HomeMy WebLinkAboutRES NO 244-04RESOLUTION NO. 244- 0 ~:
RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CERTIFYING IT HAS RECEIVED, REVIEWED, EVALUATED AND
CONSIDERED THE INFORMATION CONTAINED IN THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN
AMENDMENT CASE NO. 03-0724 AND CERTIFYING THAT THE FINAL
ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, CEQA GUIDELINES, AND THE CITY OF BAKERSFIELD CEQA
IMPLEMENTATION PROCEDURES, AND MAKING FINDINGS AND
ADOPTING A MITIGATION MONITORING PLAN. (VVard 4).
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on THURSDAY,
AUGUST 5, 2004, on the certification of the Final Environmental Impact Report for General Plan
Amendment Case No. 03-0724 for the proposed amendment to the Cimulation Element of the
Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been given
at least ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a
local newspaper of general cimulation; and
WHEREAS, such General Plan Amendment No. 03-0724 of the proposed amendment to
the Circulation Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 03-0724:
The City of Bakersfield applied to amend the Circulation Element of
the Metropolitan Bakersfield General Plan consisting of changes to
the Circulation map to adopt a specific plan line for the Allen Road
Bridge over the Kern River. The project site is located along Allen
Road between Stockdale Highway and Ming Avenue; and
WHEREAS, for the above-described project, an Initial Study and Notice of Preparation
(NOP) were conducted and it was determined that the proposed project may have a potential
significant effect on the environment and, therefore, an Environmental Impact Report (EIR) was
required and prepared for the project in accordance with the California Environmental Quality Act
(CEQA); and
WHEREAS, in order to provide greater public participation, all property owners within 300'
of the project site and all those who requested notification at the Planning Commission public
hearing(s) or requested special notice to the Development Services Department were noticed of
the availability of the Draft and Final Environmental Impact Report and this public hearing; and
WHEREAS, the environmental record prepared in conjunction with the project includes
the following;
1. The Notice of Preparation, the Draft Environmental Impact Report, and the Final
Environmental Impact Report;
2. All staff reports, memoranda, maps, letters, minutes of meetings and other
documents prepared by the consultants relating to the project;
All testimony, documents and evidence presented to the city by consultants
working with the city relating to the project.
The proceedings before the Planning Commission relating to the project and Draft
Environmental Impact Report and Final Environmental Impact Report, including
testimony and documenting evidence introduced at the public hearings; and
Matters of common knowledge to the Planning Commission which it considered
including but not limited to the following:
a)
b)
c)
d)
The City of Bakersfield Metropolitan Bakersfield General Plan; and
The City of Bakersfield Zoning Ordinance; and
The City of Bakersfield Municipal Code; and
Other formally adopted policies and ordinances of the City of Bakersfield;
and
WHEREAS, the City of Bakersfield retained the professional consulting services of RBF
Consulting to prepare the Initial Study, Environmental Impact Report and related documents; and
WHEREAS, a Notice of Preparation (NOP) was filed with the State Clearinghouse on
December 19, 2003 for a 30 day review period in accordance with the California Environmental
Quality Act (CEQA); and
WHEREAS, the State Clearinghouse Number for the Environmental Impact Report (EIR)
is 2003121126; and
WHEREAS, the State Clearinghouse review period for the NOP ended on January 19,
2004; and
WHEREAS, the Planning Commission held a public scoping headng on January 15, 2004
to receive input from the public and agencies on the Initial Study and scope of the Draft EIR, in
accordance with the City of Bakersfield CEQA Implementation Procedures; and
WHEREAS, a Draft EIR was prepared and circulated to interested parties and agencies
and a Notice of Availability was sent to property owners within 300 feet of the project site on April
2, 2004, in accordance with CEQA for a 45 day review period which ended on May 17, 2004; and
WHEREAS, the Draft EIR was subject to a 45 day review period in accordance with
Section 15087 of the CEQA Guidelines; and
WHEREAS, the public hearing on the Draft EIR was held during the latter half of the
public review period as is required by the City of Bakersfield CEQA Implementation Procedures;
and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of City of Bakersfield CEQA Implementation Procedures, held a public hearing on May
6, 2004 on the adequacy of the Draft Environmental Impact Report; and
WHEREAS, the Notice of Completion (NOC) was filed with the State Clearinghouse and
the Draft EIR was submitted to the State Clearinghouse (SCH # 2003121126) on April 1, 2004,
which started the 45 day review period and ended on May 17, 2004, in accordance with CEQA;
and
2
WHEREAS, the law and regulations relating to the preparation and adoption of
Environmental Impact Repods as set fodh in CEQA and City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by the city staff and the Planning
Commission; and
WHEREAS, based on the absence of evidence in the record as required by Section
21082.2 of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this project will result
in impacts that fall below the threshold of significance with regard to wildlife resources and,
therefore, must be granted a "de minimus" exemption in accordance with Section 711.4 (c) (2) (B)
of the State of California Department of Fish and Game Code. Additionally, the assumption of
adverse effect is rebutted by the above-referenced evidence and the conclusion of the Final
Environmental Impact Repod that the implementation of the proposed mitigation measures would
reduce project and cumulative impacts on biological resources to a level that is less than
significant; and
WHEREAS, on August 5, 2004, the Planning Commission considered the Final
Environmental Impact Repod; and
WHEREAS, the Planning Commission adopted Resolution No. 99-04 on August 5, 2004,
recommending certification of the Final EIR for the GPA 03-0724; and
WHEREAS, in accordance with CEQA Guidelines Section 15132, the Final EIR consists
of the following:
1. The Draft EIR;
Comments and recommendations received on the Draft EIR either verbatim or in
summary.
