HomeMy WebLinkAboutRES NO 133-2023RESOLUTION NO. 13 3— 2 0 2 3
A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO DENY
THE APPEAL AND UPHOLD THE DECISION OF THE PLANNING
COMMISSION TO APPROVE A CONDITIONAL USE PERMIT TO
ALLOW A FREIGHT TERMINAL IN THE M-1 ZONE, GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF SEVENTH STANDARD
ROAD AND RUDD AVENUE (CUP NO. 23-0023).
WHEREAS, McIntosh & Associates on behalf of Rosedale Ranch, CA GP filed an
application with the City of Bakersfield Development Services Department requesting a
conditional use permit to allow a freight terminal in the M-1 (Light Manufacturing) zone,
generally located at the southeast corner of Seventh Standard Road and Rudd
Avenue as part of a request for an associated General Plan Amendment and Zone
Change No. 23-0015 (the "Project"); and
WHEREAS, the Planning Commission held a public hearing on July 20, 2023, and
approved Resolution No. 61-23, 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 ORDAINED 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. 61-23, approved on July
20, 2023.
3. The appeal is denied, and Conditional Use Permit No. 23-0023 is hereby
approved with conditions of approval in Exhibit A and as shown in Exhibit
B, which is incorporated herein.
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Page 1 of 2 OORIGINAL'�'
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. 2005011033). 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.
Page 2 of 2
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the C uncil of the City of Bakersfield at a regular meeting held on
?EP 13 2023 , by the following vote:
✓ %/ �/ %/ ✓
A -YE COUNCILMEMBER: Arias Gonzales Weir.Fr"44 Freeman, Gray. —
ES: COUNCILMEMBER:
COUNCILMEMBER: !!f�'06 bCj.uQ-
ABSENT: COUNCILMEMBER:
J LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: S 1 3 2023
By
WEN GOH
Mayor
APPROVED AS TO FORM:
VIRGINI GENNARO, CIT TTORNEY
B %
VIRIDIANA L ARDO-KING
Deputy City Attorney
Exhibits: A Conditions of Approval
B Location Map
Page 3 of 2
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'ORIGINAO
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 23-0023
Planning Division
1. Prior to issuance of any grading and/or building permit, the project proponent shall
amend the Rosedale Ranch Master Plan of Parks and Trails accordingly.
2. Prior to issuance of any grading and/or building permit, the project proponent shall
demonstrate compliance with all applicable mitigation measures as listed in the
approved Mitigation Monitoring Plan for the Rosedale Ranch Project.
3. Prior to issuance of any building permits, the project proponent shall satisfy all
development standards required in the Site Plan Approval process per title 17.08.080 of
the Bakersfield Municipal Code.
4. Upon approval of this GPA request by the City, the applicant /property
owner/subdivider (and successor owners) shall relinquish and void all rights and
entitlements to all previously approved tentative subdivisions, including Vesting Tentative
Tract Map No. 6950.
Public Works Division
Prior to the City's approval of any construction plans associated with any development
project, subdivision, or minor land division within the GPA/ZC area, the developer must
submit the following for review and approval by the City Engineer:
a. Fully executed dedication for Seventh Standard Rd to 6 lane expressway standards
as per Resolution 112-07 (attached), Olive Dr to arterial standards, and Zerker Rd
(future extension of Renfro Road to Seventh Standard Rd) to arterial standards for
the full frontage of the GPA/ZC area, unless otherwise approved by the City
Engineer. Dedications must include sufficient widths for expanded intersections and
additional areas for landscaping as directed by the City Engineer. Additional
dedications of major roads maybe required, depending on the outcome of the
Traffic Study (i.e.: Rudd Ave, Snow Rd, etc.); and the General Plan Circulation
Element may need to be revised.
b. Traffic Study for the GPA/ZC aera to be submitted for approval by the City of
Bakersfield Public Works Traffic Division. In addition to the requirements detailed in
Section 6.2 of the Subdivision and Engineering Design Manual, the study shall
include any changes proposed to the approved circulation element.
c. Comprehensive drainage study of the GPA/ZC area is to be submitted for approval
by the City of Bakersfield Public Works Department Subdivision section. The
drainage including the frontage for the GPA/ZC area is to be retained onsite ap&A"(e. ^
shall be privately maintained. Flowage and drainage easements, as needed, .b-e
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'ORIGINe
GPA /ZC No. 23-0015
Conditions of Approval
Page 2
to be provided prior to the recording of any final map or issuance of any
certificates of occupancy for development within the GPA/ZC area, whichever is
earlier.
