HomeMy WebLinkAboutRES NO 117-15RESOLUTION NO. 1 17 1.5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD RESCINDING RESOLUTION NO. 048 -15
(ADOPTION OF MITIGATED NEGATIVE DECLARATION FOR
GPA /ZC 14 -0444 LOCATED AT THE NORTHWEST CORNER
OF SOUTH FAIRFAX ROAD AND EAST WILSON ROAD),
RESOLUTION NO. 049 -15 (APPROVAL OF GPA /ZC 14-
0444), AND FIRST READING OF ZONE CHANGE 14 -0444.
WHEREAS, on May 5, 2015, the City Council adopted a mitigated negative
declaration (Resolution No. 048 -15) for a proposed multi - family residential
development project located at the northwest corner of South Fairfax Road and
East Wilson Road ( "Project "):
WHEREAS, on May 5, 2015, the City Council also approved GPA /ZC No. 14-
0444 (Resolution No. 049 -15) and conducted first reading of Zone Change 14-
0444 for the Project;
WHEREAS, on June 15, 2015, Concerned Citizens of the Fairfax Road Area
and Sue Porter filed a lawsuit challenging both the City's adoption of the
mitigated negative declaration for the Project and the City's approval of
GPA /ZC 14 -0444 (Concerned Citizens of the Fairfax Road Area, et al., v. City of
Bakersfield, et al, Case No. BCV- 15- 100239);
WHEREAS, the parties who filed the lawsuit have since agreed to dismiss
their lawsuit if the City will rescind its actions related to the Project;
WHEREAS, the Project's developer has agreed to the rescission with the
understanding that the property at issue will retain the single - family - residential
entitlements that existed before GPA /ZC 14 -0444 was approved; and
WHEREAS, in the interest of resolving the lawsuit, the Council wishes to
rescind Resolution No. 048 -15, Resolution No. 049 -15, and First Reading of Zone
Change 14 -0444.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
The above recitals are true and correct.
2. Resolution No. 048 -15, which adopted a mitigated negative
declaration for GPA /ZC No. 14 -0444, is hereby rescinded.
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3. Resolution No. 049 -15, which approved GPA /ZC 14 -0444, is hereby
rescinded.
4. City Council's first reading of Zone Change 14 -0444 is hereby
rescinded.
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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
SEP 16 2015 by the following vote:
✓ ✓ r ✓ v
COUNCIL MEMBER RIVERA, MAXWELL, WEIR , SMITH , HANSON, SULLIVAN, PARLIER
NOES: COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER NOK.
ABSENT: COUNCIL MEMBER
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED SEP 16 2015
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Att ney
By
ANDREW HE ND
Deputy City Attorney
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