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Home My WebLink AboutRES NO 133-2023RESOLUTION NO. 13 3— G 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. �� AK499, 0 1110 m G.- r Page 1 of 2 ` ORIGINAL 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. 000 Page 2 of 2 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: AYE COUNCILMEMBER: Arias, Gonzales, Weir. w44-,-Freeman, Grav,-Ifertof— N ES: COUNCILMEMBER: <Zn�AT . COUNCILMEMBER: JXn\*N hDL.0 0 ABSENT: COUNCILMEMBER: a J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: S 1 3 2023 By KA EN 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 m � r 'ORIGINO 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 aq&A'Q. ^ shall be privately maintained. Flowage and drainage easements, as needed, .&e 9- m r 'ORIGI,Ne 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 O�,bAKF �n a m � r OORIGINAL 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. > rr, F- r 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 Shaffer, 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 Shafter 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: 1. The above recitals are true and correct and are incorporated herein by reference. � eAKF� pd'r, �,AICE - Page 1 of 3 Pages - O ORIGINA1 ORIGINe 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. ---------- 000---------- I HEREBY CERTIFYthat the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ; JU►I 6 2MY by the following vote: ' YE COUNCIL MEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCIL MEMBER AIN: COUNCIL MEMBER ABSEN : COUNCILMEMBER QanStrr� ADO] APPROVED JUN 1 HARVEY L. HALL Mayor — 44t-'k 1 CITY CLERK and Ex ficio Clerk of the Council of the City of Bakersfield swing Page $NKF - Page 2 of 3 Pages ORIG1119ORIGINAL APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By"CityAttorney Exhibit A mps G:IGROUPDAT\RESOLUT112007\Seventh Std Rd Resolullon.doc April 17, 2007 - Page 3 of 3 Pages - �gAKF9 �= r m �^ ORGINALL o vQR1GIN r1- • /OP* B A K E R S F I E L D CITY COUNCIL POLICY MEMORANDUM DATE: May 24, 2007 SUBJECT: STANDARDS AND POLICIES FOR THE DEVELOPMENT OF SEVENTH STANDARD ROAD Discussion: Seventh Standard Road from Sainte 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 Shatter, 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: 1. 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. O�eAK�J'�� EXHIBITA.1O �n G:IGR0UPDATIRES0LUTI1200'A7th aid rd policy Exhibit A.doc Page I of y r- 4 ro ORIOAt 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 7*h 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 7th 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 7th 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 Shafter 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. lb O� > gip o E WIfBITA- GAGROUPDATIRESOLUTI000A7th aid rd policy Exhibit A.doc Page 2of� �n O ORIGINAL Op,KE,�u^ o > c o`��AKF9s � m r v o ORIGINAL m r �—r------ § ■ % $ $ � k / « /� a (Inn to LL ) LJ of it §Z< e� §u0 3�R@ � /■ Z�- I oa§ ,,§\3itj � w)�iff Ru oIw <0 wlm Ewxw LLI i<z�0 0 U_a4°w\� owozooD L,J01-p-KIIOHLo Q =o2w2ww ? , &ou§�uLJ k2§§I 7 Q $ct � V) »� ® | � 2 z p � |� z K na_ mr___ STANDARD _ a � B LANE EXPRESSWAY Al"!» SHA® 150' R/W W/AU» LANE S� " CRY I { ST �? PUBUC _. __, « %� 0 IGI 0RIGwA /