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HomeMy WebLinkAboutRES NO 39-76RESOLUTION NO. 39-76 A RESOLUTION OF' THE COUNCIL OF THE CITY OF BAKERSFIELD CERTIFYING THE ADEQUACY, ACCURACY AND OBJECTIVITY OF THE FINAL ENVIRONMENTAL IMPACT REPORT RE THE PROPOSED SIGN ORDINANCE, STATING THE COUNCIL HAS REVIEWED AND CONSIDERED THE INFORMATION CONTAINED THEREIN, MAKING CERTAIN FINDINGS AND APPROVAL OF THE PROJECT. WHEREAS, a Draft Environmental Impact Report re a proposed sign ordinance for the City of Bakersfield, dated August, 1975, was prepared by the Community Development Department and Circulated for review by the public in accordance with the requirements of law and regulations; and WHEREAS, a duly noticed public hearing was held and con- ducted by and before the City Planning Commission on October 1, 1975, at which hearing oral and written comments on the Draft EIR were received; and WHEREAS, the staff of the Community Development Department having included with the Draft EIR a list of persons and orgaB~za- tions commenting on the Draft EIR, and the comments and recommen- dations received in the review, and public hearing stages of the EIR process, by such persons and organizations together with responses by such staff to significant environmental points raised, the Final Environmental Impact Report on such project, dated November, 1975, has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 10-75; and WHEREAS, the Planning Commission, on November 19, 1975, determined to certify the Final Environmental Impact Report as completed in compliance with the California Environmental Quality. Act, the State EIR'Guidelines'and ReSOlution No. 10-75'; and WHEREAS, five main alternatives have been considered in the Final EIR as follows: (1) No project. (2) The Sign Ordinance draft as presented to Citizens' Co~L~ittee by the Council Co~m~ittee on Water and City Growth, con- taining revised section on signs in the Architectural Design Zone; (3) No. (2) alternative, with deletion of amortization provisions. (4) No. (2) alternative, with more stringent controls as to type, area, number, height and location of signs permitted in the various zones in the City; and (5) Model Street Graphics Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: 1. That the Final Environmental Impact Report dated November, 1975, prepared by the City Community Development Depart- ment, has been completed in compliance with the California Environ- mental Quality Act, the State EIR Guidelines and City of Bakersfield Resolution No. 10-75 and this City Council has reviewed and con- sidered the information contained in the Final EIR. 2. That the Final Environmental Impact Report is an accurate and objective discussion of'~-the proposed project--a sign ordinance for the City of Bakersfield--and adequately discusses and described all of the environmental considerations which need to be considered priqr to the evaluation or approval of such project. 3. That it is determined that the project is necessary to lessen the visual pollution and degradation existing in the City and the Sign Ordinance Draft presented to the Citizens' Committee as revised, viz: Alternative No. (4), is the best alternative to accomplish the purposes of the project. 4~"That the project will have a significant effect on the business community, individuals engaged in business and the sign industry, particularly in the following matters: (a) Temporary signs, '~" frames, portable signs, vehicle signs, window signs exceeding specified limitations, adver- tising statuary, signs which do not identify the occupant of a building or the merchandise or activity available or being con- ducted where the signs are located and signs in excess of the number specified, are made nonconforming by the provisions of the ordinance and are required to be made to conform or removed within one year. (b) Flashing signs and moving and rotating signs except as otherwise provided, outlining of buildings, windows and roofs, except as otherwise provided and signs not illuminated in accordance with the ordinance are made nonconforming and are required to be made to conform or removed within five years. (c) All other signs made nonconforming by the pro- visions of the ordinance must be made to conform or removed within ten years. (d) No new business may erect and maintain signs which will be prohibited by the provisions of the ordinance, upon adoption thereof. 5. That in many cases the requirement to make nonconform- ing signs conform or to remove such signs will be expensive to the business man. 6. That the proposed project represents a plan which describes what the City Council desires to achieve in a period of ten years in order to realize the purposes, objectives and results set forth in the first section of the chapter proposed for adoption. 7. That the proposed project contains social, economic and environmental benefits which will arrest the unattractive pro- liferation of signs which have a tendency to pollute and degrade the environment and reduce property values in the community; and cause to be removed signs which are prohibited; and that such benefits outweigh any adverse environmental risks associated therewith; and that the business corf~fxunity and individual businesses will be bene- fitted in the long term although many will incur short-term financial disadvantages. 8. That the proposed project is environmentally more desir- able than the alternatives which were considered, with the debatable possible exception of the Model Street Graphics Ordinance, which is rejected by the approval herein of the proposed project. 9. In consideration of the above findings a~"determined by this body, the City Council approves the project described as Alternative No. 4. 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 June, 1976, by the following vote: ABSENT COUNCiLi,;..."~ ' ABSIAINING .... ~\,~ ~ ,' CITY%RK and E Officio Clerk ~f the ~-~:~,~'~,~, ,, Council o~Bakersfie d APPRO~~ilS 't4b~ f June, 1976 Bakers field