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