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.
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(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.
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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
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