 19
features constructed to a height of the highest equipment, unfinished structural element or
unfinished architectural feature of the building.
12. Open storage of materials and equipment shall be surrounded and screened with a solid
wall or fence (screening also applies to gates). This fence shall be at least 6 feet in height
and materials shall not be stacked above the height of the fence. (Note: Fences taller
than 6 feet are allowed in commercial and industrial zones but they will require a building
permit.)
13. Areas used for outside storage, shall be treated with a permanent dust binder or other
permanent dust control measures consistent with the regulations of the San Joaquin
Valley Air Pollution Control District. (Note: All passenger vehicle-parking areas must be
paved.)
14. Refuse collection bin enclosures and container areas are subject to all required structural
setbacks from street frontages, and shall not reduce any parking, loading or landscaping
areas as required by the Zoning Ordinance.
15. In the event a previously undocumented oil/gas well is uncovered or discovered on the
project site, the developer is responsible to contact the Department of Conservation's
Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is responsible
for any remedial operations on the well required by DOGGR. The developer shall also be
subject to provisions of BMC Section 15.66.080 (B.).
16. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control
District (Regulation VIII) concerning dust suppression during construction of the project.
Methods include, but are not limited to;, use of water or chemical stabilizer/suppressants
to control dust emissions from disturbed area, stock piles, and access ways; covering or
wetting materials that are transported off-site; limit construction-related speeds to 15 mph
on all unpaved areasl washing of construction vehicles before they enter public streets to
minimize carryoutltrack out; and cease grading and earth moving during periods of high
winds (20 mph or more).
17. Prior to receiving final building or site occupancy, you must contact the Planning Division
(staff contact noted above) for final inspection and approval of the landscaping, parking
lot, lighting, and other related site improvements. Inspections will not be conducted until
all required items have been installed. Any deviations from the approved plans without
prior approval from the Planning Division may result in reconstruction and delays in
obtaining building or site occupancy.
c. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
1. Show on the final building plans the following items:
a. All fire lanes as identified on the returned plans. Any modifications shall be
approved by the Fire Department. Fire lane identification signs shall be installed
every 100 feet with red curbing when curbing is required. All work shall be
completed before occupancy of any building or portion of any building is allowed.
b. All fire hvdrants. both offsite (nearest to site) and on-site. Include flow data on all 'OM~
hydrants. Hydrants shall be in good working condition and are subject to testin~ ~O'
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Exhibit "2"
GPAlZC 02-193
Page 17 of 19
for verification. Fire flow requirements must be met prior to construction
commencing on the project site. Please provide 2 sets of the engineered water
plans to Dave Weirather. (Note: All new fire hydrants must be purchased from the
Fire Department.)
c. All fire scrinkler and/or stand cice svstems. fire alarms and commercial hood
svstems. These suppression systems require review and permits by the Fire
Department. The Fire Department will issue guidelines for these various items as
they may apply to this project.
2. The developer must request an inspection of any underground sprinkler feeds at least 24
hours before they are buried. The Prevention Services Division (1600 Truxtun Avenue,
Suite 401, Bakersfield, CA; Ph. 661/326-3979) must complete all on-site inspections of fire
sprinkler systems and fire alarm systems before any building is occupied.
3. The developer shall show on the final building plans a minimum 20-foot wide all-weather
emergency access with an overhead clearance of 13 feet 6 inches within 150 feet of all
buildings on the project site. The Fire Department must approve the final location and
design of this access prior to building permits being issued. This access shall be
constructed before building occupancy will be granted.
4. All access (permanent and temporary) to and around any building under construction
must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent
standing water. Barricades must be in place where ditches and barriers exist in or cross
roadways. Emergency vehicle access must always be reliable.
5. If you handle hazardous materials or hazardous waste on the site, the Prevention
Services Division may require a hazardous material management and/or risk
management plan before you can begin operations. Please contact them at 661/326-
3979 for further information.
6. If you treat hazardous waste on the site, the Prevention Services Division may require a
hazardous waste "Tiered" permit before you can begin operations. Please contact them
at 661/326-3979 for further information.
7. If you store hazardous materials on the site in either an underground or a permanent
aboveground storage tank, a permit from the Prevention Services Division is required to
install and operate these tanks. The Prevention Services Division may also require a Spill
Prevention Control and Countermeasure Plan for storage of petroleum products above
ground in quantities of 1,320 gallons or more. Please contact them at 661/326-3979 for
further information.
D. PUBLIC WORKS - ENGINEERING (staff contact - George Gillburg 661/326-3997)
1. The developer shall install new connection(s) to the public sewer system. This connection
shall be shown on the final building plans submitted to the Building Division before any
building permits will be issued.
2. Show on the final building plans all existing connection(s) to the public sewer system.
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Exhibit "2"
GPAlZC 02-193
Page 18 of 19
3. All on-site areas required to be paved (ie. parking lots, access drives, loading areas, etc.)
shall consist of concrete, asphaltic concrete (Type B, A. C.) or other paved street material
approved by the City Engineer. Pavement shall be a minimum thickness of 2 inches over
3 inches of approved base material (ie. Class II A. B.). This paving standard shall be
noted on the final building plans submitted to the Building Division before any building
permits will be issued.
4. If a grading plan is required by the Building Division, building permits will not be issued
until the grading plan is approved by both the Public Works Department and Building
Division.
5. Before any building or site can be occupied, the developer must reconstruct or repair
substandard off-site street improvements that front the site to adopted city standards as
directed by the City Engineer. Please call the Construction Superintendent at 661/326-
3049 to schedule a site inspection to find out what improvements may be required.
6. A street permit from the Public Works Department shall be obtained before any work can
be done within the public right-of-way (streets, alleys, easements). Please include a copy
of this site plan review decision to the department at the time you apply for this permit.
7. A sewer connection fee shall be paid at the time a building permit is issued. We will base
this fee at the rate in effect at the time a building permit is issued.
8. The legal description (ie. lot and tract number and/or assessor's parcel number) shall be
shown on the final building plans.
9. All storm water generated on the project site, including the street frontage, shall be
retained onsite unless otherwise allowed by the Public Works Department (please contact
the Public Works Department - Subdivisions at 661/326-3576).
E. PUBLIC WORKS - SOLID WASTE (contacts - James Scrivano or John Wilburn 661/326-
3114)
1. You must contact the staff Derson noted above before building Dermits can be
issued or work begins on the property to establish the level and type of service
necessary for the collection of refuse and/or recycled materials. Collection locations
must provide enough containment area for the refuse that is generated without violating
required zoning or setback restrictions (see Planning Division conditions). Levels of
service are based on how often collection occurs as follows:
. Cart service
. Front loader bin services
. Roll-off compactor service
1 cubic yard/week or less 1 time per week
1 cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day
2. Show on the final building plans refuse bin enclosures. Each enclosure shall be designed
according to adopted city standard (Detail #5-43), at the size checked below 1i:1. Before
occupancy of the building or site is allowed, four-3 cubic yard front loading type refuse
bin(s) shall be placed within the required enclosure(s).
o 6' deep x 8' wide (1 bin)
o 8' deep x 10' wide (2 bins)
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8' deep x 15' wide (3 bins)
one- 8' deep x 20' wide (4 bins)
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NOTE: All enclosure measurements above are inside dimensions. If both refuse and
recycling containers are to be combined in the same enclosure area, this area must be
expanded in size to accommodate multiple containers/bins (contact the staff person above
for the appropriate enclosure size).
3. Show on the final building plans four (4) compactor roll-off bin location(s). Please contact
staff for additional information on compactor requirements and placement.
4. Facilities that require infectious waste services shall obtain approval for separate
infectious waste storage areas from the Kern County Health Department. In no instances
shall the refuse bin area be used for infectious waste containment purposes.
5. Facilities that require grease containment must provide a storage location that is separate
from the refuse bin location. This shall be shown on the final building plans.
6. Facilities that participate in recycling operations must provide a location that is separate
from the refuse containment area.
7. Facilities with existing refuse service must improve the service location area(s) to current
adopted city standards (in accordance with Detail #S-43). These improvements shall be
clearly shown on the final buildings plans.
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CEQA Findings of Fact and Statement of
Overriding Considerations
for the
Panama Lane Shopping Center
Prepared for:
City of Bakersfield
Development Services Department
1715 Chester Avenue
Bakersfield, CA 93301
661.326.3043
Prepared by:
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, CA 92602
714.508.4100
Contact: Michael E. Houlihan, AICP, Project Director
....
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Table of Contents
TABLE OF CONTENTS
Section 1: Introduction ....................... .............. .............. .............. ............................ .......... 1
1.1 - Background ....................................................................................................... 1
1.2 - Project Description............................................................................................ 3
1.3 - Project Components.......................................................................................... 3
1.4 - Project Objectives............................................................................................. 4
1.5 - Record of Proceedings...................................................................................... 5
1.6 - Custodian and Location of Records................................................................... 6
1.7 - Environmental Review and Public Participation .................................................6
1.8 - General Findings............................................................................................... 8
Section 2: Adverse Project-Specific and Cumulative Impacts Which Can Be
Mitigated to a Level of Insignificance....................................................... 11
2. 1 - Aesthetics........................................................................................................ 11
2.2 - Biological Resources....................................................................................... 13
2.3 - Cultural Resources.......................................................................................... 24
2.4 - Traffic.............................................................................................................. 36
2.5 - Air Quality........................................................................................................ 52
2.6 - Noise............................................................................................................... 66
2.7 - Public Services and Utilities............................................................................. 67
Section 3: Adverse Project-Specific and Cumulative Impacts Which Cannot Be
Mitigated to a Level of Insignificance....................................................... 71
3.1 - Transportation................................................................................................. 72
3.2 - Air Quality........................................................................................................ 82
Section 4: Feasibility of Project Alternatives .................................................................. 85
4.1 - No Project/No Development Alternative........................................................... 87
4.2 - No Project/Development in Accordance with the General Plan Alternative ...... 88
4.3 - Reduced Intensity Alternative.......................................................................... 89
4.4 - Alternative Site (Grand Canal Site).................................................................. 91
Appendix A: Statement of Overriding Considerations
LIST OF TABLES
Table 2.4-1: Impact Fee Programs Intersection and Roadway Segment Improvements...... 42
Michael Brandman Associates
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"iding Considerations
Introduction
SECTION 1:
INTRODUCTION
1.1 - BACKGROUND
In compliance with the requirements of the California Environmental Quality Act (CEQA) Public
Resources Code Section 21000 et seq and the CEQA Guidelines, the City of Bakersfield has
conducted an environmental review of the proposed Panama Lane Shopping Center. A Notice of
Preparation (NOP) was released for public review in June 2005. In May 2007, the Draft
Environmental Report (EIR) was released. After receiving public comment on the Draft EIR, the
City prepared a document entitled Response to Comments on the Draft EIR (RTC). The RTC
document includes the verbatim comments received on the Draft EIR, a list of persons, entities, and
agencies providing comments, the City's responses to the significant environmental points raised in
the comment, review and consultation process, and the various written responses to the comments
prepared by the City's technical consultants and the City. These Findings are based upon the
information contained in the record of proceedings, including the Final EIR which includes the Draft
EIR and technical appendices in Chapter 1, the RTC in Chapter 2, and additional environmental
information in Chapter 3 as well as staff reports, the project applicant's materials, the Mitigation
Monitoring Program, the testimony presented at public hearings, and all of the materials set forth in
the Record of Proceedings, including Section 1.5, below.
CEQA provides that "public agencies should not approve projects as proposed if there are feasible
alternatives or feasible mitigation measures available which would substantially lessen the significant
environmental effects of such projects[.]" (Public Resources Code Section 21002 [emphasis added].)
The procedures required by CEQA "are intended to assist public agencies in systematically
identifying both the significant effects of proposed projects and the feasible alternatives or feasible
mitigation measures which will avoid or substantially lessen such significant effects." (Public
Resources Code Section 21002.)
CEQA provides that a public agency has an obligation to balance a variety of public objectives,
including economic, environmental, and social factors and in particular, the goals of providing
employment opportunities for highly trained workers, and providing a satisfying living environment
for every Californian. (Public Resources Code Section 21081; CEQA Guidelines, 14 CaL Code of
Regulations, Section 15021(d).) CEQA also provides that "in the event [that] specific economic,
social, or other conditions make infeasible such project alternatives or such mitigation measures,
individual projects may be approved in spite of one or more significant effects thereof." (Public
Michael Brandman Associates
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Introduction
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Resources Code Section 21002.) CEQA requires decision-makers to balance the benefits of a
proposed project against its significant unavoidable adverse environmental impacts, and, if the
benefits of a proposed project outweigh the significant unavoidable adverse environmental impacts,
the unavoidable adverse environmental impacts may be considered "acceptable" by adopting a
"Statement of Overriding Considerations." (CEQA Guidelines, 14 CaL Code of Regulations,
Section 15093.) The Statement of Overriding Considerations must set forth the project benefits or
reasons why the Lead Agency is in favor of approving the project and must weigh these benefits
against the project's adverse environmental impacts identified in the Final EIR that cannot be
mitigated to a less-than-significant level.
CEQA's mandates and principles are implemented, in part, through the requirement that agencies
adopt findings before approving projects for which EIRs are required. For each significant
environmental effect identified in an EIR for a proposed project, the approving agency must issue a
written finding reaching one or more of three conclusions: (1) that "[ c ]hanges or alterations have been
required in, or incorporated into, the project which avoid or substantially lessen the significant
environmental effect as identified in the final EIR," (2) "[s]uch changes or alterations are within the
responsibility and jurisdiction of another public agency and not the agency making the finding [and]
[s ]uch changes have been adopted by such other agency or can and should be adopted by such other
agency," or (3) "[s]pecific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the final EIR." (Public Resources Code Section 21081;
CEQA Guidelines, 14 California Code of Regulations Section 15091.) CEQA defines "feasible" to
mean "capable of being accomplished in a successful manner within a reasonable period of time,
taking into account economic, legal, environmental, social and technological factors." (Public
Resources Code Section 21061.1; CEQA Guidelines, 14 California Code of Regulations Section
15364.)
Because the Panama Lane Shopping Center Draft EIR identified significant effects that may occur as
a result of the project, and in accordance with the provisions of CEQA and the CEQA Guidelines, the
City Council of the City of Bakersfield hereby adopts these Findings, Findings of Fact and Statement
of Overriding Considerations. For each of the significant effects identified in Section 3, as set forth in
greater detail in these Findings below, the City Council makes the finding under Public Resources
Code Section 21081(a)(1) and/or (a)(2). For each ofthe significant effects identified in Section 4, as
set forth in greater detail in these Findings below, the City Council makes the finding under Public
Resources Code Section 21081(a)(3).
2
Michael Brandman Associates
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Introduction
In accordance with the provisions ofCEQA and the CEQA Guidelines, the City Council of the City
of Bakersfield has independently reviewed the record of proceedings and based on the evidence in the
Record of Proceedings adopts these Findings of Fact and Statement of Overriding Considerations.
1.2 - PROJECT DESCRIPTION
The 37.52-acre project site is located in the southern portion of the City of Bakersfield in Kern
County, California. The site is located north of Panama Lane, south of Maurice Avenue, and east of
State Route (SR). The site is accessible from Colony Street, which intersects Panama Lane. The site
is also accessible from Panama Lane. Colony Street is a local street and Panama Lane is a major east-
west arterial road. SR-99 provides regional access to the site with on- and off-ramps at Panama Lane.
1.3 - PROJECT COMPONENTS
The proposed project is the development of a retail commercial center, which includes 434,063 sq ft
on 37.52 acres. The project includes the development oftwo major buildings, Wal-Mart Supercenter,
identified on Exhibit 3-5 in Chapter 1 of the Final EIR as Major 1, and Lowe's Home Improvement
Warehouse, identified as Major 2, and two ancillary buildings: Building C that includes Office Depot
and associated in-line retail; and Building D that includes additional proposed commercial retail.
The proposed Wal-Mart Supercenter will encompass 245,905 sq ft of building area and will be
located in the northwest corner of the site, east of SR-99 and south of Maurice Avenue. Lowe's
encompasses 161,724 sq ft of building area and is located east of the proposed Wal-Mart Supercenter.
The project also includes an Office Depot and other retail uses, which include a Payless Shoes Store,
a GameStop store, and a Port of Subs, which will encompass 22,851 sq ft of building area, and will be
located on the southeast side ofthe site. Lastly, there is an additional 3,583 sq ft of commercial retail
uses that will be located in the southeastern portion of the site, south of the proposed Office Depot
and adjacent to Panama Lane. A 1.43-acre sump area would be located at the northeast corner of the
site, just north of the Lowe's. The project was proposed to be developed in one phase; however, as
previously noted, a portion of the project site has been constructed and is operational. Buildout ofthe
remaining proposed commercial uses (Wal-Mart Supercenter, Office Depot, and the remaining retail
sites) is proposed to be completed by 2008.
The project will require the approval of a general plan land use amendment, zone changes, tentative
and final subdivision map approvals, site plan review/final development plan approvals, and
landscape approvals. The project applicant proposes a General Plan Land Use Element Amendment
by changing the project site designation from LR (Low Density Residential) on 33.94 acres and OS-P
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Introduction
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
(Open Space-Park) on 3 acres to a GC (General Commercial) designation. There is currently 0.58
acre in the southeast portion of the site that has a general plan designation ofGC (General
Commercial). A concurrent zone change would be required to change 36.94 acres from a MH
(Mobile Home) zone and 0.58 acres from a C-2 (Regional Commercial) designation to a PCD
(Planned Commercial Development) zone. The PCD zone would provide for the implementation of
specific innovative site and architectural design guidelines for the proposed shopping center.
1.4 - PROJECT OBJECTIVES
The proposed project meets the following project objectives.
1. Provide a shopping center that meets the substantial and unmet retail and service demands of
the residents within the southern and southeast portion ofthe City.
2. Cluster commercial retail uses that provide goods and services near an interchange with SR-
99 to reduce traffic congestion and air emissions.
3. Provide new retail and commercial development that captures the economic demands
generated by the marketplace.
4. Accommodate new development that channels land uses in a phased, orderly manner and is
coordinated with the provision of infrastructure and public improvements.
5. Accommodate infill development to take advantage of existing infrastructure.
6. Recycle and intensify parcels of land which are underutilized.
7. Provide new development that will assist the City in obtaining fiscal balance in the years and
decades ahead by maximizing sales tax revenue.
8. Address community circulation, both vehicular and pedestrian, utilizing available capacity
within the existing circulation system, and provide fair-share system improvements to
deficient intersections or road segments.
9. Encourage excellence and creativity in the general plan and contribute to a community with a
specific sense of identity and a high quality of life.
10. Provide new retail and commercial development that maximizes employment in the southeast
portion of the City.
11. Facilitate a planned development consisting of a Wal-Mart Supercenter, Lowe's Home
Improvement Warehouse, Office Depot, and related inline tenants consistent with the market
objectives of the applicant and its tenants.
"
Michael Brandman Associates
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Introduction
1.5 - RECORD OF PROCEEDINGS
For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project
consists of the following documents and other evidence, at a minimum:
. The Notice of Preparation (NOP) and all other public notices issued by the City in conjunction
with the proposed project;
. The Final Enviromnental Impact Report for the proposed project (Final EIR) which consists of
the Draft EIR, the technical appendices, and the Response to Comments;
. The Draft EIR;
. All written comments submitted by agencies or members of the public during the public review
comment period on the Draft EIR;
. All responses to written comments submitted by agencies or members of the public during the
public review comment period on the Draft EIR;
. All written and verbal public testimony presented during a noticed public hearing for the
proposed project at which such testimony was taken;
. The Mitigation Monitoring and Reporting Program (MMRP);
. The documents, reports and technical memoranda included or referenced in the technical
appendices of the Final EIR;
. All documents, studies, EIRs, or other materials incorporated by reference in the Draft EIR and
Final EIR;
. The Ordinances and Resolutions adopted by the City in connection with the proposed project,
and all documents incorporated by reference therein;
. Matters of common knowledge to the City, including but not limited to federal, state and local
laws and regulations and policy documents;
. Written correspondence submitted to the City in connection with the project;
. All documents, City Staff Reports, City studies, and all written or oral testimony provided to
the City in connection with the project;
. Any documents expressly cited in these Findings;
. The City's General Plan, 2010 Consolidated Plan, Zoning Ordinance, and any applicable
Redevelopment Plans adopted by the Redevelopment Agency of the City and the City;
Michael Brandman Associates
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ORIGiNAl.
Introduction
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
. All public documents prepared by the San Joaquin Valley Air Pollution Control District
relating to the project and any and all testimony received by the San Joaquin Valley Air
Pollution Control District in connection with the project;
. All testimony and deliberations received or held in connection with the project;
. All documents contained within the previous Record of Proceedings prepared for the project
which served as the basis for trial court and Court of Appeal decisions in Bakersfield Citizens
for Local Control v. City of Bakersfield;
. Any other relevant materials required to be in the record of proceedings by Public Resources
Code Section 21167.6(e) (excluding privileged materials), including materials submitted to the
City by the applicant.
1.6 - CUSTODIAN AND LOCATION OF RECORDS
The documents and other materials which constitute the administrative record for the City's actions
related to the project are located at the City of Bakersfield Development Services Department -
Planning Division, located at 1715 Chester Avenue, Bakersfield, California 93301, Beale Library
located at 701 Truxtun Avenue, Bakersfield, California, 93301, Kern County Law Library, 1415
Truxtun Avenue, Bakersfield, California, 93301, and much of the documents that constitute the
record may be accessed on the City's website at www.bakersfieldcity.us. The City Planning
Department is the custodian of the record of proceedings for the project. Copies of these documents,
which constitute the record of proceedings, are and at all relevant times have been and will be
available upon request at the office of the Planning Department. This information is provided in
compliance with Public Resources Code Section 2l081.6(a)(2) and CEQA Guideline Section
1509l(e).
1.7 - ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION
The City prepared an Initial Study (IS) for the proposed project in June 2005. Based on that IS, the
City determined that the proposed project may have a significant effect on the environment and that
an EIR should be prepared to analyze the potential impacts associated with approval and
implementation of the proposed project.
On June 29,2005 in accordance with Section 15082 of the Guidelines, the City distributed a Notice of
Preparation (NOP) of an Environmental Impact Report to the State Clearinghouse, local and regional
responsible agencies and other interested parties. The City held an advertised, public scoping
meeting on the NOP on August 18, 2005 to provide (i) information regarding the proposed project
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ORIGINAl.
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"idlng Considerations
Introduction
and (ii) an opportunity for public input regarding project issues that should be addressed in the Draft
EIR. This scoping meeting resulted in a decision to analyze additional environmental factors and to
expand the scope of the environmental review of the project.
A total of eight agencies and other interested parties responded to the NOP. A copy of the IS, NOP,
and the responses received during the 30-day public review period, are contained in Appendix A-3,
Notice of Preparation and Initial Study Responses, of the Draft EIR.
Over the course of a two-year period, the Draft EIR for the proposed project was then prepared and
circulated for review and comment by the public, agencies and organizations for a 45-day public
review period that began on May 2, 2007 and ended on July 2, 2007. The public comment period
exceeded the minimum 45-day review period identified in CEQA Guideline Section 15105. A Notice
of Completion of the Draft EIR was sent to the State Clearinghouse and the Draft EIR was circulated
to State agencies for review through the State Clearinghouse, Office of Planning and Research (SCR.
No. 2005061168). A notice of availability of the Draft EIR for review was mailed to approximately
121 residents within a 300 ft radius ofthe project site and to interested parties who had requested
notification regarding project EIR issues. During the public review period, 40 comment letters on the
Draft EIR were received. An additional comment letter was received after the close of the public
review period. All of the comments received on the Draft EIR were responded to in writing in the
Response to Comments (RTC) which is a component (Chapter 2) of the Final EIR. Furthermore,
after the preparation of the RTC additional public comments in seven letter and e-mail
correspondence were received and were reviewed and addressed in Chapter 3 of the Final EIR.
There have been numerous opportunities for public review and comment concerning the proposed
project and the environmental documents prepared for it, including the public forums set forth below:
. San Joaquin Valley Air Pollution Control District Meetings
. City of Bakersfield Planning Commission Meetings
. City of Bakersfield City Council Meetings
The Draft EIR was made available for public inspection on the City's web site, the City of
Bakersfield Planning Services Department, located at 1715 Chester Avenue, Bakersfield, California,
93301, Beale Library, located at 701 Truxtun Avenue, Bakersfield, California, 93301, and the Kern
County Law Library, 1415 Truxtun Avenue, Bakersfield, California, 93301 during the public review
period.
