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HomeMy WebLinkAboutORD NO 4528ORDINANCE NO. 4 5 2 8 AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE CHANGING THE ZONING OF THAT CERTAIN PROPERTY GENERALLY LOCATED LOCATED AT THE SOUTHWEST CORNER OF PANAMA LANE AND ASHE ROAD, FROM R-1 (ONE FAMILY DWELLING) TO C-2/PCD (REGIONAL COMMERCIAL/ PLANNED COMMERCIAL DEVELOPMENT) ON APPROXIMATELY 20 ACRES (ZONE CHANGE NO. 06-1052). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield ,Planning Commission held a public hearing on a request to change the zoning of that certain property generally located at the southwest corner of Panama Lane and Ashe Road; and WHEREAS, by Resolution No. 47-08 on March 20, 2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 06-1052 as delineated on attached Zoning Map 123-28 marked Exhibit F by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact regarding the environmental impacts of the proposal and zoning of the subject property from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately 20 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and, therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 47-08, adopted on March 20, 2008: All required notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. An Environmental Impact Report was prepared and sent to responsible agencies and property owners within 300 feet of the project site. An Environmental Impact Report was prepared for this project in accordance with CEQA. 4. Attached Exhibit C containing the Statement of Facts, Findings, and Mitigation Measures with Exhibit E, Mitigation Monitoring and Reporting Program, is appropriate and incorporated into the project. s o~~PK~9~ ~ T `- r rJ ~ ORIGINAL 5. Attached D containing the Statement of Overriding Considerations related to significant unavoidable traffic (project and cumulative) impacts is appropriate and incorporated into the project. 6. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. 7. The public necessity, general welfare and good zoning practice justify the recommended zone change from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately 20 acres generally located at the southwest corner of Panama Lane and Ashe Road, as shown on Exhibit A. 8. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 06- 1052. 9. The laws and regulations relating to the preparation and adoption of EIR's 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. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: The above recitals and findings incorporated herein by reference are true and correct and constitute the Findings of the City Council in this matter. 2. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 3. The proposed project is consistent with surrounding uses. 4. The public necessity, general welfare and good planning practices justify the requested zone change. 5. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the zone of that certain property within the City of Bakersfield, the boundaries of which property is shown on Zone Map No. 123-28 marked Exhibit F attached hereto and made a part hereof, and are more specifically described in attached Exhibit G, "Zone Change Legal Description." 6. Such zone change is hereby made subject to the Mitigation Monitoring and Reporting Program adopted in the Final Environmental Impact Report as shown in Exhibit E and Mitigation/Conditions of Approval for 2 o`` g AKF9~ ~_ m r- U O ORIGINAL the project as shown in Exhibit B, subject to approval of GPA No. 06- 1052. 7. Attached Exhibit C containing the Statement of Facts, Findings, and Mitigation Measures are appropriate and incorporated into the project. 8. Attached Exhibit D containing the Statement of Overriding Considerations related to significant unavoidable traffic (project and cumulative) impacts is appropriate and incorporated into the project. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------000--------- gPKF9 3 O~ s~ > m s- r ~~ O ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on August 20, 2008 by the following vote: ,/ AYES COUNCILMEMBER CARSON BENHAM WEIR COUCH HANSON SULLI AV SCRI NV ER N ES: COUNCILMEMBER_n$],l4 ABSTAIN: COUNCILMEMBER /1~fYL..Q ABSENT: COUNCILMEMBER Y1,f31~L,~. PAMELA A. McCARTHY, C CITY CLERK and Ex Offi o Clerk of the Council of the City of Bakersfield APPROVED AUG 2 0 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form ~' VIRGINIA GENNARO City Attorney By: o/ h EXHIBIT A Location Map B Mitigation/Conditions of Approval C Statement of Facts, Findings, and Mitigation Measures D Statement of Overriding Considerations E Mitigation Monitoring and Reporting Program F Zoning Map 123-28 G Zone Change Legal Description CG - S:\GPA 2nd 2008\06-1052 Panama Ashe EIR\EIR\Resos\CC ZC Ord.doc 4 s o``~AKF T '' m ~ r U O ORIGINAL Exhibit A Zone Change Location Map s o~~AKF9.c~ '~ m ~ r U ~ ORIGINAL W N ~ ~ U~ W ~~ O O n~ W I..L~ WZ S~IT V, 2 QU aW gz QO ZN 2 ~ f ~ E ~n ~. N N ~ N ~ N ~ N U K N N ~ U ~ ~ ~~ -n - ~LI Ot/Oa 3HSb' ~~~ C L~~~J~al W 2 g Q Z S ~ V ~ LL a', O N p w ~ ~ N o Z ~ o ~ ~I 0 ip N o 0 O M o N P1 ~' O N 0 Q 0 UU a ~ ~ ~ ~ _ ~ ~ w ~~~~0 ~ ~ ~ JNb g ~ a ~ ~~o a ~~O ~ ~ N a tiWto ~ ,- W ~ ~ ~ ~ i ~ o ~ /' ~, /' ~ /, .% /i ~ % N ~ ~~ ~ /~ ,i avoa aao~soo i~ a //° ~ i' OV ~a ~ fV U N ~adoa aao~soo U ~gA -~- m ~ r ~ U O ORIGINAL Exhibit B Conditions of Approval 8~ Mitigation Measures o``0AKF9s T '- m ~ r U O ORIGINAL EXHIBIT B Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-1052 Planning 1. Project design shall include a local street serving the commercial area from Panama Lane as follows: a. A local road serving the commercial center along the western boundary of the proposed commercial area; the local road shall be provided between the commercial and residential designations. To facilitate access from adjacent neighborhood. 