Loading...
HomeMy WebLinkAboutRES NO 034-01RESOLUTION NO. 0 3 4 - 0 ~.1 RESOLUTION MAKING FINDINGS THAT ALL NECESSARY ENVIRONMENTAL REVIEW HAS BEEN ADEQUATELY PERFORMED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR APPROVAL OF AN ORDINANCE ADOPTING AN AMENDMENT TO THE SOUTHEAST BAKERSFIELD REDEVELOPMENT PLAN WHEREAS, on, March 13, 2001, the Board of Zoning Adjustment of the City of Bakersfield, in accordance with a request from the Bakersfield Redevelopment Agency and the provisions of CEQA and the City of Bakersfield CEQA Implementation Guidelines, did consider and certify the Final Environmental Impact Report for Project File Nos. P00-0555 & P00-0930, commonly known as the City Center Project; and WHEREAS, on June 16, 1999, the Bakersfield Redevelopment Agency (formerly known as the Central District Development Agency) in accordance with the provisions C EQA and the City of Bakersfield CEQA Implementation Guidelines did consider and certify the Final Environmental Impact Report for the then-proposed Southeast Bakersfield Redevelopment Plan; and WHEREAS, the City of Bakersfield proposes to amend the Southeast Bakersfield Redevelopment Plan; and WHEREAS, pursuant to California Public Resources Code section 21166 and CEQA Guidelines Section 15162, the Final Environmental Impact Reports for the City Center Project and the Southeast Bakersfield Redevelopment Plan were presented to the City Council of the City of Bakersfield who reviewed and considered the information contained therein and determined that no subsequent, supplemental or addendum to the City Center Project EIR or the Southeast Bakersfield Redevelopment Plan EIR was necessary for the approval of the proposed Southeast Bakersfield Redevelopment Plan Amendment ("Plan Amendment") and that no further environmental review was necessary for the approval of the proposed Plan Amendment; and WHEREAS, the environmental record prepared in conjunction with the proposed Plan Amendment includes the following, which are incorporated herein by this reference; 1. The Draft and Final Environmental Impact Reports for the City Center Project and the Southeast Bakersfield Redevelopment Plan; 2. All staff reports, memoranda, maps, letters, minutes of meetings and other documents prepared by the consultants relating to approvals for the City Center Project, the Southeast Bakersfield Redevelopment Plan and the Plan Amendment; 3. All testimony, documents and evidence presented to the city by consultants working with the city relating to approvals for the City Center Project, the Southeast Bakersfield Redevelopment Plan and the Plan Amendment; and 4. The proceedings before the Board of Zoning Adjustment, the Central District Development Agency (now known as the Bakersfield Redevelopment Agency), and the City Council relating to approvals for the City Center Project, the Southeast Bakersfield Redevelopment Plan and the Plan Amendment; and WHEREAS, the proposed Plan Amendment 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 Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that the proposed Plan Amendment will result in impacts that fall below the threshold of significance with regard to wildlife resources 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 the proposed Plan Amendment. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The City Council hereby makes the following findings: A. The Final EIRs for the City Center Project and the Southeast Bakersfield Redevelopment Plan have been completed and certified in compliance with CEQA. B. The Final EIRs for the City Center Project and the Southeast Bakersfield Redevelopment Plan were presented to the City Council which has reviewed and considered the information contained in the Final EIRs prior to approving the Plan Amendment. C. Pursuant to Public Resources Code section 21100 and CEQA Guidelines section 15153(a), the Final EIR for the City Center Project may be used as the environmental document to approve the Plan Amendment because the circumstances of the two projects are essentially the same in terms of environmental impact. Section 15162: Pursuant to Public Resources Code section 21166 and CEQA Guidelines (1) No substantial changes are proposed in the Plan Amendment which will require major revisions of the previous EIRs due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 2 (2) No substantial changes have occurred with respect to the circumstances under which the City Center Project or the Southeast Bakersfield Redevelopment Plan have been undertaken which will require major revisions of the previous EIRs due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (3) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIRs were certified as complete shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIRs. b. Significant effects previously examined will be substantially more severe than shown in the previous EIRs; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the City Center Project or the Southeast Bakersfield Redevelopment Plan, and the City decline to adopt such measures or alternatives. d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIRs would substantially reduce one or more significant effects on the environment, but the City declines to adopt such measures or alternatives. E. Pursuant to Public Resources Code section 21166 and CEQA Guidelines Section 15162, because the Final EIR for the City Center Project has been duly certified for the City Center Project, and the City Council has been presented with no substantial evidence in light of the whole record of the proceedings for the Plan Amendment that any of the matters contained in paragraph 2(D) herein exist, no subsequent EIR need be prepared for the proposed Plan Amendment. F. Pursuant to Public Resources Code section 21090 and CEQA Guidelines section 15180, the Plan Amendment is in furtherance of the Southeast Bakersfield Redevelopment Plan and constitutes a portion of a single project such that no further environmental review need be performed for the proposed Plan Amendment. 3. Upon approval of the Plan Amendment, the Planning Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Codes and the State CEQA Guideline adopted pursuant thereto. 3 I HEREBY CERTIFY that the foregoing Resolution was passed.i~.n.d adopted by the Council of the City of Bakersfield at a regular meeting thereof he (~ on by the following vote: ABSTAIN: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Clerk ~the Council of the City of Bakersfield APPROVED APPROVED AS TO FORM: BART J. THILTGEN City Attorney CARL HERNANDEZ Deputy City Attorney S:',Agreement\seplanamendeir.wpd March 5, 2001 4