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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 .......... -2- 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 -3- 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". -3- 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