The URL can be used to link to this page

Home My WebLink AboutRES NO 48-84RESOLUTION NO. ~8-84 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR A MODIFIED INTERSTATE DISPOSAL SITE FOR WASTEWATER TREATMENT PLANT NO. 3, AND APPROVING PROJECT. WHEREAS, it is proposed that the City of Bakersfield provide additional wastewater disposal capability in connection with approved facility expansion at Treatment Plant No. 3 located south of the City of Bakersfield at the Southwest corner of Akers Road and McCutchen Road; and WHEREAS, five alternative disposal methods were studied in previously recommended Final Environmental Impact Reports; and WHEREAS, this Modified Interstate Disposal Site project represents an expansion to alternative sites 2 and 5 addressed in previous EIR's. This alternative site is generally described as follows: Pipeline transport to, and irrigation disposal of effluent on, approximately 4,710 acres located west of Highway I-5 and south of and adjacent to Highway 119 (Taft Highway); and WHEREAS, a Draft Supplemental Environmental Impact Report on that project was prepared by the City of Bakersfield under contract with a consultant, circulated and distributed in accordance with applicable regulations; and WHEREAS, a duly noticed public hearing was held and conducted by and before the City of Bakersfield Planning Commission in accordance with the procedures required by City Council Resolution No. 132-83, on June 7, 1984, at which hearing the public was entitled to comment upon the Draft Supplemental Environmental Impact Report; and WHEREAS, the City has responded in writing points raised by the public and private agencies and in the review and public hearing process, and the Final Supplemental Environmental Impact Report, comments and recommendations received to all significant individuals on the Draft Supplemental Environmental Impact Report, a list of persons or organizations and public agencies commenting on the draft and the responses of the City as aforesaid were completed by the Development Services Department and were considered by the Planning Commission at its regular meeting on July 5, 1984; and WHEREAS, the City of Bakersfield Planning Commission, on the basis of the Modified Interstate Disposal Site Draft Supplemental EIR, identified a significant effect associated with the approval and use of the Modified Interstate Disposal Site; and WHEREAS, the California Environmental Quality Act requires one or more of the following findings as to each significant effect: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR; and WHEREAS, such findings are supported by substantial evidence in the record summarized for the identified significant effect, below, for the project accompanied by a statement of the facts supporting each finding: Flora and Fauna Impacts Flora - Implementation of the proposed project will necessarily result ~-~ the conversion of approximately 2,560 acres of Valley Mesquite Savannah and Valley Saltbush Scrub to irrigated crop lands. Both of these communities are considered to be sensitive natural communities which are significantly threatened by the expansion of intensive agricultural land uses in the San Joaquin Valley. Therefore, impacts associated with the project proposal are significant and will result in a further proportionate reduction in these two endangered natural communities. In the case of Valley Mesquite Savannah, this proportionate reduction is approximately 50% of the remaining existing community in Kern County. Fauna - Concomitant with the permanent loss of natural habitat descrl-~bed above, is the permanent loss of wildlife populations which currently use this habitat as a resource base. The project site provides suitable habitat for a variety of wildlife species, among which are several sensitive species, the San Joaquin Kit Fox (Vulpes macrotis ssp. mutica), Blunt Nosed Leopard Lizard (Gambelia silus), Burrowing Owl (Speotyto cunicularia), and Nelsons Antelope Ground Squirrel (Ammos~er-mophilus nelsonlii). Although some of the displaced individuals may be successful in relocation to similar habitats in the surrounding area, they will most likely displace individuals already occupying the existing niche space in the surrounding lands. Therefore the cumulative effect will be a permanent reduction in the vicinal population of the various wildlife species inhabiting the project site. Based on the Draft EIR, approximately 24-32 San Joaquin Kit Fox and approximately 128 Blunt-Nosed Leopard Lizards would be displaced as a result of the project. Findings and Application Finding (3), above, applies to the approximately 2,560 acres of Valley Mesquite Savannah and Valley Saltbush Scrub and to displacement and potential loss of rare and endangered animal species. Supporting Facts The lands included in the project proposal are under private ownership and designated and zoned for agricultural uses by the County of Kern. Therefore, such agricultural conversion is an allowable use and not necessarily subject to any environmental discretionary decision. As such, suitable mitigation would not be required or necessarily addressed by any lead agency. Offsite mitigation may be suitable if lands similar in character and biological nature, not associated with the project, could be set aside through an open space easement or contribution to a land conservancy in equal proportion to those impacted by the project. However, such offsite mitigation is difficult and costly to arrange and in view of the probability that the private lands will be converted to agricultural use without required discretionary permits and suitable mitigation, the issuance of a Statement of Overriding Considerations is appropriate. The benefits of the proposed project in providing necessary land for the controlled release of treated effluent from City Treatment Plant No. 3 are deemed to outweigh the unavoidable adverse and significant environmental effects identified above. It is necessary to provide the proposed acreage concommitant with expansion of Treatment Plant No. 3 proposed for construction in 1984. Plant No. 3 expansion is needed in accordance with the recommendations of the West Bakersfield Sewer Study (1980), to address the ten year projected growth of the southwest part of the Bakersfield Metropolitan Area included in the City of Bakersfield General Plan; and WHEREAS, the City of Bakersfield Planning Commission, on the basis of the Finding and Statement of Fact, found that the significant environmental effects are acceptable on the basis of specific economic, social, or other considerations, including those described for a Statement of Overriding Consideration, making mitigation or alternatives to the project infeasible, and made the following findings: -3- 1. The above recitals are true and correct. 2. That the Final Supplemental EIR, consisting of the Draft Supplemental EIR (dated May 1984), the Responses to Comments (dated July 1984), and this Resolution have been completed in compliance with the California Environmental Quality Act, the State CEQA Guidelines, and City of Bakersfield Resolution No. 132-83. 3. That the said Final Supplemental EIR is an accurate and objective discussion of the proposed project alternative actions and adequately discusses and describes the environmental considerations. 4. That the "no project" alternative has been considered in the Final EIR; and WHEREAS, in consideration of the above statements and findings, the Planning Commission recommended to the City Council that the Final Supplemental EIR, with appended material, be certified as complete and in compliance with the California Environmental Quality Act, the State CEQA Guidelines and City of Bakersfield Resolution No. 132-83; and WHEREAS, the Council of the City of Bakersfield has reviewed the Draft and Final Supplemental EIR, including comments and responses thereto, and the recommendations of the Planning commission. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The findings of the Planning Commission are hereby adopted as the findings of this Council; 2. The Final Supplemental EIR, with appended material, is hereby certified as complete and in compliance with the California Environmental Quality Act, the State CEQA Guidelines, and City of Bakersfield Resolution No. 132-83; and 3. The project is hereby approved, subject to execution of necessary documents by the City of Bakersfield and TENNECO WEST, INC. .......... o0o .......... -4- 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 18th day of July, 1984, by the following vote: A~S: COUNCIL~ENt BARTON, CHILDS, CHRISTENSEN, MOORE, PAYNE, RAT[Y, ROCKOFF NOES: COUNCILMEN: L-~ t~l~, ABSENT: COUNCILA~EN: ~ ABSTAINING: Cf)i. INglki~[N: DEPUTY CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ~his 18th day of July, 1984 NLAYOR ofx~e City of Bakersfield APPROVED as to form: CITY ATTORN~of the C~ of Bakersfield AJS:mro 7-10-84 -5-