2. Upon submittal of tentative tract maps for approval, the applicant shall provide the right of way for bike lanes at the north end of the project site along Panama Lane and at the east end of the project site along Ashe Road. For orderly development. Public Works 3. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. This GPA/ZC area is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPA/ZC area must be included within the drainage area of adjoining property. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. The study shall show the development's proportionate share of the necessary ultimate storm drainage facilities. The developer shall participate in the development of a Planned Drainage Area, or shall provide some other method for the construction of the ultimate facilities satisfactory to the City Engineer. Any required retention site and necessary easements shall be dedicated to the City. b. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. c. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. d. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development. 4. Prior to issuance of a building permit, developer shall pay a major transportation facility fee in the amount of $0.35 per square foot for commercial. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is a component of the City Council approved o~ ~ A KF9`f-c~ Page 1 of 11 ~ v o ORIGINAL EXHIBIT B GPA/ZC No. 06-1052 MitigationlConditions of Approval action plan to pursue funds needed to complete construction of major transportation facilities to serve growth and development within Metropolitan Bakersfield. For orderly development. 5. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 6. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area, whichever occurs first. For orderly development. 7. Access to the arterial streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. For orderly development. 8. Local Mitigation -Prior to development estimates shall be submitted and approved for local mitigation to the impacted intersections and segments subject to fair share improvements. Applicant shall participate in the improvements required on a pro-rata, fair share basis, and prior to the issuance of building permits, based upon the approved estimates. Mitigation for potentially significant traffic impacts. 9. Regional Transportation Impact Fee/Regional Mitigation -Prior to the issuance of building permits, the project applicant shall participate in the RTIF program. The applicant shall submit funding calculations for all improvements associated with the RTIF program pursuant to both the mitigation measures from the project DEIR and the current policy of the Public Works Department for said calculations. Said calculations shall be updated based upon the adopted RTIF at time of development. Mitigation for potentially significant traffic impacts. City Attorney 10. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including withou~~gAKF,9s F._ m r Page 2 of 11 ORIGINAL EXHIBIT B GPA/ZC No. 06-1052 Mitigation/Conditions of Approval limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. a. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. b. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT: Aesthetics 11. (AES-2) 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. Air Quality 12. (AQ-2.1) As a design feature of the project, the project applicant has entered into a voluntary emission reduction agreement to reduce net ROG, NOX, and PM10 impacts to zero, which exceeds benefits related to compliance with Rule 9510. 13. (AQ-2.2) 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. Biological Resources 14. (BIO-1.1) Prior to issuance of grading permits, the project applicant shall pay fees pursuant to the Metropolitan Bakersfield Habitat Conservation Plan (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). 15. (BIO-1.2) 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~~~AKF~~ ~ m Page 3 of 11 ORIGINAL EXHIBIT B GPA/ZC No. 06-1052 Mitigation/Conditions of Approval 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. 16. (BIO-1.2a) 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 through non-invasive methods that either: 1) burrowing owls have not begun to 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 or 2, 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 m 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.) 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 bags should be inserted into the tunnels." 17. (BIO-1.3) 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. 18. (BIO-1.4) 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 order to ensure that kit fox or other species are not present within the structure. Cultural Resources 19. (CR-1) 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 ~iIgAKF9 s Page 4 of 11 ~ m r U O ORIGINAL EXHIBIT B GPAIZC No. 06-1052 Mitigation/Conditions of Approval 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 pregrading 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. 20. (CR-2) 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 recognized 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, a. 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 b. 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. Geology and Soils 21. (GEO-2) 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. Asoils/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. 22. (GEO-3) 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 Page 5 of 11 ~gAKF9 o s.