HomeMy WebLinkAboutRES NO 223-02RESOLUTION NO. 2 2 3 ' 0 2
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD CERTIFYING IT HAS RECEIVED, REVIEWED,
EVALUATED AND CONSIDERED THE INFORMATION
CONTAINED IN THE FINAL EIR FOR GPA P01-0973 AND
CERTIFYING THAT THE FINAL EIR HAS BEEN COMPLETED
IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES, AND THE CITY OF
BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES.
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, OCTOBER
28, 2002, on the proposed Update to the Metropolitan Bakersfield General Plan (GPA P01-0973),
notice of the time and place of hearing having been given at least ten (10) days before said hearing by
publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, the Update to the Metropolitan Bakersfield General Plan (GPA P01-0973) is as
follows:
The "Metropolitan Bakersfield General Plan Update" proposes to amend the text and
land use, circulation, and bikeways maps of the current Metropolitan Bakersfield 2010
General Plan. Proposed revisions address current and future development issues as
well as acknowledge programs that conserve resources and address quality of life
issues including the incorporation of concepts from the Greater Bakersfield Vision 2020
program. It is the intent of this update program to reflect the community development
issues and policy changes that have occurred since adoption of the plan in 1990; and
WHEREAS, for the above-described proposal, the City of Bakersfield, in association with the
County of Kern determined that an Environmental Impact Repod (EIR) would be required for the
proposed update to the Metropolitan Bakersfield General Plan, and, therefore, a Notice of Preparation
(NOP) was prepared for the project in accordance with the California Environmental Quality Act
(CEQA) to study the following environmental resources: aesthetics, agriculture, air quality, biological,
cultural, geology/soils, hazards and hazardous materials, hydrology/water quality, land use/planning,
mineral resources, noise, public services, recreation, transportation, and utilities/service systems; and
WHEREAS, the Notice of Preparation (NOP) for GPA P01-0973 was sent to all agencies
having any involvement in this project per Section 15082 of the CEQA Guidelines; and
WHEREAS, the Draft Environmental Impact Report was subjected to a forty-five (45) day
review period in accordance with Section 15087 of the CEQA Guidelines which began on July 17,
2002, and ended on August 30, 2002; and
WHEREAS, the public hearing on the Draft Environmental Impact Report was held on Monday,
August 12, 2002, during the public review period as required by the City of Bakersfleld's California
Environmental Quality Act (CEQA) Implementation Procedures; and
WHEREAS, the public hearing and availability of the Draft Environmental Impact Report was
noticed in the Bakersfield Californian; and
WHEREAS, the notice of the public hearing was given to all commenting agencies as required
by the City of Bakersfield's CEQA Implementation Procedures, State CEQA Guidelines and State Law:
and
WHEREAS, the environmental record prepared in conjunction with the project includes the
following:
The Notice of Preparation, the Draft Environmental Impact Report, and the Final
Environmental Impact Report; and
All staff reports, memoranda, maps, letters, minutes of meetings, and other documents
prepared by the consultant relating to the project; and
All testimony, documents, and evidence presented by the City of Bakersfield and
consultant working with the City relating to the project; and
The proceedings before the Planning Commission relating to the project and Draft
Environmental Impact Report and Final Environmental Impact Report including
testimony and documenting evidence introduced at the public hearings; and
Matters of common knowledge to the Planning Commission which it considered
including but not limited to the following:
a) The City of Bakersfield Metropolitan Bakersfield 2010 General Plan; and
b) The City of Bakersfield Zoning Ordinance; and
c) The City of Bakersfield Municipal Code; and
d) Other formally adopted policies and ordinances of the City of Bakersfield; and
WHEREAS, the law and regulations relating to the preparation and adoption of an
Environmental Impact Report as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff and the Planning Commission; and
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows:
The City Council hereby certifies that the Final Environmental Impact Report for GPA
P01-0973 has been completed in compliance with CEQA.
The City Council hereby certifies that it has received, reviewed, evaluated and
considered the information contained in the Final Environmental Impact Report for GPA
P01-0973.
The City Council hereby certifies that the Final Environmental Impact Repod for GPA
P01-0973 reflects the City Council's independent judgement and analysis.
The report of the Planning Commission, including maps and all reports and papers
relevant thereto, have been transmitted by the secretary of the Planning Commission to
the City Council.
5. That all required notices have been given.
That the provisions of the California Environmental Quality Act (CEQA) have been
followed.
2
The planning division of the Development Services Department is hereby directed to file
a Notice of Determination with the 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.
......... 000 .........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of
the City of Bakersfield at a regular meeting thereof held on December 11, 2002, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER ~
PAMELA A. McCARTHY, CM~/
CITY CLERK and Ex Officio Ctet'k of the
Council of the City of Bakersfield
APPROVED DEC 11 20~2
V~[CE MAYOR DAVID COUCH
APPROVED as to form
BART J. THILT,G~N
City Attorney ~/
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