Michael Brandman Associates
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Introduction
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
1.8 - GENERAL FINDINGS
The City hereby finds as follows:
. The City is the "Lead Agency" for the proposed project evaluated in the Final EIR;
. The Draft EIR and the Final EIR were prepared in compliance with CEQA and the Guidelines;
. The City has independently reviewed and analyzed the Draft EIR and the Final EIR, and these
documents reflect the independent judgment of the Council/Agency;
. A MMRP has been prepared requiring mitigation measures and/or the changes to the proposed
project, which the City has adopted and made a condition of approval of the proposed project.
The MMRP is incorporated herein by reference and is considered part of the record of
proceedings for the proposed project;
. The MMRP designates responsibility and anticipated timing for the implementation of
mitigation; the City will serve as the MMRP Coordinator;
. In determining whether the proposed project has a significant impact on the environment, and
in adopting these Findings pursuant to Section 21081 ofCEQA, the City has complied with
CEQA Sections 21081.5 and 21082.2;
. The impacts of the proposed project have fully been analyzed to the extent feasible at the time
of certification of the Final EIR;
. The City reviewed the comments received on the Draft EIR, and the responses thereto and has
determined that neither the comments received nor the responses to such comments add
significant new information regarding environmental impacts to the Draft EIR. The City has
based its actions on full appraisal of all viewpoints, including all comments received up to the
date of adoption of these Findings, concerning the environmental impacts identified and
analyzed in the Final EIR;
. The responses to the comments on the Draft EIR which are contained in the Final EIR, clarify
and amplify the analysis in the Draft EIR;
. Having reviewed the information contained in the Draft EIR, Final EIR and the record of
proceedings, as well as the requirements of CEQA and the Guidelines regarding recirculation
of Draft EIRs, and having analyzed the changes in the Draft EIR which have occurred since the
close of their respective public review periods, the City fmds that there is no new significant
information in the Final EIR and finds that recirculation is not required;
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ORIGINAL
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'d'ng Considerations
Introduction
. The City has made no decisions that constitute an irretrievable commitment of resources
toward the proposed project prior to certification on the Final EIR, nor has the City previously
committed to a definite course of action with respect to the proposed project;
. The City has independently analyzed the project and the EIR prepared for the project, and has
independently considered the imposition of mitigation measures and all other matters related
thereto, giving no weight to the fact that portions of the project have been partially constructed;
. The City finds, for those reasons set forth in the Final EIR and numerous City Staff Reports,
that the Final EIR complies with and responds to all of the issues raised by and directed to be
addressed by the California Court of Appeal, Fifth District, in its decision entitled Bakersfield
Citizens for Local Control v. City of Bakersfield, Case No F045035;
. Copies of all the documents incorporated by reference in the Final EIR are and have been
available upon request at all times at the offices ofthe City, custodian or record for such
documents or other materials.
Having received, reviewed, and considered all information and documents in the record, the City
hereby conditions the proposed project as set forth in the Conditions of Approval and Mitigation
Monitoring Program and finds as stated in these Findings of Fact and Statement of Overriding
Considerations.
Michael Brandman Associates
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"iding Considerations
Adverse Project-5pecitfc and Cumulative Impact
Which Can Be Mitigated to a Level of Insignltfcance
SECTION 2:
ADVERSE PROJECT-SPECIFIC AND CUMULATIVE IMPACTS WHICH CAN BE
MITIGATED TO A LEVEL OF INSIGNIFICANCE
The Final EIR identified significant project-specific and cumulative adverse impacts of the proposed
project and proposed mitigation measures to avoid or substantially lessen those impacts. Those
impacts and mitigation measures are identified in the following sections. The Bakersfield City
Council finds, based on the facts set forth in the record, which include but are not limited to the facts
as set forth below, that the incorporation of the identified mitigation measures will mitigate the
following identified significant project-specific and cumulative adverse impacts to a level that is
considered less than significant.
2.1 - AESTHETICS
Impact 5.2.0
The proposed project would create a new source of substantial light or glare which
would adversely affect day or nighttime views in the area.
2.1.1 - Project-Specific
2.1.1.1 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific significant light/glare impact to residences east
of the project site.
A photometric analysis was prepared based on the current proposed lighting plan. The lighting plan
includes the proposed luminaries throughout the project site. The proposed lighting plan includes 35-
foot high luminaries within the parking lot, including one 35-foot luminary that would be located
adjacent to the eastern perimeter boundary, within 50 feet of an existing residential property. The
adjacent residential areas on the east side ofthe project site would experience footcandle levels that
range from 0.0 footcandles to 0.9 footcandles at 25 feet from the proposed 8-foot high walls. Only
one residence (2013 Raymond A Spruance Court) east of the project site would experience a
footcandle level of greater than 0.5 footcandle at 25 feet (i.e. 0.9 footcandle) within the residential
property. The two 35-foot high luminaries do not have proposed shields; therefore, significant light
and glare impacts could be experienced by the residence east of the project site. It should be noted
that CEQA is generally concerned about the effects of a project on the environment in general, not the
project's effect on particular individuals. Despite the fact that light and glare impacts identified in the
Final EIR effect only a few residences, the Final EIR has nevertheless deemed this impact to be a
potentially significant impact on the environment and has imposed feasible mitigation measures.
Michael Brandman Associates
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Adverse Project-Speclfic and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(I), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant project-specific environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
5.2.0.1
Prior to the issuance of a building permit, the two 35-foot high luminaries proposed along
the southeastern perimeter of the project site shall be modified by including a Type ill
optical system (i.e. modify the reflector inside the fixture) and a side shield visor shall be
installed per manufacturers recommendations.
The addition of the side shield visor will reduce potential glare to the residence to less than
significant. The implementation of the above mitigation measure will reduce light spill on the
adjacent residential properties east of the project site to 0.5 footcandle at 25 feet which is considered
less than significant. Mitigation Measure 5.2.D.1 will reduce the direct impacts to less than
significant.
References: Pages 5.2-36 through 5.2-39 in Chapter 1 of the Final EIR and any documents
referenced in or incorporated by reference in the Section 5.2, Aesthetics, in Chapter 1 of the Final
EIR.
2.1.2 - Cumulative
2.1.2.1 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant light/glare impact to the project vicinity.
Development of cumulative projects in the project vicinity would increase light and glare in the
project vicinity. While currently, no cumulative development is proposed in the immediate vicinity
of the project site, since the project will result in an increase to light and glare in the project area, the
project is considered to contribute to significant cumulative light and glare impacts.
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Be MItigated to a Level of Insignificance
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(I), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant cumulative environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
Implementation of Mitigation Measure 5.2.0.1 identified above for project-specific impact, is
required.
The addition of the side shield visor will reduce the project's potential contribution to a cumulative
glare impact to the residence to less cumulatively significant. The implementation of the above
mitigation measure will reduce light spill on the adjacent residential properties east ofthe project site
to 0.5 footcandle at 25 feet which is considered less than significant.
References: Pages 5.2-36 through 5.2-39 in Chapter 1 of the Final EIR and any documents
referenced in or incorporated by reference in the Section 5.2, Aesthetics, in Chapter 1 of the Final
EIR.
2.2 - BIOLOGICAL RESOURCES
Impact 5.3.A
The proposed project has a potential to result In a substantial adverse effect, either
directly or through habitat modifications, on any species identified as a candidate,
sensitive, or special status species In local or regional plans, policies, or
regulations, or by the California Department of Fish and Game or U.S. Fish and
Wildlife Service.
2.2.1 - Project-Specific
2.2.1.1 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific significant impact on the federal endangered
and California State threatened San Joaquin kit fox..
Old and active San Joaquin kit fox dens occur on the project site, and one adult and two juveniles of
this species were observed on the project site during reconnaissance-level surveys in 2002. More
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Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
recently, an active kit fox den was identified in the partially constructed Wal-Mart Supercenter, which
occurred in part due to vandals who had stripped plywood off the entrances to the Supercenter
thereby allowing kit foxes to re-enter the site. Construction activities associated with the project may
result in direct impacts to this species.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(I), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant project-specific environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
5.3.A.2
The MBHCP and the Standardized Recommendations for Protection of the San Joaquin
Kit Fox (1989) require specified take avoidance measures for the San Joaquin kit fox. In
addition, the MBHCP encourages the relocation of known kit foxes prior to development,
if practical. To this end, the following pre-construction and construction mitigation
measures shall be required as conditions of approval:
Pre-Construction Mitigation Measures - Relocation
5.3.A.2(a): No later than sixty days (60) days prior to any ground disturbing activities or
grading, a pre-construction survey shall be completed by a qualified biologist to
determine the continued presence or absence of kit foxes on site. A second survey shall
be conducted no more than thirty (30) days prior to the onset of construction or ground
disturbing activities. If kit foxes are deemed to be present on site, USFWS shall be
immediately contacted telephonically and in writing and circular exclusion zones shall be
established around the kit fox dens following consultation with USFWS and consistent
with the requirements contained within the USFWS' the Standardized Recommendations
for Protection ofthe San Joaquin Kit Fox (1989).
5.3.A.2(b): No later than forty five (45) days prior to any ground disturbing activities or
grading, the developer shall contact a qualified biologist holding proper permits and/or
agreements pursuant to Section 4.7.5 of the MBHCP Implementation Agreement and
provide approval to that biologist to relocate known kit foxes located on site to relocation
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ORIGINAL
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CEQA Findings of Fact and
Statement of Ove"iding Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
preserves approved by USFWS or qualified Habitat Management Lands covered by the
MBHCP.
5.3.A.2(c): No later than forty five (45) days prior to any ground disturbing activities or
grading, the developer shall contact the ESRP at Stanislaus State University, and shall
authorize a qualified biologist working for the ESRP to radio-telemetry collar any known
kit foxes located on site, to the extent feasible, to gather data for use in connection with
ESRP ecological research programs.
5.3.A.2(d): No later than fourteen (14) days prior to any ground disturbing activities or
grading, all known dens shall be monitored for at least three (3) consecutive days to
ensure that dens are unoccupied prior to den excavation.
5.3.A.2( e): No later than five (5) business days prior to the initiation of any ground
disturbing activities or grading (Grading Start Date), developer shall notify the Regional
Offices of CDFG and USFWS in writing of its intent to destroy unoccupied dens and
initiate grading. At this time, Developer shall again authorize qualified representatives of
CDFG and USFWS to attempt to relocate known kit foxes, to the extent feasible. If
CDFG and USFWS are unable to relocate known kit foxes by the Grading Start Date,
Developer shall be required to eliminate known kit fox dens in the manner set forth
below:
Pre-Construction Mitigation Measures - Den Destruction
5.3.A.2(f): Pursuant to Section 4.7.4 and Exhibit K of the MBHCP, and consistent with
the USFWS' the Standardized Recommendations for Protection of the San Joaquin Kit
Fox (1989), known kit fox dens located on the project site shall be excavated and
destroyed under the direct supervision of a qualified biologist. Prior to the destruction of
dens, the dens shall be monitored for at least three (3) consecutive days to determine
whether the den is active or dormant. Activity at the den can be monitored by placing
tracking medium at den entrances and by spot lighting. If no den activity is observed
during this period, the den should be destroyed immediately pursuant to the den
destruction procedures set forth below.
5.3.A.2(g): Destruction of dens shall be accomplished by careful excavation with hand
tools until it is certain that no kit foxes are inside. The den shall be fully excavated and
back filled with dirt and compacted to ensure that kit foxes cannot reenter or use the den
during the construction period.
Michael Brandman Associates
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Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Inslgn1f1cance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
5.3.A.2(h): If a kit fox is found inadvertently inside a den during excavation, the animal
shall be allowed to escape unhindered, or, to the extent feasible, representatives from the
ESRP and/or CDFG or USFWS shall be contacted to attempt to relocate and/or collar the
kit fox pursuant to the MBHCP and/or applicable ESRP protocol.
Construction Mitigation Measures
5.3.A.2(i): To prevent inadvertent entrapment of kit foxes during the construction phase
of the proj ect, all excavated, steep walled holes or trenches more than two feet deep shall
be covered at the close of each working day by plywood or similar materials or provided
with one or more escape ramps constructed of earth fill or wooden planks. Each
excavation shall contain at least one ramp, with long trenches at least one ramp shall be
placed every .25 mile. Slope of ramps shall be no steeper than 1: 1. Before such holes or
trenches are filled, they shall be fully inspected for trapped kit foxes. If at any time a
trapped or injured kit fox is discovered, representatives from ESRP and/or CDFG or
USFWS shall be contacted immediately to attempt to relocate and/or collar the kit fox
pursuant to the MBHCP and/or applicable ESRP protocol. Escape ramps shall also be
installed immediately to allow trapped animals to escape.
5.3.A.2(j): All pipes, culverts, or similar structures with a diameter of 4" or greater shall
be kept capped or otherwise covered to prevent injury of kit foxes. If such pipes, culverts
or similar structures are not capped or otherwise covered, they shall be inspected daily
prior to burial or closure to prevent entrapment of kit fox or other sensitive species.
5.3 .A.2(k): All food, garbage in plastic shall be disposed of in closed containers and
regularly removed from the site to minimize attracting kit foxes and other sensitive
species to the site.
5.3.A.2(l): No dogs, cats, or other animals shall be permitted on the project site.
5.3.A.2(m): If rodent control is deemed necessary during construction, a zinc phosphide
based rodenticide shall be used.
5.3.A.2(n): Developer shall provide a sensitive species identification and avoidance
education program for all construction employees that consists of a consultation in which
persons knowledgeable in kit fox biology and legislative protection to explain
endangered species protocols, habitat needs and the measures and conditions of approval
being taken to reduce impacts to the species during project construction and
implementation. A fact sheet conveying this information shall be prepared for
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CEQA Findings of Fact and
Statement of Ove"ldlng Considerations
Adverse Project-5peclRc and Cumulative Impact
Which Can Be Mitigated to a Level of InslgnIRcance
distribution to all contractors, their employees, and any and all other personnel who are
working on the construction site.
5.3.A.2(0): Night time construction shall be prohibited. In addition, all construction
vehicles shall observe a 20 mph speed limit on the project site and developer shall create
established staging, parking and storage areas to ensure the prevention of accidental
direct impacts and takes of kit foxes.
Implementation of Mitigation Measures 5.3.A.2 would provide for incidental take of species covered
under the MBHCP for which suitable habitat is present on the project site, such as San Joaquin kit
fox, and reduce this potential take impact to less than significant. This mitigation measure is
consistent with the policies contained in the MBHCP and the USFWS' Standard Recommendations
for the Protection of the San Joaquin Kit Fox (1989), which pre-dates the adoption of the MBHCP.
This mitigation measures is consistent with those proposed and recommended by Paul Pruett and
Associates in various biota and other reports prepared by Paul Pruett and Associates and with those
contained in the subsequent Biological Resource Assessment Letter Report prepared by Michael
Brandman Associates. The implementation of this mitigation measures ensures that San Joaquin kit
foxes will not be taken through implementation ofthe proposed project.
References: Pages 5.6-26 through 5.6-33 in Chapter 1 of the Final EIR and any documents
referenced in or incorporated by reference in Section 5.3, Biological Resources, in Chapter 1 of the
Final EIR; subsequent letter prepared by Michael Brandman Associates dated November 6, 2007 and
located in Chapter 3 of the Final EIR; any and all correspondence between Michael Brandman
Associates and/or the City and USFWS, CDFG and/or ESRP; and Response to Comments W-l and
W-2 in Chapter 2 of the Final EIR.
2.2.1.2 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific significant impact on the habitat for the federal
endangered and California State threatened San Joaquin kit fox.
Old and active San Joaquin kit fox dens occur on the project site, and one adult and two juveniles of
this species were observed on the project site during reconnaissance-level surveys in 2002. More
recently, an active kit fox den was identified in the partially constructed Wal-Mart Supercenter, which
occurred in part due to vandals who had stripped plywood off the entrances to the Supercenter
thereby allowing kit foxes to re-enter the site. Construction activities associated with the project may
result in the loss of occupied habitat for the San Joaquin kit fox species.
Michael Brandman Associates
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Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"ldlng Considerations
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The project-specific significant environmental effect has been eliminated or substantially lessened to
a level that is less than significant by virtue of the following mitigation measure as identified in the
Final EIR and incorporated into the project.
5.3.A. 1
Prior to the issuance of an Urban Development grading pennit, the project applicant shall
pay a Habitat Mitigation Fee in accordance with Section 15.78.030 of the City of
Bakersfield Municipal Code.
The MBHCP established programmatic habitat mitigation through the establishment of a Habitat
Mitigation Fee. The MBHCP was expressly designed to mitigate impacts resulting from loss of
habitat incurred through authorized development activity. Habitat Mitigation Fees are collected by
the applicable local lead agency and are used for the acquisition, preservation, and protection of
habitats for endangered species covered by the MBCHP, such as open grassland for the San Joaquin
kit fox. Land that is acquired by MBHCP Habitat Mitigation Fees would also indirectly provide
preservation and protection of habitats for common and special-status plant and wildlife species not
covered under the MBHCP, an additional benefit of regional habitat conservation plans such as the
MBHCP. The MBHCP has a very pronounced and successful track record of implementing the
acquisition strategies set forth in the MBHCP. Since the approval of the MBHCP in late 1994, the
Implementation Trust has acquired, using the proceeds of the Habitat Mitigation Fees collected,
approximately 13,973 acres of endangered species habitat in accordance with the acquisition
strategies contained in the MBHCP. The vast majority of the acreages already acquired by the Trust
include thousands of acres of habitat suitable for the San Joaquin kit fox and many other common and
special-status species which share similar habitat requirements. Based on the acquisition strategies
contained in the MBHCP, future acreage acquisitions will also include hundreds and thousands of
acres suitable for kit fox and other species as well. Implementation of Mitigation Measure 5.3 .A.l
would reduce the impact to San Joaquin kit fox habitat to less than significant.
References: Pages 5.326 through 5.3-33 in Chapter 1 of the Final EIR and any documents referenced
in or incorporated by reference in Section 5.3, Biological Resources, in Chapter 1 of the Final EIR;
18
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
any and all correspondence between Michael Brandman Associates and/or the City and USFWS.
CDFG, and/or ESRP.
2.2.1.3 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific significant impact on the California State
Species of Special Concern, the burrowing owl.
A single individual burrowing owl was observed on the project site during one reconnaissance-level
survey. As set forth in the Final Ern.. this single owl was likely simply resting on site and no other
owls or occupied owl burrows have ever been located on the Project site. However. construction
activities associated with the project may result in direct impacts to this species to the extent there is a
possibility (albeit extremely slight) that an owl could locate itself on site prior to construction.
Potential impacts to the burrowing owl are therefore considered significant.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1). changes or alterations have been required in. or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant project-specific environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
5.3.A.3
Pre-construction surveys shall include a survey for burrowing owl and raptor nests. A
pre-construction survey shall be conducted by a qualified biologist and shall be
conducted no later than thirty (30) days prior to any grading or ground disturbing
activities. Additional clearance surveys conducted by a qualified biologist shall be again
undertaken within fourteen (14) days of initial ground disturbance or grading to ensure
that no owls have re-entered the site. Construction or operational activities associated
with project features that occur within portions of the project site containing occupied
and/or suitable habitat for the burrowing owl and raptor nests shall be restricted to
periods outside the breeding season for this species. The breeding season for burrowing
owls runs from February 1 through August 31.
If construction or operational activities occur during the breeding season for burrowing
owls. surveys are required prior to such construction to determine the presence/absence
Michael Brandman Associates
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ORIGINAl
Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
of this species within the impact area. Focused surveys shall be conducted under CDFG
and Burrowing Owl Consortium protocol by a qualified biologist from February 1 to
August 31. If this species is determined to occupy any portion of the project site,
consultation with the CDFG and USFWS is required and no construction activity shall
take place within 500 feet of an active nest/burrow until it has been determined that the
nest/burrow is no longer active, and all juveniles have fledged the nest/burrow. No
disturbance to active burrows shall occur without appropriate permitting through the
MBTA and/or CDFG.
If active burrowing owl burrows are detected outside the breeding season (September
through January), passive relocation may be approved following consultation with the
CDFG and USFWS. If needed, the installation of one-way doors shall be installed as part
of a passive relocation program. Burrowing owl burrows shall be excavated with hand
tools by a qualified biologist when determined to be unoccupied, and backfilled to ensure
that animals do not reenter the holes/dens.
5.3.A.4
The discovery of any previously unidentified protected species that are not covered under
the MBHCP, including those protected under the MBTA and the Fish and Game Code,
shall be avoided and evaluated by a qualified biologist during surveys. The USFWS and
CDFG shall be notified of the presence of any previously unreported protected species.
Any unanticipated take of protected wildlife shall be reported immediately to the USFWS
and CDFG.
Implementation of Mitigation Measures 5.3.A.3 and 5.3.A.4 will mitigate impacts to the burrowing
owl to less than significant. Implementation of these mitigation measures ensures that no owl will be
taken in violation of the MBT A and Fish & Game Code. It should be noted that these Mitigation
Measures are consistent with the 1995 CDFG Standardized Mitigation Measures to protect owls from
takes construction, and are applied to projects throughout the State pursuant to CDFG protocoL
CDFG has been consulted and has concurred with the Final BIR's analysis and conclusions as they
pertain to burrowing owls.
References: Pages 5.3-27 through 5.3-28; 5.3-31 through 5.3-35 in Chapter 1 of the Final EIR and
any documents referenced in or incorporated by reference in Section 5.3, Biological Resources, in
Chapter 1 of the Final EIR; Subsequent memorandum prepared by Michael Brandman Associates
dated November 6, 2007 and located in Chapter 3 of the Final EIR, and Response to Comments W-l
and W-2 in Chapter 2 ofthe Final EIR.
20
Michael Brandman Associates
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ORIGINAL
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Be MItigated to a Level of Insignificance
2.2.2 - Cumulative
2.2.2.1 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant impact on the federal endangered and
California State threatened San Joaquin kit fox.
Implementation of the proposed project, in conjunction with future development associated with the
Metropolitan Bakersfield General Plan build-out, would contribute to a potential significant to for San
Joaquin kit fox. The project's impacts to San Joaquin kit fox are considered cumulatively
considerable and therefore significant.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(I), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant cumulative environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
Implementation of Mitigation Measure 53.A.2 identified above for the project-specific impact, is
required.
Implementation of Mitigation Measure 53.A.2 will reduce cumulative impacts to the San Joaquin kit
fox to less than significant. The MBHCP has been designed as a specific mitigation measure to
reduce direct and cumulative impacts to species covered by the terms of the MBHCP. These
measures insure that necessary precautionary action is taken prior to development so that no take of
any individual kit fox and no cumulative impact to the kit fox results from any project subject to the
terms of the MBHCP.
References: Pages 5.3-26 through 5.3-33 in Chapter I of the Final EIR and any documents
referenced in or incorporated by reference in Section 5.3, Biological Resources, in Chapter I of the
Michael Brandman Associates dated November 6, 2007 and located in Chapter 3 of the Final EIR and
Response to Comments W -I and W -2 in Chapter 2 of the Final EIR.
Michael Brandman Associates
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Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
2.2.2.2 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant impact on the habitat for the federal
endangered and California State threatened San Joaquin kit fox.
Implementation of the proposed project, in conjunction with future development associated with the
Metropolitan Bakersfield General Plan build-out, would contribute to a potential significant
cumulative loss of habitat for the San Joaquin kit fox, including occupied dens for San Joaquin kit
fox. The project's impacts to San Joaquin kit fox are considered cumulatively considerable and
therefore significant.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant cumulative environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
Implementation of Mitigation Measure 5.3.A.l identified above for the project-specific impact, is
required.
Implementation of Mitigation Measures 5.3.A.l will reduce cumulative impacts to the San Joaquin kit
habitat to less than significant. The MBHCP accomplishes this through the collection of Habitat
Mitigation Fees used for the acquisition, preservation, and protection of habitat for species covered by
the terms of the MBHCP, such as open grassland and sparse scrub habitat for San Joaquin kit fox.
Acquisition of open grassland or sparse scrub habitat, or similar habitat defined by the resource
agencies as required habitat for San Joaquin kit fox, would mitigate in full for the loss of the habitat
which occupies the project site. With the payment of the MBHCP Habitat Mitigation Fees, the loss
of San Joaquin kit fox habitat on the project site would be reduced to less than cumulatively
considerable and would be less than significant.
22
Michael Brandman Associates
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CEQA Findings of Fact and
Statement of Ove"ldlng Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
References: Pages 5.3-22 through 5.3-24; 5.3-26 through 5.3-35; and 5.3-55 through 5.3-58 in
Chapter I of the Final EIR and Response to Comments W-I and W-2, and any documents referenced
in or incorporated by reference in Section 5.3, Biological Resources in Chapter I of the Final EIR.