~ m ~- r <~ O ORIGINAL EXHIBIT B GPA/ZC No. 06-1052 Mitigation/Conditions of Approval of the site's soils at the proposed project site (in conjunction with Mitigation Measure GEO-2). A soils/geotechnical report shall be submitted to the Building Director prior to grading. tf 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. Hazards and Hazardous Materials 23. (HAZ-2) 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. Hydrolocty and Water Quality 24. (WQ-1.1) 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. 25. (WQ-1.2) 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 construction documents, shall ensure that operational surface water quality is equal to or above applicable water quality standards. Noise 26. (NOI-1.1) 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. 27. (NOI-1.2) Electrically powered equipment shall be used instead of pneumatic or internal combustion powered equipment, where feasible. Page 6 of 11 o~~AK~9`~-c~ > m F- r U ~ ORIGINAL EXHIBIT B GPA/ZC No. 06-1052 MitigationlConditions of Approval 28. (NOI-1.3) Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive receptors. 29. (NOI-1.4) Construction site and access road speed limits shall be established and enforced during the construction period. 30. (NOI-1.5) Construction operations shall only occur between 8:00 a.m. and 6:00 p.m. 31. (NOI-1.6) The use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. 32. (NOI-1.7) No project-related public address or music system shall be audible at any adjacent receptor. 33. (NOI-1.8) 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. 34. (NOI-1.9) 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. Public Services and Utilities 35. (PS-5) 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. Transaortation and Traffic 36. (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. 37. (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. gAKF9 Page 7 of 11 0`` s.~ m f- r U ~ ORIGINAL EXHIBIT B GPAIZC No. 06-1052 MitigationlConditions of Approval 38. (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. 39. (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. 40. (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. 41. (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. 42. (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. 43. (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. 44. (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. Page 8 of 11 O~ ~ A KF9`f'-c~ >- m 1- r ~ o ORIGINAL EXHIBIT B GPA/ZC No. 06-1052 Mitigation/Conditions of Approval 45. (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. 46. (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. 47. (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. 48. (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. 49. (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. 50. (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. 51. (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. 52. (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. 53. (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 o~~AK~9~-c~ Page 9 of 11 ~ U ~ ORIGINAL EXHIBIT B GPAIZC No. 06-1052 Mitigation/Conditions of Approval 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. 54. (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. 55. (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. 56. (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. 57. (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. 58. (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. 59. (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. 60. (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. 61. (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 ne~ed~AKF ~~ 9 Page 10 of 11 ~ o v ORIGINAL EXHIBIT B GPA/ZC No. 06-1052 Mitigation/Conditions of Approval 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. 62. (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. 63. (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. 64. (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. 65. (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 also shall pay the regional transportation impact fee to add three lanes to Panama Lane between Gosford Road and Ashe Road. 66. (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. 67. (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. 68. (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. gPKF9 Page 11 of 11 0`` `j-~ > m t- r v O ORIGINAL Exhibit C Statement of Facts, Findings, and Mitigation Measures o~~AKF9`~-c~ y m F- r V ~ 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 ~ ~asoaisi ~gAKF 9 o s~ >- m 1--- r v 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 os-~ 052 2 0`` ~ A KF9~-~ ~- m E- 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 06-1052 3 ~ g A KF9 O ~'-n ~- R, F- r J ~ 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. Panama/Ashe Commercial Center Project GPA/ZC 06-1052 4 March 2008 ~Q ~ A KF9J, i-- m U ~ ORIGINAL 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 os-~ 052 5 0~ g A KF9~ s '` m ~ r V O 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 os-1052 6 0~ 0 A KF9J, T >. F. m r U p 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 O~ ~ AKF9 06-1052 7 ~ '' m ~ r V ~ 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 os-~ 052 s o~ 0AKF9~ T '` m ~ r V 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 (~prox. 160 ft.) buffer zone by installin o~ ne-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 Wipe or burlap bates 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 06-1052 9 o``gAKF9~ T '` m ~ r U 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~ g AKF~~ s '` m ~ r U 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. 