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HomeMy WebLinkAboutRES NO 125-08RESOLUTION NO. 12 5 - 0 8 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CERTIFYING IT HAS RECEIVED, REVIEWED, EVALUATED AND CONSIDERED THE INFORMATION CONTAINED IN THE FINAL ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT NO. 06-1052 AND CERTIFYING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THE STATE CEQA GUIDELINES, AND THE CITY OF BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES, AND MAKING FINDINGS AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM. WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on Monday, March 17, 2008 and on Thursday, March 20, 2008, on the certification of the Final Environmental Impact Report (EIR) for General Plan Amendment/Zone Change (GPA/ZC) No. 06-1052 for the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan and the proposed zone change, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, Maurice J. Etchechury, for The John M. Antongiovanni Trust, filed an application for a concurrent general plan amendment, zone change and PCD site plan for property generally located at the southwest corner of Panama Lane and Ashe Road, as shown in attached Exhibit A, to allow development of a commercial development on approximately 20 acres, more specifically stated as follows: General Plan Amendment No. 06-1052: A request to amend the Land Use Element of the Metropolitan Bakersfield General Plan would redesignate approximately 20 acres from LR (Low Density Residential) to GC (General Commercial). Concurrent Zone Chance No. 06-1052: A concurrent zone change requesting a change in zone designations on approximately 20 acres from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development). PCD Preliminary Development Plan No. 06-2260: A preliminary development plan for the proposed PCD combining zone including an illustrative landscape plan, building elevations and materials. WHEREAS, for the above-described project, it was determined that the proposed project may have a significant effect on the environment and, therefore, an EIR was required forthe project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the City of Bakersfield retained the professional consulting services of Jones & Stokes to prepare the Initial Study, EIR and related documents; and WHEREAS, by Resolution No. 45-08 on March 20, 2008, the Planning Commission recommended certification of the Final EIR for General Plan Amendment/Zone Change No. 06-1052 and PCD Preliminary Development Plan No. 06-2260 and this Council has fully considered the gAKF findings made by the Planning Commission as set forth in that Resolution and as restated herein; o`` 9s,~ and U O ORIGINAL WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on July 20, 2007 fora 30 day review period in accordance with CEQA; and WHEREAS, a public scoping hearing was held on August 1, 2007 to receive input from the public and agencies on the Initial Study and scope of the Draft EIR; and WHEREAS, a Draft EIR was prepared and circulated to interested parties and agencies and a notice of availability was sent to property owners within 300 feet of the project site and all those who requested notification at the Planning Commission public hearing(s) or requested special notice from the Development Services Department, on January 9, 2008 in accordance with CEQA fora 45 day review period which ended on February 25, 2008, in accordance with Section 15087 of the State CEQA Guidelines; and WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the Draft EIR was submitted to the State Clearinghouse (SCH #2007071109) on January 9, 2008 to start the 45 day review period to end on February 25, 2008 in accordance with CEQA; and WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of City of Bakersfield CEQA Implementation Procedures, held a public hearing on Thursday, February 7, 2008 on the adequacy of the Draft Environmental Impact Report; and WHEREAS, on March 10, 2008, the Final EIR was completed and was provided to commenting parties and agencies; and WHEREAS, at said public hearing held Thursday, March 20, 2008, the Planning Commission considered the Final EIR; and WHEREAS, based on comments received prior to and at the March 20, 2008 Planning Commission hearing, the Planning Commission recommended certification of the Final EIR; and WHEREAS, the environmental record prepared in conjunction with the project includes the following: The Notice of Preparation, Draft Environmental Impact Report, and Final Environmental Impact Report; 2. All staff reports, memoranda, maps, letters, and minutes of meetings relating to the project; 3. All testimony, documents and evidence presented to the City by consultants working with the City relating to the project; 4. The proceedings before the Planning Commission relating to the project, the Draft EIR and the Final EIR, including testimony and documenting evidence introduced at the public hearings; and 5. Matters of common knowledge to the Planning Commission which it considered including but not limited to the following: a. Metropolitan Bakersfield General Plan; b. City of Bakersfield Zoning Ordinance; c. City of Bakersfield Municipal Code; ~~0AKF9J, T 2 ~ U O ORIQIId~L d. Other formally adopted policies and ordinances of the City of Bakersfield; and WHEREAS, the Planning Commission adopted Resolution No. 45-08 on March 20, 2008, recommending certification of the Final EIR for GPA/ZC No. 06-1052; and WHEREAS, the Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 45-08, adopted on March 20, 2008: The laws and regulations relating to the preparation and adoption of Environmental Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by City staff and the Planning Commission; and 2. The Final EIR for GPA/ZC 06-1052 was prepared in accordance with CEQA Guidelines Section 15132; and 3. In accordance with State CEQA Guidelines Section 15151, the Planning Commission considered the following direction regarding "standards for adequacy" of an EIR: An EIR should be prepared with a sufficient degree of analysis to provide decision- makers with information, which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure; and 4. In accordance with CEQA Guidelines Sections 15151 and 15090, the Final EIR was considered for adequacy, completeness and good faith effort at full disclosure and has been completed in compliance with CEQA; and 5. Changes or alterations have been required in, or incorporated into, the project where feasible which avoid or substantially lessen the significant environmental effects of the project as identified in the Final EIR; and 6. The Final EIR analyzed a reasonable range of alternatives to the project, each of which has been rejected as infeasible due to specific considerations in accordance with State CEQA Guidelines Section 15091, as supported by the substantial evidence contained in the Statement of Facts, Findings and Mitigation Measures in Exhibit B; and 7. Attached Exhibit B containing the Statement of Facts, Findings and Mitigation Measures are appropriate and incorporated into the project; and 8. Attached Exhibit C containing the Statement of Overriding Considerations for significant unavoidable traffic (project and cumulative) impacts are appropriate and incorporated into the project; and 9. Attached Exhibit D containing the Mitigation Monitoring and Reporting Program is o~0AKF9~ T 3 v o ORIGINAL incorporated into the project; and WHEREAS, in accordance with State CEQA Guidelines Section 15132, the Final EIR consists of the following: The Draft EIR; 2. Comments and recommendations received on the Draft EIR either verbatim or in summary; 3. A list of persons, organizations and public agencies commenting on the Draft EIR; 4. The responses of the Lead Agency to significant environmental points raised in the review and consultation process; and WHEREAS, the Final EIR for GPA/ZC No. 06-1052 and PCD 06-2260 was prepared in accordance with State CEQA Guidelines Section 15132; and WHEREAS, in accordance with State CEQA Guidelines Section 15090 the lead agency (City of Bakersfield) shall certify that: The Final EIR has been completed in compliance with CEQA; and 2. The Final EIR was presented to the decision-making body of the Lead Agency and that the decision-making body reviewed and considered the information contained in the Final EIR prior to approving the project. WHEREAS, in accordance with State CEQA Guidelines Sections 15151 and 15090, the Final EIR was considered for adequacy, completeness and good faith effort at full disclosure and has been completed in compliance with CEQA; and NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: The City Council hereby certifies that it has received, reviewed, evaluated and considered the information contained in the Final EIR for GPA/ZC No. 06-1052 and PCD 06-2260. 2. The City Council hereby certifies the Final EIR for No. 06-1052 and PCD 06-2260. 3. The above recitals and findings incorporated herein by reference are true and correct and constitute the Findings of the City Council in this matter. 4. That all required notices have been given. 5. The provisions of CEQA have been followed. 6. The City Council hereby finds the mitigation incorporated into the project avoids impacts of mitigates impacts to a les than significant level. 7. The Final EIR has been reviewed by the City Council of the Lead Agency and the findings contained therein reflect the City Council's independent judgment and analysis. 4 o``gAKF~~ ~` m ~' r v o ORIGINAL 8. All of the foregoing findings are supported by substantial evidence in the record of the proceedings before the Planning Commission, which is maintained by the City's Planning Director in the Planning Department's offices at 1715 Chester Avenue, Bakersfield, CA 93301, and of the proceedings before the City Council, which is maintained by the City Clerk in the City Clerk's offices at 1501 Truxtun Avenue, Bakersfield, CA 93301. 9. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provision of Section 21152 of the Public Resources Code and Section 15094 of the State CEQA Guidelines adopted pursuant thereto. ---------000-------- 5 o``OAkF~~ U p ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on July 30, 2008 by the following vote: AYE COUNCILM S: COUNCILM ABSTAIN: COUNCILM ABSENT: COUNCILMI PAMELA A. McCARTHY, C CITY CLERK and Ex Offici Jerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: EXHIBIT A Location Map B Statement of Facts, Findings, and Mitigation Measures C Statement of Overriding Considerations D Mitigation Monitoring and Reporting Program CG - S:\GPA 1st 2008\06-1052 Panama Ashe EIR\EIR\Resos\CC FEIR.doc 6 o~OAK~~~~ ~~ v v ORIGINAL APPROVED JUL 3 0 2008 Exhibit A Location Map o``gAKF9~ i.... m r U O ORIGINAL J a 0 J J ~ ¢~2 a N~~ ~J~ O J W O ~ J UW~ W 4 ~ ~ ~ o O Q ~ ~ LL PR~~N'E~ Z ~ W~ W~ ~~ Z Q J J ~ G '^ 7 J ~ -~ ~ ~~ ~~~~o z p cy Q ~ ? ' , 1 ~ W ~ IQ- O /// ~WU a ~ Z N l W J V ~ a J - ~ ~ J a J ~ O J J c~ U ~ w Z Q z ~, - a o~ 0 N rn N Y Z ~-Q O ~ ~I <° Cn °n 0 p M Ch N 0 0 z ~ ~ ~ a ~ ~ ~nn~ ~ovoa aaodsool ~ L Q 5 J gAKF ~~ U p ORIGINAL. N N ~ ~ 2 ~ ~~ ~ ~ ~ ~ ~ goo Q20 'ill ~ ~-----_- ~~~ J h nn nN W `'Nn_f 1 r ' U~ w ~- o `~ o '~^ ~ V W Z u a I ~ 3 QU ~ a w ~, C ~ z ~ ~~,~o Q o /~ ZN Q ~ ~ ~¢~ ~~ Ifl~j. ~~~~ 0 U a .IIJ~~,L~_= ~I J~~~~- W 2 g a Z a~ ~ ~ LL O ~ N °' N N O Z ~'~ p ~ ~I ~ N o O ~ ~ M N M O N 0 UU a ~ ~ H ~ _ ~ ~ O~ ~U ~a ~ N U w Z s a 5 GPI ~ ~ N 4 N gAK ~ R ~ -- ~-. v c ORIGINAL Exhibit B Statement of Facts, Findings, and Mitigation Measures s o``~AKF T '- m ~' r U O ORIGINAL Findings of Fact and Statement of Overriding Considerations Introduction To support a decision on a project for which an Environmental Impact Report (EIR) is prepared, a Lead or Responsible Agency must prepare written findings of fact for each significant environmental impact identified in the EIR. Pursuant to Section 21081 of the Public Resources Code and Section 15091 of the State CEQA Guidelines, the City of Bakersfield, as the Lead