HomeMy WebLinkAboutRES NO 146-91RESOLUTION NO.'~ ~ ~ - .~ ~
A RESOLUTION MAKING FINDINGS AND CERTIFYING
THE FINAL ENVIRONMENTAL IMPACT REPORT FOR
THE PROPOSED METROPOLITAN BAKERSFIELD
HABITAT CONSERVATION PLAN.
W/~EREAS, 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
WHEREAS,
County of Kern;
and
the MBHCP is proposed in cooperation with the
Wq~EREAS, 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
W~{EREAS, public and private agencies and individuals
submitted written comments on the DEIR, as documented in the
Final Environmental Impact Report (FEIR);
and
W~EREAS, a duly noticed public hearing was conducted by
and before the City of Bakersfield Planning Commission in accor-
dance with procedures required by City Resolution No. 107-86 on
October 18, 1990, at which hearing the public was entitled to com-
ment 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 Final EIR;
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
Final EIR certification;
and
WHEREAS, following the public hearing, the Planning
Commision 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
Final EIR have been eliminated or lessened to a level less than
significant;
and
Planning
and
WHEREAS, by Resolution No. 31-91 on April 18, 1991, the
Commission recommended certification of the Final EIR;
WHEREAS, the City Council has found that significant
environmental effects set forth in the Final EIR have been elimi-
nated 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 107-86.
7. In consideration of the above statements and
findings, the City Council certifies the Final EIR as adequate,
including all mitigation measures identified in Exhibit "A".
.......... o0o ..........
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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 JUL ~ 7 ~9~t by the
following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUL 1 ? 1991
KENNETH W. PEI~L~SON
Vice-MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pjt
r/rcchcpl
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METROPOLITAN BAKERSFIELD HABITAT
CONSERVATION PLAN
EXHIBIT "A"
IMPACT
Loss of
habitat
supporting
federally and
state
protected
species as
identified on
Page 98 of the
MBHCP/EIR
MITIGATION
Collection of
MBHCP fees to
allow
acquisition
and/or
enhancement of
preserve
lands.
The mitigation
must keep pace
with
development
and result in
a net gain of:
a. one acre
of enhancement
for each acre
of open land
lost, or
b. Three
acres of
enhancement
for each one
acre of
natural lands
lost;
whichever is
greater.
ENFORCEMENT/
MONITORING
Implementation
trust will
oversee
implementation
of MBHCP.
Local
government
will collect
fees at
building
permit stage.
The U.S. Fish
and Wildlife
Service will'
enforce
Section 10(a)
permit.
State
Department of
Fish and Game
will enforce
20~1 permit.
Annual reports
will be
provided to
wildlife
agencies by
implementation
trust.
FINDINGS
The MBHCP
incorporates
measures which
avoid or
substantially
lessen the
significant
effect as
identified in
the Final EIR
dated March
1991.
The MBHCP
incorporates
sufficient
monitoring
devices that
ensure
mitigation
will be
implemented.
a:srhcp
RESOLUTION NO. 31-91
RESOLUTION OF THE PLANNING COMMISSION
MAKING FINDINGS AND RECOMMENDING CERTIFICATION
BY THE CITY COUNCIL OF THE FINAL ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE METROPOLITAN
BAKERSFIELD HABITAT CONSERVATION PLAN (MBHCP).
WHEREAS, the City of Bakersfield is proposing the MBHCP,
a comprehensive program to mitigate the impacts of urban growth
on federally and state protected plant and animal species;
and
WHEREAS,
County of Kern;
and
the MBHCP
is proposed
in cooperation with the
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 accor-
dance with procedures required by City Resolution No. 107-86 on
October 18, 1990 at which hearing the public was entitled to com-
ment on the DEIR;
and
WHEREAS, written responses were prepared to all signifi-
cant points raised by the public and private agencies and indi-
viduals in the review and public hearing process in the Final
EIR;
and
WHEREAS, on April 18, 1991, the Planning Commission
conducted a public hearing regarding consideration of Final EIR
certification;
and
-2-
WHEREAS, members of the public spoke to the issue
Final EIR certification;
and
WHEREAS, the Commission directed staff to respond to
written comments presented at the April 18, 1991, public hearing;
and
WHEREAS, the City of Bakersfield Planning Commission has
found that significant environmental effects raised in the
Final EIR have been eliminated or lessened to a level less than
significant.
NOW, THEREFORE, the Planning Commission hereby deter-
mines, finds and resolves as follows:
1. The above recitals are true and correct.
2. Required public notices were given.
3. The FEIR was presented to the Planning Commission
which reviewed and considered the information contained in the
FEIR 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.
6. The FEIR has been completed in compliance with City
Resolution 107-86.
7. In consideration of the above statements and
findings, the Planning Commission recommends that the City
Council:
Find the Final EIR has been completed in compliance
with CEQA, the State EIR Guidelines and the City of
Bakersfield Resolution No. 107-86.
CERTIFY the Final EIR as adequate including all mit-
igation measures identified in the attached Exhibit "A".
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I hereby certify that the foregoing resolution was
passed and adopted by unanimous decision of the Planning
Commission of the City of Bakersfield at the regular meeting
thereof held on the 18th day of April, 1991.
DATED: April 18, 1991
r/rhcpeir
~ning Direct~
METROPOLITAN BAKERSFIELD HABITAT
CONSERVATION PLAN
EXHIBIT "A"
IMPACT
Loss of
habitat
supporting
federally and
state
protected
species as
identified on
Page 98 of the
MBHCP/EIR
MITIGATION
Collection of
MBHCP fees to
allow
acquisition
and/or
enhancement of
preserve
lands.
The mitigation
must keep pace
with
development
and result in
a net gain of:
a. one acre
of enhancement
for each acre
of open land
lost, or
b. Three
acres of
enhancement
for each one
acre of
natural lands
lost;
whichever is
greater.
ENFORCEMENT/
MONITORING
Implementation
trust will
oversee
implementation
of MBHCP.
Local
government
will collect
fees at
building
permit stage.
The U.S. Fish
and Wildlife
Service will'
enforce
Section 10(a)
permit.
State
Department of
Fish and Game
wfll enforce
20~1 permit.
Annual reports
will be
provided to
wildlife
agencies by
implementation
trust.
FINDINGS
The MBNCP
incorporates
measures which
avoid or
substantially
lessen the
significant
effect as
identified in
the Final EIR
dated March
1991.
The MBHCP
incorporates
sufficient
monitoring
devices that
ensure
mitigation
will be
implemented.
a:srhcp