HomeMy WebLinkAboutRES NO 13-77 (2)RESOLUTION NO. 13-77
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS AND CERTIFYING
THE COMPLETION, IN COMPLIANCE WITH CEQA AND
GUIDELINES, OF THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR REZONING APPLICATION NO. 2708
(OSWELL AND AUBURN STREETS).
WHEREAS, a Draft Environmental Impact Report (Draft EIR)
for Rezoning Application No. 2708 (Oswell and Auburn), dated October,
1976, was prepared by the City of Bakersfield Development Services
Department and circulated by and through the Kern County Council of
Governments, the area-wide clearinghouse for the City of Bakersfield,
in accordance with the requirements of law and applicable regulations;
and
WHEREAS, a duly noticed public hearing was held and con-
ducted by and before the City of Bakersfield Planning Commission in
accordance with the procedures required by City Resolution No. 10-75,
on November 17, 1976, at which hearing coff~iients on the Draft EIR were
received; and
WHEREAS, various public agencies and private individuals
have furnished written comments on the Draft EIR; and the City has
responded to all significant environmental points raised by the pub-
lic agencies and private persons commenting in writing and any such
points raised in the consultation, review and public hearing process;
and
WHEREAS, the Planning Commission of the City of Bakersfield,
on January 19, 1977, by Resolution No. 2-77, recommended certification
of the Final EIR by the City Council.
NOW, THEREFORE, the Council of the City of Bakersfield
hereby determines, finds and ~ESOL~ES as follows:
1. That' Rezoning Application No. 2708 proposes that for
Parcel '~" the zoning boundaries be changed from R-1 to C-2-D and
for Parcel "B" the zoning boundaries.be changed from R-1 to R-3-D;
the applicant orally had modified his request'relative to Parcel "B"
to the more restrictive R-2-D. That both parcels affect those cer-
tain properties in the City of Bakersfield located on the east side
of Oswell (Parcel "A") and between Auburn and the Rt. 178 Freeway
(Parcel "B~'. )
2. That the amendment above referenced is in conformity
with the Bakersfield Metropolitan Area General Plan.
3. That the Final Environmental Impact Report (Final EIR),
dated January, 1977, prepared by the City of Bakersfield Development
Services Department has been completed in compliance with the
California Environmental Quality Act, the State EIR Guidelines, and
City of Bakersfield Resolution No. 10-75 and this City Council has
reviewed, considered and evaluated the information contained in said
Final EIR.
4. That said Final EIR is an accurate and objective dis-
cussion of the proposed project and adequately discusses and des-
cribes all of the environmental considerations and mitigation measures
which need to be considered prior to the approval of the proposed
project.
5. That the cumulative traffic impact on the Highland High
SchoOl, Chipman Junior High School and Eissler Elementray School area
will be mitigated by the meeting of conditions, i.e. improvements
and dedications, imposed on Tentative Tracts 3867 and 3868, to assure
a continuous and safe circulation path to. Rt. 178 via Fairfax.
6. That the alternatives to the project as proposed have
been explored and evaluated, including the no-project alternative.
7. That after due and careful consideration and evalua-
tion of all the factors raised in the Final EIR, the Council approves
the recorf~f~endation of the Planning Commission that Parcel '~" (east
side of Oswell at Auburn) be rezoned from R-1 to C-1-D and that
Parcel "B" (between Auburn and Rt. 178 Freeway) be rezoned from
R-1 to R-2-D.
8. That although the project will not have a substantial
adverse effect on the environment, it is determined that the proposed
project contains social and economic benefits which outweigh any
environmental risks associated with the project.
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 on the 14th day of February, 1977, by the follow-
ing vote:
AYES: COUNCILMEN ARTON, BLEECKER, CHRISTENSEN, MEDDERS, ROGERS, SCEALES, STRONG
NOES: COUi'~CIL~,."iN:~ ~ .
Ass:~-iT c ,7~, '?_: C~%7 ~ ~ ~ .
ABSTAiNiNG COU~;C~L,C.'E~]: (/r7~6'~_)
CITY EE~~and Ex Clerk of the
Council of the City of Bakersfield
3.