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HomeMy WebLinkAboutRES NO 151-87RESOLUTION NO. 151-87 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE MCINTOSH GENERAL PLAN AMENDMENT. WHEREAS, it is proposed to amend the Bakersfield Metropolitan Area General Plan Land Use and Circulation Elements for 377 acres located west of Coffee Road to Calloway Road, south of the A.T.&S.F. Railroad to the Cross Valley Canal; and WHEREAS, a Draft EIR on this proposal was prepared by the City of Bakersfield under contract with a consultant, circu- lated 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 listed in the FEIR dated May, 1987; and WHEREAS, a duly noticed public hearing was held and con- ducted by and before the City of Bakersfield Planning Commission in accordance with procedures required by City Resolution No. 107-86, on May 7, 1!)87, at which hearing the public was entitled to comment on the DEIR; and WHEREAS, the consultant had responded in writing to all significant points raised by the public and private agencies and individuals in the review and public hearing process in the Final EIR, consisting of the DEIR, comments and responses on the DEIR, and amendments to text as needed in the FEIR; and WHEREAS, the consultant has responded in writing to all significant points raised by the Planning Commission and public and private agencies and individuals in the review and public hearing process; and WHEREAS, the City of Bakersfield Planning Commission has found that significant environmental effects raised in the FEIR have been eliminated or substantially lessened; and -2- WHEREAS, the Final EIR, consisting of the EIR and FEIR dated March, 1987 and May, 1987, were reviewed, evaluated and considered by the Planning Commission, and that Commission found that the Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR. Guidelines and City of Bakersfield Resolution No. 107-86; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct. The FEIR was presented to the Planning Commission and the Commission reviewed and considered the information contained in the FEIR prior to consider- ing the project. That the FEIR has been completed in compliance with the California Environmental Quality Act, State EIR Guidelines and City of Bakersfield Resolution No. 107-86. the That the FEIR is an accurate and objective dis- cussion of the proposed project and adequately dis- cusses and describes the environmental considerations and mitigation measures. That mitigation measures are required and must be incorporated into the project (if approved) which would avoid or substantially lessen the significant environmental effect as identified in the FEIR. That the various alternatives to the project, including "no project" have been considered in the FEIR. That if the proposed project is approved, a state- ment of overriding considerations would be required due to the impacts described for endangered/sensitive wildlife (FEIR page V-8), traf- fic (V-53), air quality (V-67) and noise (V-75;. That the FEIR consists of the DEIR dated March, 1987 and the FEIR (Response to Comments) and DEIR text amendments) dated June, 1987. That certification of the FEIR is not to be inter- preted as support or non-support for the project as described in FEIR pages I-1 and I-6 and Figures 2 and 3 on FEIR pages I-4 and I-5 respectively. 10. The period for public review has been adequate. -3- 11. That 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, and motion to CERTIFY the FEIR as adequate, includ- ing all mitigation measures. 12. The Final EIR is hereby certified as adequate. .......... o0o .......... 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 on the 12thday of August , 1987 by the following vote: AYES: COUNC!Lt¢![i[,iE~ERS CHd DS, ,Cf;F.I~]E~SE!i, S~',',17t~ ~iAlT'r', t~t ';~"3, [~i":KE~:,SO;J, :],',L,'AGCIO ABSENT: 00Ur~01t ~,tEk~E~'; [~1~ ~. . ............. ABSTAINING: COUNCILMEMBERS: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 12th day of August , 1987 MAYOR of the City of ~akersfield APPROVED as to form:: C'IT~ATTORNEY of the City of Bakersfield r/rccmc