Agency, has prepared these Findings of Fact for the Panama/Ashe Commercial Center project. These Findings of Fact must be adopted by the City Council after certification of the Final EIR and at the time of approval of the proposed project. Section 15091 of the CEQA Guidelines provides that no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: ^ 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. ^ Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. ^ Specific economic, legal, social, technological, or other considerations, including provisions of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. After considering the Final EIR in conjunction with making findings, the Lead Agency must not approve the project if it will have a significant effect on the environment unless it finds that the benefits of the project outweigh the unavoidable adverse environmental effects. CEQA requires Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 ., J8S 04191 O~ ~ A x~^~ ~ •7= i-- m U r- O ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations decision makers to balance the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve a project. Pursuant to Section 15093 of the CEQA Guidelines, a Statement of Overriding Considerations has been prepared for the proposed project. Project Objectives The CEQA Guidelines (Section 15124[b]) require that the project description contain a statement of objectives that includes the underlying purpose of the project. The objectives of the proposed project are as follows: ^ Facilitate a planned development consisting of a grocery store and related in-line tenants consistent with the market objectives of the applicant and its tenants. ^ Provide an accessible retail shopping center that meets the growing demands of the residents and planned communities in the southern and southwestern portions of the City of Bakersfield. ^ Assemble a variety of retailers that will satisfy the daily shopping needs of the surrounding neighborhoods, existing and planned, thus eliminating the need for residents to leave their neighborhoods for goods and services, a tangible byproduct of which is the reduction of traffic congestion and emissions. ^ Utilize existing infrastructure and public improvements to provide for the orderly development of a variety of land uses in a community to balance the demand for living, work, and shopping opportunities. ^ Provide a focal point for shopping needs and community development as well as a buffer between planned residential development south of the Silver Creek Plaza and Panama Lane, a major arterial. ^ Encourage quality planning and provide a gathering place for neighborhood residents. City of Bakersfield Goals and Objectives The City has identified in its MBGP goals and objectives guiding future urban growth, including the fast-growing southwest Bakersfield area. The general plan represents the official statement of the community's physical development goals as well as economic, social, and environmental goals. This project has been designed consistent with the applicable goals and objectives as documented in the DEIR. The City finds that this project is consistent with these goals and objectives. Panama/Ashe Commercial Center Project GPA/ZC March 2008 ,,,..,.~., 2 gAKF9 O~ ~'.c~ ~ rn F- r v o ORIGINAL City of Bakersfield Proposed Project Findings of Fact and Statement of Overriding Considerations The proposed project includes a GPA, zoning change, a Development Plan Review, a parcel map, and commercial development of approximately 137,609 square feet (sq ft) of leasable retail space and associated surface parking lots on approximately 20 gross acres. The design of the proposed project includes approximately 17 net acres of which approximately 16 acres would be dedicated to seven commercial pads. The 2 largest pads are designed to accommodate a "big box" grocery store (currently proposed as a WinCo Foods) and a pharmacy with drive-thru services. The remainder of the pads would be fast-food restaurants or other smaller retail shops. The project will be developed in a single phase, with opening anticipated in 2009. Proposed GPA As discussed above, the project applicant is proposing a GPA to change the existing MBGP land use designations. The proposed GPA would change the land use designations from LR -Low Density Residential to GC -General Commercial, which has a maximum floor area ratio (FAR) of 1.0 and 4 stories tall (for retail and service facilities that provide a broad range of goods and services, which serve the day-to-day needs of nearby residents). Zone Change The proposed project also includes a zoning change from R-1 -One Family Residential to C-2/PCD (Regional Commercial/Planned Commercial Development Zone) Entitlements and Approvals The applicant's specific entitlement objective under this environmental document is to obtain the City's approval of a GPA, Zone Change, Development Plan Review, and a parcel map. Findings of Fact Findings of Fact are based on information contained within the Draft and Final EIRs for the proposed Panama/Ashe Commercial Center project. The Draft EIR addresses the potential effects on the environment that are associated with the proposed project, and was made available for public review from January 9, 2008 until February 25, 2008. Comments were received from a variety of public agencies, organizations, and individuals. Panama/Ashe Commercial Center Project GPA/ZC March 2008 ~~AKF9 06-1052 3 O d'.c~ a m ~' r U ~ ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations The Final EIR contains copies of the comments, provides responses to those comments, and includes Errata for the Draft EIR with changes that were made as a result of the comments received on the Draft EIR. This section provides a summary of the potentially significant environmental effects of the project that are discussed in the EIR, and provides written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each Finding. Environmental Impacts Summary of Impacts The Final EIR indicates that significant impacts would occur to the following environmental resources if the proposed project is implemented: ^ transportation/traffic. The following environmental impacts were found to be significant, but could be reduced to less than significant levels through the implementation of appropriate mitigation measures. ^ Aesthetics, ^ air quality, ^ biological resources, ^ cultural resources, ^ geology and soils, ^ hazards and hazardous materials, ^ hydrology and water quality, ^ land use and planning, ^ noise, and ^ public services and utilities. Other environmental impacts were identified and disclosed within the Draft EIR. Impacts that were determined to be less than significant and that would not require the implementation of mitigation include: ^ minerals ^ urban decay/economics. 06-1052/Ashe Commercial Center Project GPA/ZC March 2008OQ~AKF9 4 ~, T ~' m ~ r U D ORIGfNAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations These findings are presented by environmental resource and are presented separately for environmental impacts that are significant but mitigated to less than significant levels, and significant unavoidable environmental impacts. Where mitigation measures are proposed, these mitigation measures are included in a Mitigation Monitoring Plan, which has been prepared separately from these Findings of Fact. In addition to the mitigation measures that have been incorporated into the proposed project, two alternatives were identified in order to attempt to reduce significant environmental impacts associated with the proposed project. Environmental Impacts That Are Mitigated to Less Than Significant Levels Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 5 o~gAKF ~ s ~' m ~ ~ U ~ ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Aesthetics Impact AES-2. Implementation of the proposed project could result in impacts from an increase in nighttime lighting; however, because significant visual resources are not present, the proposed project would not adversely affect nighttime views in the area. As part of the proposed project, a number of new lighting sources would be introduced within the proposed project area. These would include various internally illuminated or indirectly illuminated business wall signs, internally illuminated shopping center entrance pylon signage, and shielded, downward- directed parking lot pole lighting. Some light also would emanate from the business interiors through windows and entrances. In addition, for nighttime safety purposes, limited downward-directed exterior wall lighting is likely to be proposed at building corners and in the rear loading areas. In accordance with the goals and policies previously outlined, lights would be focused downward and would not be directed off site. As part of the project, light fixtures would be aimed and adjusted as necessary, and reflector shields, louvers, and hoods would be installed to reduce glare (City of Bakersfield 2007e). These measures, in addition to using directional lighting, would minimize light pollution, and would direct light away from adjacent properties and road rights-of-way. Alighting plan would be required for the proposed project, as detailed in the City's zoning ordinance. In its review of the lighting plan, the City would stipulate what lighting standards would be applied to the entire proposed project. Compliance with the City's light standards would avoid significantly adverse lighting impacts. Implementation of the following mitigation measure, however, would ensure that impacts remain less than significant. Mitigation MM AES-2. Minimize Spill Light. During the installation of lighting standards, luminaries shall be provided with filtering louvers and hoods to minimize spill light to adjacent properties. Nighttime evaluation shall be conducted to ensure that spillover light and glare are avoided, and documentation of the final testing results shall be provided to the City for acceptance before granting the developer a final certificate of occupancy. Panama/Ashe Commercial Center Project GPA/ZC March 2008 6AKF9 06-1052 6 O~ ~',~ ~ rn ~- r v o ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Air Quality Impact AQ-2. The impact of the project-related operational emissions would be significant and mitigation measures are required. The major long-term impact on air quality would be emissions caused by motor vehicles traveling to and from the area. The proposed project operational emissions would be generated by area sources and mobile sources as a result of normal day-to-day activities on the project site after occupation. These emissions would also be generated by the consumption of natural gas for space and water heaters. Emissions would also be generated during the operation of landscape maintenance equipment, and from consumer products. Mobile emissions would be generated by the motor vehicles traveling to and from the project site, including heavy-duty diesel trucks. Mitigation MM AQ-2.1. Agree to Reduce Voluntary Net Emissions Impacts to Zero. As a design feature of the project, the project applicant has entered into a Voluntary Emission Reduction Agreement to reduce net ROG, NOX, and PM,o impacts to zero, which exceeds benefits related to compliance with Rule 9510. MM AQ-2.2. Include Design Features As a condition of project approval, the project applicant shall include the following standard measures in the project design: ^ Sidewalks on both sides of the streets. ^ Bike lanes on arterials and collectors. These design features shall be implemented in addition to the City of Bakersfield's policies for air quality. Panama/Ashe Commercial Center Project GPA/ZC March 2008 ~gAKF9 06-1052 ~ O `j'-c~ ~ m F- r v o ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Finding Changes or alterations have been incorporated into the project that avoid or substantially lessen the significant environmental effects. These changes are identified in the form of mitigation measures as presented above. The City