HomeMy WebLinkAboutRES NO 181-93RESOLUTION
RESOLUTION CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE
NORTHEAST SEWER TRUNKLINE AND ADOPTING
SECTION 15091 AND SECTION 15093 ENVIRONMENTAL
FINDINGS.
WHEREAS, the project site is located in Kern County, in the area of the
County known as the northeast Metropolitan Bakersfield area mostly within the City of
Bakersfield; and
WHEREAS, an Environmental Impact Report was prepared for the
project; and
WHEREAS, the Northeast Sewer Trunkline Phase I project is included
within the Metropolitan Bakersfield 2010 General Plan area; and
WHEREAS, the City of Bakersfield has proposed the project in accordance
with the adopted implementation program for the 2010 General Plan; and
WHEREAS, the Northeast Sewer Trunkline project is intended to support
the Metropolitan Bakersfield 2010 General Plan Land Use Element; and
WHEREAS, this project is a joint City of Bakersfield/Porter-Robertson
Engineering plan to bring urban infrastructure to the northeast Bakersfield metropolitan
area; and
WHEREAS, this project is an implementation measure of the Public
Facilities Element; and
WHEREAS, this project will protect groundwater quality by eliminating the
use of septic tanks; and
WHEREAS, the City of Bakersfield proposed an Initial Study, incorporated
by this reference, determined that the project had the potential to adversely affect the
environment, and determined than an Environmental Impact Report (EIR), would be
required pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, a Notice of Preparation of an EIR was mailed to all
responsible and affected agencies and interested persons in May 7, 1993, pursuant to
Public Resources Code Section 21080.4. ,~
ORIG~J~L
WHEREAS, a Draft EIR for the project was prepared in accordance with
CEQA, the State CEQA Guidelines, and the CEQA Implementation Procedures of the
City of Bakersfield; and
WHEREAS, a Notice of Completion of a Draft EIR was forwarded to the
State Clearinghouse on September 1, 1993, pursuant to Public Resources Code Section
21161; and
WHEREAS, the City distributed copies of the Draft EIR to the public
agencies which have jurisdiction by law with respect to the project and to other
interested persons and agencies and sought the comments of such persons and agencies;
and
WHEREAS, the City also distributed a Notice of Availability for Public
Review of a Draft EIR to interested individuals and groups to provide additional public
notice of the Draft EIR; and
WHEREAS, notice inviting comments on the Draft EIR was given in
compliance with the State Guidelines Section 15085; and
WHEREAS, a public hearing on the Draft EIR was held by the City of
Bakersfield Planning Commission on October 7, 1993, to solicit comments on the report;
and
WHEREAS, the Environmental Impact Report was prepared and
considered for certification by the Planning Commission; and
WHEREAS, the Planning Commission amended the environmental
document in response to concerns raised at the October 7, 1993, public hearing; and
WHEREAS, by Resolution No. 60-93 on October 7, 1993, the Planning
Commission recommended certification of the Final Environmental Impact Report; and
WHEREAS, written and oral comments on the Draft EIR have been
received and responses to those comments have been prepared; and
WHEREAS, mitigation measures 21, 22, and 23 were removed from the
Final EIR by the City Council on the grounds mitigation measures No. 1 and No. 2 are
dust suppression related, are typically used in construction activities which disturb soil
and have been determined to be very effective; and
WHEREAS, the environmental record prepared in conjunction with the
project includes the following:
ORIGIN,~[
a) The Draft and Final EIR'
b)
All staff reports, memoranda. maps, letters, minutes of meetings,
and other documents prepared by City staff relating to the project;
c)
All testimony, documents, and other evidence presented by the City
and consultants working with the City relating to the project;
d)
The proceedings before the Planning Commission relating to the
project and EIR, including testimony and documenting evidence
introduced at the public hearing; and
e)
Matters of common knowledge to the City Council which it
considers including, but not limited to, the following:
1)
The City of Bakersfield Metropolitan Bakersfield 2010
General Plan;
2) City of Bakersfield Zoning Ordinance;
3) City of Bakersfield Municipal Code; and
4) Other formally adopted policies and ordinances of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD does hereby resolve as follows:
The above recitals are true and correct.
