HomeMy WebLinkAboutRES NO 128-12(2)RESOLUTION NO. 128 -12(2)
AMENDMENT NO. 2 TO RESOLUTION NO. 128 -12 REVISING THE
REQUIREMENTS TO QUALIFY FOR A CUL -DE -SAC ON BEECH,
MYRTLE, SPRUCE, PINE, CEDAR, A, B, AND C STREETS SOUTH OF
24TH STREET.
WHEREAS, on November 14, 2012, the City Council adopted Resolution No. 128-
12, which allows for the closure of, and construction of cul -de -sacs on, Beech, Myrtle,
Spruce, Pine, Cedar, A, B, and C Streets south of 24th Street if certain requirements are
met; and
WHEREAS, on January 8, 2014, the City Council amended Resolution No. 128 -12
to clarify that cul -de -sacs on Beech, Myrtle, Spruce, Pine, Cedar, A, B, and C Streets
south of 24th Street meeting the requirements set forth in Resolution No. 128 -12 may be
constructed at a time agreed upon by the City's Public Works Director and the property
owners between 24'" and 22nd Streets on the street requesting the cul -de -sac; and
WHEREAS, at its January 8, 2014 meeting, the City Council also approved the
construction of cul -de -sacs on Myrtle and Pine Streets because those streets satisfied
the requirements set forth in Resolution No. 128 -12;
WHEREAS, at its January 22, 2014 meeting, the City Council further amended
Resolution No. 128 -12, as stated herein (specifically to reduce the percentage of
property owners needed in favor of the cul -de -sac to less than 100 %), to revise the
requirements to qualify for a cul -de -sac on Beach, Myrtle, Spruce, Pine, Cedar, A, B,
and C Streets south of 24th Street; and
WHEREAS, Staff has reviewed the circumstances surrounding the requested cul-
de -sacs on Spruce Street and A Street and has recommended that the City Council
approve the construction of cul -de -sacs on those streets since they have met the
revised requirements outlined below; and
WHEREAS, the process outlined in Resolution 128 -12 and its amendments for the
approval of cul -de -sacs applies only to cul -de -sacs on Beech, Myrtle, Spruce, Pine,
Cedar, A, B, and C Streets south of 24th Street.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals are true and correct and incorporated herein by
reference.
2. The language of Resolution No. 128 -12, and as amended, is hereby
repealed in its entirety, notwithstanding the recitals above, and replaced
by the following:
Page 1 of 3
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ORIGINAL
The Planning Commission's findings as contained in its Resolution
32 -12 are hereby adopted.
2. The Negative Declaration prepared for the 24th Street Cul -de -sac
Project is hereby adopted.
3. Upon receipt of a petition requesting that a cul -de -sac along the
south side of 24th Street at its intersection with Beech, Myrtle,
Spruce, Pine, Cedar, A, B, or C Street, as shown in attached Exhibit
A, be constructed, staff will review the circumstances surrounding
the requested cul -de -sac and make a recommendation to the City
Council whether to approve or deny the request for construction of
the cul -de -sac on that street; provided, however, that the following
conditions are met:
a. The petition requesting the cul -de -sac must be signed by at
least 75% of the property owners between 24th and 22nd
Streets on a street requesting a cul -de -sac; and
b. The owners of the properties adjacent to 24th Street on
each street requesting a cul -de -sac must agree to donate
sufficient property to construct the cul -de -sac to City
standards.
4. The City Council shall determine if said cul- de- sacs) should be
approved for the petitioning street; in accordance with this
process, cul -de -sacs are hereby approved for construction on
Spruce Street and A Street.
5. Cul -de -sacs approved for construction, under the parameters
herein, by the City Council may be constructed at a time agreed
upon by the City's Public Works Director and the property owners.
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ORIGINAL
HEREBY CERTIFY that the foregoing Amendment No. 1 to Resolution No 128 -12
was passed and adopted by the Council of the City of Bakersfield at a regular meeting
held on SAN 7 2 ?nu , by the following vote:
COUNCILMEMBER RIVERA, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
COUNCILMEMBER Mave k
ABSTAIN: COUNCILMEMBER n foes -
ABSENT: COUNCILMEMBER_�
APF
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ROBERTA GAFFORD, C
CITY CLERK and Ex O Icio Clerk of the
Council of the City of Bakersfield
I A ►1 f) n 7(171
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attor y
By:
ANDREW HEGLUN
Deputy City Attorney
AH:Isc
Exhibit A: 24th Street Cul -De -Sac Map
S: \COU NCIL \Resos\ 1314 \Amend2.12& 12CuIDeSacs.docx
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