HomeMy WebLinkAboutRES NO 102-18r,
RESOLUTION NO. 1 0 2 18
A RESOLUTION OF THE BAKERSFIELD CITY
COUNCIL RESCINDING RESOLUTIONS NO. 014-
18 AND 015-18 AND ORDINANCE NO. 4929
RELATED TO GPA/ZC NO. 17-0356.
WHEREAS, DeWalt Engineering for Rex Martin, fled an application with the
City of Bakersfield Development Services Department requesting an
amendment to the land use map designation of the Metropolitan Bakersfield
General Plan from LMR (Low Medium Density Residential), HMR (High Medium
Density Residential), and OS Open Space) to LR (Low Density Residential) on 40
acres located general south of Chase Avenue and east of Kern Canyon Road
(SR 184) (the "Project'); and
WHEREAS, on February 21, 2018, the City Council of the City of Bakersfield
("City") adopted Resolutions No. 014-18 and 015-18 which adopted a mitigated
negative declaration, and amended the land use map designation for the
Project; and
WHEREAS, on March 21, 2018, City Council adopted Ordinance No. 4929,
changing the zoning in the Project from Residential Holding to One Family
Dwelling; and
WHEREAS, on March 23, 2018, the Sierra Club fled a lawsuit entitled: Sierra
Club v. City of Bakersfield, et. at., Kern County Superior Court Case No. BCV -18-
100689 Petitioning for a Writ of Mandate and Complaint for Declaratory and
Injunctive Relief; and
WHEREAS, on June 19, 2018, the Sierra Club, Rex Martin, and City of
Bakersfield reached a settlement and entered into a court endorsed Stipulated
Judgment resolving the issues between all parties; and
WHEREAS, in order to fully resolve the lawsuit, the City is required to adopt
a resolution rescinding all of the approvals related to the Project; and
WHEREAS, in compliance with the Stipulated Judgment, City now desires
to rescind Resolution No. 014-18, Resolution 015-18, and Ordinance No. 4929.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield
as follows:
The above recitals and findings are true and correct and are
incorporated herein by reference.
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2. The Council hereby rescinds and declares void Resolutions No. 014-
18 and 015-18 and Ordinance No. 4929.
3. This resolution shall take effect immediately upon its passage.
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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
JUL 19 2018 by the following vote:
AYES: COUNCIL MEMBER RII, RP, GONZALES,WEIR, SMITH, FREEMAN, SULLIVAN, EARLIER
NOES: COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER _
ABSENT: COUNCILMEMBER h1
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CHRISTOPHER GERRY
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED JUL 18 1018
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney /
By ;?Z—
RICHARD
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RICHARD IGER
Deputy City Attorney
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