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HomeMy WebLinkAboutRES NO 189-07 RESOLUTION NO. 18 9- 0 ? RESOLUTION OF THE CITY COUNCIL VACATING RESOLUTION NO. 21- 03, WHICH CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (SCH # 2002051156), AND RESOLUTION NO. 27-03, WHICH APPROVED GENERAL PLAN AMENDMENT NO. 02-0030, AND ZONE CHANGE ORDINANCE NO. 4110, WHICH APPROVED CONCURRENT ZONE CHANGE NO. 02-0030 FOR GOSFORD VILLAGE SHOPPING CENTER WHEREAS, the Proposed Project includes General Plan Amendment and Concurrent Zone Change No. 02-0030 to allow the development of a retail commercial center known as the Gosford Village Shopping Center, which includes a maximum of 700,000 square feet on 73.53 acres of property located on the west side of Gosford Road, between Pacheco Road on the north and Harris Road on the south, in the City of Bakersfield, County of Kern, State of California; and WHEREAS, the applicant for the Proposed Project is Castle & Cooke Commercial CA, Inc. ("Applicant"); and WHEREAS, in February 2003, the City Council of the City of Bakersfield ("City") adopted Resolution No. 21-03, which certified Final Environmental Impact Report SCH # 2002051156 ("2003 EIR") and adopted related Findings of Fact and Statement of Overriding Considerations, and Resolution No. 27-03, which approved General Plan Amendment No. 02-0030, and Zone Change Ordinance No. 4110, which approved Concurrent Zone Change 02-0030 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 al., Kern County Superior Court Case No. 249668 KCT, and in an appeal of the judgment originally entered by the Kern County Superior Court in the lawsuit, California Court of Appeal, Fifth Appeiiate 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 20d5, pursuant to the decision of the Court of Appeal, the Kern County Superior Court issued c:l peremptory writ of mandate requiring the City to set S:\CQUNCIL\Resos\07 -08 ResosWacEI R.GosVillage.ddi:: -- Page 1 of 3 Pages -- ~ ~fo..k('~ o ~ >- - I- m _ r- (,) 0 ORIGINAL 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 # 2005061169) for the Proposed Project; and WHEREAS, in further compliance with the Writ of Mandate, the City wishes to vacate and void Resolution No. 21-03 which certified the 2003 EIR and adopted related Findings of Fact and Statement of Overriding Considerations, and Resolution No. 27-03 and Zone Change Ordinance No. 4110, Which adopted the 2003 Project Approvals; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. Resolution 21-03, which certified Final Environmental Impact Report SCH # 2002051156 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. 27-03, which approved General Plan Amendment No. 02-0030, is hereby vacated and declared void as required by the Writ of Mandate; and 3. Zone Change Ordinance No. 4110, which approved Concurrent Zone Change 02-0030, is hereby vacated ahd declared void as required by the Writ of Mandate. --00000-- S :\COUNCIL \Resos\07 -08 ResosWacE I R .GosVillage .ddc -- page 2 of 3 Pages -- ~fo..K('~ ~ ~ >- - I- m _ r- (,) 0 ORIGINAL 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 2001 by the following vote: ~ NOES: ABSTAIN: ABSENT: v .........-- ~ v-- ---- .......- ...------ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~~A PAMELAA.McCARTHY C I CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: SEP 1 2 2007 By HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By ROBERT M. SHERFY Deputy City Attorney MMH/RMS:lsc S :\COUNCIL \Resos\07 -08 Resos\ VacEI R.GosVillage.doc -- Page 3 of 3 Pages -- ~ ~fo..k('-9 o ~ >-. - I- m _ r- o 0 ORIGINAL