hereby finds that implementation of the mitigation measures above are feasible, and are therefore adopted. Biological Resources Impact BIO-1. Development of the site could result in impacts to the federally listed endangered and state-listed threatened San Joaquin kit fox. While habitat features and other signs for this species are not present on site, the species is known to occur in the vicinity of the site. Therefore, there is potential for this species to occur on site, and impacts to this species could be significant. Mitigation MM BIO-1.1. Pay Development Impact Fees Pursuant to the Metropolitan Bakersfield Habitat Conservation Plan Prior to issuance of grading permits, the project applicant shall pay fees pursuant to the MBHCP. The San Joaquin kit fox is a covered species within the MBHCP. The payment of development impact fees is considered adequate mitigation under the MBHCP to minimize impacts to special-status species. The fees are placed in an account for habitat acquisition and management to be used by the MBHCP Trust Group. Upon approval of the proposed project, the applicant shall pay the required mitigation fee or fees. Upon the payment of this fee and receipt of City project approval, the development applicant shall become asub- permittee and shall be allowed the "incidental take" of the species in accordance with state and federal endangered species laws and mitigation requirements of all parties, including state, federal, and local (MBHCP). MM BIO-1.2. Conduct Preconstruction Clearance Survey for San Joaquin Kit Fox and Burrowing Owl Within 30 days prior to any ground-disturbing activities, a qualified biologist shall conduct clearance surveys for San Joaquin kit fox and burrowing owls. If active dens or burrows are found and cannot be avoided, these dens and/or burrows shall be monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP. MM BIO-1.2a._Burrowing Owl Avoidance and Passive Relocation If, during the preconstruction clearance survey described in MM BIO-1.2, burrowing owls are identified, occupied burrows would not be disturbed during the nesting season (February 1 through August 31 for owls and other raptors), including a minimum 250-foot buffer zone around any occupied burrow unless a qualified biologist approved by CDFG verifies Panama/Ashe Commercial Center Project GPA/ZC March 2008 ,,,. ,,,~., 8 s o~~AKF9,~ '- m ~ r U O ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations through non-invasive methods that either: 1) burrowing owls have not begun egg laying and incubation or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival. The size of individual buffers may be modified through coordination with Department of Fish and Game based on site-specific conditions and existing disturbance levels. During the non-nesting season or if the qualified biologist determines either 1) burrowing owls have not begun egg laying and incubation or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival„ the project proponent would encourage owls to passively relocate. Passive relocation is defined as encouraging owls to move from occupied burrows to alternate natural or artificial burrows that are beyond 50 meters from the impact zone and that are within or contiguous to a minimum of 6.5 acres of foraging habitat for each pair of relocated owls (CBOC, 1993). Regarding passive relocation, The Burrowing Owl Survey Protocol and Mitigation Guidelines state that: "Owls should be excluded from burrows in the immediate impact zone and within a 50 m (approx. 160 ft.l buffer zone by installing one-way doors in burrow entrances. One-way doors should be left in place 48 hours to insure owls have left the burrow before excavation One alternate natural or artificial burrow should be provided for each burrow that will be excavated in the project impact zone. The project area should be monitored daily for one week to confirm owl use of alternate burrows before excavating burrows in the immediate impact zone. Whenever possible burrows should be excavated using hand tools and refilled to prevent reoccupation Sections of flexible plastic pipe or burlap baes should be inserted into the tunnels " MM BIO-1.3. Conduct "Tailgate" Session for All Construction Personnel Prior to initial groundbreaking, atailgate session shall be conducted by a qualified biologist to educate construction personnel on relative federal, state, and local laws related to potentially occurring special-status species at the site. The tailgate session shall include training for construction personnel on identification and avoidance techniques related to potentially occurring special-status species at the site. Construction personnel shall also be instructed to be on the lookout for special-status species described at the tailgate session. Any evidence, such as dens or burrows, observed during construction shall be promptly reported to the reviewing agency for resolution. MM BIO-1.4. Cap All Pipes, Culverts, or Similar Structures That Are Four Inches or Greater in Diameter Prior to initial groundbreaking, all exposed pipes, culverts, and other similar structures with a greater than four-inch diameter shall be properly capped in order to prevent entry by San Joaquin kit fox or other species. All structures not capped shall be inspected prior to burial or closure in Panama/Ashe Commercial Center Project GPA/ZC March 2008 gAKF,9 06-1052 9 ~~ J+~ ~' m ~ r v o ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations order to ensure that kit fox or other species are not present within the structure. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of mitigation measures as presented above. The City hereby finds that implementation of the mitigation measures above are feasible, and are therefore adopted. Cultural Resources Impact CR-1. Based on a cultural resources record search and a pedestrian survey of the proposed project site, there is no evidence that significant archaeological resources exist on site. During groundbreaking activities, there is the potential to disturb previously unknown subsurface archaeological resources. Disturbance of previously unknown archaeological resources could cause a substantial adverse change in the significance of an archaeological resource. This could result in a significant impact. Mitigation MM CR-1. Cease Construction and Engage a Qualified Archaeologist to Assess the Resources if Buried Cultural Resources Are Inadvertently Discovered during Ground-Disturbing Activities If buried cultural resources, such as chipped or ground stone, historic bottles or ceramics, building foundations, or non-human bone are inadvertently discovered during ground-disturbing activities, work shall stop in that area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. Sites discovered to have relevance to Native Americans should be made known to the appropriate individuals/agencies/groups as determined by the archaeologist in consultation with the lead agency. If archaeological sites are discovered on site during construction, and an archaeologist is contacted to determine the significance of the find, the developer shall provide written evidence to the City Planning Department that a qualified archaeologist has been retained, shall be present at the pre-grading conference, shall establish procedures for archaeological resource surveillance, and shall establish in cooperation with the project developer procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts, as appropriate. Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 10 O~~ AK~9~'-c~ > m 1- r v ° ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Impact CR-2. There is no evidence that human remains exist on site. During groundbreaking activities, there is the potential to inadvertently unearth human remains, which could result in significant impacts. Mitigation MM CR-2. Provide Appropriate Treatment and Analysis of Human Remains Inadvertently Discovered during Ground-Disturbing Activities If human remains of Native American origin are discovered during project construction, it is necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission (Public Resources Code Section 5097). If any human remains are discovered or recogni2ed in any location other than a dedicated cemetery, 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 Kern County has been informed and has determined that no investigation of the cause of death is required, and ^ if the remains are of Native American origin, 1. the Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the commission, or 2. the descendants of the deceased Native Americans have made a recommendation 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. According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100) and disturbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 requires that construction or excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If the remains are determined to be Native American, the coroner must contact the California Native American Heritage Commission. Panama/Ashe Commercial Center Project GPA/ZC March 2008 os-~os2 ~ ~ ~AKF9 o~ s~ >- m -- r U 0 ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Geoloay and Soils Impact GEO-1. The presence of large amounts of raw materials for construction, including concrete, asphalt, and slurry, may lead to storm water runoff contamination. If uncontrolled, these materials could lead to erosion problems, including sediment-laden runoff and wind-driven erosion. This potential impact is mitigated by the implementation of a measure identified in Hydrology/Water Quality (MM WQ-1). Mitigation MM WQ-1. Prepare a Storm Water Pollution Prevention Plan to Minimize the Effects of Construction Runoff. Prior to issuance of grading permits, a SWPPP shall be developed for the construction phase of the proposed project and construction-phase BMPs shall be implemented to capture and treat polluted runoff from the proposed project site. Recommended BMPs for the construction phase may include, but are not limited to, the following: ^ proper stockpiling and disposal of demolition debris, concrete, and soil; ^ protecting existing storm drain inlets and stabilizing disturbed areas; ^ implementing erosion controls; ^ properly managing construction materials; and ^ managing waste, aggressively controlling litter, and implementing sediment controls. These requirements shall be incorporated into design specifications and construction contracts. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. 06-1052/Ashe Commercial Center Project GPA/ZC March 2008 ~gAKF9 12 p cP,r ~` m ~ r- v a ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Impact GEO-2. Because the site is found on alluvium, there is the potential for the presence of collapsible soils at the site coupled with a significant storm event. Mitigation MM GEO-2. Conduct Site-Specific Geotechnical Testing for Collapsible Soils Prior to final design and initiation of any construction activities, a qualified geotechnical engineer shall conduct site-specific testing in order to determine the potential for collapsible soils at the proposed project site. A soils/geotechnical report shall be submitted to the Building Director prior to grading. If it is determined that the proposed project site contains collapsible soils, appropriate engineering measures shall be included in the project design to relieve this potential hazard, including application of engineered fill and/or foundations for the proposed structures and parking areas. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Impact GEO-3. There is a risk of structural damage if the soils are subject to shrinking and swelling. Mitigation MM GEO-3. Conduct Site-Specific Geotechnical Testing for Expansive Soils During final design and prior to any construction activities, a qualified geotechnical engineer shall conduct site-specific geotechnical testing in order to determine the expansive index of the site's soils at the proposed project site (in conjunction with Mitigation Measure MM GEO-2). A soils/geotechnical report shall be submitted to the Building Director prior to grading. If it is determined that the proposed project site contains expansive soils, appropriate engineering measures shall be included in the project design to relieve this potential hazard, including application of engineered fill and foundations for the proposed structures and parking areas. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Panama/Ashe Commercial Center Project GPA/ZC March 2008 ~AKF9 06-1052 ~ 3 0~ ~~ ~- m F- r J 0 ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Hazards and Hazardous Materials Impact HAZ-2. The presence of one capped inactive water well; a subsurface metal pipe; and a concrete standpipe for a derelict irrigation system, presents safety issues for site development. The abandoned well would not be used as part of the proposed project and is scheduled to be properly destroyed in accordance with state and local guidelines prior to implementation of the proposed development. Mitigation MM HAZ-4.2. Abandon/Close/Destroy Water Well to Prevent a Public Hazard Prior to issuance of any grading permits, the existing water well shall be properly abandoned, closed, and/or destroyed in accordance with state and local guidelines. Evaluation and verification by the Kern County Environmental Health Services Department (KCEHSD) Well Water Program shall be conducted, and a permit shall be issued, as required. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Hydrolopy and Water Quality Impact WQ-1. Proposed project construction activities have the potential to result in erosion, sedimentation, and the discharge of construction debris from the project site. Clearing of vegetation and grading activities, for example, could lead to exposed or stockpiled soils susceptible to peak storm water runoff flows. The compaction of soils by heavy equipment may minimally reduce the infiltration capacity of soils (exposed during construction) and increase runoff and erosion potential. The presence of significant amounts of raw materials for construction, including concrete, asphalt, and slurry, may lead to storm water runoff contamination. If uncontrolled, these materials could lead to water quality problems, including sediment-laden runoff, prohibited non-storm water discharges, and ultimately the degradation of downstream receiving water bodies. Consequently, short-term impacts to surface water quality during construction activities are considered potentially significant. Non-point source pollution is caused by surface runoff that picks up and carries away natural and human-made pollutants, finally depositing them into lakes, rivers, wetlands, coastal waters, and groundwater. New surface parking areas especially contribute to non-point source pollution (e.g., oil, grease, radiator fluid, pesticides, and excess fertilizer from Panama/Ashe Commercial Center Project GPA/ZC March 2008 os-~ os2 gAKF 14 ~ 9 O ~'.c~ '~ m ~ r U ~ ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations landscape maintenance activities, etc.) washed into storm water conveyance structures during rain events. As a result, urban development can result in the pollution of offsite drainages and aquifers. Mitigation MM WQ-1.1 Prepare a Storm Water Pollution Prevention Plan to Minimize the Effects of Construction Runoff Prior to issuance of grading permits, a SWPPP shall be developed for the construction phase of the proposed project and construction-phase BMPs shall be implemented to capture and treat polluted runoff from the proposed project site. Recommended BMPs for the construction phase may include, but are not limited to, the following: ^ proper stockpiling and disposal of demolition debris, concrete, and soil; ^ protecting existing storm drain inlets and stabilizing disturbed areas; ^ implementing erosion controls; ^ properly managing construction materials; and ^ managing waste, aggressively controlling litter, and implementing sediment controls. These requirements shall be incorporated into design specifications and construction contracts. MM WQ-1.2. Prepare a Water Quality Management Plan to Minimize the Effects of Operational Runoff and Pollution Prior to issuance of grading permits, the applicant shall prepare a water quality management plan (WQMP) for the project that identifies post- construction treatment control and design measures that minimize runoff and surface water pollution. The WQMP shall be prepared in accordance with the Kern County SUSMP and the City of Bakersfield Design Manual (Bakersfield 1989). During final design of the proposed project, the applicant shall implement a suite of post-construction storm water quality treatment and control BMPs designed to address the most likely sources of storm water pollutants resulting from operation of the proposed project. These measures may include, but shall not be limited to, installation of screens and filters into catchment basins, storm water receptors, detention basins, drainage swales, and/or other measures in accordance with the Kern County SUSMP. Incorporation of City-approved project design features into the project design, as well as access and construction documents, shall ensure that operational surface water quality is below applicable water quality standards. Panama/Ashe Commercial Center Project GPAJZC March 2008 os-~ 052 15 ~ gAKF9 o ~,~ '- m ~- r V O ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of mitigation measures as presented above. The City hereby finds that implementation of the mitigation measures above are feasible, and are therefore adopted. Impact WQ-3. The proposed project site is essentially flat ground with modest potential for runoff and soil erosion. Construction would create bare ground that would be exposed to potential erosion; any erosion off site would create a significant impact because it could flow into downstream water bodies. Mitigation Implement Mitigation Measures MM WQ-1.1 and MM WQ-1.2 (see above). Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of mitigation measures as presented above. The City hereby finds that implementation of the mitigation measures above are feasible, and are therefore adopted. Impact WQ-4. The proposed project site is essentially flat ground with only modest potential for runoff that could lead to flooding. As noted in the discussion of Impact WQ-3, grading activities during construction would not alter the course of a stream or river. During operation of the project, Any water that was to drain off site would be required by the County of Kern and the City to be directed into storm water drainage infrastructure that would transport water to detention basins, where the water would percolate into the soil column and drain into the substrata. Mitigation Implement Mitigation Measures MM WQ-1.1 and MM WQ-1.2 (see above). Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of mitigation measures as presented above. The City hereby finds that implementation of the mitigation measures above are feasible, and are therefore adopted. Panama/Ashe Commercial Center Project GPA/ZC March 2008 gAK~c 06-1052 16 O~ 9~',~, ~' m ~ r v a ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Impact WQ-5. There is a potential for urban-use-related water pollution (e.g., oil grease, radiator fluid, pesticides, and excess fertilizer from landscape maintenance activities, etc.) to mix with excessive site runoff. Mitigation Implement Mitigation Measures MM WQ-1.1 and MM WQ-1.2 (see above). Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of mitigation measures as presented above. The City hereby finds that implementation of the mitigation measures above are feasible, and are therefore adopted. Land Use and Planning Impact LUP-3. There is a potential for the project to impact the San Joaquin kit fox. The proposed project is within the MBHCP and would be consistent with the goals and policies outlined in the MBHCP. Payment of development impact fees would reduce impacts to species covered under the MBHCP, as detailed in Mitigation Measure MM BIO-1.1. Mitigation MM BIO-1.1. Pay Development Impact Fees Pursuant to the Metropolitan Bakersfield Habitat Conservation Plan Prior to issuance of grading permits, the project applicant shall pay fees pursuant to the MBHCP. The San Joaquin kit fox is a covered species within the MBHCP. The payment of development impact fees is considered adequate mitigation under the MBHCP to minimize impacts to special-status species. The fees are placed in an account for habitat acquisition and management to be used by the MBHCP Trust Group. Upon approval of the proposed project, the applicant shall pay the required mitigation fee or fees. Upon the payment of this fee and receipt of City project approval, the development applicant shall become asub- permittee and shall be allowed the "incidental take" of the species in accordance with state and federal endangered species laws and mitigation requirements of afl parties, including state, federal, and local (MBHCP). Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 ~ ~ o~~AKF9~T > n, F- r v ~ ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Noise Impact NOI-1. During the construction of the proposed project, noise from construction activities would potentially impact noise-sensitive land uses in the immediate area. Activities involved in construction would generate noise levels of approximately 55 dBA at the project boundary, which is below the City standard. Construction noise levels would not significantly impact the surrounding noise-sensitive land uses. Construction noise could result in annoyance or sleep disruption for nearby residents if nighttime operations were to occur or if equipment were not properly muffled or maintained. Measures are recommended to ensure that construction noise levels are minimized to the extent practicable. During operation of the project, project-related traffic could adversely affect noise levels in the surrounding area. Average daily traffic volumes for the existing year and future (2030) scenarios were used to predict the changes in traffic noise at selected roadway segments The existing noise levels were found to range from approximately 58 dBA to approximately 65.5 dBA CNEL. These levels would not exceed the applicable noise standards. The following mitigation measures would ensure the reduction of noise impacts: Mitigation -Construction MM NOI-1.1. Ensure That All Noise-Producing Construction Equipment and Vehicles Use Noise-Reducing Features All noise-producing construction equipment and vehicles using internal combustion engines shall be equipped with mufflers, air-inlet silencers where appropriate, and any other shrouds, shields, or other noise- reducing features in good operating condition that meet or exceed original factory specification. Mobile or fixed "package" equipment (e.g., arc- welders, air compressors) shall be equipped with shrouds and noise- control features that are readily available for that type of equipment. MM NOI-1.2. Use Electrically Powered Equipment Where Feasible Electrically powered equipment shall be used instead of pneumatic or internal combustion powered equipment, where feasible. Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 18 ~ 0 AKF9 o ~.