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HomeMy WebLinkAboutRES NO 034-02RESOLUTION NO. 0 ~ 4 "" 0 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DENYING AN APPEAL BY PORTER-ROBERTSON ON THE DECISION OF THE PLANNING COMMISSION TO DENY THE REQUEST TO ELIMINATE A PUBLIC BIKE ROUTE IN NORTHEAST BAKERSFIELD (P01- 0758). WHEREAS, Kyle Carter Homes requested to delete a Class III Bike Route between Paladino Drive; and WHEREAS, a Class III Bike Route is required by the Specific Trails Plan adopted by the City Council in March 1996 (amended February 14, 2001); and WHEREAS, the designation of a private street as a public bike way was found to be incompatible; and WHEREAS, the subdivider proposed a bike path in-lieu of a Class III route which was approved; and WHEREAS, the Planning Commission set Thursday, January 17, 2002, at the hour of 5:30 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public meeting before the Commission and the notice for the hearing was given in the manner proved by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, at the hearing the application was duly heard and considered, and the Planning Commission denied the request; and WHEREAS, the City Council through its clerk set March 6, 2002, at the hour of 7:00 p.m. in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before said Council on the appeal, as notice of said hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, at the above mentioned public hearing, all facts, testimony and evidence concerning the project were considered by the Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD as follows: The City Council hereby adopts the Planning Commission findings as contained in their resolution. The City Council hereby finds that based on public necessity and safety considerations that there should be a set of bicycle lanes through Tentative Tract 6000 instead of a bike path. 3. The City Council hereby upholds the decision of the Planning Commission to deny the request to delete the bike route. ......... 000 ........ I HEREBY CERTIFY that the foregoing Resolution was passed ar~d.opte~c~,y the Council of the City of Bakersfield at a regular meeting thereof held on . by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNClLMEMBER t~ ~'~ --~~ CITY CLERK and Ex Officio,~lerk of the Council of the City of Bakersfield"' APPROVED MAYOR of the City of BakerFfield APPROVED AS TO FORM: MG:pjt February 26, 2002 S:\GPA I st Qtr 2002~P01-0758\res-cc.wpd -2-