2.2.2.3 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant impact on the California State Species of
Special Concern, the burrowing owl.
Implementation ofthe proposed project, in conjunction with future development associated with the
Metropolitan Bakersfield General Plan build-out, would contribute to a potential significant to the
burrowing owl. The project's impacts to the burrowing owl are considered cumulatively considerable
and therefore significant.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant cumulative environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
Implementation of Mitigation Measures 5.3.A.3 and 5.3.A.4 identified for the project-specific impact,
is required.
Implementation of Mitigation Measures 5.3.A.3 and 5.3.A.4 will mitigate cumulative impacts to the
burrowing owl to less than significant. Implementation of these mitigation measures ensures that no
owl will be taken in violation ofthe MBT A and Fish & Game Code.
Pages 5.3-28; 5.3-31 through 5.3-32; 5.3-34 through 5.3-35 in Chapter I of the Final EIR and any
documents referenced in or incorporated by reference in Section 5.3, Biological Resources, in
Chapter I of the Final EIR; Subsequent memorandum prepared by Michael Brandman Associates
dated November 6, 2007 and located in Chapter 3 of the Final EIR, and Response to Comments W-I
and W -2 in Chapter 2 of the Final EIR.
Michael Brandman Associates
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Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
2.3 - CULTURAL RESOURCES
Impact 5.4.A
The project may potentially cause a substantial adverse change In the significance
of an archaeological resource.
2.3.1 - Project-Specific
2.3.1.1 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific significant impact to unknown archaeological
resources.
The archaeological investigation yielded no evidence of archaeological resources. Based on the
previous archaeological resource survey completed and the literature review conducted, it is highly
unlikely that archaeological resources exist on the project site. However, it is possible for unknown
archaeological resources to be located on the project site. Therefore, without mitigation,
implementation of the proposed project could possibly result in significant impacts on unknown
archaeological resources.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant project-specific environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
5.4.A. 1
Prior to the commencement of any ground disturbing activities, all earth-moving and
excavation contractor employees and an authorized representative of a local California
Native American Tribe representative shall attend a meeting on the project site informing
them of the potential for inadvertently discovered cultural resources and/or human
remains and protection measures to be followed to prevent destruction of any and all
cultural resources discovered on site. The project applicant and the City of Bakersfield
Planning staff shall meet with representatives who have provided input during the
environmental process (Le., Ron Wermuth who represents the Tubutatulabal, Kawailsu,
Koso, and Yokuts tribes and also the Chumash Council of Bakersfield). The purpose of
the meeting is to determine who could represent the Native American interest and
24
Michael Brandman Associates
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CEQA Findings of Fact and
Statement of Overriding Considerations
Adverse Project-Specitic and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
provide monitoring. If more than one Native American monitor is identified, the selected
Native American monitors will all attend the pre-construction meeting. The orientation
shall be conducted by the Project Archeologist and shall include information regarding
the potential for objects to occur on site, a summary of applicable environmental law,
procedures to follow if potential cultural resources are found, and measures to be taken if
cultural resources are found and the measures to be taken if cultural resources and/or
human remains are unearthed as part of the project. The Project Archaeologist shall
prepare and provide a summary report to the Project Construction Manager who shall
maintain the summary report on file. The report shall include the following:
1) When and where the session took place
2) Topics discussed in the session
3) A session attendance roster signed by employees attending the tailgate session
4) Provide a copy to City Planning
5) Provide a copy to Southern San Joaquin Valley Information Center
During grading activities, a qualified archaeological monitor or his representative shall
monitor earth-moving activities on the project site. Once the qualified archaeologist
determines that monitoring is no longer necessary, monitoring activities can be
discontinued. If archaeological resources are uncovered or discovered during
construction activities, no further excavation or disturbance of the area where the
resources were found shall occur until a qualified archaeologist, with consultation from a
local Native American monitor evaluates the find. The local Native American monitor or
monitors who attended the pre-construction meeting will be consulted. If the find is
determined to be a unique archaeological resource, the project applicant shall, within
forty-eight hours of notification, provide five percent of one half of 1 percent of the
projected cost of the project to the City to ascertain the appropriate mitigation measures
as required by Public Resources Code Section 21083.2(b), (c) and (d). Appropriate
mitigation shall include planning construction to avoid archaeological sites, capping or
covering archaeological sites with a layer of soil before building on the affected site, or
excavation to adequately recover the scientifically consequential information from and
about the resource. If the mitigation costs exceed the initial deposit by the developer, an
amount no greater than one-half of one percent of the proj ect costs shall be paid by
developer to City to implement the mitigation treatment plan. Any payments made by
developer that exceed the actual costs ofthe mitigation treatment plan shall be
reimbursed to the developer. Work may continue on other parts of the proj ect site while
the unique archaeological resource mitigation takes place. The contingency funding
Michael Brandman Associates
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Adverse Project-5peclfic and Cumulative Impact
Which Can Be MItigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
contained in this Mitigation Measure 5.4.A.l is inclusive, and not cumulative of the
contingency funding contained in Mitigation Measures 5.4.B.I and 5.4.C.1.
If the qualified archaeologist determines that the find is a unique archaeological resource,
the resource site shall be evaluated and recorded in accordance with requirements of the
State Office of Historic Preservation (OlIP). Prior to disposition of recovered artifacts,
consultation with culturally affiliated Native Americans shall occur. The Native
Americans that will be consulted will be those who attended the pre-construction
meeting. If the site is determined to be significant, an adequate amount of data at the
specific site shall be collected by the qualified archaeologist and the findings of the report
shall be submitted to the City and the San Joaquin Valley Information center. If the site
is determined to be not significant, the site need not be mitigated for as described above.
The project site is heavily disturbed from previous activities, including plowing, grading, and
irrigation. Archeological investigations, including site surveys and literature reviews yielded no
evidence of archeological resources. However, as noted above, there is always the potential for
unknown resources to be unearthed. Mitigation Measure 5.4.A.l requires compliance with Public
Resources Code Section 21083.2(b), (c) and (d) and evaluations of any fmds by the OlIP.
Compliance with these regulations is considered full mitigation for direct impacts associated with the
potential unearthing of previously unknown archeological resources. In addition, the developer did
not discover any archeological resources when previous grading and construction was done in 2003.
References: Pages 5.4-9 through 5.4-11; 5.4-17 through 5.4-18 in Chapter 1 ofthe Final EIR,
Response to Comments C-l, H-l, and 1-4, and any documents referenced in or incorporated by
reference in Section 5.4, Cultural Resources, in Chapter 1 ofthe Final EIR.
2.3.2 - Cumulative
2.3.2.1 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant impact to unknown archaeological
resources.
As noted above, it is unlikely that there are any archeological resources on the site; however, in the
event that unknown archeological impacts are discovered, the proposed project could contribute to a
potentially significant cumulative impact.
26
Michael Brandman Associates
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(I), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant cumulative effect has been eliminated or substantially lessened to a level
that is less than significant by virtue of the following mitigation measure as identified in the Final EIR
and incorporated into the proj ect.
Implementation of Mitigation Measure 5.4.A.! identified above for the project-specific impact is
required.
A noted above, there is always the potential for unknown resources to be unearthed. Mitigation
Measure 5.4.A.! requires compliance with Public Resources Code Section 21083.2(b), (c) and (d) and
the evaluation of any fmds by the OHP. Compliance with these regulations is considered full
mitigation for cumulative impacts associated with the potential unearthing of previously unknown
archeological resources.
References: Pages 5.4-9 through 5.4-11; 5.4-17 through 5.4-18 in Chapter 1 of the Final EIR,
Response to Comments C-l, H-l, and 1-4, and any documents referenced in or incorporated by
reference in Section 5.4, Cultural Resources, in Chapter 1 ofthe Final EIR.
Impact 5.4.8
The project could potentially cause a substantial adverse change in the signiflcance
of a historical resource.
2.3.3 - Project-Specific
2.3.3.1 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific significant impact to unknown historical
resources.
Based on the record search and field surveys conducted on the project site, no known historical
resources are located on the project site. However, it is possible, but unlikely, for unknown historical
resources to be located on the project site. Therefore, implementation of the proposed project could
result in significant impacts on unknown historical resources.
Michael Brandman Associates
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Adverse Project-Specific and Cumulative Impact
WhIch Can Be MItigated to a Level of InsIgnIficance
Panama Lane Shopping Center
CEQA FindIngs of Fact and
Statement of Overriding Considerations
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(I), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant project-specific effect has been eliminated or substantially lessened to a
level that is less than significant by virtue of the following mitigation measure as identified in the
Final EIR and incorporated into the project.
5.4.8.1
Prior to the commencement of any ground disturbing activities, all earth-moving and
excavation contractor employees and an authorized representative of a local California
Native American Tribe representative shall attend a meeting on the project site informing
them of the potential for inadvertently discovered cultural resources and/or human
remains and protection measures to be followed to prevent destruction of any and all
cultural resources discovered on site. The project applicant and the City of Bakersfield
Planning staff shall meet with representatives who have provided input during the
environmental process (Le., Ron Wermuth who represents the Tubutatulabal, Kawailsu,
Koso, and Yokuts tribes and also the Chumash Council of Bakersfield). The purpose of
the meeting is to determine who could represent the Native American interest and
provide monitoring. If more than one Native American monitor is identified, the selected
Native American monitors will all attend the pre-construction meeting. The orientation
shall be conducted by the Project Archeologist and shall include information regarding
the potential for objects to occur on site, a summary of applicable environmental law,
procedures to follow if potential cultural resources are found, and measures to be taken if
cultural resources are found and the measures to be taken if cultural resources and/or
human remains are unearthed as part of the project. The Project Archaeologist shall
prepare and provide a summary report to the Project Construction Manager who shall
maintain the summary report on file. The report shall include the following:
1) When and where the session took place
2) Topics discussed in the session
3) A session attendance roster signed by employees attending the tailgate session
4) Provide a copy to City Planning
5) Provide a copy to Southern San Joaquin Valley Information Center
During grading activities, a qualified archaeological monitor or his representative shallamonitor earth-moving activities on the project site. Once the qualified archaeologist
28
Michael Brandman AssocIates
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rJRIGINAL
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"ldlng Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
determines that monitoring is no longer necessary, monitoring activities can be
discontinued. If historical resources are uncovered during construction activities, no
further excavation or disturbance of the area where the resources were found shall occur
until a qualified archaeologist examines the fmd. If the fmd is determined to be a
potentially historical resource, the project applicant shall, within forty-eight hours of
notification, provide five percent of one half of 1 percent of the projected cost of the
project to the City to ascertain the appropriate mitigation measures as required by Public
Resources Code Section 21083.2(b), (c) and (d). Appropriate mitigation shall include
planning construction to avoid archaeological sites, capping or covering archeological
sites with a layer of soil before building on the affected site, or excavation to adequately
recover the scientifically consequential information from and about the resource. If the
mitigation costs exceed the initial deposit by the developer, an amount no greater than
one-half of one percent of the project costs shall be paid by developer to City to
implement the mitigation treatment plan. Any payments made by developer that exceed
the actual costs of the mitigation treatment plan shall be reimbursed to the developer.
Work may continue on other parts of the project site while the historical resource
mitigation takes place. The contingency funding contained in this Mitigation Measure
5A.B.1 is inclusive, and not cumulative of the contingency funding contained in
Mitigation Measures 5A.A.l and 5A.C.t.
If the qualified archaeologist determines that the find is a significant historical resource,
the resource site shall be evaluated and recorded in accordance with requirements of the
State Office of Historic Preservation (OHP). Prior to disposition of recovered artifacts,
consultation with culturally affiliated Native Americans shall occur. The Native
Americans that will be consulted will be those who attended the pre-construction
meeting. If the site is determined to be significant, an adequate amount of data at the site
shall be collected by the qualified archaeologist and the findings of the report shall be
submitted to the City and San Joaquin Valley Information Center. If the site is
determined to be not significant, the site need not be mitigated for as described above.
The project site is heavily disturbed from previous activities, including plowing, grading, and
irrigation. Base on the record search and field surveys conducted on the project site there is no
evidence of historical resources. However, as noted above, there is always the potential for unknown
resources to be unearthed. Mitigation Measure 5A.B.l requires compliance with Public Resources
Code Section 21083.2(b), (c) and (d) and the evaluation of any finds by the OHP. Compliance with
these regulations is considered full mitigation for direct and cumulative impacts associated with the
potential of the discovery of previously unknown historical resources. In addition, the project
Michael Brandman Associates
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0RIGINAL
Adverse Project-Specmc and Cumulative Impact
Which Can Be MItigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
applicant did not discover any historical resources when previous grading and construction was done
in 2003.
Reference: Pages 5 A-II through 504-12; 5 04-17 through 504-18 in Chapter 1 of the Final EIR;
Response to Comments C-1, H-1, H -4, and 1-4, and any documents referenced in or incorporated by
reference in Section 504, Cultural Resources, in Chapter 1 of the Final EIR.
2.3.4 - Cumulative
2.3.4.1 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant impact to unknown historical resources.
As noted above, there are no known historical resources on the site; however, it is possible, but
unlikely, for unknown historical resources to be located on the project site. Therefore, any impact to
unknown historical resources could contribute to a potentially significant cumulative impact.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant cumulative environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
Implementation of Mitigation Measure 5A.B.1 identified above for the project-specific impact, is
required.
As noted above, there is always the potential for unknown resources to be unearthed. Mitigation
Measure 5A.B.1 requires compliance with Public Resources Code Section 21083.2(b), (c) and (d) and
evaluation of any finds by the OHP. Compliance with these regulations is considered full mitigation
for cumulative impacts associated with the potential of the discovery of previously unknown
historical resources.
30
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CEQA Findings of Fact and
Statement of Overriding Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Reference: Pages 5.4-11 through 5.4-12; 5.4-17 through 5.4-18 in Chapter 1 ofthe Final EIR;
Response to Comments C-1, H-1, H-4, and 1-4, and any documents referenced in or incorporated by
reference in Section 5.4, Cultural Resources, in Chapter 1 of the Final EIR.
Impact 5.4.C
The project could directly or Indirectly destroy a unique paleontological resource.
2.3.5 - Project-Specific
2.3.5.1 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific significant impact to unknown paleontological
resources.
Alluvial deposits in the project area are considered to be geologically too young to contain significant
fossil remains. The area is considered to have a low potential for the project to impact
paleontological resources. It is possible, but unlikely, that unknown paleontological resources may be
located below ground at the project site. Therefore, implementation of the proposed project could
result in significant impacts on unknown paleontological resources.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant project-specific environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
5.4.C.1
If paleontological resources are uncovered during construction activities, no further
excavation or disturbance of the area where the resources were found shall occur until a
qualified paleontologist examines the find. If the find is determined to be a potentially
significant paleontological resource, the project applicant shall, within forty-eight hours
of notification, provide five percent of one half of 1 percent of the projected cost of the
project to the City to ascertain the appropriate mitigation measures as required by Public
Resources Code Section 21083.2(b), (c) and (d). Appropriate mitigation shall include
planning construction to avoid paleontological sites, capping or covering paleontological
sites with a layer of soil before building on the affected site, or excavation to adequately
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Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
recover the scientifically consequential information from and about the resource. If the
mitigation costs exceed the initial deposit by the developer, an amount no greater than
one-half of one percent of the project costs shall be paid by developer to City to
implement the mitigation treatment plan. Any payments made by developer that exceed
the actual costs ofthe mitigation treatment plan shall be reimbursed to the developer.
Work may continue on other parts of the project site while the paleontological resource
mitigation takes place. The contingency funding contained in this Mitigation Measure
5.4.C.1 is inclusive, and not cumulative of the contingency funding contained in
Mitigation Measures 5.4.A.l and 5.4.B.1.
If the qualified paleontologist determines that the find is a significant paleontological
resource, the resource site shall be excavated and all recovered fossils shall be curated for
documentation in a summary report and transferred to the Buena Vista Museum of
Natural History in the City of Bakersfield.
The project site is heavily disturbed from previous activities, including plowing, grading, and
irrigation. Based on the record search and field surveys conducted on the project site there is no
evidence of paleontological resources. However, as noted above, there is always the potential for
unknown resources to be unearthed. Mitigation Measure 5.4.C.1 requires compliance with Public
Resources Code Section 21083.2(b), (c) and (d). Compliance with these regulations is considered full
mitigation for direct impacts associated with the potential of the discovery of previously unknown
paleontological resources. In addition, the project applicant did not discover any paleontological
resources when previous grading and construction was done in 2003.
Reference: Pages 5.4-13 through 5.4-14; and 5.4-17 through 5.4-18 in Chapter 1 of the Final EIR and
any documents referenced in or incorporated by reference in Section 5.4, Cultural Resources, in
Chapter 1 of the Final EIR.
2.3.6 - Cumulative
2.3.6.1 - Potentially Significant Impact
The Final EIR identifies a potentially significant cumulative impact to unknown paleontological
resources.
As noted above, there are no known paleontological resources on the site; however, it is possible, but
unlikely, for unknown paleontological resources to be located on the project site. Therefore, any
32
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CEQA Findings of Fact and
Statement of Ove"ldlng Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
impact to an unknown paleontological resource could contribute to a potentially significant
cumulative impact.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant environmental effect has been eliminated or substantially lessened to a
level that is less than significant by virtue of the following mitigation measures as identified in the
Final EIR and incorporated into the project.
Implementation of beyond Mitigation Measure 53.C.1 identified above for the project-specific
impact, is required.
As noted above, there is always the potential for unknown resources to be unearthed. Mitigation
Measure 5.4.C.1 requires compliance with Public Resources Code Section 21083.2(b), (c) and (d).
Compliance with these regulations is considered full mitigation for cumulative impacts associated
with the potential of the discovery of previously unknown paleontological resources. In addition, the
project applicant did not discover any paleontological resources when previous grading and
construction was done in 2003.
Reference: Pages 5.4-13 through 5.4-14; and 5.4-17 through 5.4-18 in Chapter 1 of the Final EIR
and any documents referenced in or incorporated by reference in Section 5.4, Cultural Resources, in
Chapter 1 of the Final EIR.
Impact 5.4.0
The proposed project could result In the disturbance of human remains.
2.3.7 - Project-Specific
2.3.7.1 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific significant impact to unknown human remains.
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Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Based on the record search and field surveys conducted on the project site, no known human remains
are located on the project site. However, it is possible, but unlikely, that unknown human remains are
present. Therefore, the project could result in potentially significant impacts on unknown human
remams.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(l), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant project-specific environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
5.4.0.1
In the event of the accidental discovery or recognition of any human remains on the
project site, the following steps shall be taken:
· There shall be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until:
- The coroner of the county in which the remains are discovered
detennines that no investigation of the cause of death is required, and
- If the coroner detennines the remains to be Native American:
o The coroner shall contact the NARC within 24 hours.
o The NARC shall identify the person or persons it believes to be the
most likely descended from the deceased Native American.
o The most likely descendent may make recommendations to the
landowner or the person responsible for the excavation work, for
means of treating or disposing of, with appropriate dignity, the human
remains and any associated grave goods as provided in Public
Resources Code Section 5097.98, or
· Where the following conditions occur, the landowner or his authorized
representative shall rebury the Native American human remains and
associated grave goods with appropriate dignity on the property in a
location not subject to further and future subsurface disturbance pursuant
to Public Resources Code Section 5097.98(e).
- The NARC is unable to identify a most likely descendent
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CEQA Findings of Fact and
Statement of Overriding Considerations
Adverse ProJect-Speclflc and Cumulative Impact
Which Can Be MItigated to a Level of Insignificance
- The most likely descendant is identified by the NARC, but fails to make
a recommendation within 48 hours of being granted access to the site; or
- The landowner or his authorized representative rejects the
recommendation of the descendant, and a mediation by the NARC fails
to provide measures acceptable to the landowner.
The project site is heavily disturbed from previous activities, including plowing, grading, and
irrigation. However, as noted above, there is always the potential for unknown human remains to be
unearthed. Mitigation Measure 5.4.D.1 requires compliance with Public Resources Code Section
5097.98 and the NARC recommendations. Compliance with this regulation and NARC
recommendations is considered full mitigation for direct impacts associated with the potential of the
discovery of previously unknown human remains. In addition, the project applicant did not discover
any human remains when previous grading and construction was done in 2003.
Reference: Pages 5.4-14 through 5.4-15; and 5.4-17 through 5.4-18 in Chapter 1 of the Final EIR,
Response to Comments C-l, H-l, and 1-4. and any documents referenced in or incorporated by
reference in Section 5.4. Cultural Resources, in Chapter 1 of the Final EIR.
2.3.8 - Cumulative
2.3.8.1 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant impact to unknown human remains.
As noted above. there are no known human remains on the site; however. any impact to unknown
human remains could contribute to a potentially significant cumulative impact to human remains.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(I). changes or alterations have been required in. or
incorporated into. the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant cumulative environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
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Adverse Project-Speclflc and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Implementation of Mitigation Measure 5.4.D.l identified above for the project-specific impact, is
required.
As noted above, there is always the potential for unknown human remains to be unearthed.
Mitigation Measure 5.4.D.l requires compliance with Public Resources Code Section 5097.98 and
the NARC recommendations. Compliance with this regulation and NARC recommendations is
considered full mitigation for cumulative impacts associated with the potential of the discovery of
previously unknown human remains. In addition, the project applicant did not discover any human
remains when previous grading and construction was done in 2003.
Reference: Pages 5.4-14 through 5.4-15; and 5.4-17 through 5.4-18 in Chapter 1 of the Final EIR,
Chapter 3 ofthe Final EIR, Response to Comments C-l, H-l, and 1-4, and any documents referenced
in or incorporated by reference in Section 5.4, Cultural Resources, in Chapter 1 of the Final EIR.
2.4 - TRAFFIC
Impact 5.6.A
The project would cause an Increase In traffic which Is substantial In relation to the
existing traffic load and capacity of the street system, or Individually or
cumulatively exceed a LOS standard established by the county congestion
management agency for designated roadways or highways.
2.4.1 - Project-Specific
2.4.1.1 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific significant impact to three signalized
intersection scenarios at one intersection, and two unsignalized intersection scenarios at one
intersection in the year 2008 plus project conditions.
The study area is generally bound by White Lane to the north, Hosking Avenue to the south, Union
Avenue to the east, and Golden Gate Drive to the west. The study area boundary was based on a
threshold of 50 or more PM peak hour trips. Therefore, only intersections and roadways with a
minimum of 50 PM peak hour trips were considered for analysis. This selection process was
reviewed and approved by the City of Bakersfield, County of Kern and Caltrans. The study area
included 26 intersections, of which 19 are signalized and 7 are unsignalized.
The estimated daily traffic volumes generated by the proposed development are based on the data
obtained from the Institute of Transportation Engineers (ITE) Trip Generation, 7th edition. Rates and
directional splits for ITE Land Use Codes 813 (Free-Standing Discount Superstore), 820 (Shopping
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"ldlng Considerations
Adverse Project-5peclflc and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Center) and 862 (Home Improvement Superstore) were used to estimate project trip generation during
the week (peak hours of adjacent street traffic) and on Saturday (peak hours of generator).
Based on a capture rate of five percent and a pass-by rate of 15 percent, the total estimated average
daily trips associated with the proposed project is 16,317.
As shown in Table 5.6-9 in Chapter 1 ofthe Final EIR, two signalized intersection scenarios at one
intersection, and three unsignalized intersection scenarios at one intersection will experience
significant impacts under year 2008 plus project conditions. These intersections are as follows:
Unsignalized
. Golden Gate Drive and Panama Lane - Southbound (Evening peak hours - LOS C degrading to
LOS F) and Northbound (morning and evening peak hours degrading to LOS D)
Signalized
. Wible Road and Panama Lane (Saturday peak hours - LOS C degrading to LOS D)
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant project-specific environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
To reduce impacts on the transportation network, the City of Bakersfield implements two separate
transportation impact fee programs: The Metropolitan Transportation Impact Fee Program and the
Local Mitigation Impact Fee Program. These two programs are discussed below.
Metropolitan Bakersfield Transportation Impact Fee Program
The Metropolitan Bakersfield Transportation Impact Fee was adopted by both the City of Bakersfield
and County ofKem in 1992. The fee program is known as the Regional Transportation Impact Fee
(R TIP) Program. The impact fee is imposed on new development and includes a Regional
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Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Transportation Facilities List and a Transportation Impact Fee Schedule. The Facilities List includes
many of the facilities needed to maintain a LOS C or better for new growth or to prevent the
degradation of facilities which are currently operating below LOS C as shown in the Metropolitan
Bakersfield General Plan Circulation Element. The Fee Schedule sets forth the fees to be collected
from new development to pay for each development's fair share cost of the facilities.
