HomeMy WebLinkAboutRES NO 138-93 138-93
RESOLUTION NO.
A RESOLUTION MAKING FINDINGS AND CERTIFYING
THE FINAL ENVIRONMENTAL IMPACT REPORT
DATED JULY, 1993 FOR THE PROPOSED
METROPOLITAN BAKERSFIELD HABITAT
CONSERVATION PLAN.
WHEREAS, the City of Bakersfield is proposing the Metropolitan
Bakersfield Habitat Conservation Plan (MBHCP), a comprehensive program to mitigate
the impacts of urban growth on federally and state protected plant and animal species;
and
Kern; and
WHEREAS, the MBHCP is proposed in cooperation with the County of
WHEREAS, A Draft Environmental Impact Report (DEIR) on the
MBHCP was prepared by the City of Bakersfield and County of Kern under contract
with a consultant, circulated and distributed in accordance with the requirements of law
and applicable regulations; and
WHEREAS, public and private agencies and individuals submitted written
comments on the DEIR, as documented in the Final Environmental Impact Report
(FEIR); and
WHEREAS, a duly noticed public hearing was conducted by and before the
City of Bakersfield Planning Commission in accordance with procedures required by City
Resolution No. 107-86 on October 18, 1990, at which hearing the public was entitled to
comment on the DEIR; and
WHEREAS, written responses to all significant points raised by the public
and private agencies and individuals in the review and public hearing process were
prepared and included in the FEIR; and
WHEREAS, a public hearing was conducted by and before the City of
Bakersfield Planning Commission on April 18, 1991, at which hearing members of the
public spoke regarding the issue of FEIR certification; and
WHEREAS, following the public hearing, the Planning Commission
directed staff to respond to written comments presented at the April 18, 1991, public
hearing; and
WHEREAS, the City of Bakersfield Planning Commission found that
significant environmental effects raised in the FEIR have been eliminated or lessened to
a level less than significant; and
WHEREAS, oy Resolution No. 31-91 on April 18, 1991, the Planning
Commission recommended certification of the FEIR; and
WHEREAS, by Resolution No. 146-91, Council certified the environmental
document for the MBHCP dated March 1991; and
WHEREAS, due to changes in the MBHCP resulting from negotiations
with Wildlife Agencies on the MBHCP, the FEIR has been slightly revised; and
WHEREAS, because of said changes, the FEIR has been redistributed for
public review; and
WHEREAS, staff has requested that the FEIR including those revisions
and dated July 1993 be certified as the environmental document for the MBHCP dated
July 1993; and
WHEREAS, said EIR shall also function as the environmental document
for all associated MBHCP agreements, ordinances and resolutions; and
WHEREAS, the City Council has found that significant environmental
effects set forth in the Final EIR have been eliminated or lessened to a level less than
significant; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct.
2. Required public notices were given.
3. The FEIR was reviewed and considered by the City Council prior to
considering the project.
4. Mitigation measures and monitoring procedures are incorporated
into the project which would avoid or substantially lessen the significant environmental
effects identified in the FEIR.
5. The FEIR has been completed in compliance with the California
Environmental Quality Act and the State EIR guidelines.
6. The FEIR has been completed in compliance with City Resolution
212-92.
7. In consideration of the above statements and findings, the City
Council certifies the Final EIR for the Metropolitan Bakersfield Habitat Conservation
Plan dated July, 1993 as adequate, including all evidence and mitigation identified in
Exhibit "A".
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
A~ 2 5 ~3 by the following vote:
AYES: COUNCiLMEMBERS McDERMOTT, EDWARDS, DeMOND, S~11~, BRUNNI, ROWLES, SALVAGGIO
NOES: COUNCILMEMBERS ~ t3~1,
ABSTAIN: COUNCILMEMBERS /~o~e
ABSENT: COUNCILMEMBERS ~ tYtA"J,-t~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
.
CITY ATFORNEY of the City of Bakersfield
JM:ld
res\rcchcpl
August 5, 1993
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ORIGINAL
EXHIBIT "A"
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
Statutory Basis for Findings
These findings and substantial evidence provided herewith are required pursuant to Section 15091(a) of
the State CEQA Guidelines, as amended, which states:
(a)
No public agency shall approve or carry out a project for which an EIR has been completed which
identifies one or more significant environmental effects on the project unless the public agency
makes one or more written findings for each of those significant effects, accompanies by a brief
explanation of the rationale for each finding. The possible findings are:
(1)
Changes or alterations have been required, or incorporated into, the project which avoid
or substantially lessen the significant environmental effect as identified in the final EIR.
(2)
Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted such other agency.
(3)
Specific economic, social, or other considerations make infeasible the mitigation measures
or project alternatives identified in the final EIR.
Finding pursuant to Section 15091 of the State CEQA Guidelines, as Amended
LOSS OF HABITAT FOR STATE AND FEDERAL THREATENED AND ENDANGERED
SPECIES.
A. SIGNIFICANT EFFECT
Development of natural or open lands will result in loss of habitat supporting federally and state
protected species as identified on pages 97 and 98 of the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP) and Environmental Impact Report which will result in a take of the
species.
B. FINDING
Changes or alterations have been required, or incorporated into, the project which avoid or
substantially lessens the significant environmental effect as identified in the final EIR.