2. Sewer service will be provided by North of the River Sanitary District (NORSD). Please
contact NORSD for their planning, design, and construction requirements. Sewer service
fees shall be paid to NORSD prior to building permits being issued.
3. Prior to issuance of any utility, grading, or building permit, the applicant shall submit
signed written confirmation from the canal owner indicating that the canal owner is
satisfied with final disposition of the canals located within the project boundary and
related transitions beyond the project boundary.
4. Prior to the recording of any final map or issuance of any certificates of occupancy for
development within the GPA/ZC area, whichever is earlier, the developer must (a)
construct all infrastructure, both public and private, within the boundary of the GPA/ZC
area, including, but not limited to, any and all boundary streets to the centerline of the
street as required by the City Engineer and (b) construct, and acquire any necessary
right-of-way to construct, any off -site infrastructure required to support development of
the GPA/ZC as determined by the City Engineer. Phasing of the construction of the
required infrastructure may be allowed by the City Engineer. Per City Council Resolution
035-13, any development within the GPA/ZC area must comply with the City's
"complete streets" policy.
5. Prior to the City's approval of any construction plans associated with any development
project, subdivision, or minor land division within the GPA/ZC area, the developer must
take all actions necessary to add the GPA/ZC area to the Consolidated Maintenance
District ("CMD") and pay all fees for inclusion in the CMD or, if the development is
already within the CMD, update the maintenance district documents as provided in
Bakersfield Municipal Code section 13.04.021 or as otherwise required by the City
Engineer.
6. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and
collectors.
7. Prior to the City's approval of any construction plans associated with any development
project, subdivision, or minor land division within the GPA/ZC area, the developer must
construct, or pay its proportionate share of the estimated cost to construct, the median
(currently $100 per lineal foot), as determined by the City Engineer, for the arterial
frontage of the property within the GPA/ZC area.
8. Prior to the City's issuance of any building permits for construction within the GPA/ZC
area, or an earlier time established through conditions of a subsequent City -approved
subsequent development project, subdivision, or minor land division within the GPA/ZC
area, the developer must pay all development fees for the GPA/ZC area including, but
`ORIGINAL
GPA /ZC No. 23-0015
Conditions of Approval
Page 3
not limited to, the adopted regional traffic impact fee, local mitigation fees, any major
bridge and thoroughfare district fees, and any planned sewer and drainage area fees.
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OORIGINAL
POLICY RESOLUTION NO. 1 12- 07
A RESOLUTION OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADOPTING A
POLICY ESTABLISHING STANDARDS FOR
THE DEVELOPMENT OF SEVENTH
STANDARD ROAD
RECITALS
WHEREAS, Seventh Standard Road from Sante Fe Way to State Route 99 is an
entranceway into both the City of Bakersfield and the City of Shatter; and
WHEREAS, Seventh Standard Road is an important component of the Circulation
Elements of the City of Bakersfield, the City of Shafter, and County of Kern; and
WHEREAS, the City of Bakersfield, the City of Shafter, and the County of Kern
desire to have a consistent and aesthetically pleasing entranceway; and
WHEREAS, the City of Bakersfield and the City of Shatter will be adopting similar
standards for Seventh Standard Road for use within their respective jurisdictions; and
WHEREAS, the south half of Seventh Standard Road from one-half mile west of
Enos Lane to State Route 99 is within the Sphere of Influence of the City of Bakersfield;
and
WHEREAS, the north half of Seventh Standard Road from Santa Fe Way to State
Route 99 is within the Sphere of Influence of the City of Shafter; and
WHEREAS, the standards and policies attached in Exhibit "A" have been
developed jointly with the City of Bakersfield, the City of Shafter and the County of Kern;
and
WHEREAS, the City of Bakersfield desires to adopt said standards and policies as
attached in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield
as follows:
The above recitals are true and correct and are incorporated herein by
reference.
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ORIGINAL
ORIGIN,a[.Q
2, The Planning Department and the Public Works Department of the City of
Bakersfield are authorized to utilize the standards and policies in Exhibit "A"
for any and all developments on Seventh Standard Road within the City of
Bakersfield's Sphere of Influence.