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 recognized 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 ~AKE9 06-1052 11 ok cP~ >- m 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. Geology 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. Panama/Ashe Commercial Center Project GPA/ZC March 2008 ~ gAK~c9 06-1052 12 ~ J'-c~ '_' m ~ r ~-~ O 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 ~Q ~ AKF9J, 06-1052 13 ~ -~ F-- m U p 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. Hydrology 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 o~gAK~c9~ 06-1052 14 ~ ~ ~ rn r v p 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 GPA/zC March 2008 06-1052 15 gAKF9 O~ ~'-c~ ~ rn 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 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 o~gAK~c9~ 06-1052 16 ~ ~ F. m r U p 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 all parties, including state, federal, and local (MBHCP). Panama/Ashe Commercial Center Project GPA/ZC March 2008 os-~ 052 ~ ~ o~ 0 AKF9~ T ~ m r U 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. 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 O~gAKF9d-, 06-1052 ~ $ '' 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 ~ 9 r. m r ~ p o~~AKF9~ T 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 06-1052 2t) cn o~~AK~9.~ '- m ~ r U ~ ORIGINAL 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 06-1052 21 o~gAKF9 s '' m ~' r U 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 projected to fail in 2030 with the project. In fact, transportation facilities with significant impacts in 2030 with and without the project are the same because of the cumulative growth in the study area, to which the proposed project contributes. Because of the unacceptable LOS in 2030 with project condition, mitigation measures are required to implement improvements, and the project's fair share contribution has been calculated for each improvement. Mitigation Panama/Ashe Commercial Center Project GPA/ZC March 2008 ~gAKF9 06-1052 22 O ~'T ~' 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 I oral Local Mitigation Project Improvements Total Improvements (Improvements Not Share for Local # Intersection Required b 2008 Required by 2030 Covered by RTIF) Mitigation Ashe Rd & 1.EBL, 1.EBR, 1.EBL, 1.EBR, 1 White Ln 1.WBL, 1.NBL, 1.WBL, 1.NBL, 1.NBT 1.SBL, 1 NBT 1 SBL 3.55% . , . , 1.SBT 1.SBT 2 Ashe Rd & 1.EBL, 1.WBL, 1.EBL, 1.WBL, 1 WBR 1 NBL District Blvd . , . , 1.WBR, 1.NBL, 1.NBT, 1.SBL, 1 NBT 1 SBL 3.61% . , . , 1.SBT 1.SBT 3 Gosford Rd & Harris Rd 1.NBL, 1.SBT' 1.SBT' 1.81% 4 Ashe Rd & Install Signal- Install Signal- 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, 6 Gosford Rd & 1.EBR, 1.WBL, Panama Ln 2.WBT, 1.NBL, - _ 2.NBT, 1.NBR, 1.SBL, 2.SBT 7 Reliance Rd & Install Signal- Install Signal-1.EBL, ~ Panama Ln 1.SBL 1.EBT, 1.EBR, 2.WBL, 1.SBL' ° 1.SBL 6.51 /° 1.EBL, 2.EBT, 8 Ashe Rd & 1.EBR, 1.WBL, ' ' Panama Ln 1.WBT, 2.NBL, 1.SBL , 2.SBT 6.71% 1.NBT, 1.SBL', 2.SBT~ Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 23 O~ ~ A KF9~ s ~ rn ~ r V ~ ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations Total Local Mitigation Project # Intersection Improvements R i Total Improvements (Improvements Not Share for Local equ red by 2008 Required b 2030 Covered by RTIF) Miti ation 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, ' ~ 1 SBT Panama Ln 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 Si nal g - - 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 Si nal-1.SBL - g - 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 Panama/Ashe Commercial Center Project GPA/ZC March 2008 os-1052 24 ~ 0 A KF9 o ~'.c~ ~- m ~ 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 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 Roadwa Improvements Required by covered by for Local y Gosford Road. Pacheco Required by 2008 2030 Add 2 lanes RTIF) - Miti ation 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 Iane2 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 rortions nave oeen widened adjacent to development. Project % share should be based on areas that need to be widened within the stated limits. z Striping improvements only; pavement has been widened to full width. s Portions have been widened adjacent to development. 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 Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 25 O~~AKF,9~ s '- m h- r V ~ ORIGINAL 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 n~_~n~~ 26 o`` g AKF9~ '" ~-. m r U p 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 o~gAKF9J, 06-1052 27 ~ ~ m r J O 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 gAK~c 06-1052 28 pF 9J~ ~- 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 os-~ 052 29 0~ g A KF9~, T '' m ~' r V O 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 O6-~ 052 30 ~ 6 A KF,9 o cP~ a r- m U p ORIGINAL City of Bakersfield Findings of Fact and Statement of Overriding Considerations also shall 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~ 6 AKF9s T ~' m ~ r U ~ 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 06-1052 32 0~ g AKF9 s~ '' m ~' 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 06-1052 33 o`` gAKF9~ i-- m ~~ O ORIGINAL Exhibit D Statement of Overriding Considerations o``gAKF9~ ~ m r U O ORIGINAL 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. Panama/Ashe Commercial Center Project GPA/ZC March 2008 06-1052 34 o``gAKF9~ '' m ~ r v O ORIGINAL Exhibit E Mitigation Monitoring and Reporting Checklist O~ ~ A KF9~ ~ ~ ~- m v o ORIGINAL W Z U J Q w U a a a a a N 0 m 0 U "a .. a U a a a Z Z W t- J V W V z H a W 0 a z 0 Z Z 0 a H C :a .3 m d v c ea E L O V O 3 O v c o ~ ' ~, ~ ~ a . `~ o 0 n. ` n ` a o Q o . _ a ~, 0 > a o a a a ~~c -~_ 0 °' ~~ ~ ~ = cc m ~ a~a~ c '~ a~ N ~ ~ ~ '•cp O oL~ o ~ J Q d'N ca~'a ~ ~ a~ ~ Q ~ ~ ~ v c y is ,~ a ~~~c cs o d ~„ +O+O~CCCC~~ + 1= • Nv~ to ~ ~.c? 