~. >- m -- r v O ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations MM NOI-1.3. Locate Stockpiles and Staging, Parking, and Maintenance Areas Away from Noise-Sensitive Receptors Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise- sensitive receptors. MM NOI-1.4. Establish and Enforce Speed Limits Construction site and access road speed limits shall be established and enforced during the construction period. MM NOI-1.5. Conduct Construction Operations during the Day Construction operations shall only occur between 8:00 a.m. and 6:00 p.m. MM NOI-1.6. Use Noise-Producing Signals for Safety Only The use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. MM NOI-1.7. Ensure That Public Address and Music Systems Are Not Audible at Adjacent Receptors No project-related public address or music system shall be audible at any adjacent receptor. MM NOI-1.8. Adhere to a Process for Resolving Noise Complaints The onsite construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the owner shall be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor. Mitigation -Operation MM NOI-1.9. Construct Walls to Reduce Noise Levels A 14-foot-high wall, as measured from the finished grade of the commercial property, shall be constructed at the southern and western property lines to reduce noise levels associated with operating noises levels, specifically delivery truck noises. If an acoustical study is performed based on actual construction materials and/or conditions and it provides evidence that the block wall may be reduced in height, the Planning Director may at his discretion reduce the height of the block wall. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of mitigation measures as presented above. The City hereby finds that implementation of the mitigation measures above are feasible, and are therefore adopted. Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 ~ g O~~AK~9~'-c. > m ~_ r U ~ ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Public Services and Utilities Impact PS-5. Waste generation projected by the project is approximately 13 pounds per day for every 1,000 sq ft of development for commercial uses. Using this generation rate, the proposed project would generate approximately 0.9 ton (1,800 pounds) of solid waste per day and approximately 327 tons per year. The existing landfill currently has enough capacity to accommodate this increase in solid waste, and as such, the proposed project would not result in adverse impacts on solid waste facilities. In order to ensure that solid waste is minimized, the following mitigation measures are identified: Mitigation MM PS-5. Recycle Construction Debris to Minimize Impacts on Solid Waste Services Prior to the issuance of any building permit, the project applicant shall submit to the City for review and approval a plan to separate recyclable/reusable construction debris. The plan shall include the method the contractor will use to haul recyclable materials and shall include the method of and location of material disposal. The contractor shall be responsible for hauling construction debris to the Mount Vernon Recycling Center or entering into a contract with a licensed hauler for disposal of construction debris. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Panama/Ashe Commercial Center Project GPA/ZC March 2008~~A~~ 06-1052 20 O ~. v ~ ORIGINP~L City of Bakersfield Findings of Fact and Statement of Overriding Considerations Significant Unavoidable Environmental Impacts Transaortation and Traffic Impact TR-1. The proposed project would cause an increase in traffic that would have a significant impact on area roadways and intersections in the future. The proposed project would result in 9,948 daily trips, with 267 weekday AM peak hour trips, 913 weekday PM peak hour trips, and 1,141 Saturday peak hour trips. The project impacts are compared to future no project conditions at buildout (2008), and for Year 2030. For the "2008 - no project" scenario, two unsignalized intersections would experience an unacceptable LOS (LOS D), including southbound movements of Reliance Road and Panama Lane, and northbound movements of Ashe Road and Taft Highway. Southbound movements of Ashe Road and Taft Highway would experience LOS E. Both intersections have been identified as intersections requiring installation of a traffic signal by 2008. One roadway segment, Panama Lane between Akers Road and Wible Road, would operate at an unacceptable LOS D. There would be no signalized intersections that would operate below an acceptable LOS. For the "2030 - no project" scenario, Increases in traffic volumes anticipated with continuing development in southern and western Metropolitan Bakersfield will affect the existing streets and freeway stems within the study area. Of the 16 unsignalized intersections within the analysis area, 14 are projected to fail by 2030 under one or more of the three traffic conditions (afternoon peak hour, morning peak hour, or Saturday peak hour) as a result of cumulative growth and future planned projects in the area. All of the signalized intersections are expected to fail. It is anticipated that many of the improvements required to maintain or improve the operational LOS of the transportation facilities in the vicinity of the project will be constructed through the City's regional and local transportation impact fee programs. For the "2008" with Project" scenario, Three unsignalized intersections would perform at unacceptable LOS in 2008 with the project: Ashe Road and Harris Road in the PM peak hour (a change from C without project to D with project), the southbound movement of Reliance Road and Panama Lane in the PM peak hour (from D without project to F with project), and Ashe Road and Taft Highway in the PM and AM peak hours (the southbound movement would change from E without project to F with project). All three are identified as warranting a signal by 2008. All signalized intersections would perform at acceptable LOS in 2008 with the project. One roadway segment, Panama Lane between Akers Road Panama/Ashe Commercial Center Project GPA/ZC March 2008 os-~ os2 21 o~gAKF9s~ ~' m ~" r v o ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations and Wible Road, would continue to operate at an unacceptable LOS in 2008 with the project. In summary, the facilities in 2008 that have significant impacts attributable to the project include the unsignalized intersections of Ashe Road and Harris Road (weekday PM peak hour), Reliance Road and Panama Lane (weekday PM peak hour and SAT peak hour), and Ashe Road and Taft Highway (weekday PM and AM peak hours). For the "2030 With Project" scenario, every unsignalized intersection is projected to fail almost all of the time with only two exceptions: Reliance Road and Berkshire Road in the PM, AM, and Saturday peak hours and Mountain Ridge Drive and Berkshire Road in the PM, AM, and Saturday peak hours. The LOS for these intersections is the same in 2030 without the project as with the project. Intersections identified as warranting a signal by 2030 are: Mountain Ridge Drive and Panama Lane, Gosford Road and Berkshire Road, Ashe Road and Berkshire Road, Stine Road and Berkshire Road, Gosford Road and McCutchen Road, Reliance Road and McCutchen Road, Ashe Road and McCutchen Road, Mountain Ridge Drive, and McCutchen Road, Stine Road and McCutchen Road, Ashe Road and McKee Road, and Ashe Road and Taft Highway. Many signalized intersections are also project. In fact, transportation facilities with and without the project are the growth in the study area, to which t Because of the unacceptable LOS i mitigation measures are required to i project's fair share contribution h improvement. projected to fail in 2030 with the with significant impacts in 2030 same because of the cumulative he proposed project contributes. n 2030 with project condition, mplement improvements, and the as been calculated for each Mitigation Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 22 g A K~c O~ 9'j'.c~ ~- m ~ r v o ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Tables 1 and 2 indicate which intersections and roadways require improvements and what mitigation would be required. It should be noted that the total improvements required by 2008 are those improvements that would bring the intersection or roadway to LOS C. The total improvements required by 2030 include the RTP improvements and the local improvements. The local mitigation represents those improvements not covered under the RTIP, and the project fair share percent is based on implementation by 2030. Four intersections (Gosford Road and Panama Lane; Ashe Road and Panama Lane; Stine Road and Panama Lane; and Wible Road and Panama Lane) require extensive mitigation beyond the existing intersection configuration to maintain LOS C by 2030. These four intersections are discussed in depth in the Level of Significance after Mitigation section. Table 1. Future Intersection Improvements and Mitigation Required Total Local Mitigation Project Improvements Total Improvements (Improvements Not Share for Local # Intersection Required by 2008 Required by 2030 Covered by RTIF) Mitigation 1.EBL, 1.EBR, 1.EBL 1.EBR 1 Ashe Rd & , , 1.WBL, 1.NBL, 1.WBL 1.NBL 3.55% White Ln , , 1.SBT 1.NBT, 1.SBL, 1.NBT 1.SBL , , 1.SBT 1.EBL, 1.WBL, 1.EBL 1.WBL 2 Ashe Rd & , , 1.WBR, 1.NBL, 1.WBR 1.NBL 3.61% District Blvd , , 1.SBT 1.NBT, 1.SBL, 1.NBT 1.SBL , , 1.SBT 3 Gosford Rd & Harris Rd 1.NBL, 1.SBT' 1.SBT' 1.81% Ashe Rd & Install Signal- Install Signal- 4 Harris Rd Install Signal 1.EBT, 1.WBR, 1.EBT, 1.WBR, 7.00% 1.NBL, 1.SBL 1.NBL, 1.SBL Install Signal-2.EBL, 2.EBT, 1.EBR, 5 Old River Rd & 2.WBL, 2.WBT, - - Panama Ln 1.WBR, 2.NBL, 2.NBT, 1.NBR, 2.SBL, 2.SBT, 1.SBR 1.EBL, 2.EBT, Gosford Rd & 1.EBR, 1.WBL, 6 Panama Ln 2.WBT, 1.NBL, - - 2.NBT, 1.NBR, 1.SBL, 2.SBT 7 Reliance Rd & Install Signal- Install Signal-1.EBL, 1.EBT 1.EBR ~ 1.SBL ° 6.51 /o Panama Ln 1.SBL , ~ 2.WBL, 1.SBL 1.EBL, 2.EBT, 8 & 1.EBR, 1.WBL, 1.WBT 2.NBL 2.SBT' 1.SBL' 6.71% Panama , , 1.NBT 1.SBL , l , 2.SBT Panama/Ashe Commercial Center Project GPA/ZC March 2008 os-~ 052 ~~ ~gAKF9 o s-~ >- m F- r v o ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Total Local Mitigation Project Improvements Total Improvements (Improvements Not Share for Local # Intersection Required b 2008 Required by 2030 Covered b RTIF) Mitigation 9 Mtn Ridge Dr & Install Signal-1.EBL, Panama Ln 1.SBR 1.EBT, 1.WBL, 1.SBL 4.74% 1.WBT, 1.SBL 10 Stine Rd & Panama Ln 1.NBT, 1.SBT' 1.SBT' 3.00% 11 Akers Rd & 1.EBR, 1.WBL, Panama Ln 1.WBR - - 12 Wible Rd & 1.WBR, 1.NBT, ' Panama Ln 1.SBT 1.SBT 1.11% Install Signal- 13 Gosford Rd & 2.NBL, 1.NBT, Berkshire Rd 1.NBR, 2.SBL, - - 1.SBT, 1.SBR 15 Ashe Rd & Install Signal- Berkshire Rd 1.NBL, 1.SBL, 1.SBT _ - Install Signal- 17 Stine Rd & Berkshire Rd 1 WBL 1.WBL, 1.NBL, 1.NBT, 1.NBR, 1.WBL 3.25% 2.SBL, 1.SBT, 1.SBR Install Signal-2.EBL, 2.EBT, 1.EBR, 18 Gosford Rd & 1 EBL 1.WBL, 2.WBT, - McCutchen Rd . 2.NBL, 2.NBT, - 1.NBR, 2.SBL, 2.SBT, 1.SBR 19 Reliance Rd & McCutchen Rd Install Signal - - Ashe Rd & Install Signal-1.EBL, 20 McCutchen Rd 1.WBL, 2.NBL, - - 1.NBR, 2.SBL, 1.SBR Mountain Ridge 21 Dr & Install Signal - - McCutchen Rd Install Signal-2.EBL, 2.EBT, 1.EBR, 22 Stine Rd & 2.WBL, 2.WBT, McCutchen Rd - - 1.WBR, 2.NBL, 2.NBT, 2.SBL, 2.SBT, 1.SBR 23 Ashe Rd & McKee Rd Install Signal-1.SBL - - Install Signal- Install Signal-2.EBL, Ashe Rd & 1.EBL, 1.WBL, 1.EBT, 1.EBR, 24 Taft Hwy (SR 1.NBL, 1.SBL 2.WBL, 1.WBT, 2.NBL 2.07% 119) 1.WBR, 2.NBL, 2.SBL, 1.SBR PanamalAshe Commercial Center Project GPA/ZC March 2008 06-1052 24 ~gAKF9 o ~.