HomeMy WebLinkAboutRES NO 146-05
RESOLUTION NO. 1 4 6 - 0 5
RESOLUTION APPROVING THE APPEAL AND OVERTURNING THE
PLANNING COMMISSION'S DECISION TO APPROVE THE
EXTENSIONS OF TIME FOR VESTING RIGHTS FOR TRACT MAP
NO. 6087, PHASE "D" AND FOR TRACT MAP NO. 6104, PHASES 1
& 5 AND DENYING THE EXTENSIONS ON THESE PROPERTIES
WHICH ARE LOCATED IN THE CITY OF BAKERSFIELD.
WHEREAS, at the regularly scheduled meeting of May 20, 2004, the Planning Commission
approved the request to extend the vesting rights to Tract 6087, Phase D and Tract 6104, Phases 1
& 5 submitted by Mcintosh and Associates; and
WHEREAS, in accordance with the procedure set forth in the provisions of Title 16 of the
Municipal Code of the City of Bakersfield, Raul Rojas, City of Bakersfield Public Works Director,
filed a written appeal to the Planning Commission's decision; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the hearing as
Wednesday, January 12, 2005, in the Council Chambers of City Hall, 1501 Truxtun Avenue,
Bakersfield, Califomia, as the time and place br a public hearing before said City Council on said
appeal, and notice of the public hearing was given in the manner provided in Title Sixteen of the
Bakersfield Municipal Code; and
WHEREAS, the items were referred to the Planning and Development Committee for further
review and the public hearing was continued to a date uncertain; and
WHEREAS, the continued healing was set for Wednesday, June 8, 2005, and June 22, 2005; and
WHEREAS, Tract 6087 Phase D is generally located south of Ming Avenue, east side of
South Allen Road, as shown on location map attached as Exhibit "A;" and
WHEREAS, Tract 6401 Phases 1 and 5 are generally located north of Panama Land and east
of Buena Vista Road, as shown on location map attached as Exhibit "B;" and
WHEREAS, this vesting extension of time is exempt from the California Environmental
Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061 (b )(3); and
WHEREAS, the application for Vesting Tentative Tract Map 6087 was deemed complete on
March 27, 2002; and
WHEREAS, Phase D of Tract Map 6087 recorded on April 15, 2003; and
WHEREAS, the application for Vesting Tentative Tract Map 6104 was deemed complete on
May 8, 2002; and
WHEREAS, Phases 1 and 5 of Tract Map 6104, recorded on May 6, 2003; and
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WHEREAS, Subdivision Map Act Section 66498.5.b states:
"The rights conferred by a vesting tentative map as provided by this chapter shall
last for an initial time period, as provided by ordinance, but shall not be less than one
year or more than two years beyond the recording of the final map...."
WHEREAS, as provided by the above-mentioned section of the Subdivision Map Act,
Bakersfield Municipal Code Section 16.24.090 C.1 states the initial time period for vesting rights is
12 months from the time a map is recorded; and
WHEREAS, Bakersfield Municipal Code Section 16.24.090 C.3 states a subdi\Îder may
apply for a 1 year extension of time before the initial time period set forth in subsection C.1, of this
section expires; and
WHEREAS, Bakersfield Municipal Code Section 16.24.090 C.3 provides for the procedures
to appeal a decision of the Planning Commission to deny the extension to the City Council; and
WHEREAS, the City of Bakersfield, at its discretion, may approve or deny a request for an
extension of time on vesting rights; and
WHEREAS, at said regular meeting held June 8, 2005, the appeal relative to the request to
extend vesting rights submitted by Raul Rojas, City of Bakersfield Public Works Director was duly
heard and considered and the City Council found as follows:
1. The provisions of CEQA have been followed.
2. Extension of vesting rights for this subdivision would result in loss of needed
revenues for transportation and park improvements.
3. It is inappropriate to extend the vested rights on this subdivision for one year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
1. That the above recitals, incorporated herein, are true and correct.
2. That the extension of time is exempt from the requirements of CEQA.
3. The appeal is approved.
4. The Planning Commission's decision is o-.ertumed.
5. That the requests for a one year extension of the vesting rights for Tract 6087 Phase
D and Tract Map 6104, Phases 1 & 5 are hereby denied.
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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
JUN 2 2 2005 by the following vote:
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COUNCILMEMBER COUCH. CARSON, BENHAM, MAGGARD. HANSON. SULLIVAN. SCRIVNER
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
JUN 2 2 2005
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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Exhibit A: Location Map Tract 6087
Exhibit B: Location Map Tract 6104
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S:\ TRACTS\vestingextlpwd appea~cc res overturn pc. doc
June 7, 2005
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