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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. O gPKs9T m F]fl IOINHL CIAPmgmmFla,I"61ANee,0C—ADocconretlaq.Ile, IA NVDCABFC7942BMiS F8 CE E5E 11 D3W2VPd,con,e6 I l 6641 Re—,n IHBLIS IB_ONL92Ae8NLCfb_I]L356Dou -- Page 1 of 2 Pages — 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. --0000000--- 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 HIAA n.t l;/'Vli%'hJ�Sv1/o 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 � `� RICHARD IGER Deputy City Attorney E:vlgpd co>rogram F*5I%B,\eeevb Com\Q—C—enernovempwmo\s"I 1112aelwH.oE-11Fn rzImas WBas�Fdf11 ri 11664.i,R—,deoiePK�9 IBIXtlA92ftag ZCQ-Ivass10— — Page 2 of 2 Pages — o r- m LgPIOINA