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Home My WebLink AboutRES NO 020-03RESOLUTION NO. 0 20" 0 3 RESOLUTION MAKING CEQA FINDINGS AND CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT AND CONCURRENT ZONE CHANGE NO. 02-0193. WHEREAS, Panama/99 LLC, made application for a concurrent general plan amendment and zone change for property located on the east side of State Route 99, north of Panama Lane, as shown in attached Exhibit "1," to allow development of an approximate 380,000 square foot commercial shopping center, shown on Exhibit "2," more specifically stated as follows: General Plan Amendment No. 02-0193: A request to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from LR (Iow Density Residential) on 33.95 acres and OS-P (Open Space-Park) on 3 acres to GC (General Commercial). Concurrent Zone Change No. 02-0193: A concurrent zone change request consisting of a change in zone from a MH (Mobile Home) zone and a C-2 (Regional Commercial) zone to a PCD (Planned Commercial Development) zone on 37.52 acres to allow development of an approximately 380,000 square foot commercial shopping center. WHEREAS, the City of Bakersfield retained the professional consulting services of RBF Consulting to prepare the Initial Study, Environmental Impact Report and related documents; and WHEREAS, for the above-described segment, an Initial Study was conducted and it was determined that the proposed project may have a significant effect on the environment and an Environmental Impact Report (EIR) would be prepared; and WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on July 11,2002 for a 30 day review period in accordance with CEQA; and WHEREAS, the Planning Commission held a public scoping hearing on August 1,2002to receive input from the public and agencies on the Initial Study and scope of the Draft EIR; and WHEREAS, a Draft EIR was prepared and circulated to interested parties and agencies and a notice of availability was sent to property owners within 300 feet of the project site on September 13, 2002 in accordance with CEQA for a 45 day review period to end on October 28, 2002; and WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the Draft EIR was submitted to the State Clearinghouse (SCH Cf 2002071051 ) on September 13, 2002 to start the 45 day review period to end on October 28, 2002 in accordance with CEQA; and WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of City of Bakersfield CEQA Implementation Procedures, held a public hearing on Monday, September 30, 2002 and Thursday, October 3, 2002 on the adequacy of the Draft Environmental Impact Report; and WHEREAS, on December 6, 2002, the Final EIR was completed and notice of its availability was made to interested parties and agencies; and WHEREAS, on DECEMBER 19, 2002, the Planning Commission adopted Resolution No. 157-02 recommending certification of the Final EIR to the City Council; and WHEREAS, the environmental record prepared in conjunction with the project includes the following: 1. The Draft and Final Environmental Impact Report; All staff reports, memoranda, maps, letters, minutes of meetings and other documents prepared by the consultants relating to the project; All testimony, documents and evidence presented to the city by consultants working with the city relating to the project. The proceedings before the Planning Commission relating to the project and EIR, including and documenting evidence introduced at the public hearings; and WHEREAS, the Draft EIR was subject to a forty-five day review period in accordance with Section 15087 of the CEQA Guidelines; and WHEREAS, the public hearing on the Draft EIR was held during the latter half of the public review period as is required by the City of Bakersfield CEQA Implementation Procedures; and WHEREAS, the law and regulations relating to the preparation and adoption of Environmental Impact Reports as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff, the Planning Commission, and City Council; and WHEREAS, the in accordance with CEQA Guidelines Section 15132, the Final EIR consists of the following: 1. The Draft EIR; Comments and recommendations received on the Draft EIR either verbatim or in summary. 3. A list of persons, organizations and public agencies commenting on the Draft EIR. The responses of the Lead Agency to significant environmental points raised in the review and consultation process; and WHEREAS, the Final EIR for GPA/ZC 02-0193 was prepared in accordance with CEQA Guidelines Section 15132; and WHEREAS, in accordance with The CEQA Guidelines Section 15151 the Planning Commission considered the following direction regarding "standards for adequacy of an EIR:" CEQA Guideline Section 15151: and; An EIR should be prepared with a sufficient degree of analysis to provide decision-makers with information, which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure. WHEREAS, in accordance with CEQA Guidelines Section 15090 the lead agency (City of Bakersfield) shall certify that: (a) (b) The final EIR has been completed in compliance with CEQA; and The final EIR was presented to the decision-making body of the Lead Agency and that the decision-making body reviewed and considered the information contained in the final EIR prior to approving the project. WHEREAS, in accordance with CEQA Guideline Sections 15151 and 15090, the Final EIR has was considered for adequacy, completeness and good faith effort at full disclosure and has been completed in compliance with CEQA; and NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED by the City Council as follows: The above recitals, incorporated herein, are true and correct and constitute the Findings of the City Council in this matter. 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. 3. The Final EIR has been completed in compliance with CEQA. The Final EIR was presented to the decision-making body of the Lead Agency and the decision-making body reviewed and considered the information contained in the Final EIR prior to approving the project. File the Notice of Determination. Upon approval of the project, the Planning Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provision of Section 21152 of the Public Resources Codes and the State CEQA Guideline adopted pursuant thereto. 3 ......... 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 FFR 1_ ~ ?ncr by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGiO NOES: COUNCILMEMBER ~ ABSTAIN: COUNCILMEMBER ~ ABSENT: COUNCILMEMBER ~ PAMELA A. McCARTHy, ~Mc CITY CLERK and Ex Official Clerk of the Council of the City of Bakersfield APPROVED FEB 12 Z00..1 HARVI=¥ L. HALL Mayor of the City of Bakersfield APPROVED as to $orm BART J. THILTG~N City Attorney Exhibits: 1 - Location Maps (GPA & ZC) 2 - Site Plan jeng //S:tZoneChangelPanama991cc[FEIR-CC res.doc January 24, 2003 4 W Z W 99 HINOS UL OVOU 3'lSIAA ILl .Ld--I~/$ H HII'IOS