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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 Resolution No. 048 -15, which adopted a mitigated negative declaration for GPA /ZC No. 14 -0444, is hereby rescinded. oR 9AM9s T - Page 1 of 2 Pages - m cJ p ORIGINAL 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 Resolution No. 049 -15, which approved GPA /ZC 14 -0444, is hereby rescinded. 4. City Council's first reading of Zone Change 14 -0444 is hereby rescinded. -- -- - -- -- 000 - -- -- ---- 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 AH:vlg oFOPKF'9sr xvmu,¢nvx..mvisievva� vem ws,sau,s -is rwa..,uen.00,. > m - Page 2 of 2 Pages - o OFI®INAL