C. SUPPORTIVE EVIDENCE
The MBHCP requires the acquisition and enhancement of native habitat lands which support
endangered and threatened plant and animal species in perpetuity as mitigation for any
development.
Implementation of the MBHCP avoids piecemeal mitigation in use now and will benefit the
species by providing long-term protection in the creation of habitat preserves administered by the
State or other acceptable entity. This program provides a multi-species mitigation strategy
through acquisition of Lower Sonoran Grassland and Alkali Sink habitat lands.
Preservation of natural lands has a greater species value and represents a more viable long-term
habitat than existing rural or agricultural lands within the 2010 General Plan area. The MBHCP
allows consideration for acquisition of pre-approved lands identified as valuable habitat by CDFG.,...
It also allows for the acquisition of properties adjacent to existing management areas such as the
Kern Water Bank and Aliensworth Preserve.
* City of Bakersfield, "Draft Metropolitan Bakersfield Habitat conservation Plan, dated July,
1993."
City of Bakersfield, "Final Environmental Impact Report, Metropolitan Bakersfield
Habitat Conservation Plan, SCH No. 89020264 dated July, 1993.
City of Bakersfield, "Final Environmental Impact Report, Appendix D: Response to
Comments, SCH No. 89020264, dated July, 1993.
City of Bakersfield, Environmental Assessment on Issuance of Incidental Take Permit
Under Section 10(a)(l)(B) of the Endangered Species Act, dated July, 1993.
DEVELOPMENT WILL INVOLVE A "TAKING" OF THE SPECIES AS DEFINED BY THE
FEDERAL ENDANGERED SPECIES ACT.
SIGNIFICANT EFFECT
The United States and California Endangered Species Act provides for the protection of
endangered and threatened species. Section 9 of the Act prescribes civil and criminal penalties for
take of a protected species except when the take is in accordance with a valid permit issued under
Section 10(a) (Federal) and through the issuance of a 2081 permit (State of California).
Development often causes a "take" of a species.
FINDING
Changes or alterations have been required, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
SUPPORTIVE EVIDENCE
Approval of the MBHCP will result in the issuance of 10(a)(1)(B) and 2081 permits which will
authorize the "taking" of endangered species.
Mitigation for the issuance of the 10(a)(1)(B) and 2081 permits will result in the acquisition and
the enhancement of habitat management lands within and outside the Metropolitan Bakersfield
area for species protection. Issuance of the 10(a)(1)(B) permit has concluded that the take has
been mitigated to the maximum degree practical and any take of a species would be incidental.
The MBHCP also encourages the relocation or salvage of endangered species prior to grading or
construction. An inventory of known kit fox dens and rare plant locations will be maintained by
the Implementation Trust for future relocation efforts prior to development.
City of Bakersfield, "Draft Metropolitan Bakersfield Habitat Conservation Plan, dated
July, 1993."
City of Bakersfield, "Final Environmental Impact Report, Metropolitan Bakersfield
Habitat Conservation Plan, SCH No. 89020264, dated July, 1993.
City of Bakersfield, "Final Environmental Impact Report, Appendix D: Response to
Comments, SCH No. 89020264, dated July, 1993.
City of Bakersfield, Environmental Assessment on Issuance of Incidental Take Permit
Under Section 10(a)(1)(B) of the Endangered Species Act, dated July, 1993.
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ORIGINAL
LOSS OF 23.75 SQUARE MILES OF NATURAL LANDS
SIGNIFICANT EFFECT
Development of the Metropolitan Bakersfield 2010 General Plan area could result in the loss of
up to 23.75 square miles of natural lands which is habitat for he San Joaquin Kit Fox, the
Bakersfield Cactus, the Tipton Kangaroo Rat, and Hoover's Wooly-star.
FINDING
Changes or alterations have been required, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
SUPPORTIVE EVIDENCE
Collection of HCP mitigation funds will allow acquisition and/or enhancement of preserve land
both within and outside Metropolitan Bakersfield. The MBHCP has designated Focus Areas in
the Northeast and Southwest portions of the Metropolitan Bakersfield area for potential
acquisition sites which are known habitat areas.
The Kern River Corridor contains approximately 1400 acres of natural lands for a dispersal
corridor for the kit fox and other species. The primary floodplain of the Kern River is not
included within the MBHCP and will not be covered under the 10(a) permit as this dispersal
corridor is an important part of any preserve system.
The mitigation ratio for enhancement of lands for each acre of development is greater for natural
lands than other urban lands. The mitigation must keep pace with development and must result
in a net gain of:
or
1 acre of enhancement for each acre of open land lost
p:ceqa.fdg
3 acres of enhancement for each 1 acre of natural land lost, whichever is greater.
City of Bakersfield, "Draft Metropolitan Bakersfield Habitat Conservation Plan, dated
July, 1993."
City of Bakersfield "Final Environmental Impact Report, Metropolitan Bakersfield
Habitat Conservation Plan, SCH No. 89020264 dated July, 1993.
City of Bakersfield, "Final Environmental Impact Report, Appendix D: Response to
Comments, SCH No. 89020264, dated July, 1993.
City of Bakersfield, Environmental Assessment on Issuance of Incidental Take Permit
Under Section 10(a)(1)(B) of the Endangered Species Act, dated July, 1993.
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