HomeMy WebLinkAboutRES NO 177-91RESOLUTION NO.;2 7 7 - 9 ~.
A RESOLUTION APPROVING THE PROPOSED NEGATIVE
DECLARATION FOR THE MEDIAN MODIFICATION OF
TRUXTUNAVENUE BETWEEN "L" TO "Q" STREETS.
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 THURSDAY, May
16, 1991, on proposed Negative Declaration, notice of the time
and place of hearing having been given at least twenty-one (21)
calendar days before said hearing by publication in the
Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, such Negative Declaration is for the
following:
Median Modification of Truxtun Avenue from "L" to "O"
Streets
CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT proposed a
phased Capital Improvement Program and Master Landscape
Plan on Truxtun Avenue from "L" to "Q" streets to
greatly improve traffic operations and level of
service, reduce potential conflicts and reduce the
number of traffic accidents. Traffic improvements
include installation of traffic signals, modifications
to medians, removal of three evergreen trees and
installation of six replacement evergreen tress.
and
WHEREAS, for the above-described project, an Initial
Study was conducted and it was determined that the proposed
project would not have a significant effect on the environment
and a Negative Declaration was prepared and posted on May 28,
1991, accordance with CEQA; and
WHEREAS, the law and regulations relating to the
preparation and adoption of Negative Declarations as set forth in
CEQA and City of Bakersfield Resolution 107-86 have been duly
followed by the city staff and the Planning Commission;
and
WHEREAS, the Council of the City of Bakersfield
approved the Circulation Element of the Metropolitan Bakersfield
2010 General Plan; and
WHEREAS, the Circulation Element set forth goals and
policies for streets in the planning area; and
WHEREAS, it is a goal of the Circulation Element to
provide a safe and efficient street system that links all parts
of the area for movement of people and goals; and
WHEREAS, the Median Modification on Truxtun Avenue
between "L" to "Q" Streets will move people and goals more safely
and efficiently upon implementation; and
WHEREAS, by Resolution No. 42-91 on July 18, 1991, the
Planning Commission recommended approval and adoption of this
project and this Council has fully considered the findings made
by the Planning Commission as set forth in that Resolution; and
WHEREAS, the Council of the City of Bakersfield, in
accordance with the provisions of Section 65355 of the Government
Code, conducted and held a public hearing on WEDNESDAY, AUGUST
14, 1991, notice of time and place of the hearing having been
given at least ten (21) calendar days before the hearing by
publication in the Bakersfield Californian, a local newspaper of
general circulation.
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, are true and correct.
2. The findings of the Planning Commission, set forth
in Resolution 41-91, are true and correct.
3. The Negative Declaration for Median Modification on
Truxtun Avenue between "L" to "Q" Streets is hereby approved and
adopted.
4. The report of the Planning Commission, including
maps and all reports and papers relevant thereto, transmitted by
the Secretary of the Planning Commission to the City Council, is
hereby received, accepted and approved.
5. The proposed project would not have a significant
adverse effect on the environment.
6. Public necessity, convenience, general welfare and
good planning practices justify the project.
7. The proposed Median Modification on Truxtun Avenue
between "L" to "Q" Streets will be consistent with development in
the project area.
2
8. The City Council hereby approves and adopts Median
Modification for Truxtun Avenue between "L" to "Q" Streets as
shown on the map marked Exhibit "A", attached hereto and
incorporated as though fully set forth, for property generally
located on Truxtun Avenue from "L" to "Q" Streets.
.......... 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 AU8 1 4 J99! by
the following vote:
AYES; COUNC~MEMBERS: EDWARO~.~, D~&OND, SMITH, 9RUNNI, PETERSGN, M~, SALVAGGIO
NOES; COUNCILMEMBERS: /f/c ~,~7~ 7'?"
