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
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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 .~ ~'~"~.~'