The RTIF Program was last updated in 2005 and the Facilities List was expanded to include
additional roadway segments and traffic signals. The RTIF pays for the construction of both regional
and local facilities that are required to maintain, where possible, LOS C for the Metropolitan
Bakersfield transportation system or to prevent the degradation of facilities which are currently below
LOS C, where possible. Projects involving General Plan amendments are evaluated by adding traffic
to the projected 20-year traffic forecast to detennine if the RTIF improvements could accommodate
the project involving the General Plan amendment. Improvements required beyond those identified
within the RTIF Program are categorized as Local Mitigation and are covered by the Local Mitigation
Impact Fee Program, which is discussed below.
The RTIF is imposed on new development through the application ofthe Transportation Impact Fee
Ordinance and collected at the building permit stage for any development that produces additional
vehicular trips over that attributed to the land being developed before the new development is in
place. The Facilities List includes those improvements needed on the regional transportation network
for the long term time horizon year based on socioeconomic data provided by the KemCOG.
After the impact fees are collected, they are placed in a separate interest bearing account in a
Transportation Development Fund, per the requirements of the Government Code sections 66000 et
seq. The timing to use the transportation funds is established through the 5-year Capital Improvement
Program (CIP) which the City's Public Works Department oversees. Periodically (i.e., each year), the
City conducts traffic counts, reviews traffic accidents, and reviews traffic trends throughout the City.
The City uses this data to detennine the timing for the improvements listed on the Facilities List and
to ensure that the construction of needed improvements occurs prior to or concurrent with the time at
which the LOS is forecasted to fail to achieve the performance levels established by the City. In this
way, improvements are typically constructed before the LOS falls below the City's performance
standards to ensure that significant impacts are avoided. Improvements are identified within each of
the 5 year CIP period and reviewed periodically to determine if improvements should be shifted into
another year based on the traffic counts, accidents, and trends. The CIP establishes a timeframe to
fund the improvement, design improvements, and to fund the requisite costs related to hiring
contractors to build the improvements.
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ORIGINAJ
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Local Mitigation Impact Fee Program
The City of Bakersfield has established a Local Mitigation Impact Fee Program for traffic
improvements that are not listed on the RTIF Project Facilities List. These improvements are
typically associated with collector streets but may also be associated with local streets. Furthermore,
if an improvement is required for a specific project, and it was beyond what was contemplated within
the RTIF Program, then the improvement is required as a Local Mitigation requirement.
Similar to the RTIF Program, after the impact fees are collected, they are placed in a separate interest
account, per the requirements of the Government Code Sections 66000 et seq. The timing to use the
transportation funds is determined similarly to the RTIF Program. The timing is established through
the 5-year Capital Improvement Program. This program is also overseen by the City's Public Works
Department. Periodic traffic counts, review of traffic accidents, and review of traffic trends
throughout the City are also performed by City staff. The City uses this data to detennine the timing
for the improvements listed on the Facilities List. Improvements are identified within each of the 5
years and reviewed periodically to determine if improvements should be shifted into another year
based on the traffic counts, accidents, and trends. The City uses this data to detennine the timing for
the improvements listed on the Facilities List and to ensure that needed improvements are constructed
prior to that time at which the LOS is forecast to fall below the performance levels established by the
City. In this way, improvements are constructed before the LOS falls below the City's performance
standards to ensure that significant impacts are avoided. The Capital Improvement Program
establishes a timeframe to fund the improvement as well as design improvements and for the City to
hire a contractor to build the improvements.
The City has an established, proven track record with respect to implementing the RTIF and the Local
Mitigation Fee and Transportation Improvement Programs. Many of the streets included within the
study area for this report are at various stages of widening and improvement based on the City's
collection of fees. Under these programs, as a result of its continual monitoring of the local
circulation system, the City ensures that RTIF and non-RTIF improvements are constructed prior to
when the LOS would otherwise fall below the City's established performance criteria. In its
comment letter on the EIR, the California Department of Transportation noted that it was cognizant of
the City's successful implementation ofthe RTIF and Local Fee programs to mitigate traffic impacts.
Table 5.6-15 in Chapter 1 of the Final EIR, identifies the incremental intersection and roadway
improvements needed by the years 2008 and 2030, and the total improvements needed by the year
2030 to maintain, where possible, LOS C. This table identifies which of the total 2030 improvements
are covered by the Local Mitigation Fee Program as opposed to the RTIF program. The project's
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Adverse Project-Specific and Cumulative Impact
Which Can Be MItigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
proportionate share responsibility for the cost of local mitigation improvements in the year 2030 is
calculated according to the following equation.
[ (Project Traffic) xl 00]
(2030 + Project Traffic) - (2006 Traffic)
This equation has been adopted by the City of Bakersfield and is utilized by Caltrans and other
agencies throughout the state. It provides for a reasonably conservative estimate of the cost of local
mitigation since it takes only future traffic into consideration and does not account for other
transportation fees or sources of income.
The improvements listed in Table 5.6-15 in Chapter 1 of the Final EIR, are comprised oflane
additions, installation of signals and signal modifications. Lane additions are shown as the number of
lanes required and the direction of travel. For example, I.EBT indicates one additional eastbound
through-lane. Depending upon the width of existing pavement and right-of-way, these improvements
may involve only striping modifications or they may involve construction of additional pavement
width. Specific signal modifications which are identified involve changing the operational
characteristics of selected right turn movements from being permitted during the red phase to also
including a green arrow to allow a protected phase during the overlapping left turn of the intersecting
street.
5.6.A.1
5.6.A.2
Prior to the issuance of building permits, the project applicant shall participate in the
Local Mitigation Impact Fee Program and pay the project's fair share for local
improvements as outlined in Table 5.6-15 in Chapter 1 ofthe Final EIR. City shall
ensure that the improvements outlined in Table 5.6-15 in Chapter 1 of the Final EIR will
be constructed pursuant to the fee program at that point in time necessary to avoid
identified significant impacts on traffic.
Prior to the issuance of building permits, the proj ect applicant shall participate in the
Regional Transportation Impact Fee Program and pay the project's fair share for regional
improvements as outlined in Table 5.6-15 in Chapter 1 of the Final EIR. City shall
ensure that the improvements outlined in Table 5.6-15 in Chapter 1 of the Final EIR will
be constructed pursuant to the fee program at that point in time necessary to avoid
identified significant impacts on traffic.
The implementation of the improvements at the Golden Gate Drive and Panama Lane (southbound
and northbound) and at Wible Road and Panama Lane intersections identified in Table 5.6-15 in
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ORIGiNAl
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
AcJverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Chapter 1 of the Final EIR for 2008 plus project scenarios will reduce the potential significant
impacts at the intersections that are listed above to less than significant (see Table 2.4-1). The
intersection improvements include installation of signals and through/turning lanes. The technical
traffic impact analysis underlying the Final EIR and the Final EIR were reviewed by Caltrans and
KemCOG. These agencies approved of the methodologies and conclusions contained in the traffic
impact analysis and the Final EIR, and also agreed that implementation of the City's two fee
programs will mitigate the identified intersections to less than significant levels.
References: Pages 5.6-21 through 5.6-26; and 5.6-36 through 5.6-43 in Chapter 1 of the Final EIR,
the comment letter from the California Department of Transportation dated June 27, 2007, Response
to Comments B-1 and B-2, and any documents referenced in or incorporated by reference in Section
5.6, Traffic and Transportation, in Chapter 1 of the Final EIR.
Michael Brandman Associates
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ORIGINAL
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
2.4.1.2 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific significant impact to three roadway segment
under the year 2008 plus project conditions.
As shown in Table 5.6-10 in Chapter 1 ofthe Final EIR, three roadway segments will experience
significant impacts under the 2008 plus project conditions. These roadway segments are:
. Wible Road - Panama Lane and Hosking Road (LOS B degrading to LOS D);
. Pacheco Road - South H Street and Monitor Street (LOS C degrading to LOS D); and
. Panama Lane - Akers Road and Wible Road (LOS C degrading to LOS E).
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant project-specific environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
To reduce impacts on the transportation network, the City of Bakersfield implements two separate
transportation impact fee programs: The Metropolitan Transportation Impact Fee Program and the
Local Impact Fee Program. These two programs are discussed above. Implementation of Mitigation
Measures 5.6.A.1 and 5.6A.2 are required.
The implementation ofthe improvements at the three roadway segments shown above in Table 2.4-1
and identified in Table 5.6-15 in Chapter 1 of the Final EIR for 2008 plus project scenario will reduce
the potential significant impacts at the three roadway segments that are listed above to less than
significant. The technical traffic impact analysis underlying the Final EIR and the EIR were reviewed
by Caltrans and KemCOG. These agencies approved ofthe methodologies and conclusions
contained in the traffic impact analysis and the Final EIR, and also agreed that implementation of the
City's two fee programs will mitigate the identified roadway segments to less than significant levels.
Michael Brandman Associates
S:\P-99ICCI02160038]indings_11-14-07.doc
45
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f)RII1INAt
Adverse Project-Specific and Cumulative Impact
Which Can Be MItigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
References: Pages 5.6-26 through 5.6-28; and 5.6-36 through 5.6-43 in Chapter 1 ofthe Final EIR,
the comment letter from the California Department of Transportation dated June 27,2007, Response
to Comment B-1 and B-2, and any documents referenced in or incorporated by reference in Section
5.6, Traffic and Transportation, in Chapter 1 of the Final EIR.
2.4.2 - Cumulative
2.4.2.1 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant impact for 22 signalized intersection
scenarios, involving 11 different intersections, and 24 unsignalized intersections scenarios involving
seven different intersections under the 2030 plus project conditions.
For purposes of a cumulative impacts analysis, the traffic analysis assumes that all related projects for
which land use applications have been filed or that have been publicly announced, are ultimately
approved by the City or County and will be constructed and operational by 2030, the year for which
the cumulative analysis was performed. These projects are reflected in the 2030 time horizon and are
included in this study even though many ofthese projects are in the embryonic stage, and even
though it is probable that many of these projects either will not be built, will be built at lower
densities planned at this time, or will be subject to their own project conditions and mitigation
measures which will also mitigate cumulative traffic impacts. Thus, the cumulative impact analysis
likely overstates identified cumulative impacts as opposed to understating such impacts.
As described on pages 5.6-32 and 5.6-33 in Chapter 1 on the Final EIR, during weekday and Saturday
peak hours, 22 signalized intersection scenarios involving 11 different intersections and 24
unsignalized intersections scenarios involving seven different intersections will experience significant
impacts under the cumulative year 2030 conditions.
The signalized intersection scenarios are as follows:
. Wible Road and White Lane (Morning peak hours LOS C degrading to LOS D);
. Wible Road and White Lane (Evening peak hours LOS C degrading to LOS F);
. Wible Road and White Lane (Saturday peak hours LOS C degrading to LOS D);
. South H Street and Pacheco Road (Evening peak hours LOS C degrading to LOS D);
. Akers Road and Panama Lane (Morning peak hours LOS B degrading to LOS D)
. Akers Road and Panama Lane (Evening peak hours LOS B degrading to LOS D);
46
Michael Brandman Associates
S:\P-99\CC\02160038]indings_11-14-07.doc
X ~AK~~
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ORIGINAl
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Adverse ProJect-Speclflc and Cumulative Impact
Which Can Be MItigated to a Level of Insignificance
· South H Street and White Lane (Evening peak hours LOS C degrading to LOS C);
. South H Street and White Lane (Saturday peak hours LOS C degrading to LOS F);
. Colony Street and Panama Lane (Evening peak hours LOS C degrading to LOS D);
. Colony Street and Panama Lane (Saturday peak hours LOS C degrading to LOS D);
. South H Street and Panama Lane (Evening peak hours LOS C degrading to LOS F);
. South H Street and Panama Lane (Saturday peak hours LOS B degrading to LOS F);
. Union Avenue and Panama Lane (Morning peak hours LOS B degrading to LOS F);
. Union Avenue and Panama Lane (Evening peak hours LOS B degrading to LOS F);
. Union Avenue and Panama Lane (Saturday peak hours LOS C degrading to LOS F);
. Albertson's entrance and Panama Lane (Morning peak hours LOS B degrading to LOS E);
. Albertson's entrance and Panama Lane (Evening peak hours LOS A degrading to LOS F);
. Albertson's entrance and Panama Lane (Saturday peak hours LOS A degrading to LOS E);
. Stine Road and Panama Lane (Evening peak hours LOS B degrading to LOS E);
. Monitor Street and Panama Lane (Saturday peak hours LOS C degrading to LOS D);
. Wible Road and Panama Lane (Morning peak hours LOS C degrading to LOS F);
. Wible Road and Panama Lane (Saturday peak hours LOS C degrading to LOS F);
The unsignalized intersection scenarios are as follows:
. Akers Road and Harris Road (Morning peak hours LOS C degrading to LOS F, evening peak
hours LOS C degrading to F, and Saturday peak hours LOS C degrading to LOS F);
. Golden Gate Drive and Panama Lane - Southbound (Morning peak hours LOS B degrading to
LOS F, evening peak hours LOS C degrading to F, and Saturday peak hours LOS A degrading
to LOS F) and Northbound (Morning peak hours degrading to LOS F, evening peak hours
degrading to F, and Saturday peak hours degrading to LOS F);
. Akers Road and Berkshire Road (Morning peak hours LOS A degrading to LOS F, evening
peak hours LOS A degrading to F, and Saturday peak hours LOS A degrading to LOS F);
Michael Brandman Associates
S:\P-99ICCI02160038 ]indings _11-14-07.doc
47
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Adverse Project-Speclflc and Cumulative Impact
Which Can Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
. Wible Road and Berkshire Road (Morning peak hours LOS B degrading to LOS F, evening
peak hours LOS B degrading to F, and Saturday peak hours LOS B degrading to LOS F);
. South H Street and Berkshire Road (Morning peak hours LOS A degrading to LOS F, evening
peak hours LOS B degrading to F, and Saturday peak hours LOS A degrading to LOS F);
. Wible Road and Hosking Road (Morning peak hours LOS B degrading to LOS F, evening peak
hours LOS B degrading to LOS F, and Saturday peak hours LOS B degrading to LOS F);
. South H Street and Hosking Road (Morning peak hours LOS A degrading to LOS F, evening
peak hours LOS B degrading to LOS F, and Saturday peak hours LOS A degrading to LOS F).
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR with the exception of the following intersections: (1) Wible Road at
White Lane (Evening peak hour LOS D, Saturday peak hour LOS D) and (2) Wible Road at Panama
Lane (Morning peak hour LOS E, Evening peak hour LOS E, and Saturday peak hour LOS F).
Facts in Support of Finding
With the exception of the following intersections (1) Wible Road at White Lane (Evening peak hour
LOS D, Saturday peak hour LOS D) and (2) Wible Road at Panama Lane (Morning peak hour LOS
E, Evening peak hour LOS E, and Saturday peak hour LOS F), the potentially significant cumulative
environmental effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of the following mitigation measure as identified in the Final EIR and
incorporated into the project.
Implementation of Mitigation Measures 5.6.A.l and 5.6.A.2 identified above for the project-specific
impact, is required.
The implementation of the improvements at the 11 signalized and seven unsignalized intersections
identified in Table 5.6-15 in Chapter 1 of the Final EIR for 2030 plus project scenarios will reduce the
potential significant impacts at the intersections that are listed above with the exception of (1) Wible
Road at White Lane and (2) Wible Road at Panama Lane to less than significant (see Table 2.4-1).
The intersection improvements include installation of signals and through/turning lanes. The
technical traffic impact analysis underlying the Final EIR and the Final EIR were reviewed by
Caltrans and KernCOG. These agencies approved of the methodologies and conclusions contained in
48
Michael Brandman Associates
S:\P-99\CC\02160038 ]indings _11-14-07.doc
X 'OM~-9
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1Ii=l1r,INAI
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Be MItigated to a Level of Insignificance
the traffic impact analysis and the Final EIR, and also agreed that implementation of the City's two
fee programs will mitigate the identified intersections to less than significant levels.
References: Pages 5.6-29 through 5.6-33; and 5.6- 36 through 5.6-43 in Chapter 1 of the Final EIR,
the comment letter from the California Department of Transportation dated June 27,2007, Response
to Comment B-1, and any documents referenced in or incorporated by reference in Section 5.6,
Traffic and Transportation, in Chapter 1 of the Final EIR.
2.4.2.2 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant impact for 20 roadway segments under
the 2030 plus project conditions.
As shown in Table 5.6-13 in Chapter 1 of the Final EIR, there are 20 roadway segments that will be
significantly impacted under 2030 cumulative conditions:
. Stine Road - Panama Lane to Hosking Road (LOS A degrading to LOS F);
. Akers Road - Panama Lane to Hosking Avenue (LOS A degrading to LOS E);
. Wible Road - White Lane to Pacheco Road (LOS A degrading to LOS D);
. Wible Road - Pacheco Road to Harris Road (LOS A degrading to LOS D);
. Wible Road - Panama Lane to Hosking Avenue (LOS B degrading to LOS F);
. SR-99 - Ming Avenue to White Lane (LOS B degrading to LOS F);
. SR-99 - White Lane to Panama Lane (LOS B degrading to LOS F);
. SR-99 - Panama Lane to Taft Highway (LOS A degrading to LOS F);
. White Lane - Stine Road to Wible Road (LOS B degrading to LOS D);
. White Lane - Hughes Road to H Street (LOS C degrading to LOS F);
. Pacheco Road - Hughes Lane to South H Street (LOS D degrading to LOS F);
. Pacheco Road - South H Street to Monitor Street (LOS C degrading to LOS F);
. Pacheco Road - Monitor Street to Union Avenue (LOS B degrading to LOS E);
. Panama Lane - Ashe Road to Stine Road (LOS A degrading to LOS E);
. Panama Lane - Stine Road to Akers Road (LOS A degrading to LOS F);
. Panama Lane - Akers Road to Wible Road (LOS C degrading to LOS F);
Michael Brandman Associates
S:\P-99\CC\02160038]indings_II-14-07.doc
49
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Adverse Project.Speclflc and Cumulative Impact
Which Can Se Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of OVerriding Considerations
. Panama Lane - Wible Road to SR-99 (LOS A degrading to LOS E);
. Panama Lane - Union Avenue to Cottonwood Road (LOS A degrading to LOS F);
. Hosking Avenue - Wible Road to South H Street (LOS A degrading to LOS F); and
. Hosking Avenue - South H Street to Union Avenue (LOS A degrading to LOS F).
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(I), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effects
as identified in the Final EIR, with the exception ofthe following five roadway segments: (1) SR-99 -
Ming Avenue to White Lane; (2) SR-99 - Panama Lane to White Lane; (3) SR-99 - Panama Lane to
Taft Highway; (4) Panama Lane - Wible Road to SR-99; and (5) White Lane - Stine Road to Wible
Road.
Facts in Support of Finding
With the exception of the following five roadway segments: (1) SR-99 - Ming Avenue to White Lane;
(2) SR-99 - Panama Lane to White Lane; (3) SR-99 - Panama Lane to Taft Highway; (3) Panama
Lane - Wible Road to SR-99; and (5) White Lane - Stine Road to Wible Road, the potentially
significant cumulative environmental effect has been eliminated or substantially lessened to a level
that is less than significant by virtue of the following mitigation measure as identified in the Final EIR
and incorporated into the proj ect.
Implementation of Mitigation Measures 5.6.A.l and 5.6.A.2 identified above for the project-specific
impact, is required.
The implementation of the improvements at the 20 roadway segments identified in Table 5.6-15 in
Chapter 1 of the Final EIR for 2030 plus project scenarios will reduce the potential significant
impacts at the roadway segments that are listed above with the exception of (1) SR -99 - Ming Avenue
to White Lane, (2) SR-99 - Panama Lane to White Lane, (3) SR-99 - Panama Lane to Taft Highway,
(4) Panama Lane - Wible Road to SR-99, and (5) White Lane - Stine Road to Wible Road, to less
than significant (see Table 2.4-1 for improvements). The technical traffic impact analysis underlying
the Final EIR and the Final EIR were reviewed by Caltrans and KemCOG. These agencies approved
of the methodologies and conclusions contained in the traffic impact analysis and the EIR, and also
agreed that implementation ofthe City's two fee programs will mitigate the identified roadway
segments to less than significant levels.
50
Michael Srandman Associates
S:\P-99\CC\02160038 _Findings_11-14-07.doc
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~RIG1NAL
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'d'ng Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Se Mitigated to a Level of Insignificance
References: Pages 5.6-35 through 5.6-43 in Chapter 1 of the Final EIR, the comment letter from the
California Department of Transportation dated June 27, 2007, Response to Comment B-1 and B-2,
and any documents referenced in or incorporated by reference in Section 5.6, Traffic and
Transportation, in Chapter 1 of the Final EIR.
2.4.2.3 . Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant impact for one freeway ramp intersection
under two scenarios under the 2030 plus project conditions.
As shown in Table 5.6-14 in Chapter 1 of the Final EIR, one of the study area freeway ramp
intersections under two scenarios (Le. morning and evening peak hours) will operate at an
unacceptable LOS under cumulative year conditions:
. SR-99 at Panama Lane Southbound Off-Ramp (Morning peak hours LOS A degrading to LOS
F); and
. SR-99 at Panama Lane Southbound Off-Ramp (Evening peak hours LOS A degrading to
LOS E).
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(l), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant cumulative environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
Implementation of Mitigation Measures 5.6.A.1 identified above for the project-specific impact, is
required.
The implementation of improvements at the SR-99 and Panama Lane southbound off-ramp identified
in Table 5.6-15 in Chapter 1 of the Final EIR for 2030 plus project scenarios will reduce the potential
significant impacts at this freeway ramp to less than significant (see Table 2.4-1 for improvements).
The technical traffic impact analysis underlying the Final EIR and the Final EIR were reviewed by
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Caltrans and KemCOG. These agencies approved of the methodologies and conclusions contained in
the traffic impact analysis and the Final EIR, and also agreed that implementation of the City's Local
Mitigation Impact Fee Program will mitigate the identified freeway ramp to less than significant
levels.
References: Pages 5.6-35 through 5.6-43 in Chapter 1 of the Final EIR, the comment letter from the
California Department of Transportation dated June 27,2007, Response to Comment B-1 and B-2,
and any documents referenced in or incorporated by reference in Section 5.6, Traffic and
Transportation, in Chapter 1 of the Final EIR.
2.5 - AIR QUALITY
Impact 5.7.A
The proposed project has the potential to result In emissions of ozone precursors
(ROG or NOx), PM2.5 or PM10 (pollutants for which the San Joaquin Valley Air
Basin Is In nonattalnment) over the thresholds of significance.
2.5.1 - Project-Specific
2.5.1.1 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific (short-term construction plus operational)
significant impact to the public and environment in the San Joaquin Valley Air Basin.
Total estimated short-term and long-term emissions beginning with construction through buildout for
the proposed project are shown in Table 5.7-13 in Chapter 1 of the Final EIR, in Section 5.7, Air
Quality in Chapter 1 of the Final EIR. As shown in the table, during all years except 2007, the project
exceeds one or more of the thresholds for ROG, NOx, and/or PM 10 (see page 5.7-62 in Chapter 1 of
the Final EIR). Total estimated short-term and long-term emissions for the proposed project using
mobile emissions converted to EMFAC2007 equivalent are shown in 5.7-14 in Section 5.7, Air
Quality, in Chapter 1 of the Final EIR. As shown in the table, during all years except 2007 exceeds
one or more ofthe thresholds for ROG, NOx, and/or PM 10.
Table 5.7-13 and 5.7-14 in Chapter 1 of the Final EIR demonstrate that, without mitigation, the short-
term construction and operational impacts of the proposed project will exceed the SJV APCD's
thresholds for ROG, NOx, and/or PMI0.
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Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant project-specific environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measures as
identified in the Final EIR and incorporated into the project.
5.7.A.1
Prior to the issuance of a grading permit, the following shall be incorporated into the
construction plan.
. During all phases of construction, construction equipment shall be properly and
routinely maintained, as recommended by manufacturer manuals, to control
exhaust emissions.
. During all phases of construction, all contractors shall follow all the rules in
Regulation VIII.
. During all phases of construction, all contractors shall restrict equipment and
vehicle idling to five minutes or less.
. The Proj ect proponent shall develop a ride-share incentive program for
construction workers. The program shall be submitted to the City for review and
approval.
. On-site electrical hook ups shall be installed for electric hand tools such as saws,
drills, and compressors, to substantially decrease the need for fuel powered electric
generators and other fuel-powered equipment.
