HomeMy WebLinkAboutRES NO 147-98RESOLUTION
RESOLUTION MAKING FINDINGS AND CERTIFYING THAT
THE FINAL EIR HAS BEEN COMPLETED IN COMPLIANCE
WITH CEQA, THE STATE EIR GUIDELINES .~ND THE CITY OF
BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES
REGARDING THE NORTHEAST BAKERSFIELD BIKE PATH
AND WATER FACILITIES PROJECT AND GENERAL PLAN
AMENDMENT NO, P98-0039.
WHEREAS, the Planning Commission of the City of Bakersfield in accordance
with the provisions of Section 65353 of the Government Code, held public hearings on
MONDAY, SEPTEMBER 14, 1998 and THURSDAY, SEPTEMBER 17, 1998, on the proposed
Northeast Bakersfield Bike Path and Water Facilities Project and related General Plan
amendment No. P-98-0039 as shown on attached Exhibit 'T', notice of the time and place of
hearing having been given in accordance with City Ordinance (Title 17) provisions and the City
of Bakersfield CEQA Implementation Procedures before said hearing by publication in the
Bakersfield Califomian. a local newspaper of general cimulation; and
WHEREAS, such Environmental Impact Report is for construction and
development of the proposed Northeast Bakersfield Bike Path and Water Facilities Project, and
for the related General Plan Amendment No, P-98-0039 as folilows:
Northeast Bakersfield Bike Path and Water Facilities Project
General Plan Amendment No. P98-0039
City of Bakersfield has proposed an amendment to the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan
consisting of a change from Low Density Residential to Public
Facilities on 40 acres for property located on north of Paladino
Drive and east of the current alignment of Morning Drive;
and
WHEREAS, the City of Bakersfield is the Lead Agency for the Project; and
WHEREAS, the City of Bakersfield retained the professional consulting services
of Michael Brandman and Associates to prepare the Initial Study, Environmental Impact Report
(EIR) and related documents; and
WHEREAS, the Planning Commission held a scoping meeting in the form of a
workshop session on May 4, 1998 to receive input from the public and agencies on the Initial
Study and scope of the Draft EIR; and
WHEREAS, for the above-described amendment, an Initial Study was conducted
and it was determined that the proposed project would have a significant effect on the
environment and an Environmental Impact Report was prepared in accordance with CEQA; and
WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on
June 4, 1998, for a 30 day review period in accordance with CEQA; 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
boundaries on July 17, 1998, in accordance with CEQA for a forty-five review period day to end
on August 31, 1998: and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and
the Draft EIR was submitted to the (State Clearinghouse SCH# 98061019) on July 17, 1998 to
start the 45 day review period ending on August 31, 1998~ in accordance with CEQA; and
WHEREAS, in order to provide greater public participation, all those property
owners within 300 feet, and all those who were previously forwarded copies of the Notice of
Preparation (Notice of Preparation) on July 24, 1998, were noticed individually of the availability
of the Draft Environmental Impact Report (DEIR), and the public hearings; and
WHEREAS, the Planning Commission in accordance with the provisions of the
City of Bakersfield CEQA Implementation Procedures held a public hearing on August 20, 1998
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 September 3, 1998, the Final EIR was completed and notice of
its availability was made to interested parties, agencies and adjoining property owners; 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 by the City and
consultants working with the City relating to the project.
4. The proceedings before the Planning Commission relating to the project
and DEIR, including testimony and documenting evidence introduced at the public hearings.
5. Matters of common knowledge to the Planning Commission which it
considers, including but not limited to, the following:
The City of Bakersfield Metropolitan Bakersfield 2010 General
Plan;
b City of Bakersfield Zoning Ordinance;
c. City of Bakersfield Municipal Code;
d. Other formally adopted policies and ordinances of the City; and
2
WHEREAS, in accordance CEQA Guidelines Section 15132, the Final EIR
consists of the following:
a. The Draft EIR;
Comments and recommendations received on the Draft EIR either
verbatim or in summary;
List of persons, organizations and public: agencies commenting on the
Draft EIR;
The responses of the Lead Agency to si~;Inificant environmental points
raised in the review and consultation process; and
WHEREAS, the Final EIR for the Northeast Bakersfield Bike Path and Water
Facilities Project was prepared in accordance with CEQA Guidelines Section 15132; and
WHEREAS, in accordance with Section 15151 of the CEQA Guidelines, the City
council; considered the following direction regarding "standards for Adequacy of an EIR".
CEQA Guidelines 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 pedection but
for adequacy, completeness, and a good faith effort at full
disclosure.
WHEREAS, in accordance with CEQA Guidelines Sections 15151 and 15090,
the Final EIR has been considered for adequacy, completeness and good faith effort at full
disclosure and has been completed in compliance with CEQA; and, on SEPTEMBER 17, 1998,
the Planning Commission considered the Final EIR and adopted Resolution No. 108-98 making
CEQA findings and recommending certification of the EIR for the Northeast Bakersfield Bike
Path and Water Facilities Project; and
WHEREAS, in accordance with CEQA Guidelites 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 the 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 and findings 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. File the Notice of Determination. Upon approval and adoption of the
project, the Planning Department is hereby directed to file a Notice of Determination with the
County Clerk of Kern County, pursuant to then provisions of Section 21152 of the Public
Resources Code and the State CEQA Guidelines adopted pursuant thereto.
......... O00 ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Cou~l~lvOf0th~e ~ of Bakersfield eta regular meeting thereof held on
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCA~SON, DEMOND, SMITH, MCDERMO~,ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER ,~0~
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Offici~Clerk of the
Council of the City of Bakersfield
APPROVED NOV 0 ~, 1998
BOB PRICE
MAYOR of the City of Bakersfield
4
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
BY:
CARL HERNANDEZ
Assistant City Attorney
MJM
October 12, 1998
res\r0039-cc