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 /
- ? /-,~