. During construction, only low volatility paints and coatings shall be used. All
paints shall be applied using either high volume low-pressure (HVLP) spray
equipment or by hand application.
. During construction of the retail uses, the off-road construction equipment
(i.e., cranes and lifts) shall use California Air Resources Board verified Level
Three diesel particulate filters (www.arb.ca.gov/diesel/verdev/vt/cvt.htm) to
accomplish an 85 percent reduction in PMI0 emissions.
5.7.A.2
Prior to issuance of a building permit, to reduce emissions from mobile sources the
project applicant shall provide payment in an amount equal to the applicable regional
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5.7.A.3
5.7.A.4
5.7.A.5
5.7.A.6
5.7.A.7
transportation improvement fund traffic impact fees and the local transportation impact
fee applicable to the project to facilitate the implementation ofthe intersection and
roadway segment improvements that are identified as mitigation in Section 5.6 Traffic
and Transportation.
The project applicant shall integrate pedestrian infrastructure such as pedestrian pathways
that connect buildings throughout the project, including at least one connection between
the southern and northern buildings. The walkways should create a safe and inviting
walking environment for people wishing to walk from one building to another.
Walkways should be installed to direct pedestrians from the street sidewalk to the
buildings. Sidewalks shall be designed for high visibility (brightly painted, different
colors of concrete, etc.) when crossing parking lots, streets, and similar vehicle paths.
Lowe's, Wal-Mart, Office Depot and the in-line tenants shall display up to date
documentation regarding area transit routes and bicycle routes in a visible and convenient
location for employees and customers.
Lowe's, Wal-Mart, Office Depot and the in-line tenants shall coordinate together to
appoint an Employee Transportation Coordinator to work with the San Joaquin Valley
Air Pollution Control District and the two stores to develop and implement an appropriate
commuting program. At a minimum, the program shall provide bus passes discounted at
least 50 percent for employees. The employees shall be provided with written
documentation regarding the commuting program. The commuting program shall be
submitted to the Planning Director and the San Joaquin Valley Air Pollution Control
District. This measure shall be approved and implemented prior to Wal-Mart and Office
Depot opening and coordination and approval by the in-line tenants shall be approved
following such tenants' opening.
To encourage employees to bike and/or walk to work, all ~stablishments shall provide at
a minimum three employee storage lockers for every 25 employees. This measure shall
be approved to the satisfaction of the Planning Director.
The project applicant shall incorporate the following into the building plans ofWal-Mart
to reduce electricity usage associated with lighting and to reduce energy demands.
. The main store area lighting shall use high output linear florescent lamps. These
lamps use half the energy ofT8 lamps, which are commonly used.
. In the produce section, focused lighting shall be placed 12.5 feet above the items.
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5.7.A.8
5.7.A.9
. Dimming controls and daylight harvesting shall be utilized. Light sensors shall be
placed around the stores and either dim or turn off the artificial lights in areas
where sufficient daylight is available.
. Artificial lighting levels shall be reduced by at least 20 percent during the night in
entry vestibules and in portions ofthe main sales floor to help customers' eyes
adjust to the change of light when going in and out of the store.
. Use light emitting diode (LED) lighting in grocery cases, jewelry cases, and the
monument signs (if applicable).
. Install energy-efficient and automated heating and air conditioning units.
. Install energy efficient interior lighting when possible.
The landscaping shall be maintained by contractors who operate with equipment that
complies with the most recent CARB standards, or standards adopted no more than three
years prior to date of use.
The Project applicant shall enter into a voluntary emission reduction program (Air
Quality Mitigation Agreement) with the San Joaquin Valley Air Pollution Control
District (SJV APCD) to offset the project's air emissions during construction and
operation ofROG, NOx, and PMIO to net zero. This Mitigation Agreement requires the
SJV APCD and the applicant to identify off-site emission reduction mitigation programs
to reduce the project's net impact on air quality. The SJV APCD shall commit in writing
to reduce the net emissions and to manage and monitor the emission reduction projects
over time. Proof of the Air Quality Mitigation Agreement must be provided to the
satisfaction of the Planning Director prior to recordation of the final map. Proof of
compliance shall include quantification of emission reduction. The Project applicant is
responsible for all costs to determine the emission reductions associated with the projects.
The following design features for the project shall be implemented:
. Prior to issuance of a grading permit for those areas of the Project site that remain
to be graded, the Developer shall prepare and submit a dust control plan. The plan
shall be prepared consistent with SJV APCD Regulation VIII and must be reviewed
and approved by the SJV APCD prior to the commencement of grading activities.
Each contractor working on the Project site shall implement the dust control
measures outlined in the approved dust control plan. The dust control measures
selected shall be incorporated as a note on each grading plan.
. Prior to the issuance of certificates of occupancy for all buildings, including
Lowe's, the applicant for each retail building proposed on an individual parcel
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Adverse ProJect-Speclflc and Cumulative Impact
Which Can Se Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'dlng Considerations
shall demonstrate an ability to achieve an energy efficiency rating that achieves
twelve percent (12%) beyond Title 24 requirements then in effect. A wide variety
of means exist to achieve this energy efficiency standard, including the use of, or a
combination of the use of, building insulation material having a greater "R-value,"
the use of photo voltaic (e.g., solar) energy systems, and efficient lighting
technologies and programs.
· Prior to issuance of certificates of occupancy for all buildings, including Lowe's,
the applicant for each commercial building proposed on an individual parcel shall
utilize solar or low emission water heaters to reduce natural gas consumption and
emissions.
· Prior to issuance of certificates of occupancy for all buildings, including Lowe's,
the applicant for each commercial building proposed on an individual parcel shall
utilize solar or low emission water heaters to reduce natural gas consumption and
emissions.
· Prior to issuance of building permits for each structure proposed on an individual
parcel, a landscape plan shall be prepared and submitted to the City of Bakersfield
Planning Department for review and approval pursuant to the City's normal
planning process. The plan shall provide shade trees and foliage to reduce building
and surface lot heating/cooling needs, and conform to landscape standards
established by the City of Bakersfield.
· Prior to issuance of certificates of occupancy for all buildings, including Lowe's,
the applicant for each building proposed on an individual parcel shall submit site
plans illustrating the use of light-colored roofing materials as opposed to dark
roofing materials when possible.
· The Developer ofthe Project shall come to an agreement with Kern Regional
Transit and Golden Empire Transit, to the extent the Transit Agency agrees,
regarding scheduled transit stops at the project site for future employees. A signed
copy of the agreement shall be provided to the City of Bakersfield Planning
Department for verification prior to issuance of building permits for the super
center.
· The project shall include provisions that require individual parcels to install
preferential parking for vanpooling and carpooling for site employees. This
measure will be verified by the Planning Department during the building and plan
check process.
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· The project shall include provisions that require the supercenter parcel that remains
to be constructed to have bike racks installed in order to encourage bicycle
commuting. Developer agrees to have this measure placed as a condition of
approval from the City of Bakersfield and verification of this measure will occur
during the site plan review process.
The Air Quality Mitigation Agreement was selected as the primary project design strategy/mitigation
for this project because it was recommended by the SJV APCD and is the most innovative mitigation
tool utilized by the SJV APCD. The Mitigation Agreement achieves full mitigation of the project's
impacts to non-attainment criteria pollutants. It should be noted that the applicant voluntarily agreed
to enter into the Mitigation Agreement. Thus, the Mitigation Agreement could very well be
characterized as a design feature of the project. Ultimately, however, whether characterized as a
design feature or a mitigation measure, the Mitigation Agreement fully mitigates the project's impacts
with respect to criteria pollutants for which the SJV AB is in non-attainment.
With implementation of the Air Quality Mitigation Agreement (Mitigation Measure 5.7.A.9), the
project fully mitigates ROG, NOx, and particulate matter, as shown in Table 5.7-22 (see page 5.7-72
in Chapter 1 of the Final EIR) and Table 5.7-23 in Chapter 1 of the Final EIR (see pages 5.7-72 and
5.7-73 in Chapter 1 of the Final EIR).
The Air Quality Mitigation Agreement obligates the project applicant and the SJV APCD to fully
mitigate the net air quality nonattainment criteria pollutant impacts of the Project as quantified in the
air quality assessment prepared for the project. Full mitigation is accomplished through the removal
or retrofitting of stationary and/or mobile source equipment such that the project emissions will result
in no net increase in nonattainment air quality impacts over those nonattainment air quality impacts,
which would otherwise exist without the development of the project.
The reduction of the project's direct and indirect emissions to a level that would be considered as no
net increase over the baseline conditions without the project also reduces any associated health affects
that may result from the project's contribution of the identified criteria pollutants. These health
effects are discussed above as well as throughout the EIR. These effects would not occur as a result
of the project or would be reduced upon implementation of the Voluntary Air Quality Mitigation
Agreement.
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ORIGINAL
Adverse Project-Specific and Cumulative Impact
Which Can Se Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
As set forth on pages 5.7-2 through 5.7-4 of the Final EIR, the air quality assessment undertaken to
analyze the project's direct and indirect effects on air quality was the product of extensive
collaboration with the SJV APCD. The SJV APCD was heavily involved the in the preparation of the
technical studies and analyses of the project's air quality impacts. The SJV APCD approved all of the
protocols and technical studies underlying the Final EIR. In its comment letter on the Draft EIR, the
SN APCD stated as follows:
· The methodology used in preparation of the Air Quality Assessment and Air Quality Analysis
in the DEIR is correct;
· The types and quantities of net air quality impacts associated with the project is correctly stated
in the Air Quality Assessment and DEIR;
· The Developer has voluntarily entered into a contractual agreement (Development Mitigation
Contract), with the District to fully mitigate the project's potential impact in air quality;
· The mitigation measures identified in the Air Quality Assessment and DEIR are appropriate
and adequate to mitigate the air quality impacts associated with the project; and
· The Developer has identified emission reduction opportunities and provided funding to the
District such that the air quality impacts associated with the project will be fully mitigated, as
contemplated in the above-referenced Development Mitigation Contract.
Therefore, changes or alterations have been required in, or incorporated into, the project which avoid
or substantially lessen the significant environmental effects of the project, and the project's
contribution to direct and cumulative impacts is less than significant with mitigation.
In 2006 the SJV APCD and the project developer executed the Air Quality Mitigation Agreement for
the project, which is contained in Appendix G-4 of the technical appendices ofthe EIR. The
SN APCD approved the execution of this Air Quality Mitigation Agreement at a public board
meeting in the fall, 2006. Pursuant to the Air Quality Mitigation Agreement, the project developer
has already provided funding to the SJV APCD to fund measures and programs to mitigate all project
non-attainment criteria emissions to net zero. The Air Quality Mitigation Agreement is a binding
contract and pursuant to Mitigation Measure 5.7.A.9, proof ofthe Mitigation Agreement must be
provided to the City prior to the recordation of the final map. As stated above, the proj ect developer
and the SJV APCD have already executed the Mitigation Agreement, and the project developer has
already provided funding to the SJV APCD to commence implementation of the emissions reductions
programs.
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The SJV APCD has a successful track record implementing such Air Quality Mitigation Agreements.
The SJV APCD has successfully implemented Air Quality Mitigation Agreements with Tejon
Industrial Corporation, and Castle & Cooke Commercial. In addition, in Center for Biological
Diversity v. County of Kern (Case No. F050685), the Fifth District Court of Appeal upheld and
affirmed Kern County Superior Court determination that SJV APCD Air Quality Mitigation
Agreements are effective design features and/or mitigation measures that eliminate a project's criteria
air emissions to net zero. Accordingly, implementation of the Air Quality Mitigation Agreement is
expected to achieve full mitigation of the project's criteria pollutant air impacts. (see pages 5.7-71
through 5.7-75 of the EIR and Appendix G-5.)
Reference: Pages 5.7-57 through 5.7-75; 5.7-125 through 5.7-127 in Chapter 1 ofthe Final EIR,
Response to Comments E-l, 1-2, 1-3, 1-5, W-lO, and W-14, and any documents referenced in or
incorporated by reference in Section 5.7, Air Quality, in Chapter 1 of the Final EIR.
2.5.2 - Cumulative
2.5.2.1 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative (short-term construction plus operational)
significant impact to the public and environment in the San Joaquin Valley Air Basin.
The combination of unmitigated project related pollutants with pollutants from other sources within
the basin would cumulatively contribute to a significant impact. Cumulative unmitigated construction
emissions are displayed in Table 5.7-15 in Chapter 1 of the Final EIR. The average construction
emissions for the project and Gosford Village Shopping Center are presented. The cumulative
construction emissions for the list of project was estimated for 2009. Cumulative unmitigated
operational emissions are displayed in Table 5.7-16 in Chapter 1 of the Final EIR. These emissions
may be overstated due to the fact that the list includes many discretionary projects that are subject to
mitigation measures which have yet to be determined. Without design features or mitigation
measures, these emissions are cumulatively considerable due to indirect source emissions and are
therefore considered, according to GAMAQI, to be significant.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
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Facts in Support of Finding
The potentially significant cumulative environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
Implementation of Mitigation Measure 5.7.A.l through 5.7.A.9 identified above for the project-
specific impact, are required.
Cumulative construction emissions after the implementation of the above mitigation measures are
displayed Table 5.7-24 (see page 5.7-74 in Chapter 1 ofthe Final EIR) and cumulative operational
emissions are displayed in Table 5.7-25 in Chapter 1 of the Final EIR(see pages 5.7-74 and 5.7-75 in
Chapter 1 of the Final EIR). As shown in the tables, the above mitigation measures fully reduces
project emissions of ozone precursors and particulate matter to no net increase.
The Air Quality Mitigation Agreement was recommended to be utilized as a design feature/mitigation
measure by the SJV APCD in its comments on the NOP for the project. The Air Quality Mitigation
Agreement was selected as the primary project design/mitigation measure for the project because it is
the most innovative mitigation tool utilized by the SJV APCD. While similar to the SJV APCD's new
Indirect Source Rule (Rule 9510) (ISR), the Air Quality Mitigation Agreement achieves full
mitigation of the project's impacts to non-attainment criteria pollutants. Accordingly, implementation
of the Air Quality Mitigation Agreement eliminates cumulative emissions to the extent the project
achieves net zero emissions from mitigation offsets.
Reference: Pages 5.7-57 through 5.7-75; 5.7-125 through 5.7-127; in Chapter 1 of the Final EIR,
Response to Comments E-l, 1-2, 1-3, 1-5, W-I0, and W-14, and any documents referenced in or
incorporated by reference in Section 5.7, Air Quality, in Chapter 1 of the Final EIR.
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Impact 5.7.C
The proposed project may violate an air quality standard or contribute substantially
to an existing or projected air quality violation and therefore will expose sensitive
receptors to substantial pollutant concentrations.
2.5.3 - Cumulative
2.5.3.1 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant impact to sensitive receptors.
Potential cumulative impacts from the project, Gosford Village Shopping Center, and 275 other
stationary source projects within a six-mile radius of the project were predicted using the U.S. EPA
AERMOD atmospheric dispersion model.
The modeling shows that the particulate matter background concentrations already exceed the State
standards without any new projects. On this basis, the project's incremental contribution of
particulate matter would be considered significant within the six-mile radii.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant cumulative environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
Mitigation measures 5.7.A.l through 5.7.A.9 are required. In addition, the following measures are
required.
5.7.C.1
The California Air Resources Board, in Title 13, Chapter 10, Section 2485, Division 3 of
the California Code of Regulations, imposes a requirement that heavy-duty trucks
transporting materials to the project tenants shall not idle for greater than five minutes.
Accordingly, all diesel delivery trucks servicing the project shall not idle more than five
minutes per truck trip per day. Wal-Mart's truck fleet has automatic shut-off systems that
automatically turn the vehicles off when the vehicle has been idling for more than three
minutes. Signs that state, "no idling" shall be posted at all the loading docks in a visible
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location. The store managers and/or personnel shall communicate this restriction to the
truck drivers as needed.
5.7.C.2
In the delivery loading areas, electrical hookups shall be provided to allow for
supplementing power for future tenants that may require transportation refrigeration units
to deliver supplies.
5.7.C.3
The maintenance and testing of the standby emergency generator shall not exceed more
than one hour on any given day or more than 50 hours per year. Logs shall be maintained
and retained subject to review by the San Joaquin Valley Air Pollution Control District.
The discussion set forth in connection with Mitigation Measure 5.7.A.9 in the Final EIR is
incorporated here by reference. The Air Quality Mitigation Agreement is the primary project design
strategy/mitigation for the project to reduce the project's non-attainment criteria pollutant emissions
to net zero. Therefore, with mitigation the project would not contribute to cumulative particulate
matter concentrations within the six mile radius cumulative study area.
In 2006 the SJV APCD and the project developer executed the Air Quality Mitigation Agreement for
the project, which is contained in Appendix G-4 of the technical appendices in Chapter 1 of the Final
EIR. The SJV APCD approved the execution of this Air Quality Mitigation Agreement at a public
board meeting in the fall, 2006. Pursuant to the Air Quality Mitigation Agreement, the project
developer has already provided funding to the SJV APCD to fund measures and programs to mitigate
all project non-attainment criteria emissions to net zero. The Air Quality Mitigation Agreement is a
binding contract and pursuant to Mitigation Measure 5.7 .A.9, proof of the Mitigation Agreement must
be provided to the City prior to the recordation of the final map. As stated above, the project
developer and the SJV APCD have already executed the Mitigation Agreement, and the project
developer has already provided funding to the SJV APCD to commence implementation of the
emissions reductions programs.
The SJV APCD has a successful track record implementing such Air Quality Mitigation Agreements.
The SJV APCD has successfully implemented Air Quality Mitigation Agreements with Tejon
Industrial Corporation, and Castle & Cooke Commercial. In addition, in Center for Biological
Diversity v. County of Kern (Case No. F050685), the Fifth District Court of Appeal upheld and
affirmed Kern County Superior Court determination that SJV APCD Air Quality Mitigation
Agreements are effective design features and/or mitigation measures that eliminate a project's criteria
air emissions to net zero. Accordingly, implementation of the Air Quality Mitigation Agreement is
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expected to achieve full mitigation of the project's criteria pollutant air impacts. (see pages 5.7-71
through 5.7-75 and Appendix G-5 in Chapter 1 ofthe Final EIR).
Reference: Pages 5.7-88 through 5.7-91 in Chapter 1 ofthe Final EIR; any and all documents
referenced in or incorporated by reference in Section 5.7, Air Quality, in Chapter 1 of the Final EIR.
Impact 5.7.H
The proposed project may contribute to global climate change.
2.5.4 - Cumulative
2.5.4.1 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant impact to global climate change.
The project participates in a potential impact to global climate change by its incremental contribution
combined with the cumulative increase of all other sources of greenhouse gases, which when taken
together form global climate change impacts.
The following discussion reviews the project's potential generation of greenhouse gases and its
incremental contribution to the cumulative effect of the greenhouse gases. A two-tiered approach is
used, as follows: 1) project inventory of greenhouse gas emissions; and 2) project compliance with
the emission reduction strategies contained in the California Climate Action T earn's Report to the
Governor.
Greenhouse Gas Inventory. The emissions are estimated in tons per year, which are converted to
teragrams of carbon dioxide equivalents (Tg CO2 Eq.) using the formula: Tg CO2 Eq. = (tons of gas)
x (GWP) x (0.902 metric tons of gas) x (1,000,000). One Tg is equal to one million metric tons. The
global warming potential (GWP) for the gases assessed are located in Table 5.7-4 in Chapter 1 ofthe
Final EIR.
Note that emissions models such as EMF AC and URBEMIS evaluate aggregate emissions and do not
demonstrate, with respect to a global impact, how much of these emissions are "new" emissions
specifically attributable to the proposed project in question. For most projects, the main contribution
of greenhouse gas emissions is from motor vehicles, but how much of those emissions are "new" is
uncertain. New projects do not create new drivers. Some mixed use and transportation-oriented
projects can actually reduce the number of vehicle miles traveled that a person drives; this reduction
is not typically discussed in CEQA documents. Therefore, it is anticipated that the project will not
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Adverse ProJect-Speclflc and Cumulative Impact
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'d'ng Considerations
substantially add to the global inventory of greenhouse gas emissions. This is especially true
considering that the project is adding retail uses next to residential uses. Nevertheless, greenhouse
gas emissions are estimated using procedures similar to those for criteria pollutants. Thus, the
greenhouse gas emissions attributable to the project are likely significantly overstated.
The primary greenhouse gas generated by the project would be carbon dioxide. At buildout, total
unmitigated carbon dioxide equivalents would be 0.03 Tg C02 Eq., which is 0.006 percent of
California's 2004 emissions ((0.03 Tg C02 Eq. divided by 492 Tg C02 Eq. = 0.00006 * 100 = 0.006
percent). The City of Bakersfield and the San Joaquin Valley Air Basin currently do not have
greenhouse gas inventories. Other related projects include the Gosford Village Shopping Center,
which estimated approximately 0.05 Tg C02 Eq. at buildout. Therefore, those inventories combined
equal 0.08 Tg C02 Eq, which is 0.02 percent of California's GHG emissions in 2004. The project
inventory is 0.0004 percent of2005 U.S. emissions (7260.4 Tg C02 Eq.) and 0.0001 percent of
reported 2004 global emissions (20,135 Tg C02 Eq.).
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant cumulative environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the fact that the project is compliant with
the applicable 2006 CAT Greenhouse Gas Emission Reduction Strategies. In addition, the following
mitigation measures have also been added and incorporated into the project.
Mitigation measures 5.7.A.l through 5.7.A.9 and 5.7.C.1 through 5.7.C.3 are required as well as the
following.
5.7.H.1
Wal-Mart, Lowe's, and Office Depot shall join the California Climate Action Registry
(www.climateregistry.org) to report a minimum of one year of greenhouse gas emissions.
This measure shall be fulfilled prior to one year after proj ect approval.
5.7.H.2
The applicant shall become a "Forest Founder" of the Tree Foundation of Kern and/or the
Kern River Parkway Foundation. The applicant shall purchase 1,000 trees at $50 per tree
to be planted within Kern County over the next 10 years. The Tree Foundation of Kern
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Adverse Project-Specific and Cumulative Impact
Which Can Se MItigated to a Level of Insignificance
and/or the Kern County River Foundation shall provide appropriate documentation
regarding the plan for tree planting and the phasing of the tree planting.
5.7.H.3
To increase water use efficiency and decrease waste, the following shall be installed:
· Automatic shut offvalves shall be installed in all project restrooms;
· "Save Water" type signs shall be placed near water faucets; and
· During operation, Lowe's, Wal-Mart, and Office Depot shall have recycling
programs to ensure that items that are recyclable (i.e., cardboard boxes and paper)
are recycled using appropriate City guidelines and recycling procedures.
California Governor Arnold Schwarzenegger announced on June 1, 2005 through Executive
Order S-3-05, GHG emission reduction targets as follows: by 2010, reduce GHG emissions to 2000
levels; by 2020, reduce GHG emissions to 1990 levels; by 2050, reduce GHG emissions to 80 percent
below 1990 levels. Some literature equates these reductions to 11 percent of the current GHG
emissions by 2010 and 25 percent ofthe current GHG emissions by 2020.
AB-32 requires that by January 1, 2008, CARB shall determine what the statewide greenhouse gas
emissions level was in 1990, and approve a statewide greenhouse gas emissions limit that is
equivalent to that level, to be achieved by 2020. While the level of 1990 GHG emissions has not
been approved on this date, other publications indicate that levels varied from 425 to 468 Tg CO2 Eq.
(CEC 2006). In 2004, the emissions were estimated at 492 Tg CO2 Eq.
Under AB 32, CARB has the primary responsibility for reducing GHG emissions. However, the
CAT Report contains strategies that many other California agencies can take. The 2006 CAT Report
strategies that apply to the project are contained in Table 5.7-44 in Chapter 1 of the Final EIR. As
shown in the table, the project complies with all feasible and applicable measures to bring California
to the emission reduction targets.
Thus, the project after mitigation, is consistent with the strategies to reduce California's emissions to
the levels proposed in Executive Order S-3-05. Therefore, the project's incremental contribution to
cumulative climate change impacts, after mitigation, is less than significant.
Mitigation Measure 5.7.A.9 will offset ozone precursor emissions to zero. While the CARB's
position on ozone precursors is that it is difficult to make an accurate determination of the
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CEQA Findings of Fact and
Statement of Overriding Considerations
contribution of ozone precursors (NOx and ROG) to global warming, Mitigation Measure 5.7.A.9
completely eliminates the potential of ozone as a project contribution to climate change. Therefore,
project emissions, including ozone precursors, would not significantly contribute to global climate
change after the implementation of the above mitigation measures.
