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Home My WebLink AboutRES NO 049-09RESOLUTION NO. 0 4 9- 0 9 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CERTIFYING IT HAS RECEIVED, REVIEWED, EVALUATED AND CONSIDERED THE INFORMATION CONTAINED IN THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE AMENDED HILLSIDE DEVELOPMENT (HD) COMBINING ZONE ORDINANCE (CITY OF BAKERSFIELD MUNICIPAL CODE, CHAPTER 17.66) AND CERTIFYING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THE STATE CEQA GUIDELINES, AND THE CITY OF BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES. (SCH# 2008061069) WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on Monday, March 16, 2009 and on Thursday, March 19, 2009, on the Final Environmental Impact Report (EIR) for an amendment to the Hillside Development (HD) Combining Zone Ordinance (City of Bakersfield Municipal Code, Chapter 17.66) and recommended certification to the City Council. Notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the City of Bakersfield filed an application for an amendment to the Hillside Development (HD) Combining Zone Ordinance (City of Bakersfield Municipal Code, Chapter 17.66) for property generally located in the northeastern portion of the City of Bakersfield, as shown in attached Exhibit A, more specifically stated as follows: Amendment to the Hillside Development (HDI Combinina Zone Ordinance (City of Bakersfield Municipal Code. Chapter 17.66) The intent of the project is to allow for amendments to the City of Bakersfield's original Hillside Development Combining Zone Ordinance (City of Bakersfield Municipal Code, Chapter 17.66), adopted August 11, 1999. The area affected by the Amended HD Zone covers 6,531 acres. The Amended HD Ordinance provides additional requirements, in addition to those given in the original Hillside Development Ordinance, to protect views, regulate grading, roadway grades, and promote wildfire prevention efforts. The Amended HD Ordinance is intended to "define and implement the goals and policies of the Metropolitan Bakersfield General Plan as they relate to the preservation and maintenance of hillsides as a scenic resource of the City and to protect the general public from the threat of wildfire, hillside instability, and landslides."; and WHEREAS, on November 15, 2006, the City Council of the City of Bakersfield adopted Ordinance No. 4391, amending the Hillside Development (HD) Combining Zone of Title 17, Chapter 17.66 of the City of Bakersfield Municipal Code (Amended HD Ordinance), based on a Negative Declaration concerning the potential environmental impacts of the Amended HD Ordinance; and WHEREAS, DKS Investments, LLC filed a lawsuit challenging the adequacy of the City of Bakersfield's environmental review of the Amended HD Ordinance, in an action entitled DKS Investments, LLC, v. The City of Bakersfield, et al., Kern County Superior Court Case No. S-1500- CV-259731 KCT (Lawsuit); and <-~AKF9 Q), s~ U b ORIGINAL WHEREAS, on March 21, 2008, the Kern County Superior Court entered a Judgment in the Lawsuit and issued a Peremptory Writ of Mandate, directing the City of Bakersfield to void the Negative Declaration concerning the Amended HD Ordinance and to prepare, consider and certify an Environmental Impact Report (EIR) for the Amended HD Ordinance; and WHEREAS, pursuant to the Judgment and Peremptory Writ of Mandate in the Lawsuit, the Amended HD Ordinance was allowed to continue in full force and effect; and WHEREAS, in compliance with the Peremptory Writ of Mandate, the City of Bakersfield retained the professional consulting services of RBF Consulting to prepare the EIR and related documents; and WHEREAS, the City of Bakersfield prepared a Notice of Preparation for the EIR for the Amended HD Ordinance; and WHEREAS, the City of Bakersfield filed a Notice of Preparation with the State Clearinghouse on June 12, 2008 for a 30-day review period in accordance with CEQA; and WHEREAS, a public scoping hearing was held on July 10, 2008 to receive input from the public and agencies on the scope of the Draft EIR; 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 the project site, within 300 feet of the project site, and all those who requested notification at the Planning Commission public hearing(s) or requested special notice to the Development Services Department, on January 9, 2009 in accordance with CEQA for a 45 day review period which ended on February 23, 2009, in accordance with Section 15087of the State CEQA Guidelines; and WHEREAS, also on January 9, 2009, the City of Bakersfield filed a Notice of Completion and submitted the Draft EIR (SCH #2008061069) to the State Clearinghouse in accordance with CEQA, which commenced a 45-day period for public review and comment that ended on February 23, 2009; and WHEREAS, February 5, 2009, the Planning Commission of the City of Bakersfield held a public hearing on the adequacy of the Draft EIR in accordance with the provisions CEQA and the City of Bakersfield CEQA Implementation Procedures; and WHEREAS, the City of Bakersfield received and responded to public comments on the Draft EIR and prepared a Final Environmental Impact Report (Final EIR) for the Amended HD Ordinance; and WHEREAS, in accordance with CEQA Guidelines Section 15132, the