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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 3 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. 2 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. 3