Reference: Pages 5.7-41 through 5.7-51; 5.7-109 through 5.7-122; and 5.7-125 through 5.7-127 in
Chapter 1 of the Final EIR, Response to Comment KK-15, and any documents referenced in or
incorporated by reference in Section 5.7, Air Quality, in Chapter 1 of the Final EIR.
2.6 - NOISE
Impact 5.8.0
Construction activities associated with the proposed project may result In
substantial temporary or periodic Increases In ambient noise levels.
2.6.1 - Project-Specific
2.6.1.1 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific significant impact to sensitive receptors in
proximity to the construction site.
Excessive noise levels resulting from construction activities would occur only in the daytime hours
because the City's standards exempt construction noise if construction activities are limited to the
hour of 6:00 a.m. to 9:00 p.m., Monday through Friday and 8:00 a.m. to 9:00 p.m. weekends and
require construction to take place during these time periods (Bakersfield Municipal Code Section
9.22.050). Construction noise would last the duration of construction, although it would be the most
noticeable during the initial months of site intensive grading and building construction. Noise
sensitive receptors in proximity to the construction site may experience excessive noise levels
resulting from construction activities and could result in significant noise ,impacts.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(I), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
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Statement of OVe"'ding Considerations
Adverse Project-Specific and Cumulative Impact
Which Can Se Mitigated to a Level of Insignificance
Facts in Support of Finding
The potentially significant project-specific environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
5.8.0.1
Prior to grading-plan approval, the grading plans shall state that construction equipment
shall be equipped with mufflers and maintained in accordance with the equipments'
factory specifications. During construction activities, the construction equipment muffler
and maintenance records shall be onsite.
5.8.0.2
Prior to grading-plan approval, the grading-plans shall state that construction activities
associated with development of the project site would be required to be in conformance
with Section 9.22.050 of the City of Bakersfield Municipal Code which limits
construction to the hours of 6 a.m. to 9 p.m. on weekdays, and between 8 a.m. and 9 p.m.
on weekends, where construction occurs less than 1,000 feet from residences.
Compliance with the mitigation measures above wi11limit construction activities in conformance with
the City's Municipal Code as well as requiring the construction equipment be equipped with mufflers
and be maintained in accordance with the equipment's factory specifications. Theses two measures
will reduce temporary construction noise levels to less than significant.
Reference: Pages 5.8-25 through 5.8-27 in Chapter 1 ofthe Final EIR and any documents referenced
in or incorporated by reference in Section 5.8, Noise, in Chapter 1 of the Final EIR.
2.7 - PUBLIC SERVICES AND UTILITIES
Impact 5.12.C
The project would not result In substantial adverse physical Impacts associated
with the provision or need of new or physically altered school facilities, the
construction of which could cause significant environmental Impacts, in order to
maintain acceptable service ratios, response times or other performance
objectives.
2.7.1 - Project-Specific
2.7.1.1 - Potentially Significant Impact
The Final EIR identifies a potentially project-specific significant impact to K-12 school services.
In the worst-case scenario, the project could indirectly cause the immigration of a maximum of 23
residents, based on the number of people that may move to the area to fill managerial positions
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
created by the project. This increase may create a demand for housing that may include school age
children, which would indirectly create a demand for school services.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(I), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant project-specific environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
5.12.C.1
The project developer shall pay applicable SB 50 Levell impacts fees at the time of
issuance of building permits in accordance with the statutory rate then in effect.
In accordance with Section 65995 of the California Government Code, the project applicant will be
required to pay a school impact fee. Impact fees are determined by the findings of the annual School
Facilities Needs Analyses prepared by each school district throughout the State. Therefore, the
applicant will be required to pay the school impact fee as published at the time ofproject
commencement. As cited in the Government Code, the payment of the statuary fee, "is deemed to be
full and complete mitigation of the impacts of any legislative or adjunctive act, or both involving, but
not limited to, the planning, use, or development of real property, or any change in governmental
organization or reorganization."
Reference: Pages 5.12-12 through 5.12-13 in Chapter 1 of the Final EIR.
2.7.2 - Cumulative
2.7.2.1 - Potentially Significant Impact
The Final EIR identifies a potentially cumulative significant impact to K-12 school services.
The proposed project will potentially result in a demand for school services. Any project-specific
demands would contribute to a cumulative demand for K-12 school services in the project area.
Thus, the project will contribute to a cumulative demand for school services.
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CEQA Findings of Fact and
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Which Can Be Mitigated to a Level of Insignificance
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR.
Facts in Support of Finding
The potentially significant cumulative environmental effect has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the project.
Implementation of Mitigation Measure 5.12.C.1 identified above for the project-specific impact, is
required.
As noted above, in accordance with Section 65995 of the California Government Code, the project
applicant will be required to pay a school impact fee. Impact fees are determined by the fmdings of
the annual School Facilities Needs Analyses prepared by each school district throughout the State.
Therefore, the applicant will be required to pay the school impact fee as published at the time of
project commencement. As cited in the Government Code, the payment ofthe statuary fee, "is
deemed to be full and complete mitigation of the impacts of any legislative or adjunctive act, or both
involving, but not limited to, the planning, use, or development of real property, or any change in
governmental organization or reorganization."
Reference: Pages 5.12-12 through 5.12-13 in Chapter 1 ofthe Final EIR.
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Adverse Project-Specific and Cumulative Impacts
Which Cannot Se Mitigated to a Level of Insignificance
SECTION 3:
ADVERSE PROJECT-SPECIFIC AND CUMULATIVE IMPACTS WHICH CANNOT
BE MITIGATED TO A LEVEL OF INSIGNIFICANCE
The Final EIR identified cumulative traffic and project-specific air quality impacts of the proposed
project that can not be mitigated to less than significant.
The significant and unavoidable cumulative traffic impacts include two intersections and five
roadway segments.
The significant and unavoidable project-specific air quality impact is a possible short-term air quality
violation due to construction activities that occurred in 2003 which involved extensive grading
operations that caused the emission of fugitive dust in addition to the particulate matter emissions
from construction vehicle exhaust.
The Bakersfield City Council fmds, based on the facts set forth in the record, which include but are
not limited to the facts as set forth below, those facts contained in the Final EIR, and any other facts
set forth in materials prepared by the City and/or City consultants, that there are no feasible additional
roadway improvements beyond those identified in Table 5.6-15 in Chapter 1 of the Final EIR that can
mitigate those intersections and roadway segments that are discussed below and which cannot be
mitigated to less than significant levels. Any additional improvements beyond those identified in the
Final EIR would create negative impacts across a broad segment of environmental, economic, legal,
and social areas and would create other more significant collateral traffic impacts.
Additionally, no feasible mitigation measures, changes, or alterations are available to reduce the
short-term air quality violation that occurred in 2003 as a result of the previous grading of the project
site.
Therefore, as outlined in Public Resources Code section 21 081 (b) and CEQA Guidelines section
15093, the project will require a Statement of Overriding Considerations for cumulative adverse
traffic impacts and a project-specific short-term (2003) air quality impact (see Attachment A).
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Which Cannot Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'ding Considerations
3.1 - TRANSPORTATION
Impact 5.6.A
The project would cause an Increase In traffic which Is substantial In relation to the
existing traffic load and capacity of the street system, or Individually or
cumulatively exceed a LOS standard established by the county congestion
management agency for designated roadways or highways.
3.1.1 - Cumulative
3.1.1.1 - Potentially Significant and Unavoidable Impact
The Final EIR identifies a potentially significant and unavoidable cumulative impact to two city
intersections, and two city roadway segments.
For purposes of a cumulative impacts analysis, the traffic analysis assumes that all related projects for
which land use applications have been filed or that have been publicly announced, are ultimately
approved by the City or County and will be constructed and operational by 2030, the year for which
the cumulative analysis was performed. These projects are reflected in the 2030 time horizon and are
included in this study even though many ofthese projects are in the embryonic stage, and even
though it is probable that many of these projects either will not be built, will be built at lower
densities planned at this time, and will also be subject to their own project-specific mitigation
measures and/or design features that will mitigate such projects' impacts.
Based on the speculative and highly conservative projections of potential 2030 traffic volumes, the
following two city intersections and two city roadway segments were determined to potentially
operate at deficient levels of service at 2030 after mitigation. Since the proposed proj ect would
contribute traffic volumes to these city intersections and city roadway segments, the project is
considered to contribute to a significant cumulative traffic impact at these projected 2030 deficient
city intersections and city roadway segments:
City Intersections
· Wible Road at White Lane (Evening peak hour LOS F, Saturday peak hour LOS D); and
· Wible Road at Panama Lane (Morning peak hour LOS F, Saturday peak hour LOS F).
City Roadway Segments
· Panama Lane - Wible Road to SR-99 (LOS E); and
. White Lane - Stine Road to Wible Road (LOS D).
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CEQA Findings of Fact and
Statement of Ove"'dlng Considerations
Adverse Project-Specific and Cumulative Impacts
Which Cannot Se Mitigated to a Level of Insignificance
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(l), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the environmental effect as
identified in the Final EIR.
Pursuant to CEQA Guidelines Section 15091 (a)(3), specific economic, legal, social, technological or
other considerations, including provision of employment opportunities for highly trained workers,
make infeasible mitigation measures identified in the Final EIR.
Although changes or alterations have been required in, or incorporated into, the project which avoid
or substantially lessen the significant environmental effect identified in the Final EIR (as discussed
above), there are no feasible mitigation measures which can mitigate these impacts to a level of less
than significant. Pursuant to CEQA Guidelines Section 15093, therefore, the City has balanced the
benefits of the project against its unavoidable environmental risks and has determined that this impact
is acceptable for the reason stated in the Statement of Overriding Considerations in Attachment A.
Facts in Support of Findings
Pursuant to CEQA Guidelines Section 15901 (a)(I), changes or alterations have been required in, or
incorporated into, the project, which lessen the cumulative effect on the two identified city
intersections in the year 2030 to the maximum extent feasible by virtue of implementation of the
mitigation measures identified in the Final EIR. However, the project's contribution to cumulative
traffic at the two city intersections would still be considered significant and unavoidable.
The improvements to lessen the significant impacts at the two city intersections (see Table 2.4-1) are
part oftwo separate transportation impact fee programs (i.e., the Local Mitigation Impact Fee
Program and Regional Transportation Impact Fee Program). The following improvements are part of
Mitigation Measures 5.6.A.1 and 5.6.A.2 described on pages 5.6-39 through 5.6-42 in Chapter 1 of
the Final EIR.
Intersection Improvements under the Local Mitigation Impact Fee Program
(Mitigation Measure S.6.A.l)
· Wible Road and White Lane - 1 eastbound right turn lane, 1 northbound through lane, and 1
southbound through lane
· Wible Road and Panama Lane - 1 westbound left turn lane, 1 westbound right turn lane, 2
southbound through lanes
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ORIGINAl
Adverse Project-Specific and Cumulative Impacts
Which Cannot Se Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'ding Considerations
Intersection Improvements under the Regional Transportation Impact Fee Program
(Mitigation Measure 5.6.A.2)
· Wible Road and Panama Lane - 1 eastbound through lane, 1 eastbound right lane, 1
northbound left lane, 1 northbound through lane
City Roadway Segments and Intersections
No additional improvements are recommended for the local, city intersections and city roadway
segments listed above (i.e., non SR-99 impacts) because further improvements would create negative
impacts across a broad segment of environmental, economic, legal, and social areas, and would create
other, more significant, collateral traffic impacts.
Additional roadway improvements beyond those identified in Table 5.6-15 in Chapter 1 of the Final
EIR would not be feasible because they would require roadway widening and other forced
acquisition/condemnation actions, as well as other improvements, that would create greater
significant adverse impacts on environmental areas such as land use, aesthetics, safety, and noise. In
addition, given the economic, legal, and social costs ofthe mitigation that would be necessary, it
would not be feasible to require this mitigation based on what are highly conservative projections of
potential 2030 cumulative-year impacts. CEQA Guideline Section 15364 defines "feasible" as
capable of being accomplished in a successful manner within a reasonable period of time, taking into
account economic, environmental, legal, social, and technological factors. Given the use of eminent
domain that would be required for additional mitigation measures, and given the fact that this eminent
domain would be exercised on what are highly conservative assumptions about 2030 future
development, any additional mitigation would not be feasible at this time.
The cumulative impacts analysis in this Final EIR is particularly conservative in that the cumulative
impacts analysis includes two projects (Gateway and Flying Seven Ventures) that would add, as
currently planned, 25,000 single and multifamily residential dwelling units and tens of millions of
square feet of commercial uses, which are at very early stages of their planning. This conservative
analysis and the inclusion of these two projects is largely responsible for the significant impacts at the
impacted City intersections and roadway segments at the 2030 time horizon. Any additional
widening beyond that already contemplated in this Final EIR and the City's General Plan would
involve either the exercise of eminent domain and demolition of portions of numerous single-family
residences which front lengthy portions of streets, such as the segment of White Lane identified
above, and/or significant takings of residential lawns and setbacks otherwise required by City Code.
The required eminent domain actions and/or significant exactions, could likely not be accomplished
successfully, and within a reasonable period of time, given that several residential homes would need
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to be taken on the mere assumption that two projects, which are at very early stages of their planning,
would be built, and would, in fact, create the conservative 2030 traffic projections outlined here.
Given the social and legal ramifications of exercising eminent domain actions, it is generally not the
lead agency's practice to exercise eminent domain to undertake roadway improvements that exceed
City design standards and which are based on long-term highly conservative cumulative impact
projections. h1 addition, roadway widening and infrastructure improvements that would have a
greater footprint than the design standards contained within the City's General Plan would be
inconsistent with the City's General Plan. Accordingly, exercising eminent domain based on such
conservative projections would not be socially or economically feasible at this time.
Any additional mitigation is infeasible because it would create new adverse environmental impacts.
Altering the physical character of such residences by eliminating front yards and establishing right of
way within several feet of residential dwellings would not only create adverse land use, aesthetic, and
noise impacts (by bringing traffic closer to residences), but would have adverse collateral effects on
traffic. The only possible improvements, such as the over-sizing of the identified intersections
through establishment of triple-left hand turning lanes, are undesirable from a public safety and health
and welfare standpoint. Triple-left hand turning movements typically account for a high percentage
of vehicle accidents because the middle lane turning movement is tightly constrained and cannot fade
into adjacent lanes. Furthermore, additional turning movements or lanes would increase the width of
the intersections or roadways, and therefore, increase the length of time for pedestrians to cross the
intersections or roadways. This would likely require the alteration of signal timing for the
intersections, which would in turn cause other operational issues that degrade other parts of the
circulation system. h1 addition, forced acquisitions beyond City standards at intersections can also
create significant parking and ingress and egress problems. For example, the intersection at Wible
Road and Panama Lane contains business uses and parking fields immediately adjacent to the
currently existing right of way. Widening beyond the standards set forth in the General Plan would
eliminate parking and would negatively impact ingress and egress.
References: Pages 5.6-21 through 5.6-45 in Chapter 1 of the Final EIR; City Staff Report and related
attachments dated September 20,2007; any and all documents and material referenced in Section 5.6,
Traffic and Circulation, in Chapter 1 of the Final EIR, and the comment letters received by Caltrans
in Chapter 2 of the Final EIR.
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ORIGINAL
Adverse Project-Specific and Cumulative Impacts
Which Cannot Se Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
3.1.1.2 - Potentially Significant and Unavoidable Impact
The Final EIR identifies a potentially significant and unavoidable cumulative impact to three SR-99
freeway segments.
For purposes of a cumulative impacts analysis, the traffic analysis assumes that all related projects for
which land use applications have been filed or that have been publicly announced, are ultimately
approved by the City or County and will be constructed and operational by 2030, the year for which
the cumulative analysis was performed. These projects are reflected in the 2030 time horizon and are
included in this study even though many of these projects are in the embryonic stage, and even
though it is probable that many of these projects either will not be built, will be built at lower
densities planned at this time, and will also be subject to their own project-specific mitigation
measures and/or design features that will mitigate such projects' impacts.
Based on the highly conservative projections of potential 2030 traffic volumes, the following three
SR-99 freeway segments were determined to potentially operate at deficient levels of service at 2030
after mitigation. Since the proposed project would contribute traffic volumes to these freeway
segments, the project is considered to contribute to a significant cumulative traffic impact at these
projected 2030 deficient SR-99 freeway segments:
· SR-99 - Ming Avenue to White Lane (LOS F);
· SR-99 - Panama Lane to White Lane (LOS F);
· SR-99 - Panama Lane to Taft Highway (LOS F);
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the environmental effect as
identified in the Final EIR.
Pursuant to CEQA Guidelines Section 15091 (a)(3), specific economic, legal, social, technological or
other considerations, including provision of employment opportunities for highly trained workers,
make infeasible mitigation measures identified in the Final EIR.
Although changes or alterations have been required in, or incorporated into, the project which avoid
or substantially lessen the significant environmental effect identified in the Final EIR (as discussed
above), there are no feasible mitigation measures which can mitigate these impacts to a level ofless
than significant. Pursuant to CEQA Guidelines Section 15093, therefore, the City has balanced the
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CEQA Findings of Fact and
Statement of Ove"idlng Considerations
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Which Cannot Se Mitigated to a Level of Insignificance
benefits of the project against its unavoidable environmental risks and has determined that this impact
is acceptable for the reason stated in the Statement of Overriding Considerations in Attachment A.
Facts in Support of Findings
Pursuant to CEQA Guidelines Section 15901 (a)(I), changes or alterations have been required in, or
incorporated into, the project, which lessen the cumulative effect on the three SR-99 freeway
segments in the year 2030 to the maximum extent feasible by virtue of implementation of the
mitigation measures identified in the Final EIR. However, the project's contribution to cumulative
traffic at the three SR-99 freeway segments would still be considered significant and unavoidable.
Changes and or expansions to the SR-99 Freeway mainline are not within the jurisdiction of the City
of Bakersfield. Rather, those improvements are planned, funded, and constructed by the State
through a complicated legislative and political process involving the State Legislature, the California
Transportation Commission (CTC), the California Business Transportation and Housing Agency, and
the California Department of Transportation (Caltrans).
In California, most State Highway System Improvements are programmed through two documents,
the State Transportation Improvement Program (STIP) or the State Highway Operation and
Protection Program (SHOPP). State and federal fuel taxes generate most of the funds used to pay for
these improvements. Funds expected to be available for transportation improvements are identified
through a Fund Estimate prepared by Caltrans and adopted by the CTC. These funds, along with
other fund sources, are deposited in the State Highway Account to be programmed and allocated to
specific project improvements in both the STIP and SHOPP by the CTC.
The STIP is built from Regional Transportation Improvement Programs (RTIPS) proposed by
Regional Transportation Planning Agencies (RTP As/MPOs) throughout California and the
Interregional Transportation Improvement Program (ITIP) proposed by Caltrans. Of the funds made
available by the CTC for the STIP, 25 percent is made available for Caltrans to propose expansion
and capacity-enhancing improvements on the statutorily designated Interregional Road System.
Seventy-five percent of the funds are made available to the RTPAslMPOs to propose all types of
improvements on all other State Highway System Roads, other non-State highway roads eligible to
use federal funds, and on the Interregional Road System. Transportation funds generally come from a
variety of sources including National Highway System funds, state fuel taxes, federal fuel taxes, sales
taxes on fuel, truck weight fees, roadway and bridge tolls, user fares, local sales tax measures,
development fees, where applicable, bond revenues, and state and local general and matching funds.
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Adverse Project-Specific and Cumulative Impacts
Which Cannot Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'d'ng Considerations
Improvements to State highway systems are deemed to be matters of federal, State, regional and local
concern. On the federal level, the City, through its Congressional delegation, has aggressively sought
federal monies for regional roadway improvements. Indeed, in 2006, Congress allocated over $630
million towards regional transportation facilities located within the City. The Safe, Accountable,
Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU), was signed into
law on Aug. 10,2005. Seven hundred, twenty-two million dollars were earmarked by Congressman
William Thomas for local transportation improvement projects, with $630 million allocated for
projects in the Greater Bakersfield area. This amount will be used to fund regional transportation
projects that will greatly improve the transportation infrastructure in the Metropolitan Bakersfield
area. On the State level, Caltrans has approved the SR-99 Corridor Enhancement Master Plan and the
SR-99 Business Plan, which are intended to provide a valley-wide blueprint to enhance SR-99 as
development occurs within the Central Valley. In addition, in 2005, Governor Schwarzenhager,
through Executive Order S-5-05, established the California Partnership for the San Joaquin Valley
(San Joaquin Valley Partnership), which is an intra-agency task force comprised of State, regional
and local officials tasked with establishing strategic proposals to accommodate growth in the Central
Valley occurring in the next twenty years. The San Joaquin Valley Partnership works closely with
Caltrans and the Highway 99 Task Force established by the Great Valley Center to monitor
improvements needed on SR 99 to accommodate future growth. More recently, in November 2006,
the State voters approved Statewide proposition IB, which provided for a Statewide bond issuance of
$19 billion for transportation infrastructure improvements. On the local level, the City, through its
Circulation Element contained within its General Plan, maintains numerous policies whereby the City
commits to working closely with KernCOG and Caltrans on identifying needed improvements to SR-
99. In addition, Councilmember Susan Benham has been appointed by the Governor to serve on the
San Joaquin Valley Partnership, which is a comprehensive intra-jurisdictional program designed to,
among other tasks, work with local, regional, and statewide issues on transportation issues.
Neither the State nor any other state agency such as Caltrans currently has a development impact fee
program for the construction of the required mainline improvements at the 2030 time horizon; nor is
there currently any mechanism in place that would ensure that funds contributed to Caltrans or to the
State to ameliorate impacts on freeway mainlines will be used for their intended purpose. In addition,
because SR-99 is controlled exclusively by the State, there is no mechanism by which the City can
construct or guarantee the construction of any improvements to SR-99. (Conversation with Caltrans
District 6 Staff, January 23,2007.)
The Traffic Study prepared for the project concluded that three segments of SR-99 (Ming Avenue -
White Lane, White Lane - Panama Lane, and Panama Lane - Taft Highway) would operate at LOS F
even without the project at the cumulative 2030 time horizon. The project's contributions to the
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"idlng Considerations
Adverse Project-Specific and Cumulative Impacts
Which Cannot Be Mitigated to a Level of Insignificance
cumulative impacts at the 2030 time horizon are relatively de minimis, involving only a small
percentage of the forecast traffic occurring on the identified segments at the 2030 time horizon. In its
SR-99 Business Plan, Caltrans has identified the phased widening of SR-99 from Bear Mountain
Boulevard to approximately Wilson as eight lanes as a Priority Category 2 program. In its Circulation
Element, the City has committed to working with Caltrans and KernCOG in participating in travel
demand studies applicable to freeway mainlines. In addition, in its SR-99 Business Plan, Caltrans has
recognized that development funding has a role to play toward funding a fair share of impacts to SR-
99:
There is a recognition that the development community has a role toward funding a fair share
of impacts to Route 99. Caltrans and local agencies should work together toward agreements
on policies that address appropriate developer funding responsibility. The development
community has a role in participating in the funding of mainline improvements as well as
interchange needs of Route 99. This would be a fair share based upon analysis of direct
impacts attributable to each new development. As an example, this could take the form of
direct fmancial contribution, right of way dedication, or participation in local or regional fee
program. These are details that will need to be refined on a local agency-by-agency basis
(SR-99 Business Plan, p. 40.).
As set forth above, currently Caltrans has not entered into any agreement with the City nor has
Caltrans adopted a program by which Caltrans can ensure that developer fair share contributions will
assist in the funding of identified improvements to SR-99. Indeed, Caltrans has typically taken the
position that State fuel taxes are and will continue to serve as the primary mechanism by which
mainline improvements are funded. Nevertheless, consistent with Caltrans SR-99 Business Plan, and
consistent with the City's Circulation Element, the following mitigation measures are adopted:
5.6.A.3
City shall participate in a multi-jurisdictional effort with Caltrans and KernCOG to
develop a study to identify fair share contribution funding sources attributable to and paid
from private and public development to supplement other regional and State funding
sources necessary to implement the Kern County improvements identified by Caltrans in
its SR-99 Business Plan. The study shall include fair share contributions related to
private and or public development based on nexus requirements contained in the
Mitigation Fee Act (Govt. Code Section 66000 et seq.) and 14 Cal. Code of Regs.
Section 15126.4(a)(4) and, to this end, the study shall recognize the statewide and
regional contributions to impacts to SR-99 that are not attributable to local development
such that local private and public development are not paying in excess of such
developments' fair share obligations. The fee study shall also be compliant with
Government Code section 66001 (g) and any other applicable provisions of law. The
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Which Cannot Se Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"idlng Considerations
5.6.A.4
study shall set forth a timeline and other agreed-upon relevant criteria for implementation
of the recommendations contained within the study to the extent the other agencies agree
to participate in the fee study program.