Final EIR consists of the Draft EIR and appendices, the comments and recommendations received on the Draft EIR either verbatim or in summary, a list of persons, organizations and public agencies commenting on the Draft EIR, the responses by the City of Bakersfield to significant environmental points raised in the review and consultation process, and other information added by the City of Bakersfield; and WHEREAS, on March 16, 2009, the Final EIR was completed and was provided to commenting parties and agencies; and WHEREAS, at said public hearing held Thursday, March 19, 2009, the Planning Commission considered the Final EIR; and 2 C) ~PKF9- h ~fl r-` ~ d ORIGINAL WHEREAS, based on comments received prior to and at the March 19, 2009 Planning Commission hearing and based on responses to those comments, the Planning Commission recommended certification of the Final EIR to the City Council; and WHEREAS, by Resolution No. 08-09 on March 19, 2009, the Planning Commission recommended certification of the Final EIR for an amendment to the Hillside Development (HD) Combining Zone Ordinance (City of Bakersfield Municipal Code, Chapter 17.66) and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution and as restated herein; and WHEREAS, all required notices have been given in accordance with the State CEQA Guidelines, the City of Bakersfield CEQA Implementation Procedures, and the City of Bakersfield Municipal Code; NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals and findings incorporated herein by reference are true and correct and constitute the findings of the City Council in this matter. 2. The City Council hereby finds that the laws and regulations relating to the preparation and adoption of Environmental Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by City staff, and the Planning Commission. 3. The City Council has considered the Final EIR for adequacy, completeness and good faith effort at full disclosure and hereby certifies that the Final EIR has been completed in compliance with CEQA. 4. The City Council further hereby certifies that the Final EIR was presented to the City Council, as the decision-making body of the Lead Agency, and that the City Council received, reviewed and considered the information contained in the Final EIR. 5. The City Council further hereby certifies that the Final EIR reflects the lead agency's independent judgment and analysis. 6. The City Council hereby finds that the Final EIR concluded the Amended HD Ordinance would not have any significant effects on the environment and, therefore, the City Council further finds and determines that there are no significant effects on the environment for which findings of fact and a mitigation monitoring and reporting program must be adopted pursuant to Public Resources Code section 21081.6 and CEQA Guidelines section 15091(d). 7. The City Council further finds that all of the foregoing findings are supported by substantial evidence in the record of the proceedings before the Planning Commission, which is maintained by the City's Planning Director in the Planning Department's offices at 1715 Chester Avenue, Bakersfield, CA 93301, and of the proceedings before the City Council, which is maintained by the City Clerk in the City Clerk's offices at 1600 Truxtun Avenue, Bakersfield, CA 93301. 8. Pursuant to Public Resources Code section 21152 and CEQA Guidelines section 15094, the Planning Department of the City is hereby directed to file a Notice of Determination G gAKF~ with the County Clerk of Kern County. Unless the Proposed Project is declared exempt a, s~ a n~ 3 ORIGINAL herein and a Certificate of Filing Fee Exemption is on file, the Proposed Project is not operative, vested or final until the filing fees required pursuant to Fish and Game Code section 711.4 are paid to the Clerk of the County of Kern. 9. The Office of the City Attorney of the City of Bakersfield is hereby directed to make and file a final return on the Peremptory Writ of Mandate in the Lawsuit to inform the Kern County Superior Court of the action taken herein by the City Council in certifying the Final EIR for the Amended HD Ordinance in full compliance with the requirements of the Peremptory Writ of Mandate. ---------000 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 April 22, 2009 by the following vote: AYES:. COUNCILMEMBER N-V50'1'1 , 6UthC YI , Wl f r, C.o~~, R6--K-',Vn, SLCaVav, , $c~l Vr~~l COUNCILMEMBER-AZ,,.Q- ' ABSTAIN: COUNCILMEMBER_4&2v-- ABSENT: COUNCILMEMBER m_. ° - PAMELA A. McCARTHY, try CITY CLERK and Ex Offic o Clerk of the Council of the City of Bakersfield AP HARVLXY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GERO City Attorne . 4 ; Q4e, 4"6 EXHIBIT A Map of Hillside Development Zoning Location JS - S:\GPA 1st 2009\Chapter 17.66 (Hillside Ordinance EIR)\Reso_Ord\CC Reso Cert FEIR_Final.doc 4 ~ gAkF~~ r ORIGINAL Exhibit A Map of Hillside Development Zoning Location GgNK&,~ o, q11 in i- T ORIGINAL AMENDED HILLSIDE DEVELOPMENT (HD) COMBINING ZONE ORDINANCE LOCATION 29 m n K Ls s n - n zs a V s 4 CHINA GRADE LOOP 1 b pv I~~ ti S EO/~~ ~ o ac r- _ N ~ asf 1{ M EL. - ?3 cmm NOT o ~ N j N "-"GE RD HILLSIDE ORDINANCE BOUNDARY Ir Cdy Limits rcti w 34 x s + Q » ,tee o :aoo Sao Feet DATE! 6-6.08 KD 3 x , HILLSIDE-ZONE U N