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G ' N ~ C N O N~~~ ~ O $ :ca~o~N~N~c~° t.=ao~ :«=.n~a~tnm~~ ~sZ.ocv ~n.~Ntn~tn C) $~>~cooc6a~~~o $ipco~ ~~>~L..ya~ $~io~ $~>~_~a~ O ` C D L O ~ C .~ L L N a ~ .C ~ `~ C r` ~- L ~p 'C ~ L L ~ ~ c.E o., ~ o~ oL co w c.E d ~•~ o cad °~ a c •c rn d •~ o m c c0 .V O ~' N .rnL N O +' p N _ a -~ •U ,gyp O 00 •~ 0~ O N N O c u Of •~ 0~ c v O •V ~~ O p C N 3 ca y c e- a c ~ O- o o c v c O cfl c cp ~ n ~ ~ Q~ ~ Q. c c 3 c ~ ~ p. ~ N O O cC ~ ~ Q ~ ~ °' N c N a c c co ~ a O N O ~ (0 `~ V 7 '~ 7 C= p O L O ~ ~ f0 ~ V ~ ~ fA ~ V t,, C C O C O ~ i N w.. ~ ~ N .~ U :_.• E ~ ~ ~ ~ U U ~ ~ b ~ ~ N N ,~ N (9 ~ t0 w ~ ~ N N ~ O N V f0 N +• Q.~ ~ O O O ~ aL.. C ~ ~ ~ Q.~ ~' ~ Q.~ ~ C (d N y ? ~ Q.~ ~ ~ a.~ ~ C ~ ' .. _H Y V d L U o~ c O a m c to a~ .` 0 ... 'c 0 c 0 to rn r w 0 a O m NU d a U N •O a N C N U m .` tU E E O U m L N Q ~ O ORIGINAL 6 A~F9s C 'n m m a r c '~ .~ m d v c ea E o c U 0 v ~ C •- ~ a >, ~ ~, ~ ~ ~ a a •~ o 0 0 0 ~ Q O Q O Q O Q O c • c c R a a L ~ C ~ • ''~ C ~ a C N a m N a 7~ v- C~ a N a C O C O c ~~ p ,« o v a c p p L '-' C } N t0 c v a O c c ` fd O C 7 L L O C p N C ~ ao L~ N N O }' +~ c a +. .c 'C ' ~. L~ L L •~ E N O - 'C C 7 0 0~ 0~ a N ~ O p .. O +r ~ ~ fA ~ '~ O C N >' ~ C~ N C N O O~ o - .' O f0 N a ''' O (V N a ~ O c .Q ~ c m}L, > a L ;? ~ m ~ ~ ~ N N > •~ ~ N p p °'''' ° ~~ acYo ~a~ 0 3 c-° con - ~ > c~ N p co ° c ~ ` > c p 0 o cv °~ ~' ` a~ ~ O 7 o~ E o d f0 O U O a; ~ c ° a C ~ L N N C C L O ~ O a~ ° ~ >$s.~ ca ~ ~ ~ L o c ~ Q N a . ' o-~vJ -' a ; o-~-o cci Q y N `• N C O L +~+ C ~ L O Q..O N ~ L L ~ O C O N C Q O E C O ~ ~ C~ O p .0 Q N ..0 _ N C N.~ d ~~ ." O?~~ L O~ D Q~ O C d~ O U C ~~ N . > O ~~ . ~ (V N to N C U~ C~ c a O N ~ p O d ~ N Q~ O to C U a ~ C Q ~.+ y ~"' . Q N N~ .L.+ C f0 >+ ~ Q ~ Q !r E .~ 7 O -d C +-' O f0 f0 A> N~ N ' C (0 ~ O Q •~ O N j~~~ C C f0 T N f0 C N C f0 >. N C f0 C fD ~ c ° co ~ C N t -_ °. vi ~ U ~ N C ~ Q-ate.-.` c~ c c. ~ ° ~ ~ ~ ~ N '~ ~~ +.. .~ ? w o.co ~ O N O O ~ o.m ~ O ~ L L ~ O~ O L ~ N~ .0 S Q L O L~ a i C N U L C' r$ N C+.. C "~ 'C O~ ~ ' U ~ •~ N ~L~~ ~ N co N ~L~J ~ m O oL~ o .~ + a c•EH ~ p . + ~ N 7 ~ p C~ c.. cn ~ OLa d c ca ccna aa ` ' • a V d cam ~ a N • a ca E V).L-.. O p a f0 ~ ~ .V O p p . - C O~ a+. C f0 •~ O M .V O «~ ~ 7 N C -~ C j N N •~ A C O N OL M •V O U c0 O N ~ •V O C a C c c C O~~ N d O O C r• a N ~ O N D. ~~ 3~ rL-• f`0 C -° O p N C -° , p N ~ a C C L L - •-• C .O N C L N a N~ r d N O_ N~ r Q. O~ L L C _ ~ ~ ~' N f0 C ~ ~> p N O C N C C 0~ 7 ~ ~~ 1= ~ p~ C ~ N .~ C O 7 C N F~ N (~ Y~ C ~ a _ H N (D N O O` O c~ t~ N O O '-' N O '''+ ~• •rn~ L °'m ~ N Q~ ~•o H p fl G ~• i C o a 3 coy °~ o o ° ~ ~ n..~~.5~ o v Q a~ c c~ a~ ~ ao.~H~ co ~: 3 ~~ ~ ~ 3~•c ~ a.~~ .. o ~ a.~~ .~ N Y V d t U c 0 a d •v c ~a rn c .` 0 .+ 'c 0 c 0 .a a~ m a O O 4k U "a C7 U N •O d C N U U ~ ORIGINAL f0 .` E O U N L N Q m ~~~F9 ~ ~~ of G :a .~ m d v c E 0 ~ c 3 0 _ o •- ~ ~, >, >, ~, >, a a a a a •~ o 0 0 0 0 ~ Q O Q O Q O Q O Q c . _ c R a N N L >+ N O L >+ f0 O C O C N L N O f0 ~ .0 N p .L..• N a H f0 !A L ~ O ~ . aa~Q~ L L p N O L N 'O N +. N ~ a~Q ai a~ `~ ~~' 1° ~ L 'C N ~.. O~ L t'' O .. °~ L t C +-. N ~ ~ ... co a~ ~'~ °~ m a~i m ~ ° ° N Q _- i u c a ~d'co °~ co aci ° a? ° ° cco ~ v°i~ m uai~ _ m•~ m . N N N Q C ~ L~ C p C A L O j N O C p Q ~~ ~ p O d C ~ ~ N >+ m ~ ~Q c ~ a~ af0~ N > >+ - ° ~ oQ ~ c ~ n~ a~ m - ~ ~~° - ~ m~ C ~ ~ oa 7 •c C O Q ~, L fd fl- - O c 0- co = ~ t ~ t0 ~ ~ c v C N 0 +, '! N fl- - O C N fl- ~ O m ~ L ~ ~ ~ d C O O N L O ~ • c p 0~ N • C O C p l +• ~p d ~ N d ° , ~ O N.a~ a~ C}• ~ ~ _ ~ L a~ C~ ~~ m0 O fA-p-p rn N QNQ~' ~ w °'N(n~-' ..+ Q~ C.N.+ O ~ N N C C` C ++ 'p td '= ~ ~ O C ~'a N d C cp > N p ~ N N C C C~ 'C +• 'p c ~. of ~ N ~ p)•a N d c cC cu L N N C '= N ~ N N N C ~'• N ~ N N O N C '= ~'`~ ~ O N = ~ N N E C~ L V p N L ' C N > ° V p 'p fC O E d C '~-~,, N L C N > " O .;~ N L C N i N L C N N N I` C~ O> +•~ (C ~ ' Q O ~ In ~ ;.= aa0` > N~ N~ n.Nm fA + -' Q O ~ ~ ° ~ D.p.~ (0~ N~ aN C 7 ~ QN(~ C 7 ~ Qf0(~ ;C QQO ` ° L ~ ~ L ~ ~vw.~ aN o ~ owm ~ ..,, O C C p $ ~~ E ~ .~ ~ o~ ° v ~ c~•O nc`u ~ ..., O ~ C p E2 ~ ~ ~ v n .o c ~ ~. 'O C ' o w -o '~ }, 'D C ' o V, o~ '~ ~, O • a> > ~ d c u c,i~. c co ~ O c v~ o o -o o- o d c m c N' ~ co ~ o 'c N ~ ~ -o Q' ~ c a c a co N m a> o co d c ~ ° m d c ro c ° ~ O c 1A •V O +_' v1 C ?i ~ N O O~ c~ +~ N N c t0 •V O +_' N C 3 L_ N N p~ N ~ . N N~ f~ .V O C N pp .V O C N ~ .~? O N ~ O S T a C ~ ~ N~ N C~~ C~ ~ 'C N ~~ . O~ O .. 2 ~ N~ N C~~ y~ ~ ~ N Q O J ~ N w fa Q O J ~ N~ f0 Q N C ~ N~ N • ~ p ' ~ ~ ~ `• ~ ~ ~ ~ '. O p -p L C ~ cn ~ ° N O` -p t C ;? N -p H N + N W ~ ~ ~ ~ ~ o ~ a o .~ .n .~ c ° .n c o ~ ~ ~ a o .~ ~ .~ c ° ~ m ~ ~ ~ ~.~ ~ ~ a .~ a ~ n. .~ ... _N Y V d t U v~ c 0 a m c eo as c .` 0 .. 'c 0 c 0 w ca w 0 a~ rn m d N O O U "a d U .~ 0 C N U co .~ E 0 U N L N Q U p ORIGINAL KF ~~ ~ 9J'~ m m a r ~f C .~ m d v c ea . Q o ~ 3 0 c '- ' ~ ~ ~ ~ a a a ~ a •~ o 0 0 0 c O Q Q O n Q O a Q O ~ Q O c . _ c ev a Nm~ -o ~ y ° N 0 0 c 0 c 0 ~- c o m o L fA ~ N F•- a~ .c °~ ~ ~ L N C E O _ N J "~ m ~ L~ ~... O a~ c o L~ ''' O m io E m L~ fU L ~' i c N O N ~ f0 ` N~ f0 O N O c f- v N (0 C C •m fn C O ~ O O ~ F- U d C O a 0 O p N ` J O p N ` J p p C N N c0 0 0 ca c ~ (A d a~ o ~ caa Q N ~ C 0 " ~ f0 f0 °-` o ~ m`. ~o o a d + ~ Q~ c~ Q. + -• Q~ ca 0 a .~ °-~~~ ~~ ~, ~ ~ C~ L ~ O O N N ~~ O O N a O p) C N N c a p +•- ~ .E ~ ~ O t0 C~ .~ c O C N N C 1= a c O ~ p (O C C N~ ,«- O O c 0 0 ~ ~ O 2 C Q~ N O.~ C t~L ~~=~.0 aNd~' fl.Na~ _ Q.N j~ ~ p .~ ~ > -p ~ O (0 N ~ N ~ ~ ~ ~ N Q ~ N f0 N ~ ~ N ~ C N :~ N ~ N w N ~ C ~ '~ co = cc..+LO.a vi ~. ycamEa~~°-oN > N c b c .