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HomeMy WebLinkAboutRES NO 110-83NO. 110-83 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DECLARING THAT IT HAS REVIEWED, EVALUATED, AND CONSIDERED THE INFORMATION CONTAINED IN THE FINAL EIR :~AK.~G FINDINGS AND CERTIFYING THAT SAID , IIq,,L EIR HAS BEEN COI.,.LETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THE STATE EIR GUIDELINES AND CITY COUNCIL RESOLUTION NO. 60-80. WHEREAS, the Redevelopment Agency Lss proposed the aevel- opment of the Truxtun Galleria mixed use office/commercial development that will include: 1. Acquisition of the site for the proposed development. 2. Closure of Eye Street between Truxtun Avenue and 17th Construction of two office towers stories in height and a retail mall Street. 3. 'thirtee, square feet. of eighteen and approximately 90,000 4. Construction of new parking facilities including a fSve level parking structure. WEEREAS, a Draft Environmental Impact Report on the proposal was prepared by the City of Bakersfield Economic Development/ Redevelopment Division of the C~ty Manager's Office, circulated and distributed in accordance with the requirement of law and applicable regulations, the distribution list being included in the Final Environmental Impact Report and WHEREAS, public and/or private agencies and/or individuals submS':ted written comments on the Draft Environmental Impact Report, ~s listed in the Final EnvJronmental Impact Report; and W}iEREAS, a duly noticed public hearing was held and con- ducted by and before the C~ty of Bakersfield Redevelopment Agency ........... ~ ...... ~ ~ p~,,~ ~q~d by Aqency ~esolution RA5-80, on August 17, 1983, at which hearing the public was entitled to comment on the Braf~ Environmental Impact leport; and WHE~..~AS, the City has ~esponded in writing to all signifi- cant poi~ts raised by the public and private agencies and individuals in the review and public hearing process, and the Final Environmental Impact Report, consisting of the Draft Environmental Impact f~eport, comments and recommendations received on the Draft Environmental Impact Report, including a list of persons or organizations and public agencies com- menting on the Draft and the responses of the city as afore- said has been completed by the Economic Development/Redevelopment Division of the City Manager's Office and placed on the Agenda of the Special Meeting of the Redevelopment Agency on August 17, 1983, for evaluation and consideration by said Agency; and WHEREAS, the City of Bakersfield Redevelopment Agency, on the basis of the proposed Truxtun Galleria development EIR identifies a number of significant or potentially significant effects associated with the approval of the recommended proposed development Plan; and WHEREAS, the California Environmental Quality Act requires of the following findings as to each significant effect: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the Final EIR. (2) Such changes or alterations are within the responsi- bility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social,'or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR; and WHEREAS, such findings are supported by substantial evi- dence in the record summarized for each identified significant or potentially significant effect, below, accompanied by a state- ment of the facts supporting each finding: Ao SOILS: PrnT~osed structural development may exceed a-~able soil pressure limitations. All uses within the Grangeville-Hesperia Soil Association have a high limitation for untreated steel pipe. Findings and Application: Finding (1), above, applies to area. Su~ortin~ F~cts: ?ind~ng (I) ~01~lies to use with site specific soil testing for acceptable loading and appropriate mitigation in allowed use, design or construction. Bo GEOLOGY/SEISMOLOGY: Development subject to ground shaking, and llooding is possible in the event of the failure of the Lake Isabella Dam. Findings and Application: Finding (1) applies to the site and the proposed development. Supporting Facts: Finding (1) applies in the adherence to a unilorm building code for all construction. C o LAND USE: Project will result in change of land use by more intense utilization of land. Findings and Application: Finding (1) applies to this project. Supporting Facts: Development plan incorporates open space and increased parking facilities which will retain some of present land use character. CIRCULATION: Project will close portions of Eye Street. An additional 9,500 ADT will be generated by the project. Supporting F~cts: Development plan delineates the method ~.n whzch the proposed system can accommodate the additional traffic. ECONOMIC FACTORS: Project will accelerate present growth. Full development of the project will increase present employment and generate secondary service jobs in the area. Findings and Application: Finding (2) applies to the project. Supporting Facts: Enforcement of e~ual opportunity legzslati~n will enhance job opportunities for local residents. LOSS OF CULTURAL RESOURCES: The project as proposed will eliminate the existing Hall of Records building resulting in the loss of the structure as a potential historic structure. Findings and Application: The restoration of the Hall of Records buildzng to its original 1908 condition would provide a valuable historic and cultural resource for the City. Given the economic considerations of such a project, it would be economically and feasibly difficult for any public agency to do so, and, therefore, would not justify a "no-project alternative". Supporting Facts: Mitigation measures are herein in- corporated requiring the use of portions of the interior of the structure that physically and economically can structure and tower building 'proposed for the corner of Chester Avenue and Truxtun Avenue. WHEREAS, the City of Bakersfield Redevelopment Agency, on the basis of the Findings and Statement of Facts, has determined that the significant environmental effects raised in the EIR have been eliminated or substantially lessened and that any remaining, unavoidable significant effects have been found acceptable on the basis of specific economic, social or other considerations making additional mitigation or alternatives to the project infeasible and that no significant adverse environ- mental effects will result from modifications and additions recommended by the Redevelopment Agency from the areas identified in the EIR; and NOW, THEREFORE, THE CITY COUNCIL HEREBY DETERMINES, FINDS AND RESOLVES AS FOLLOWS: 1. The above recitals are true and correct. 2. That the Final EIR dated July 1983, including City response as an appended document, has been reviewed, evaluated and considered by the Redevelopment Agency. 3. That the Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and the City of Bakersfield Resolution No. 60-80. 4. That the said Final EIR is an accurate and objective discussion of the proposed project and adequately discusses and describes the environmental considerations and mitigations measures. 5. That the various alternatives to the project, including "no project" have been considered in the Final EIR. 6. That in consideration of the above statements and findings, the City Council certifies the Final EIR, with appended material including information contained in this Resolution, as complete and in compliance with the California Environmental Quality Act, the State EIR Guidelines and City of Bakersfield Eesolution No. 60-80. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at the August, AYES: Barton, NOES: None ABSENT:Means, Special Meeting thereof held on the 17th day of 1983 by the following roll call vote: Christensen, Payne, Rockoff Ratty CI~f CLERK and Ex ~fficio Clerk of the Cou~cil of the City of Bakersfield APPROVED ~is 17th day of Au~gust, 1983 ~7Y0~ of ~;he C~'~y of BsRersfield APPROVED as