HomeMy WebLinkAboutRES NO 084-08RESOLUTION NO. ~ S ~ _ ~ 8
A RESOLUTION VOIDING THE NEGATIVE
DECLARATION FOR THE AMENDMENTS TO CHAPTER
17.66, HD, HILLSIDE DEVELOPMENT COMBINING ZONE,
OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE
WHEREAS, on November 15, 2006, the City Council adopted Ordinance No.
4391, An Ordinance Adopting a Negative Declaration and Amending Chapter 17.66,
HD, Hillside Development Combining Zone, of Title Seventeen of the Bakersfield
Municipal Code (Hillside Ordinance); and
WHEREAS, on December 14, 2006, petitioners DKS Investments, LLC, Canyons
LLC, General Holding, Inc., Joseph A. Tarabino and John M. Tarabino ("Petitioners")
filed a petition for writ of mandate against the City of Bakersfield and the Bakersfield
City Council, entitled DKS, Investments, LLC, et al. v. City of Bakersfield, et al. (Kem
County Superior Court Case No. S-1500-CV-259731 KCT), which alleged the Negative
Declaration adopted for the Hillside Ordinance was inadequate and an environmental
impact report (EIR) was required to comply with the California Environmental Quality
Act (CEQA); and
WHEREAS, on March 21, 2008, the Kern County Superior Court entered a
Judgment Granting Petition for Peremptory Writ of Mandate and issued a Peremptory
Writ of Mandate, directing the City of Bakersfield and the Bakersfield City Council to
void the Negative Declaration and to prepare, consider and certify an EIR for the
Hillside Ordinance; and
WHEREAS, the Kern County Superior Court further ordered that the Hillside
Ordinance shall remain in effect while the City of Bakersfield prepares an EIR that
complies with CEQA in good faith and without unnecessary delay;
NOW, THEREFORE, the Council of the City of Bakersfield resolves as follows:
reference.
The above recitals are true and correct and are incorporated herein by
2. Pursuant to the Peremptory Writ of Mandate issued by the Kern County
Superior Court on March 21, 2006, the Negative Declaration adopted for the Hillside
Ordinance on November 15, 2006, is hereby declared void.
3. The City Attorney is hereby directed to cause to file a return in the Kern
County Superior Court to inform the court that the Council of the City of Bakersfield has
adopted this resolution in compliance with the Peremptory Writ of Mandate.
S:\COUNCIL\Resos\07-08 Resos\17.66-HD.VoidNegDec.doc
-- Page 1 of 2 Pages --
~~ A K~?
~~ ~n
.n
F- s
~: ~ `~
C?I?IE;;n~ r,
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
JUN ~ ~ ~n~e by the following vote:
AYE ~ COUNCILMEMBER: CAR O , BENHAM, WEIR, COUCH, HANSON, SULLTVAN, SCRIVNER
ES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER: 0
ABSENT: COUNCILMEMBER:
-t~ IL
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: JUN 1 1 2008
VIRGINIA GENNARO
City Attomey
By: -~ -ynti
ROBERT M. SHERFY
Deputy City Attorney
RMS:Isc
S:\COUNCIL\Resos\07-08 Resos\17.66-HD.VoidNegDec.doc
-- Page 2 of 2 Pages --
~,
z, ` r:
,z ,
U , S',
F~ ~
~~,
`__, `
APPROVED as to form: