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Home My WebLink AboutRES NO 044-01RESOLUTION NO. 0 4 ~: "0 I A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL MAKING FINDINGS THAT ALL NECESSARY ENVIRONMENTAL REVIEW HAS BEEN ADEQUATELY PERFORMED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) FOR APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE CALIFORNIA AVENUE SENIOR HOUSING PROJECT WHEREAS, on, Mamh 13, 2001, the Board of Zoning Adjustment of the City of Bakersfield, in accordance with a request from the Bakersfield Redevelopment Agency and pursuant to 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 of CEQA 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, on March 14, 2001, the Bakersfield Redevelopment Agency approved an amendment to the Southeast Bakersfield Redevelopment Plan; and WHEREAS, pursuant to California Public Resources Code section 21166 and CEQA Guidelines Section 15162, the Final Envircnmental Impact Reports for the City Center Project and the Southeast Bakersfield Redevelopment Plan were presented to the Bakersfield City Council 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 California Avenue Senior Housing Disposition and Development Agreement ("Senior Housing DDA") and that no further CEQA review was necessary for the approval of the proposed Senior Housing DDA; and WHEREAS, the environmental record prepared in conjunction with the proposed Senior Housing DDA 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 relating to approvals for the City Center Project, the Southeast Bakersfield Redevelopment Plan, as amended, and the proposed Senior Housing DDA; 3. All testimony, documents and evidence presented to the City relating to approvals for the City Center Project, the Southeast Bakersfield Redevelopment Plan, as amended, and the proposed Senior Housing DDA; 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, as amended, and the proposed Senior Housing DDA; and WHEREAS, an environmental assessment was performed for City-proposed HUD funding for the California Avenue Senior Housing Project per 24 C.F.R. Part 58; and WHEREAS, the City duly noticed and published its intent to provide HUD funding for the California Avenue Senior Housing Project and its intent to adopt a Finding of No Significant Impact (FONSI) for said Project financing and approval; and WHEREAS, the City proposes approval of the FONSI with mitigation measures; and WHEREAS, the proposed Senior Housing DDA 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 Senior Housing DDA 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 environmental impact reports for the City Center Project and the Southeast Bakersfield Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council 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 Senior Housing DDA. 2 C. Pursuant to Public Resources Code section 21100 and CEQA Guidelines section 15153(a), the Final EIR for the City Center Project is being used as the environmental document to approve the Senior Housing DDA because the City Center Project Final EIR studied and analyzed the proposed Senior Housing DDA as part of the project description. Section 15162: Pursuant to Public Resources Code section 21166 and CEQA Guidelines (1) No substantial changes are proposed in the Senior Housing DDA which will require major revisions of the City Center Project or Southeast Redevelopment Plan EIRs due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (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 City Center Project or the Southeast Bakersfield Redevelopment Plan EIRs were certified as complete shows any of the following: a. The proposed Senior Housing DDA will have one or more significant effects not discussed in such EIRs. b. Significant effects previously examined will be substantially more severe than shown in such 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 declines to adopt such measures or alternatives. d. Mitigation measures or alternatives which are considerably different from those analyzed in such 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 proposed Senior Housing [:)DA that any of the matters contained in paragraph 2(D) herein exist, no subsequent or supplemental EIR or addendum thereto need be prepared for the proposed Senior Housing DDA. ORIGINAL F. Pursuant to Public Resources Code section 21090 and CEQA Guidelines section 15180, the proposed Senior Housing DDA is in furtherance of the Southeast Bakersfield Redevelopment Plan and constitutes a portion of a single project such that no further CEQA review need be performed for the proposed Senior Housing DDA. 3. The NEPA FONSI for the proposed Senior Housing Project is hereby approved. 4. Upon approval of the Senior Housing DDA, 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 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 MAR 2 8 ZOO/ by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER I,,J o,~ CITY CLERK and Ex Officio Cle[~ of the Council of the City of Bakersfield APPROVED MAR 28 2001 Mayor of the City of Bak rsfleld APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: CARL HERNANDEZ Deputy City Attorney CH:Isc S:\COUNCIL\Resos\CaAvSrHous. DDAap~roval.wpd March t6, 2001 4 ORIGINAL