The Traffic Study has concluded that the three identified segments of SR-99 will operate
at LOS F without the project at 2030. The project's contributions to traffic on these three
identified SR-99 segments will not cause a degradation of LOS below LOS F, but
nevertheless will contribute to cumulative congestion on these identified segments. In
the SR-99 Business Plan, Caltrans has identified concept facilities in metropolitan
Bakersfield which have been conceptually programmed to be constructed by 2030. In its
SR-99 Business Plan, Caltrans has recognized that even with the construction of the
identified concept facilities, many segments in the urban areas will continue to operate at
LOS F or E, but some may operate at LOS D. In its SR-99 Business Plan, Caltrans has
identified the phased, eight-lane widening of SR-99 from Bear Mountain Blvd. to Wilson
from its current status as a six-lane facility. The total project costs in 2007 dollars has
been identified as $57 million. Approximately eight and one-half miles of roadway exist
between Bear Mountain Blvd. and the Wilson. This equates to a cost of approximately
$6.7 million per mile. Of the eight and one half miles identified for improvement,
approximately 4.3 miles are impacted by the proposed project, for a total cost of
approximately $28.8 million. Using Caltrans' fair share formula, the project's
contribution to trips on this 8.5 miles of impacted segment amounts to 2.4% of the total
2030 volume. Again using Caltrans' fair share formula, this equates to a fair share
contribution of $691 ,440. Consistent with the SR-99 Business Plan's recognition that
development has a role in participating in the funding of mainline improvements, prior to
the issuance ofthe first building permit for the project, the project applicant shall pay
$691,440 to the City pro-rated among each developable parcel as its fair share
contribution to its cumulative impacts to the identified segments of SR-99 (Developer's
Fair Share Contribution). City shall hold Developer's Fair Share Contribution in trust
and shall apply Developer's Fair Share Contribution to any fee program adopted or
agreed upon by the City, KernCOG and Caltrans as a result of implementation of
Mitigation Measure 5.6.A.3. In addition, the project applicant shall provide an
irrevocable offer of dedication to Caltrans for approximately 1,000 linear feet of right-of-
way along the western property line to facilitate Caltrans' long-term facilities' plans that
identify the need for potential ramp metering on the northbound Panama Lane on-ramp to
SR-99, when required. The project applicant shall be entitled to an offset of the
Developer's Fair Share Contribution based on the value of the land conveyed.
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"idlng Considerations
Adverse ProJect-Speclflc and Cumulative Impacts
Which Cannot Se Mitigated to a Level of Insignificance
Implementation of Mitigation Measures 5.6.A.3 and 5.6.A.4 will not reduce the project's 2030
cumulative impacts to less than significant levels but can reasonably be expected to reduce adverse
impacts. While Caltrans has recognized that private development has a role to play in funding fair
share improvements to impacts to SR-99, neither Caltrans nor the State has adopted a program that
can ensure that locally-contributed impact fees will be tied to improvements to freeway mainlines and
only Caltrans has jurisdiction over mainline improvements. Because Caltrans has exclusive control
over state highway improvements, ensuring that developer fair share contributions to mainline
improvements are actually part of a program tied to implementation of mitigation is within the
jurisdiction of Caltrans, and Caltrans can and should work with the City, KemCOG and other
agencies to create the adoption of such mitigation programs.
In addition, state highway funding is an extraordinarily complex Statewide and regional problem that
the State has grappled with for decades. By definition, state highways are impacted by interstate,
Statewide and regional traffic. To this end, in early 2007, State Senator Alan Lowenthal (0, Long
Beach), Chair of the Senate Transportation Committee, held hearings on alternative funding
mechanisms for State highway improvements, including legislation that would allow private
companies to build and operate State highways. Several such proposals have been considered in
connection with SR-91 in Riverside and SR 125 in San Diego. The State Legislature, Caltrans, the
Executive Branch through Executive Order S-5-05, and public-private partnerships such as the
Highway 99 Task Force, are all engaged in multi-jurisdictional and creative solutions to feasibly
alleviating congestion on the State's highways. Finally, Caltrans has recognized that even with
construction of the concept facilities identified in the SR -99 Business Plan, many urban areas along
SR -99 will nevertheless operate at LOS E or LOS F.
References: Pages 5.6-21 through 5.6-49 in Chapter 1 of the Final EIR; City Staff Report and related
attachments dated September 20,2007; any and all documents and materials referenced in Section
5.6, Traffic and Transportation, in Chapter 1 of the Final EIR, and the comment letters received by
Caltrans in Chapter 2 of the Final EIR.
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ORiGINAL
Adverse Project-Specific and Cumulative Impacts
Which Cannot Se Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"idlng Considerations
3.2 - AIR QUALITY
Impact 5.7.C
The proposed project may violate an air quality standard or contribute substantially
to an existing or projected air quality violation and therefore will expose sensitive
receptors to substantial pollutant concentrations.
3.2.1 - Project-Specific
3.2.1.1 - Potentially Significant and Unavoidable Impact
The Final EIR identifies a potentially significant and unavoidable project-specific particulate matter
impact in 2003 to the nearest sensitive receptors, which are neighborhood residences that are north
and east of the project site.
Health impacts from particulate matter were evaluated by determining the maximum concentrations
ofPMlO and PM2.5 generated by the proposed project. Construction activities that occurred in 2003
on the project site may have exceeded the PM 1 0 and PM2.5 significance thresholds established by the
San Joaquin Valley Air Pollution Control District. The construction activities involved extensive
grading operations that caused the emission of fugitive dust in addition to the particulate matter
emissions from construction vehicle exhaust. As shown on Table 5.7-31 in Chapter 1 of the Final
EIR, the 24-hour significance threshold of5 f.1g/m3 for PMI0 and PM2.5 was exceeded with a
maximum incremental project-related impact of 41.35 f.1g/m3 of PM 10 and 14.45 f.1g/m30fPM2.5. In
addition, the annual significance threshold of 1 f.1g/m3 for PMIO and PM2.5 was exceeded with a
maximum incremental project-related impact of2.36 f.1g/m3 of PM 10 and 1.41 f.1g/m30fPM2.5.
During the construction activities, fugitive dust is caused by the travel of heavy-duty construction
vehicles over disturbed soils and from the action of winds loosening up dust particles and suspending
dust in the air. Over 90% of the particulate matter impacts noted in 2003 are due to fugitive dust
emissions. The fugitive dust emissions that were used in the model resulted from assuming that 30
acres per day were disturbed. The URBEMIS2002 default is ~ of the total project area disturbed,
which would be approximately 9 acres, which would result in a factor of three decrease in
concentrations. Therefore, the emissions of fugitive dust were likely overestimated.
Air dispersion modeling of particulate matter impacts from fugitive dust is fraught with high levels of
uncertainty. The lack of adequate knowledge in estimating emissions during the construction process
leads to uncertainty. In addition, the dispersion modeling fails to record the gravitational setting and
deposition of fugitive dust emitted within a meter or so from the ground. By its nature, construction
activities are short-term and highly localized in nature. The impacts are dependent upon the intensity
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'dlng Considerations
Adverse Project-Specific and Cumulative Impacts
Which Cannot Se Mitigated to a Level of Insignificance
of the construction activity and the location and duration of the dust-generation process in relation to
nearby receptors. Such activities can change dramatically even over a period of one-hour.
The SJV APCD's approach to analyses of construction impacts is to require implementation of
effective and comprehensive control measures rather than to require detailed quantification of
emission concentrations for modeling of direct impacts. Particulate matter emitted during
construction can vary greatly depending on the level of activity, the specific operations taking place,
the equipment being operated, local soils, weather conditions, and other factors, making
quantification difficult. Despite this variability in emissions, experience has shown that there are a
number of feasible control measures that can be reasonably implemented to significantly reduce
fugitive dust emissions during construction. The SJV APCD has determined that compliance with
Regulation VIII and Rule 9510 for all sites and implementation of all other control measures
indicated in Tables 6-2 and 6-3 of the GAMAQI (as appropriate, depending on the size and location
of the project site) would constitute sufficient mitigation to reduce particulate matter impacts to a
level considered less-than-significant.
Regulation VIII was in place during the past phases of construction and was complied with by the
project.
Even with the above uncertainty considerations, local project related emissions ofPMI0 and PM2.5
may have resulted in sensitive receptor exposure to substantial pollutant concentrations in the
construction year 2003, as shown in Table 5.7-31 in Chapter 1 of the Final EIR. In addition, the
project may have caused a violation of the state PMIO air quality standard in 2003 at the nearest
sensitive receptor, as the state PMI0 standard is 50 J.1g/m3 and as shown in Table 5.7-31 in Chapter 1
of the Final EIR, the maximum PMI0 concentration is 41.35 J.1g/m3. The maximum 24-hour
concentration of PM 10 in 2003 was 136 J.1g/m3 (Table 5.7-1 in Chapter 1 ofthe Final EIR). Though it
is unlikely that this maximum concentration would have occurred during heavy site grading, the
project may have substantially contributed to a federal 24-hour PMI0 violation at the nearest
sensitive receptors which are the neighborhood residences that are north and east of the project site.
This is a temporary but potentially significant impact. Since this impact has already occurred, no
additional mitigation can be adopted to reduce impacts to less than significant. It should be noted that
past grading occurred during a very short approximately one-month period.
Populations at greatest risk from particulate matter exposure include children, people of all ages with
asthma, and the elderly with illnesses like bronchitis, emphysema, and pneumonia. The residences
that were exposed to the highest concentrations are located along the boundary of the project site. It
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Adverse Project-Specific and Cumulative Impacts
Which Cannot Be Mitigated to a Level of Insignificance
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
is not possible to definitely identify what the health effects to the residents may have been, if any,
because health effects are determined by a number of factors, including the actual concentrations
(dose), the health of the individual exposed (the response), and the amount of time exposed (dose).
Generic health effects from short-term (acute) exposure to particulate matter include the following:
exacerbation of symptoms in sensitive patients with respiratory or cardiovascular disease; coughing;
exacerbation of asthma; increased airway reactivity; phlegm; wheezing; reduction in lung function.
Finding
Pursuant to CEQA Guidelines Section 15091 (a)(3), specific economic, legal, social, technological or
other considerations, including provision of employment opportunities for highly trained workers,
make infeasible mitigation measures identified in the Final EIR.
There are no feasible mitigation measures which can mitigate this impact to a level below
significance. Pursuant to CEQA Guidelines Section 15093, therefore, the City has balanced the
benefits of the project against its unavoidable environmental risks and has determined that this impact
is acceptable for the reason stated in the Statement of Overriding Considerations in Attachment A.
Facts in Support of Finding
This significant unavoidable impact has already occurred, and there are no feasible mitigation
measures that can undo past activities. Thus, the potential health risk associated with the short-term
2003 PMI0 and PM2.5 emissions can not be mitigated to less than significant. The four alternatives
evaluated in Section 6 in Chapter 1 of the Final EIR and described in Section 4 of these Findings are
not capable of reducing the short-term 2003 PMI0 and PM2.5 emissions that may have resulted in a
potential health risk because there are not feasible actions that can undo past activities.
Reference: Pages 5.7-79 through 5.7-91 in Chapter 1 of the Final EIR; City Staff Report and related
attachments dated September 20,2007; and any documents referenced in or incorporated by reference
in Section 5.7, Air Quality, in Chapter 1 of the Final EIR.
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'d'ng Considerations
Feasibility of Project Alternatives
SECTION 4:
FEASIBILITY OF PROJECT ALTERNATIVES
In preparing and adopting findings, a lead agency need not necessarily address the feasibility of both
mitigation measures and environmentally superior alternatives when contemplating the approval of a
project with significant environmental impacts. Where the significant impacts can be mitigated to a
level of insignificance solely by the adoption of mitigation measures, the lead agency has no
obligation in drafting its findings to consider the feasibility of environmental superior alternatives,
even if their impacts would be less severe than those of the project as mitigated. Accordingly, in
adopting the fmdings concerning alternatives for the proposed project, the City of Bakersfield
considers only those significant environmental impacts that cannot be avoided or substantially
lessened through mitigation.
Where, as here, a project will result in some unavoidable significant environmental impacts even after
application of all feasible mitigation measures identified in the Final EIR, the lead agency must
consider the feasibility of alternatives to the project which could avoid or substantially lessen the
unavoidable significant environmental impacts. "Feasible" means capable of being accomplished in a
successful manner within a reasonable time, taking into account economic, environmental, legal,
social and technological factors (CEQA Guidelines Section 15364).
If there are no feasible project alternatives, the lead agency must adopt a Statement of Overriding
Considerations with regard to the project pursuant to State CEQA Guidelines Section 15093. If there
is a feasible alternative to the project, the lead agency must consider in detail only those alternatives
which could feasibly attain most of the basic objectives of the project; however, the lead agency must
consider alternatives capable of eliminating significant environmental impacts even if these
alternatives would impede to some degree the attainment ofthe project objectives (CEQA Guidelines
Section 15126(d)).
These fmdings contrast and compare the alternatives where appropriate in order to demonstrate that
the selection ofthe proposed project, while still resulting in certain unavoidable significant
environmental impacts, has substantial planning, fiscal and other benefits. In rejecting certain
alternatives, the City of Bakersfield has examined the project objectives and weighed the ability of
the various alternatives to meet the objectives. The City of Bakersfield believes that there is no
alternative to the proposed project that is both environmentally superior to the proposed project and
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Feaslb///ty of Project Alternatives
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
achieves the project objectives of the planning effort. The objectives of the proposed project that
have been considered by the City of Bakersfield are:
1. Provide a shopping center that meets the substantial and unmet retail and service demands of
the residents within the southern and southeast portion of the City.
2. Cluster commercial retail uses that provide goods and services near an interchange with SR-
99 to reduce traffic congestion and air emissions.
3. Provide new retail and commercial development that captures the economic demands
generated by the marketplace.
4. Accommodate new development that channels land uses in a phased, orderly manner and is
coordinated with the provision of infrastructure and public improvements.
5. Accommodate infill development to take advantage of existing infrastructure.
6. Recycle and intensify parcels of land which are underutilized.
7. Provide new development that will assist the City in obtaining fiscal balance in the years and
decades ahead by maximizing sales tax revenue.
8. Address community circulation, both vehicular and pedestrian, utilizing available capacity
within the existing circulation system, and provide fair-share system improvements to
deficient intersections or road segments.
9. Encourage excellence and creativity in the general plan and contribute to a community with a
specific sense of identity and a high quality of life.
10. Provide new retail and commercial development that maximizes employment in the southeast
portion ofthe City.
11. Facilitate a planned development consisting of a Wal-Mart Supercenter, Lowe's Home
Improvement Warehouse, Office Depot, and related inline tenants consistent with the market
objectives of the applicant and its tenants.
The Final EIR examined a reasonable range of alternatives to the proposed project to determine
whether any alternative could meet the project's objectives while avoiding or substantially lessening
one or more of the project's significant unavoidable impacts. These findings examine each
alternative to determine feasibility. In determining the feasibility of alternatives, the lead agency may
take into account factors such as whether the alternative could be accomplished in a successful
manner within a reasonable period of time in light of economic, environmental, legal, social and
technological factors.
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CEQA Findings of Fact and
Statement of Ove"idlng Considerations
Feaslb///ty of Project Alternatives
The Final EIR has concluded that after adherence to all applicable regulatory requirements, inclusion
of design features and incorporation of all feasible mitigation measures, the project will nevertheless
have two remaining significant adverse environmental impacts: (1) cumulative 2030 impacts to two
City roadway segments, two City intersections, and three SR-99 freeway segments, and (2) a short
term 2003 violation of the applicable air quality standard for PMI0 and PM2.5 which occurred in
2003 when previous grading occurred. Accordingly, the Final EIR analyzed four alternatives to the
proposed project. The alternatives, which are analyzed in Section 6 in Chapter 1 of the Final EIR,
include No Project/No Development Alternative, No Project/Development in Accordance with the
General Plan Alternative, Reduced Intensity Alternative, and an Alternative Site Alternative (Grand
Canal Site). Additionally a fifth alternative, Bear Mountain Site Alternative was considered in the
scoping process and later rejected because it was determined to be not feasible. The following
summarizes the feasibility of these alternatives as a means to reduce or avoid the significant
unmitigated impacts associated with the project.
4.1 - NO PROJECT/NO DEVELOPMENT ALTERNATIVE
The purpose and rationale of selecting the No Project Alternative was to comply with CEQA
Guideline section 15126.6(e) and allow decision makers to compare the impacts of approving the
proposed project with the impacts of not approving the proposed project. Under the No Project/No
Development Alternative (No Project Alternative), the entire project site would remain unchanged
and no new development would occur onsite. Under this Alternative, the Panama Lane Shopping
Center site would continue to exist as an undeveloped and underutilized parcel.
The City of Bakersfield finds that the No Project Alternative would not generate traffic trips from the
project site and would not contribute to potential significant cumulative traffic impacts. While this
Alternative would not generate traffic trips, the same significant and unavoidable impacts identified
with the project with respect to the two City intersections, two City roadway segments, and three SR-
99 freeway segments would remain even in the absence of development ofthe project. In addition,
the No Project Alternative would remain in its present state, which is undeveloped land, and would
substantially lessen one ofthe proposed project's environmental impact which is the project's
significant temporary impact related to peak construction pollutant concentrations.
However, the No Project Alternative would not meet any of the project objectives, including but not
limited to, creating a commercial center that will enhance the economic growth of the City of
Bakersfield; maximizing development intensity on the site to reduce traffic congestion and air
emissions; maximizing employment; and maximizing sales tax which would assist the City in
obtaining fiscal balance.
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Feasibility of Project Alternatives
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"ldlng Considerations
The City of Bakersfield fmds that all potential significant environmental impacts of the project will be
mitigated by the inclusion of design features and incorporation of all feasible mitigation measures as
set forth in the Mitigation Monitoring and Reporting Program, except the cumulative 2030 impacts to
two City roadway segments, two City intersections, and three SR-99 freeway segments, and a short
term 2003 violation of the applicable air quality standard for PMI0 and PM2.5 which occurred in
2003 when previous grading occurred. The City of Bakersfield fmds that, although the No Project
Alternative would not contribute traffic to cumulative significant and unavoidable adverse traffic
impacts and would substantially lessen the short-term significant unavoidable adverse project-specific
air quality impact, the No Project Alternative is infeasible because it would not attain any of the
project objectives and would not provide the City of Bakersfield with any of the benefits of the
proposed project described above and in the Statement of Overriding Considerations. Therefore, for
the potential significant impacts which cannot be mitigated to a level below significance, the City of
Bakersfield adopts the Statement of Overriding Considerations located in Appendix A of this
document pursuant to CEQA Guidelines Section 15093.
4.2 - NO PROJECT/DEVELOPMENT IN ACCORDANCE WITH THE GENERAL
PLAN ALTERNATIVE
The No ProjectJDevelopment in Accordance with the General Plan Alternative (General Plan
Alternative) would result in the project site being developed under the current General Plan land use
designations ofLR, OS-P, and GC. Specifically, this Alternative would result 33.94 acres of
residential land uses that would allow for the development of 7.26 dwelling units per acre (i.e., 246
homes), parkland on 3 acres in the upper northeast comer of the project site, and 3,583 sq ft of
commercial retail. The General Plan Alternative was selected because it is reasonably foreseeable
that disapproval of the project could lead to development of the site under its existing General Plan
designations.
The City of Bakersfield finds that the General Plan Alternative would generate less traffic trips
compared to the proposed project. Although, while fewer trips would be generated, this Alternative
would not reduce the significant and unavoidable traffic impacts to the two City intersections, two
City roadway segments, and three SR-99 freeway segments to a level below significance. The
General Plan Alternative would not avoid the short-term significant unavoidable adverse proj ect-
specific air quality impact because this Alternative includes grading of the entire project site and
would result in the same temporary emissions that occurred in 2003 during grading activities.
Furthermore, the General Plan Alternative would generate long-term criteria pollutants for which a
basin is in non-attainment and contribute to a significant cumulative air quality impact.
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'ding Considerations
Feasibility of Project Alternatives
In addition, the General Plan Alternative would not meet the project objectives, including but not
limited to, creating a commercial center that will enhance the economic growth of the City of
Bakersfield; maximizing development intensity on the site to reduce traffic congestion and air
emissions; maximizing employment; and maximizing sales tax which would assist the City in
obtaining fiscal balance.
The City of Bakersfield fmds that all potential significant environmental impacts of the project will be
mitigated by the inclusion of design features and incorporation of all feasible mitigation measures as
set forth in the Mitigation Monitoring and Reporting Program, except the cumulative 2030 impacts to
two City roadway segments, two City intersections, and three SR-99 freeway segments, and a short
term 2003 violation of the applicable air quality standard for PMI0 and PM2.5 which occurred in
2003 when previous grading occurred. The City of Bakersfield finds that, although the General Plan
Alternative would contribute less traffic to cumulative significant and unavoidable adverse traffic
impacts compared to the project, would not substantially lessen the short-term significant unavoidable
adverse project-specific air quality impact, and would contribute to a long-term significant and
unavoidable air quality impact, the General Plan Alternative is infeasible because it would not attain
the project objectives and would not provide the City of Bakersfield with the benefits of the proposed
project described above and in the Statement of Overriding Considerations. Therefore, for the
potential significant impacts which cannot be mitigated to a level below significance, the City of
Bakersfield adopts the Statement of Overriding Considerations located in Appendix A of this
document pursuant to CEQA Guidelines Section 15093.
4.3 - REDUCED INTENSITY ALTERNATIVE
A Reduced Intensity Alternative is evaluated regarding its potential to reduce a significant
unavoidable impact that would occur with project implementation. The only long-term significant
unavoidable impacts associated with the proposed project are related to cumulative transportation and
traffic impacts in the 2030 horizon year scenario. Therefore, this Alternative was evaluated to
examine the following two City intersections, two City roadway segments, and three SR-99 freeway
segments that will experience significant unavoidable impacts as a result of the project plus
cumulative development in the year 2030:
City Intersections
. Wible Road at White Road; and
. Wible Road at Panama Lane.
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Feasibility of Project Alternatives
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
City Roadway Segments
· Panama Lane - Wible Road to SR 99; and
. White lane - Stine Road to Wible Road.
SR-99 Freeway Segments
· SR 99 Ming Avenue to White Lane;
. SR 99 Panama Lane to White Lane; and
. SR 99 Panama Lane to Taft Highway.
As discussed above in Section 4.1, No Project/No Development Alternative, each of the above
intersections, roadway segments, and freeway segments would continue to operate at deficient levels
of service (i.e., LOS D or worse) at the 2030 time horizon even if all ofthe identified RTIF and local
improvements were put into place at 2030 or prior to that time. Therefore, even a reduced intensity
alternative on the project site would result in the above city intersections, city roadway segments, and
SR-99 freeway segments operating at deficient levels of service. Although remaining deficient, there
is only one intersection that would experience an improvement in level of service without the project:
Wible Road and Panama Lane, which would improve from LOS E to LOS D in the morning peak
hour without the project and with all of the identified RTIF and local improvements put into place
prior to or at the 2030 time horizon. In addition, this intersection would improve from LOS F to LOS
E in the Saturday peak hour without the project and with all of the identified RTIF and local
improvements put into place prior to or at the 2030 time horizon. An evaluation for the morning peak
hour because the improvement at this intersection results in level of service (Le. LOS D) that is closer
to an acceptable level compared to the Saturday peak hour of LOS E. The evaluation was conducted
to determine the amount of project morning peak hour traffic at the Wible Road and Panama Lane
intersection that would need to be reduced to achieve an improvement in level of service (i.e., LOS E
to LOS D). The reduction required at the intersection during the morning peak hour is 346 morning
peak hour trips which equates to a 40 percent reduction of the proposed project's square footage on
the project site.
Based on the above evaluation, the Reduced Intensity Alternative was determined. With a 40 percent
reduction of square footage on the project site to achieve the level of service improvement from LOS
E to LOS D at the Wible Road and Panama Lane intersection, the Reduced Intensity Alternative is
defmed as the development of approximately 260,000 sq ft of retail commercial shopping center on
the entire project site. This Alternative includes smaller retail stores compared to the proposed
project; however, the entire site would be graded and the retail stores would be constructed
throughout the project site.
