HomeMy WebLinkAboutRES NO 88-72
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RESOLUTION NO.
88-72
A RESOLUTION LIMITING THE FORCE AND EFFECT OF
RESOLUTION NO. 76-72, CONCERNING INTERIM GUIDE-
LINES AND PROCEDURES FOR DETERMINING WHETHER A
PROJECT MAY HAVE SIGNIFICANT EFFECT ON THE
ENVIRONMENT AND FOR PREPARATION OF ENVIRONMENTAL
IMPACT REPORTS, IF REQUIRED.
WHEREAS, the Council of the City of Bakersfield, on
November 13, 1972, adopted Resolution No. 76-72, establishing
interim guidelines for determining whether a project may have a
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significant effect on the environment and for preparation of environ-
mental impact reports if required; and
WHEREAS, said guidelines were necessary to immediately
comply with the Environmental Quality Act of 1970 as interpreted
by the Supreme Court of California in Friends of Mammoth, et a1. vs.
Mono County Board of Supervisors, et a1., which held that the phrase
"project it intends to carry out" includes private activities for
which a permit, lease or other entitlement is necessary; and
WHEREAS, AB 889, commonly known as th.e Knox Bill, enacted
as Chapter 1154 as an urgency statute in order to provide a clear
definition of the responsibilities of governmental agencies under
the Environmental Quality Act of 1970, and in order to lend certainty
to the status of various private projects so as to permit the orderly
processing and evaluation of such projects at the earliest possible
time, became effective on December 5, 1972; and
WHEREAS, Section 21171 of the Public Resources Code was
added by such urgency legislation providing, in substance, as it
relates to Resolution No. 76-72, that the Environmental Quality Act
of 1970 shall not apply to the issuance of any lease, permit, license,
certificate or other entitlement for use, by a city, until the 121st
day after December 5, 1972 (April 5, 1973), although such section
does not prohibit the city from considering environmental factors
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in connection with the approval or disapproval of such projects;
and
WHEREAS, Section 21172.5 of the Public Resources Code,
as added by the urgency statute, states in substance, and as it
relates to Resolution No. 76-72, that until the 121st day after
December 5, 1972, any objectives, criteria and procedures adopted
by the City in compliance with the Environmental Quality Act of
1970, shall govern the evaluation of projects or activities directly
undertaken by the city; and
WHEREAS, the Council, under authority of such urgency
legislation, desires to await the preparation, development, certi-
fication and adoption by the office of Planning Research and the
Secretary of the Resources Agency, of guidelines for the implementa-
tion of the Environmental Quality Act of 1970, which are required to
be completed no later than 60 days after December 5, 1972 (February
3, 1973), and the Council intends to adopt objectives, criteria,
and procedures, consistent with the Environmental Quality Act of
1970 and the guidelines adopted by the Secretary of the Resources
Agency, no later than 60 days after the adoption of such guidelines;
and
WHEREAS, the Council desires to limit the force and effect
of Resolution No. 76-72, adopted by this Council on November 13,
1972, to activities directly undertaken by the city (public works
projects), and to cancel, rescind and render of no force and effect,
all provisions of said Resolution No. 76-72, having reference to
projects or activities involving the issuance to a person of a lease,
permit, license, certificate, or other entitlement for use, by the
City. - - - ~- - -- - -
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NOW, THEREFORE, THE COUNCIL OF THE CITY OF BAKERSFIELD
HEREBY RESOLVES AS FOLLOWS:
1. Resolution No. 76-72, adopted November 13, 1972, and
the Environmental Quality Act of 1970, shall continue to apply to
those activities or projects directly undertaken by the city,
commonly referred to as public works.
2. Resolution No. 76-72, adopted November 13, 1972, shall
not apply to projects or activities involving the issuance to a
person of a lease, permit, license, certificate, or other entitle-
ment for use by the city.
3. That the appropriate city staff shall obtain the state
'guide1ines as soon as practicable after their certification and
adoption and prepare in resolution form, objectives, criteria and
procedures for the evaluation of projects and the preparation of
environmental impact reports which shall be consistent with the
provisions of the Environmental Quality Act of 1970 and with the
guidelines adopted by the Secretary of the Resources Agency.
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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 11th day of December, 1972, by the
following vote:
AYES: COUNCilMEN BLEECKER, HEISEY, MEDDERS, REES, RUCKER, THOMAS, WHITTEMOR@
NOES: COUNCilMEN: J1~
~-~~~'OUN~~L;:;:~N: n h A_
ABSTAINING COUNCilMEN: 7} ~
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C't1YS<CLERK an Ex 0 icio Clerk of
Council of the City of Bakersfield
the
APPROVED:
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CITY ATTO . ,