ABSENT COUNCILMEMBERS:
A~TAIN: COUNCIl. MEMBERS'
CITY C an Ex O icio Clerk of the
Council of the City of Bakersfield
APPROVED AU$ ! 4 1991
CLARENCE MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
pjt
a:cc.tmm
4
8
EXHIBIT A
PL/C, 7/18/91 Page 17
ll.
12.
Zone District (continued)
this
some
tive to
Realtors.
Powers felt nothing has come forward concerning the effect
will have on the private property rights, except that
being taken away. He felt possibly it wouldbe produc-
the specific comments of the BIA and Board of
In response to a
bodies had committees
the first time because
like the opportunity to
both bodies, which he
authority.
by Chairman Marino, Mr. Devereaux said both
have discussed this. They did not catch this
notices, which is why they would
this. There are specific concerns by
discuss because he was not given the
In response to a question by Chairman Mr. Hardisty said if it
is the Commission's desire this item discussed with the BIA and
Board of Realtors. Mr. Marino agreed ~ardisty's previous com-
ments that this is the forum for hearing with the ordinance.
He felt it maybe beneficial for the \to hear the comments of
the BIA and Board o~ Realtors. ~
Motion was made by Commissioner Rosenlieb, seconded ~ Commissioner
Messner to adopt the Negative Declaration for this prd~ect and approve
the amendments to ~e C-2 Zone as proposed and recommendsame to the
City Council. Motion carried by the following roll call ~:
AYES: Commissioners Bjorn, Cohn, Frapwell, Messner, ~ers,
· R~senlieb, Marino ~
A~k~flgT. Commissioner Anderson ~
PUBLIC HEARING - P~)POSEDNEGATIVE DECLARATION OFMEDIANMODIFICATICNS
ON TRUXTUNAVENUE
Staff report was given.
Public portion of ~%e hearing was opened.
Norman Walters was present to speak in opposition. He stated he does
not oppose any safe movement of traffic or increase in beauty to the
City. He said he has seen a deterioration of the beauty of Truxtun
Avenue· His concern is for the sacrificing of trees for traffic
lights. He felt the turnouts couldbe accomplished without removing
trees. He said the trees should not be destroyed. He felt the speed
limit could be reduced eliminating the need for removal of the trees.
Carol Miranda spoke saying these trees are about 60 years old. She
disagreed with the staff report that cutting these trees will not have
an effect on the environment. She felt the community was being
destroyed and not k~ing made better. She felt the "no trees removed"
option should be approved.
Minutes, PL/C, 7/18/91 Page 18
12. Proposed Negative Declaration Median Modifications Truxtun Avenue
(continued)
Dennis Fox spoke saying he is in favor of trees, and asked about the
status of the tree ordinance. He felt trees should be replaced as they
are removed. Chairman Marino clarified more trees are being planted
than removed. Mr. Hardisty said he is aware the CDDA is working on a
master tree plan, and recommended that he speak to staff about this.
Public portion of the hearing was closed.
In response to a question by Co~znissioner RDsenlieb Mr. Walker, Traffic
Engineer said two projects for improvement of Truxtun Avenue were split
and he was not aware of any other locations in the downtown area where
tree relocations would be needed.
Cc~missioner Rosenlieb stated she felt the City is not sacrificing the
trees for parking, but for safety reasons. She thanked those who spoke
on this item.
Commissioner Messner reiterated that the positive environmental effects
of planting six new trees should be recognized. The safety improve-
ments offered by this plan cannot be ignored.
Commissioner Powers felt the City rarely gets the opportunity to miti-
gate something of this nature in a positive way such as in ~lis case.
Commissioner Frapwell felt if the traffic situation can be alleviated
it should be done. He asked that additional tree planting be looked
into for the area located between "Q" and the overpass because there
are some bare spots in this area.
Motion was made by Commissioner Rosenlieb, seconded by Commissioner
Frapwell to adopt fhe negative declaration and approve landscape and
median improvements for TruxtunAvenuebetween "L" and "Q" Streets and
recomend same to fhe City Council. Motion carried. Commissioner Cohn
voted no.