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'d'ng Considerations
Feasibility of Project Alternatives
The City of Bakersfield fmds that this alternative would generate less traffic trips compared to the
proposed project. While fewer trips would be generated, this Alternative would not reduce the
significant and unavoidable traffic impacts to the two City intersections, two City roadway segments,
and three SR-99 freeway segments to a level below significance. The Reduced Intensity Alternative
would not avoid the short-term significant unavoidable adverse project-specific air quality impact
because this Alternative includes grading of the entire project site and is expected to result in the
same temporary emissions that occurred in 2003 during grading activities. In addition, the Reduced
Intensity Alternative would generate long-term criteria pollutants for which a basin is in non-
attainment and contribute to a significant cumulative air quality impact.
While this Alternative could meet a few of the project objectives, it would not meet most of the basic
project objectives. The Reduced Intensity Alternative would not maximizing development intensity
on the site to reduce traffic congestion and air emissions; maximizing employment opportunities; and
maximizing sales tax which would assist the City in obtaining fiscal balance.
The City of Bakersfield finds that all potential significant environmental impacts of the project will be
mitigated by the inclusion of design features and incorporation of all feasible mitigation measures as
set forth in the Mitigation Monitoring and Reporting Program, except the cumulative 2030 impacts to
two City roadway segments, two City intersections, and three SR-99 freeway segments, and a short
term 2003 violation of the applicable air quality standard for PMIO and PM2.5 which occurred in
2003 when previous grading occurred. The City of Bakersfield fmds that, although the Reduced
Intensity Alternative would contribute less traffic to cumulative significant and unavoidable adverse
traffic impacts compared to the project, would not substantially lessen the short-term significant
unavoidable adverse project-specific air quality impact, and would contribute to a long-term
significant and unavoidable air quality impact, the Reduced Intensity Alternative is infeasible because
it would not attain the project objectives and would not provide the City of Bakersfield with the
benefits of the proposed proj ect described above and in the Statement of Overriding Considerations.
Therefore, for the potential significant impacts which cannot be mitigated to a level below
significance, the City of Bakersfield adopts the Statement of Overriding Considerations located in
Appendix A of this document pursuant to CEQA Guidelines Section 15093.
4.4 - ALTERNATIVE SITE (GRAND CANAL SITE)
An alternative site was selected that could meet the primary objective of clustering commercial retail
uses near an interchange with SR-99. An alternative 67.53-acre site located approximately a quarter
mile south of the project site was selected due to its close proximity to the Panama Lane interchange
with SR-99 as well as an existing commercial designation on the alternative site. This alternative site
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Feasibility of Project Alternatives
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
is known as The Grand Canal Alternative (Grand Canal Alternative) because a previously approved
commercial retail center was proposed on this site, although development processing through the City
for this project terminated approximately 5 to 7 years ago. This Alternative includes the development
of the proposed shopping center (i.e., 434,063 square foot) on 36.94 acres. The alternative site is
located within a 67.53-acre parcel located north of Berkshire Road, south of the Arvin-Edison Canal,
east of South H Street, and west of SR-99. The project applicant does not own this alternative site.
Regional access to the project site would be from the SR 99 and Panama Lane interchange and
primary site access would be via the extension of Colony Street to the south. While the Grand Canal
parcel encompasses a total of 67.53 acres, this Alternative considers only the same amount of
development intensity as the proposed project; thus, the retail shopping center would encompass only
36.94 acres of the 67.53 parcel. The remaining 30.59 acres ofthe parcel would remain undeveloped.
While the development design may be somewhat altered to best be situated on the property, the
proposed land uses are assumed to have the greatest intensification along the border of SR 99.
Specifically, the rear of the Wal-Mart Supercenter and Lowes would parallel and be adjacent to SR
99.
The City of Bakersfield finds that this alternative would generate the same traffic trips compared to
the proposed project. Since this Alternative would draw customers from the same market as the
proposed project, and access to the site would be from the same roadways, this Alternative would not
reduce the significant and unavoidable traffic impacts to the two City intersections, two City roadway
segments, and three SR-99 freeway segments to a level below significance. The Grand Canal
Alternative would avoid the short-term significant unavoidable adverse project-specific air quality
impact on residences adjacent to the Grand Canal Alternative site; however, this Alternative would
not avoid the short-term significant unavoidable adverse project-specific air quality impacts that have
already occurred in 2003 on the residences adjacent to the project site. Furthermore, the Grand Canal
Alternative would generate long-term criteria pollutants for which a basin is in non-attainment and
contribute to a significant cumulative air quality impact.
Because this Alternative is in close proximity to the project site, located near the SR-99 and Panama
Lane interchange, and has the same development as the proposed project, the Alternative could meet
the project objectives.
The City of Bakersfield finds that all potential significant environmental impacts of the project will be
mitigated by the inclusion of design features and incorporation of all feasible mitigation measures as
set forth in the Mitigation Monitoring and Reporting Program, except the cumulative 2030 impacts to
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ORIGINAl
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"idlng Considerations
Feasibility of Project Alternatives
two City roadway segments, two City intersections, and three SR-99 freeway segments, and a short
term 2003 violation of the applicable air quality standard for PM 10 and PM2.5 which occurred in
2003 when previous grading occurred. The City of Bakersfield finds that, although the Grand Canal
Alternative would contribute the same traffic volumes to cumulative significant and unavoidable
adverse traffic impacts compared to the project, would not avoid the short-term significant
unavoidable adverse project-specific air quality impacts that have already occurred in 2003 on the
residences adjacent to the project site, and would contribute to a long-term significant and
unavoidable air quality impact, this Alternative could meet the project objectives and the benefits of
the proposed project described above and in the Statement of Overriding Considerations. Because
this alternative would not avoid both ofthe project's significant unavoidable adverse impacts and
would result in an additional long-term cumulative air quality impact, this Alternative is infeasible.
In addition, the project applicant does not own the site. Therefore, for the potential significant
impacts which cannot be mitigated to a level below significance, the City of Bakersfield adopts the
Statement of Overriding Considerations located in Appendix A of this document pursuant to CEQA
Guidelines Section 15093.
Michael Srandman Associates
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ORIGINAL
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'dlng Considerations
Appendix A: Statement of Overriding Considerations
Michael Srandman Associates
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"ldlng Considerations
Appendix A
STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of
a proposed project against its unavoidable environmental risks in determining whether to approve the
project. The City of Bakersfield proposes to approve the Panama Lane Shopping Center project
although significant and unavoidable adverse cumulative traffic and project direct, short term air
quality impacts have been identified in the Final EIR. Specifically, there are no feasible mitigation
measures, changes or alterations that are available to reduce the project's significant cumulative
impacts to less than significant to the following city intersections, city roadway segments, and SR-99
freeway segments.
City Intersections
· Wible Road at White Lane (Evening peak hour LOS D, Saturday peak hour LOS D); and
· Wible Road at Panama Lane (Morning peak hour LOS E, Evening peak hour LOS E, and
Saturday peak hour LOS F).
City Roadway Segments
· Panama Lane - Wible Road to SR-99 (LOS E); and
· White Lane - Stine Road to Wible Road (LOS D).
SR-99 Freeway Segments
· SR -99 - Ming Avenue to White Lane (LOS F);
· SR-99 - Panama Lane to White Lane (LOS F); and
· SR-99 - Panama Lane to Taft Highway (LOS F).
Changes and alterations are required in or incorporated into the project to reduce project impacts to
the maximum extent feasible. No further additional roadway improvements beyond those identified
are recommended because further improvements would create negative impacts across a broad
segment of environmental, economic, legal, and social areas that would create other more significant
collateral traffic impacts.
Additionally, no feasible mitigation measures, changes, or alterations are available to reduce the short
term air quality violation that occurred in 2003 as a result of the previous grading of the project site
("2003 Short Term Air Quality Impact"). Changes and alterations are required in or incorporated into
the project to reduce project impacts to the maximum extent possible.
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ORIGINAL
Appendix A
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of OVe"ldlng Considerations
Even though these adverse impacts are not reduced to a level considered less than significant, the
Bakersfield City Council finds, after balancing these impacts with the benefits ofthe project, that
those impacts are outweighed by the benefits of the project. Further, the alternatives which were
identified in the Final EIR would not meet either in part or in whole to the same extent as the
proposed project, the project objectives, and/or would not substantially lessen or avoid identified
environmental impacts.
Pursuant to Public Resources Code Section 21081(b) and the Guidelines Section 15093, the City has
balanced the benefits of the proposed Project against the following unavoidable adverse impacts
associated with the proposed Project and has adopted all feasible mitigation measures with respect to
the Cumulative Traffic Impacts and the 2003 Short Term Air Quality Impact.
The City also has examined alternatives to the proposed Project, none of which both meet the Project
objectives and is environmentally preferable to the proposed Project. The City, after balancing the
specific economic, legal, social, technological, and other benefits of the proposed Project, has
determined that the unavoidable adverse environmental impacts identified above may be considered
"acceptable" due to the following specific considerations which outweigh the unavoidable, adverse
environmental impacts ofthe proposed Project. Each of the separate benefits of the proposed Project,
as stated herein, is determined to be, unto itself and independent of the other Project benefits, a basis
for overriding all unavoidable adverse environmental impacts identified in these Findings. The City
Council and City Planning Staff have independently verified the existence of all facts stated below to
justify the State of Overriding Considerations. Project benefits include:
I. The Proposed Project Will Provide Sales Tax Revenue to Provide Funding for Needed
City Services: The project is anticipated to provide approximately $1.15 million dollars in
sales tax revenue to the City of Bakersfield per year. (Source: Generally applicable sales tax
rate as applied to the estimated taxable sales to be generated by the project as estimated by
the CBRE Urban Decay Study; page 3-24 in Chapter 1 of the Final EIR.) The provision of
sales tax revenue to the City will provide funding for needed City services such as police and
fire.
2. The Proposed Project Will Provide for the Redevelopment of an Existing, Underutilized
In-fiU Parcel That is Adjacent to Existing Infrastructure: The project site ceased to be
used for agricultural uses in the 1980' s. Prior to and concurrent with the cessation of
agricultural uses on the project site, residential and commercial development occurred to the
north, east and south ofthe project site and the project site is now fully surrounded by
urbanized uses. While various land use applications for commercial uses have been proposed
for the site over the past twenty years, these applications were withdrawn due to then-existing
A-2
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Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Ove"'d'ng Considerations
Appendix A
economic conditions. The use of the proj ect site for residential uses is not ideal or desirable.
Most of the City's new residential development is occurring in the southwest portions of the
City in areas that are not adjacent to the existing freeway. In addition, a recent study from the
USC School of Medicine concluded that the location of residential uses adjacent to freeways
is not desirable from a public health standpoint. Despite the project's non-viability for
residential uses, due to its adjacency to urbanized uses and the SR-99 Freeway, the project
site is an infill site. The City's General Plan contains numerous policies encouraging the
development of in fill parcels ofland. For example, General Plan Land Use Element Policies
78 and 79 set forth City policies of accommodating new infill and urban development so that
continuity of existing development is maintained and so that incremental expansion of
infrastructure and public services can occur. In addition, providing retail shopping
opportunities to places in the City that are underserved by retail will reduce vehicle trip
lengths and incrementally reduce traffic congestion, air emissions, and energy consumption.
It is a social, legal and economic prerogative of the City to develop infill sites, such as the
project site, with uses that are compatible to adjacent development and serve the surrounding
neighborhood and area.
3. The Proposed Project Will Implement the City's General Plan: The City's General Plan
contains numerous goals and policies with which the project is consistent and which the
project implements. Many of these goals and policies are contained and discussed throughout
the Final EIR. For example, Goal No.1 ofthe Land Use Element contains the goal of
accommodating new development which captures the economic demands generated by the
marketplace and establishes Bakersfield's role as the capital of the southern San Joaquin
Valley. The proposed project implements this goal as it provides sales tax revenue to the City
and also provides high quality retail shopping opportunities to residents who live in the
southern part of the City. Similarly, Goal No.2 identifies a City goal of accommodating new
development which provides a full mix of uses to support the population. The proposed
project is consistent with and implements this Goal as well insofar as the proposed project
provides high quality retail and home improvement shopping opportunities to the residents of
southeast Bakersfield. Policy 76 suggests the accommodation of development that provides
employment opportunities and provides land uses that meet the needs of residences of the
City. The project is consistent with and implements this Policy. The Implementation of City
General Plan Goals and Policies is a legal and social prerogative of the City.
4. The Proposed Project Will Implement the City's 2010 Consolidated Plan: As part of the
Federal HUD CDBG Program, the City has adopted a 2010 Consolidated Plan ("Plan") in
connection with federal CDBG monies the City receives. The Plan serves as a strategic plan
outlining how the City will address community and economic development, and other issues.
The Plan contains a number of goals, including the goal of expanding economic opportunity
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Appendix A
Panama Lane Shopping Center
CEQA Findings of Fact and
Statement of Overriding Considerations
through the creation and retention of jobs, particularly for low-income populations. (plan, p.
1lI-2; IX-I.) The Plan identifies the need to focus economic development efforts in the
central, southeast, and east sub-areas of the City. The proposed project will implement the
Plan insofar as the proposed project is anticipated to provide approximately 848 permanent
jobs, including 23 management positions in the southeast area of the City. (see page 5.13-7
of the EIR.)
5. The Proposed Project Will Bring High Quality Retail Shopping Opportunities to
Southeast Bakersfield: The proposed project will provide high quality retail shopping
opportunities to southeast Bakersfield. The Wal-Mart Supercenter will provide a convenient
location for residents to shop for a variety of retail goods and groceries. In addition, the
Lowe's Home Improvement Store will provide shopping opportunities for a variety of home
improvement goods. Finally, the Office Depot and other in-line retailers will also provide
high quality retail shopping opportunities to the residents of southeast Bakersfield. As set
forth in the CBRE Urban Decay Study (see, e.g., page IV -4), the southeast area ofthe City is
underserved with respect to high quality retail shopping opportunities. The proposed project
will provide such high quality retail shopping opportunities to the residents of the southeast.
Therefore, the Bakersfield City Council, having reviewed and considered the information contained
in the Final EIR and the public record makes and adopts this Statement of Overriding Considerations
by which the Bakersfield City Council, after balancing the economic, legal, social, technological and
other benefits of the project, against the significant and unavoidable adverse impacts of the project,
states the specific reasons to support its approval of the project notwithstanding the existence of the
significant and unavoidable adverse cumulative traffic and project direct, short term air quality
impacts.
A-4
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EXHIBIT "5"
Panama Lane Shopping Center
Mitigation Monitoring and Reporting Plan
Prepared for:
City of Bakersfield
Development Services Department
1715 Chester Avenue
Bakersfield, CA 93301
661.326.3043
Contact: Ms. Jennie Eng, Principal Planner
Prepared by:
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, CA 92602
714.508.4100
Contact: Michael E. Houlihan, AICP, Project Director
....
....
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November 14, 2007
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ORIGINAL
Panama Lane Shopping Center
Mitigation Monitoring and Reporting Program
SECTION 1:
INTRODUCTION
In accordance with the California Environmental Quality Act (CEQA) Guidelines, Section 15097, public
agencies that make findings under paragraph (1) of subdivision (a) of Section 15091 of the CEQA
Guidelines relative to an EIR in conjunction with approving a project are required to prepare a mitigation
monitoring and reporting program (MMRP). The City of Bakersfield has made fmdings under paragraph
(1) of subdivision (a) of Section 15091 ofthe CEQA Guidelines for the Panama Lane Shopping Center.
Therefore a MMRP is required for the Panama Lane Shopping Center. The purpose of the MMRP is to
ensure compliance with those mitigation measures adopted as conditions of approval in order to mitigate or
avoid significant environmental effects as identified in the Final EIR. Following is a MMRP that
incorporates the mitigation measures set forth in the Final EIR. The City of Bakersfield City Council will
deliberate on the adoption of this MMRP at the time of certification of the Final EIR for the Panama Lane
Shopping Center.
The following MMRP identifies the City department that is responsible for verifying that the mitigation
measures for the Panama Lane Shopping Center are performed. The City departments will also be
responsible for providing a date that each mitigation measure is verified as completed. In addition, the
MMRP provides a comment column for the City departments to provide notes and remarks. The timing of
implementing the mitigation measures in the MMRP is identified in each measure.
Except for the following five mitigation measures, the performance of the mitigation measures is the
responsibility of the project applicant. The project applicant is responsible to provide evidence to the City
departments that the mitigation measures are performed and completed. The City will be responsible for
ensuring that implementation of all mitigation measures occurs in accordance with this program.
Mitigation Measure 5.6.A.l - The project applicant is responsible to pay its fair share for local
improvements as outlined in Table 5.6-15 in the Draft EIR; however, the City of Bakersfield Public
Work Department is responsible to construct the improvements outlined in Table 5.6-15 of the
Draft EIR at the point in time necessary to avoid identified significant impacts on traffic.
Mitigation Measure 5.6.A.2 - The project applicant is responsible to pay its fair share for regional
improvements as outlined in Table 5.6-15 in the Draft EIR; however, the City of Bakersfield Public
Work Department is responsible to construct the improvements outlined in Table 5.6-15 of the
Draft EIR at the point in time necessary to avoid identified significant impacts on traffic.
Mitigation Measure 5.6.A.3 - The City of Bakersfield Public Works Department is responsible to
coordinate with Caltrans and KernCOG to develop a study to identify fair share contribution
funding sources attributable to and paid from private and public development to supplement other
regional and State funding sources necessary to implement the regional and state improvements
identified by Caltrans in its SR-99 Business Plan.
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Panama Lane Shopping Center
Mitigation Monitoring and Reporting Program
Mitigation Measure 5.6.A.4 - The project applicant is responsible to pay its fair share contribution
to its cumulative impacts to the identified segments ofSR-99, and the City of Bakersfield Public
Works Department is responsible to coordinate with Caltrans and KemCOG in implementing the
improvements. In addition, the applicant is responsible to provide an irrevocable offer of
dedication to Caltrans for approximately 1,000 linear feet of right-of-way along the western
property line.
Mitigation Measure 5.7.A.9 - The project applicant is required to identify off-site emission
reduction mitigation programs to reduce the project's net impact on air quality. The San Joaquin
Valley Air Pollution Control District is responsible to review and approve the off-site emission
reduction mitigation programs.
Michael Srandman Associates
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EXHIBIT "6" .
LEGAL DESCRIPTION
(P.C.D. ZONE)
. \
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ALL THAT PORTION OF THE SOUTH. HALF OF SECTION 24, TOWNSHIP 30 SOUTH, .RANGE 27
. EAST, M.D.M. IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS: .
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST"QUARTER . OF SAID SECTION 24, SAID POINT BEING THE INTERSECTION OF
THE WEST LlNE OF TRACT No. 4117 FILED IN MAP BOOK 29 AT. PAGE 111 IN THE KERN
COUNTY RECORDER'S OFFICE,WITH THE CENTERLINE OF PANAMA LANE; THENCE
NOoo02'26- E ALONG SAID WEST LINE, 55.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE 1) CONTINUING ON SAID WEST LINE OF TRACT No. 4117, N 00002'26- E,
1266:76 FEET TO THE NORTHWEST CORNER OF SAID TRACT No. :4117;
. THENCE 2) ALONG THE SOUTH BOUNDARIES OF TRACT No. 3828-B.FILED IN MAP
BOOK 24 AT PAGE 92, AND TRACT No. 4181-A FILED IN MAP BOOK 32 AT
PAGE 24, IN THE KERN COUNTY RECORDER'S OFFICE, N 89053'~9- W,
1322.31 FEET; .
THENCE 3) ALONG THE SOUTH BOUNDARY OF TRACT No. 4182 FILED IN MAP BOOK
29 AT PAGE 183 IN THE KERN COUNTY RECORDER'S OFFICE,
.N 89053'33- W, 299.34 FEET TO THE SOUTHWEST CORNER OF SAID
TRACT AND THE EAST RIGHT OF WAY LINE OF STATE ROUTE 99;
THENCE 4) ALONG SAID RIGHT OF WAY S 13048'24- E, 580.19 FEET TO THE
BEGINNING OF A 2460.00 FOOT RADIUS TANGENT CURVE CONCAVE
EASTERLY;
THENCE 5) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
04035'46- AN ARC DISTANCE OF 197~34 FEET;
THENCE 6) S 24013'03- E, 148.27 FEET;
THENCE 7) S 21047'01- E, 219.84 FEET TO THE NORTH LINE OF PARCEL MAP No.
5885 FILED IN BOOK 25 .OF P.ARCEL MAPS AT. PAGE 173 IN THE KERN '
COUNTY RECORDER'S OFFICE; .
THENCE 8) ALONG SAID NORTH LINE S 89053'30- E, 1142.46 FEET TO THE
NORTHWEST CORNER OF PARCEL 5 OF SAID PARCEL MAP;
. .
THENCE 9) S 00006'30- W, 175.00 FEET TO.THE SOUTHWEST CORNER OF SAID
PARCEL.5; .
CONTAINS 37.52 ACRES, MORE OR LESS
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 13th day of DECEMBER, 2007 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Ordinance No. 448'1 ,passed
by the Bakersfield City Council at a meeting held on the 12th day of December. 2007
and entitled:
AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE CHANGING THE LAND USE
ZONING OF THAT CERTAIN PROPERTY WITHIN THE CITY LOCATED
EAST OF STATE ROUTE 99, NORTH OF PANAMA LAND AND SOUTH
OF MAURICE AVENUE FROM MH (MOBILE HOME) TO PCD
(PLANNED COMMERCIAL DEVELOPMENT COMBINING) ON 36.94
ACRES AND FROM C-2 (REGIONAL COMMERCIAL) ON .58 ACRES TO
PCD (PLANNED COMMERCIAL DEVELOPMENT) (TOTAL OF 37.52
ACRES) TO ALLOW DEVELOPMENT OF THE PANAMA LANE
SHOPPING CENTER (ZC 02-0193).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY~~~
DEPUTY City Clerk
S:\DOCUMENT\FORMSIAOP.ORD.wpd
12/17/2007
ORDINANCE NO. 4 4 8 1
AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
CHANGING THE LAND USE ZONING OF THAT CERTAIN
PROPERTY WITHIN THE CITY OF BAKERSFIELD LOCATED
EAST OF STATE ROUTE 99, NORTH OF PANAMA LANE AND
SOUTH OF MAURICE AVENUE MH ( MOBILE HOME) ZONE
TO P.C.D. (PLANNED COMMERCIAL DEVELOPMENT
COMBINING) ON 36.94 ACRES, AND FROM C-2 (REGIONAL
COMMERCIAL) ZONE ON 0.58 ACRES TO A PCD (PLANNED
COMMERCIAL DEVELOPMENT) (TOTAL OF 37.52 ACRES),
TO ALLOW DEVELOPMENT OF THE PANAMA LANE
SHOPPING CENTER (ZONE CHANGE NO. 02-0193)
r'-"-~-' n_~~
i POSTED ON I
" l
i 1~IJj{O( I
by City Clerk's Office
City of
Bake~field I
by ,9\ ===:=J
WHEREAS, the Proposed Project includes General Plan Amendment No. 02-
0193 and Concurrent Zone Change No. 02-0193 to allow the development of a retail
commercial center known as the Panama Lane Shopping Center, which includes 434,063
square feet of building on 37.52 acres of property located east side of State Route 99, north of
Panama Lane, and south of Maurice Avenue, in the City of Bakersfield, County of Kern, State
of California, as shown in attached Exhibit "1;" and
WHEREAS, the requested zone change is as follows:
Zone Chanae No. 02-0193:
Panama 99 Properties, LLC has filed an application for a zone change from MH
(Mobile Home) on 36.94 acres, and C-2 (Regional Commercial) zone on 0.58
acres to PCD (Planned Commercial Development) zone (on a total of 37.52
acres) to allow development of a 434,063 square foot commercial retail shopping
center. The center proposes a Wal-Mart Supercenter will encompass 245,905
sq ft of building area; a Lowe's with 161,724 sq ft of building area, two retail
tenant buildings which encompass 22,851 sq ft and 3,583 sq ft of building area;
and
WHEREAS, the applicant for the Proposed Project is Panama 99 Properties
LLC., ("Applicant"); and
WHEREAS, in February 2003, the City Council of the City of Bakersfield ("City")
adopted Resolution No. 20-03, which certified Final Environmental Impact Report SCH #
2002071051 ("2003 EIR"), Resolution No. 26-03, and Ordinance No. 4112, which approved a
General Plan amendment and concurrent zone change for the Proposed Project ("2003 Project
Approvals"); and
WHEREAS, the adequacy of the 2003 EIR and the validity of the 2003 Project
Approvals were challenged in a lawsuit entitled Bakersfield Citizens for Local Control v. City of
Bakersfield, et al., Kern County Superior Court Case No. 249669 KCT, and in an appeal of the
judgment originally entered by the Kern County Superior Court in the lawsuit, California Court of
Appeal, Fifth Appellate District Case No. F044943 ("2003 Litigation"); and