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HomeMy WebLinkAboutRES NO 132-2023RESOLUTION NO. 1 3 Z— 2 O 2 3 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO DENY THE APPEAL AND UPHOLD THE DECISION OF THE PLANNING COMMISSION TO APPROVE AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SEVENTH STANDARD ROAD AND RUDD AVENUE (GPA/ZC NO. 23-0015). WHEREAS, McIntosh & Associates on behalf of Rosedale Ranch, CA GP filed an application with the City of Bakersfield Development Services Department requesting an amendment to the land use map designations of the Metropolitan Bakersfield General Plan from LR (Low Density Residential), LMR (Low Medium Density Residential), HMR (High Medium Residential), MUC (Mixed Use Commercial), and GC (General Commercial) to LI (Light Industrial) on approximately 940 acres generally located at the southeast corner of Seventh Standard Road and Rudd Avenue as part of a request for an associated Zone Change No. 23-0015 and Conditional Use Permit No. 23-0023 (the "Project"); and WHEREAS, the Planning Commission held a public hearing on July 20, 2023, and approved Resolution No. 57-23, which recommended that the City Council approve the Project; and WHEREAS, The Delano Center on Race, Poverty & the Environment, on behalf of the Committee for a Better Shafter and its members, filed an appeal with the City Clerk on July 31, 2023 on the Planning Commission recommendation to approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, September 13, 2023 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the appeal as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, and the Planning Commission's action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The City Council has considered and concurs with the findings made by the Planning Commission set for in Resolution No. 57-23, approved on July 20, 2023. 3. The appeal is denied, and General Plan Amendment No. 23-0015 is hereby approved as shown in Exhibit A, which is incorporated herein. o�,b A K,6? Page 1 of 3 > �n 00RIGINAL 4. The provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. An Environmental Impact Report ("EIR") was certified for the project site as part of the overall analysis for the Rosedale Ranch Project. The Final EIR was certified by the City on July 7, 2005 (SCH No. 200501 1033). CEQA Guidelines, Section 15164(b) states that an Addendum to a previously adopted FEIR shall be prepared if only minor technical changes or additions are necessary but none of the conditions described in Section 15162 call for the preparation of subsequent EIR or supplemental Negative Declaration have occurred. An Addendum to the FEIR was prepared for the proposed Project in accordance with CEQA Guidelines Section 15164 and the City of Bakersfield's CEQA Implementation Procedures. --------- 000 -------- Page 2 of 3 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on SEP 13 2023 , by the following vote: COUNCILMEMBER: Ar ai s Gonzales Weir Smi4Fr Freeman Gra 44awr- NOES: COUNCILMEMBER: LASSTR COUNCILMEMBER:Svy'614"1 ABSENT: COUNCILMEMBER: J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: 2023 By KAREN GOH Mayor VIRGINIA GENNARO, CITY ATTORNEY By-/, VIRIDIANA GAL- ARDO-KING Deputy City Attorney Exhibits: A General Plan Amendment Map Page 3 of 3 in vQR�GINPd- GPA/ZC 23-001 5 EXHIBIT A CITY OF BAKERSFIELD JURIS OTHERJURIS OTHER JURIS OTHERJURIS OTHER JURIS JURIS OTHERJURIS OTHER JURIS OTHERJURIS OTHER JURIS JURIS OTHER JURIS OTHER JURIS OTHERJURIS OTHER JURIS _..._ CITY MUC MUC LI LI LI LI i LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI \ LI HMR \\ LI LI LI LI LI HMR HMR A LI LI LI LI LI HMR HMR 9ti LI T.9 LMR HMR T� LI LI LI HMR y 9L HMR LI LMR LMR GC LI LI LMR LMR GC GC GC LI LI LMR LMR GC GC GC L GC FI»m: LR, LMR, HMRI C, and MUC _To: U LMR OC GC GC GC \HMR R LR LR LR HMR LMR OC GC GC GC HMR LRLR LEGEND (GENERAL PLAN JURIS OTHERJURIS OTHERJURIS LAND USE) II Rural Residential JURIS OTHERJURIS OTHER JURIS 2.5 gross acresIdwelling unit EI Estate Residential i dwelling unitnet one SR Suburban lesidemid JURIS OTHERJURIS OTHER JURIS 54 dve111ng unitq!net acre SIILI SEVENTH STANDARD RD County: 5 4 drelli g units net aaa City:S 1.26 dwelling units net acre we e t e LI Law Density Residential 1 51.26 dwelling units)net acre GC SR RR SR I lMIt Low Medium Density Resid.mi d > 4 but 5 10 drelling units'net aue SR SR SR OI U I SR NMI High Medium Density Residentd V� SIR 1 >7.26 units but 511.42 dwelling units,lnet acre SR SR SR SR / XI High Density Residential / SR >17.42 units but / 512.6 dwelling units'net aue SR SR SR SIR •! H( Highway (ammenid SR G( 6eneml Commercial M( Mojar (ommenid 0( OHi<e (.mmer,ial SR SR SR SR E MUC Miaed 0se(ammrun.1 L _ LI tight ndustrial �r LI SI Servim lndmtriol SR j HI Heavy Industrial SR SR SR P Push, Facilities PS Publi, Private Schools SR SIR �r SI Pt Public honeportati.n(orrid.ts �r SR P-SW Solid Waste Facilities ,a SR OS Open Spa,e OSP Parks and R.,reahon SR SR SIR �`,e SI OS-S Slopes exceeding DO%, `SR 1-IAResomce- r••—Intensive Agriculture SR SR SR SR SI a 20one minimum parcel sire i 1-EAlesour,e- & Extensive Agriculture SNOW RD 7 20anemnimumparcelsite 80 one min (Williamson Act) FILR I-MPResource- LR LR LR LRMlnerdsA Petroleum 1 size porn UER Urban Eslole gesidental Western !...tire Plan LR LR LR LR O.S acre net minimum parcel site Z IN West Ming Spe,ifi, Plan LLl LR LR J. LR LR LR LR Q LR LR LR LR LR LR LR tr/ LR BAKERSFIELD SR GC GC Q LR PS PS 8=RSRLR BarrierfK High Salad LR Feet Z LR PS PS LR LR LMR x LR — LR 0 690 1,380