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HomeMy WebLinkAboutRES NO 057-02RESOLUTION A RESOLUTION ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES FOR THE STATE ROUTE-t781FAIRFAX ROAD CONSTRUCTION PROJECT WHEREAS, in cooperation with the California Department of Transportation, the City of Bakersfield has taken the lead to construct the interchange at State Route-178 and Fairfax Road; and WHEREAS, the purpose of the reconstruction project is to improve traffic flow, traffic safety, and to mitigate traffic related noise impacts at the intersection of State Route-178 and Fairfax Road; and, WHEREAS, the project involves improvements to State Route-178 and Fairfax Road and construction of an interchange (EXHIBIT "2"); and WHEREAS, improvements will occur on Fairfax Road, between Auburn Street to just south of State Route-178, and along State Route-178 from just east of Oswell Street to just east of Fairfax Road; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment if certain mitigation measures were adopted to address potential impacts regarding Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Transportation/Traffic, and, therefore, a Negative Declaration with mitigation measures was prepared and posted on January 31,2002, in accordance with CEQA; and WHEREAS, during the review period from January 30, 2002, to March 1,2002, the City of Bakersfield received two agency comments - one from the California Regional Water Quality Control Board and one from the San Joaquin Valley Air Pollution Control district - and the City of Bakersfield has adequately addressed these comments; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and the City of Bakersfield's CEQA implementation Procedures, have been duly followed by city staff and this Council; and WHEREAS, pursuant to the National Environmental Policy Act (NEPA), the Federal Highway Administration, in cooperation with the California Department of Transportation, is processing a Categorical Exclusion for the project; and WHEREAS, THE Council of the City of Bakersfield, in accordance with the provisions of Section 21092 of the Public Resources Code, conducted and held a public hearing on April 10, 2002, on the above Negative Declaration for the construction project at the intersection of State Route-178 and Fairfax Road, notice of time and place of the hearing having been give~ more than thirty (30) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been provided. 2. The provisions of the California Environmental Quality Act have been met. The proposed project would not have a significant effect on the environment if certain mitigation measures are adopted to address potential impacts regarding Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Transportation/Traffic (EXHIBIT "1"). The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711.4 of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. The Negative Declaration with mitigation measures is hereby adopted for the State Route-178 and Fair[ax Road Construction Project. The Mitigation Monitoring and Reporting Checklist proposed in Exhibit "1" is hereby adopted. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. I HEREBY CERTIFY that the foregoing Resolution was passed and adoptedby th,e+~.~.~,,,,l~il''~ ' '~ ~ Council of the City of Bakersfield at a regular meeting thereof held on APR j. 0 2007 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNC~LMEMBER ~ COUNCILMEMBER COUNClLMEMBER ~[~ C TY CLERK and E~vOfficio Clerk of the Council of the City of Bakersfield APPROVED APR 10 200? HARVEY L. HALL / MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney S:~Dole~SR 178\SR178 CC Res.wpd 0 0 0 0 EXHIBIT "3" NOTICE OF DETERMINATION (Filing In compliance with Section 2tt08 or 2t t52 of the Public Resources Code.) TO: [] office of Planning & Research 1400 Tenth Street, Room 121 Sacramento, CA FROM: City of Bakersfield Development Services Dept. Planning 1715 Chester Avenue Bakersfield, CA 93301 [] County Clerk, County of Kern 1415 Truxtun Avenue Bakersfield, CA 93301 Project Title (No.): State Route-178/Fairfax Road Interchange Project Clearinghouse No.: N/A (if submiffed ~otheCleeringhouse) General Location: City of Bakersfield, County of Kern Specific Location: Fairfax Road, between Auburn Street to just south of State Route-178, and along State Route 178 from just east of Oswell Street to just east of Fairfax Road Project Description: The purpose of the proposed project is to construct a modified diamond design interchange at the existing at grade intersection of Fairfax Road and State Route-178 to improve traffic flow, traffic safety, and mitigate traffic noise. The proposal involves widening State Route-178, adding three on-ramps, two off-ramps and a sound attenuation wall along the north side of State Route-178. The sound wall will range in height between six feet in height at Auburn Court to 14 feet at Eastridge Court. Fairfax Road will cross over State Route-178 with sidewalks on both sides to accommodate pedestrians Approving Agency: City of Bakersfield Project Applicant: (address) City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Determination: This is to advise that the City of Bakersfield, as the lead agency, has approved the above described project on April 10, 2002, and has made the following determinations regarding said project: 1. The project [[3 will Xwill not] have a significant effect on the environment. 2. [3 An environmental impact report was prepared for this project according to the provisions of CEQA. ~:A negative declaration was prepared for this project according to the provisions of CEQA. 3. Mitigation measures [ :~ were Dwere not] made of condition of project approval. 4. A statement of overriding considerations [[3 was Xwas not] adopted for this project (EIR only). 5. Findings [:~were [3 were not] made according to the provisions of CEQA. Record of Project Approval: This is to certify that the [[3 final EIR ~negative declaration] with comments, responses, and record of project approval is available to the general public at the City of Bakersfield Development Services Department - Planning Division (1715 Chester Avenue; Bakersfield, California 93301). Lead Agency Contact Person: Richard Dole Telephone: (661) 326-3733 Signature: Date: Mar 14, 2002 Title: Associate Planner Date received for filing at OPR: N/A .~ ~'~"~.~'