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.
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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
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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.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on 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
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Exhibit A
Zone Change Location Map
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Exhibit B
Conditions of Approval 8~ Mitigation Measures
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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
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EXHIBIT B
GPA/ZC No. 06-1052
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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
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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~~
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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
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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
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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.
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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.
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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.
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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
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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 ~~
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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.
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Exhibit C
Statement of Facts, Findings, and Mitigation Measures
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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~
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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.
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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.
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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).
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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.
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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.
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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.
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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
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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
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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~
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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ORIGINAL
Exhibit D
Statement of Overriding Considerations
o``gAKF9~
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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
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ORIGINAL
Exhibit E
Mitigation Monitoring and Reporting Checklist
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Exhibit F
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Exhibit G
Legal Description
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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.
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 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
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