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HomeMy WebLinkAboutRES NO 37-86RESOLUTION NO. 37-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, CERTIFYING SUBSEQUENT ENVIRONMENTAL IMPACT REPORT AND APPROVING SEGMENT I OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT AND A RELATED AMENDMENT TO THE CIRCULATION ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 1-86). WHEREAS, the Council of the City of Bakersfield referred Segment I of a proposed amendment to the Land Use Element and a related Circulation Element amendment to the Bakersfield Metropolitan Area General Plan to the Planning Commission; and WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65351 of the Government Code, held a public hearing on March 20, 1986, on Segment I of a proposed amendment to the Land Use Element of the General Plan and the related Circulation Element amendment, 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 cir- culation; and WHEREAS, such Segment I of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, and the related Circulation Element amendment, are as follows: Segment I: ERNEST HAHN, INC. has applied to amend the General Plan Land Use Element designation from Medium Density Residential to Commercial on 31.5 acres located in northeastern Bakersfield, near the Highway 178/Oswell interchange. ERNEST HAHN, INC. has also applied to amend the General Plan Circulation Element to delete Wenatchee Avenue as a major collector street between Columbus Street and Bernard Street. WHEREAS, for the above-described Segment, an Initial Study was conducted, and it was determined that, the proposed project would require a Subsequent Environmental Impact Report (SEIR) to address certain environmental effects associated with changes and revisions from the previous (1979) proposal for the Eastside Shopping Center; and WHEREAS, the law and regulations relating to the certi- fication and adoption of such Final Subsequent Environmental Impact Report (FSEIR) as set forth in CEQA and City of Bakersfield Resolution No. 132-83 have been duly followed by the City staff and the Planning Commission as Commission Resolution No. 36-86; and WHEREAS, by Resolution No. 27-86 detailed in Planning on March 20, 1986, the Planning Commission recommended approval and adoption of Segment I and the related Circulation Element amendment by this Council 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 May 7, 1986, on the above-described Segment I of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and the related Circulation Element amendment, notice of time and place of the hearing having been given an least ten (10) 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 its Resolution No. 36-86 are found to be true and correct. 3. The Final Subsequent Environmental Impact Report (FSEIR) prepared for the Eastside Shopping Center in conjunction with Segment I of the proposed amendment to the Land Use and 2 Circulation Elements of Bakersfield Metropolital Area General Plan conforms with the requirements of the California Environmental Quality Act (CEQA) 1970, including subsequent amendments, and City of Bakersfield Resolution 132-83 and is cer- tified as adequate, with all recommended mitigation mesures iden- tified on Pages 5 to 12 in the staff report. 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 City Council hereby approves and adopts Segment I of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and the related Circulation Element amendment which project incorporates, with the consent of the applicant, the conditions and mitigation meas- ures set forth in the FSEIR, in Planning Commission Resolution 36-86, and in the staff report. 6. That Segment I, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 1-86. .......... o0o .......... 3 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 7th day of May , 1986, by the following vote: Council of the City of Bakersfield APPROVED this 7th day of May , MAYOR of the City of Bakc~ssfield 1986 APPROVED as to form: CIT~ ATT~A~EY of t~-C'ty of Bakersfield AJS/bl 5 R.SEGMI-1 4 .-/'NORTH I" = 800' GPA 1-86 SEGMENT