HomeMy WebLinkAboutRES NO 37-98RESOLUTION NO. 37-98
RESOLUTION OF THE CITY COUNCIL OVERTURNING THE
DECISION OF THE PLANNING COMMISSION AND
APPROVING A ONE YEAR EXTENSION OF TIME OF THE
VESTING RIGHTS FOR TRACT 8386 PHASE D ON CERTAIN
PROPERTY LOCATED ON THE EAST SIDE OF GANDOLA
COURT SOUTH OF BRIMHALL ROAD.
WHEREAS, in accordance with Bakersfield Municipal Code Section 16.24.090
C.3., Martin-Mcintosh filed an application requesting an extension of time for vesting rights on
Tract 5386 Phase D on that certain property in the City of Bakersfield as shown on the attached
Exhibit "1"; and
WHEREAS, on February 19, 1998, the Planning Commission adopted
Resolution No. 20-98 denying a one year extension of vesting rights on Tract Map No. 5386
Phase D; and
WHEREAS, this extension of time is Categorically Exempt in accordance with
Section 15305.h (Class 5) of the City of Bakersfield CEQA Implementation, Resolution No. 212-
92; and
WHEREAS, on March 5, 1998, an appeal of the decision of the Planning
Commission was filed by Martin-Mcintosh in accordance with the provisions set forth in Section
16.24.090.C.3 of the Bakersfield Municipal Code; and
WHEREAS, at said public hearing held March 25, 1998, the appeal submitted by
Martin-Mcintosh, was duly heard and considered and the City Council found as follows:
1. The provisions of CEQA have been followed.
2. One year from recordation of Tract 5386 Phase D may not be adequate time to
apply for building permits to allow development under the vested rights for this map.
3. It is appropriate to extend the vesting rights pending further study of the City's
vesting rights policies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
1. The above recitals, incorporated herein, are true and correct.
2. That the decision of the Planning Commission is hereby overturned.
3. That the one year extension of time for vesting rights on Tract 5386 Phase D is
hereby approved.
......... o0o ........
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 March 25, 1998, by
the following vote:
ORIGINAL
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER ~/']~,..~.
AI~STAtN: COUNCILMEMBER
A6SEN'[: COUNCILMEMBER
CITY CLERK and Ex Officio Clerk ~f/the
Council of the City of Bakersfield I../
APPROVED ~11~R 2 $ 1~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
ML:pjt
April 6, 1998
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ORIGINAL
WAY
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TRACT NO. 5386-PHASE D
EXHIBIT 1