~ m F- r J ~ ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Total Local Mitigation Project Improvements Total Improvements (Improvements Not Share for Local # Intersection Required by 2008 Required by 2030 Covered by RTIF) Miti ation Note: Striping Only NB =Northbound SB =Southbound L =Left-Turn Lane WB =Westbound T =Through Lane EB =Eastbound R =Right-Turn Lane Source: Appendix M Table 2. Future Intersection Improvements and Mitigation Required Local Mitigation Total (Improvements Total Improvements not Project Share Improvements Required by covered by for Local Roadway Required b 2008 2030 RTIF) Miti ation Gosford Road: Pacheco Add 2 lanes - - Road-Panama Lane Gosford Road: Panama Add 2 lanes - - Lane-McCutchen Road Ashe Road: District Blvd- Add 2 lanes Add 2 lanes3 9.66% Harris Road Ashe Road: Harris Road- Add 2 lanes Add 2 lanes4 9.72% Panama Lane Ashe Road: Panama Add 2 lanes - - Lane-McCutchen Road Stine Road: Panama Add 2 lanes - - Lane-McCutchen Road Panama Lane: Old River Add 4 lanes Add 2 lanes' 3.97% Road-Gosford Road Panama Lane: Gosford Add 3 lanes Add 1 laneZ 10.19% Road-Ashe Road Panama Lane: Ashe Add 2 lanes - - Road-Stine Road Panama Lane: Stine Add 2 lanes - - Road-Akers Road Panama Lane: Akers Add median Add 2 lanes. - - Road-Wible Road Add median Portions have been widened adjacent to development. Project % share should be based on areas that need to be widened within the stated limits. s Striping improvements only; pavement has been widened to full width. s Portions have been widened adjacent to develo pment. Project % share should be based on areas that need to be widened within the stated limits. Striping improvements only for the northbound; pavement has been widened to full width. a Striping improvements only for the southbound; pavement has been widened to full width. The following mitigation measures were developed for the project based on RTP improvements and local improvements that would be required to PanamalAshe Commercial Center Project GPA/ZC March 2008 Q~AKF9 06-1052 25 O ~-c~ ~ m r v O ~~I~INAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations meet the City's LOS C threshold. The regional transportation impact fee is based on a fee of $149 per project trip. While the payment of the regional transportation fee would be required upon final site plan approval, the City determines the timing of implementation of the regional transportation improvement based on whether an intersection exceeds the LOS threshold and the availability of funding. MM TR-1.1 Prior to final site plan approval, the project applicant shall pay a 3.55 percent fair share local transportation improvement fee for implementation of improvements at Ashe Road and White Lane. These improvements include one eastbound left turn lane, one eastbound right turn lane, one westbound left turn lane, one northbound left turn lane, one northbound through lane, one southbound left turn lane, and one southbound through lane. MM TR-1.2 Prior to final site plan approval, the project applicant shall pay a 3.61 percent fair share local transportation improvement fee for implementation of improvements at Ashe Road and District Boulevard. These improvements include one eastbound left turn lane, one westbound left turn lane, one westbound right turn lane, one northbound left turn lane, one northbound through lane, one southbound left turn lane, and one southbound through lane. MM TR-1.3 Prior to final site plan approval, the project applicant shall pay a 1.81 percent fair share local transportation improvement fee for implementation of striping for one southbound through lane at Gosford Road and Harris Road. Prior to final site plan approval, the applicant also shall pay the regional transportation impact fee for implementation of one northbound left turn lane. MM TR-1.4 Prior to final site plan approval, the project applicant shall pay a 7.00 percent fair share local transportation improvement fee for implementation of improvements at Ashe Road and Harris Road. These improvements include installation of a traffic signal required by 2008 to maintain LOS C, and one eastbound through lane, one westbound right turn lane, one northbound left turn lane, and one southbound left turn lane. MM TR-1.5 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee for implementation of improvements at Old River Road and Panama Lane. These improvements include installation of a traffic signal, two eastbound left turn lanes, two eastbound through lanes, one eastbound right turn lane, two westbound left turn lanes, two westbound through lanes, one westbound right turn lane, two northbound left turn lanes, two northbound through lanes, one northbound right turn lane, two southbound left turn lanes, two southbound through lanes, and one southbound right turn lane. Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 26 o~~AKcc,9d' T ~' rn ~ r v o ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations MM TR-1.6 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee for implementation of improvements at Gosford Road and Panama Lane. These improvements include one eastbound left turn lane, two eastbound through lanes, one eastbound right turn lane, one westbound left turn lane, two westbound through lanes, one northbound left turn lane, two northbound through lanes, one northbound right turn lane, one southbound left turn lane, and two southbound through lanes. MM TR-1.7 Prior to final site plan approval, the project applicant shall pay a 6.51 percent fair share local transportation improvement fee for implementation of striping for one southbound through lane at Reliance Road and Panama Lane. Prior to final site plan approval, the applicant also shall pay the regional transportation impact fee for installation of a traffic signal, implementation of one eastbound left turn lane, one eastbound through lane, one eastbound right turn lane, and two westbound left turn lanes. MM TR-1.8 Prior to final site plan approval, the project applicant shall pay a 6.71 percent fair share local transportation improvement fee for implementation of improvements at Ashe Road and Panama Lane. These improvements include striping for one southbound left turn lane and striping for two southbound through lanes. Prior to final site plan approval, the applicant also shall pay the regional transportation impact fee for one eastbound left turn lane, two eastbound through lanes, one eastbound right turn lane, one westbound left turn lane, one westbound through lane, two northbound left turn lanes, and one northbound through lane. MM TR-1.9 Prior to final site plan approval, the project applicant shall pay a 4.74 percent fair share local transportation improvement fee for implementation of improvements at Mountain Ridge Drive and Panama Lane. These improvements include one southbound right turn lane required by 2008 to maintain LOS C. Prior to final site plan approval, the project applicant also shall pay the regional transportation impact fee for installation of a traffic signal, one eastbound left turn lane, one eastbound through lane, one westbound left turn lane, and one westbound through lane. MM TR-1.10 Prior to final site plan approval, the project applicant shall pay a 3.00 percent fair share local transportation improvement fee for implementation of striping one southbound through lane at Stine Road and Panama Lane. Prior to final site plan approval, the project applicant also shall pay the regional transportation impact fee for one northbound through lane. Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 27 ~' m ~' r v o O~~AK~9~' -~ ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations MM TR-1.11 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee for implementation of improvements at Akers Road and Panama Lane. These improvements include one eastbound right turn lane, one westbound left turn lane, and one westbound right turn lane. MM TR-1.12 Prior to final site plan approval, the project applicant shall pay a 1.11 percent fair share local transportation improvement fee for striping one southbound through lane at Wible Road and Panama Lane. Prior to final site plan approval, the project applicant also shall pay the regional transportation impact fee for one westbound right turn lane, and one northbound through lane. MM TR-1.13 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee for improvements at Gosford Road and Berkshire Road. These improvements include the installation of a traffic signal, two northbound left turn lanes, one northbound through lane, one northbound right turn lane, two southbound left turn lanes, one southbound through lane, and one southbound right turn lane. MM TR-1.14 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee for improvements at Ashe Road and Berkshire Road. These improvements include the installation of a traffic signal, one northbound left turn lane, one southbound left turn lane, and one southbound through lane. MM TR-1.15 Prior to final site plan approval, the project applicant shall pay a 3.25 percent fair share local transportation improvement fee for implementation of one westbound left turn lane at Stine Road and Berkshire Road required by 2008. Prior to final site plan approval, the project applicant also shall pay the regional transportation impact fee for installation of a traffic signal, one westbound left turn lane, one northbound left turn lane, one northbound through lane, one northbound right turn lane, two southbound left turn lanes, one southbound through lane, and one southbound right turn lane. MM TR-1.16 Prior to final site plan approval, the project applicant shall pay a regional transportation impact fee for improvements at Gosford Road and McCutchen Road. These improvements include one eastbound left turn lane by 2008 and the installation of a traffic signal, two eastbound left turn lanes, two eastbound through lanes, one eastbound right turn lane, one westbound left turn lane, two westbound through lanes, two northbound left turn lanes, two northbound through lanes, one northbound right turn lane, two southbound left turn lanes, two southbound through lanes, and one southbound right turn lane. Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 28 o~~AK~9s a ~ ~ m v o ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations MM TR-1.17 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee for installation of a traffic signal at Reliance Road and McCutchen Road. MM TR-1.18 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee for improvements at Ashe Road and McCutchen Road. These improvements include the installation of a traffic signal, one eastbound left turn lane, one westbound left turn lane, two northbound left turn lanes, one northbound right turn lane, two southbound left turn lanes, and one southbound right turn lane. MM TR-1.19 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee for installation of a traffic signal at Mountain Ridge Drive and McCutchen Road. MM TR-1.20 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee for improvements at Stine Road and McCutchen Road. These improvements include installation of a traffic signal, two eastbound left turn lanes, two eastbound through lanes, one eastbound right turn lane, two westbound left turn lanes, two westbound through lanes, one westbound right turn lane, two northbound left turn lanes, two northbound through lanes, two southbound left turn lanes, two southbound through lanes, and one southbound right turn lane. MM TR-1.21 Prior to final site plan approval, the project applicant shall pay a regional transportation impact fee for improvements at Ashe Road and McKee Road. These improvements include installation of a traffic signal and one southbound left turn lane. MM TR-1.22 Prior to final site plan approval, the project applicant shall pay a 2.07 percent fair share local transportation improvement fee for implementation of improvements at Ashe Road and Taft Highway (SR 119). These improvements include two northbound left turn lanes. Prior to final site plan approval, the project applicant also shall pay the regional transportation impact fee for installation of a traffic signal, one eastbound left turn lane, one westbound left turn lane, one northbound left turn lane, and one southbound left turn lane by 2008 and two eastbound left turn lanes, one eastbound through lane, one eastbound right turn lane, two westbound left turn lanes, one westbound through lane, one westbound right turn lane, two northbound left lanes, two southbound left turn lanes, and one southbound right turn lane. MM TR-1.23 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee to add two lanes to Gosford Road between Pacheco Road and Panama Lane. Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 29 O~~AkF ~ H ~ U p ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations MM TR-1.24 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee to add two lanes to Gosford Road between Panama Lane and McCutchen Road. MM TR-1.25 Prior to final site plan approval, the project applicant shall pay a 9.66 percent fair share local transportation improvement fee for implementation of improvements at Ashe Road between District Boulevard and Harris Road. These improvements include adding two lanes in areas that need to be widened and striping improvements only for the northbound lanes where the pavement has been widened to full width. Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee to add two lanes to Ashe Road between District Boulevard and Harris Road. MM TR-1.26 Prior to final site plan approval, the project applicant shall pay a 9.72 percent fair share local transportation improvement fee for implementation of improvements at Ashe Road between Harris Road and Panama Lane. These improvements include adding two lanes in areas that need to be widened and striping improvements only for the southbound lanes where the pavement has been widened to full width. Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee to add two lanes to Ashe Road between Harris Road and Panama Lane. MM TR-1.27 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee to add two lanes to Ashe Road between Panama Lane and McCutchen Road. MM TR-1.28 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee to add two lanes to Stine Road between Panama Lane and McCutchen Road. MM TR-1.29 Prior to final site plan approval, the project applicant shall pay a 3.97 percent fair share local transportation improvement fee for implementation of improvements at Panama Lane between Old River Road and Gosford Road. These improvements include adding two lanes in areas that need to be widened. Prior to final site plan approval, the project applicant also shall pay the regional transportation impact fee to add four lanes to Panama Lane between Old River Road and Gosford Road. MM TR-1.30 Prior to final site plan approval, the project applicant shall pay a 10.19 percent fair share local transportation improvement fee for implementation of improvements at Panama Lane between Gosford Road and Ashe Road. These improvements include adding striping to create one additional lane. Prior to final site plan approval, the project applicant Panama/Ashe Commercial Center Project GPA/ZC March 2008 ~PKF9 06-1052 3t) O~ S~ ~.. m ~..._ r ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations also shalt pay the regional transportation impact fee to add three lanes to Panama Lane between Gosford Road and Ashe Road. MM TR-1.31 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee to add two lanes to Panama Lane between Ashe Road and Stine Road. MM TR-1.32 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee to add two lanes to Panama Lane between Stine Road and Akers Road. MM TR-1.33 Prior to final site plan approval, the project applicant shall pay the regional transportation impact fee to implement improvements on Panama Lane between Akers Road and Wible Road. These improvements include the addition of a median required by 2008 and the addition of two lanes. All unsignalized intersections operate at acceptable levels of service upon application of project mitigation in 2008 and 2030. However the mitigation does not fully mitigate the project impacts in 2030 at the four signalized intersections Gosford Road and Panama Lane; Ashe Road and Panama Lane; Stine Road and Panama Lane; and Wible Road and Panama Lane. Furthermore, payment of an impact fee does not by itself constitute sufficient mitigation because there may be a period where the LOS is deficient between the collection of the impact fee and implementation of the improvement, particularly under the RTIP. Therefore, impacts would be significant and unavoidable. The four signalized intersections of Gosford Road and Panama Lane; Ashe Road and Panama Lane; Stine Road and Panama Lane; and Wible Road and Panama Lane would require extensive improvement to reach LOS C. For example, Gosford Road and Panama Lane would require the addition of one southbound right turn lane, two southbound through lanes, one southbound left turn lane, three eastbound left turn lanes, three eastbound through lanes, one dedicated eastbound right turn lane, one northbound left turn lane, three northbound through lanes, one dedicated northbound right turn lane, two westbound left turn lanes, three westbound through lanes, and two dedicated westbound right hand turn lanes above the existing intersection configuration. The potential cost associated with these improvements was determined to be in the range of $36 million to $40 million based on current conditions of property buildouts. The cost includes both construction costs and right- of-way costs. Initial review of right-of-way impacts includes approximately 23 homes and full take of several businesses, and severe site impacts on many other businesses. A theoretical percent share for the project toward these locations was calculated. The project's fair share percent Panama/Ashe Commercial Center Project GPA/ZC March 2008 os-~ 052 31 0~ g AKF9~, ~' m ~ r V O ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations contribution was determined to be approximately $1.8 million to $2 million. This mitigation would require condemnation of homes and businesses as well as severance damage to some businesses that were not condemned but impacted by reduction in property Therefore, it must be concluded that not all impacts would be reduced to less-than-significant levels and impacts would remain significant and unavoidable. Findings Specific economic, legal, social, technological, or other considerations make infeasible the full range of mitigation measures identified in the FEIR. A Statement of Overriding Considerations is required, which is attached to this Findings of Fact. Alternatives to the Proposed Project Alternative 1. No Project Alternative Agriculture operations would continue onsite with the cultivation and harvesting of almonds and row crops. Under a reasonably foreseeable future land use scenario, the alternative would be similar to a no build scenario above because the site is currently designated for agricultural and mineral production land uses under the MBGP. Thus, if the project were not approved, the reasonably foreseeable land use would be continued agricultural and mineral production. Therefore, under this alternative, no aspect of the proposed project would be constructed and the project area would remain in its current condition. This alternative would involve no action on the part of the City. The project would not be constructed, and the site would remain in agricultural and petroleum production until such a time that a development proposal is approved for this developing portion of the City. Finding This alternative does not meet any of the project objectives. This alternative would realistically only be an interim use of the site. The site is in the path of City growth, and there has been no indication that any group desires to purchase the site for open space preservation or use other than that allowed by the General Plan. Thus, while this alternative is marginally feasible as an interim use, it is not a feasible long-term alternative. The unmitigated traffic impacts would occur with this alternative, since they occur with or without the subject project. Panama/Ashe Commercial Center Project GPA/ZC March 2008 os-~ 052 32 o~g AKF,9s~ ~ m F- r V O ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Alternative 2. No-Project Alternative B-Low-Density, Single- Family Residential Development This alternative would be the eventual development of low-density, single- family residential housing consistent with current zoning and land use designations. The current general plan designation and zoning for the proposed project site is LR and R-1, respectively. The development of low density residential at the proposed project site would not require discretionary approval by the City, as the site is already zoned and designated for this type of land use and has current entitlements pursuant to an approved tentative tract map. This alternative involves the development of approximately 67 single-family, detached houses and associated infrastructure. The lot size of each residence would be approximately 0.25 acre. Finding This project does not meet any of the project objectives. This alternative is feasible, as the proposed project site is already zoned for low-density residential land use. However, this alternative would not provide the City with the same type of project, namely a regional commercial center, near emerging residential uses. All areas surrounding the site are in the planning process to be developed into residential lands uses. Current and future residences would benefit more, due to their placement near needed commercial services (such as a grocery store and pharmacy), than if the site were developed with more residential uses. The unmitigated traffic impacts would occur with this alternative, since they occur with or without the subject project. Alternative 3. Other Site for Commercial Development Alternative This alternative would result in the same number of structures, commercial use types, square footages, and required parking spaces as the proposed project, but would move the proposed commercial center to a different site owned by the project applicant. This alternative site is located on a 160-acre parcel at the southeast corner of the Panama Lane and Gosford Road intersection, about 1 mile west of the proposed project site and would have similar design and environmental impacts. This alternative site is also currently zoned R-1 and designated LR in the MBGP. Finding This alternative meets the project objectives. This alternative is feasible, as it is very similar to the proposed project. However, it does not reduce the cumulative traffic impacts to less than those for the proposed project. Prior to construction, it would require similar approvals by the City as required for the proposed project. Panama/Ashe Commercial Center Project GPA/ZC March 2008 0AKF9 06-1052 33 O~ ~',~ '` m ~ r U O ORIGINAL Exhibit C Statement of Overriding Considerations ~AKF9 O~ `~'~ >. ~I~~~INAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Statement of Overriding Considerations Pursuant to Section 15093 of the CEQA Guidelines, the City must balance the benefits of the proposed project against unavoidable environmental risks in determining whether to approve the project. The proposed project would result in significant unavoidable impacts to transportation and traffic. Findings of Fact have been developed, which provide that mitigation measures and/or alternatives to the proposed project that would substantially further reduce or avoid these significant impacts, are infeasible. The proposed project offers several benefits that outweigh the unavoidable adverse environmental effects of the project. These benefits are described in detail in the Draft and Final EIRs, and include the following: ^ The proposed project provides a new development which captures the economic demands generated by the marketplace and augments Bakersfield's established role as the capitol of the southern San Joaquin Valley. ^ The proposed project provides new development which is compatible with and complements existing land uses. ^ The proposed project provides new development which channels land uses in a phased, orderly manner and is coordinated with the provision of infrastructure and public improvements. ^ The project provides for acentrally-located commercial center that will serve the existing and the expected residential developments in the southern Bakersfield area. This central location will serve the local community and reduce impacts associated with more extended travel to commercial businesses (e.g. traffic congestions, air quality). ^ The project is consistent with the MBGP goals and policies. The City hereby finds that the benefits of the proposed project are considered to outweigh the unavoidable adverse environmental effects to traffic and transportation, which are therefore considered acceptable. 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Ec a y~ mo cd~ ~ 10 d m V ` c ~a rnacaww„cn O o 0 cC ~G.C) fl.U U U a oC.S . . . . . ~ H ~n ~~O.N M V V C O a d o~ v c ~o rn o c 0 a rn 0 N _O tp °~ N d a~i 'O :> c m U .