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HomeMy WebLinkAboutRES NO 162-04RESOLUTION NO. 1 6 ~ - 0 z~ RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR THE ROSEDALE HIGHWAY (STATE ROUTE 58) WIDENING PROJECT, BETWEEN GIBSON STREET AND HIGHWAY 99, IN THE CITY OF BAKERSFIELD WHEREAS, in cooperation with the California Department of Transportation, the City of Bakersfield has taken the lead to widen Rosedale Highway (State Route 58) from four (4) to six (6) lanes between Gibson Street and Highway 99; and WHERERAS, the purpose of the project is to improve traffic flow and traffic safety; and WHEREAS, the project involves widening Rosdale Highway (State Route 58) from four (4) to six (6) lanes, reconstructing the medians, and modifying the signals at the intersections of Rosedale Highway and Gibson Street, Rosedale Plaza, and Camino Del Rio Court; and WHEREAS, an Initial Study was conducted for the project and it was determined that the proposed project would not have a significant effect on the environment, and, therefore, a Negative Declaration was prepared and posted on March 5, 2004, in accordance with CEQA; 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, the City of Bakersfield did send to every property owner within 500 feet of the project site and publish in the Bakersfield Californian, a local newspaper of general circulation, a notice specifying the City of Bakersfield's intent to adopt the Negative Declaration for the project, the availability of the Negative Declaration, and the 30-day public review period from March 8, 2004, to April 6, 2004, for which comments would be received; 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. 3. The proposed project would not have a significant effect on the environment. The proposed project is consistent with the Metropolitan Bakersfield 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 minirr~,~"~,, exemption in accordance with Section 711 of the State of California Fis,~a~"d~e'~,~ ORIGINAl, 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 City Council hereby approves and adopts the Negative Declaration for the proposed Rosedale Highway (State Route 58) Widening Project between Gibson Street and Highway 99. 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 Fish and Game Code. ......... o0o ........ 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 April 14, 2004, by the following vote: ~ COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MACGARD, SALVAGGIO, SULLIVAN NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED APR 1 4 2004 HARVEY L,~. HAI'L ' ' / Mayor of the City of Bakersfield PAMELA A. McCARTHY, CMI~ CITY CLERK and Ex Officio Cl~rk of the Council of the City of Bakersfield APPROVED as to,form: VIRGINIA GENN/ARO City Attorney / - ? /-,~