-. O ~'~y}. (n ~~NY Q N~n ~a E a ~ ~ •a 'p a •~ O O O m coa v~~ c C ca ~>~ a '~' L N G ;,= aQ°-o co o ~~ c C f0 C a ~ aco c c N C a :c nm c C N ;r N L N :~ Qc~~~ ~ O O N ~, N O- ~ a ca O H O +. N ~ p- O N ~ O- O O ~ O- O O a L ~ U ~ N d ~ C U N •O N O ~ U 0~,. N ~- ~ C O ' N •O N p a C •O N p a C •O V1 ~ Y U N C fl C - a~• ~~ - ° • ~ C ++ ++ ~, 4. c ~ c c.~~ ++ 4. cam +. d cam a. - C o0 d c ~Q•-o o - o ~ ~ m ~ o ~ y ai cv o m ~ m cv coo ca •- c v, o 'O ~ 3 N O N O eG •Q a • 0 p ~ ~ •Q O fc0 M •Q ~O y eN •Q ~ ~ eM •Q O ~ ~ N c~'°N~ ~~c°a~ ~ca N ~m ~ ~c°o ~ ~~~NN ~p y p~~ Q 1= ~ C co ~ U b ~~ 0 0 0 0 1= , c ~ U U N , c ~ U U N a ~ U V L ~~ a Q w co a c c N a N N ~ `~ N N fC a ~ •p c0 a~ Q a 'p c c N O c0 ~ •~ Q~ N N ~ 'p Q~ N (0 N~ ~ ~ 'p a c a O 0 o cocvo .n.~ c~rd~ ~~ o a~mcuo ~ ao.~.a.~ ca n: a~ ~~o ~ a._.n ~~o ~ Q.._.o ~E~°Ea~ ~ a._~. .. m L U o~ c O a m a c ea o> c .~ 0 .. •c 0 c 0 ~o o~ :~ w 0 0 U "a (~ U N •O d c N U ~a .` N E 0 U N L Q Q~~KF'9 O ~ ~'.c~ ~ a v o ORIGINAL c :o .~ m d c ea .Q o v ~ o ~ c o ~ a ~L d C .C a ~, a~ 0 n a Q c O ~ O N O > O N ~ .-. ... D O N F' ~~ `~ O N V~ C n "-' O N~ N N ~ = N O- U y- ~ O..~ N ~ N >' ~ Qom-' N W LL ~ ~ N v_i ~ a •~ ~ N O ~ ~- N ~ O ~ ~ d V~ ~ w? .x ~ O N N~~ t s D~~~ c N Z ~ ~ C dY n~ .C ~ 1= n ~ CO ~ O }' ~ ~ ~ d ~= m N= ~ L c O N N (~ n= N V~~~ 7 p u' o 0 0 ~~a•~'Ut N 2L,a2 Tm.~y co uS O m Q.`. cU ~2H•3~+~ o'= can a~ 3 3 m v~ V d: ~~m~~ y c~U m ~~-- cam- ~ ca Z p~ ~ ~~g QL.~ mm•o c o ~~ c~ n tNA .r C as c;r c ~sL ~ °~~~ ~ cUj N voim O ~ _ i°~m 3 ~ c ~ °~ o ~ m E~ c ~ a~ OeaZvi~v~n.o ~-rvn-v n~a'y~Em ~ m ~ H~= m•O o c+-o.co ~ uoi o.~~ O ~.o c ~ o ~ ~ ~ C N o n.a>i ~n~ a~w axis a>i c a.c ~ c d ~G.Un}.v~vEv~co~o~~..-acucna~~co ~ O ~ n. +-. U ~'Q= C ~ O 'O C ~ N > ,O ~ N_ O }, O O a ~ N LL d. ~= N ~ C O ~ ~ O O ~- = N ~ ~ E m o• ~ o ~ acv ~~ a>i m~ a~ ~ ~ ~ 3 0~ ~ I` (0 O N ~ ~ W - f0 O 'a (0 O ~ ~nr~ ~ ~ 3 s~ y ~ o n`~ y~~~ m c co m O U uN i O a` ~~ N~ w 3 ~ ~ ~. a~ a~ n c o > = a~ ~ •, ~ > >, a~i o c 00 .N N N '= ~ c >. •O-c cm'= ~ a~~a'o~ ~ ~ ~ ~ U ~~ c~~ m x ~mU ~ ~ c>o °~. m cco o ~ ~ o Q- ~ ~ ~ a~ ~ ~ E co n a -~v >,~'r- a~ o~ ~ n~ a~i o ~>> ac~~N~ c o o~~ c v ca rnNv ~,~ Qv E ~ rnsv Ey•N ~ oV~~ .- a~ ~ ~ >.~- ~ }. O v ~ N O ~ U = N ~ fC ~ .~~-' c co ~ ,~ s N f0 N~ O~~ N~~ ~~ X f6 Q C F- E a~ Q n n~ .~ nH n~ O 2 ~ ca r a~ Y V d L U rn c 0 a m v c R o~ c .` 0 .+ .~ 0 0 w as w 0 0 a~ rn co a N O O NU a U N 'o a c U .` 0 U ~,AKF 0 9`f-~ U tC0 r- O~iIGINAL C :a .~ m a -o a 0 0 0 a o a o Q d v c ea . ~ o O v 3 0 c o ~ a .` m c . ~ c ea a o m =yam ~ c $a~i ~ ~ `m '~ p co ~ ~ o~ o m ~~ n a~ m ° ~ ~ c ~ ~ . ~ ~ Q ~ _ o C a O R C L O to p ~- c ~ m ` U ~ Q. O y E ' ~ c ~ N '~ ~° ` .. ~ o ~ ca p N cU o~ -N~ ja ~~~ i o d v o o.o a ~ ~~c- ~o o. vo o ~ N N °~ N ° vi co i~ a Nv m, c ~'Wdv ~ i ~~ o,v,~-a.ooca 'S p - °~.'~coa~°-EE ~_ ° 5 ~ vc o~ ~d ~a N N~~~ rn N ~ y N 3 d N O N N~ c~ tin . c . vi O >+ U ~ p ~ r O N ~ G,`o N c L~ N ~ '~ r~ > OLD ~ O~ V O ~ ' O U ~... . U U ~ ` d'i+ ~ N ~ N ~ ~ C ~ fB U N a m -p ~~ V 'd N a ~ ~ ~ d O N` '~ O` L 3 N O N _ ~ O O iii 1= N c ~ O N N N N~ ~ p N +. r • ld E O = . rn C c N 'o c~~ O n p o V ~ d y y ~ •~ .fl a N ~ ~ ca'-sa ~~ ~? 'O N ~ o N N c o o p `~ ~ rn~ ~~ ~ cA ~ ~C d w ~~ _ R , ~ d c N~ p o ~ a~'N . R ~~~s~~3 o ~ E ~ rn~ ~ rn~ o ~' f° rn N ~ c ~ o~ a Os L O ea .-. ,,., ...-. N ~ ~ m ~0~ = ~ O m n Q c~ d= a e` L ° p ai e O p .+ o c = t a i ~ v " ~ N > O ~ N m .$ ry C ~ ~ ~ ~ ~ o m C _ ~ ~ ~ ~~ •x ~ c a rn C n c ~ N c N C .c ~ ~ ~ C : N ~ p Q ~ ~ ~ 3 ~ ~~~. .a o2 o-q-a.. ~ p N ~ m~ ~ E A may Q ~ ~ ~ ~ N _ N N O~ U C O ~ ~ d O ~ O V (0 O O C N ~ ~ N~ ~ .N CJ 'N N ~ N t0 .~ ~~ ~ C O y O C Q N ~ In 'a+ O U U E ~. ~ . . ~ d C N fC N C a v Q p a >= to ~ d N O ~~ .> U v c ~ d~~ c c a'p O ~ v ._ ~~ = d 3 ~Ra Yc ~~~p> ~a rnncoww`.ca ~ moocuL ~aV o.p v v n c ~._ . . . . . H u, N ~~0._ ... N Y V d L U c O a a~ c c e 0 c 0 r ~v as 0 a 0 co NU Q U N •O d c m U m .` a~ E O U a~ Q KF 9 O~ m J'-c~ '' ~ m ~ r U a ~ ORIGINAL _C .~ m C O d V C , ~ ~ O ~ ~ 3 0 c o ~ a .` c . ~ c ea a a a 0 ~ 0 ` a Q O O. Q O N- N ~ p y N C f0 N ~p cn 7 c0 tq C d C C .+ N~ ~~ y N U ~ C~ f0 O~ N ~ ~ U fn O L ~_ O~~ =O ~ .pC N Y C ~ N~ N .N C U~ Q ~ ~ o d ~ .3+ U~ C ~ _ 1E ~ E N O i v i ~ 10 i m ~ mH•E ~~.Sa'v c ~Lo.~V rn"' a- m c • o n ~ }, ., a~ m ~ 3 0 Z O C1 ~v v 3 ccv~ v c ~ o U co a ~ oN ~'~ c c c- ~ a~ cv d ~ r O U O~~ d- ~~ a~ N L O O C~ Qy ._ a ~ v~ ~_ ~ _ H' ~ m C C~ a L C V . 2 ~ c ~ ~ ~ N~ a w N ;C ~O ~. ~ ~. c ~ Yp.~ ' ~ v c o c O ~H o ~- °~ ~ a•m o o ~ ~~ 0 3 o-Q Q > rn O v ~ ~ ° U~ m Nam ~ v~ p Q'm'n.a~ o y ~p . N U S L a n z co ~` o ~ c .. N O^ rn - .N ~,L ~ c... ~a N 3. ~? a- o o~ `' ~ o Q ~ ~ rn- a a 3~~ y ~ ~. ~a c c o~ > ~ ~ ~ Q ~~ U a~ o _ fn O O ~ O N a~ c Q L ~+~~. O~ :_• ~ t`n t0 ~~ N f9 a N `' C O a ~ , O L O~~ Y O = LL C y X O~ U L f0 ~ U L w O O "-' ~ 3 ~ ac ~•3 o c ~ ~a 3 a~-c ~ N a`~ o a i.m io `~ ' ....._o`~ ~ cv~ o = o c c rnr> a ~ o rn•~ na E o ~`~ °~V o a~'i c ~ m a i•°-'aa~ c G ~`1 ~'rn'= cv oa u i i•~ vi a~-oa a cv .=o ao ~. ,~Qm a~~Yco ~coa v Q.~~3 ~. o 3 Ua~a Cf S as ~ ~,~ o 0 0 o a~a ~ ~a ~ .o U 3 ~ N C 3 0 ;._ L `~ L 7 ~ c N~ O p N O Z -o m ~ aN Qo 'a ~ >, a~~ y N a 0 ~v a~Q ~ C p L L _ ~ (~C O O U V~ .: N C O vy- C N a0+ ~ aL+ U O. a U~ V` O ~ O _ 0 C~ tB w~ Q N N N N 7 '~~, a~~ m ~ t~ N O '- U~~~ O t O~ ~ N~ ~ c"o v c ~'S}'~.o ".° o c0 ~~ m 3 c-" ~ ~ ~ ~ E V C O N C~ a each ~ cv N y x ~ ~ O ~ N td c 2 Nam ~ 'p U a ~~~ Q O ~ ~+ N~ c 0 tp U~ C ,~~, fd ~ ~ O N~ C O fL O L O U r p ~ p . .... ~ N d N 0~ ~~ C C f0 ~ a d C N N N O N O C N N C j ` C O N p' O f0 d D. V1 N~ N Y d ~- ~' ~ f0 O 1 ~ ~ O 0~> ~ N O a E N O H O O d U C C N . Q .L.. ~ O ~. (n Y Q O ~ y O ~ N .C c O ~ > U N ~ m f° ~° o ~ • v ~ m d > > ~ •~ ~ ~ .L-~ ~ u o m 'y ~ ~ '~ ~ ~' f0 ~ m c~~ ~~a io o~a o~c ~cam u ~°v a°; ~~cn00 av~b E,: 1=.C.Qa c0 c~ co 0 3 ~ 0. ~ 3~~ ~ ~ ~c/~O co v~= N E 3 ~ e aa i o ~ a ~~ 3u. c .. N Y V d L V C_ O Q d 'a C ea C1 C .