2. All required notices have been given.
3. The Final EIR for the sewer trunkline is adequate and has been
completed in compliance with CEQA, the State CEQA Guidelines, and the CEQA
Implementation Procedures for the City of Bakersfield and that the City Council has
reviewed and considered the information contained in the Final EIR.
4. Potentially Significant Impacts That Have Been Mitigated to a Level
of Insignificance: The following impacts are those identified by the EIR as significant.
As to each impact, the City Council hereby finds that changes or alternatives
incorporated into the project avoid impacts or mitigate impacts to less-than-significant
level, as set forth in Exhibit "A".
A. Impacts to public facilities.
3
ORIG{NAL
C.
D.
E.
Impacts to soils.
Impacts related to flood hazards and riparian areas.
Impacts to State and Federally listed species.
Impacts to State designated oil field.
5. Impacts which have not been mitigated to a level of insignificance:
The following impacts have been identified by this EIR as significant. As to each
impact, the Council has made Findings of Overriding Consideration, set forth in Exhibit
"A", which set forth the basis for approving a project which will have significant
environmental effects.
A. Exposure of people to geologic hazards.
B. Reduction of Open Space.
C. Growth Inducing (for an area primarily undeveloped).
6. Metropolitan Bakersfield Northeast Sewer Trunkline Final
Environmental Impact Report is hereby certified.
ORIGINAL
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
NOV 1 0 L~3 , by the following vote:
AYES: COUNCILMEMEEi4'3 ....... . ,~ .~TT. EDWARDS. DeMONO, ~ll~,l, BRUNNI, ROWLES, SALVAGGIO
NOES: COUNCILMEMBERS
ABSTAIN: CO~UNG,LMEMSERS
A~.CSENT: COUNCILMEMBER8
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED tlO¥ 1. 0 l~J~
BOB PRIC~~}~/'
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
BY:
MG:pjt
November 19, 1993
res\rstl.cc
ORIGINAL
EXHIBIT "A"
ENVIRONMENTAL FINDINGS
Section 15091 - State CEQA Guidelines
Significant Effect: Impacts to public facilities. the adopted Orangewood and
Breckenridge Hills Planned Drainage Area including the drainage retention
system in Section 29 T.29S, R.29E. and the necessary expansion of Sewer
Treatment Plant No. 2.
Proposed Finding: Changes or alternatives have been required or incorporated
into the project which avoid or lessen the significant environmental effect to less
than significance as identified in the Final EIR.
Supportive Evidence: Preliminary project design proposed the trunkline through
four parcels of record, owned by Kern County planned for a future major
drainage detention basin. The trunkline location was deemed incompatible with
the planned drainage basin and the trunkline alignment was modified to
circumvent the drainage facilities entirely.
This sewer trunkline will connect with Sewer Treatment Plant No. 2. The
connection to sewer treatment plant will necessitate future expansion to
accommodate new development in the northeast. Sanitation districts are
empowered by the California Health and Safety Code to charge a fee for the
privilege of connection. Payment of the connection fee will finance the needed
expansion of the existing plant.
Authoritive References:
Northeast Bakersfield Sewer Trunkline Phase I Final Environmental Impact
Report: Metropolitan Bakersfield 2010 General Plan; Final Environmental Impact
Report: City of Bakersfield Zoning Ordinance: and City of Bakersfield Land
Division Ordinance.
Significant Effect: Construction of the sewer trunkline will disrupt 88 acres for
access roadway, trench and spoil areas over an area of steep slopes and some
flood ways.
Proposed Finding: Changes or alternatives have been required or incorporated
into the project which avoid or to insignificantly lessen the significant
environmental effect as identified in the Final EIR.
Supportive Evidence: The project alignment goes through an area with 13
different soil ~types. Some soil types are subject to erosion problems. i.e. blowing
dust. soil erosion. steep slopes and severe flooding potenual. Mitlganon tor me
project has included watering soils during construction. coverage of soils during
transport. the use of imported soils for backfill. revegetation for all slopes in
excess of 10c3 or secured through alternative soils measures recommended by a
soils engineer. The alignment was also modified to lessen construction activities
in stream beds. C)~ °°'~'eO,~,
ORIGINAL
Authoritive References:
Northeast Bakersfield Sewer Trunkline Phase I Final Environmental Impact
Report: Metropolitan Bakersfield 2010 General Plan: Final Environmental Impact
Report: City. of Bakersfield Zoning Ordinance: and City of Bakersfield Land
Division Ordinance.
