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HomeMy WebLinkAboutRES NO 132-2023RESOLUTION NO. 1 3 2- 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. Page 1 of 3 e- r 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 4k o r v 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: (0: COUNCILMEMBER: Ar ai s Gonzales. Weir.-Smi* Freeman, Grav 44aw- NOES: COUNCILMEMBER: SST COUNCILMEMBER:Sv-'�,-A11 )tjXVKr ABSENT: COUNCILMEMBER: J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: 2O3 23 By KAREN GOH Mayor VIRGINIA GENNARO, CITY ATTORNEY By- /ti4 VIRIDIANA GAL- ARDO-KING Deputy City Attorney Exhibits: A General Plan Amendment Map Page 3 of 3 GPA/ZC 23-0015 EXHIBIT A CITY OF BAKERSFIELD JURIS OTHER JURIS OTHER JURIS OTHERJURIS OTHER JURIS JURIS OTHER JURIS OTHERJURIS OTHERJURIS OTHER JURIS JURIS OTHER JURIS OTHERJURIS OTHERJURIS OTHER JURIS MUC MUC I LI LI LI LI i LI LI LI LI LI LI LI LI LI LI LI Ll LI LI LI LI LI LI Ll LI LI LI LI LI LI \ \ LI LI LI Ll LI \ LI \\ HMR LI LI LI LI LI P HMR LI HMR LI LI LI LI HMR S HMR 9ti LI HMR Ty LI LI LI LMR HMR T� LL HMR 9L LI LI LI LMR LMR GC LI LMR LMR GC GC GC Ll LI LMR LMR GC GC GC GC LMR OC GC GC GC N\HMR R HMR LR LR LR HMR LMR OC GC GC GC HMR LRLR and MUC LEGEND (GENERAL PLAN JURIS OTHERJURIS OTHERJURIS LAND USE) ll laal Residential JURIS OTHERJURIS OTHERJURIS 2.5 grass a(res/drelling unit EI Estate Residential I dwelling unitInet one SR Suburban Residential JURIS OTHER JURIS OTHERJURIS 54 balling units/net acre SI/LI SEVENTH STANDARD RD County:54 dwelling unils,inel acre Nm. Ciry:57.26 dwelling units,tnetane LA Law Density Residential GC RR>—�-SR I 5 7.26 dwelling units,tnet acre I LAIR Low Medium Density Residential SR FTC is > 4 but 5 10 dwelling units'nel acre SR SR SR OI V HMI High Medium Density Residential VI SR J >7.26 units but SR SR SR SR / 5I7 42 dwelling unesinet acre SR ! III High Density Residential >17.42 units but J •1 572.6 dwding units'neta,re SR SR SR SR H( Highway (ammersial SR 11 General Commet(ial M( Major Commercial oc OHi(e Commercial SR SR SR SR I MU( Mixed Use (ammertial L _ _ _ Ll Light Industrial �. SR LI SI Service Industrial HI Heo Industrial SR SR SR P Palik halch., PS Pali Schools SR SR �• . SI PT Public Lonsportion (orridor( SR I P-SW Solid Waste fa,,I,h,s SR ' OS Open Space SR SR `,,� SI OS Pork, and Raneafion SR OS.S Slopes ea,aad,ng 30% !-IA lesour(e - �••� Intensive Agriculture SR SR SR SR I SI 20 acre minimum petal site C I-EAResam,e- z Extensive Agriculture SNOW RD 20aisemimmampmalsite to a(,e min wiumm,on A,t LR• UMPResource - LR LR LR LIR -- Mlnetd, I Petroleum LR porn 5a to mimmum Isis LR � UEA Wbon Estee Aesidennol LR LR LR LR \ -- k.. Western Rosedale Plan 0.5 acre net minimum pastel site WM West Ming Specific Ran LLl J LR LR LR LR LR LR J 4 LR LR d oft LR LR LR LR LR LR BAKERSFIELD SR GC GC LR PS PS SR SR LR , Finatier ', SR High Sew ''LR Feet ZLL LR PS PS LR ;LR LMR x LR LR 0 690 1,380