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HomeMy WebLinkAboutRES NO 104-06 ß. _ RESOLUTION NO. 104':"0-8 RESOLUTION RESCINDING APPROVAL OF GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 04-1704 FROM LMR TO HMR AND FROM R-1 TO R-2 FOR PROPERTY LOCATED ON THE EAST SIDE OF WIBLE ROAD, APPROXIMATELY 200 FEET SOUTH OF BERKSHIRE ROAD WHEREAS, on September 28, 200S, the City Council of the City of Bakersfield adopted Resolution No. 223-0S approving General Plan Amendment No. 04-1704 described as follows: General Plan Amendment No. 04-1704 Gerald Almgren of Kern Delta Land Development Corporation ("Developer") applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from LMR (Low-Medium Density Residential - greater than 4 units, but less than or equal to 10 dwelling units per net acre) to HMR (High-Medium Density Residential - greater than 7.26 units, but less than or equal to 17.42 dwelling units per net acre) on 2,83 net acres. The project site is generally located on the east side of Wible Road approximately 200 feet south of Berkshire Road; and WHEREAS, on October 12, 200S, the City Council of the City of Bakersfield adopted Ordinance No. 4277 approving Zone Change 04-1704 described as follows: Zone Chanae 04-1704 Developer applied to amend section 17.06,020 (Zoning Map 123-2S) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (One Family Dwelling - 1 unit per 2,SOO sq. ft.) on 2.04 acres, generally located on the east side of Wible Road approximately 200 feet south of Berkshire Road; and WHEREAS, on November 1S, 200S, a lawsuit was filed entitled Wible Road Action Group v. City of Bakersfield, et aI., Kern County Superior Court Case No. S- 1S00-CV 2S6686 NFT ("lawsuit") against the City and the Developer, alleging, among other things, that approval of the project violated provisions of the California Environmental Quality Act ("CEQA"); and WHEREAS, the parties have agreed to settle the lawsuit; and 1 ~ 'òAK~-9 o ~ >- - .... m _ r- ,;) C:J QAlGINAl WHEREAS, the terms of the settlement have been approved and ordered by the court; and WHEREAS, one of the conditions of the settlement is that the City Council rescind approval of GPA/ZC No. 04-1704 so that the general plan designation and zoning that existed on the land prior to approval of the project be reinstated. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2, The approval of general Plan AmendmenUZone Change No. 04-1704 is hereby rescinded. 3. Resolution No. 223-0S and Ordinance No. 4277 are hereby rescinded and the property shall revert to its previous General Plan and Zoning designations. the I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by Council of the City of Bakersfield at a regular meeting thereof held on tlPR 2 6 2006 by the following vote: ~~P: N : ABSTAIN: (" A8SENÙ '-'-= . "..- L-- ---- ~ l--- t----- COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: >\"^"''''''''''''- c.G CITY CLERK and Ex Officio Clerk 0 Council of the City of Bakersfield APPROVED APR 2 6 2006 HARVEY L. HALL Mayor B APPROVED as to form: VIRGINIA GENNARO City Attorney By: 1r3úd)n. . ROBERT M. SHE .' Deputy City Attorney RMS:lsc S :\COUNCIL \Resos\05-06 Resos\GP AZC04-1704RescindApp.doc 2 ~ 'òAK~-2 o ~ >- .... m _ r- o (J ORIGINAl