Significant Effect: Construction of sewer trunkline is in areas subject to flooding
and is proposed to cross a riparian wetland habitat.
Proposed Finding: Changes or alterations have been required or incorporated
into the project which avoid or lessen the significant environmental effect to less
than significant as identified in the Final EIR.
Supportive Evidence: Construction will require considerable earth movement
within a major drainage swale within the Breekenridge Hills Specific Plan Area.
The project has been designed to reduce soils erosion in the flood hazard areas
including:
1)
Use of check structures to act as dams with several proposed streambed
crossings, to minimize scouring and other erosion effects during flooding.
2)
Minimizing the amount of construction activities within the streambed
area, including restricting stream crossings and aligning the pipelines for
placement above the flood prone swales.
The original alignment was proposed to cross a riparian area just east of the Rio
Bravo Airport. Modification of the alignment has Circumvented this area.
Authoritive References:
Northeast Bakersfield Sewer Trunkline Phase I Final Environmental Impact
Report; Metropolitan Bakersfield 2010 General Plan: Final Environmental Impact
Report: City of Bakersfield Zoning Ordinance: and City of Bakersfield Land
Division Ordinance.
Significant Effect: Ultimate buildout of the proposed general plan will expose
additional persons to groundshaking hazards which exist region-wide.
Proposed Finding: Changes or alterations have been required or incorporated
into the project xvhich avoid or lessen the significant environmental effect to less
than significant as identified in the Final £1R.
Supportive Evidence: Development of the sewer trunkline will encourage growth
in the northeast Bakersfield Metropolitan Area. Seismic events will impact
greater number of persons. but this impact is not limited to the area but exists
regionly. This problem has long been recognized and is addressed via the
building standards contained in the Uniform Building Code. All construction
within the metropolitan area must meet the requirements of the seismic zone
number 4 - the most stringent such standards in the United States. In addition,
should construction be proposed within an Alquist-Priolio Seismic Study Zone
other more intensive building requirements must be met. This impact was
identified in the Metropolitan Bakersfield 2010 General Plan FEIR and is
addressed in the Safety Element. Several of the adopted policies of this element
and objective subsections address specific geologic hazards. The policies require
adoption of stricter Seismic performance standards for buildings, require site
specific geotechnical studies within Alquist-Priolo Special Studies Zones, require
special groundwater studies where liquefaction is a threat, and require critical
facilities within dam failure inundation area to mitigate threats to their "functional
capabilities." Other gubsections address building whose susceptibility to geologic
hazards is most critical: critical facilities and hazardous buildings. The plan also
contains 39 implementing programs which describe specification to be taken in
order to fulfill the plan's goals and objectives. More detail concerning these
implementation programs and their ability to meet the plan's stated objectives is
provided in the adopted Safety Element.
Authoritative References:
Northeast Bakersfield Sewer Trunkline Phase I Final Environmental Impact
Report: Metropolitan Bakersfield 2010 General Plan: Final Environmental Impact
Report: City of Bakersfield Zoning Ordinance: and City of Bakersfield Land
Division Ordinance.
Significant Effect: Impacts to sensitive riparian area and to several State and
Federally listed threatened and endangered species.
Proposed Finding: Changes or alterations have been required or incorporated
into the project which avoid or lessen the significant environmental effect to less
than significant as identified in the Final EIR.
Supportive Evidence: Construction of the sewer will disturb 88 acres of land
inhabited by the blunt-nosed leopard lizard. State Fish and Game has required
ten (10) measures to mitigate the impacts to this species. Three other measures
have been added to mitigate potential impacts to burrowing owls. a nesting area
for tricolor blackbirds and an alteration of the alignment to avoid a riparian area
east of the Rio Bravo Airport. Finally. the City of Bakersfield must obtain a
Section 2081 permit and a Section 10(a) permit from State Fish and Game and
Federal Fish and Wildlife. respectively. as part of an individual habitat
conservanon plan solely for tills project.
ORIG~N^L
Authoritative References:
Northeast Bakersfield Sewer Trunkline Phase I Final Environmental Impact
Report: Metropolitan Bakersfield 2010 General Plan: Final Environmental Impact
Report: City of Bakersfield Zoning Ordinance: and City of Bakersfield Land
Division Ordinance.
