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HomeMy WebLinkAboutRES NO 29-87RESOLUTION NO. 29-87 RESOLUTION OF THE COUNCIL OF THE CITY BAKERSFIELD MAKING FINDINGS AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE PROPOSED SAND CREEK GOLF COURSE. WHEREAS, it is proposed to develop an 18-hole public golf course on city-owned property located north of Stockdale Highway, west of Coffee Road, south of the Kern River; and WHEREAS, the proposed golf course would be constructed in the secondary and primary flood plain of the Kern River; and WHEREAS, a Draft E.I.R. 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 ~raft E.I.R., as listed in the comments and responses; 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 1, 1986, at ~{hich hearing the public was entitled to comment on the Draft E.I.R.; and WHEREAS, the consultant responded in writing to all significant points raised by the public and private agencies and individuals in the review arid public hearing process in the Final E.I.R., consisting of a revised Draft E.I.R. and comments and responses on the Draft E.I.R.; and WHEREAS, a ducted on August 7, Planning Commission duly noticed public hearing was held and con- 1986, by and before the City of Bakersfield to receive input on the Final E.I.R.; and WHEREAS, the Planning Commission requested additional environmental information in the form of Addendum No. 1 to the Final E.I.R.; and WHEREAS, in preparation of Addendum No. 1, the consultant addressed all significant points as to which the Planning Commis- sion []ad requested additional environmental information; and WHEREAS, ~he Final ~.I.R., consisting of the revised Draft E.I.R. and Comments and Responses dated July, 1986, and Addendum No. 1 dated September, 1986, were reviewed, evaluated and con- sidered by the Planning Commission, and that Commission found that the Final E.I.R. has been completed in compliance with the California Environmental Quality Act, the State E.I.R. Guidelines and City of Bakersfield Resolution No. 107-~6; and WHEREAS, the City of Bakersfield Planning Commission found that significant environmental effects identifi,ed in the Final E.I.R., including Addendum NO. 1, have been eliminated or substantially lessened but that significant unavoidable environ- mental effects would require a Statement of Overriding Considerations should the proposal be approved, and r.~commended certification of the Final EIR; and WHEREAS, the City Council has considered the Final E.I.R., including Addendum No. l, and has reviewed the record of proceedings before and findings of the Planning Commission with respect thereto; and WHEREAS, the Final E.I.R. is an accurate and objective discussion of the ~.roposed project and adequately discusses and describes the environmental considerations and mitigation measures; and WHEREAS, the various alternatives to the project, including "no project", have been considered in the Final E.I.R.; and WHEREAS, the total of all mitigation measures identified in the Final E.I.R., including Addendum No. 1, is sufficient to minimize environmental impacts which can be mitigated; and WHEREAS, the period for public review has been adequate; and WHEREAS, the Final E.I.R., including Addendum No. 1, adequately addresses all issues raised during the public review period, and mitigation measures are required and must be incor- porated into the project (if approved) which would avoid or substantially lessen the significant environmental effects as identified; and WHEREAS, if the proposed project is approved, a Statement of Overriding Considerations would be required due to the signifi- cant unavoidable cumulative impacts on the San Joaquin Kit Fox and unique riparian habitat. - 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct; and 2. The Final E.I.R., including Addendum #1, has been completed in compliance with CEQA, the State E.I.R. Guidelines and the City of Bakersfield Resolution No. 107-86, including fin- findings 1 throuqh 5 on Page 5 of the Staff Report (October 2, 1986); and 3. The Final E.I.R., including Addendum No. 1, is hereby certified as adequate, including all mitigation measures identi- fied on Pages 4-1 through 4-13 of Addendum No. 1, including corrections noted on Page 4 of the Staff Report (October 2, 1986). .......... 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 February 11, _1_987 ............ , by the following vote: AYES: COUNCIlMEMBERS. ~; ',;LD~,, CHRISTENSEN, SMITH, RAT'~, MOORE, OICKERSoNi ~AI.VAGGIO NOES: COUNCILMEMBERS: ABSENT: COUNCILW,~CM~ERS: ABSTAINING: CO U,~C~L'~IEM ~. RS Council of the City of Bakersfield APPROVED February 11, 1987 MAYOR of the City of Bakersfield APPROVED as to form: C/~TY A'~TORNEY of ~t~6e City of Bakersfield AJS/meg 6;R.SCGC 3