HomeMy WebLinkAboutRES NO 3-98RESOLUTION NO.
3'98
RESOLUTION TO MAKING FINDINGS AND
CERTIFYING THAT THE FINAL EIR HAS BEEN
COMPLETED IN COMPLIANCE WITH CEQA,
THE STATE EIR GUIDELINES AND THE CITY OF
BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES
REGARDING THE GRAND CANAL PROJECT
(GPA AND ZC # P97-0133).
WHEREAS, Martin-Mcintosh representing Daystar Development, Inc. and John
Guimarra, Jr., made application for a concurrent general plan amendment and zone change
for property located between State Route 99, the Arvin- Edison Canal, South H Street, and
the Berkshire Alignment, as shown in attached Exhibits "1" and "2", to allow development of a
555,000 square foot shopping center entitled "The Grand Canal," more specifically stated as
follows:
General Plan Amendment No. P97-0133:
A request to amend the land Use Element of the Metropolitan
Bakersfield 2010 General Plan from LR (low Density Residential)
on 47.03 acres and HMR (High Medium Density Residential) on
16.70 acres to GC (General Commercial).
Zone Change No. P97-0133:
A concurrent zone change request consisting of a change in zone
from and R-1 (one Family Dwelling) zone to a PCD (Planned
Commercial Development) zone on 65.73 acres for a 555,000
square foot shopping center with a Venetian theme, and man-
made canal.
WHEREAS, the City of Bakersfield is the Lead Agency for the project; and
WHEREAS, the City of Bakersfield retained the professional consulting services of
Robert Bein, William Frost & Associates to prepare the Initial Study, Environmental Impact
Report and related documents; and
WHEREAS, for the above-described segment, an Initial Study was conducted and it
was determined that the proposed project may have a significant effect on the environment
and an Environmental Impact Report (EIR) would be prepared; and
WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on July 9,
1997 for a 30 day review period in accordance with CEQA; and
WHEREAS, the Planning Commission held a public scoping hearing on August 7,
1997 to receive input from the public and agencies on the Initial Study and scope of the Draft
EIR; 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 September 24, 1997 in accordance with CEQA for a 45 day review period to
end on November 7, 1997 and a 5 day extension for State agency comments ending
November 12, 1997; and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the
Draft EIR was submitted to the State Clearinghouse (SCH# 97071023) on September 29,
1997 to start the 45 day review period to end on November 12, 1997 in accordance with
CEQA; and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with
the provisions of City Council Resolution No. 76-97, held a public hearing on Monday,
November 3, 1997 and Thursday November 6, 1997, on the adequacy of the Draft
Environmental Impact Report; and
WHEREAS, the Draft EIR was subject to a forty-five 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 (Resolution 76-96); and
WHEREAS, on December 8, 1997, the Final EIR was completed and notice of its
availability was made to interested parties and agencies; and
WHEREAS, the environmental record prepared in conjunction with the project
includes the following;
1. The Draft and 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;
3. All testimony, documents and evidence presented to the city by
consultants working with the city relating to the project.
4. The proceedings before the Planning Commission relating to the project
and DEIR, including and documenting evidence introduced at the public hearings; and
WHEREAS, the 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.
2
ORi,3~;%L
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 the Grand Canal project was prepared in accordance
with CEQA Guidelines Section 15132; and
WHEREAS, in accordance with The CEQA Guidelines Section 15151 the City Council
considered the following direction regarding "standards 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 experts. The courts have
looked not for perfection but for adequacy, completeness, and a
good faith effort at full disclosure.
and;
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 prior to approving the project.
WHEREAS, in accordance with CEQA Guideline Sections 15151 and 15090, the Final
EIR has was considered for adequacy, completeness and good faith effort at full disclosure
and has been completed in compliance with CEQA; and
WHEREAS, on DECEMBER 18, 1997, the Planning Commission considered the Final
EIR and adopted Resolution No. 99-97 making CEQA findings and recommending
certification of the Grand Canal EIR to the City Council; and
WHEREAS, the Lead Agency determined that in Mitigation Measure No. 5.4-2a, a wall
was not necessary to shield vehicle light and glare from the parking lot along the southern
boundary of the project site and the 3 foot high landscape berm is adequate for the purposes
of shielding; and
3
WHEREAS, in accordance with CEQA Guideline Sections 15151 and 15090, 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 prior to
approving the project; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Environmental Impact Reports as set forth in CEQA and City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by the city staff and the City Council;
and
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED by the City
Council as follows:
1. The above recitals, incorporated herein, are true and correct and constitute the
Findings of the City Council in this matter.
2. The report of the Planning Commission, including maps and all reports and
papers relevant thereto, has been transmitted by the Secretary of the Planning Commission
to the City Council.
3. The Final EIR has been completed in compliance with CEQA.
4. The Final EIR was presented to the decision-making body of the Lead Agency
and the decision-making body reviewed and considered the information contained in the
Final EIR prior to approving the project.
5. That Martin-Mcintosh, applicant, has submitted prior written agreement to
comply with all adopted mitigation measures contained within the EIR.
6. That the Lead Agency's revision to Mitigation Measure No. 5.4-2a to delete the
requirement for a three foot high wall along the southern boundary of the project site, and
only require a three foot high landscaped berm along the southern boundary is adopted.
7. File the Notice of Determination. Upon approval of the project, the Planning
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 Codes and the
State CEQA Guideline adopted pursuant thereto.
......... O00 ........
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
'JAN ~ 4 1998 , by the following vote:
AYES: COUNCILMEMbER DeMOND, CARSON, SMITH,
NOES: CO ~,.uL, ,~k ~R ~'~ ...................
ABST~ ,~. COUNC~LMEM(JER
A~NT: COUNCIlEMBER
4
CITY CLERK and Ex Officib_.jClerk of the
Council of the City of Bakersfield
APPROVED ~ 1~ 1~9~
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY $KOUSEN
CITY ATTORNEY
Exhibits: 1,
2.
Location Map
Site Plan
JE
December 24, 1997
res\rgceir-cc
5
EXI-IIRIT 1
GRAND CANAL
PROJECT BOUNDARY
i~XHll~lT 2
BI]
__ ~ PANAMA L A NE
Q
W
BERKSHIRE
ROA[