3. A list of persons, organizations and public agencies commenting on the Draft EIR.
The responses of the Lead Agency to significant environmental points raised in
the review and consultation process; and
WHEREAS, the Final EIR for General Plan Amendment No. 03-0724 was prepared in
accordance with CEQA Guidelines Section 15132; and
WHEREAS, in accordance with The CEQA Guidelines Section 15151 the Planning
Commission considered the following direction regarding Astandards for adequacy of an EIR:
CEQA Guideline Section 15151:
An EIR should be prepared with a sufficient degree of analysis to provide decision-
makers with information, which enables them to make a decision which intelligently takes
account of environmental consequences. An evaluation of the environmental effects of a
proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed
in the light of what is reasonably feasible. Disagreement among experts does not make
an EIR inadequate, but the EIR should summarize the main points of disagreement
among the expeds. The courts have looked not for perfection but for adequacy,
completeness, and a good faith effort at full disclosure; and
3
WHEREAS, in accordance with CEQA Guidelines Section 15090 the lead agency (City of
Bakersfield) shall certify that:
(a) The Final EIR has been completed in compliance with CEQA; and
(b)
The Final EIR was presented to the decision-making body of the Lead Agency
and that the decision-making body reviewed and considered the information
contained in the final EIR pdor to approving the project.
WHEREAS, in accordance with CEQA Guideline Sections 15151 and 15090, the Final
EIR was considered for adequacy, completeness and good faith effod at full disclosure and has
been completed in compliance with CEQA; and
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
The City Council hereby certifies that it has received, reviewed, evaluated and
considered the information contained in the Final Environmental Impact Report for
GPA 03-0724.
The City Council hereby certifies the Final Environmental Impact Report for GPA
03-0724.
The above recitals and findings incorporated herein by reference, are true and
correct and constitute the Findings of the City Council in this matter.
The report of the Planning Commission, including maps and all reports and
papers relevant thereto, will be transmitted by the Secretary of the Planning
Commission to the City Council.
5. That all required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
The City Council hereby finds the mitigation incorporated into the project avoids
impacts or mitigates impacts to a less than significant level.
Certain environmental impacts regarding noise are considered unavoidable and
cannot feasibly be mitigated to a less than significant level. Moreover, the project
alternatives analyzed in the Final Environmental Impact Report would not feasibly
mitigate the impacts.
The Planning Division of the Development Services Department is hereby
directed to file a Notice of Determination with the County Clerk of Kern County,
pursuant to the provision of Section 21152 of the Public Resources Code and
Section 15094 of the State CEQA Guideline adopted pursuant thereto and a
Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of
California Department of Fish and Game Code.
10.
This Resolution shall not become effective until the approval of the Second
Circulation Element Amendment Cycle for the year 2004 by the City Council of the
City of Bakersfield.
4
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11.
That the Specific Plan Line for Atlen Road is shown on Exhibit "A" attached
herein.
......... 000 ........
I HEREBY CERTIFY that the foregoing Resolution was passed arl~t~dz~l'~he
Council of the City of Bakersfield at a regular meeting thereof held on .,
by the following vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
ABSTAIN: CQUNCILMEMBER
ABSENT: COUNCILMEMBER ~t)~ ~ [ ~ tJ O~
PAMELA A. McCARTHY~~MC ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED SFP 0 8 Z00~I
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Attached: EXHIBIT"A"- Location Map
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S:\GPA 3rd 2004\03-0724 (Allen Bridge)\Staff Report' s\Res
Final EIR cc.doc
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EXHIBIT A
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