HomeMy WebLinkAboutRES NO 021-03RESOLUTION NO. 0 ~ 1 ' 0 ~
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/ZC 02-0030 AND
CERTIFYING THAT THE FINAL EIR HAS BEEN COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA), CEQA GUIDELINES, AND THE CITY OF
BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES.
WHEREAS, Castle and Cooke California, Inc., made application for a concurrent general
plan amendment and zone change for property located adjacent on the west side of Gosford Road,
between Pacheco Road and Harris Road, as shown in attached Exhibits "1" and "2", to allow
development of approximately 700,000 square feet of commercial retail land use (Exhibit 3), more
specifically stated as follows:
General Plan Amendment No. 02-0030'
A request to amend the Land Use Element of the Metropolitan Bakersfield 2010
General Plan from SI (Service Industrial) to GC (General Commercial) on 78 acres.
Concurrent Zone Chanqe No. 02-0030:
A concurrent zone change request consisting of a change in zone from M-2 (General
Manufacturing) to P.C.D. (Planned Commercial Development) on 73.53 acres. The
P.C.D. proposal involves the development of approximately 700,000 square feet of
various retail commercial and service uses, anchored by several major "big-box"
retail tenants. The major anchor buildings would comprise a total of approximately
634,000 square feet. Several smaller pads for retail businesses would comprise a
total of approximately 53,000 square feet. Additionally, several small pads for fast-
food businesses are proposed, comprising a total of approximately 12,500 square
feet.
WHEREAS, the City of Bakersfield determined that an Environmental Impact Report
(EIR) would be required for the project; and
WHEREAS, the City of Bakersfield retained the professional consulting services of Jones &
Stokes to prepare the Notice of Preparation (NOP), Environmental Impact Report and related
documents; and
WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on May 31,2002
for a 30 day review period in accordance with CEQA; and
WHEREAS, the Planning Commission held a public scoping hearing on June 20, 2002 to
receive input from the public and agencies on the NOP and scope of the Draft EIR; and
WHEREAS, a Draft El R 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
3, 2002 in accordance with CEQA for a 45 day review period to end on October 17, 2002; and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the Draft
EIR was submitted to the State Clearinghouse (SCH # 2002071051 ) on September 3, 2002 to start
the 45 day review period to end on October 17, 2002, in accordance with CEQA; and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of the 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 2, 2002, the Final El R 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.
158-02 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 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, 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.
A list of persons, organizations and public agencies commenting on the Draft EIR.
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4. The responses of the City of Bakersfield to significant environmental points raised in
the review and consultation process; and
WHEREAS, the Final EIR for GPA/ZC 02-0030 was prepared in accordance with CEQA
Guidelines Section 15132; and
WHEREAS, in accordance with CEQA Guidelines Section 15151, the Council of the City of
Bakersfield 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 Council of the City of
Bakersfield shall certify that:
(a) The final EIR has been completed in compliance with CEQA; and
(b)
The final EIR was presented to the Council of the City of Bakersfield and that the
City Council 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 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 alt reports and papers
relevant thereto, have been transmitted by the Secretary of the Planning Commission
to the City Council.
3. That all required notices have been given.
That the provisions of the California Environmental Quality Act (CEQA) have been
followed.
The City Council hereby certifies that the Final Environmental Impact Report for
GPA/ZC 02-0030 has been completed in compliance with CEQA.
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The City Council hereby certifies that it has received, reviewed, evaluated and
considered the information contained in the Final Environmental Impact Report for
GPA/ZC 02-0030.
The City Council hereby certifies that the Final Environmental Impact Report for
GPA/ZC 02-0030 reflects the City Council's independent judgment and analysis.
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.
......... 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 February 12, 2003, by the
following vote:
AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER ~
ABSTAIN: COUNCILMEMBER ~
ABSENT: COUNCILMEMBER ~
A. &.
PAMELA A. McCARTHY,-C~C-~'
CITY CLERK and Ex Officio Clei, k of the
Council of the City of Bakersfield
APPROVED FEB 12 2003
ffARVEY I' HALL
Mayor of the City of Bake/~field
APPROVED as to f~rm
BART J. THILTGEN
City Attorney ~
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EXHIBIT 1
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