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 ; I" _ s 2MY
by the following vote:
✓ 1�-- ✓ ✓ I-- I--
YE COUNCIL MEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCIL MEMBER
AIN: COUNCIL MEMBER
ABSEN COUNCIL MEMBER_�r-1%
�2001
APPROVED JUN 1
HARVEY L. HALL
Mayor
- 44-t:�4�� -
CITY CLERK and Ex bficio Clerk of the
Council of the City of Bakersfield
swing Page
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ORIGINAIORIGINAI�
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
"CityAttorney
Exhibit A
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GAGROUPDAT\RESOLUT1120074Seventh Std Rd Resolutbn.doc
April 17, 2007
- Page 3 of 3 Pages -
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CITY COUNCIL POLICY
MEMORANDUM
DATE: May 24, 2007
SUBJECT: STANDARDS AND POLICIES FOR THE DEVELOPMENT OF
SEVENTH STANDARD ROAD
Discussion: Seventh Standard Road from Sante Fe Way to State Route 99 is an
entranceway into both the City of Bakersfield and the City of Shafter and is an
important component of the Circulation Elements of the City of Bakersfield, the City of
Shaffer, and County of Kern. These agencies all desire to have a consistent and
aesthetically pleasing entranceway and have agreed to adopt uniform policies and
standards for Seventh Standard Road for use within their respective jurisdictions. The
standards and policies referenced herein have been jointly developed by the City of
Bakersfield, the City of Shaffer and the County of Kern.
The south half of Seventh Standard Road from one-half mile west of Enos Lane to
State Route 99 is within the Sphere of Influence of the City of Bakersfield. Therefor,
these standards and policies shall apply to all developments in this area with frontage
on the south side of Seventh Standard Road.
Standards and Policy:
Basic Design Standard: Seventh Standard Road shall be constructed as a 126
foot wide, 6-lane Expressway with a 30 foot landscaped parkway behind the
standard sidewalks as shown on the attached cross-section. Expanded full
access signalized intersections will be permitted at minimum half mile spacing.
No other intermediate street access will be permitted. Access to commercial
property from Seventh Standard Road is permitted only with the construction of
a fourth auxiliary access lane along the commercial area with right in and right
out only, to and from Seventh Standard Road, as shown on the attached cross-
section,
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EXHIBIT Ay
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G:IGR0UPDA'nRES0LUTl1200'A7th atd rd policy Exhibit A.doc Page Ioffu O
ORIGINAL
2. Roads Intersecting 7th Standard Road. All roads intersecting 7th Standard
Road between Santa Fe Way and State Route 99 shall conform to the
following:
a. All intersecting roads shall be consistent with the Metropolitan
Bakersfield General Plan, Circulation Element.
b. All north -south roads intersecting 7th Standard Road shall provide the
maximum number of lanes through the intersection and shall continue
the maximum lane configuration for a minimum distance of 1000 feet
beyond the intersection. As an example, an arterial road (6 lanes) shall
have all six lanes continue through the intersection and continue beyond
7th Standard Road for a minimum distance of 1000 feet before reducing
the number of lanes.
c. All roads intersecting 7'h Standard shall be designed to established City
of Bakersfield standards including lane configurations, lane widths,
median islands, sidewalk, crosswalks, etc.
d. The following roads shall line up at their intersections with 7'h Standard
Road:
i. Quail Creek Road. COS has the option to extend this road to the
north provided all lanes align with Quail Creek Road to the south.
ii. Verdugo Road. The small offset shall be split equally between
COS and COB.
iii. Jewetta Avenue.
iv. Zerker Road.
v. Rudd Road. COB shall conform lanes to that of COS.
vi. Zachary Road. COB shall conform lanes to that of COS.
e. The following roads shall terminate at Seventh Standard Road and shall
not extend to the north:
i. Coffee Road
ii. Renfro Road
3. Construction: Construction of 7th Standard Road shall, as much as practicable,
be accomplished full width by either one of two ways:
a. the phasing of improvements by adjacent developers which will include
additional lanes to be constructed, and reimbursed by the agency
through their respective Traffic Impact Fee programs; or
b. by the use of a Major Bridge Thoroughfare District.
NOTE. Road B is the one road in the City of Shaffer that has not been
fully resolved. The City of Shafter will speak with the developer in
an effort to shift the road to a point that will line up with Allen
Road. In addition, the COB will contact the property owner to the
south to see if Allen Road could be shifted to the east.
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GAGROUPDAnRESOLUTR200n7th aid rd policy Exhibit A.doc Pape age 2 TA-
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