` O r C O C O Of :. o~ w 0 N N f0 O O U "a U m 'o a~ c U ~o .~ 0 U N L N Q r v o ORIGINAL ~~ KF9 c cP~ ~ m c 'v .~ m d v c • ~ L V O V C Q a . ` m c ' c c ~a a (6 ° ~ o cr ~ rn o v i~~ ~0v Q.3 ~~ n,E > m o.5~ 30~ 3'0 ~ ~ c~v c N B co ~ ~.- ~ p 0 0~ N N Q` ~~~ N a O N N~ C N c ~ . _ O • C j~ 0 rn c O D E 'O C ~ f0 ~ ~ C N ~ O ~ ~ `-O ~ ~ Y ~ O ~ ~ ~ .~ t N N U U U O N ~ '0 "= >. m ° ~ ~~, o .5 ~-° ~ j o mo ° ~ ~ o Q ..oL O o~ 3 o a~ ~ ° ca n c °. m , ~ E rn . a i o c " ~s'3 c ~ a~i of °-~ ° a~ a°'i aoi ~ °a 3~ o w ~~n. ~o m o~ ~a ~ c a~~.~ ° ~ 3 O > o ~ , co~ ~ ,n 3.c ~ ~ myoOm ~a~°~r Q ~ N N ~ +. U C N ~ ~ ~-' N OL-. ~ +. ~ O C "' O N ~ N ~ IC ~ N ~ N ~ N O to +~ 'O > °' ° ° vi ea as i ~ ~ c c ~ ~ c ~ ~ ~ 3 ca ~ ~ o ~;~-. ~~ 3~ ~~ a i ~.~ a? ~ ~ ~ a i c~ c E~ a ~n ~ c~ ~ ° o~• o-•c.N ~ o c~ o rn~ °? rno~~ ~s ° o ~ u~ ~ co ° °~ o a~ a or 3 ~ ~: . N . rno ~ ~ a~ ~ rn~~ ° ~ _ ~ ~~ ~ 3 ° L n ~ rn ° }. ~ ~~ ~ c a~0 0 ° ~ c °-`- ~ m E o ~ 3s o 3•~-° ~ ~ ~•''.n E `~ o O ~ C ~ 3 Ui ` 'n N~ O !.'' O~ N N N >+ V S O U~ rn O ~' ~ 'p N >' - N .. 'p N. U ~ O lL s c~ a> ~ U ui ~ O '~ O- L N c c0 M O N O N c ~- ~ p ~' "o U +r ~ 3 N rt - O 3 ~ ~ ~ c0 .Q ~ ~ c ~ N -p c N - ? N $ -p c .c .- ~ p N c6 c p O ~ -Op •O ~ c ~ ~ '~ 3 c c ~ ~ c~ c ~ c• ~ ~ } NN ~ 3 • C1 ~ ~. . > c >. o o.$ ? c~ o~.cU c~i ~~ o ~ a~ " ~v >.c~u. O 3 0 ~ N Qj C ` C X N ~ O Q 0 ~ N 3 O N~~~ f0 O p O U V 7 L ~~~ Q C 6 O O m p ' 0~ fC ~'7 ~ N~~ C N .C ~ C~ N~ '~ t=/1 O C~~ ~ O C~ m N U C N O C N +~'' ~ O ~~ f0 N N N ~ ~ ' ? ~ Q -~ ~ y N N O N ~ • ~ U O L N ~ >+ ~ ~ ~ ~L O N O C ~ -pp 'O N .,.. ~ VJ t ;~ 0 0 ~ ~ Q y U~ Q~ O O C L ~ (C + .. w. ~ O N~ O N '~ (~0 L fq 3 f-' O 7 •~ ~~ O N ~~ U fn 'p ~> 0 0 C f0 y C~ C O~ fn Q (`6 O V U C~~ ~ .0 N~ 'O N~ N N~ L O N N L o ~ o 3~ ~crn._°- >~cvco~co3 ~mcvcv cn~$3 ~3XV~ ~tvo >c o cn~ca._ ~-v~~~o~o° o° °°rn oar o ~., 7 C U O E~ 3 E 0 ~ Z N N CO O O ~~ O~ C U L C ~ ` °; }' > .0 . O . ~ , C ;«. N U ~~ C O C 7 X N .-. C 7 w 0 0 7 0 .~ ~~ O E CO 7 N 7 0~ O X (N ~ N~ C_ N E l.L N VJ ~~ O N~ w~ N O~~~ ~ .D Q Q .C ~ N U N> 7 .. N Y V d t U c 0 a d o~ c .` 0 ._ 0 F c 0 r ca o~ w 0 M r N Qt f0 d O NU a U m 'o a c a~ U U O ORIGINAL .` N 0 U a~ Q KF O~ ~ 9~T t0 ~ r Cf C 'a .~ m >, .o a~ 0 n n c Q O d v c . ~ ~ O V O O V C O ~ a . ` d as c ' c c ea a a ~ ~, ~ ~ a~ a a~ > 0 > 0 Q O Q O v z .o a - Q O! ~ $ N U o ~° _ - O Y L ~ ~ Q v v ~N ~ N O N c N ~ N O +L+ ~ O w ~ o C - X L ~' C fA O tOA ~ °~~ •C N 7 w y ~ L ~ Q o =a ~ ' rn m N i.~ c ~'" N ~' ~ a c m ~ ncn o cv ~ c.~ a~ ~ o N' U o a'N ~ N as cn~ ~ 3 no n°~ n R N~ -° ~ ~ ~- o ~ ~ ~ a~ o ~~-'~ n~ cv L w a a ~ n ~ _ N rn O a •y ~ L ~ N ~ N c ~ .U ~ fl. N ~ O ~ o n .. O ~ of ~ n ~ ~ O ~ ~ C C o ,~ ,r .. c ~ :~ ~ ~ ~ to ~ "O O N ~ U f0 N :_. N "0 N .C C N N O N C .O ' O + +. C N (~ O ;,., w. j N N N O Q ~ d O ` .~ N> O :~ 0- t~ f0 N C~~ r t0 O tp '~ +- c U f 0 t~ O ~ c O d d ~ N L ~ O .N C~ ~ C fC ~ ~' ~ V U n~ ~ C ~~ V d C~ O c= N L c V E O G N n~ Y p ~ p C~ ' C M O N O~ N N O N >, O a O p ~p L ~, ,~' V N L~ :«. H 7' +~ C U~ O N C O~ N N~ O N . H +_. O «~ N. U U p ~~~ O~ C ~ O n N U N U O O C a N O n g ~ N L ~~ C ~ C U C fA E O - d~ ~'fA ~ ~....`.+ f6 ~ O. O ~ c (n d 0 3 n t ~ •~, = N +`. N .C O N L Y y y v m ~ +, ~ c ~~ O o ~ cv av°~ N a? 3 ~ ~ , a~i:°.c~ >Q ~~ ~ ~ c ~ ~ fl-aQ ~ ~v C~ a~ ~ O •N i'= C Q' ~ O O y N~ p~ ~~~ 'O +~ N C O U> rn n ~-' ~ O d C O L ~ L~ Q ~ •- U n ~j O O - V~ U~~ N n `O O •~ U 3 M O N~ N . ~ c N ~ ~ °~ r c ~ ~ o ~' Y ~ cv c ~ •co ~ ~ .~ ° "~ o m co ~ ,-o~. o '~ o o c a~ ~ ai a Q o m•~ °•~ ~a o o ~ ` A ~ a c ~ .r n °' o 'o c ea cca'rn$ ~ ~ ~ ~ x o ' ~ c ~ ~ ~ U ~ Ua oi~ o ~ m o,c ~:. 0 0 Or c . .+ t~ eo o ~ ~ m cw ~ O N n ~ ~ O o~ c ~ ~.~ o N co V O N " N ~ .E C C n N fn C IC U U O +.. fA N ~„~ O Y~ c N •p .c C O ~ N ''' c c n ~= ~ ~ a~ ~ ,; ~ p c t N ate p~ C U O '~ N ` c ~ a N L a~ n n y O ~ . r V ~ "a ~ N N N ~ >+ C .'C-. 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Q- f0 N ~~ C ` O 7 U N C C • O ~~ co c N ~ N L O >, a~ 0 a Q Q c O w w ~ 0 0 ~~ U N 7 0~ ~ C C = O~ U O N L "D N 'fN ~ (Oq v~ N N s d N t0 N~ N O U O ~' m Q N ~' ~~ y ~•N .E -o a s ~~ c9 ~ c n'c~$ v ~'U o-° v °c'aNi~ ~~ co a°i•`o_'o aoi'o rna~ w, '~ ~. v a? m °_' ~ a a coo a •.c-o C c~v o o,°~~~c ~ o~ ~.~ c ;~+ .O ~ N 'Op 4? C +O+ ~ ~ N ~ ~ ~ N N 7 N~ O~~ d -O ~ a ~ v~ N N .C L C ~'~ +L+ O U L 7 0 'a C p c c "- '~ p~ co N .O +v v .~ V~ C N N~ V Q ~~ C~ Y N n (D _ _ C +.. N t0 _ 'O ~„~ W O N f0 C A N O .E X tLn Q' `~- c0 W C~,OLL'N.N. W ~~ c N" N ~ ~ ~ ~+ d w0.. r0.. N N ~ ~ ~ .0. N > C U a~~ N-o 0 o n'o~~ N c ~.~"rn~ ~ d c N N X~ O O ~ C .; t9 ~ F N~ m O a~ N !-' U f= ~ N tq Z O V OC Z V .0 c tC Z O Q Q W Z Z a~ 0 a Q O ~ vi `o c~~ o t0 ~ .a U N ~ ~ C C N ~ 'O C ~ N O ~p N (0 O Of y 7 O~ C =p~-. U U~~' O L = d (' ~ U O C 'p 0 .~ N~ N W~ a~1°`oLO~o ~c~E la H >> L C~~ L N N Q~ ~ '«+ cv°'i ~~ai`o•~~~~oO'~°~ ~a m ~ ~ ~ ~~°~~°~ ~ ~ ~ ao UJ H O v ~~~ o~ m~ y~ a V •O ~ ~ d i p y N N C" C 3~ N y v~ d v d.~ C L'O ~O•U a~~ V~ 7 t' a Q 3 O O C 'N a a U O O ~ ~ ~ C ~ fV ~ tV ~ w ~ O 3 ~ j > O m ~ N~ N~ U~~~ N~~ X ~ ._ Q O in U c0 N w. N 'O ~ c~ .- N ca Z L O O O C c 30 a~~i ~ N ~ > ~ L ~ O ~ N 3 ~ O N L N U C tU =p ,U N ~ (~ Q Y V d t U o~ c O a m ~a c ~o v~ c .` 0 .. 'c 0 c 0 as :. w a a~ rn m a 0 O NU a U m 'o a c N U f6 .` N O N Q ~AKF O~ c 9~T m m - a ~ V p ORIGINAL C =a .~ m d v c . Q O V C 3 O v C O ~ a w . ` m c ' c c ea a ~, a~ 0 n Q O ,~ O Q ' ~ C ~ o '~ 'a ~ ~ O p N U ~ O L ~ .L.. C ~ ~ ~ ~ 'n O c - O ~ ~ C N }' C O !d > O U ~' ' 0 ~ N + ~+ ~ w C C ~ ~ N` ~ O ~ ~ m ~ ~ > c tq ~ N '+ ~.. N ~ ~as c o N > r+ ~ ++ f0 C O O C p ~ ., N~ . ~ ~ N ~ cQ c O c o .` p +~ ~ v ` .~ cy C i N a rn i ~ N • . ~ a~ d ~ ° °`.U o rnaNi ° ~ ~ ca ~ ' m m~ c °~~ ~ m~a `o .o- ~ N '~ ° ~ ~ y a~z ~" a i~~ ~a~oa~~c°i°o~ ~~ ;cs N~ -p c a O Ha~c~0i~o3=op~c~c eo .