HomeMy WebLinkAboutRES NO 172-2021RESOLUTION NO. 17 2- 2 0 2 1
A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL RESCINDING
RESOLUTIONS NO. 029-2021 AND 030-2021 RELATED TO SITE
PLAN REVIEW NO 20-0102 AND A MITIGATED NEGATIVE
DECLARATION FOR A MEDICAL OUTPATIENT CLINIC IN THE M-2
(GENERAL MANUFACTURING ZONE) DISTRICT, LOCATED AT 5512
KNUDSEN DRIVE (WARD 3).
WHEREAS, on May 14, 2020, SASD Development Group, LLC for Steven
Doctor, filed an application with the City of Bakersfield Development Services
Department requesting a Site Plan Review ("SPR") to develop a 39,648 square
foot Department of Veterans Affairs community-based clinic which would serve
as a medical outpatient facility ("Project"); and
WHEREAS, on January 7, 2021, the City of Bakersfield Planning Commission
adopted a Mitigated Negative Declaration ("MND") for said SPR; and
WHEREAS, on January 8, 2021, as a result of the MND approval, the
Development Services Director approved corresponding SPR No. 20-0102; and
WHEREAS, on January 15, 2021, Progress for Bakersfield Veterans, LLC,
appealed SPR No. 20-0102 to the Planning Commission and the MND to the City
of Bakersfield City Council ("City Council'); and
WHEREAS, on February 4, 2021, the Planning Commission upheld the Notice
of Decision approving SPR No. 20-0102; and
WHEREAS, on February 12, 2021, Progress for Bakersfield Veterans, LLC,
appealed SPR No. 20-0102 to the City; and
WHEREAS, on March 3, 2021, City Council upheld the decisions of the
Planning Commission and Development Services Director and adopted the MND
(Resolution No. 029-2021) and the SPR (Resolution No. 030-2021) for said Project;
and
WHEREAS, on April 7, 2021, Progress for Bakersfield Veterans, LLC, filed a
lawsuit entitled: Progress for Bakersfield Veterans, LLC, v. City of Bakersfield Kern
County Superior Court Case No. BCV -21-100778 Petitioning for a Writ of Mandate
and Failure to Proceed in a Manner Requested by Law; and
WHEREAS, on July 14, 2021, as a result of the pending lawsuit, legal counsel
for SASD Development Group, LLC attended a City Council meeting and formally
requested for a Rescission of the MND (Resolution No. 029-2021) and the SPR
(Resolution No. 030-2021), stating they plan to return with a full Environmental
Impact Report on the Project in an effort to avoid further litigation; and
Resolution Rescinding Resolutions No. 029-2021 and 030-2021
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WHEREAS, in order to mitigate the lawsuit, City Council is being asked to
adopt a resolution rescinding the MND Resolution No. 029-2021) and the SPR
(Resolution No. 030-2021) approvals related to the Project; and
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.
2. The Council hereby rescinds and declares void
Resolutions No. 029-2021 and 030-2021.
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 Co ncil of the City of Bakersfield at a regular meeting thereof held on
SEP 0 2021 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ r
Cap COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, EARLIER
NOES: COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER
ABSENT: COUNCIL MEMBER ♦\%QI�Q/
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of the Council of
APPROVED: SEP 01 2021 the City of Bakersfield
By: mogAl
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City At or yy
By:
VIRIDIANA LLARDO-KING
Deputy City Attorney II
VGI,
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Resolution Rescinding Resolutions No. 029-2021 and 030-2021 r T
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