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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.