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HomeMy WebLinkAboutRES NO 90-76RESOLUTION NO. 90-76 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CERTIFYING THE ADEQUACY, ACCURACY AND OBJECTIVITY OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE AMENDMENT TO THE FLOOD PLAIN ZONES (CONSTITUTING RELEVANT SECTIONS OF CHAPTER 17.46 OF THE BAKERSFIELD MUNICIPAL CODE), THE EVALUATION OF SAID REPORT, EINDINGS THEREOF, AND THE APPROVAL OF THE PROJECT DESCRIBED THEREIN. WHEREAS, the City of Bakersfield proposes to amend Chapter 17.46 of the Zoning Regulations of the City relating to the Flood Plain Zones, to permit, subject to Building Director permit, the economic recovery of oil, gas and hydrocarbon substances from the zones, to the end that such development will offer no more obstruc- tion to flood flow than that which will cause a one-foot rise in the surface of the intermediate regional flood (the flood having an average frequency of occurrence of once in one hundred years) in any section of the Kern River, will not cause peripheral flooding of other properties, will not materially impair the ability of the flood plains to discharge waters resulting from such 100-year flood, will either be resistant to flotation or immune to extensive damage by flooding and will not endanger life or property; and WHEREAS, a Draft Environmental Impact Report (Draft EIR) for the amendment to the Flood Plain Zones in the City of Bakersfield, dated June, 1975, was prepared by the City of Bakersfield Develop- ment Services Department and circulated by and through the Kern County Council of Governments, (Kern Cog) the area-wide clearinghouse for the City of Bakersfield, in accordance with the requirements of law and regulations; and WHEREAS, a duly noticed public hearing was held and con~ ducted By and before the City of Ba~ersfield Planning Commission in accordance with the procedures required by City Resolution No. 10-75, on August 6, 1975, at which hearing comments on the Draft EIR were received; and WHEREAS, various public agencies have furnished written comments on the Draft EIR and the City'has responded to all sig- nificant environmental points raised by the public agencies com- menting in writing and any such points raised in the consultation, review and public hearing process; and WHEREAS, by Resolution No. 14-76, dated November 17, 1976, the Planning Commission, after due consideration of the Final EIR, found that it is an accurate and objective discussion of the pro- posed project and adequately discusses and describes all of the environmental considerations which need to be considered prior to the approval of the proposed project and reco~f~nended to the City Council that the Final EIR be certified as completed in compliance with the California Environmental Quality Act (CEQA) and Guidelines and recommended adoption of the amendment to Chapter 17.46 upon the review, consideration and evaluation of the Final EIR by the City Council. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: 1. That the Final Environmental Impact Report for the amendment to the Flood Plain Zones has been completed in compliance with the California Environmental Quality Act, the State EIR Guide- lines and the City of Bakersfield Resolution No. 10-75 and this City Council has reviewed, evaluated and considered the information contained in the Final EIR. 2. That the Final EIR is an accurate and objective dis- cussion of the proposed project and adequately discusses and des- cribes all of the environmental considerations which need to be ~o~der~d,_p~ior to the evaluation_pr apprOval_of the proposed, ._ project. 3. That the amendment to Chapter 17.46 of the Municipal Code is in conformity with the Bakersfield Metropolitan Area General Plan. 4. That the proposed project will not materially impair the flood-carrying capacity of the river, in that the City will limit drilling and production of oil, gas and associated hydrocarbons to the extent which will cause a ~ise in the water surface of the 100-year flood of no more than one foot; and that the one foot limi- tation is reasonable under all the circumstances. Measures are written into the amendment which will serve to sufficiently mitigate the undesirable features of the project, principally in that the Building Director permit shall provide that all drilling and pro- ducing operations must conform to conditions set out in detail in the proposed amendment, which conditions are hereby incorporated into this resolution by such reference as though fully set out herein. 5. That there are certain environmental risks associated with the project as outlined in the Final EIR although the amend- ment, the project under consideration, has been drafted so as to minimize to the extent feasible all such impacts. 6. All other alternatives to the project are rejected; permitting the !e~6~omic recovery of oil, gas and associated hydro- carbons from the flood plains is found to be vital for the purpose of extracting scarce energy resources which otherwise would not be secured. The project will offer specialized employment at a time when unemployment is steadily rising and provide needed stimulus to supportive industry, e.g. purchasing of tools, equipment and con- struction 'materials. 7. That the proposed project contains long-term social and economic benefits to the community and to the nation which out- Weigh ~ny..e~Vironmental risk9' as~_o. ciated _t~er~ith. o .... 8. In consideration of the above findings as determined by this body, the City Council approves the project. o0o - -- 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 the 29th day of November, 1976, by the following vote: ABSENT COUNCILMEN: C-7,~.)(_..0__3..,c(~_ ..... ABSTAINING COUNCILI',]EN: ' ~ CIT~C_LERK an x Officio Clerk of Council~y of Bakersfield the 1976 APPROVED as to form: