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HomeMy WebLinkAboutRES NO 88-72 e . . 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 , 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 . . 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. - - - ~- - -- - - 2. e . 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. ----------000---------- 3. e e - v 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} ~ " 1IlI ~~ ' .,.0. ~ ____ ~.... ) . ~ J C't1YS<CLERK an Ex 0 icio Clerk of Council of the City of Bakersfield the APPROVED: ~Iii.;;o( WY.V'" CITY ATTO . ,