HomeMy WebLinkAboutRES NO 188-07
RESOLUTiON NO.
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RESOLUTION OF THE CITY COUNCIL VACATING RESOLUTION NO. 20-
03, WHICH CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (SCH
# 2002071 051), RESOLUTiON NO. 26-03, WHICH APPROVED GENERAL
PLAN AMENDMENT NO. 02-193. AND ZONE CHANGE ORDINANCE NO.
4112, WHICH APPROVED CONCURRENT ZONE CHANGE NO. 02-0193
FOR THE PANAMA LANE SHOPPING CENTER
WHEREAS, the Proposed Project includes General Plan Amendment and
Concurrent Zone Change No. 02-0193 to allow the development of a retail commercial
center known as the Panama Lane Shopping Center, which includes 434,063 square feet on
37.52 acres of property located east of State Route 99, north of Panama Lane and south of
Maurice Avenue, in the City of Bakersfield, County of Kern, State of California; and
WHEREAS, the applicant for the Proposed Project is Panama 99 Properties,
LLC ("Applicant"); and
WHEREAS, in February 2003, the City Council of the City of Bakersfield
("City") adopted Resolution No. 20-03, which certified Final Environmental Impact Report
SCH # 2002071051 ("2003 EIR") and adopted related Findings of Fact and Statement of
Overriding Considerations, and Resolution No. 26-03, which approved General Plan
Amendment No. 02-193, and Zona Change Ordinance No. 4112, which approved
Concurrent Zone Change No. 02-0193 for the Proposed Project ("2003 Project Approvals");
and
WHEREAS, the adequacy of the 2003 EIR and the validity of the 2003 Project
Approvals were challenged in a lawsuit entitled Bakersfield Citizens for Local Control v. City
of Bakersfield, et a/., Kern County Suparior Court Case No. 249669 KCT, and in an appeal
of the judgment originally entered by the Kern County Superior Court in the lawsuit,
California Court of Appeal, Fifth Appellate District Case No. F044943 ("Litigation"); and
WHEREAS, in December 2004, the Court of Appeal, Fifth Appellate District,
rendered an opinion in the Litigation, which held that the 2003 EIR was inadequate in certain
respects and directed that a writ of mandate issue requiring the City to set aside its
certification of the 2003 EIR and its adoption of the 2003 Project Approvals and to prepare a
new EIR in accordance with the standards and procedures of the California Environmental
Quality Act ("CEQA"); and
WHEREAS, in June 2005, pursuant to the decision of the Court of Appeal, the
Kern County Superior Court issued ci peremptory writ of mandate requiring the City to set
S;\COUNCIL \Resos\07 -08 Resos\ VacEI R. Panama99.ctot
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aside its certification of the 2003 EIR, Its adoption of related Findings of Fact and Statement
of Overriding Considerations, and its adoption of the 2003 Project Approvals and to prepare
a new EIR in accordance with the standards and procedures of CEQA ("Writ of Mandate");
and
WHEREAS, in compliahce with the Writ of Mandate, the City retained the
professional environmental consulting services of Michael Brandman Associates to prepare
the required environmental review and has undertaken preparation of a new EIR (SCH #
2005061168) for the Proposed ProjeCt; and
WHEREAS, in further compliance with the Writ of Mandate, the City wishes to
vacate and void Resolution No. 20-03 which certified the 2003 EIR and adopted related
Findings of Fact and Statement of Overriding Considerations, and Resolution No. 26-03 and
Zone Change Ordinance No. 4112, which adopted the 2003 Project Approvals;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as
follows:
1. Resolution 20-03, which certified Final Environmental Impact Report
SCH # 2002071051 and adopted related Findings of Fact and Statement of Overriding
Considerations, is hereby vacated and declared void as required by the Writ of Mandate;
2. Resolution No. 2a-03, which approved General Plan Amendment No.
02-0193, is hereby vacated and declared void as required by the Writ of Mandate; and
3. Zone Change Ordinance 4112, which approved Concurrent Zone
Change No. 02-0193, is hereby vacated and declared void as required by the Writ of
Mandate.
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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
SEP 1 2 2007 by the following vote:
~
NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
~W-.
PAMELA A. McCART , CMC f;
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
SEP 1 2 2001
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By
ROBERT M. SHERF~
Deputy City Attorney
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