Fact: The City of Bakersfield is prohibited from applying ordinances, policies, or standards enacted or instituted as a result of those proceedings which are NOT in effect at the date the local agency has determined the application is complete pursuant to Section 65943 of the Government Code.  California Government Code Section 66464.2 (Subdivision Map Act) provides as follows:

(a) Except as otherwise provided in subdivision (b) or (c), in determining whether to approve or disapprove an application for a tentative map, the local agency shall apply only those ordinances, policies, and standards in effect at the date the local agency has determined that the application is complete pursuant to Section 65943 of the Government Code.

(b) Subdivision (a) shall not apply to a local agency which, before it has determined an application for a tentative map to be complete pursuant to Section 65943, has done both of the following:

(I) Initiated proceedings by way of ordinance, resolution, or motion.

(2) Published notice in the manner prescribed in subdivision (a) of Section 65090 containing a description sufficient to notify the public of the nature of the proposed change in the applicable general or specific plans, or zoning or subdivision ordinances.

A local agency which has complied with this subdivision may apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the local agency approves or disapproves the tentative map.

(c) If the subdivision applicant requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the applicant's request shall apply.

The Canyons project was “VESTED” as of July 05, 2005 (per city staff).  The City of Bakersfield cannot LEGALLY apply ANY ordinance, policy OR standard to The Canyons project (or any other project having a vesting tentative map) unless it initiated proceeding by way of ordinance, resolution or motion before the vesting tentative map application was “deemed complete.”

If Weir succumbed to the desires of the Californian and a “HANDFUL” of TESSPASSERS, by applying ordinances, policies and standards, as suggested, to The Canyons project or ANY other “vested” project, he would be an advocate for violating vesting protections offered by California State Law, inviting LOOSING litigation for the City of Bakersfield and wasting taxpayer dollars to fund its defense and pay the Plaintiff’s legal fees.  Weir would also have to convince a majority of the city council, including the city attorney and city manager it is good business for the city to break the law and waste taxpayer dollars to have the experience of FAILURE.

Rather than pick on Weir, question Mike Maggard, former Ward 3 Councilman, why he did not develop community standards for the northeast Bakersfield area.  Most, if not ALL of the development applications for “Active Tracts” in the northeast Bakersfield area were filed with the city and “DEEMED COMPLETE” during Maggard's EIGHT YEAR tenure as Ward 3 Councilman.  Check it out:

http://www.bakersfieldcity....