Significant Effect: The sewer line will impact a state designated oil field.
Proposed Finding: Changes or alternatives have been required or incorporated
into the project which avoid or lessen the significant environmental effect to less
than significant as identified in the Final EIR.
Supportive Evidence: After consultation with the State Division of Oil and Gas
and Geothermal Resources, it has been decided that three mitigation measures
(#18. #19, #20) completely reduce the impacts this trunkline would have on the
existing operations within the oilfield.
Authoritative References:
Northeast Bakersfield Sewer Trunkline Phase I Final Environmental Impact
Report; Metropolitan Bakersfield 2010 General Plan; Final Environmental Impact
Report; City of Bakersfield Zoning Ordinance; and City of Bakersfield Land
Division Ordinance.
Significant Effect: Urbanization of this area will remove open space to a
· significant degree. Mitigation provided by the 2010 Plan EIR may reduce this
impact. however. the plan identified the net impact to aesthetics as significant and
unavoidable.
Proposed Finding:
Changes or alterations have been required or incorporated into the project which
avoid or lessen the significant environmental effect as identified in the Final EIR.
Specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR.
Supportive Evidence:
Development of this area with urban uses will result in reduced visual value. The
public will be subiect to reduced visual values because the hills will be developed.
Several measures of reducing visual impacts are incorporated in the 2010 General
Plan including. dedication of park acreage per 1,000 population proposed.
landscaping requirements for all new development. no construction in areas with
slopes greater than 30~. no development within primaD, floodplains, etc. Despite
these measures the aesthetic impact of development is regarded as significant per
the Metropolitan Bakersfield 2010 General Plan EIR.
Authoritative References:
Northeast Bakersfield Sewer Trunkline Phase I Final Environmental Impact
Report: Metropolitan Bakersfield 2010 General Plan: Final Environmental Impact
Report: City of Bakersfield Zoning Ordinance: and City of Bakersfield Land
Division Ordinance.
Significant Effect: The project is growth inducing which is typically regarded as a
"potentially" significant environmental effect for CEQA purposes. Appendix G of
CEQA list projects which normally have a significant effect on the environmental
if it will."...extend a sewer trunk line with capacity to serve new development."
Clearly, this project falls within that category.
Proposed Finding: Specific economic. social. or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final
EIR.
Supportive Evidence: Development of the sewer trunkline will enable the
development of 9,773 dwelling units (capacity). Alternative Nos. 3, 5 and the no
project alternative discuss a reduction in sewer capacity and therefore a reduction
in growth inducing impacts. The fiscal, short-term and long-term impacts of this
alternative would be significant. Elimination of sewer service to an area planned
for growth would prohibit the development of multiple family residences which
'cannot typically utilize septic tanks, which is inconsistent with the Housing
Element. Not providing sewers to an area proposed for urban uses is inconsistent
with the Land Use Element which requires urban growth to be supported by the
necessary infrastructure including a centralized sewer system. Development
served by septic tank systems will contribute to groundwater degradation which is
why the Regional Water Quality Control Board has limited the use of the existing
community sewer system utilized by the Rio Bravo area residential developments.
This program is an implementation measure of the adopted Metropolitan
Bakersfield 2010 General Plan which stresses the need for the full range. The
whole point of this project is to support growth.
Authoritative References:
Northeast Bakersfield Sewer Trunkline Phase I Final Environmental Impact
Report: Metropolitan Bakersfield 2010 General Plan: Final Environmental Impact
Report: ~.ity o~ 13al~ersneta z. omng uramance: an~ ~ty o~ BailersneJd Laut~
Division Ordinance.
sa\bu
MG:pjt
October 28. 1993
ORIGINAL
STATEMENT OF OVERRIDING CONSIDERATIONS
SECTION 15093 - STATE CEQA GUIDELINES
A. General Finding of C)verridint, Considerations
The City of Bakersfield has carefully balanced the benefits of the Northeast Sewer Trunkline -
Phase I against any adverse impacts identified in the EIR. The City of Bakersfield acknowledges
the existence of certain impacts. identified and analyzed in the EIR as being significant or
potentially significant. which have not been eliminated. lessened or mitigated to a level of
insignificance. The City of Bakersfield further acknowledges that the EIR identifies certain
unavoidable and irreversible environmental impacts which cannot be avoided if the project is
implemented. Not withstanding such unmitigated. partially mitigated, unavoidable and/or
irreversible impacts. the City of Bakersfield acting pursuant to Section 15093 of the CEQA
Guidelines. hcreby determines and finds that the benefits of the project outweigh the adverse
impacts. and theretbre the project should be approved.
