HomeMy WebLinkAboutRES NO 104-06
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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
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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:
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ABSTAIN:
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COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER: >\"^"''''''''''''-
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CITY CLERK and Ex Officio Clerk 0
Council of the City of Bakersfield
APPROVED
APR 2 6 2006
HARVEY L. HALL
Mayor
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APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: 1r3úd)n. .
ROBERT M. SHE .'
Deputy City Attorney
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S :\COUNCIL \Resos\05-06 Resos\GP AZC04-1704RescindApp.doc
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