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Home My WebLink AboutRES NO 032-01RESOLUTION NO. 0 32' 0 ].~ RESOLUTION 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 GATEWAY SHOPPING CENTER GENERALLY LOCATED BETWEEN HIGHWAY 99, SOUTH H STREET, THE ARVIN-EDISON CANAL AND BERKSHIRE ROAD ALIGNMENT (ZC if P00-0419). WHEREAS, Mr. John Saliba of MGC Architecture, representing Paul Owhadi, Sierra Pacific Development, property owner, made application for a zone change for property located between State Route 99, the Arvin- Edison Canal, South H Street, and the Berkshire Alignment, as shown in attached Exhibit "A," to allow a multiple use commercial shopping center, known as the Gateway Shopping Center as more specifically described below: Zone Chanae No. P00-0419: A zone change request consisting of a change in zone from a PCD (Planned Commercial Development) zone to a C-2 (Regional Commercial) zone on 64 + acres to allow development of a 555,000 square feet of leaseable building area and 16,504 square feet for support facilities totaling a maximum of 571,504 square feet, for a multiple use commercial shopping center, known as the Gateway Shopping Center. WHEREAS, the City of Bakersfield is the Lead Agency for the project; and WHEREAS, for the above-described project, in accordance with CEQA Guideline Section 15153, the Lead Agency proposes to use an EIR from an earlier project (Grand Canal GPA/ZC ifP97- 0133) for a later project (proposed Gateway Zone Change #P00-419); and WHEREAS, the Lead Agency has determined that the Grand Canal EIR adequately describes the above relative to proposed Zone Change ifP00-0419 for the Gateway Shopping Center; and WHEREAS, pursuant to Section 15153 of the California Environmental Quality Act (CEQA), the Grand Canal EIR does not need to be re-circulated for review, but it has been noticed that the Grand Canal EIR is and has been available for public review in the Development Services building at 1715 Chester Avenue, Bakersfield CA 93301; and WHEREAS, pursuant to CEQA Guideline Section 15153 (b)(1), staff prepared an Initial Study which shows that the previous EIR adequately describes the later project's setting, impacts, alternates and mitigation measures, and the later project is essentially the same as the earlier project and results in similar environmental impacts; and WHEREAS, the proposed environmental document for the above-described project, Zone Change ifP00-0419, is the Gateway Final EIR which consists of the Grand Canal EIR, the Initial Study prepared for Zone Change ifP00-0419, a list of persons, organizations and public agencies commenting on the Grand Canal FEIR and Gateway Initial Study; and the Responses to Comme~s; and ~ ~ ~ WHEREAS, on January 18, 2001, the Planning Commission adopted findings and recommended certification of the Final EIR to the City Council; and WHEREAS, the Initial Study was prepared for Zone Change P00-0419, and was circulated to interested parties and agencies and a notice of availability was sent to property owners within 300 feet of the project site on November 21,2000 in accordance with CEQA for a 45 day review period to end on January 5, 2001; and WHEREAS, said Initial Study was submitted to the State Clearinghouse (SCH# 1997071023) on November 22, 2000 to start the 45 day review period to end on January 5, 2001, in accordance with CEQA; and WHEREAS, the Gateway Draft EIR consists of the certified Final Grand Canal EIR, and the Initial Study prepared for the Gateway Zone Change #P00-0419; and WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of local CEQA implementation resolution, held a public hearing on December 18, 2000 and December 21, 2000, 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, on January 8, 2001, the Final Gateway EIR was completed and notice of its availability was made to interested parties and agencies; and WHEREAS, the Final Gateway EIR consists of the certified Final Grand Canal EIR, the Initial Study prepared for the Gateway Zone Change #P00-0419, and the responses to comments; 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. 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 Gateway 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 was considered for adequacy, completeness and good faith effort at full disclosure and has been completed in compliance with CEQA; and WHEREAS, on January 18, 2001, the Planning Commission considered the Final EIR and adopted Resolution No. 13-01 making CEQA findings and recommending certification of the Gateway EIR to the City Council; and 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 3 WHEREAS, he project must be granted a "de minimis: exemption with respect to the payment of Fish and Game Section 711 fees. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resoumes 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 resoumes and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- referenced absence of evidence in the record and the Lead Agency's decision to prepare an environmental impact report for this project. 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 the property owner has submitted prior written agreement to comply with all adopted mitigation measures contained within the EIR. 6. 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 Resoumes Codes and the State CEQA Guideline adopted pursuant thereto. 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 FEB ?~ ~ ~nnl ~ by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNClLMEMBER COUNClLMEMBER ~JO~_. CITY CLERK and Ex Offi(~o Clerk of the Council of the City of Bakersfield 4 APPROVED FEE) ~$ 2001 MAYOR of the City of BakerSfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ~ Carl Hernandez, Deputy City Attorney Exhibit A: Location Map JEng February 14, 2001 S:~.oneChange~z419~c~Feir~res-eir -cc.wpd 5 ZONE CHANGE P00-0419 C-~[.~ R-1 R-2 A-20A MH R-1 [ ~ C I P.U.D.R.1T30S, F~.! R28E ~ C-1 R-1 R-1 M-2 M-1 R-1 M-1 R-1 C-2 N