Without limiting the generality of the unmitigated impacts referenced above, the City of
Bakersfield specifically acknowledges that specific impacts in the following areas are either
significant and unavoidable or not mitigated to a level of insignificance. Such areas include,
without limitation: growth inducement (the fact that the growth rate for the northeast
Bakersfield area, as mitigated by general plan, should increase significantly), aesthetic (the
conversion of open space to urban development and the loss of the hillside view shed to
urbanization) and geologic hazards (the increase of population in an area subject to severe
ground shaking episodes. not limited to the project area but this risk exists area-wide). The City
of Bakersfield has carefully reviewed all of the environmental documentation and considered
each of these unavoidable impacts. as well' as each of the impacts that have not been mitigated to
the point of insignificance. in reaching its decision to approve the trunkline alignment and as
lead agency to certify the Final EIR as complete pursuant to Section 15090 of the CEQA
Guidclincs.
B. Specific Findings
Benefits'Outweigh Impacts - The unmitigated. partially mitigated. unavoidable and/or
irreversible adverse environmental impacts of the project are acceptable in light of the
economic. fiscal. social. environmental. land use and other considerations set ti)rth herein
because the benefits of the project outweigh sui:h adverse environmental impacts of the
project.
Rejected Alternatives - The alternatives which arc discussed in the EIR but rejected are
infeasible in part because such alternatives would impose limitations and restrictions on
the project so as to prohibit the attainment of specific land use. public facility and other
benefits of the project which the city finds outweigh the unmitigated impacts of the
Balance of Com!oetin~, Goals - The City of Bakersfield finds it is imperative to balance
competing goals in approving the project and the environmental documentation for the
project. Not cvery environmental concern has been fully satisfied because of the need to
satisfy competing concerns to a certain extent. Accordingly. in some instances the city
chooscs to accept certain environmental impacts because to eliminate them would undulv
Statement of Overriding Consideratkms Page 2
compromise the Land Use. Public Services and Facilities Elements goals as specified in
the Metropolitan Bakersfield 2010 General Plan. The City of Bakersfield finds and
determines that the project. as appropriately mitigated. and the supporting environmental
documentation provide tbr a positive balance of the competing goals and that the land
use. public services. and other benefits to be obtained by approving the project outweigh
any environmental and related potential impacts of the project.
Background and Objectives
Approximately 17 years ago the City of Bakersfield undertook a large annexation in
northeast Bakersfield adjacent to the City of Bakersfield to provide for the logical.
incremental growth pattern for the provision of a full range of housing types. In addition.
the desire to provide upscale housing was expressed which included a tennis club. a
private airport. a golf course, lakes and high quality housing.
The auoptcd General Plan Goals~Policy have cxprcssly stated the riced to minimize the
loss of prime agricultural lands to urbanization. Northeast Bakersfield is not designated
as prime agricultural soils and will provide an area tbr urbanization which. with this
project. will have the necessary sewer Service to support such development.
It is expressly an implementation measure of the adopted Public Service and Facilities
Element that urban development should be served by a centralized sewer collection
system.
Overriding Environmental, Public Facilities and Land Use Considerations
Pursuant to the Final EIR. the conditions of project approval and the findings made by
the city. most of the significant impacts of the project have been mitigated to a level of
insignificance. However. some of the impacts cannot be mitigated and a number of the
alternatives suggested have proved infcasible. This Statement of Overriding
Considerations sets tbrth the city's determination that notwithstanding the potential
remaining unmitigated environmental impacts of the project. the environmental, land use
and public facility benefits of the project outweigh any remaining environmental
detriments of the project.
The City of Bakersfield finds that the construction of the sewer trunkline is a critical step
in providing the necessary public infrastructure to a large area designated tbr urban
development.
This project is a goal of the Public Services and Facilities Element to provide an
adequate sewer service to serve the needs of planned development in the 2010 General
Plan area. This project will achieve that goal.