+ . V c ~ c0 O c O ~ N>-a ca c c °~ E ~Nm ~-. O O ~ ~ +-' O m L O L O U~ N~ U !~0 C y 0 ~"' C U N O 'a f0 N N O • L>, O~ ~ > B O O N C N~ ~ U~ +y+ Q Z~ L C~ C. C 'C Q p N L N U v - p U `~ f0 ~ ~ ~~ N '+ '.~ O c `.~,~-' O C Q,O ~ N c -p f0 L 7' >+ N ~~ O !0 C N U~ 7~ f6 X tC O L ~ N c ~ ~ c~ > . ~° ~ ~ a~ c~ ~ ca m ~ ° ~ a ~ o ° . • ~o ~ ~ N C ~ ~ ~ m ° o N O U N 3 O f}C 7 +~ O C ~ > L ~ ~ Q (~ Z 'O .` +. d' cn +~ L >, ~ ° ~ c N N o ~ ~ ~, w- aZ Y ~ C c 'ci ~ Nv rn~ cB N_~ N N ~ °-cn ~ ~ ~s~ mL .a y C N rn~ • ~ ~ N m~ m ~ C C ° f0 c N~ O L f0 ~ O ~-' ~ N v° •~ ~ ~ .C •` N F L O O c c ~'' >> ° c ~ ~ ' ~ E ` `~ N ~ C ~' c o i Z c o N v ~ ca N v ct o ~ ~ ° ~ o c c o ' v - ,= a E ° ~ > `~ o ~ ~ `~ i i c v ° No °u~>miNC o• ~~' ~ o'v -iE~~ =a . c~iy~ ~ f0 N ~ ~ ~ °s°~ ~ N ~ 7 N L -~ .3a v N O Ir ~ L ~ ~ Q ~ N ~ ~ ~ ' ~ N , ~ y > N j ~ N U . ~ f00 U :~ f0 ~ U ~ c ~ fB Q- ~ C U ~ p QL... ~ ~ y L U U +~ N ~ C ~ ~ N ~ `m c°~a ~~ ~ v c`o aNi n° o ~QG'~a °Z.~U ~.5~~ o • • r y Y V d t U c °a d 'o c R rn c .` 0 ... 'c 0 c 0 ~a a~ «~ 0 _~ a~ rn co d O O U "a a U N O a a~ C a~ U .C~ C 0 U d N Q ~g AKF9 ~ ~ ~~ F--a m r U p ORIGINAL C 'a .~ m m v c , ~ ~ O V C 3 O v C O D ~ a . ` m as c ' c c e~ a ~, .~ ~, ~ a a 0 0 Q O Q rn $~~ -o cc N° a U C O as ~ cN -~_ N L~ c N • C N~> ~I .V ~~ ~ to N~ N ~ N N N ~ >~ C N N N to ~ - N (d C Z N 7 0 `~ +-. Q' N N ~ N '+' (0 N D1 O a •.0+ Z ~ > .~ ~ 1= N cu a rn N >, U O +~ . O > ~ O .U y +-' r0.. 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'c 0 c 0 as 0 a~ m a 0 O U a a c7 U m .a a w c U io .` E 0 U N ~QgAKF9 ~~ ~ m _` c U d r- O ORIGINAL c .~ m W V C • ~ O V V O O V O _ ea 3 a w .` m as c ' c ea a ~ .~ ~ ~ 0 0 0 0 0 0 c o a c a o a c a o Q c a o Q c a o a c a o a c a o c U ~ - c >+ N fn t0 C ~ N U C O O N~ 'C ~ = O ~. ~ O ' ~ `~- ~ O~ E d. ~ ~. d N ~ ° C N Vi = N N~~ U ~ N c Gs O "o a L 3 0 ~~ ~ c ° a 3 a-o U y ~ °' ' ~ ° urn ~'~~ co ~ .~ ~a ca ~ ~ m.~. c ~ ~ ~~ cco N m ~ ~ ~ • o ~ N R N~ <` U C ~ w .r fl ~ n p V~ L f 0 N O .~ Q .O N (C N Ot d C °- ~ 0 . ~ ' ' . O ~ O gy . ~ ~ N >+ ~ y ~ ~ d f0 v U C ~ N ~ r~ N O O L p N f0 G~ Q flf N ~ °' a ~ N C N O - p O O .N ° N d 'Q ~ N ~ N d U ~ C~ :N N ~ , y°_ ~ o ~ ~ U e ~ a a, c cv a i va ~v ~ o ~ N c E~ a i ° N L 0 N C d•rn~ o -O ~ ~ ° c - . w ~ ~ c H ~ ~ °- t. ~ HZ ~ ~ N .O... C~ c o o Q H N N U N ~~ `~ ~ v 0 c ~ ~ ~ 'C~jo N Z ~L a. O ~ ~ o~ d > o~ c•~~ N O •~ d C p~ c u N N~ O ap t~A ~ ~~ ~ C a Q' L N 'O C L N~~ C J ~ > ~ ~ ~ W N -a V to c . ~ ~ c ~ . 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N Y V 4i L U c 0 a d c ea aI c .` 0 ... c 0 0 w ea w 0 rn m rn m N O O U "a U a~ .o a C m U .` O U L Q o`` ~ KF9~ ~ ~ ~ ~- a m r U p ORIGINAL Exhibit F Zone Map No. 123-28 o~~AK~9J' > ~ F. m r U O ORIGINAL S r ~ ~ _ _~ M W ti fj N N N r } ~ Y o~ =s ~ N N' z L~ ~ ~i ~ „ r .r s a i z = w 3 i ~ i z ~ r V V J i ° N. -- - z_ r N c ~~ ~ .. ~ ~ ~ a 3 ~r ?c oo ~oFVw=~ag~Og~~u~o ii o ~^ ` N.S M ~ ~g ~ m ¢~~p?J 14 ''tea ~-. ti~ °°° arOy¢~~ ro;a i~~ui o so . ~ ~ < ~~~ ~ f~ Y V Y r G ~ _ E N O j N J W Z V ~ N N J p = i J o ~" ~ ~~ H 1~ 3 _ 2,<I 3` ~ t.If 6J34~J0 °iS ~<_s y6 2 V 3 V 2 ~i•!w^,J~aL C = < ~ Q ~!A a V J V ~ ~ H V ~p ~ h V ~ .s ~ j 4 I yy W w~y~ 7xf p OOJC ~w Y~~u_F.~_.22cwL WS ~ H( jj~2 F~ W C;rr (L Z V~ C ¢ Q i r1 ¢¢€ 3.. ' J~ J W~ 3 0> j ~ r V d` j i~~ K Q~ pC J< O r ~ '~ N ~ ANN J I ~ ~+ - CI_N n f O.NV V_NyeI1Wy ~ 6 dA ^ ~ C Z 2 S C S Q C C G C V V V a i 4 V V 1 3 3 p Q<< 6 Z O W 1 .3 H 7- ~ ZONE CHANGE 06-1052 ea- rzi~ eery eeg 1 _. - E- CU ~a ~ N ~ ~ U ` N 0 N ~ ~~'t n' o I t~° ~ I ~~ 2 I s~ N ~ Q~ 1 3 <~ a~ ~ , < ` i z ~ < \ _ ~ ~ ~ \ ~ ~ , ~~ rr , ~~ fr V ~ a r ~~ Or Sae W~~ • ~ ~ _ ;~ ~~ i~o $'g'«~_i X 'si'~$ aS ° ~-;S ~ ~. e -~ of ~ n ~j+~~5~ moe < V i ~ ^i ~=r ~ - Lo "`o e;C nwrj .Se~O ~ ~~ aW ~o;~s ~ S • a ~ ~~ ~~ 5 I I I a' ( 1 c8 ' F t (. I .. I ------~--------,--------------- I I ( I ~ ~~ r I I I ( ~ ~'g ~ Fg . • r. I a (, 1 ~ ( I ( ~ u y T . z s u 'e a. 6a- rz/ Bell seg n :' h o~ ~E A ~eN y2 Z 06 ~ ~N~ Z ~N 3 Q W + V ~. ~~~F9 D ~-c~ m ZONING MAP (23-28 ~ 0 U ORIGINAL Exhibit G Legal Description o~~AKF9~-c~ ~ m H r v ~ ORIGINAL EXHIBIT "A" LEGAL DESCRIPTION OF: PROPOSED C-2 LOTS "A" AND "B" OF LOT LINE ADJUSTMENT NO. 06-2270 PER CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0207238228 OF OFFICIAL RECORDS, OF KERN COUNTY, DATED DECEMBER 4, 2007. ALSO BEING A PORTION OF THE NORTH HALF OF SECTION 28 TOWNSHIP 30 SOUTH RANGE 27 EAST MDB&M IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28, A CITY OF BAKERSFIELD CONCRETE MONUMENT, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, SOUTH 00° 25' 08" WEST, ALONG THE EAST SECTION LINE, A DISTANCE OF 649.63 FEET; THENCE, NORTH 88° 57' 25" WEST, PARALLEL WITH THE NORTH LINE OF SAID SECTION 28, A DISTANCE OF 1299.53 FEET; THENCE, NORTH O1 ° 02' 35" EAST A DISTANCE OF 649.59 FEET; THENCE SOUTH 88° 57' 25" EAST, ALONG THE NORTH SECTION LINE, A DISTANCE OF 1292.46 FEET TO THE POINT OF BEGINNING; CONTAINING 841,858. SQUARE FEET ACRES (19.33 ACRES), MORE OR LESS. ~~O LANO S~\ ~~~,\~~E J OHN G `Fo v ~?, SN ~ ~ EXP.9-30-2008 A L.S. 4901 \TR OF CAL~FO~`a/ s O~~AK~9.c~ ~' m ~ r v o ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 21st day of August , 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4528 ,passed by the Bakersfield City Council at a meeting held on the 20th day of August, 2008 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING TITLE 17 (ZONE MAP NO. 123-28) OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 TO C-2/PCD ON APPROXIMATELY 20 ACRES LOCATED AT THE SOUTHWEST CORNER OF PANAMA LANE AND ASHE ROAD. (ZC 06-1052) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By. `~ ~~---- DEPUTY City Clerk S:\DOCUM E NTIFORMS W OP.ORD.wpd o~~A~~~~ '- ~ o ORIGIN~+L