HomeMy WebLinkAboutRes. No. 18-24 (SPA No. 24-0227)RESOLUTION NO. 18-24
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
AMENDMENT TO THE WESTERN ROSEDALE SPECIFIC TRAIL PLAN
LOCATED SOUTH OF SOUTH WEGIS AVENUE AND STOCKDALE
HIGHWAY IN WEST BAKERSFIELD (SPA NO. 24-0227).
WHEREAS, Porter & Associates, Inc. representing Bolthouse Land Company, LLC
filed an application with the City of Bakersfield Development Services Department for
an amendment to the Western Rosedale Specific Trails Plan, as shown in Exhibit B,
located south of South Wegis Avenue and Stockdale Highway in west Bakersfield (the
"Project"); and
WHEREAS, the project proposes to amend the Western Rosedale Specific Trails
Pion to eliminate the equestrian trail e!ement and 3'6" fence from the multi~use
combination trail along South Wegis Avenue, south of Stockdale Highway, Stockdale
Ranch Drive, and South Nord Avenue in the area known as the "Stockdale Ranch"
development; and
WHEREAS, the Project is exempt from the requirements of the California
Environmental Quality Act (CEQA), pursuant State CEQA Guidelines Section 15061 (bl (3),
Common Sense Exemption; and
WHEREAS, the Secretary of the Planning Commission set Thursday, June 20, 2024
at 5:30 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 Planning Commission
to consider the application, and notice of the public hearing was given in the manner
provided in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, at the public hearing no testimony was received either in support and
opposition of the Project; dnd
WHEREAS, the facts presented in the staff report and evidence received both in
writing and by verbal testimony at the above referenced public hearing support the
following findings:
1. A!I required public notices have been given. Hearing notices regarding
the proposed Project were mailed to property owners within 300 feet of
the Project area and published in the Bakersfield Californian, a local
newspaper of general circulation, 30 days prior to the hearing.
2. The provisions of CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures have been followed. Staff
determined that the proposal is a project under CEQA and an initial study
was completed.
3. The public necessity, general welfare, and good planning practices justify
the Project.
Page 1 of 2
4. The Project is compatible with the development of surrounding properties
and is internally consistent with the Metropolitan Bakersfield General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as
follows:
l. The above recitals, incorporated herein, are true and correct.
2. The Project is hereby recommended for approval by the City Council
subject to the conditions of approval in Exhibit A and located on the map
as shown in Exhibit B, both of which are incorporated herein.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Planning Commission of the City of Bakersfield at a regular meeting thereof held on
June 20, 2024, on a motion by Commissioner Koman and seconded by Vice-Chair
Strickland, by the following vote.
AYES:
ABSENT:
CATER, KAUR, KOMAN, STRICKLAND
BASHIRTASH, BITTLE, NEAL
Exhibits (attached):
Exhibit A: Conditions of Approval
Exhibit B: Location Map
APPROVED
DANI ~ATER, CHAIR
City of Bakersfield Planning Commission
Page 2 of 2
EXHIBIT "A"
CONDITIONS OF APPROVAL
WESTERN ROSEDALE SPECIFIC TRAIL PLAN AMENDMENT NO. 24-0227
CITY ATTORNEY
1. In consideration by the City of Bakersfield for land use entitlements, including but not limited
to related environmental approvals related to or arising from this project, the applicant,
and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend,
and hold harmless the City of Bakersfield, its officers, agents, employees, departments,
commissioners and boards ("City" herein) against any arid all liability, claims, actions, causes
of action or demands whatsoever against them, or any of them, before administrative or
judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions
of this application, including without limitation any CEQA approval or any re!ated
development approvals or conditions whether imposed by the City, or not, except for C!TY's
sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any
decision by the City related to this project and the obligations of this condition apply
regardless of whether any other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling under
this condition within thirty (30) days of actually receiving such claim. The City, in its sole
discretion, shall be allowed to choose the attorney or outside law firrn to defend the City at
the so!e cost and expense of the Applicant and the City is not obligated to use any law firm
or attorney chosen by another entity or party.
SPA 24-0227
Removal of Equestrian Trail
CITY OF BAKERSFIELD
Exhibit B
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