~ E E 0 U N Q ~gAKF9 ~~ v ORIGINAL c '~ m c O v C W ~ a o 'i ~ 3 0 c o ~ a .` m vs c ' c c a v a~ v a~ Q O Q O O- N~ O N ~ d U C N w C ~ (A y ~ "' N N V a • V C~ C O L ~ ~ U (A O L ~' d ry c ~ c m ~ my ~ c U ~ a O~ L ~ r + + N O E ~ f0 ~~d•• o ~ ~ rn~ ~ •C C N ~ _2 o c o 0 Q~ U V S _ ~ r. +••' f~ C U L V ~'~ O~ f~ CRS ~~ U L C a •N N p , , y a~c~~3 ~.. n Z O r•+ L U V L ~ 'd U 3 (~ _ U a c -a~oU~ca a.. N C ~7 0 N 7~~ c U•~~ o,. . c ~ ac m~YO ~~ ~-o o ~~ ~ ° ~~~ a~ c ~ a m ~'o ~ p~ c y ~_ c '~ a~ ~ w 3 i H ~~ co c~ a»L 3 °'c~ ~ c ~ a~ ~ >.° ~ ~ N a ~ O Q ~ H x ~~ ~ c o~ ~ ~ Q ~~ U m o ~ d ~ N N ~ L~ Rf ~-' O d ' C L ~' f0 ~~ Ir C mo~Y=~'ccE'v3a•°ita~ ~~v y ~ ~ a '• ~ c C N X O `- U L OLL~ .~~ ~ ° ~ O ''' r O) 3 cc rnr~ ~ • c i.v; 3~`~. c~i o ~n m ~'w os o >•v c v i c- dam ~ rn- v,a ~ o c~ U o a~ c ~ ~ ~ d = o•~ ~~ o ~Y ~ ~;~ «s ov ~n ~v ~ ~•. ~ O~v o O ;.7 ~ . v no ~~ w Upp c a•cg O o~ c o c av a~ o .~ N O ccC "- 7 ca0 O m t'-n ~ c0 U O N a ~ ~ "" ~ ~ c -° Q a c o o v~v c c .. '~ 'c p ~ 3 c c0 O ° ~ w c _~....-o '3 •c c p r ~ of ~~ °D ~ ~- °'~ ~ ;v~Y ~ m > c~-o •~- ' a i ~~c3`oY L~ooa~~cLcm~.o"3cc o o C7 Z ~ Q -.,~ ~ O ~v ~ .p~o~,-a~~cnm-o c O v"iv a ia ~ co• ~.c ~~., cd o UU w' N ~ aNi,Y ~ a i °~ co~Cj °-~ c i ~ U C U O C B ~ L C O p Q i > m p~•Op ~~~ a ~ 'O E O'~~,~ ~ w O m N L .~ N (C O (0 N 40 U ~ O o'-: 'ot c.crn m o U ~ c aN 3 0'= o~ g ~ w Q RS V C O ~ C ~~ ~ N ° o ~ ~ ` ~ N G7 Z Nit C c~C U F O' ~ r O y!, C N 0 0 0~ RS 3 C O U ~A _ O N (f N (/~ C Q~ C N~ p ~ > 3 p +•. N d to OLr C • ~ C ~ C ~ ~ •O « 'd ~ ~ N .~ O ~ >` ~ N O accc~ :.=oacma>~:.u~a~~•-yco~ a O ~" O ~ ~ -p N r p ~ O `~wmv~m ~ r Q N ~ O 0 yUCCC~ • ~omc~aai ~yomYO~c~vi~aoa~o:-~ R °~>.>a~o~ m • m >_~ 3.0~ ~ ~ N O O ~ ~ ~ 7 ~ O O N fA ~ ~ ~ U fR c ~. ~ a~: ~~cnm aye E~ E ~~v c~5 ~ ca o 3 Q a O y ~ ~ 3 v ~ ~ ~ ~vn0 ca cn'!- ca E•3 ~ W N ~ O ~ ~ a ~~ 3 w Y V d t U o~ c r a d c c .` 0 .. 'c 0 c 0 «. o~ 0 N T N O 0 N a U m 'o a~ c a~ U .` m E O U `m C~ AKF*~ ~~ ~~ r ~iiGINAL C .~ m d v c W ~ a o U ~ 3 w o ~ c O e~ 3 a ' i d _C ~ C C Rf a ~ ~ ~ ~ -- > O ~ - U ~ O 7 U V ~ C O ~ ~ ca ,~. ~ cL ~ ~ o a~~ ~ ~ a~ c x c• 3 x'3.0 ~v:r o c ~ c0 ~ > ca o. ~ 0: 0 oL ~ m o ~ ~,_. ~ a3 0~ a • . ~~ rn ~n o a~ ~~ c~ ao o cu ~ N~ c NL• .r a~ c o m °' c.m ca -- a~ cn E•c.~ > ~ - c • ao ~ ~ ° ~ o t ~ o m 3" N ~ ~ ~ L m am O c . _ o o ~ ~, ~ c ~c i = a m;~L j c0 ~ rn N ~ c ~~ C O C A C) ~ p cN0 ~ <~ ~ c~ cts rn O C 'O 'O N O S H N~ cUC X O as ~ Q,o c o m o.~ a~ c E ~o.a oa 3~ ~ oL ca •NO ~ o~ ~ ° ~ 3 ~ nm ~ Lac mm oa`~a~mc~ omc~•v ~ ~ca~L~oc o ~., cw. n o cn ~ ~ >, 3~ 3L ~ L O cu ~ m ~ L ~ vi . o o~,v,~:«.y~a~0:•=. •..a~o~~~.°.'rnc.~o~caa~ o~~v~~'c`o NON~a> ~3ca c~~c~ m mom ~ E~-m~~:3~~• o'~ ~~~3: ~ ~° U d c ~ ~ - ; ~ c ~a i N ? ;~ c = ~L•3 w 3 ~rn~~ ° ~ c~ c ~ ~0~~;.: Lw rn°os ~ ~ n ~ ~~ > ~ c , . •-L.n ~ c a>~ o m ~ c n~ ~ m E o ~ 3L o 3 cv N `o ~. L ~ w~ c~ c L ~ ~ ~~ op c m n ' ~ a~ ~ ~ o c Orn o,m ~ t ~ vi •~ m c o•~ N 3 0 ° "v ~ a~ o ~ ~ a> ~ c d •c ~~ ~ ~•o.~'v ~ O ~~ c ~~ ~•~ m °•o cL~ c m ~ o m E~ ~ m ~ ~ vs _ ~ m •~•DV,r c ~ a~ ~ °v m;m > ?,~ ~ ~ ~ N o~ cU 3 N ~ c >,c ~ c > ~ o m c~ L • ,rn.>co 3>,w. o~ ~oLp~pon•- v v>~co•>,~ .mom cc rn 0 ~ ~ N ~ c o o v, a~ ~ L~ c Z n v o 0 3 ~ a~ x N •c n a~ c _~ c~ a~ L~ cc o L C Q y" ~~ YO C 7 L ~ O "" ~ O 0~ U m C O U C N O 0 C N C 7 0 N ~ O O L ~ U>~ rn .L.. O •y p> d~ N 3 ~ +. to ~ .O N O w N N (0 N V +, L C N` to O N L N ~ N O O ~ « 'O L 7 L ~ •7 ~ ~ N ~ ~ ~ O p_ + .. ~ N p O O ~ V ~ ~ (C > > j ~ O~ ~ >,aa~.. o cL ~ ca,....= O acv y• fbL u~ 3H~ ~--~« o °~ n F'~C7~• w > 3 ~~ ~ ~~ c o °> > CL X S c cu E •3 c ` m ~~ c v o c L > o m o c e 0 v ~~ o rnm c 'a~ n o:r cn acn o o ~n c ~ a~ o o ~ ccL Oao m N ~L .:. > ca aco~«s3o~cao3co~c"oc~v v ~°~3`t°'3"m~>cL ~~• > o. o>~ c rn _ v, 0 0 ~L c a.- :._. ~ ~L o~ o ~ o o`~ ~ ~ o, o~ o m -- o x .~ co m .,... ~ fC ~ N O~ 'O L to O L ~~ .C U O E -`.. C (O O O '++ 3 E 0 ~ U~ i O~ C U L C ~ N.o.S c°.? ~ ai ELL. aXi aim ~.a o a~ ~ oL N o ~ ~~ O E~L n~L~ «! v axis ~ .. a~ Y V d t V C_ a m ac v c a c .` 0 'c 0 c 0 :. w 0 a O 0 U a a U m 'o a a~ c m U c~ .~ E O U a~ Q gAKF9 ~` `r-c~ FEW rm- (~ ~ ORIGINAL C - '• 7 m v a~ 0 O v C ~_ • a o '~ ~ 3 0 c o ~ a •L d C . C C a a ~ a ~ o 'moo Q O Q O •p ~ L - c c0 N Q O! ~ ~ d U ~ 'D ~ to ._. _ ~ C d fd Y t C N A C to _ C N -p cC V .N '~ N C O C ~ U L N O N O Qj ~ L O Qj o ..• c v--: U w Q U O O .. N N C O E•~ axiom ~•9v~-' ~n N ~ N c a~ ~;c Qom. ~~~.. L 'd Q •V O ~ U- O `~ o a~ ~ N N•vyi ° c° u~i ~ ~v ~ N ~ `~ N ° o a•° a _ do„ ~ ~ noQ?v ~ ~~ ~n ~ a m ~~ ~ ~ rnN ~ ~ ~~ ma~~ c°'o c o L v>~ a-~ ~ O ~ c~ c , ~:c ~ `~' ~ N ~•° o `~w ~~' o ~- d ~ H c w ~ des mv'~~' o °' av°, y ~~ ~ ~ry o c H ~~ ~~ ca o• ~ w o C7 L> ~ ~ m ~;= `~ ~ > l0 O :+ ~ .~ N> O +~ a t «_. N u~ ~~ N ~_~ N y L ~ O~ ~ d ~ .0 d d N ~ O N rv ~ ~ N . z ~ •O N~ Rf ~` N p _N ~ N _<_~ O O C . a a ~ v m ~H ~ V V C~ N~ w U p ~ c o ~ ~ ~ o w y O ~ L d L c V E 0 N. j U ~ o ~ ~~ ~c p a cv ~ ~ i a~ i o ~ ~ m a~ F- ~~ c c ~ c ~ c o-voi o E o a3 °~~ E c N m~ o ~N.: ~ ~ o~ rn~•~•N ~ ~ ~ c rn~ O o ~ cv aron ~ ~ 3 ° m c `~ ° aLL ~sv >Q ~~ ~ ° - N m c y ~ ao$ ~ ~v G • • ~ 3 ~ • w c °- ~ O o ~' m ° `~ ° '~ d ~ ~ ~ ~ O ~ H ~ c~ c O ~ i m c o-c ~ Q L ._ c a uj $ O o: rn~ o v a~ ~ °~ a` p ~ O " ' N L ~ .-. ~ ~ c L~~ o ., c o ~.fl-_ p d Q ` 'O .. O 'O ~ O Y ~ cti U ~ N aQ$ c., O m~ X L ~ "'' ~ cti ` '~ V ~ O O a N • ~ d ~' c _ 0 c. •- n o C ~ ~ ~ ~ ~ ~ ` ~ N ~ ~ ~ ~ cY >,°-~ m c ~ ~ ~ °~ vpi ~ ~ Vt•° vi o~ oao-= ~ VV ° m ~ o c ~ o ~ a~ . ,~.o o cri,g ~~ c ~•~ c o o: ~ ~ c c ~ q ya o c o ` ~~. n c~i ~ o c°~ ~' ~ ~ o o'•' c v i~ r ~ ~ ~ ~ 3 0.~ ~ ~'o ~ ~~° ~ c O ~•- v~ ~ ~ ~ ~ ~ d ~~ ~~ m~L O U O.~ ~~~ ca o~ ao.. W rn=L•- ~ rno av o ai C_ `.. ~ yv~- cV °~ c~ 2 3 m n c ~. C> 'O (A ~~ O C O N U L N N ~ ~ m m° a•~`" m~ d ~ E~~ d O C_ 7 L c c U rnarn.EL ~v ~ r' .p-. '.C'~ f0 y~~ N 7 o o m cn~ o ° o 0 0 ~ ~.D O °~ o a i ~ o ~ ~t~ rnU o- v~._._ a•~n...,a m U ~ ~+`• ~0 ate' ~ o a~ c~= ~NG'arnU.~~ m 3 ~ N •-- ~ ~ d c a ~ ~ o'o L o c ~F- «s rn.. v u,oo.. ~n._ w Y L V Ol C O a m m •o c a c .` 0 w 'c 0 c 0 o~ a~ rn ~o d N O O N a a~i ~O c U U p ORIGINAL c~ .` E E 0 U ~c~AKF9 O co cP~ ~ ~ ~ C :0 .~ m V C t0 E Y 0 c ~ 3 o ~ c 0 3 io 4. w .~ m vs c 'c c e~ a N d N o ~ c c0 ~- c0 = a a ~° c m ~ m C ~ ~ U a~ O O c ~ O U ~ d ~ a m o rn~ c o U y C C • O v~ N C 7 L ~ >, .n a a~ > O O w- O 0 c -o ~ .. .C .N ~~ N y .n ~ C C O a V a of N t d O t~ ~ «~ ~~ U O "~ Qu~i~' o~ ~ rn'~n.Sa as d~ ~ ~ ~ a~ o o ° ~ ~ ~ c°a a «. v ~ c0 = Waco as v0 v c~° N~ m o m °'so. ~ o coo$voi~~c~o~~c~ U1 vi ~ v~ N 3 ~ ;_v aa•- O vi ~~ c0 -p ~ c 4; ~ a O N~~ (/~ ~ j y O N~~ C N~= N~ Rf 7 N~ O C~ C O~ .~.. O C L O C - ~ ~ c ~ ~ ~~ai axi ~Q ~v c~ m ~ n ~„~ ~ O c~ N ~ ~' N ~ c X cn O' -p N ~ '~ ~. C C j '= D a~ O N L ~ N W C'~ v ~~m ~ W ~_ ~ C ~ a~ aoi ~ N~ a~ a O O d p~~ y C O. ~` (0 ~ H f~ ~ 01 N d ~ (A !-' U ~ ~ N f+-q ~, a m 0 n n c O rn .r a~ V N O G G ~O Z' N c 0 ` ~~~~°~ccv~i~v~cNa ~ O O_ N cC y c~ ~ O C1 ~ 7 O ~ C 'O ~ V U ~ > ~ U 1 y cd ~~~~~c~"=N~EN 'C H C~ ~_ c~~~ a X 0 0 c~0 C N O~~ cU G O E ~ O W ~ ~~ Us c ~m ~v ~ a~ °~ .0 ` c0 ` _O '` O «. oy a~°3 co~Emmac ~Q ~ d•~ ~ c'o~a m c a>i ~ ~,m ~ p ~ d~ cn °oa c.~~ a~a E ~ ~ .. N . O C y N ti H O C>~ N N 7 L_ m a (~ ~ Q C a1 v1 0 N N N C `~ C 3~ N W L '.. a •- ~~ ~ 'a s o d ~~ d v a~ cYa rno ~narn~ V~ 7~ a fl. ~ O O C cn fl. >. U 0 0 ~ 41 d W~ N ,U ~~ w ~.' d N ~ N O ~ C~~ cti ;~, .~ y O O~ U> ~O .QC m v t~ t0.~ coa Ir u~.~ a~ > c~ Z t O O m c c o N Y N ~ t ~ oa ~ ~ o ~ L y C t~ '~ N O _O CA Q .. w Y t V 01 C_ O a m v c rn c 'i O r C O C O Of 0 a~ a 0 0 NU a U N 'o a c U .` E E 0 U N Q AKF ~~ 9~T ~d U ~ ORIGINAL C .~ m v C co • a o v o ~ w o ~ c o ~ a w .~ m vs c 'c c a ~, a a~ 0 ~' c Q O m >• ~ Y C ~o arnm ~ 3 ~ ~ O O O •~ d m o °~ N Ua mw or " °' as > c ~ - ~ ~~ ~ > ~' ~ ~ `n °,Z'cu U ~ o ~ ~ o ~ ~ c~ O ~ O cd (0 L N '«. N ._. U rn y> U> a s o ++ ~. +' R1 ~ O N C O ~ .~ O C ++ v C O. L d O U N p d w ~ C C O ~ ° ~ C a ~, B a c ~ a~ m m ~Q• m }. rn~ o ~'-' w ;- cu C Q ~ C p L Y y~~ C~ 'p C N ~~ ~ •~ .~ C~~ ~ CQJ ~ N ' C O o N ~_ O O C L ~ p O U +- rn~ N O N c~ .D y '~ U O~ N ~. ` o c ° e0 y C t~ N a ` >• .. ~1 ~~ C O .-. o a O ff- 32 ~ ' p ~ N •~ m N U cu ~ y !C ass N" ~ a~• c m o m ~ U a~ N:~~ a> ~a c a O ' C N L c ~ c F- ~ ~ ~~~' O 0 ~ ~... U~- c c~ c U > ~ O~ d N ~ ~ >-o co _ L C p E Q c~ ~ ~ O ~ a _ y 3 ~ ~ ~ _~ N rn L O U~ +-• ~ L O' L ±' U N O •, + + ~ y ~ ~ ~ U ~p (A ~~ N :r t 'C d U~> O C •~ • ~~' c a > N O t0 _ C ~ N O (d Y fA O .~ O p .. L a Q O C - (~0 n 7 ~' ~ C '~ C~ Q c Rf ~? Q U fA a f~ ~ fC U~ L ~ 7 a cU X •!0 C ~ C +. N s •~ .-. C O o a p ~~~v~m ` ~ N O cO ~ ` ` ~ `~ 3 O ad~ ~ O ad Z ~ ' ~~v°a ~ ~ u ° .o°'cc co ~ ~ ~ ~ o o ~ ~c ic u ac c i a oa N ~~oC v~~t >.~ a~C7Z'o ~ c ~ c o - E$ ~ rn cn c ~ ~ ~ ~ c ;._ c Q~ w co a- t~ . d C Cf '~ a N ~~ ~? ~ O~ '•~ ~ ~ Y ~~ ~ c0 . Q N c o~ ~'arn~`~°a~~~au~iEc~o ' >~L~~`~°co~~~o°~L N O C "" o~~ `~ c ?c~av C C RS C tA ~ f~ ~ Q O` f~ 'o ~ ~ ~ (~ ~ N C 7 O 'C o c ` a E 'w ~ c N ~ a ~' C Z ~ y rn ,~~ ~ ~ ~ ° ~ U ~ O ''' 'O C y N rn C N Y ~ c ~ p .,Z a v o p RS f''0 -~ c~ O~ ~ -p 3 p o c n cC ~ N w L p 0 O ~ O , O ~, O' j N U O' ~_ j C ~~ a ~ O y~ N p C N y e N >+ E O y E U~ O '~ N a Q a-. tp L O L C Q • > p O U~ to a O N •-• 3 a c d c U ~ O W O L a~ O D. F O O N L p~ 0~ V ~ O y L m y cC ~ O Rf Q N O> S cu . 7 w- Ua ~~ ~ U ca a~ o_° o ~QG.v °Z.?U- ~~~ o . . .. w d r v rn c O a d a c vs c 0 'c 0 c 0 :r o~ 0 cp a~ rn m N O O U a" •O a :: c U .` E 0 U ~w~AX~c ~. ~ H~ U~~~-NAL C °~ .~ m v C l0 E e 0 c w 3 o ~ a' . ` d as 'c c ~v a a ~ ~, ~ a > a 0 > 0 O Q O L ~ N ~ - y •+ N N Z~ O C N 3 U C O^ p N~ Q ~•~ ~~ rn~ cc0 .~ N Y vOi O 3 W •~ ~ co m ~ uni ~~ ~ ~ a'~i ~ ~ o o•° a"oi >~Z a ai ~N 3 c cx ~ ~ c,~ o ' '~ ~ ~'•- i o o ~ o ~' c m o~ ~ c ~ ~ ~ oa cc ~ ~ Z •c U ° c ? ° Z o , o an~ ~ ~ ~ ~a co •v ~ ~ a~ ~ m ~ ~ N ~a•~ ~ d a~ a~ ` ° ~ cyo -! i ~ vi ~? 2w c o ~ ~ v ~ o a a~ o v N ° ~ ~ > ~ ~ o ~> ~ ~ i o o ~ o °~ i o-~v ° m ° a yt Z> a•"•~•~ ~' a°' ~ ~ o ; m 3 a o d , •v -,-~ co , o •a c ~'> c m•.U o t ~ ~ a~ no n~a i: _ -.o m ~ m o t ~ o O- O ca.: ?'°•~ c ~ L w ~ ...a o n E ~- °a °.. o o cna o•y co Y m co ' o c • o c a v i a c cn > ~• w. ~ c ~ ~ ~ m ~ ~ oar n° i a >.~ a a~ E ~ ~ + Y . s co s m co c 3 ~ o s E o a ° co s+- .. = cop ~ ~ •~ ~ ~ ~ `• ~ « c ~+. c c n w a~ o o N F ~ v io c n ~ + vs ~ O ~ cn cn ~ g ~ c > ~ c}os cow m o 3•~•0~ ~ ~°•cn ~ mY co °; ~ o N ~ Q '-' .~ ~ ~ O ` E ~ u, a~ o;=~ 3 0 ~ -' "' Q V + m a~i-o m a.. a c:. ~rn ~• w a~ ~ n- ~ a~ oU •c Qnc•ca v a~ 3 ~ ° E no o ~ c ~, ~ ay ms ~~ ~r• y ~ L am 3 0 0 0 ~ w ~ w a W ~ ~' ~ c ~ ~~ ~ co-po co c ~ ~W ~~ o °? ~ o ~ cd m N ~ -o cn~cc~•~c c cw-m,n~~~co~}. ~w~•~ rn~ vi ° ~ -~ ~ W ~~ a~arn~d> y '~gi N 3 > c ~ a~ N•c ~ x o ~ cn o U ~ ~ Eo O c m w ~ ~ n V ''' N ~ N N ~ ° U ~ ~ ~ V ~ ~ ~ ~ C ~ _ c c y m m v ~ c~v3- ~ ~ ~ C c N t ~ U a ~ :~:o oa N ~ ~ c j u ~ C ~ Q w +L. `~ t rnfn ~t Z, ~ ~ O N ~ ~ O c ~ ~ C U ~ ~ N ~ ~ N Q `) S ti ~ O N =o ~ a? cv co co c o ~ ~ o " Ob v ~ ~ my o Z.E•~ ~ O min ~ O o ~ ~ ~, ~ (o ~ N U ~ c ~ N~ V~ N~~ X~ Z N! ~ y ~ C 7 a ° d Q' fo ~ O d p O = O V ~ Z ~ - ~ ~ L L • Q o c,Qcn ms 3~~Q . L Q N ~c~¢ ~ ~ ~ ~, rn.~ ~~~ O ~3 ~ ~ ,. w m r v c 0 a m v c o~ c .` 0 .. •c 0 c 0 rn 0 m rn a N O_ 0 U a" C7 a~''i 'o a °: c N U .` E E U N AKF9 ~~ `- c ~ ~a o ORIGINAL C _ '~ .~ m d v C ~v • a o U ~ 3 ~. o ~ c O ~a ~ a ' L d ` C . ~ C a ~ ~ ~ ~ ~ ~ > ~ > ~ > -o > ~ ~ 0 0 0 0 > 0 > 0 c O a c Q O as c Q O as c ¢ O n c Q O a c Q O a c Q O ~ N O C tl1 -_ ~ f~ O dJ C L >+ ~ ~ 3 ~ C ~ O O Ir N j J ~ O `p N= ~ C L 'C ~ ~ ~~ -p O ~ t Ir . -. C O~ c~ .N.. ~ '~ ~ y c ++ `t ~ rnN ~ = y «• H d ~ ~ j (C N H c c0 ~ N=~ A ~.o ~~ o ~ 'O v ~.ui ~ rnN DI d ~v` c~v ' ~ ~ cQ ~ 3 c N .O;~c ~ No C ~oE c N y~ ~ p ~Q~ v (0 "-' ~ c 0 ~y~c~~~N ~ , C Q 'C c~ U W N~ ~ a~ ~ C O~ fl. i+ y v ~'O C C O cC . T Q ~ L • O +- y ~ ~ N N N N tv p~ ~ ~ ~ c a O ..O = ~•c 0 ~ 00 3 avi>. V N $~ °-RS 0 a tdi c' c Eiu E~ ai ui a v c ~ co ° ~ •. ~ a N ~ c ~ C v v `p ~ ~ ~ ~ O v ~ o. c c~ aNi e+rOQ ~a R o ~ N c EL N .~ O O N C W (0 ~ V N E W O fl H U N C 0 ~ Q +-' ++ LLN p) d ~ rd+ V tLS ~ «• -p ~ O CO f0 N _ . 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