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HomeMy WebLinkAboutRES NO 43-79RESOLUTION NO."'~43~79 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS.AND DENYING AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD. METROPOLITAN AREA GENERAL PLAN AND DENYING CERTIFICATION OF FINAL ENVIRON- MENTAL IMPACT REPORTS. 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 April 18, 1979, on proposed amendments to the Land Use Element of the Bakersfield Metropolitan Area General Plan, notice of the time and place of the hearing having been given at least ten (10) calendar days before said hearing by publication in a local newspaper of general circulation; and WHEREAS, such proposed amendment to the Land Use Element of the Bakersfield Area General Plan concerned, among others, the following area: This area is generally located northerly of Bernard Street, easterly of Mt. Vernon Avenue, south of Freeway'178-and west of Oswell Street. The project area contains approximately 104 acres of vacant land. It is proposed to incorporate a commercial nomen- clature to the majority of project area land use rather than medium- density residential as presently depicted on the Land Use Element Map. Said area is delineated on Exhibit A as Segment I. Said Exhibit A is appended hereto and is hereby incorporated herein. WHEREAS, by Resolution No. 22-79, adopted April 18, 1979, .the Planning Commission of the City of Bakersfield made findings and approved the hereinbefore proposed amendment in accordance with Section 65354 of the Government Code, and transmitted its report to the City Council on May 9, 1979. WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of.the GoVernment Code held a public hearing on May 16, 1979, on said proposed amend- ments to the Land Use Element, notice of the time and place of the hearing having been given at least ten (10)calendar days before the hearing by publication in said local newspaper. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows: That the above recitals incorporated'herein, are true and correct· II. That the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, consists of the area described above and specified in the Environmental Impact Report referred to herein. III.' That as to the area above described, the Planning Commission of the City of Bakersfield, by its Resolution No. 17-79, made findings and recommended certification by the City Council of completion of the Final EIR for the subject area of the General Plan Amendment. IV. That by this Resolution adopted by the City Council on May 16, 1979, the Council does hereby declare that it has reviewed, evaluated and considered the information contained in the Final EIR and certifies that it has been completed in compli- ance with CEQA, the State EIR guidelines and City Council Resolution No. 24-77, but following due hearing and deliberation finds the same to be inadequate as to economic impacts and mitigation measures. .V. That the following declarations and findings are made: A. The project will cause an increase in traffic, whic~ is substantial, compared t~'~he relationship with existing traffic load and the existing capacity of the street system. B. The alternative site locations in the EIR were not adequately discussed. C. The reasonable alternatives of the proposed project were insufficient, i.e., the alternative locationsof such a project' which could feasibly attain the same ob. jective in years to come were inadequate. D. The statement in the Final EIR that, "It appears that there will be no significant adverse economic impact on the community if the project is approved and constructed, with the possible exception being increased difficulty in procuring principal tenants for the proposed downtown regional center due to perceived competition resulting from this proposed project," is a valid and real conclusion. A further analysis of the EIR by the City's economic consultant for the Redevelopment Agency concludes that it would, in fact, be difficult to attract investor or major tenant interest in a market area with the low sales volume as projected in the EIR. VI. That the amendment to the Land Use Element of the Metropolitan Area General Plan consisting of the above-described segments or areas and as shown in the Environmental Documents is hereby denied. VII. That the proposed Final Environmental Impact Report is not certified. .o0o j 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 16th day of May, 1979, by the following vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, MEANS, A/~L~, 1~5, RATTY, ~ ABSTAINING: COUNCILMEN: ~ ~ ' ~~ ~iL/~,0f Bakersfield APPROVED as to--for~: CITY ATTORNEY of the ~ of Bakersfield the